In re Harden (Ch. 7 Case No. 02-50434, Adv. No. 02-05076)

Plaintiff filed discovery requests, including Request for Admissions, prior to conference required by Federal Rules of Civil Procedure 26(f). Defendant failed to respond to the Request for Admissions. The Court held that Plaintiff's Request for Admissions was not served in accordance with requirements of Rule 26(d) and that the Defendant cannot be deemed to have admitted any matters contained therein. The Request for Admissions was stricken from the record and the Plaintiff must start over with all its discovery.

Monday, August 26, 2002