Judge Sara L. Ellis

Bankruptcy Appeals

chevron_right

Parties should refer to Federal Rule of Bankruptcy Procedure 8018 regarding the time limits to file briefs for a bankruptcy appeal. Any motions to extend time must be filed within the applicable briefing period. Unless leave is granted, briefs are limited to 15 pages each. Parties should refer to Federal Rule of Bankruptcy Procedure 8018 regarding the time limits to file briefs for a bankruptcy appeal. Any motions to extend time must be filed within the applicable briefing period. Unless leave is granted, briefs are limited to 15 pages each.

Consent to Proceed Before Magistrate Judge

chevron_right

Every case has an assigned Magistrate Judge, and in civil cases the parties may consent to have the assigned Magistrate Judge try the case. In many cases, consent to refer the entire case to the Magistrate Judge may offer significant efficiencies and greater certainty in scheduling the trial. All counsel in civil cases should inform their clients of this option and discuss it with opposing counsel.

Magistrate Judge Consent Form Every case has an assigned Magistrate Judge, and in civil cases the parties may consent to have the assigned Magistrate Judge try the case. In many cases, consent to refer the entire case to the Magistrate Judge may offer significant efficiencies and greater certainty in scheduling the trial. All counsel in civil cases should inform their clients of this option and discuss it with opposing counsel.

Magistrate Judge Consent Form

Correspondence with the Court

chevron_right

Unless directed by the Court and with the exception of courtesy copies, neither counsel nor pro se litigants may communicate about a case by letter. All communications must be made in the form of a motion, brief, or a status report, properly noticed and served on opposing counsel. Unless directed by the Court and with the exception of courtesy copies, neither counsel nor pro se litigants may communicate about a case by letter. All communications must be made in the form of a motion, brief, or a status report, properly noticed and served on opposing counsel.

Courtesy Copies

chevron_right

Courtesy copies are required for: all motions noticed for presentment before Judge Ellis; all filings that total 50 pages or more including exhibits; pretrial orders (and the attendant evidentiary motions and jury instructions if separately filed); and all filings that include any attachments or exhibits that are not readable in their electronic format. Unless Judge Ellis orders otherwise, courtesy copies are not required for any filings that do not meet this description, including pleadings. When a courtesy copy is required, it should be delivered to the Courtroom Deputy, not to chambers, within 24 hours of the filing. The Court prefers courtesy copies to be double-sided and printed after a pleading is filed, with the CM/ECF header stamp on the document. Filings with exhibits should include tabs. Voluminous submissions should be bound for ease of use. Courtesy copies are required for: all motions noticed for presentment before Judge Ellis; all filings that total 50 pages or more including exhibits; pretrial orders (and the attendant evidentiary motions and jury instructions if separately filed); and all filings that include any attachments or exhibits that are not readable in their electronic format. Unless Judge Ellis orders otherwise, courtesy copies are not required for any filings that do not meet this description, including pleadings. When a courtesy copy is required, it should be delivered to the Courtroom Deputy, not to chambers, within 24 hours of the filing. The Court prefers courtesy copies to be double-sided and printed after a pleading is filed, with the CM/ECF header stamp on the document. Filings with exhibits should include tabs. Voluminous submissions should be bound for ease of use.

Discovery Motions and E-Discovery

chevron_right

Discovery Motions

The Court believes that parties can and should work out most discovery disputes, and thus discourages the filing of discovery motions. The Court will not hear or consider any discovery motions unless the parties have complied with the meet and confer requirement under Local Rule 37.2. Any discovery motion must state with specificity when and how the movant complied with Local Rule 37.2.

Parties are reminded that compliance with Local Rule 37.2 requires a good faith effort to resolve discovery disputes and, other than in exceptional circumstances, communication that takes place face to face or by telephone. The mere exchange of correspondence will not normally be sufficient to comply with Local Rule 37.2.

If the parties do not resolve their disagreements through this procedure, the parties must file a joint motion of no more than five pages. The joint motion must set out each issue in a separate section and include in that section each party’s position (with appropriate legal authority) and proposed compromise. (This process allows a side-by-side analysis of each disputed issue.) If the disagreement concerns specific discovery that a party has propounded, such as interrogatories, requests for production of documents, or answers or objections to such discovery, the parties must reproduce the question/request and the response in its entirety in that section. The entire disputed discovery responses should be attached as an exhibit to the motion.

All parties must be fully prepared to orally argue any discovery motion on the date that it is presented. The Court most often will decide discovery motions after oral argument at the motion call and without additional briefing. If after argument the Court believes that the motion requires further briefing, the Court normally will set an expedited briefing schedule so that the matter can be resolved promptly.

The Court reminds the parties that there is no "order" or sequence in which discovery must take place; thus, one party’s alleged failure or inability to respond to discovery will not excuse any other party’s prompt compliance with discovery requests. The Court also reminds parties that the pendency of a motion, such as a motion to dismiss, does not – absent court order – operate as a stay of discovery.

E-Discovery

If the parties have reached an impasse regarding the discovery of voluminous records from a database, server, computer, service provider or similar electronic storage facility (ESF), before filing a motion to compel, the parties are required to meet and confer with an IT representative of the ESF to be searched in order to determine the most effective way to retrieve the requested material. The party seeking the discovery should also bring its IT specialist to this meeting in order to discuss the proper format for the retrieval of the records. This electronic discovery conference must take place in person and both sides should be prepared to discuss specifically the parameters of both the search and the ESF.

