Judge Blakey will set a briefing schedule on all bankruptcy appeals.  Briefs are limited to 15 pages each.  Judge Blakey will set a briefing schedule on all bankruptcy appeals.  Briefs are limited to 15 pages each. 

Parties who request entry of an order to preserve the confidentiality of material disclosed in discovery shall do so by motion.  Counsel must attach the proposed order to the motion as an exhibit and base the proposed order on the Model Confidentiality Order contained in the Local Rules.  Counsel should add the bracketed language to or delete it from the Model Confidentiality Order as appropriate for a specific case.  Any other changes to the Model Confidentiality Order that the parties propose must be shown by redlining that indicates both the deletions and additions to the model text.  Counsel should send copies of the redlined version and the clean Word version of the proposed order to the Court's proposed order inbox (Proposed_Order_Blakey@ilnd.uscourts.gov).  For the redlined version, counsel should also include brief comments with any proposed changes explaining why the changes are sought. Parties who request entry of an order to preserve the confidentiality of material disclosed in discovery shall do so by motion.  Counsel must attach the proposed order to the motion as an exhibit and base the proposed order on the Model Confidentiality Order contained in the Local Rules.  Counsel should add the bracketed language to or delete it from the Model Confidentiality Order as appropriate for a specific case.  Any other changes to the Model Confidentiality Order that the parties propose must be shown by redlining that indicates both the deletions and additions to the model text.  Counsel should send copies of the redlined version and the clean Word version of the proposed order to the Court's proposed order inbox (Proposed_Order_Blakey@ilnd.uscourts.gov).  For the redlined version, counsel should also include brief comments with any proposed changes explaining why the changes are sought.

Judge Blakey strongly encourages counsel to consider and to inform their clients of the efficiencies and potential cost savings to be gained by having cases tried before a United States Magistrate Judge. Consent to Proceed Before Magistrate Judge

Judge Blakey strongly encourages counsel to consider and to inform their clients of the efficiencies and potential cost savings to be gained by having cases tried before a United States Magistrate Judge. Consent to Proceed Before Magistrate Judge

Generally, the Court does not require or accept courtesy copies.  Courtesy copies are required, however, for: (1) emergency motions; and (2) any filing that has attached to it exhibits totaling 50 or more pages.  Courtesy copies should be bound and tabbed as provided in Local Rule 5.2(d) for "judge’s paper copies."  Courtesy copies should be delivered to the Courtroom Deputy, Gloria Lewis, in room 1204.  They need not be delivered in an envelope unless the pleading contains under-seal material.  Courtesy copies should include the printed CM/ECF header at the top of every page.   Generally, the Court does not require or accept courtesy copies.  Courtesy copies are required, however, for: (1) emergency motions; and (2) any filing that has attached to it exhibits totaling 50 or more pages.  Courtesy copies should be bound and tabbed as provided in Local Rule 5.2(d) for "judge’s paper copies."  Courtesy copies should be delivered to the Courtroom Deputy, Gloria Lewis, in room 1204.  They need not be delivered in an envelope unless the pleading contains under-seal material.  Courtesy copies should include the printed CM/ECF header at the top of every page.  

Prior to submitting a proposed order of dismissal pursuant to settlement, counsel should review the following Seventh Circuit cases, which discuss the retention of federal jurisdiction to enforce the terms of a settlement agreement:  Blue Cross& Blue Shield Ass’n v. American Express Co., 467 F.3d 634 (7th Cir. 2006), and Shapo v. Engle, 463 F.3d 641 (7th Cir. 2006).  The parties may also wish to review the following article:  “What’s an Attorney to Do    Ensuring Federal Jurisdiction Over Settlement Agreements in Light of Recent Seventh Circuit Cases,” by Judge Denlow, which may be accessed here. Prior to submitting a proposed order of dismissal pursuant to settlement, counsel should review the following Seventh Circuit cases, which discuss the retention of federal jurisdiction to enforce the terms of a settlement agreement:  Blue Cross& Blue Shield Ass’n v. American Express Co., 467 F.3d 634 (7th Cir. 2006), and Shapo v. Engle, 463 F.3d 641 (7th Cir. 2006).  The parties may also wish to review the following article:  “What’s an Attorney to Do    Ensuring Federal Jurisdiction Over Settlement Agreements in Light of Recent Seventh Circuit Cases,” by Judge Denlow, which may be accessed here.

