Opinion
Case No.: 15cv59-BEN-MDD
07-13-2017
TORRY BUCHANAN, Plaintiff, v. DR. A. GARIKAPARTHI, DR. S. ROBERTS, Defendants.
KLINGELE NOTICE, ORDER SETTING BRIEFING SCHEDULE ON DEFENDANTS' SUMMARY JUDGMENT MOTION, and
AMENDED SCHEDULING ORDER
[ECF No. 48]
On June 27, 2017, Defendants filed a motion for summary judgment ("MSJ"), with a hearing date of August 28, 2017. (ECF No. 48). The Court hereby VACATES the August 28, 2017, hearing, enters the following Briefing Schedule on the summary judgment motion, and enters the following Amended Scheduling Order concerning upcoming pretrial dates.
MSJ BRIEFING SCHEDULE
The Court hereby ORDERS the parties to file briefs and supporting papers and evidence as follows:
1. Plaintiff may file and serve his opposition, including any evidence, to the matters raised by Defendants' summary judgment motion (ECF No. 48) by August 4 , 2017 . 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.
2. If you do file and serve an opposition, Defendants must file and serve their reply to your opposition by August 18 , 2017 .
KLINGELE NOTICE
The following notice is required pursuant to Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998) (en banc), cert. denied, 527 U.S. 1035 (1999) and Klingele v. Eikenberry, 849 F.2d 409 (9th Cir. 1988), for all parties proceeding pro se:
Defendants in this case have moved the Court to enter judgment for the reasons raised in their summary judgment motion. (ECF No. 48). The Court will consider the motion after giving you notice and opportunity to be heard. A motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure will, if granted, end your case.
Rule 56 of the Federal Rules of Civil Procedure 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 - and where the party who asked for summary judgment is entitled to judgment as a matter of law. When a party you are suing seeks summary judgment and their position is properly supported by declarations (or other sworn testimony), you cannot simply reply by restating what your complaint says. Instead, you must set out specific facts in declarations, depositions, answers to interrogatories, or authenticated documents that contradict the facts shown in the Defendants' declarations and documents and show that there is a genuine issue of material fact requiring 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.
AMENDED SCHEDULING ORDER
The Court hereby ORDERS as follows:
1. For bench trials before the Honorable Roger T. Benitez, the parties shall file their Memoranda of Contentions of Fact and Law and take any other action required by Civil Local Rule 16.1(f)(2) by October 9 , 2017 . In jury trial cases before the Honorable Roger T. Benitez, neither party, unless otherwise ordered by the Court, is required to file Memoranda of Contentions of Fact and Law pursuant to Civil Local Rule 16.1(f)(2).
2. The parties shall comply with the pre-trial disclosure requirements of Federal Rule of Civil Procedure 26(a)(3) by October 9 , 2017 . Failure to comply with these disclosure requirements could result in evidence preclusion or other sanctions under Federal Rule of Civil Procedure 37.
3. The parties shall meet and take the action required by Civil Local Rule 16.1(f)(4) by October 16 , 2017 . At this meeting, the parties shall discuss and attempt to enter into stipulations and agreements resulting in simplification of the triable issues. The parties shall exchange copies and/or display all exhibits other than those to be used for impeachment. The exhibits shall be prepared in accordance with Civil Local Rule 16.1(f)(4)(c). The parties shall note any objections they have to any other parties' Pretrial Disclosures under Federal Rule of Civil Procedure 26(a)(3). The parties shall cooperate in the preparation of the proposed pretrial conference order.
4. Counsel for Defendants will be responsible for preparing the pretrial order and arranging the meetings of the parties pursuant to Civil Local Rule 16.1(f). By October 23 , 2017 , Defendants' counsel must provide Plaintiff with the proposed pretrial order for review and approval. Plaintiff must communicate promptly with Defendants' attorney concerning any objections to form or content of the pretrial order, and both parties shall attempt promptly to resolve their differences, if any, concerning the order.
5. The Proposed Final Pretrial Conference Order, including objections to any other parties' Federal Rule of Civil Procedure 26(a)(3) Pretrial Disclosures shall be prepared, served and lodged with the assigned district judge by October 30 , 2017 , and shall be in the form prescribed in and comply with Civil Local Rule 16.1(f)(6).
6. The final Pretrial Conference is scheduled on the calendar of the Honorable Roger T. Benitez on November 6 , 2017 at 10:30 a.m.
7. A post trial settlement conference before a magistrate judge may be held within 30 days of verdict in the case.
8. No other dates in prior Scheduling Orders in this case are amended; all deadlines that have already expired remain expired.
IT IS SO ORDERED. Dated: July 13, 2017
/s/_________
Hon. Mitchell D. Dembin
United States Magistrate Judge