Opinion
No. 3-O1-CV-1862-H
April 24, 2002
ORDER
Defendants NYLCare filed separate objections to two affidavits from Alan Scoggins, the former Vice-President of Operations for Plaintiff Texas True Choice, Inc. ("TTC"). NYLCare objects to the affidavit submitted by TTC in support of its motion to remand. Aetna objects to a second affidavit attached to TTC's reply brief. After these objections were filed, the Court allowed defendants to depose Scoggins regarding the issues raised in his affidavits. This deposition is also before the Court as an exhibit to NYLCare's sur-response in opposition to TTC's motion to remand. Having reviewed Scoggins' deposition testimony, the Court has not found it necessary to rely on either of his prior affidavits. Accordingly, NYLCare's and Aetna's objections to this evidence are overruled as moot.
SO ORDERED.