Colonial Bank v. Syntellect, Inc.

Filing 112

ORDER denying 106 Motion to Strike, as further set out in order. Signed by Honorable Myron H. Thompson on 7/22/10. (djy, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION BRANCH BANKING AND TRUST COMPANY, successor in interest to Colonial Bank by acquisition of assets from FDIC as Receiver for Colonial Bank, Plaintiff, v. SYNTELLECT, INC., a Delaware corporation, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER It is ORDERED that plaintiff Branch Banking and Trust Company's motion to strike (doc. no. 106) is denied. In resolving the parties' cross-motions for summary CIVIL ACTION NO. 2:08cv955-MHT (WO) judgment, the court has implicitly considered the motion to strike as notice of objection to the evidence described. Supp. 2d See Norman v. Southern Guar. Ins. Co., 191 F. 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 resort to an exclusionary process, and the court will not allow the summary-judgment stage to degenerate into a battle of motions to strike. DONE, this the 22nd day of July, 2010. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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