Torres v. Gutierrez et al

Filing 23

ORDER Granting Defendants' 22 Ex Parte Request for Leave to File Pre-Answer Motion for Summary Judgment signed by Magistrate Judge Dennis L. Beck on 11/30/2015. (Flores, E)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GUSTAVO TORRES,
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v.
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Case No. 1:15-cv-00575-DLB (PC)
Plaintiff, ORDER GRANTING DEFENDANTS’ EX
PARTE REQUEST FOR LEAVE TO
FILE PRE-ANSWER MOTION FOR
SUMMARY JUDGMENT

G. ARELLANO, et al.,

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(Document 22)
Defendants.

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Defendants G. Arellano and R. Montanez (“Defendants”) have filed an ex parte Application

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for leave to file a pre-answer motion for summary judgment based on failure to exhaust

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administrative remedies and for an extension of time in which to file their response to the

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Complaint until after adjudication of their motion for summary judgment. Having considered the

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Application, the Court finds good cause to GRANT the request.

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Accordingly, IT IS HEREBY ORDERED THAT:

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1.

Within forty-five days of the date of this Order, Defendants shall file and serve a

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motion for summary judgment exclusively on the issue of whether Plaintiff Gustavo Torres

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(“Plaintiff”) exhausted his administrative remedies as required by the Prison Litigation Reform

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Act, 42 U.S.C. § 1997e(a) (hereinafter, “exhaustion motion for summary judgment”);

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Order (1:15-cv-00575-DLB (PC))

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2.

Defendants’ exhaustion motion for summary judgment shall not preclude Defendants

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or Plaintiff from filing a motion for summary judgment on the merits of Plaintiff’s claims should

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the case proceed after adjudication of the exhaustion motion for summary judgment; and

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3.

If Defendants’ exhaustion motion for summary judgment is denied in whole or in

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part, Defendants shall respond to any remaining claims—in the form of an answer or a motion to

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dismiss under Federal Rule of Civil Procedure 12—within fourteen days after the Court issues an

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order ruling on the exhaustion motion for summary judgment.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

November 30, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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Order (1:15-cv-00575-DLB (PC))