Initial Status Report for Newly Filed Cases:

The Court will set all newly filed cases for status approximately 60 days or less after the filing of the complaint. At the initial status conference, parties should be prepared to discuss: 1) the nature of the case; 2) factual and legal issues; 3) settlement potential and discussions to date; 4) discovery taken to date and intended; and 5) potential motions to be filed. At least three days prior to the status conference, the parties are directed to file a joint written status report of not more than five pages. The purpose of the initial status report is to inform the court of the main issues in the case in order to have a productive discussion at the initial status conference regarding deadlines to be set for the parties. 

The parties should be prepared to discuss facts and the law at their Initial Status including potential costs of litigation, an estimate of damages, and details about the allegations and the defenses. This discussion goes beyond the basic information contained in the Initial Status Report. For employment cases, the parties should be prepared to address any relevant salary or wage information so the Court can assess proportionality for discovery purposes.

At the Initial Status Judge Kendall will provide a date to the parties at a mid-point by which they must seek a referral to the Magistrate Judge in order for the parties to efficiently schedule a conference with the Magistrate Judge at the end of their discovery period. 

The lead attorney who will be trying the case must appear at the initial status conference and if he or she is unable to do so then the initial status conference should be rescheduled.  Telephonic appearances are generally inappropriate for an initial status conference absent extraordinary circumstances. 

• Initial Status Report for Newly Filed Cases

Initial Status Report for Newly Filed Cases:

The Court will set all newly filed cases for status approximately 60 days or less after the filing of the complaint. At the initial status conference, parties should be prepared to discuss: 1) the nature of the case; 2) factual and legal issues; 3) settlement potential and discussions to date; 4) discovery taken to date and intended; and 5) potential motions to be filed. At least three days prior to the status conference, the parties are directed to file a joint written status report of not more than five pages. The purpose of the initial status report is to inform the court of the main issues in the case in order to have a productive discussion at the initial status conference regarding deadlines to be set for the parties. 

The parties should be prepared to discuss facts and the law at their Initial Status including potential costs of litigation, an estimate of damages, and details about the allegations and the defenses. This discussion goes beyond the basic information contained in the Initial Status Report. For employment cases, the parties should be prepared to address any relevant salary or wage information so the Court can assess proportionality for discovery purposes.

At the Initial Status Judge Kendall will provide a date to the parties at a mid-point by which they must seek a referral to the Magistrate Judge in order for the parties to efficiently schedule a conference with the Magistrate Judge at the end of their discovery period. 

The lead attorney who will be trying the case must appear at the initial status conference and if he or she is unable to do so then the initial status conference should be rescheduled.  Telephonic appearances are generally inappropriate for an initial status conference absent extraordinary circumstances. 

• Initial Status Report for Newly Filed Cases

All parties must comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26.1 of the Northern District of Illinois.

The Court believes that parties can and should work out most discovery disputes and discourages the filing of discovery motions. The Court will not hear or consider any discovery motion unless the movant has complied with the "meet and confer" requirement of Local Rule 37.2. The motion must state with specificity when and how the movant complied with Local Rule 37.2. Parties are reminded that compliance with Local Rule 37.2 requires a good faith effort to resolve discovery disputes and communication that takes place face to face or by telephone. The exchange of correspondence will not normally be sufficient to comply with Local Rule 37.2.

All parties should be fully prepared to argue any discovery motion on the date that it is presented. The Court most often will rule on discovery motions after hearing argument at the motion call and without 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.

Parties are reminded that there is no "order" in which discovery must occur, and that one party's failure or inability to respond to discovery will not excuse any other party's prompt compliance. Parties also are reminded that the pendency of a motion, such as a motion to dismiss, does not operate as a stay of discovery nor do settlement discussions.

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

All parties must comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26.1 of the Northern District of Illinois.

The Court believes that parties can and should work out most discovery disputes and discourages the filing of discovery motions. The Court will not hear or consider any discovery motion unless the movant has complied with the "meet and confer" requirement of Local Rule 37.2. The motion must state with specificity when and how the movant complied with Local Rule 37.2. Parties are reminded that compliance with Local Rule 37.2 requires a good faith effort to resolve discovery disputes and communication that takes place face to face or by telephone. The exchange of correspondence will not normally be sufficient to comply with Local Rule 37.2.

All parties should be fully prepared to argue any discovery motion on the date that it is presented. The Court most often will rule on discovery motions after hearing argument at the motion call and without 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.

Parties are reminded that there is no "order" in which discovery must occur, and that one party's failure or inability to respond to discovery will not excuse any other party's prompt compliance. Parties also are reminded that the pendency of a motion, such as a motion to dismiss, does not operate as a stay of discovery nor do settlement discussions.

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

The majority of motions DO NOT REQUIRE courtesy copies.  The exception is for Rule 56 motions, corresponding Rule 56 statements, and responses where courtesy copies are required.  In that case, the copies should be delivered to the Courtroom Deputy's Office, located at Room 2316-A. 

A party seeking an extension of time must contact all other parties in the case to determine whether they object to the extension. Any motion for extension of time must indicate whether it is the first or subsequent extension request, shall include the reasons for the request, any previous relief granted and whether any other party objects to the extension.  Failure to state the number of extensions requested will result in the request either being denied or being granted as a FINAL extension. The moving party shall specify a date certain or seek a specific amount of time when making a request for an extension of time. Parties are NOT permitted to agree to an extension of time without moving the Court for such an extension.

 All joint, uncontested, or agreed motions must be so identified in the title and body of the motion and electronically filed as an unopposed motion on CM/ECF. Unless the court has told a party it need not appear, counsel for all parties are expected to be present whether or not the motion is agreed. After 4:00 p.m. on the afternoon prior to the hearing date, counsel should check the case docket to determine whether an appearance is necessary. Counsel also may call Lynn Kandziora, the courtroom deputy, at (312) 408-5153. If an appearance is not required, the movant is directed to notify the respondent(s) accordingly.

Counsel should not respond to motions by correspondence with the Court, the Court's Law Clerks, or the Courtroom Deputy.

The majority of motions DO NOT REQUIRE courtesy copies.  The exception is for Rule 56 motions, corresponding Rule 56 statements, and responses where courtesy copies are required.  In that case, the copies should be delivered to the Courtroom Deputy's Office, located at Room 2316-A. 

A party seeking an extension of time must contact all other parties in the case to determine whether they object to the extension. Any motion for extension of time must indicate whether it is the first or subsequent extension request, shall include the reasons for the request, any previous relief granted and whether any other party objects to the extension.  Failure to state the number of extensions requested will result in the request either being denied or being granted as a FINAL extension. The moving party shall specify a date certain or seek a specific amount of time when making a request for an extension of time. Parties are NOT permitted to agree to an extension of time without moving the Court for such an extension.

 All joint, uncontested, or agreed motions must be so identified in the title and body of the motion and electronically filed as an unopposed motion on CM/ECF. Unless the court has told a party it need not appear, counsel for all parties are expected to be present whether or not the motion is agreed. After 4:00 p.m. on the afternoon prior to the hearing date, counsel should check the case docket to determine whether an appearance is necessary. Counsel also may call Lynn Kandziora, the courtroom deputy, at (312) 408-5153. If an appearance is not required, the movant is directed to notify the respondent(s) accordingly.

Counsel should not respond to motions by correspondence with the Court, the Court's Law Clerks, or the Courtroom Deputy.

An emergency motion must be of such a nature that a delay in hearing the motion would cause serious harm to one or more parties. Requests to set a hearing on an emergency motion should be made to the courtroom deputy with as much advance notice as possible. All reasonable efforts should be undertaken to give actual notice to opposing counsel.

An emergency motion must be of such a nature that a delay in hearing the motion would cause serious harm to one or more parties. Requests to set a hearing on an emergency motion should be made to the courtroom deputy with as much advance notice as possible. All reasonable efforts should be undertaken to give actual notice to opposing counsel.

The Court requires strict compliance with Rule 56.1(f) which provides as follows:
Collateral motions in the summary judgment process, such as motions to strike, are disfavored. Any dispute regarding the admissibility or effect of evidence should be addressed in the briefs.

Motions for summary judgment and responses must comply with Local Rules 56.1(a) and 56.1(b), as well as the procedures outlined herein. The statements of undisputed material fact and 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. Courtesy copies of exhibits to summary judgment motions should be tabbed for easy access.  The parties are to include only the relevant portions of any deposition cited to, including 2 pages before  and 2 pages after the cite.

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 fact without prior leave of Court. The respondent shall be limited to 40 statements of undisputed material fact absent prior leave of the Court. In complex cases, the Court may request that the parties submit a timeline of events in addition to the statements of undisputed material fact.

The Court strongly encourages all filings to include hyperlinks to any cases or docket entries referred to in the pleadings.  If possible, the Court prefers hyperlinks to exhibits as well but recognizes that this may entail more time and expense.  To the extent possible, the Court prefers any citation to exhibits, cases, and docket entries to be hyperlinked. 

Please see

 http://www.ned.uscourts.gov/internetDocs/cmecf/hyperlinking_attorneys_word.pdf

for directions on how to include hyperlinks in filings. 

The Court requires strict compliance with Rule 56.1(f) which provides as follows:
Collateral motions in the summary judgment process, such as motions to strike, are disfavored. Any dispute regarding the admissibility or effect of evidence should be addressed in the briefs.

Motions for summary judgment and responses must comply with Local Rules 56.1(a) and 56.1(b), as well as the procedures outlined herein. The statements of undisputed material fact and 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. Courtesy copies of exhibits to summary judgment motions should be tabbed for easy access.  The parties are to include only the relevant portions of any deposition cited to, including 2 pages before  and 2 pages after the cite.

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 fact without prior leave of Court. The respondent shall be limited to 40 statements of undisputed material fact absent prior leave of the Court. In complex cases, the Court may request that the parties submit a timeline of events in addition to the statements of undisputed material fact.

The Court strongly encourages all filings to include hyperlinks to any cases or docket entries referred to in the pleadings.  If possible, the Court prefers hyperlinks to exhibits as well but recognizes that this may entail more time and expense.  To the extent possible, the Court prefers any citation to exhibits, cases, and docket entries to be hyperlinked. 

Please see

 http://www.ned.uscourts.gov/internetDocs/cmecf/hyperlinking_attorneys_word.pdf

for directions on how to include hyperlinks in filings. 

The fifteen (15) page limitation on all memoranda contained in Local Rule 7.1 shall be strictly enforced. A motion for leave to exceed that limit is looked upon with disfavor and shall not be granted except in unusual circumstances. Any such leave must be requested prior to submission of the memorandum.

Parties must attach to their memoranda copies of any cited authority that is unpublished in the West National Reporter System and unavailable on Westlaw.

Citations should follow the format prescribed in "A Uniform System of Citation" (the "Bluebook").

All citations should include a pin-point citation to the precise page on which the language relied on appears.

The Court strongly encourages all filings to include hyperlinks to any cases or docket entries referred to in the pleadings.  If possible, the Court prefers hyperlinks to exhibits as well but recognizes that this may entail more time and expense.  To the extent possible, the Court prefers any citation to exhibits, cases, and docket entries to be hyperlinked.  

Please see http://www.ned.uscourts.gov/internetDocs/cmecf/hyperlinking_attorneys_word.pdf

for directions on how to include hyperlinks in filings. 

The fifteen (15) page limitation on all memoranda contained in Local Rule 7.1 shall be strictly enforced. A motion for leave to exceed that limit is looked upon with disfavor and shall not be granted except in unusual circumstances. Any such leave must be requested prior to submission of the memorandum.

Parties must attach to their memoranda copies of any cited authority that is unpublished in the West National Reporter System and unavailable on Westlaw.

Citations should follow the format prescribed in "A Uniform System of Citation" (the "Bluebook").

All citations should include a pin-point citation to the precise page on which the language relied on appears.

The Court strongly encourages all filings to include hyperlinks to any cases or docket entries referred to in the pleadings.  If possible, the Court prefers hyperlinks to exhibits as well but recognizes that this may entail more time and expense.  To the extent possible, the Court prefers any citation to exhibits, cases, and docket entries to be hyperlinked.  

Please see http://www.ned.uscourts.gov/internetDocs/cmecf/hyperlinking_attorneys_word.pdf

for directions on how to include hyperlinks in filings. 

The court follows the Local Rule 16.1 for the form of pretrial orders. Filing dates not previously set in court may be obtained from the courtroom deputy. Motions in limine are due three weeks before trial or at the time of filing the final pretrial order, whichever is sooner.

The court follows the Local Rule 16.1 for the form of pretrial orders. Filing dates not previously set in court may be obtained from the courtroom deputy. Motions in limine are due three weeks before trial or at the time of filing the final pretrial order, whichever is sooner.

This Court strongly urges parties to exhaust settlement possibilities at the earliest practicable point in the litigation. Parties appearing before the Court should expect to be continually asked about the settlement status of the case and invited to attend settlement conferences with the Court. Parties who desire a settlement conference with the Court should request one in open court or by telephone from the courtroom deputy. Settlement conferences are held in chambers as specified in open court. In bench trials, settlement conferences are usually referred to another judge or magistrate.

