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, )

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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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