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Combs v. Cordish Companies, Inc.

United States District Court, Western District of Missouri, Western Division

February 3, 2015

DANTE A.R. COMBS, individually and on behalf of all others similarly situated, and ADAM S. WILLIAMS, individually and on behalf of all others similarly situated, Plaintiffs,
v.
THE CORDISH COMPANIES, INC., et al., Defendants.

ORDER AND OPINION DENYING DEFENDANTS’ MOTION TO STRIKE

ORTRIE D. SMITH, SENIOR JUDGE UNITED STATES DISTRICT COURT.

Plaintiffs have filed a Motion for Class Certification, which has spawned a subsidiary battleground: Defendants have filed a Motion to Strike in which they ask the Court to strike all of the Exhibits Plaintiffs have proffered in support of their Motion for Class Certification. The Motion to Strike (Doc. # 95) is denied.

I. BACKGROUND

There are seven exhibits attached to the Motion for Class Certification. For various reasons Defendants believe that all of them should be struck in their entirety.

Exhibit A An affidavit from counsel setting forth her background and work on this case. The exhibit is undoubtedly offered to satisfy the requirements of Rule 23(a)(4) and Rule 23(g).

Exhibit B An affidavit from counsel describing the deposition testimony offered by Christina Martinez in an action pending in state court captioned Cusimano v. Louge KC, LLC, et al.. Excerpts from Martinez’s deposition are included as part of Exhibit B.

Exhibit C A similar combination to Exhibit B, involving the deposition testimony of Victoria Rush.

Exhibit D A similar combination to Exhibit B, involving the deposition testimony of Jim Carr.

Exhibit E An affidavit from Garron Williams prepared for this case.

Exhibit F An affidavit from Glen Cusimano prepared for this case.

Exhibit G An affidavit from counsel describing the affidavit of Tom Alexitch.

Alexitch’s affidavit is included as part of Exhibit G.

II. DISCUSSION

A. The Attorneys’ ...


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