Marani v. Cramer ( 2023 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 8 9 KEVIN MARANI, Case No.: 19-CV-5538 YGR 10 ORDER PROVIDING RAND NOTICE TO PRO SE 11 Plaintiff, DEFENDANTS REGARDING REQUIREMENTS FOR OPPOSING SUMMARY JUDGMENT 12 v. Re: Dkt. No. 139 13 MICHAEL CRAMER, ET AL., 14 Defendants. 15 16 Plaintiff Kevin Marani has filed a Motion for Summary Judgment as to defendants Michael 17 Cramer, Florence Cramer, Mark Cramer, and Scott Cramer. Ninth Circuit authority indicates that 18 self-represented parties should be given “notice of what is required of them in order to oppose” 19 summary judgment motions at the time of filing of the motions. See Rand v. Rowland, 154 F.3d 952, 20 962-63 (9th Cir. 1998); Woods v. Carey, 684 F.3d 934, 935, 940-41 (9th Cir. 2012). Accordingly, the 21 Court provides the following notice to the unrepresented defendants named in plaintiff’s motion for 22 summary judgment: 23 Plaintiff is making a motion for summary judgment under Rule 56 of the Federal 24 Rules of Civil Procedure which, if granted, will end your case by granting judgment in favor of plaintiff. Rule 56 tells you what you must do in order to 25 oppose a motion for summary judgment. Generally, summary judgment must be 26 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, the party who 27 asked for summary judgment is entitled to judgment as a matter of law, which will end your case. When a party that is suing makes a motion for summary 28 judgment that is properly supported by declarations (or other sworn testimony), you cannot simply rely on your previous answer or motions. Instead, you must set out specific facts in declarations, depositions, answers to interrogatories, or 2 authenticated documents, as provided in Rule 56(e). The evidence in those documents must contradict the facts shown in the plaintiff’s declarations and 3 documents and show that there is a genuine issue of material fact for trial. If you 4 do not submit your own evidence in opposition, summary judgment may be entered against you. If summary judgment is granted in favor of the plaintiff, 5 judgement will be entered against you and the case will be closed. 6 See Rand, 154 F.3d at 962-63. 7 The Court advises the defendants named in the motion for summary judgment that the 8 District Court has produced a guide for self-represented/pro se litigants called Representing Yoursel 9 in Federal Court: A Handbook for Pro Se Litigants, which provides instructions on how to proceed 10 at every stage of a case, including discovery, motions, and trial. It is available electronically online 11 (http://cand.uscourts. gov/prosehandbook) or in hard copy, free of charge, from the Clerk’s Office. 12 The Court also advises defendants that assistance is available through the Legal Help Center 13 & Parties can make an appointment to speak with an attorney who can provide basic legal information 14 and assistance. The Help Center does not see people on a “drop-in” basis, and will not be able to 2 15 A represent parties in their cases. There is no charge for this service. To make an appointment with 16 the Legal Help Center, you may: (1) sign up in person on the appointment book outside the Legal Zz. ig Help Center offices at the San Francisco Courthouse (15th Floor, Room 2796) or Oakland 19 Courthouse (Room 470S); (2) call 415-782-8982; or (3) email federalprobonoproject @ sfbar.org. 29 || The Help Center’s website is available at hitps://cand.uscourts. gov/legal-help. 1 The Court provides defendants one last opportunity to oppose the pending motion. An 22 || opposition shall be filed by October 16, 2023. 23 IT Is SO ORDERED. 24 || Date: September 20, 2023 29 VONNE GONZALEZ ROGERS 6 UNITED STATES DISTRICT COURT JUDGE 27 28