Womack v. J.P. Morgan Chase Bank, N.A.

Filing 80

ORDER: The Motion to Strike 60 is DENIED. The Plaintiff is given until January 17, 2013 to file a supplemental brief as further set out. Signed by Honorable Judge W. Harold Albritton, III on 1/9/2013. (jg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION

MARSHA WOMACK,
Plaintiff,
v.
JPMORGAN CHASE BANK, N.A.,
Defendant.

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CIVIL ACTION NO. 1:11-cv-927-WHA
(WO)

ORDER
This cause is before the court on the Plaintiff’s Motion to Strike (Doc. #60).
The Plaintiff, Marsha Womack (“Womack”) moves this court to strike portions of
Chase’s Reply Brief in support of summary judgment and its Supplemental Evidentiary
Submission, specifically its reference to and inclusion of a copy of a Motion for Immediate
Pendente Lite Relief filed in Womack’s divorce action (Doc. # 55-3). Womack contends that
this evidentiary submission was not mentioned in Chase’s initially-filed Motion for Summary
Judgment and should therefore be struck. In response, Chase argues that a statement in the
Motion for Immediate Pendente Lite Relief—Womack’s inability to bring the home mortgage
current without assistance from her ex-husband—is a material issue in summary judgment.
Chase also argues that it stated in its Initial Disclosures that it may use Womack’s divorce action
filings to support its arguments, so the inclusion of these filings should come as no surprise.
After reviewing the arguments of the parties, the court finds that Womack’s Motion to
Strike is due to be DENIED. The court will, however, give Womack additional time in which to
file a brief response to this evidence.
Accordingly, it is hereby ORDERED as follows:

1. The Motion to Strike (Doc. #60) is DENIED.
2. The Plaintiff is given until January 17, 2013 to file a supplemental brief which
responds only to the evidence and argument regarding the Motion for Immediate Pendente Lite
Relief filed in Womack’s divorce action.

Done this 9th day of January, 2013.

/s/ W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE