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EARL WASHINGTON, JR., Plaintiff, v. KENNETH H. BURAKER, CHARLES JONES, HARLAN LEE HART, GARY L. CLOSE, TERRY SCHRUM, CURTIS REESE WILMORE, LUTHER COX, DENNY A. ZEETS, TOWN OF CULPEPER, VIRGINIA, FAUQUIER COUNTY, VIRGINIA, MARY L JONES, Personal Representati

ORDER

NORMAN MOON, District Judge

The Court has before it Defendants Wilmore, Buraker, Hart, Jones, Schrum, Zeets, Cox and Town of Culpeper's ("Defendants") Motion to Strike Certain Exhibits Accompanying the Affidavit of Debroah L. Cornwall, filed March 15, 2004, and Plaintiff Earl Washington Jr.'s ("Washington") Motion for Leave to File a Reply Brief in Further Opposition to Defendants' Motions for Qualified Immunity, filed March 29, 2004.

All of the exhibits accompanying Washington's Supplemental Brief in Opposition to Qualified Immunity Motions, filed March 8, 2004, are attached to the affidavit of Deborah L. Cornwall. Defendants move to strike Washington's Exhibit Nos. 3, 9, 10, 12, 13 (Bates Nos. Z0002 and Z0005 only), 15, 16, 17, 18, 20, 21, 22 (Bates No. CUL02117 only), 23, 24, 25, 27, 29, 34, 35, 37, 38, 41, 42, 43 and 45. Defendants argue that none of these documents are self-authenticating, and they have not been verified by anyone with personal knowledge of their authenticity. The Court finds that these documents were properly authenticated by their production during the discovery process. See First Nat'l Bank Co. of Clinton, Ill. v. Ins. Co. of N. America, 606 F.2d 760, 766 (7th Cir. 1979) (affirming lower court's finding that production of documents in discovery authenticated them for summary judgment); 31 Charles Alan Wright Victor James Gold, FEDERAL PRACTICE AND PROCEDURE § 7105 (2000) ("Authentication can also be accomplished through judicial admissions such as . . . production of items in response to a . . . [a] discovery request."). Accordingly, Defendants' Motion to Strike is DENIED.

Washington, in his Motion for Leave to File a Reply Brief, seeks to file an additional supplemental reply brief and an additional eleven exhibits in opposition to Defendants' motions for summary judgment. Washington has taken advantage of previous opportunities to file several briefs in opposition to Defendants' motions for summary judgment, and these motions have been throughly briefed. Accordingly, Washington's Motion for Leave to File a Reply Brief in Further Opposition to Defendants' Motions for Qualified Immunity is DENIED.

It is so ORDERED.

The Clerk of the Court is directed to send a certified copy of this Order to all counsel of record.

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WASHINGTON v. BURAKER
(Jun 23, 2004)