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Chicago IP Litigation Tracking Northern District of Illinois IP Cases

Defendant Must Amend Answer Without Filing A Full Amended Answer

Posted in Pleading Requirements

Am. Taxi Dispatch, Inc. v. Am. Cab Serv., Inc., No. 11 C 6796, Slip Op. (N.D. Ill. Nov. 17, 2011) (Shadur, Sen. J.).

Judge Shadur sua sponte ordered defendant American Cab to file an amendment to its answer (but not an entire amended answer) removing denials of plaintiff American Taxi’s compliant based upon a lack of information and belief. While lacking information and belief acts as a denial, without information and belief, American Cab may not deny the allegations. The Court also ordered American Cab’s counsel not to charge American Cab for the amendment and to inform American Cab of that in writing, copying the Court.