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int Qader Form (6

United States District Court, Northern District of Llinois

Natne of Assigned Judge Milton I. Shadur Sitting Judge if Other
or Magistrate Judge than Agsigned Judge
CASE NUMBER 03 C 1548 DATE 3/10/2003
CASE Michael Dewick vs. Maytag Corp.
TITLE

[in the following box (a) indicate the party filing the motion, ¢.g., plui
of the motion being presented}

f#, detendant, 3rd party plaintiff, sid (b) state brigtly the nature

MOTION:
DOCKET ENTRY: +
(I) Oo Filed motion of [ use listing in “Motion” box above.]
(2) Q Brief in support of motion duc
Q) Oo Answer bricf to motion due. _- Reply to answer briefdue__
(4) Oo Ruling/Hearingon___ssetfor at
(3) oO Status hearing|held/continued to) [set for/re-set for] on set for at
(6) oO Pretrial conference[held/continucd to] [set for/re-sct for] on __—set for at
m7 a Trial[set for/re-set for|on_— at
(8) o [Bench/Jury trial] [Hearing] held/continued to at.
(9) o This case is dismissed [with/without] prejudice and without costs|by/agreement/pursuant to]
OFRCP4(m) OLocal Rule 41.1 COFRCp41(a\(1) CG FRCP41(ax2).
(0) «i {Other docket entry] inter Memorandum Order, Just as with respect to Maylag, [ome Depot's

Answer is stricken in its entirety, with leave being granted to file a self-contained Amended Answer in
this Court’s chambers on or before March 21, 2003.

(ll) (For further detail see

No notices required, advised in open court, Document

a . Number
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v | Notices mailed by judge’s stall WAR 1 1 2003

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
MICHAEL A. DEWICK, SR., and
HOLLY M, DEWICK, as Parents

and Next of Kin of MICHAEL A.
DEWICK, JR., a minor

No. 03 C 1548 DNCKETED
Plaintiffa, MAR 1 1 2093
Vv.

MAYTAG CORPORATION AND HOME
DEPOT U.S.A., INC.,

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Defendants. )
MEMORANDUM ORDER
This Court has begun to believe that there must be a text
somewhere entitled “How Not To Plead In Federal Courts,” or
something along those lines, to which some members of the
personal injury defense bar subscribe. Just one day after Maytag
Corporation (“Maytag”) filed its Answer in this action -- an
Answer that was chock full of basic errors that this Court
promptly addressed by dictating the attached memorandum order --
its co-defendant Home Depot U.S.A., Inc. (“Home Depot”) filed its
own Answer that contained many of the same flaws (see its Count I
Answer 44 1, 2, 5, 8 and 9) and that added a few of its own:
1. Count I Answer § 6 not only violates the mandate in
Fed.R.Civ.P. (“Rule”) 8(b) that all allegations must be
responded to, but it seems internally self-

contradictory on top of that.

2, Count I Answer § 10 also violates Rule 8(b), in



addition to which that paragraph of the Complaint is

incorporated by reference into Complaint Count III,

which is directed to Home Depot, so the Complaint's

paragraph requires an answer on that ground alone.

Just as with respect to Maytag, Home Depot's Answer is

stricken in its entirety, with leave being granted to file a
self-contained Amended Answer in this Court's chambers (with a
copy of course being transmitted to plaintiffs' counsel) on or
before March 21, 2003. In addition:

1. Because there is no reason that the sins

of Home Depot's counsel should be visited on

their client either, they are also ordered to

make no charge for the services involved or

for any expenses incurred in connection with

the Amended Answer.

2. Home Depot's counsel are further ordered

(a) to send a copy of this order to their

client, together with a letter notifying the

client of the directive set out in the

preceding paragraph, and (b) to send a copy

of the latter letter to this Court (for

non I

Milton I. Shadur
Senior United States District Judge

Date: March 10, 2003