152 F.R.D. 524 | S.D.W. Va | 1994
MEMORANDUM ORDER
This matter comes before the Court on motion of plaintiff, Forney Shrewsbury, seek
Preliminarily, the Court notes that, in a number of its responses, defendant has stated that the request could not “be answered because this is an issue for the jury to decide.” The Court, however, finds no sanction for such a response in the language of Rule 36
In accordance with the preceding, and with rulings made by the Court at the hearing on plaintiffs motion, the Court ORDERS the following:
(1) As directed at the hearing, defendant was to have responded to requests 7, 8, 10, 11, 12, and 13 by January 24, 1994.
(2) Defendant shall respond to requests 14, 28, 29, 32, 33, 34, and 36 in accordance with the requirements of Rule 36 as set forth herein. Defendant shall so respond within fifteen days from the date of entry of this Memorandum Order.
(3) With respect to plaintiffs first set of interrogatories to defendant, defendant was directed at the hearing to answer interrogatory number 4, with respect to all experts except Robert Carbarnaro, by January 20, 1994, and answer with respect to Carbarnaro
. The Rule expressly states that a party "may not" refuse to respond to a request on the ground that the “matter of which an admission has been requested presents a genuine issue for trial...." Rule 36(a), Federal Rules of Civil Procedure.
. A request involving what is termed a "pure matter of law,” i.e., requests for admissions of law unrelated to the facts of the case, is considered improper. Diederich v. Department of the Army, 132 F.R.D. 614, 617 (S.D.N.Y.1990).
. The “issue for the jury to decide” characterization appears to be merely another way of objecting to requests on the basis that the requests relate to an "ultimate fact” or to issues of fact "dispositive of one aspect of the case"—objections which have been found inappropriate by the courts. Branch Banking and Trust Company v. Deutz-Allis Corporation, 120 F.R.D. 655, 658 (E.D.N.C.1988). See also, City of Rome v. United States, 450 F.Supp. 378, 383 (D.D.C.1978), aff'd 446 U.S. 156, 100 S.Ct. 1548, 64 L.Ed.2d 119 (1980).
. As is pointed out in the Advisory Committee's Note to Rule 36, "a reasonable burden may be imposed” with respect to the obligation of a party to conduct a “reasonable inquiry” before responding that it lacks sufficient information or knowledge to admit or deny. Advisory Committee's Note to Rule 36(a), 48 F.R.D. 531, 533 (1970). See also, Dubin v. E.F. Hutton Group Inc., 125 F.R.D. 372, 374-75 (S.D.N.Y.1989). Moreover, the affirmation of reasonable inquiry is subject to "the overriding limitation of good faith,” ASEA, Inc. v. Southern Pacific Transportation Company, 669 F.2d 1242, 1246 (9th Cir.1981), and to a duty to amend in accordance with the provisions of Rule 26(e)(2).