Briefs on appeal from the United States Bankruptcy Court must be filed in compliance with the deadlines set out in Federal Rule of Bankruptcy Procedure 8018.  Any motions to extend time must be filed within the applicable briefing period.  Principal briefs are limited to 30 pages and the reply brief 15 pages. Briefs on appeal from the United States Bankruptcy Court must be filed in compliance with the deadlines set out in Federal Rule of Bankruptcy Procedure 8018.  Any motions to extend time must be filed within the applicable briefing period.  Principal briefs are limited to 30 pages and the reply brief 15 pages.

Judge Alonso strongly encourages counsel to consider and to inform their clients of the efficiencies and potential cost savings to be gained by having cases tried before a United States Magistrate Judge.

Consent to Proceed Before Magistrate Judge Judge Alonso strongly encourages counsel to consider and to inform their clients of the efficiencies and potential cost savings to be gained by having cases tried before a United States Magistrate Judge.

Consent to Proceed Before Magistrate Judge

All parties must comply with the initial-disclosure requirements of Federal Rule of Civil Procedure 26.  Parties are advised that there is no “order” in which discovery must occur. One party’s failure or inability to respond to discovery requests does not excuse any other party’s timely compliance.  Parties also are reminded that the pendency of a motion–even a dispositive motion–does not operate as a stay of discovery. All parties must comply with the initial-disclosure requirements of Federal Rule of Civil Procedure 26.  Parties are advised that there is no “order” in which discovery must occur. One party’s failure or inability to respond to discovery requests does not excuse any other party’s timely compliance.  Parties also are reminded that the pendency of a motion–even a dispositive motion–does not operate as a stay of discovery.

Judge Alonso discourages the filing of discovery motions; the parties can and should work out most discovery disputes.  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.  The motion must state with specificity when and how the movant complied with Local Rule 37.2.  Parties are reminded that compliance with Local Rule 37.2 requires a good-faith effort to resolve discovery disputes and communication that takes place face-to-face or by telephone.  The exchange of correspondence will normally not be sufficient to comply with Local Rule 37.2.

All parties should be fully prepared to argue any discovery motion on the date that it is presented.  The court will most often rule on discovery motions after hearing argument at the motion call and without briefing.  If, after hearing argument, the court believes that the motion requires briefing, an expedited briefing schedule will be set so that the matter can be resolved promptly.

Parties are reminded to notify the court immediately if they resolve and/or are withdrawing any previously-filed discovery motions.

Parties are reminded that there is no particular 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.
Judge Alonso discourages the filing of discovery motions; the parties can and should work out most discovery disputes.  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.  The motion must state with specificity when and how the movant complied with Local Rule 37.2.  Parties are reminded that compliance with Local Rule 37.2 requires a good-faith effort to resolve discovery disputes and communication that takes place face-to-face or by telephone.  The exchange of correspondence will normally not be sufficient to comply with Local Rule 37.2.

All parties should be fully prepared to argue any discovery motion on the date that it is presented.  The court will most often rule on discovery motions after hearing argument at the motion call and without briefing.  If, after hearing argument, the court believes that the motion requires briefing, an expedited briefing schedule will be set so that the matter can be resolved promptly.

Parties are reminded to notify the court immediately if they resolve and/or are withdrawing any previously-filed discovery motions.

Parties are reminded that there is no particular 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 court strongly encourages counsel to convert any word-processed document into a PDF document by printing or publishing it to PDF rather than manually scanning a paper copy into PDF format.  The former method of conversion generates searchable optical character recognition (OCR) text; the latter does not.
The court strongly encourages counsel to convert any word-processed document into a PDF document by printing or publishing it to PDF rather than manually scanning a paper copy into PDF format.  The former method of conversion generates searchable optical character recognition (OCR) text; the latter does not.

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 Judge Alonso’s courtroom deputy, Lesley Fairley, at (312) 435-5849, with as much notice as possible.  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 Judge Alonso’s courtroom deputy, Lesley Fairley, at (312) 435-5849, with as much notice as possible.  All reasonable efforts must be made to give actual notice to opposing counsel.

The court will set all newly-filed cases for a status hearing approximately 60 to 90 days from the date the complaint is filed.  At least 14 days before the initial status hearing, the parties shall meet to discuss the nature and basis of their claims and defenses, the possibilities for a prompt settlement or resolution of the case, and the arrangements for making Rule 26(a)(1) disclosures.  Plaintiff is responsible for initiating such a meeting, and all parties are required to attend.  Failure or refusal to participate in such a meeting may constitute a basis for sanctions.  Lead counsel for each party (or, in lieu of lead counsel, local counsel who is knowledgeable about all aspects of the case, including plans for case management) is required to attend the initial status hearing. Parties are directed to file an initial status report at least 3 business days before the initial status hearing.