Instructions for Settlement Conferences in cases assigned to Judge Virginia M. Kendall

This Court strongly urges parties to exhaust settlement possibilities at the earliest practicable point in the litigation. Parties appearing before the Court should expect to be continually asked about the settlement status of the case and invited to attend settlement conferences with the Court. Parties who desire a settlement conference with the Court should request one in open court or by telephone from the courtroom deputy. Settlement conferences are held in chambers as specified in open court. In bench trials, settlement conferences are usually referred to another judge or magistrate.

Instructions for Settlement Conferences in cases assigned to Judge Virginia M. Kendall

There is a presumption that the public will have access to all court filings. In light of this presumption, the court will not sign a protective order which allows counsel, in their absolute discretion, to decide which matters are to be deemed confidential and filed under seal. Rather, the parties should file a proposed order which specifies the categories of documents or other matters which may be subject to the order (e.g. trade secrets, medical records, personnel files) and the motion should set forth why a protective order is necessary as to each category. The court will then independently review the motion and determine if the order should be signed. The issuance of a protective order in light of this Standing Order will constitute the court's determination, as required by Rule 26(c), that good cause existed for such issuance. Issuance of any protective order will not, however, be given binding effect as a determination of good cause for Rule 26(c) purposes if at any future time either party moves for relief from the limitations of the protective order. At that time, this court will engage in an appropriate balancing of the interests between privacy and public access in order to make a new determination of good cause in light of the facts then before this court Jepson, Inc. v. Makita Elec. Works, Ltd., 30 F.3d 854, 858-59 (7th Cir. 1994).

There is a presumption that the public will have access to all court filings. In light of this presumption, the court will not sign a protective order which allows counsel, in their absolute discretion, to decide which matters are to be deemed confidential and filed under seal. Rather, the parties should file a proposed order which specifies the categories of documents or other matters which may be subject to the order (e.g. trade secrets, medical records, personnel files) and the motion should set forth why a protective order is necessary as to each category. The court will then independently review the motion and determine if the order should be signed. The issuance of a protective order in light of this Standing Order will constitute the court's determination, as required by Rule 26(c), that good cause existed for such issuance. Issuance of any protective order will not, however, be given binding effect as a determination of good cause for Rule 26(c) purposes if at any future time either party moves for relief from the limitations of the protective order. At that time, this court will engage in an appropriate balancing of the interests between privacy and public access in order to make a new determination of good cause in light of the facts then before this court Jepson, Inc. v. Makita Elec. Works, Ltd., 30 F.3d 854, 858-59 (7th Cir. 1994).

Starting August 15, 2022, the Court strongly encourages Parties to appear in person for Arraignments, Detention Hearings, Changes of Plea and Sentencing Hearings.

1. All arraignments/bonds/detention hearings will be set before Judge Kendall at which time the following schedule will be set :

2. Indicted criminal cases for which a prior detention hearing was held before a magistrate judge: Prior to the arraignment, the Government and the Pretrial Services Office shall provide the Court with a copy of the complaint, any prior pretrial service reports, and any bond documents that have previously been entered in the matter.

3. Counsel is requested to contact the courtroom deputy at least one day in advance of a change of plea hearing if the plea is not going forward . In addition, a draft copy of the proposed plea agreement should be delivered to the courtroom deputy, Room 2506-A, at least one day in advance of the date of the hearing.

Starting August 15, 2022, the Court strongly encourages Parties to appear in person for Arraignments, Detention Hearings, Changes of Plea and Sentencing Hearings.

1. All arraignments/bonds/detention hearings will be set before Judge Kendall at which time the following schedule will be set :

2. Indicted criminal cases for which a prior detention hearing was held before a magistrate judge: Prior to the arraignment, the Government and the Pretrial Services Office shall provide the Court with a copy of the complaint, any prior pretrial service reports, and any bond documents that have previously been entered in the matter.

3. Counsel is requested to contact the courtroom deputy at least one day in advance of a change of plea hearing if the plea is not going forward . In addition, a draft copy of the proposed plea agreement should be delivered to the courtroom deputy, Room 2506-A, at least one day in advance of the date of the hearing.

Briefs on appeal from the United States Bankruptcy Court must be filed within 15 days of the entry of judgment by the Bankruptcy Court. Any motions to extend time must be filed during the 15-day period. Briefs are limited to 15 pages each.

Briefs on appeal from the United States Bankruptcy Court must be filed within 15 days of the entry of judgment by the Bankruptcy Court. Any motions to extend time must be filed during the 15-day period. Briefs are limited to 15 pages each.

Too often litigants are unaware of the efficiencies and potential cost savings to be gained by having their cases tried before a United States Magistrate Judge. The Court strongly encourages counsel to inform their clients of this option, and to discuss it with opposing counsel.

Magistrate Judge Consent Form

Too often litigants are unaware of the efficiencies and potential cost savings to be gained by having their cases tried before a United States Magistrate Judge. The Court strongly encourages counsel to inform their clients of this option, and to discuss it with opposing counsel.

Magistrate Judge Consent Form

Proposed Orders are technically not to be "filed." Rather, they are to be "submitted" to the judge to consider, to modify, if appropriate, and to enter electronically. IF YOU ATTACH AN ORDER TO YOUR MOTION, DO NOT RESUBMIT IT TO THIS BOX.  For example, proposed orders such as stipulated protective orders require court approval before actually being given full effect. To prevent confusion, such proposed orders must be attached to an e-mail sent to the e-mail address of the assigned judge, Proposed_Order_Kendall@ilnd.uscourts.gov The subject line of the e-mail must include the case number and name, the docket number of the corresponding motion, if any, and the title of the order that is proposed. All such documents must be submitted to the court in Word or WordPerfect format. If you have any questions, feel free to call me at any time at ext. 5153.

Proposed Orders are technically not to be "filed." Rather, they are to be "submitted" to the judge to consider, to modify, if appropriate, and to enter electronically. IF YOU ATTACH AN ORDER TO YOUR MOTION, DO NOT RESUBMIT IT TO THIS BOX.  For example, proposed orders such as stipulated protective orders require court approval before actually being given full effect. To prevent confusion, such proposed orders must be attached to an e-mail sent to the e-mail address of the assigned judge, Proposed_Order_Kendall@ilnd.uscourts.gov The subject line of the e-mail must include the case number and name, the docket number of the corresponding motion, if any, and the title of the order that is proposed. All such documents must be submitted to the court in Word or WordPerfect format. If you have any questions, feel free to call me at any time at ext. 5153.

