(PC) Johnson v. Gonzales, 1:09-cv-01264

Johnson is a pro se state prisoner plaintiff in a 42 U.S.C. § 1983 action against L. Gonzalez and A. Murrieta for excessive force.
District Court granted summary judgment on January 9, 2012, relying in part on plaintiff’s admissions.
Ninth Circuit reversed in 2013, directing consideration of plaintiff’s Rule 36(b) withdrawal/amendment request.
The court vacated the January 2012 summary judgment and judgment and considered withdrawal of admissions.
Plaintiff sought to withdraw or amend admissions; the court addressed Rule 36(b) criteria and prejudice to defendants.
Court extended dispositive-motion deadline and referred matter for further proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the summary judgment and judgment should be vacated.	Johnson seeks vacatur due to Ninth Circuit reversal.	Gonzalez/Murrieta support keeping judgment.	Vacated the January 2012 judgment.
Whether admissions should be withdrawn or amended under Rule 36(b).	Withdrawal would promote meritorious resolution.	Withdrawal may prejudice defendants at trial.	Granted; plaintiff may withdraw/amend admissions.
Whether adverse effects to defendants from withdrawal would justify denial.	Defendants would not be prejudiced by withdrawal.	Prejudice possible at trial.	No prejudice to defendants found.
Whether the scheduling order should be modified to permit dispositive motions.	Allow dispositive motions after responses.	Maintain current deadlines.	Dispositive-motion deadline extended to November 1, 2013.

Conlon v. U.S., 474 F.3d 616 (9th Cir.2007) (two-prong test for relief from Rule 36(a) admissions)
Hadley v. United States, 45 F.3d 1345 (9th Cir.1995) (upholding merits presentation when admissions would defeat the case)