Chaney v. Royal Management Corporation

Filing 14

MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 4/15/2009:Mailed notice(srn, )

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION LAWRENCE CHANEY, Plaintiff, v. ROYAL MANAGEMENT CORPORATION, Defendant. ) ) ) ) ) ) ) ) )

No.

09 C 1630

MEMORANDUM ORDER Royal Management Corporation ("Royal Management") has filed its Answer and Affirmative Defenses ("ADs") to the Fair Labor Standards Act action brought against it by its ex-employee Lawrence Chaney ("Chaney"). This memorandum order is issued sua

sponte to address one problematic aspect of that responsive pleading. In each of Answer ¶¶5, 8-10 and 14, Royal Management follows an express admission of all of the allegations in the corresponding paragraph of Chaney's Complaint with this statement: All allegations not admitted herein are denied. Current dress codes may perhaps have deprived a once well-known simile, which likened superfluous conduct to wearing both a belt and suspenders, of its original thrust. that simile operates with full force. But in this instance Moreover, any retention of

the quoted sentences creates a potential source of confusion--to what allegations do the "denials" pertain?

Accordingly the quoted language is stricken from each of the cited paragraphs of the Answer as devoid of meaning. In all

other respects the responsive pleading will remain intact (though no view is expressed here as to the viability of any or all of Royal Management's ADs).

________________________________________ Milton I. Shadur Senior United States District Judge Date: April 15, 2009

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