Raiser v. Utah Cnty., 409 F.3d 1243 (10th Cir. 2005). · Go Syfert
Raiser v. Utah Cnty., 409 F.3d 1243 (10th Cir. 2005). Cases Citing This Book View Copy Cite
190 citation events (190 in the last 25 years) across 28 distinct courts.
Strongest positive: Nunez v. Valente (arizctapp, 2026-04-24)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Nunez v. Valente
Ariz. Ct. App. · 2026 · quote attribution · 1 verbatim quote · confidence high
more 15 nunez v. valente opinion of the court than a failure to meet deadlines is required to deny a party relief from an admission.
examined Cited as authority (verbatim quote) Nguyen v. Estate of Walter Bingel (3×) also: Cited as authority (rule)
D. Colo. · 2022 · quote attribution · 1 verbatim quote · confidence high
any prejudice to utah county in preparing a motion for summary judgment is insufficient to foreclose withdrawal or amendment of the admissions.
discussed Cited as authority (verbatim quote) Carter v. Sonic Corporation (2×) also: Cited "see, e.g."
D. Colo. · 2020 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
here, the admissions at issue conceded the core elements of mr. raiser's case.
examined Cited as authority (verbatim quote) Delong v. Merrill (3×) also: Cited as authority (rule)
Ariz. Ct. App. · 2013 · signal: see also · quote attribution · 1 verbatim quote · confidence high
more than a failure to meet deadlines is required to deny a party relief from an admission
examined Cited as authority (verbatim quote) Luckett v. Bodner (8×) also: Cited as authority (rule)
Wis. · 2009 · quote attribution · 2 verbatim quotes · confidence high
the second rule 36(b) factor requires the nonmoving party to show that it would be prejudiced by the withdrawal of the admissions.
examined Cited as authority (verbatim quote) West Bay Builders, Inc. v. United States (3×) also: Cited as authority (rule), Cited "see, e.g."
Fed. Cl. · 2008 · signal: see also · quote attribution · 1 verbatim quote · confidence high
any prejudice to defendant in preparing a motion for summary judgment is insufficient to foreclose withdrawal or amendment of the admissions.
discussed Cited as authority (verbatim quote) Michael J. Conlon v. United States (2×) also: Cited "see, e.g."
9th Cir. · 2007 · signal: see also · quote attribution · 1 verbatim quote · confidence high
only two weeks passed between the due date for mr. raiser's response and the date that he filed his initial motion to amend his admissions or allow an untimely response.
discussed Cited as authority (verbatim quote) Conlon v. United States (2×) also: Cited "see, e.g."
9th Cir. · 2007 · signal: see also · quote attribution · 1 verbatim quote · confidence high
only two weeks passed between the due date for mr. raiser's response and the date that he filed his initial motion to amend his admissions or allow an untimely response.
discussed Cited as authority (quoted) Stubbs v. The Coleman Company, Inc.
D. Nev. · 2022 · quote attribution · 1 verbatim quote · confidence low
finding no prejudice when the nonmoving party had relied on the deemed 19 admissions for only a two-week period in preparing its summary judgment motion
examined Cited as authority (rule) Julie Berry v. Rob Kolkman; Constable Kolkman LLC (5×) also: Cited "see"
D. Utah · 2026 · confidence medium
P. 36(b). 15 Id. 16 Raiser v. Utah County, 409 F.3d 1243, 1247 (10th Cir. 2005). 17 Id. at 1246 (citation omitted). denials in the unsigned answers.18 In the unsigned answers, the LLC denied, partially denied, or objected to seventeen of the twenty-one RFAs.19 Those matters, deemed admitted under the court’s prior order, include facts central to Ms. Berry’s claims, including whether the defendants took specific actions Ms. Berry alleges violated the FDCPA.20 The Kolkman Defendants have shown these admissions would practically eliminate their ability to defend on the merits.
