Smith v. City of Tupelo, Mississippi

Filing 72

ORDER denying 54 Motion to Strike. Signed by Neal B. Biggers on 3/8/2012. (llw)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
EASTERN DIVISION
BETHANY K. SMITH

PLAINTIFF

V.

CIVIL ACTION NO. 1:10CV217-B-S

CITY OF TUPELO, MISSISSIPPI

DEFENDANT
ORDER

Presently before the court is the plaintiff’s motion to strike Exhibits A and C from
defendant’s rebuttal in support of its motion for summary judgment. Upon due consideration,
the court finds as follows:
The plaintiff has withdrawn her objection to defendant’s Exhibit A, and the motion to
strike said exhibit is hereby DENIED as moot.
Defendant’s Exhibit C, the affidavit of Anthony Hill, will be considered as rebuttal
evidence in response to the plaintiff’s argument that the Tupelo Police Department has no female
members on its SWAT team. The court finds that the prejudice potentially suffered by the
defendant by the exclusion of this testimony outweighs the prejudice potentially suffered by the
plaintiff by its admission. See Hamburger v. State Farm Mut. Auto. Ins. Co., 361 F.3d 875, 883
(5th Cir. 2004). The plaintiff’s motion to strike Exhibit C is therefore DENIED.
SO ORDERED AND ADJUDGED this, the 8th day of March, 2012.

/s/ Neal Biggers
NEAL B. BIGGERS, JR.
UNITED STATES DISTRICT JUDGE