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No. C 09-0947 RS (PR)

1 SCHEDULING ORDER

 *E-Filed 5/6/10* 

 UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

JAMES ALAN BUSH,

Plaintiff,

 vs.

MICHAEL O’BRIEN, et al.,

Defendants. /

 

 No. C 09-0947 RS (PR)

SCHEDULING ORDER;

DIRECTING PLAINTIFF TO

FILE OPPOSITION TO

DEFENDANTS’ MOTION FOR

SUMMARY JUDGMENT

This is a civil rights complaint filed by a pro se state prisoner pursuant to 42

U.S.C. § 1983.

Defendants filed a motion for summary judgment on February 2, 2010. (See

Docket No. 16.) The Court sets the following briefing scheduling regarding plaintiff’s

filing an opposition to defendants’ motion for summary judgment, and defendants’ reply. 

Plaintiff’s opposition to the motion for summary judgment shall be filed with the Court

and served on defendants no later than 30 days from the date this order is filed. The

Ninth Circuit has held that the following notice should be given to plaintiffs:

The defendants have made a motion for summary judgment by which they

seek to have your case dismissed. A motion for summary judgment under

Rule 56 of the Federal Rules of Civil Procedure will, if granted, end your

Case 3:09-cv-00947-RS Document 22 Filed 05/06/10 Page 1 of 3
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No. C 09-0947 RS (PR)

2 SCHEDULING ORDER

case. 

Rule 56 tells you what you must do in order 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 your case, the party who asked

for summary 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. Instead,

you 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 you do

not submit your own evidence in opposition, summary judgment, if

appropriate, may be entered against you. If summary judgment is granted

in favor of defendants, your case will be dismissed and there will be no

trial.

See Rand v. Rowland, 154 F.3d 952, 963 (9th Cir. 1998) (en banc). Plaintiff is advised to

read Rule 56 of the Federal Rules of Civil Procedure and Celotex Corp. v. Catrett, 477

U.S. 317 (1986) (holding party opposing summary judgment must come forward with

evidence showing triable issues of material fact on every essential element of his claim). 

Plaintiff is cautioned that failure to file an opposition to defendants’ motion for summary

judgment may be deemed to be a consent by plaintiff to the granting of the motion, and

granting of judgment against plaintiff without a trial. See Ghazali v. Moran, 46 F.3d 52,

53-54 (9th Cir. 1995) (per curiam); Brydges v. Lewis, 18 F.3d 651, 653 (9th Cir. 1994). 

The Court reminds plaintiff that defendants have asserted many affirmative

defenses in their answer (Docket No. 14), defenses the Court will consider when it rules

on defendants’ motion for summary judgment. Plaintiff should, then, address in his

opposition those affirmative defenses plaintiff deems worthy of a response. 

Defendants shall file a reply brief no later than 15 days after plaintiff’s

opposition is filed. 

The summary judgment motion shall be deemed submitted as of the date the reply

brief is due. No hearing will be held on the motion unless the Court so orders at a later

date. 

//

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No. C 09-0947 RS (PR)

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//

It is plaintiff’s responsibility to prosecute this case. Plaintiff must keep the Court

informed of any change of address and must comply with the Court’s orders in a timely

fashion. Failure to do so may result in the dismissal of this action for failure to prosecute

pursuant to Federal Rule of Civil Procedure 41(b).

IT IS SO ORDERED.

DATED: May 6, 2010 

 RICHARD SEEBORG

United States District Judge

Case 3:09-cv-00947-RS Document 22 Filed 05/06/10 Page 3 of 3