Judge Martha M. Pacold

Standing Order

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This Standing Order applies to all civil cases reassigned to the calendar of District Judge Martha Pacold. All previously-set status or motion hearing dates are vacated. Any trials set for August 29, 2019 through October 18, 2019 are cancelled and will be re-set by the Court. Unless otherwise ordered, all previously-set discovery, briefing schedules and deadlines remain intact. A reassignment status conference date will be set by the Court. Already-pending motions will be addressed at the reassignment status. The parties are directed not to notice or re-notice any motions, with the exception of emergency motions, prior to appearing at the reassignment conference. For all emergency motions arising prior to September 9th should be noticed before the emergency judge. For all emergency motions arising after September 9th, the parties are directed to contact chambers at (312) 435-5814 (this number is subject to change). Emergency matters must be of such a nature that a delay in hearing them would cause serious and irreparable harm to one or more of the parties to the proceeding.

To help the Court learn about the case, at least 5 business days before the reassignment status conference, counsel are to confer, prepare, and file a joint status report, not to exceed five pages. If defense counsel has not yet filed an appearance, the status report should be prepared by plaintiff’s counsel.

This Standing Order applies to all civil cases reassigned to the calendar of District Judge Martha Pacold. All previously-set status or motion hearing dates are vacated. Any trials set for August 29, 2019 through October 18, 2019 are cancelled and will be re-set by the Court. Unless otherwise ordered, all previously-set discovery, briefing schedules and deadlines remain intact. A reassignment status conference date will be set by the Court. Already-pending motions will be addressed at the reassignment status. The parties are directed not to notice or re-notice any motions, with the exception of emergency motions, prior to appearing at the reassignment conference. For all emergency motions arising prior to September 9th should be noticed before the emergency judge. For all emergency motions arising after September 9th, the parties are directed to contact chambers at (312) 435-5814 (this number is subject to change). Emergency matters must be of such a nature that a delay in hearing them would cause serious and irreparable harm to one or more of the parties to the proceeding.

To help the Court learn about the case, at least 5 business days before the reassignment status conference, counsel are to confer, prepare, and file a joint status report, not to exceed five pages. If defense counsel has not yet filed an appearance, the status report should be prepared by plaintiff’s counsel.

Courtesy Copies

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Courtesy copies are required for: (1) all filings that total 15 pages or more (for purposes of this rule, summary judgment motions, briefs, fact statements, and exhibits should be considered together a single "filing"); (2) proposed pretrial orders, motions in limine, and proposed jury instructions, regardless of length; (3) all filings that include attachments or exhibits that are not readable in their electronic format. Unless Judge Pacold orders otherwise, courtesy copies are not required for any filings that do not meet this description, including pleadings. When a courtesy copy is required, it should be delivered to the Courtroom Deputy in Room 1428, within 24 hours of the filing. Courtesy copies may be printed single-sided or double-sided. Courtesy copies are required for: (1) all filings that total 15 pages or more (for purposes of this rule, summary judgment motions, briefs, fact statements, and exhibits should be considered together a single "filing"); (2) proposed pretrial orders, motions in limine, and proposed jury instructions, regardless of length; (3) all filings that include attachments or exhibits that are not readable in their electronic format. Unless Judge Pacold orders otherwise, courtesy copies are not required for any filings that do not meet this description, including pleadings. When a courtesy copy is required, it should be delivered to the Courtroom Deputy in Room 1428, within 24 hours of the filing. Courtesy copies may be printed single-sided or double-sided.

Discovery Motions

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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 not normally be sufficient to comply with Local Rule 37.2.

All parties should be prepared to argue any discovery motion on the date that it is presented. The Court will 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, the Court normally will set an expedited briefing schedule so that the matter can be resolved promptly.

Moving parties are reminded to notify the Court immediately if they are withdrawing any previously filed discovery motions. 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 not normally be sufficient to comply with Local Rule 37.2.

All parties should be prepared to argue any discovery motion on the date that it is presented. The Court will 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, the Court normally will set an expedited briefing schedule so that the matter can be resolved promptly.

Moving parties are reminded to notify the Court immediately if they are withdrawing any previously filed discovery motions.

