Halford v. Westpoint Home, Inc.

Filing 48

ORDER denying def WestPoint Home, Inc.'s 35 Motion to Strike, as further set out in order. Signed by Honorable Myron H. Thompson on 8/11/10. (djy, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION DAVID E. HALFORD, Plaintiff, v. WESTPOINT HOME, INC., Defendant. ) ) ) ) ) ) ) ) ) ORDER CIVIL ACTION NO. 2:09cv689-MHT (WO) It is ORDERED that defendant WestPoint Home, Inc.'s motion to strike (doc. no. 35) is denied. In resolving WestPoint's motion for summary 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 11th day of August, 2010. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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