The Court strongly encourages counsel to convert any word-processed document into a PDF document by printing or publishing it to PDF rather than manually scanning a paper copy into PDF format.  The former method of conversion generates searchable optical character recognition (OCR) text; the latter does not. The Court strongly encourages counsel to convert any word-processed document into a PDF document by printing or publishing it to PDF rather than manually scanning a paper copy into PDF format.  The former method of conversion generates searchable optical character recognition (OCR) text; the latter does not.

Emergency matters must be of such a nature that a delay in hearing them would cause serious harm to one or more of the parties.  Requests to set a hearing on an emergency motion shall be made to Judge Blakey’s Courtroom Deputy, Gloria Lewis, at (312) 818-6699, with as much advance notice as possible.  All reasonable efforts must be made to give actual notice to opposing counsel. Emergency matters must be of such a nature that a delay in hearing them would cause serious harm to one or more of the parties.  Requests to set a hearing on an emergency motion shall be made to Judge Blakey’s Courtroom Deputy, Gloria Lewis, at (312) 818-6699, with as much advance notice as possible.  All reasonable efforts must be made to give actual notice to opposing counsel.

In cases newly assigned or reassigned to Judge Blakey, parties shall review and comply with this Court's standing orders, including the timely filing of an initial or reassignment status report using the Court's model template.

For Judge Blakey's Model Status Report Template, click here.

In cases newly assigned or reassigned to Judge Blakey, parties shall review and comply with this Court's standing orders, including the timely filing of an initial or reassignment status report using the Court's model template.

For Judge Blakey's Model Status Report Template, click here.

Jury Selection Protocol - Civil Cases Before Judge Blakey 

Civil Jury Selection Protocol, click here.

Court's Letter and Standard Civil Case Venire Questions, click here. 

Jury Selection Protocol - Civil Cases Before Judge Blakey 

Civil Jury Selection Protocol, click here.

Court's Letter and Standard Civil Case Venire Questions, click here. 

Jury Selection Protocol - Criminal Cases Before Judge Blakey

Criminal Jury Selection Protocol, click here.

Court's Letter and Standard Criminal Case Venire Questions, click here.

 

 

Jury Selection Protocol - Criminal Cases Before Judge Blakey

Criminal Jury Selection Protocol, click here.

Court's Letter and Standard Criminal Case Venire Questions, click here.

 

 

The fifteen (15) page limitation on all memoranda contained in Local Rule 7.1 shall be strictly enforced.  A motion for leave to exceed that limit shall not be granted unless warranted. Briefing schedules are generally set by Court order.  A motion for extension of time shall not be granted except on a showing of good cause.  The circumstances warranting an extension shall be set forth in specific detail by written motion. The Court will also consider, and may rule upon, motions at scheduled status hearings, so long as the notice requirements of Local Rule 5.3 have been met. The fifteen (15) page limitation on all memoranda contained in Local Rule 7.1 shall be strictly enforced.  A motion for leave to exceed that limit shall not be granted unless warranted. Briefing schedules are generally set by Court order.  A motion for extension of time shall not be granted except on a showing of good cause.  The circumstances warranting an extension shall be set forth in specific detail by written motion. The Court will also consider, and may rule upon, motions at scheduled status hearings, so long as the notice requirements of Local Rule 5.3 have been met.

Before filing any motion, the movant must meet and confer with the non-movant on the substance of the motion and determine whether the motion is opposed. Movant shall include a statement in the motion indicating whether the motion is opposed by the non-movant (and, if appropriate in a criminal case, by pretrial services or probation).

