Northern District of Illinois

(a) Definitions. The following definitions shall apply to this rule: (1) “IFP petition” means a petition for leave to proceed in forma pauperis, i.e., without prepayment of prescribed fees. (2) “Financial affidavit” means the form of affidavit of financial status prescribed by the Court. (b) Prepayment Required. Any document submitted for filing for which a filing fee is required must be accompanied either by the appropriate fee or an IFP petition. Notwithstanding this provision, the clerk will file any document including a complaint in a civil action, a notice of appeal, or other document for which a filing fee is prescribed, without prepayment, but such filings shall be subject to the sanctions set forth in section (f) of this Rule. (c) Filing in forma pauperis. The IFP petition and the financial affidavit shall be filed and assigned to a judge. The complaint shall be stamped received as of the date presented. The clerk shall promptly forward the IFP petition and all other papers to the judge to whom it is assigned. (d) Date of filing. If the judge grants the IFP petition, the complaint shall be filed as of the date of the judge’s order except that where the complaint must be filed within a time limit and the order granting leave to file is entered after the expiration of that time limit, the complaint shall be deemed to have been filed: (1) in the case of any plaintiff in custody, as of the time of the plaintiff’s delivery of the complaint to the custodial authorities for transmittal to the court; or (2) in the case of any other plaintiff, as of the time the complaint was received by the clerk. (e) Disposition of the IFP petition. In addition to granting or denying an IFP petition, the judge may order the payment of a partial filing fee when the plaintiff’s financial circumstances so warrant. (f) Notice of fees due; sanctions. Upon denial of an IFP petition, the clerk shall notify the plaintiff of the amount of fees due. If the required fees are not paid within 15 days of the date of such notification, or within such other time as may be fixed by the court, the clerk shall notify the judge before whom the matter is pending of the nonpayment. The court may then apply such sanctions as it determines necessary including dismissal of the action. (g) Service of Summonses by United States Marshal. Where an order is entered granting the IFP petition, that order shall, unless otherwise ordered by the court, stand as authority for the United States Marshal to serve summonses without prepayment of the required fees. Amended 03/29/2018

LR 3.3 Payment of Fees in Advance, In Forma Pauperis Matters, Sanctions

LR 3.4 Notice of Claims Involving Patents or Trademarks

In civil matters in which the plaintiff is authorized to proceed in forma pauperis pursuant to 28 U.S.C. § 1915, service shall be accomplished in the manner set forth in the subsections below. (a) Service upon the United States, an agency of the United States, or officials of the United States or its agencies in their official capacity, shall be accomplished by plaintiff by registered or certified mail pursuant to Fed.R.Civ.P.4(i), except in certain cases under the Social Security Act that are described in subsection (b). (b) Where a complaint for administrative review is filed pursuant to 42 U.S.C. § 405(g) concerning benefits under the Social Security Act, unless otherwise ordered, by agreement with the United States Attorney, no service of initial process (i.e., summons and complaint) shall be required in any case (not limited to in forma pauperis cases). The Social Security Administration will treat notification through the court’s Case Management and Electronic Filing System (CM/ECF) as service under Rule 4 of the Federal Rules of Civil Procedure. (c) In all cases where a petitioner has filed a habeas corpus petition under 28 U.S.C. § 2254, regardless of whether or not the $5 filing fee has been paid, service will be pursuant to the agreement, set forth in Appendix 1 to these Local Rules, between the Attorney General of Illinois and the Court. (d) In any action in which the U.S. Marshal has been designated to effectuate service, the U.S. Marshal is requested to send the complaint and appropriate papers for waiver of service to the named defendant (including defendant federal officials sued in their individual capacities) pursuant to Rule 4(d). If a defendant neither returns the waiver nor files a responsive pleading within the required time, the Court will notify the U.S. Marshal of the need for personal service on that defendant. If the U.S. Marshal then effects personal service on the defendant, the Court will impose the costs of service on the defendant consistent with Fed.R.Civ.P.4(d)(2). (e) In actions in which the U.S. Marshal has been designated to effectuate service pursuant to this rule, the following time limits shall apply to waiver of service notice and requests: (1) The notice and request for waiver of service shall allow the defendant a reasonable time to return the waiver, which shall be 30 days after the date on which the request is sent or 60 days after that date if the defendant is addressed outside any judicial district of the United States. (2) A defendant that, before being served with process, timely returns a waiver so requested, is not required to serve an answer to the complaint until 60 days after the date on which the request for waiver of service was sent, or 90 days after that date if the defendant was addressed outside any judicial district of the United States. Amended October 2, 2012.

LR 4 Service in In Forma Pauperis Cases

LR 5.1 Place of Filing, Division

a) Filing Electronically. A person represented by an attorney must file documents electronically, unless nonelectronic filing is allowed by the court for good cause. A person not represented by an attorney may file documents electronically only after successful completion of a Clerk’s Office administered class on how to file electronic documents in this Court and then may only file documents after the complaint has been filed in paper format. The filing must comply with procedures established by the court as set forth in the General Order on Electronic Case Filing b) Filing in Paper. A person not represented by an attorney may file paper documents as follows: (1) in person at the Clerk’s Office, (2) by United States Mail, (3) by overnight delivery or courier service, (4) by using the drop box in the Courthouse, or (5) by having another individual hand deliver the document to the Clerk’s Office. c) Official Court Record. Where a document is submitted in an electronic format pursuant to procedures established by the court, submitted in both electronic and paper formats, or submitted in paper and subsequently converted to an electronic format by court staff, the electronic version shall be the court's official record. Where a document is submitted in paper format without an electronic version being docketed, the paper version shall be the court's official record. Where the electronic version of a document is a redacted version of an unredacted paper document, the unredacted paper version shall be the court's official record. d) Filing by Email or FAX Not Permitted. Documents to be filed with the court may not be transmitted to the court by Email or FAX. The only means of filing documents with the court electronically is in accordance with LR 5.2(a) and the General Order on Electronic Case Filing or other similar General Order. (e) Paper and Font Size. Each paper original filed and each paper judge's copy shall be flat and unfolded on opaque, unglazed, white paper 8½ x 11 inches in size. It shall be plainly written, typed, printed, or prepared by means of a duplicating process, without erasures or interlineations which materially deface it. Where the document is typed, line spacing will be at least 2.0 lines. Where it is typed or printed, (1) the size of the type in the body of the text shall be 12 points and that in footnotes, no less than 11 points, and (2) the margins, left-hand, right-hand, top, and bottom, shall each be a minimum of 1 inch. (f) Binding and Tabs. Each paper original shall be bound or secured at the top edge of the document by a staple or a removable metal paper fastener inserted through two holes. A paper original shall not have a front or back cover. A paper original shall not have protruding tabs. Exhibits or tabs that are part of the paper original shall be indicated in bold type on a single sheet of paper placed immediately before the corresponding exhibit or attachment. Unless not reasonably feasible, exhibits to paper originals shall be 8½ x 11 inches in size. A judge's paper copy shall be bound on the left side and shall include protruding tabs for exhibits. A list of exhibits must be provided for each document that contains more than one exhibit. (g) Documents Not Complying May be Stricken. Any document that does not comply with this rule shall be filed subject to being stricken by the court. (h) Judge’s Copy. Each person or party filing a paper version of a pleading, motion, or document, other than an appearance form, motion to appear pro hac vice , or return of service, shall file, in addition to the original, a copy for use by the court, with the exception of documents filed by Persons in Custody. A Person in Custody need not file a judge’s copy. Where a filing is made electronically of a pleading, motion, or document other than an appearance form or return of service, a paper copy shall be provided for the judge within one business day, if the electronically filed document, including all exhibits, exceeds ten pages in length; provided, however, that any judge may, by standing order or by order in any case, dispense with this requirement for documents of greater length or, in the alternative, may direct that counsel submit a paper copy of any filing, regardless of length. Delivery of paper copies by overnight mail satisfies this requirement. Every judge’s paper copy must be bound and tabbed as required by subsection (d). (i) Searchable Text and Hyperlinks. In creating documents for filing through the EFiling system, parties are encouraged to make documents text searchable and to use hyperlinks to link table of contents headings with section headings and textual citations to cases, exhibits, and other materials filed in the case. (j) Redaction of Transcripts Filed Electronically. If a party or an attorney for a party files a written request to redact specific portions of a transcript pursuant to either Federal Rule of Civil Procedure 5.2 or Federal Rule of Criminal Procedure 49.1, the court reporter is ordered by the Court to make that redaction. Any other redaction request must be made by motion to the court. Amended November 22, 2013 and December 30 , 2020

LR 5.2 Electronic and Paper Documents Filed

LR 5.3 Motions: Notice of Motions and Objections

LR 5.4 Motions: Filing Notice & Motion

LR 5.5 Proof of Service

LR 5.6 Filing Documents by Non-parties

LR 5.7 Filing Cases Under Seal

Any document to be filed under seal shall be filed in compliance with procedures established by the Clerk of Court and approved by the Executive Committee. All attorneys and unrepresented parties with an electronic filing account, shall file sealed documents pursuant to LR 26.2 and should do so electronically by way of the Court’s electronic case management system. Except where pursuant to court order a restricted or sealed document as defined by LR 26.2 is not filed electronically (A) by an attorney or by an unrepresented party with an e-filing account: the paper documents shall be accepted by the Clerk of Court. The Clerk of Court shall file those paper documents in the appropriate case, but those documents are to be filed as unsealed and publicly available. (B) by an unrepresented party without an e-filing account: the paper documents shall be accepted by the Clerk of Court. Where restricted or sealed documents are submitted under this provision, they must be accompanied by a cover sheet which shall include the following: (1) the caption of the case, including the case number; (2) the title "Sealed Document Pursuant to LR 26.2"; (3) a statement indicating that the document is filed under seal in accordance with an order of the court and the date of that order; and (4) the signature of the unrepresented party filing the document, the party's name and address, and the title of the document. Any document purporting to be a sealed document as defined in LR 26.2 that is not filed in compliance with such procedures shall be processed like any other document and filed as unsealed and publicly available on the Court’s electronic case management system. In such instances, where the document has been submitted in paper and does not show, on the coversheet, compliance with all four of the requirements listed above, the Clerk of Court is authorized to open the sealed envelope and remove the materials for processing as an unsealed document. Committee Comment: Information about the procedures to file a document under seal electronically can be found on the court’s website under the “E-filing” tab. Committee Comment on January 2019 revision: The purpose of the amendment is to ensure that the Clerk and the Clerk’s Office staff are not responsible for paper copies of under-seal materials. Amended April 20, 2004; November 5, 2009; May 18, 2012; April 22, 2019

