Van Winkle v. Rogers et al

Filing 76

MEMORANDUM ORDER granting 71 Motion Withdraw Admission of Fact. Signed by Magistrate Judge Carol B Whitehurst on 1/10/2022. (crt,Reeves, T)

Case 6:19-cv-01264-RRS-CBW Document 76 Filed 01/10/22 Page 1 of 3 PageID #: 1301

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION

BILLY VAN WINKLE JR

CASE NO. 6:19-CV-01264

VERSUS

JUDGE ROBERT R.
SUMMERHAYS

JAMES ARTHUR ROGERS ET AL

MAGISTRATE JUDGE CAROL B.
WHITEHURST

MEMORANDUM RULING AND ORDER
Before the Court is Defendants’ Motion to Withdraw Admission (Rec. Doc.
71), which Plaintiff opposed (Rec. Doc. 74).
Plaintiff filed this suit following an automobile accident in which a tire on a
Prime truck driven by Rogers allegedly blew out and struck Plaintiff’s vehicle. Via
amended complaint, Plaintiff asserted spoliation claims alleging that Prime
destroyed the blown-out tire despite having notice of Plaintiff’s claim and attorney
representation. (Rec. Doc. 61).
In response to Plaintiff’s request for admission, on December 15, 2021,
Defendants admitted that Prime received a letter of representation from Plaintiff’s
former counsel on March 8, 2018. (Rec. Doc. 71-4, p. 6). The letter of representation
was addressed to [e-mail]. (Rec. Doc. 71-3). Kevin French, Prime’s
claim administrator, testified by deposition on January 4, 2022 that his email address

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was actually [e-mail] and that he did not receive the letter of
representation sent to the erroneous email address on March 8, 2018. (Rec. Doc. 715). Rather, Mr. French testified that his first notice of the claim was May 6, 2018,
after the tire had been destroyed. (Rec. Doc. 71-5). Defendants now seek to withdraw
their response to Plaintiff’s request for admission based on Mr. French’s testimony.
Rule 36(b) provides that “[a]ny matter admitted ... is conclusively established
unless the court on motion permits withdrawal or amendment of the admission. The
Fifth Circuit “has stressed that a deemed admission can only be withdrawn or
amended by motion in accordance with Rule 36(b).” In re Carney, 258 F.3d 415,
419 (5th Cir. 2001).
In order to allow withdrawal of a deemed admission, Rule 36(b)
requires that a trial court find that withdrawal or amendment: 1) would
serve the presentation of the case on its merits, but 2) would not
prejudice the party that obtained the admissions in its presentation of
the case. Even when these two factors are established, a district court
still has discretion to deny a request for leave to withdraw or amend an
admission.
Id. (cleaned up).
Defendants argue that withdrawal of the admission would serve the
presentation of the case on the merits, because the facts are contrary to the admission.
The Court agrees. Mr. French testified that he did not receive the emailed letter of
representation, because it was sent to an erroneous email address. Defendants’
admission that Prime did receive notice of representation based on the letter serves

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no purpose other than relieve Plaintiff of the burden of proving receipt of the letter
on March 8, 2018. In the same vein, Plaintiff will not be prejudiced by Defendants’
withdrawal. “The necessity of having to convince the trier of fact of the truth of a
matter erroneously admitted is not sufficient [to show prejudice].” N. Louisiana
Rehab. Ctr., Inc. v. United States, 179 F. Supp. 2d 658, 663 (W.D. La. 2001) quoting
F.D.I.C. v. Prusia, 18 F.3d 637, 640 (8th Cir.1994). Indeed, Plaintiff’s scant
opposition “reserves…the right to refute this allegation through cross examination
and/or the presentation of evidence during the course of the remainder of this
litigation.” (Rec. Doc. 74). Thus, the Court finds that Defendants may withdraw their
admission to Plaintiff’s Request for Admission No. 1.
Accordingly,
IT IS ORDERED that Defendants’ Motion to Withdraw Admission of Fact
(Rec. Doc. 71) is GRANTED.
Signed at Lafayette, Louisiana on this 10th day of January, 2022.

____________________________________
CAROL B. WHITEHURST
UNITED STATES MAGISTRATE JUDGE