Partners for Health & Home, L.P. v. Seung Wee Yang

UNDISPUTED FACTS AND CONCLUSIONS OF LAW

This matter came before the Court on March 12, 2012 on the motion of Plaintiff for summary judgment. Plaintiff appeared through its attorney Joel D. Voelzke. Defendant Seung Wee Yang appeared pro se, assisted by a Korean language interpreter he had brought with him. The Court heard argument and took the matter under submission.

The motion was duly noticed and, out of an abundance of caution, and consistent with Rand v. Rowland, 154 F.3d 952, 960 (9th Cir.1998), the Court formally gave Defendant Yang notice of his obligations in responding to a summary judgment motion. Nevertheless — and despite the fact that this is the third motion for summary judgment in this case — Defendant Yang did not submit any declarations on matters of substance in response to the motion. He did state that he did not have enough time, but he did not submit a declaration in accordance with Fed. R. Civ. P. 56(d), and the notion that he did not have enough time is unconvincing. The Court on its own continued the hearing on the motion from its originally-noticed date of February 27, 2012. The motion itself originally was filed on January 20, 2012, and it is clear that…