Mitochon Practice Management Systems v. Healthcare Technology Alliance, 2:13-cv-00177

Plaintiff Mitochon sued Defendants over an IT Purchase Agreement to obtain assignment of Defendants' interest in a practice management software and its source code.
Defendants withdrew from Healthcare Technology Alliance per its Operating Agreement and allegedly sought to transfer the software rights to Plaintiff.
The IT Agreement required Defendants to deliver the software and source code to Plaintiff but they allegedly failed to perform.
Healthcare Technology allegedly breached and retroactively amended its Operating Agreement to block the transfer.
Defendants' responses to Healthcare Technology’s discovery requests were untimely; several admissions were later withdrawn or contested.
Plaintiff filed the complaint on March 12, 2013, and Defendants filed a cross-claim on May 3, 2013.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether admission withdrawal should be allowed under Rule 36(b)	N/A	N/A	Withdrawals granted after balancing merits and prejudice
Merits versus prejudice balance in allowing withdrawal	Withdrawals promote merits; admissions would harm Plaintiff	Withdrawal would prejudice Plaintiff due to discovery timing	Merits promotion outweighed prejudice; withdrawals granted

Raiser v. Utah County, 409 F.3d 1243 (10th Cir. 2005) (prejudice standards under Rule 36(b))
Bergmann v. United States, 820 F.2d 1117 (10th Cir. 1987) (prejudice considerations in withdrawal of admissions)
Hadley v. United States, 45 F.3d 1345 (9th Cir. 1995) (prejudice assessment in Rule 36(b))