Lout v. Jovanovich et al

Filing 79

ORDER denying 78 Motion to Strike. Signed by Magistrate Judge John Johnston on 1/10/2017. Mailed to Lout (TAG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
JEFFERY J. LOUT,

CV 15-00055-H-DLC-JTJ

Plaintiff,
vs.

ORDER

ROXANNE TUSS, et al.,
Defendants.
Plaintiff Jeffery Lout has filed a document entitled “Plaintiff Notice of
Objecting to Defendants’ Discovery Disclosures; Privileged and Unprivileged
Document as a Motion to Strike pursuant to F.R.Civ.P. 12(f), to Exclude as
Inadmissable pursuant to F.R.Evid: 105, 401, 402 and 403.” (Doc. 78.) Mr. Lout
objects to the admissibility of documents disclosed by Defendants in discovery.
The Court will not determine issues of admissibility at this stage in of the
litigation. No discovery documents have been filed and a trial date has not even
been set in this matter. Under the Court’s August 1, 2016 Scheduling Order, the
parties were required to produce all documents that may be used in proving or
denying any party’s claims or defenses. (Doc. 49 at 3.) Just because documents
are produced in discovery does not mean that they will be admissible at trial.
ACCORDINGLY, IT IS HEREBY ORDERED THAT Mr. Lout’s Motion to
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Strike (Doc. 78) is DENIED.
DATED this 10th day of January 2017.

/s/ Jahn Johnston
John Johnston
United States Magistrate Judge

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