Taylor v. Science Applications International Corporation
ORDER: Defendant shall file by March 29, 2013 a declaration or declarations authenticating the exhibits filed in support of its motion for summary judgment, particularly exhibits C through F. Plaintiff may file any objections to an authenticating declaration no later than April 5, 2013. Signed by Judge Marvin E. Aspen on 3/22/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
JOHN T. TAYLOR,
3:12 C 00119
Judge Marvin E. Aspen
In his response to the pending motion for summary judgment, Plaintiff argues in passing that
the documents submitted by Defendant are inadmissible. Rule 56(c), as amended in 2010,
authorizes the parties to submit “depositions, documents, . . . or other materials” to support their
factual assertions at the summary judgment stage, so long as the materials could “be presented in a
form that would be admissible” at trial. Fed. R. Civ. P. 56(c)(1)–(2). Plaintiff has not suggested
that Defendant’s exhibits are inauthentic or could not become admissible. Nonetheless, the Sixth
Circuit has emphasized that “unauthenticated documents do not meet the requirements” of Rule 56.
Alexander v. CareSource, 576 F.3d 551, 558–59 (6th Cir. 2009). Accordingly, we order Defendant
to file by March 29, 2013 a declaration or declarations authenticating the exhibits filed in support of
its motion, particularly exhibits C through F.
Plaintiff may file any objections to an authenticating declaration no later than April 5, 2013.
Marvin E. Aspen
United States District Judge
March 21, 2013
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