Dunn et al v. Thomas et al
PHASE 2 ORDER ON MOTIONS TO STRIKE: It is ORDERED that defendants' motions to strike (doc. nos. 806 & 875 ) briefs filed by plaintiffs are denied under the conditions set forth. Signed by Honorable Judge Myron H. Thompson on 10/20/2016. (kh, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
JOSHUA DUNN, et al.,
JEFFERSON S. DUNN, in his
official capacity as
the Alabama Department of
Corrections, et al.,
CIVIL ACTION NO.
PHASE 2 ORDER ON MOTIONS TO STRIKE
It is ORDERED that defendants’ motions to strike
(doc. nos. 806 & 875) briefs filed by plaintiffs are
denied under the conditions set forth below.
provides as follows: “Upon motion made by a party ...
impertinent, or scandalous matter.”
The terms of the rule make clear that “[o]nly material
included in a ‘pleading’ may be subject of a motion to
Motion, briefs or memoranda, objections,
or affidavits may not be attacked by the motion to
Therefore, as an initial matter, these motions to
strike will be denied as to all non-pleadings--that is,
all of the documents at issue in these motions.
Lowery v. Hoffman, 188 F.R.D. 651 (M.D. Ala. 1999);
Defendants’ third motion to strike (doc. no. 809) and
the sole pending issue in plaintiffs’ motion to strike
(doc. no. 838) will remain before the court, as they
summary-judgment and class-certification motions, the
court will consider the denied motions to strike as,
instead, notices of objections.
See Norman v. S. Guar.
Ins. Co., 191 F. Supp. 2d 1321, 1328 (M.D. Ala. 2002)
(Thompson, J.); Anderson v. Radisson Hotel Corp., 834
F. Supp. 1364, 1368 n.1 (S.D. Ga. 1993) (Bowen, J.).
The court will not allow the
degenerate into a battle of motions to strike.
parties are not to file additional motions to strike in
this case unless they comply with the letter of Rule
12(f) and pertain exclusively to “pleadings” within the
strike will be summarily denied.
DONE, this the 20th day of October, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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