Brust v. Industrial Bank of Commerce

WEINFELD, District Judge.

I am not disposed to penalize the defendant for the neglect of its counsel in failing promptly to respond to the requests for admission made pursuant to Rule 36 of the Federal Rules of Civil Procedure, 28 U.S.C.A., which is attributed to lack of familiarity with the Federal Rules, particularly so since I am not at all persuaded that plaintiffs will be prejudiced if they are required to accept the belatedly proferred responses. Under the circumstances, it is unnecessary to decide whether the neglect here constitutes “excusable neglect” within the meaning of Rule 6(b)…