MUJICA v. BERKSHIRE PROPERTY ADVISORS, LLC, 6:14-cv-2124-Orl-40KRS. (2015)
Court: District Court, M.D. Florida
Number: infdco20151013b05
Visitors: 10
Filed: Oct. 09, 2015
Latest Update: Oct. 09, 2015
Summary: ORDER THOMAS B. SMITH , Magistrate Judge . This cause came on for consideration without oral argument on the following motion filed herein: MOTION: DEFENDANT'S MOTION TO STRIKE AFFIDAVIT OF LILIANA MUJICA (Doc. No. 25) FILED: October 8, 2015 THEREON it is ORDERED that the motion is DENIED. Defendant Berkshire Property Advisors, LLC, moves this Court to strike the affidavit of Plaintiff Liliana Mujica (Doc. No. 24) pursuant to Federal Rule of Civil Procedure 12(f). Doc. No. 25, at
Summary: ORDER THOMAS B. SMITH , Magistrate Judge . This cause came on for consideration without oral argument on the following motion filed herein: MOTION: DEFENDANT'S MOTION TO STRIKE AFFIDAVIT OF LILIANA MUJICA (Doc. No. 25) FILED: October 8, 2015 THEREON it is ORDERED that the motion is DENIED. Defendant Berkshire Property Advisors, LLC, moves this Court to strike the affidavit of Plaintiff Liliana Mujica (Doc. No. 24) pursuant to Federal Rule of Civil Procedure 12(f). Doc. No. 25, at ..
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ORDER
THOMAS B. SMITH, Magistrate Judge.
This cause came on for consideration without oral argument on the following motion filed herein:
MOTION: DEFENDANT'S MOTION TO STRIKE AFFIDAVIT OF LILIANA MUJICA (Doc. No. 25)
FILED: October 8, 2015
THEREON it is ORDERED that the motion is DENIED.
Defendant Berkshire Property Advisors, LLC, moves this Court to strike the affidavit of Plaintiff Liliana Mujica (Doc. No. 24) pursuant to Federal Rule of Civil Procedure 12(f). Doc. No. 25, at 1. Motions to strike under that rule, however, "are only appropriately addressed to matters contained in the pleadings." not to affidavits submitted in relation to a motion for summary judgment. Polite v. Dougherty Cnty. Sch. Sys., 314 F. App'x 180, 184 n.7 (11th Cir. 2008) (unpublished opinion cited as persuasive authority). Rather, the proper procedure is to object to the evidence as provided by Federal Rule of Civil Procedure 56(c)(1)(B)(2) in the responsive memorandum or reply brief. See Cohen v. Dekalb Cty. Sch. Dist., No. 1:09-cv-1153-WSD, 2009 U.S. Dist. LEXIS 110078, at *6-7 (N.D. Ga. Nov. 25, 2009). Copies furnished to Counsel of Record
DONE and ORDERED.
Source: Leagle
