DESIGN BASICS, LLC et al v. KERSTIENS HOMES & DESIGNS INC., et al

Filing 222

ENTRY ON MOTIONS TO STRIKE - This matter is before the Court on two Motions to Strike filed by Defendants, Kerstiens Homes & Designs, Inc. and T-Kerstiens Homes Corp., (the "Home Defendants") (Filing No. 158 ; Filing No. 167 ). The Hom e Defendants request that the Court strike two sets of amended declarations filed by Plaintiffs, Design Basics, LLC, Plan Pros, Inc., and Prime Designs, Inc. (collectively the "Plaintiffs") to correct errors within the original declarati ons that Plaintiffs filed in conjunction with their Response in Opposition to the Home Defendants' Motion for Summary Judgment (Filing No. 136 ). Specifically, the Home Defendants argue that the Court cannot consider either set of amended de clarations because Plaintiffs cannot submit new evidence in a surreply or supplement in opposition to summary judgment that was not previously presented in their response in opposition, and that the Home Defendants would be prejudiced if the Court were to consider this new evidence. the Court DENIES the Home Defendants' Motion to Strike Declarations Submitted with Surreply as moot (Filing No. 158 ), and DENIES the Home Defendants' Motion to Strike Plaintiffs' Supplement to their Response in Motion for Summary Judgment (Filing No. 167 ). The Court will consider the Second Amended Declarations supplemented by the Plaintiffs in its decision regarding the Home Defendants' Motion for Summary Judgment. (See Entry.) Signed by Judge Tanya Walton Pratt on 4/10/2018. (NAD)