For more information regarding the Voluntary E-Mediation Program, please refer to: http://www.discoverypilot.com/content/e-mediation-program. Discovery Motions

The Court believes that parties can and should work out most discovery disputes, and thus discourages the filing of discovery motions. The Court will not hear or consider any discovery motions unless the parties have complied with the meet and confer requirement under Local Rule 37.2. Any discovery motion must state with specificity when and how the movant complied with Local Rule 37.2.

Parties are reminded that compliance with Local Rule 37.2 requires a good faith effort to resolve discovery disputes and, other than in exceptional circumstances, communication that takes place face to face or by telephone. The mere exchange of correspondence will not normally be sufficient to comply with Local Rule 37.2.

If the parties do not resolve their disagreements through this procedure, the parties must file a joint motion of no more than five pages. The joint motion must set out each issue in a separate section and include in that section each party’s position (with appropriate legal authority) and proposed compromise. (This process allows a side-by-side analysis of each disputed issue.) If the disagreement concerns specific discovery that a party has propounded, such as interrogatories, requests for production of documents, or answers or objections to such discovery, the parties must reproduce the question/request and the response in its entirety in that section. The entire disputed discovery responses should be attached as an exhibit to the motion.

All parties must be fully prepared to orally argue any discovery motion on the date that it is presented. The Court most often will decide discovery motions after oral argument at the motion call and without additional briefing. If after argument the Court believes that the motion requires further briefing, the Court normally will set an expedited briefing schedule so that the matter can be resolved promptly.

The Court reminds the parties that there is no "order" or sequence in which discovery must take place; thus, one party’s alleged failure or inability to respond to discovery will not excuse any other party’s prompt compliance with discovery requests. The Court also reminds parties that the pendency of a motion, such as a motion to dismiss, does not – absent court order – operate as a stay of discovery.

E-Discovery

If the parties have reached an impasse regarding the discovery of voluminous records from a database, server, computer, service provider or similar electronic storage facility (ESF), before filing a motion to compel, the parties are required to meet and confer with an IT representative of the ESF to be searched in order to determine the most effective way to retrieve the requested material. The party seeking the discovery should also bring its IT specialist to this meeting in order to discuss the proper format for the retrieval of the records. This electronic discovery conference must take place in person and both sides should be prepared to discuss specifically the parameters of both the search and the ESF.

For more information regarding the Voluntary E-Mediation Program, please refer to: http://www.discoverypilot.com/content/e-mediation-program.

Initial Status Reports

chevron_right

The Court will promptly schedule an initial status hearing for newly-filed cases. In most cases, the initial status hearing will be conducted within approximately 60 days of the filing of the complaint. At least seven days prior to the initial status hearing, the parties must file a joint Initial Status Report, not to exceed five pages in length, in the format of the template at the link below.

Initial Status Report The Court will promptly schedule an initial status hearing for newly-filed cases. In most cases, the initial status hearing will be conducted within approximately 60 days of the filing of the complaint. At least seven days prior to the initial status hearing, the parties must file a joint Initial Status Report, not to exceed five pages in length, in the format of the template at the link below.

Initial Status Report

Jury Instructions

chevron_right

The Court prefers that the parties use the Seventh Circuit’s Pattern Jury Instructions when possible, bearing in mind that statutory and binding case law govern over the pattern instructions.

In addition to being filed in connection with the Final Pretrial Order, proposed jury instructions should be submitted by e-mail to the Court at Proposed_Order_Ellis@ilnd.uscourts.gov in a format compatible with Word.

See the Final Pretrial Orders section for further requirements that parties must follow in drafting and presenting proposed jury instructions.

Pattern Civil Jury Instructions The Court prefers that the parties use the Seventh Circuit’s Pattern Jury Instructions when possible, bearing in mind that statutory and binding case law govern over the pattern instructions.

In addition to being filed in connection with the Final Pretrial Order, proposed jury instructions should be submitted by e-mail to the Court at Proposed_Order_Ellis@ilnd.uscourts.gov in a format compatible with Word.

See the Final Pretrial Orders section for further requirements that parties must follow in drafting and presenting proposed jury instructions.

Pattern Civil Jury Instructions

Motion Practice

chevron_right

Schedule

Civil status hearings are held on Tuesday and Wednesday at 9:30 a.m. and Thursday at 1:30 p.m. Civil motions will be heard Tuesday and Wednesday at 9:45 a.m. and Thursday at 1:45 p.m.

Criminal motions will be heard Tuesday and Wednesday at 10:00 a.m. and Thursday at 1:45 p.m.

All motions must be filed no later than the third business day (excluding federal holidays and weekends) before the day the motion is to be heard. For example, absent a holiday, (1) a motion filed on a Monday may be noticed for the upcoming Thursday; and (2) a motion filed on a Thursday may be noticed for the following Tuesday.

Motions must be noticed for a date certain. Judge Ellis’ main web page lists any dates on which she will not be available to hear motions. After 4:00 p.m. on the afternoon prior to the hearing date, counsel should check the call sheet posted on Judge Ellis' web page to determine whether an appearance is necessary. If an appearance is not required, counsel for the movant is directed to notify the respondent(s) accordingly.

Electronic filing

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

Extensions of Time

A party seeking an extension of time must contact all other parties in the case to determine whether they object to the extension. Any motion for extension of time should indicate whether it is the first or subsequent extension request and shall include the reasons for the request, any previous relief granted, and whether any other party objects to the extension. Please do not call chambers or the Courtroom Deputy to request an extension of time.

