ADAMS v. CITY OF MONTGOMERY, 2:10cv924-MHT. (2012)
Court: District Court, M.D. Alabama
Number: infdco20120425b79
Filed: Apr. 24, 2012
Latest Update: Apr. 24, 2012
Summary: OPINION AND ORDER MYRON H. THOMPSON, District Judge. Defendant City of Montgomery has filed a motion to strike portions of plaintiff Willie Adams's response to the 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." Defendant's motion to "strike" evidence in a response to a motion for summary judgement is not a request to st
Summary: OPINION AND ORDER MYRON H. THOMPSON, District Judge. Defendant City of Montgomery has filed a motion to strike portions of plaintiff Willie Adams's response to the 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." Defendant's motion to "strike" evidence in a response to a motion for summary judgement is not a request to str..
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OPINION AND ORDER
MYRON H. THOMPSON, District Judge.
Defendant City of Montgomery has filed a motion to strike portions of plaintiff Willie Adams's response to the 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." Defendant's motion to "strike" evidence in a response to a motion for summary judgement is not a request to strike material from a pleading. Mann v. Darden, 2009 WL '588 (M.D. Ala. July 6, 2009). Nevertheless, in resolving the defendant's summary-judgment motion, the court has implicitly considered the motion to strike as, instead, an objection to the evidence offered by Adams. See Fed. R. Civ. P. 56(c)(2) ("A party may object that the material cited to support or dispute a fact cannot be presented in a form that would be admissible in evidence."). The court is capable of sifting through the evidence, as required by the summary-judgment process, without resort to an exclusionary process.
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Accordingly, it is ORDERED that defendant City of Montgomery's motion to strike (Doc. No. 49) is denied.
Source: Leagle
