• Anita Cosentino
• Karen Giammarese

• Tresa Abraham
  Phone: (312) 435-6870

• Rosemary Scarpelli
  Phone: (312) 435-5815

Notice

Judge Andersen will not have a call on the following Thursdays, March 13, 2008, March 20, 2008 or March 27, 2008.

During the week of March 17, 2008, motions will be heard on Wednesday, March 19, 2008, 9:00 a.m. for civil and 10:00 a.m. for criminal.

All motions must be filed three (3) full business days in the Clerk's Office the preceding Friday, no exceptions.  Motions are heard on Thursdays only, 9:00 a.m. for civil cases and 10:00 a.m. for criminal cases.

The Judge's copy and courtesy copies are one in the same and shall be filed in the wooden drop box on the 20th floor outside the Clerk's Office doors with the other electronically filed documents and not delivered to chambers.

All Dispositive Motions will be scheduled for ruling by mail.

Motions to dismiss and/or summary judgment shall be noticed as usual.  If parties can agree to a briefing schedule, please submit said schedule with the motion.  Make briefs due on Friday.  If no schedule is set, the court will set one.  Parties need not appear in court on said motion day.

Please note: If a further court date is necessary, you will be advised by a minute order accompanying the ruling.

To determine if an appearance is necessary for a case before Judge Andersen, please log on to the website at www.ilnd.uscourts.gov. Select "DAILY CALENDAR", the correct date and "JUDGE ANDERSEN'S name". Under the caption of his name in purple and underlined is the "CALL SHEET". Please click on there for the latest and updated rulings. Motions that are granted, given a briefing schedule, referred to the magistrate judge and/or are withdrawn are listed at the top and THOSE PARTIES NEED NOT APPEAR. The rest of the call is as follows.

Joint, uncontested or agreed motions should be so identified. Parties should consult Judge Andersen's web page at www.ilnd.uscourts.gov, under Judicial Officers and click on Judge Andersen's name.

EMERGENCY MOTIONS ARE NOT TO BE ELECTRONICALLY FILED. Requests to set a hearing on an emergency motion shall be made to the Courtroom Deputy (Room 1404, (312) 435-6870). All reasonable efforts must be made to give actual notice to opposing counsel with as much advance notice to the court as possible. Please serve the otherside first.

Motions for summary judgment will not be entertained unless they comply with local rules and contain the following:

For the moving party:

(1) A numbered statement of uncontested material facts.

Each individual statement shall be limited to the recitation of a single fact and shall not exceed four sentences. Statements must include a specific citation to evidence in support of that fact. For example, a citation to deposition testimony must include both the page number and the line(s) number.

(2) A memorandum in support of the motion. This should include in an appendix all unreported cases referenced in the memorandum.

For the responding party:

(1) A statement of uncontested of material facts not already before the court. Please follow the rules as to the form of that statement stated above.

(2) A response to the movant's statement of undisputed material facts. When responding to a particular fact please duplicate the moving party's asserted fact above your response to that fact. All facts should be admitted or denied (not labeled "undisputed, but" or "irrelevant," etc.) Do not add extraneous material to your response. If you are denying an asserted fact you must specifically identify the evidentiary support for your position and follow the identical rules with respect to providing such material to the court.

(3) A brief in response to the memorandum in support of the movant's motion. Please follow the rules above.

For the moving party's reply:

(1) Please limit your reply to matters specifically raised in the response to your motion. Do not reiterate positions which the responding party has not opposed.

(2) A response to respondent's statement of undisputed material facts. Please follow the rules above.

General:

(1) Objections to Statements of Facts-This court strongly disfavors motions to strike and will not consider them separately from the motion for summary judgment. The court independently will assess the relevance of a particular fact. Therefore, please do not object to an asserted fact on the basis of relevance. Specific evidentiary objections may, of course, be raised. However, the court will only consider such objections if the objecting party cites the specific Federal Rule of Evidence which would bar a fact from being considered. If the court overrules the objection, the fact will be admitted.

(2) As a general principle, the court strongly disfavors the filing of sur-replies. The court will allow sur-replies only when new legal issues are raised for the first time in a reply to a motion for summary judgment.

(3) The court strongly discourages the use of footnotes to raise arguments the parties wish the court to consider.

(4) Both parties have a continuing obligation to update the court with any applicable legal authority.

(5) WARNING. Those filings that do not comply with the above rules will be denied.

Civil discovery motions shall not be heard without an affidavit certifying compliance with Fed. R. Civ. P. 37(a)(2)(A) and (B). Criminal discovery motions shall not be heard unless a conference has been held and a statement is submitted in compliance with Rule 2.04(c) of the Local Criminal Rules.

Briefs shall be limited to fifteen pages. Documents are to be stapled on the top left corner or bound at the top (center) by two hole punch with removable metal clasps.

Citations should follow the format prescribed in "A Uniform System of Citation." Citations to cases of the United States Supreme Court should include parallel cites to the Supreme Court Reporter. When an unpublished opinion is cited in a brief, a copy of the opinion should be attached to the brief.

Status hearings will be on Thursdays 9:00 a.m. civil and 10:00 a.m. for criminal.

Counsel of record primarily responsible for a case are expected to appear at status reports.

When appearing at a first status call, the attorneys should advise the Court whether the parties would like to engage in settlement negotiations and, if so, whether the parties would like the Court to be directly involved in those negotiations. If not, the parties should advise the Court that one or more of them does not want to pursue settlement at this time, and the parties should submit to the Court a plan for discovery. It is the intention of the Court that the parties have a full discussion involving the litigation with each other prior to coming to court for the first time.

Settlement conferences are held in chambers as specified in open court.

A final pretrial conference is normally held prior to all jury trials.

Prior to the final pretrial conference in civil cases, the parties are required to file a written pretrial order in the standard form used by the Court.

Trial dates are firm, subject to court availability. Any motion to reset a trial date should be made at the earliest possible date.

All exhibits are to be marked and numbered (or lettered) before trial and copies are to be furnished to opposing counsel and the court with an exhibit list.

Counsel are to meet before trial for the purpose of designating agreed jury instructions. The working sets of jury instructions shall be numbered by each party to facilitate orderly discussion of disputed instructions. Each attorney should provide one clean original and a numbered copy for the Court and for each party of each offered jury instruction.

If a civil case has been settled or if a defendant in a criminal case intends to plead guilty, the courtroom deputy must be notified promptly. Jury costs will be assessed for failure to inform the courtroom deputy until the day of trial of a settlement or guilty plea.

Civil jury trials - normally 8 jurors.

Criminal jury trials - always 12 jurors and typically 2 alternates.

Sentencing hearings are scheduled at various times on Tuesdays, Wednesdays and Thursdays.

Opinions will be posted on the Judicial website shortly after they are filed with the Clerk's office.

Opinion rulings may also be found under Court Web.

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 ((312) 435-5815) at least five business days prior to the first day of such proceedings.

Seven days after person is arrested, they are to have a 2.04 conference. Fourteen days after that, defendant's pretrial motions are due. Fourteen days after that (Thursday @ 10:00 a.m.) set for status.

$350 - Civil Case Filing Fee (effective 04/09/06)

$50 - Pro Hac Vice Application (effective 2/1/01)

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_Andersen@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 as indicated on the Notice of Electronic Filing (NEF). All such documents must be submitted to the court in a format compatible with WordPerfect, which is a "Save As" option in most word processing software. Such proposed orders should also be served on all parties.