Emergency Motions

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Emergency matters must be of such a nature that a delay in hearing them would cause serious harm. Requests to set a hearing on an emergency motion shall be made to the courtroom deputy with as much advance 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. Requests to set a hearing on an emergency motion shall be made to the courtroom deputy with as much advance notice as possible. All reasonable efforts must be made to give actual notice to opposing counsel.

Initial Status Conference and Report Template

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The Court will promptly schedule an initial status hearing for newly-filed cases. In most cases, the initial status hearing will be conducted within approximately 60 days of the filing of the complaint.

NON-PATENT CASES

Per Local Rule 26.1, the initial status hearing shall serve as the scheduling conference referred to in Fed. R. Civ. P. 26(f). The parties must confer at least 21 days in advance of the initial hearing/scheduling conference, as required by Fed. R. Civ. P. 26(f), but need not present a written report outlining the discovery plan at the initial hearing. At least 7 days prior to the initial status hearing, the parties must file a joint Initial Status Report, in the format and including the information required by the template at the link below.

Initial Status Report

PATENT CASES

In patent cases, the parties must confer at least 21 days in advance of the initial status hearing, as required by Fed. R. Civ. P. 26(f). At least 7 days prior to the initial status hearing, the parties must file a joint report, in the format and including the information required by the template at the link below.

LPR Appendix A

The Court will promptly schedule an initial status hearing for newly-filed cases. In most cases, the initial status hearing will be conducted within approximately 60 days of the filing of the complaint.

NON-PATENT CASES

Per Local Rule 26.1, the initial status hearing shall serve as the scheduling conference referred to in Fed. R. Civ. P. 26(f). The parties must confer at least 21 days in advance of the initial hearing/scheduling conference, as required by Fed. R. Civ. P. 26(f), but need not present a written report outlining the discovery plan at the initial hearing. At least 7 days prior to the initial status hearing, the parties must file a joint Initial Status Report, in the format and including the information required by the template at the link below.

Initial Status Report

PATENT CASES

In patent cases, the parties must confer at least 21 days in advance of the initial status hearing, as required by Fed. R. Civ. P. 26(f). At least 7 days prior to the initial status hearing, the parties must file a joint report, in the format and including the information required by the template at the link below.

LPR Appendix A

Motion Practice

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Electronic Filing

The Court strongly encourages counsel to convert any word-processed document into a .pdf document by printing or publishing to .pdf, rather than manually scanning a paper copy into .pdf. The former method of conversion generates searchable optical character recognition (OCR) text; the latter does not.

Extensions of Time

A party seeking an extension of time must contact all other parties in the case to determine whether they object to the extension. Any motion for extension of time should indicate whether it is the first or subsequent extension request, shall include the reasons for the request, any previous relief granted and whether any other party objects to the extension.

Schedule

All motions must be filed no later than the third business day before the day the motion is to be heard. Motions must be noticed for a date certain and normally may be presented on Tuesdays, Wednesdays and Thursdays, at 9:30 a.m. Judge Pacold's main web page lists any dates on which she will not be available to hear motions.

Unopposed Motions

Joint, uncontested, and agreed motions must be so identified in the title and body of the motion. Unless the Court has told a party it need not appear, counsel for all parties to which the motion is directed are expected to be present whether or not the motion is opposed. If an appearance is not required, counsel for the movant is directed to notify the respondent(s) accordingly.

Electronic Filing

The Court strongly encourages counsel to convert any word-processed document into a .pdf document by printing or publishing to .pdf, rather than manually scanning a paper copy into .pdf. The former method of conversion generates searchable optical character recognition (OCR) text; the latter does not.

Extensions of Time

A party seeking an extension of time must contact all other parties in the case to determine whether they object to the extension. Any motion for extension of time should indicate whether it is the first or subsequent extension request, shall include the reasons for the request, any previous relief granted and whether any other party objects to the extension.

Schedule

All motions must be filed no later than the third business day before the day the motion is to be heard. Motions must be noticed for a date certain and normally may be presented on Tuesdays, Wednesdays and Thursdays, at 9:30 a.m. Judge Pacold's main web page lists any dates on which she will not be available to hear motions.

Unopposed Motions

Joint, uncontested, and agreed motions must be so identified in the title and body of the motion. Unless the Court has told a party it need not appear, counsel for all parties to which the motion is directed are expected to be present whether or not the motion is opposed. If an appearance is not required, counsel for the movant is directed to notify the respondent(s) accordingly.

