Payne v. Schneider National Carriers, Inc. et al

Filing 27

ORDER denying 18 Motion to Strike. Signed by Magistrate Judge Clifford J. Proud on 12/17/09. (amv)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS DAVID PAYNE, Plaintiff, v. SCHNEIDER NATIONAL CARRIERS, INC., et al., Defendants. ) ) ) ) ) ) ) ) ) ) ORDER PROUD, Magistrate Judge: Before the Court is plaintiff's Motion to Strike Schneider National Carriers, Inc.'s Affirmative Defenses. (Doc. 18). Defendant filed a response in opposition at Doc. 20. In its responsive pleading, Doc. 12, Schneider National Carriers, Inc., raised affirmative defenses of contributory negligence, negligence of parties other than defendant, and several (as opposed to joint) liability pursuant to 735 ILCS5/2-1117. Plaintiff contends that these matters are mere legal conclusions or mere considerations as to the allocation of damages in a comparative fault scheme. These defenses are not insufficient on their face. Their validity depends on the development of disputed facts. Therefore, they should not be stricken. See, U.S. v. 416.81 Acres of Land, 514 F.2d 627 (7th Cir. 1975). Plaintiff's Motion to Strike Schneider National Carriers, Inc.'s Affirmative Defenses (Doc. 18) is DENIED. IT IS SO ORDERED. DATED: December 17, 2009. s/ Clifford J. Proud CLIFFORD J. PROUD UNITED STATES MAGISTRATE JUDGE

Civil No. 09-559-GPM