York Risk Services Group Inc v. Preferred Reports L L C et al

Filing 116

ORDER: Considering the evidence, the law, and the arguments of the parties, and for the reasons fully explained below, the 102 Motion to Substitute Substantive Responses in Place of Any Deemed Admissions is GRANTED. IT IS FURTHER ORDERED that the oral argument that was previously scheduled for 11/16/2017 is CANCELED. Signed by Magistrate Judge Patrick J Hanna on 10/30/2017. (crt,Alexander, E)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
YORK RISK SERVICES GROUP,
INC.

CIVIL ACTION NO. 6:16-cv-00063

VERSUS

UNASSIGNED DISTRICT JUDGE

PREFERRED REPORTS, LLC.,
ET AL.

MAGISTRATE JUDGE HANNA

ORDER
Currently pending before the court is the motion to substitute substantive
responses in place of any deemed admissions (Rec. Doc. 102), which was filed by
defendants Preferred Reports, LLC, Bart Sturgis, Brandon LaCaze, Russell Knight,
Coby Breaux, and Linda Hebert (hereinafter collectively referred to as “the
defendants.”) Considering the evidence, the law, and the arguments of the parties,
and for the reasons fully explained below, the motion is GRANTED.
In an earlier ruling (Rec. Doc. 99), this Court found that the defendants did not
respond in a timely fashion to the plaintiff’s discovery requests, that the defendants’
delay in complying with this Court’s order of June 12, 2017 was excusable under the
circumstances explained in the defendants’ briefing, that the defendants did not waive
their objections to the plaintiff’s discovery, and that the plaintiffs were not entitled
to recover discovery sanctions. The defendants now seek to have their substantive
discovery responses dated May 17, 2017 substituted in place of any inadvertently

deemed admissions with respect to the plaintiff’s March 10, 2017 requests for
admissions. The defendants’ stated purpose for seeking the requested relief is “so
that this matter can be resolved on the merits, and not on the basis of any inadvertent
or technical defaults.” (Rec. Doc. 102-1 at 1). This motion harkens back to the
parties’ dispute in earlier briefing concerning whether the plaintiffs’ discovery
requests – and the defendant’s responses thereto – were timely. That dispute has
already been resolved.
Fed. R. Civ. P. 36(b) permits the withdrawal or amendment of an admission if
it would promote the presentation of the merits of the action and if doing so is not
prejudicial to the party that obtained the admissions. Even when those two criteria
are satisfied, a district court may exercise its discretion and deny a request for leave
to withdraw or amend an admission.1 Thus, the decision to grant or deny such a
request is essentially grounded in equity.
In this case, the parties’ acrimonious dispute concerning the defendants’
response (or lack thereof) to the plaintiff’s discovery requests has been litigated and
resolved. Discovery is ongoing, the discovery cut-off date is still several months
away, and the trial date is not until September of next year. Therefore, this Court
finds that the plaintiff will not be prejudiced by the requested substitution of
1

In re Carney, 258 F.3d 415, 419 (5th Cir. 2001).
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responses to discovery, especially since the plaintiffs have already had the
defendants’ responses to their requests for admission in their possession for over five
months. This Court also finds that permitting the requested substitution will increase
the likelihood that this litigation can progress to resolution of the parties’ disputes on
the merits of the claims and defenses without further inefficient use of judicial time
and effort. Accordingly, this Court finds that both prongs of the requisite analysis
under Rule 26(b) are satisfied in this case. Therefore, no recourse to this Court’s
discretion is necessary. The requested substitution will be permitted. For those
reasons,
IT IS ORDERED that the defendants’ motion (Rec. Doc. 102) is GRANTED,
any admissions to the plaintiffs’ March 10, 2017 requests for admissions that were
previously deemed to have been made are withdrawn, and the defendants’ May 17,
2017 responses to the plaintiff’s March 10, 2017 requests for admissions are
substituted for any previously deemed admissions.

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IT IS FURTHER ORDERED that the oral argument that was previously
scheduled for November 16, 2017 is CANCELED.
Signed at Lafayette, Louisiana, this 30th day of October 2017.

____________________________________
PATRICK J. HANNA
UNITED STATES MAGISTRATE JUDGE

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