Adams v. The City of Montgomery, No. 2:2010cv00924 - Document 71 (M.D. Ala. 2012)

Court Description: OPINION AND ORDER that defendant City of Montgomery's 49 Motion to Strike is denied as further set out in the order. Signed by Honorable Judge Myron H. Thompson on 4/24/2012. (dmn, )
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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION WILLIE ADAMS, ) ) ) ) ) ) ) ) ) Plaintiff, v. THE CITY OF MONTGOMERY, Defendant. CIVIL ACTION NO. 2:10cv924-MHT (WO) OPINION AND ORDER 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, impertinent, or scandalous matter. immaterial, 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 2019588 (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. R. Civ. P. 56(c)(2) ( A party may object See Fed. that the material cited to support or dispute a fact cannot be presented in evidence. ). a form that would be admissible in The court is capable of sifting through the evidence, as required by the summary-judgment process, without resort to an exclusionary process. *** Accordingly, it is ORDERED that defendant City of Montgomery s motion to strike (Doc. No. 49) is denied. DONE, this the 24th day of April, 2012. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE