Motion Call: In-court motion hearings have been suspended by General Order 20-0012, as amended. Motions are not to be noticed for presentment in court. If a hearing is required on a motion, the court will set it, and it will be conducted by telephone or video conference. In-person hearings are limited to matters that, by law, must be conducted in person.

Status Call: In-court status hearings have been suspended by General Order 20-0012, as amended. Status hearings will be conducted by telephone conference.

Motion Call: In-court motion hearings have been suspended by General Order 20-0012, as amended. Motions are not to be noticed for presentment in court. If a hearing is required on a motion, the court will set it, and it will be conducted by telephone or video conference. In-person hearings are limited to matters that, by law, must be conducted in person.

Status Call: In-court status hearings have been suspended by General Order 20-0012, as amended. Status hearings will be conducted by telephone conference.

Judge Kennelly will set all newly-filed cases for an initial case management conference pursuant to Federal Rule of Civil Procedure 16(b) approximately 60 days of the filing of the complaint. At the initial conference, the parties should be prepared to discuss the nature of the case, report on the possibility of settlement, and discuss the nature and length of discovery necessary to prepare the case for trial. A discovery cut-off date may be set at the initial conference.

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

Judge Kennelly will set all newly-filed cases for an initial case management conference pursuant to Federal Rule of Civil Procedure 16(b) approximately 60 days of the filing of the complaint. At the initial conference, the parties should be prepared to discuss the nature of the case, report on the possibility of settlement, and discuss the nature and length of discovery necessary to prepare the case for trial. A discovery cut-off date may be set at the initial conference.

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

In-court motion hearings have been suspended by General Order 20-0012, as amended. Motions are not to be noticed for presentment in court. If a hearing is required on a motion, the court will set it, and it will be conducted by telephone or video conference. In-person hearings are limited to matters that, by law, must be conducted in person.

Joint, uncontested, and agreed motions should be so identified in the title and the body of a motion.

If a motion has not been addressed by either a ruling or the setting of a briefing schedule within a reasonable time after filing of the motion, counsel may call Judge Kennelly's courtroom deputy clerk to inquire.

Under General Order 20-0012, as amended, courtesy copies need not be submitted. If a courtesy copy is needed, such as for a very large filing, Judge Kennelly's chambers will contact counsel to request one. If a courtesy copy is requested, it should be spiral bound on the side, and any exhibits should be tabbed.

In-court motion hearings have been suspended by General Order 20-0012, as amended. Motions are not to be noticed for presentment in court. If a hearing is required on a motion, the court will set it, and it will be conducted by telephone or video conference. In-person hearings are limited to matters that, by law, must be conducted in person.

Joint, uncontested, and agreed motions should be so identified in the title and the body of a motion.

If a motion has not been addressed by either a ruling or the setting of a briefing schedule within a reasonable time after filing of the motion, counsel may call Judge Kennelly's courtroom deputy clerk to inquire.

Under General Order 20-0012, as amended, courtesy copies need not be submitted. If a courtesy copy is needed, such as for a very large filing, Judge Kennelly's chambers will contact counsel to request one. If a courtesy copy is requested, it should be spiral bound on the side, and any exhibits should be tabbed.

Judge Kennelly believes that parties can and should work out most discovery disputes and thus discourages the filing of discovery motions. Judge Kennelly 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 ordinarily will not be sufficient to comply with Local Rule 37.2.

Judge Kennelly will only rarely set briefing schedules on discovery motions. His more common practice is to address the motion at an upcoming status hearing or separately set it for a hearing, at which all parties should be fully prepared to argue the motion. If a briefing schedule is set on a discovery motion, it typically will be expedited so that the motion can be resolved promptly.

Parties are reminded that there is no "sequence" 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.

The pendency of a motion, such as a motion to dismiss, does not operate as a stay of discovery. Discovery is not stayed unless the court orders it to be stayed.

Judge Kennelly believes that parties can and should work out most discovery disputes and thus discourages the filing of discovery motions. Judge Kennelly 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 ordinarily will not be sufficient to comply with Local Rule 37.2.

Judge Kennelly will only rarely set briefing schedules on discovery motions. His more common practice is to address the motion at an upcoming status hearing or separately set it for a hearing, at which all parties should be fully prepared to argue the motion. If a briefing schedule is set on a discovery motion, it typically will be expedited so that the motion can be resolved promptly.

Parties are reminded that there is no "sequence" 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.

The pendency of a motion, such as a motion to dismiss, does not operate as a stay of discovery. Discovery is not stayed unless the court orders it to be stayed.

