Arellano v. Sedighi

8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA Raul ARELLANO,, Case No.: 3:15-cv-02059-AJB-BGS 12 Plaintiff, ORDER: v. (1) PROVIDING NOTICE OF MOTION FOR SUMMARY SEDIGHI, et al., JUDGMENT PURSUANT TO 15 Defendants. KLINGELE v. EIKENBERRY AND RAND v. ROWLAND (2) VACATING HEARING DATE 17 (3) SETTING BRIEFING SCHEDULE ON MOTION FOR SUMMARY JUDGMENT 20 NOTICE REGARDING MOTION FOR SUMMARY JUDGMENT 22 This notice is required to be given to you pursuant to Rand v. Rowland, 154 F.3d 23 952 (9th Cir. 1998) (en banc), cert. denied, 527 U.S. 1035 (1999) and Klingele v. Eikenberry, 849 F.2d 409 (9th Cir. 1988): 25 Defendants Sedighi, et al., have filed a motion for summary judgment in your case under Rule 56 of the Federal Rules of Civil Procedure. If the motion is granted, it will end your case.

1 Defendants filed the Motion for Summary Judgment on April 13, 2020 with a hearing date of June 15, 2020. There is no right to an oral hearing on a motion for |}summary judgment. Under Local Rule 7.1(d)(1), the Court has the right to make a || decision by reading the papers filed and not hearing any oral argument. Accordingly, the 5 15, 2020 hearing date is VACATED.

6 Your opposition (including any supporting papers) must be filed with the court and ||served by you on the Defendants by May 11, 2020. If you do not wish to oppose Defendants’ Motion, you should file and serve a “Notice of Non-Opposition” by that same date to let the Court know that Defendants’ Motion is unopposed. If you do file and ||serve an Opposition, Defendants must file papers in reply to your papers, and those || papers have to be filed by Defendants with the court and served on you by May 18, 2020.

12 Rule 56 tells you what you must do in order to oppose a Motion for Summary 13 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 15 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 affidavits or declarations, depositions, admissions, answers to || interrogatories, or other authenticated documents, as provided by Rule 56(c), that || contradict the facts shown in the defendants’ declarations and documents and show that a 22 is genuinely disputed and requires trial. If you do not submit your own evidence in || opposition, summary judgment, if appropriate, may be entered against you. If summary 24 judgment is granted, your case will end in favor of Defendants and there will be no trial.

25 IT IS SO ORDERED.

26 Dated: April 15, 2020 7 2 p f 27 on. Bernard G. Skomal 28 United States Magistrate Judge