Alexander v. Penny Profit Cleaners

Filing 64

OPINION AND ORDER denying 40 motion to strike exhibits K & L, as further set out in order. Signed by Honorable Myron H. Thompson on 8/10/10. (djy, )

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

LOUIE ALEXANDER,

) ) Plaintiff, ) ) v. ) ) EVENING SHADE INC., d/b/a ) PENNY PROFFIT CLEANERS, and ) RICK HADDOCK, ) ) Defendants. )

CIVIL ACTION NO. 3:09cv605-MHT (WO)

OPINION AND ORDER The Evening case Shade is now before doing the court as on defendants Proffit

Inc.,

business

Penny

Cleaners, and Rick Haddock's' motion to strike exhibits "K" and "L", affidavits of plaintiff Louie Alexander's Penny Profit co-workers, which were submitted in

opposition to the motion for summary judgment. ORDERED that the motion (doc. no. 40) is denied.

It is

***

Defendants assert that the exhibits fail to comply with Fed. R. Civ. P. 56(e), which requires that

affidavits submitted on summary judgment "be made on personal knowledge ... and show that the affiant is competent to testify on the matters stated." They state

that the employee affidavits "do not contain affirmations that the affiants were sworn and that the information contained within ... is true and accurate to the best of the affiant[s'] they knowledge." contend that Mot. both (Doc. No. 40). were

Furthermore,

documents

improperly notarized, as the affiants failed to appear personally before the notary republic. In response to defendants' objections, Alexander

submitted, and the court granted, a motion to substitute exhibits K and L with exhibits K-2 and L-2, affidavits that contain testimony identical to that in the original exhibits, but which are prepared in accordance with Fed.

2

R. Civ. P. 56.

Consequently, the court finds defendants'

objections to exhibits K and L are now moot. DONE, this the 10th of August, 2010. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE