Best

Best v. Virgil Smith

Good Law
United States District Court, Northern District of CaliforniaApril 26, 20214:19-cv-02252California791 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 7 BRIAN BEST, Case No. 4:19-cv-02252-YGR

Plaintiff, ORDER DENYING MOTION TO STRIKE AND

RESETTING MOTION FOR SUMMARY

v. JUDGMENT BRIEFING SCHEDULE

VIRGIL SMITH, Re: Dkt. Nos. 96, 100 Defendant.

Pro se plaintiff Brian Best filed a motion to strike defendant Virgil Smith’s motion for summary judgment. (See also Dkt. Nos. 96 (motion for summary judgment), 100 (motion to strike).) Having carefully considered the briefing, the motion to strike is DENIED. Mr. Best’s arguments are more appropriately included in an opposition to the pending motion for summary judgment, and otherwise present at this time no appropriate basis or ground for the striking of the pending motion for summary judgment. Moreover, a review of the docket confirms that the parties are engaged in discovery in this matter, and that several depositions are scheduled for April and May 2021. Because of the ongoing discovery, as…

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