Milton v. General Dynamics Ordnance And Tactical Systems, Inc. And Ira E. Clark Detective Agency, Inc.

2011 WL 4708637 (S.D. Ill. Oct. 4, 2011)

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Nature of the Case

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Facts

P filed an amended complaint alleging: I) Retaliation in violation of Title VII against Clark (D); II) Racial discrimination and retaliation in violation of 42 U.S.C. § 1981 against Clark (D); and III) for racial discrimination and retaliation in violation of Title VII against General (D). General (D) answered the allegations of paragraphs 6 - 52 of Count I by stating as its answer for each: 'General Dynamics states that it is not required to answer the allegations contained in paragraph [6 - 52] because they are directed to Defendant Ira E. Clark.' For its answer to paragraphs 1 - 52 of Count III, General Dynamics stated: 'General Dynamics realleges and incorporates its answers to Paragraphs 1 - 52 of Count I as though fully set forth herein.' At the conclusion of its answer, General (D) stated: 'Each and every allegation of the Complaint not specifically admitted or denied is hereby denied.' P asks the Court to deem admitted paragraphs 6 - 52 of Count III because General (D) did not admit or deny the allegations as required under Fed. R. Civ. P. 8(b)(6). General (D) argues that it was not required to answer allegations directed to its co-defendant, and even if it were so required, it did sufficiently answer those allegations with the statement 'each and every allegation of the Complaint not specifically admitted or denied is hereby denied.'