Best v. Merchant

What the Court Ordered

During a May 21, 2025 conference, the court granted the defendants leave to file a proposed motion for summary judgment. Summary judgment is a request for a decision without a trial when the movant argues that the undisputed facts require judgment in its favor. The defendants’ motion and supporting materials are due by August 8, 2025.

Best’s opposition and supporting materials are due five weeks after the defendants serve their motion. Any reply by the defendants is due three weeks after service of Best’s opposition. The court warned that if Best does not timely file opposition papers, it will rule on the motion as unopposed. The order does not rule on the merits of the future summary-judgment motion.

Other Motions

The court denied Best’s motion for an additional extension of fact discovery. It also denied Best’s motion for reconsideration of the court’s earlier decision denying additional document discovery. The court stated that Best could submit a reconsideration application supported by evidence that Best was incapacitated during the period identified in the order; that application was due no later than May 23, 2025. The order states that period as “between April 19, 2025 and March 30, 2025.”

Appeal and Service

Under 28 U.S.C. § 1915(a)(3), the court certified that an appeal from this order would not be taken in good faith and denied permission to appeal without paying the required filing fees. The defendants were directed to serve Best with the order and keep proof of service. The Clerk of Court was directed to mail Best a copy by certified mail.

Disposition

The court granted the defendants leave to file a summary-judgment motion, denied Best’s motion for an additional extension of fact discovery, denied Best’s motion for reconsideration, and denied permission to proceed without paying the appeal fee. Judge Gregory H. Woods signed the order on May 21, 2025.