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STEWARD v. CMRE FINANCIAL SERVICES, INC., 2:15-cv-00408-JAD-NJK. (2015)

Court: District Court, D. Nevada Number: infdco20150811a40 Visitors: 9
Filed: Aug. 10, 2015
Latest Update: Aug. 10, 2015
Summary: ORDER NANCY J. KOPPE , Magistrate Judge . Pending before the Court is Plaintiff's motion to deem first set of requests for admissions to Defendant as admitted. Docket No. 16. Federal Rule of Civil Procedure 36(a) is self-executing, that is, a failure to respond to requests for admission automatically deems those facts admitted. See, e.g., American Tech. Corp. v. Mah, 174 F.R.D. 687, 690 (D. Nev. 1997). Therefore, "[a] motion to establish or affirm the admissions upon a party's failure to
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ORDER

Pending before the Court is Plaintiff's motion to deem first set of requests for admissions to Defendant as admitted. Docket No. 16. Federal Rule of Civil Procedure 36(a) is self-executing, that is, a failure to respond to requests for admission automatically deems those facts admitted. See, e.g., American Tech. Corp. v. Mah, 174 F.R.D. 687, 690 (D. Nev. 1997). Therefore, "[a] motion to establish or affirm the admissions upon a party's failure to admit or object is unnecessary under Rule 36(a)." Id., at 690. Accordingly, the pending motion to deem first set of requests for admissions to Defendant as admitted (Docket No. 16) is hereby DENIED.

IT IS SO ORDERED.

Source:  Leagle

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