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Mimute Oeder Form (96/97)

United States District Court, Northern District of Illinois

Name of Assigned Judge i Sitting Judge if Other
or Magistrate Jndge Milton I. Shadur than Asriged Judge
CASE NUMBER 02 C 1885 DATE 3/27/2002
CASE Delaware Clothing Co. vs. Ohio Casualty Group
TITLE

of the motion being presented.)

[In the following box (a) indicate the party filing the motion, e.g., plaintiff, defendant, 3rd party plaintiff, and (b) state briefly dhe nature

QOFRCP4@n) General Rule21 CO FRCP41(a)(1) OO FRCP41(a)(2).

jurisdiction.

di) sf [For further detail see order attached to the original minute order.]

(10) a [Other docket entry] Enter Memorandum Order. Because the First Amended Complaint does ot
provide the necessary answers, Delaware’s counsel will be given just one more chance to tender an |
appropriate amendment fo FAC{2 to this Court’s chambers on or before April 5, 2002, failing which this ;
Court will be constrained to dismiss this action for lack of the required showing of subject matter

MOTION:
|
DOCKET ENTRY:
(1) Qa Filed motion of [ use listing in “Motion” box above.]
(2) oO Brief in support of motion due
3) Qa Answer brief to motion due___. Reply to answer brief due____ i
(4) oO Ruling/Hearing on set for_ at
(5) o Status hearing[held/continued to] [set for/re-set for]on__setfor__at
(6) oO Pretrial conference[held/continued to] [set for/re-set for]on__—setfor_- at
(7) Oo Trial[set for/re-set for]on___at.
(8) aq [Bench/Jury trial] [Hearing] held/continued toa
(9) o This case is dismissed [with/without] prejudice and without costs[by/agreement/pursuant to]

i
4

No notices required, advised in open court.

No notices required. aumiber of notices

Document
Number

V | Notices mailed by judge's staff.

Notified counset by telephone. MAK Zz 8 2002

Docketing to mail notices.

Mail AO 450 form. LUNGS JORIS a‘sn
7

fxs deputy initials

Copy to judge/magistrate judge.

3/27/2002

LOW Nd Le

date mailed notice

courtroom
SN deputy’s a sw
initials Opt. jit t
Date/time received in

central Clerk’s Office nailing deputy initials



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

DELAWARE CLOTHING CO., INC.,
Plaintiff,
v.

OHIO CASUALTY GROUP OF
INSURANCE COMPANIES, et al.,

Defendants.

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No,

MEMORANDUM ORDER

By way of an attempted response to this Court's brief March

02 C 1885

15, 2002 memorandum order identifying a potential subject matter

jurisdictional problem, counsel for Delaware Clothing Co.,

Ine.

(“Delaware”) has timely filed a First Amended Complaint (“FAC”)

that contains expanded allegations as to the two named

defendants. Because that filing has unfortunately not done the

job, this Court is compelled to try again.

What FAC 42 now says as to Ohio Casualty Group of Insurance

Companies (“Group”) is just this:

The Ohio Casualty Group of Insurance Companies is an
Ohio Registered Trade Name whose principal place of
business is in the State of Ohio.

That allegation is singularly uninformative.

Needless to say,

trade name is not a suable entity’--but the party or parties

a

encompassed within the “group” doing business under such a trade

1 Indeed, just how an intangible property interest such as
a trade name can have a “principal place of business” is a

mystery in itself.



name are (and are in fact the real parties in interest for
purposes of Fed. R. Civ. P. 17(a)). Because the FAC does not
provide the necessary answers, Delaware's counsel will be given
just one more chance to tender an appropriate amendment to FAC 42
to this Court's chambers on or before April 5, 2002, failing
which this Court will be constrained to dismiss this action for

lack of the required showing of subject matter jurisdiction.

Tac. P Serato

Milton I. Shadur
Senior United States District Judge

Date: March 27, 2002