Flava Works, Inc. v. Terry, No. 12 C 1884, Slip Op. (N.D. Ill. Oct. 11, 2012) (Coleman, J.).
Judge Coleman granted defendant’s motion to transfer this copyright and trademark infringement case to the M.D. Florida. As an initial matter, defendant did not waive the issue of personal jurisdiction because the answer contested it. While there was at least one witness and some documents in Illinois, defendant, much of plaintiff’s business and many of the documents were in Florida. The Court, therefore, transferred the case to Florida.
Flava Works, Inc. v. Momient, No. 11 C 6306, Slip Op. (N.D. Ill. Aug. 6, 2012) (Shadur, Sen. J.).
Judge Shadur vacated a default judgment entered against defendant based upon defendant’s explanation for his non-appearance. But the Court warned that defendant must revise his proposed answer to:
- Remove denials of statements for which defendant lacked information and belief; and
- Revised his affirmative defenses down from its list of 21.
Flava Works, Inc. v. Momient, No. 11 C 6306, Slip Op. (N.D. Ill. July 16, 2012) (Shadur, Sen. J.).
Judge Shadur sua sponte struck defendants’ pro se answer pursuant to Local Rule 5.2(e) for failure to comply with the Local Rule 5.2(c) font and margin requirements. The Court also identified the following non-exhaustive list of problems with the answer:
- In violation of Fed. R. Civ. P. 8(b)(5), the defendant denied statements for which it lacked information and belief.
- Defendants’ laundry list of 25 affirmative defenses was “unacceptable” for not providing sufficient factual notice.