Diane Breitman v. Brett Stettner

MEMORANDUM

This case involves a dispute over the failed sale of the 230-carat Wynn Diamond. Diane Breitman, the putative seller of the diamond, sued Brett Stettner, a would-be buyer, alleging breach of contract along with a number of other related causes of action. The district court granted summary judgment for Stettner. Breitman appeals, alleging the district judge committed error by: (1) granting Stettner’s motion to withdraw certain deemed admissions without providing Breitman notice or a formal opportunity to be heard, (2) granting Stettner’s motion for summary judgment based on the absence of material disputed facts created by withdrawing the admissions and other evidence purportedly not found in the motion, and (3) denying Breitman’s several motions to extend or modify discovery.

It is unnecessary for us to determine whether the district judge erred by granting Stettner’s motion to withdraw certain deemed admissions without granting Breit-man the formal opportunity to respond, although she did have notice of the motion. Any error, to the extent that one was made, is harmless. Under Federal Rule of Civil Procedure 36(b), the court has the discretion to allow a party to…