Judge Sara L. Ellis

Bankruptcy Appeals

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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.

Phone Appearances

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As a courtesy, the Court permits out-of-town counsel to participate in routine status and motion hearings by telephone. Please provide a direct, landline telephone number to Rhonda Johnson the day before the scheduled hearing, by calling (312) 702-8864. If counsel in multiple locations wish to appear by phone, the Court will provide a conference call line, but you are still required to join the conference call using a landline.

The Court needs to be able to reach you without delay. Just as in court you must be ready to step up when your case is called, you should be near your phone and prepared to answer it when the Court calls. The Court should not be placed on hold while a staff person attempts to locate you. Please be aware that your case may be called later than the scheduled time depending on other matters before the Court. Every effort will be made to call your case promptly.

Please keep in mind that even as a phone participant you are on the record in a formal court hearing. If there are multiple people on the phone, you must state your name each time you speak for clarity of the record. Lengthy arguments should be made in person or by local counsel.
As a courtesy, the Court permits out-of-town counsel to participate in routine status and motion hearings by telephone. Please provide a direct, landline telephone number to Rhonda Johnson the day before the scheduled hearing, by calling (312) 702-8864. If counsel in multiple locations wish to appear by phone, the Court will provide a conference call line, but you are still required to join the conference call using a landline.

The Court needs to be able to reach you without delay. Just as in court you must be ready to step up when your case is called, you should be near your phone and prepared to answer it when the Court calls. The Court should not be placed on hold while a staff person attempts to locate you. Please be aware that your case may be called later than the scheduled time depending on other matters before the Court. Every effort will be made to call your case promptly.

Please keep in mind that even as a phone participant you are on the record in a formal court hearing. If there are multiple people on the phone, you must state your name each time you speak for clarity of the record. Lengthy arguments should be made in person or by local counsel.

Warrant Applications in Pending Criminal Cases

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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

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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
1:16-cv-10156	Livingston v. City of Chicago	09:30AM	Telephone Conference
1:19-cv-08135	Griffin v. City of Chicago	09:30AM	Telephone Conference
1:19-cv-08388	Wu v. Kallies	09:30AM	Telephone Conference
1:22-cv-03441	Theta IP, LLC v. Motorola Mobility LLC	09:30AM	Telephone Conference
1:23-cv-01012	Nash-Milton v. Allen	09:30AM	Telephone Conference
1:23-cv-16487	Nealon v. Teamster Local 700	09:30AM	Telephone Conference
1:24-cv-03326	Li v. Partnerships and Unincorporated Associations Ident	09:30AM	Telephone Conference
1:20-cv-00643	McDonald v. Miles	09:45AM	Telephone Conference
1:23-cv-00775	Stufflebeam v. Loft Healthcare Consultants, Inc.	09:45AM	Notice of Motion
1:23-cv-00775	Stufflebeam v. Loft Healthcare Consultants, Inc.	09:45AM	Telephone Conference
1:24-cv-02502	Grumpy Cat Limited v. The Individuals, Corporations, Limited Liability C	09:45AM	Notice of Motion
1:18-cr-00403	USA v. Brown	10:00AM	In Court Hearing
1:21-cr-00052	USA v. Coleman	10:00AM	In Court Hearing
1:21-cr-00636	USA v. Bonds	10:00AM	Telephone Conference
1:24-cr-00055	USA v. Smith	10:00AM	Telephone Conference
1:18-cr-00519	USA v. Mahmood	10:15AM	In Court Hearing
1:24-cr-00055	USA v. Banks	01:25PM	In Court Hearing

