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Milton v. General Dynamics Ordnance and Tactical Systems, Inc.

United States District Court for the Southern District of Illinois
2011 WL 4708637 (S.D. Ill. Oct. 4, 2011)


Bobby E. Milton (plaintiff) filed a complaint with three counts. The first count alleged retaliation in violation of Title VII against Ira E. Clark (defendant). The second count alleged racial discrimination and retaliation in violation of 42 U.S.C. § 1981 against Clark. The third count alleged racial discrimination and retaliation in violation of Title VII against General Dynamics Ordnance and Tactical Systems, Inc. (General Dynamics) (defendant). The heading for Count I only referenced Clark. Count I included paragraphs 7-52, which primarily concerned Milton’s employment with Clark, but also included allegations against General Dynamics. Paragraphs 1-52 of Count III incorporated by reference paragraphs 1-52 of Count I. In response to Count I of the complaint, General Dynamics stated that it was not required to respond to the allegations in Count I, because they were directed at Clark. In response to paragraphs 1-52 of Count III, General Dynamics incorporated its answers to paragraphs 1-52 of Count I. General Dynamics concluded its answer with a statement that each allegation that it did not specifically admit or deny was denied. Milton moved to have paragraphs 6-52 of Count III deemed admitted, because General Dynamics failed to admit or deny those allegations. General Dynamics opposed the motion, arguing that it was not required to answer allegations directed against Clark. General Dynamics also argued that its concluding statement indicated that every allegation not specifically admitted or denied was denied.

Rule of Law


Holding and Reasoning (Wilkerson, J.)

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