James S. Zigmont - Page 7
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litigation initiated by the opposing party.” Id. at 648.
Respondent properly used Rule 90 to expedite litigation.
Considering carefully the facts at issue in the deemed admissions
and the surrounding circumstances as described in the motion and
respondent’s objection, the Court concludes that permitting
petitioner to withdraw or modify the deemed admissions would
prejudice respondent and would not serve presentation of the
merits of the case. Petitioner’s failure timely to respond to
respondent’s request for admissions is indicative of his behavior
in this case. Petitioner has repeatedly filed documents late or
not at all, as well as failed to comply with the Court’s orders.
Therefore, petitioner’s motion to withdraw deemed admissions
shall be denied.
II. Respondent’s Motion for Summary Judgment
A. General Rules
Rule 121(a) allows a party to move “for a summary
adjudication in the moving party’s favor upon all or any part of
the legal issues in controversy.” Rule 121(b) directs that a
decision on such motion shall be “rendered if the pleadings,
answers to interrogatories, depositions, admissions, and any
other acceptable materials, together with the affidavits, if any,
show that there is no genuine issue as to any material fact and
that a decision may be rendered as a matter of law.” Admissions
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