(06/97)
United States District Court, Northern District of Illinois
Name of Assigned Judge i Sitting Judge if Other
or Magistrate Judge Milton I. Shadur than Assigned Judge
CASE NUMBER 02 C 3155 DATE 10/21/2002
CASE Helmut Judt vs. Barry G. Doyle, et al
TITLE
{ln the following box (a) indicate the party filing the motion, ¢g., plaintiff, defendant, 3rd party plaintiff, and (b) state briefly the nature

MOTION: of the motion being presented]

DOCKET ENTRY:

qd) Oo Filed motion of [ use listing in “Motion” box above.]

(2) o Brief in support of motion due

(3) im} Answer brief to motion due. . Reply to answer brief due

(4) Oo Ruling/Hearing on set for at

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

(6) im} Pretrial conference[held/continued to] [set for/re-set for] on set for at :

(7) Oo Triai[set for/re-set for] on at

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

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

COFRCP4(m) (Local Rule 41.1 CFRCP41(a)(1) CO FRCP41(a)(2).

(0) [Other docket entry] Enter Memorandum Opinion and Order. Accordingly, Answer { 1 and 6 are
stricken, If no amendment to the Answer is file on or before October 31, 2002 to correct the errors
identified here, the allegations of Complaint { 1 and 6 will be deemed to have been admitted.

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

No notices required, advised in open court. ~...Doeitment
. , Number
No notices required. umber of wotoos .
WV | Notices mailed by judge’s staff, oct 22 2002
Notified counsel by telephone, date docketed
Docketing to mail notices
Mail AO 450 form. sin / )
Copy to judge/magistrate judge.
1021/2002
courtroom date mailed notice,
SN deputy’s SN
initials
Date/time received in
central Clerk’s Office mailing deputy initials



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

HELMUT JUDT
Plaintiff,
v. No. 02 C 3155
BARRY G. DOYLE, Special
Administrator of the Estate of

PHILLIP T. ROBERTSON, Deceased,
and FFE TRANSPORTATION SERVICES,

Inc.
Defendant.
MEMORANDUM OPINION AND ORDER
Barry Doyle (“Doyle”), Special Administrator of the Estate of

decedent Phillip T. Robertson, has just filed his Answer to the
Complaint filed by Helmut Judt against both the Estate and the
employer for whom decedent Robertson was driving a tractor-trailer
at the time of the automobile collision that forms the gravamen of
this action. This memorandum opinion and order is issued sua
sponte to require counsel to correct the Answer's departure from
one of the fundamental principles of federal pleading.

Answer §§ 1 and 6 deviate from the express directive contained
in the second sentence of Fed. R. Civ. P. (8)b as the precondition
to a defendant's obtaining the benefit of a deemed denial of a
plaintiff's allegations. And counsel compounds the matter by
including a meaningless demand for “strict proof.” In both of

those respects, see Appendix 1 to State Farm Mut. Auto Ins. Co. v.

Riley, 199 F.R.D. 276, 278 (N.D. Ill. 2001).


Accordingly, Answer §{ 1 and 6 are stricken. If no amendment
to the Answer is filed on or before October 31, 2002 to correct the
errors identified here, the allegations of Complaint 4§ 1 and 6
will be deemed to have been admitted. Further, no charge is to be
made to Doyle by his counsel for the added work and expense
incurred in correcting counsel's errors. Counsel are ordered to
apprise Doyle to that effect by letter, with a copy to be

transmitted to this Court's chambers as an informational matter

Cth OG ctu

Milton I. Shadur
Senior United States District Judge

(not for filing).

Date: October 21, 2002