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 Northern District of Illinois
 Honorable Virginia M. Kendall, Chief Judge | Thomas G. Bruton, Clerk of Court
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Magistrate Judge Beth W. Jantz
meeting_room Courtroom: 1812 gavel Chambers: 1822 phone Telephone: (312) 435-3080 fax Fax: (312) 554-8238
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Important Information:

Judge Jantz will not be available on 12/24/2024, 12/25/2024, 12/31/2024, and 1/1/2025 for hearings or other matters.

Call-in information for telephonic hearings: If you have a telephonic hearing before the Court, please refer to the case docket and the most recent minute order to find the applicable phone number and access code.

Communications with Chambers for case related matters: The Court strongly prefers email communication with the courtroom deputy. If you have questions about a case assigned to Judge Jantz, please read through the procedures on this website before contacting the courtroom deputy. Additionally, if the parties resolve an issue that is scheduled for a hearing or that is otherwise under consideration by Judge Jantz by motion or otherwise, counsel should email the courtroom deputy as soon as possible. Opposing counsel must be copied on all emails. Counsel may jointly contact the Courtroom Deputy at Anthony_Squillante@ilnd.uscourts.gov

Communications with Chambers for non-case related matters:   Please send an email to: Chambers_Jantz@ilnd.uscourts.gov

Settlement Correspondence: All settlement position statements should be sent to: Settlement_Correspondence_Jantz@ilnd.uscourts.gov

Proposed Orders: Any proposed order for which the parties have worked off a Court template, the parties should submit both a red-lined and clean version, so that the Court can efficiently review any requested changes from the template.  All proposed orders should be sent to: Proposed_Order_Jantz@ilnd.uscourts.gov

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Courtesy Copies and Filings:

Judge Jantz does not require courtesy copies of court filings.  If a courtesy copy is required, the Court will request it from the parties.

All electronic filings (with the exception of exhibits) should be generated by “printing to PDF” from the original word processing file, so that the text of the digital document is searchable. PDFs created by scanning paper documents are not searchable. Therefore, the Court prefers that, if a party has the means to do so, PDFs that are created by scanning paper be OCRd so that they are also searchable.

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Motions:

Motions before Judge Jantz may not be noticed for presentment. Once a party electronically files a motion, the Court will notify the parties of the need, if any, for a hearing and/or a briefing schedule.

All motions must state with specificity when and how the movant complied with the meet and confer requirement of Local Rule 37.2 and the opposing party’s position (whether the motion is agreed to or opposed). This good faith effort to resolve or narrow the dispute should be done in person, telephonically, or through a video conferencing platform; the mere exchange of emails or letters will generally be insufficient to comply. Failure to comply with this rule risks summary denial of a motion

Procedures to be followed in cases assigned to Judge Beth W. Jantz

In all cases assigned by consent or referral to Judge Jantz (except Social Security cases), the court will issue a minute order instructing the parties on next steps, which may include submitting a joint initial status report and/or appearing for an initial status conference.

Cases Assigned Solely for Settlement Purposes

A joint initial status report is not required in cases that are referred solely for a settlement conference, unless otherwise specifically ordered by the court. For cases referred solely for a settlement conference, see Judge Jantz’s Standing Order for Settlement Conference Procedures.

 

A settlement conference date, and dates for the exchange of pre-settlement conference letters, usually will be set at the initial status hearing or conference call in those cases, so attorneys should plan to attend that hearing or call with their relevant clients’ schedules.

 

Cases Referred for Discovery

A joint initial status report typically is not required in cases that are referred for discovery management, unless otherwise specifically ordered by the court. In such cases, the court will either schedule a status conference or order the parties to submit a written status report at a later date, as appropriate to the needs and circumstances of each case.

For cases where no discovery schedule has been set prior to referral to Judge Jantz, the parties will be required to meet and confer (by phone, video, or in person; emails will not suffice) and submit to the court a proposed discovery plan. That plan should include all of the following:

  1. The type/extent of discovery needed to engage in meaningful settlement negotiations, either now or at a later point
  2. Due date for issuance of Rule 26(a)(1) disclosures
  3. Due date for issuance of written discovery requests
  4. Fact discovery completion date
  5. Expert discovery completion date, including dates for serving expert reports

If the case also has been referred for settlement purposes, the parties should include in their discovery plan a statement on the status of settlement talks, including whether any settlement discussions have occurred, the status of the discussions, and whether the parties believe a settlement conference would be productive.

 

Consent Cases

In cases where the parties have mutually agreed to consent to the jurisdiction of the magistrate judge, the court typically will require the parties to file a joint initial status report (of not more than 5 pages) at least 3 business days before the initial status hearing.

 

Joint Initial Status Reports

Unless otherwise ordered, the parties’ joint initial status report should include the following:

  1. The Nature of the Case
    1. The basis for federal jurisdiction.
    2. Whether all necessary parties have been named and served.
    3. The general nature of the claims asserted in the complaint and anycounterclaims, and the major contested legal and factual issues.
    4. The relief sought by plaintiff.
    5. Whether a jury trial is requested, and the probable length of trial.

       

  2. Pending Motions and Case Plan
    1. Identify the nature of any pending or anticipated motions
    2. Submit a proposed discovery plan, including:
      1. The type/extent of discovery needed to engage in meaningful settlement negotiations, either now or at a later point
      2. Due date for issuance of Rule 26(a)(1) disclosures
      3. Due date for issuance of written discovery requests
      4. Fact discovery completion date;
      5. Expert discovery completion date, including dates for serving expert reports; and
      6. Date for filing dispositive motions (see also Judge Jantz’ standing order on Summary Judgment Practice).
    3. Discuss the anticipated scope, if any, of electronically stored information (ESI) in the case and the potential methodologies for identifying ESI for production.

       

  3. Settlement Discussions
    1. Describe whether any settlement discussions have occurred and the status of the discussions.
    2. Indicate whether the parties believe a settlement conference would be productive.

 

 

Initial Status Conferences

Consistent with the scope of the consent or referral, the court may set discovery schedules, briefing schedules, and other deadlines and timetables at the initial status conference. Accordingly, the lead trial counsel for each party, or an attorney with substantial familiarity with and responsibility for the case, shall appear at the initial status conference and be prepared to discuss all aspects of the case, including:

  • The nature of the case
  • Any pending motions in the case
  • Any existing deadlines, including discovery deadlines
  • Any proposals for deadlines that have not yet been set, such as for discovery, dispositive motions, etc.
  • The nature and anticipated scope of discovery needed, including ESI discovery
  • Whether any settlement discussions have occurred and the status of those discussions
  • Whether the parties believe a settlement conference would be productive

In all cases assigned by consent or referral to Judge Jantz (except Social Security cases), the court will issue a minute order instructing the parties on next steps, which may include submitting a joint initial status report and/or appearing for an initial status conference.

Cases Assigned Solely for Settlement Purposes

A joint initial status report is not required in cases that are referred solely for a settlement conference, unless otherwise specifically ordered by the court. For cases referred solely for a settlement conference, see Judge Jantz’s Standing Order for Settlement Conference Procedures.

 

A settlement conference date, and dates for the exchange of pre-settlement conference letters, usually will be set at the initial status hearing or conference call in those cases, so attorneys should plan to attend that hearing or call with their relevant clients’ schedules.

 

Cases Referred for Discovery

A joint initial status report typically is not required in cases that are referred for discovery management, unless otherwise specifically ordered by the court. In such cases, the court will either schedule a status conference or order the parties to submit a written status report at a later date, as appropriate to the needs and circumstances of each case.

