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Microsoft Corporation v. Gearxs

May 22, 2012

MICROSOFT CORPORATION, PLAINTIFF,
v.
GEARXS, INC., ET AL., DEFENDANTS.



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

MEMORANDUM ORDER

Defendants have filed their Answer to the First Amended Complaint ("FAC") brought against them by Microsoft Corporation ("Microsoft"). Although this Court has made no effort to treat with that responsive pleading in any detail (that after all is Microsoft's responsibility), it has noted the inexplicable departure of Answer ¶¶10, 15, 17, 22 and 44 from the plain roadmap marked out by Fed. R. Civ. P. 8(b)(5)--see App'x ¶1 to State Farm Mut. Auto. Ins. Co. v. Riley, 199 F.R.D. 276, 278 (N.D. Ill. 2001). Accordingly those paragraphs of the Answer are stricken, with leave however granted to file properly amended versions of those paragraphs on or before May 31, 2012.

20120522

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