Peck v. Midland Funding et al, No. 2:2011cv00611 - Document 31 (D. Utah 2012)

Court Description: MEMORANDUM DECISION denying 25 Motion to Strike Exhibit C to 20 Memorandum in Support of Motion. Signed by Judge Ted Stewart on 03/27/2012. (tls)
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IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION JACKIE PECK Plaintiff, MEMORANDUM DECISION AND ORDER DENYING DEFENDANTS MOTION TO STRIKE EXHIBIT C TO THE MEMORANDUM IN SUPPORT OF PLAINTIFF S MOTION FOR SUMMARY JUDGMENT vs. MIDLAND FUNDING, LCC and JOHNSON MARK, LLC Case No. 2:11-CV-611 TS Defendants. This matter is before the Court on Defendants Motion to Strike Exhibit C to the Memorandum in Support of Plaintiff s Motion for Summary Judgment. 1 Defendant argues that this exhibit is irrelevant to the instant matter and is highly prejudicial pursuant to Rule 403. 2 Rule 403 states [t]he court may exclude relevant evidence if its probative value is substantially outweighed by a danger of . . . unfair prejudice. This rule provides no basis for striking the exhibit from the pleadings. The Court is capable of excluding irrelevant or prejudicial evidence 1 Docket No. 25. 2 Fed. R. Evid. 403. 1 from its own consideration, and if this case proceeds to trial, Defendants may file a motion in limine to exclude evidence at that time. Based on the foregoing, it is hereby ORDERED that Defendants Motion to Strike Exhibit C to the Memorandum in Support of Plaintiff s Motion for Summary Judgment (Docket No. 25) is DENIED. DATED March 27, 2012. BY THE COURT: _____________________________________ TED STEWART United States District Judge 2