Tafari v. United States Postal Service et al

Filing 52

ORDER signed by Magistrate Judge Edmund F. Brennan on 2/7/2018 DENYING 45 Motion for Order. The court finds that defendant timely responded to plaintiff's discovery request. (Fabillaran, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAS HEZEKIAH TAFARI, 12 13 14 15 No. 2:17-cv-113-MCE-EFB PS Plaintiff, v. ORDER UNITED STATES POSTAL SERVICE, MEGAN J. BRENNAN, Postmaster General, 16 Defendant. 17 18 This case is before the court on plaintiff’s motion for an order deeming facts admitted due 19 to defendant’s alleged failure to timely respond to plaintiff’s request for admissions.1 ECF No. 20 45. As explained below, plaintiff’s motion is denied because defendant timely responded to 21 plaintiff’s discovery request. 22 Federal Rule of Civil Procedure (“Rule”) 36(a)(3) provides, in part, that “[a] matter is 23 admitted unless, within 30 days after being served, the party to whom the request is directed 24 serves on the requesting party a written answer or objection addressed to the matter.” When the 25 discovery request is served by mail, the responding party is provided 3 additional days to serve 26 her response. See Fed. R. Civ. P. 6(d). 27 28 1 This case was reassigned to the undersigned based on the consent of the parties. ECF No. 133; see also E.D. Cal. L.R. 305; 28 U.S.C. § 636(b)(1). 1 1 Here, plaintiff served defendant, by mail, with requests for admissions on December 4, 2 2018. Pursuant to Rules 36(a)(3) and 6(b), defendant was required to serve her responses within 3 33 days or, in this instance, by January 6, 2018. However, that January 6 was a Saturday. Rule 4 6(a)(1)(C) provides that “if the last day is a Saturday, Sunday, or legal holiday, the period 5 continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.” 6 Accordingly, defendant was required to serve responses by the following Monday, January 8, 7 2018. The record reflects that defendant’s responses were served on that date. ECF No. 47 at 2 8 (proof of service dated January 8, 2018). 9 Plaintiff argues, however, that defendant’s counsel actually received the discovery 10 requests on December 5, 2017, and was therefore required to serve responses 30 days thereafter. 11 In support of this position, he submits a United States Postal Service tracking document, which 12 indicates the discovery request at issue was placed in counsel’s mailbox on December 5, 2017. 13 ECF No. 45 at 8. The date counsel actually received the discovery request is not relevant. Under 14 Rules 36, the commencement of the response period is established by the date of service, not the 15 date the document is received. Further, Rule 6(d) does not carve out an exception to the 16 additional 3 day rule when the document served by mail is received in less than 3 days. Nor does 17 plaintiff cite any authority for his position that Rule 6(d) does not apply in this case. 18 The court finds that defendant timely responded to plaintiff’s discovery request. 19 Accordingly, plaintiff’s motion for an order deeming certain facts admitted (ECF No. 45) is 20 denied. 21 DATED: February 7, 2018. 22 23 24 25 26 27 28 2

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