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)

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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, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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. *** 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

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