The Court will not hear or consider any discovery motions unless the parties have complied with the meet and confer requirement under Local Rule 37.2 and (if applicable) the terms of any Scheduling Order entered by this Court.  In any discovery motion, the motion shall 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, other than in exceptional circumstances, communication that takes place face to face or by telephone.  The exchange of correspondence will not normally be sufficient to comply with Local Rule 37.2.

The Court will not hear or consider any discovery motions unless the parties have complied with the meet and confer requirement under Local Rule 37.2 and (if applicable) the terms of any Scheduling Order entered by this Court.  In any discovery motion, the motion shall 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, other than in exceptional circumstances, communication that takes place face to face or by telephone.  The exchange of correspondence will not normally be sufficient to comply with Local Rule 37.2.

Before requesting entry of a protective order to preserve the confidentiality of materials disclosed in discovery, counsel shall carefully review the following:

1. Fed. R. Civ. P. 26(c), L.R. 26.2, and Form L.R. 26.2;
 
2. The decisions of the Seventh Circuit in Jepson, Inc. v. Makita Electric Works, Ltd., 30 F.3d 854 (7th Cir. 1994), Citizens First Nat’l Bank v. Cincinnati Ins. Co., 178 F.3d 943 (7th Cir. 1999), and Union Oil Co. v. Leavell, 220 F.3d 562 (7th Cir. 2000); and

 In preparing a protective order, the parties should refer to General Order 12-0018 (Model Confidentiality Order).  To the extent the parties submit a confidentiality order that differs from the Court’s Model Confidentiality Order, they shall submit an original and red-lined version to Judge Cummings' Proposed Order email address (see submitting a Proposed Order, Agreed or Otherwise, for Electronic Entry by the Judge).

All proposed protective orders, even if agreed, must comply with the requirements set forth by the Seventh Circuit.  Specifically, all protective orders must include, inter alia, a carefully-drafted definition of the materials to be protected, with an explanation of why these documents are entitled to protection, consistent with the Seventh Circuit’s descriptions of what is protectable; and an explicit procedure under which a party or interested member of the public can challenge the confidential designation of particular documents.

Filing Material Under Seal

Under Local Rule 26.2, no documents may be filed under seal without a prior order of the Court specifying the particular document to be filed. 

If documents are to be filed under seal, the Motion to File Under Seal must demonstrate good cause by including a specific description of each document or categories of documents that the party seeks to file under seal and explaining why confidentiality is necessary, including citations to supporting authority.  The motion shall also discuss the relevance of the information to the litigation. Information important to the litigation is less likely to be subject to confidentiality restrictions.  See Baxter Intern., Inc. v. Abbott Laboratories, 297 F.3d 544, 546 (7th Cir. 2002) (stating "very few categories of documents are kept confidential once their bearing on the merits of a suit has been revealed."); Union Oil Co. of California v. Leavell, 220 F.3d 562, 567 (7th Cir. 2000) (recognizing that an executive’s salary would not be entitled to confidential treatment "if a dispute erupted about payment (or termination).")

The Court generally will not approve the filing of entire pleadings or briefs under seal.  See Pepsico, Inc.v. Redmond, 46 F.3d 29 (7th Cir. 1995) and In the Matter of Grand Jury, 983 F.2d 74 (7th Cir. 1992).  Parties must file public pleadings and briefs but may file sealed supplements if necessary to discuss in detail confidential materials, if the Court approves the filing of a sealed supplement.

Use of Medical Records in Litigation

The Court reminds counsel that the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its regulations create a procedure for obtaining authority to use medical records in litigation, including requesting a qualified protective order. 45 C.F. R. § 164.512(e).  A "qualified protective order" means an order that: (1) prohibits the parties from using or disclosing the protected health information for any purpose other than the litigation for which such information was requested and (2) requires the return to the covered entity or destruction of the protected health information (including all copies made) at the end of the litigation. 45 C.F.R. § 164.512(e)(1)(v). 

