Jacobo v. Hernandez

District Court, S.D. California · 3:21-cv-01113 · 2021-09-22 · Unknown

Proceeding: district
Area: civil
Panel: Andrew G. Schopler (author)

Analysis

A model's reading — qwen3.8-27b, prompt own-v1, 2026-10-13T22:50Z · confidence high

The court ordered the parties in a prisoner civil rights case to file a Joint Discovery Plan by October 13, 2021. The order required the plan to include a schedule for adjudicating the defendants' failure to exhaust administrative remedies argument before general discovery proceeds.

What the court decided	The model
Order requiring parties to file a Joint Discovery Plan by October 13, 2021, including a schedule to adjudicate the failure to exhaust issue prior to general discovery. “By October 13, 2021, the parties must provide the Court with a Joint Discovery Plan (“the Plan”). ... Because defendants raised the issue of failure to exhaust, the Plan should offer a brief schedule to adjudicate that issue before moving on to general discovery.”	agree with court The court correctly applied the principle that exhaustion of administrative remedies is a threshold issue in prisoner litigation that should be resolved before merits discovery to avoid unnecessary litigation costs. The order cites the appropriate Ninth Circuit authority for this proposition. The directive is a standard case management order consistent with Federal Rule of Civil Procedure 26(f).

What the court decided

The model

Order requiring parties to file a Joint Discovery Plan by October 13, 2021, including a schedule to adjudicate the failure to exhaust issue prior to general discovery.

“By October 13, 2021, the parties must provide the Court with a Joint Discovery Plan (“the Plan”). ... Because defendants raised the issue of failure to exhaust, the Plan should offer a brief schedule to adjudicate that issue before moving on to general discovery.”

agree with court
The court correctly applied the principle that exhaustion of administrative remedies is a threshold issue in prisoner litigation that should be resolved before merits discovery to avoid unnecessary litigation costs. The order cites the appropriate Ninth Circuit authority for this proposition. The directive is a standard case management order consistent with Federal Rule of Civil Procedure 26(f).

The order itself: sound — The order is a standard case management directive. It correctly identifies the threshold nature of the exhaustion defense in prisoner cases and cites binding Ninth Circuit precedent (Albino v. Baca) to support the sequencing of discovery. The reasoning is concise but sufficient for a scheduling order.

How this analysis was made · dispute it

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 Luis JACOBO, Case No.: 21-cv-1113-JLS-AGS 12 Plaintiff, ORDER REQUIRING JOINT DISCOVERY PLAN 13 v. 14 Rogelio HERNANDEZ, Nicholas Uhde, Christian Ayala, 15 Defendants. 16 17 By October 13, 2021, the parties must provide the Court with a Joint Discovery Plan 18 (“the Plan”). The Plan must be filed on the CM/ECF system and lodged with Magistrate 19 Judge Schopler by emailing it to efile_Schopler@casd.uscourts.gov. Because defendants 20 raised the issue of failure to exhaust, the Plan should offer a brief schedule to adjudicate 21 that issue before moving on to general discovery. See Albino v. Baca, 747 F.3d 1162, 1170 22 (9th Cir. 2014) (“Exhaustion should be decided, if feasible, before reaching the merits of a 23 prisoner’s claim.”). The Plan must identify if good cause exists to modify the Court’s 24 tentative schedule of deadlines, which is as follows: 25 28 !

Disclosures '° il 12 1 . Dated: September 22, 2021 Hon. Andrew G. Schopler 22 United States Magistrate Judge 23 24 25 26 27 28