Dutcher #067784 v. Ryan

Filing 129

ORDER granting 118 Motion for Extension of Time Deadline, 124 Motion for Leave to File Motion for Summary Judgment on the Merits and 124 Joinder. However, the Clerk is directed to withdraw the Motion for Summary Judgment (Doc. 126 ) and Se parate Statement of Facts (Doc. 128 ) as the Court finds that they were lodged prematurely. The deadline for completing discovery is 10/2/2017 and for filing motions for summary judgment on the merits is 11/1/2017. Signed by Magistrate Judge Eileen S Willett on 7/25/17.(DXD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Robert William Dutcher,
Plaintiff,

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ORDER

v.

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No. CV-15-01079-PHX-ROS (ESW)

Charles L Ryan, et al.,

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Defendants.

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Pending before the Court are (i) Defendants Corizon Health, Inc. (“Corizon”),

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Nurse Shields, and Stowe’s “Joint Motion to Extend Dispositive Motion Deadline” (Doc.

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118) and (ii) Defendants Corizon and Shields “Motion for Leave to File Motion for

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Summary Judgment on the Merits” (Doc. 123), which Defendant Stowe has joined (Doc.

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124).

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In November 2016, Defendants Corizon and Stowe moved to stay their obligations

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to respond to Plaintiff’s Requests for Production of Documents pending disposition of the

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Motion to Dismiss (Doc. 69) and Motion for Summary Judgment (Doc. 71). (Docs. 70,

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73). The Court granted the request. (Doc. 93). In April 2017, upon Defendants’ Joint

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Motion (Doc. 110), the Court extended the dispositive motion deadline to July 7, 2017.

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(Doc. 111).

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On June 7, 2017, Defendants Corizon, Shields, and Stowe jointly requested (Doc.

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118) the Court to extend the dispositive motion deadline by sixty days from the date of

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any Court order that denies the Motion to Dismiss (Doc. 69) or the Motion for Summary

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Judgment (Doc. 71). On June 8, 2017, the Court denied Defendant Corizon’s Motion to

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Dismiss and Defendants Stowe and Shields’ Motion for Summary Judgment. (Docs. 119,

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120). In his Response (Doc. 121) opposing Defendants’ request to extend the dispositive

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deadline motion, Plaintiff states that “this Court’s bar to discovery pending the Court’s

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ruling on the now resolved procedural motions should now be ended.” (Doc. 121 at 3).

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In their Reply (Doc. 122), Defendants explain:
This is precisely what the Defendants contemplated when
they requested that the dispositive motion deadline be
extended for 60 days after the resolution of their then-pending
dispositive motions; i.e., the parties would have 60 days to
complete discovery before they would have an opportunity to
file dispositive motions directed to the merits of Dutcher’s
claims.

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(Doc. 122 at 2). However, in their “Motion for Leave to File Motion for Summary
Judgment on the Merits,” Defendants Corizon and Shields state that the “Corizon
Defendants believe that the undisputed evidence in this case supports disposition on the
merits and intend to set forth compelling arguments for the same in such a motion.”
(Doc. 123 at 2). Defendants Corizon and Shields have lodged their Motion for Summary
Judgment on the Merits (Docs. 126, 128). As Defendant Corizon has not previously filed
a motion for summary judgment, the Motion for Leave (Doc. 123) is unnecessary as to
Defendant Corizon. 1 Because Defendant Shields and Stowe’s Motion for Summary
Judgment rested solely on the issue of exhaustion of administrative remedies, the Court
will grant the Motion for Leave (Doc. 123) as to Defendants Shields and Stowe.
However, given that the Court stayed discovery in this matter and Plaintiff has asserted
that he has not obtained discovery necessary to oppose summary judgment on the merits,
the Court finds that Defendants Corizon and Shields’ Motion for Summary Judgment
(Doc. 126) and Separate Statement of Facts (Doc. 128) were lodged prematurely. The
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Defendant Corizon’s Motion to Dismiss (Doc. 69) was filed pursuant to Fed. R.
Civ. P. 12(b)(6) and asserted that Plaintiff’s claims against Corizon should be dismissed
as time-barred. The Court’s Scheduling Order (Doc. 54) does not require leave of court
before filing a motion for summary judgment following the denial of a motion to dismiss.
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Court will grant Defendants’ “Joint Motion to Extend Dispositive Motion Deadline”

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(Doc. 118). The deadline for completing discovery is October 2, 2017. The deadline for

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filing motions for summary judgment on the merits is November 1, 2017.

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Based on the foregoing,

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IT IS ORDERED granting Defendants Corizon, Nurse Shields, and Stowe’s

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“Joint Motion to Extend Dispositive Motion Deadline” (Doc. 118).

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IT IS FURTHER ORDERED granting Defendants Corizon and Shields “Motion

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for Leave to File Motion for Summary Judgment on the Merits” (Doc. 123) and

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Defendant Stowe’s Joinder (Doc. 124). However, the Clerk of Court is directed to

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withdraw the Motion for Summary Judgment (Doc. 126) and Separate Statement of Facts

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(Doc. 128) as the Court finds that they were lodged prematurely.

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IT IS FURTHER ORDERED that the deadline for completing discovery is

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October 2, 2017. The deadline for filing motions for summary judgment on the merits is

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November 1, 2017.

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Dated this 25th day of July, 2017.

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