- 7 - 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.” AdmissionsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011