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Goesel v. Boley International Ltd.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION


October 6, 2009

ANDREW GOESEL, ET AL., ETC., PLAINTIFFS,
v.
BOLEY INTERNATIONAL (H.K.) LTD., ET AL., DEFENDANTS.

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

MEMORANDUM ORDER

Boley International (H.K.) Ltd. ("Boley") has served notice of its presentment on October 8 of proposed amendments to Complaint ¶¶28-34, based on its counsel's having missed the September 29 filing date set by this Court's September 21 memorandum order ("Order"). This Court never denies a request for such a short extension on grounds of untimeliness--but in this instance the proposed pleading is itself unacceptable.

If Boley and its counsel wish to get the benefit of a deemed denial, Fed. R. Civ. P. ("Rule") 8(b)(5) and the Order define the path that must be taken. Actual denials that are said to be "based on a lack of sufficient information" do not conform to Rule 11's requirements of subjective and objective good faith. Boley's motion is denied.

20091006

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