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Goesel v. Boley International Ltd.

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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