Criminal Motions: 
Criminal motions must be noticed (or scheduled for hearing) by agreement in consultation with Judge Blakey's Courtroom Deputy, Ms. Gloria Lewis, available at Gloria_Lewis@ilnd.uscourts.gov or (312) 818-6699.

Civil Motions: 
Consistent with L.R. 5.3, every motion must be accompanied by a notice of presentment specifying the date and time on which it is to be presented. The date of presentment shall be not more than 14 days following the date on which the motion is delivered to the court pursuant to LR 78.1.

 

Judge Blakey will hear civil (non-emergency) motions on Wednesdays at 11:00 a.m., and all such motions should be noticed accordingly. Motions noticed for a given day must be filed no later than 12:00 p.m. on the 3rd business day preceding the day the motion is to be heard. Thus, motions set for any given Wednesday must be filed by 12:00 p.m. on the preceding Friday.

 

Joint, uncontested, and agreed motions should be so identified in the title and the body of the motion. In most cases, this Court will strike the notice date and rule (or set a briefing schedule) without a hearing, but if a hearing proceeds for the noticed date (either in-person or remotely), all counsel must be prepared to argue all pending motions in the case at that hearing, and counsel shall not respond to motions by correspondence with this Court.

Before filing any motion, the movant must meet and confer with the non-movant on the substance of the motion and determine whether the motion is opposed. Movant shall include a statement in the motion indicating whether the motion is opposed by the non-movant (and, if appropriate in a criminal case, by pretrial services or probation).

Criminal Motions: 
Criminal motions must be noticed (or scheduled for hearing) by agreement in consultation with Judge Blakey's Courtroom Deputy, Ms. Gloria Lewis, available at Gloria_Lewis@ilnd.uscourts.gov or (312) 818-6699.

Civil Motions: 
Consistent with L.R. 5.3, every motion must be accompanied by a notice of presentment specifying the date and time on which it is to be presented. The date of presentment shall be not more than 14 days following the date on which the motion is delivered to the court pursuant to LR 78.1.

 

Judge Blakey will hear civil (non-emergency) motions on Wednesdays at 11:00 a.m., and all such motions should be noticed accordingly. Motions noticed for a given day must be filed no later than 12:00 p.m. on the 3rd business day preceding the day the motion is to be heard. Thus, motions set for any given Wednesday must be filed by 12:00 p.m. on the preceding Friday.

 

Joint, uncontested, and agreed motions should be so identified in the title and the body of the motion. In most cases, this Court will strike the notice date and rule (or set a briefing schedule) without a hearing, but if a hearing proceeds for the noticed date (either in-person or remotely), all counsel must be prepared to argue all pending motions in the case at that hearing, and counsel shall not respond to motions by correspondence with this Court.

This Court advises the parties that when a motion to dismiss is filed, the non-moving party has a right to amend its pleading once within 21 days. Fed. R. Civ. P. 15(a)(1)(B).  Consistent with the purpose of the Federal Rules “to secure the just, speedy, and inexpensive determination of every action and proceeding,” Fed. R. Civ. P. 1, the non-moving party is directed to carefully review the motion to dismiss and exercise its right to amend under Rule 15(a)(1)(B), if appropriate.  If the non-moving party elects to amend its pleading in response to the motion to dismiss, then the moving party (unless ordered otherwise by this Court) shall, within 21 days of the amended pleading, file either: (1) an answer; or (2) a revised motion to dismiss.

If the non-moving party elects to decline this opportunity to amend, and instead chooses to litigate the motion to dismiss, then the non-moving party (unless ordered otherwise by this Court) shall file its response within 28 days of the filing of the motion, and the moving party shall file its reply within 14 days of the filing of the response.  In its response, the non-moving party must also confirm whether, in its view, any deficiencies identified by the motion to dismiss could be cured by amendment.

This Court will take the motion under advisement and will rule in due course.  The parties and their attorneys shall only appear to argue the motion if ordered by this Court.  If the parties litigate the motion to dismiss and the moving party prevails, then the non-moving party is advised that this Court may dismiss the case with prejudice under the appropriate legal standards.

This Court advises the parties that when a motion to dismiss is filed, the non-moving party has a right to amend its pleading once within 21 days. Fed. R. Civ. P. 15(a)(1)(B).  Consistent with the purpose of the Federal Rules “to secure the just, speedy, and inexpensive determination of every action and proceeding,” Fed. R. Civ. P. 1, the non-moving party is directed to carefully review the motion to dismiss and exercise its right to amend under Rule 15(a)(1)(B), if appropriate.  If the non-moving party elects to amend its pleading in response to the motion to dismiss, then the moving party (unless ordered otherwise by this Court) shall, within 21 days of the amended pleading, file either: (1) an answer; or (2) a revised motion to dismiss.

If the non-moving party elects to decline this opportunity to amend, and instead chooses to litigate the motion to dismiss, then the non-moving party (unless ordered otherwise by this Court) shall file its response within 28 days of the filing of the motion, and the moving party shall file its reply within 14 days of the filing of the response.  In its response, the non-moving party must also confirm whether, in its view, any deficiencies identified by the motion to dismiss could be cured by amendment.

This Court will take the motion under advisement and will rule in due course.  The parties and their attorneys shall only appear to argue the motion if ordered by this Court.  If the parties litigate the motion to dismiss and the moving party prevails, then the non-moving party is advised that this Court may dismiss the case with prejudice under the appropriate legal standards.

Click here for information for Pro Se Litigants Click here for information for Pro Se Litigants

Proposed Pretrial Orders/Motions in Limine in Civil Cases

The parties shall follow the format and guidelines set forth in the Proposed Pretrial Order Procedures for Civil Cases (including Motions in Limine) for Judge Blakey. 

To access the Procedures, click here.  

Proposed Pretrial Orders/Motions in Limine in Civil Cases

The parties shall follow the format and guidelines set forth in the Proposed Pretrial Order Procedures for Civil Cases (including Motions in Limine) for Judge Blakey. 

To access the Procedures, click here.  

Pretrial Memoranda and Procedures/Motions in Limine in Criminal Cases

The parties shall follow the format and guidelines set forth in the Pretrial Memoranda and Procedures for Criminal Cases (including Motions in Limine) for Judge Blakey.  

To access the Procedures, click here. 

 

Pretrial Memoranda and Procedures/Motions in Limine in Criminal Cases

The parties shall follow the format and guidelines set forth in the Pretrial Memoranda and Procedures for Criminal Cases (including Motions in Limine) for Judge Blakey.  

To access the Procedures, click here. 

 

All substantive motions must be accompanied by a proposed order.  Proposed Orders need not be “filed,” but must be "submitted" for the Court to consider, modify, and, if appropriate, enter electronically.  Proposed orders must be attached to an e-mail sent to the Court’s proposed order inbox (Proposed_Order_Blakey@ilnd.uscourts.gov ). The subject line of the e-mail must include the case number and name, the docket number of the corresponding motion, if any, and the title of the order that is proposed. All such documents must be submitted to the Court in Word format at or near the time of filing of the related motion.  Such proposed orders should also be served on all parties.  Again, parties should not file proposed orders on the electronic docket; orders should only be filed by the Judge.

All substantive motions must be accompanied by a proposed order.  Proposed Orders need not be “filed,” but must be "submitted" for the Court to consider, modify, and, if appropriate, enter electronically.  Proposed orders must be attached to an e-mail sent to the Court’s proposed order inbox (Proposed_Order_Blakey@ilnd.uscourts.gov ). The subject line of the e-mail must include the case number and name, the docket number of the corresponding motion, if any, and the title of the order that is proposed. All such documents must be submitted to the Court in Word format at or near the time of filing of the related motion.  Such proposed orders should also be served on all parties.  Again, parties should not file proposed orders on the electronic docket; orders should only be filed by the Judge.

