| Initial
Status Conferences |
The Court will set all newly filed cases for status approximately
50 days from the filing of complaint. At least three working
days before the initial status hearing, the parties shall file a joint
written status report, not to exceed five pages in length. The status
report shall address the following: 1) the nature of the case,
including the legal and factual issues; 2) the status of settlement
discussions and the potential for settlement; 3) the status of
discovery, including anticipated discovery; 4) all pending
motions; and 5) the trial status.
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| Motion
Practice |
All electronically filed motions must be filed no later than the third business day
preceding the day the motion is to be heard. Please deliver a
courtesy copy to chambers of all motions to dismiss, motions to
compel, summary judgment motions, and any other motions with exhibits
attached.
Joint, uncontested, and agreed motions should be so identified in the
title and body of the motion.
Please check the Court's website at www.ilnd.uscourts.gov
(go to website and click on "Courtweb")
after 3:00 p.m. on the afternoon prior to the hearing date to
determine whether an appearance is necessary. If an appearance
is not necessary, it is the obligation of the movant to notify the
respondent(s) accordingly.
Counsel shall not respond to motions by correspondence with the Court.
Trial dates and discovery cutoff dates will not be reset except by
written motion. Motions to extend a discovery cutoff date or to
reset a trial date, whether uncontested or contested, will normally
require a Court appearance.
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| Emergency
Motions |
Emergency matters must be of such a nature that a delay in hearing
them would cause serious harm to one or more the parties.
Requests to set a hearing on an emergency motion shall be made to the
courtroom deputy (Room 1238) with as much advance notice as
possible. All reasonable efforts must be made to give actual
notice to opposing counsel.
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| Discovery
Motions |
The Court believes that parties can and should work out most
discovery disputes and thus discourages the filing of 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 fully prepared to argue any discovery motion
on the date that it is presented. The Court most often will rule on
discovery motions after hearing argument at the motion call and
without 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.
Parties are reminded to immediately notify the Court if they
are withdrawing any previously filed discovery motions.
Parties are reminded that there is no "order" in which
discovery must occur, and that one party's failure or inability to
respond to discovery will not excuse any other party's prompt
compliance. Parties are also reminded that the pendency of a motion,
such as a motion to dismiss, does not operate as a stay of discovery.
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| Summary
Judgment Motions |
Motions for summary judgment and responses must comply with Local
Rules 56.1(a) and 56.1(b), 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
Buttron v. Sheehan, No. 00 C 4451, 2003 WL 21801222 (N. D. Ill. Aug. 4, 2003).
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. In complex cases, the Court may request that the parties submit a
timeline of events in addition to the statements of undisputed material
facts.
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| Memorandum
of Law |
The fifteen (15) page limitation on all memoranda contained in Local
Rule 7.1 shall be strictly enforced. A motion for leave to exceed
that limit shall not be granted unless warranted.
Parties must attach to their memoranda copies of any cited authority
that is only published on electronic database, such as Westlaw and
Lexis. Parties also should attach any cited authority that is
unpublished in the West National Reporter System.
Illinois cases should be cited to both N.E.2d and Illinois Appellate
Court Reports.
Briefing schedules are generally set by Court order. A motion for
extension of time shall not be granted except on a showing of good
cause. The circumstances warranting an extension shall be set forth in
specific detail by written motion.
The Court will also consider motions at scheduled status hearings, so
long as the notice requirements of Local
Rule 5.3 have been met.
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| Consent
to Proceed Before a Magistrate Judge |
Too often litigants are unaware of the efficiencies to be gained by
having their cases tried before United States Magistrate Judges.
The court strongly encourages counsel to inform their clients
of this opinion, and to discuss it with opposing counsel. Magistrate
Judge Consent Form
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| Patent
Cases |
Claim Construction Proceedings Before Judge St. Eve
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| Bankruptcy
Appeals |
Briefs on appeals from the United States Bankruptcy Court must be
filed within 15 days of the entry of judgment by the Bankruptcy Court.
Any motions to extend time must be filed within the 15-day period.
Briefs are limited to 15 pages each.
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| Settlement
Conferences |
This 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
from the courtroom deputy. In bench trials, settlement conferences are
usually referred to the magistrate judge.
Instructions to Settlement Conferences
for cases before Judge St. Eve
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| Final
Pretrial Orders |
The Court sets firm trial dates. All parties should be prepared to
proceed on their trial dates.
The Court's final pre-trial order guidelines differ from those in Local
Rule 16.1. Parties should consult Judge St. Eve's requirements.
Final Pretrial Order in Civil Jury
Trial cases Pending before Judge St. Eve
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| Jury
Instructions |
The following jury instructions have been approved in cases tried before Judge St. Eve. The Court advises counsel to review these instructions and to adapt them to the particular circumstances of each case. Counsel should also ensure that the instructions reflect the current state of the law.
General Civil Jury Instructions
Pattern
Civil Jury Instructions (WordPerfect, WPD format)
Patent Infringement, design patent case (given in
National Diamond v. Flanders Diamond USA, 00 C 6402, tried in May 2003)
42 U.S.C. 1983, Excessive Force (given in
Thompson v. City of Chicago, 01 C 8883, tried in July 2004)
42 U.S.C. 1983, Excessive Force/False
Arrest (given in Paul Oh v. Rochotte, 03 C 120)
Magnuson-Moss Warranty Act (given in
Schimmer v. Jaguar Cars, 03 C 1884)
Medical malpractice (given in Petersen v.
Cordes, 01 C 214, tried in October/November 2003)
Securities fraud, duty to correct (given in
Wafra Leasing Corp. v. KPMG, 01 C 4314, tried in November 2004)
Title VII/Hostile Work Environment by co-workers and supervisors (given in
Ciesielski v. Hooters on Higgins, 03 C 1175, tried in November 2004)
42 U.S.C. 1983, Excessive Force, and intentional battery under state law (given in
Wawryniuk v. Maluchnik, et al., 03 C 4291, tried in December 2004)
Title VII/Hostile Work Environment (given in
Misty Henry v. City of Chicago, 03 C 5122, tried in April 2005)
Age Discrimination (given in Mallet v. Board of
Education, 04 C 3296, tried in January
2006)
Insurance Coverage Dispute/Breach of Duty to Defend and
Estoppel, (given in Federal Insurance Co. v. Arthur Andersen LLP and Larry
Gorrell, 03 C 1174, tried in February 2006)
42 U.S.C. § 1983, First Amendment violation (given in
Purtell v. Mason, 04 C 7005, tried in April 2006)
Product Liability, Negligence in Product Design (given in
Alcala v. Emhart Industries, Inc., 04 C 205, tried in May
2006)
Patent Infringement (given in
Black & Decker v. Robert Bosch Tool Corporation, 04 C 7955, tried in September
2006)
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| Submitting a
Proposed Order, Agreed or Otherwise, for Electronic Entry by the Judge |
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_St_Eve@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.
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