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, )

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