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Motion Practice

The court hears motions on Thursday only at 2:00 p.m.  If the particular case is set for a status hearing on a day or time other than a regular motion time, a motion may also be brought at the same time as the status hearing as long as proper notice is provided.

All motions are to be noticed for presentation as required by Local Rule 5.3 with copies delivered to the court as required by Local Rules 5.4 and 78.1 . The time requirements of Local Rules 5.3 and 78.1 are to be strictly followed.  If filing electronically, the filing party must provide a paper "Judge's copy" as required by Local Rule 5.2(f). The judge's copy of a noticed motion and any accompanying brief and exhibits must be delivered to the courthouse at least two business days prior to the date for presentation of the motion. The Judge's copy should be filed in the box for such copies located on the 20th floor, the drop box in the lobby, or in the slot next to the chamber's door (Room 2502).  If a paper filer, an original and one copy of all pleadings, including motions, are to be filed with the Clerk of the Court on the 20th Floor between 9:00 a.m. and 4:30 p.m. or in one of the lobby drop boxes between 7:00 a.m. and 6:00 p.m. Original filings will not be accepted in chambers and the court does not want a "courtesy" copy in addition to the "Judge's copy."

Unless the courtroom deputy has called the parties to tell them that they need not appear, counsel is expected to appear on the motion, even if it is an agreed motion. Counsel is to be prepared to address all issues contained in the motion at the time it is first presented. Most motions will be ruled upon at the time they are first presented. If it is determined that further briefing is necessary, then the motion will be ruled upon based solely on the arguments contained in the briefs; no date is set for further oral argument.

Any motion of a substantial character should be accompanied by a brief at the time it is first filed. Motions for summary judgment must be accompanied by a supporting brief and Local Rule 56.1(a)(3) Statement. Where the party opposing summary judgment is pro se , notice in the form provided in Local Rule 56.2 must be provided. Motions to strike or other such motions are discouraged as responses to motions. If a document or other item in support of a motion is inappropriate for consideration, such an argument should be incorporated in the answer brief or reply, not made the subject of an additional motion. Surreplies and surrebuttals are discouraged and leave of court must be obtained to file them.

Before bringing an emergency motion, that is a motion brought on less notice than that required by Local Rules 5.3 and 78.1 , one or more of the parties must contact the courtroom deputy to attempt to schedule a time for the motion. The courtroom deputy is to be informed of the general nature of the motion so that it can be determined if there is an emergency. Motions for extension of time do not qualify as emergency motions. If the courtroom deputy determines that the motion qualifies as an emergency and Judge Hart is not available, then the party is to contact the courtroom deputy of the emergency judge to schedule a hearing. The emergency judge may only hear a motion if the assigned judge is not sitting.

Except for temporary restraining orders properly brought ex parte, prior to presenting a motion for temporary restraining order, the parties should meet to determine if they can agree to a standby order that will protect the interests of both parties during the pendency of the suit. If the parties cannot agree on an appropriate order, the motion for temporary restraining order will be resolved on the papers presented without the taking of live testimony. If the party is also seeking a preliminary injunction, that motion will generally be referred to the assigned magistrate judge to hear the evidence and provide a report and recommendation.

No protective order will be approved that permits the filing of restricted or sealed documents with the Clerk of the Court unless the order provides that no such document may be filed with the court unless leave to so file the particular document is specifically obtained from the court.  See Sasu v. Yoshimura , 147 F.R.D. 173 (N.D. Ill. 1993).  See generally Local Rule 26.2 .  Also, any such protective order must adequately define which documents qualify as confidential, restricted, and/or sealed documents.  See Citizens First National Bank of Princeton v. Cincinnati Insurance Co ., 178 F.3d 943 (7th Cir. 1999); Sasu , supra .  Further, even if a protective order with these provisions is approved, the filing of restricted or sealed documents is discouraged and will only be approved in exceptional circumstances.  See Goesel v. Boley Int'l (H.K.) Ltd., 738 F.3d 831 (7th Cir. 2013).  As of July 3, 2012, the Northern District provides a model confidentiality order.  See Forms and Guidelines, LR 26.2 Model Confidentiality Order ( http://www.ilnd.uscourts.govLocalRules.aspx?rtab=forms ).




Note: The court does not control nor can it guarantee the accuracy, relevance, timeliness, or completeness of this information. Neither is it intended to endorse any view expressed nor reflect its importance by inclusion in this site.
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