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MEYERS v. RICHARDS

United States District Court, N.D. Illinois, Eastern Division


November 9, 2005.

ROBERT MEYERS, Plaintiff,
v.
SMITH-NEPHEW RICHARDS.

The opinion of the court was delivered by: MILTON SHADUR, Senior District Judge

MEMORANDUM ORDER

This Court appreciates the effort by counsel for Smith and Nephew, Inc. (mistakenly sued as Smith-Nephew Richards) to correct the errors in its original Answer and Affirmative Defenses to the Complaint in this action, as directed by this Court's brief October 27, 2005 memorandum order ("Order"). But one aspect of the newly-filed First Amended Answer ("FAA") remains puzzling. Even though the Order's directive to conform to the language in the second sentence of Fed.R.Civ.P. 8(b) — a directive that has been followed properly by counsel in the new responsive pleading — also pointed out the impropriety of a denial of allegations as to which a proper disclaimer is filed, counsel has followed each such proper disclaimer by stating "and therefore denies those allegations." That is of course oxymoronic when voiced in conjunction with a statement of the lack of "knowledge or information sufficient to form a belief as to the truth of the averments."

Accordingly the words "and therefore denies those allegation" are stricken wherever they appear in the FAA (no new pleading needs to be filed to reflect that).

20051109

© 1992-2005 VersusLaw Inc.



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