For cases where no discovery schedule has been set prior to referral to Judge Jantz, the parties will be required to meet and confer (by phone, video, or in person; emails will not suffice) and submit to the court a proposed discovery plan. That plan should include all of the following:

  1. The type/extent of discovery needed to engage in meaningful settlement negotiations, either now or at a later point
  2. Due date for issuance of Rule 26(a)(1) disclosures
  3. Due date for issuance of written discovery requests
  4. Fact discovery completion date
  5. Expert discovery completion date, including dates for serving expert reports

If the case also has been referred for settlement purposes, the parties should include in their discovery plan a statement on the status of settlement talks, including whether any settlement discussions have occurred, the status of the discussions, and whether the parties believe a settlement conference would be productive.

 

Consent Cases

In cases where the parties have mutually agreed to consent to the jurisdiction of the magistrate judge, the court typically will require the parties to file a joint initial status report (of not more than 5 pages) at least 3 business days before the initial status hearing.

 

Joint Initial Status Reports

Unless otherwise ordered, the parties’ joint initial status report should include the following:

  1. The Nature of the Case
    1. The basis for federal jurisdiction.
    2. Whether all necessary parties have been named and served.
    3. The general nature of the claims asserted in the complaint and anycounterclaims, and the major contested legal and factual issues.
    4. The relief sought by plaintiff.
    5. Whether a jury trial is requested, and the probable length of trial.

       

  2. Pending Motions and Case Plan
    1. Identify the nature of any pending or anticipated motions
    2. Submit a proposed discovery plan, including:
      1. The type/extent of discovery needed to engage in meaningful settlement negotiations, either now or at a later point
      2. Due date for issuance of Rule 26(a)(1) disclosures
      3. Due date for issuance of written discovery requests
      4. Fact discovery completion date;
      5. Expert discovery completion date, including dates for serving expert reports; and
      6. Date for filing dispositive motions (see also Judge Jantz’ standing order on Summary Judgment Practice).
    3. Discuss the anticipated scope, if any, of electronically stored information (ESI) in the case and the potential methodologies for identifying ESI for production.

       

  3. Settlement Discussions
    1. Describe whether any settlement discussions have occurred and the status of the discussions.
    2. Indicate whether the parties believe a settlement conference would be productive.

 

 

Initial Status Conferences

Consistent with the scope of the consent or referral, the court may set discovery schedules, briefing schedules, and other deadlines and timetables at the initial status conference. Accordingly, the lead trial counsel for each party, or an attorney with substantial familiarity with and responsibility for the case, shall appear at the initial status conference and be prepared to discuss all aspects of the case, including:

  • The nature of the case
  • Any pending motions in the case
  • Any existing deadlines, including discovery deadlines
  • Any proposals for deadlines that have not yet been set, such as for discovery, dispositive motions, etc.
  • The nature and anticipated scope of discovery needed, including ESI discovery
  • Whether any settlement discussions have occurred and the status of those discussions
  • Whether the parties believe a settlement conference would be productive

Procedures for Settlement Conferences

 

A. Before the Settlement Conference – Initial Status Hearing, and Exchange of Proposals

 

The Court will generally hold an initial status hearing or conference call to set dates for the settlement conference and the exchange of pre-conference letters to opposing counsel and the Court. Counsel primarily responsible for representing the parties during the settlement conference must participate in this status hearing or call. Counsel will be expected to identify the individuals who will participate in the settlement conference with settlement authority on behalf of their respective parties (including any insurers) (i.e., not just available via phone), consistent with the requirements of this order. If a party is claiming an inability or hindrance to pay a judgment, counsel should raise it at this initial hearing and provide verification of that assertion prior to any settlement conference.

 

Consistent with the schedule that is set, plaintiff’s counsel must submit a position statement to defendant’s counsel and the Court, describing the nature of the action, the theory of liability, plaintiff’s demand and its reasoned basis, an itemization of damages, and citation to legal authority supporting the claimed damages. Plaintiffs are expected to include a demand that is not what they expect to win at trial, but rather a number that takes into account the risk of loss and cost and time savings from settling before trial. Accordingly, for the purpose of settlement, the Court will not consider the availability of punitive damages. For cases involving personal, physical, emotional distress, or similar injuries, plaintiffs should include a list of comparable jury verdicts and/or settlements to support their demand amount. Additionally, Plaintiffs should provide a demand that is updated from any prior negotiations, i.e., not just stand on a prior position.

 

Defendant’s counsel also must submit a position statement to plaintiff’s counsel and the Court, describing the theory of defense and defendant’s offer, including an explanation for it. Defendants are expected to offer a number that does not assume that there will be no liability. As with Plaintiffs, Defendants should provide an offer that is updated from any prior negotiations, i.e., not just stand on a prior position.

 

The parties must include in their statements the names of all individuals who will be attending the settlement conference, along with their role. Defendants must also include whether any insurance representative(s) will be involved, and if so, also confirm their attendance.

 

Position statements should be no more than 10 pages each. Both parties’ counsel are required to provide the full set of the settlement letters to their clients, who must read them prior to the conference. On occasion, this exchange process itself will lead to a settlement or at least some further progress. Indeed, the parties should have multiple discussions about settlement between the date on which the Court sets the settlement conference and the actual date of the conference. The parties should further establish that each party has the necessary information and documents to engage in meaningful settlement discussions during the conference.

 

In preparing their statements, the parties are encouraged to consider whether there are any areas of agreement; whether there are any creative solutions (e.g., licensing agreement, allowing the use of a trademark, re-employment, payment plan, etc.); and whether there are any outstanding lien holders, particularly Worker’s Compensation, Medicare, or other medical liens (and in what amount).

 

In some circumstances, after reviewing the settlement letters, the Court will set a telephonic status hearing before the settlement conference, to further discuss the settlement positions. The Court may also separately contact counsel for one or both parties and will ask the other party for permission before this happens.

 

Upon submission to the other side, the parties also are required to submit their statements to the Court by e-mail. All settlement correspondence should be sent to: Settlement_Correspondence_Jantz@ilnd.uscourts.gov

 

These statements are not to be filed with the Clerk’s Office, will not be made part of the Court’s record, and will not be admissible as evidence.

 

B. Persons Required to Attend the Settlement Conference

 

Individuals with ultimate settlement authority on behalf of the parties must personally participate in the conference, by whatever format the parties and the Court have decided upon (video or in person). If a party chooses to go forward with the settlement conference, it must come with authority to negotiate beyond the offer and demand in the settlement position statements, i.e., the party cannot show up to the settlement conference and refuse to move from the position outlined in its position statement.

 

An insured party shall appear with a representative of the insurer who is authorized to negotiate and who has full authority to settle the case. If a party is an individual, that individual must personally attend (unless fully indemnified by another party and/or otherwise agreed to by all parties and the Court). If a party is an uninsured corporation or governmental entity, a representative of that corporation or governmental entity with authorization to negotiate and settle the case must personally attend, understandably subject to later Board approval for certain governmental entities.

 

Failure to comply with these provisions may result in an order imposing sanctions, such as requiring the party in violation to reimburse the opposing party’s attorney’s fees and costs related to preparing for and appearing at the settlement conference. If a party has to “make a call” to get more settlement authority, that constitutes failure to comply with these provisions. In other words, whoever has the final say on settlement authority must actually participate in the settlement conference itself, either in person or by video.