In criminal cases:

Two weeks prior to sentencing, the Government shall provide to the Defense and to the Court a list of Conditions of Supervised Release which it intends to seek at sentencing. The list shall include:

1) Mandatory conditions;

2) Discretionary conditions to promote respect for the law and deter the Defendant from committing future crimes;

3) Discretionary conditions to support needed medical, health or other care and reintegration into the community; and to ensure that the Defendant is engaged in lawful pursuits rather than criminal activity;

4) Discretionary conditions that ensure the Defendant is engaged in responsible fiscal behavior while on supervised release and consistent with the need to repay victims;

5) Discretionary conditions to ensure the safety of others.

Each condition shall be followed by a reference to the PSR, statute, regulation, trial, plea agreement, or other evidentiary material to support the provision. Any evidentiary materials that are not already part of the record, shall be made part of the record at the time of sentencing and shared with Defense prior to the sentencing hearing. The Government shall be prepared at sentencing to support each condition it seeks to have imposed by the Court. The Defense shall be prepared at the sentencing hearing to object to any condition with support. The Court will rule upon the conditions at the sentencing hearing and will use the list as a template in preparing the Final Judgment and Commitment Order. Both the Government and the Defense will be required to initial the final marked-up version of the list which will become part of the sentencing record and will be used to prepare the Final Judgment and Commitment Order.

The government shall provide a copy of the conditions of supervised release to defense counsel and electronically file a copy of the docket.

Examples:

• The defendant shall participate in an available program approved by the U.S. Probation Office for substance abuse, which program may include testing to determine whether the defendant has reverted to the use of drugs or alcohol. (See Pretrial Services Report 12/1/15 at p.3; PSR at pp. 8-9; trial testimony of Jim Smith).
• The defendant shall pay restitution to his victims. (See 18 U.S.C. 366A and 3664).

In criminal cases:

Two weeks prior to sentencing, the Government shall provide to the Defense and to the Court a list of Conditions of Supervised Release which it intends to seek at sentencing. The list shall include:

1) Mandatory conditions;

2) Discretionary conditions to promote respect for the law and deter the Defendant from committing future crimes;

3) Discretionary conditions to support needed medical, health or other care and reintegration into the community; and to ensure that the Defendant is engaged in lawful pursuits rather than criminal activity;

4) Discretionary conditions that ensure the Defendant is engaged in responsible fiscal behavior while on supervised release and consistent with the need to repay victims;

5) Discretionary conditions to ensure the safety of others.

Each condition shall be followed by a reference to the PSR, statute, regulation, trial, plea agreement, or other evidentiary material to support the provision. Any evidentiary materials that are not already part of the record, shall be made part of the record at the time of sentencing and shared with Defense prior to the sentencing hearing. The Government shall be prepared at sentencing to support each condition it seeks to have imposed by the Court. The Defense shall be prepared at the sentencing hearing to object to any condition with support. The Court will rule upon the conditions at the sentencing hearing and will use the list as a template in preparing the Final Judgment and Commitment Order. Both the Government and the Defense will be required to initial the final marked-up version of the list which will become part of the sentencing record and will be used to prepare the Final Judgment and Commitment Order.

The government shall provide a copy of the conditions of supervised release to defense counsel and electronically file a copy of the docket.

Examples:

• The defendant shall participate in an available program approved by the U.S. Probation Office for substance abuse, which program may include testing to determine whether the defendant has reverted to the use of drugs or alcohol. (See Pretrial Services Report 12/1/15 at p.3; PSR at pp. 8-9; trial testimony of Jim Smith).
• The defendant shall pay restitution to his victims. (See 18 U.S.C. 366A and 3664).

It is the responsibility of the parties to learn the electronic system and how to use it appropriately at trial BEFORE the first day of trial.  The parties shall make an appointment with the AV Technology Specialist by calling (312) 435-6045 or by email request in order to learn how to use the exhibit system.  The Court controls the publication of exhibits and therefore the Parties must request the Court to publish an exhibit.

It is the responsibility of the parties to learn the electronic system and how to use it appropriately at trial BEFORE the first day of trial.  The parties shall make an appointment with the AV Technology Specialist by calling (312) 435-6045 or by email request in order to learn how to use the exhibit system.  The Court controls the publication of exhibits and therefore the Parties must request the Court to publish an exhibit.

Judge Kendall employs the Seventh Circuit Jury Project proposals when possible and when agreed upon by the parties at the Final Pretrial Conference.  As such, the parties shall discuss with each other prior to the Final Pretrial Conference whether they agree to a 12 person civil jury, questions from jurors, interim opening statements, and presentation of any jury instructions in opening statement.  These proposals will be decided at the Final Pretrial Conference.

Final Pretrial Conference

The attorney(s) trying the case must be present for the Final Pretrial Conference.

Trial Schedule

Trial usually begins at 9:45 each day and ends at 5:00 p.m. Monday through Friday.  One fifteen minute break will occur mid-morning and one fifteen minute break will occur in the mid-afternoon.  There will be a one hour lunch break.  The Judge will inform the jury the night before if the start or end times must be altered due to the size to the morning motion call, judges meetings, or other matters.  In long trials extending over one month, the Court will provide the parties with a schedule of any days off for other court matters.  For long trials, the Court may hold jury trial for half days on Fridays or not at all in order to allow the opportunity for the Court to conduct other hearings for other matters.

Civil Trial Daily Status

Attorneys on trial before the Court will have their case called each morning of trial at 9:15 a.m. during the Judge’s morning status call.  The purpose of this status is to inform the Court of any issues that may have arisen over night and should be addressed outside of the presence of the jury.  If the parties have no issues for the day, they SHALL notify the Courtroom deputy who will then remove the trial from the status call and trial will begin promptly at the time stated by the Court and there will not be a break before bringing the jury into open court.

Jury Selection

Twelve jurors will be selected to sit on the jury.  Three pre-emptory challenges will be allotted per side unless the parties address the need for more during the Final Pretrial Conference.  Judge Kendall uses a standard voir dire that is modified by the parties with proposals tailored to their specific case issues.  

Prospective jurors will be called into the jury box for questioning in a random order and the random list will be provided to the parties.  Judge Kendall uses standard voir dire (modified by the parties at the Pretrial Conference) to begin the questioning.  After the initial questioning, Judge Kendall holds a side-bar conference for follow-up with any individual juror where follow-up may be necessary.  Motions to strike potential jurors for cause are made at the sidebar.  Attorneys are encouraged to question prospective jurors at the sidebar and are permitted to rehabilitate or explore answers made in open court.

Any request to research jurors through any means during the jury selection process must be raised prior to the selection process at the Final Pretrial conference.

Opening Statement

Unless both sides agree, no exhibits will be shown during opening statement.  If exhibits are agreed upon and non-argumentative, they may be used in opening statement.  Opening statement is not argument. 