Example of a HIPAA Protective Order

Before requesting entry of a protective order to preserve the confidentiality of materials disclosed in discovery, counsel shall carefully review the following:

1. Fed. R. Civ. P. 26(c), L.R. 26.2, and Form L.R. 26.2;
 
2. The decisions of the Seventh Circuit in Jepson, Inc. v. Makita Electric Works, Ltd., 30 F.3d 854 (7th Cir. 1994), Citizens First Nat’l Bank v. Cincinnati Ins. Co., 178 F.3d 943 (7th Cir. 1999), and Union Oil Co. v. Leavell, 220 F.3d 562 (7th Cir. 2000); and

 In preparing a protective order, the parties should refer to General Order 12-0018 (Model Confidentiality Order).  To the extent the parties submit a confidentiality order that differs from the Court’s Model Confidentiality Order, they shall submit an original and red-lined version to Judge Cummings' Proposed Order email address (see submitting a Proposed Order, Agreed or Otherwise, for Electronic Entry by the Judge).

All proposed protective orders, even if agreed, must comply with the requirements set forth by the Seventh Circuit.  Specifically, all protective orders must include, inter alia, a carefully-drafted definition of the materials to be protected, with an explanation of why these documents are entitled to protection, consistent with the Seventh Circuit’s descriptions of what is protectable; and an explicit procedure under which a party or interested member of the public can challenge the confidential designation of particular documents.

Filing Material Under Seal

Under Local Rule 26.2, no documents may be filed under seal without a prior order of the Court specifying the particular document to be filed. 

If documents are to be filed under seal, the Motion to File Under Seal must demonstrate good cause by including a specific description of each document or categories of documents that the party seeks to file under seal and explaining why confidentiality is necessary, including citations to supporting authority.  The motion shall also discuss the relevance of the information to the litigation. Information important to the litigation is less likely to be subject to confidentiality restrictions.  See Baxter Intern., Inc. v. Abbott Laboratories, 297 F.3d 544, 546 (7th Cir. 2002) (stating "very few categories of documents are kept confidential once their bearing on the merits of a suit has been revealed."); Union Oil Co. of California v. Leavell, 220 F.3d 562, 567 (7th Cir. 2000) (recognizing that an executive’s salary would not be entitled to confidential treatment "if a dispute erupted about payment (or termination).")

The Court generally will not approve the filing of entire pleadings or briefs under seal.  See Pepsico, Inc.v. Redmond, 46 F.3d 29 (7th Cir. 1995) and In the Matter of Grand Jury, 983 F.2d 74 (7th Cir. 1992).  Parties must file public pleadings and briefs but may file sealed supplements if necessary to discuss in detail confidential materials, if the Court approves the filing of a sealed supplement.

Use of Medical Records in Litigation

The Court reminds counsel that the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its regulations create a procedure for obtaining authority to use medical records in litigation, including requesting a qualified protective order. 45 C.F. R. § 164.512(e).  A "qualified protective order" means an order that: (1) prohibits the parties from using or disclosing the protected health information for any purpose other than the litigation for which such information was requested and (2) requires the return to the covered entity or destruction of the protected health information (including all copies made) at the end of the litigation. 45 C.F.R. § 164.512(e)(1)(v). 

Example of a HIPAA Protective Order

Proposed Orders are technically not to be "filed."  Rather, they are to be "submitted" to the judge to consider, to modify, if appropriate, and to enter electronically.  For example, proposed orders such as stipulated protective orders require court approval before actually being given full effect.  To prevent confusion, such proposed orders must be attached to an e-mail sent to the e-mail address of the assigned judge, Proposed_Order_Cummings@ilnd.uscourts.gov.  The subject line of the e-mail must include the case number and name, the docket number of the corresponding motion, if any, and the title of the order that is proposed.  All such documents must be submitted to the court in a format compatible with Microsoft Word, which is a "Save As" option in most word processing software.  Such proposed orders should also be served on all parties.