Patent Cases

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Unless Judge Pacold orders otherwise, parties should follow the Local Patent Rules for the Northern District of Illinois in all patent cases. At least 7 days prior to the initial status hearing in a patent case, the parties must file a joint report, in the format and including the information required by LPR Appendix A.

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

Unless Judge Pacold orders otherwise, parties should follow the Local Patent Rules for the Northern District of Illinois in all patent cases. At least 7 days prior to the initial status hearing in a patent case, the parties must file a joint report, in the format and including the information required by LPR Appendix A.

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

Reassignment Status Report

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The requirements for the Initial Reassignment Status Report are provided at the link below.

Initial Reassignment Status Report

The requirements for the Initial Reassignment Status Report are provided at the link below.

Initial Reassignment Status Report

Settlement

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The Court urges parties to undertake settlement negotiations at the earliest practicable point in the litigation. Parties who desire a settlement conference should request one in open court or by telephone call to the courtroom deputy. Settlement conferences usually will be referred to the assigned Magistrate Judge.

In the event that the parties seek to have this Court retain jurisdiction to enforce the terms of a settlement agreement, counsel should review the following Seventh Circuit cases (among any other pertinent authorities: Dupuy v. McEwen, 495 F.3d 807 (7th Cir. 2007); Blue Cross and Blue Shield Ass’n v. American Express Co., 467 F.3d 634 (7th Cir. 2006), Shapo v. Engle, 463 F.3d 641, 646 (7th Cir. 2006), and Lynch v. Samatamason Inc., 279 F.3d 487 (7th Cir. 2002).

The Court urges parties to undertake settlement negotiations at the earliest practicable point in the litigation. Parties who desire a settlement conference should request one in open court or by telephone call to the courtroom deputy. Settlement conferences usually will be referred to the assigned Magistrate Judge.

In the event that the parties seek to have this Court retain jurisdiction to enforce the terms of a settlement agreement, counsel should review the following Seventh Circuit cases (among any other pertinent authorities: Dupuy v. McEwen, 495 F.3d 807 (7th Cir. 2007); Blue Cross and Blue Shield Ass’n v. American Express Co., 467 F.3d 634 (7th Cir. 2006), Shapo v. Engle, 463 F.3d 641, 646 (7th Cir. 2006), and Lynch v. Samatamason Inc., 279 F.3d 487 (7th Cir. 2002).

Summary Judgment

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Motions for summary judgment and responses must comply with Local Rule 56.1 as well as the procedures outlined herein. All statements of undisputed material facts and their responses shall be filed separately from the memoranda of law and shall include the line, paragraph, or page number where the supporting material may be found in the record.

The Local Rules are not mere technicalities. Failure to abide by the Local Rules may result in the Court striking briefs, disregarding statements of fact, deeming statements of fact admitted, and denying summary judgment. See Cracco v. Vitran Exp., Inc., 559 F.3d 625, 632 (7th Cir. 2009).

The movant shall not file more than 80 statements of undisputed material facts without prior leave of the Court. The respondent shall be limited to 40 statements of undisputed material facts without prior leave of the Court.

Motions for summary judgment and responses must comply with Local Rule 56.1 as well as the procedures outlined herein. All statements of undisputed material facts and their responses shall be filed separately from the memoranda of law and shall include the line, paragraph, or page number where the supporting material may be found in the record.

The Local Rules are not mere technicalities. Failure to abide by the Local Rules may result in the Court striking briefs, disregarding statements of fact, deeming statements of fact admitted, and denying summary judgment. See Cracco v. Vitran Exp., Inc., 559 F.3d 625, 632 (7th Cir. 2009).

The movant shall not file more than 80 statements of undisputed material facts without prior leave of the Court. The respondent shall be limited to 40 statements of undisputed material facts without prior leave of the Court.

