IN THE UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

ANGELA DENISE NAILS, *

*

PLAINTIFF, * 1:06-CV-00737.WKW

*

vs. *

*

DOTHAN RESCUE MISSION, *

*

DEFENDANT. *

MOTION TO STRIKE

THE DEFENDANT, the Dothan Rescue Mission, moves the

Court to Strike Exhibits A, B, C, and D submitted in Support

of the Plaintiff s Objection to Recommendation  filed on or

about March 19, 2007. In support of this request, the

Defendant states:

1. Exhibit A is a collection of the Defendant s

Responses to Plaintiff s Written Discovery Request. 

2. This Court s Scheduling Order of November 1, 2006,

set March 1, 2007, as the deadline for all discovery in this

matter. 

3. To the extent that Exhibit A is an attempt to

dispute or request more discovery the deadline for such has

passed.

4. Exhibit B is a collection of letters from the

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Social Security Administration, Medicare and Medicaid cards,

and numerous computer printouts relating to the Americans

with Disabilities Act.

5. Exhibit C consists of a computer printout

concerning emergency shelter and a list of State grants

awarded to the City of Dothan. 

6. Exhibit D is a collection of computer printouts

apparently from the City of Dothan s website.

7. The Plaintiff failed to disclose any of the

information contained in Exhibits B, C, or D in her initial

disclosures

8. The Plaintiff failed to disclose any of the above

documents in her responses to the Defendant s Request for

Production. She also failed to describe any of the above

documents in her interrogatory responses. 

9. The Plaintiff never produced Exhibits B, C, or D

to the Defendant, nor disclosed them in any way before

including them as support for her Objection to

Recommendation.  

10. Exhibits B, C, and D have not been authenticated. 

11. Exhibits B, C, and D are irrelevant and immaterial

to the issues involved in this matter.

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12. With the exceptions of the cards in Exhibit B and

the emergency shelter printout in Exhibit C, the dates of

the letters and computer printouts show that all of Exhibits

B, C, and D were obtained after the March 1, 2007, discovery

deadline. 

13. The Defendant would be prejudiced if these

documents are considered because the documents were never

disclosed, are not authenticated, and are not relevant and

material. 

WHEREFORE the Defendant moves the Court TO STRIKE

Plaintiff s Exhibits A, B, C, and D in support of the

Plaintiff s Objection to Recommendation.  

HARDWICK, HAUSE, SEGREST & WALDING

BY: /s/ Kevin Walding 

Kevin Walding (WAL036)

BY: /s/ Patrick B. Moody 

Patrick B. Moody (MOO110)

Attorneys for Defendant

Post Office Box 1469

Dothan, Alabama 36302

Phone (334)794-4144

Fax (334)671-9330

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CERTIFICATE OF SERVICE

I hereby certify that, this date, I have served a copy

of this document on the following individual(s) and/or

attorney(s) of record by placing same in the United States

Mail in a properly addressed envelope with prepaid postage.

Angela Denise Nails

342 South Saint Andrews Street

Apartment 808

Dothan, Alabama 36301

This the 20th day of March, 2007.

 /s/ Kevin Walding 

Of Counsel

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