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Hsbc Bank Usa, N.A., Etc v. Jessica Sclafini

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


November 28, 2012

HSBC BANK USA, N.A., ETC., PLAINTIFF,
v.
JESSICA SCLAFINI, ETC., DEFENDANT.

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

MEMORANDUM ORDER

Mortgagor Jessica Sclafini ("Sclafini") has filed her Answer to the Amended Complaint brought by HSBC Bank USA, N.A. ("Bank") to foreclose on Sclafini's mortgage. Although this type of sua sponte memorandum order would ordinarily have been issued almost immediately after suit was filed, the priority of other matters on this Court's calendar has occasioned a brief delay in identifying a problematic aspect of the Answer.

All of Sclafini's errors stem from a number of appropriate trackings of the disclaimer provision of Fed. R. Civ. P. ("Rule") 8(b)(5)--Answer ¶¶1-3, 5, 7, 8, 10.d.ii, 10.d.iii, 10.e, 10.f, 10.i, 10.j, 10.l, 10.m, 10.n, 10.o, 10.p, 10.q, 10.r and 10.s--with the statement "and therefore denies same." That is of course oxymoronic--how can a party that asserts (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 the quoted phrase is stricken from each of those paragraphs of the Answer.*fn1


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