Garrett Day LLC et al v. International Paper Company et al

Filing 343

DECISION AND ENTRY SUSTAINING PLAINTIFFS' MOTION FOR RECONSIDERATION (DOC. # 342 ); VACATING JUNE 30, 2021, NOTATION ORDER; REINSTATING DEFENDANT'S MOTION FOR LEAVE TO FILE SURREPLY (DOC. # 339 ) AS A PENDING MOTION; PLAINTIFFS MAY FILE SUP PLEMENTAL MEMORANDUM WITHIN 14 DAYS OF THE DATE OF THIS DECISION AND ENTRY; DEFENDANT MAY FILE REPLY WITHIN 14 DAYS THEREAFTER. Signed by Judge Walter H. Rice on 7/28/2021. (bjr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

Case: 3:15-cv-00036-WHR-SLO Doc #: 343 Filed: 07/29/21 Page: 1 of 2 PAGEID #: 14084

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
GARRETT DAY, LLC, et al.,
Plaintiffs,
V.

INTERNATIONAL PAPER CO.,

Case No. 3: 15-cv-36
JUDGE WALTER H. RICE

Defendant.

DECISION AND ENTRY SUSTAINING PLAINTIFFS' MOTION FOR
RECONSIDERATION (DOC. #342); VACATING JUNE 30, 2021,
NOTATION ORDER; REINSTATING DEFENDANT'S MOTION FOR
LEAVE TO FILE SURREPL Y (DOC. #339) AS A PENDING MOTION;
PLAINTIFFS MAY FILE SUPPLEMENTAL MEMORANDUM WITHIN
14 DAYS OF THE DATE OF THIS DECISION AND ENTRY;
DEFENDANT MAY FILE REPLY WITHIN 14 DAYS THEREAFTER

On June 28, 2021, Defendant International Paper Co. filed a Motion for
Leave to File Surreply in Opposition to Plaintiffs' Motion for Summary Judgment,
Doc. #339. On June 30, 2021, the Court entered a Notation Order sustaining that
motion, and Defendant filed its Surreply, Doc. #340.
This matter is currently before the Court on Plaintiffs' Motion for
Reconsideration or, in the Alternative, Motion to Strike the Surreply, Doc. #342.
They correctly note that the Court sustained the motion before Plaintiffs had the
opportunity to respond. They further argue that Defendant failed to establish
good cause to justify granting leave to file a surreply. During a conference call

Case: 3:15-cv-00036-WHR-SLO Doc #: 343 Filed: 07/29/21 Page: 2 of 2 PAGEID #: 14085

held on July 27, 2021, counsel for Defendant indicated that he did not intend to
file a memorandum in opposition.
In the interest of fairness, the Court SUSTAINS Plaintiffs' Motion for
Reconsideration, Doc. #342. The Court VACATES the June 30, 2021, Notation
Order, and REINSTATES Defendant's Motion for Leave to File Surreply, Doc. #339,
as a pending motion.
To the extent that Plaintiffs wish to make any additional arguments not
already made in the Motion for Reconsideration, Doc. #342, they may file a

supplemental memorandum within 14 days of the date of this Decision and Entry.
If Plaintiffs intend to rely on the arguments already asserted, they shall file a
Notice to that effect within the same time period. Defendant may file a reply brief
within 14 days thereafter.

Date: July 28, 2021
WALTER H. RICE
UNITED STATES DISTRICT JUDGE

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