Clover v. Camp Pendleton & Quantico Housing LLC

Summary

The United States District Court for the Southern District of California grants Plaintiffs’ ex parte application under Federal Rule of Civil Procedure 36(b) to amend an inadvertently admitted response to Request for Admission No. 18. The Court concludes that amendment would promote presentation of the merits and that Defendants failed to demonstrate prejudice, while also finding Defendants’ opposition procedurally defective because it was filed late.

Holdings

1. Defendants' opposition was procedurally defective because it was filed more than one day after the deadline and Defendants did not contact chambers to request additional time.
2. The court granted Plaintiffs leave under Federal Rule of Civil Procedure 36(b) to amend their response to Request for Admission No. 18.

Questions Presented

1. Whether Plaintiffs should be permitted under Federal Rule of Civil Procedure 36(b) to amend an allegedly inadvertent admission.
2. Whether Defendants' opposition should be considered despite being filed after the deadline under the court's Civil Chambers Rule VI.
3. Whether withdrawal or amendment of the admission would prejudice Defendants in maintaining or defending the action on the merits.

Disposition

other