When filing an amended complaint, a plaintiff must file a redline as an attachment so all changes are readily apparent to the parties and the Court. This rule does not apply to people without lawyers ( pro se litigants).

When filing an amended complaint, a plaintiff must file a redline as an attachment so all changes are readily apparent to the parties and the Court. This rule does not apply to people without lawyers ( pro se litigants).

Parties should refer to Part VIII of the Federal Rules of Bankruptcy Procedure regarding the time limits and rules for filing briefs for a bankruptcy appeal. Any motions to extend time must be filed within the applicable briefing period. Unless leave is granted, briefs are limited to 15 pages each.

Parties should refer to Part VIII of the Federal Rules of Bankruptcy Procedure regarding the time limits and rules for filing briefs for a bankruptcy appeal. Any motions to extend time must be filed within the applicable briefing period. Unless leave is granted, briefs are limited to 15 pages each.

As explained in the Court’s standing order on Motion Practice and Memoranda of Law, all motions must be accompanied by an agreed briefing schedule or competing proposals. If the parties do not propose a briefing schedule, the Court will set one, which may be more accelerated than the parties would prefer. In a case of ordinary complexity the briefing schedules should be approximately the following:

• Motion to dismiss: three weeks to respond, 10 days to reply
• Motions related to preliminary injunctive relief: seven days to respond or reply (if allowed)
• Discovery motions: seven days to respond, replies usually not allowed
• Motions in limine and Daubert motions: usually set by the Court
• Motion for summary judgment: motion due six weeks after the close of the relevant discovery period, four weeks to respond, two weeks to reply

Complex cases may require longer briefing schedules, and the Court realizes that counsel have other demands on their time, so the Court will usually defer to parties' proposed briefing schedules. However, parties must examine their calendars and consult with their opponents to ensure that briefing schedules they propose are realistic and account for the time needed to brief the motion, manage obligations in other cases, and attend to personal matters. The Court is reluctant to grant significant extensions to accommodate conflicts that counsel could have foreseen.

As explained in the Court’s standing order on Motion Practice and Memoranda of Law, all motions must be accompanied by an agreed briefing schedule or competing proposals. If the parties do not propose a briefing schedule, the Court will set one, which may be more accelerated than the parties would prefer. In a case of ordinary complexity the briefing schedules should be approximately the following:

• Motion to dismiss: three weeks to respond, 10 days to reply
• Motions related to preliminary injunctive relief: seven days to respond or reply (if allowed)
• Discovery motions: seven days to respond, replies usually not allowed
• Motions in limine and Daubert motions: usually set by the Court
• Motion for summary judgment: motion due six weeks after the close of the relevant discovery period, four weeks to respond, two weeks to reply

Complex cases may require longer briefing schedules, and the Court realizes that counsel have other demands on their time, so the Court will usually defer to parties' proposed briefing schedules. However, parties must examine their calendars and consult with their opponents to ensure that briefing schedules they propose are realistic and account for the time needed to brief the motion, manage obligations in other cases, and attend to personal matters. The Court is reluctant to grant significant extensions to accommodate conflicts that counsel could have foreseen.

There is a presumption that the public will have access to all court filings.

Parties requesting entry of an order to preserve the confidentiality of materials disclosed in discovery must base the proposed order on the Model Confidentiality Order contained in the Local Rules (Form LR26.2), found here. The Model Confidentiality Order provides that parties should include or delete language in brackets as necessary for the specific case. Any other proposed changes to this model order must be shown in redlined format that reflects both deletions and additions to the model text. For proposed substantive changes, counsel are encouraged to include comments explaining why the changes are sought.

Counsel shall file a motion for entry of the proposed confidentiality order and attach as an exhibit both a redlined proposed order and a clean proposed order. Counsel shall separately email both exhibits to Proposed_Order_Perry@ilnd.uscourts.gov in Microsoft Word format. The subject line of the email must include (1) the case name; (2) the case number; (3) the docket number of the corresponding motion; and (4) the title of the order that is proposed as indicated on the Notice of Electronic Filing. Counsel must serve a copy of a proposed order on all other parties by copying them on the email to the Court.

The Court will not enter a proposed confidentiality order suggesting that material a party has designated as “confidential” may, for that reason alone, be filed under seal. Any confidentiality order that contemplates under-seal filing must provide that no documents may be filed under seal absent a motion showing good cause for sealing a portion of the record. A party seeking to file material under seal must set forth in its motion the reasons why the record should be sealed, specifying the categories of documents that will be subject to the order (e.g., trade secrets, medical records, personnel files) and why a protective order is necessary as to each category. When a party wishes to file a document on the public docket that another party has marked confidential, the parties must meet and confer to determine who is the appropriate party to file any motion to seal.

If the Court permits a portion of a document to be filed under seal, the party filing the document must also file a redacted public-record version that includes the entire document except for the portions filed under seal.

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 the issuance of a protective order.

There is a presumption that the public will have access to all court filings.

Parties requesting entry of an order to preserve the confidentiality of materials disclosed in discovery must base the proposed order on the Model Confidentiality Order contained in the Local Rules (Form LR26.2), found here. The Model Confidentiality Order provides that parties should include or delete language in brackets as necessary for the specific case. Any other proposed changes to this model order must be shown in redlined format that reflects both deletions and additions to the model text. For proposed substantive changes, counsel are encouraged to include comments explaining why the changes are sought.

Counsel shall file a motion for entry of the proposed confidentiality order and attach as an exhibit both a redlined proposed order and a clean proposed order. Counsel shall separately email both exhibits to Proposed_Order_Perry@ilnd.uscourts.gov in Microsoft Word format. The subject line of the email must include (1) the case name; (2) the case number; (3) the docket number of the corresponding motion; and (4) the title of the order that is proposed as indicated on the Notice of Electronic Filing. Counsel must serve a copy of a proposed order on all other parties by copying them on the email to the Court.

