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Presta Oras, 1m (06/97)

United States District Court, Northern District of Illinois

Naine of Assigned Judge Milton I. Shadur Sitting Judge if Other
or Magistrate Judge . than Assigned Judge
CASE NUMBER 02.C 9178 DATE 2/26/2003
CASE Latroy Hubbard vs. Certified Grocers Midwest, Inc.
TITLE
[in the following box (a) indicate the party filing the motion, e.g, plaintiff, defendant, 3rd party plaintiff, and (b) state briefly the nature

MOTION: of the motion being presented.]

DOCKET ENTRY:

qa) o Filed motion of [ use listing in “Motion” box above.]

(2) Oo Brief in support of motion due

(3) oO Answer brief to motion duc . Reply to answer brief due.

(4) Oo Ruling/Hearing on set for at

(5) oO Status hearing[held/continued to] [set for/re-set for] on set for at

(6) Oo Pretrial conference[held/continued to] [set for/re-set for] on set for at .

(7) o Trial[set for/re-set for]on_ at

(8) ao [Bench/Jury trial] [Hearing] held/continued to at

(9) Qa This case is dismissed [with/without] prejudice and without costs[by/agreement/pursuant to]

COFRCP4(m) OLocalRule 41.1 OFRCP41(a\(1) OO FRCP4I1(a)(2).

(0) [Other docket entry] Enter Memorandum Order. Answer 919 is stricken, but with leave granted
to replead. Both AD 1 and AD2 are stricken, but without prejudice to their being replaced by a proper
identification of any problems with the scope or timing of Hubbard’s action in relation to his EEOC
charge. Any proposed amendment to Certified Grocers’ responsive pleading to deal with the issues
identified in this memorandum must be filed in this court’s chambers on or before March 7, 2003.

dl) @ [For further detail see order attached to the original minute order.]

No notices required, advised in open court. Document
. ‘Number
No notices required. number of notices .
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Notified counsel by telephone. { £B 28 2003
Docketing to mail notices.
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION DOCKETED

FEB 2 8 2003

LATROY HUBBARD,
Plaintiff,
v. No. 02 C 9178

CERTIFIED GROCERS MIDWEST, INC.,

Defendant.
MEMORANDUM ORDER

Certified Grocers Midwest, Inc. (“Certified Grocers”) has
filed its Answer and Affirmative Defenses (“ADs”) to the
employment discrimination action brought against it by its ex-
employee Latroy Hubbard. This memorandum order is issued sua
sponte to address two flaws in that responsive pleading.

To begin with, Answer §19 does not conform to the disclaimer
required by the second sentence of Fed. R. Civ. P. 8(b) to obtain
the benefit of a deemed denial of the corresponding Complaint
allegations. In that respect, see App.§1 to State Farm Mut.

Auto. Ins. Co. v. Riley, 199 F.R.D. 276, 279 (N.D. Ill. 2001).

Answer 419 is therefore stricken, but with leave granted to
replead.

If that had been the only problem with the response, this
Court would not have troubled itself with the issuance of this
memorandum order. But in this instance ADs 1 and 2 are
problematic as well. Each begins “To the extent...” which is a

sure tipoff to the fact that neither provides adequate notice (or


indeed, any notice at all) of any deficiency in Hubbard's claim.
As framed, each is purely tautological. Accordingly both AD 1
and AD 2 are stricken, but without prejudice to their being
replaced by a proper identification of any problems with the
scope or timing of Hubbard's action in relation to his EEOC
charge.

Any proposed amendment to Certified Grocers' responsive
pleading to deal with the issues identified in this memorandum
order must be filed in this Court's chambers (with a copy of
course being transmitted to Hubbard's counsel) on or before
March 7, 2003. Absent such a timely filing, Complaint 419 will

be deemed to have been admitted and ADs 1 and 2 will be deemed to

Milton I. Shadur
Senior United States District Judge

have been withdrawn.

Date: February 26, 2003