BAILEY-POTTS v. ALABAMA DEPARTMENT OF PUBLIC SAFETY, 3:11cv495-MHT. (2012)
Court: District Court, M.D. Alabama
Number: infdco20120222907
Visitors: 4
Filed: Feb. 21, 2012
Latest Update: Feb. 21, 2012
Summary: ORDER MYRON H. THOMPSON, District Judge. Defendant Alabama Department of Public Safety ("DPS") has filed a motion to strike portions of the filing of plaintiff Sherry Anne Bailey-Potts ("Bailey-Potts") in response to DPS's motion for summary judgment. Federal Rule of Civil Procedure 12(f) applies only to pleadings: "The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." DPS's motion to "strike" facts in a response to a mo
Summary: ORDER MYRON H. THOMPSON, District Judge. Defendant Alabama Department of Public Safety ("DPS") has filed a motion to strike portions of the filing of plaintiff Sherry Anne Bailey-Potts ("Bailey-Potts") in response to DPS's motion for summary judgment. Federal Rule of Civil Procedure 12(f) applies only to pleadings: "The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." DPS's motion to "strike" facts in a response to a mot..
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ORDER
MYRON H. THOMPSON, District Judge.
Defendant Alabama Department of Public Safety ("DPS") has filed a motion to strike portions of the filing of plaintiff Sherry Anne Bailey-Potts ("Bailey-Potts") in response to DPS's motion for summary judgment.
Federal Rule of Civil Procedure 12(f) applies only to pleadings: "The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." DPS's motion to "strike" facts in a response to a motion for summary judgement is not a request to strike material from a pleading. Mann v. Darden, 2009 WL 2019588 (M.D. Ala. July 6, 2009). Nevertheless, in resolving DPS's summary-judgment motion, the court has implicitly considered the motion to strike as, instead, an objection to the evidence offered by Bailey-Potts. The court is capable of sifting through the evidence, as required by the summary-judgment process, without resort to a motion process.
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Accordingly, it is ORDERED that defendant Alabama Department of Public Safety's motion to strike (Doc. No. 24) is denied.
Source: Leagle
