O'Neill v. Medad

166 F.R.D. 19, 1996 U.S. Dist. LEXIS 4390, 1996 WL 161746
CourtDistrict Court, E.D. Michigan
DecidedApril 1, 1996
DocketNo. 94-CV-71175-DT
StatusPublished
Cited by16 cases

This text of 166 F.R.D. 19 (O'Neill v. Medad) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
O'Neill v. Medad, 166 F.R.D. 19, 1996 U.S. Dist. LEXIS 4390, 1996 WL 161746 (E.D. Mich. 1996).

Opinion

OPINION

GILMORE, District Judge.

The issues before the Court are whether a request for admissions is considered discovery for purposes of discovery scheduling dates and whether the Court will permit withdrawal of default admissions on Defendant’s Motion pursuant to Federal Rule of Civil Procedure 36(b).

For the reasons set forth below, the Court holds that a request for admissions is not a general discovery device and is therefore not subject to discovery cutoff dates.

The Court further holds that although Defendants have filed a Motion to Withdraw or Amend pursuant to Fed.R.Civ.P. 36(b), the Court relies on Fed.R.Civ.P. 36(a) in its decision to affirm the default admissions. Accordingly, Plaintiff’s Motion to affirm admissions is GRANTED, and Defendants’ Motion to amend or withdraw admissions is DENIED.

I. BACKGROUND

A.

Plaintiff John O’Neill served Defendants Allan Medad and Richard Myron with a First Request for Admissions on the discovery cutoff date of September 15, 1995. Defendants did not respond within the thirty days required by Federal Rule of Civil Procedure 36(a). Defendants did not object to the request, nor file any other motions regarding the request for admissions.

Thereafter, Plaintiff sent Defendants a letter on October 24, 1995, confirming their position that the responses to the request for admissions were past due. Defendants responded by letter on October 27, 1995 that the request for admissions was untimely and therefore required no response.1

[21]*21Plaintiff filed a Motion to affirm admissions on November 10, 1995, arguing that pursuant to Fed.R.Civ.P. 36(a), the admissions were deemed admitted by default, and the Court should thus affirm the admissions. Defendants responded on November 22, 1995, arguing that because the request for admissions was filed untimely, they were not required to respond. In addition, at the final pretrial conference on November 28, 1995, Plaintiff brought up the argument that a request for admissions is not considered a discovery device and is therefore not subject to discovery cutoff dates.

In response, Defendants argued that if the Court accepted Plaintiff’s argument, they should be allowed to withdraw any admission deemed admitted due to their failure to respond, and they should be permitted to file late responses. The parties formalized their positions by motion, which the Court has considered carefully.

B.

This Court’s discovery scheduling order sets cutoff dates for discovery motions, discovery and dispositive motions. Additionally, the final pretrial order is due approximately one week prior to the final pretrial conference. In this case, the discovery motion cutoff date was August 15, 1995, and the discovery cutoff date was September 15, 1995. The final pretrial order was due November 21, 1995, and the final pretrial conference was held on November 28,1995.

Defendants contend that Plaintiff’s requests for admissions should have been filed by the discovery motion cutoff date of August 15. In the alternative, they argue that the request for admissions should have been filed in advance of the discovery cutoff date so that their responses could have been completed by that date. At the very least, Defendants argue that the requests should have been received by the discovery cutoff date. Defendants also assert that they did not respond to the request for admissions because in so doing, they would have violated the Court’s scheduling order by conducting discovery past the cutoff date.

For the following reasons, the Court rejects all of Defendants’ arguments.

II. REQUESTS FOR ADMISSIONS

The Sixth Circuit has found that “[rjequests for admissions are not a general discovery device.” Misco, Inc. v. United States Steel Corp., 784 F.2d 198 (6th Cir.1986), quoting Wright & A Miller, Federal Practice and Procedure § 2253, at 706 & n. 23 (1970). According to Wright & Miller, Rule 36 is not a discovery device at all because it assumes that the party proceeding under it already knows the fact or has the document and merely seeks the opposing party to authenticate its genuineness. Id.

The two purposes of a request for admissions are to allow elimination of contested issues from a case prior to trial and to avoid including extraneous evidence regarding issues not in dispute and which can be developed by the process provided for in Rule 36. Hurt v. Coyne Cylinder Company, 124 F.R.D. 614 (W.D.Tenn.1989).

In fact, requests for admissions are similar in nature to a pretrial order, which narrows issues and eliminates those issues with which there is no dispute. In re Carousel Candy Co., Inc., 38 B.R. 927 (Bankr. E.D.N.Y.1984).

Therefore, Plaintiff need not have submitted requests for admissions by the August 15 discovery motion cutoff date or by the discovery cutoff date of September 15 because requests for admissions are distinct from other general discovery devices and are not subject to discovery cutoff dates. Simply because Rule 36 is included in the section of rules governing discovery is not enough reason to restrict the use of requests for admis[22]*22sions by confining them to discovery dates. Therefore, the Requests for Admissions were timely filed and served,2 and Defendants should have responded within thirty days.

According to Rule 36(a), Defendants’ failure to respond within thirty days means that the requests for admissions are deemed admitted by default. Defendants filed a Motion to Amend or Withdraw pursuant to Rule 36(b); however, the Court denies the Motion based on the following.

III. AMENDMENT OR WITHDRAWAL OF ADMISSIONS

Courts should be cautious in exercising discretion to permit withdrawal or amendment of admissions. 999 v. C.I.T. Corp., 776 F.2d 866, 869 (9th Cir.1985).3 The Court’s authority to allow amendment or withdrawal of omissions is governed by Fed. R.Civ.P. 36(b), which provides:

Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission____ [T]he court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved thereby and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice that party in maintaining the action or defense on the merits.

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Cite This Page — Counsel Stack

Bluebook (online)
166 F.R.D. 19, 1996 U.S. Dist. LEXIS 4390, 1996 WL 161746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oneill-v-medad-mied-1996.