The Court urges the parties to undertake settlement negotiations at the earliest practicable point in the litigation.  Parties who desire a settlement conference should request one in open court or by telephone to the Courtroom Deputy.  Settlement conferences generally will be referred to the assigned Magistrate Judge.  The Court urges the parties to undertake settlement negotiations at the earliest practicable point in the litigation.  Parties who desire a settlement conference should request one in open court or by telephone to the Courtroom Deputy.  Settlement conferences generally will be referred to the assigned Magistrate Judge. 

Motions for Summary Judgment

 

Motions for summary judgment and responses must comply with Local Rules 56.1(a) and 56.1(b), as well as the procedures outlined herein.  All statements of undisputed material facts and their responses shall be filed separately from the memoranda of law and shall include the line, paragraph, or page number where the supporting material may be found in the record.

 

The Local Rules are not mere technicalities.  Failure to abide by the Local Rules may result in the Court striking briefs, disregarding statements of fact, deeming statements of fact admitted, and denying summary judgment. See Cracco v. Vitran Exp., Inc., 559 F.3d 625, 632 (7th Cir. 2009).

 

The movant shall not file more than 80 statements of undisputed material facts without prior leave of the Court.  The respondent shall be limited to 40 statements of undisputed material facts without prior leave of the Court.  In complex cases, the Court finds it helpful when the parties submit an agreed timeline of events in addition to the statements of undisputed material facts.

 

Motions to Strike

 

Motions to strike are strongly disfavored. Custom Vehicles, Inc. v. Forest River, Inc., 464 F.3d 725, 727 (7th Cir. 2006) (Easterbrook, J., in chambers).  For example, if a party believes that the other side's brief contains inaccurate facts or that the other side's Local Rule 56.1 Statement (in summary-judgment briefing) contains an unsupported assertion, then the complaining party should so argue in the response or reply brief, or in the responsive 56.1 Statement.  Motions to strike almost always would require the Court to decide significant issues (and, indeed, the underlying motion) on the merits and would multiply the briefs, because the other side should be allowed to respond. Id. at 727.  Only on very rare occasions is a motion to strike appropriate, such as when an entire brief or 56.1 Statement is defective.  When it is appropriate, the motion must be made very promptly after the filing of the purportedly-offending brief or statement.

 

Deposition Testimony Evidence

 

Parties submitting deposition transcripts in support of or in opposition to summary judgment must file electronically the entire transcript for each deposition.  Parties are not to submit the entire transcript with their courtesy copies, but only the excerpted pages referenced in the party's motion papers.  If at all possible, deposition transcripts, whether submitted in their entirety or in excerpted form, should be submitted in the condensed transcript format where multiple deposition transcript pages are reduced to one page.

 

 

  

 

Motions for Summary Judgment

 

Motions for summary judgment and responses must comply with Local Rules 56.1(a) and 56.1(b), as well as the procedures outlined herein.  All statements of undisputed material facts and their responses shall be filed separately from the memoranda of law and shall include the line, paragraph, or page number where the supporting material may be found in the record.

 

The Local Rules are not mere technicalities.  Failure to abide by the Local Rules may result in the Court striking briefs, disregarding statements of fact, deeming statements of fact admitted, and denying summary judgment. See Cracco v. Vitran Exp., Inc., 559 F.3d 625, 632 (7th Cir. 2009).

 

The movant shall not file more than 80 statements of undisputed material facts without prior leave of the Court.  The respondent shall be limited to 40 statements of undisputed material facts without prior leave of the Court.  In complex cases, the Court finds it helpful when the parties submit an agreed timeline of events in addition to the statements of undisputed material facts.

 

Motions to Strike

 

Motions to strike are strongly disfavored. Custom Vehicles, Inc. v. Forest River, Inc., 464 F.3d 725, 727 (7th Cir. 2006) (Easterbrook, J., in chambers).  For example, if a party believes that the other side's brief contains inaccurate facts or that the other side's Local Rule 56.1 Statement (in summary-judgment briefing) contains an unsupported assertion, then the complaining party should so argue in the response or reply brief, or in the responsive 56.1 Statement.  Motions to strike almost always would require the Court to decide significant issues (and, indeed, the underlying motion) on the merits and would multiply the briefs, because the other side should be allowed to respond. Id. at 727.  Only on very rare occasions is a motion to strike appropriate, such as when an entire brief or 56.1 Statement is defective.  When it is appropriate, the motion must be made very promptly after the filing of the purportedly-offending brief or statement.

