Baypoint Office Tower, Inc. v. Chubb Custom Insurance Company

Filing 24

ORDER denying 19 Motion to Strike Affidavit. Signed by Magistrate Judge John J. O'Sullivan on 6/13/2012. (tro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 12-20893-CIV-LENARD/O’SULLIVAN
BAYPOINT OFFICE TOWER, INC.,
Plaintiff,
v.
CHUBB CUSTOM INSURANCE
COMPANY,
Defendant.
_________________________/
ORDER
THIS MATTER is before the Court on the Plaintiff’s Motion to Strike Affidavit of
Mario Munoz in Opposition to Plaintiff’s Motion for Remand (DE # 19, 4/12/12). The
plaintiff argues that “Federal Rule of Civil Procedure 56(c)(4) of the Federal Rules of
Civil Procedure provides that ‘[a]n affidavit or declaration used to support or oppose a
motion must be made on personal knowledge, set out facts that would be admissible in
evidence, and show that the affiant or declarant is competent to testify on the matters
stated.’ Fed.R.C.P. 56(c)(4).” Plaintiff’s Motion to Strike Affidavit of Mario Munoz in
Opposition to Plaintiff’s Motion for Remand, at p. 1. The affiant relied on non hearsay
information provided by the plaintiff to the defendant in estimating the loss in this
matter. Accordingly, it is

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ORDERED AND ADJUDGED that the Plaintiff’s Motion to Strike Affidavit of
Mario Munoz in Opposition to Plaintiff’s Motion for Remand (DE # 19, 4/12/12) is
DENIED.
DONE AND ORDERED, in Chambers, at Miami, Florida, this 13th day of
June, 2012.

JOHN J. O’SULLIVAN
UNITED STATES MAGISTRATE JUDGE
Copies furnished to:
United States District Judge Lenard
All Counsel of Record

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