Examination of Witnesses

A copy of the witness list shall be provided to the Court during the Pretrial Conference.  There is no need to ask the Court to approach a witness.  All exhibits shown to witnesses shall be announced on the record as “Agreed” if there is no dispute regarding the admissibility of the exhibit. In long trials, the Court may require the parties to estimate the number of hours for their witness examinations and may impose time limits.

Objections

Attorneys MUST STAND to make an objection.  No speaking objections are permitted.  The objection should precisely state the basis for the objection such as “Hearsay”  or “This goes to your pretrial ruling on this matter.”  Sidebars should be limited because all matters should have been addressed prior to the trial day or throughout the day at breaks.  However, the Court recognizes that trials are fluid and that issues may arise unexpectedly.  Sidebar requests should be limited to those unexpected situations.  No discovery objections may be made in front of the jury.

Jury Questions

If the parties and the Court agree that the jurors may ask questions, the jurors will be informed that they must write the question down, indicating their name, and hand the question to a member of the Court’s staff at a break.  The Court will read the question to the parties at the break and the parties and the Court will discuss the proper way to answer the question if at all.

Exhibits

The parties shall use the electronic evidence system for all paper exhibits and shall address the need to use any other format for paper exhibits with the Court at the Final Pretrial Conference.  It is the responsibility of the parties to learn the electronic system and how to use it appropriately at trial BEFORE the first day of trial.  The parties shall make an appointment with the AV Technology Specialist by calling (312) 435-6045 or by email request in order to learn how to use the exhibit system.  The Court controls the publication of exhibits and therefore the Parties must request the Court to publish an exhibit.

In the rare event that binders are necessary, they shall be tabbed and shall have a sticker on the spine that indicates the case name and number and the contents.

Any other hard copy exhibits shall be distributed to the jury by the Court’s staff or the Court security officer.  Copies of such exhibits should be provided to the Court Reporter, the Judge, and one extra for the Court’s clerks.

The Court requests an alphabetical or numerical exhibit list from each party.  A copy of all exhibits will be given to the Court reporter in order to maintain a complete and accurate record of the trial.

The Court is experimenting with a computer system that the jury will use to review exhibits during deliberations called the Jury Evidence Recording System (JERS).  When trial is completed the parties shall certify that the exhibits going to the jurors are the exhibits that were entered during the trial.  This certification is made immediately upon the jury being instructed and therefore the review of final exhibits must be made PRIOR to closing arguments.  The parties shall work with the Courtroom Deputy to prepare the final exhibits to be uploaded to the Jury Evidence Recording System (JERS).  

Closing Arguments

The parties are permitted to use the Court’s instructions in closing argument. The proper way to do so is to say, “Judge Kendall will instruct you that. . . .”  Time limits may be imposed on lawyers in certain cases but such time limits will be discussed prior to closing arguments.

Jury Instructions

The parties are to file three sets of instructions on the date given by the Court.  These instructions shall comprise:  1) one set of Plaintiffs instructions that are objected to by the Defendant;  2) one set by Defendant that is objected to by the Plaintiff; 3) one set of agreed instructions.  Sets one and two shall reference the opposing party’s proposed instruction if they are competing interpretations of the law.  The parties shall provide the Court with an electronic version of the sets of instructions by the Final Pretrial Conference by emailing them as a WORD format document to the Courtroom Deputy.  The Court will make rulings on instructions at the Final Pretrial Conference and throughout the course of the trial.

Deliberation

Jurors will deliberate Monday through Friday 9:00 a.m. to 5:00 p.m. unless otherwise stated for a specific reason.  For security reasons, deliberation past 6:00 pm. will only be permitted in rare circumstances.

The attorneys shall provide the Courtroom Deputy with mobile phone numbers and office numbers where they can be reached if a question is received from the jury.

Transcripts

Please contact Judge Kendall's Court Reporter, Gayle McGuigan, at least five (5) business days before the start of any proceeding for which you anticipate needing daily copy transcript and/or a realtime feed or rough-draft transcript so that these services can be scheduled.  A deposit may be required. 

Contact Gayle at Gayle_McGuigan@ilnd.uscourts.gov

Trial Team Staffing

The Court recognizes that the personal relationship between a client and an attorney is paramount in the trial process.  Recognizing this, to the extent possible, the Court encourages attorneys to consider how to mentor younger, less experienced attorneys by permitting them an opportunity to participate by examining a witness or making an oral argument.  The federal trial bar should represent the talents of all of its attorneys regardless of age, race or gender.

Judge Kendall employs the Seventh Circuit Jury Project proposals when possible and when agreed upon by the parties at the Final Pretrial Conference.  As such, the parties shall discuss with each other prior to the Final Pretrial Conference whether they agree to a 12 person civil jury, questions from jurors, interim opening statements, and presentation of any jury instructions in opening statement.  These proposals will be decided at the Final Pretrial Conference.

Final Pretrial Conference

The attorney(s) trying the case must be present for the Final Pretrial Conference.

Trial Schedule

Trial usually begins at 9:45 each day and ends at 5:00 p.m. Monday through Friday.  One fifteen minute break will occur mid-morning and one fifteen minute break will occur in the mid-afternoon.  There will be a one hour lunch break.  The Judge will inform the jury the night before if the start or end times must be altered due to the size to the morning motion call, judges meetings, or other matters.  In long trials extending over one month, the Court will provide the parties with a schedule of any days off for other court matters.  For long trials, the Court may hold jury trial for half days on Fridays or not at all in order to allow the opportunity for the Court to conduct other hearings for other matters.

Civil Trial Daily Status

Attorneys on trial before the Court will have their case called each morning of trial at 9:15 a.m. during the Judge’s morning status call.  The purpose of this status is to inform the Court of any issues that may have arisen over night and should be addressed outside of the presence of the jury.  If the parties have no issues for the day, they SHALL notify the Courtroom deputy who will then remove the trial from the status call and trial will begin promptly at the time stated by the Court and there will not be a break before bringing the jury into open court.

Jury Selection

Twelve jurors will be selected to sit on the jury.  Three pre-emptory challenges will be allotted per side unless the parties address the need for more during the Final Pretrial Conference.  Judge Kendall uses a standard voir dire that is modified by the parties with proposals tailored to their specific case issues.  

Prospective jurors will be called into the jury box for questioning in a random order and the random list will be provided to the parties.  Judge Kendall uses standard voir dire (modified by the parties at the Pretrial Conference) to begin the questioning.  After the initial questioning, Judge Kendall holds a side-bar conference for follow-up with any individual juror where follow-up may be necessary.  Motions to strike potential jurors for cause are made at the sidebar.  Attorneys are encouraged to question prospective jurors at the sidebar and are permitted to rehabilitate or explore answers made in open court.

