Gray v. City of Dothan

Filing 52

ORDER directing as follows: (1) denying def's 50 Motion to Strike; (2) however, to the extent the def is merely objecting to the admissibility of evidence, the plf is allowed until 6/5/2015 to respond, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 5/26/15. (djy, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION IVAN KEITH GRAY, ) ) ) ) ) ) ) ) ) Plaintiff, v. CITY OF DOTHAN, Defendant. CIVIL ACTION NO. 1:14cv592-MHT (WO) ORDER It is ORDERED as follows: (1) The defendant’s motion to strike (doc. no. 50) is denied. (2) However, to the extent the defendant is merely objecting to the admissibility of evidence, the plaintiff is allowed until June 5, 2015, to respond. In resolving the pending summary-judgment motion, the court strike as described. has a implicitly notice of considered objections to the the motion to testimony See Norman v. Southern Guar. Ins. Co., 191 F. Supp. 2d 1321, 1328 (M.D. Ala. 2002); Anderson v. Radisson Hotel Corp., 834 F. Supp. 1364, 1368 n. 1 (S.D. Ga. 1993). The court is capable of sifting evidence, as required by the summary-judgment standard, without court resort will not to an allow exclusionary the process, summary-judgment degenerate into a battle of motions to strike. as is apparent from this order, the and the stage to Rather, court entertain briefs on the admissibility of evidence. DONE, this the 26th day of May, 2015. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE will

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