For most motions, a separate draft order is not needed, and a minute entry by the clerk will suffice. In cases in which a written order is needed, rather than or in addition to a minute entry, Judge Kennelly requests that the draft order be submitted electronically to his proposed order e-mail address. Some examples of situations where a written order should be submitted are: protective orders; HIPAA confidentiality orders; temporary restraining orders; preliminary injunctions; orders of default that require the defaulting party to take specific action; orders preliminarily or finally approving class action or collective action settlements; etc. These can and should be submitted at the time the motion is filed. Situations where a written order should not be submitted, unless specifically requested by the court, are: extensions of time; expansions of page limits; motions to compel or prevent discovery; adding or withdrawing appearances of counsel; etc.

When a draft order is submitted, it is to be attached to an e-mail sent to the following e-mail address: Proposed_Order_Kennelly@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 as indicated on the Notice of Electronic Filing (NEF). All such documents must be submitted in Microsoft Word format. All other parties to the case must be copied on the email.

For most motions, a separate draft order is not needed, and a minute entry by the clerk will suffice. In cases in which a written order is needed, rather than or in addition to a minute entry, Judge Kennelly requests that the draft order be submitted electronically to his proposed order e-mail address. Some examples of situations where a written order should be submitted are: protective orders; HIPAA confidentiality orders; temporary restraining orders; preliminary injunctions; orders of default that require the defaulting party to take specific action; orders preliminarily or finally approving class action or collective action settlements; etc. These can and should be submitted at the time the motion is filed. Situations where a written order should not be submitted, unless specifically requested by the court, are: extensions of time; expansions of page limits; motions to compel or prevent discovery; adding or withdrawing appearances of counsel; etc.

When a draft order is submitted, it is to be attached to an e-mail sent to the following e-mail address: Proposed_Order_Kennelly@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 as indicated on the Notice of Electronic Filing (NEF). All such documents must be submitted in Microsoft Word format. All other parties to the case must be copied on the email.

Any party moving for entry of a protective order by Judge Kennelly pursuant to Federal Rule of Civil Procedure 26(c) must abide by the following guidelines.

Judge Kennelly will not sign a protective order that allows counsel, in their discretion, to decide which matters are to be deemed confidential. The proposed order must specify the categories of documents or other matters which may be subject to the order (e.g., personnel files, medical information, confidential financial matters, etc.). The motion for protective order must set forth why confidentiality is necessary as to each such category.

Judge Kennelly will not sign a protective order that provides that items designated by a party as confidential may, for that reason, be filed with the court under seal. Rather, any protective order that contemplates under-seal filing must provide that no documents may be filed under seal absent a motion, filed and noticed for hearing prior to the due date of the particular filing, showing good cause for sealing a portion of the record in the case. The mere fact that information has been designated as confidential by a party is insufficient to permit under-seal filing. A party seeking to file material under seal must set forth in its motion the reasons why the record should be sealed.

Issuance of a protective order will not be given binding effect as a determination of good cause for Rule 26(c) purposes if, at any future time, a party moves for relief from the protective order's limitations. If such a motion is made, the court will engage in an appropriate balancing of the interests between privacy and public access to make a new determination of good cause in light of the facts then before the court.

In any case in which Judge Kennelly permits filing under seal, an unredacted version of the entire filing, including all exhibits, must be filed under seal, and a redacted version that omits the sealed portions must be filed in the public record.

Any party moving for entry of a protective order by Judge Kennelly pursuant to Federal Rule of Civil Procedure 26(c) must abide by the following guidelines.

Judge Kennelly will not sign a protective order that allows counsel, in their discretion, to decide which matters are to be deemed confidential. The proposed order must specify the categories of documents or other matters which may be subject to the order (e.g., personnel files, medical information, confidential financial matters, etc.). The motion for protective order must set forth why confidentiality is necessary as to each such category.

Judge Kennelly will not sign a protective order that provides that items designated by a party as confidential may, for that reason, be filed with the court under seal. Rather, any protective order that contemplates under-seal filing must provide that no documents may be filed under seal absent a motion, filed and noticed for hearing prior to the due date of the particular filing, showing good cause for sealing a portion of the record in the case. The mere fact that information has been designated as confidential by a party is insufficient to permit under-seal filing. A party seeking to file material under seal must set forth in its motion the reasons why the record should be sealed.

Issuance of a protective order will not be given binding effect as a determination of good cause for Rule 26(c) purposes if, at any future time, a party moves for relief from the protective order's limitations. If such a motion is made, the court will engage in an appropriate balancing of the interests between privacy and public access to make a new determination of good cause in light of the facts then before the court.

In any case in which Judge Kennelly permits filing under seal, an unredacted version of the entire filing, including all exhibits, must be filed under seal, and a redacted version that omits the sealed portions must be filed in the public record.

Judge Kennelly typically selects twelve jurors in civil cases. However, as a result of space limitations resulting from the coronavirus pandemic, civil juries will be limited to eight jurors until further notice.

Judge Kennelly's Jury Selection Procedure

Judge Kennelly typically selects twelve jurors in civil cases. However, as a result of space limitations resulting from the coronavirus pandemic, civil juries will be limited to eight jurors until further notice.

Judge Kennelly's Jury Selection Procedure