McBride v. Houston County Health Care Authority et al

Filing 337

OPINION AND ORDER that defendant Houston County Health Care Authority's 214 Motion to Strike is denied as further set out in the opinion and order. Signed by Honorable Judge Myron H. Thompson on 6/24/2015. (dmn, )

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

)
)
Plaintiff,
)
)
v.
)
)
HOUSTON COUNTY HEALTH CARE )
AUTHORITY d/b/a Southeast )
Alabama Medical Center,
)
et al.,
)
)
Defendants.
)

CIVIL ACTION NO.
1:12cv1047-MHT
(WO)

OPINION AND ORDER
It is ORDERED that defendant Houston County Health
Care Authority’s motion to strike (doc. no. 214) is
denied.

In

motions,

the

resolving
court

the

has

pending

implicitly

summary-judgment
considered

the

motions to strike as a notice of objections to the
testimony

described

and

has

considered

briefs as arguments on the objections.

any

related

See Norman v.

Southern Guar. Ins. Co., 191 F. Supp. 2d 1321, 1328
(M.D. Ala. 2002) (Thompson, J.); Anderson v. Radisson
Hotel Corp., 834 F. Supp. 1364, 1368 n. 1 (S.D. Ga.

1993).
required

The court is capable of sifting evidence, as
by

the

summary-judgment

standard,

without

resort to an exclusionary process, and the court will
not allow the summary-judgment stage to degenerate into
a battle of motions to strike.
DONE, this the 24th day of June, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE