Deborah D. Bergemann v. United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a response to a motion for summary judgment can constitute a motion to withdraw admissions pursuant to Fed.R.Civ.P. 36(b)
• construing an opposition to a motion for summary judgment as a motion to withdraw admissions
• construing language in Fed. R. Civ. P. 36(b) that is the same as in Rule 90
• finding no prejudice where plaintiff knew defendants challenged a core element of the plaintiff’s case despite one defendant failing to timely respond to a request for admission
• finding no prejudice where plaintiff knew defendants challenged a core element of the plaintiff’s case despite one defendant failing to timely respond to a request for admission
• “Rule 36(b) permits withdrawal where it promotes a decision on the merits while not prejudicing the party who obtained the admission.”

Source: CourtListener parenthetical corpus (CC0).