Joint Initial Status Report

 

The court will set all newly-filed cases for a status hearing approximately 60 to 90 days from the date the complaint is filed.  At least 14 days before the initial status hearing, the parties shall meet to discuss the nature and basis of their claims and defenses, the possibilities for a prompt settlement or resolution of the case, and the arrangements for making Rule 26(a)(1) disclosures.  Plaintiff is responsible for initiating such a meeting, and all parties are required to attend.  Failure or refusal to participate in such a meeting may constitute a basis for sanctions.  Lead counsel for each party (or, in lieu of lead counsel, local counsel who is knowledgeable about all aspects of the case, including plans for case management) is required to attend the initial status hearing. Parties are directed to file an initial status report at least 3 business days before the initial status hearing.

Joint Initial Status Report

 

On the morning of jury selection, the venire will enter the courtroom and be sworn.  They will then be given a letter welcoming them to the courthouse, a combined list of background questions and the parties’ questions, and a witness list.  The first 14 jurors will be seated in the jury box according to the random-order list.  Questioning and any required follow-up will be conducted by the Court.  Jurors will be given the option of answering sensitive questions at sidebar. Once all questions have been asked, the Court will consult with the parties at sidebar as to additional follow-up questions and will then complete the questioning.

The Court will then return to sidebar to hear any challenges for cause.

If necessary, any juror successfully challenged for cause will be replaced with new jurors in the jury box, and questioning will then be repeated in the same fashion until the result is a qualified pool of at least 14 jurors on whom peremptory challenges will be exercised. The parties will submit peremptory challenges in writing simultaneously. Each side is permitted 3 peremptory challenges, and double-strikes will count against both sides. The first 8 (or however many jurors are being seated for the trial) non-struck jurors will comprise the jury. There are no alternate jurors. All jurors seated will be allowed to deliberate.

On the morning of jury selection, the venire will enter the courtroom and be sworn.  They will then be given a letter welcoming them to the courthouse, a combined list of background questions and the parties’ questions, and a witness list.  The first 14 jurors will be seated in the jury box according to the random-order list.  Questioning and any required follow-up will be conducted by the Court.  Jurors will be given the option of answering sensitive questions at sidebar. Once all questions have been asked, the Court will consult with the parties at sidebar as to additional follow-up questions and will then complete the questioning.

The Court will then return to sidebar to hear any challenges for cause.

If necessary, any juror successfully challenged for cause will be replaced with new jurors in the jury box, and questioning will then be repeated in the same fashion until the result is a qualified pool of at least 14 jurors on whom peremptory challenges will be exercised. The parties will submit peremptory challenges in writing simultaneously. Each side is permitted 3 peremptory challenges, and double-strikes will count against both sides. The first 8 (or however many jurors are being seated for the trial) non-struck jurors will comprise the jury. There are no alternate jurors. All jurors seated will be allowed to deliberate.

The 15-page limitation on all memoranda contained in Local Rule 7.1 will be strictly enforced.  A motion for leave to exceed that limit will not be granted unless warranted.  The court prefers that the parties use the Westlaw citation for unpublished opinions and materials cited in memoranda. Parties should not attach as exhibits materials that are available on Westlaw. 
The 15-page limitation on all memoranda contained in Local Rule 7.1 will be strictly enforced.  A motion for leave to exceed that limit will not be granted unless warranted.  The court prefers that the parties use the Westlaw citation for unpublished opinions and materials cited in memoranda. Parties should not attach as exhibits materials that are available on Westlaw. 

Motions must be noticed for a date certain.  Judge Alonso’s main web page will list any dates on which he is not hearing motions.  The court will hold hearings on civil motions (except for emergency motions) on Tuesdays, Wednesdays, and Thursdays at 9:30 a.m.  The court will hold hearings on criminal motions (except for emergency motions) on Tuesdays, Wednesdays, and Thursdays at 10:30 a.m.  Motions noticed for a given day must be filed no later than 4:00 p.m. on the third business day preceding the day the motion is to be heard.  Joint, uncontested, and agreed motions should be so identified in the title and the body of the motion.  Counsel shall not make or respond to motions by correspondence with the court.
Motions must be noticed for a date certain.  Judge Alonso’s main web page will list any dates on which he is not hearing motions.  The court will hold hearings on civil motions (except for emergency motions) on Tuesdays, Wednesdays, and Thursdays at 9:30 a.m.  The court will hold hearings on criminal motions (except for emergency motions) on Tuesdays, Wednesdays, and Thursdays at 10:30 a.m.  Motions noticed for a given day must be filed no later than 4:00 p.m. on the third business day preceding the day the motion is to be heard.  Joint, uncontested, and agreed motions should be so identified in the title and the body of the motion.  Counsel shall not make or respond to motions by correspondence with the court.

Trial dates and discovery cutoff dates will not be reset except by written motion.  Normally, such motions, whether agreed or contested, will require a court appearance. Trial dates and discovery cutoff dates will not be reset except by written motion.  Normally, such motions, whether agreed or contested, will require a court appearance.

If a case involves multiple defendants who are represented by different counsel, the court encourages defense counsel to file joint briefs and exhibits or to adopt parts of a co-defendant’s brief.  The parties are reminded that redundant and uncoordinated briefs may be stricken. If a case involves multiple defendants who are represented by different counsel, the court encourages defense counsel to file joint briefs and exhibits or to adopt parts of a co-defendant’s brief.  The parties are reminded that redundant and uncoordinated briefs may be stricken.

