Free Order - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) Plaintiff, ) ) v. ) ) JOSEPH ARPAIO, et al., ) ) Defendants. ) _______________________________) NATHANIEL HEARNS,

CIV 03-1924 PHX MHM (MEA) ORDER

Defendant Riddle, the only defendant remaining in this
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matter, has filed a motion for summary judgment [Docket No. 35],
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pursuant to Rule 56 of the Federal Rules of Civil Procedure.
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NOTICE--WARNING TO PLAINTIFF
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THIS NOTICE IS REQUIRED TO BE GIVEN TO YOU BY THE COURT1
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Defendant's motion for summary judgment seeks to have
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your case dismissed.
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A motion for summary judgment under Rule

56 of the Federal Rules of Civil Procedure will, if granted, end your case.
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Rule 56 tells you what you must do in order to oppose
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a motion for summary judgment. Generally, summary judgment must
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be granted when there is no genuine issue of material fact,
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i.e.,
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if there is no real dispute about any fact that would

affect the result of your case, the party who asked for summary

Rand v. Rowland, 154 F.3d 952, 962 (9th Cir. 1998) (en banc).

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judgment is entitled to judgment as a matter of law, which will end your case. When a party you are suing makes a motion for

summary judgment that is properly supported by declarations (or other sworn testimony), you cannot simply rely on what your complaint says. declarations, authenticated Instead, you must set out specific facts in answers to interrogatories, in Rule 56(e), or that

depositions, documents, as

provided

contradict the facts shown in the Defendant's declarations and documents and show that there is a genuine issue of material fact for trial. If you do not submit your own evidence in

opposition, summary judgment, if appropriate, may be entered against you. If summary judgment is granted, your case will be

dismissed and there will be no trial. Rule 56.1(a) of the United States District Court for the District of Arizona Local Rules of Civil Procedure also requires, in addition, that you include as a part of your opposition to a motion for summary judgment a separate statement of facts in opposition to the motion for summary judgment. (a) Any party filing a motion for summary judgment shall set forth separately from the memorandum of law, and in full, the specific facts on which that party relies in support of the motion. The specific facts shall be set forth in serial fashion and not in narrative form. As to each fact, the statement shall refer to a specific portion of the record where the fact may be found (i.e., affidavit, deposition, etc.). Any party opposing a motion for summary judgment must comply with the foregoing in setting forth the specific facts, which the opposing party asserts, including those facts which establish a genuine issue of material fact precluding summary judgment in favor of the moving party. In the alternative, the movant and the party opposing the motion shall jointly file a stipulation signed by the
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parties setting forth a statement of the stipulated facts if the parties agree there is no genuine issue of any material fact. As to any stipulated facts, the parties so stipulating may state that their stipulations are entered into only for the purposes of the motion for summary judgment and are not intended to be otherwise binding. Rule 7.2, United States District Court for the District

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of Arizona Local Rules of Civil Procedure provides:
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(e) Unless otherwise permitted by the Court, a motion including its supporting memorandum, and the response including its supporting memorandum, each shall not exceed fifteen (15) pages, exclusive of attachments and any required statement of facts. Unless otherwise permitted by the Court, a reply including its supporting memorandum shall not exceed ten (10) pages, exclusive of attachments. Subparagraph (i) of Rule 7.2 provides: If a motion does not conform in all substantial respects with the requirements of this Rule, or if the opposing party does not serve and file the required answering memoranda, or if counsel for any party fails to appear at the time and place assigned for oral argument, such non-compliance may be deemed a consent to the denial or granting of the motion and the court may dispose of the motion summarily. It is Plaintiff's obligation to timely respond to all motions. The failure of Plaintiff to respond to Defendant's

motion for summary judgment may, in the discretion of the Court, be deemed a consent to the granting of that motion without further notice, and judgment may be entered dismissing the complaint and action with prejudice pursuant to Local Civil Rule 7.2(i). curiam). See Brydges v. Lewis, 18 F.3d 651 (9th Cir. 1994) (per

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If

Defendant's

motion

for

summary

judgment

seeks

dismissal of your complaint for your failure to exhaust all available administrative remedies as required by 42 U.S.C. § 1997e(a), the Court may consider sworn declarations or other admissible evidence beyond your complaint. Moreover, if

Defendant produces admissible evidence demonstrating that you failed to exhaust your administrative remedies, your complaint will be dismissed without prejudice unless you produce copies of your grievances and grievance appeals or other admissible

evidence sufficient to show that you did exhaust all available administrative remedies. IT IS THEREFORE ORDERED that Plaintiff shall have thirty (30) days from the date this Order is filed to file a response to Defendant's motion for summary judgment, together with supporting affidavits or other appropriate exhibits and a separate statement of facts. IT IS FURTHER ORDERED that Defendant shall file any reply within fifteen (15) days from the date Plaintiff's

response is filed. IT IS FURTHER ORDERED that the motion shall be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court. DATED this 5th day of February, 2007.

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