Irby v. State of Washington et al
Filing
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ORDER granting in part Defendant Guidry's 227 Motion to Strike, signed by Magistrate Judge J Richard Creatura. **2 PAGE(S), PRINT ALL**(Terrance Irby, Prisoner ID: 631794)(CMG)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
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TERRANCE JON IRBY,
Plaintiff,
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CASE NO. 3:15-CV-05208-RBL-JRC
ORDER GRANTING MOTION TO
STRIKE
v.
STATE OF WASHINGTON, et al.,
Defendants.
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This 42 U.S.C. § 1983 civil rights matter has been referred to the undersigned Magistrate
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Judge pursuant to 28 U.S.C. §§ 636 (b)(1)(A) and (B) and Local Magistrate Judge Rules MJR 1,
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MJR 3, and MJR 4.
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Defendant Guidry filed a motion to dismiss (Dkt. 208), which plaintiff responded to (Dkt.
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219, 221). However, in his reply, defendant Guidry requests that the Court strike plaintiff’s
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responses to his motion to dismiss because it was not filed in a timely manner. Dkt. 227. The
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docket indicates that both plaintiff’s responses were filed on November 8, 2017, before the
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ORDER GRANTING MOTION TO STRIKE - 1
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November 13, 2017 deadline. See Dkt. The Court will therefore not strike the responses on this
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ground.
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Defendant also argues that the Court should strike the responses because together they
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are 44 pages, 20 pages over the limit prescribed in Local Rule 7(e). Plaintiff filed both an
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“answer to [dkt. 207-208]” (Dkt. 221) and “rebuttal-response” (Dkt. 219) that appears to be an
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addendum to his “answer.” Defendant is correct that plaintiff’s responses, taken together, are
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over-length. See Dkts. 219, 221. Because of this, the Court will not consider anything beyond the
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length mandated by Local Rule 7. Therefore, the Court considers the first 24 pages of plaintiff’s
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“answer” and declines to consider plaintiff’s “rebuttal-response.” The Court grants defendants’
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motion to strike (Dkt. 227) in part.
Dated this 12th day of December, 2017.
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J. Richard Creatura
United States Magistrate Judge
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ORDER GRANTING MOTION TO STRIKE - 2
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