While I appreciate you are new to the case, everyone else is not.

This is a 2021 case.

In the whole scheme of things, I just think this case needs to go to trial.

NEWARK, NEW JERSEY - OCTOBER 28: DaBaby performs during iHeart Powerhouse 105.1 at Prudential Center on October 28, 2023 in Newark, New Jersey. (Photo by Michael Loccisano/Getty Images for iHeartRadio)

DaBaby performs during iHeart Powerhouse 105.1 at Prudential Center on October 28, 2023 in Newark, New Jersey.Michael Loccisano/Getty Images

I was involved in the case but have not been involved for eight months now, he said.

Im not prepared at all to try the case, but I will be.

The homeowner plaintiff, Gary Pagar,filed his lawsuitin February 2021.

Pagar, 68, was in the courtroom Monday, apparently ready for trial.

His lawyer told the court that a settlement offer had been sent to Kirk, 32, previously.

Rishwain said he wanted a new trial date.

Pagars lawyers are asking the court to exclude the racist speech at trial.

The sequence of events is undisputed: it is on video.

Kirks lawyers argue such evidence should be off limits.

Video previously obtained byRolling Stoneappears to support the familys claim.

He says Kirk and the men tossed his phone back and forth and scratched his car with keys.

His lawsuit includes claims for fraud, breach of contract and trespassing.