Admissions Due While MTC-Arb is Pending - How to resolve?

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I am fighting 2 cases right now. I was "ambitious" and filed MTC-Arb's on both cases (within a short time of each other). One is in Opposition. The other one is unopposed as yet; however, Admissions are coming due on case #2 while the Plaintiff still has time to Oppose. :shock:

Herein lies the question: :?:

How do I resolve avoiding being "Deemed Admitted" while the MTC is pending?

Do I

1) Submit Admissions anyway just to avoid the Default?

2) Motion for Continuance on Admissions pending decision on the MTC-Arb? In which case I'd have to serve a copy of the Continuance to the Plaintiff and reluctantly remind them that they need to Oppose the MTC still.

3) "Request" for Continuance on Admissions pending decision on the MTC, in which case I might not (?) have to serve a copy to the Plaintiff. (I'm not sure if there is any difference in a Request vs a Motion in Utah; I just found a hand-written Request in a Utah case -- written by a defendant, and upheld by judge.)

4) Deny admissions based on the MTC: "Deny pending the Motion To Compel"?

I should add, this is a relatively easy case for the Plaintiff -- they have already sent me copies of statements beginning with a $0 balance in their Initial Disclosures. I should also add this atty is aggressive and moves FaST! And they mailed a settlement offer simultaneous with the Admissions and Discovery. [The balance is relatively low, and we are toying with the idea of settling. Although, arb would be best as it buys us time.]

I initially wrote Admissions as something to the effect of "Defendant Denies. Objects to the request for admission as burden of proof rests with the Plaintiff". I did not send that Answer in the mail yet.

Also, after looking at Utah rules I thought my Admissions draft may subject me to further penalty (I posted them below). (Unless I'm misunderstanding the Rules below... which is altogether possible.)

I'm pretty sure this is an OC -- and proving their case won't be difficult for them.

I am running out of time to Answer Admissions. :confused:


Court Rules:

(a)(2) Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless, within thirty days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by his attorney, but, unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of 45 days after service of the summons and complaint upon him. If objection is made, the reasons therefor shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify his answer or deny only a part of the matter of which an admission is requested, he shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him to admit or deny. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request; he may, subject to the provisions of Rule 37©, deny the matter or set forth reasons why he cannot admit or deny it.

(a)(3) The party who has requested the admissions may move to determine the sufficiency of the answers or objections. Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of this rule, it may order either that the matter is admitted or that an amended answer be served. The court may, in lieu of these orders, determine that final disposition of the request be made at a pretrial conference or at a designated time prior to trial. The provisions of Rule 37(a)(4) apply to the award of expenses incurred in relation to the motion.

(B) Effect of admission. Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission. Subject to the provisions of Rule 16 governing amendment of a pretrial order, the court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved thereby and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice him in maintaining his action or defense on the merits. Any admission made by a party under this rule is for the purpose of the pending action only and is not an admission by him for any other purpose nor may it be used against him in any other proceeding.

37© Expenses on failure to admit. If a party fails to admit the genuineness of any document or the truth of any matter as requested under Rule 36, and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, the party requesting the admissions may apply to the court for an order requiring the other party to pay the reasonable expenses incurred in making that proof, including reasonable attorney fees. The court shall make the order unless it finds that (1) the request was held objectionable pursuant to Rule 36(a), or (2) the admission sought was of no substantial importance, or (3) the party failing to admit had reasonable ground to believe that he might prevail on the matter, or (4) there was other good reason for the failure to admit.

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