 

C. Conference Format

 

In an effort to make the process as efficient and productive as possible, the Court will discuss with the parties in advance their preference for conference format, whether it be by video or in person. Both by video and in person, the Court generally holds a joint session with short opening remarks and questions by the Court, generally with no opening presentations by the parties. The Court encourages law firms to consider whether other members of their firm would benefit from observing the settlement conference, even if they are not actively participating.

 

This short, joint session will be followed by each party having private caucuses with the Court. The Court expects both the lawyers and the party representatives to be fully prepared to participate openly during these discussions. Statements made by any party during the settlement conference are not to be used in discovery and will not be admissible at trial.

 

D. Prepare for Success

 

If the parties are successful in reaching an agreement, they will be required to detail on the record all material terms of the agreement at the conclusion of the conference, so that the material terms are binding on the parties, even though a written settlement agreement will follow.

 

E. Cancellation or Rescheduling of the Conference

 

If the parties must reschedule, have concluded that a settlement conference is not necessary or helpful at this time, or have otherwise resolved the case, they should inform chambers as soon as possible. Counsel are cautioned that failure to attend a scheduled settlement conference without court authorization may result in the imposition of sanctions against them.

 

F. Prohibition on Photographs, Recordings, and Rebroadcasts

 

The parties are reminded that all communications with the Court on settlement, including the settlement conferences, ex parte calls, and hearings, whether by video, phone or in person, cannot be photographed, recorded, or rebroadcasted, as with other court proceedings. Any violation of these prohibitions may result in sanctions deemed necessary by the Court.
 
 

Procedures for Settlement Conferences

 

A. Before the Settlement Conference – Initial Status Hearing, and Exchange of Proposals

 

The Court will generally hold an initial status hearing or conference call to set dates for the settlement conference and the exchange of pre-conference letters to opposing counsel and the Court. Counsel primarily responsible for representing the parties during the settlement conference must participate in this status hearing or call. Counsel will be expected to identify the individuals who will participate in the settlement conference with settlement authority on behalf of their respective parties (including any insurers) (i.e., not just available via phone), consistent with the requirements of this order. If a party is claiming an inability or hindrance to pay a judgment, counsel should raise it at this initial hearing and provide verification of that assertion prior to any settlement conference.

 

Consistent with the schedule that is set, plaintiff’s counsel must submit a position statement to defendant’s counsel and the Court, describing the nature of the action, the theory of liability, plaintiff’s demand and its reasoned basis, an itemization of damages, and citation to legal authority supporting the claimed damages. Plaintiffs are expected to include a demand that is not what they expect to win at trial, but rather a number that takes into account the risk of loss and cost and time savings from settling before trial. Accordingly, for the purpose of settlement, the Court will not consider the availability of punitive damages. For cases involving personal, physical, emotional distress, or similar injuries, plaintiffs should include a list of comparable jury verdicts and/or settlements to support their demand amount. Additionally, Plaintiffs should provide a demand that is updated from any prior negotiations, i.e., not just stand on a prior position.

 

Defendant’s counsel also must submit a position statement to plaintiff’s counsel and the Court, describing the theory of defense and defendant’s offer, including an explanation for it. Defendants are expected to offer a number that does not assume that there will be no liability. As with Plaintiffs, Defendants should provide an offer that is updated from any prior negotiations, i.e., not just stand on a prior position.

 

The parties must include in their statements the names of all individuals who will be attending the settlement conference, along with their role. Defendants must also include whether any insurance representative(s) will be involved, and if so, also confirm their attendance.

 

Position statements should be no more than 10 pages each. Both parties’ counsel are required to provide the full set of the settlement letters to their clients, who must read them prior to the conference. On occasion, this exchange process itself will lead to a settlement or at least some further progress. Indeed, the parties should have multiple discussions about settlement between the date on which the Court sets the settlement conference and the actual date of the conference. The parties should further establish that each party has the necessary information and documents to engage in meaningful settlement discussions during the conference.

 

In preparing their statements, the parties are encouraged to consider whether there are any areas of agreement; whether there are any creative solutions (e.g., licensing agreement, allowing the use of a trademark, re-employment, payment plan, etc.); and whether there are any outstanding lien holders, particularly Worker’s Compensation, Medicare, or other medical liens (and in what amount).

 

In some circumstances, after reviewing the settlement letters, the Court will set a telephonic status hearing before the settlement conference, to further discuss the settlement positions. The Court may also separately contact counsel for one or both parties and will ask the other party for permission before this happens.

 

Upon submission to the other side, the parties also are required to submit their statements to the Court by e-mail. All settlement correspondence should be sent to: Settlement_Correspondence_Jantz@ilnd.uscourts.gov

 

These statements are not to be filed with the Clerk’s Office, will not be made part of the Court’s record, and will not be admissible as evidence.

 

B. Persons Required to Attend the Settlement Conference

 

Individuals with ultimate settlement authority on behalf of the parties must personally participate in the conference, by whatever format the parties and the Court have decided upon (video or in person). If a party chooses to go forward with the settlement conference, it must come with authority to negotiate beyond the offer and demand in the settlement position statements, i.e., the party cannot show up to the settlement conference and refuse to move from the position outlined in its position statement.

 

An insured party shall appear with a representative of the insurer who is authorized to negotiate and who has full authority to settle the case. If a party is an individual, that individual must personally attend (unless fully indemnified by another party and/or otherwise agreed to by all parties and the Court). If a party is an uninsured corporation or governmental entity, a representative of that corporation or governmental entity with authorization to negotiate and settle the case must personally attend, understandably subject to later Board approval for certain governmental entities.

 

Failure to comply with these provisions may result in an order imposing sanctions, such as requiring the party in violation to reimburse the opposing party’s attorney’s fees and costs related to preparing for and appearing at the settlement conference. If a party has to “make a call” to get more settlement authority, that constitutes failure to comply with these provisions. In other words, whoever has the final say on settlement authority must actually participate in the settlement conference itself, either in person or by video.

 

C. Conference Format

 

In an effort to make the process as efficient and productive as possible, the Court will discuss with the parties in advance their preference for conference format, whether it be by video or in person. Both by video and in person, the Court generally holds a joint session with short opening remarks and questions by the Court, generally with no opening presentations by the parties. The Court encourages law firms to consider whether other members of their firm would benefit from observing the settlement conference, even if they are not actively participating.

 

This short, joint session will be followed by each party having private caucuses with the Court. The Court expects both the lawyers and the party representatives to be fully prepared to participate openly during these discussions. Statements made by any party during the settlement conference are not to be used in discovery and will not be admissible at trial.

 

D. Prepare for Success

 

If the parties are successful in reaching an agreement, they will be required to detail on the record all material terms of the agreement at the conclusion of the conference, so that the material terms are binding on the parties, even though a written settlement agreement will follow.

 

E. Cancellation or Rescheduling of the Conference

 

If the parties must reschedule, have concluded that a settlement conference is not necessary or helpful at this time, or have otherwise resolved the case, they should inform chambers as soon as possible. Counsel are cautioned that failure to attend a scheduled settlement conference without court authorization may result in the imposition of sanctions against them.

 

F. Prohibition on Photographs, Recordings, and Rebroadcasts

 

The parties are reminded that all communications with the Court on settlement, including the settlement conferences, ex parte calls, and hearings, whether by video, phone or in person, cannot be photographed, recorded, or rebroadcasted, as with other court proceedings. Any violation of these prohibitions may result in sanctions deemed necessary by the Court.
 
