Hawthorne-Burdine v. Oakland University et al

Filing 20

ORDER Denying Plaintiff's 18 Motion to Strike, Placing Defendant's Motion to Dismiss Exhibits #15-17 Under Seal, and Granting Plaintiff's 19 Motion for Leave to File Exhibits in the Traditional Manner. Signed by District Judge Gershwin A. Drain. (TMcg)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

DOROTHY HAWTHORNE-BURDINE,
Case No. 15-cv-13285
Plaintiff,
UNITED STATES DISTRICT COURT JUDGE
GERSHWIN A. DRAIN

v.
OAKLAND UNIVERSITY, ET AL.,

UNITED STATES MAGISTRATE JUDGE
ANTHONY P. PATTI

Defendants.
/
ORDER DENYING PLAINTIFF’S MOTION TO STRIKE [18], PLACING DEFENDANTS’ MOTION TO
DISMISS EXHIBITS #15–17 UNDER SEAL, AND GRANTING PLAINTIFF’S MOTION FOR LEAVE TO
FILE EXHIBITS IN THE TRADITIONAL MANNER [19]
On November 9, 2015, Plaintiff Dorothy Hawthorne-Burdine filed two motions. In
Plaintiff’s Motion to Strike [18], she requests that the Court strike three exhibits attached to
Defendants’ Motion to Dismiss [12]: #15 Exhibit N - Dr. Hermann Banks assessment; #16
Exhibit O - Dr. Elliott Wolf assessment; and #17 Exhibit P - Dr. W. John Baker assessment. In
Plaintiff’s Ex Parte Motion for Leave to File Exhibits in the Traditional Manner [19], she seeks
permission to file a 22-minute audio recording of one of her classes in the traditional manner,
pursuant to Rule 18(c) of the Electronic Filing Policies and Procedures.
Rule 12(f) of the Federal Rules of Civil Procedure allows the Court to strike “any
redundant, immaterial, impertinent, or scandalous matter” from a pleading. Under Rule 10(c), a
“copy of a written instrument that is an exhibit to a pleading is part of the pleading for all
purposes.” FED. R. CIV. P. 10(c). “Motions to strike are generally viewed with disfavor, and will
usually be denied unless the allegations in the pleading have no possible relation to the
controversy, and may cause prejudice to one of the parties.” Sliger v. Prospect Mortgage, LLC,

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789 F. Supp. 2d 1212, 1216 (E.D. Cal. 2011). The exhibits in question are related to the present
controversy, so the Court will DENY Plaintiff’s Motion to Strike. However, as the exhibits
contain medical assessments, the Clerk is HEREBY ORDERED TO SEAL the following
exhibits until further order of the Court:


Dkt. # 12-15 – Ex. N: Dr. Hermann Banks assessment



Dkt. # 12-16 – Ex. O: Dr. Elliott Wolf assessment



Dkt. # 12-17 – Ex. P: Dr. W. John Baker assessment

Additionally, the Court will GRANT Plaintiff leave to file the audio recording in
question in accordance with the Eastern District’s Electronic Filing Policies and Procedures,
Rule 18(c). A copy of this order should accompany the item being filed.
IT IS SO ORDERED.
Dated: November 10, 2015

s/Gershwin A. Drain
HON. GERSHWIN A. DRAIN
United States District Court Judge

Certificate of Service
I hereby certify that a copy of the foregoing document was served upon parties and counsel of
record on November 10, 2015, by electronic and/or ordinary mail.

s/Teresa McGovern
in the absence of Tanya Bankston
Case Manager to Judge Drain

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