Maske v. The Cone Company, Inc. et al

Filing 36

ORDER granting 33 34 Motions to Strike; striking the materials attached to the plaintiffs' 31 32 responses. Signed by Honorable Judge Mark E. Fuller on 9/30/2011. (br, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION CAROL MASKE, ) ) ) ) ) ) ) ) ) Plaintiff, v. THE CONE COMPANY, INC., et al., Defendants. CATHY McGALLIARD, ) ) ) ) ) ) ) ) ) Plaintiff, v. THE CONE COMPANY, INC., et al., Defendants. CIVIL ACT. NO. 2:10cv457-MEF (WO) CIVIL ACT. NO. 2:10cv458-MEF (WO) ORDER On February 24, 2011, the defendants filed motions to strike the plaintiffs’ evidentiary submissions in opposition to their motions to dismiss. (Doc. Nos. 33 & 34.) The evidentiary submissions submitted as attachments to the plaintiffs’ Responses (Doc. Nos. 31 & 32) are not necessary to reach a determination with respect to the defendants’ motions to dismiss pursuant to Federal Rule Civil Procedure 12(b)(6). Accordingly, it is ORDERED that the motions to strike the materials attached to the plaintiffs’ Responses be and are hereby GRANTED and that the attachments to the plaintiffs’ Responses be and are hereby STRICKEN. DONE this the 30th day of September, 2011. /s/ Mark E. Fuller UNITED STATES DISTRICT JUDGE 2

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