Helena Chemical Company et al v. Skinner et al

Filing 81

ORDER granting pltfs' 72 Motion to Deem Admitted re requests for admissions served on deft Coleman. Signed by Judge Susan Webber Wright on 3/16/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
LITTLE ROCK DIVISION
HELENA CHEMICAL COMPANY and
FEDERAL INSURANCE COMPANY
Plaintiffs
V.
JOHN BOSWELL SKINNER, JR., ET
AL.
Defendants

*
*
*
*
*
*
*
*
*
*
*
*

NO: 4:11CV00691 SWW

ORDER
Before the Court is Plaintiffs’ motion asking the court to deem admitted requests for
admissions served upon Defendant Thomas Chris Coleman (docket entry #72). The time for
filing a response has expired, and Coleman has not responded. For reasons that follow, the
motion is granted.
Rule 36(a) of the Federal Rules of Civil Procedure permits a party to serve on any other
party “a written request to admit, for the purposes of the pending action only, the truth of any
matters within the scope of Rule 26(b)(1) relating to: (A) facts, the application of law to fact, or
opinions about either; and (B) the genuineness of any described documents.” Fed. R. Civ. P.
36(a).

Under Rule 36(a)(3), a matter is admitted unless, within 30 days after being served, the

party to whom the request is directed serves upon the requesting party a written answer or
objection addressed to the matter signed by the party or its attorney.
In support of their motion, Plaintiffs submit documents showing that Coleman failed to
respond to Plaintiffs’ requests for admissions served upon defense counsel on December 28,

2011.

The Court finds that pursuant to Rule 36(a), the matters set forth in Plaintiffs’ first set of

requests for admissions served upon Defendant Coleman are deemed admitted.
IT IS THEREFORE ORDERED that Plaintiffs’ motion to deem admitted (docket entry
#72) is GRANTED.
IT IS SO ORDERED THIS 16TH DAY OF MARCH, 2012.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

2