Brown v. University of Kansas, The et al

Filing 52

MEMORANDUM AND ORDER granting 27 Motion to Strike 24 Answer to Complaint. Signed by Magistrate Judge Kenneth G. Gale on 11/17/2011. (df)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
ROBERT M. BROWN,

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Plaintiff,
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vs.
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THE UNIVERSITY OF KANSAS, et al., )
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Defendants.
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___________________________________ )

Case No. 10-2606-WEB-KGG

ORDER
Before the Court is Plaintiff’s Motion to Strike Portions of Defendant the
University of Kansas School of Law’s Answer (Doc. 27). Defendant School of
Law’s Answer does not include specific admissions/denials to the factual
allegations enumerated in Plaintiff’s Complaint. (See Doc. 24.) Rather, along with
various affirmative defenses, the Answer merely includes the following “General
Denial”: “The University of Kansas School of Law is not a person or separate
legal entity capable of suing or being sued, and therefore denies each and every
allegation contained in plaintiff’s complaint.” (Id.) The Court finds this to be
insufficient and not within the spirit of Fed.R.Civ.P. 8 and 9.
The Court further notes, however, that because Defendant School of Law
filed a Motion to Dismiss (Doc. 25), which raises the same legal issue as its

“General Denial,” it was unnecessary for this Defendant to file an Answer. As
such, Plaintiff’s motion is GRANTED. Defendant is further ordered to file an
Amended Answer with the appropriate admissions and denials should the District
Court’s deny Defendant’s Motion to Dismiss (Doc. 25). Such Amended Answer
shall be filed within 14 days of the District Court’s ruling on its Motion to Dismiss.
IT IS SO ORDERED.
Dated at Wichita, Kansas, on this 17th day of November, 2011.

S/ KENNETH G. GALE

Kenneth G. Gale
United States Magistrate Judge

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