Opinion
ORDER
ALLISON CLAIRE, Magistrate Judge.
Defendants move to extend the November 20, 2015 dispositive motion deadline in this case. Defendants seek adequate time to file a dispositive motion on the merits of plaintiff's claims after the court rules on their pending motion for summary judgment premised on plaintiff's alleged failure to exhaust his administrative remedies; defendants' exhaustion motion was filed on behalf of five of the six defendants.
The court declines to vacate the current dispositive motion deadline at this time. However, the court will set a new dispositive motion deadline after it has reached a decision on defendants' exhaustion motion. For this reason, the court will also deny without prejudice plaintiff's pending motion on the merits of his claims; plaintiff may re-file his motion after the court has resolved defendants' exhaustion motion and set a new dispositive motion deadline.
Accordingly, IT IS HEREBY ORDERED that:
1. Defendants' motion to modify the scheduling order, ECF No. 48, is denied without prejudice; the court will set a new dispositive motion deadline after resolution of defendants' pending motion for summary judgment premised on plaintiff's alleged failure to exhaust his administrative remedies; and
2. Plaintiff's motion for summary judgment on the merits of his claims, ECF No. 45, is denied without prejudice to the re-filing of his motion following the court's resolution of defendants' exhaustion motion and the setting of a new dispositive motion deadline.