Until further notice, consistent with Fifth Amended General Order 20-0012, litigants are neither required nor permitted to notice motions for in-person presentment. Motions shall be filed on the docket and must indicate whether they are agreed or opposed. If the motion is opposed, the movant shall confer with the non-movant and submit a joint proposed briefing schedule in the motion or by email to proposed_order_pacold@ilnd.uscourts.gov. After reviewing the motion, the court will enter a briefing schedule or ruling on the docket. If the court determines that a hearing or argument is necessary, the court will schedule a hearing. Status hearings may be conducted by way of written status reports or telephone appearances, as directed by the court.
CRIMINAL CASES: Counsel must provide courtesy copies of any ex parte sealed motions to the courtroom deputy in room 2332A, no later than 24 hours after filing such motions.
This Standing Order applies to all civil cases reassigned to the calendar of District Judge Martha Pacold. All previously-set status or motion hearing dates are vacated. Any trials set for August 29, 2019 through October 18, 2019 are cancelled and will be re-set by the Court. Unless otherwise ordered, all previously-set discovery, briefing schedules and deadlines remain intact. A reassignment status conference date will be set by the Court. Already-pending motions will be addressed at the reassignment status. The parties are directed not to notice or re-notice any motions, with the exception of emergency motions, prior to appearing at the reassignment conference. For all emergency motions arising prior to September 9th should be noticed before the emergency judge. For all emergency motions arising after September 9th, the parties are directed to contact chambers at (312) 435-5814 (this number is subject to change). Emergency matters must be of such a nature that a delay in hearing them would cause serious and irreparable harm to one or more of the parties to the proceeding.
To help the Court learn about the case, at least 5 business days before the reassignment status conference, counsel are to confer, prepare, and file a joint status report, not to exceed five pages. If defense counsel has not yet filed an appearance, the status report should be prepared by plaintiff’s counsel.
This Standing Order applies to all civil cases reassigned to the calendar of District Judge Martha Pacold. All previously-set status or motion hearing dates are vacated. Any trials set for August 29, 2019 through October 18, 2019 are cancelled and will be re-set by the Court. Unless otherwise ordered, all previously-set discovery, briefing schedules and deadlines remain intact. A reassignment status conference date will be set by the Court. Already-pending motions will be addressed at the reassignment status. The parties are directed not to notice or re-notice any motions, with the exception of emergency motions, prior to appearing at the reassignment conference. For all emergency motions arising prior to September 9th should be noticed before the emergency judge. For all emergency motions arising after September 9th, the parties are directed to contact chambers at (312) 435-5814 (this number is subject to change). Emergency matters must be of such a nature that a delay in hearing them would cause serious and irreparable harm to one or more of the parties to the proceeding.
To help the Court learn about the case, at least 5 business days before the reassignment status conference, counsel are to confer, prepare, and file a joint status report, not to exceed five pages. If defense counsel has not yet filed an appearance, the status report should be prepared by plaintiff’s counsel.
NON-PATENT CASES
Per Local Rule 26.1, the initial status hearing shall serve as the scheduling conference referred to in Fed. R. Civ. P. 26(f). The parties must confer at least 21 days in advance of the initial hearing/scheduling conference, as required by Fed. R. Civ. P. 26(f), but need not present a written report outlining the discovery plan at the initial hearing. At least 7 days prior to the initial status hearing, the parties must file a joint Initial Status Report, in the format and including the information required by the template at the link below.
NON-PATENT CASES
Per Local Rule 26.1, the initial status hearing shall serve as the scheduling conference referred to in Fed. R. Civ. P. 26(f). The parties must confer at least 21 days in advance of the initial hearing/scheduling conference, as required by Fed. R. Civ. P. 26(f), but need not present a written report outlining the discovery plan at the initial hearing. At least 7 days prior to the initial status hearing, the parties must file a joint Initial Status Report, in the format and including the information required by the template at the link below.
