Opinion
3:22-cv-5990-DGE-TLF
06-12-2023
JESSE RAY ABRAMS, Plaintiff, v. JEFFREY SCHAEFER, Defendants.
ORDER DIRECTING DEFENDANT BARKER TO FILE RAND NOTICE
THERESA L. FRICKE UNITED STATES MAGISTRATE JUDGE
This matter comes before the Court on Defendant Allyson Barker's motion to dismiss (Dkt. 27). The Court directs defendant Barker to file a Rand notice regarding her motion to dismiss (and the Court requests the Clerk to re-note the motion).
Rand Notice
When she filed her motion to dismiss, defendant Barker did not file a notice of dispositive motion informing plaintiff of the consequences if the motion were granted. Such notice is required by the Ninth Circuit. See Woods v. Carey, 684 F.3d 934, 935 (9th Cir. 2012). See also Dkt. 17 at 4 (directing defendants to file Rand notices concurrently with motions to dismiss). The Ninth Circuit has cautioned that failure to provide such a notice is not typically harmless. Rand v. Rowland, 154 F.3d 952, 96162 (9th Cir. 1998).
To ensure that plaintiff has the opportunity to respond to defendant Barker's motion to dismiss, defendant Barker is directed to file a Rand notice on or before June 15, 2023. The Clerk is directed to re-note the motion to dismiss (Dkt. 27) for July 7, 2023 and, pursuant to the Court's local rules, plaintiff may file a response to the motion on or before July 3, 2023. See LCR 7(d)(3).