 

Deposition Testimony Evidence

 

Parties submitting deposition transcripts in support of or in opposition to summary judgment must file electronically the entire transcript for each deposition.  Parties are not to submit the entire transcript with their courtesy copies, but only the excerpted pages referenced in the party's motion papers.  If at all possible, deposition transcripts, whether submitted in their entirety or in excerpted form, should be submitted in the condensed transcript format where multiple deposition transcript pages are reduced to one page.

 

 

  

 

Persons requesting a daily or hourly transcript of a trial or other evidentiary hearing that may reasonably be expected to last more than one day should contact the Court Reporter at least five business days prior to the first day of such proceedings. Judge Blakey's Court Reporter, Kathleen Sebastian, can be reached at (312) 582-3231. Persons requesting a daily or hourly transcript of a trial or other evidentiary hearing that may reasonably be expected to last more than one day should contact the Court Reporter at least five business days prior to the first day of such proceedings. Judge Blakey's Court Reporter, Kathleen Sebastian, can be reached at (312) 582-3231.

Parties wishing to waive PSR shall do so by way of a motion filed and set for presentment at least 14 days prior to any change of plea. The motion must set forth the parties' joint recommendation regarding the entire advisory guideline calculation, including potential terms and conditions of prison, probation, supervised release, fine, restitution, assessments, or any other relevant issue for the judgment of conviction.  The parties must also file, under seal if necessary, all materials the parties intend to rely upon for sentencing under 18 U.S.C. §3553, including a full criminal history of the defendant. The parties shall contact the Courtroom Deputy for scheduling.

Parties wishing to waive PSR shall do so by way of a motion filed and set for presentment at least 14 days prior to any change of plea. The motion must set forth the parties' joint recommendation regarding the entire advisory guideline calculation, including potential terms and conditions of prison, probation, supervised release, fine, restitution, assessments, or any other relevant issue for the judgment of conviction.  The parties must also file, under seal if necessary, all materials the parties intend to rely upon for sentencing under 18 U.S.C. §3553, including a full criminal history of the defendant. The parties shall contact the Courtroom Deputy for scheduling.

Parties wishing to set a change of plea are advised as follows: (1) the Court requires the parties to provide a copy of the draft plea agreement (or plea declaration) to chambers (in hardcopy or via the Court's proposed order inbox, proposed_order_blakey@ilnd.uscourts.gov) at least one week prior to the change of plea hearing; and (2) if the matter involves an offense triggering a remand to custody under 18 U.S.C. § 3143 upon acceptance of the plea, the Defendant, if released on bond, must come to the hearing prepared to go into the custody of the United States Marshal. If the parties intend otherwise, or if either side plans to file a motion on the issue, the parties must so advise the Court at least three days prior to the change of plea hearing by calling the Courtroom Deputy. If the Defendant is subject to remand as described, the Government shall also advise the United States Marshal at least three days prior to the change of plea hearing. 　

Parties wishing to set a change of plea are advised as follows: (1) the Court requires the parties to provide a copy of the draft plea agreement (or plea declaration) to chambers (in hardcopy or via the Court's proposed order inbox, proposed_order_blakey@ilnd.uscourts.gov) at least one week prior to the change of plea hearing; and (2) if the matter involves an offense triggering a remand to custody under 18 U.S.C. § 3143 upon acceptance of the plea, the Defendant, if released on bond, must come to the hearing prepared to go into the custody of the United States Marshal. If the parties intend otherwise, or if either side plans to file a motion on the issue, the parties must so advise the Court at least three days prior to the change of plea hearing by calling the Courtroom Deputy. If the Defendant is subject to remand as described, the Government shall also advise the United States Marshal at least three days prior to the change of plea hearing. 　

