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- ilnd;;1:03-cv-03911_de88 RegisterActionDate "2004-04-07" @default.
- ilnd;;1:03-cv-03911_de88 RegisterActionDescriptionText "MINUTE ORDER of 4/7/04 by Hon. George W. Lindberg: Defendant's motion to reconsider and to vacate in part the orders of 3/16 and 3/31/04 is granted in part and denied in part [81-1]. The court reconsiders its orders of 3/16 and 3/31/04 but declines to vacate any portion of those orders. On summary judgment, plaintiff met its burden by presenting evidence on its claims. The burden was then on defendant to show that, whether by reason of a disputed material fact or affirmative defense, plaintiff was not entitled to judgment. Defendant presented no evidence on its affirmative defenses, and so waived those defenses. In addition , and as an alternative basis for this court's decision not to vacate its prior orders, even assuming plaintiff had the burden of presenting evidence with respect to the affirmative defenses, defendant did not during the summary judgment proceedings argue that judgment should not be granted because of plaintiff's failing in this burden, and so for this reason as well waived the issue. No notice (jmm) (Entered: 04/08/2004)" @default.
- ilnd;;1:03-cv-03911_de88 AdministrativeID "82" @default.
- ilnd;;1:03-cv-03911_de88 OntologyLabel order @default.