Christopher Bailey v. Scoutware, LLC

Christopher James Bailey appeals the district court’s order granting in part and denying in part his motion for attorney fees and costs. In support of his appeal, Bailey filed an affidavit from one of his attorneys. The defendant, Scoutware, LLC, has moved to strike the affidavit and to recover fees and costs associated with filing the motion to strike. Because eoun- sel’s affidavit is not part of the district court record and there are no special circumstances that would warrant supplementing the record with the affidavit, we grant the motion to strike, see United States v. Murdock, 398 F.3d…