examined Cited as authority (rule) Alvin Lee Bowen, Jr. v. CMG Mortgage, Inc. (4×) also: Cited "see"
D. Kan. · 2026 · confidence medium
Raiser v. Utah Cnty., 409 F.3d 1243, 1245-46 (10th Cir. 2005).
discussed Cited as authority (rule) Promise N. Odunze v. Lake Effect, et al. (2×) also: Cited "see"
D. Utah · 2026 · confidence medium
Once a matter is admitted, it “is conclusively established unless the court on motion permits withdrawal or amendment of the admission.” Raiser v. Utah Cnty., 409 F.3d 1243, 1246 (10th Cir. 2005) (quoting Fed.
examined Cited as authority (rule) Colleen Nix v. New Mexico Department of Public Safety, New Mexico State Police and Kevin B. Keiner (4×) also: Cited "see"
D.N.M. · 2025 · confidence medium
The Tenth Circuit has interpreted the language of Rule 36(b) to permit withdrawal or amendment of an admission should a two-prong test be satisfied: “when [1] the presentation of the merits of the action will be subserved thereby and [2] the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice that party in maintaining the action or defense on the merits.” Raiser v. Utah Cnty., 409 F.3d 1243, 1246 (10th Cir. 2005) (quoting FED.
examined Cited as authority (rule) Colleen Nix v. New Mexico Department of Public Safety, New Mexico State Police and Kevin B. Keiner (4×) also: Cited "see"
D.N.M. · 2025 · confidence medium
The Tenth Circuit has interpreted the language of Rule 36(b) to permit withdrawal or amendment of an admission should a two-prong test be satisfied: “when [1] the presentation of the merits of the action will be subserved thereby and [2] the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice that party in maintaining the action or defense on the merits.” Raiser v. Utah Cnty., 409 F.3d 1243, 1246 (10th Cir. 2005) (quoting FED.
discussed Cited as authority (rule) ACT Education Corp. v. Hildebrandt
D. Utah · 2025 · confidence medium
Once a matter is admitted, it “‘is conclusively established unless the court on motion permits withdrawal or amendment of the admission.’” Raiser v. Utah Cnty., 409 F.3d 1243, 1246 (10th Cir. 2005) (quoting Fed.
discussed Cited as authority (rule) Schulz v. Storylines Global
D. Utah · 2025 · confidence medium
Although the United States Court of Appeals for the Tenth Circuit has stated “no litigant should ignore deadlines established by applicable rules,” it has also instructed that “more than a failure to meet deadlines is required to deny a party relief from an admission.” Raiser v. Utah County, 409 F.3d 1243, 1247 (10th Cir. 2005). intent to offer only leasehold interests, and the timing of its disclosures to Ms. Schulz—go directly to the parties’ competing positions in their cross-motions for summary judgment.63 If deemed admitted, these RFAs would conclusively resolve disputed issue…
discussed Cited as authority (rule) HiTex, LLC v. Vorel
W.D. Okla. · 2025 · confidence medium
Courts apply a two-factor test when deciding whether to allow withdrawal or amendment of an admission: “‘when [1] the presentation of the merits of the action will be subserved thereby and [2] the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice that party in maintaining the action or defense on the merits.’” Id. at *3 (quoting Raiser v. Utah Cnty., 409 F.3d 1243, 1246 (10th Cir. 2005)).
cited Cited as authority (rule) Marsh v. Homesite Indemnity Company
