Millen v. Morris

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JONATHAN MILLEN, Case No. 19-cv-03986-SI

Plaintiff,

ORDER FOR SERVICE OF PROCESS v.

Re: Dkt. No. 21

MORRIS,

Defendant.

Plaintiff has finally provided a first initial for the lone defendant in this action, who was unable to be served on an earlier attempt because plaintiff had not sufficiently identified the defendant. Service of process will now be attempted again on the defendant. Accordingly, 1. The clerk shall issue a summons and the United States Marshal shall serve, without prepayment of fees, the summons, and a copy of the complaint, and a copy of the order of service, and a copy of this order upon correctional officer M. Morris, who apparently works at the San Quentin State Prison Adjustment Center (or at least worked there in 2017).

2. In order to expedite the resolution of this case, the following briefing schedule for dispositive motions is set: a. No later than April 2, 2021, defendant must file and serve a motion for summary judgment or other dispositive motion. If defendant is of the opinion that this case cannot be resolved by summary judgment, defendant must so inform the court prior to the date the motion is due. If defendant files a motion for summary judgment, defendant must provide to plaintiff a new Rand notice regarding summary judgment procedures at the time he files such a motion. See Woods v. Carey, 684 F.3d 934, 939 (9th Cir. 2012). b. Plaintiff's opposition to the summary judgment or other dispositive motion must be filed with the court and served upon defendant no later than May 7, 2021. Plaintiff must bear in mind the notice and warning regarding summary judgment provided later in this order as he prepares his opposition to any motion for summary judgment. c. If defendant wishes to file a reply brief, the reply brief must be filed and served no later than May 28, 2021.

3. Plaintiff is provided the following notices and warnings about the procedures for motions for summary judgment:

The defendants may make 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. . . . 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, your case will be dismissed and there will be no trial. Rand v. Rowland, 154 F.3d 18 952, 962-63 (9th Cir. 1998). If a defendant files a motion for summary judgment for failure to exhaust administrative remedies, he is seeking to have the case dismissed. As with other defense summary judgment motions, if a motion for summary judgment for failure to exhaust administrative remedies is granted, the plaintiff's case will be dismissed and there will be no trial.

4. All communications by plaintiff with the court must be served on a defendant's counsel by mailing a true copy of the document to defendant's counsel. The court may disregard any document which a party files but fails to send a copy of to his opponent. Until a defendant's counsel has been designated, plaintiff may mail a true copy of the document directly to defendant, but once a defendant is represented by counsel, all documents must be mailed to counsel rather than 1 5. Discovery may be taken in accordance with the Federal Rules of Civil Procedure. 2 No further court order under Federal Rule of Civil Procedure 30(a)(2) or Local Rule 16 is required before the parties may conduct discovery.

4 6. Plaintiff is responsible for prosecuting this case. He must promptly keep the court informed of any change of address and must comply with the court's orders in a timely fashion. 6 || 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).

8 7. Plaintiff is cautioned that he must include the case name and case number for this case on any document he submits to this court for consideration in this case 8. The clerk shall update the docket to show plaintiff's current address: 524 Victoria Street, San Francisco, CA 94132. See Docket No. 21 at 2.

12 IT IS SO ORDERED.

13 Dated: January 12, 2021 Site WU tee

MEW VOM

SUSAN ILLSTON

United States District Judge