The Court will not enter a proposed confidentiality order suggesting that material a party has designated as “confidential” may, for that reason alone, be filed under seal. Any confidentiality order that contemplates under-seal filing must provide that no documents may be filed under seal absent a motion showing good cause for sealing a portion of the record. A party seeking to file material under seal must set forth in its motion the reasons why the record should be sealed, specifying the categories of documents that will be subject to the order (e.g., trade secrets, medical records, personnel files) and why a protective order is necessary as to each category. When a party wishes to file a document on the public docket that another party has marked confidential, the parties must meet and confer to determine who is the appropriate party to file any motion to seal.

If the Court permits a portion of a document to be filed under seal, the party filing the document must also file a redacted public-record version that includes the entire document except for the portions filed under seal.

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 the issuance of a protective order.

Every case has an assigned Magistrate Judge, and in civil cases the parties may consent to have the assigned Magistrate Judge try the case. In many cases, consent to refer the entire case to the Magistrate Judge may offer significant efficiencies and greater certainty in scheduling the trial. All counsel in civil cases should inform their clients of this option and discuss it with opposing counsel.

Consent to Magistrate Form

Every case has an assigned Magistrate Judge, and in civil cases the parties may consent to have the assigned Magistrate Judge try the case. In many cases, consent to refer the entire case to the Magistrate Judge may offer significant efficiencies and greater certainty in scheduling the trial. All counsel in civil cases should inform their clients of this option and discuss it with opposing counsel.

Consent to Magistrate Form

Generally, the Court does not accept courtesy copies. Please do not prepare them and do not try to deliver them. If a courtesy copy is needed, the Court will contact counsel to request one. If the Court requests courtesy copies, please deliver those copies to the drop-box outside the Courtroom Deputy’s office. A delivery signature will not be available. Courtesy copies need not be delivered in an envelope unless the pleading contains under seal material.

If the Court requests courtesy copies, those copies should (a) always be printed from ECF after electronic filing so that the copies include the ECF header; (b) be printed double sided (on both sides of the paper) whenever possible; (c) if in excess of 50 pages, should be spiral bound on the side, and (d) any exhibits should be tabbed.

Generally, the Court does not accept courtesy copies. Please do not prepare them and do not try to deliver them. If a courtesy copy is needed, the Court will contact counsel to request one. If the Court requests courtesy copies, please deliver those copies to the drop-box outside the Courtroom Deputy’s office. A delivery signature will not be available. Courtesy copies need not be delivered in an envelope unless the pleading contains under seal material.

If the Court requests courtesy copies, those copies should (a) always be printed from ECF after electronic filing so that the copies include the ECF header; (b) be printed double sided (on both sides of the paper) whenever possible; (c) if in excess of 50 pages, should be spiral bound on the side, and (d) any exhibits should be tabbed.

All audio and video exhibits should be filed electronically in accordance with the Clerk’s Office process for Digital Media Exhibit Submission, which can be found here. No CDs or USB drives should be sent to chambers unless expressly requested by the Court.

All audio and video exhibits should be filed electronically in accordance with the Clerk’s Office process for Digital Media Exhibit Submission, which can be found here. No CDs or USB drives should be sent to chambers unless expressly requested by the Court.

The parties can and should work out most discovery disputes without judicial intervention. The Court will not hear or consider any discovery motion or non-dispositive dispute unless the movant has complied with the “meet and confer” requirement of Local Rule 37.2. This applies not only to motions to compel, but also to motions to quash discovery or for protective orders against discovery. The motion must state with specificity when and how the movant complied with Local Rule 37.2. The exchange of correspondence without in-person or telephonic discussion will not normally be sufficient to comply with Local Rule 37.2.

If the parties have reached an impasse regarding the discovery of voluminous records from a database, server or other electronic storage facility, before filing a motion to compel the parties are required to meet and confer with an IT representative of the facility 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.

If the parties do not resolve their disagreement through the “meet and confer” requirement, the parties must file a joint motion of no more than five pages. The joint motion must set out each issue in a separate section and include in that section each party’s position (with appropriate legal authority) and proposed compromise. If the disagreement involves specific discovery that a party has propounded, such as interrogatories, requests for production of documents, or answers or objections to such discovery, the parties must reproduce the question/request and the response in its entirety in that section. The entire disputed discovery responses should be attached as an exhibit to the motion.

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 additional briefing. If after hearing argument the Court believes that the motion requires additional briefing, the Court normally will set an expedited briefing schedule so that the matter can be resolved promptly.

Parties are reminded to notify the Court if they are withdrawing any previously-filed discovery motions.

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 are also reminded that the pendency of a motion, such as a motion to dismiss, does not operate as a stay of discovery.

The parties can and should work out most discovery disputes without judicial intervention. The Court will not hear or consider any discovery motion or non-dispositive dispute unless the movant has complied with the “meet and confer” requirement of Local Rule 37.2. This applies not only to motions to compel, but also to motions to quash discovery or for protective orders against discovery. The motion must state with specificity when and how the movant complied with Local Rule 37.2. The exchange of correspondence without in-person or telephonic discussion will not normally be sufficient to comply with Local Rule 37.2.

If the parties have reached an impasse regarding the discovery of voluminous records from a database, server or other electronic storage facility, before filing a motion to compel the parties are required to meet and confer with an IT representative of the facility 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.

If the parties do not resolve their disagreement through the “meet and confer” requirement, the parties must file a joint motion of no more than five pages. The joint motion must set out each issue in a separate section and include in that section each party’s position (with appropriate legal authority) and proposed compromise. If the disagreement involves specific discovery that a party has propounded, such as interrogatories, requests for production of documents, or answers or objections to such discovery, the parties must reproduce the question/request and the response in its entirety in that section. The entire disputed discovery responses should be attached as an exhibit to the motion.

