(PC) Jackson v. Quick

6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA CORNEL JACKSON, Case No. 1:19-cv-01591-JLT-EPG (PC) 10 Plaintiff, ORDER REQUIRING DEFENDANTS TO PROVIDE RAND NOTICE AND COPY OF 11 v. LOCAL RULE 260; PERMITTING PLAINTIFF TO FILE AMENDED JASON QUICK, et al., OPPOSITION BRIEF 13 Defendants. (ECF No. 108) Plaintiff Cornel Jackson is a pretrial detainee proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Defendants have moved for summary judgment, which Plaintiff opposes, offering his declaration as support. (See ECF No. 108, 115, 117).

Upon review of Defendants’ motion for summary judgment, it appears that Defendants have not, as required by the scheduling order, “simultaneously provide[d] Plaintiff with the notice and warning required by Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998),” which provides important information regarding what a plaintiff must do to properly oppose a motion for summary judgment. (ECF No. 76, p. 6). Accordingly, the Court will require Defendants to provide the Rand notice and a copy of Local Rule 260, which addresses requirements for opposing a motion for summary judgment. Thereafter, the Court will permit Plaintiff to file a supplement to his opposition brief and accompanying evidence if he so chooses. And if Plaintiff files a supplement, Defendants will be permitted to file a reply.

1 Accordingly, based on the foregoing, IT IS HEREBY ORDERED that: 2 1. By no later than July 19, 2022, Defendants shall file on the docket and serve | Plaintiff with the notice and warning required by Rand v. Rowland, 154 F.3d 952 (9th Cir. | 1998),” along with a copy of Local Rule 260.!

5 2. Within twenty-one (21 days) of service of the Rand notice and copy of Local Rule | 260, Plaintiff may, but is not required, to file a supplement to his opposition brief, along with any | supporting evidence, such as a declaration.

8 3. If Plaintiff files a supplement, Defendants shall have seven (7 days) from its filing | to file any reply.

Wl IT IS SO ORDERED.

12] Dated: _ July 12, 2022 [sf ey — 13 UNITED STATES MAGISTRATE JUDGE □□ ' The Court notes that none of the documents attached to the motion for summary judgment contain the || Rand notice. If Defendants provided the Rand notice to Plaintiff without filing it of record, they should submit a filing verifying when and by what means the Rand notice was provided, along with a copy of the | document provided to Plaintiff.