Any request to research jurors through any means during the jury selection process must be raised prior to the selection process at the Final Pretrial conference.

Opening Statement

Unless both sides agree, no exhibits will be shown during opening statement.  If exhibits are agreed upon and non-argumentative, they may be used in opening statement.  Opening statement is not argument. 

Examination of Witnesses

A copy of the witness list shall be provided to the Court during the Pretrial Conference.  There is no need to ask the Court to approach a witness.  All exhibits shown to witnesses shall be announced on the record as “Agreed” if there is no dispute regarding the admissibility of the exhibit. In long trials, the Court may require the parties to estimate the number of hours for their witness examinations and may impose time limits.

Objections

Attorneys MUST STAND to make an objection.  No speaking objections are permitted.  The objection should precisely state the basis for the objection such as “Hearsay”  or “This goes to your pretrial ruling on this matter.”  Sidebars should be limited because all matters should have been addressed prior to the trial day or throughout the day at breaks.  However, the Court recognizes that trials are fluid and that issues may arise unexpectedly.  Sidebar requests should be limited to those unexpected situations.  No discovery objections may be made in front of the jury.

Jury Questions

If the parties and the Court agree that the jurors may ask questions, the jurors will be informed that they must write the question down, indicating their name, and hand the question to a member of the Court’s staff at a break.  The Court will read the question to the parties at the break and the parties and the Court will discuss the proper way to answer the question if at all.

Exhibits

The parties shall use the electronic evidence system for all paper exhibits and shall address the need to use any other format for paper exhibits with the Court at the Final Pretrial Conference.  It is the responsibility of the parties to learn the electronic system and how to use it appropriately at trial BEFORE the first day of trial.  The parties shall make an appointment with the AV Technology Specialist by calling (312) 435-6045 or by email request in order to learn how to use the exhibit system.  The Court controls the publication of exhibits and therefore the Parties must request the Court to publish an exhibit.

In the rare event that binders are necessary, they shall be tabbed and shall have a sticker on the spine that indicates the case name and number and the contents.

Any other hard copy exhibits shall be distributed to the jury by the Court’s staff or the Court security officer.  Copies of such exhibits should be provided to the Court Reporter, the Judge, and one extra for the Court’s clerks.

The Court requests an alphabetical or numerical exhibit list from each party.  A copy of all exhibits will be given to the Court reporter in order to maintain a complete and accurate record of the trial.

The Court is experimenting with a computer system that the jury will use to review exhibits during deliberations called the Jury Evidence Recording System (JERS).  When trial is completed the parties shall certify that the exhibits going to the jurors are the exhibits that were entered during the trial.  This certification is made immediately upon the jury being instructed and therefore the review of final exhibits must be made PRIOR to closing arguments.  The parties shall work with the Courtroom Deputy to prepare the final exhibits to be uploaded to the Jury Evidence Recording System (JERS).  

Closing Arguments

The parties are permitted to use the Court’s instructions in closing argument. The proper way to do so is to say, “Judge Kendall will instruct you that. . . .”  Time limits may be imposed on lawyers in certain cases but such time limits will be discussed prior to closing arguments.

Jury Instructions

The parties are to file three sets of instructions on the date given by the Court.  These instructions shall comprise:  1) one set of Plaintiffs instructions that are objected to by the Defendant;  2) one set by Defendant that is objected to by the Plaintiff; 3) one set of agreed instructions.  Sets one and two shall reference the opposing party’s proposed instruction if they are competing interpretations of the law.  The parties shall provide the Court with an electronic version of the sets of instructions by the Final Pretrial Conference by emailing them as a WORD format document to the Courtroom Deputy.  The Court will make rulings on instructions at the Final Pretrial Conference and throughout the course of the trial.

Deliberation

Jurors will deliberate Monday through Friday 9:00 a.m. to 5:00 p.m. unless otherwise stated for a specific reason.  For security reasons, deliberation past 6:00 pm. will only be permitted in rare circumstances.

The attorneys shall provide the Courtroom Deputy with mobile phone numbers and office numbers where they can be reached if a question is received from the jury.

Transcripts

Please contact Judge Kendall's Court Reporter, Gayle McGuigan, at least five (5) business days before the start of any proceeding for which you anticipate needing daily copy transcript and/or a realtime feed or rough-draft transcript so that these services can be scheduled.  A deposit may be required. 

Contact Gayle at Gayle_McGuigan@ilnd.uscourts.gov

Trial Team Staffing

The Court recognizes that the personal relationship between a client and an attorney is paramount in the trial process.  Recognizing this, to the extent possible, the Court encourages attorneys to consider how to mentor younger, less experienced attorneys by permitting them an opportunity to participate by examining a witness or making an oral argument.  The federal trial bar should represent the talents of all of its attorneys regardless of age, race or gender.

Final Pretrial Conference

The attorney(s) trying the case must be present for the Final Pretrial Conference.

Trial Schedule

Trial usually begins at 9:45 each day and ends at 5:00 p.m.  Monday through Friday.  One fifteen minute break will occur mid-morning and one fifteen minute break will occur in the mid-afternoon.  There will be a one hour lunch break.  The Judge will inform the jury the night before if the start or end times must be altered due to the size to the morning motion call, judges meetings, or other matters.  In long trials extending over one month, the Court will provide the parties with a schedule of any days off for other court matters.  For long trials, the Court may hold jury trial for half days on Fridays for not at all in order to allow the opportunity for the Court to conduct other hearings for other matters.

Criminal Trial Daily Status

Attorneys on trial before the Court will have their case called each morning of trial at 9:15 a.m. during the Judge’s morning status call.  The purpose of this status is to inform the Court of any issues that may have arisen over night and should be addressed outside of the presence of the jury.  If the parties have no issues for the day, they SHALL notify the Courtroom deputy who will then remove the trial from the status call and trial will begin promptly at the time stated by the Court and there will not be a break before bringing the jury into open court.

Jury Selection

Twelve jurors will be selected to sit on the jury.  Ten pre-emptory challenges will be allotted to the Defense and six to the Government unless the parties address the need for more during the Final Pretrial Conference.  Judge Kendall uses a standard voir dire that is modified by the parties with proposals tailored to their specific case issues.    

Prospective jurors will be called into the jury box for questioning in a random order and the random list will be provided to the parties.  Judge Kendall uses standard voir dire (modified by the parties at the Pretrial Conference) to begin the questioning.  After the initial questioning, Judge Kendall holds a side-bar conference for follow-up with any individual juror where follow-up may be necessary.  Motions to strike potential jurors for cause are made at the sidebar.  Attorneys are encouraged to question prospective jurors at the sidebar and are permitted to rehabilitate or explore answers made in open court.

