Goesel et al v. Boley International et al

Filing 44

MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 10/6/2009:Mailed notice(srn, )

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ANDREW GOESEL, et al., etc., Plaintiffs, v. BOLEY INTERNATIONAL (H.K.) LTD., et al., Defendants. ) ) ) ) ) ) ) ) ) )

No.

09 C 4595

MEMORANDUM ORDER Boley International (H.K.) Ltd. ("Boley") has served notice of its presentment on October 8 of proposed amendments to Complaint ¶¶28-34, based on its counsel's having missed the September 29 filing date set by this Court's September 21 memorandum order ("Order"). This Court never denies a request

for such a short extension on grounds of untimeliness--but in this instance the proposed pleading is itself unacceptable. If Boley and its counsel wish to get the benefit of a deemed denial, Fed. R. Civ. P. ("Rule") 8(b)(5) and the Order define the path that must be taken. Actual denials that are said to be

"based on a lack of sufficient information" do not conform to Rule 11's requirements of subjective and objective good faith. Boley's motion is denied.

________________________________________ Milton I. Shadur Senior United States District Judge Date: October 6, 2009