IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
January 25, 2010
CAROL ROZHON, ET AL., PLAINTIFFS,
GTL TRUCK LINES, INC., ET AL., DEFENDANTS.
The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge
GTL Truck Lines, Inc., Clarence Russell and Nash Finch Company have filed their Answer to the Amended Complaint ("AC") filed against them and co-defendant Transportation Management, Inc. by Carol Rozhon and Marlene Lelko. Just one minor aspect of that responsive pleading calls for the issuance of this sua sponte memorandum order.
Count II ¶14 contains a purported disclaimer that fails to track the provisions of Fed. R. Civ. P. 8(b)(5) and is therefore inadequate--see App. ¶1 to State Farm Mut. Auto. Ins. Co. v. Riley, 199 F.R.D. 276, 278 (N.D. Ill. 2001). Because it is unclear just what is being disclaimed in the corresponding paragraph of the AC anyway, the purported disclaimer is simply stricken--instead the parties are considered to have admitted the allegations of that paragraph in their entirety.
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