Best
Best v. Virgil Smith
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…