Proposed Orders are technically not to be "filed."  Rather, they are to be "submitted" to the judge to consider, to modify, if appropriate, and to enter electronically.  For example, proposed orders such as stipulated protective orders require court approval before actually being given full effect.  To prevent confusion, such proposed orders must be attached to an e-mail sent to the e-mail address of the assigned judge, Proposed_Order_Cummings@ilnd.uscourts.gov.  The subject line of the e-mail must include the case number and name, the docket number of the corresponding motion, if any, and the title of the order that is proposed.  All such documents must be submitted to the court in a format compatible with Microsoft Word, which is a "Save As" option in most word processing software.  Such proposed orders should also be served on all parties.

The Court urges parties to undertake settlement negotiations at the earliest practicable point in the litigation.  It is this Court's standard practice to refer parties to the assigned Magistrate Judge to preside over settlement conferences.  Parties who desire a referral for a settlement conference should request one in open court or contact the Courtroom Deputy via e-mail at chez_chambers@ilnd.uscourts.gov. 

If circumstances suggest that it may be most productive for this Court to preside over a settlement conference, the Court may elect to do so with the parties' consent.  For settlement conferences proceeding before this Court, the parties must follow the procedures set forth in the Court's Standing Order for Settlement Conferences, available HERE.  

The Court urges parties to undertake settlement negotiations at the earliest practicable point in the litigation.  It is this Court's standard practice to refer parties to the assigned Magistrate Judge to preside over settlement conferences.  Parties who desire a referral for a settlement conference should request one in open court or contact the Courtroom Deputy via e-mail at chez_chambers@ilnd.uscourts.gov. 

If circumstances suggest that it may be most productive for this Court to preside over a settlement conference, the Court may elect to do so with the parties' consent.  For settlement conferences proceeding before this Court, the parties must follow the procedures set forth in the Court's Standing Order for Settlement Conferences, available HERE.  

Emergency matters must be of such a nature that a delay in hearing them would cause serious harm.  In the event a party seeks to present an emergency motion, that party must inform the Courtroom Deputy prior to filing the motion of the general nature of the motion and the reason that it requires emergency treatment, so that it can be determined if emergency treatment is appropriate.  A party seeking to present an emergency motion must make all reasonable efforts to provide the opposing party with actual notice of the motion and to ascertain whether there will be any objection to the motion.

Emergency matters must be of such a nature that a delay in hearing them would cause serious harm.  In the event a party seeks to present an emergency motion, that party must inform the Courtroom Deputy prior to filing the motion of the general nature of the motion and the reason that it requires emergency treatment, so that it can be determined if emergency treatment is appropriate.  A party seeking to present an emergency motion must make all reasonable efforts to provide the opposing party with actual notice of the motion and to ascertain whether there will be any objection to the motion.

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 and 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).

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 and 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).

In civil cases the parties may consent to have the assigned United States Magistrate Judge try the case. In many cases, consent to the Magistrate Judge offers significant efficiencies. The Court strongly encourages parties to consider this option. All counsel should discuss this option with their clients and opposing counsel.  The consent form is available HERE.  

In civil cases the parties may consent to have the assigned United States Magistrate Judge try the case. In many cases, consent to the Magistrate Judge offers significant efficiencies. The Court strongly encourages parties to consider this option. All counsel should discuss this option with their clients and opposing counsel.  The consent form is available HERE.  

All amended complaints must include as an exhibit a redline that reflects all changes. This requirement does not apply to pro se litigants. 

All amended complaints must include as an exhibit a redline that reflects all changes. This requirement does not apply to pro se litigants. 

Until further notice, parties need not notice motions for presentment.  Upon the filing of a contested motion, the Court will enter a minute order in due course either setting a motion hearing, setting a briefing schedule, or otherwise providing further direction to the parties.  

Before filing a motion, the movant's counsel must ask opposing counsel whether there is an objection to the motion and the motion should clearly indicate in the TITLE whether it is opposed or unopposed.  (This requirement does not apply to: motions to withdraw as counsel, motions to dismiss, motions to remand, and motions for summary judgment). 

