Posey v. Sandy Sansing Brookhaven, LLC

Filing 13

ORDER denying 10 Motion to Strike 3 MOTION for Summary Judgment Signed by Honorable David C. Bramlette, III on 3/23/2016 (ECW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
MIKE POSEY

PLAINTIFF

VS.

CIVIL ACTION NO: 5:15-cv-103(DCB)(MTP)

SANDY SANSING BROOKHAVEN, LLC

DEFENDANT
ORDER

This cause is before the Court on the plaintiff Mike Posey’s
Motion to Strike (docket entry 10) the defendant Sandy Sansing
Brookhaven, LLC’s Motion for Summary Judgment (docket entry 9).
The Court, having carefully considered the plaintiff’s motion and
the defendant’s response, finds as follows:
This action was originally filed in the Circuit Court of
Lincoln County, Mississippi, and removed to this Court by the
defendant.

The defendant’s Notice of Removal asserts that the

plaintiff is a Mississippi citizen, that the defendant is a Florida
limited liability company, and that the amount in controversy
exceeds $75,000.
The plaintiff claims that the defendant owes him a year’s
worth of salary at $15,000 per month.

The defendant contends that

plaintiff’s employment was terminable at will, and cites the
plaintiff’s Employment Application, as well as the plaintiff’s
Acknowledgment of Receipt of Employment Policy Manual, At-Will
Employment

Status

and

Probationary

Employment

Period.

These

documents are also attached as exhibits to the defendant’s Motion

for Summary Judgment.
The plaintiff moves to strike the defendant’s exhibits, on
grounds that they are not supported by affidavits or otherwise
authenticated.

The defendant has now properly authenticated the

exhibits (docket entry 12, exhibit A).

The Court shall therefore

deny the plaintiff’s motion to strike and order plaintiff to
respond to the defendant’s motion for summary judgment.
Accordingly,
IT IS HEREBY ORDERED that plaintiff Mike Posey’s Motion to
Strike (docket entry 10) is DENIED;
FURTHER ORDERED that plaintiff shall file his response and
supporting memorandum brief in opposition to the defendant’s Motion
for Summary Judgment within fourteen days from the date of entry of
this Order.

Defendant may file a rebuttal within seven days from

service of the plaintiff’s response and memorandum brief.
SO ORDERED AND ADJUDGED, this the 23rd day of March, 2016.

/s/ David Bramlette
UNITED STATES DISTRICT JUDGE

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