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- ilnd;;1:02-cv-03320_de19 RegisterActionDate "2002-08-21" @default.
- ilnd;;1:02-cv-03320_de19 RegisterActionDescriptionText "MINUTE ORDER of 8/21/02 by Hon. George W. Lindberg: Defendants' answer brief to motion to dismiss [14-1] and rule 12(f) to strike [14-2] due 09/04/02. Reply to answer brief due 9/11/02. Ruling on defendant's rule 12(b)(6) motion to dismiss [14-1] and rule 12(f) motion set for 10:00 a.m. 10/2/02. Defendant's motion rule 12(f) to strike [14-2] is denied because the matter objected to is neither immaterial nor irrelevant.FRCP 12(f). The parties shall brief defendants' Rule 12(b)(6) motion to dismiss in accordance with the above schedule. The court, sua sponte, strikes defendants' answer and counterclaims as premature. FRCP 12(b) ("A motion making any of these defenses shall be made before pleading if a further pleading is permitted."); 12(a)(4) (the answer is to be served within 10 days after the court rules on the motion). At such time as an answer is filed, defenses counsel should be aware that 1) a counterclaim is stated as part of the answer, see FRCP 7(a), 13; 2) an answer is required to admit or deny "legal conclusions"; and 3) it is not a sufficient response to an allegation to say that a document "speaks for itself." FRCP 8(b). Mailed notice (ntf) (Entered: 08/22/2002)" @default.
- ilnd;;1:02-cv-03320_de19 AdministrativeID "17" @default.
- ilnd;;1:02-cv-03320_de19 OntologyLabel order @default.