Morgan v. Saehaesung Alabama, Inc.
Filing
46
OPINION AND ORDER: It is ORDERED that plaintiff Michael Morgan's 24 Motion to Strike and defendant Saehaesung Alabama, Inc.s 28 Motion to Strike are denied as further set out in the opinion and order. Signed by Honorable Judge Myron H. Thompson on 3/18/2014. (dmn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION
MICHAEL MORGAN,
)
)
)
)
)
)
)
)
)
Plaintiff,
v.
SAEHAESUNG ALABAMA, INC.,
Defendant.
CIVIL ACTION NO.
3:12cv816-MHT
(WO)
OPINION AND ORDER
Both parties have filed motions to strike affidavit
and deposition testimony which the other party offered
with regard to defendant Saehaesung Alabama, Inc.’s motion
for summary judgment.
Federal Rule of Civil Procedure 12(f) applies only to
pleadings:
“The
insufficient
impertinent,
court
defense
or
may
strike
or
any
scandalous
from
a
redundant,
matter.”
The
pleading
an
immaterial,
motions
to
“strike” evidence in a motion for summary judgement or
response to that motion are not a request to strike
material from a pleading.
Norman v. Southern Guar. Ins.
Co., 191 F. Supp. 2d 1321, 1327-28 (M.D. Ala. 2002)
(Thompson, J).
Nevertheless, in resolving Saehaesung’s
summary-judgment
motion,
the
court
has
implicitly
considered the motions to strike as, instead, objections
to the evidence offered.
See Fed. R. Civ. P. 56(c)(2) (“A
party may object that the material cited to support or
dispute a fact cannot be presented in a form that would be
admissible
in
evidence.”).
The
court
is
capable
of
sifting through the evidence, as required by the summaryjudgment
process,
without
resort
to
an
exclusionary
process.
***
Accordingly, it is ORDERED that plaintiff Michael
Morgan’s motion to strike (Doc. No. 24) and defendant
Saehaesung Alabama, Inc.’s motion to strike (Doc. No. 28)
are denied.
DONE, this the 18th day of March, 2014.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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