Halliday et al v. Spjute et al

Filing 298

ORDER DENYING Plaintiff's Motion for Order Deeming Matters Admitted, signed by Magistrate Judge Gary S. Austin on 4/23/2015. (Kusamura, W)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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MICHAEL IOANE, et al.,
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Plaintiffs,
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v.
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KENT SPJUTE, et al.,
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Defendants.
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_______________________________________)

Case No. 1:07-cv-00620-AWI-GSA
ORDER DENYING PLAINTIFF’S
MOTION FOR ORDER DEEMING
MATTERS ADMITTED
(ECF No. 212)

Plaintiffs Michael and Shelly Ioane are a married couple involved in tax disputes with the

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United States. Current defendants are Jean Nole, Jeff Hodges, and Brian Applegate, federal

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agents who assisted in searching Plaintiffs‟ residence in 2006 (“Defendants”). Mr. Ioane was

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convicted of tax fraud conspiracy on October 3, 2011 as a result, in part, of evidence that was

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obtained during the search. On March 10, 2014, Plaintiff Michael Ioane filed a Motion

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requesting the Court to deem requests for admissions admitted. (ECF No. 212.) Defendants

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oppose this Motion. (ECF No. 216.) The Court has reviewed the papers and determined that this

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matter is suitable for decision without oral argument pursuant to Local Rule 230(l). Based on a

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review of the pleadings, Plaintiff‟s motion is DENIED.

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Federal Rule of Civil Procedure 36 provides that “[a] party may serve on any other party

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a written request to admit, for purposes of the pending action only, the truth of any matter within

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the scope of Rule 26(b)(1) relating to: (A) facts, the application of law to fact, or opinions about

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either; and (B) the genuineness of any described documents.” If the responding party fails to

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serve a written answer or objection within thirty days “after being served,” the matter is deemed

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admitted. Fed. R. Civ. P. 36(a)(3). A matter that is admitted is “conclusively established unless

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the court on motion permits withdrawal or amendment of the admission.” Switchmusic.com, Inc.

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v. U.S. Music Corp., 416 F.Supp.2d 812, 817 (C.D. Cal. 2006) (“The 30 day time period for

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responding to requests for admission begins to run on the date on which the requests were

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delivered „to the agency designated to make delivery,‟ and not on the date the answering party

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receives them‟”).

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Plaintiff served the twenty-four requests for admissions at issue on January 27, 2014 and

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Defendants received those requests on February 3, 2014. On February 26, 2014, Defendants

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served responses to the requests for admissions on Plaintiff. Plaintiff alleges that he did not

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receive any response to the requests as of March 6, 2014. (Motion 2, ECF No. 212.) However, he

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appears to have received them by March 10, 2014; the responses are attached as exhibits to a

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different discovery motion filed shortly thereafter. (Motion to Compel Interrogatories Exhs. A-E,

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ECF No. 213.) Moreover, Rule 36 only requires that responses be “served” within thirty days,

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not that they be received within that period.1 Defendants‟ responses were thus timely and no

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matters will be deemed admitted because of any failure to respond.

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Defendants would also have received an additional three days to respond, assuming service was accomplished via
U.S. mail. Fed. R. Civ. P. 6(d).

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Accordingly, IT IS HEREBY ORDERED that Plaintiff‟s Motion to Deem Admissions
Admitted (ECF No. 212) is DENIED.

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IT IS SO ORDERED.
Dated:

April 23, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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