After the initial twelve jurors are selected, the Court will conduct voir dire in the same manner for alternates.  The number of alternates and strikes for alternates will be discussed at the Final Pretrial Conference. 

Any request to research jurors through any means during the jury selection process must be raised prior to the selection process at the Final Pretrial conference.

Opening Statement

Unless both sides agree, no exhibits will be shown during opening statement.   If exhibits are agreed upon and non-argumentative, they may be used in opening statement.  Opening statement is not argument. 

Examination of Witnesses

A copy of the witness list shall be provided to the Court during the Pretrial Conference.  There is no need to ask the Court to approach a witness.  All exhibits shown to witnesses shall be announced on the record as “Agreed” if there is no dispute regarding the admissibility of the exhibit.  In long trials, the Court may require the parties to estimate the number of hours for their witness examinations and may impose time limits.

Objections

Attorneys MUST STAND to make an objection.  No speaking objections are permitted.  The objection should precisely state the basis for the objection such as “Hearsay”  or “This goes to your pretrial ruling on this matter.”  Sidebars should be limited because all matters should have been addressed prior to the trial day or throughout the day at breaks.  However, the Court recognizes that trials are fluid and that issues may arise unexpectedly.  Sidebar requests should be limited to those unexpected situations.  No discovery objections may be made in front of the jury.

Exhibits

The parties shall use the electronic evidence system for all paper exhibits and shall address the need to use any other format for paper exhibits with the Court at the Final Pretrial Conference.  It is the responsibility of the parties to learn the electronic system and how to use it appropriately at trial BEFORE the first day of trial.  The parties shall make an appointment with the AV Technology Specialist by calling (312) 435-6045 or by email request in order to learn how to use the exhibit system.  The Court controls the publication of exhibits and therefore the Parties must request the Court to publish an exhibit.

In the rare event that binders are necessary, they shall be tabbed and shall have a sticker on the spine that indicates the case name and number and the contents.

Any other hard copy exhibits shall be distributed to the jury by the Court’s staff or the Court security officer.  Copies of such exhibits should be provided to the Court Reporter, the Judge, and one extra for the Court’s clerks.

The Court requests an alphabetical or numerical exhibit list from each party.  A copy of all exhibits will be given to the Court reporter in order to maintain a complete and accurate record of the trial.

The Court is experimenting with a computer system that the jury will use to review exhibits during deliberations called the Jury Evidence Recording System (JERS).  When trial is completed the parties shall certify that the exhibits going to the jurors are the exhibits that were entered during the trial.  This certification is made immediately upon the jury being instructed and therefore the review of final exhibits must be made PRIOR to closing arguments.  The parties shall work with the Courtroom Deputy to prepare the final exhibits to be uploaded to the Jury Evidence Recording System (JERS).  

Closing Arguments

The parties are permitted to use the Court’s instructions in closing argument. The proper way to do so is to  say, “Judge Kendall will instruct you that. . . .”  Time limits may be imposed on lawyers in certain cases but such time limits will be discussed prior to closing arguments.

Jury Instructions

The parties are to file three sets of instructions on the date given by the Court.  These instructions shall comprise:  1) one set of Plaintiffs instructions that are objected to by the Defendant;  2) one set by Defendant that is objected to by the Plaintiff; 3) one set of agreed instructions.  Sets one and two shall reference the opposing party’s proposed instruction if they are competing interpretations of the law.  The parties shall provide the Court with an electronic version of the sets of instructions by the Final Pretrial Conference by emailing them in WORD format to the Courtroom Deputy.  The Court will make rulings on instructions at the Final Pretrial Conference and throughout the course of the trial.

Deliberation

Jurors will deliberate Monday through Friday 9:00 a.m. to 5:00 p.m. unless otherwise stated for a specific reason.  For security reasons, deliberation past 6:00 pm. will only be permitted in rare circumstances.

The attorneys shall provide the Courtroom Deputy with mobile phone numbers and office numbers where they can be reached if a question is received from the jury.

Transcripts

Please contact Judge Kendall's Court Reporter, Gayle McGuigan, at least five (5) business days before the start of any proceeding for which you anticipate needing daily copy transcript and/or a realtime feed or rough-draft transcript so that these services can be scheduled.  A deposit may be required. 

Contact Gayle at Gayle_McGuigan@ilnd.uscourts.gov

Final Pretrial Conference

The attorney(s) trying the case must be present for the Final Pretrial Conference.

Trial Schedule

Trial usually begins at 9:45 each day and ends at 5:00 p.m.  Monday through Friday.  One fifteen minute break will occur mid-morning and one fifteen minute break will occur in the mid-afternoon.  There will be a one hour lunch break.  The Judge will inform the jury the night before if the start or end times must be altered due to the size to the morning motion call, judges meetings, or other matters.  In long trials extending over one month, the Court will provide the parties with a schedule of any days off for other court matters.  For long trials, the Court may hold jury trial for half days on Fridays for not at all in order to allow the opportunity for the Court to conduct other hearings for other matters.

Criminal Trial Daily Status

Attorneys on trial before the Court will have their case called each morning of trial at 9:15 a.m. during the Judge’s morning status call.  The purpose of this status is to inform the Court of any issues that may have arisen over night and should be addressed outside of the presence of the jury.  If the parties have no issues for the day, they SHALL notify the Courtroom deputy who will then remove the trial from the status call and trial will begin promptly at the time stated by the Court and there will not be a break before bringing the jury into open court.

Jury Selection

Twelve jurors will be selected to sit on the jury.  Ten pre-emptory challenges will be allotted to the Defense and six to the Government unless the parties address the need for more during the Final Pretrial Conference.  Judge Kendall uses a standard voir dire that is modified by the parties with proposals tailored to their specific case issues.    

Prospective jurors will be called into the jury box for questioning in a random order and the random list will be provided to the parties.  Judge Kendall uses standard voir dire (modified by the parties at the Pretrial Conference) to begin the questioning.  After the initial questioning, Judge Kendall holds a side-bar conference for follow-up with any individual juror where follow-up may be necessary.  Motions to strike potential jurors for cause are made at the sidebar.  Attorneys are encouraged to question prospective jurors at the sidebar and are permitted to rehabilitate or explore answers made in open court.

After the initial twelve jurors are selected, the Court will conduct voir dire in the same manner for alternates.  The number of alternates and strikes for alternates will be discussed at the Final Pretrial Conference. 

Any request to research jurors through any means during the jury selection process must be raised prior to the selection process at the Final Pretrial conference.