N.D. Okla. · 2025 · confidence medium
The matters are now conclusively established unless Homesite obtains an order for withdrawal or amendment under the test articulated by Raiser v. Utah County, 409 F.3d 1243, 1246 (10th Cir. 2005).
cited Cited as authority (rule) Garrels v. Union Pacific Railroad Company
D. Kan. · 2025 · confidence medium
April 7, 2009). 15 Id. (citing Raiser v. Utah Cnty., 409 F.3d 1243, 1246 (10th Cir. 2005)). 16 Id. 17 Team Logistics, Inc. v. Orderpro Logistics, Inc., No. 04-2061-JWL, 2005 WL 1140774 , at *3 (D.
discussed Cited as authority (rule) Glyde Solar v. Newby
D. Utah · 2025 · confidence medium
See Wilver v. Fisher, 387 F.2d 66, 69 (10th Cir. 1967) (“The law favors the disposition of litigation on its merits.”); Raiser, 409 F.3d at 1246 (reversing a district court, allowing a party to withdraw its admissions, in part, to promote presentation of the case on the merits). 24 ECF No. 35, at 8.
cited Cited as authority (rule) Jackson v. Jersey Community Hospital
S.D. Ill. · 2024 · confidence medium
To be sure, “[m]ere inconvenience does not constitute prejudice for this purpose.” Raiser v. Utah Cnty., 409 F.3d 1243, 1246 (10th Cir. 2005).
examined Cited as authority (rule) United States v. 316 75th Street SW, Albuquerque, NM 87121 (4×) also: Cited "see"
D.N.M. · 2023 · confidence medium
P. 36(b) factor, the district court may allow withdrawal or amendment of admissions when “the presentation of the merits of the action will be subserved thereby.” Raiser v. Utah Cnty., 409 F.3d 1243, 1246 (10th Cir. 2005).
cited Cited as authority (rule) United States v. $165,620.00 in United States Currency
D. Kan. · 2022 · confidence medium
Raiser v. Utah Cnty., 409 F.3d 1243, 1246 (10th Cir. 2005) (citing Perez v. Miami-Dade Cnty., 297 F.3d 1255, 1266 (11th Cir. 2002)).
cited Cited as authority (rule) Western Investment, Inc. v. Continental Western Insurance Company
D. Kan. · 2022 · confidence medium
May 20, 2014) (citing Ropfogel, 138 F.R.D. at 583 ). 4 “Mere inconvenience does not constitute prejudice for this purpose.” Raiser v. Utah Cnty., 409 F.3d 1243, 1246 (10th Cir. 2005).
discussed Cited as authority (rule) Logisys, Inc. v. Williams
N.D. Okla. · 2022 · confidence medium
Instead, it will be up to Williams to move—if appropriate—to withdraw or amend his admissions under Rule 36(b) and the standard set forth by the Tenth Circuit in Raiser v. Utah County, 409 F.3d 1243, 1246 (10th Cir. 2005).
discussed Cited as authority (rule) De Gomez v. Adams County (2×)
D. Colo. · 2022 · confidence medium
The Requests for Admission are Deemed Admitted “Rule 36(a) provides that ‘[a] party may serve upon any other party a written request for the admission’ of the truth of certain matters.” Raiser v. Utah County, 409 F.3d 1243, 1246 (10th Cir. 2005) (quoting Fed.
discussed Cited as authority (rule) Mejia v. Ayala
N.D. Tex. · 2022 · confidence medium
Tex. June 15, 2021) (Fitzwater, J.) (rejecting argument that reliance on deemed admissions in preparing summary judgment motion constituted prejudice because “the prejudice defendants describe in their response—i.e., the need to seek additional relief so that they can reassert dispositive motions on the amended pleadings and revised record—is not the type of prejudice that Rule 36(b) envisions”); Conlon v. United States, 474 F.3d 616, 624 (9th Cir. 2007) (“We agree with the other courts that have addressed the issue and conclude that reliance on a deemed admission in preparing a summ…
discussed Cited as authority (rule) Pearce v. State Farm Fire and Casualty Company (2×)
D. Colo. · 2021 · confidence medium
