Ford v. City of Goodwater, Alabama et al
Filing
38
OPINION AND ORDER directing that defendant Jonathan Pitts's motion to strike (Doc. No. 29 ) is denied.. Signed by Honorable Judge Myron H. Thompson on 11/21/13. (scn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
BRIAN KEITH FORD,
)
)
Plaintiff,
)
)
v.
)
)
CITY OF GOODWATER, JONATHAN )
PITTS, and GERALD WHETSTONE,)
)
Defendants.
)
CIVIL ACTION NO.
2:12cv1094-MHT
(WO)
OPINION AND ORDER
Defendant Jonathan Pitts has filed a motion to strike
several
affidavits
offered
in
which
response
to
plaintiff
Pitts’s
Brian
motion
Keith
for
Ford
summary
judgment.
Federal Rule of Civil Procedure 12(f) applies only to
pleadings:
“The
insufficient
court
defense
may
or
strike
any
from
a
redundant,
pleading
an
immaterial,
impertinent, or scandalous matter.” 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.
2d
Norman v. Southern Guar. Ins. Co., 191 F. Supp.
1321,
1327-28
Nevertheless,
in
(M.D.
Ala.
resolving
2002)
Pitts’s
(Thompson,
J).
summary-judgment
motion, the court will implicitly consider the motion to
strike as, instead, an objection to the evidence offered
See Fed. R. Civ. P. 56(c)(2) (“A party may
by Ford.
object that the material cited to support or dispute a
fact
cannot
admissible
in
be
presented
in
evidence.”).
a
The
form
that
court
is
would
be
capable
of
sifting through the evidence, as required by the summaryjudgment
process,
without
resort
to
an
exclusionary
process.
***
Accordingly, it is ORDERED that defendant Jonathan
Pitts’s motion to strike (Doc. No. 29) is denied.
DONE, this the 21st day of November.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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