Torfason v. California Forensic Medical Group

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
United States District Court
Northern District of California
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
JAMES PAUL ANDREW TORFASON,
Plaintiff,
v.
WELLPATH,
Defendant.
Case No. 22-cv-03458-JSW
ORDER DISCHARGING ORDER TO
SHOW CAUSE; SCHEDULING
ANSWER AND DISPOSITIVE
MOTIONS
Good cause appearing and in light of Defendant’s appearance, the Order to Show Cause is
DISCHARGED. To expedite the resolution of this case that has been pending for a substantial
period of time, the Court orders as follows:
1. 	The Defendants shall file an answer on or before February 10, 2026.
2. No later than April 22, 2026, Defendant shall file a motion for summary judgment or
other dispositive motion. If Defendants is of the opinion that this case cannot be resolved by
summary judgment, it shall so inform the court prior to the date the summary judgment motion is
due. All papers filed with the court shall be promptly served on the plaintiff.
Plaintiff's opposition to the dispositive motion, if any, shall be filed with the court and
served upon defendants no later than May 20, 2026. Plaintiff must read the attached page headed
“NOTICE -- WARNING,” which is provided to him pursuant to Rand v. Rowland, 154 F.3d 952,
953-954 (9th Cir. 1998) (en banc), and Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir.
1988).
Defendant shall file a reply brief no later than June 3, 2026.
The motion shall be deemed submitted as of the date the reply brief is due. No hearing
will be held on the motion unless the court so orders at a later date.
Along with his motion, defendant shall file proof that it served plaintiff the Rand warning
Case 4:22-cv-03458-JSW Document 35 Filed 01/22/26 Page 1 of 3

2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
United States District Court
Northern District of California
at the same time they served him with their motion. Failure to do so will result in the summary
dismissal of their motion.
3. All communications by the plaintiff with the court must be served on defendants, or
defendants’ counsel once counsel has been designated, by mailing a true copy of the document to
defendants or their counsel.
4. Discovery may be taken in accordance with the Federal Rules of Civil Procedure. No
further court order under Federal Rule of Civil Procedure 30(a)(2) or Local Rule 16-1 is required
before the parties may conduct discovery.
5. It is the plaintiff's responsibility to prosecute this case. Plaintiff must keep the court
informed of any change of address and must comply with the court's orders in a timely fashion.
Failure to do so may result in the dismissal of this action for failure to prosecute pursuant to
Federal Rule of Civil Procedure 41(b).
6. As this case was filed more than three years ago and extensive delays have been
occasioned due to unusual circumstances, the Court will only extend the above deadlines upon a
showing of extraordinary circumstances. Any request for an extension of time must be filed
before the deadline sought to be extended.
IT IS SO ORDERED.
Dated: January 22, 2026
JEFFREY S. WHITE
United States District Judge
Case 4:22-cv-03458-JSW Document 35 Filed 01/22/26 Page 2 of 3

3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
United States District Court
Northern District of California
NOTICE -- WARNING (SUMMARY JUDGMENT)
If Defendants move for summary judgment, they are seeking to have your case dismissed.
A motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure will, if
granted, end your case.
Rule 56 tells you what you must do in order to oppose a motion for summary judgment.
Generally, summary judgment must be granted when there is no genuine issue of material fact--
that is, if there is no real dispute about any fact that would affect the result of your case, the party
who asked for summary judgment is entitled to judgment as a matter of law, which will end your
case. When a party you are suing makes a motion for summary judgment that is properly
supported by declarations (or other sworn testimony), you cannot simply rely on what your
complaint says. Instead, you must set out specific facts in declarations, depositions, answers to
interrogatories, or authenticated documents, as provided in Rule 56(e), that contradict the facts
shown in Defendant's 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 granted, your case will be
dismissed and there will be no trial.
Case 4:22-cv-03458-JSW Document 35 Filed 01/22/26 Page 3 of 3