Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

MAN ROLAND INC. v. QUANTUM COLOR CORP.

July 15, 1999

MAN ROLAND INC., PLAINTIFF,
v.
QUANTUM COLOR CORP., DEFENDANT.



The opinion of the court was delivered by: Alesia, District Judge.

  MEMORANDUM OPINION AND ORDER

Before the court is plaintiff MAN Roland Incorporated's motion to strike defendant Quantum Color Corporation's amended affirmative defenses. For the following reasons, the court denies in part and grants in part plaintiff MAN Roland Incorporated's motion to strike Quantum Color Corporation's amended affirmative defenses.

I. BACKGROUND

For the sake of brevity, the court will not restate the facts. The facts may be found in MAN Roland Inc. v. Quantum Color Corporation, 57 F. Supp.2d 568 (N.D.Ill. 1999). Any additional facts, the court will discuss in further detail under the appropriate affirmative defense.

In this motion, MAN Roland Incorporated (MAN Roland) argues that all seven of Quantum Color Corporation's ("Quantum") amended affirmative defenses are insufficient. Thus, the court should strike these amended affirmative defenses.

II. DISCUSSION

A. Standard of review for motions to strike affirmative
  defenses

Under Federal Rule of Civil Procedure 12(f), "the court may order stricken from any pleading any insufficient defense." FED.R.CIV.P. 12(f). Nevertheless, motions to strike are generally disfavored. Heller Financial, Inc. v. Midwhey Powder Co., 883 F.2d 1286, 1294 (7th Cir. 1989); Codest Eng'g v. Hyatt Int'l Corp., 954 F. Supp. 1224, 1228 (N.D.Ill. 1996). Thus, these motions will be granted only if the affirmative defenses are insufficient as a matter of law or present no questions of law or fact. Heller, 883 F.2d at 1294 (citing United States v. 416.81 Acres of Land, 514 F.2d 627, 631 (7th Cir. 1975)).

Affirmative defenses are pleadings and, therefore, are subject to all of the pleading requirements of the Federal Rules of Civil Procedure. Id. (citing Bobbitt v. Victorian House, Inc., 532 F. Supp. 734, 736-37 (N.D.Ill. 1982)). Accordingly, affirmative defenses must set forth a "short and plain statement." FED.R.CIV.P. 8(a). Furthermore, the affirmative defenses must fulfill the Federal Rule of Civil Procedure 12(b)(6) standard. Codest, 954 F. Supp. at 1228 (citing Bobbitt, 532 F. Supp. at 737).

Under Federal Rule of Civil Procedure 12(b)(6), the court must accept all factual allegations as true and draw all reasonable inferences in favor of the pleader. Midwest Grinding Co. v. Spitz, 976 F.2d 1016, 1019 (7th Cir. 1992). If, when viewed in the light most favorable to the pleader, the allegation fails to state a claim upon which relief can be granted, the court must dismiss it. See FED.R.CIV.P. 12(b)(6); Gomez v. Illinois State Bd. of Educ., 811 F.2d 1030, 1039 (7th Cir. 1987). However, the court may dismiss the allegation only if it appears beyond a doubt that the pleader can prove no set of facts in support of his claim that would entitle him to relief. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957).

Even under the liberal notice pleading standard of the Federal Rules of Civil Procedure, however, an allegation must include either direct or inferential allegations respecting all material elements of the claim asserted. Perkins v. Silverstein, 939 F.2d 463, 466 (7th Cir. 1991). Bare legal conclusions attached to narrated facts will not suffice. Strauss v. City of Chicago, 760 F.2d 765, 768 (7th Cir. 1985).

B. Applicable law

In analyzing these defenses, the court will apply Illinois law because the contract specifically states that the parties entered into this contract in Illinois and that Illinois law shall govern the contract. (Pl. Compl.Ex.1.) Under Illinois law, Article II of the Uniform Commercial Code ("UCC") applies to transactions in goods. 810 ILL. COMP.STAT. 5/2-102. However, "[u]nless displaced by the particular provisions of this Act [the UCC], principles of law and equity, including the law merchant and the law relative to . . . fraud, misrepresentation, . . . mistake . . . or other validating or invalidating cause shall supplement" the UCC's provisions. Id. 5/1-103. Thus, where the UCC is silent on the issue, this court will rely upon common law cases.

C. First and second amended affirmative defenses — Mistake

In its first and second amended affirmative defenses, Quantum, respectively, alleges that either both it and MAN Roland were mistaken or just it was mistaken about certain material facts which formed the bases to their contract. Quantum claims that these alleged mistakes constitute a defense to MAN Roland's claims. However, MAN Roland argues that both the first and second amended affirmative defenses fail because (1) there were no mistakes which are material to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.