Free Order on Motion to Strike - District Court of Federal Claims - federal

Case 1:95-cv-00829-TCW

Document 251

Filed 05/16/2007

Page 1 of 1

In the United States Court of Federal Claims
No. 95-829C (Filed: May 16, 2007) ************************************* * * STERLING SAVINGS ASSOCIATION, * * Plaintiff, * * v. * * THE UNITED STATES, * * Defendant. * * ************************************* * ORDER On April 16, 2007, Defendant filed a motion to strike the March 28, 2007 declaration of expert witness Dr. Paul M. Horvitz. Plaintiff filed a response thereto on May 3, 2007. The Court received Defendant's reply in support of its motion on May 8, 2007. The Court has reviewed the parties' arguments, and notes that Plaintiff submitted Dr. Horvitz's declaration in response to Defendant's motion for summary judgment. The Court regards Dr. Horvitz's declaration to be the type of evidence contemplated by Rule 56(e) as appropriate in a response to a motion for summary judgement. Accordingly, Defendant's motion to strike is DENIED. IT IS SO ORDERED. s/Thomas C. Wheeler THOMAS C. WHEELER Judge