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Bastilla v. Village of Cahokia

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


January 6, 2010

DEAN BASTILLA; DAVE HEINE; AND MATTHEW STEINKAMP, PLAINTIFFS,
v.
THE VILLAGE OF CAHOKIA, ILLINOIS; THE CAHOKIA BOARD OF FIRE AND POLICE COMMISSION- ERS; DEAN SAMPLE; JEROME CALLAHAN; REV. WOOD; AND HAROLD R. WATSON, DEFENDANTS.

The opinion of the court was delivered by: Reagan, District Judge

ORDER

The Court rules on various pending motions as follows:

Doc. 91 Motion to Strike Affirmative Defenses is DENIED as moot since plaintiffs have filed a subsequent complaint at Doc. 111.

Doc 119 Motion to Strike Answer to Amended Complaint is DENIED. Plaintiffs are correct that the answer should have been filed within 10 days (14 days as of changes to Rule 15 effective December 1, 2009) of the filing of the second amended complaint, but plaintiffs are incorrect in the manner in which they count the 10 days. Weekends and holidays are excluded in the count. The suspect time frame included four weekend days and Veteran's Day, making the answer due the day it was filed: November 20.

Doc. 149 Motion for Leave to File Affirmative Defenses is GRANTED. In ruling, the court takes no position on the merits of the claimed affirmative defenses or their viability under Rule 8.

MICHAEL J. REAGAN United States District Judge

20100106

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