 

Submitting a Proposed Order, Agreed or Otherwise, for Electronic Entry by the Judge

Proposed orders should be submitted to the Judge to consider, modify (if appropriate), and enter on the docket thereafter. Proposed orders should be attached to an e-mail and sent to the e-mail address of the assigned judge, Proposed_Order_Jantz@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 also be copied on the e-mail.

 

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.

 


Submitting a Proposed Order, Agreed or Otherwise, for Electronic Entry by the Judge

Proposed orders should be submitted to the Judge to consider, modify (if appropriate), and enter on the docket thereafter. Proposed orders should be attached to an e-mail and sent to the e-mail address of the assigned judge, Proposed_Order_Jantz@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 also be copied on the e-mail.

 

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.

 


                                                   
 
 

Confidentiality or Protective Orders 

A. Confidentiality Agreements Among Parties (No Court Order Necessary)

Parties may agree among themselves to limit disclosure of unfiled discovery information to certain specified persons during the litigation. Court approval of such an agreement or a court order is not necessary. Such an agreement may well address most of the parties’ confidentiality concerns since only a small subset of discovery is typically ever filed in the public court record or used during a court proceeding.

B. Confidentiality Orders Entered by the Court

If the parties seek a further protective order entered by the Court, they must base the proposed order on the model protective order approved by the full Court and set forth in the Local Rules: Form LR 26.2 Model Confidentiality Order.

Any changes to the model order that the parties propose must be shown by redlining that indicates both the deletions and additions to the model text. For the redlined version, counsel should also include brief comments with any proposed changes explaining why the changes are sought. Counsel shall email copies of the redlined version and the clean Word version of the proposed order to the Court’s proposed order inbox (Proposed_Order_Jantz@ilnd.uscourts.gov), with CC to counsel for all parties. The subject line of the e-mail must include the case number and name and the title of the proposed confidentiality/protective order.

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’s issuance of a protective order will constitute the determination, as required by Federal Rule of Civil Procedure 26(c), that good cause exists for the issuance of the order. However, issuance of any protective order will not be given preclusive effect as a determination of good cause for Rule 26(c) purposes if, at a future time, a party or an interested member of the public moves for relief from the limitations of the protective order. In the event of such a motion, the Court will engage in an appropriate assessment of the interest between privacy and public access to make a determination of good cause as to the challenged document(s) in light of the facts then before the Court.

C. Filing Material Under Seal

Please note that under Local Rule 26.2, no documents may be filed under seal without a prior order of the Court specifying the particular document to be filed. As an alternative to filing under seal, Local Rule 26.2 allows individual judges, at their discretion, to order parties to retain copies of confidential documents in lieu of filing them with the Clerk of Court, to file a redacted copy with the Clerk of Court, and to provide the judge with a complete copy for in camera use. In referral cases, Judge Jantz will enforce the practice of the referring District Judge. In consent cases, Judge Jantz will consider using the alternative options permitted by LR 26.2 in appropriate cases.

The Court generally will not approve the filing of entire pleadings or briefs under seal. Parties must arrive at the most limited sealing and redaction of documents consistent with their confidentiality obligations. If material is to be filed under seal, the motion to seal must demonstrate good cause by including a specific description of each document or category of information to be sealed and explaining why confidentiality is necessary.

In any case in which Judge Jantz permits a portion of a document to be filed under seal, the party filing the document must also file a public-record version that includes the entire filing except for the portions that are being filed under seal.

D. Use of Medical Records in Litigation

The Court reminds counsel that the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its regulations create a procedure for obtaining authority to use medical records in litigation, including requesting a qualified protective order. See 45 C.F. R. § 164.512(e). A “qualified protective order” means an order that: (1) prohibits the parties from using or disclosing the protected health information for any purpose other than the litigation for which such information was requested; and (2) requires the return to the covered entity or destruction of the protected health information (including all copies made) at the end of the litigation. 45 C.F.R. § 164.512(e)(1)(v). See Sample HIPAA Order

 


                                                   
 
 

Confidentiality or Protective Orders 

A. Confidentiality Agreements Among Parties (No Court Order Necessary)

Parties may agree among themselves to limit disclosure of unfiled discovery information to certain specified persons during the litigation. Court approval of such an agreement or a court order is not necessary. Such an agreement may well address most of the parties’ confidentiality concerns since only a small subset of discovery is typically ever filed in the public court record or used during a court proceeding.

B. Confidentiality Orders Entered by the Court

If the parties seek a further protective order entered by the Court, they must base the proposed order on the model protective order approved by the full Court and set forth in the Local Rules: Form LR 26.2 Model Confidentiality Order.

Any changes to the model order that the parties propose must be shown by redlining that indicates both the deletions and additions to the model text. For the redlined version, counsel should also include brief comments with any proposed changes explaining why the changes are sought. Counsel shall email copies of the redlined version and the clean Word version of the proposed order to the Court’s proposed order inbox (Proposed_Order_Jantz@ilnd.uscourts.gov), with CC to counsel for all parties. The subject line of the e-mail must include the case number and name and the title of the proposed confidentiality/protective order.

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’s issuance of a protective order will constitute the determination, as required by Federal Rule of Civil Procedure 26(c), that good cause exists for the issuance of the order. However, issuance of any protective order will not be given preclusive effect as a determination of good cause for Rule 26(c) purposes if, at a future time, a party or an interested member of the public moves for relief from the limitations of the protective order. In the event of such a motion, the Court will engage in an appropriate assessment of the interest between privacy and public access to make a determination of good cause as to the challenged document(s) in light of the facts then before the Court.

C. Filing Material Under Seal

Please note that under Local Rule 26.2, no documents may be filed under seal without a prior order of the Court specifying the particular document to be filed. As an alternative to filing under seal, Local Rule 26.2 allows individual judges, at their discretion, to order parties to retain copies of confidential documents in lieu of filing them with the Clerk of Court, to file a redacted copy with the Clerk of Court, and to provide the judge with a complete copy for in camera use. In referral cases, Judge Jantz will enforce the practice of the referring District Judge. In consent cases, Judge Jantz will consider using the alternative options permitted by LR 26.2 in appropriate cases.

The Court generally will not approve the filing of entire pleadings or briefs under seal. Parties must arrive at the most limited sealing and redaction of documents consistent with their confidentiality obligations. If material is to be filed under seal, the motion to seal must demonstrate good cause by including a specific description of each document or category of information to be sealed and explaining why confidentiality is necessary.

In any case in which Judge Jantz permits a portion of a document to be filed under seal, the party filing the document must also file a public-record version that includes the entire filing except for the portions that are being filed under seal.

D. Use of Medical Records in Litigation

The Court reminds counsel that the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its regulations create a procedure for obtaining authority to use medical records in litigation, including requesting a qualified protective order. See 45 C.F. R. § 164.512(e). A “qualified protective order” means an order that: (1) prohibits the parties from using or disclosing the protected health information for any purpose other than the litigation for which such information was requested; and (2) requires the return to the covered entity or destruction of the protected health information (including all copies made) at the end of the litigation. 45 C.F.R. § 164.512(e)(1)(v). See Sample HIPAA Order

 


In-Chambers Conference

Motions for summary judgment require considerable Court and attorney time, and client expense. Sometimes such motions are unnecessarily filed. A careful examination of the record prior to filing may reveal contested factual issues making the granting of the motion impossible.

