TURNER v. BOB INZER

Filing 118

ORDER denying 112 Motion to Strike. Signed by JUDGE RICHARD SMOAK on 8/5/2013. (jem)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

CYNTHIA TURNER,
Plaintiff,
v.

CASE NO. 4:11-cv-567-RS-WCS

BOB INZER, in his official capacity as
LEON COUNTY CLERK OF THE COURT,
Defendant.
_________________________________/
ORDER
The relief requested Defendant’s Renewed Motion to Strike Plaintiff’s
Notice of Supplemental Authority (Doc. 112) is DENIED. A motion to strike “is a
drastic remedy to be resorted to only when required for the purposes of justice.”
Augustus v. Bd. of Public Instruction of Escambia County, Fla., 306 F.2d 862, 868
(5th Cir. 1962). It is well established that motions to strike are usually denied
unless the allegation has “no possible relation to the controversy and may cause
prejudice to one of the parties.” Falzarano v. Retail Brand Alliance, Inc, No. 0781069-CIV, 2008 WL 899257 *1 (S.D. Fla. Mar. 31, 2008) (citing Augustus v.
Board of Public Instruction of Escambia County, Fla., 306 F.2d 862, 868 (5th Cir.
1962)); Hutchings v. Federal Ins. Co., 2008 WL 4186994 *2 (M.D. Fla. 2008). In
this case, there is no prejudicial affect by allowing Plaintiff’s Notice of

Supplemental Authority to stay on the record. The Court will give it the weight it
deserves.

ORDERED on August 5, 2013.
/S/ Richard Smoak
RICHARD SMOAK
UNITED STATES DISTRICT JUDGE