Ford v. City of Goodwater, Alabama, et al., No. 2:2012cv01094 - Document 38 (M.D. Ala. 2013)

Court Description: OPINION AND ORDER directing that defendant Jonathan Pitts's motion to strike (Doc. No. 29 ) is denied.. Signed by Honorable Judge Myron H. Thompson on 11/21/13. (scn, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION BRIAN KEITH FORD, ) ) Plaintiff, ) ) v. ) ) CITY OF GOODWATER, JONATHAN ) PITTS, and GERALD WHETSTONE,) ) Defendants. ) CIVIL ACTION NO. 2:12cv1094-MHT (WO) OPINION AND ORDER Defendant Jonathan Pitts has filed a motion to strike several affidavits offered in which response to plaintiff Pitts s Brian motion Keith for Ford summary judgment. Federal Rule of Civil Procedure 12(f) applies only to pleadings: The insufficient court defense may or strike any from a redundant, pleading an 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. 2d Norman v. Southern Guar. Ins. Co., 191 F. Supp. 1321, 1327-28 Nevertheless, in (M.D. Ala. resolving 2002) Pitts s (Thompson, J). summary-judgment motion, the court will implicitly consider the motion to strike as, instead, an objection to the evidence offered See Fed. R. Civ. P. 56(c)(2) ( A party may by Ford. object that the material cited to support or dispute a fact cannot admissible in be presented in evidence. ). a The form that court is would be capable of sifting through the evidence, as required by the summaryjudgment process, without resort to an exclusionary process. *** Accordingly, it is ORDERED that defendant Jonathan Pitts s motion to strike (Doc. No. 29) is denied. DONE, this the 21st day of November. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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