Waters v. Rhynard et al
ORDERED that the Motion for Leave to File a Motion for Summary Judgment (Doc. 22 ) is DENIED. Signed by Senior Judge David C Bury on 9/11/20. (MYE)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Coty Travis Waters,
J. Rhynard, et al.,
Defendants have moved to file a pre-answer Motion for Summary Judgment as to
Exhaustion. The Court has instead ordered the Defendant to answer or otherwise respond
to the Complaint. (Order (Doc. 13)). Subsequently, the Defendant shall be afforded an
opportunity to file a Motion for Summary Judgment related to the issue of exhaustion prior
to completing discovery. See Albino v. Baca, 747 F.3d 1162, 1171 (9th Cir. 2014)
(comparing and contrasting unenumerated 12b motions and summary judgment disposition
of exhaustion question and directing courts to dispose of exhaustion issues by summary
judgment, with court resolving related questions of fact early in litigation).
IT IS ORDERED that the Motion for Leave to File a Motion for Summary Judgment
(Doc. 22) is DENIED.
Dated this 11th day of September, 2020.
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