McCartney

MEMORANDUM **

I.

GTE Directories Corp. (“GTE”) brought this action for declaratory relief against Sherry McCartney (“McCartney”). GTE alleged that McCartney, who was authorized to sell national yellow page advertising on behalf of GTE, failed to comply with GTE’s terms and conditions relating to the submission of advertising orders-namely, she failed to make payments and was continuously late in submitting orders. Thus, GTE sought a declaration that it was entitled to refuse further orders submitted by McCartney. McCartney counterclaimed, alleging various state law claims and violations of the Clayton and Sherman Acts.

The procedural history of this case below is lengthy and mostly unnecessary to the resolution of this appeal. Of significant relevance here is McCartney’s failure to respond to GTE’s request for admissions. As a result of her failure, the admissions were deemed admitted. See Fed. R.Civ.P. 36(b). She attempted to withdraw these admissions twice, both times unsuccessfully. 1 She never filed a third motion.

GTE sought summary judgment on all claims and counterclaims primarily relying on the deemed admissions. In her opposition, McCartney argued that the district…