Layton

MEMORANDUM ***

Plaintiff-Appellant Dennis Layton appeals the district court’s entry of summary judgment in favor of the Defendant-Appel *341 lee International Association of Machinists & Aerospace Workers (“IAMAW”). Lay-ton contends that the district court erred by relying on certain facts deemed admitted as a result of Layton’s failure to timely respond to requests for admission pursuant to Fed.R.Civ.P. 36(b). The admitted facts resulted in summary judgment on three of Layton’s five claims (age discrimination, retaliation, and harassment). The district court entered summary judgment on Layton’s two remaining claims (breach of contract and breach of implied covenant of good faith and fair dealing), after it determined those claims were preempted by 29 U.S.C. § 185 (a) and barred under the resulting six-month statute of limitations. We affirm.

The district court did not err when it deemed facts admitted because of Layton’s failure to timely respond to requests for admission. There is no dispute that Lay-ton did not respond on time; the facts were thus admitted without the need for any further action by the court or the parties. F.T.C. v. Medicar LLC, 217 F.Supp.2d 1048, 1053…