If opposing counsel opposes the motion, the movant shall indicate in the motion whether opposing counsel intends to file a written response.  If so, the parties should discuss a briefing schedule and the movant shall include the proposed briefing schedule (or competing briefing schedules) in the motion itself.  

For motions to extend time, the movant must indicate whether the motion is opposed or unopposed and specify any prior extensions granted.  If the motion is opposed, the movant must include a statement from the opposing party indicating the specific grounds for their objection. 

Absent prior approval of the court, all briefs in support of or in opposition to any motion shall comply with the fifteen (15) page limit set forth in Local Rule 7.1.  Counsel shall cite to Westlaw citations for unpublished opinions, if available.  To the extent possible, briefs and other filings (such as Rule 56.1 statements of fact) should cite exhibits by the ECF docket number and page, not exhibit number.

All civil hearings will be held via telephone conference unless otherwise specified.  Dial-in information will be posted on the docket at least one day prior to the hearing.  

Until further notice, parties need not notice motions for presentment.  Upon the filing of a contested motion, the Court will enter a minute order in due course either setting a motion hearing, setting a briefing schedule, or otherwise providing further direction to the parties.  

Before filing a motion, the movant's counsel must ask opposing counsel whether there is an objection to the motion and the motion should clearly indicate in the TITLE whether it is opposed or unopposed.  (This requirement does not apply to: motions to withdraw as counsel, motions to dismiss, motions to remand, and motions for summary judgment). 

If opposing counsel opposes the motion, the movant shall indicate in the motion whether opposing counsel intends to file a written response.  If so, the parties should discuss a briefing schedule and the movant shall include the proposed briefing schedule (or competing briefing schedules) in the motion itself.  

For motions to extend time, the movant must indicate whether the motion is opposed or unopposed and specify any prior extensions granted.  If the motion is opposed, the movant must include a statement from the opposing party indicating the specific grounds for their objection. 

Absent prior approval of the court, all briefs in support of or in opposition to any motion shall comply with the fifteen (15) page limit set forth in Local Rule 7.1.  Counsel shall cite to Westlaw citations for unpublished opinions, if available.  To the extent possible, briefs and other filings (such as Rule 56.1 statements of fact) should cite exhibits by the ECF docket number and page, not exhibit number.

All civil hearings will be held via telephone conference unless otherwise specified.  Dial-in information will be posted on the docket at least one day prior to the hearing.  

All substantive case-related communication with the Court must be made on the record. All other communication (e.g., procedural questions) should be directed to Judge Cummings’ Courtroom Deputy, Chez Chambers, at (312) 435-6051 or chez_chambers@ilnd.uscourts.gov.  All parties must be copied on any case-related correspondence.

All substantive case-related communication with the Court must be made on the record. All other communication (e.g., procedural questions) should be directed to Judge Cummings’ Courtroom Deputy, Chez Chambers, at (312) 435-6051 or chez_chambers@ilnd.uscourts.gov.  All parties must be copied on any case-related correspondence.

Judge Cummings encourages attorneys and their clients to provide substantive speaking opportunities to less experienced attorneys during any of the Court’s proceedings, including motion and status hearings, oral argument, pretrial conferences, evidentiary hearings and trials. To that end, Judge Cummings may allow more than one attorney per side to speak during any proceeding.  Lead attorneys may not only confer with the newer attorney to suggest additional argument or examination questions, but they also may interject as reasonably necessary to deliver additional argument or even to conduct additional witness examination.

Judge Cummings encourages attorneys and their clients to provide substantive speaking opportunities to less experienced attorneys during any of the Court’s proceedings, including motion and status hearings, oral argument, pretrial conferences, evidentiary hearings and trials. To that end, Judge Cummings may allow more than one attorney per side to speak during any proceeding.  Lead attorneys may not only confer with the newer attorney to suggest additional argument or examination questions, but they also may interject as reasonably necessary to deliver additional argument or even to conduct additional witness examination.

