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Deem of Admissions

As I was preparing the record on appeal, I was reminded that the admissions were still unresolved—opposing counsel’s motion for extension of time had never been ruled on. Judge Davidian refused to rule on my motion to strike the extension or deem the admissions admitted. But under Rule 36(a), it didn’t matter—the admissions were already…

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Obstructed Discovery

Despite the case being under interlocutory appeal and discovery already being implicated in the review, opposing counsel served discovery responses that were riddled with boilerplate objections, irrelevant denials, and evasive answers. Nearly every interrogatory was met with blanket claims of irrelevance, undue burden, or privilege—without a proper privilege log—and in some cases, they objected and…

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