Ballenger v. Sikorsky Aircraft Corporation, et al

Filing 196

ORDER that the motions to strike (Doc. Nos. 161 & 178 ), filed by defendant Aeronautical Accessories, Inc., are denied as moot as further set out in the order. Signed by Honorable Judge Myron H. Thompson on 11/4/2011. (dmn)

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

ANN L. BALLENGER,
individually and as
Administratrix of the
Estate of Thomas
Ballenger, deceased, and
MARY ANNA WOEPPEL,

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Plaintiffs,
v.
SIKORSKY AIRCRAFT
CORPORATION, a foreign
Corporation, et al.,
Defendants.

CIVIL ACTION NO.
2:09cv72-MHT
(WO)

ORDER
It is ORDERED that the motions to strike (Doc. Nos.
161 & 178), filed by defendant Aeronautical Accessories,
Inc., are denied as moot.
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With its motions, defendant Aeronautical Accessories,
Inc.

(AAI)

Aircraft

has

moved

Corporation’s

to

strike

opposition

defendant

Sikorsky

to

summary-

AAI’s

judgment motion.

AAI contends that Sikorsky, as co-

defendant, lacks standing to oppose its summary-judgment
motion.
AAI’s

Because in the opinion and order entered today
summary-judgment

motion

fails

based

on

the

plaintiffs’ opposition and the evidence in the record,
AAI’s motions to strike Sikorsky’s opposition are moot.
In

other

words,

today’s

opinion

and

order

did

consider arguments marshaled in Sikorsky’s briefs.
DONE, this the 4th day of November, 2011.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

not