United States District Court, N.D. Illinois
March 3, 2004.
THOMAS J. MORIARTY, Trustee, etc., Plaintiff,
SCI ILLINOIS SERVICES; INC., etc., Defendant
The opinion of the court was delivered by: MILTON SHADUR, Senior District Judge
SCI Illinois Services, Inc. d/b/a Columbian Chapels, Inc.
("Columbian") has filed its Answer and a half dozen purported affirmative
defenses ("ADs") to the Complaint filed against it in this ERISA action.
This memorandum order is issued sua sponte to strike all of the ADs
Each of the ADs except for A.D. 5 begins "To the extent . . . "
a sure tipoff that Columbian is dealing in solely speculative
terms and has not satisfied even the relaxed notice pleading regime that
prevails in the federal courts. Certainly none of those assertions tells
either this Court or counsel for the plaintiff employee trust funds that
Columbian has a real (as distinct from hypothetical) defense or, if so,
what it is.
If and when the further developments in this action were to demonstrate
that any of the possible problems adverted to in the present hypothetical
ADs exists in fact, it will be time enough for Columbian to amend its
present responsive pleading
accordingly. In the meantime ADs 1, 2, 3, 4 and 6 are stricken
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