Indiana Harbor Belt Railroad Company v. United Rail Service, Inc. et al
||Indiana Harbor Belt Railroad Company
||United Rail Service, Inc. and United Transportation Group, Inc.
||July 3, 2017
||US District Court for the Northern District of Indiana
||John E Martin
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
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|May 1, 2018
OPINION AND ORDER: The Court hereby GRANTS in part Plaintiff's Motion to Strike Affirmative Defenses 20 and ORDERS that Defendant's first, third, fourth, fifth, eighth, ninth, and tenth affirmative defenses are STRICKEN. The second, sixt h, and seventh affirmative defenses remain. The Court DENIES without prejudice the Alternative Motion for Leave to Amend Defendants' Affirmative Defenses 24 with leave to refile a Motion that complies with Local Rule 15-1, on or before 5/31/2018. Signed by Magistrate Judge John E Martin on 5/1/2018. (jss)
|April 17, 2018
OPINION AND ORDER GRANTING IN PART AND DENYING IN PART 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Indiana Harbor Belt Railroad Company. The Motion is GRANTED as to the Motion for a More Definite Statement Pursuant to R ule 12(e) and United Rail is ORDERED to file an amended counterclaim within 14 days from the date of this Order that adequately pleads sufficient factual matter to state claims that are plausible on their face, provides notice to Indiana Harbor of it s claims, and satisfies Rule 10(b) by setting forth each claim in a separate count. The Motion is DENIED WITHOUT PREJUDICE to refiling at a later time as to the Motion to Dismiss pursuant to Rule 12(b)(6) and the Motion to Strike pursuant to Rule 12(f). Signed by Judge Rudy Lozano on 4/17/18. (ksp)
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