This court finds that the requests for admissions submitted March 25, 2021 are “conclusively established,” as it must, “unless the court on motion permits withdrawal or amendment of the admission.” Raiser v. Utah Cnty., 409 F.3d 1243, 1246 (10th Cir. 2005) (citing Fed.
discussed Cited as authority (rule) United States v. Tebedo
D. Colo. · 2020 · confidence medium
P. 36(b) (“A matter admitted under this rule is conclusively established unless the court, on motion, permits the admission to be withdrawn or amended.”); Raiser v. Utah County, 409 F.3d 1243, 1246 (10th Cir. 2005). 9 since that time and has unfettered access to the home.
discussed Cited as authority (rule) State Farm Fire & Casualty Company v. Webb
D. Colo. · 2020 · confidence medium
In Raiser v. Utah County, 409 F.3d 1243, 1245 (10th Cir. 2005), the Tenth Circuit Court of Appeals held that the district court abused its discretion by not allowing the plaintiff to amend his responses to requests for admission.
discussed Cited as authority (rule) Post v. Brodnik (2×)
Bankr. S.D.W. Va. · 2019 · confidence medium
Thus, “courts should focus on the prejudice that the nonmoving party would suffer at trial.” Id. at 623 ; see also Williams v. Wells Fargo Bank, N.A., 560 F. App’x 233, 244 (5th Cir. 2014) (affirming denial of withdrawal where movant failed to establish that nonmovant would not be prejudiced by request to withdraw weeks before the trial date, after the close of discovery and the dispositive motion deadline, and after a motion for summary judgment had been filed); Raiser v. Utah County, 409 F.3d 1243, 1247 (10th Cir. 2005) (no prejudice where the nonmovant relied on the deemed admissions …
discussed Cited as authority (rule) Seo v. Oh
D.D.C. · 2019 · confidence medium
Credit Union, 296 F.R.D. 9, 15 (D.D.C. 2013) (denying a motion for summary judgment as premature where it relied on Rule 36 admissions the Court permitted the non-moving party to amend); see also Perez, 297 F.3d at 1269 (vacating summary judgment where the moving party’s motion relied on Rule 36 admissions that the district court should have permitted the non-moving party to withdraw); Raiser v. Utah Cnty., 409 F.3d 1243, 1247 (10th Cir. 2005) (same).
examined Cited as authority (rule) United States ex rel. Graybar Electric Co. v. Team Construction, LLC (3×) also: Cited "see"
E.D.N.C. · 2017 · confidence medium
Id.; see Adventis, Inc., 124 Fed.Appx. at 173 ; In re Carney, 258 F.3d 415, 419 (5th Cir. 2001). “[M]ore than a failure to meet deadlines is required to deny a party relief from an admission.” Raiser v. Utah Cty., 409 F.3d 1243, 1247 (10th Cir. 2005).
discussed Cited as authority (rule) Janet K. Sanford v. Walter Dudley
Miss. Ct. App. · 2016 · confidence medium
Rather, “[t]he prejudice contemplated by Rule 36(b) ‘relates to the difficulty a party may face in proving its case’ because of the sudden need to obtain evidence required to prove the matter that had been admitted.” Id. (quoting Gutting v. Falstaff Brewing Corp., 710 F.2d 1309, 1314 (8th Cir.1983)); accord, e.g., Thanedar v. Time Warner Inc., 352 Fed.Appx. 891, 896 (5th Cir.2009); Conlon v. United States, 474 F.3d 616, 622 (9th Cir.2007); Raiser v. Utah Cty., 409 F.3d 1243, 1246 (10th Cir.2005); Perez v. Miami-Dade Cty., 297 F.3d 1255, 1266 (11th Cir.2002).
discussed Cited as authority (rule) Diamond v. Vickery (In re Vickery) (2×) also: Cited "see"
D. Colo. · 2015 · confidence medium
Raiser v. Utah County, 409 F.3d 1243, 1246 (10th Cir.2005).
examined Cited as authority (rule) Bates v. Anderson (6×)
Mont. · 2014 · confidence medium
Something more is required.” Raiser v. Utah Co., 409 F.3d 1243, 1246 (10th Cir. 2005) (quotation omitted).
