Free Order - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Shannon Michael Clark, Plaintiff, vs. Value Options, Inc. et. al., Defendants.

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No. CV 03-1344-EHC (HCE) ORDER

On September 27, 2006, Defendants Karen Marshall and Thomas Crumbley filed a Motion for Summary Judgment requesting that the Court enter judgment in Defendants' favor. NOTICE - WARNING TO PLAINTIFF This Notice is Required to Be Given to Plaintiff1 "A motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure will, if granted, end [Plaintiff's] case." Rand, 154 F.3d at 963. Rule 56 of the Federal Rules of Civil Procedure sets out the requirements necessary for Plaintiff to oppose a motion for summary judgment. Generally, summary judgment must be granted when there is no genuine issue of material fact-- that is, if there is no real dispute about any fact that would affect the result of Plaintiff's case, the party who asked for

Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998). Case 2:03-cv-01344-EHC-HCE Document 269 Filed 10/05/2006

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summary judgment is entitled to judgment as a matter of law, which will end Plaintiff's case. When a defendant files a motion for summary judgment that is properly supported by declarations (or other sworn testimony), Plaintiff cannot rely solely on what his complaint says. Instead, Plaintiff must set out specific facts in declarations, depositions, answers to interrogatories, or authenticated documents, as provided in Rule 56(e), that contradict the facts shown in the Defendants' declarations and documents and show that there is a genuine issue of material fact for trial. If Plaintiff fails to submit his own evidence in opposition to Defendants' Motion, summary judgment, if appropriate, may be entered against him. If summary judgment is granted, Plaintiff's case will be decided in Defendants' favor and there will be no trial regarding Plaintiff's claims against Defendants. See Rand, 154 F.3d 952. If Plaintiff disagrees with the facts set forth by Defendants in their Motion for Summary Judgment, Local Rule of Civil Procedure 56.1(a) of the Rules of Practice of the U.S. District Court for the District of Arizona requires Plaintiff to set forth separately from any memorandum that is filed, the specific facts he relies on to defeat summary judgment. Plaintiff must set forth facts in separately numbered paragraphs and not in narrative form. As to each fact, Plaintiff must refer to the specific portion of the record where the fact can be found (i.e. affidavit, deposition, etc.) See Local Rule Civil 56.1(a). Local Rule of Civil Procedure 56.1(b) provides that the deadline for filing a response to Defendants' Motion for Summary Judgment is thirty (30) days after Plaintiff is served with the motion. Plaintiff is further advised that his failure to file a response may be deemed as his consent to the granting of Defendants' Motion, which may result in the dismissal of Plaintiff's case against Defendants. See Local Rule of Civil Procedure 7.2(i). DATED this 5th day of October, 2006.

Case 2:03-cv-01344-EHC-HCE

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Filed 10/05/2006

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