Phyllis Schafly Revocable Trust et al v. Cori et al
Filing
44
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants' Motion to Strike or Exclude the Declaration of John Schlafly (Doc. No. 18 ) is DENIED as moot.. Signed by District Judge John A. Ross on 2/3/17. (JAB)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
PHYLLIS SCHLAFLY REVOCABLE
TRUST, et al.,
Plaintiffs,
v.
ANNE CORI, et al.,
Defendants.
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No. 4:16CV01631 JAR
MEMORANDUM AND ORDER
Before the Court is Defendants' Motion to Strike or Exclude the Declaration of John
Schlafly. (Doc. No. 18). Defendants argue that John Schlafly's declaration (Doc. No. 7-1) is not
based on personal knowledge, but on speculation, and requests the Court strike the declaration from
the record. Plaintiffs did not file a response in opposition.
John Schlafly's declaration is attached as an exhibit to Plaintiffs' Emergency Motion For
Temporary Restraining Order and Preliminary Injunction, filed on November 3, 2016. (Doc. No.
7). Defendants filed a memorandum in opposition to Plaintiffs' motion on November 7, 2016, and
the Court heard oral argument on the motion the same day. On November 9, 2016, the Court
denied Plaintiffs' motion for a temporary restraining order. (Doc. No. 27). Although the instant
motion is unopposed, the Court finds that the motion is moot and should be denied. John Schlafly's
declaration was appended to Plaintiffs' motion and used as evidence in support of their request for a
temporary restraining order.
The Court has since denied Plaintiffs' motion for temporary
restraining order, and finds that the pending motion to strike is moot.
Accordingly,
IT IS HEREBY ORDERED that Defendants' Motion to Strike or Exclude the Declaration
of John Schlafly (Doc. No. 18) is DENIED as moot.
Dated this
3rd
day of February, 2017.
J
~.ROSS
EDSTATES DISTRICT JUDGE
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