Parrish v. Solis et al

Filing 155

ORDER RESPONDING TO PARTIES' NOTICE OF NINTH CIRCUIT LAW. Signed by Judge Lucy Koh on 4/23/2014. (lhklc2S, COURT STAFF) (Filed on 4/23/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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KAHEAL PARRISH,
Plaintiff,

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v.

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A. SOLIS, et al.,

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Defendants.

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Case No.: 11-CV-01438-LHK
ORDER RESPONDING TO PARTIES’
NOTICE OF NINTH CIRCUIT LAW

The Court has reviewed both parties’ notices regarding Albino v. Baca, 10-55702, 2014 WL
1317141 (9th Cir. Apr. 3, 2014). In light of that case, the Court intends to deny without prejudice
Defendants’ motion to dismiss based on Plaintiff’s alleged failure to exhaust administrative
remedies. ECF No. 111. Defendants may re-raise their non-exhaustion defense in their summary
judgment motion to be filed by August 21, 2014. The Court will rule on the remaining issues raised
in Defendants’ pending motion to dismiss, set for hearing on May 15, 2014.
IT IS SO ORDERED.
Dated: April 23, 2014

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LUCY H. KOH
United States District Judge

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Case No.: 11-CV-01438-LHK
ORDER RESPONDING TO PARTIES’ NOTICE OF NINTH CIRCUIT LAW