Millen
Millen v. Morris
Opinion
Trial Court Opinion
facts shown in the defendants' declarations and documents and show that there is a genuine issue of material fact for trial. If you do not submit your own evidence in opposition, summary judgment, if appropriate, may be entered against you. If summary judgment is 17 granted, your case will be dismissed and there will be no trial. Rand v. Rowland, 154 F.3d 952, 962-63 (9th Cir. 1998). If a defendant files a motion for summary judgment for failure to exhaust administrative remedies, 19 he is seeking to have the case dismissed. As with other defense summary judgment motions, if a 20 motion for summary judgment for failure to exhaust administrative remedies is granted, the 21 plaintiff's case will be dismissed and there will be no trial. 22 4. All communications by plaintiff with the court must be served on a defendant's 23 counsel by mailing a true copy of the document to defendant's counsel. The court may disregard 24 any document which a party files but fails to send a copy of to his opponent. Until a defendant's 25 counsel has been designated, plaintiff may mail a true copy of the document directly to defendant, 26 but once…