Judge Alonso adheres to the Local Patent Rules for all patent cases.

Local Patent Rules
Local Patent Rules, Appendix A
Local Patent Rules, Appendix B
Estimated Patent Case Schedule

Judge Alonso adheres to the Local Patent Rules for all patent cases.

Local Patent Rules
Local Patent Rules, Appendix A
Local Patent Rules, Appendix B
Estimated Patent Case Schedule

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

Parties are required to file a proposed final pretrial order that contains the items set forth in the final pretrial order form appended to Local Rule 16.1 (the Court requires inclusion of asterisked items (h)(ii), h(iii), (k), (l), and (m)), along with all motions in limine.  The parties should not file boilerplate motions in limine; counsel should confer prior to the filing of such motions in a genuine effort to narrow the evidentiary issues to those that are actually contested. 

When filing their proposed final pretrial order and motions in limine, the parties should also submit to Judge Alonso's courtroom deputy in Room 1908 three courtesy copies of the proposed final pretrial order, three sets of their trial exhibits, and three sets of their motions in limine, which should be bound and tabbed.  Judge Alonso needs three copies of all trial related documents.

Parties are required to file a proposed final pretrial order that contains the items set forth in the final pretrial order form appended to Local Rule 16.1 (the Court requires inclusion of asterisked items (h)(ii), h(iii), (k), (l), and (m)), along with all motions in limine.  The parties should not file boilerplate motions in limine; counsel should confer prior to the filing of such motions in a genuine effort to narrow the evidentiary issues to those that are actually contested. 

When filing their proposed final pretrial order and motions in limine, the parties should also submit to Judge Alonso's courtroom deputy in Room 1908 three courtesy copies of the proposed final pretrial order, three sets of their trial exhibits, and three sets of their motions in limine, which should be bound and tabbed.  Judge Alonso needs three copies of all trial related documents.

Click here for general information regarding Pro Se Litigants.

Individuals who make the serious decision to represent themselves are referred to by the Court as pro se litigants. 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 having a personal attorney, however. 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

Please also refer to the following links for additional resources and information:

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

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

The following links provide information that may be useful for appointed attorneys:

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

Click here for general information regarding Pro Se Litigants.

Individuals who make the serious decision to represent themselves are referred to by the Court as pro se litigants. 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 having a personal attorney, however. 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

Please also refer to the following links for additional resources and information:

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

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

The following links provide information that may be useful for appointed attorneys:

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

Proposed orders submitted in conjunction with a motion are not to be filed (except for proposed protective orders, which should be attached as redlined exhibits to motions for entry of protective orders and submitted in non-redlined version to the proposed order e-mail box).  Rather, they are to be e-mailed to the court at Proposed_Order_Alonso@ilnd.uscourts.gov in Word format (please do not submit PDF files to the court's proposed order e-mail box).  The subject line of the e-mail must contain the case name and number, the docket number of any motion corresponding to the proposed order, and the title of the proposed order.  However, such proposed orders should not have the word “proposed” in their titles, and they should be served on all parties.  Upon receipt, the court will consider, modify, and if appropriate, electronically enter a final order. Proposed orders submitted in conjunction with a motion are not to be filed (except for proposed protective orders, which should be attached as redlined exhibits to motions for entry of protective orders and submitted in non-redlined version to the proposed order e-mail box).  Rather, they are to be e-mailed to the court at Proposed_Order_Alonso@ilnd.uscourts.gov in Word format (please do not submit PDF files to the court's proposed order e-mail box).  The subject line of the e-mail must contain the case name and number, the docket number of any motion corresponding to the proposed order, and the title of the proposed order.  However, such proposed orders should not have the word “proposed” in their titles, and they should be served on all parties.  Upon receipt, the court will consider, modify, and if appropriate, electronically enter a final order.

Parties who request entry of an order to preserve the confidentiality of material disclosed in discovery shall do so by motion.  Counsel must attach the proposed order to the motion as an exhibit and base the proposed order on the Model Confidentiality Order contained in the Local Rules. Counsel should add the bracketed language to or delete it from the Model Confidentiality Order as appropriate for a specific case.  Any other changes to the Model Confidentiality Order that the parties propose must be shown by redlining that indicates both the deletions and additions to the model text.  Counsel should also include brief comments with any proposed changes explaining why the changes are sought.  Counsel should also submit the proposed protective order to the court's proposed order e-mail box at Proposed_Order_Alonso@ilnd.uscourts.gov in non-redlined Word format.  Please do not submit PDF files to the court's proposed order e-mail box.   The subject line of the e-mail must contain the case name and number, the docket number of the motion, and the title of the proposed order. 