Remand to Custody:

With regard to any change of plea, if the matter involves an offense triggering a remand to custody under 18 U.S.C. § 3143 upon acceptance of the plea, the Defendant, if released on bond, must come to the hearing prepared to go into the custody of the United States Marshal. If the parties intend otherwise, or if either side plans to file a motion on the issue, the parties must so advise the Court at least three days prior to the change of plea hearing by calling the Courtroom Deputy. If the Defendant is subject to remand as described, the Government shall also advise the United States Marshal at least three days prior to the change of plea hearing. 

 

 

Restitution and Forfeiture:

The Court will not enter judgment in a criminal case absent full victim and restitution information and, if applicable, an agreed order or other resolution regarding any outstanding forfeiture issues.

 

With regard to all sentencing proceedings, pursuant to 18 U.S.C. § 3664(d)(1), if restitution is being sought, 60 days prior to the sentencing date, the Government shall provide the Probation Office and the courtroom deputy an electronic standardized spreadsheet (available on the Court’s website) with a list of victims and their full current contact information.  This list shall include any amounts subject to restitution.  If the Government is not able to provide the full victim list 60 days prior to sentencing, they shall file a motion to request an extension of time to compile the information, to the extent permitted by 18 U.S.C. § 3664(d)(5). 

 

If the Mandatory Victims Restitution Act of 1996 applies (or similar provision requires mandatory restitution), the parties shall ensure compliance with the requisite procedures, including those set out in 18 USC § 3664 and, if the Government does not intend to pursue restitution at sentencing, it must confirm in its sentencing memorandum that it has complied with any obligations to inform the victims of their restitution rights, including pursuant to 18 USC §§ 3663A and 3664, and establish that the victims have clearly renounced a right to restitution.  

 

In every case, the Government shall ensure that all disputes concerning forfeiture are resolved prior to sentencing.  If appropriate, the Government shall move for a preliminary forfeiture order prior to sentencing and submit a proposed order to the Court’s proposed order inbox.

 

 

Remand to Custody:

With regard to any change of plea, if the matter involves an offense triggering a remand to custody under 18 U.S.C. § 3143 upon acceptance of the plea, the Defendant, if released on bond, must come to the hearing prepared to go into the custody of the United States Marshal. If the parties intend otherwise, or if either side plans to file a motion on the issue, the parties must so advise the Court at least three days prior to the change of plea hearing by calling the Courtroom Deputy. If the Defendant is subject to remand as described, the Government shall also advise the United States Marshal at least three days prior to the change of plea hearing. 

 

 

Restitution and Forfeiture:

The Court will not enter judgment in a criminal case absent full victim and restitution information and, if applicable, an agreed order or other resolution regarding any outstanding forfeiture issues.

 

With regard to all sentencing proceedings, pursuant to 18 U.S.C. § 3664(d)(1), if restitution is being sought, 60 days prior to the sentencing date, the Government shall provide the Probation Office and the courtroom deputy an electronic standardized spreadsheet (available on the Court’s website) with a list of victims and their full current contact information.  This list shall include any amounts subject to restitution.  If the Government is not able to provide the full victim list 60 days prior to sentencing, they shall file a motion to request an extension of time to compile the information, to the extent permitted by 18 U.S.C. § 3664(d)(5). 

 

If the Mandatory Victims Restitution Act of 1996 applies (or similar provision requires mandatory restitution), the parties shall ensure compliance with the requisite procedures, including those set out in 18 USC § 3664 and, if the Government does not intend to pursue restitution at sentencing, it must confirm in its sentencing memorandum that it has complied with any obligations to inform the victims of their restitution rights, including pursuant to 18 USC §§ 3663A and 3664, and establish that the victims have clearly renounced a right to restitution.  

 

In every case, the Government shall ensure that all disputes concerning forfeiture are resolved prior to sentencing.  If appropriate, the Government shall move for a preliminary forfeiture order prior to sentencing and submit a proposed order to the Court’s proposed order inbox.