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Bank v. Borchardt

May 22, 2009

SAUK VALLEY BANK, PLAINTIFF,
v.
ROBERT BORCHARDT, ET AL., DEFENDANTS.



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

MEMORANDUM ORDER

Michael Deutsch ("Deutsch"), one of two defendants in this action brought by Sauk Valley Bank ("Sauk Valley"), has filed his Answer and Affirmative Defenses ("ADs") to Sauk Valley's Complaint. That responsive pleading couples admissions and denials of various allegations by Sauk Valley with a large number of disclaimers in the form prescribed by Fed. R. Civ. P. ("Rule") 8(b)(5) as the predicate for a pleader's getting the benefit of a deemed denial.*fn1

Unfortunately, this Court's review of those disclaimers suggests that a number of them cannot fairly be advanced in the objective (and perhaps subjective) good faith required by Rule 11 (b). Although this list is not necessarily exhaustive, Answer ΒΆΒΆ11, 25-28 and 31-32 are highly troublesome in that respect. This Court expresses no ultimate views on that subject, because the matters at issue are by definition within or without Deutsch's knowledge or belief or both. But what is ordered here is that Deutsch and ...


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