Fodera, Jr. v. Equinox Holdings, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 FRANK J. FODERA, JR., et al., Case No. 19-cv-05072-WHO

Plaintiffs,

ORDER GRANTING MOTION TO

v. WITHDRAW DEEMED ADMISSIONS

EQUINOX HOLDINGS, INC., Re: Dkt. No. 108 Defendant.

Defendant Equinox Holdings, Inc. (“Equinox”) seeks to withdraw admissions regarding class data that were automatically made under Federal Rule of Civil Procedure 36 because Equinox filed its responses three days late. The motion is GRANTED. Withdrawing the admissions promotes the presentation of the merits of the action and the plaintiffs have not shown that they will be prejudiced as a result. Moreover, allowing the parties to rely on inaccurate data does not serve the ultimate purposes of Rule 36: truth-seeking and efficiency. BACKGROUND At issue are two letters (“the letters”)—one dated June 1, 2021, the other July 22, 2021— that Equinox’s counsel sent to the plaintiffs’ counsel. Mot. [Dkt. No. 108] 5:3-10. The parties …