Adams v. The City of Montgomery - Maintenance Department

Filing 71

OPINION AND ORDER that defendant City of Montgomery's 49 Motion to Strike is denied as further set out in the order. Signed by Honorable Judge Myron H. Thompson on 4/24/2012. (dmn, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION WILLIE ADAMS, ) ) ) ) ) ) ) ) ) Plaintiff, v. THE CITY OF MONTGOMERY, Defendant. CIVIL ACTION NO. 2:10cv924-MHT (WO) OPINION AND ORDER Defendant City of Montgomery has filed a motion to strike portions of plaintiff Willie Adams’s response to the motion for summary judgment. 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.” immaterial, Defendant’s motion to “strike” evidence in a response to a motion for summary judgement 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 the defendant’s summary-judgment motion, the court has implicitly considered the motion to strike as, instead, an objection to the evidence offered by Adams. R. Civ. P. 56(c)(2) (“A party may object See Fed. that the material cited to support or dispute a fact cannot be presented in evidence.”). a form that would be admissible in The court is capable of sifting through the evidence, as required by the summary-judgment process, without resort to an exclusionary process. *** Accordingly, it is ORDERED that defendant City of Montgomery’s motion to strike (Doc. No. 49) is denied. DONE, this the 24th day of April, 2012. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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