Unopposed Motions

Joint, uncontested, and agreed motions must be so identified in the title and body of the motion. Unless the Court has told a party it need not appear, counsel for all parties to which the motion is directed are expected to be present whether or not the motion is opposed. After 4:00 p.m. on the afternoon prior to the hearing date, counsel should check the call sheet posted on Judge Ellis' web page to determine whether an appearance is necessary. If an appearance is not required, counsel for the movant is directed to notify the respondent(s) accordingly.

Emergency Motions

Requests to set a hearing on an emergency motion must be made to the Courtroom Deputy with as much advance notice as possible. All reasonable efforts must be made to give actual notice to opposing counsel. Emergency motions must recite that the movant has made good faith efforts to resolve the emergency with opposing counsel or that despite good faith efforts the movant has been unable to resolve it and that the issue is of such a nature that a delay in hearing it would cause serious harm to a party in interest.

Meet and Confer Requirement

The discovery meet and confer requirement can have the same salutary effect on other disputes that it has in connection with discovery disputes. A candid discussion between the parties prior to filing motions to dismiss, motions for summary judgment, motions in limine and the like can limit the scope of such motions or eliminate the need for them to be filed at all.

Thus, the Court will apply the meet and confer requirement not just to discovery motions, but to all motions that a party wishes to file. The instructions concerning what must be done to comply with the discovery meet and confer requirement will be applied with equal force to all other motions.

In particular, with respect to any motions for summary judgment, the Court requires the moving party to advise the opposing party in a short letter (e.g., 2-3 pages) of the basis for the motion (including relevant legal authority). Do not file the letter with the Court. The Court requires the moving party and the opposing party to meet and confer, during which time the opposing party should advise the moving party of factual matter or legal authority that it believes would defeat the motion. After this consultation, if the movant still wishes to file the motion, the movant should do so and the Court will address it. Any motion must state with specificity what the parties did to comply with the meet and confer requirement.

Memoranda of Law

Memoranda of law must comply with Local Rules 5.2 and 7.1. Please only attach copies of any cited authorities that are not available on Westlaw or Lexis.

Supplemental Authority

Parties wishing to file supplemental authority should file a motion seeking leave to do so. Schedule

Civil status hearings are held on Tuesday and Wednesday at 9:30 a.m. and Thursday at 1:30 p.m. Civil motions will be heard Tuesday and Wednesday at 9:45 a.m. and Thursday at 1:45 p.m.

Criminal motions will be heard Tuesday and Wednesday at 10:00 a.m. and Thursday at 1:45 p.m.

All motions must be filed no later than the third business day (excluding federal holidays and weekends) before the day the motion is to be heard. For example, absent a holiday, (1) a motion filed on a Monday may be noticed for the upcoming Thursday; and (2) a motion filed on a Thursday may be noticed for the following Tuesday.

Motions must be noticed for a date certain. Judge Ellis’ main web page lists any dates on which she will not be available to hear motions. After 4:00 p.m. on the afternoon prior to the hearing date, counsel should check the call sheet posted on Judge Ellis' web page to determine whether an appearance is necessary. If an appearance is not required, counsel for the movant is directed to notify the respondent(s) accordingly.

Electronic filing

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

Extensions of Time

A party seeking an extension of time must contact all other parties in the case to determine whether they object to the extension. Any motion for extension of time should indicate whether it is the first or subsequent extension request and shall include the reasons for the request, any previous relief granted, and whether any other party objects to the extension. Please do not call chambers or the Courtroom Deputy to request an extension of time.

Unopposed Motions

Joint, uncontested, and agreed motions must be so identified in the title and body of the motion. Unless the Court has told a party it need not appear, counsel for all parties to which the motion is directed are expected to be present whether or not the motion is opposed. After 4:00 p.m. on the afternoon prior to the hearing date, counsel should check the call sheet posted on Judge Ellis' web page to determine whether an appearance is necessary. If an appearance is not required, counsel for the movant is directed to notify the respondent(s) accordingly.

Emergency Motions

Requests to set a hearing on an emergency motion must be made to the Courtroom Deputy with as much advance notice as possible. All reasonable efforts must be made to give actual notice to opposing counsel. Emergency motions must recite that the movant has made good faith efforts to resolve the emergency with opposing counsel or that despite good faith efforts the movant has been unable to resolve it and that the issue is of such a nature that a delay in hearing it would cause serious harm to a party in interest.

Meet and Confer Requirement

The discovery meet and confer requirement can have the same salutary effect on other disputes that it has in connection with discovery disputes. A candid discussion between the parties prior to filing motions to dismiss, motions for summary judgment, motions in limine and the like can limit the scope of such motions or eliminate the need for them to be filed at all.

Thus, the Court will apply the meet and confer requirement not just to discovery motions, but to all motions that a party wishes to file. The instructions concerning what must be done to comply with the discovery meet and confer requirement will be applied with equal force to all other motions.

In particular, with respect to any motions for summary judgment, the Court requires the moving party to advise the opposing party in a short letter (e.g., 2-3 pages) of the basis for the motion (including relevant legal authority). Do not file the letter with the Court. The Court requires the moving party and the opposing party to meet and confer, during which time the opposing party should advise the moving party of factual matter or legal authority that it believes would defeat the motion. After this consultation, if the movant still wishes to file the motion, the movant should do so and the Court will address it. Any motion must state with specificity what the parties did to comply with the meet and confer requirement.

Memoranda of Law

Memoranda of law must comply with Local Rules 5.2 and 7.1. Please only attach copies of any cited authorities that are not available on Westlaw or Lexis.

