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Help ... Fwd: [Cornforth-Strategies] Failure to Respond to Request to Admit

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  • Lola
    s as wrote: To: Cornforth-Strategies@yahoogroups.com From: s as Date: Fri, 7 Jul 2006 09:18:18 -0700 (PDT)
    Message 1 of 4 , Jul 7 9:30 AM
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      s as <shibumi_o3@...> wrote:
      To: Cornforth-Strategies@yahoogroups.com
      From: s as <shibumi_o3@...>
      Date: Fri, 7 Jul 2006 09:18:18 -0700 (PDT)
      Subject: [Cornforth-Strategies] Failure to Respond to Request to Admit

      Opposing counsel filed a Request to Admit and I missed the response date by 2 months.

      Is there any avenue for recovery as I am now facing a Summary Motion for Judgement and seem to have no defense open to me as the Requests to Admit are all deemed to have been admitted to me.

      Any advice or avenues I can take??
      __________________________________________________
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    • Don Schwarz
      Make some form of response and submit it anyways even if you don t have a good reason for missing the arbitrary date to respond. Get something on the record.
      Message 2 of 4 , Jul 7 10:54 AM
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        Make some form of response and submit it anyways
        even if you don't have a good reason for missing the
        arbitrary date to respond.

        Get something on the record.






        At 09:30 AM 7/7/06 -0700, you wrote:
         


        s as <shibumi_o3@...> wrote:
        To: Cornforth-Strategies@yahoogroups.com
        From: s as <shibumi_o3@...>
        Date: Fri, 7 Jul 2006 09:18:18 -0700 (PDT)
        Subject: [Cornforth-Strategies] Failure to Respond to Request to Admit

        Opposing counsel filed a Request to Admit and I missed the response date by 2 months.

        Is there any avenue for recovery as I am now facing a Summary Motion for Judgement and seem to have no defense open to me as the Requests to Admit are all deemed to have been admitted to me.

        Any advice or avenues I can take??
        __________________________________________________
      • Legalbear
        Opposing counsel filed a Request to Admit and I missed the response date by 2 months. Is there any avenue for recovery as I am now facing a Summary Motion for
        Message 3 of 4 , Jul 7 11:09 AM
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          Opposing counsel filed a Request to Admit and I missed the response date by 2 months.

          Is there any avenue for recovery as I am now facing a Summary Motion for Judgement and seem to have no defense open to me as the Requests to Admit are all deemed to have been admitted to me.

          I have two thoughts:

           

          1)     Research like crazy on the issue of “excusable neglect”; try to find something that fits your situation;

          2)     Also, there has got to be some case law in your jurisdiction that says that requests for admission can not be used to result in an unreasonable outcome? Find that by searching the case law using the rule that allows for requests for admissions. Or, possibly, under Rule 11 (providing for sanctions against parties and their attorneys) the requests must be based upon a reasonable investigation into the facts and the law?

          Bear

           

          PS: There is a maxim that goes, the law does not favor those who sleep on their rights.

           

           

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        • Sky Pirate
          All discovery is an equitable proceeding, and under equity there are hardly any latches, they are putting you under some statutory rule, which when equitable
          Message 4 of 4 , Jul 7 1:56 PM
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            All discovery is an equitable proceeding, and under equity there are hardly any latches, they are putting you under some statutory rule, which when equitable relief is plea, fairness and justice should prevail. As you are not trained it law they can't hold you to the same standards, ask for a hearing on the evidence, without the chance to cross examine you will be denied "DUE PROCESS".
            Greg
            Skypirate
            ----- Original Message -----
            From: Lola
            Sent: Friday, July 07, 2006 9:30 AM
            Subject: [tips_and_tricks] Help ... Fwd: [Cornforth-Strategies] Failure to Respond to Request to Admit

             


            s as <shibumi_o3@...> wrote:
            To: Cornforth-Strategies@yahoogroups.com
            From: s as <shibumi_o3@...>
            Date: Fri, 7 Jul 2006 09:18:18 -0700 (PDT)
            Subject: [Cornforth-Strategies] Failure to Respond to Request to Admit

            Opposing counsel filed a Request to Admit and I missed the response date by 2 months.

            Is there any avenue for recovery as I am now facing a Summary Motion for Judgement and seem to have no defense open to me as the Requests to Admit are all deemed to have been admitted to me.

            Any advice or avenues I can take??
            __________________________________________________
            Do You Yahoo!?
            Tired of spam? Yahoo! Mail has the best spam protection around
            http://mail.yahoo.com


            Want to be your own boss? Learn how on Yahoo! Small Business.

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