Opinion
No. 09 C 4595.
October 6, 2009
MEMORANDUM ORDER
Boley International (H.K.) Ltd. ("Boley") has served notice of its presentment on October 8 of proposed amendments to Complaint ¶¶ 28-34, based on its counsel's having missed the September 29 filing date set by this Court's September 21 memorandum order ("Order"). This Court never denies a request for such a short extension on grounds of untimeliness — but in this instance the proposed pleading is itself unacceptable.
If Boley and its counsel wish to get the benefit of a deemed denial, Fed.R.Civ.P. ("Rule") 8(b)(5) and the Order define the path that must be taken. Actual denials that are said to be "based on a lack of sufficient information" do not conform to Rule 11's requirements of subjective and objective good faith. Boley's motion is denied.