Anderson v Hernandez, et al.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
JEFFERY L. ANDERSON, 	)
)
Plaintiff, 	)
v. 	) 	Case No. 1:23-cv-00201-SNLJ
)
JOSEPH T. HERNANDEZ, et al., 	)
)
Defendants. 	)
MEMORANDUM AND ORDER
This matter is before the Court on defendants’ Motion for Leave to Extend Case
Management Order Deadlines. [Doc. 73]. Discovery closed on May 5, 2025, and
defendants filed a motion for summary judgment on that date. [Docs. 47, 57]. The Court
denied the motion on the issue of exhaustion of administrative remedies and deferred
ruling on the issue of qualified immunity. [Doc. 65]. An evidentiary hearing is
scheduled for March 17, 2026 to address the issue of exhaustion. [Doc. 70]. 	Defendants
propose an amendment to the case management order that would facilitate the following:
(1) waiver of the affirmative defense of failure to exhaust administrative remedies,
enabling the Court to cancel the exhaustion hearing and rule on the motion for
summary judgment on the issue of qualified immunity; and
(2) amendment of defendants’ Answer to reassert the failure to exhaust defense
and renew their summary judgment motion on that issue if the Court does not
grant the motion for summary judgment on qualified immunity.
The Court finds no good cause for the requested amendment.
Accordingly,
IT IS HEREBY ORDERED that the defendants’ Motion for Leave to Extend
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2
Case Management Order Deadlines [Doc. 73] is DENIED.
IT IS FURTHER ORDERED that defendants may waive the affirmative defense
of exhaustion of administrative remedies at any time. However, once such waiver is
exercised, they shall be precluded from reasserting that affirmative defense.
SO ORDERED this 26th day of February, 2026.
STEPHEN N. LIMBAUGH, JR.
SENIOR UNITED STATES DISTRICT JUDGE
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