Waters v. Rhynard et al

Filing 25

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)

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1 WO 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE DISTRICT OF ARIZONA 6 7 Coty Travis Waters, Plaintiff, 8 9 10 11 No. CV-20-00125-TUC-DCB ORDER v. J. Rhynard, et al., Defendants. 12 13 Defendants have moved to file a pre-answer Motion for Summary Judgment as to 14 Exhaustion. The Court has instead ordered the Defendant to answer or otherwise respond 15 to the Complaint. (Order (Doc. 13)). Subsequently, the Defendant shall be afforded an 16 opportunity to file a Motion for Summary Judgment related to the issue of exhaustion prior 17 to completing discovery. See Albino v. Baca, 747 F.3d 1162, 1171 (9th Cir. 2014) 18 (comparing and contrasting unenumerated 12b motions and summary judgment disposition 19 of exhaustion question and directing courts to dispose of exhaustion issues by summary 20 judgment, with court resolving related questions of fact early in litigation). 21 22 23 24 25 26 27 28 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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