Cody v. Beard et al

Filing 32

ORDER Regarding Plaintiff's Response to Defendants' Motion to Modify Scheduling Order, signed by Magistrate Judge Barbara A. McAuliffe on 4/20/16. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JONATHAN CODY,

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Plaintiff,
v.
JEFFREY BEARD, et al.,

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Defendants.

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Case No.: 1:14-cv-01239-DAD-BAM (PC)
ORDER REGARDING PLAINTIFF’S RESPONSE
TO DEFENDANTS’ MOTION TO MODIFY
SCHEDULING ORDER
(ECF No. 31)

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The Court has considered Plaintiff Jonathan Cody’s response objecting to Defendants’ motion

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to modify the scheduling order, (ECF No. 31), and overrules it. The Court’s discovery and scheduling

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order contemplates that a motion for summary judgment for failure to exhaust will be filed separately

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from other dispositive pre-trial motions. “Exhaustion should be decided, if feasible, before reaching

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the merits of a prisoner’s claim.” Albino v. Baca, 747 F.3d 1162, 1170 (9th Cir. 2014), cert. denied

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sub nom. Scott v. Albino, 135 S. Ct. 403, 190 L. Ed. 2d 307 (2014). Thus, it is proper for Defendants

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to bring a separate motion for summary judgment on the merits after the issue of exhaustion is

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determined.

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Second, to Plaintiff’s point that Defendants should be required to file a motion directed at the

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claim that is not affected by the pending motion regarding exhaustion of administrative remedies, the

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Court disagrees. As Plaintiff elsewhere admits, “piecemeal, partial, bit-by-bit” motions waste the

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resources of the Court and parties. Judicial economy is best served by allowing for the district judge to
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make a determination on exhaustion of administrative remedies, followed by one motion for summary

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judgment per party, as appropriate, addressing any and all surviving claims.

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For these reasons, the Court HEREBY OVERRULES Plaintiff’s objections to Defendants’

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motion to modify the scheduling order. The dispositive motion deadline is June 13, 2016. This

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deadline applies to all parties. Any request for an extension of this deadline must be filed on or

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before the expiration of that deadline, and will only be granted on a showing of good cause.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 20, 2016

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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