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Siegel v. Buca Restaurants 2

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


August 12, 2010

SARA A. SIEGEL, PLAINTIFF,
v.
BUCA RESTAURANTS 2, INC., ETC., DEFENDANT.

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

MEMORANDUM ORDER

Buca Restaurants 2, Inc. ("Buca") has filed its Answer to the Family Medical Leave Act Complaint brought against it by its ex-employee Sara Siegel ("Siegel"). This memorandum order is issued sua sponte because of one minor glitch in that responsive pleading.

Buca's counsel is not among the group of lawyers (unfortunately all too many) who ignore the clear roadmap marked out by Fed. R. Civ. P. 8(b)(5) as the route to obtaining the benefit of a deemed denial of a plaintiff's allegations-- indeed, counsel has followed that path faithfully in all but one instance. But because Answer ¶15 has deviated from that path, it is stricken, with leave of course being granted to file an amended Answer ¶15 (not a full-blown Amended Answer, which would be unnecessarily burdensome) on or before August 20, 2010.

20100812

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