Mann v. Darden et al

Filing 63

OPINION AND ORDER that Plaintiff Sue-Zanne Mann's 33 Motion to Strike is denied as further set out in the order. Signed by Honorable Myron H. Thompson on 7/6/2009. (dmn)

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION SUE-ZANNE MANN, Plaintiff, v. JAMES A. DARDEN and CAMILLE V. EMMANUEL, Defendants. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:07cv751-MHT (WO) OPINION AND ORDER Plaintiff Sue-Zanne Mann has filed a motion to strike (Doc. No. 33), arguing that portions of the defendants' motion for summary judgment, supporting brief, It and is exhibits contain several evidentiary flaws. ORDERED that motion is denied for the following reasons. Rule 12(f) of the Federal Rules of Civil Procedure plainly applies only to pleadings. a party ... any the court may order "Upon motion made by stricken or any from any pleading insufficient defense redundant, Fed. R. to immaterial, impertinent, or scandalous matter." Civ. P. 12(f) (emphasis added). Mann's request "strike" argument in a motion for summary judgment and references to evidence accompanying such a motion is not a request to strike material from a pleading. 2 James Wm. Moore, et al., Moore's Federal Practice 12.37[2] (3d ed. 1999) ("Only material included in a `pleading' may be subject of a motion to strike. ... Motions, briefs or memoranda, objections, or affidavits may not be attacked by the motion to strike."). Nevertheless, summary-judgment in motion, resolving the court the has defendants' implicitly considered the motion to strike as, instead, notices of objection to the evidence offered. 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) (Bowen, J.). The court is capable of sifting through evidence, as required by the summary-judgment standard, without resort to an exclusionary process, and the court will not allow 2 the summary-judgment stage to degenerate into a battle of motions to strike. DONE, this the 6th day of July, 2009. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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