Apparently a Mandatory Answer with a Motion to Dismiss is no longer required.
The Northern District of Illinois launched a Mandatory Initial Discovery Pilot (“MIDP”) on June 1, 2017. The three-year pilot has now been in effect for 18 months, and the judges of the district have decided to modify it slightly.
During the first 18 months, the MIDP has required parties in civil cases to file answers to complaints even when they file a Rule 12(b)(6) motion to dismiss or similar motion. Answers are not required if motions to dismiss assert jurisdictional or immunity defenses. As you know, answers trigger the 30-day period for the exchange of MIDP responses. The MIDP requires these early answers to ensure that MIDP responses are exchanged at the outset of the case.
Effective December 1, 2018, the MIDP will be amended to provide that answers are due under the time periods established by…
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