[Calpernia]

The admissions are now filed. See post 296. I’m thinking the Obama team dropped the ball by assuming their motion meant they didn’t have to respond.

[David]

With all due respect, CR36 is discovery; in a Federal Court proceeding, you don't get discovery prior to the scheduling order unless you have filed a motion for early discovery and the Court has entered an order giving it to you.

Berg moved for early discovery; I don't see where the court has granted it. The defendants have filed a cross motion seeking to defer discovery until the court has ruled on their motion to dismiss. Don't think the court has granted either the cross motion on discovery or the motion to dismiss.

But Berg doesn't even get the clock ticking on his Rule 36 Request until the court grants him early discovery.

All this is part of the price Berg pays for not having been organized and well thought out before he started his lawsuit.