LR 5.8 Filing Materials Under Seal

LR 5.9 Service by Electronic Means

LR 7.1 Briefs: Page Limit

LR 8.1 Social Security Cases: Notice of Social Security Number

LR 9.1 Three Judge Cases

LR 10.1 Responsive Pleadings

LR 16.1.1 Pretrial Procedures

1. Introduction This pretrial procedure is intended to secure a just, speedy, and inexpensive determination of the issues. If the type of procedure described below does not appear calculated to achieve these ends in this case, counsel should seek an immediate conference with the judge and opposing counsel so that alternative possibilities may be discussed. Failure of either party to comply with the substance or the spirit of this Standing Order may result in dismissal of the action, default or other sanctions appropriate under Fed. R. Civ. P. 16 or 37, 28 U.S.C. §1927 or any other applicable provisions. Parties should also be aware that there may be variances in the forms and procedures used by each of the judges in implementing these procedures. Accordingly, parties should contact the minute clerk for the assigned judge for a copy of any standing order of that judge modifying these procedures. 2. Scheduling Conference Within 60 days after the appearance of a defendant and within 90 days after the complaint has been served on a defendant in each civil case (other than categories of cases excepted by local Civil Rule 16.1), the court will usually set a scheduling conference (ordinarily in the form of a status hearing) as required by Fed.R.Civ.P. 16. At the conference, counsel should be fully prepared and have authority to discuss any questions regarding the case, including questions raised by the pleadings, jurisdiction, venue, pending motions, motions contemplated to be filed, the contemplated joinder of additional parties, the probable length of time needed for discovery and the possibility of settlement of the case. Counsel will have the opportunity to discuss any problems confronting them, including the need for time in which to prepare for trial. 3. Procedures for Complex or Protracted Discovery If at any time during the scheduling conference or later status, hearings it appears that complex or protracted discovery will be sought, the court may (a) determine that the Manual on Complex Litigation 2d be used as a guide for procedures to be followed in the case, or (b) determine that discovery should proceed by phases, or (c) require that the parties develop a joint written discovery plan under Fed.R.Civ.P. 26 (f). If the court elects to proceed with phased discovery, the first phase will address information necessary to evaluate the case, lay the foundation for a motion to dismiss or transfer, and explore settlement. At the end of the first phase, the court may require the parties to develop a joint written discovery plan under Fed.R.Civ.P. 26 (f) and this Standing Order. If the court requires parties to develop a discovery plan, such plan shall be as specific as possible concerning dates, time, and places discovery will be sought and as to the names of persons whose depositions will be taken. It shall also specify the parties' proposed discovery closing date. Once approved by the court, the plan may be amended only for good cause. Where the parties are unable to agree on a joint discovery plan, each shall submit a plan to the court. After reviewing the separate plans, the court may take such action as it deems appropriate to develop the plan. Where appropriate, the court may also set deadlines for filing and a time framework for the disposition of motions. 4. Discovery Closing Date In cases subject to this Standing Order, the court will, at an appropriate point, set a discovery closing date. Except to the extent specified by the court on motion of either party, discovery must be completed before the discovery closing date. Discovery requested before the discovery closing date, but not scheduled for completion before the discovery closing date, does not comply with this order. 5. Settlement Counsel and the parties are directed to undertake a good faith effort to settle that includes a thorough exploration of the prospects of settlement before undertaking the extensive labor of preparing the Order provided for in the next paragraph. The court may require that representatives of the parties with authority to bind them in settlement discussions be present or available by telephone during any settlement conference. If the parties wish the court to participate in a settlement conference, counsel should ask the court or the minute clerk to schedule such conference. In a case where the trial will be conducted without a jury, particularly as the case nears the date set for trial, the preferred method of having the court preside over settlement talks is for the assigned judge to arrange for another judge to preside or to refer the task to a magistrate judge. If the case has not been settled and is placed on the court's trial calendar, settlement possibilities should continue to be explored throughout the period before trial. If the case is settled, counsel shall notify the minute clerk promptly and notice up the case for final order. 6. Final Pretrial Order The court will schedule dates for submission of a proposed final pretrial order ( Order ) and final pretrial conference ( Conference ) in accordance with Fed.R.Civ.P. 16. In the period between notice and the date for submission of the pretrial order: (a) Counsel for all parties are directed to meet in order to (1) reach agreement on any possible stipulations narrowing the issues of law and fact, (2) deal with nonstipulated issues in the manner stated in this paragraph and (3) exchange copies of documents that will be offered in evidence at the trial. The court may direct that counsel meet in person (face-to-face). It shall be the duty of counsel for plaintiff to initiate that meeting and the duty of other counsel to respond to plaintiff's counsel and to offer their full cooperation and assistance to fulfill both the substance and spirit of this standing order. If, after reasonable effort, any party cannot obtain the cooperation of other counsel, it shall be his or her duty to advise the court of this fact by appropriate means. (b) Counsels meeting shall be held sufficiently in advance of the date of the scheduled Conference with the court so that counsel for each party can furnish all other counsel with a statement ( Statement ) of the issues the party will offer evidence to support. The Statement will (1) eliminate any issues that appear in the pleadings about which there is no controversy, and (2) include all issues of law as well as ultimate issues of fact from the standpoint of each party. (c) It is the obligation of counsel for plaintiff to prepare from the Statement a draft Order for submission to opposing counsel. Included in plaintiff's obligation for preparation of the Order is submission of it to opposing counsel in ample time for revision and timely filing. Full cooperation and assistance of all other counsel are required for proper preparation of the Order to fulfill both the substance and spirit of this Standing Order. All counsel will jointly submit the original and one copy of the final draft of the Order to the judge's chambers (or in open court, if so directed) on the date fixed for submission. (d) All instructions and footnotes contained within the Final Pretrial Order form promulgated with this Standing Order must be followed. They will be binding on the parties at trial in the same manner as though repeated in the Order. If any counsel believes that any of the instructions and/or footnotes allow for any part of the Order to be deferred until after the Order itself is filed, that counsel shall file a motion seeking leave of court for such deferral. (e) Any pending motions requiring determination in advance of trial (including, without limitation, motions in limine, disputes over specific jury instructions or the admissibility of any evidence at trial upon which the parties desire to present authorities and argument to the court) shall be specifically called to the court's attention not later than the date of submission of the Order. (f) Counsel must consider the following matters during their conference: (1) Jurisdiction (if any question exists in this respect, it must be identified in the Order); (2) Propriety of parties; correctness of identity of legal entities; necessity for appointment of guardian, administrator, executor or other fiduciary, and validity of appointment if already made; correctness of designation of party as partnership, corporation or individual d/b/a trade name; and (3) Questions of misjoinder or nonjoinder of parties. 7. Final Pretrial Conference At the Conference each party shall be represented by the attorneys who will try the case (unless before the conference the court grants permission for other counsel to attend in their place). All attending attorneys will familiarize themselves with the pretrial rules and will come to the Conference with full authority to accomplish the purposes of Fed.R.Civ.P. 16 (including simplifying the issues, expediting the trial and saving expense to litigants). Counsel shall be prepared to discuss settlement possibilities at the Conference without the necessity of obtaining confirmatory authorization from their clients. If a party represented by counsel desires to be present at the Conference, that party's counsel must notify the adverse parties at least one week in advance of the conference. If a party is not going to be present at the Conference, that party's counsel shall use their best efforts to provide that the client can be contacted if necessary. Where counsel represents a governmental body, the court may for good cause shown authorize that counsel to attend the Conference even if unable to enter into settlement without consultation with counsel’s client. 8. Extensions of Time for Final Pretrial Order or Conference It is essential that parties adhere to the scheduled dates for the Order and Conference, for the Conference date governs the case's priority for trial. Because of the scarcity of Conference dates, courtesy to counsel in other cases also mandates no late changes in scheduling. Accordingly, no extensions of the Order and Conference dates will be granted without good cause, and no request for extension should be made less than 14 days before the scheduled Conference. 9. Action Following Final Pretrial Conference At the conclusion of the Conference the court will enter an appropriate order reflecting the action taken, and the case will be added to the civil trial calendar. Although no further pretrial conference will ordinarily be held thereafter, a final conference may be requested by any of the parties or ordered by the court prior to trial. Any case ready for trial will be subject to trial as specified by the court. 10. Documents Promulgated with the Standing Order Appended to this Standing Order are the following: (a) a form of final pretrial order; (b) a form for use as Schedule (c), the schedule of exhibits for the final pretrial order; (c) a form of pretrial memorandum to be attached to the completed final pretrial order in personal injury cases; (d) a form of pretrial memorandum to be attached to the completed final pretrial order in employment discrimination cases; and (e) guidelines for preparing proposed findings of fact and conclusions of law. Each of the forms is annotated to indicate the manner in which it is to be completed. FINAL PRETRIAL ORDER · PRETRIAL MEMORANDUM FOR USE IN PERSONAL INJURY CASES · PRETRIAL MEMORANDUM FOR USE IN EMPLOYMENT DISCRIMINATION CASES · GUIDELINES FOR PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW The above forms are available from the clerk's office. Adopted June 26, 1985; Amended November 27, 1991 and March 9, 1995

LR 16.1 Standing Order Establishing Pretrial Procedure

LR 16.2 Pretrial Conferences and Status Hearings.

LR 16.3 Voluntary Mediation Program

LR 17.1 Actions By or On Behalf of Infants or Incompetents

LR 24.1 Notice of Claims of Unconstitutionality

LR 26.1 Scheduling Conference

(a) Definitions. As used in this rule the term: "Sealed document" means a document that the court has directed be maintained under seal electronically or, where the court allows a sealed document to be filed non-electronically, within a sealed enclosure such that access to the document requires breaking the seal of the enclosure; and “Sealing order" means any order restricting access to one or more documents filed or to be filed with the court. (b) Sealing Order. The court may for good cause shown enter an order directing that one or more documents be filed under seal. No attorney or party may file a document under seal without order of court specifying the document or portion of a document that may be filed under seal, except that a document may provisionally be filed under seal pursuant to subsection (c) below. (c) Sealing Motion for Documents filed Electronically. Any party wishing to file a document or portion of a document electronically under seal in connection with a motion, brief or other submission must: (1) provisionally file the document electronically under seal; (2) file electronically at the same time a public-record version of the brief, motion or other submission with only the sealed document excluded; and (3) move the court for leave to file the document under seal. The sealing motion must be filed before or simultaneously with the provisional filing of the document under seal and must be noticed for presentment promptly thereafter. Any document filed under seal without such a sealing motion may be stricken by the court without notice. (d) Sealing Motion for Documents not filed Electronically. Where the court has permitted documents to be filed non-electronically, the party seeking to file a document under seal must, before filing the document, move the court for a sealing order specifying the document or portion of a document to be filed under seal. The final paragraph of the order shall state the following information: (1) the identity of the persons, if any, who are to have access to the documents without further order of court; and (2) instructions for the disposition of the restricted documents following the conclusion of the case. A copy of the sealing order must be included with any document presented for filing under seal. The attorney or party submitting a restricted document must file it in a sealed enclosure that conspicuously states on the face of the enclosure the attorney's or party's name and address, including e-mail address if the attorney is registered as a Filing User of electronic case filing, the caption of the case, and the title of the document. (e) Copies Served on Counsel and Judge’s Paper Courtesy Copy. Any sealed document served on any other party and any judge’s paper courtesy copy must be a complete version, without any redactions made to create the public-record version unless otherwise ordered for good cause shown. (f) Docket Entries. The court may on written motion and for good cause shown enter an order directing that the docket entry for a sealed document show only that a sealed document was filed without any notation indicating its nature. Unless the Court directs otherwise, a sealed document shall be filed pursuant to procedures referenced by LR 5.8. (g) Inspection of Sealed Documents. The clerk shall maintain a record in a manner provided for by internal operating procedures approved by the Court of persons permitted access to sealed documents that have not been filed electronically. Such procedures may require anyone seeking access to show identification and to sign a statement to the effect that they have been authorized to examine the sealed document. (h) Disposition of Sealed Non-electronic Documents. When a case is closed in which an order was entered pursuant to section (b) of this rule, the clerk shall maintain the documents filed under seal non-electronically as sealed documents for a period of 63 days following the final disposition including appeals. Except where the court in response to a request of a party made pursuant to this section or on its own motion orders otherwise, at the end of the 63-day period the clerk shall notify the attorney or party who filed the documents that the documents must be retrieved from the clerk’s office within 30 days of notification. If the parties do not retrieve the sealed documents within 30 days, the clerk shall destroy the documents. Amended October 23, 2017

