Wilson v. PTT, LLC

Filing 374

ORDER denying Plaintiff's 344 Motion for Sanctions. Signed by District Judge Tiffany M. Cartwright.(MW)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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RICK LARSEN, individually and on behalf

Case No. 3:18-cv-05275-TMC

of all others similarly situated,

ORDER ON PLAINTIFF’S FIRST MOTION
FOR SANCTIONS

Plaintiff,

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v.
PTT, LLC, doing business as High 5 Games,
LLC; HIGH 5 ENTERTAINMENT LLC,
Defendant.

I.

ORDER

Before the Court is Plaintiff Rick Larsen’s first motion to sanction Defendant High 5
Games, LLC. Dkt. 344. Larsen contends that High 5 Games has recently “filed two overlength
briefs and concealed its violations of the Local Rules with false certifications to the Court.” Id. at
2. Specifically, Larsen submits that High 5 Games’ summary judgment response at Dkt. 317 is
more than 9,000 words (despite a certification of 8,400) and that its summary judgment reply at
Dkt. 331 is more than 4,300 words (despite a certification of 4,199). Dkt. 344 at 2.
In response, High 5 Games concedes that its certifications are incorrect and its briefs are
overlength but insists “this was an isolated, inadvertent error that was made in good faith.”

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ORDER ON PLAINTIFF’S FIRST MOTION FOR SANCTIONS - 1

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Dkt. 359 at 2. Counsel for High 5 Games explains that when preparing the briefs, without her

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knowledge, “my Microsoft Word settings had deselected the option to include footnotes within

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the final word count of the document.” Dkt. 360 at 2. Using screenshots of the word count

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function, counsel demonstrates that while the briefs are overlength when footnotes are included

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in the count, they are within the limits allowed by the local rules when footnotes are excluded.

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See id at 2–3.

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While the explanation that this mistake occurred without anyone’s knowledge is

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somewhat hard to believe given the experience and sophistication of counsel for High 5 Games,

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the Court need not resolve this question of credibility. The Local Civil Rules provide that the

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Court “may refuse to consider any text, including footnotes, which is not included within the

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word or page limits.” Local Civ. R. 7(e)(6). High 5 Games agrees this is warranted. See Dkt. 360

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at 3. Consistent with the local rules, the Court will decline to consider any text contained in the

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footnotes of the briefs filed by High 5 Games at Dkt. 317 and Dkt. 331.

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Because sanctions are unnecessary for this remedy, Larsen’s first motion for sanctions
(Dkt. 344) is DENIED.

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Dated this 28th day of March, 2024.

A
Tiffany M. Cartwright
United States District Judge

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ORDER ON PLAINTIFF’S FIRST MOTION FOR SANCTIONS - 2