Off-the-record Telephonic Conference

Properly prepared motions for summary judgment require considerable Court and attorney time and client expense. Sometimes such motions are unnecessarily filed. A careful examination of the record prior to filing may reveal contested factual issues making the granting of the motion impossible.

In many cases after fact discovery has closed, it is helpful for the Court to hold an informal, off-the-record discussion with the lead attorneys of the parties to discuss whether the filing of a summary judgment motion is advisable given the state of the record. No written submissions should be made prior to the conference. The party who wishes to seek summary judgment should be prepared to point out the uncontested facts that support the relief being sought, and the opposing party should be prepared to speak to whether in fact those facts are contested. This conference should be scheduled with the Courtroom Deputy before any substantive work is done preparing the motion. No party will ever be prevented from filing a dispositive motion, but the goal of the in-chambers conference is to have a careful, informed discussion of the issues before significant time and expense have been incurred.

In some cases, the Court may determine that an in-chambers conference would not be helpful.  Parties, however, should always inquire with the Court prior to filing a summary judgment motion.

Parties should consider Smith v. OSF HealthCare System, 933 F.3d 859 (7th Cir. 2019), before seeking leave to file a motion for summary judgment prior to the close of discovery.

Guidelines for Motions for Summary Judgment

The Court requires strict compliance with Local Rules 56.1(a) and 56.1(b) in the briefing of all summary judgment motions.  In addition, to assist the Court in reviewing the factual record submitted in connection with summary judgment motions, the Court requires the following:

All statements of undisputed material facts offered by the moving party under Local Rule 56.1(a)(2), or statements of additional facts offered by the opposing party under Local Rule 56.1(b)(3), must list the facts in short, numbered paragraphs that refrain from argument.  Argument must be reserved for the moving party’s memorandum of law.  Each numbered fact statement must contain a specific citation to affidavits, depositions or other materials that support the fact statement, as well as to the tab(s) in the compendium where those materials may be found.  Failure to provide support for a statement of fact may result in that alleged "fact" being disregarded.   Friend v. Valley View Community Unit School Dist. 365U, 789 F.3d 707, 710-11 (7th Cir. 2015).

All responses to statements of undisputed material facts offered by the opposing party under Local Rule 56.1(b)(2), or responses to statements of additional facts offered by the moving party under Local Rule 56.1(c)(2), shall be in a format similar to that used in answering a complaint: that is, the response must repeat each numbered paragraph of the fact statement, and then immediately following each numbered statement must state whether the alleged fact is "undisputed" or "disputed."  As with the fact statements submitted under Local Rules 56.1(a)(2) and 56.1(b)(2), the responses to those fact statements must refrain from argument.  The significance or lack of significance of a disputed or undisputed fact may be argued in the respondent’s legal memorandum.  If a particular fact is "undisputed," nothing more should be said in the response.  If a particular fact assertion is "disputed" in whole or in part, the response must state what part of the assertion is disputed and must contain a specific citation to the supporting affidavits, depositions or other materials as well as to the tab(s) in the compendium where those materials may be found.  Failure to provide support for an alleged fact dispute may result in that fact being deemed admitted.   Curtis v. Costco Wholesale Corp., 807 F.3d 215, 218-19 (7th Cir. 2015).

In accord with Local Rule 56.1(d)(5), absent prior leave of Court, a movant shall not file more than 80 separately numbered statements of undisputed material fact, and a party opposing a summary judgment motion shall not file more than 40 separately numbered statements of additional facts.  The Court reminds parties that the fact statements under Local Rule 56.1(a)(2) and Local Rule 56.1(b)(3) “must consist of concise numbered paragraphs.”

Deposition Testimony

Parties submitting deposition transcripts in support of or in opposition to summary judgment must file electronically the entire transcript for each deposition. Parties are not to submit the entire transcript with their courtesy copies, but only the excerpted pages referenced in the party's motion papers. If at all possible, deposition transcripts, whether submitted in their entirety or in excerpted form, should be submitted in the condensed transcript format where multiple deposition transcript pages are reduced to one page. All submissions to the Court should be printed on both sides of the paper and included the ECF heading.

