Smith v. Illinois Association of School Boards et al

Filing 129

ORDER granting in part and denying in part 112 Motion to Strike. The Court STRIKES exhibits 50, 54, and 55 from defendant IASB's summary judgment brief. Signed by Chief Judge David R. Herndon on 8/24/11. (klh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

CURTIS A. SMITH,

Plaintiff,

v.

ILLINOIS ASSOCIATION OF
SCHOOL BOARDS, et al.,

Defendants.

No.: 3-10-00242-DRH
ORDER

HERNDON, Chief Judge:
Now before the Court is plaintiff’s motion to strike uncited exhibits from
IASB’s memorandum in support of motion for summary judgment (Doc. 112).
Specifically, plaintiff moves to strike from the record IASB exhibits 3, 7-8, 11-17, 2027, 29-50, 57-59, 61-65, 70-73, 77-78, 81-84, 86-92, 99-101, 105, 107, 113, 117,
and 119-120 arguing that IASB did not cite to these exhibits in its summary
judgment brief. Defendant does not object to the motion as to exhibits 50, 54 and
55. However, defendant contends that in order for there to be a complete record,
it filed the entire transcripts and exhibits for each of the depositions referenced and
that some of the exhibits plaintiff moves to strike it did reference those exhibits.

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Based on the reasons in defendant’s response, the Court grants in part and denies
in part the motion to strike. The Court GRANTS the motion as to exhibits 50, 54,
and 55 and DENIES the motion as to the remaining exhibits. Thus, the Court
STRIKES exhibits 50, 54 and 55 from defendant’s summary judgment brief.
IT IS SO ORDERED.
Signed this 24th day of August, 2011.
Digitally signed by David R.
Herndon
Date: 2011.08.24 13:19:59
-05'00'

Chief Judge
United States District Court

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