Supplemental Authority

Parties wishing to file supplemental authority should file a motion seeking leave to do so.

Patent Cases

chevron_right

Judge Ellis follows the Local Patent Rules for the Northern District of Illinois in all patent cases, unless ordered otherwise.

Local Patent Rules

Local Patent Rules Appendix A

Local Patent Rules Appendix B

Estimated Patent Case Schedule Judge Ellis follows the Local Patent Rules for the Northern District of Illinois in all patent cases, unless ordered otherwise.

Local Patent Rules

Local Patent Rules Appendix A

Local Patent Rules Appendix B

Estimated Patent Case Schedule

Post Trial Contact with Jurors in a Civil or Criminal Case

chevron_right

After the conclusion of a trial, no party, agent or attorney shall communicate with any members of the petit jury before which the case was tried without first receiving permission of the Court. After the conclusion of a trial, no party, agent or attorney shall communicate with any members of the petit jury before which the case was tried without first receiving permission of the Court.

Pretrial Orders

chevron_right

The Court's guidelines for pretrial orders are set forth in the documents linked below:

Final Pretrial Orders - Civil Jury Trials

Final Pretrial Orders - Civil Bench Trials

Final Pretrial Orders - Criminal Jury Trials

The Court intends to use a written questionnaire to assist in jury selection. The Court will ask the questions included in the below documents, which the parties should use as a starting point in proposing additional questions.

Civil Juror Questionnaire Template

Criminal Juror Questionnaire Template

The Court's guidelines for pretrial orders are set forth in the documents linked below:

Final Pretrial Orders - Civil Jury Trials

Final Pretrial Orders - Civil Bench Trials

Final Pretrial Orders - Criminal Jury Trials

The Court intends to use a written questionnaire to assist in jury selection. The Court will ask the questions included in the below documents, which the parties should use as a starting point in proposing additional questions.

Civil Juror Questionnaire Template

Criminal Juror Questionnaire Template

Proposed Orders

chevron_right

Proposed orders on routine motions, such as motions for extensions of time, are unnecessary. Proposed orders should not be submitted for dispositive motions. Proposed orders should not be filed directly onto the docket as stand-alone entries or as attachments to motions, even if the parties agree on the order. Instead, unless the Court has directed otherwise, a party must file a motion asking the Court to enter the order. For example, even proposed orders such as stipulated protective orders require the Court's approval before actually being given full effect and entered. Contemporaneously with filing a motion to enter a proposed order, the movant must e-mail the proposed order to Proposed_Order_Ellis@ilnd.uscourts.gov. This will allow the Court to edit the order if necessary. The subject line of the e-mail must include the case number and name, the docket number of the corresponding motion, and the title of the order that is proposed. Attachments must be submitted to the Court in a format compatible with Word, which is a "Save As" option in most word processing software. Proposed orders should also be served on all parties. Proposed orders on routine motions, such as motions for extensions of time, are unnecessary. Proposed orders should not be submitted for dispositive motions. Proposed orders should not be filed directly onto the docket as stand-alone entries or as attachments to motions, even if the parties agree on the order. Instead, unless the Court has directed otherwise, a party must file a motion asking the Court to enter the order. For example, even proposed orders such as stipulated protective orders require the Court's approval before actually being given full effect and entered. Contemporaneously with filing a motion to enter a proposed order, the movant must e-mail the proposed order to Proposed_Order_Ellis@ilnd.uscourts.gov. This will allow the Court to edit the order if necessary. The subject line of the e-mail must include the case number and name, the docket number of the corresponding motion, and the title of the order that is proposed. Attachments must be submitted to the Court in a format compatible with Word, which is a "Save As" option in most word processing software. Proposed orders should also be served on all parties.

Pro Bono

chevron_right

The Court has a new Pro Bono web page containing resources relative to pro bono representation by attorneys. The page includes prisoner civil rights training audio and video files, a Prisoner Civil Litigation handbook, information on pro bono reimbursement and conflict waiver, various written articles, and contact information for the Litigation Project Coordinator, James P. Chapman. Mr. Chapman assists assigned attorneys with their prisoner civil rights cases.

Pro Bono Resources for Trial Bar Attorneys

The Court has a new Pro Bono web page containing resources relative to pro bono representation by attorneys. The page includes prisoner civil rights training audio and video files, a Prisoner Civil Litigation handbook, information on pro bono reimbursement and conflict waiver, various written articles, and contact information for the Litigation Project Coordinator, James P. Chapman. Mr. Chapman assists assigned attorneys with their prisoner civil rights cases.

Pro Bono Resources for Trial Bar Attorneys

Pro Se Litigants

chevron_right

Click here for Pro Se Litigant information.

If you are a pro se litigant with a case in this district, the District Court Self-Help Assistance Program may be able to provide you with assistance regarding your case. The help desk attorney operates by appointment only. Appointments are made at the Clerk’s Office Intake Desk on the 20th floor or by calling 312-435-5691.

Use of the help desk attorney is not a substitute for an attorney. You should seriously consider trying to obtain professional legal assistance. Below are lists of organizations that may be able to offer you free or low-cost legal assistance or a referral to an attorney if you can afford to pay for legal services.

Additional Resources/Information:

Click here for Pro Se Litigant information.

If you are a pro se litigant with a case in this district, the District Court Self-Help Assistance Program may be able to provide you with assistance regarding your case. The help desk attorney operates by appointment only. Appointments are made at the Clerk’s Office Intake Desk on the 20th floor or by calling 312-435-5691.