Motions to Strike are Disfavored

Motions to strike are strongly disfavored.  See generally Custom Vehicles, Inc. v. Forest River, Inc., 464 F.3d 725, 727 (7th Cir. 2006).  They serve primarily as unauthorized vehicles for parties to expand the page limits for memoranda in support of their motions.  Motions to strike almost always would require the Court to decide significant issues (and, indeed, the underlying motion) on the merits and would multiply the briefs (because the other side should be allowed to respond).  Id. at 727. 

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 (governing summary judgment).  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.  Motions to strike that are not within the limited boundaries established by Fed. R. Civ. P. 12(f) may be summarily denied.

Off-the-record Telephonic Conference

Properly prepared motions for summary judgment require considerable Court and attorney time and client expense. Sometimes such motions are unnecessarily filed. A careful examination of the record prior to filing may reveal contested factual issues making the granting of the motion impossible.

In many cases after fact discovery has closed, it is helpful for the Court to hold an informal, off-the-record discussion with the lead attorneys of the parties to discuss whether the filing of a summary judgment motion is advisable given the state of the record. No written submissions should be made prior to the conference. The party who wishes to seek summary judgment should be prepared to point out the uncontested facts that support the relief being sought, and the opposing party should be prepared to speak to whether in fact those facts are contested. This conference should be scheduled with the Courtroom Deputy before any substantive work is done preparing the motion. No party will ever be prevented from filing a dispositive motion, but the goal of the in-chambers conference is to have a careful, informed discussion of the issues before significant time and expense have been incurred.

In some cases, the Court may determine that an in-chambers conference would not be helpful.  Parties, however, should always inquire with the Court prior to filing a summary judgment motion.

Parties should consider Smith v. OSF HealthCare System, 933 F.3d 859 (7th Cir. 2019), before seeking leave to file a motion for summary judgment prior to the close of discovery.

Guidelines for Motions for Summary Judgment

The Court requires strict compliance with Local Rules 56.1(a) and 56.1(b) in the briefing of all summary judgment motions.  In addition, to assist the Court in reviewing the factual record submitted in connection with summary judgment motions, the Court requires the following:

All statements of undisputed material facts offered by the moving party under Local Rule 56.1(a)(2), or statements of additional facts offered by the opposing party under Local Rule 56.1(b)(3), must list the facts in short, numbered paragraphs that refrain from argument.  Argument must be reserved for the moving party’s memorandum of law.  Each numbered fact statement must contain a specific citation to affidavits, depositions or other materials that support the fact statement, as well as to the tab(s) in the compendium where those materials may be found.  Failure to provide support for a statement of fact may result in that alleged "fact" being disregarded.   Friend v. Valley View Community Unit School Dist. 365U, 789 F.3d 707, 710-11 (7th Cir. 2015).

All responses to statements of undisputed material facts offered by the opposing party under Local Rule 56.1(b)(2), or responses to statements of additional facts offered by the moving party under Local Rule 56.1(c)(2), shall be in a format similar to that used in answering a complaint: that is, the response must repeat each numbered paragraph of the fact statement, and then immediately following each numbered statement must state whether the alleged fact is "undisputed" or "disputed."  As with the fact statements submitted under Local Rules 56.1(a)(2) and 56.1(b)(2), the responses to those fact statements must refrain from argument.  The significance or lack of significance of a disputed or undisputed fact may be argued in the respondent’s legal memorandum.  If a particular fact is "undisputed," nothing more should be said in the response.  If a particular fact assertion is "disputed" in whole or in part, the response must state what part of the assertion is disputed and must contain a specific citation to the supporting affidavits, depositions or other materials as well as to the tab(s) in the compendium where those materials may be found.  Failure to provide support for an alleged fact dispute may result in that fact being deemed admitted.   Curtis v. Costco Wholesale Corp., 807 F.3d 215, 218-19 (7th Cir. 2015).