Electronic Filing
The Court strongly encourages counsel to convert any word-processed document into a .pdf document by printing or publishing to .pdf, rather than manually scanning a paper copy into .pdf. The former method of conversion generates searchable optical character recognition (OCR) text; the latter does not.
Extensions of Time
A party seeking an extension of time must contact all other parties in the case to determine whether they object to the extension. Any motion for extension of time should indicate whether it is the first or subsequent extension request, shall include the reasons for the request, any previous relief granted and whether any other party objects to the extension.
Schedule
All motions must be filed no later than the third business day before the day the motion is to be heard. Motions must be noticed for a date certain and normally may be presented on Tuesdays, Wednesdays and Thursdays, at 9:30 a.m. Judge Pacold's main web page lists any dates on which she will not be available to hear motions.
Unopposed Motions
Joint, uncontested, and agreed motions must be so identified in the title and body of the motion. Unless the Court has told a party it need not appear, counsel for all parties to which the motion is directed are expected to be present whether or not the motion is opposed. If an appearance is not required, counsel for the movant is directed to notify the respondent(s) accordingly.
Electronic Filing
The Court strongly encourages counsel to convert any word-processed document into a .pdf document by printing or publishing to .pdf, rather than manually scanning a paper copy into .pdf. The former method of conversion generates searchable optical character recognition (OCR) text; the latter does not.
Extensions of Time
A party seeking an extension of time must contact all other parties in the case to determine whether they object to the extension. Any motion for extension of time should indicate whether it is the first or subsequent extension request, shall include the reasons for the request, any previous relief granted and whether any other party objects to the extension.
Schedule
All motions must be filed no later than the third business day before the day the motion is to be heard. Motions must be noticed for a date certain and normally may be presented on Tuesdays, Wednesdays and Thursdays, at 9:30 a.m. Judge Pacold's main web page lists any dates on which she will not be available to hear motions.
Unopposed Motions
Joint, uncontested, and agreed motions must be so identified in the title and body of the motion. Unless the Court has told a party it need not appear, counsel for all parties to which the motion is directed are expected to be present whether or not the motion is opposed. If an appearance is not required, counsel for the movant is directed to notify the respondent(s) accordingly.
Local Patent Rules
LPR Appendix A
LPR Appendix B
Estimated Patent Case Schedule
Local Patent Rules
LPR Appendix A
LPR Appendix B
Estimated Patent Case Schedule
The requirements for the Initial Reassignment Status Report are provided at the link below.
Initial Reassignment Status Report
The requirements for the Initial Reassignment Status Report are provided at the link below.
The Court urges parties to undertake settlement negotiations at the earliest practicable point in the litigation. Parties who desire a settlement conference should request one in open court or by telephone call to the courtroom deputy. Settlement conferences usually will be referred to the assigned Magistrate Judge.
In the event that the parties seek to have this Court retain jurisdiction to enforce the terms of a settlement agreement, counsel should review the following Seventh Circuit cases (among any other pertinent authorities: Dupuy v. McEwen, 495 F.3d 807 (7th Cir. 2007); Blue Cross and Blue Shield Ass’n v. American Express Co., 467 F.3d 634 (7th Cir. 2006), Shapo v. Engle, 463 F.3d 641, 646 (7th Cir. 2006), and Lynch v. Samatamason Inc., 279 F.3d 487 (7th Cir. 2002).
The Court urges parties to undertake settlement negotiations at the earliest practicable point in the litigation. Parties who desire a settlement conference should request one in open court or by telephone call to the courtroom deputy. Settlement conferences usually will be referred to the assigned Magistrate Judge.
In the event that the parties seek to have this Court retain jurisdiction to enforce the terms of a settlement agreement, counsel should review the following Seventh Circuit cases (among any other pertinent authorities: Dupuy v. McEwen, 495 F.3d 807 (7th Cir. 2007); Blue Cross and Blue Shield Ass’n v. American Express Co., 467 F.3d 634 (7th Cir. 2006), Shapo v. Engle, 463 F.3d 641, 646 (7th Cir. 2006), and Lynch v. Samatamason Inc., 279 F.3d 487 (7th Cir. 2002).
