`Circuit Court
`Sullivan County, Indiana
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`STATE OF INDIANA
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`COUNTY OF SULLIVAN
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`) SS:
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`IN THE SULLIVAN CIRCUIT COURT
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`CAUSE NO. 77C01-1904-CT-204
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`MICHAEL HICKINGBOTTOM,
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`Plaintiff,
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`v.
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`ROBERT CARTERJR., et al.,
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`Defendants.
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`RESPONSE TO PLAINTIFFS’ MOTION TO HAVE QUESTIONS1-12 ADMITTED
`DUE TO DEFENDANTS’ FAILURE TO ANSWER OR DENY PLAINTIFE’S REQUEST
`FOR ADMISSIONS
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`Defendants, by counsel, respectfully submit the following responseto Plaintiff's Motion to
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`Have Questions I-12 Admitted Due to Defendants Failure to Answer Or Deny Plaintiff's Request
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`for Admission.
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`1.
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`In order to expedite this litigation and stem the numberofrepetitive filings from
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`Plaintiff, the Court entered a case managementplan for this litigation on October 9, 2020. [See
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`dkt.].
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`2.
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`In its October 9 Order, the Court set a discovery deadline for December 28, 2020
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`and a dispositive motion deadline for February 11, 2021. [/d.].
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`3.
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`These case management deadlines have not been extended, and neither party has
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`made any showing of good cause as to why these motions should be extended.[/d.].
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`4.
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`On or around March 2, 2021, Plaintiff mailed 12 requests for admissions to the
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`Office of the Indiana Attorney General. [Ex. A at 2-6]. These requests for admissions were
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`received by the Office of the Indiana Attorney General on March4, 2021. [/d. at 6].
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`5.
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`The requests for admissions did not contain any reference to this cause, though they
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`appeared to be directed at Charles Dugan, a named Defendantin this case. [/d. at 2-5].
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`6.
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`On April 5, 2021, undersigned counsel wrote Plaintiff a letter regarding his requests
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`for admissions.
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`[/d. at 1]. In this letter, undersigned informed Plaintiff that his requests for
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`admission to Charles Dugan were served after the discovery deadline had passed in this case, and
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`were thus untimely. [/d.]. Thus, Defendants would not be responding to Plaintiff's discovery
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`requests. [/d.].
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`7.
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`A party is under no obligation to respond to discovery requests where such requests
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`were served after the Court imposed deadline. Floyd v. St. Joseph County, 147 N.E.3d 1064 (Ind.
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`Ct. App. 2020).
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`8.
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`Contrary to the statements in Plaintiff's Motion, Defendants received his unlabeled
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`requests for admissions, noted their objection to such admissions as untimely, and informed
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`Plaintiff that they would not be responding to the requests. [Ex. A].
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`WHEREFORE, Defendants respectfully request that Plaintiff's Motion to Have Questions
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`1-12 Admitted Due to Defendants Failure to Answer Or Deny Plaintiff's Requestfor Admission be
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`denied, along with all other just and properrelief.
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`Respectfully submitted,
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`THEODORE E. ROKITA
`Indiana Attorney General
`Attorney No. 18852-49
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`/s/ Zachary R. Griffin
`Zachary R. Griffin
`Deputy Attorney General
`Attorney No. 35769-49
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`
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`CERTIFICATE OF SERVICE
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`I certify that on June 9, 2021, the foregoing document wasserved uponthe following
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`person(s) via IEFS, if Registered Users, or by depositing the foregoing documentin the U.S.
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`Mail, first class, postage prepaid, if exempt or non-registered user.
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`Michael Hickingbottom
`DOC#147099
`Wabash Valley Correctional Facility
`P.O. Box 1111
`Carlisle, IN 47838
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`OFFICE OF ATTORNEY GENERAL
`Indiana Government Center South, 5Floor
`302 West WashingtonStreet
`Indianapolis, IN 46204-2770
`Telephone:
`(317) 232-4828
`Facsimile:
`(317) 232-7979
`E-mail: Zachary.Griffin@atg.in.gov
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`/s/Zachary R. Griffin
`Zachary R. Griffin
`Deputy Attorney General
`
`
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