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, )

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

WILLIE ADAMS,

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)
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)
)
)
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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