Use of the help desk attorney is not a substitute for an attorney. You should seriously consider trying to obtain professional legal assistance. Below are lists of organizations that may be able to offer you free or low-cost legal assistance or a referral to an attorney if you can afford to pay for legal services.

Additional Resources/Information:

Protective Orders

chevron_right

All counsel requesting entry of an order to preserve the confidentiality of materials disclosed in discovery must base the proposed order on the Model Confidentiality Order contained in the Local Rules (Form LR 26.2).

The Model Confidentiality Order provides that counsel should include or delete language in brackets as necessary to the specific case. Any other changes to this model protective order proposed by the parties must be shown by redlining that indicates both deletions and additions to the model text. Counsel are encouraged to include comments with any such proposed changes explaining why the changes are sought. All counsel requesting entry of an order to preserve the confidentiality of materials disclosed in discovery must base the proposed order on the Model Confidentiality Order contained in the Local Rules (Form LR 26.2).

The Model Confidentiality Order provides that counsel should include or delete language in brackets as necessary to the specific case. Any other changes to this model protective order proposed by the parties must be shown by redlining that indicates both deletions and additions to the model text. Counsel are encouraged to include comments with any such proposed changes explaining why the changes are sought.

Settlement Conferences

chevron_right

The Court urges 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 call to the courtroom deputy. Settlement conferences usually will be referred to the assigned Magistrate Judge.

The Court has prepared a Standing Order setting forth its settlement conference procedures. Counsel and their clients must read and follow the procedures in the Standing Order prior to any settlement conference with the Court.

· Standing Order for Settlement Conferences

In the event that the parties seek to have this Court retain jurisdiction to enforce the terms of a settlement agreement, counsel should review the following Seventh Circuit cases (among any other pertinent authorities: Dupuy v. McEwen, 495 F.3d 807 (7th Cir. 2007); Blue Cross & Blue Shield Association v. American Express Co., 467 F.3d 634 (7th Cir. 2006); Shapo v. Engle, 463 F.3d 641 (7th Cir. 2006); and Lynch v. SamataMason Inc., 279 F.3d 487 (7th Cir. 2002). The parties may also wish to review the article, “What’s an Attorney to Do Ensuring Federal Jurisdiction Over Settlement Agreements in Light of Recent Seventh Circuit Cases,” by Judge Denlow. The Court urges 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 call to the courtroom deputy. Settlement conferences usually will be referred to the assigned Magistrate Judge.

The Court has prepared a Standing Order setting forth its settlement conference procedures. Counsel and their clients must read and follow the procedures in the Standing Order prior to any settlement conference with the Court.

· Standing Order for Settlement Conferences

In the event that the parties seek to have this Court retain jurisdiction to enforce the terms of a settlement agreement, counsel should review the following Seventh Circuit cases (among any other pertinent authorities: Dupuy v. McEwen, 495 F.3d 807 (7th Cir. 2007); Blue Cross & Blue Shield Association v. American Express Co., 467 F.3d 634 (7th Cir. 2006); Shapo v. Engle, 463 F.3d 641 (7th Cir. 2006); and Lynch v. SamataMason Inc., 279 F.3d 487 (7th Cir. 2002). The parties may also wish to review the article, “What’s an Attorney to Do Ensuring Federal Jurisdiction Over Settlement Agreements in Light of Recent Seventh Circuit Cases,” by Judge Denlow.

Summary Judgment Practice

chevron_right

Meet and Confer Requirement

With respect to any motions for summary judgment, the Court requires the moving party to advise the opposing party in a short letter (e.g., 2-3 pages) of the basis for the motion (including relevant legal authority). Do not file the letter with the Court. The Court requires the moving party and the opposing party to then meet and confer, during which time the opposing party should advise the moving party of factual matter or legal authority that it believes would defeat the motion. After this consultation, if the movant still wishes to file the motion, the movant should do so and the Court will rule on the motion. Any motion must state with specificity what the parties did to comply with the meet and confer requirement.

If the non-moving party is a pro se litigant, the moving party must provide the pro se litigant with the notice provided in Local Rule 56.2, adapted to reflect this Court’s summary judgment procedures, at the time it provides the non-moving party with its letter outlining the basis for the summary judgment motion.

Motions for Summary Judgment

Motions for summary judgment and responses must comply with Local Rules 56.1(a)(1)-(2) and 56.1(b)(1)-(2), as well as the procedures outlined herein.

Parties are required to file a joint statement of undisputed material facts that the parties agree are not in dispute. The joint statement of undisputed material facts shall be filed separately from the memoranda of law. It shall include citations to admissible evidence supporting each undisputed fact (i.e. the line, paragraph, or page number where the supporting material may be found in the record). The supporting material must be attached to the joint statement. The parties may not file – and the Court will not consider – separate statements of undisputed facts. However, the non-moving party may include facts in its response to the motion for summary judgment that it contends are disputed in order to demonstrate that a genuine issue of material fact exists that warrants denying the motion for summary judgment. The non-moving party must include citations to supporting material supporting the dispute and attach the same. The moving party may respond to these facts in its reply.

The parties shall not file more than 120 statements of undisputed material facts without prior leave of the Court. In complex cases, the Court might request that the parties submit a timeline of events in addition to the joint statement of undisputed material facts.