LR 26.2 Sealed Documents

LR 26.3 Discovery Materials Offered in Evidence as Exhibit

LR 26.4 Testimony for Use in Foreign Tribunals

LR 27.1 Depositions: Fees for Attorneys Appointed to Represent Absent Party

LR 33.1 Interrogatories, Form of Answer, Objections

(a) Commencing Proceedings. A proceeding to adjudicate a person in civil contempt of court, including a case provided for in Fed.R.Civ.P. 37(b)(2)(D), shall be commenced by the service of a notice of motion or order to show cause. The affidavit upon which such notice of motion or order to show cause is based shall set out with particularity the misconduct complained of, the claim, if any, for damages occasioned thereby, and such evidence as to the amount of damages as may be available to the moving party. A reasonable counsel fee, necessitated by the contempt proceeding, may be included as an item of damage. Where the alleged contemnor has appeared in the action by an attorney, the notice of motion or order to show cause and the papers upon which it is based may be served upon that attorney; otherwise service shall be made personally, in the manner provided for by Fed.R.Civ.P. 4 for the service of a summons. If an order to show cause is sought, such order may, upon necessity shown therefor, direct the United States marshal to arrest the alleged contemnor. The order shall fix the amount of bail and shall require that any bond signed by the alleged contemnor include as a condition of release that the alleged contemnor will comply with any order of the court directing the contemnor to surrender. (b) Trial. If the alleged contemnor puts in issue the alleged misconduct giving rise to the contempt proceedings or the damages thereby occasioned, the alleged contemnor shall upon demand therefor be entitled to have oral evidence taken thereon, either before the court or before a master appointed by the court. When by law the alleged contemnor is entitled to a trial by jury, unless a written jury demand is filed by the alleged contemnor on or before the return day or adjourned day of the application, the alleged contemnor will be deemed to have waived a trial by jury. (c) Order Where Found in Contempt. In the event the alleged contemnor is found to be in contempt of court, an order shall be entered— (1) reciting or referring to the verdict or findings of fact upon which the adjudication is based; (2) setting forth the amount of damages to which the complainant is entitled; (3) fixing the fine, if any, imposed by the court, which fine shall include the damages found, and naming the person to whom such fine shall be payable; (4) stating any other conditions, the performance whereof will operate to purge the contempt; and (5) directing the arrest of the contemnor by the United States marshal and the confinement of the contemnor until the performance of the condition fixed in the order and the payment of the fine, or until the contemnor be otherwise discharged pursuant to law. Unless the order otherwise specifies, the place of confinement shall be either the Chicago Metropolitan Correctional Center in Chicago, Illinois, or the Winnebago County jail in Rockford, Illinois. No party shall be required to pay or to advance to the marshal any expenses for the upkeep of the prisoner. Upon such an order, no person shall be detained in prison by reason of non-payment of the fine for a period exceeding 6 months. A certified copy of the order committing the contemnor shall be sufficient warrant to the marshal for the arrest and confinement. The aggrieved party shall also have the same remedies against the property of the contemnor as if the order awarding the fine were a final judgment. (d) Discharge Where No Contempt. Where a finding of no contempt is entered, the alleged contemnor shall be discharged from the proceeding. The court may in its discretion for good cause shown enter judgment against the complainant and for the alleged contemnor for the latter’s costs and disbursements and a reasonable counsel fee.

LR 37.1 Contempts

LR 37.2 Motion for Discovery and Production

(a) General. The rules of this Court and any procedures adopted by the Court that deal with the assignment and reassignment of cases shall be construed to secure an equitable distribution of cases, both in quantity and kind, among the judges. Except as specifically provided by the rules of this Court or by procedures adopted by the Court, the assignment of cases shall be by lot. (b) Supervision of Assignment System. The assignment of cases to calendars and judges and the preparation of calendars and supplements thereto shall be done solely under the direction of the Executive Committee by the clerk or a deputy clerk who is designated by the clerk as an assignment clerk. (c) Contempt. Any person who violates the case assignment procedures shall be punished for contempt of court. (d) Condition of Reassignment. No case shall be transferred or reassigned from the calendar of a judge of this Court to the calendar of any other judge except as provided by the rules of this Court or as ordered by the Executive Committee. (e) Calendars. In each Division of the Court there shall be criminal, civil and Executive Committee calendars. The cases on the criminal and civil calendars of the court shall be assigned among the judges in the manner prescribed by the rules of this Court. The cases so assigned shall constitute the calendars of the judges. The calendar of the Executive Committee shall consist of the following classes and categories of cases: (1) civil cases to be transferred to another judge or district for multidistrict litigation pursuant to procedures adopted by the Court; (2) criminal cases to be held on the Committee’s Fugitive Calendar pursuant to procedures adopted by the Court; (3) such cases as are assigned to the Executive Committee for purposes of reassignment; and (4) such other cases as the Executive Committee directs be assigned to its calendar. (f) Calendar of Departing Judge. Cases on the calendar of a judge who dies, resigns, or retires ("departing judge") shall be reassigned as soon as possible under the direction of the Executive Committee, pro rata by lot among the remaining judges, provided that the Committee may direct that such calendar be transferred in its entirety or in part to form the calendar of a newly-appointed district judge where the departing judge was a district judge, or to form the calendar of a newly-appointed magistrate judge where the departing judge was a magistrate judge. Referrals pending before a departing magistrate judge shall be considered returned to the calendar of the district judge before whom the underlying case is pending, provided that the Executive Committee may direct that they be maintained as a calendar for a newly appointed magistrate judge. Where a judge wishes to re-refer a case returned to that judge’s calendar pursuant to this section, the procedure set forth in LR 72.1 shall be followed except that where the Executive Committee approves the referral, it shall direct the clerk to assign it by lot. (g) Calendar for New Judge. A calendar shall be prepared for a newly-appointed judge ("new judge") to which cases shall be transferred by lot, under the direction of the Executive Committee in such number as it may determine. Where the new judge is a magistrate judge, the calendar shall include referrals made pursuant to LR 72.1 and LCR 50.3(d) and cases assigned pursuant to LR 73.1 which shall be transferred by lot, under the direction of the Executive Committee in such number as it may determine. The new magistrate judge will be the designated magistrate judge in all matters on that judge’s calendar. Where a magistrate judge is appointed to succeed a leaving magistrate judge, the Executive Committee may direct that the new judge be the designated magistrate judge in all cases in which the former was the designated magistrate judge at the time of the former’s death, retirement, or resignation. Once a referral has been transferred to a newly appointed judge, as part of the new calendar, it remains with the new judge "as the designated judge". Committee Comment. 28 U.S.C. §137 provides in part as follows: The business of the court having more than one judge shall be divided among the judges as provided by the rules and orders of the court. The chief judge of the district shall be responsible for the observance of such rules and orders, and shall divide the business and assign the cases so far as such rules and orders do not otherwise prescribe. This Court has used a random assignment system for more than 50 years. As stated in section (a), an important goal of the system is to achieve "an equitable distribution of cases, both in quantity and kind, among the judges." Over the years the system grew in complexity. In part, this was a result of increases in the size of the Court, the complexity of its organization and the size of its caseload. It was also a result of a more sophisticated understanding of how the "equitable distribution" should be achieved. An equally important goal is implicit in the sanctions found in section (c). This is that no one should be able to manipulate the assignment system in order to determine in advance which judge will get a case where the assignment is by lot. As part of the process of renumbering the rules to comply with the uniform system adopted by the Judicial Conference of the United States in March 1996, the Court significantly revised its assignment rules. Much of the detail formerly included in local General Rules 2.00 and 2.44, the former assignment rules, has been moved from the rules to procedures adopted by general order. Because of the importance of the assignment system, the Court included this summary to provide parties and counsel with a basic overview of the way in which cases are assigned in this Court. The Court is divided into two divisions: the Eastern at Chicago and the Western at Rockford. Eastern and Western Division cases can be distinguished by their case numbers. Case numbers in the Eastern Division start with the number 1 each year. In the Western Division they start with 50,001. Most of the provisions of the random assignment system apply only to the Eastern Division. For assignment purposes civil cases are grouped into categories, usually by the type of case. The case types chosen for each category are expected over the long run to generate about the same amount of judicial work. Criminal cases are grouped in a similar fashion. The current assignment system is computer based. A separate assignment deck is kept for each category. (Prior to the introduction of the computerized assignment system, physical decks of assignment cards were used. The terms "assignment deck" and even "assignment card" continue in use as metaphors to describe the manner in which the computer operates.) In the deck the name of each regular active judge on full assignment appears an equal number of times. The name of the chief judge appears half as often as a regular active judge. The ratios for senior judges depend on the caseloads they are carrying, varying from being no different from that of a regular active judge, to a one-half share less than all the categories. As part of filing a new case, the assignment clerk enters the case category information into the assignment system. The system keeps track of cases processed and automatically shows the next available case number. Once the case number and category are verified, the computer uses a shuffle procedure to pick a name from one of the unused names remaining in the assignment deck for the category selected. For obvious security reasons, the deputies assigning the cases do not have access to the software that sets up the assignment decks. The deputies responsible for setting up the decks do not assign cases. This system together with the changes in the makeup of the deck due to equalization and the shuffling of the names prior to the actual assignment assures that staff cannot determine in advance the name of the judge to whom a case will be assigned. The assignment system also handles the reassignment of cases. Cases are reassigned for a variety of reasons. The most frequent is the need to reassign a case because it is related to one pending on another judge’s calendar. Recusals result in reassignments or equalization. When a new judge takes office, cases are reassigned from the calendars of sitting judges. When a judge leaves, the cases on the judge’s calendar are reassigned among sitting judges. There are even provisions in the procedures for reassignments due to errors made at assignment. When a judge is appointed to the Court an initial calendar is prepared. It consists of civil cases equal in number to the average number of civil and criminal cases pending on the calendars of sitting judges. The new judge gets only civil cases in the initial calendar. A civil case that was twice previously reassigned to form a new calendar cannot be reassigned a third time for that reason. Any civil case in which the trial is in process or has been held and the case is awaiting final ruling also cannot be reassigned. The remaining cases are arranged in case number order and a random selection is made. In this way the age distribution of the cases on the new judge’s initial calendar reflects the average age distribution of all civil cases pending. Such a distribution serves to provide the new judge with a calendar that is reasonably close to the average in terms of workload. The incoming judge will be added to the Court's criminal case assignment system ninety (90) days from the entry of the initial calendar reassignment order so that the judge shall thereafter receive a full share of such cases. Should the incoming judge be a current Assistant United States Attorney, the judge will be added to the criminal case assignment system after 12 months. Amended October 23, 2017 and November 6, 2019

LR 40.1 Assignment of Cases: General

LR 40.2 Assignment Procedures

(a) To Executive Committee. The following cases or categories of cases shall be assigned to the calendar of the Executive Committee on filing: (1) disciplinary cases brought pursuant to LR 83.25 through LR 83.31; and (2) Such other cases as the chief judge may direct. (b) To Specific Judge. In each of the following instances, the assignment clerk shall assign the case to a judge in the manner specified: (1) Cases filed by Persons in Custody. Any petition for writ of habeas corpus ("habeas corpus petition") or any complaint brought under the Civil Rights Act or 28 U.S.C.§1331 challenging the terms or the conditions of confinement ("civil rights complaint") filed by or on behalf of a person in custody shall be assigned in the same manner as other civil cases except that— (A) a subsequent habeas corpus petition shall be assigned to the judge to whom the most recently filed petition was assigned; (B) a subsequent civil rights complaint shall be assigned to the judge to whom the most recently filed complaint was assigned; (C) a habeas corpus petition to be assigned by lot shall be assigned to a judge other than the judge or judges to whom civil rights complaints filed by or on behalf of the petitioner have been assigned; and (D) a civil rights complaint to be assigned by lot shall be assigned to a judge other than the judge or judges to whom habeas corpus petitions filed by or on behalf of the plaintiff have been assigned. (2) Re-filing of Cases Previously Dismissed. When a case is dismissed with prejudice or without, and a second case is filed involving the same parties and relating to the same subject matter, the second case shall be assigned to the judge to whom the first case was assigned. The designation sheet presented at the time the second case is filed shall indicate the number of the earlier case and the name of the judge to whom it was assigned. (3) Removal of Cases Previously Remanded. When a case previously remanded is again removed, it shall be assigned to the judge who previously ordered it to be remanded. (4) Petitions to Enforce Summonses Issued by the Internal Revenue Service. Where two or more petitions to enforce summonses issued by the Internal Revenue Service ("I.R.S") are presented for filing and the summonses involve the same taxpayer, the first petition shall be assigned by lot in accordance with the rules of this Court and any other petition shall be assigned directly to the judge to whom the first was assigned. The person presenting such petitions for filing shall notify the assignment clerk that they involve the same taxpayer. This section of shall not be construed as authorizing the direct assignment of petitions to enforce administrative process other than summonses issued by the I.R.S. (5) Cases filed to enforce, modify, or vacate judgment. Proceedings to enforce, modify, or vacate a judgment should be brought within the case in which the judgment was entered. If a separate case is filed for the purpose of enforcing, modifying, or vacating a judgment entered in a case previously filed in this District, the case shall be assigned directly to the judge to whom the earlier case was assigned. (6) Tag-along cases in multidistrict proceedings. Where a civil case is filed as a potential tag-along action to a multidistrict litigation ("MDL") proceeding pending in the district, it shall be assigned directly to the judge handling the MDL proceeding. The judge handling the MDL proceeding may, at that judge’s discretion, transfer to the Executive Committee for reassignment by lot any case assigned pursuant to this Rule that either— (A) the MDL Panel determines should not be included in the MDL proceeding, or (B) the judge assigned to the MDL proceeding determines pursuant to Rule 13 of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation is not a tag-along case, or (C) requires trial following the completion of the consolidated discovery. (c) Direct Assignment in Social Security Cases. In a proceeding for judicial review of a final decision by the Commissioner of Social Security pursuant to 42 U.S.C. § 405(g), when a district judge or magistrate judge remands the case for further administrative proceedings, any subsequent proceedings in the district court involving that matter shall be assigned to the district and magistrate judge to which the preceding action for judicial review was originally assigned. Comment. The inclusion of section (c) will ensure that the judicial officer who originally decided to remand the case be assigned to review any subsequent appeals after remand to the Social Security Administration.