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 additional briefing. If after hearing argument the Court believes that the motion requires additional briefing, the Court normally will set an expedited briefing schedule so that the matter can be resolved promptly.

Parties are reminded to notify the Court if they are withdrawing any previously-filed discovery motions.

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 are also reminded that the pendency of a motion, such as a motion to dismiss, does not operate as a stay of discovery.

Emergency matters must be of such a nature that a delay in hearing them would cause serious harm to one or more of the parties. Requests to set a hearing on an emergency motion shall be made to the courtroom deputy via email at James_Capparelli@ilnd.uscourts.gov with as much advance notice as possible, setting forth as much detail about the need for the motion as possible, and copying opposing counsel. All reasonable efforts must be made to give actual notice to opposing counsel.

Emergency matters must be of such a nature that a delay in hearing them would cause serious harm to one or more of the parties. Requests to set a hearing on an emergency motion shall be made to the courtroom deputy via email at James_Capparelli@ilnd.uscourts.gov with as much advance notice as possible, setting forth as much detail about the need for the motion as possible, and copying opposing counsel. All reasonable efforts must be made to give actual notice to opposing counsel.

The Court will set all new cases for an initial status hearing approximately 60 days after the filing of the complaint. The initial status hearing will be the scheduling conference as required by Federal Rule of Civil Procedure Rule 16(b). See also Local Rule 16.1. The parties must meet and conduct a planning conference as required by Federal Rule of Civil Procedure 26(f). If the defendant(s) have not been served by the initial status date, counsel for plaintiff is to contact the Courtroom Deputy to reschedule the status hearing and the date for filing an initial status report. If plaintiff is seeking a default, no status report is required.

The parties must file a Joint Initial Status Report not to exceed five single-spaced pages at least seven days before the initial status hearing. If defense counsel has not yet filed an appearance, plaintiff's counsel should prepare the status report. The Joint Initial Status Report shall follow the format in this link.

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.

The Court will set all new cases for an initial status hearing approximately 60 days after the filing of the complaint. The initial status hearing will be the scheduling conference as required by Federal Rule of Civil Procedure Rule 16(b). See also Local Rule 16.1. The parties must meet and conduct a planning conference as required by Federal Rule of Civil Procedure 26(f). If the defendant(s) have not been served by the initial status date, counsel for plaintiff is to contact the Courtroom Deputy to reschedule the status hearing and the date for filing an initial status report. If plaintiff is seeking a default, no status report is required.

The parties must file a Joint Initial Status Report not to exceed five single-spaced pages at least seven days before the initial status hearing. If defense counsel has not yet filed an appearance, plaintiff's counsel should prepare the status report. The Joint Initial Status Report shall follow the format in this link.

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.

The Initial Status Report for Reassigned Cases shall follow the format in this link.

The Initial Status Report for Reassigned Cases shall follow the format in this link.

Please click here for instructions on the Jury Evidence Recording System (JERS).

JERS

Please click here for instructions on the Jury Evidence Recording System (JERS).

JERS

The parties should use the Seventh Circuit’s Pattern Jury Instructions when possible, bearing in mind that statutory and binding case law govern over the pattern instructions. See the Proposed Pretrial Orders (Civil Cases) section for the requirements that parties must follow in drafting and presenting proposed jury instructions.

http://www.ca7.uscourts.gov/pattern-jury-instructions/7th_cir_civil_instructions.pdf

The parties should use the Seventh Circuit’s Pattern Jury Instructions when possible, bearing in mind that statutory and binding case law govern over the pattern instructions. See the Proposed Pretrial Orders (Civil Cases) section for the requirements that parties must follow in drafting and presenting proposed jury instructions.

http://www.ca7.uscourts.gov/pattern-jury-instructions/7th_cir_civil_instructions.pdf

On the morning of jury selection, the parties will be given a copy of the list of potential jurors that is generated by the Clerk’s Office in random order. The entire venire will then enter the courtroom in that order, with the first fourteen jurors seated in the jury box, and the remaining prospective jurors seated in the gallery. The venire will be sworn after some introductory remarks by the judge. The prospective jurors in the jury box will then answer the questions contained in the juror questionnaire and any additional questions governing the case. Questioning will be conducted by the judge. Jurors will be given the opportunity to answer sensitive questions at sidebar if they wish. Once all questions have been asked of the first fourteen jurors, the judge will consult with the parties at sidebar as to additional follow-up questions and will complete questioning of that group. Challenges for cause will be heard at sidebar.

The remaining jurors, after the first fourteen, will be questioned in the same manner. After the venire has been questioned and all challenges for cause have been resolved, the parties will submit peremptory challenges in writing simultaneously. Each side will have three peremptory challenges. Multiple defendants or multiple plaintiffs will be considered a single side for purposes of making challenges. If both sides challenge the same juror, both sides will be charged for that challenge. Once peremptory challenges have been submitted, the challenged prospective jurors will be excused. Jurors will be seated in the order that they were questioned. The jury will ordinarily consist of eight jurors, but parties may request or agree to a larger number up to 12. There are no alternate jurors. All jurors seated will be allowed to deliberate.

Typical Juror Questionnaire

On the morning of jury selection, the parties will be given a copy of the list of potential jurors that is generated by the Clerk’s Office in random order. The entire venire will then enter the courtroom in that order, with the first fourteen jurors seated in the jury box, and the remaining prospective jurors seated in the gallery. The venire will be sworn after some introductory remarks by the judge. The prospective jurors in the jury box will then answer the questions contained in the juror questionnaire and any additional questions governing the case. Questioning will be conducted by the judge. Jurors will be given the opportunity to answer sensitive questions at sidebar if they wish. Once all questions have been asked of the first fourteen jurors, the judge will consult with the parties at sidebar as to additional follow-up questions and will complete questioning of that group. Challenges for cause will be heard at sidebar.

The remaining jurors, after the first fourteen, will be questioned in the same manner. After the venire has been questioned and all challenges for cause have been resolved, the parties will submit peremptory challenges in writing simultaneously. Each side will have three peremptory challenges. Multiple defendants or multiple plaintiffs will be considered a single side for purposes of making challenges. If both sides challenge the same juror, both sides will be charged for that challenge. Once peremptory challenges have been submitted, the challenged prospective jurors will be excused. Jurors will be seated in the order that they were questioned. The jury will ordinarily consist of eight jurors, but parties may request or agree to a larger number up to 12. There are no alternate jurors. All jurors seated will be allowed to deliberate.

Typical Juror Questionnaire

Unless otherwise ordered by the Court, briefs in support of or opposition to a motion should be no more than 15 pages and reply briefs should be no more than 10. Please see Local Rule 5.2 for additional font size, margin, and spacing requirements.

Documents should be filed in searchable OCR .pdf.

Before filing a motion, the movant’s counsel must ask opposing counsel whether there is an objection to the motion. If there is an objection, movant must note that fact in the body of the motion. Joint, uncontested, and agreed motions should be so identified in both the title and the body of the motion.

For opposed motions, the movant must confer with the opposing party before filing. If the non-moving party intends to respond to the motion the motion should include an agreed proposed briefing schedule. If the non-moving party does not intend to respond to the motion, the motion should say so rather than proposing a briefing schedule.

This meet and confer requirement does not apply to dispositive motions typically contested by the parties, including motions to dismiss and motions for summary judgment, or motions that are administrative in nature, such as motions to withdraw as counsel and pro hac vice motions. If in doubt, please confer with opposing counsel before filing a motion.

All motions must be accompanied by an agreed briefing schedule or competing proposals. If the parties do not propose a briefing schedule, the Court will set one, which may be more accelerated than the parties would prefer. In a case of ordinary complexity the briefing schedules should be approximately the following:

Motion to dismiss: three weeks to respond, 10 days to reply

Motions related to preliminary injunctive relief: seven days to respond or reply (if allowed)

Discovery motions: seven days to respond, replies usually not allowed

Motions in limine and Daubert motions: usually set by the Court

Motion for summary judgment: motion due six weeks after the close of the relevant discovery period, four weeks to respond, two weeks to reply

Complex cases may require longer briefing schedules and the Court realizes that counsel have other demands on their time. The Court will usually defer to parties' proposed briefing schedules. However, parties must examine their calendars and consult with their opponents to ensure that briefing schedules they propose are realistic and account for the time needed to brief the motion, manage obligations in other cases, and attend to personal matters. The Court is reluctant to grant significant extensions to accommodate conflicts that counsel could have foreseen.

Motions for extension of time shall indicate: (i) the reason for the request; (ii) the number of previous extensions; and (iii) whether any party objects to the extension. Please do not contact chambers or the Courtroom Deputy to request an extension of time.

Please review Judge Perry’s website for dates on which she will be hearing motions.

Motions must be filed at least 3 business days before the motion is to be heard. So long as notice requirements have been met, the Court will also consider motions at previously-scheduled status hearings. Notices of motion must be filed separately on the docket for the motion to appear on the Court’s calendar. Do not attach the notice as an exhibit to the motion.

Trial dates and discovery cutoff dates will not be reset except by written motion. Motions to extend a discovery cutoff date or to reset a trial date, whether uncontested or contested, will normally require a court appearance.

Counsel should check the docket after 4:00 p.m. on the afternoon before the scheduled motion date to see if an appearance is necessary. Unless the court has told a party it need not appear, counsel is expected to be present whether or not the motion is agreed.

Unless otherwise ordered by the Court, briefs in support of or opposition to a motion should be no more than 15 pages and reply briefs should be no more than 10. Please see Local Rule 5.2 for additional font size, margin, and spacing requirements.

Documents should be filed in searchable OCR .pdf.

Before filing a motion, the movant’s counsel must ask opposing counsel whether there is an objection to the motion. If there is an objection, movant must note that fact in the body of the motion. Joint, uncontested, and agreed motions should be so identified in both the title and the body of the motion.

For opposed motions, the movant must confer with the opposing party before filing. If the non-moving party intends to respond to the motion the motion should include an agreed proposed briefing schedule. If the non-moving party does not intend to respond to the motion, the motion should say so rather than proposing a briefing schedule.

This meet and confer requirement does not apply to dispositive motions typically contested by the parties, including motions to dismiss and motions for summary judgment, or motions that are administrative in nature, such as motions to withdraw as counsel and pro hac vice motions. If in doubt, please confer with opposing counsel before filing a motion.

All motions must be accompanied by an agreed briefing schedule or competing proposals. If the parties do not propose a briefing schedule, the Court will set one, which may be more accelerated than the parties would prefer. In a case of ordinary complexity the briefing schedules should be approximately the following:

Motion to dismiss: three weeks to respond, 10 days to reply

Motions related to preliminary injunctive relief: seven days to respond or reply (if allowed)

Discovery motions: seven days to respond, replies usually not allowed

Motions in limine and Daubert motions: usually set by the Court

Motion for summary judgment: motion due six weeks after the close of the relevant discovery period, four weeks to respond, two weeks to reply

Complex cases may require longer briefing schedules and the Court realizes that counsel have other demands on their time. The Court will usually defer to parties' proposed briefing schedules. However, parties must examine their calendars and consult with their opponents to ensure that briefing schedules they propose are realistic and account for the time needed to brief the motion, manage obligations in other cases, and attend to personal matters. The Court is reluctant to grant significant extensions to accommodate conflicts that counsel could have foreseen.

