Opinion
Case No. 6:04-cv-761-Orl-28DAB.
November 8, 2006
ORDER
This cause came on for consideration without oral argument on the following motion filed herein:
MOTION: PLAINTIFF'S MOTION FOR RECONSIDERATION ON MOTION TO STRIKE AFFIDAVIT OF FOREST McSURDY (Doc. No. 211)
FILED: November 1, 2006 THEREON it is ORDERED that the motion is DENIED.
The Court previously denied Plaintiff Acosta's Motion to Strike the Affidavit of Forest McSurdy by Order dated October 12, 2006. Doc. No. 198. The Motion to Strike was actually an opposition to the McSurdy affidavit that the Defendants submitted in support of their Motion for Summary Judgment, and Plaintiff's arguments went to the merits and inconsistencies of the affidavit, but was filed one week after the deadline for filing opposition to the summary judgment motion. No new grounds are asserted in the Motion to Reconsider and it is DENIED.
DONE and ORDERED.