Aaron D. Seymour v. DOE 1, et al.

[7] 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA [10] 11 AARON D. SEYMOUR, Case No.: 1:22-cv-01146-SKO 12 Plaintiff, SECOND INFORMATIONAL ORDER— NOTICE AND WARNING OF 13 v. REQUIREMENTS FOR OPPOSING DEFENDANT’S SUMMARY JUDGMENT 14 DOE 1, et al., MOTION 15 Defendants. (Doc. 40) 16 TWENTY-ONE (21) DAY DEADLINE [18] Plaintiff Aaron D. Seymour is appearing pro se and in forma pauperis in this civil rights [19] action. [20] I. RELEVANT BACKGROUND [21] On September 2, 2025, Defendant Medina filed a Motion for Summary Judgment [22] addressing the merits of Plaintiff’s claim. (Doc. 40.) Although more than 21 days have passed, [23] Plaintiff has not filed an opposition or statement of non-opposition to the summary judgment [24] motion. See Local Rule 230(l). [25] On October 6, 2025, this matter was reassigned from Magistrate Judge Gary S. Austin to [26] the undersigned for all further proceedings. (Doc. 41.) [27] On October 7, 2025, Defendant filed a Notice of Plaintiff’s Failure to Oppose Defendant’s 1 with Prejudice. (Doc. 42.) 2 A review of the docket for this action after the recent reassignment reveals Plaintiff did 3 not receive the required Rand warning. 4 II. DISCUSSION 5 Although Defendant’s notice accompanying the pending motion references “the Rand 6 notice” (Doc. 40 at 2), such a notice was not included.1 Because Defendant’s motion is not 7 accompanied by a Rand warning, pursuant to Woods v. Carey, 684 F.3d 934 (9th Cir. 2012), 8 Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998), and Klingele v. Eikenberry, 849 F.2d 409 (9th 9 Cir. 1988), the Court hereby notifies Plaintiff of the following rights and requirements for 10 opposing the motion: 11 1. Unless otherwise ordered, all motions for summary judgment are briefed pursuant 12 to Local Rule 230(l). 13 2. Plaintiff is required to file an opposition or a statement of non-opposition to 14 Defendant’s motion for summary judgment. Local Rule 230(l). If Plaintiff fails to file an 15 opposition or a statement of non-opposition to the motion, this action may be dismissed, with 16 prejudice, for failure to prosecute. The opposition or statement of non-opposition must be filed 17 not more than 21 days after the date of service of the motion. Id. 18 3. A motion for summary judgment is a request for judgment on some or all of 19 Plaintiff’s claims in favor of Defendant without trial. Fed. R. Civ. P. 56(a). Defendant’s motion 20 sets forth the facts which Defendant contends are not reasonably subject to dispute and that entitle 21 Defendant to judgment as a matter of law. Fed. R. Civ. P. 56(c). This is called the Statement of 22 Undisputed Facts. Local Rule 260(a). 23 4. Plaintiff has the right to oppose a motion for summary judgment. To oppose the 24 motion, Plaintiff must show proof of his claims. Plaintiff may agree with the facts set forth in 25 Defendant’s motion but argue that Defendant is not entitled to judgment as a matter of law. 26 5. In the alternative, if Plaintiff does not agree with the facts set forth in Defendant’s [27] 1 Nor does the accompanying Certificate of Service indicate Plaintiff was served with a Rand warning. (See Doc. 40 at 15.) 1 motion, he may show that Defendant’s’ facts are disputed in one or more of the following ways: 2 (1) Plaintiff may rely upon statements made under the penalty of perjury in the complaint or the 3 opposition if (a) the complaint or opposition shows that Plaintiff has personal knowledge of the 4 matters stated and (b) Plaintiff calls to the Court’s attention those parts of the complaint or 5 opposition upon which Plaintiff relies; (2) Plaintiff may serve and file declarations setting forth 6 the facts which Plaintiff believes prove his claims; (3) Plaintiff may rely upon written records but 7 Plaintiff must prove that the records are what he claims they are; or (4) Plaintiff may rely upon all 8 or any part of the transcript of one or more depositions, answers to interrogatories, or admissions 9 obtained in this proceeding. Should Plaintiff fail to contradict Defendant’s motion with 10 declarations or other evidence, Defendant’s evidence will be taken as truth, and final judgment 11 may be entered without a full trial. Fed. R. Civ. P. 56(e). 12 6. In opposing Defendant’s motion for summary judgment, Local Rule 260(b) 13 requires Plaintiff to reproduce Defendant’s itemized facts in the Statement of Undisputed Facts 14 and admit those facts which are undisputed and deny those which are disputed. If Plaintiff 15 disputes (denies) a fact, Plaintiff must cite to the evidence used to support that denial (e.g., 16 pleading, declaration, deposition, interrogatory answer, admission, or other document). Local 17 Rule 260(b). 18 7. If discovery has not yet been opened or if discovery is still open and Plaintiff is 19 not yet able to present facts to justify the opposition to the motion, the Court will consider a 20 request to postpone consideration of Defendant’s motion. Fed. R. Civ. P. 56(d). Any request to 21 postpone consideration of Defendant’s motion for summary judgment must include the following: 22 (1) a declaration setting forth the specific facts Plaintiff hopes to elicit from further discovery, (2) 23 a showing that the facts exist, and (3) a showing that the facts are essential to opposing the motion 24 for summary judgment. Blough v. Holland Realty, Inc., 574 F.3d 1084 , 1091 n.5 (9th Cir. 2009); 25 Tatum v. City & Cnty. of San Francisco, 441 F.3d 1090 , 1100-01 (9th Cir. 2006); California v. 26 Campbell, 138 F.3d 772 , 779 (9th Cir. 1998). The request to postpone the motion for summary 27 judgment must identify what information is sought and how it would preclude summary 1 F.3d 850, 853 (9th Cir. 1998); Local Rule 260(b). 2 8. Unsigned declarations will be stricken, and declarations not signed under penalty 3 of perjury have no evidentiary value. 4 9. The failure of any party to comply with this order, the Federal Rules of Civil 5 Procedure, or the Local Rules of the Eastern District of California may result in the imposition of 6 sanctions including but not limited to dismissal of the action or entry of default. 7 III. DEADLINE TO FILE OPPOSITION 8 Considering Plaintiff’s pro se status and Defendant’s failure to properly file and/or serve a 9 Rand warning with the motion for summary judgment, the Court will extend the deadline for 10 Plaintiff to file any opposition to Defendant’s motion for summary judgment. 11 IV. CONCLUSION AND ORDER 12 Accordingly, the Court HEREBY ORDERS: 13 1. Within twenty-one (21) days from the date of service of this order, Plaintiff SHALL 14 file an opposition or statement of non-opposition to Defendant’s motion for summary 15 judgment, in compliance with Rule 56 of the Federal Rules of Civil Procedure and 16 Local Rule 260; and 17 2. Plaintiff is advised that any request for an extension of time of the deadline for 18 complying with this order must be filed on or before the 21-day deadline expires and 19 must be supported by good cause. 20 WARNING: Plaintiff is advised that a failure to comply with this order may result in 21 the dismissal of this action. [22] IT IS SO ORDERED. [23] 24 Dated: October 10, 2025 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE