Opinion
C19-1952JLR
02-01-2023
MATCONUSA LP, Plaintiff, v. HOUSTON CASUALTY COMPANY, et al., Defendants.
MINUTE ORDER
The following minute order is made by the direction of the court, the Honorable James L. Robart:
Before the court is Defendant Houston Casualty Company's (“Houston”) reply in support of its motion for partial summary judgment. (Reply (Dkt. # 221); see Mot. (Dkt. # 212).) In its reply, Houston moves the court to strike certain statements and testimony from the Rule 30(b)(6) deposition of non-party Graham Construction that Plaintiff MatconUSA LP (“Matcon”) cited in its response to the motion for summary judgment. (Reply at 1-4; see generally Resp. (Dkt. # 215).) Because Houston included its motion to strike in its reply, Matcon has not had an opportunity to respond to that motion. See Local Rules W.D. Wash. LCR 7(g) (authorizing surreplies solely for the purpose of asking the court to strike material contained in a reply brief).
In light of the importance of the cited statements and Graham Construction's Rule 30(b)(6) deposition to Matcon's response to the motion for summary judgment, the court ORDERS that Matcon may file an optional surreply by no later than February 6, 2023, for the sole purpose of responding to Houston's motion to strike. Matcon's surreply shall not exceed three pages in length. The court DIRECTS the Clerk to renote Houston's motion for partial summary judgment (Dkt. # 212) on February 6, 2023.