Summary
The United States District Court for the Middle District of Florida grants Ali Raza’s motion to deem requests for admissions admitted against Python Leads, LLC under Federal Rule of Civil Procedure 36(a)(3). The court holds that Python’s responses were untimely and that the deemed admissions bind Python but may not be used against other parties, including Plaintiff.
Holdings
- Requests for admission are automatically deemed admitted when not answered within thirty days, and Python's untimely responses did not prevent the requests from being admitted by operation of law.
- Python's response was not construed as a motion to withdraw or amend its admissions because it did not directly request withdrawal or amendment and offered only minimal substantive argument.
- Python's deemed admissions may be used by Raza against Python, the admitting party, but may not be imposed upon or used against Final Expense Direct, which did not participate in Python's failure to respond.
Questions Presented
- Whether Python's failure to answer requests for admission within thirty days caused the matters in the requests to be deemed admitted under Federal Rule of Civil Procedure 36(a)(3).
- Whether Python's untimely responses should be treated as a request to withdraw or amend the deemed admissions under Rule 36(b).
- Whether Python's deemed admissions could be used against Plaintiff Final Expense Direct rather than only against Python, the admitting party.
Disposition
other
Cases Cited (5)
- United States v. 2204 Barbara Lane, 960 F.2d 126, 129 (11th Cir. 1992)(followed)
- Haas v. Fancher (In re Fancher), 802 F. App'x 538, 542 (11th Cir. 2020)(followed)
- Perez v. Miami-Dade Cnty., 297 F.3d 1255, 1264 (11th Cir. 2002)(followed)
- Riberglass, Inc. v. Techni-Glass Indus., Inc., 811 F.2d 565, 567 (11th Cir. 1987)(followed)
- First Acceptance Ins. Co., Inc. v. Ramirez, No. 3:08-CV-1078-J-34JRK, 2010 WL 779315, at *6 (M.D. Fla. Feb. 26, 2010)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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