Parties who request entry of an order to preserve the confidentiality of material disclosed in discovery shall do so by motion.  Counsel must attach the proposed order to the motion as an exhibit and base the proposed order on the Model Confidentiality Order contained in the Local Rules. Counsel should add the bracketed language to or delete it from the Model Confidentiality Order as appropriate for a specific case.  Any other changes to the Model Confidentiality Order that the parties propose must be shown by redlining that indicates both the deletions and additions to the model text.  Counsel should also include brief comments with any proposed changes explaining why the changes are sought.  Counsel should also submit the proposed protective order to the court's proposed order e-mail box at Proposed_Order_Alonso@ilnd.uscourts.gov in non-redlined Word format.  Please do not submit PDF files to the court's proposed order e-mail box.   The subject line of the e-mail must contain the case name and number, the docket number of the motion, and the title of the proposed order. 

Presumably to address the concerns raised by the Seventh Circuit Court of Appeals in Damasco v. Clearwire Corp., 662 F.3d 891, 897 (7th Cir. 2011), overruled by Chapman v. First Index, Inc., 2015 WL 4652878 (7th Cir. Aug. 6, 2015), in many putative class action cases, plaintiffs file class certification motions contemporaneously with their complaint. Consideration of such motions at that early stage is premature. Accordingly, the court asks that the parties consider entering into a stipulation that would obviate the need for the parties to address the premature motion for class certification.
Presumably to address the concerns raised by the Seventh Circuit Court of Appeals in Damasco v. Clearwire Corp., 662 F.3d 891, 897 (7th Cir. 2011), overruled by Chapman v. First Index, Inc., 2015 WL 4652878 (7th Cir. Aug. 6, 2015), in many putative class action cases, plaintiffs file class certification motions contemporaneously with their complaint. Consideration of such motions at that early stage is premature. Accordingly, the court asks that the parties consider entering into a stipulation that would obviate the need for the parties to address the premature motion for class certification.

The parties are required to exchange pre-settlement conference letters and provide copies of these letters to the court.  Plaintiff’s letter is due at least 14 days prior to the settlement conference, and defendant’s letter is due seven days prior to the conference. Plaintiff’s letter should describe the nature of the action and the theory of liability and provide an itemization of damages and plaintiff’s demand, including an explanation for the demand.  Defendant’s letter should describe the theory of defense and the defendant’s settlement offer, including an explanation for the offer. It should also identify the points in plaintiff’s letter with which defendant agrees and disagrees. Each party should email a copy of its letter to Judge Alonso at Proposed_Order_Alonso@ilnd.uscourts.gov on the same day that it is provided to opposing counsel. Do not file the letters with the Clerk’s Office.

Individuals with full and complete authority to settle on behalf of the parties must attend the settlement conference in person.  This means that if a party is an individual, that individual must personally attend; if a party is a corporation or governmental entity, a representative of that corporation or governmental entity (other than counsel of record) with full and complete settlement authority must personally attend. “Full and complete settlement authority” means the authority to negotiate and agree to a binding settlement agreement at any level up to the settlement proposal of the plaintiff.  If a party requires approval by an insurer to settle, then a representative of the insurer with full and complete settlement authority must attend. The parties are required to exchange pre-settlement conference letters and provide copies of these letters to the court.  Plaintiff’s letter is due at least 14 days prior to the settlement conference, and defendant’s letter is due seven days prior to the conference. Plaintiff’s letter should describe the nature of the action and the theory of liability and provide an itemization of damages and plaintiff’s demand, including an explanation for the demand.  Defendant’s letter should describe the theory of defense and the defendant’s settlement offer, including an explanation for the offer. It should also identify the points in plaintiff’s letter with which defendant agrees and disagrees. Each party should email a copy of its letter to Judge Alonso at Proposed_Order_Alonso@ilnd.uscourts.gov on the same day that it is provided to opposing counsel. Do not file the letters with the Clerk’s Office.

Individuals with full and complete authority to settle on behalf of the parties must attend the settlement conference in person.  This means that if a party is an individual, that individual must personally attend; if a party is a corporation or governmental entity, a representative of that corporation or governmental entity (other than counsel of record) with full and complete settlement authority must personally attend. “Full and complete settlement authority” means the authority to negotiate and agree to a binding settlement agreement at any level up to the settlement proposal of the plaintiff.  If a party requires approval by an insurer to settle, then a representative of the insurer with full and complete settlement authority must attend.

Prior to submitting a proposed order of dismissal pursuant to settlement, counsel should review the following Seventh Circuit cases, which discuss the retention of federal jurisdiction to enforce the terms of a settlement agreement:  Blue Cross & Blue Shield Ass’n v. American Express Co., 467 F.3d 634 (7th Cir. 2006), and Shapo v. Engle, 463 F.3d 641 (7th Cir. 2006).  The parties may also wish to review the following article:  “What’s an Attorney to Do    Ensuring Federal Jurisdiction Over Settlement Agreements in Light of Recent Seventh Circuit Cases,” by Judge Denlow (Ret.), which may be accessed here. Prior to submitting a proposed order of dismissal pursuant to settlement, counsel should review the following Seventh Circuit cases, which discuss the retention of federal jurisdiction to enforce the terms of a settlement agreement:  Blue Cross & Blue Shield Ass’n v. American Express Co., 467 F.3d 634 (7th Cir. 2006), and Shapo v. Engle, 463 F.3d 641 (7th Cir. 2006).  The parties may also wish to review the following article:  “What’s an Attorney to Do    Ensuring Federal Jurisdiction Over Settlement Agreements in Light of Recent Seventh Circuit Cases,” by Judge Denlow (Ret.), which may be accessed here.

