People For The Ethical Treatment of Animals, Inc. v. Dade City's Wild Things, Inc. et al

Filing 327

ORDER granting 326 Motion to Strike 325 Declaration. Signed by Magistrate Judge Amanda Arnold Sansone on 4/9/2020. (BEE)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
PEOPLE FOR THE ETHICAL
TREATMENT OF ANIMALS, INC.,
Plaintiff,
v.

Case No.: 8:16-cv-2899-T-36AAS

DADE CITY’S WILD THINGS, INC.,
et al.,
Defendants.
_____________________________________/
ORDER
People for the Ethical Treatment of Animals, Inc. (PETA) moves to strike the
declaration of Kathy Stearns regarding the March 31, 2020 tiger transfer (the
declaration) (doc. 325).

(Doc. 326). In the alternative, PETA requests leave to

respond to the declaration. (Id.).
The court required the parties to file a joint status report after the March 31,
2020 tiger transfer, and the parties complied. (Docs. 323, 324). The following day,
Ms. Stearns filed the declaration. (Doc. 325). The declaration neither requests relief
nor supports a motion or response.
“Federal Rule of Civil Procedure 7(a) enumerates the exclusive list of pleadings
that are allowed in federal court. . . . Notably absent from this list of allowable
pleadings is the affidavit. . . . Instead, an affidavit is a form of testimony, the filing of
which must accompany the motion or response it is intended to support.” Sentinel
Capital Orlando, LLC v. Centennial Bank, No. 6:12-CV-785-ORL-40GJK, 2014 WL

12618336, at *1-2 (M.D. Fla. Sept. 4, 2014) (citations omitted). Indeed, Federal Rule
of Civil Procedure 6(c)(2) requires that “[a]ny affidavit supporting a motion must be
served with the motion.” The declaration is procedurally improper.
Accordingly, PETA’s motion to strike Ms. Stearns’ declaration (Doc. 326) is
GRANTED. The Clerk is directed to STRIKE the declaration. If Ms. Stearns’ seeks
judicial relief, she must do so in the form of a motion that complies with applicable
federal and local rules.
ORDERED in Tampa, Florida on April 9, 2020.