Levi Strauss & Co., v. Zhejiang Weidu Co., Ltd., No. 16 C 7824, Slip Op. (N.D. Ill. Dec. 28, 2016) (Shadur, Sen. J.).

Judge Shadur sua sponte struck defendant Yogeemall’s answer and affirmative defenses with leave to refile for the following deficiencies:

  • Yogeemall’s denials based upon lack of information and belief were “oxymoronic.” One cannot deny what it lacks information and belief about.
  • Yogeemall asserted many affirmative defenses. The “blunderbuss” practice of asserting boilerplate defenses was improper.  To the extent Yogeemall failed to replead affirmative defenses with sufficient factual bases, the previously corrected defenses will be deemed forfeited.