LR 40.3 Direct Assignment of Cases

(a) Referral to Bankruptcy Judges. Pursuant to 28 U.S.C. §157(a), all cases under Title 11 U.S.C. and all proceedings arising under Title 11 U.S.C. or arising in or related to any cases under Title 11 U.S.C. are referred to the bankruptcy judges of this District. (b) Assignment by Lot. Except as provided by sections (c) and (d), each of the following items shall be assigned by lot to a district judge: (1) motions pursuant to 28 U.S.C. §157(d) (including a recommendation by a bankruptcy judge) for the withdrawal of the reference of a bankruptcy (“B”) case, or of a contested matter or adversary (“A”) proceeding within a bankruptcy case; (2) objections to proposed findings of fact and conclusions of law of a bankruptcy judge filed pursuant to 28 U.S.C.§157(a)(1); (3) appeals pursuant to 28 U.S.C. §158(a)(1); (4) motions for leave to appeal pursuant to 28 U.S.C. §158(a)(3); and (5) applications for a writ of mandamus or a similar writ in connection with a bankruptcy case, contested matter, or adversary proceeding. All such assignments shall be made using the Civil II assignment category, except that objections to proposed findings and conclusions shall be assigned using the Civil III assignment category. The clerk is directed to assign a case so designated to the judge on whose calendar the previously filed case was assigned. (c) Direct Assignment for Rehearing. Whenever there is activity in bankruptcy court following a district judge’s consideration of any of the items described in section (b), any subsequent proceedings in the district court involving that item shall be assigned to the district judge who considered the item initially. (d) Relatedness. The provisions of LR 40.4 are applicable to the items described in section (b). (e) Designation Sheet. The person filing any of the items described in paragraph (b) shall complete the designation sheet required by LR 3.1 and include on the sheet a designation of any such item, previously heard by the district court, that the filer believes would require direct assignment of the filing pursuant to this rule.

LR 40.3.1 Assignments Involving Bankruptcy

(a) Definitions. Two or more civil cases may be related if one or more of the following conditions are met: (1) the cases involve the same property; (2) the cases involve some of the same issues of fact or law; (3) the cases grow out of the same transaction or occurrence; or (4) in class action suits, one or more of the classes involved in the cases is or are the same. (b) Conditions for Reassignment. A case may be reassigned to the calendar of another judge if it is found to be related to an earlier-numbered case assigned to that judge and each of the following criteria is met: (1) both cases are pending in this Court; (2) the handling of both cases by the same judge is likely to result in a substantial saving of judicial time and effort; (3) the earlier case has not progressed to the point where designating a later filed case as related would be likely to delay the proceedings in the earlier case substantially; and (4) the cases are susceptible of disposition in a single proceeding. (c) Motion to Reassign. A motion for reassignment based on relatedness may be filed by any party to a case. The motion shall— (1) set forth the points of commonality of the cases in sufficient detail to indicate that the cases are related within the meaning of section (a), and (2) indicate the extent to which the conditions required by section (b) will be met if the cases are found to be related. A copy of the complaint or other relevant pleading in each of the higher-numbered cases that are the subject of the motion shall be attached to the motion. The motion shall be filed in the lowest-numbered case of the claimed related set and noticed before the judge assigned to that case. Where all the cases claimed to be related are assigned to magistrate judges on consent, then the motion shall be filed with the magistrate judge before whom the lowest-numbered case is pending. Where one or more of the cases claimed to be related is assigned to a magistrate judge on consent and one or more of the remaining cases is assigned to a district judge, the motion shall be filed with the district judge having the lowest-numbered case. In order that all parties to a proceeding be permitted to respond on the questions of relatedness and possible reassignment, such motions should not generally be filed until after the answer or motions in lieu of answer have been filed in each of the proceedings involved. (d) Ruling on Motion. The judge to whom the motion is presented may consult with the judge or judges before whom the other case or cases are pending. The judge shall enter an order finding whether the cases are related within the meaning of the rules of this Court and, if they are, whether the higher-numbered case or cases should be reassigned. Where the judge finds that the cases are related and that reassignment should take place, a copy of that finding will be forwarded to the Executive Committee together with a request that the Committee reassign the higher-numbered case or cases. A copy of any finding that cases either are or are not related and, if they are, that reassignment should or should not take place shall also be sent to each of the judges on whose calendar one or more of the higher-numbered cases is or are pending. Any judge to whom one or more of the cases involved is or are assigned may seek a review of the finding by the Executive Committee. The order entered by the Committee following review shall be final. Amended November 2, 2010

LR 40.5 Remands, Procedures for Following Appeals

LR 41.1 Dismissal for Want of Prosecution or By Default

LR 45.1 Attaching a Note to the Subpoena Permitted

LR 47.1 Juries

LR 53.1 Masters

(a) Time to File. Within 30 days of the entry of a judgment allowing costs, the prevailing party shall file a bill of costs with the clerk and serve a copy of the bill on each adverse party. If the bill of costs is not filed within 30 days, costs other than those of the clerk, taxable pursuant to 28 U.S.C. §1920, shall be deemed waived. The court may, on motion filed within the time provided for the filing of the bill of costs, extend the time for filing the bill. (b) Transcript Costs. Subject to the provisions of Fed.R.Civ.P. 54(d), the expense of any prevailing party in necessarily obtaining all or any part of a transcript for use in a case, for purposes of a new trial, or amended findings, or for appeal shall be taxable as costs against the adverse party. If in taxing costs the clerk finds that a transcript or deposition was necessarily obtained, the costs of the transcript or deposition shall not exceed the regular copy rate as established by the Judicial Conference of the United States and in effect at the time the transcript or deposition was filed unless some other rate was previously provided for by order of court. Court reporter appearance fees may be awarded in addition to the per page limit, but the fees shall not exceed the published rates on the Court website unless another rate was previously provided by order of court. Except as otherwise ordered by the court, only the cost of the original of such transcript or deposition together with the cost of one copy each where needed by counsel and, for depositions, the copy provided to the court shall be allowed. (c) Bond Premiums. If costs shall be awarded by the court to either or any party then the reasonable premiums or expenses paid on all bonds or stipulations or other security given by the party in that suit shall be taxed as part of the costs of that party. (d) Fee of Special Master. After a master’s compensation and disbursements have been allowed by the court, the prevailing party may pay such compensation and disbursements, and on payment the amount thereof shall be a taxable cost against the unsuccessful party or parties. Where, however, the court directs by order the parties against whom, or the proportion in which such compensation and disbursements shall be charged, or the fund or subject matter out of which they shall be paid, the party making the payment to the master shall be entitled to tax such compensation and disbursements only against such parties and in such proportions as the court has directed, and to payment of such taxable cost only out of such fund or subject matter as the court has directed. Committee Comment This Rule has been amended in response to the Seventh Circuit Court of Appeals decision in Harney v. City of Chicago, ... F.3d ..., 2012 WL 6097336 *10 (7th Cir. Dec. 10, 2012), in which the Court of Appeals recommended adoption of "an amendment of that rule [LR 54.1] clarifying the availability of court reporter appearance fees over and above the allowable per page amount." Amended May 24, 2013

LR 54.1 Taxation of Costs

LR 54.2 Jury Costs for Unused Panels

(a) Definitions; General. For the purposes of this rule - (1) "Fee motion" means a motion, complaint or any other pleading seeking only an award of attorney’s fees and related nontaxable expenses, (2) "Movant" means the party filing the fee motion, (3) "Respondent" means a party from whom the movant seeks payment, and (4) "Related nontaxable expenses" means any expense for which a prevailing party may seek reimbursement other than costs that are taxed by the clerk pursuant to Fed.R.Civ.P. 54(d)(1). Unless otherwise ordered by the court, this rule does not apply to motions for sanctions under Fed.R.Civ.P. 11 or other sanctions provisions. Sections (d) through (g) govern a fee motion that would be paid by a party to the litigation rather than out of a fund already created by judgment or by settlement. (b) Time to File. Either before or after the entry of judgment the court may enter an order with respect to the filing of a fee motion pursuant to Fed.R.Civ.P. 54. Unless the court’s order includes a different schedule for such filing, the motion shall be filed in accordance with the provisions of this rule and shall be filed and served no later than 91 days after the entry of the judgment or settlement agreement on which the motion is founded. If the court has not entered such an order before a motion has been filed pursuant to Fed.R.Civ.P. 54(d)(2)(B), then after such filing the court may order the parties to comply with the procedure set out in this rule as a post-filing rather than as a pre-filing procedure. (c) Effect on Appeals. The filing of a fee motion shall not stop the running of the time for appeal of any judgment on which the motion is founded. Where the parties reach an agreement as to the award and the award is to be based on a judgment, unless the agreement provides otherwise, it shall affect neither a party’s right to appeal the fee order resulting from the agreement nor a party’s right to seek a subsequent increase, decrease or vacation of the agreed award in the event the underlying judgment is reversed or modified by subsequent judicial proceedings or settlement. The time requirements of Fed.R.Civ.P. 59 are not changed by this rule. (d) Pre-Motion Agreement. The parties involved shall confer and attempt in good faith to agree on the amount of fees or related nontaxable expenses that should be awarded prior to filing a fee motion. During the attempt to agree, the parties shall, upon request, provide the following information to each other: (1) The movant shall provide the respondent with the time and work records on which the motion will be based, and shall specify the hours for which compensation will and will not be sought. These records may be redacted to prevent disclosure of material protected by the attorney-client privilege or work product doctrine. (2) The movant shall inform the respondent of the hourly rates that will be claimed for each lawyer, paralegal, or other person. If the movant’s counsel or other billers have performed any legal work on an hourly basis during the period covered by the motion, the movant shall provide representative business records sufficient to show the types of litigation in which such hourly rates were paid and the rates that were paid in each type. If the movant’s counsel has been paid on an hourly basis in the case in question or in litigation of the same type as the case in question, records showing the rates paid for those services must be provided. If the movant will rely on other evidence to establish appropriate hourly rates, such as evidence of rates charged by attorneys of comparable experience and qualifications or evidence of rates used in previous awards by courts or administrative agencies, the movant shall provide such other evidence. (3) The movant shall furnish the evidence that will be used to support the related nontaxable expenses to be sought by the motion. (4) The movant shall provide the respondent with the above information within 21 days of the judgment or settlement agreement upon which the motion is based, unless the court sets a different schedule. (5) If no agreement is reached after the above information has been furnished, the respondent shall, within 21 days of receipt of that information, disclose the total amount of attorney’s fees paid by respondent (and all fees billed but unpaid at the time of the disclosure and all time as yet unbilled and expected to be billed thereafter) for the litigation and shall furnish the following additional information as to any matters (rates, hours, or related nontaxable expenses) that remain in dispute: (A) the time and work records (if such records have been kept) of respondent’s counsel pertaining to the litigation, which records may be redacted to prevent disclosure of material protected by the attorney-client privilege or work product doctrine; (B) evidence of the hourly rates for all billers paid by respondent during the litigation; (C) evidence of the specific expenses incurred or billed in connection with the litigation, and the total amount of such expenses; and (D) any evidence the respondent will use to oppose the requested hours, rates, or related nontaxable expenses. By providing the opposing party with information under this rule about the party’s hours, billing rates and related nontaxable expenses, no party shall be deemed to make any admission or waive any argument about the relevance or effect of such information in determining an appropriate award. Within 14 days after the above exchange of information is completed and before the motion is filed, the parties shall specifically identify all hours, billing rates, or related nontaxable expenses (if any) that will and will not be objected to, the basis of any objections, and the specific hours, billing rates, and related nontaxable expenses that in the parties' respective views are reasonable and should be compensated. The parties will thereafter attempt to resolve any remaining disputes. All information furnished by any party under this section shall be treated as strictly confidential by the party receiving the information. The information shall be used solely for purposes of the fee litigation, and shall be disclosed to other persons, if at all, only in court filings or hearings related to the fee litigation. A party receiving such information who proposes to disclose it in a court filing or hearing shall provide the party furnishing it with prior written notice and a reasonable opportunity to request an appropriate protective order. (e) Joint Statement. If any matters remain in dispute after the above steps are taken, the parties, prior to the filing of the fee motion, shall prepare a joint statement listing the following: (1) the total amount of fees and related nontaxable expenses claimed by the moving party (If the fee request is based on the "lodestar" method, the statement shall include a summary table giving the name, claimed hours, claimed rates, and claimed totals for each biller.); (2) the total amount of fees and/or related nontaxable expenses that the respondent deems should be awarded (If the fees are contested, the respondent shall include a similar table giving respondent’s position as to the name, compensable hours, appropriate rates, and totals for each biller listed by movant.); (3) a brief description of each specific dispute remaining between the parties as to the fees or expenses; and (4) a statement disclosing— (A) whether the motion for fees and expenses will be based on a judgment or on a settlement of the underlying merits dispute, and (B) if the motion will be based on a judgment, whether respondent has appealed or intends to appeal that judgment. The parties shall cooperate to complete preparation of the joint statement no later than 70 days after the entry of the judgment or settlement agreement on which the motion for fees will be based, unless the court orders otherwise. (f) Fee Motion. The movant shall attach the joint statement to the fee motion. Unless otherwise allowed by the court, the motion and any supporting or opposing memoranda shall limit their argument and supporting evidentiary matter to disputed issues. (g) Motion for Instructions. A motion may be filed seeking instructions from the court where it appears that the procedures set forth in this rule cannot be followed within the time limits established by the rule or by order of court because of— (1) the inability of the parties to resolve a dispute over what materials are to be turned over or the meaning of a provision of the rule, (2) the failure of one or more of the parties to provide information required by the rule, or (3) other disputes between the parties that cannot be resolved after good faith attempts. The motion shall state with specificity the nature of the dispute or items not turned over and the attempts made to resolve the dispute or to obtain the items. The motion must be filed not later than 14 days following the expiration of the time within which the matter in dispute or the materials not turned over should have been delivered in accordance with the timetable set out in this rule or in the court’s order. The court may on motion filed pursuant to this section, or on its own initiative, modify any time schedule provided for by this rule. Amended July 6, 2000; April 3, 2008 (nunc pro tunc December 16, 2004); and August 19, 2009

LR 54.3 Attorney's Fees and Related Non-taxable Expenses

LR 54.4 Judgment of Foreclosure

LR 56.1. Motions for Summary Judgment (a) Moving Party. With each summary judgment motion filed under Fed. R. Civ. P. 56, the moving party must serve and file— (1) a supporting memorandum of law that complies with LR 56.1(g); and (2) a statement of material facts that complies with LR 56.1(d) and that attaches the cited evidentiary material. (3) Failure to comply with LR 56.1(a)(1) or (a)(2) may be grounds for denial of the motion. (b) Opposing Party. Each party opposing a summary judgment motion shall serve and file— (1) a supporting memorandum of law that complies with LR 56.1(g); (2) a response to the LR 56.1(a)(2) statement of material facts that complies with LR 56.1(e) and that attaches any cited evidentiary material not attached to the LR 56.1(a)(2) statement; and (3) if the opposing party wishes to assert facts not set forth in the LR 56.1(a)(2) statement or the LR 56.1(b)(2) response, a statement of additional material facts that complies with LR 56.1(d) and that attaches any cited evidentiary material not attached to the LR 56.1(a)(2) statement or LR 56.1(b)(2) response. (c) Moving Party’s Reply. After an opposing party files its materials under LR 56.1(b), the movant shall serve and file— (1) a reply memorandum of law that complies with LR 56.1(g); and (2) a response to the LR 56.1(b)(3) statement of additional material facts (if any) that complies with LR 56.1(e) and that attaches any cited evidentiary material not attached to the LR 56.1(a)(3) statement, the LR 56.1(b)(2) response, or the LR 56.1(b)(3) statement. (d) Statement of Material Facts. (1) Form. Each LR 56.1(a)(2) statement of material facts and LR 56.1(b)(3) statement of additional facts must consist of concise numbered paragraphs. (2) Citations. Each asserted fact must be supported by citation to the specific evidentiary material, including the specific page number, that supports it. The court may disregard any asserted fact that is not supported with such a citation. (3) All evidentiary material identified in LR 56.1(a)(2) and LR 56.1(b)(3) citations must be included as numbered exhibits with the statements of fact. (4) LR 56.1(a)(2) statements of material facts and LR 56.1(b)(3) statements of additional facts should not contain legal argument. (5) A movant’s LR 56.1(a)(2) statement of material facts must not exceed 80 numbered paragraphs. An opposing party’s LR 56.1(b)(3) statement of additional facts must not exceed 40 numbered paragraphs. A party must seek the court’s permission before exceeding these limits. (e) Response to Statement of Facts. (1) Form. Each LR 56.1(b)(2) and LR 56.1(c)(2) response must consist of numbered paragraphs corresponding to the numbered paragraphs in the LR 56.1(a)(2) or LR 56.1(b)(3) statement, respectively, and must attach the evidentiary material identified in LR 56.1(b)(2) and LR 56.1(c)(2), respectively. Each paragraph shall set forth the text of the asserted fact (including its citations to the supporting evidentiary material), and then shall set forth the response. (2) Content. Each response must admit the asserted fact, dispute the asserted fact, or admit in part and dispute in part the asserted fact. If the response admits in part and disputes in part the asserted fact, it must specify which part of the asserted fact is admitted and which part is disputed. A response may not set forth any new facts, meaning facts that are not fairly responsive to the asserted fact to which the response is made. A response may not assert legal arguments except to make an objection, including objections based on admissibility, materiality, or absence of evidentiary support. Motions to strike all or portions of an opposing party’s LR 56.1 submission are disfavored. If a party contends that its opponent has included objectionable or immaterial evidence or argument in a LR 56.1 submission, the party’s argument that the offending material should not be considered should be included in its response or reply brief. In the event that the objection is overruled, the failure to admit or dispute an asserted fact may constitute a waiver. (3) Citations. To dispute an asserted fact, a party must cite specific evidentiary material that controverts the fact and must concisely explain how the cited material controverts the asserted fact. Asserted facts may be deemed admitted if not controverted with specific citations to evidentiary material. (f) Reply in Support of Statement of Facts. No reply to a LR 56.1(b)(2) or LR 56.1(c)(2) response is permitted without the court’s permission. The moving party may use its reply memorandum of law to respond to an evidentiary or materiality objection raised in a LR 56.1(b)(2) response. The opposing party must seek permission from the court for a supplemental filing to respond to an evidentiary or materiality objection raised in a LR 56.1(c)(2) response. (g) Memorandum of Law. Each memorandum of law must set forth legal argument in support of or opposition to summary judgment and may include a statement of facts. When addressing facts, the memorandum must cite directly to specific paragraphs in the LR 56.1 statements or responses. Adopted April 20, 2006. Amended February 18, 2021

LR 56.1 Motions for Summary Judgment

LR 56.2. Notice to Unrepresented Litigants Opposing Summary Judgment Any party moving for summary judgment against an unrepresented party shall serve the unrepresented party with its summary judgment papers and a copy of Federal Rule of Civil Procedure 56, Local Rule 56.1, and this Local Rule 56.2 Notice. The moving party must also file this Local Rule 56.2 Notice, with a certificate of service. If the unrepresented party is not the plaintiff, the movant shall revise this Local Rule 56.2 Notice to describe the parties, movant, and nonmovant. Notice to Unrepresented Litigants Opposing Summary Judgment The defendant has moved for summary judgment against you. That makes the defendant the “movant” and you the “nonmovant.” By moving for summary judgment, the defendant is arguing to the judge that there is no need for a trial because: (1) there is no legitimate disagreement about the important facts of the case; and (2) applying the law to those facts, the defendant wins. The defendant may move for partial summary judgment (meaning only as to some of the claims or issues raised by your complaint) or for summary judgment on all claims. When moving for summary judgment, the defendant must serve on you and file: (1) a statement of facts, which is a list of the facts the defendant thinks are true and undisputed; (2) the evidence that supports those facts; and (3) a memorandum of law that makes a legal argument about why the defendant wins based on the law and the facts. There are rules that both lawyers and people without lawyers must follow in moving for or opposing summary judgment. If you do not follow the rules, then the judge may not consider your facts or your arguments. This notice is meant to help explain the summary judgment process to you. If you have more questions, you can visit the United States District Court for the Northern District of Illinois’s Clerk’s Office on the 20th floor of the Everett McKinley Dirksen U.S. Courthouse, 219 S. Dearborn, Chicago, Illinois 60604, and ask about the William J. Hibbler Memorial Pro Se Assistance Program. You can also make an appointment with the program online. This program cannot provide you with a lawyer but can answer certain procedural questions about opposing summary judgment. What You Must File To respond to the summary judgment motion, you must file, as separate documents: · a response to the defendant’s statement of material facts (see Section I); · a statement of additional facts, if you want the judge to consider facts not included in the defendant’s statement of material facts or your response to the defendant’s statement (see Section II); · the evidentiary material that supports your response to the defendant’s statement of facts and any statement of additional facts (the material should be labeled as exhibits); and · a memorandum of law that explains why the defendant is not entitled to summary judgment based on the facts and the law (see Section III). More details about these documents are below. If you do not respond to the defendant’s summary judgment motion by the deadline the judge gives you, the judge may rule on the motion based solely on what the defendant has to say. Even if you file your own summary judgment motion, you still must respond to the defendant’s summary judgment motion. I. Response to Defendant’s Statement of Facts The defendant has listed what it thinks are undisputed facts in a series of short paragraphs. This document is called a “statement of facts.” For each fact, the defendant must point to evidence—such as affidavits, deposition transcripts, recordings, and other documents—that the fact is true. You must respond to each of the defendant’s facts, paragraph by paragraph. If you do not respond to a fact asserted by the defendant, the judge may decide that you have admitted that the fact is true. Here is how you can respond to a fact asserted by the defendant: (a) Admit it. If you agree with a fact, write “Admitted.” If you admit a fact in your response, you cannot later deny that fact in your statement of additional facts or in your legal argument. (b) Dispute it. If you think that a fact is not supported by the evidentiary material cited by the defendant, you should write “Disputed” and then briefly explain why you dispute the fact and cite the specific page(s) of evidence that supports your position. If your response cites evidence that the defendant did not submit, you must include that additional evidence in an appendix filed and served along with your response. For example, if the defendant asserts that the traffic light was red at a particular time and supports that assertion with an affidavit, and if you believe that the light was green at that time, you can dispute the asserted fact and cite to evidentiary material (such as an affidavit, declaration, or deposition testimony) that supports your view that the light was green. (c) Object to evidence that the defendant submitted. If you would like to object to a particular piece of evidence cited in the defendant’s statement of facts—for example, because it is not relevant or is hearsay—you should briefly explain your objection. When addressing facts, the memorandum must cite directly to specific paragraphs in the LR 56.1 statements or responses. If you both disagree with a fact and object to the evidence that the defendant cites to support that fact, then your response to that fact should explain both your denial of the fact and your objection. If you object to the defendant’s evidence but do not deny the fact, and the judge overrules your objection, then the judge may consider you to have admitted the fact. Do not include these things in your response to statements of fact: · New facts. To state new facts, meaning facts that are not fairly responsive to the defendant’s asserted facts, list them in your separate statement of additional fact (see Section II). · Legal arguments. Legal arguments must be made in your brief (see Section III). The one exception is for arguments in support of legal objections (for example, hearsay) to the evidentiary material cited by the defendant. For help formatting your response to the defendant’s statement of facts, see the Local Rule 56.1 examples on the court’s website. II. Statement of Additional Facts If you want the judge to consider new facts—meaning facts other than those in the defendant’s statement of facts or your response to the statement of facts—you must submit a statement of additional facts as a separate document from your response to the defendant’s statement. If you do not submit a statement of additional facts, the judge may consider only the asserted facts in the defendant’s statement of facts and any facts in your response to the defendant’s statement of facts that are fairly responsive to the defendant’s asserted facts. Your statement of additional facts should be organized into short, numbered paragraphs with no more than one fact in each paragraph. Unless you get permission from the judge, your statement of additional facts must not have more than 40 numbered paragraphs. You must support each fact with a citation to a specific piece of evidence that supports it. For example, you might cite a particular page of a deposition transcript, a particular paragraph of an affidavit, or a timestamp on a recording. You can cite the evidence that the defendant submitted with its statement of material facts to support your statement of additional facts. You can also cite your own evidence that the defendant did not submit, but you must file and serve that evidence along with your statement of additional facts. If you want to submit evidence of your own testimony (other than a deposition transcript), you should prepare an affidavit or declaration, which sets forth facts you know to be true based on your personal knowledge. An affidavit must be signed and notarized, while a declaration must be signed and include the following language from 28 U.S.C. § 1746: “I declare under penalty of perjury that the foregoing is true and correct. Executed on [insert date]. [Signature].” For help formatting your statement of additional facts, see the Local Rule 56.1 examples on the court’s website. The defendant will have an opportunity to respond to your statement of additional facts. III. Memorandum of Law The defendant has submitted a legal memorandum explaining why it should win the case on summary judgment based on its statement of facts and governing law. You must answer that brief by filing a memorandum that responds to the defendant’s arguments and explains why the defendant should not win the case on summary judgment. Your memorandum should be separate from your response to the defendant’s statement of facts and your statement of additional facts. Your memorandum should explain why the defendant is not entitled to summary judgment. If you do not make a legal argument in your memorandum, you may lose the opportunity to make that argument on appeal. You can argue that because you and the defendant disagree on important facts, there needs to be a trial to decide which of you is right about those facts. You can also explain why the defendant’s legal arguments are wrong based on the law or based on the facts that you disputed in your response and/or that you included in your statement of additional facts. IV. Federal Rule of Civil Procedure 56 and Local Rule 56.1 Summary judgment is governed by Federal Rule of Civil Procedure 56, and the United States District Court for the Northern District of Illinois also has a Local Rule 56.1. Local Rule 56.1(a) explains what someone seeking summary judgment must submit, and Local Rule 56.1(b) explains what you need to do to oppose summary judgment. Reading this Notice is not a substitute for reviewing Rule 56 and Local Rule 56.1. You should be familiar with Rule 56 and Local Rule 56.1 before you prepare your opposition to summary judgment. You should also review the Local Rule 56.1 examples on the court’s website. Amended February 19, 2021

LR 56.2 Notice to Unrepresented Litigants Opposing Summary Judgment

LR 58.1 Satisfaction of Judgment

LR 62.1 Supersedeas Bond

LR 65.1 Sureties on Bonds

LR 65.2 Approval of Bonds by the Clerk

LR 65.3 Security for Costs

LR 65.1.1 Notice of Motion to Enforce Liability of Supersedeas Bond

LR 66.1 Receivers; Administration of Estates

A party may deposit money in the court registry under Fed. R. Civ. P. 67(a) only by court order. (a) Motion to Deposit Money A party seeking to deposit money in the court registry must complete the following: (1) file a motion for leave to make the deposit using the requested relief in CM/ECF; (2) attach a copy of a completed Registry Deposit Information Form as an exhibit to the motion for leave to make the deposit; and (3) submit a proposed order specifying the amount of money to be deposited to the judge’s proposed order inbox. The Clerk will administer money deposited into the court registry pursuant to 28 U.S.C. § 2041. (b) Court Registry Investment System (1) The Clerk will deposit all registry money in the Court Registry Investment System (CRIS) of the Administrative Office of the U.S. Courts pursuant to General Order 16-0017. (2) The Clerk will deposit all interpleader money deposited pursuant to 28 U.S.C. § 1335 in the CRIS Disputed Ownership Fund pursuant to General Order 16-0017. (3) Funds will not begin to accrue interest until they have cleared with the Treasury. (c) Custodian of CRIS Funds The Director of the Administrative Office of the U.S. Courts is the custodian of the CRIS funds and may, without further order of the court : (1) assess fees based on the District Court Miscellaneous Fee Schedule; (2) withhold and pay federal taxes on Disputed Ownership Funds; and (3) distribute income from fund investments after assessing fees. The Court’s order for disbursement of invested registry funds must include the name and address of the payee(s) in addition to the total amount of principal and interest. If the amount of interest is not known, the order shall read “principal plus interest” which will be disbursed to each payee. For the Clerk to comply with the IRS Code and the rules thereunder, payees receiving interest must provide a W-9 Taxpayer Identification and Certification form to the Clerk’s Office via email to fiscal.ilnd@ilnd.uscourts.gov prior to the disbursement from the invested account. In criminal cases, where funds are deposited pre-judgment, the Clerk shall withdraw and apply any interest earned towards the criminal financial obligations imposed against the defendant absent a court order directing otherwise. Should the principal amount deposited with the Clerk fully satisfy the criminal financial obligations imposed, the Clerk shall distribute any earned interest to the United States Crime Victims Fund absent a court order entered at the time of sentencing directing otherwise. Amended October 23, 2017 and March 22, 2019

LR 67.1 Investment of Funds Deposited with Clerk

LR 69.1 Notice of Sale

LR 72.1 Designated Magistrate Judges: Referrals

a. Right to Reassignment Upon Consent.Upon consent of all the parties, and upon approval of the district judge to whom the case is assigned, a magistrate judge may conduct all proceeding in a civil case, including a jury or non-jury trial and entry of judgment in the case. b. Notification to all Parties of Right to Consent.The Clerk of the court shall notify the parties in all civil cases that they may, but are not required to, consent to have a magistrate judge conduct any or all proceedings in a case and order the entry of a final judgment. Such notice shall be given by docket entry made at the time the case is filed. In the case of paper filed complaints the Clerk shall provide such notice by mail. c. Procedure for Parties to Consent to Appear Before a Magistrate Judge. To signify their consent to the jurisdiction of the magistrate judge the parties must jointly file a statement consenting to the reassignment. Forms of Consent to Exercise of Jurisdiction by a Magistrate Judge may be utilized for such purpose; however, any joint filing signifying the parties’ consent to have all proceedings handled by the magistrate judge (such as in an Initial Status Report or proposed Case Management Order) is sufficient provided all parties sign such consent. d. Reassignment of Case Upon Consent.Any judge wishing to reassign a case pending on that judge’s calendar to a magistrate judge following the consent by all parties to have the magistrate judge conduct any and all proceedings in that case will transfer the case to the calendar of the designated magistrate judge. e. Magistrate Judge Reassignment After Consent Occurs.If a case in which a consent has been filed is reassigned to a magistrate judge other than the magistrate judge designated pursuant to Local Rule 72.1, the parties may object within 21 days of such reassignment. If a timely objection is filed by any party, the case will be reassigned to the district judge before whom it was last pending. If no objection has been filed within 21 days, the parties will be deemed to have consented to the reassignment. f. Party Added After Consent Occurs.A party added to a civil case after the case has been transferred to the magistrate judge on consent will be given an opportunity to consent to the continued exercise of case-dispositive authority by the magistrate judge. The Clerk will notify the additional party of the availability of a magistrate judge to exercise jurisdiction. A party choosing to consent must, within 30 days of appearance, file a statement consenting to the jurisdiction of the magistrate judge. The case will be returned to the district judge for all further proceedings unless a statement is properly signed and filed. g. Limited consents. Parties may consent to the transfer of part of a proceeding to a magistrate judge to act pursuant to 28 U.S.C.§ 636(c). Such consents shall be filed in the same manner as the consents for a transfer of the entire proceeding. Upon notification of the filing of such consents by the parties, the district judge may transfer that portion of the case covered by the consents for reassignment to the calendar of the designated magistrate judge. Where such a reassignment is made, the case shall remain on the calendar of the district judge. Amended May 24, 2013, February 9, 2021, and October 20, 2021

LR 73.1 Magistrate Judges: Reassignment on Consent

LR 77.1 Places of Holding Court

(a) Definitions. For the purpose of these rules— (1) "Emergency judge" means the judge assigned to perform the duties of emergency judge specified by any local rule or procedure adopted by the Court, (2) "Emergency magistrate judge" means the magistrate judge assigned to perform the duties of emergency magistrate judge specified by any local rule or procedure adopted by the Court, and (3) "Emergency matter" means a matter of such a nature that the delay in hearing it that would result from its being treated as any other matter would cause serious and irreparable harm to one or more of the parties to the proceeding if requests for continuances or leave to file briefs or interrogatories in excess of the limits prescribed by these rules will normally be entertained as emergency matters only during the summer sessions, and (4) "Summer session" means the fourteen-week period beginning on the first Monday in June. (b) Duties of Emergency Judge. The emergency judge is responsible for hearing all emergency matters not previously assigned to a judge of this Court that arise outside of the regular business hours of the Court, except for discovery motions as set forth in subsection (c) below. During regular office hours other than in the summer session, the emergency judge will not hear emergency matters arising out of the cases assigned to the calendar of another judge where that judge is sitting, except on approval of the chief judge at the request of the judge to whom the case is assigned. The emergency judge will also hear the following matters or preside at the following ceremonies: (1) petitions for admission brought by attorneys wishing to be admitted to practice before the Court; (2) requests for review or de novo determinations of matters directly assigned to the duty magistrate brought pursuant to LCR 50.4; (3) petitions presented by the United States Immigration and Naturalization Service; (4) ceremonies for the mass admission of attorneys to the bar of this Court; and (5) ceremonies for the administration of the oath of allegiance to newly naturalized citizens. (c) Any emergency matter involving discovery or requests for protective orders that would otherwise be brought before the emergency judge are referred and shall be brought before the magistrate judge assigned to the case (or the emergency magistrate judge when the assigned magistrate judge is not sitting). (d) Duties of Emergency Magistrate Judge. The emergency magistrate judge is responsible for hearing any emergency matter arising in a case referred or assigned to a magistrate judge when that magistrate judge is not sitting. (e) Western Division. A party in a case filed in or to be filed in the Western Division with an emergency matter should first contact the active Western Division district judge, or in that judge’s absence, the Western Division magistrate judge who has been designated to be the duty magistrate judge in the Western Division. If neither can be reached, then the emergency judge is authorized to handle the matter. Committee Comment. In general, matters are to be presented to the judge to whom the case is assigned. Under procedures adopted by the Court, if a judge anticipates being absent temporarily, that judge will designate another judge to hear the absent judge's call. The name of the designated judge is posted on the door of the courtroom regularly used by the absent judge. It is also posted on the Court’s website. If the absent judge did not designate another judge or where both the absent judge and the designated judge are unavailable, an emergency matter can then be taken before the emergency judge. If the emergency judge should also be unavailable, the matter can be brought to the attention of the chief judge. The chief judge is the chairperson of the Executive Committee, the Court's calendar committee. In that role the chief judge can instruct the parties as to which judge should hear the matter. While emergency matters arising outside of regular business hours are rare, it is not unusual that a party can anticipate that happening. An example is ongoing negotiations which, if they do not reach agreement, will lead one of the parties to seek injunctive relief and the negotiations must be concluded by a point in time that lies outside of regular business hours, e.g., midnight on a Saturday. In such instances the party should make every effort to contact the chambers of the emergency judge and inform staff of the potential emergency. In this way arrangements can be made that will give greater assurance that the emergency judge will be available in the event that the emergency matter does in fact occur. If an emergency matter occurs outside of regular business hours and the party has not made prior arrangements with the emergency judge, a telephone number is posted on the Court’s website for contacting a member of the staff of the emergency judge. Amended December 22, 2015 and March 22, 2019

LR 77.2 Emergencies; Emergency Judges

LR 77.3 Clerk to Sign Certain Orders

LR 78.1 Motions: Filing in Advance of Hearing

LR 78.2 Motions: Denial for Failure to Prosecute

LR 78.3 Motions: Briefing Schedules, Oral Arguments, Failure to File Brief

LR 78.4 Motions: Copies of Evidentiary Matter to be Served

LR 78.5 Motions: Request for Decision; Request for Status Report

LR 79.1 Records of the Court

LR 79.2 Redemption from Judicial Sales

LR 81.1 Complaints Under the Civil Rights Act, 42 U.S.C. §1983, by Persons in Custody

LR 81.2 Removals, Remands of Removals

(a) Approved Form. Petitions for writs of habeas corpus filed pursuant to 28 U.S.C. §2241 and §2254 and motions filed pursuant to 28 U.S.C. §2255 shall, when filed by persons in custody, be submitted on forms approved by the Executive Committee. The clerk will supply copies of the approved forms to any person requesting them. (b) Capital Punishment Cases. Post-conviction petitions filed pursuant to 28 U.S.C. §2254 and §2255 by or on behalf of a petitioner under sentence of capital punishment shall proceed in accordance with the District Court Rules for the Disposition of Post-Conviction Petitions Brought Pursuant to 28 U.S.C.§ 2254 and § 2255 in Cases Involving Petitioners Under a Sentence of Capital Punishment adopted by the Judicial Council of the Seventh Circuit. (c) Filing Outside of Business Hours. Counsel for the petitioner and counsel for any other person or group seeking leave to file amicus briefs or motions should communicate with either the chief deputy clerk or the senior staff attorney promptly after counsel’s appointment to establish procedures to be used in the event of an emergency. Should an emergency arise before such procedures have been established and at a time that the clerk’s office is not open, counsel should use the phone number posted on the Court’s website for the Emergency Judge. (d) §2255 Motions. The clerk shall cause a civil case number to be assigned to any motion filed pursuant to 28 U.S.C. § 2255. Except where otherwise ordered, a separate file and docket of the pleadings filed in connection with such motions shall be maintained under the civil case number. The clerk shall cause a docket entry to be made on the criminal docket indicating the filing of any §2255 motion and the civil case number assigned to the motion. The docket entry will also indicate that a file and docket with that civil case number is maintained for filing and docketing the motion and pleadings associated with the §2255 motion. Amended December 22, 2015 Amended December 23, 2016

LR 81.3 Habeas Corpus Proceedings by Persons in Custody

LR 81.4 Habeas Corpus Proceedings in Deportation Cases

(a) Court Environs Defined. For the purpose of this rule the term "court environs" shall refer to the following areas: (1) in Chicago in the United States Courthouse: (A) the 6th through the 8th floors, and the 10th through the 25th floors, including; (B) the central jury assembly lounge, south elevator banks, and corridors leading from one to the other on the 2nd floor; and, (C) the 1st floor except for the Designated Media Area; (2) in Chicago, but not in the United States Courthouse, the Probation Offices located at 230 S. Dearborn Street; (3) in the Eastern Division, but not in Chicago, the immediate area surrounding the courtroom on the 2nd floor of the Joliet City Hall; and, (4) in Rockford in the United States Courthouse: (A) the entire 2nd, 5th and 6th floors; (B) the lobby and 1st floor areas to include the Bankruptcy Court clerk’s office, the offices of Probation and Pretrial Services, and the public corridors immediately adjacent to those offices; (C) the 3rd floor courtrooms, the mediation rooms, the 4th floor chambers, and the corridors immediately adjacent to those spaces. (b) Demonstrating, Soliciting & Loitering Prohibited. Soliciting and loitering within the court environs is prohibited. The unapproved congregating of groups or the causing of a disturbance or nuisance within or on the curtilage of the courthouses of this Court is prohibited. Demonstrating, protesting, picketing or parading outside of the courthouses of this Court is prohibited only when such action obstructs or impedes the orderly administration of justice. (1) In Chicago, the designated Freedom of Speech and Expression area is the Federal Plaza, located at the southwest corner of Adams and Dearborn Streets. The General Services Administration maintains this area and may require special permitting. (2) In Rockford, the designated Freedom of Speech and Expression area is public space located at the corner of South Church and Cedar Streets. The General Services Administration maintains this area and may require special permitting. (c) No Cameras or Recorders. Except as provided for in an Order of the Court, direction of the Chief Judge, or the United States Marshal, the taking of photographs, video, radio and television broadcasting, or taping in the court environs during the progress of or in connection with any judicial proceeding, whether or not court is actually in session, is prohibited. (d) Marshal to Enforce. The United States Marshal shall enforce sections (b) and (c) of this rule, either by ejecting violators from the courthouse or by causing them to appear before one of the judges of this Court for a hearing and the imposition of such punishment as the Court may deem proper. Amended 5/27/16 and 03/22/19

LR 83.1 Court Facilities: Limitations on Use

LR 83.2 Oath of Master, Commissioner, etc.

LR 83.3 Publication of Advertisements

LR 83.4 Transfers of Cases Under 28 U.S.C. §§1404, 1406, 1412

LR 83.5 Confidentiality of Alternative Dispute Resolution Proceedings

(a) Qualifications. An applicant for admission to the bar of this Court must be a member in good standing of the bar of the highest court of any state of the United States or of the District of Columbia. The applicant must be honest and of good moral character, and shall exhibit general fitness to practice law. (b) Petition Form. The Executive Committee will approve a form of petition to be used by anyone applying for admission to practice. Copies of the approved form will be provided on request by the Clerk. (c) Filing Petition. Each person applying for admission to practice shall electronically file with the Clerk a completed petition for admission on the approved form. The petitioner must electronically file with the petition the following attachments in pdf format: (1) a certificate from the highest court of a state of the United States or of the District of Columbia that the petitioner is a member in good standing of the bar of that court; and (2) the affidavits of two attorneys who are currently and for at least two years have been members in good standing of the bar of the highest court of any state of the United States or of the District of Columbia and who have known the applicant for at least one year, and (3) an Oath of Office form signed by the petitioner declaring under penalty of perjury that the information provided is true and correct. (d) Screening the Petition. The Clerk, under the supervision of the Executive Committee, will screen each petition to assure that it is filed on the correct form, has been completed, and contains sufficient information to establish that the petitioner meets the qualifications required for the general bar, and is accompanied by the required affidavits of sponsors, the Oath of Office form, and a current indication of good standing. Where these requirements are met, an indication to that effect will be placed on the petition and the petitioner will be notified that the petition is approved. Where the requirements are not met, the petition will be returned to the applicant with appropriate instructions. (e) Taking the Oath. The petitioner’s signature on the "Oath of Office" must be a sworn declaration. (f) Admission Fee. Each petitioner shall pay an admission fee upon the filing of the petition, subject to refund should the petitioner not be admitted. The amount of the fee shall be established by the court in conjunction with the fee prescribed by the Judicial Conference of the United States pursuant to 28 U.S.C. §1914. (g) Certificate of Admission. On receipt of either (1) the petition form reflecting that the petitioner has taken the oath of office, or (2) the petitioner’s own motion, accompanied by a letter or certificate of good standing (not more than 30 days old at the time of application) to Practice in another District of Illinois, and by the attorney’s certification that his or her right to practice law is not suspended by order of court in any jurisdiction, the Clerk shall promptly issue a certificate indicating that petitioner has been admitted to the general bar of this Court and shall add petitioner’s name to the list of attorneys admitted to that bar. Amended November 2, 2010, January 26, 2016, December 23, 2016, and July 27, 2018

LR 83.10 General Bar

(a) Definitions. The following definitions shall apply to this rule: (1) The term "testimonial proceedings" refers to proceedings that meet all of the following criteria: (A ) they are evidentiary proceedings in which all testimony is given under oath and a record is made of the testimony; (B) the witness or witnesses are subject to cross-examination; (C ) a presiding judge or administrative law judge is present; (D ) the parties to such proceedings are represented by attorneys; and (E) where a proceeding is held before an administrative agency, the findings and determinations of the agency are based upon the record and are reviewable for sufficiency of evidence by a court of record. Procedures limited to taking the deposition of a witness do not constitute testimonial proceedings for the purposes of this rule. (2) The term "qualifying trial" refers to an evidentiary proceeding that meets the following criteria: (A ) it lasts at least one day; (B) it is a trial or hearing that involves substantial testimonial proceedings going to the merits; and (C) it is held in open court before one of the following: a district judge or magistrate judge of a United States district court; a judge of a United States bankruptcy court; a judge of the United States Tax Court; a judge of a trial court of record of a state, the District of Columbia, or a territory of the United States; or any administrative law judge. (3) The term "participation units" shall mean a qualifying trial in which the petitioner participated as the lead counsel or the assistant to the lead counsel. (4) The term "observation unit" shall mean a qualifying trial that the petitioner observed while being supervised by a supervising attorney who consulted with the petitioner about the trial. At the time of the observation the supervising attorney must either be a member of the trial bar of this Court or have had previous trial experience equivalent to at least 4 participation units. (5) The term "simulation unit" shall mean a trial advocacy program in which the focus is experiential, as contrasted to lecture, in which the petitioner satisfactorily participated either as a law school or a continuing legal education course. (6) The term "training unit of the District Court" shall mean a training seminar officially sanctioned by the Court (including, for example Pavey hearings on the administrative exhaustion defense to a prisoner case, or "EAR" hearings for early resolution of prisoner conditions-of-confinement claims). (7) The term "qualifying unit of trial experience" shall include any of the following: participation units, observation units, simulation units, or training units. A petitioner shall be credited for units of trial experience as follows: (A) for each participation unit, 2 units where the trial lasted 9 days or less, 3 units where the trial lasted from 10 to 12 full days, and 4 units where the trial lasted 13 or more full days; (B) for each observation unit, 1 unit; (C) for one allowable simulation unit, 2 units; and (D) for each training unit of the District Court, 1 unit. (8) The term "required trial experience" shall mean not less than 4 qualifying units of trial experience no more than 2 of which may be simulation units. (b) Qualifications. An applicant for admission to the trial bar of this Court must be a member in good standing of the general bar of this Court, must be a certified e-filer, must provide evidence of having the required trial experience, and must be sponsored by one current member of the trial bar who has known the applicant for at least one year and can attest to his/her competence. An attorney seeking admission to the trial bar who is not a member of the bar of this Court may apply for admission to both bars simultaneously. Trial bar membership must be renewed every three years as set forth in section (i). (c) Petition Form. The Executive Committee will approve a form of petition to be used by anyone applying for admission to the trial bar. Copies of the approved form will be provided on request by the clerk. (d) Screening the Petition. The Clerk, under the supervision of the Executive Committee, will screen each petition to assure that it is filed on the correct form, has been completed, and contains sufficient information to establish that the petitioner meets the qualifications required for the trial bar. Where these requirements are met, an indication to that effect will be placed on the petition and the petitioner will be notified that the petition is approved. Where the requirements are not met, the petition will be returned to the applicant with appropriate instructions. (e) Admission Fee. Each petitioner shall pay an admission fee upon the filing of the petition, subject to refund, should the petitioner not be admitted. The amount of the fee shall be established by the court. The Clerk shall deposit the fee in the District Court Fund. (f) Duty to Maintain Contact Information. Every member of the trial bar must maintain current contact information (street address, telephone number, and e-mail address) with the Clerk, and must adivse the Clerk within 30 days of any change. (g) Duty to Supervise. Every member of the trial bar shall be available to be assigned by the court to supervise attorneys who are in the process of obtaining observation units needed to qualify for membership in the trial bar. Such assignments shall be made in a manner so as to allocate the responsibility imposed by this rule equally among all members of the trial bar. (h) Duty to Accept Assignments. Each member of the trial bar shall be available for assignment by the court to represent or assist in the representation of those who cannot afford counsel. (i) Renewal. Membership in the trial bar must be renewed every three years. An applicant for renewal must complete a Trial Bar Membership Renewal Form. The renewal fee shall be one-half of the current fee for admission to the trial bar. An attorney who does not renew his/her membership within one month of the expiration of the three-year anniversary date of admission to the trial bar will be deemed to have withdrawn. (j) Withdrawal from Trial Bar. A member of the trial bar may, on motion for good cause shown, voluntarily withdraw from said bar. Such motion shall be filed with the Clerk for presentation to the Executive Committee. Where the motion to withdraw is made by a member of the current pro bono panel (LR 83.35(b), the name of the attorney will be removed from the pro bono panel if the motion is granted. (k) Reinstatement. Any attorney who has withdrawn from membership in the trial bar pursuant to section (j) but wishes to be reinstated must file a new petition for admission to the trial bar and pay the full current trial bar fee. Where the attorney was a member of a pro bono panel at the time the petition to withdraw was filed, the petition for trial bar admission shall include a statement indicating the attorney’s present willingness and ability to accept an assignment under LR 83.35 through LR 83.41. If the committee grants the motion in such an instance, it shall direct that the attorney be included in the pro bono panel and remain there for one year or until the attorney is assigned, whichever comes first. Amended May 27, 2015, June 29, 2015, December 23, 2016 and March 29, 2018

