Bailey-Potts v. Alabama Department of Public Safety
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,
ALABAMA DEPARTMENT OF
CIVIL ACTION NO.
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
impertinent, or scandalous matter.”
DPS's motion to
“strike” facts in a response to a motion for summary
judgement is not a request to strike material from a
Mann v. Darden, 2009 WL 2019588 (M.D. Ala. July
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
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