Opinion
Case No. 2:00-CV-86 TC
December 16, 2003
ORDER
Defendants Teen Help, World Wide Association of Specialty Programs, R B Billing, Dixie Contract Services, Robert Lichfield, Karr Farnsworth, and Brent Facer filed a Motion for Summary Judgment. They also filed a motion to strike Plaintiffs Opposition to Motion for Summary Judgment on the basis that it was filed late, was over-length, and contained impertinent and scandalous material. (See Defs.' Reply Mem. in Support of Summ. J. at 9-10.)
The court finds that the Plaintiffs reference to World Wide Association of Specialty Programs in the Opposition Memorandum, as highlighted in the Defendants' motion to strike, is impertinent and scandalous. Accordingly, pursuant to Federal Rule of Civil Procedure 12(f), that particular material in Plaintiffs Opposition Memorandum is HEREBY ORDERED stricken from the record. The court, however, declines to strike the entire Opposition Memorandum. Defendants' Motion to Strike is GRANTED IN PART and DENIED IN PART.
Also, for the reasons set forth at the close of the December 16, 2003 hearing on Defendants' Motion for Summary Judgment, Defendants' Motion is GRANTED.
IT IS SO ORDERED.
JUDGMENT IN A CIVIL CASE
This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.
IT IS ORDERED AND ADJUDGED
That judgment be granted in favor of the Teen Help Defendants; case is dismissed.