examined Cited as authority (rule) Sawyer v. USAA Insurance (5×)
D.N.M. · 2012 · confidence medium
R.Civ.P. 36(b); Raiser v. Utah County, 409 F.3d 1243, 1246 (10th Cir.2005).
discussed Cited as authority (rule) Regional Care Services Corp. v. Companion Life Insurance
D. Ariz. · 2012 · confidence medium
But see, Perez v. Miami-Dade County, 297 F.3d 1255, 1268 (11th Cir.2002) (finding no prejudice, in part, because Perez had relied on the admissions for only six days); Raiser v. Utah County, 409 F.3d 1243, 1247 (10th Cir.2005) (“Only two weeks passed between the due date for Mr. Raiser’s response and the date that he filed his initial motion to amend his admissions or allow an untimely response.”) (emphasis added).
examined Cited as authority (rule) Pedroza v. Lomas Auto Mall, Inc. (5×) also: Cited "see"
D.N.M. · 2009 · confidence medium
“The court may permit such withdrawal or amendment ‘when [1] the presentation of the merits of the action will be subserved thereby and [2] the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice that party in maintaining the action or defense on the merits.’ ” Raiser v. Utah County, 409 F.3d 1243, 1246 (10th Cir.2005)(quoting Fed.R.Civ.P. 36(b))(brackets in Raiser v. Utah County).
discussed Cited as authority (rule) In re: Aaron Raiser
10th Cir. · 2008 · confidence medium
Appx. 804, 811 (10th Cir.) cert. denied - U.S. -, 128 S.Ct. 378 , 169 L.Ed.2d 261 (2007) (affirming entry of summary judgment to Brigham Young University and the Church of Jesus Christ of Latter-Day Saints on civil-rights and breach-of-privacy claims); Raiser v. Church of Jesus Christ of Latter-Day Saints, 182 Fed.Appx. 810, 812 (10th Cir.2006) cert. denied, - U.S. -, 127 S.Ct. 1381 , 167 L.Ed.2d 160 (2007) (affirming denial of motion to proceed under a pseudonym and dismissing appeal of pre-trial discovery order); Raiser v. Utah County, 409 F.3d 1243, 1245 (10th Cir.2005) (reversing grant of …
cited Cited as authority (rule) Zimmermann v. Cambridge Credit Counseling Corp.
D. Mass. · 2008 · confidence medium
See, e.g., Conlon v. United States, 474 F.3d 616, 621 (9th Cir.2007); Raiser v. Utah County, 409 F.3d 1243, 1246 (10th Cir.2005); Perez v. Miami-Dade County, 297 F.3d 1255, 1265 (11th Cir.2002). 15 .
discussed Cited as authority (rule) Thomas v. Paulson (2×) also: Cited "see, e.g."
D.D.C. · 2007 · confidence medium
Renewing his Rule 36(b) motion for withdrawal or amendment of the admissions in his opposition to the defendant's motion for summary judgment, the plaintiff opined that "[t]he admissions granted by the [C]ourt effectually gut the merits of the plaintiff's prima facie case,” Pl.'s Opp. at 8, and argued that "more than a failure to meet deadlines is required to deny a party relief from an admission,” id. at 9 (quoting Raiser v. Utah County, 409 F.3d 1243, 1247 (10th Cir.2005)).
discussed Cited as authority (rule) In re: Raiser v.
10th Cir. · 2007 · confidence medium
See, e.g., Raiser v. Church of Jesus Christ of Latter-Day Saints, 211 Fed.Appx. 804, 811 (10th Cir.2007) (affirming district court’s entry of summary judgment to Brigham Young University and the Church of Jesus Christ of Latter-Day Saints on civil-rights and breach-of-privacy claims); Raiser v. Church of Jesus Christ of Latter-Day Saints, 182 Fed.Appx. 810, 812 (10th Cir.2006) cert. denied, — U.S. -, 127 S.Ct. 1381 , 167 L.Ed.2d 160 (2007) (affirming district court's denial of Mr. Raiser's motion to proceed under a pseudonym and dismissing appeal of pre trial discovery order); Raiser v. Ut…
discussed Cited as authority (rule) Hodges v. Lewis & Lewis, Inc. (2×) also: Cited "see"