If the parties cannot agree whether proposed statements of fact are not in dispute, they may file a joint motion prior to filing the motion for summary judgment so the Court can determine whether there is a basis for the alleged disputes. That motion should set forth the proposed statements of fact at issue, with supporting material. Each statement should be followed by a response by the other party explaining why that party contends that the statement is actually in dispute, with citation to supporting material. The supporting material should be attached as exhibits to the motion. The Court will then determine whether the proposed statements of fact may be included in the joint statement as undisputed facts. Parties should provide the Court with sufficient time to rule on factual disputes before summary judgment motions are due. Failure to stipulate to an undisputed fact without a reasonable basis for doing so may result in the statement being admitted and/or the imposition of sanctions. Perfunctory objections, such as “not material” or “irrelevant,” are not reasonable bases for failing to stipulate to an undisputed fact.

If the nonmoving party wholly refuses to join in the joint statement of undisputed material facts, the moving party will nevertheless be permitted to file the motion for summary judgment, accompanied by a separate declaration of counsel explaining why a joint statement of undisputed material facts was not filed.

The Local Rules and the Court’s procedures are not mere technicalities. Failure to abide by any of them, especially the joint statement requirement, will result in the Court striking briefs, disregarding statements of fact, deeming statements of fact admitted, denying summary judgment, and/or imposing sanctions.

Summary Judgment Deposition Testimony Evidence

Parties submitting deposition testimony in support of or in opposition to summary judgment motions are to provide a cover sheet to the deposition stating the name of the witness, the date of the deposition, and the deponent’s title and/or role in, or relationship to, the pending litigation (e.g., "John Doe, plaintiff's human resources manager" or "Jane Doe, plaintiff's union representative"). Also, parties are to provide the Court with the entire transcript of the deposition testimony submitted in support of their respective positions, preferably in the condensed transcript format where multiple deposition transcript pages are reduced to one page.

Meet and Confer Requirement

With respect to any motions for summary judgment, the Court requires the moving party to advise the opposing party in a short letter (e.g., 2-3 pages) of the basis for the motion (including relevant legal authority). Do not file the letter with the Court. The Court requires the moving party and the opposing party to then meet and confer, during which time the opposing party should advise the moving party of factual matter or legal authority that it believes would defeat the motion. After this consultation, if the movant still wishes to file the motion, the movant should do so and the Court will rule on the motion. Any motion must state with specificity what the parties did to comply with the meet and confer requirement.

If the non-moving party is a pro se litigant, the moving party must provide the pro se litigant with the notice provided in Local Rule 56.2, adapted to reflect this Court’s summary judgment procedures, at the time it provides the non-moving party with its letter outlining the basis for the summary judgment motion.

Motions for Summary Judgment

Motions for summary judgment and responses must comply with Local Rules 56.1(a)(1)-(2) and 56.1(b)(1)-(2), as well as the procedures outlined herein.

Parties are required to file a joint statement of undisputed material facts that the parties agree are not in dispute. The joint statement of undisputed material facts shall be filed separately from the memoranda of law. It shall include citations to admissible evidence supporting each undisputed fact (i.e. the line, paragraph, or page number where the supporting material may be found in the record). The supporting material must be attached to the joint statement. The parties may not file – and the Court will not consider – separate statements of undisputed facts. However, the non-moving party may include facts in its response to the motion for summary judgment that it contends are disputed in order to demonstrate that a genuine issue of material fact exists that warrants denying the motion for summary judgment. The non-moving party must include citations to supporting material supporting the dispute and attach the same. The moving party may respond to these facts in its reply.

The parties shall not file more than 120 statements of undisputed material facts without prior leave of the Court. In complex cases, the Court might request that the parties submit a timeline of events in addition to the joint statement of undisputed material facts.

If the parties cannot agree whether proposed statements of fact are not in dispute, they may file a joint motion prior to filing the motion for summary judgment so the Court can determine whether there is a basis for the alleged disputes. That motion should set forth the proposed statements of fact at issue, with supporting material. Each statement should be followed by a response by the other party explaining why that party contends that the statement is actually in dispute, with citation to supporting material. The supporting material should be attached as exhibits to the motion. The Court will then determine whether the proposed statements of fact may be included in the joint statement as undisputed facts. Parties should provide the Court with sufficient time to rule on factual disputes before summary judgment motions are due. Failure to stipulate to an undisputed fact without a reasonable basis for doing so may result in the statement being admitted and/or the imposition of sanctions. Perfunctory objections, such as “not material” or “irrelevant,” are not reasonable bases for failing to stipulate to an undisputed fact.

If the nonmoving party wholly refuses to join in the joint statement of undisputed material facts, the moving party will nevertheless be permitted to file the motion for summary judgment, accompanied by a separate declaration of counsel explaining why a joint statement of undisputed material facts was not filed.

The Local Rules and the Court’s procedures are not mere technicalities. Failure to abide by any of them, especially the joint statement requirement, will result in the Court striking briefs, disregarding statements of fact, deeming statements of fact admitted, denying summary judgment, and/or imposing sanctions.

Summary Judgment Deposition Testimony Evidence

Parties submitting deposition testimony in support of or in opposition to summary judgment motions are to provide a cover sheet to the deposition stating the name of the witness, the date of the deposition, and the deponent’s title and/or role in, or relationship to, the pending litigation (e.g., "John Doe, plaintiff's human resources manager" or "Jane Doe, plaintiff's union representative"). Also, parties are to provide the Court with the entire transcript of the deposition testimony submitted in support of their respective positions, preferably in the condensed transcript format where multiple deposition transcript pages are reduced to one page.