Judge Alonso adheres to the following schedule for briefing Social Security cases brought under 42 U.S.C. § 405(g) unless otherwise ordered:

(a) Plaintiff’s brief in support of reversing or remanding the decision subject to review is due within 60 days of the filing of the administrative record (no motion required).

(b) The Social Security Administration’s motion to affirm the decision subject to review and its brief in support are due 45 days after plaintiff’s brief is filed.

(c) Plaintiff's reply brief, if any, is due 14 days after the Social Security Administration's brief is filed.

Judge Alonso adheres to the following schedule for briefing Social Security cases brought under 42 U.S.C. § 405(g) unless otherwise ordered:

(a) Plaintiff’s brief in support of reversing or remanding the decision subject to review is due within 60 days of the filing of the administrative record (no motion required).

(b) The Social Security Administration’s motion to affirm the decision subject to review and its brief in support are due 45 days after plaintiff’s brief is filed.

(c) Plaintiff's reply brief, if any, is due 14 days after the Social Security Administration's brief is filed.

Motions for summary judgment and responses must comply with Local Rule 56.1.  The court expects strict compliance with the Local Rules on summary judgment.  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 Modrowski v. Pigatto, 712 F.3d 1166, 1169 (7th Cir. 2013); Keeton v. Morningstar, Inc., 667 F.3d 877, 884 (7th Cir. 2012). 

The statements of undisputed material fact and responses shall be filed separately from the memoranda of law and shall include the line, paragraph, or page number where the supporting material may be found in the record.  Courtesy copies of exhibits to summary judgment motions should be tabbed for easy access.  In complex cases, the court may request that the parties submit a timeline of events in addition to the statements of undisputed material fact.

PLEASE NOTE:  If a party contends that its opponent has included inadmissible evidence, improper argument, or other objectionable material in a Local Rule 56.1 submission, the party typically should raise in its response or reply brief (and not in a separate motion to strike) its argument that the court should not consider such material.

If cross-motions for summary judgment are to be filed, the following briefing schedule will apply unless otherwise ordered.  Defendant's summary judgment motion will be due on the dispositive motion filing deadline.  Plaintiff's combined cross-motion and response to defendant's motion shall be due four (4) weeks thereafter.  Defendant's combined reply in support of its motion and response to plaintiff's cross-motion shall be due four (4) weeks thereafter.  Plaintiff's reply in support of its cross-motion shall be due two (2) weeks thereafter.   Each successive due date shall be measured from the date of the previous filing.  Ruling will be electronic.  Failure to coordinate and/or adhere to these instructions may result in striking of motions. 
 
Motions for summary judgment and responses must comply with Local Rule 56.1.  The court expects strict compliance with the Local Rules on summary judgment.  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 Modrowski v. Pigatto, 712 F.3d 1166, 1169 (7th Cir. 2013); Keeton v. Morningstar, Inc., 667 F.3d 877, 884 (7th Cir. 2012). 

The statements of undisputed material fact and responses shall be filed separately from the memoranda of law and shall include the line, paragraph, or page number where the supporting material may be found in the record.  Courtesy copies of exhibits to summary judgment motions should be tabbed for easy access.  In complex cases, the court may request that the parties submit a timeline of events in addition to the statements of undisputed material fact.

PLEASE NOTE:  If a party contends that its opponent has included inadmissible evidence, improper argument, or other objectionable material in a Local Rule 56.1 submission, the party typically should raise in its response or reply brief (and not in a separate motion to strike) its argument that the court should not consider such material.

If cross-motions for summary judgment are to be filed, the following briefing schedule will apply unless otherwise ordered.  Defendant's summary judgment motion will be due on the dispositive motion filing deadline.  Plaintiff's combined cross-motion and response to defendant's motion shall be due four (4) weeks thereafter.  Defendant's combined reply in support of its motion and response to plaintiff's cross-motion shall be due four (4) weeks thereafter.  Plaintiff's reply in support of its cross-motion shall be due two (2) weeks thereafter.   Each successive due date shall be measured from the date of the previous filing.  Ruling will be electronic.  Failure to coordinate and/or adhere to these instructions may result in striking of motions. 
 

Parties submitting deposition testimony in support of or in opposition to summary judgment motions are to file with their briefs the entire transcript(s) of deposition testimony submitted in support of their respective positions, preferably in the condensed transcript format where multiple deposition transcript pages are reduced to one page.  All of the deposition exhibits should be attached as well.   Parties submitting deposition testimony in support of or in opposition to summary judgment motions are to file with their briefs the entire transcript(s) of deposition testimony submitted in support of their respective positions, preferably in the condensed transcript format where multiple deposition transcript pages are reduced to one page.  All of the deposition exhibits should be attached as well.  

Attorneys scheduled for trial are required to contact Alexander Zeier, (312) 435-6045, to arrange for training on the courtroom technology system at least seven days prior to trial.  Trial attorneys are expected to be proficient in the use of the technology during the trial. Attorneys scheduled for trial are required to contact Alexander Zeier, (312) 435-6045, to arrange for training on the courtroom technology system at least seven days prior to trial.  Trial attorneys are expected to be proficient in the use of the technology during the trial.

 

At least one week before a criminal trial, the parties will be scheduled to appear for a pretrial conference. The Defendant(s) must be present for the conference unless his presence is waived at a prior court proceeding.

I.  Final Pretrial Submissions

The following should be filed five business days before the conference, unless otherwise indicated:

1. Agreed Statement of the Case.

The Court will read this statement to the jury during voir dire.

2. Witness Lists.

Separate lists for each side, noting witnesses who will be called to testify and witnesses who may be called to testify

For each witness, provide a concise (2 or 3 sentences maximum) description of the witness’s role in the case.

The Court will read the names of witnesses on these lists during jury selection.

3. Exhibit Lists.

A list, by each side, of all exhibits the party will definitely use at trial (including demonstratives, summaries or other specially prepared exhibits), which includes the following:

a.         the exhibit number for each document;

b.         the date of the document;

c.         a brief description of the document and a concise statement of the exhibit’s relevance;

d.         whether there is an objection to admission of the document and, if so, a concise statement of the basis for the objection

                  (e.g., Rule    403—undue prejudice or confusion; Rule 802—hearsay); and

e.         a concise statement of the asserted basis of admissibility, if there is an objection.

At least one week before the pretrial conference, the parties must provide the court with three sets of exhibit binders containing copies of the objected-to representative exhibits.  After the pretrial conference and rulings on exhibits, three binders of the final exhibits will be required to be given to the Court no later than the day before trial. Each binder should also include a summary checklist page for the Court to track admission of exhibits during trial.

Note: There is no need to list every conceivable exhibit that can possibly be used. The parties should submit a list of trial exhibits they definitely intend to introduce. Exhibits not likely to be used need not be listed. If, due to unforeseen circumstances during trial a party wishes to introduce an exhibit not previously listed, notice should be given as soon as possible to the opposing side and to the Court so that any objections can be discussed. Absent abuse of this process, an exhibit will not be deemed inadmissible simply because it was not included on the original exhibit list, provided the exhibit/document was earlier produced to the opposing side during discovery.

4. Motions in Limine.

The parties are directed to meet and confer on all motions in limine before filing them and determine which motions, if any, are unopposed and do not need to be filed.

Unless otherwise ordered, all motions in limine must be filed three weeks before the final pre-trial conference. Responses are due one week before the the final pre-trial conference. No replies should be filed.  Parties filing multiple motions in limine should submit their initial motions and the supporting exhibits in one document for the Court. Responses should also be submitted in one document.

5. Voir Dire Questions.

To the extent possible, the Court prefers that most questions asked of potential jurors be included in a written questionnaire (of no more than two pages) as it encourages reflection and candor. Sample questions are provided below in section II.1 addressing jury selection procedures. To propose questions that should be included in the written questionnaire distributed to the venire, as well as questions the Court should ask orally, the parties must file a joint document that includes both: (1) joint questions in the form of a questionnaire; (2) a list of questions to be asked orally; and (3) proposed questions to which one party objects, and a short basis for the objection.

6. Jury Instructions.

The parties are instructed to meet and attempt to agree on jury instructions and to file proposed instructions before the final pre-trial conference. The Court uses the 7th Circuit Pattern Jury Instructions where applicable, bearing in mind that statutory and binding case law govern over the pattern instructions.

See Pattern Criminal Jury Instructions

If the parties wish to modify a 7th Circuit Pattern Jury Instruction, the party proposing the modification must submit a redline to the Court showing the modification to the pattern instruction. The parties should concentrate their efforts on the substantive jury instructions related to the merits.

Each proposed instruction must indicate the proponent of the instruction and whether the instruction is agreed or disputed. The bottom of each instruction must identify the legal authority supporting the instruction. If an instruction is disputed, the grounds for the objection (and any proposed modification or alternate instruction) must be concisely stated on the same page immediately following the disputed instruction. The party proposing the instruction may then state concisely the reasons supporting the instruction as proposed.

7. Evidence Projection Systems.

Judge Alonso’s courtroom (1903) is equipped with a digital evidence projection system. The Court expects trial counsel to use this system. As early as possible prior to trial (not less than four weeks), counsel should contact Alexander Zeier, the Courtroom Technology Administrator, to schedule a training session. Mr. Zeier can be reached at (312) 435-6045.

II.  Additional Pretrial Information

(1) Instructions for Trial Counsel: Please Read Carefully

Your compliance with the following requests will be greatly appreciated:

(i) Please be on time for each court session. Trial engagements take precedence over any other business. If you have matters in other courtrooms, arrange in advance to have them continued or have a colleague handle them for you.

(ii) Court time may not be used for marking exhibits. This must be done in advance of the court session.