Wyo. · 2005 · confidence medium
Raiser v. Utah County, 409 F.3d 1243, 1245-46 (10th Cir.2005).
discussed Cited as authority (rule) Anderson v. Sedgwick County
10th Cir. · 2005 · confidence medium
“We review grants of summary judgment de novo to determine whether any genuine issue of material fact exists, viewing all evidence and any reasonable inferences that might be drawn therefrom in the light most favorable to the non-moving party.” Raiser v. Utah County, 409 F.3d 1243, 1246 (10th Cir. 2005) (internal quotation marks omitted).
discussed Cited "see" Moffit v. ValueHealth, LLC
D. Kan. · 2024 · signal: see · confidence high
See Raiser v. Utah Cnty., 409 F.3d 1243, 1246 (10th Cir. 2005) (prejudice contemplated by Rule 36(b) relates to difficulty a party may face in proving its case because of sudden need to obtain evidence with respect to questions previously deemed admitted); see also Ropfogel v. United States, 138 F.R.D. 579, 583 (D.
discussed Cited "see" Snelson v. Daimler Trucks North America, LLC
S.D. Cal. · 2023 · signal: accord · confidence high
Rather, it relates to the difficulty a party may face in proving its case, e.g., caused by the unavailability of 2 key witnesses, because of the sudden need to obtain evidence 3 with respect to the questions previously deemed admitted. 4 Id. (citation omitted). “[R]eliance on a deemed admission in preparing a summary 5 judgment motion does not constitute prejudice.” Id. at 624; accord Raiser v. Utah County, 6 409 F.3d 1243, 1247 (10th Cir. 2005) (no prejudice where party who propounded requests 7 for admission relied on deemed admission for a two-week period in preparing a motion for 8 sum…
discussed Cited "see" Estate of Angelo Wright v. Burnham
10th Cir. · 2023 · signal: see · confidence high
See Raiser v. Utah Cnty., 409 F.3d 1243 , 1245 n.2 (10th Cir. 2005); Bristol v. Fibreboard Corp., 789 F.2d 846, 847 (10th Cir. 1986). 2 Appellate Case: 22-4033 Document: 010110803149 Date Filed: 01/25/2023 Page: 3 demonstrate deliberate indifference to Mr. Wright’s medical needs.
discussed Cited "see" Tracy v. Vail Resorts
10th Cir. · 2022 · signal: see · confidence high
See Raiser v. Utah Cnty., 409 F.3d 1243 , 1245 n.2 (10th Cir. 2005). 2 In its response brief, Vail indicated that Mr. Tracy’s employer was actually VR CPC Holdings, Inc., which is an indirect subsidiary of Vail.
discussed Cited "see" Kahrs International, Inc. v. United States
Ct. Intl. Trade · 2009 · signal: accord · confidence high
Id.; accord Raiser v. Utah County, 409 F.3d 1243, 1246 (10th Cir.2005). 5 The prejudice that is contemplated by Rule 36(b) “relates to the difficulty a party may face in proving its case, e.g., caused by the unavailability of key witnesses, because of the sudden need to obtain evidence with respect to the questions previously deemed admitted.” Hadley, 45 F.3d at 1348 (internal quotes omitted); see also Coca-Cola Bottling Co. v. Coca-Cola Co., 123 F.R.D. 97, 106 (D.Del.1988) (“Generally, courts have defined the prejudice as relating to the difficulty a party may face in proving its case b…
Retrieving the full opinion text from the archive…
Aaron RAISER, Plaintiff-Appellant,
v.
UTAH COUNTY, Defendant-Appellee
04-4019.
Court of Appeals for the Tenth Circuit.
Jun 1, 2005.
409 F.3d 1243
2005 U.S. App. LEXIS 9987
2005 WL 1283802
Submitted on the briefs 1: Aaron Raiser, pro se., Jesse C. Trentadue and John D. Luthy, Suitter Axland, Salt Lake City, UT, for Appellee.
Kelly, Baldock, Hartz.
Cited by 58 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 79%
Citer courts: D. Nevada (1)
HARTZ, Circuit Judge.

