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Ioselev v. Schilling

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


August 5, 2010

BORIS IOSELEV, PLAINTIFF,
v.
IRINA SCHILLING, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Patty Shwartz United States Magistrate Judge

ORDER

This matter having come before the Court on the "motion" of plaintiff for an Order deeming requests for admission he served upon the defendant "admitted";

and Fed. R. Civ. P. 36 governing requests for admission;

and Fed. R. Civ. P. 36(a)(3) specifically notifying the parties of the effect of not responding;

and Rule 36(a)(3) stating that "[a] matter is admitted unless, within 30 days after being served, the party to whom the request is directed serves on the requesting party a written answer or objection addressed to the matter and signed by the party or its attorney. A shorter or longer time for responding may be stipulated to under Rule 29 or be ordered by the court;":

and because Rule 36 is self-executing, a motion seeking an Order declaring that a request to which a response is not provided is unnecessary;

IT IS THEREFORE on this 5th day of August, 2010

ORDERED that the motion for an order deeming as admitted the requests for admissions served on defendants [Docket No. 35] is terminated as unnecessary;

IT IS FURTHER ORDERED that the request for costs is denied as the motion was unnecessary; and

IT IS FURTHER ORDERED that the request for sanctions is denied as the nonresponsiveness of the defendants has provided the plaintiff with admissions for use in these proceedings.

20100805

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