3 Minute OFbeForm (0697)

United States District Court, Northern District of Illinois

(9)

Name of Assigned Jud ‘ames Sitting Judge if Ott
ior Magistrate Judge James B. Moran than Assigned Judge
CASE NUMBER 02 C 6312 DATE 2/13/2003
CASE L.V.M. Corp. Vs. Choice Hotels Internat’! Inc.
TITLE

MOTION:

[In the following bus (a) indicate the party filing the motion, e.z., plaintiff, defendant, 3rd party pluintifY, and (h) state briefly the nuture

of the motion being presented.]

Memorandum Opinion and Order

DOCKET ENTRY:

(ly Oo Filcd motion of [ use listing in “Motion” box above, ]
Q a Brief in support of motion duc
(3) o Anawer briefto motion due. Reply to answer briefduc
4 Oo Ruling/Hearing on set for at
6 O Status hearing[held/continued to] [set for/re-set forlon___setfor_ at
(6) ia) Pretrial conference[held/continucd to] [set for/re-set for]on set for at
(7) Qo Trial|sct for/re-set for] on at
{8) im [Bench/Jury trial] [Hearing] held/continued to at
(9) Oo This case is dismissed [with/without] prejudice and without costs{by/agreement/pursuant to]
QFRCP4(m) OLocal Rule 41.1 OFRCP41(a)(1) O FRCP41(a)(2).
qo) «xf [Other docket entry] Enter Memorandum Opinion and Order. Counsel for the parties are directed
to appear for that purpose on February 26, 2003 at 10:30am. For now the motions are continued.

aly ff [For further detail see order attached to the original minute order.]

No notices required, advised in open court. © Dacument

. . Niimber:
No notices required, umber of notices
Notices muiled by judge's staff. 7
lotices muiled by judge's sta FEB ! 8 saggy

Notitied counsel by telephone. wd

oY | Docketing to mail notices.

Mail AQ 450 form. dockering deputy initials

Copy to judgc/magistrate judge.

[3

date mailed notice

courtroom
WAIL deputy's
initials

Daté/time received in
central Clerk's Office mailing deputy initials



s

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION ‘

L.V.M, CORPORATION, ~
FEB 1 8 2003
Plaintiff,
Ys, No. 02 C 6312
.

CHOICE HOTELS INTERNATIONAL, INC.,

Defendant.

MEMORANDUM OPINION AND ORDER

Plaintiff L.V.M, Corporation (LYM) was a Comfort Inn franchisee (the franchise
agreement apparently expired on February 3, 2003, and was not renewed). Toward the end
of the franchise period, when it was uncertain whether or not plaintiff would renew, or
perhaps earlier, defendant required plaintiff to purchase a software program for $35,000, with
a $700 maintenance charge. LYM resisted the charge and, after some negotiations, the nature
of which is disputed, defendant suspended plaintiff from reservations on June 10, 2002, citing
the failure of plaintiff to acquire the software program, At some point prior to February 3,
2003, the suspension was lifted.

Plaintiff filed a 27-page complaint, with nine counts, in state court, Defendant removed
the case to federal court and responded with sixteen affirmative defenses and a counterclaim.
Plaintiff countered with motions to strike fifteen of the sixteen affirmative defenses and to
dismiss the counterclaim. Defendant insists it has said enough to satisfy notice pleading and

stands on its defenses and its counterclaim.

We sce no useful purpose to be served by a detailed analysis of all the various



No, 02C6 312 Page 2

contentions raised. The overriding purpose of the Federal Rules of Civil Procedure, as
enunciated in Rule 1, is the “just, speedy, and inexpensive determination of every action.” The
present pleading war does not further that purpose. Some of the defenses are so bare bones
as to be inexplicable, some are really denials of plaintiff’s allegations, and some may be
insufficient as a matter of Jaw. But we think a better way to approach this is to have a pretrial
conference at which the parties are prepared to discuss what the fight is all about and to clear
the way to proceed with discovery. Counsel for the parties are directed to appear for that

purpose on February 26, 2003, at 10:30 a.m. For now the motions are continued.

JAMES B. MORAN
ior Judge, U. S. District Court

ER. 13 _, 2003.