In many cases after fact discovery has closed, it is helpful for the Court to hold an informal, off-the-record discussion in chambers with the lead attorneys of the parties to discuss whether the filing of a summary judgment motion is advisable given the state of the record. No written submissions should be made prior to the conference. The party who wishes to seek summary judgment should be prepared to point out the uncontested facts that support the relief being sought, and the opposing party should be prepared to speak to whether those facts are contested. This conference should be scheduled with the Courtroom Deputy before any substantive work is done preparing the summary judgment motion. No party will ever be prevented from filing a dispositive motion, but the goal of the in-chambers conference is to have a careful, informed discussion of the issues before significant time and expense have been incurred.

In some cases, the Court may determine that an in-chambers conference would not be helpful. Parties, however, should always inquire with the Court prior to filing a summary judgment motion.

Motions for Summary Judgment

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

The Local Rules are not mere technicalities. Failure to abide by the Local Rules may result in the Court striking briefs, disregarding statements of fact, deeming statements of fact admitted, or denying summary judgment.

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

Motions to strike are strongly disfavored.  For example, if a party believes that the other side’s brief contains inaccurate facts or that the other side’s Local Rule 56.1 statement contains an unsupported assertion, then the complaining party should so argue in the response or reply brief, or in the responsive Rule 56.1 statement. Only on very rare occasions is a motion to strike appropriate, such as when an entire brief or 56.1 statement is defective. When it is appropriate, the motion must be made very promptly after the filing of the purportedly offending brief or statement.

Deposition Testimony Evidence

Parties submitting deposition transcripts in support of or in opposition to summary judgment must file electronically the entire transcript for each cited deposition. Parties are not to submit the entire transcript with their courtesy copies, but only the excerpted pages referenced in the party’s motion papers.

In-Chambers Conference

Motions for summary judgment require considerable Court and attorney time, and client expense. Sometimes such motions are unnecessarily filed. A careful examination of the record prior to filing may reveal contested factual issues making the granting of the motion impossible.

In many cases after fact discovery has closed, it is helpful for the Court to hold an informal, off-the-record discussion in chambers with the lead attorneys of the parties to discuss whether the filing of a summary judgment motion is advisable given the state of the record. No written submissions should be made prior to the conference. The party who wishes to seek summary judgment should be prepared to point out the uncontested facts that support the relief being sought, and the opposing party should be prepared to speak to whether those facts are contested. This conference should be scheduled with the Courtroom Deputy before any substantive work is done preparing the summary judgment motion. No party will ever be prevented from filing a dispositive motion, but the goal of the in-chambers conference is to have a careful, informed discussion of the issues before significant time and expense have been incurred.

In some cases, the Court may determine that an in-chambers conference would not be helpful. Parties, however, should always inquire with the Court prior to filing a summary judgment motion.

Motions for Summary Judgment

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

The Local Rules are not mere technicalities. Failure to abide by the Local Rules may result in the Court striking briefs, disregarding statements of fact, deeming statements of fact admitted, or denying summary judgment.

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

Motions to strike are strongly disfavored.  For example, if a party believes that the other side’s brief contains inaccurate facts or that the other side’s Local Rule 56.1 statement contains an unsupported assertion, then the complaining party should so argue in the response or reply brief, or in the responsive Rule 56.1 statement. Only on very rare occasions is a motion to strike appropriate, such as when an entire brief or 56.1 statement is defective. When it is appropriate, the motion must be made very promptly after the filing of the purportedly offending brief or statement.

Deposition Testimony Evidence

Parties submitting deposition transcripts in support of or in opposition to summary judgment must file electronically the entire transcript for each cited deposition. Parties are not to submit the entire transcript with their courtesy copies, but only the excerpted pages referenced in the party’s motion papers.
 

Leaner Pre-trial Orders Permitted

Judge Jantz does not require the parties to prepare a full pre-trial order. Instead, Judge Jantz requires only the following items be submitted before a bench or jury trial:

1. A joint and concise statement of the claim(s) of plaintiff(s), defense(s) of defendant(s), and all counterclaims and cross claims. In a jury case, this statement will be read to the jury during voir dire. This statement is due fourteen (14) days before the pre-trial conference.

2. A list of names and addresses of all witnesses: a) who will be called; b) who may be called; and c) whose deposition will be used. In a jury case, this list will be read to the jury during voir dire. This list is due fourteen (14) days before the trial date.

3. A list of names and addresses of all expert witnesses who will be called. This list is due fourteen (14) days before the trial date.

4. A statement summarizing the current status of settlement negotiations. This statement is due fourteen (14) days before the pre-trial conference.

5. In a bench trial, proposed findings of fact and conclusions of law are to be submitted fourteen (14) days before the trial date. Trial briefs are not necessary. The parties shall confer about proposed findings of fact and law as to which they agree and submit those to the Court. Each party also shall submit its disputed findings of fact and conclusions of law. Proposed findings of fact and conclusions of law are to be in Word format, and emailed to the Proposed Order box.

 

6. In a jury trial, the parties are instructed to meet to discuss jury instructions prior to filing the same. The parties should concentrate their efforts on the Seventh Circuit Pattern Jury Instructions. Proposed jury instructions are due fourteen (14) days before the pre-trial conference, in Word format, and emailed to the Proposed Order box. Agreed and disputed instructions should be marked as such.

 

7. Proposed voir dire questions special to the case should be submitted to the Court fourteen (14) days before the pre-trial conference.

8. Any Daubert motions shall be filed on the docket no later than thirty-five (35) days and responses no later than twenty-one (21) days before the pre-trial conference.

9. Motions in limine shall be filed on the docket no later than twenty-one (21) days and responses no later than fourteen (14) days before the pre-trial conference. The parties should be prepared to argue their motions in limine at the pre-trial conference. Motions in limine are not favored and should be used sparingly in order to conserve the parties’ resources.  Any motion in limine filed by a party must be accompanied by a statement that the party has conferred with the opposing party and has determined that the matter upon which a ruling is sought is actually in dispute – that is, that the opposing party intends to offer the evidence that the movant seeks to exclude. If the meet-and-confer process results in an agreement that certain matters are inadmissible, that agreement should be memorialized in a stipulation.

10.  Stipulations. A listing of any stipulations agreed to by the parties are to be submitted fourteen (14) days before the trial date.  The Court encourages ample stipulations where possible as a good way to conserve the parties’ resources.

 

11.  Daily/Expedited Transcript and Real-Time Reporting.  Any requests for daily or other expedited transcripts or real-time reporting must be made at least seven (7) days prior to trial so that an available court reporter can be assigned to the trial.

 

Unless otherwise indicated, all submissions shall be emailed to the Court’s proposed order inbox, Proposed_Order_Jantz@ilnd.uscourts.gov, with CC to counsel for all parties. The subject line of the e-mail must include the case number and name and title of the submission.


 

Leaner Pre-trial Orders Permitted

Judge Jantz does not require the parties to prepare a full pre-trial order. Instead, Judge Jantz requires only the following items be submitted before a bench or jury trial:

1. A joint and concise statement of the claim(s) of plaintiff(s), defense(s) of defendant(s), and all counterclaims and cross claims. In a jury case, this statement will be read to the jury during voir dire. This statement is due fourteen (14) days before the pre-trial conference.

2. A list of names and addresses of all witnesses: a) who will be called; b) who may be called; and c) whose deposition will be used. In a jury case, this list will be read to the jury during voir dire. This list is due fourteen (14) days before the trial date.

