Peck v. Midland Funding et al
MEMORANDUM DECISION denying 25 Motion to Strike Exhibit C to 20 Memorandum in Support of Motion. Signed by Judge Ted Stewart on 03/27/2012. (tls)
IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH
MEMORANDUM DECISION AND
ORDER DENYING DEFENDANTS’
MOTION TO STRIKE EXHIBIT C
TO THE MEMORANDUM IN
SUPPORT OF PLAINTIFF’S
MOTION FOR SUMMARY
MIDLAND FUNDING, LCC and
JOHNSON MARK, LLC
Case No. 2:11-CV-611 TS
This matter is before the Court on Defendants’ Motion to Strike Exhibit C to the
Memorandum in Support of Plaintiff’s Motion for Summary Judgment. 1 Defendant argues that
this exhibit is irrelevant to the instant matter and is highly prejudicial pursuant to Rule 403. 2
Rule 403 states “[t]he court may exclude relevant evidence if its probative value is substantially
outweighed by a danger of . . . unfair prejudice.” This rule provides no basis for striking the
exhibit from the pleadings. The Court is capable of excluding irrelevant or prejudicial evidence
Docket No. 25.
Fed. R. Evid. 403.
from its own consideration, and if this case proceeds to trial, Defendants’ may file a motion in
limine to exclude evidence at that time.
Based on the foregoing, it is hereby
ORDERED that Defendants’ Motion to Strike Exhibit C to the Memorandum in Support
of Plaintiff’s Motion for Summary Judgment (Docket No. 25) is DENIED.
DATED March 27, 2012.
BY THE COURT:
United States District Judge
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