Nationwide Mutual Insurance Company v. Baptist et al

Filing 42

ORDER denying 37 Motion to Strike. Signed by Jane M Virden on 6/20/2013. (sef)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
DELTA DIVISION
NATIONWIDE MUTUAL INSURANCE COMPANY
VS.

PLAINTIFFS

CIVIL ACTION NO.: 2:12CV97-SA-JMV

FRED L. AND DEBBIE BAPTIST;
THE BANK OF NEW YORK MELLON,
FORMERLY KNOWN AS THE BANK OF
NEW YORK; BANK OF AMERICA;
WILSHIRE CREDIT CORPORATION;
AND JOHN DOES A-C

DEFENDANTS

ORDER
This matter is before the court on motion of the defendants, Fred and Debbie Baptist, to
strike plaintiff’s notice of supplemental pre-discovery disclosures of core information (#37).
For the reasons articulated by plaintiff's counsel in response to the motion - to include the fact
that it would certainly appear that initial disclosures were, in fact, made by plaintiff and the fact
that defendants never propounded any discovery at all to plaintiff - the court does not find the
motion to strike the notice of supplemental disclosure to be well taken. This is particularly so in
view of these defendants own rather abbreviated and generic initial disclosures (#17). Finally, as
relates to the admissibility of any particular evidentiary item, the same should be addressed via
an appropriate motion in limine or otherwise at trial.
IT IS, THEREFORE, ORDERED that the Defendants’ motions to strike (#37) is hereby
DENIED.
SO ORDERED, this the 20th day of June 2013.

/s/ Jane M. Virden
UNITED STATES MAGISTRATE JUDGE