3. A list of names and addresses of all expert witnesses who will be called. This list is due fourteen (14) days before the trial date.

4. A statement summarizing the current status of settlement negotiations. This statement is due fourteen (14) days before the pre-trial conference.

5. In a bench trial, proposed findings of fact and conclusions of law are to be submitted fourteen (14) days before the trial date. Trial briefs are not necessary. The parties shall confer about proposed findings of fact and law as to which they agree and submit those to the Court. Each party also shall submit its disputed findings of fact and conclusions of law. Proposed findings of fact and conclusions of law are to be in Word format, and emailed to the Proposed Order box.

 

6. In a jury trial, the parties are instructed to meet to discuss jury instructions prior to filing the same. The parties should concentrate their efforts on the Seventh Circuit Pattern Jury Instructions. Proposed jury instructions are due fourteen (14) days before the pre-trial conference, in Word format, and emailed to the Proposed Order box. Agreed and disputed instructions should be marked as such.

 

7. Proposed voir dire questions special to the case should be submitted to the Court fourteen (14) days before the pre-trial conference.

8. Any Daubert motions shall be filed on the docket no later than thirty-five (35) days and responses no later than twenty-one (21) days before the pre-trial conference.

9. Motions in limine shall be filed on the docket no later than twenty-one (21) days and responses no later than fourteen (14) days before the pre-trial conference. The parties should be prepared to argue their motions in limine at the pre-trial conference. Motions in limine are not favored and should be used sparingly in order to conserve the parties’ resources.  Any motion in limine filed by a party must be accompanied by a statement that the party has conferred with the opposing party and has determined that the matter upon which a ruling is sought is actually in dispute – that is, that the opposing party intends to offer the evidence that the movant seeks to exclude. If the meet-and-confer process results in an agreement that certain matters are inadmissible, that agreement should be memorialized in a stipulation.

10.  Stipulations. A listing of any stipulations agreed to by the parties are to be submitted fourteen (14) days before the trial date.  The Court encourages ample stipulations where possible as a good way to conserve the parties’ resources.

 

11.  Daily/Expedited Transcript and Real-Time Reporting.  Any requests for daily or other expedited transcripts or real-time reporting must be made at least seven (7) days prior to trial so that an available court reporter can be assigned to the trial.

 

Unless otherwise indicated, all submissions shall be emailed to the Court’s proposed order inbox, Proposed_Order_Jantz@ilnd.uscourts.gov, with CC to counsel for all parties. The subject line of the e-mail must include the case number and name and title of the submission.


The following procedures are designed to promote professionalism, civility and efficiency in all cases tried before the Court:

  1. Be on time. Please arrive early in order to set up. Trials should take precedence over other business. If you have matters in other courtrooms, please arrange in advance to continue them.

     

  2. Be prepared. The Court attempts to provide at least six hours of trial time each day. Have your witnesses and exhibits ready in order to make efficient use of the trial day.

     

  3. Be professional. Counsel shall treat each other and all witnesses professionally and courteously.

     

  4. Counsel shall disclose the identity of trial witnesses no less than one day before the beginning of the trial day in which counsel expect to call the witnesses.

     

  5. At least 5 days before the trial begins, provide copies of anticipated exhibits to opposing counsel.During trial, the Court uses an integrated evidence presentation system for display of exhibits. Click here to view this District’s Courtroom Technology page. Parties are responsible for obtaining training on the Court’s document projection system through the contact information on this linked website, and are encouraged to schedule this training no later than 2 weeks before the start of trial. All individual(s) responsible for showing exhibits during trial should attend this training.

     

  6. Trial exhibits in civil trials will be given to the jurors during deliberation through the Court's JERS system. Click here to view information about the JERS system. JERS relies on particular naming conventions with respect to the file name of your exhibits. The following PDFs explain how to name your documents properly for uploading to JERS.

     

     

     

     

     

     

    https://www.ilnd.uscourts.gov/_assets/_img/pdf_icon.png

    JERS revised 5-2016.pdf

     

    https://www.ilnd.uscourts.gov/_assets/_img/pdf_icon.png

    JERS_Attorney_Instructions.pdf

     

     

     

  7. One week before trial you need to provide a thumb drive with a sampling of your exhibits using various file extensions (pdf, jpg, avi, wmv, mpg, mp3, wma, wav) for Chambers to look at to make sure you’re naming them correctly before you prepare all of your final exhibits. We will also need a thumb drive immediately before closing arguments with only the exhibits that have been admitted during trial, so that we may upload them to the JERS system.

     

  8. Due to security concerns at the courthouse, if there is any equipment you need to bring into the courthouse for use during trial, you will need a court order to this effect. Please use the following sample and provide the appropriate proposed order to Judge Jantz’s proposed order box at least one week before the start of your trial.

     

     

     

     

     

     

    https://www.ilnd.uscourts.gov/_assets/_img/word_icon.png

    Order allowing counsel to bring in items for jury trial.rtf

     

     

     

  9. Counsel shall retain the originals of their own exhibits for possible appeal.

     

  10. Counsel must stand for all objections and concisely state the basis for the objection (e.g., "hearsay," "relevancy").

     

  11. Side-bars while the jury is present are disfavored. Counsel should attempt to “front” all anticipated issues with Judge Jantz before the jury is brought in each day.

     

  12. Witnesses (other than parties and expert witnesses) are generally excluded from proceedings except to testify. Except for parties, a witness shall not discuss the case with anyone during breaks or recesses once their testimony has begun.

     

  13. If a case has been settled before trial, counsel shall promptly notify the courtroom deputy. Jury costs may be assessed for failure to promptly advise of a settlement.

     

  14. Counsel shall not attempt to contact any jurors after the trial, without prior permission from the Court.

     

  15. Enjoy yourself.

The following procedures are designed to promote professionalism, civility and efficiency in all cases tried before the Court:

  1. Be on time. Please arrive early in order to set up. Trials should take precedence over other business. If you have matters in other courtrooms, please arrange in advance to continue them.

     

  2. Be prepared. The Court attempts to provide at least six hours of trial time each day. Have your witnesses and exhibits ready in order to make efficient use of the trial day.

     

  3. Be professional. Counsel shall treat each other and all witnesses professionally and courteously.

     

  4. Counsel shall disclose the identity of trial witnesses no less than one day before the beginning of the trial day in which counsel expect to call the witnesses.

     

  5. At least 5 days before the trial begins, provide copies of anticipated exhibits to opposing counsel.During trial, the Court uses an integrated evidence presentation system for display of exhibits. Click here to view this District’s Courtroom Technology page. Parties are responsible for obtaining training on the Court’s document projection system through the contact information on this linked website, and are encouraged to schedule this training no later than 2 weeks before the start of trial. All individual(s) responsible for showing exhibits during trial should attend this training.

     

  6. Trial exhibits in civil trials will be given to the jurors during deliberation through the Court's JERS system. Click here to view information about the JERS system. JERS relies on particular naming conventions with respect to the file name of your exhibits. The following PDFs explain how to name your documents properly for uploading to JERS.

     

     

     

     

     

     

    https://www.ilnd.uscourts.gov/_assets/_img/pdf_icon.png

    JERS revised 5-2016.pdf

     

    https://www.ilnd.uscourts.gov/_assets/_img/pdf_icon.png

    JERS_Attorney_Instructions.pdf

     

     

     

  7. One week before trial you need to provide a thumb drive with a sampling of your exhibits using various file extensions (pdf, jpg, avi, wmv, mpg, mp3, wma, wav) for Chambers to look at to make sure you’re naming them correctly before you prepare all of your final exhibits. We will also need a thumb drive immediately before closing arguments with only the exhibits that have been admitted during trial, so that we may upload them to the JERS system.

