In Jackson, the court subsequently granted defendants' motion for a bifurcated trial concerning their exhaustion defense, and, after holding a two-day trial, held that Plaintiff had exhausted all available administrative remedies. See Jackson v. Gandy, No. CIV. 09-1141, 2014 WL 4827407, at *1-8 (D.N.J. Sept. 29, 2014). In light of Small, the Court finds that an evidentiary hearing is more appropriate.
In Jackson, the Court subsequently granted Defendants' motion for a bifurcated trial concerning their exhaustion defense, and, after holding a two-day trial, held that Plaintiff had exhausted all available administrative remedies. See Jackson v. Gandy, No. CIV. 09-1141, 2014 WL 4827407, at *1-8 (D.N.J. Sept. 29, 2014). In light of Small, the Court has decided to follow the procedure utilized by the District Court in that case.