Opinion
Case No. 01-14248-CIV-MOORE
November 6, 2002
ORDER
THIS CAUSE came before the Court upon Defendant St. Lucie County's Motion to Strike Plaintiffs Cross Motion for Summary Judgment Against City of Port St. Lucie and Motion for Summary Judgment Against St. Lucie County and the Affidavit of Daniel Kreiser Filed in Support Thereof (DE # 69).
UPON CONSIDERATION of the motion and the pertinent portions of the record, and being otherwise fully advised in the premises, it is
ORDERED AND ADJUDGED that Defendant St. Lucie County's Motion to Strike Plaintiff's Cross Motion for Summary Judgment Against City of Port St. Lucie and Motion for Summary Judgment Against St. Lucie County and the Affidavit of Daniel Kreiser Filed in Support Thereof (DE # 69) is GRANTED IN PART.
IT IS FURTHER ORDERED that Plaintiff's Cross Motion for Summary Judgment Against City of Port St. Lucie and Summary Judgment Against St. Lucie County (DE # 60) is STRICKEN from the record where it was not timely filed and it is duplicative of Plaintiff's prior filed Motion for Cross Motion for Summary Judgment Against the City of Port St. Lucie and St. Lucie County (DE #46).
IT IS FURTHER ORDERED that Plaintiff's Cross Motion for Summary Judgment Against City of Port St. Lucie and Summary Judgment Against St. Lucie County (DE # 63) is STRICKEN from the record where it was not timely filed and it is duplicative of Plaintiffs prior filed Motion for Cross Motion for Summary Judgment Against the City of Port St. Lucie and St. Lucie County (DE # 46).
IT IS FURTHER ORDERED that Plaintiff's Response to Defendant St. Lucie County's Motion for Summary Judgment and Renew Cross Motion for Summary Judgment Against (DE # 75) is STRICKEN from the record ONLY to the extent that Plaintiff moves for summary judgment again. The Court will consider the arguments presented in that pleading as they relate to Plaintiff's response to St. Lucie County's motion.
IT IS FURTHER ORDERED that Plaintiff's Motion for Partial Summary Judgment or Alternatively to Strike Defendant City of Port St. Lucie's Affirmative Defenses and Memorandum of Law (DE # 27) is DENIED.
IT IS FURTHER ORDERED that Defendant St. Lucie County's Motion to Strike Plaintiff's Cross Motion for Summary Judgment Against City of Port St. Lucie and Motion for Summary Judgment Against St. Lucie County and the Affidavit of Daniel Kreiser Filed in Support Thereof (DE # 69) is DENIED to the extent Defendant seeks to strike the Affidavit of Daniel Kreiser.