     

  8. Due to security concerns at the courthouse, if there is any equipment you need to bring into the courthouse for use during trial, you will need a court order to this effect. Please use the following sample and provide the appropriate proposed order to Judge Jantz’s proposed order box at least one week before the start of your trial.

     

     

     

     

     

     

    https://www.ilnd.uscourts.gov/_assets/_img/word_icon.png

    Order allowing counsel to bring in items for jury trial.rtf

     

     

     

  9. Counsel shall retain the originals of their own exhibits for possible appeal.

     

  10. Counsel must stand for all objections and concisely state the basis for the objection (e.g., "hearsay," "relevancy").

     

  11. Side-bars while the jury is present are disfavored. Counsel should attempt to “front” all anticipated issues with Judge Jantz before the jury is brought in each day.

     

  12. Witnesses (other than parties and expert witnesses) are generally excluded from proceedings except to testify. Except for parties, a witness shall not discuss the case with anyone during breaks or recesses once their testimony has begun.

     

  13. If a case has been settled before trial, counsel shall promptly notify the courtroom deputy. Jury costs may be assessed for failure to promptly advise of a settlement.

     

  14. Counsel shall not attempt to contact any jurors after the trial, without prior permission from the Court.

     

  15. Enjoy yourself.

Judge Jantz encourages parties to consent to her jurisdiction so that she may preside over the entirety of the case, including ruling on dispositive motions and presiding over any trial. Because Judge Jantz does not handle felony criminal trials, she generally is able to accommodate the requests of counsel for particular (and firm) trial dates in civil cases.  The parties may use the Magistrate Judge Consent Form to consent to Judge Jantz’s jurisdiction, or they may include their consent to have all proceedings handled by Judge Jantz in any joint filing signed by all the parties (such as an Initial Status Report or proposed Case Management Order).

 


Judge Jantz encourages parties to consent to her jurisdiction so that she may preside over the entirety of the case, including ruling on dispositive motions and presiding over any trial. Because Judge Jantz does not handle felony criminal trials, she generally is able to accommodate the requests of counsel for particular (and firm) trial dates in civil cases.  The parties may use the Magistrate Judge Consent Form to consent to Judge Jantz’s jurisdiction, or they may include their consent to have all proceedings handled by Judge Jantz in any joint filing signed by all the parties (such as an Initial Status Report or proposed Case Management Order).

 


 

The Court believes that parties can and should work out most discovery disputes and thus discourages the filing of discovery motions or motions to compel, which add extra time and costs for both parties. The Court will not consider any discovery motion unless the movant has complied with the meet-and-confer requirement of Local Rule 37.2. This applies not only to motions to compel, but also to motions to quash discovery or for protective orders re discovery. The motion must state with specificity when and how the movant complied with Local Rule 37.2. Remember that compliance with Local Rule 37.2 requires a good-faith effort to resolve discovery disputes and also requires that the conferral take place face-to-face, by telephone, or by video.  The exchange of emails or other correspondence will almost never be sufficient to comply with Local Rule 37.2.

 

A meet and confer is not in good faith if a party merely sticks to its original position or refuses to consider a compromise or a narrowed approach.  Parties are expected to meet and confer within two business days of any request to meet and confer on a subject, absent good cause for delay; a failure to do so may be deemed a forfeiture of the party’s position with respect to the requested discovery.  A party’s failure to meet and confer in good faith may result in the imposition of sanctions, including but not limited to an order to pay the opposing party’s expenses.  See Federal Rule of Civil Procedure 37(a)(5), (b).

         

If a hearing is set on a discovery motion, all parties should be fully prepared to argue any discovery motion on the date that it is presented. If the Court sets a hearing on a motion, the Court may rule on the discovery motion during or after the hearing and without further briefing. If after hearing argument, the Court believes that the motion requires briefing, the Court normally will set an expedited briefing schedule so that the matter can be resolved promptly.

 

Any motions to compel must identify and attach the specific discovery requests at issue, as well as the opposing party’s response (i.e., motions must not simply identify specific “categories” of documents or discovery that the movant seeks).  Motions to compel must also include arguments supporting the relevance and proportionality of the requested discovery and a recitation of the parties’ meet and confer efforts.  Motions to compel may be summarily stricken for a failure to comply with these rules.  Moreover, parties must not seek overbroad requests in the hope that the Court will tailor the resolution on its own; each discovery request will be adjudicated based on the totality of the request, so parties should appropriately narrow their requests ahead of time.  Failure to do so may result in denial of the motion to compel with prejudice; the Court will not tailor a discovery request for the party when it could have done it on its own.

 

Parties must immediately notify the Court if they are withdrawing (or narrowing) any previously filed discovery motion.

 

Any motion to extend discovery deadlines must be presented in writing (after conferral with the other side), filed in advance of the discovery deadline, and must present the opposing party’s position and demonstrate good cause for the extension.

         

With particular respect to electronic discovery disputes, if the parties have reached an impasse regarding the discovery of 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 for each party in order to determine the most effective and feasible ways to retrieve the requested material, as well as the proper format for the retrieval of the records. This electronic discovery conference must take place in person, by telephone, or by video, and both sides should be prepared to discuss specifically the parameters of both the search(es) and the ESF.

 

 

The Court believes that parties can and should work out most discovery disputes and thus discourages the filing of discovery motions or motions to compel, which add extra time and costs for both parties. The Court will not consider any discovery motion unless the movant has complied with the meet-and-confer requirement of Local Rule 37.2. This applies not only to motions to compel, but also to motions to quash discovery or for protective orders re discovery. The motion must state with specificity when and how the movant complied with Local Rule 37.2. Remember that compliance with Local Rule 37.2 requires a good-faith effort to resolve discovery disputes and also requires that the conferral take place face-to-face, by telephone, or by video.  The exchange of emails or other correspondence will almost never be sufficient to comply with Local Rule 37.2.

 

A meet and confer is not in good faith if a party merely sticks to its original position or refuses to consider a compromise or a narrowed approach.  Parties are expected to meet and confer within two business days of any request to meet and confer on a subject, absent good cause for delay; a failure to do so may be deemed a forfeiture of the party’s position with respect to the requested discovery.  A party’s failure to meet and confer in good faith may result in the imposition of sanctions, including but not limited to an order to pay the opposing party’s expenses.  See Federal Rule of Civil Procedure 37(a)(5), (b).

         

If a hearing is set on a discovery motion, all parties should be fully prepared to argue any discovery motion on the date that it is presented. If the Court sets a hearing on a motion, the Court may rule on the discovery motion during or after the hearing and without further briefing. If after hearing argument, the Court believes that the motion requires briefing, the Court normally will set an expedited briefing schedule so that the matter can be resolved promptly.

 

Any motions to compel must identify and attach the specific discovery requests at issue, as well as the opposing party’s response (i.e., motions must not simply identify specific “categories” of documents or discovery that the movant seeks).  Motions to compel must also include arguments supporting the relevance and proportionality of the requested discovery and a recitation of the parties’ meet and confer efforts.  Motions to compel may be summarily stricken for a failure to comply with these rules.  Moreover, parties must not seek overbroad requests in the hope that the Court will tailor the resolution on its own; each discovery request will be adjudicated based on the totality of the request, so parties should appropriately narrow their requests ahead of time.  Failure to do so may result in denial of the motion to compel with prejudice; the Court will not tailor a discovery request for the party when it could have done it on its own.

