WILLIAM C. SHERRILL, JR., United States Magistrate Judge.
On September 16, 2002, an order was issued that directed Plaintiff to provide notification to the Court that he had received the response concerning his written deposition questions to inmate Scott Munro. Doc. 63. That notice was due to be filed by October 29, 2002, although nothing has been received from Plaintiff as of this date. Id.
It was previously assumed that this discovery period would be closed by October. Id. Without notice of any problems since that last court order, the Court proceeds on the assumption that discovery is now complete and Plaintiff can adequately formulate his response to the summary judgment motion that has been pending since March. The parties were previously advised that Defendant's special report, doc. 17, was construed as a motion for summary judgment. Doc. 33. As a courtesy to Plaintiff, he will once again be reminded of his obligation to respond to the summary judgment motion with Rule 56 evidence.
Plaintiff is advised that in opposing the, motion he is the nonmoving party, and as Plaintiff he bears the burden of proof. In this situation, Defendant need not negate Plaintiff's claim. Rather, the burden on Defendant is to demonstrate an absence of evidence to support the plaintiff's case. Celotex Corporation v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2554, 91 L.Ed.2d 265 (1986). In opposition, Plaintiff must come forward with evidentiary material demonstrating a genuine issue of fact for trial. Reliance on the pleadings is inadequate. 106 S.Ct. 2553. Evidentiary material which would be acceptable in opposition to the motion includes sworn affidavits, sworn documents, or other evidence indicating the existence of a genuine issue of material fact. Fed.R.Civ.P. 56(e). Sworn affidavits offered in opposition to the motion must be based on personal knowledge, set forth such facts as would be admissible into evidence, and affirmatively show that the affiant is competent to testify to the matters stated therein. Fed.R.Civ.P. 56(e).
The parties are hereby notified that the Court will take the motion for summary judgment under advisement on December 20, 2002. The file will be referred to the undersigned on that date, and delay in entry of a report and recommendation after that date will be due to the need to adjudicate motions in other cases which have become ready for adjudication earlier than this case.
Plaintiff should file affidavits or other material in opposition to summary judgment before that date. If additional time is needed, he must file a motion for extension of time (describing why the time is needed and how much time is necessary) before the date on which the motion will be taken under advisement. Defendant need not file any further materials if he wishes to rely upon the special report and materials submitted therewith, but is permitted to do so by the deadline stated above.
Accordingly, it is ORDERED:
1. The parties are advised that the motion for summary judgment will be taken under advisement on December 20, 2002, and a report and recommendation will be entered on or after that date. They must submit any additional material in support of or opposition to summary judgment before that date.
2. Plaintiff shall filed a notice to the Court no later than November 25, 2002, advising that he received a response to his written deposition questions from inmate Munro.
3. The Clerk of Court is directed to return this file to the undersigned on November 25, 2002.
DONE AND ORDERED.