Bielski v. Alfred Saliba Corporation, et al
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
ALFRED SALIBA CORPORATION,
CIVIL ACTION NO.
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
Federal Rule of Civil Procedure 12(f) applies only to
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
Mann v. Darden, 2009 WL 2019588 (M.D. Ala. July
Nevertheless, in resolving the defendant’s
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
Saliba Corporation’s motion to strike (Doc. No. 50) is
DONE, this the 15th day of October.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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