Travelers Casualty v. Dunmore, et al

Filing 297

ORDER signed by Magistrate Judge Dale A. Drozd on 3/28/14 ORDERING that defendant's motion for an order permitting admissions previously deemed admitted to be withdrawn and/or amended (Dkt. No. 293) is granted. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TRAVELERS CASUALTY AND
SURETY COMPANY OF AMERICA, a
Connecticut corporation,

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Plaintiff,

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No. 2:07-cv-2493 TLN DAD

ORDER

v.
SIDNEY B. DUNMORE, an individual, et
al.,

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Defendants.

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On March 28, 2014, this matter came before the undersigned for hearing of defendant’s

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motion for an order permitting admissions previously deemed admitted to be withdrawn and/or

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amended. (Dkt. No. 293.) Attorney Donald Colucci appeared telephonically on behalf of the

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plaintiff and attorney Gary Gorski appeared on behalf of the defendant.
Upon consideration of the arguments on file and at the hearing, and for the reasons set

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forth on the record at the hearing, the undersigned finds that plaintiff has failed to meet its burden

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of demonstrating prejudice as required by Rule 36(b) of the Federal Rules of Civil Procedure.

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Accordingly, IT IS HEREBY ORDERED that defendant’s motion for an order permitting

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admissions previously deemed admitted to be withdrawn and/or amended (Dkt. No. 293) is

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granted.1

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Dated: March 28, 2014

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DAD:6
Ddad1\orders.civil\travelers2493.oah.032814.docx

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The court need not set a date for defendant to provide the responses to the request for
admissions at issue because defendant has already provided his responses to plaintiff.
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