(iii) Please stand whenever you address the court. This includes the making of objections.

(iv) Please speak into the microphone whenever speaking on the record in court. A portable microphone is available if counsel wishes to move away from the stationary microphones.

(v) In your opening statement to the jury, do not argue the case.

(vi) Please stand when you question witnesses. (Counsel with physical disabilities will be excused from this requirement.)

(vii) On direct examination, if you intend to question a witness about a group of documents, avoid delay by having all the documents given to the witness when you start the examination.

(viii) When you object in the presence of the jury, make your objection short and to the point. Do not argue the objection in the presence of the jury, and do not argue with the ruling of the court in the presence of the jury. Such matters may be raised at the first recess and will not be waived by waiting until the recess.

(ix) Do not ask the court in the presence of the jury to declare that a witness is qualified as an expert or qualified to express an expert opinion.

(x) Counsel are not permitted to contact jurors after trial without permission of the Court.

Thank you in advance for your cooperation.

(2) Final Pretrial Conference Topics

The following is a list of topics Judge Alonso will address during the final pre-trial conference. Counsel need only be prepared to discuss the topics that are also referenced in the final pretrial order. The remaining topics in the list below reference particular practices Judge Alonso will explain during the final pre-trial conference.

1.         voir dire

2.         written juror questionnaire

3.         jury lists – alphabetical and random agreed

4.         statement of case – short enough to fit on letter to jurors

5.         motions in limine – agreed matters and preparation of order on rulings

6.         exhibits: (i) pre-mark all; (ii) stipulate to as many as possible; (iii) seek admission outside jury’s presence; (iv) must be admitted before displayed on screen

7.         demonstratives and visual aids.

8.         trial day

9.         elevators

10.       sidebars

11.       trial technology – make sure to test it outside the presence of the jury

12.       preliminary instructions before opening

13.       instructions before closing (can project on screen)

14.       note pads

15.       can always approach witness without permission

16.       no speaking objections, unless requested 

17.       talking to jury after verdict

 

At least one week before a criminal trial, the parties will be scheduled to appear for a pretrial conference. The Defendant(s) must be present for the conference unless his presence is waived at a prior court proceeding.

I.  Final Pretrial Submissions

The following should be filed five business days before the conference, unless otherwise indicated:

1. Agreed Statement of the Case.

The Court will read this statement to the jury during voir dire.

2. Witness Lists.

Separate lists for each side, noting witnesses who will be called to testify and witnesses who may be called to testify

For each witness, provide a concise (2 or 3 sentences maximum) description of the witness’s role in the case.

The Court will read the names of witnesses on these lists during jury selection.

3. Exhibit Lists.

A list, by each side, of all exhibits the party will definitely use at trial (including demonstratives, summaries or other specially prepared exhibits), which includes the following:

a.         the exhibit number for each document;

b.         the date of the document;

c.         a brief description of the document and a concise statement of the exhibit’s relevance;

d.         whether there is an objection to admission of the document and, if so, a concise statement of the basis for the objection

                  (e.g., Rule    403—undue prejudice or confusion; Rule 802—hearsay); and

e.         a concise statement of the asserted basis of admissibility, if there is an objection.

At least one week before the pretrial conference, the parties must provide the court with three sets of exhibit binders containing copies of the objected-to representative exhibits.  After the pretrial conference and rulings on exhibits, three binders of the final exhibits will be required to be given to the Court no later than the day before trial. Each binder should also include a summary checklist page for the Court to track admission of exhibits during trial.

Note: There is no need to list every conceivable exhibit that can possibly be used. The parties should submit a list of trial exhibits they definitely intend to introduce. Exhibits not likely to be used need not be listed. If, due to unforeseen circumstances during trial a party wishes to introduce an exhibit not previously listed, notice should be given as soon as possible to the opposing side and to the Court so that any objections can be discussed. Absent abuse of this process, an exhibit will not be deemed inadmissible simply because it was not included on the original exhibit list, provided the exhibit/document was earlier produced to the opposing side during discovery.

4. Motions in Limine.

The parties are directed to meet and confer on all motions in limine before filing them and determine which motions, if any, are unopposed and do not need to be filed.

Unless otherwise ordered, all motions in limine must be filed three weeks before the final pre-trial conference. Responses are due one week before the the final pre-trial conference. No replies should be filed.  Parties filing multiple motions in limine should submit their initial motions and the supporting exhibits in one document for the Court. Responses should also be submitted in one document.

5. Voir Dire Questions.

To the extent possible, the Court prefers that most questions asked of potential jurors be included in a written questionnaire (of no more than two pages) as it encourages reflection and candor. Sample questions are provided below in section II.1 addressing jury selection procedures. To propose questions that should be included in the written questionnaire distributed to the venire, as well as questions the Court should ask orally, the parties must file a joint document that includes both: (1) joint questions in the form of a questionnaire; (2) a list of questions to be asked orally; and (3) proposed questions to which one party objects, and a short basis for the objection.