Motions for summary judgment and responses must comply with Local Rule 56.1 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, and denying summary judgment. See Cracco v. Vitran Exp., Inc., 559 F.3d 625, 632 (7th Cir. 2009).
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.
Motions for summary judgment and responses must comply with Local Rule 56.1 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, and denying summary judgment. See Cracco v. Vitran Exp., Inc., 559 F.3d 625, 632 (7th Cir. 2009).
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.
Persons requesting a daily or hourly transcript of a trial or other evidentiary hearing that may reasonably be expected to last more than one day should place the order with the Court Reporter at least five business days prior to the first day of such proceedings. Judge Pacold's court reporter, Kathleen M. Fennell, can be reached at Kathleen_Fennell@ilnd.uscourts.gov.
Persons requesting a daily or hourly transcript of a trial or other evidentiary hearing that may reasonably be expected to last more than one day should place the order with the Court Reporter at least five business days prior to the first day of such proceedings. Judge Pacold's court reporter, Kathleen M. Fennell, can be reached at Kathleen_Fennell@ilnd.uscourts.gov.
Telephonic Appearances: This Court will consider requests for leave to appear telephonically at routine hearings that will not require substantive argument when counsel is located in another jurisdiction or is otherwise unable to appear in Court. Local counsel, where required by the local rules, must be present and will serve as lead counsel for that court appearance. Counsel appearing telephonically will not be permitted to engage in substantive arguments.
Information to participate by telephone:
Dial Toll-Free Call-in-Number (888) 684-8852
Conference Access Code: 9482028#
You are required to join the conference call using a landline. Please keep in mind that even as a phone participant you are on the record in a formal court hearing. If there are multiple people on the phone, you must state your name each time you speak for clarity of the record. Lengthy arguments should be made in person or by local counsel.
Please keep your phone on mute until you hear your case called.
Telephonic Appearances: This Court will consider requests for leave to appear telephonically at routine hearings that will not require substantive argument when counsel is located in another jurisdiction or is otherwise unable to appear in Court. Local counsel, where required by the local rules, must be present and will serve as lead counsel for that court appearance. Counsel appearing telephonically will not be permitted to engage in substantive arguments.
Information to participate by telephone:
Dial Toll-Free Call-in-Number (888) 684-8852
Conference Access Code: 9482028#
You are required to join the conference call using a landline. Please keep in mind that even as a phone participant you are on the record in a formal court hearing. If there are multiple people on the phone, you must state your name each time you speak for clarity of the record. Lengthy arguments should be made in person or by local counsel.
Please keep your phone on mute until you hear your case called.
Proposed orders in trademark cases brought against “Schedule A” defendants should conform, to the extent feasible, to the templates posted below. When a plaintiff submits a proposed temporary restraining order, preliminary injunction order, or default order to the court’s Proposed Order Inbox, plaintiff should also submit a document that shows, in red text, any differences between Plaintiff’s proposed order and the relevant template order.
To the extent that a proposed temporary restraining order, preliminary injunction order, or default order requests relief beyond the relief authorized in the templates, the plaintiff’s motion should support that request with citations to legal authority consistent with Seventh Circuit precedent.
Proposed orders in trademark cases brought against “Schedule A” defendants should conform, to the extent feasible, to the templates posted below. When a plaintiff submits a proposed temporary restraining order, preliminary injunction order, or default order to the court’s Proposed Order Inbox, plaintiff should also submit a document that shows, in red text, any differences between Plaintiff’s proposed order and the relevant template order.
To the extent that a proposed temporary restraining order, preliminary injunction order, or default order requests relief beyond the relief authorized in the templates, the plaintiff’s motion should support that request with citations to legal authority consistent with Seventh Circuit precedent.
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