SRP Environmental, LLC v. Claremont Property Co.

Summary

The United States District Court for the Western District of Louisiana denied three motions to strike evidence submitted in connection with SRP Environmental, LLC’s motion for partial summary judgment. The court held that the challenged affidavits and reply exhibits were not subject to striking under Rule 12(f), emphasizing that motions to strike are disfavored and that factual and evidentiary disputes should generally be resolved on the merits.

Holdings

1. The McDuff affidavit was not stricken because McDuff had relevant knowledge based on his service as Executive Director of the Louisiana State Licensing Board for Contractors when he executed the affidavit and when the relevant work authorizations were entered.
2. The challenged portions of Megarity's affidavit were not stricken because the affidavit demonstrated personal knowledge and the scope of work performed was a disputed factual question inappropriate for resolution on a motion to strike.
3. The exhibits attached to SRP's reply were not stricken because the court determined that the evidence fell within the category of rebuttal or impeachment evidence and was within the court's discretion to consider.

Questions Presented

1. Whether the affidavit of former Louisiana State Licensing Board for Contractors Executive Director Michael McDuff should be stricken as irrelevant, unauthenticated, hearsay, or not based on personal knowledge.
2. Whether portions of Claremont President Keeley Megarity's affidavit should be stricken for lack of personal knowledge or evidentiary support.
3. Whether exhibits attached to SRP's reply memorandum should be stricken because they were allegedly improper new evidence submitted at the reply stage.

Disposition

other