The Court’s final pretrial order guidelines differ from those in Local Rule 16.1. Parties should consult Judge Harjani’s requirements. That Standing Order may be obtained from this website or from the courtroom deputy.

Judge Harjani's Final Pretrial Order

The Court’s final pretrial order guidelines differ from those in Local Rule 16.1. Parties should consult Judge Harjani’s requirements. That Standing Order may be obtained from this website or from the courtroom deputy.

Judge Harjani's Final Pretrial Order

Additional resources and information are available in the following links:

Additional resources and information are available in the following links:

The Court requires counsel to engage in a good-faith attempt to resolve, or at least narrow, disputed issues before a motion is filed. A candid discussion between counsel prior to filing motions to dismiss, motions for summary judgment, and motions in limine, among others, can limit the scope of such motions or eliminate the need for them to be filed at all. This requirement is designed to avoid unnecessary delay and expenditure of party and judicial resources.

The Court requires counsel to engage in a good-faith attempt to resolve, or at least narrow, disputed issues before a motion is filed. A candid discussion between counsel prior to filing motions to dismiss, motions for summary judgment, and motions in limine, among others, can limit the scope of such motions or eliminate the need for them to be filed at all. This requirement is designed to avoid unnecessary delay and expenditure of party and judicial resources.

The Court requires strict compliance with Local Rules 56.1(a) and 56.1(b) in the briefing of all summary judgment motions. In addition, to assist the Court in reviewing the factual record submitted in connection with summary judgment motions, the Court requires the following:

A courtesy copy of the memorandum of law, depositions and other materials relied upon in support of the motion (as required by Local Rule 56.1(a)(1)-(2)) or in opposition to the motion (as required by Local Rule 56.1(b)(1)-(3)) must be delivered to chambers within 24 hours of when it is filed. The courtesy copy of the compendium must be securely bound, must separately tab each document, and must contain an index identifying what document is contained under each tab. It must also have the CM/ECF header.

All statements of undisputed material facts offered by the moving party under Local Rule 56.1(a)(2), or statements of additional facts offered by the responding party under Local Rule 56.1(b)(3), must list the facts in short, numbered paragraphs that refrain from argument. Argument must be reserved for the moving party’s memorandum of law. Each numbered fact statement must contain a specific citation to affidavits, depositions or other materials that support the fact statement, as well as to the tab(s) in the compendium where those materials may be found. Failure to provide support for a statement of fact may result in that alleged "fact" being disregarded.

All responses to statements of undisputed material facts offered by the opposing party under Local Rule 56.1(b)(2), or responses to statements of additional facts offered by the moving party under Local Rule 56.1(c)(2), shall be in a format similar to that used in answering a complaint: that is, the response must repeat each numbered paragraph of the fact statement, and then immediately following each numbered statement must state whether the alleged fact is "undisputed" or "disputed." As with the fact statements submitted under Local Rules 56.1(a)(2) and 56.1(b)(2), the responses to those fact statements must refrain from argument. The significance or lack of significance of a disputed or undisputed fact may be argued in the respondent’s legal memorandum. If a particular fact is "undisputed," nothing more should be said in the response. If a particular fact assertion is "disputed" in whole or in part, the response must state what part of the assertion is disputed and must contain a specific citation to the supporting affidavits, depositions or other materials as well as to the tab(s) in the compendium where those materials may be found. Failure to provide support for an alleged fact dispute may result in that fact being deemed admitted. In accord with Local Rule 56.1(d)(5), absent prior leave of Court, a movant shall not file more than 80 separately numbered statements of undisputed material fact, and a party opposing a summary judgment motion shall not file more than 40 separately numbered statements of additional facts. The Court reminds parties that the fact statements under Local Rule 56.1(a)(2) and Local Rule 56.1(b)(3) "must consist of short numbered paragraphs."

Motions to strike or deemed admitted Local Rule 56.1 statement of facts will not be accepted by the Court. These concerns should be raised in the parties’ briefs.