Motions for extension of time shall indicate: (i) the reason for the request; (ii) the number of previous extensions; and (iii) whether any party objects to the extension. Please do not contact chambers or the Courtroom Deputy to request an extension of time.

Please review Judge Perry’s website for dates on which she will be hearing motions.

Motions must be filed at least 3 business days before the motion is to be heard. So long as notice requirements have been met, the Court will also consider motions at previously-scheduled status hearings. Notices of motion must be filed separately on the docket for the motion to appear on the Court’s calendar. Do not attach the notice as an exhibit to the motion.

Trial dates and discovery cutoff dates will not be reset except by written motion. Motions to extend a discovery cutoff date or to reset a trial date, whether uncontested or contested, will normally require a court appearance.

Counsel should check the docket after 4:00 p.m. on the afternoon before the scheduled motion date to see if an appearance is necessary. Unless the court has told a party it need not appear, counsel is expected to be present whether or not the motion is agreed.

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

If the nonmoving party elects not to amend but instead chooses to litigate the motion to dismiss, the nonmoving party (unless agreed or ordered otherwise) must file its response within 21 days of the filing of the motion, and the moving party must file its reply within 10 days of the filing of the response. In its response, the nonmoving party must also address whether any deficiencies identified by the motion to dismiss are curable by amendment.

Following these steps, the Court will take the motion under advisement and will rule in due course following any oral argument that the Court may in its discretion require. If the parties litigate the motion to dismiss and the moving party prevails, the nonmoving party is advised that the Court may dismiss the case with prejudice under the appropriate legal standards.

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

If the nonmoving party elects not to amend but instead chooses to litigate the motion to dismiss, the nonmoving party (unless agreed or ordered otherwise) must file its response within 21 days of the filing of the motion, and the moving party must file its reply within 10 days of the filing of the response. In its response, the nonmoving party must also address whether any deficiencies identified by the motion to dismiss are curable by amendment.

Following these steps, the Court will take the motion under advisement and will rule in due course following any oral argument that the Court may in its discretion require. If the parties litigate the motion to dismiss and the moving party prevails, the nonmoving party is advised that the Court may dismiss the case with prejudice under the appropriate legal standards.

Motion to strike filings are disfavored. See generally Custom Vehicles, Inc. v. Forest River, Inc., 464 F.3d 725, 727 (7th Cir. 2006). Motion to strike filings almost always require the Court to decide significant issues (and, indeed, the underlying motion) on the merits and multiply the briefs (because the other side should be allowed to respond). Id.

The Court is capable of discerning if a reply brief raises a new argument or if a litigant has failed to comply with the requirements of Local Rule 56.1. Such errors do not require supplemental motion practice.

If a party believes that the other side's brief contains inaccurate facts or that the other side’s Local Rule 56.1 statement contains an unsupported assertion, then the complaining party should make that argument in the response or reply brief or in the responsive 56.1 statement.

Motion to strike filings are disfavored. See generally Custom Vehicles, Inc. v. Forest River, Inc., 464 F.3d 725, 727 (7th Cir. 2006). Motion to strike filings almost always require the Court to decide significant issues (and, indeed, the underlying motion) on the merits and multiply the briefs (because the other side should be allowed to respond). Id.

The Court is capable of discerning if a reply brief raises a new argument or if a litigant has failed to comply with the requirements of Local Rule 56.1. Such errors do not require supplemental motion practice.

If a party believes that the other side's brief contains inaccurate facts or that the other side’s Local Rule 56.1 statement contains an unsupported assertion, then the complaining party should make that argument in the response or reply brief or in the responsive 56.1 statement.

After the conclusion of a trial, no party, agent, or attorney shall communicate with any members of the jury before which the case was tried without first receiving permission of the Court.

After the conclusion of a trial, no party, agent, or attorney shall communicate with any members of the jury before which the case was tried without first receiving permission of the Court.

Judge Perry follows the Local Patent Rules for the Northern District of Illinois in all patent cases, unless ordered otherwise.

Local Patent Rules

LPR Appendix A

LPR Appendix B

Judge Perry follows the Local Patent Rules for the Northern District of Illinois in all patent cases, unless ordered otherwise.

Local Patent Rules

LPR Appendix A

LPR Appendix B

Click here for Pro Se Litigant information.

If you are a pro se litigant with a case in this district, the District Court Self-Help Assistance Program may be able to provide you with assistance regarding your case. The help desk attorney operates by appointment only. Appointments are made at the Clerk’s Office Intake Desk on the 20th floor or by calling 312-435-5691.

Use of the help desk attorney is not a substitute for an attorney. You should seriously consider trying to obtain professional legal assistance. Below are lists of organizations that may be able to offer you free or low-cost legal assistance or a referral to an attorney if you can afford to pay for legal services.

Free or low-cost legal services

Referral Services

Filing a Civil Case Without An Attorney: A Guide For The Pro Se Litigant

Title VII and Section 1981: A Guide for Appointed Attorneys in the Northern District of Illinois

The Americans With Disabilities Act An Age Discrimination In Employment Act: A Guide for Appointed Attorneys in the Northern District of Illinois

Local Rule 56.2 - Notice to Pro Se Litigants Opposing Summary Judgment

Click here for Pro Se Litigant information.

If you are a pro se litigant with a case in this district, the District Court Self-Help Assistance Program may be able to provide you with assistance regarding your case. The help desk attorney operates by appointment only. Appointments are made at the Clerk’s Office Intake Desk on the 20th floor or by calling 312-435-5691.

Use of the help desk attorney is not a substitute for an attorney. You should seriously consider trying to obtain professional legal assistance. Below are lists of organizations that may be able to offer you free or low-cost legal assistance or a referral to an attorney if you can afford to pay for legal services.

Free or low-cost legal services

Referral Services

Filing a Civil Case Without An Attorney: A Guide For The Pro Se Litigant

Title VII and Section 1981: A Guide for Appointed Attorneys in the Northern District of Illinois

The Americans With Disabilities Act An Age Discrimination In Employment Act: A Guide for Appointed Attorneys in the Northern District of Illinois

Local Rule 56.2 - Notice to Pro Se Litigants Opposing Summary Judgment

1. Plaintiff shall first provide the court with proposed findings and conclusions, which shall have been served on each defendant. Each defendant shall then provide the Court with answering proposals, which shall have been served on each plaintiff.
2. Plaintiff’s proposals shall include (a) a narrative statement of all facts proposed to be proved and (b) a concise statement of plaintiff’s legal contentions and the authorities supporting them. Plaintiff’s narrative statement of facts shall set forth in simple declarative sentences all the facts relied upon in support of plaintiff’s claim for relief. It shall be complete in itself and shall contain no recitation of any witness’ testimony or what any defendant stated or admitted in these or other proceedings, and no references to the pleadings or other documents or schedules as such. It may contain references in parentheses to the names of witnesses, depositions, pleadings, exhibits or other documents, but no party shall be required to admit or deny the accuracy of such references. It shall, so far as possible, contain no pejoratives, labels or legal conclusions. It shall be so constructed, in consecutively numbered paragraphs (though where appropriate a paragraph may contain more than one sentence), that each of the opposing parties will be able to admit or deny each separate sentence of the statement. Plaintiff’s statement of legal contentions shall set forth all contentions necessary to demonstrate the liability of each defendant to such plaintiff. Such contentions shall be separately, clearly and concisely stated in separately numbered paragraphs. Each paragraph shall be followed by citations of authorities in support thereof.
3. Each defendant’s answering proposals shall correspond to plaintiff’s proposals:
   1. Each defendant’s factual statement shall admit or deny each separate sentence contained in the narrative statement of fact of each plaintiff, except in instances where a portion of a sentence can be admitted and a portion denied. In those instances, each defendant shall state clearly the portion admitted and the portion denied. Each separate sentence of each defendant’s response shall bear the same number as the corresponding sentence in the plaintiff’s narrative statement of fact. In a separate portion of each defendant’s narrative statement of facts, such defendant shall set forth all affirmative matter of a factual nature relied upon by such defendant, constructed in the same manner as the plaintiff’s narrative statement of facts.
   2. Each defendant’s separate statement of proposed conclusions of law shall respond directly to plaintiff’s separate legal contentions and shall contain such additional contentions of the defendant as may be necessary to demonstrate the non-liability or limited liability of the defendant. Each defendant’s statement of legal contentions shall be constructed in the same manner as is provided for the similar statement of each plaintiff.

1. Plaintiff shall first provide the court with proposed findings and conclusions, which shall have been served on each defendant. Each defendant shall then provide the Court with answering proposals, which shall have been served on each plaintiff.
2. Plaintiff’s proposals shall include (a) a narrative statement of all facts proposed to be proved and (b) a concise statement of plaintiff’s legal contentions and the authorities supporting them. Plaintiff’s narrative statement of facts shall set forth in simple declarative sentences all the facts relied upon in support of plaintiff’s claim for relief. It shall be complete in itself and shall contain no recitation of any witness’ testimony or what any defendant stated or admitted in these or other proceedings, and no references to the pleadings or other documents or schedules as such. It may contain references in parentheses to the names of witnesses, depositions, pleadings, exhibits or other documents, but no party shall be required to admit or deny the accuracy of such references. It shall, so far as possible, contain no pejoratives, labels or legal conclusions. It shall be so constructed, in consecutively numbered paragraphs (though where appropriate a paragraph may contain more than one sentence), that each of the opposing parties will be able to admit or deny each separate sentence of the statement. Plaintiff’s statement of legal contentions shall set forth all contentions necessary to demonstrate the liability of each defendant to such plaintiff. Such contentions shall be separately, clearly and concisely stated in separately numbered paragraphs. Each paragraph shall be followed by citations of authorities in support thereof.
3. Each defendant’s answering proposals shall correspond to plaintiff’s proposals:
   1. Each defendant’s factual statement shall admit or deny each separate sentence contained in the narrative statement of fact of each plaintiff, except in instances where a portion of a sentence can be admitted and a portion denied. In those instances, each defendant shall state clearly the portion admitted and the portion denied. Each separate sentence of each defendant’s response shall bear the same number as the corresponding sentence in the plaintiff’s narrative statement of fact. In a separate portion of each defendant’s narrative statement of facts, such defendant shall set forth all affirmative matter of a factual nature relied upon by such defendant, constructed in the same manner as the plaintiff’s narrative statement of facts.
   2. Each defendant’s separate statement of proposed conclusions of law shall respond directly to plaintiff’s separate legal contentions and shall contain such additional contentions of the defendant as may be necessary to demonstrate the non-liability or limited liability of the defendant. Each defendant’s statement of legal contentions shall be constructed in the same manner as is provided for the similar statement of each plaintiff.

Proposed Orders are not to be filed on the docket via CM/ECF; Proposed Orders are to be submitted to the Judge as an attachment to an e-mail sent to Proposed_Order_Perry@ilnd.uscourts.gov. The subject line of the e-mail must include the case number and name, the docket number of the corresponding motion, and the title of the order that is proposed. Opposing counsel should be copied on the email. All such documents must be submitted to the court in Microsoft Word format.

Unless the Court directs otherwise, a party must file a motion asking the Court to enter the proposed order. Submitting a draft order to the Court’s proposed order inbox is not a substitute for a motion.