Aaron Raiser, proceeding pro se, appeals the district court’s grant of summary judgment to Utah County. The district court granted judgment based on admissions that Mr. Raiser was deemed to have made when he failed to respond within 30 days to the County’s requests for admissions. See FedR.Civ.P. 36(a). We have jurisdiction under 28 U.S.C. § 1291. Because we believe that the district court abused its discretion by not allowing Mr. Raiser to amend his response to the request for admissions, we vacate the judgment in favor of Utah County, reverse the denial of Mr. Raiser’s motions to amend, and remand for further proceedings.

I

On November 7, 2002, Mr. Raiser filed suit against Utah County and an unnamed deputy [2] in his individual capacity, alleging that they violated his civil rights and committed state-law torts through various policies and actions. The district court later allowed Mr. Raiser to file an amended complaint and a second amended complaint. On March 13, 2003, Mr. Raiser served Utah County with interrogatories. On April 14, 2003, Utah County requested a protective order staying discovery against it because of qualified immunity and moved to dismiss Mr. Raiser’s claims on the same ground. The district court denied both motions the next month. On September 4, 2003, Utah County mailed its discovery requests, which included requests for admissions, to Mr. Raiser. On September 22 it mailed its responses to Mr. Raiser’s discovery requests.

Mr. Raiser did not respond to Utah County’s discovery requests within 30 days, and on October 17, 2003, Utah County filed a notice of admissions with the district court. Four days later Mr. Raiser moved the district court to amend the admissions or allow him to file a late response to the request for admissions. He argued that it was “manifestly unfair” that Utah County had taken six months to respond to his discovery yet it sought to enforce strictly the 30-day period against him. R. Vol. I, Doc. 42, at 2. He also contended that the court should decide his October 8, 2003, motion to file a third amended complaint before he responded to the County’s requested discovery. On October 23 Utah County moved for summary judgment based on the deemed admissions. On October 27 Mr. Raiser renewed his motion for additional time to respond to the request for admissions and he filed a response on November 12, without having received court permission.

On December 15, 2003, the district court denied Mr. Raiser’s motions to amend the admissions or allow an untimely response to the requests for admissions, and it granted Utah County’s motion for summary judgment. The district court also denied Mr. Raiser’s later motion to alter or amend its judgment under Fed.R.Civ.P. 59(e) because he proffered no new arguments or evidence to support his position. Mr. Raiser appeals.

II

We apply the abuse-of-discretion standard when reviewing district-court de[*1246] cisions whether to permit withdrawal or amendment of responses to requests for admissions under Fed.R.Civ.P. 36(b). See Bergemann v. United States, 820 F.2d 1117, 1121 (10th Cir.1987). “We review grants of summary judgment de novo to determine whether any genuine issue of material fact exists, viewing all evidence and any reasonable inferences that might be drawn therefrom in the light most favorable to the non-moving party.” Croy v. Cobe Labs., Inc., 345 F.3d 1199, 1201 (10th Cir.2003).

Rule 36(a) provides that “[a] party may serve upon any other party a written request for the admission” of the truth of certain matters. If the receiving party fails to respond to the request within 30 days, or within such other time as the court may allow, the matter is deemed admitted. Id.

Once a matter is admitted, it “is conclusively established unless the court on motion permits withdrawal or amendment of the admission.” Fed.R.Civ.P. 36(b). The court may permit such withdrawal or amendment “when [1] the presentation of the merits of the action will be subserved thereby and [2] the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice that party in maintaining the action or defense on the merits.” Id.; see Perez v. Miami-Dade County, 297 F.3d 1255, 1265 (11th Cir.2002).

With regard to the first Rule 36(b) factor, the district court found that Mr. Raiser had “fail[ed] to make any showing that withdrawal or amendment of the admissions would subserve the presentation of the merits of the action.” R. Vol. II, Doc. 59, at 3 (internal quotation marks omitted). We disagree. As the Eleventh Circuit held, “[tjhis part of the test emphasizes the importance of having the action resolved on the merits, and is satisfied when upholding the admissions would practically eliminate any presentation of the merits of the case.” Perez, 297 F.3d at 1266 (internal quotation marks and citation omitted). Here, the admissions at issue conceded the core elements of Mr. Raiser’s case. Indeed, the district court’s grant of summary judgment was based on the admissions. Thus, allowing the admissions to be withdrawn would subserve the presentation of the merits of the action. See Perez, 297 F.3d at 1266; Hadley v. United States, 45 F.3d 1345, 1348 (9th Cir.1995); FDIC v. Prusia, 18 F.3d 637, 640 (8th Cir.1994).

