Securities and Exchange Commission v. Temme et al

Filing 304

MEMORANDUM OPINION AND ORDER. the Court finds Defendants Objections to Declaration of Keith Miles Aurzada and Motion to Strike (Dkt. #222), Objection to and Motion to Strike Portions of the Declaration of Keith Willingham (Dkt. #240), and Objection to and Motion to Strike the Declaration of John Henry (Dkt. #241) are DENIED as moot. Signed by Magistrate Judge Amos L. Mazzant on 1/2/14. (cm, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

SECURITIES AND EXCHANGE
COMMISSION
v.
JAMES G. TEMME and STEWARDSHIP
FUND, LP

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CASE NO. 4:11-CV-655
Judge Clark/Judge Mazzant

MEMORANDUM OPINION AND ORDER
Pending before the Court are Defendant’s Objections to Declaration of Keith Miles
Aurzada and Motion to Strike (Dkt. #222), Objection to and Motion to Strike Portions of the
Declaration of Keith Willingham (Dkt. #240), and Objection to and Motion to Strike the
Declaration of John Henry (Dkt. #241).
In separate Report and Recommendation issued contemporaneously with this Order, the
Court recommended that Plaintiff’s motion for summary judgment be denied because Plaintiff
failed to meet its burden to show that there are no issues of material fact and that it was entitled
to judgment as a matter of law. In light of this recommendation, the Court finds that these three
motions to strike either party’s summary judgment evidence are moot in light of the Court’s
recommendation.1
CONCLUSION
Based on the foregoing, the Court finds Defendant’s Objections to Declaration of Keith
Miles Aurzada and Motion to Strike (Dkt. #222), Objection to and Motion to Strike Portions of

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The Court thoroughly reviewed all motions to strike. After reviewing Plaintiff’s motions, the Court determined
that there is merit to some of the arguments made by Plaintiff and the Court would have granted some of the relief
requested. Specifically, the Court would have stricken the declaration of John Henry and its exhibit, as well as
portions of the declaration of Keith Willingham. However, striking this evidence would not change the result of the
Court’s recommendation on the motion for summary judgment, as there are still existing issues of material fact that
must be resolved by a jury. As such, the motions are moot.

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the Declaration of Keith Willingham (Dkt. #240), and Objection to and Motion to Strike the
Declaration of John Henry (Dkt. #241) are DENIED as moot.
IT IS SO ORDERED.
SIGNED this 2nd day of January, 2014.

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AMOS L. MAZZANT
UNITED STATES MAGISTRATE JUDGE