(PC) Jackson v. Quick ( 2022 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 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 12 JASON QUICK, et al., OPPOSITION BRIEF 13 Defendants. (ECF No. 108) 14 15 Plaintiff Cornel Jackson is a pretrial detainee proceeding pro se and in forma pauperis in 16 this civil rights action pursuant to 42 U.S.C. § 1983. Defendants have moved for summary 17 judgment, which Plaintiff opposes, offering his declaration as support. (See ECF No. 108, 115, 18 117). 19 Upon review of Defendants’ motion for summary judgment, it appears that Defendants 20 have not, as required by the scheduling order, “simultaneously provide[d] Plaintiff with the notice 21 and warning required by Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998),” which provides 22 important information regarding what a plaintiff must do to properly oppose a motion for 23 summary judgment. (ECF No. 76, p. 6). Accordingly, the Court will require Defendants to 24 provide the Rand notice and a copy of Local Rule 260, which addresses requirements for 25 opposing a motion for summary judgment. Thereafter, the Court will permit Plaintiff to file a 26 supplement to his opposition brief and accompanying evidence if he so chooses. And if Plaintiff 27 files a supplement, Defendants will be permitted to file a reply. 28 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 3 | Plaintiff with the notice and warning required by Rand v. Rowland, 154 F.3d 952 (9th Cir. 4 | 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 6 | 260, Plaintiff may, but is not required, to file a supplement to his opposition brief, along with any 7 | supporting evidence, such as a declaration. 8 3. If Plaintiff files a supplement, Defendants shall have seven (7 days) from its filing 9 | to file any reply. 10 Wl IT IS SO ORDERED. 12] Dated: _ July 12, 2022 [sf ey — 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 □□ ' The Court notes that none of the documents attached to the motion for summary judgment contain the 27 || 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 28 | document provided to Plaintiff.