Rigg v. Continental Casualty Co.

Full title: NICOLE RIGG, Plaintiff, v. CONTINENTAL CASUALTY COMPANY, et al, Defendants.

Court: United States District Court, Ninth Circuit, California, N.D. California, San Jose Division

Date published: May 5, 2004

C 03-00296 PVT (N.D. Cal. May. 5, 2004)

Opinion

NICOLE RIGG, Plaintiff, v. CONTINENTAL CASUALTY COMPANY, et al, Defendants. No. C 03-00296 PVT United States District Court, N.D. California, San Jose Division. May 5, 2004

          ORDER DENYING MOTION TO STRIKE DECLARATION

          PATRICIA TRUMBULL, Magistrate Judge.

         On February 17, 2004, Defendants filed a Motion to Strike the Declaration of Nicole Rigg in Support of Plaintiff's Opposition to Defendants' Cross-Motion for Summary Judgment.¹ Based on the moving papers and the file herein,

1 The holding of this court is limited to the facts and the particular circumstances underlying the present motion.

         IT IS HEREBY ORDERED that Defendants' motion to strike is DENIED. Defendants failed to properly notice the motion pursuant to Civil Local Rule 7-2(a). In any event, striking the declaration would not affect the court's decision on Defendants' motion for summary judgment.