Lal Dev v. Patrick Donahoe

MEMORANDUM

Lai Dev appeals the district court’s award of summary judgment in favor of Patrick Donahoe, Postmaster General of the United States, in an action under Title VII of the Civil Rights Act. 42 U.S.C. § 2000e-2(a)(l). Dev, a carrier for the U.S. Postal Service, alleges that Donahoe took several actions that adversely affected Dev’s employment on account of Dev’s race and gender. We have jurisdiction to review the district court’s award of summary judgment under 28 U.S.C. § 1291 , and we affirm.

Dev provided no basis for striking Dona-hoe’s declaration and exhibit purporting to show that Donahoe served a response to Dev’s 190 requests for admission (RFA) on May 4, 2012, within 30 days of service of the RFA. Fed. R. Civ. P. 36(a)(3). Because the RFA was only considered admitted on the condition that it was unopposed, the proof of service shows that the RFA was never granted, either explicitly or automatically. In the alternative, Donahoe moved for withdrawal of any deemed admission, and the district court did not err in granting that motion pursuant to Federal Rule of Civil Procedure 36(b). Deeming the RFA granted would undermine the “presentation of the merits of the…