6. Jury Instructions.

The parties are instructed to meet and attempt to agree on jury instructions and to file proposed instructions before the final pre-trial conference. The Court uses the 7th Circuit Pattern Jury Instructions where applicable, bearing in mind that statutory and binding case law govern over the pattern instructions.

See Pattern Criminal Jury Instructions

If the parties wish to modify a 7th Circuit Pattern Jury Instruction, the party proposing the modification must submit a redline to the Court showing the modification to the pattern instruction. The parties should concentrate their efforts on the substantive jury instructions related to the merits.

Each proposed instruction must indicate the proponent of the instruction and whether the instruction is agreed or disputed. The bottom of each instruction must identify the legal authority supporting the instruction. If an instruction is disputed, the grounds for the objection (and any proposed modification or alternate instruction) must be concisely stated on the same page immediately following the disputed instruction. The party proposing the instruction may then state concisely the reasons supporting the instruction as proposed.

7. Evidence Projection Systems.

Judge Alonso’s courtroom (1903) is equipped with a digital evidence projection system. The Court expects trial counsel to use this system. As early as possible prior to trial (not less than four weeks), counsel should contact Alexander Zeier, the Courtroom Technology Administrator, to schedule a training session. Mr. Zeier can be reached at (312) 435-6045.

II.  Additional Pretrial Information

(1) Instructions for Trial Counsel: Please Read Carefully

Your compliance with the following requests will be greatly appreciated:

(i) Please be on time for each court session. Trial engagements take precedence over any other business. If you have matters in other courtrooms, arrange in advance to have them continued or have a colleague handle them for you.

(ii) Court time may not be used for marking exhibits. This must be done in advance of the court session.

(iii) Please stand whenever you address the court. This includes the making of objections.

(iv) Please speak into the microphone whenever speaking on the record in court. A portable microphone is available if counsel wishes to move away from the stationary microphones.

(v) In your opening statement to the jury, do not argue the case.

(vi) Please stand when you question witnesses. (Counsel with physical disabilities will be excused from this requirement.)

(vii) On direct examination, if you intend to question a witness about a group of documents, avoid delay by having all the documents given to the witness when you start the examination.

(viii) When you object in the presence of the jury, make your objection short and to the point. Do not argue the objection in the presence of the jury, and do not argue with the ruling of the court in the presence of the jury. Such matters may be raised at the first recess and will not be waived by waiting until the recess.

(ix) Do not ask the court in the presence of the jury to declare that a witness is qualified as an expert or qualified to express an expert opinion.

(x) Counsel are not permitted to contact jurors after trial without permission of the Court.

Thank you in advance for your cooperation.

(2) Final Pretrial Conference Topics

The following is a list of topics Judge Alonso will address during the final pre-trial conference. Counsel need only be prepared to discuss the topics that are also referenced in the final pretrial order. The remaining topics in the list below reference particular practices Judge Alonso will explain during the final pre-trial conference.

1.         voir dire

2.         written juror questionnaire

3.         jury lists – alphabetical and random agreed

4.         statement of case – short enough to fit on letter to jurors

5.         motions in limine – agreed matters and preparation of order on rulings

6.         exhibits: (i) pre-mark all; (ii) stipulate to as many as possible; (iii) seek admission outside jury’s presence; (iv) must be admitted before displayed on screen

7.         demonstratives and visual aids.

8.         trial day

9.         elevators

10.       sidebars

11.       trial technology – make sure to test it outside the presence of the jury

12.       preliminary instructions before opening

13.       instructions before closing (can project on screen)

14.       note pads

15.       can always approach witness without permission

16.       no speaking objections, unless requested 

17.       talking to jury after verdict

Plaintiffs in cases alleging counterfeit products and joining many defendants (also known as Schedule A cases) should use the template proposed orders linked below to assist the Court in reviewing motions for: (1) temporary restraining orders; (2) preliminary injunctions; and (3) default judgments. Plaintiffs should create a redline comparison of their proposed order against the relevant template and submit that redline comparison along with their proposed order to the Court's proposed-order email box. A proposed order's conformity with the template does not imply that the associated motion will be granted. Plaintiffs should be prepared to explain any differences between their proposed orders and the templates.

Judge Alonso will presumptively require a bond of $1,000 per defendant. Plaintiffs should inform the Court of any circumstances that make such a bond inappropriate.

Temporary Restraining Order Template
Preliminary Injunction Template
Default Judgment Template

Plaintiffs in cases alleging counterfeit products and joining many defendants (also known as Schedule A cases) should use the template proposed orders linked below to assist the Court in reviewing motions for: (1) temporary restraining orders; (2) preliminary injunctions; and (3) default judgments. Plaintiffs should create a redline comparison of their proposed order against the relevant template and submit that redline comparison along with their proposed order to the Court's proposed-order email box. A proposed order's conformity with the template does not imply that the associated motion will be granted. Plaintiffs should be prepared to explain any differences between their proposed orders and the templates.

Judge Alonso will presumptively require a bond of $1,000 per defendant. Plaintiffs should inform the Court of any circumstances that make such a bond inappropriate.

Temporary Restraining Order Template
Preliminary Injunction Template
Default Judgment Template