United States District Court, E.D. California
ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY
A. MENDEZ UNITED STATES DISTRICT JUDGE
Williams (“Plaintiff”) sued Defendants Ikea U.S.
West Inc. #157, Ikea West Sacramento, Ikea Holding U.S. Inc.,
and Does 1-25 (“Defendants”), alleging that she
was injured tripping on stairs at their West Sacramento
store. Compl., ECF No. 1, p. 4. She brings claims for general
negligence and premises liability. Id. at 4-5.
Defendants moved for summary judgment. Mot., ECF No. 6.
Defendants' motion is unopposed. For the reasons set
forth below, the Court GRANTS Defendants'
Complaint alleges that she tripped on a plastic strip at the
end of a stairway in Defendants' store on January 28,
2015. Compl. at 4. She filed a lawsuit in Sacramento County
Superior Court on December 23, 2016. Id. at 1.
Defendants removed to this Court based on diversity
jurisdiction. Notice of Removal, ECF No. 1, pp. 1-2.
Defendant Ikea is a Delaware corporation with its principle
place of business in Pennsylvania. Id. at 2.
Plaintiff is a citizen of California and seeks over $75, 000
in damages. Id.
January 17, 2018, Defendants filed a Motion for Summary
Judgment, ECF No. 6, on the ground that Plaintiff's
failure to timely respond to Requests for Admission has
deemed those statements admitted. In that motion, Defendants
allege that Plaintiff served discovery responses over eight
months late without explanation or a request for extension.
Id. at 3-4. Pursuant to the Court's filing
requirements, ECF No. 3-2, Plaintiff's opposition to the
summary judgment motion was due 28 days prior to the
scheduled hearing on February 27, 2018. Plaintiff has not
filed an opposition and there is no record of an extension
having been sought or granted.
there is no dispute that Plaintiff did not timely respond to
the Requests for Admission, due within 30 days of service
under Federal Rule of Civil Procedure 36(a)(3). Due to the
self-executing nature of Rule 36(a), the facts are deemed
admitted without a motion for admissions. F.T.C. v.
Medicor LLC, 217 F.Supp.2d 1048, 1053 (C.D. Cal. 2002).
“Once admitted, the matter ‘is conclusively
established unless the court on motion permits withdrawal or
amendment of the admission' pursuant to Rule
36(b).” Conlon v. United States, 474 F.3d 616,
621 (9th Cir. 2007) (quoting Fed.R.Civ.P. 36(b)). No. such
motion or request under Rule 36(b) has been made here.
requests for admissions may be relied on as the basis for
granting summary judgment.” Id. The facts
deemed admitted by Plaintiff's failure to submit a timely
response to Defendants' requests for admission include:
(1) that Plaintiff has no basis to sue Defendants for her two
(2) that Plaintiff's own negligence and carelessness
caused her injuries;
(3) that Plaintiff was not permanently injured or disabled in
any manner because of the incident;
(4) that the incident caused Plaintiff no pain and will not
require any future surgery;
(5) that Plaintiff received worker's compensation and
unemployment insurance because of the incident; and
(6) that she has not had any medical treatment from 2012 to
Req. for Admis., ECF No. 6-3, pp. 1-6. Defendants reminded
Plaintiff in the requests for admissions that
“fail[ure] to comply with the provisions of Rule 36 of
the Federal Rules of Civil Procedure with respect to these
Requests for Admissions” may ...