Chicago Regional Council of Carpenters Council of Carpenters Pension Fund et al v. Illinois General Construction, Inc. et al

Filing 64

MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 9/3/2009:Mailed notice(srn, )

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION CHICAGO REGIONAL COUNCIL OF CARPENTERS PENSION FUND, et al., Plaintiffs, v. ILLINOIS GENERAL CONSTRUCTION, INC., et al., Defendants. ) ) ) ) ) ) ) ) ) ) )

No.

07 C 5885

MEMORANDUM ORDER All defendants in this ERISA action have filed their Answer to the Amended Complaint filed against them by several employee benefit funds. This memorandum order is issued sua sponte

because Answer ¶¶11, 14, 17 and 18 have failed to follow the clear disclaimer 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). Those paragraphs of the

Answer are stricken, and defense counsel is granted until September 14, 2009 to file an appropriate amendment to those paragraphs, failing which the corresponding allegations of the Amended Complaint will be deemed to have been admitted.

________________________________________ Milton I. Shadur Senior United States District Judge Date: September 3, 2009