IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
April 14, 2008
BIOPOLYMER ENGINEERING, INC., ETC., ET AL., PLAINTIFFS AND COUNTER-DEFENDANTS,
BIORGIN, DEFENDANT AND COUNTER-PLAINTIFF.
The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge
At the time of the April 11, 2008 status hearing in this case this Court was regrettably unaware that on April 10 counsel for defendant Biorigin (named in error in the Complaint as "Biorgin") had caused a letter and a proposed Amended Answer, Affirmative Defenses and Counterclaims to be delivered to this Court's chambers.*fn1 Accordingly no discussion of that response to this Court's April 4, 2008 memorandum order took place during the status hearing, most likely because Biorigin's counsel assumed that this Court had seen the submission and had no comment to make.
In any case, this is an instance of "no harm, no foul." Biorigin is granted leave to file its proposed repleading, with plaintiffs-counterdefendants being ordered to file their reply to Biorigin's Counterclaims on or before May 1, 2008. As for Biorigin's Sixth Affirmative Defense, which asserts a lack of standing to sue on plaintiffs' part, the parties will be expected to discuss an appropriate procedure for tendering that question to this Court for decision at the earliest convenient date.