Hogan v. Allstate Beverage Company, Inc.

Filing 91

OPINION AND ORDER directing that defendant Allstate Beverage Company, Inc.'s 70 and 77 motions to strike are denied, as further set out. Signed by Honorable Judge Myron H. Thompson on 12/4/12. (scn, )

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

FLOYD HOGAN, JR., et al.,

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Plaintiffs,
v.
ALLSTATE BEVERAGE
COMPANY, INC., d/b/a
Gulf Distributing,
Defendant.

CIVIL ACTION NO.
2:10cv390-MHT
(WO)

OPINION AND ORDER
Defendant Allstate Beverage Company, Inc. has filed
two motions to strike portions of affidavits submitted by
plaintiff Floyd Hogan, Jr.
Federal Rule of Civil Procedure 12(f) applies only to
pleadings: “The court may strike from a pleading an
insufficient

defense

or

any

redundant,

impertinent, or scandalous matter.”
to

“strike”

affidavits

submitted

immaterial,

Allstate’s motions
in

connection

with

Hogan’s motion for conditional class certification, etc.
is not a request to strike material from a pleading.
Mann v. Darden, 2009 WL 2019588 (M.D. Ala. July 6, 2009).

Nevertheless, in resolving Hogan’s motion, the court
implicitly considered the motions to strike as, instead,
objections to the evidence offered by Hogan.

The court

was capable of sifting through the evidence, as required
by the class-certification process, without resort to an
exclusionary process.
***
Accordingly, it is ORDERED that defendant Allstate
Beverage Company, Inc.’s motions to strike (Doc. Nos. 70
and 77) are denied.
DONE, this the 4th day of December, 2012.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE