1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

DEMETRIUS SCOBELLITTI, 

Plaintiff(s),

 v.

DR. GOLDSON, et al.,

Defendant(s). 

)

)

)

)

)

)

)

)

)

)

No. C 09-2785 CRB (PR)

ORDER

In order to expedite the resolution of this case, the court orders as follows:

a. By no later than September 1, 2010, defendants shall file a

motion for summary judgment or other dispositive motion. A motion for

summary judgment shall be supported by adequate factual documentation and

shall conform in all respects to Federal Rule of Civil Procedure 56, and shall

include as exhibits all records and incident reports stemming from the events at

issue. If defendants are of the opinion that this case cannot be resolved by

summary judgment or other dispositive motion, they shall so inform the court

prior to the date their motion is due. All papers filed with the court shall be

served promptly on plaintiff.

b. Plaintiff's opposition to the dispositive motion shall be filed

with the court and served upon defendants no later than 30 days after defendants

serve plaintiff with the motion. 

Case 3:09-cv-02785-CRB Document 18 Filed 07/08/10 Page 1 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 2

c. Plaintiff is advised that a motion for summary judgment

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

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 contradicts 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. Rand v. Rowland,

154 F.3d 952, 962-63 (9th Cir. 1998) (en banc) (App A).

Plaintiff is also advised that a motion to dismiss for failure to exhaust

administrative remedies under 42 U.S.C. § 1997e(a) will, if granted, end your

case, albeit without prejudice. You must “develop a record” and present it in

your opposition in order to dispute any “factual record” presented by the

defendants in their motion to dismiss. Wyatt v. Terhune, 315 F.3d 1108, 1120

n.14 (9th Cir. 2003).

d. Defendants shall file a reply brief within 15 days of the date

on which plaintiff serves them with the opposition. 

/ 

Case 3:09-cv-02785-CRB Document 18 Filed 07/08/10 Page 2 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 G:\PRO-SE\CRB\CR.09\Scobellitti, D1.or1.wpd 3

e. The 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. 

Discovery may be taken in accordance with the Federal Rules of Civil

Procedure. No further court order is required before the parties may conduct

discovery.

SO ORDERED.

DATED: July 8, 2010 

CHARLES R. BREYER

United States District Judge

Case 3:09-cv-02785-CRB Document 18 Filed 07/08/10 Page 3 of 3