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Kerpash v. Illinois Dep't of Transportation

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


July 25, 2006

RAYMOND KERPASH AND MYRNA KERPASH, PLAINTIFFS,
v.
ILLINOIS DEPARTMENT OF TRANSPORTATION, DEFENDANT.

The opinion of the court was delivered by: J. Phil Gilbert District Judge

MEMORANDUM AND ORDER

This matter comes before the Court on review of the plaintiffs' Amended Complaint (Doc. 8). The Court notes that the filing does not comply with the Federal Rules of Civil Procedure and/or Local Rules in the following ways:

* new material in the amended pleading is not underlined as required by Local Rule 15.1, which the Court specifically ordered the plaintiffs to consult in its July 10, 2006, order.

The Court firmly believes that "procedural rules are important and that infractions of those rules should not be tolerated by the courts. Otherwise, the rules themselves will not be taken seriously, and eventually they may exist in name only, honored in the breach." Kovilic Constr. Co., Inc., v. Missbrenner, 106 F.3d 768, 770 (7th Cir. 1997). Accordingly, the Court hereby ORDERS that the Amended Complaint (Doc. 8) be STRICKEN for failure to comply with the Federal Rules of Civil Procedure and/or the Local Rules, as noted above.

The Court ORDERS that the plaintiffs shall have up to and including August 4, 2006, to file an amended pleading that complies with all applicable rules, including but not limited to Local Rule 15.1. Failure to comply with this order may result in dismissal of this action pursuant to Federal Rule of Civil Procedure 41(b) and the Court's inherent authority.

IT IS SO ORDERED.

20060725

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