IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
May 29, 2012
CHICAGO TILE INSTITUTE WELFARE PLAN, ET AL., PLAINTIFFS,
C.E. KORSGARD COMPANY, DEFENDANT.
The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge
C.E. Korsgard Company ("Korsgard") has filed its Answer in this ERISA action brought against it to collect contributions to trust funds established pursuant to a collective bargaining agreement. This memorandum order is issued sua sponte to require flawed provisions of that responsive pleading to be corrected.
Answer ¶¶ 6 and 7 both assert that the collective bargaining agreement and the trust agreement establishing the funds "speak for themselves." That won't do -- see App'x 3 to State Farm. Mut. Auto Ins. Co. v. Riley, 199 F.R.D. 276, 279 (N.D. Ill. 2001).
Accordingly, Answer ¶¶ 6 and 7 are stricken and must be replaced on or before June 8, 2012 with proper answers to the corresponding Complaint allegations. And while Korsgard's counsel is at it, he must also eliminate his meaningless demand for "strict proof" (whatever that may mean).
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