In accord with Local Rule 56.1(d)(5), absent prior leave of Court, a movant shall not file more than 80 separately numbered statements of undisputed material fact, and a party opposing a summary judgment motion shall not file more than 40 separately numbered statements of additional facts.  The Court reminds parties that the fact statements under Local Rule 56.1(a)(2) and Local Rule 56.1(b)(3) “must consist of concise numbered paragraphs.”

Deposition Testimony

Parties submitting deposition transcripts in support of or in opposition to summary judgment must file electronically the entire transcript for each deposition. Parties are not to submit the entire transcript with their courtesy copies, but only the excerpted pages referenced in the party's motion papers. If at all possible, deposition transcripts, whether submitted in their entirety or in excerpted form, should be submitted in the condensed transcript format where multiple deposition transcript pages are reduced to one page. All submissions to the Court should be printed on both sides of the paper and included the ECF heading.

Motions to Strike are Disfavored

Motions to strike are strongly disfavored.  See generally Custom Vehicles, Inc. v. Forest River, Inc., 464 F.3d 725, 727 (7th Cir. 2006).  They serve primarily as unauthorized vehicles for parties to expand the page limits for memoranda in support of their motions.  Motions to strike almost always would require the Court to decide significant issues (and, indeed, the underlying motion) on the merits and would multiply the briefs (because the other side should be allowed to respond).  Id. at 727. 

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 (governing summary judgment).  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.  Motions to strike that are not within the limited boundaries established by Fed. R. Civ. P. 12(f) may be summarily denied.

Upon assignment of a newly filed case to the calendar of Judge Cummings, the court will enter a minute order requesting an initial joint status report, not to exceed five pages in length.  The report shall contain the information requested in the template for Initial Joint Status Report for Newly Filed Cases, available HERE.  If defense counsel has not yet filed an appearance, the status report should be prepared by plaintiff's counsel.  The Court will review the parties' joint status report and enter further orders as appropriate.    

Upon assignment of a newly filed case to the calendar of Judge Cummings, the court will enter a minute order requesting an initial joint status report, not to exceed five pages in length.  The report shall contain the information requested in the template for Initial Joint Status Report for Newly Filed Cases, available HERE.  If defense counsel has not yet filed an appearance, the status report should be prepared by plaintiff's counsel.  The Court will review the parties' joint status report and enter further orders as appropriate.    

Persons requesting daily copy and/or real-time feed transcripts of a trial or other evidentiary hearing that may reasonably be expected to last more than one day should contact Judge Cummings’ court reporter, Joene Hanhardt, at least ten business days prior to the first day of such proceeding 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. 

Ms. Hanhardt can be reached at Joene_Hanhardt@ilnd.uscourts.gov or (312) 435-6874.  

Persons requesting daily copy and/or real-time feed transcripts of a trial or other evidentiary hearing that may reasonably be expected to last more than one day should contact Judge Cummings’ court reporter, Joene Hanhardt, at least ten business days prior to the first day of such proceeding 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. 

Ms. Hanhardt can be reached at Joene_Hanhardt@ilnd.uscourts.gov or (312) 435-6874.  

Judge Cummings has prepared the following standing orders and procedures for all civil trials.  Parties should carefully review all materials while preparing for a civil trial.  

Standing Order for Preparation of Pretrial Materials 

Trial Conduct and Procedures 

Standard Voir Dire Questions

Standard Preliminary Jury Instructions 

Standard Final Jury Instructions

For all civil jury trials, Judge Cummings will administer a juror questionnaire to all prospective jurors.  The standard questionnaire, which will be further tailored for each case as appropriate, is available HERE.  

Judge Cummings has prepared the following standing orders and procedures for all civil trials.  Parties should carefully review all materials while preparing for a civil trial.  

Standing Order for Preparation of Pretrial Materials 

Trial Conduct and Procedures 

Standard Voir Dire Questions

Standard Preliminary Jury Instructions 

Standard Final Jury Instructions

For all civil jury trials, Judge Cummings will administer a juror questionnaire to all prospective jurors.  The standard questionnaire, which will be further tailored for each case as appropriate, is available HERE.