Smith v. Providian National Bank

Full title: LILLIAN B. SMITH, Plaintiff, v. PROVIDIAN NATIONAL BANK, Defendant

Court: United States District Court, S.D. Ohio, Western Division at Dayton

Date published: Feb 1, 2006

Case No. 3:05-cv-066 (S.D. Ohio Feb. 1, 2006)

Opinion

Case No. 3:05-cv-066.

February 1, 2006

ORDER TO PRO SE PLAINTIFF UPON FILING OF MOTION TO DISMISS OR MOTION FOR SUMMARY JUDGMENT

MICHAEL MERZ, Magistrate Judge

You are hereby notified that the Defendant has filed with the Court on January 31, 2006, a motion to dismiss your claim in this case or for summary judgment on those claims. You should receive a copy of the motion directly from the Defendant.

Under the rules of this Court (S.D. Ohio L.R. 7.2) you are allowed twenty-one days from the date of service (January 31, 2006) within which to file a response to this motion, plus an extra three days if the motion was served on you by mail. Your response must be filed with the Court not later than February 24, 2006.

Under Fed.R.Civ.Proc. 56, a party faced with a motion for summary judgment cannot rely merely on the claims he or she has made in the Complaint, but must respond with evidence which shows that there is a genuine issue of material fact for trial in the case. The evidence must be of the same quality as would be admissible at trial in the case.