The second Rule 36(b) factor requires Utah County to show that it would be prejudiced by the withdrawal of Mr. Raiser’s admissions. Mere inconvenience does not constitute prejudice for this purpose. “The prejudice contemplated by Rule 36(b) is not simply that the party who obtained the admission now has to convince the jury of its truth. Something more is required.” Bergemann, 820 F.2d at 1121. In particular, “[preparing a summary judgment motion in reliance upon an erroneous admission does not constitute prejudice.” Kirtley v. Sovereign Life Ins. Co. (In re Durability Inc.), 212 F.3d 551, 556 (10th Cir.2000) (internal quotation marks omitted). “The prejudice contemplated by Rule 36(b) ... relates to the difficulty a party may face in proving its case, e.g., caused by the unavailability of key witnesses, because of the sudden need to obtain evidence with respect to the questions previously deemed admitted.” Hadley, 45 F.3d at 1348 (internal quotation marks omitted).

The district court made no specific finding that Utah County would be prejudiced by a withdrawal or amendment of the deemed admissions. The district court’s decision indicates that its chief concern was the absence of reasons for Mr. Raiser’s untimeliness. It stated, “In the[*1247] end, Plaintiff has failed to offer a credible excuse for not responding to the request for admissions, and fails to give any basis to deny them effect.” R. Vol. II, Doc. 59, at 6. We agree with the district court that no litigant should ignore deadlines established by applicable rules, and sanctions may well be appropriate. But more than a failure to meet deadlines is required to deny a party relief from an admission. In ruling on a motion to grant such relief, “[t]he court’s focus must be on the effect upon the litigation and prejudice to the resisting party rather than on the moving party’s excuses for an erroneous admission.” In re Durability Inc., 212 F.3d at 556 (internal quotation marks and bracket omitted) (but noting that a higher standard applies when the admission is incorporated in a pretrial order).

Nothing in the record before us shows that Utah County suffered prejudice sufficient to bar amendment of Mr. Raiser’s admissions. Only two weeks passed between the due date for Mr. Raiser’s response and the date that he filed his initial motion to amend his admissions or allow an untimely response. During this period Utah County presumably was preparing the motion for summary judgment it filed on October 23. But, as we have stated, any prejudice to Utah County in preparing a motion for summary judgment is insufficient to foreclose withdrawal or amendment of the admissions. See id.

Under these circumstances we believe that the district court abused its discretion by refusing to allow Mr. Raiser to amend the admissions. And given that the admissions were the sole basis for the County’s motion for summary judgment, the judgment in favor of the County cannot stand. On remand the district court may consider Mr. Raiser’s motions to amend his complaint, which have not been ruled upon.

Mr. Raiser.also argues that the district court erred in denying his motion to sanction the County for its delay in responding to his discovery requests. We review for abuse of discretion a district court’s decision whether to impose sanctions. United States v. Gonzales, 164 F.3d 1285, 1291 (10th Cir.1999). Although the County was dilatory, we do not find that the district court abused its discretion by denying Mr. Raiser’s request for sanctions.

Ill

We VACATE the judgment in favor of Utah County, REVERSE the denial of Mr. Raiser’s motions to amend his admissions, and REMAND for further proceedings. In light of this disposition we need not rule on the district court’s denial of Mr. Raiser’s motion for reconsideration. We DENY Mr. Raiser’s motion to seal these proceedings or, in the alternative, to strike Utah County’s response brief. Finally, we GRANT Mr. Raiser’s motion for sanctions only to the extent that we strike Utah County’s supplemental appendix, which contains materials not presented to the district court; otherwise, that motion is DENIED.

2

. The as-yet-unnamed deputy has never been served with process in this action. Consequently, he is not a party to the case, and the district court's granting judgment only to Utah County does not prevent its order from being final and appealable. See Bristol v. Fibreboard. Corp., 789 F.2d 846, 847 (10th Cir.1986) (per curiam).