Donahue v. Red Robin International Inc et al

Filing 70

ORDER directing Red Robin to file a response to Mr. Donahue's Surreply (Dkt. No. 68 ) no later than Friday, April 27, 2018. Signed by Judge James L. Robart. (TH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DARREN DONAHUE,
Plaintiff,

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CASE NO. C17-0023JLR
ORDER

v.
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RED ROBIN INTERNATIONAL
INC., et al.,

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Defendants.

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On April 18, 2018, Plaintiff Darren Donahue filed a surreply to Defendants Harold
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Hart, Red Robin International Inc., and Red Robin Gourmet Burgers, Inc.’s (collectively,
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“Red Robin”) motion for summary judgment. (See Surreply (Dkt. # 68); MSJ (Dkt.
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# 29).) In the surreply, Mr. Donahue requests that the court strike two exhibits submitted
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with Red Robin’s reply. (Surreply at 1.) Mr. Donahue contends that Red Robin “failed
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to produce either of these documents in discovery although both were requested.” (Id.)
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Because the alleged failure to turn over these documents has unfairly prejudiced Mr.
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ORDER - 1

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Donahue, he asks the court not to consider either exhibit when ruling on Red Robin’s

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motion. (See id. at 2.)

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Under Local Civil Rule 7(g)(4), “[n]o response [to a surreply] shall be filed unless

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requested by the court.” Local Rules W.D. Wash. LCR 7(g)(4). The court ORDERS Red

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Robin to file a response to Mr. Donahue’s surreply no later than Friday, April 27, 2018,

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at 5:00 P.M. Red Robin shall limit its response to no more than three (3) pages and may

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only address Mr. Donahue’s contention that the two exhibits were requested but not

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turned over in discovery. (See Surreply at 1-2.) Mr. Donahue shall not file a response.

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Dated this 20th day of April, 2018.

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A

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JAMES L. ROBART
United States District Judge

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ORDER - 2