Content text DEFENDANT’S MOTION TO STRIKE WITHDRAWN AFFIDAVIT OF CAPTAIN DELINFO CORTEZ.pdf
Sworn Affidavit of Revocation of Captain Delinfo Cortez, dated September 25, 2025 (The document formally withdrawing the September 24, 2025 affidavit). (A downloadable PDF copy will be sent below the filing of this motion). Plaintiff’s Complaint, specifically referencing and attaching the two separate documents labeled "Exhibit B" (the revoked affidavit and the Internal Affairs Complaint Form) WHEREFORE, Defendant respectfully requests that this Honorable Court grant this Motion to dismiss, order Plaintiff to: a) Striking the affidavit of Captain Delinfo Cortez executed September 24, 2025, from the record; b) Restricting Plaintiff from referencing the revoked affidavit in any pleadings, motions, or at trial; c) Ordering the Plaintiff to correct the duplicative exhibit labeling to avoid further confusion (without the revoked affidavit); and d) Granting such further relief as the Court deems just and proper.