Proposed orders on routine motions, such as motions for extensions of time, are unnecessary. Proposed orders should not be submitted for dispositive motions.

Proposed orders require Court approval before they become effective.

Proposed Orders are not to be filed on the docket via CM/ECF; Proposed Orders are to be submitted to the Judge as an attachment to an e-mail sent to Proposed_Order_Perry@ilnd.uscourts.gov. The subject line of the e-mail must include the case number and name, the docket number of the corresponding motion, and the title of the order that is proposed. Opposing counsel should be copied on the email. All such documents must be submitted to the court in Microsoft Word format.

Unless the Court directs otherwise, a party must file a motion asking the Court to enter the proposed order. Submitting a draft order to the Court’s proposed order inbox is not a substitute for a motion.

Proposed orders on routine motions, such as motions for extensions of time, are unnecessary. Proposed orders should not be submitted for dispositive motions.

Proposed orders require Court approval before they become effective.

The Court’s final pre-trial order guidelines differ from those in Local Rule 16.1. The parties shall follow the format and guidelines linked below:

Proposed Pretrial Order Procedures

The parties should carefully review the pretrial order requirements in time to address any issues of exhibits and availability before submitting the pretrial order and before the final pretrial conference. This includes ensuring that witnesses are available or making arrangements for them to testify by other means. By default, all witnesses must appear to testify in person. Live video testimony is strongly disfavored and may be disallowed even if the parties favor it. Testimony by video or written deposition is acceptable by party agreement or for good cause, but these arrangements to take and prepare the deposition testimony must be made no later than in the final pretrial order. After that point, except in exceptional, unforeseen circumstances, the Court is unlikely to grant an opposed request to accommodate an unavailable witness.

Civil Jury Instructions Template

Deposition Designations Template

Joint Exhibit List Template

The Court’s final pre-trial order guidelines differ from those in Local Rule 16.1. The parties shall follow the format and guidelines linked below:

Proposed Pretrial Order Procedures

The parties should carefully review the pretrial order requirements in time to address any issues of exhibits and availability before submitting the pretrial order and before the final pretrial conference. This includes ensuring that witnesses are available or making arrangements for them to testify by other means. By default, all witnesses must appear to testify in person. Live video testimony is strongly disfavored and may be disallowed even if the parties favor it. Testimony by video or written deposition is acceptable by party agreement or for good cause, but these arrangements to take and prepare the deposition testimony must be made no later than in the final pretrial order. After that point, except in exceptional, unforeseen circumstances, the Court is unlikely to grant an opposed request to accommodate an unavailable witness.

Civil Jury Instructions Template

Deposition Designations Template

Joint Exhibit List Template

In cases in which Plaintiff seeks ex parte injunctive relief against a number of Defendants whose identities are initially filed under seal, commonly called “Schedule A” cases, Plaintiff must provide the information requested in the Court’s Schedule A Template, which can be found here. The Court will not rule on a motion for a temporary restraining order until Plaintiff completes the template and files it on the docket. Plaintiff must complete and file the template on the docket within 14 days of the case being assigned or reassigned to Judge Perry, or the case may be dismissed for want of prosecution.

In cases in which Plaintiff seeks ex parte injunctive relief against a number of Defendants whose identities are initially filed under seal, commonly called “Schedule A” cases, Plaintiff must provide the information requested in the Court’s Schedule A Template, which can be found here. The Court will not rule on a motion for a temporary restraining order until Plaintiff completes the template and files it on the docket. Plaintiff must complete and file the template on the docket within 14 days of the case being assigned or reassigned to Judge Perry, or the case may be dismissed for want of prosecution.

Search warrants or seizure warrants related to a case assigned to Judge Perry should be submitted to the duty magistrate judge. LCrR 41(a).

Search warrants or seizure warrants related to a case assigned to Judge Perry should be submitted to the duty magistrate judge. LCrR 41(a).

In the interest of efficiency, the Court strongly encourages the parties to engage in a settlement conference with the assigned Magistrate Judge. The parties may request a referral by contacting the Courtroom Deputy.

Parties who participate in a settlement conference with Judge Perry must follow the standing instructions for settlement conferences available at the link below.

Settlement Conference Procedures

Generally speaking, Seventh Circuit decisions hold that dismissals “with prejudice” leave the Court without jurisdiction to enforce a settlement agreement. Accordingly, in most cases, the parties would be well advised to submit a proposed order that either (a) provides for dismissal with prejudice if the settlement terms have already been fulfilled (e.g., payment has been made), but make no reference to retention of jurisdiction; or (b) provides for the case to be “dismissed without prejudice with leave to reinstate on or before [date far enough in the future to fulfill all settlement terms]” and that “in the event a motion to reinstate is not filed on or before [date far enough in the future to fulfill all settlement terms], the case shall be deemed, without further order of the Court, to be dismissed with prejudice.”

In the interest of efficiency, the Court strongly encourages the parties to engage in a settlement conference with the assigned Magistrate Judge. The parties may request a referral by contacting the Courtroom Deputy.

Parties who participate in a settlement conference with Judge Perry must follow the standing instructions for settlement conferences available at the link below.

Settlement Conference Procedures

Generally speaking, Seventh Circuit decisions hold that dismissals “with prejudice” leave the Court without jurisdiction to enforce a settlement agreement. Accordingly, in most cases, the parties would be well advised to submit a proposed order that either (a) provides for dismissal with prejudice if the settlement terms have already been fulfilled (e.g., payment has been made), but make no reference to retention of jurisdiction; or (b) provides for the case to be “dismissed without prejudice with leave to reinstate on or before [date far enough in the future to fulfill all settlement terms]” and that “in the event a motion to reinstate is not filed on or before [date far enough in the future to fulfill all settlement terms], the case shall be deemed, without further order of the Court, to be dismissed with prejudice.”

