Opinion
Case No. 01-2326-JWL.
February 1, 2001.
MEMORANDUM AND ORDER
Plaintiff, appearing pro se, filed suit against defendant, his former employer, alleging that defendant discriminated against plaintiff on the basis of his race in violation of Title VII of the Civil Rights Act of 1964. This matter is presently before the court on defendant's motion to strike plaintiff's complaint or, in the alternative, to bar the introduction of plaintiff's exhibits and witnesses (doc. #30). Essentially, defendant contends in its motion that plaintiff has failed to participate in discovery by failing to respond to written discovery requests, failing to provide timely a list of exhibits and witnesses and refusing to schedule a date for his deposition. Since the filing of defendant's motion, however, a number of other motions have been filed by the parties concerning discovery matters and these motions have been referred to and resolved by Magistrate Judge O'Hara. See Memorandum Order of January 29, 2002. These subsequent motions filed by the parties and resolved by Judge O'Hara raise issues that are in large part duplicative of the issues raised in defendant's motion pending before this court. Thus, for the reasons set forth in Judge O'Hara's order of January 29, 2002, defendant's motion is denied.
IT IS THEREFORE ORDERED BY THE COURT THAT defendant's motion to strike plaintiff's complaint (doc. #30) is denied.
IT IS SO ORDERED.