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Gray v. City of Dothan

United States District Court, M.D. Alabama, Southern Division

May 26, 2015

IVAN KEITH GRAY, Plaintiff,
v.
CITY OF DOTHAN, Defendant.

ORDER

MYRON H. THOMPSON, District Judge.

It is ORDERED as follows:

(1) The defendant's motion to strike (doc. no. 50) is denied.

(2) However, to the extent the defendant is merely objecting to the admissibility of evidence, the plaintiff is allowed until June 5, 2015, to respond.

In resolving the pending summary-judgment motion, the court has implicitly considered the motion to strike as a notice of objections to the testimony described. See Norman v. Southern Guar. Ins. Co., 191 F.Supp.2d 1321, 1328 (M.D. Ala. 2002); Anderson v. Radisson Hotel Corp., 834 F.Supp. 1364, 1368 n. 1 (S.D. Ga. 1993). The court is capable of sifting evidence, as required by the summary-judgment standard, without resort to an exclusionary process, and the court will not allow the summary-judgment stage to degenerate into a battle of motions to strike. Rather, as is apparent from this order, the court will entertain briefs on the admissibility of evidence.


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