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United Central Bank v. Jjst Inc.

February 1, 2012

UNITED CENTRAL BANK, PLAINTIFF,
v.
JJST INC., ET AL., DEFENDANTS.



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

MEMORANDUM ORDER

This Court's January 20, 2012 memorandum order ("Order") addressed a repeated flaw in the Answer that had been filed by Administrator Marilyn Mathew in this mortgage foreclosure action--a flaw that represented still another instance of what appears to be a growing cottage industry: the oxymoronic addition of a flat-out denial following the appropriate employment of the alternative pleading made available under Fed. R. Civ. P. ("Rule") 8(b)(5). Mathew's counsel has just responded to this Court's rule-to-show cause directive, coupled with a motion seeking leave to file an Amended Answer.

As to the first of those subjects, Mathew's counsel has candidly acknowledged the error of his ways.*fn1 This Court has no desire to emulate then Judge (now Chief Judge) Easterbrook's sardonic "pure heart but empty head" criticism voiced some years back, and so it will not impose any sanction for the Rule-violative conduct.

That said, the accompanying motion for leave to file an Amended Answer to cure the pleading flaw is denied. Because the Order has already stricken the offending phrase, there is no need to do so again with a bulky response (true enough, the proposed new pleading would create no file clutter in these days of electronic filing, but the same would not be true of this Court's chambers file, which includes a paper copy of every document). Accordingly, neither Mathew's ...


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