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Bernina of America, Inc v. Imageline

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


January 18, 2011

BERNINA OF AMERICA, INC., PLAINTIFF,
v.
IMAGELINE, INC., ET AL., DEFENDANTS.

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

MEMORANDUM ORDER

Bernina of America, Inc. ("Bernina") has filed its Answer and Affirmative Defenses to defendants' First Amended Counterclaims. This memorandum order is issued sua sponte because two paragraphs of that response require correction.

Answer ¶¶72 and 73 inexplicably depart from the clear path marked out by Fed. R. Civ. P. ("Rule") 8(b)(5) for the language of the disclaimer required to get the benefit of a deemed denial of an adversary's allegations. Moreover, that noncompliance with Rule 8(b)(5) has been aggravated here by the addition of the clause "and therefore denies the same." In the latter respect, that is of course oxymoronic--how can a party that must assert (presumably in good faith) that it lacks even enough information to form a belief as to the truth of an allegation then proceed to deny it in accordance with Rule 11(b)?

Accordingly Answer ¶¶72 and 73 are stricken. Bernina is granted leave to file an amendment correcting the errors identified here on or before January 27, 2011 (this does not call for a full-fledged Amended Answer, but rather a brief pleading that addresses only the two paragraphs involved).

20110118

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