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N.D. Cal.Procedural orderFiled Sept. 20, 2023

Marani v. Cramer

Judge
Yvonne Rogers
Docket
4:19-cv-05538
Court
U.S. District Court · Northern District of California
Pages
2
Civil ProcedureSummary JudgmentPro Se
In one sentence

In Marani v. Cramer, Judge Rogers notified unrepresented defendants how to oppose Marani’s pending summary-judgment motion and set an October 16, 2023 deadline.

Who this affects

Kevin Marani and the unrepresented defendants named in his motion for summary judgment: Michael Cramer, Florence Cramer, Mark Cramer, and Scott Cramer.

What happened

In Marani v. Cramer, Kevin Marani moved for summary judgment against Michael Cramer, Florence Cramer, Mark Cramer, and Scott Cramer. The opinion does not say whether those defendants opposed the motion or whether the court decided it.

The court explained that summary judgment could end the case if there is no genuine dispute about facts that matter to the outcome. It told the unrepresented defendants that they could not rely only on earlier filings and instead needed to submit specific evidence contradicting Marani’s evidence and showing a real factual dispute.

Judge Vonne Gonzalez Rogers gave the defendants one final opportunity to oppose the motion and ordered that any opposition be filed by October 16, 2023. The order also identified a handbook and free Legal Help Center assistance, but it did not grant or deny the summary-judgment motion.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Marani v. Cramer · No. 4:19-cv-05538
Judge
Yvonne Rogers
Date
Sept. 20, 2023

Background

Kevin Marani filed a motion for summary judgment against Michael Cramer, Florence Cramer, Mark Cramer, and Scott Cramer. The order concerns the defendants identified in Marani’s motion as unrepresented parties. The opinion does not describe the underlying claims.

Notice about summary judgment

The court issued a notice required by Ninth Circuit authority for self-represented parties responding to a summary-judgment motion. Summary judgment is a procedure that can resolve a case without a trial when there is no genuine dispute about a fact that could affect the result and the moving party is entitled to judgment under the law.

The court warned the defendants that, if Marani’s motion were properly supported by sworn statements or other admissible evidence, they could not simply rely on their previous answers or motions. They needed to provide specific facts through declarations, depositions, answers to interrogatories, or authenticated documents. Those materials needed to contradict the facts in Marani’s evidence and show a genuine dispute requiring a trial. The court stated that failure to submit opposing evidence could result in summary judgment against them and closure of the case.

Order

The court advised the defendants about a handbook for self-represented litigants and free basic legal information available through the Legal Help Center. It gave them one final opportunity to oppose the pending motion and ordered that any opposition be filed by October 16, 2023.

The order did not decide Marani’s motion for summary judgment. It did not grant or deny summary judgment, and it did not state a final result on the underlying claims.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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