Opening Statement

Unless both sides agree, no exhibits will be shown during opening statement.   If exhibits are agreed upon and non-argumentative, they may be used in opening statement.  Opening statement is not argument. 

Examination of Witnesses

A copy of the witness list shall be provided to the Court during the Pretrial Conference.  There is no need to ask the Court to approach a witness.  All exhibits shown to witnesses shall be announced on the record as “Agreed” if there is no dispute regarding the admissibility of the exhibit.  In long trials, the Court may require the parties to estimate the number of hours for their witness examinations and may impose time limits.

Objections

Attorneys MUST STAND to make an objection.  No speaking objections are permitted.  The objection should precisely state the basis for the objection such as “Hearsay”  or “This goes to your pretrial ruling on this matter.”  Sidebars should be limited because all matters should have been addressed prior to the trial day or throughout the day at breaks.  However, the Court recognizes that trials are fluid and that issues may arise unexpectedly.  Sidebar requests should be limited to those unexpected situations.  No discovery objections may be made in front of the jury.

Exhibits

The parties shall use the electronic evidence system for all paper exhibits and shall address the need to use any other format for paper exhibits with the Court at the Final Pretrial Conference.  It is the responsibility of the parties to learn the electronic system and how to use it appropriately at trial BEFORE the first day of trial.  The parties shall make an appointment with the AV Technology Specialist by calling (312) 435-6045 or by email request in order to learn how to use the exhibit system.  The Court controls the publication of exhibits and therefore the Parties must request the Court to publish an exhibit.

In the rare event that binders are necessary, they shall be tabbed and shall have a sticker on the spine that indicates the case name and number and the contents.

Any other hard copy exhibits shall be distributed to the jury by the Court’s staff or the Court security officer.  Copies of such exhibits should be provided to the Court Reporter, the Judge, and one extra for the Court’s clerks.

The Court requests an alphabetical or numerical exhibit list from each party.  A copy of all exhibits will be given to the Court reporter in order to maintain a complete and accurate record of the trial.

The Court is experimenting with a computer system that the jury will use to review exhibits during deliberations called the Jury Evidence Recording System (JERS).  When trial is completed the parties shall certify that the exhibits going to the jurors are the exhibits that were entered during the trial.  This certification is made immediately upon the jury being instructed and therefore the review of final exhibits must be made PRIOR to closing arguments.  The parties shall work with the Courtroom Deputy to prepare the final exhibits to be uploaded to the Jury Evidence Recording System (JERS).  

Closing Arguments

The parties are permitted to use the Court’s instructions in closing argument. The proper way to do so is to  say, “Judge Kendall will instruct you that. . . .”  Time limits may be imposed on lawyers in certain cases but such time limits will be discussed prior to closing arguments.

Jury Instructions

The parties are to file three sets of instructions on the date given by the Court.  These instructions shall comprise:  1) one set of Plaintiffs instructions that are objected to by the Defendant;  2) one set by Defendant that is objected to by the Plaintiff; 3) one set of agreed instructions.  Sets one and two shall reference the opposing party’s proposed instruction if they are competing interpretations of the law.  The parties shall provide the Court with an electronic version of the sets of instructions by the Final Pretrial Conference by emailing them in WORD format to the Courtroom Deputy.  The Court will make rulings on instructions at the Final Pretrial Conference and throughout the course of the trial.

Deliberation

Jurors will deliberate Monday through Friday 9:00 a.m. to 5:00 p.m. unless otherwise stated for a specific reason.  For security reasons, deliberation past 6:00 pm. will only be permitted in rare circumstances.

The attorneys shall provide the Courtroom Deputy with mobile phone numbers and office numbers where they can be reached if a question is received from the jury.

Transcripts

Please contact Judge Kendall's Court Reporter, Gayle McGuigan, at least five (5) business days before the start of any proceeding for which you anticipate needing daily copy transcript and/or a realtime feed or rough-draft transcript so that these services can be scheduled.  A deposit may be required. 

Contact Gayle at Gayle_McGuigan@ilnd.uscourts.gov

Pursuant to Local Rule 16.4, Plaintiff's brief in support of reversing and remanding the decision subject to review is due 60 days after the administrative record is filed. The Commissioner's motion to affirm the decision and brief in support thereof are due 45 days after Plaintiff's brief is filed. Plaintiff's reply brief, if any, is due 14 days after the Commissioner's brief is filed.

Parties are encouraged to consent to proceed before a Magistrate Judge to receive expeditious ruling on the matter due to the significant caseload of the District Court. Parties are to meet and confer within 14 days of the appeal's filing to discuss whether they jointly consent to proceed before the Magistrate Judge.

Pursuant to Local Rule 16.4, Plaintiff's brief in support of reversing and remanding the decision subject to review is due 60 days after the administrative record is filed. The Commissioner's motion to affirm the decision and brief in support thereof are due 45 days after Plaintiff's brief is filed. Plaintiff's reply brief, if any, is due 14 days after the Commissioner's brief is filed.

Parties are encouraged to consent to proceed before a Magistrate Judge to receive expeditious ruling on the matter due to the significant caseload of the District Court. Parties are to meet and confer within 14 days of the appeal's filing to discuss whether they jointly consent to proceed before the Magistrate Judge.

The End-of-Fact-Discovery Status Hearing is a substantive hearing. The parties should be prepared to report to the Court: (1) whether expert discovery is necessary; (2) whether dispositive motions will be filed; and (3) when they will be available to try the case.

The expert discovery discussion will not be perfunctory. The Court will ask questions that the parties should be ready to answer regarding the issues any experts will testify to, what qualifies them as experts to opine on such issues, and specifically, whether the expert's opinion is essential to the Court's summary judgment review or whether the opinion goes solely to damages. The Court will also inquire as to the amount of time the parties will need to file their expert reports and take their depositions.

As a general matter, the Court does not stay or extend discovery so parties may engage in settlement negotiations. The two tracks are parallel and the Court expects the parties to simultaneously litigate and negotiate.

The End-of-Fact-Discovery Status Hearing is a substantive hearing. The parties should be prepared to report to the Court: (1) whether expert discovery is necessary; (2) whether dispositive motions will be filed; and (3) when they will be available to try the case.

The expert discovery discussion will not be perfunctory. The Court will ask questions that the parties should be ready to answer regarding the issues any experts will testify to, what qualifies them as experts to opine on such issues, and specifically, whether the expert's opinion is essential to the Court's summary judgment review or whether the opinion goes solely to damages. The Court will also inquire as to the amount of time the parties will need to file their expert reports and take their depositions.

As a general matter, the Court does not stay or extend discovery so parties may engage in settlement negotiations. The two tracks are parallel and the Court expects the parties to simultaneously litigate and negotiate.