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)
Download PDF
<![CDATA[
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
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