The Court requires strict compliance with Local Rules 56.1(a) and 56.1(b) in the briefing of all summary judgment motions. In addition, to assist the Court in reviewing the factual record submitted in connection with summary judgment motions, the Court requires the following:

A courtesy copy of the memorandum of law, depositions and other materials relied upon in support of the motion (as required by Local Rule 56.1(a)(1)-(2)) or in opposition to the motion (as required by Local Rule 56.1(b)(1)-(3)) must be delivered to chambers within 24 hours of when it is filed. The courtesy copy of the compendium must be securely bound, must separately tab each document, and must contain an index identifying what document is contained under each tab. It must also have the CM/ECF header.

All statements of undisputed material facts offered by the moving party under Local Rule 56.1(a)(2), or statements of additional facts offered by the responding party under Local Rule 56.1(b)(3), must list the facts in short, numbered paragraphs that refrain from argument. Argument must be reserved for the moving party’s memorandum of law. Each numbered fact statement must contain a specific citation to affidavits, depositions or other materials that support the fact statement, as well as to the tab(s) in the compendium where those materials may be found. Failure to provide support for a statement of fact may result in that alleged "fact" being disregarded.

All responses to statements of undisputed material facts offered by the opposing party under Local Rule 56.1(b)(2), or responses to statements of additional facts offered by the moving party under Local Rule 56.1(c)(2), shall be in a format similar to that used in answering a complaint: that is, the response must repeat each numbered paragraph of the fact statement, and then immediately following each numbered statement must state whether the alleged fact is "undisputed" or "disputed." As with the fact statements submitted under Local Rules 56.1(a)(2) and 56.1(b)(2), the responses to those fact statements must refrain from argument. The significance or lack of significance of a disputed or undisputed fact may be argued in the respondent’s legal memorandum. If a particular fact is "undisputed," nothing more should be said in the response. If a particular fact assertion is "disputed" in whole or in part, the response must state what part of the assertion is disputed and must contain a specific citation to the supporting affidavits, depositions or other materials as well as to the tab(s) in the compendium where those materials may be found. Failure to provide support for an alleged fact dispute may result in that fact being deemed admitted. In accord with Local Rule 56.1(d)(5), absent prior leave of Court, a movant shall not file more than 80 separately numbered statements of undisputed material fact, and a party opposing a summary judgment motion shall not file more than 40 separately numbered statements of additional facts. The Court reminds parties that the fact statements under Local Rule 56.1(a)(2) and Local Rule 56.1(b)(3) "must consist of short numbered paragraphs."

Motions to strike or deemed admitted Local Rule 56.1 statement of facts will not be accepted by the Court. These concerns should be raised in the parties’ briefs.

Parties should not file proposed orders. Rather, proposed orders are to be "submitted" to the judge to consider, modify (if appropriate) and enter electronically. Such proposed orders must be attached to an e-mail sent to Proposed_Order_Harjani@ilnd.uscourts.gov. The subject line of the e-mail must include the case number and name, the docket number of the corresponding motion, if any, and the title of the order that is proposed. All such documents must be submitted to the court in a format compatible with Word. All parties should be copied on such email.

Submitting a proposed order electronically is not a substitute for filing a motion. A proposed order may only be submitted after the corresponding motion has been filed unless the Court has given prior leave to submit a proposed order without a motion.

Parties should not file proposed orders. Rather, proposed orders are to be "submitted" to the judge to consider, modify (if appropriate) and enter electronically. Such proposed orders must be attached to an e-mail sent to Proposed_Order_Harjani@ilnd.uscourts.gov. The subject line of the e-mail must include the case number and name, the docket number of the corresponding motion, if any, and the title of the order that is proposed. All such documents must be submitted to the court in a format compatible with Word. All parties should be copied on such email.

Submitting a proposed order electronically is not a substitute for filing a motion. A proposed order may only be submitted after the corresponding motion has been filed unless the Court has given prior leave to submit a proposed order without a motion.

The Court advises the parties that when a motion to dismiss is filed, the nonmoving party has a right to amend its pleading once within 21 days. Fed. R. Civ. P. 15(a)(1)(B). Accordingly, when a motion to dismiss is filed in a matter before this Court, consistent with the purpose of the Federal Rules "to secure the just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, the nonmoving party is directed to review the motion to dismiss and to consider exercising, as appropriate, its right to amend under Rule 15(a)(1)(B). If the nonmoving party elects to amend its pleading in response to the motion to dismiss, then the moving party (unless otherwise ordered) must, within 21 days of the amended pleading, file either an answer or a renewed motion to dismiss.

