What's good for the goose and fool the gander once and all that, says Magistrate Judge O'Sullivan:
An affirmative defense may be stricken if it fails to satisfy the pleading requirements of Rule 8 and Twombly. See Twombly at 1362. The defendant has failed to satisfy the pleading requirements of Rule 8 and Twombly in this matter because the defenses merely states conclusions. Accordingly, the plaintiffs’ motion is granted....BTW, the Notice Pleading Restoration Act appears dead in the water.
2 comments:
give up on Iqbal SFL.
Judge Seitz made a similar ruling, long before Magistrate Judge O'Sullivan.
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