 

Parties must immediately notify the Court if they are withdrawing (or narrowing) any previously filed discovery motion.

 

Any motion to extend discovery deadlines must be presented in writing (after conferral with the other side), filed in advance of the discovery deadline, and must present the opposing party’s position and demonstrate good cause for the extension.

         

With particular respect to electronic discovery disputes, if the parties have reached an impasse regarding the discovery of 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 for each party in order to determine the most effective and feasible ways to retrieve the requested material, as well as the proper format for the retrieval of the records. This electronic discovery conference must take place in person, by telephone, or by video, and both sides should be prepared to discuss specifically the parameters of both the search(es) and the ESF.

 

In the event that a party withholds otherwise discoverable information on the ground of privilege, the withholding party generally must provide a log of the documents withheld on the ground of privilege. Any privilege log must be detailed enough to enable other parties to assess the applicability of the privilege asserted, and should include: (1) the name and capacity of each individual from whom or to whom a document and any attachments were sent (including which persons are lawyers); (2) the date of the document and any attachments; (3) the type of document; (4) the Bates numbers of the documents, (5) the nature of the privilege asserted; and (6) a description of the subject matter in sufficient detail to determine if legal advice was sought or revealed, or if the document constitutes work product.

The Court reminds the parties that the meet and confer requirements of Local Rule 37.2 apply to privilege disputes, just as they do to other discovery disputes.


In the event that a party withholds otherwise discoverable information on the ground of privilege, the withholding party generally must provide a log of the documents withheld on the ground of privilege. Any privilege log must be detailed enough to enable other parties to assess the applicability of the privilege asserted, and should include: (1) the name and capacity of each individual from whom or to whom a document and any attachments were sent (including which persons are lawyers); (2) the date of the document and any attachments; (3) the type of document; (4) the Bates numbers of the documents, (5) the nature of the privilege asserted; and (6) a description of the subject matter in sufficient detail to determine if legal advice was sought or revealed, or if the document constitutes work product.

The Court reminds the parties that the meet and confer requirements of Local Rule 37.2 apply to privilege disputes, just as they do to other discovery disputes.


If you are a pro se litigant (meaning you do not have a lawyer), the Court's website will provide you with additional information. Staff at the Clerk's Office (312-435-5670) or the Hibbler Memorial Pro Se Assistance Program can help you by answering questions about procedures, but they are prohibited from giving you legal advice. Help from the Clerk's Office or the Hibbler Memorial Pro Se Assistance Program 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:

 

If you are a pro se litigant (meaning you do not have a lawyer), the Court's website will provide you with additional information. Staff at the Clerk's Office (312-435-5670) or the Hibbler Memorial Pro Se Assistance Program can help you by answering questions about procedures, but they are prohibited from giving you legal advice. Help from the Clerk's Office or the Hibbler Memorial Pro Se Assistance Program 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:

 

Social Security Cases

In cases where the District Court has not set a briefing schedule, the Court applies the default schedule provided in the Supplemental Rules for Social Security Actions Under 42 U.S.C. § 405(g). Within thirty (30) days after the filing of the certified administrative record, the plaintiff shall file a memorandum in support of a motion for summary judgment Within (30) days thereafter, the government shall file its response and/or motion for summary judgment and memorandum in support. The plaintiff’s reply brief is due fourteen (14) days thereafter. Absent leave of court, all memoranda of law must comply with the 15-page limitation set forth in Local Rule 7.1.

A. The Plaintiff’s Memorandum

The plaintiff shall identify the specific grounds for reversal or remand. Arguing generally that the ALJ’s decision is not supported by substantial evidence is not sufficient. The plaintiff shall include only those facts that relate to the issues presented. It is not necessary to include the plaintiff’s entire medical history if it is not relevant to the issues raised. It is also not necessary to devote multiple pages to the well-recognized standards for the five-part test. Please cite a case(s) that you believe accurately states the legal principles you wish the court to apply, and make the court aware of any relevant contrary authority. Be sure to cite to specific record evidence in support of each argument.

B. The Commissioner’s Memorandum

The Commissioner should consider whether a voluntary remand is appropriate under the law of this District and Circuit. If so, please contact Plaintiff’s counsel and prepare the necessary stipulation. If not, the Commissioner’s response brief shall specifically respond to the plaintiff’s assertions and arguments. Arguing generally that the ALJ’s decision is supported by substantial evidence is not sufficient. The Commissioner’s brief may supplement the plaintiff’s facts where needed, but it should not repeat facts included in the plaintiff’s brief if they are not in dispute. Be sure to cite to specific record evidence in support of each argument.

 

Oversized Briefs:

No oversized briefs will be allowed without prior court approval obtained at least one week before the due date and upon good cause shown, which requires a reason specific to that case.

 
 
 

Social Security Cases

In cases where the District Court has not set a briefing schedule, the Court applies the default schedule provided in the Supplemental Rules for Social Security Actions Under 42 U.S.C. § 405(g). Within thirty (30) days after the filing of the certified administrative record, the plaintiff shall file a memorandum in support of a motion for summary judgment Within (30) days thereafter, the government shall file its response and/or motion for summary judgment and memorandum in support. The plaintiff’s reply brief is due fourteen (14) days thereafter. Absent leave of court, all memoranda of law must comply with the 15-page limitation set forth in Local Rule 7.1.

A. The Plaintiff’s Memorandum

The plaintiff shall identify the specific grounds for reversal or remand. Arguing generally that the ALJ’s decision is not supported by substantial evidence is not sufficient. The plaintiff shall include only those facts that relate to the issues presented. It is not necessary to include the plaintiff’s entire medical history if it is not relevant to the issues raised. It is also not necessary to devote multiple pages to the well-recognized standards for the five-part test. Please cite a case(s) that you believe accurately states the legal principles you wish the court to apply, and make the court aware of any relevant contrary authority. Be sure to cite to specific record evidence in support of each argument.

B. The Commissioner’s Memorandum

The Commissioner should consider whether a voluntary remand is appropriate under the law of this District and Circuit. If so, please contact Plaintiff’s counsel and prepare the necessary stipulation. If not, the Commissioner’s response brief shall specifically respond to the plaintiff’s assertions and arguments. Arguing generally that the ALJ’s decision is supported by substantial evidence is not sufficient. The Commissioner’s brief may supplement the plaintiff’s facts where needed, but it should not repeat facts included in the plaintiff’s brief if they are not in dispute. Be sure to cite to specific record evidence in support of each argument.

 

Oversized Briefs:

No oversized briefs will be allowed without prior court approval obtained at least one week before the due date and upon good cause shown, which requires a reason specific to that case.

 
 
 
Select a date below to view all schedules.
Thursday, December 5, 2024
1 case
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Tuesday, December 10, 2024
12 cases
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Wednesday, December 11, 2024
5 cases
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Number of days notice: The Court will accept motions, but they may not be noticed for presentment. The Court will notify parties of the need, if any, for a hearing by electronic means.
Motion Type Day Time
All N/A N/A
Courtroom Deputy
A.J. Squillante
anthony_squillante@ilnd.uscourts.gov
(312) 408-7768
Room 1808
Law Clerks
Michael La Mare
Megan Grenville