United States v. Kellert’s Empirical Analysis

Citation profile

1 district · 1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ (2,3) Plaintiff may prevail on its motion for summary judgment only if its request for admissions stands admitted by the defendant. As to this, Rule 36(a) of the Federal Rules provides that ‘Each of the matters of ■which an admission is requested shall he deemed admitted’ unless the party to whom the request is addressed serves on the requesting party either (1) a denial or averment of lack of knowledge or (2) ‘written objections * * *, together with a notice of hearing the objections at the earliest practicable time.’ Defendant’s motion to dismiss plaintiff’s request for admissions must be construed as a memorandum of objections within the second alternative in 36(a). As such it fails to meet the requirements of the Rule because it was not accompanied by a notice of hearing. At no time in the intervening year did the defendant attempt to obtain a hearing on his motion. The objections are of no effect, therefore, and defendant must be deemed to have admitted all the matters on which plaintiff requested admissions. Defendant concedes that these requests for admissions cov■er all of plaintiff’s case. No issue of fact remaining, plaintiff is entitled to •summary judgment.””

   1 later decision quote this exact passage
   e.g. Wider v. Carraway