Case No.	Name	Time	Type
1:20-cv-05299	Green v. Barr	09:30AM	Telephone Conference
1:23-cv-15894	Xu v. Partnerships and Unincorporated Associations Ident	09:30AM	Telephone Conference
1:24-cv-01713	Doe v. THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY C	09:30AM	Telephone Conference
1:24-cv-02028	Howard B. Samuels v. J.B. Sullivan, Inc.	09:30AM	Telephone Conference
1:24-cv-02434	Edwards v. Dakkota Integrated Systems	09:30AM	Telephone Conference
1:23-cv-04098	Amerisure Insurance Company v. Premier Design & Build Group LLC	09:45AM	Notice of Motion
1:23-cv-14861	English v. Advocate Health & Hospitals Corp.	09:45AM	Notice of Motion
1:23-cv-16634	Donis v. COUNTY OF COOK a municipal corporation	09:45AM	Notice of Motion
1:24-cv-01322	Sanchez Jr. v. City Of Chicago	09:45AM	Notice of Motion
1:24-cv-01713	Doe v. THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY C	09:45AM	Notice of Motion
1:24-cv-02274	Heather M. Snow v. The Partnerships and Unincorporated Associations I	09:45AM	Notice of Motion
1:24-cv-02274	Heather M. Snow v. The Partnerships and Unincorporated Associations I	09:45AM	Telephone Conference
1:24-cv-03552	Deckers Outdoor Corporation v. The Partnerships and Unincorporated Associations I	09:45AM	Telephone Conference
1:24-cv-03640	Sega Corporation and Atlus Co., Ltd. v. The Partnerships and Unincorporated Associations I	09:45AM	Notice of Motion
1:24-cv-03640	Sega Corporation and Atlus Co., Ltd. v. The Partnerships and Unincorporated Associations I	09:45AM	Telephone Conference
1:24-cv-04152	SHENZHEN JISU TECHNOLOGY CO., LTD v. THE PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS I	09:45AM	Telephone Conference
1:24-cv-04468	Zuru Inc. v. The Individuals, Partnerships and Unincorporated A	09:45AM	Telephone Conference
1:24-cv-04505	NBA Properties, Inc. v. The Partnerships and Unincorporated Associations I	09:45AM	Notice of Motion
1:24-cv-04505	NBA Properties, Inc. v. The Partnerships and Unincorporated Associations I	09:45AM	Telephone Conference
1:24-cv-04886	Merch Traffic, LLC v. The Partnerships and Unincorporated Associations I	09:45AM	Notice of Motion
1:24-cv-04886	Merch Traffic, LLC v. The Partnerships and Unincorporated Associations I	09:45AM	Telephone Conference
1:24-cv-05379	Ubisoft Entertainment, S.A. and Ubisoft, Inc. v. The Individuals, Corporations, Limited Liability C	09:45AM	Notice of Motion
1:24-cv-05403	Meihua v. Individuals, Partnerships identified in Schedule A	09:45AM	Notice of Motion
1:18-cv-05682	Knox v. Rahimi	10:00AM	Motion Hearing

Case No.	Name	Time	Type
1:22-cv-02877	Nappier v. Illions Department of Human Services	09:30AM	Telephone Conference
1:22-cv-03637	Scholle IPN Packaging, Inc. v. Zephyr Fluid Solutions, LLC	09:30AM	Telephone Conference
1:23-cv-03071	Lisle, Jr. v. Olszewski	09:30AM	Telephone Conference
1:23-cv-03996	Rainey v. Hub Group Inc.	09:30AM	Telephone Conference
1:23-cv-14761	Pit Viper, LLC v. The Partnerships and Unincorporated Associations I	09:30AM	Telephone Conference
1:23-cv-16209	Flanagan v. Kindred Healthcare Operating, LLC	09:30AM	Telephone Conference
1:24-cv-01215	Santiago v. Select Hotels Group, LLC	09:30AM	Telephone Conference
1:24-cv-01983	I Pee Holding, LLC v. Joyin Inc.	09:30AM	Telephone Conference
1:24-cv-03542	Hein v. Mai	09:30AM	Telephone Conference
1:24-cv-03587	Ruiz v. Laboratory Corporation of America	09:30AM	Telephone Conference
1:24-cv-03752	Bava v. Mayorkas	09:30AM	Telephone Conference
1:24-cv-03773	Wolms v. Mayorkas	09:30AM	Telephone Conference
1:22-cv-01041	Cobbins v. Mitchell	09:45AM	Motion Hearing
1:22-cv-05393	Hickory Hills Foodmart, Inc. v. Equilon Enterprises, LLC	09:45AM	Notice of Motion
1:23-cv-01606	Gomez v. El-Milagro, Inc.	09:45AM	Motion Hearing
1:24-cv-02434	Edwards v. Dakkota Integrated Systems	09:45AM	Notice of Motion
1:24-cv-02996	Giles v. Sabert Corporation	09:45AM	Notice of Motion
1:24-cv-03552	Deckers Outdoor Corporation v. The Partnerships and Unincorporated Associations I	09:45AM	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
1:23-cr-00495	USA v. Glenn	10:00AM	Telephone Conference
1:16-cr-00561	USA v. Gonzalez-Munguia	10:25AM	In Court Hearing
1:23-cv-00835	State Farm Mutual Automobile Insurance Company v. Hospital Capital Partners, LLC et al	10:30AM	In Court Hearing
1:21-cr-00163	USA v. Holliday	01:30PM	Pretrial Conference

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)