Bailey-Potts v. Alabama Department of Public Safety

Filing 33

ORDER denying 24 Motion to Strike, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 2/21/12. (djy, )

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

SHERRY ANNE BAILEY-POTTS,

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Plaintiff,
v.
ALABAMA DEPARTMENT OF
PUBLIC SAFETY,
Defendant.

CIVIL ACTION NO.
3:11cv495-MHT
(WO)

ORDER
Defendant Alabama Department of Public Safety ("DPS")
has filed a motion to strike portions of the filing of
plaintiff Sherry Anne Bailey-Potts ("Bailey-Potts") in
response to DPS’s motion for summary judgment.
Federal Rule of Civil Procedure 12(f) applies only to
pleadings:

“The

insufficient

court

defense

may
or

strike
any

from

a

redundant,

impertinent, or scandalous matter.”

pleading

an

immaterial,

DPS's motion to

“strike” facts 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 DPS's summary-

judgment motion, the court has implicitly considered the
motion to strike as, instead, an objection to the evidence
offered by Bailey-Potts.

The court is capable of sifting

through the evidence, as required by the summary-judgment
process, without resort to a motion process.
***
Accordingly, it is ORDERED that defendant Alabama
Department of Public Safety’s motion to strike (Doc. No.
24) is denied.
DONE, this the 21st day of February, 2012.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE