Bielski v. Alfred Saliba Corporation, et al

Filing 81

ORDER denying 50 Motion to Strike, as further set out. Signed by Honorable Judge Myron H. Thompson on 10/15/13. (scn, )

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

KATHRYN BIELSKI,
Plaintiff,
v.
ALFRED SALIBA CORPORATION,
Defendant.

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CIVIL ACTION NO.
1:12cv1049-MHT
(WO)

OPINION AND ORDER
Defendant Alfred Saliba Corporation has filed a motion
to strike portions of an affidavit which plaintiff Kathryn
Bielski offered in response to the motion for summary
judgment.
Federal Rule of Civil Procedure 12(f) applies only to
pleadings:

“The

insufficient

court

defense

may
or

strike
any

from

a

redundant,

pleading

an

immaterial,

impertinent, or scandalous matter.” Defendant’s motion to
“strike” evidence in a response to a motion for summary
judgement is not a request to strike material from a
pleading.

Mann v. Darden, 2009 WL 2019588 (M.D. Ala. July

6, 2009).

Nevertheless, in resolving the defendant’s

summary-judgment

motion,

the

court

has

implicitly

considered the motion to strike as, instead, an objection
to the evidence offered by plaintiff.

See Fed. R. Civ. P.

56(c)(2) (“A party may object that the material cited to
support or dispute a fact cannot be presented in a form
that would be admissible in evidence.”).

The court is

capable of sifting through the evidence, as required by
the

summary-judgment

process,

without

resort

to

an

exclusionary process.
***
Accordingly,

it

is

ORDERED

that

defendant

Alfred

Saliba Corporation’s motion to strike (Doc. No. 50) is
denied.
DONE, this the 15th day of October.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE