DOE 1 et al v. Michigan Department of Corrections et al

Filing 125

ORDER Directing Submission of Position Statements. Signed by District Judge Robert H. Cleland. (LWag)

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JOHN DOE 1, et al., Plaintiffs, Case No. 13-14356 v. MICHIGAN DEPARTMENT OF CORRECTIONS, et al., Defendants. / ORDER DIRECTING SUBMISSION OF POSITION STATEMENTS On August 12, 2014, the court issued an Order Allowing Targeted Discovery as to “whether Plaintiffs exhausted their administrative remedies under the PLRA and whether said remedies were actually available.” (Dkt. # 120.) A dispute arose about the scope of this discovery and the parties submitted Statements of Issues. The court directs the parties to provide position statements on Plaintiffs’ Issues 2, 3, 4, and 5a, as well as the question, “Under what circumstances is failure to exhaust excused?” Accordingly, IT IS ORDERED that Plaintiffs will file a position statement of no more than fifteen pages by November 14, 2014. Defendants will file a response of no more than fifteen pages by December 1, 2014. s/Robert H. Cleland ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE Dated: October 31, 2014 I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, October 31, 2014, by electronic and/or ordinary mail. s/Lisa Wagner Case Manager and Deputy Clerk (313) 234-5522 S:\Cleland\JUDGE'S DESK\C2 ORDERS\13-14356.DOE.OrderDirectingPositionStatements.ml.wpd

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