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, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION SHERRY ANNE BAILEY-POTTS, ) ) ) ) ) ) ) ) ) ) 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

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