Peck v. Midland Funding et al

Filing 31

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
CENTRAL DIVISION

JACKIE PECK
Plaintiff,

MEMORANDUM DECISION AND
ORDER DENYING DEFENDANTS’
MOTION TO STRIKE EXHIBIT C
TO THE MEMORANDUM IN
SUPPORT OF PLAINTIFF’S
MOTION FOR SUMMARY
JUDGMENT

vs.
MIDLAND FUNDING, LCC and
JOHNSON MARK, LLC

Case No. 2:11-CV-611 TS

Defendants.

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

1

Docket No. 25.

2

Fed. R. Evid. 403.
1

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:

_____________________________________
TED STEWART
United States District Judge

2