United States District Court, D. Nebraska
R. Zwart United States Magistrate Judge.
matter is before the court on Defendant Top's Personnel
Inc.'s ("Top's Personnel") Motion to Extend
or in the alternative, Motion to Amend. (Filing No.
49). For the following reasons, Defendant's motion
to amend is granted.
March 3, 2016, Plaintiff Applied Underwriters, Inc.
("Applied Underwriters") filed an amended complaint
against Top's Personnel alleging that Top's Personnel
failed to make the required payments on a promissory note
("the Note") entered into by the parties. (Filing
No. 23). Specifically, the complaint alleges
5. Top's Personnel has failed to make the required
payments under the Note and Applied has made written demand
on Top's Personnel for payment of the outstanding
principal and interest due.
6. Top's Personnel has have [sic] failed, refused, and
neglected to pay the Note, and there is currently due after
all credits $126, 488.45 plus accruing per diem interest.
(Filing No. 23 ¶¶ 5 & 6 at CM/ECF p. 2).
Top's Personnel filed its answer on June 30, 2016 and
expressly denied each of these allegations. (Filing No. 36
¶¶ 5 & 6 at CM/ECF pj.).
September 26, 2016, Applied Underwriters served its Requests
for Admissions requesting Top's Personnel admit the
1. Admit that Defendant has failed to make the required
payments under the May 15, 2014 Promissory Note
2. Admit that Plaintiff has made written demand on Defendant
for payment of the outstanding principal and interest due
under the May 15, 2014 Promissory Note.
3. Admit that Defendant owes Plaintiff $126, 488.45 under the
May 15, 2014 Promissory Note along with accruing interest.
(Filing No. 52-1 at CM/ECF p. 4). On November 30, 2016
Top's Personnel served its responses denying each of
Applied Underwriters' requests for admission. (Filing No.
52-1 at CM/ECF p. 9). Thereafter on December 9, 2016
Plaintiffs counsel sent a letter to Top's Personnel
stating that pursuant to the Federal Rules of Civil Procedure
the requests for admission were deemed admitted as Top's
Personnel failed to provide a timely response. (Filing No.
52-1 at CM/ECF p. 11).
undersigned conducted a telephonic conference with counsel
discussing ongoing discovery disputes on December 22, 2016.
The undersigned instructed Top's Personnel to file a
motion regarding the instant dispute by January 17, 2017. The
undersigned also instructed the parties to file any motions
to compel by the same deadline.
December 29, 2016, the defendant sent a meet-and-confer
letter to Plaintiffs counsel. (Filing No. 52-1 at CM/ECF p.
16). Plaintiff responded by letter on January 6, 2017,
indicating that it would not stipulate to deeming
Defendant's responses valid until it received
Defendant's response to Plaintiff's own
meet-and-confer letter (Filing No. 52-1 at ...