Motions to Strike

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Motions to strike are strongly disfavored. See generally Custom Vehicles, Inc. v. Forest River, Inc., 464 F.3d 725, 727 (7th Cir. 2006) (Easterbrook, J., in chambers). They serve primarily as unauthorized vehicles for parties to expand the page limits for memoranda in support of their motions. The Court is capable of discerning if a new argument has been raised in a reply brief, 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 (in summary-judgment briefing) contains an unsupported assertion, then the complaining party should so argue 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) will be summarily denied. Motions to strike are strongly disfavored. See generally Custom Vehicles, Inc. v. Forest River, Inc., 464 F.3d 725, 727 (7th Cir. 2006) (Easterbrook, J., in chambers). They serve primarily as unauthorized vehicles for parties to expand the page limits for memoranda in support of their motions. The Court is capable of discerning if a new argument has been raised in a reply brief, 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 (in summary-judgment briefing) contains an unsupported assertion, then the complaining party should so argue 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) will be summarily denied.

Magistrate Judge Consent and Form

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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.

Magistrate Judge Consent 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.

Magistrate Judge Consent Form

Confidentiality Orders—Procedure

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Counsel 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), available here: http://www.ilnd.uscourts.gov/_assets/_documents/_forms/_online/26.2%20FORM.pdf. The Model Confidentiality Order provides that counsel should include or delete language in brackets as necessary to the specific case. Any other proposed changes to this model order must be shown with redlining that indicates both deletions and additions to the model text. Counsel are encouraged to include comments with any such proposed changes explaining why the changes are sought. Counsel shall file a motion for entry of the proposed confidentiality order, notice the motion for presentment, and separately submit the redlined copy and a clean copy of the proposed order in Word format to the Court’s Proposed Order electronic mailbox: Proposed_Order_Pacold@ilnd.uscourts.gov. The proposed order should not be filed as an exhibit to the motion. Counsel 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), available here: http://www.ilnd.uscourts.gov/_assets/_documents/_forms/_online/26.2%20FORM.pdf. The Model Confidentiality Order provides that counsel should include or delete language in brackets as necessary to the specific case. Any other proposed changes to this model order must be shown with redlining that indicates both deletions and additions to the model text. Counsel are encouraged to include comments with any such proposed changes explaining why the changes are sought. Counsel shall file a motion for entry of the proposed confidentiality order, notice the motion for presentment, and separately submit the redlined copy and a clean copy of the proposed order in Word format to the Court’s Proposed Order electronic mailbox: Proposed_Order_Pacold@ilnd.uscourts.gov. The proposed order should not be filed as an exhibit to the motion.

Proposed Orders

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Proposed orders on routine motions, such as motions for extensions of time, are unnecessary.

On occasion, the Court may direct the moving party, or the parties jointly, to submit a proposed order. Otherwise, a party filing a motion may, but is not required to, submit a proposed order for entry by the Court in the event that the motion is granted. The Court will consider proposed orders when ruling on motions, but will modify (or disregard altogether) such proposed orders as it deems appropriate, even if the proposed order was submitted at the Court’s direction and/or is agreed by the parties.

Unless otherwise directed by the Court, proposed orders may not be submitted in the absence of a motion. (In other words, a proposed order is not a substitute for a motion.) But proposed orders should not be filed as attachments to the motion to which they relate. Instead, when the motion is filed, the proposed order (if any) should be submitted via e-mail to Proposed_Order_Pacold@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 should be submitted in Microsoft Office Word format (not WordPerfect). Proposed orders should also be served on all parties. Proposed orders on routine motions, such as motions for extensions of time, are unnecessary.

On occasion, the Court may direct the moving party, or the parties jointly, to submit a proposed order. Otherwise, a party filing a motion may, but is not required to, submit a proposed order for entry by the Court in the event that the motion is granted. The Court will consider proposed orders when ruling on motions, but will modify (or disregard altogether) such proposed orders as it deems appropriate, even if the proposed order was submitted at the Court’s direction and/or is agreed by the parties.

Unless otherwise directed by the Court, proposed orders may not be submitted in the absence of a motion. (In other words, a proposed order is not a substitute for a motion.) But proposed orders should not be filed as attachments to the motion to which they relate. Instead, when the motion is filed, the proposed order (if any) should be submitted via e-mail to Proposed_Order_Pacold@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 should be submitted in Microsoft Office Word format (not WordPerfect). Proposed orders should also be served on all parties.

Transcripts

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Persons requesting a daily or hourly transcript of a trial or other evidentiary hearing that may reasonably be expected to last more than one day should place the order with the Court Reporter at least five business days prior to the first day of such proceedings. Judge Pacold's court reporter, Kathleen M. Fennell, can be reached at Kathleen_Fennell@ilnd.uscourts.gov.

