COLEMAN v. CURRY et al

Filing 76

ENTRY denying 73 Motion to Strike. Signed by Judge Tanya Walton Pratt on 8/19/2013. Copy Mailed. (JD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
WAYDE COLEMAN,
Plaintiff,
v.
TERRY CURRY Marion County Prosecutor’s
Office, Final Policy Maker, in his official
capacity, administrative and investigative
capacity,
REBECCA MEYER, in her administrative,
Investigative capacity and not official capacity,
PAUL R CIESIELSKI, in his official capacity
as Chief of Police Indianapolis Metropolitan
Police Department (IMPD),
DENNY RANDALL JASON, IMPD D9879,
in his individual and investigative capacity, and
JUDGE RUEBEN B. HILL Criminal Court
Rm 18, in his official capacity for injunctive,
declarative relief and consequential relief that
the court deems applicable,
Defendants.

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Case No. 1:11-cv-01256-TWP-DKL

ENTRY DISCUSSING MOTION TO STRIKE
This matter is before the Court on Defendants’ Paul R. Ciesielski, Terry Curry, Rueben
B. Hill, Denny Randall Jason, and Rebecca Meyer (collectively, “Defendants”) Motion to Strike
(Dkt. 73). Although,“[t]he court disfavors collateral motions—such as motions to strike—in the
summary judgment process,” Local Rule 56-1(i), Defendants’ motion to strike has been
considered.
The Defendants seek to strike a document containing transcribed portions of Officer
Randall Denny’s deposition which was taken incident to prior criminal proceedings against the

Plaintiff Wayde Coleman (“Mr. Coleman”). Defendants argue that the transcript should be
stricken because it was prepared by the Plaintiff, “Wayde Coleman Pro Se Litigant/A Notary
Public” and thus is not competent evidence. See Dkt. No. 70-1 at p. 1. In response, Mr.
Coleman has provided the transcript, but this time it has been transcribed by “Reliant.” No reply
has been filed by the Defendants. Under these circumstances the Defendants’ Motion to Strike
(Dkt. 73) is DENIED.

SO ORDERED.
08/19/2013
Date: __________________

________________________
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana

DISTRIBUTION:
Wayde Coleman
11303 Lynchburg Way
Indianapolis, Indiana 46229
Alexander Phillip Will
City of Indianapolis, Corporation Counsel
[e-mail]
Beth Ann Garrison
City of Indianapolis, Corporation Counsel
[e-mail]
Cameron G. Starnes
City of Indianapolis, Corporation Counsel
[e-mail]

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