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)

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