Vogue Tyre & Rubber Co. v. Mendez, No. 14 C 5839, Slip Op. (N.D. Ill. Oct. 27, 2014) (Shadur, Sen. J.).

Judge Shadur sua sponte struck portions of defendant’s answer and dismissed certain affirmative defenses as follows:

  • The Court struck denials based upon lack of information and belief.  While lacking information and belief acts as a denial, it is “oxymoronic” to claim a lack of information and belief, but to be able to affirmatively deny the statements.
  • The Court dismissed defendant’s laches affirmative defense because it offered no facts in order to meet the notice pleading standard as set out byTwombly/Iqbal.