Securities and Exchange Commission v. Mapp, III et al

Filing 139

MEMORANDUM OPINION AND ORDER re 121 MOTION to Strike Plaintiff's Summary Judgment Evidence filed by William E Mapp, III. Defendants Motion to Strike Plaintiffs Summary Judgment Evidence is DENIED as moot. Signed by District Judge Amos L. Mazzant, III on 11/8/2017. (cm, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

SECURITIES AND EXCHANGE
COMMISSION

§
§
§
§
§
§
§

v.
WILLIAM E. MAPP, III

Civil Action No. 4:16-CV-00246
Judge Mazzant

MEMORANDUM OPINION AND ORDER
Pending before the Court are Defendant William E. Mapp, III’s Motion to Strike Plaintiff’s
Summary Judgment Evidence (Dkt. #121).
In separate Memorandum Opinion and Order issued contemporaneously with this Order,
the Court found that Plaintiff’s motion for summary judgment should be denied as to all claims,
except as to the issue of integration, 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 holding, the Court finds that these this motion to strike Plaintiff’s summary judgment evidence
is moot in light of the Court’s Order.1
CONCLUSION
Based on the foregoing, the Court finds Defendant’s Motion to Strike Plaintiff’s Summary
Judgment Evidence (Dkt. #121) is DENIED as moot.
IT IS SO ORDERED.

The Court reviewed Defendant’s motion to strike. However, striking this evidence would not change the result of
the Court’s order 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 motion is moot.
1

SIGNED this 8th day of November, 2017.

___________________________________
AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE