Best v. Virgil Smith

Background

Brian Best, who was representing himself, moved to strike Virgil Smith’s pending motion for summary judgment. Summary judgment is a procedure that can end a case without a trial when the evidence shows there is no genuine dispute about a fact that could affect the result.

Court’s Analysis

The court concluded that Best’s arguments were more appropriately presented in his opposition to the summary-judgment motion. The court found no proper basis at that time for striking Smith’s motion. The court also noted that the parties were still conducting discovery and that several depositions were scheduled for April and May 2021.

Because discovery was ongoing and Best was representing himself, the court reset the briefing schedule. Best’s opposition was due June 18, 2021; Smith’s reply was due July 9, 2021; and the motion was scheduled for hearing on July 27, 2021, at 2:00 p.m. Pacific time.

Notice to Best

The court provided the notice required for self-represented plaintiffs opposing summary judgment. It explained that Best could not rely only on his complaint and generally needed to submit specific supporting facts through materials such as declarations, deposition testimony, interrogatory answers, or authenticated documents. The court warned that failing to submit evidence could result in summary judgment for Smith and end the case without a trial. The court also referred Best to the district court’s handbook and Legal Help Center.

Disposition

Judge Yvonne Gonzalez Rogers denied Best’s motion to strike. The court reset the summary-judgment briefing schedule and terminated Docket Number 100. The order did not rule on the pending summary-judgment motion or decide the merits of the underlying dispute.