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Bernina of America, Inc. v. Imagelines

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


November 18, 2010

BERNINA OF AMERICA, INC., PLAINTIFF,
v.
IMAGELINE, INC., ISLANDVIEW TECHNOLOGIES, LLC, ISLANDVIEW DESIGNS, LLC, AND GEORGE P. RIDDICK, III, DEFENDANTS.

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

MEMORANDUM ORDER

During the course of the November 16 status hearing in this action, the discussion of other issues led this Court to neglect mentioning an aspect of the recently filed Answer and Counterclaims of the corporate defendants that this Court had planned to call to the attention of their counsel. That omission related to the affirmative defenses ("ADs") that were included in that responsive pleading.

To begin with, AD 1 is impermissibly inconsistent with the allegations in the Complaint -- see App'x ¶ 5 to State Farm Mut. Auto. Ins. Co. v. Riley, 199 F.R.D. 276, 278 (N.D. Ill. 2001). AD 1 is accordingly stricken.

Next it will not do for counsel simply to state ADs 2 through 4 in conclusory fashion, thus leaving unanswered some questions that may have the potential for narrowing (or perhaps even eliminating) the claims against those defendants. Instead defense counsel are ordered to present those asserted defenses, on or before December 9, 2010, by way of a motion supported by appropriate authority, failing those ADs will be deemed forfeited.

20101118

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