Motions for summary judgment, responses, and replies must comply with Local Rule 56.1, as well as this standing order.

Parties are required to file a joint statement of undisputed material facts that the parties agree are not in dispute. All statements of undisputed material facts and their responses must be filed separately from the memoranda of law and must include the line, paragraph, or page number where the supporting material may be found in the record. If the nonmoving party wholly refuses to join in the joint statement of undisputed material facts, the moving party will be permitted to file the motion for summary judgment accompanied by a separate declaration of counsel explaining why a joint statement was not filed.

The Local Rules are not technicalities. Failure to comply with the Local Rules may result in the Court striking briefs, disregarding statements of fact, deeming statements of fact admitted, and denying summary judgment. See LR 56.1(a)(3).

Motions to strike are disfavored. See LR 56.1(e)(2). Only on rare occasions is a motion to strike appropriate, such as when an entire brief or 56.1 statement is defective. When it is appropriate, the motion must be made promptly after the filing of the purportedly offending brief or statement. If a party contends that its opponent has included inadmissible evidence, improper argument, or other objectionable material in a LR 56.1 statement, the party should raise its objection in its response or reply brief, not in a motion to strike. See LR 56.1(e)(2), (g).

In complex cases, the Court might request that the parties submit a supplemental chart or organizational aid to summarize the material facts.

Parties submitting deposition testimony in support of or in opposition to summary judgment must provide the Court with the entire transcript of the deposition. The transcript must begin with a cover sheet stating the name of the witness, the date of the deposition, and the deponent’s title and/or role in the pending litigation.

Parties must include a table of contents for any exhibits. Text-based exhibits must be searchable.

• A response to an asserted fact must controvert the fact, not introduce additional facts. Additional facts in a response will be ignored, see LR 56.1(e)(1)–(3);
• Parties should not raise facts in LR 56.1 statements that are immaterial or irrelevant to the legal issues presented on summary judgment;
• LR 56.1 statements and responses should be concise and in short, numbered paragraphs that address a single fact—multiple facts should not be asserted in the same paragraph;
• Parties must include specific references to the record (i.e., pincites, not blanket citations to an entire document or transcript), see LR 56.1(d)(2);
• Inferences and credibility arguments should not be asserted in LR 56.1 statements;
• One way—but by no means the only way—to organize LR 56.1 statements is to include section headers identifying the legal element that the facts are intended to address; and
• Electronically filed documents and exhibits should be text searchable.

If you are representing yourself, please refer to Local Rule 56.2 - Notice to Pro Se Litigants Opposing Summary Judgment.

Motions for summary judgment, responses, and replies must comply with Local Rule 56.1, as well as this standing order.

Parties are required to file a joint statement of undisputed material facts that the parties agree are not in dispute. All statements of undisputed material facts and their responses must be filed separately from the memoranda of law and must include the line, paragraph, or page number where the supporting material may be found in the record. If the nonmoving party wholly refuses to join in the joint statement of undisputed material facts, the moving party will be permitted to file the motion for summary judgment accompanied by a separate declaration of counsel explaining why a joint statement was not filed.

The Local Rules are not technicalities. Failure to comply with the Local Rules may result in the Court striking briefs, disregarding statements of fact, deeming statements of fact admitted, and denying summary judgment. See LR 56.1(a)(3).

Motions to strike are disfavored. See LR 56.1(e)(2). Only on rare occasions is a motion to strike appropriate, such as when an entire brief or 56.1 statement is defective. When it is appropriate, the motion must be made promptly after the filing of the purportedly offending brief or statement. If a party contends that its opponent has included inadmissible evidence, improper argument, or other objectionable material in a LR 56.1 statement, the party should raise its objection in its response or reply brief, not in a motion to strike. See LR 56.1(e)(2), (g).

In complex cases, the Court might request that the parties submit a supplemental chart or organizational aid to summarize the material facts.

Parties submitting deposition testimony in support of or in opposition to summary judgment must provide the Court with the entire transcript of the deposition. The transcript must begin with a cover sheet stating the name of the witness, the date of the deposition, and the deponent’s title and/or role in the pending litigation.

Parties must include a table of contents for any exhibits. Text-based exhibits must be searchable.

• A response to an asserted fact must controvert the fact, not introduce additional facts. Additional facts in a response will be ignored, see LR 56.1(e)(1)–(3);
• Parties should not raise facts in LR 56.1 statements that are immaterial or irrelevant to the legal issues presented on summary judgment;
• LR 56.1 statements and responses should be concise and in short, numbered paragraphs that address a single fact—multiple facts should not be asserted in the same paragraph;
• Parties must include specific references to the record (i.e., pincites, not blanket citations to an entire document or transcript), see LR 56.1(d)(2);
• Inferences and credibility arguments should not be asserted in LR 56.1 statements;
• One way—but by no means the only way—to organize LR 56.1 statements is to include section headers identifying the legal element that the facts are intended to address; and
• Electronically filed documents and exhibits should be text searchable.

If you are representing yourself, please refer to Local Rule 56.2 - Notice to Pro Se Litigants Opposing Summary Judgment.

Please contact the Court’s court reporter at least 5 business days before the start of any proceeding for which you anticipate needing daily or hourly transcript and/or a real-time feed or rough-draft transcript so that these services can be scheduled. A deposit may be required.

All other transcript requests should be placed using the Court's online transcript order form, which can be found here.

Please contact the Court’s court reporter at least 5 business days before the start of any proceeding for which you anticipate needing daily or hourly transcript and/or a real-time feed or rough-draft transcript so that these services can be scheduled. A deposit may be required.

All other transcript requests should be placed using the Court's online transcript order form, which can be found here.