If the nonmoving party elects not to amend but instead chooses to litigate the motion to dismiss, the nonmoving party (unless ordered otherwise) must file its response within 21 days of the filing of the motion, and the moving party must file its reply within 14 days of the filing of the response.

Following these steps, the Court will take the motion under advisement and will rule in due course following any oral argument that the Court may in its discretion require.

The Court advises the parties that when a motion to dismiss is filed, the nonmoving party has a right to amend its pleading once within 21 days. Fed. R. Civ. P. 15(a)(1)(B). Accordingly, when a motion to dismiss is filed in a matter before this Court, consistent with the purpose of the Federal Rules "to secure the just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, the nonmoving party is directed to review the motion to dismiss and to consider exercising, as appropriate, its right to amend under Rule 15(a)(1)(B). If the nonmoving party elects to amend its pleading in response to the motion to dismiss, then the moving party (unless otherwise ordered) must, within 21 days of the amended pleading, file either an answer or a renewed motion to dismiss.

If the nonmoving party elects not to amend but instead chooses to litigate the motion to dismiss, the nonmoving party (unless ordered otherwise) must file its response within 21 days of the filing of the motion, and the moving party must file its reply within 14 days of the filing of the response.

Following these steps, the Court will take the motion under advisement and will rule in due course following any oral argument that the Court may in its discretion require.

Before submitting a proposed order of dismissal, counsel should review Seventh Circuit case law regarding the retention of federal jurisdiction to enforce the terms of a settlement agreement, including 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, Inc. v. SamataMason Inc., 279 F.3d 487 (7th Cir. 2002).

In general, Seventh Circuit decisions hold that dismissals "with prejudice" leave the Court without jurisdiction to enforce a settlement agreement. Accordingly, in most cases, the parties would be well advised to submit a proposed order that either (a) provides for dismissal with prejudice if the settlement terms have already been fulfilled (e.g., payment has been made), but make no reference to retention of jurisdiction; or (b) provides for the case to be "dismissed without prejudice with leave to reinstate on or before [date far enough in the future to fulfill all settlement terms]. Thereafter, the case shall be deemed, without further order of the Court, to be dismissed with prejudice."

Before submitting a proposed order of dismissal, counsel should review Seventh Circuit case law regarding the retention of federal jurisdiction to enforce the terms of a settlement agreement, including 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, Inc. v. SamataMason Inc., 279 F.3d 487 (7th Cir. 2002).

In general, Seventh Circuit decisions hold that dismissals "with prejudice" leave the Court without jurisdiction to enforce a settlement agreement. Accordingly, in most cases, the parties would be well advised to submit a proposed order that either (a) provides for dismissal with prejudice if the settlement terms have already been fulfilled (e.g., payment has been made), but make no reference to retention of jurisdiction; or (b) provides for the case to be "dismissed without prejudice with leave to reinstate on or before [date far enough in the future to fulfill all settlement terms]. Thereafter, the case shall be deemed, without further order of the Court, to be dismissed with prejudice."

In a bench trial, proposed findings of fact and conclusions of law are not to be included in the proposed Final Pretrial Order. The Court will require the parties to file their proposed findings of fact and conclusions of law after the bench trial. The proposed findings of fact shall include a narrative statement of all facts in consecutively numbered paragraphs (though where appropriate a paragraph may contain more than one sentence). Each paragraph shall be followed by citations to trial testimony and exhibits. The proposed conclusions of law shall be separately, clearly, and concisely stated in separately numbered paragraphs. Each paragraph shall be followed by citations of authorities in support thereof.

The parties shall confer about proposed findings of fact and conclusions of law as to which they agree and submit those to the Court. Each party also shall submit its separate findings of fact and conclusions of law. Parties shall submit a hard copy and e-mail a Microsoft Word version to the Court’s proposed orders e-mail address: Proposed_Orders_Harjani@ilnd.uscourts.gov.

In a bench trial, proposed findings of fact and conclusions of law are not to be included in the proposed Final Pretrial Order. The Court will require the parties to file their proposed findings of fact and conclusions of law after the bench trial. The proposed findings of fact shall include a narrative statement of all facts in consecutively numbered paragraphs (though where appropriate a paragraph may contain more than one sentence). Each paragraph shall be followed by citations to trial testimony and exhibits. The proposed conclusions of law shall be separately, clearly, and concisely stated in separately numbered paragraphs. Each paragraph shall be followed by citations of authorities in support thereof.

The parties shall confer about proposed findings of fact and conclusions of law as to which they agree and submit those to the Court. Each party also shall submit its separate findings of fact and conclusions of law. Parties shall submit a hard copy and e-mail a Microsoft Word version to the Court’s proposed orders e-mail address: Proposed_Orders_Harjani@ilnd.uscourts.gov.

The Court will set all newly-filed cases for an initial status hearing approximately 70 days after the filing of the complaint. The initial status hearing will be the scheduling conference as required by Rule 16(b) of the Federal Rules of Civil Procedure. See Fed. R. Civ. P. 16(b); Local Rule 16.1. The parties must meet and conduct a planning conference as required by Federal Rule of Civil Procedure 26(f). The parties must file a Joint Initial Status Report, not to exceed five pages, at least seven days before the initial status hearing. The Joint Initial Status Report is the “discovery plan” required by Rule 26(f) and shall follow the format in this link.

If the defendant(s) have not been served by the initial status date, counsel for plaintiff is to contact the Courtroom Deputy to reschedule the status hearing and the date for filing an initial status report. If plaintiff is seeking a default, no status report is required.

In some cases, the scheduled initial status hearing may take place before a defendant has responded to the plaintiff’s complaint. The Court expects all defendants who have been served with process to participate in this conference even if they have not yet responded to the complaint.

The Court will set all newly-filed cases for an initial status hearing approximately 70 days after the filing of the complaint. The initial status hearing will be the scheduling conference as required by Rule 16(b) of the Federal Rules of Civil Procedure. See Fed. R. Civ. P. 16(b); Local Rule 16.1. The parties must meet and conduct a planning conference as required by Federal Rule of Civil Procedure 26(f). The parties must file a Joint Initial Status Report, not to exceed five pages, at least seven days before the initial status hearing. The Joint Initial Status Report is the “discovery plan” required by Rule 26(f) and shall follow the format in this link.

If the defendant(s) have not been served by the initial status date, counsel for plaintiff is to contact the Courtroom Deputy to reschedule the status hearing and the date for filing an initial status report. If plaintiff is seeking a default, no status report is required.

In some cases, the scheduled initial status hearing may take place before a defendant has responded to the plaintiff’s complaint. The Court expects all defendants who have been served with process to participate in this conference even if they have not yet responded to the complaint.

Unless Judge Harjani orders otherwise, parties should follow the Local Patent Rules for the Northern District of Illinois in all patent cases, including design patent cases. At least 7 days prior to the initial status hearing in a patent case, the parties must file a joint report, in the format and including the information required by LPR Appendix A.

Unless Judge Harjani orders otherwise, parties should follow the Local Patent Rules for the Northern District of Illinois in all patent cases, including design patent cases. At least 7 days prior to the initial status hearing in a patent case, the parties must file a joint report, in the format and including the information required by LPR Appendix A.

Persons requesting a daily or hourly transcript of a trial or other evidentiary hearing that may reasonably be expected to last more than one day should contact the Court Reporter at least five business days prior to the first day of such proceedings. Judge Harjani’s Court Reporter, Laura LaCien, can be reached at (312) 408-5032. All other transcript requests should be placed using the Court's online transcript order form, which can be found here.

Persons requesting a daily or hourly transcript of a trial or other evidentiary hearing that may reasonably be expected to last more than one day should contact the Court Reporter at least five business days prior to the first day of such proceedings. Judge Harjani’s Court Reporter, Laura LaCien, can be reached at (312) 408-5032. All other transcript requests should be placed using the Court's online transcript order form, which can be found here.