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Arroyo v. Z Force Transportation

April 14, 2008

RAUL ARROYO, SR., ET AL., PLAINTIFFS,
v.
Z FORCE TRANSPORTATION, INC., DEFENDANT.



The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge

MEMORANDUM ORDER

Z Force Transportation, Inc. ("Z Force") has filed its Answer and Affirmative Defenses ("ADs") to the First Amended Complaint brought against it by its ex-employees Raul Arroyo, Sr. and Jr. This memorandum order is issued sua sponte to correct one problematic aspect of that responsive pleading.

AD 1 asserts:

Plaintiffs have failed to state a claim upon which relief can be granted in that they suffered no adverse employment action(s).

But that assertion violates the basic principle governing ADs, because it is based on Z Force's version of the facts rather than Arroyos' allegations, which must be accepted as true for AD purposes--see App. ¶5 to State Farm Mut. Auto. Ins. Co. v. Riley, 199 F.R.D. 276, 278 (N.D. Ill. 2001). Accordingly AD 1 is stricken.

20080414

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