Motion to Deem Matters Within Request for Admissions (Set One) as True (x2)

Having considered the moving papers, the Court rules as follows. No opposing papers were filed.

BACKGROUND

On September 6, 2018, Plaintiffs Kenneth Paul Fox (“Fox”) and Joseph Amarillas Villarba (“Villarba”) (collectively “Plaintiffs”) filed a complaint against Defendant Redmond James O’Neal for (1) assault and battery, (2) intentional infliction of emotional distress, (3) violation of the Ralph Civil Rights Act, (4) negligence, and (5) loss of consortium/negligent infliction of emotional distress. The complaint alleges Plaintiff Fox is gay and that Plaintiff Villarba is his same-sex partner. The complaint also alleges that Fox was walking between his residence and a local laundromat on May 2, 2018 when Defendant, unprovoked and without consent, intentionally and unlawfully struck Fox in the head with a bottle or other hard object and threatened, abused, harassed, and intimidated Fox while he was on the grou