Warrant Applications in Pending Criminal Cases

chevron_right

Pursuant to Local Criminal Rule 41, Judge Ellis has issued a standing order that any and all search warrants or seizure warrants related to a criminal case assigned to Judge Ellis are to be brought to Judge Ellis for consideration, not to the duty magistrate judge, the designated magistrate judge, or the emergency judge.
Pursuant to Local Criminal Rule 41, Judge Ellis has issued a standing order that any and all search warrants or seizure warrants related to a criminal case assigned to Judge Ellis are to be brought to Judge Ellis for consideration, not to the duty magistrate judge, the designated magistrate judge, or the emergency judge.

Counterfeit Product Cases

chevron_right

Plaintiffs in cases alleging counterfeit products and joining many defendants should use the template proposed orders linked below to assist the Court in reviewing motions for: (1) temporary restraining orders; (2) preliminary injunctions; and (3) default judgments. Plaintiffs should create a redline comparison of their proposed order against the relevant template and send both a clean and redline copy to Proposed_Order_Ellis@ilnd.uscourts.gov. A proposed order's conformity with the template does not imply that the associated motion will be granted. Plaintiffs should be prepared to explain any differences between their proposed order and the template.

Temporary Restraining Order Template

Preliminary Injunction Template

Default Judgment Template

Plaintiffs in cases alleging counterfeit products and joining many defendants should use the template proposed orders linked below to assist the Court in reviewing motions for: (1) temporary restraining orders; (2) preliminary injunctions; and (3) default judgments. Plaintiffs should create a redline comparison of their proposed order against the relevant template and send both a clean and redline copy to Proposed_Order_Ellis@ilnd.uscourts.gov. A proposed order's conformity with the template does not imply that the associated motion will be granted. Plaintiffs should be prepared to explain any differences between their proposed order and the template.

Temporary Restraining Order Template

Preliminary Injunction Template

Default Judgment Template

Case No.	Name	Time	Type
1:21-cv-06283	SMART Local 265 Welfare Fund v. May-Aire Heating and Cooling Co., Inc.	09:30AM	Telephone Conference
1:21-cv-06841	Carcharadon, LLC v. Askey	09:30AM	Telephone Conference
1:22-cv-03084	Jones v. Loyola University Medical Center	09:30AM	Telephone Conference
1:23-cv-05019	Bradley v. George	09:30AM	Telephone Conference
1:23-cv-10105	Brogsdale v. Torres-Corona	09:30AM	Telephone Conference
1:23-cv-13410	Rossidoc LLC v. The City of Chicago	09:30AM	Telephone Conference
1:23-cv-14549	Tiesenga v. The Shade Store, LLC	09:30AM	Telephone Conference
1:23-cv-14761	Pit Viper, LLC v. The Partnerships and Unincorporated Associations I	09:30AM	Motion Hearing
1:23-cv-16333	Smiley Auto Group LLC v. Village Of Maywood	09:30AM	Telephone Conference
1:24-cv-00335	Cobb v. Paramount Global	09:30AM	Telephone Conference
1:24-cv-00632	SMART Local 265 Welfare Fund v. May-Aire Heating and Cooling Co., Inc.	09:30AM	Telephone Conference
1:24-cv-01588	Firestone Financial, LLC v. Dasic Logistic Inc.	09:30AM	Telephone Conference
1:24-cv-01929	Putnam v. Wormuth	09:30AM	Telephone Conference
1:24-cv-03821	Collectanea J. Limited v. The Partnerships And Unincorporated Associations I	09:30AM	Telephone Conference
1:24-cv-04176	Hill v. Illinois Department of Human Services	09:30AM	Telephone Conference
1:24-cv-07348	Rogina v. Carnivore & The Queen LLC., d/b/a Carnivore and Th	09:30AM	Telephone Conference
1:24-cv-08950	Khan v. Mayorkas	09:30AM	Telephone Conference
1:24-cv-09005	Swieca-Gannon v. The Garlands of Barrington LLC.	09:30AM	Telephone Conference
1:24-cv-09454	Romero v. Lakeshore Recycling Systems, LLC	09:30AM	Telephone Conference
1:24-cv-09532	Foney v. United States of America	09:30AM	Telephone Conference
1:24-cv-09780	Gomi Mak Transportation Inc. v. American Expedited Inc.	09:30AM	Telephone Conference
1:24-cv-09880	Chicago & Vicinity Laborers' District Council v. AllState Concrete Cutting, Inc.	09:30AM	Telephone Conference
1:23-cr-00018	USA v. Johnson	09:45AM	Notice of Motion
1:23-cv-03071	Lisle, Jr. v. Olszewski	09:45AM	Notice of Motion
1:23-cv-15039	Stokes v. Tinley Park Police Department	09:45AM	Notice of Motion
1:24-cv-01113	M&T Capital and Leasing Corporation v. Truck & Trailer Leasing Avenue LLC	09:45AM	Notice of Motion
1:24-cv-01588	Firestone Financial, LLC v. Dasic Logistic Inc.	09:45AM	Notice of Motion
1:24-cv-02996	Giles v. Sabert Corporation	09:45AM	Notice of Motion
1:24-cv-03821	Collectanea J. Limited v. The Partnerships And Unincorporated Associations I	09:45AM	Notice of Motion
1:24-cv-07950	Hebert v. Illinois Department of Corrections	09:45AM	Notice of Motion
1:24-cv-10804	Zhang v. The Partnerships and Unincorporated Associations	09:45AM	Telephone Conference
1:24-cv-11155	SOCIETE POUR LOEUVRE ET LA MEMOIRE DANTOINE DE SAI v. The Individuals, Corporations, Limited Liability C	09:45AM	Telephone Conference
1:24-cv-11374	KTM AG v. The Individuals, Corporations, Limited Liability C	09:45AM	Telephone Conference
1:24-cv-11425	Bounce Curl, LLC v. The Partnerships and Unincorporated Associations I	09:45AM	Telephone Conference
1:24-cv-11549	Zhejiang Natural Outdoor Goods Inc. v. Hangzhou Loutian Import and Export Trade Co., Ltd.	09:45AM	Notice of Motion
1:24-cv-11549	Zhejiang Natural Outdoor Goods Inc. v. Hangzhou Loutian Import and Export Trade Co., Ltd.	09:45AM	Telephone Conference
1:24-cv-11586	Moore v. Trans Union LLC	09:45AM	Notice of Motion
1:24-cv-12057	Fear of God, LLC v. The Partnerships and Unincorporated Associations I	09:45AM	Notice of Motion
1:24-cv-12059	Pushpeel LLC v. The Partnerships and Unincorporated Associations I	09:45AM	Notice of Motion
1:03-cr-01066	USA v. Strong	10:00AM	Telephone Conference
1:17-cr-00138	USA v. Johnson	10:00AM	Telephone Conference
1:18-cr-00533	USA v. Ghandour	10:00AM	Show Cause Hearing
1:18-cr-00642	USA v. Harshaw	10:00AM	Status Hearing
1:23-cr-00495	USA v. Glenn	10:00AM	In Court Hearing
1:24-cr-00403	USA v. Busse	10:00AM	Telephone Conference
1:18-cr-00375	USA v. Day	10:15AM	Show Cause Hearing
1:11-cr-00789	USA v. Conway	10:30AM	Revocation Superv Rls-FinalHrg
1:23-cr-00018	USA v. Johnson	01:30PM	Evidentiary Hearing