Telephonic conference

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Telephonic Appearances: This Court will consider requests for leave to appear telephonically at routine hearings that will not require substantive argument when counsel is located in another jurisdiction or is otherwise unable to appear in Court. Local counsel, where required by the local rules, must be present and will serve as lead counsel for that court appearance. Counsel appearing telephonically will not be permitted to engage in substantive arguments.

Information to participate by telephone:

Dial Toll-Free Call-in-Number (888) 684-8852

Conference Access Code: 9482028#

You are required to join the conference call using a landline. Please keep in mind that even as a phone participant you are on the record in a formal court hearing. If there are multiple people on the phone, you must state your name each time you speak for clarity of the record. Lengthy arguments should be made in person or by local counsel.

Please keep your phone on mute until you hear your case called.

Telephonic Appearances: This Court will consider requests for leave to appear telephonically at routine hearings that will not require substantive argument when counsel is located in another jurisdiction or is otherwise unable to appear in Court. Local counsel, where required by the local rules, must be present and will serve as lead counsel for that court appearance. Counsel appearing telephonically will not be permitted to engage in substantive arguments.

Information to participate by telephone:

Dial Toll-Free Call-in-Number (888) 684-8852

Conference Access Code: 9482028#

You are required to join the conference call using a landline. Please keep in mind that even as a phone participant you are on the record in a formal court hearing. If there are multiple people on the phone, you must state your name each time you speak for clarity of the record. Lengthy arguments should be made in person or by local counsel.

Please keep your phone on mute until you hear your case called.

Schedule A Cases

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Proposed orders in trademark cases brought against “Schedule A” defendants should conform, to the extent feasible, to the templates posted below. When a plaintiff submits a proposed temporary restraining order, preliminary injunction order, or default order to the court’s Proposed Order Inbox, plaintiff should also submit a document that shows, in red text, any differences between Plaintiff’s proposed order and the relevant template order.

To the extent that a proposed temporary restraining order, preliminary injunction order, or default order requests relief beyond the relief authorized in the templates, the plaintiff’s motion should support that request with citations to legal authority consistent with Seventh Circuit precedent.

TRO Template Schedule A Cases

Preliminary Injunction Template for Schedule A Cases

Default Judgment Template for Schedule A Cases

Proposed orders in trademark cases brought against “Schedule A” defendants should conform, to the extent feasible, to the templates posted below. When a plaintiff submits a proposed temporary restraining order, preliminary injunction order, or default order to the court’s Proposed Order Inbox, plaintiff should also submit a document that shows, in red text, any differences between Plaintiff’s proposed order and the relevant template order.

To the extent that a proposed temporary restraining order, preliminary injunction order, or default order requests relief beyond the relief authorized in the templates, the plaintiff’s motion should support that request with citations to legal authority consistent with Seventh Circuit precedent.

TRO Template Schedule A Cases

Preliminary Injunction Template for Schedule A Cases

Default Judgment Template for Schedule A Cases

Case No.	Name	Time	Type
1:23-cr-00278	USA v. Perkins	08:45AM	Status Hearing
1:22-cr-00651	USA v. Bowling	09:00AM	Status Hearing
1:22-cr-00651	USA v. Bright	09:00AM	Status Hearing
1:20-cr-00231	USA v. Yung	10:00AM	Status Hearing
1:23-cv-14274	U.S. Equipment Rental and Sales v. Tysver	10:30AM	Motion Hearing

Case No.	Name	Time	Type
1:22-cv-06388	Tillman v. Szul	09:20AM	Motion Hearing
1:22-cv-02495	Robin Glen Townhome Association v. Travelers Casualty Insurance Company of America	09:30AM	Status Hearing
1:23-cr-00364	USA v. Griffin	09:45AM	Status Hearing

Case No.	Name	Time	Type
1:21-cr-00718	USA v. Sosa	09:15AM	Status Hearing
1:20-cr-00595	USA v. Weathers	09:30AM	Status Hearing
1:23-cr-00324	USA v. Rodriguez	09:45AM	Status Hearing
1:21-cr-00583	USA v. Hines	10:30AM	Change of Plea Hearing