Dahlstrom v. United States of America et al

Filing 74

ORDER denying as moot defendant Ronda Kaye's 61 Motion to Dismiss, signed by Judge Robert S. Lasnik. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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RAJU T. DAHLSTROM,

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Plaintiff,
Case No. C16-1874RSL
v.
UNITED STATES OF AMERICA, et al.,

ORDER DENYING DEFENDANT
METCALF’S MOTION TO
DISMISS AS MOOT

Defendants.

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This matter comes before the Court on the “Motion to Dismiss Party Ronda Kaye

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Metcalf.” Dkt. # 61. On March 28, 2018, plaintiff filed a Second Amended Complaint

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which substantively altered allegations against Metcalf, making clear that plaintiff is

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asserting claims against her in her individual capacity. Although the Court disagrees with

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plaintiff’s contention that the filing of an amended complaint automatically moots a

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pending motion to dismiss (Dkt. # 64 at 1-2), in the circumstances presented here, at least

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some of the issues raised in the motion were impacted by the amendment. Metcalf offered

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arguments in reply that appropriately addressed the new allegations of the Second

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Amended Complaint but to which plaintiff had not opportunity to respond. The motion to

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dismiss is therefore DENIED as moot.

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Plaintiff filed two responses to Metcalf’s motion. Multiple response memoranda

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are not authorized by the local civil rules of this district. In addition, plaintiff’s second,

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lengthier response violated LCR 10(e)(1). The twenty-three page memorandum is single-

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ORDER DENYING DEFENDANT METCALF’S
MOTION TO DISMISS AS MOOT - 1

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spaced in less than 12 point font. In addition, the number and length of footnotes was

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excessive, triggering the Court’s discretion under LCR 7(e)(6) to ignore the information

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contained therein. In the future, memoranda that so clearly violate the rules of this district

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will be stricken.

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Dated this 4th day of May, 2018.

A

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Robert S. Lasnik
United States District Judge

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ORDER DENYING DEFENDANT METCALF’S
MOTION TO DISMISS AS MOOT - 2