Case No.	Name	Time	Type
1:17-cv-08443	Reese v. Lashbrook	09:30AM	Telephone Conference
1:21-cv-06318	Abdul-Sater v. Gardner	09:30AM	Telephone Conference
1:23-cv-00794	HENGST SE v. Champion Laboratories, Inc.	09:30AM	Notice of Motion
1:23-cv-00794	HENGST SE v. Champion Laboratories, Inc.	09:30AM	Telephone Conference
1:23-cv-01822	Discount Printed Promos USA, LLC v. Stephanie Wurster et al	09:30AM	Telephone Conference
1:23-cv-11026	Bradley v. Lavigne	09:30AM	Telephone Conference
1:23-cv-13982	Thompson v. The Village of Monee	09:30AM	Ruling on Motion
1:24-cv-01867	Judicial Watch, Inc. v. The Illinois State Board of Elections	09:30AM	Telephone Conference
1:24-cv-04842	Kalicki, Jr. v. National Union Fire Insurance Company of Pittsburg	09:30AM	Telephone Conference
1:24-cv-07015	League corp. v. Khan	09:30AM	Telephone Conference
1:24-cv-07164	Chen v. Partnerships and Unincorporated Associations Ident	09:30AM	Notice of Motion
1:24-cv-07164	Chen v. Partnerships and Unincorporated Associations Ident	09:30AM	Telephone Conference
1:24-cv-08362	Nike, Inc. v. The Partnerships and Unincorporated Associations I	09:30AM	Telephone Conference
1:24-cv-10472	Best v. Walgreen Pharmacy Services Midwest, LLC	09:30AM	Telephone Conference
1:24-cv-10912	Trustees of the Chicago Painters and Decorators Pe v. J.N.S Construction Corp. II	09:30AM	Telephone Conference
1:24-cv-11471	Osprey, LLC v. Partnerships and Unincorporated Associations Ident	09:30AM	Telephone Conference
1:17-cr-00647	USA v. Adams	09:45AM	Notice of Motion
1:23-cv-03162	Nanez v. Switski	09:45AM	Motion Hearing
1:23-cv-03162	Nanez v. Switski	09:45AM	Telephone Conference
1:23-cv-17151	Trotta v. O'Malley	09:45AM	Notice of Motion
1:24-cv-07015	League corp. v. Khan	09:45AM	Notice of Motion
1:24-cv-07164	Chen v. Partnerships and Unincorporated Associations Ident	09:45AM	Notice of Motion
1:24-cv-08950	Khan v. Mayorkas	09:45AM	Notice of Motion
1:19-cr-00201	USA v. Kelly	10:00AM	In Court Hearing
1:20-cr-00286	USA v. Daniel	10:00AM	Telephone Conference
1:21-cr-00163	USA v. Holliday	10:00AM	Notice of Motion
1:21-cr-00741	USA v. Gayden	10:00AM	Telephone Conference
1:23-cr-00243	USA v. Garcia-Torres	10:00AM	Telephone Conference
1:24-cr-00055	USA v. Banks	10:00AM	In Court Hearing
1:23-cr-00495	USA v. Wilks	10:45AM	Change of Plea Hearing
1:21-cr-00163	USA v. Holliday	01:30PM	Sentencing

Motion Type	Day	Time
Civ. & Crim.	T,W, Thu	9:45 am (T,W) / 1:45 pm (Thu)
Pretrial Conferences and sentencings	M-W	1:30pm
Criminal (including arraignments and changes of plea)	T, W, Thu	10 am (T,W) / 1:45 pm (Thu)