United States District Court, W.D. Louisiana
WELLS ROBY UNITED STATES MAGISTRATE JUDGE
the Court is a Motion to Deem Facts Conclusively
Established (R. Doc. 20), defendant, St. Landry
Parish Communications District E-911 (“the
District”) moves to have certain facts deemed
former tele-communicator and supervisor of the St. Landry 911
filed this suit contending that she was unlawfully
discriminated against in her employment because her
disability, breast cancer. She filed an EEOC charge was given
a write to sue by the EEOC on March 9, 2018. She advised her
employer that she would be undergoing chemotherapy through
May 2017 and during that time she was advised that by
February 2017 her leave would run out.
March she was advised that she had no more sick leave was
later fired because she was unable to work due to her
employer’s refusal to grant her leave under the ADA.
May also asserts an alternative claim that she was
discriminated against because she had a record of a
District now seeks to have certain facts established. Namely
whether it knew that Mayo would complete her chemotherapy
treatment in May 2017 and that she would then return to work.
The District forward two requests for Admissions to Mayo. (
Rec. doc. 201-1) The first request was dated 03/14/2017 on
the lower right corner of the “Continuing Disability
Claim Form requested that she admit that it was not the
handwriting of Candace Pitre Elkins. (Id.) Mayo
failed to respond within the thirty-day period and now the
District seeks to have the fact established that it was not
the District sent a second request for admission seeking to
get Mayo to admit that the same document contained her
handwriting. (Id.) Again, Mayo did not respond to
either request which were sent at the same time. Now, the
District seeks an order that these facts are conclusively
Standard of Review
Rule of Civil Procedure (“Rule”) 36 provides that
“[a] party may serve on any other party a written
request to admit . . . the truth of any matters within the
scope of Rule 26(b)(1) relating to: (A) facts, the
application of law to fact, or opinions about either; and (B)
the genuineness of any described documents.” After
being served with a Request for Admission, “[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.” Fed.
R. Civ. P. 36(a)(3).
in responding to a Request for Admission,
If a matter is not admitted, the answer must specifically
deny it or state in detail why the answering party cannot
truthfully admit or deny it. A denial must fairly respond to
the substance of the matter; and when good faith requires
that a party qualify an answer or deny only a part of a
matter, the answer must specify the part admitted and qualify
or deny the rest. The answering party may assert lack of
knowledge or information as a reason for failing to admit or
deny only if the party states that it has made reasonable
inquiry and that the information it knows or can readily
obtain is insufficient to enable it to admit or deny.
Fed. R. Civ. P. 36(a)(4).
producing party believes the responding party’s answer
or objection is insufficient, they may move to determine the
sufficiency. Fed. R. Civ. P. 36(a)(6). If the Court finds
that an answer does not comport with Rule 36, the Court
“may order ...