Simmons v. Avila

Background

The parties’ attempts to resolve the matter through global settlement proceedings were unsuccessful. Under an earlier order dated August 4, 2023, the action had been administratively closed. The court therefore reopened the action and set a new schedule for further proceedings.

Briefing schedule

The defendants must file a motion for summary judgment or another dispositive motion no later than 60 days from the date of the order. A dispositive motion is one that could resolve the case or part of it. The court required the motion to include adequate factual documentation and all records and incident reports stemming from the events at issue. A summary-judgment motion must comply with Federal Rule of Civil Procedure 56 and include a notice explaining what Simmons must do to oppose it. A motion based on failure to exhaust available administrative remedies must include a similar notice.

The order states that, in the rare situation where failure to exhaust is clear from the complaint itself, defendants may seek dismissal under Rule 12(b)(6), the rule for failure to state a legally sufficient claim. Otherwise, defendants must present evidence in a summary-judgment motion under Rule 56. If material facts about exhaustion are disputed, the judge—not a jury—will decide those facts in a preliminary proceeding.

Simmons must file and serve his opposition no later than 28 days after the defendants file their motion. The defendants must file a reply no later than 14 days after Simmons files his opposition. No hearing will be held unless the court later orders one. The order also warns that properly supported summary judgment could end the case without a trial. It separately explains that a dismissal for clear failure to exhaust under Rule 12(b)(6) would end the case without prejudice, but that specific outcome was not entered in this order.

Discovery and other requirements

Discovery may proceed under the Federal Rules of Civil Procedure. The court granted the defendants permission under Rule 30(a)(2) to depose Simmons and any other necessary witnesses confined in prison.

Simmons must serve copies of his communications with the court on defense counsel. The order states that it is the plaintiff’s responsibility to prosecute the case, keep the court informed of any address change, and comply with court orders. It also describes the possible dismissal without prejudice of a complaint when court mail is returned as undeliverable and the plaintiff does not provide a current address within 60 days. Any request to extend a deadline must be made at least seven days before the deadline through an appropriate motion or stipulation complying with the local rules.

Ruling

Judge Araceli Martinez-Olguin ordered the clerk to reopen the administratively closed action and established the briefing and discovery procedures described above. The order did not decide the parties’ underlying claims or rule on a dispositive motion.