LR 83.11 Trial Bar

(a) Who May Appear. Except as provided in LR 83.14 and LR 83.15 and as otherwise provided in this rule, only members in good standing of the general bar of this Court may enter an appearance on behalf of a party; file pleadings, motions or other documents; sign stipulations; or receive payments upon judgments, decrees or orders. Attorneys admitted to the trial bar may appear alone in all matters and serve as the lead attorney should a case go to trial. Attorneys admitted to the general bar, but not to the trial bar, may appear in association with a member of the trial bar in all matters but may not appear as the lead attorney at trial. The following officers appearing in their official capacity shall be entitled to appear in all matters before the court without admission to the trial bar of this Court: the Attorney General of the United States, the United States Attorney for the Northern District of Illinois, the Executive Director of the Federal Defender Program of the United States District Court for the Northern District of Illinois, the Attorney General or other highest legal officer of any state, and the State’s Attorney of any county in the State of Illinois. This exception to membership in the trial bar shall apply to such persons as hold the above-described offices during their terms of office, and to their assistants. (b) Testimonial Proceedings. An attorney who is a member of the trial bar may appear alone during testimonial proceedings. An attorney who is a member of the general bar, but not of the trial bar, may appear during testimonial proceedings only if accompanied by a member of the trial bar who is serving as advisor. For the purposes of this rule the definition of the term "testimonial proceedings" is the same as in LR 83.11(a)(1). (c) Criminal Proceedings. An attorney who is a member of the trial bar may appear alone on behalf of a defendant in a criminal proceeding. An attorney who is a member of the general bar, but not a member of the trial bar, may (1) appear as lead counsel for a defendant in a criminal proceeding only if accompanied by a member of the trial bar who is serving as advisor and (2) sign pleadings, motions or other documents filed on behalf of the defendant only if such documents are co-signed by a member of the trial bar. (d) Waiver. A judge may permit an attorney admitted to the general bar, but not the trial bar, to appear alone in any aspect of a civil or criminal proceeding only upon written request by the client and a showing that the interests of justice are best served by a waiver of these rules. Such permission shall apply only to the proceeding in which it was granted and shall be limited to exceptional circumstances. Amended June 24, 2009, December 23, 2016, and November 20, 2020

LR 83.12 Appearance of Attorneys Generally

LR 83.13 Representation by Supervised Senior Law Students

LR 83.14 Appearance by Attorneys Not Members of the Bar

LR 83.15 Local Counsel: Designation for Service

(a) General. The Executive Committee will approve the format of the appearance form to be used. The Clerk shall provide copies of the forms on request. (b) Who Must File. Except as otherwise provided in these rules, an appearance form shall be filed by every attorney or senior law student who represents a party in any proceeding brought in this Court, whether before a district judge or magistrate judge. No appearance form need be filed by the United States Attorney or any Assistant United States Attorney where the appearance is on behalf of the United States, any agency thereof or one of its officials. The United States Attorney’s Office must provide the name of a designated Assistant United States Attorney who is to receive electronic notices of Court proceedings in addition to the notices received by the United States Attorney’s central e-mail account. (c) Appearance by Firms Prohibited. Appearance forms are to list only the name of an individual attorney. The Clerk is directed to bring to the attention of the assigned judge any appearance form listing a firm of attorneys rather than an individual attorney. For the purposes of this rule, an individual attorney who practices as a professional corporation may file the appearance as the professional corporation. (d) When to Be Filed. An attorney required by these rules to file an appearance form shall file the form prior to or simultaneously with the filing of any motion, brief or other document in a proceeding before a district judge or magistrate judge of this Court, or at the attorney’s initial appearance before a district judge or magistrate judge of this Court, whichever occurs first. Where the appearance is filed by an attorney representing a criminal defendant in a proceeding before a district judge or magistrate judge, the attorney shall serve a copy of the appearance on the United States attorney. (e) Penalties. If the Clerk determines that an attorney who has filed documents or appeared in court has not filed the appearance form required by this rule, the Clerk will notify the district judge or magistrate judge before whom the proceedings are pending. An attorney who fails to file an appearance form where required to do so by this rule may be sanctioned. (f) Emergency Appearances. An attorney may appear before a district judge or magistrate judge without filing an appearance form as required by this rule where the purpose of the appearance is to stand in for an attorney who has filed or is required to file such a form and the latter attorney is unable to appear because of an emergency. (g) Attorney ID Numbers. The number issued to members of the Illinois bar by the Illinois Attorney Registration and Disciplinary Commission, or such other number as may be approved by the Executive Committee, shall serve as the attorney’s identification number. The Clerk shall issue identification numbers to attorneys who are not members of the Illinois bar. Amended June 24, 2009 and December 23, 2016

LR 83.16 Appearance Forms

LR 83.17 Withdrawal, Addition, and Substitution of Counsel

(a) Automatic Transfer. When a member of the general bar of this Court is transferred to inactive status by the highest court of any state of the United States or the District of Columbia, the order transferring the attorney to inactive status shall stand as the order transferring the attorney to inactive status in this Court. Upon being made aware of any order that would automatically transfer a member of the general bar to inactive status, the Clerk shall promptly notify the attorney of the provisions of this rule. The Clerk’s notice will identify the order upon which automatic transfer to inactive status is being based. Within 21 days of the mailing of the notice by the Clerk, the attorney subject to automatic transfer to inactive status may file a motion with the Executive Committee requesting relief from the transfer to inactive status and stating reasons for the request. (b) Motion for Transfer. An attorney may, in the absence of disciplinary proceedings, file a motion with the Executive Committee requesting transfer to inactive status. The Committee may appoint the United States Attorney or any other attorney to conduct an investigation and make recommendations to the Committee as to whether the motion should be granted. (c) Practice of Law Prohibited. An attorney who has been transferred to inactive status may not engage in the practice of law before this Court until restored to active status. (d) Automatic Reinstatement. When an attorney has been transferred to inactive status by the highest court of any state of the United States or the District of Columbia solely for nonpayment of registration fees and has been reinstated upon payment of registration fees, that attorney will automatically be reinstated to the roll of attorneys of this Court upon receipt of notification by the clerk of that court. (e) Reinstatement. An attorney who has been transferred to inactive status may file a petition for reinstatement with the Executive Committee. If the petition is denied by the Executive Committee, the attorney shall, upon request, be granted a hearing for review of the denial. (f) Disciplinary Proceedings. Disciplinary proceedings may be commenced against an attorney in inactive status. If a disciplinary proceeding is pending against an attorney at the time the attorney is transferred to inactive status, the Executive Committee shall determine whether the disciplinary proceeding is to proceed or is to be held in abeyance until further order of the Committee. Amended December 23, 2016

LR 83.18 Transfer to Inactive Status

(a) Definitions. The following definitions shall apply to the disciplinary rules: (1) The term "another court" shall mean any other court of the United States or of the District of Columbia, or of any state, territory, commonwealth, or possession of the United States. (2) The term "complaint of misconduct" shall mean any document in which it is alleged that an attorney practicing before this Court is guilty of misconduct. (3) The term "discipline" shall include disbarment, suspension from practice before this Court, reprimand or censure, and such other disciplinary action as the circumstances may warrant, including, but not limited to, restitution of funds, satisfactory completion of educational programs, compliance with treatment programs, and community service. The term discipline is not intended to include sanctions or contempt. (4) The term "misconduct" shall mean any act or omission by an attorney admitted to practice before this Court that violates the applicable Code of Conduct. (b) Executive Committee. The Executive Committee shall serve as the disciplinary committee of the Court. (c) Jurisdiction. Nothing contained in these rules shall be construed to deny such powers as are necessary for a district judge, magistrate judge or bankruptcy judge of this Court to maintain control over proceedings conducted before that district judge, magistrate judge or bankruptcy judge, such as proceedings for contempt under LR 37.1, Fed.R.Crim.P. 42 or 18 U.S.C. §§401 and 402. (d) Attorneys Admitted Under LR83.14. An attorney who is not a member of the bar of this Court who, pursuant to LR 83.14, petitions to appear or is permitted to appear in this Court for purposes of a particular proceeding (pro hac vice), shall be deemed thereby to have conferred disciplinary jurisdiction upon this Court for any alleged misconduct of that attorney arising in the course of or in the preparation for such proceeding. (e) Confidentiality. Proceedings before the Executive Committee shall be confidential, except that the Committee may in the interests of justice and on such terms it deems appropriate authorize the Clerk to produce, disclose, release, inform, report, or testify to any information, reports, investigations, documents, evidence or transcripts in the clerk’s possession. Where a disciplinary proceeding is assigned to a judge of this Court pursuant to these rules, the record and hearings in the proceeding before that judge shall be public, unless for good cause that judge shall in writing order otherwise. Final orders in disciplinary matters shall be a matter of public record and may be published at the direction of the Executive Committee or the assigned judge. (f) Filing. An answer to a rule to show cause, a statement of charges, and any other document filed in connection with a disciplinary proceeding before the Executive Committee shall be filed with the attorney admissions coordinator or such other deputy clerk as the Clerk may in writing designate. Committee Comment: A proceeding to discipline a member of the bar of this Court can arise in one of three ways: another court disciplines the attorney; the attorney is convicted of a serious crime; or a complaint is filed alleging misconduct on the part of the attorney. Traditionally, most disciplinary proceedings have been reciprocal proceedings, i.e., proceedings initiated following the discipline of the attorney by another court. The next largest group of disciplinary proceedings consist of those initiated by the conviction of an attorney in this Court for a serious crime. The Executive Committee is the disciplinary committee of the Court. In those circumstances where an evidentiary hearing may be required as part of the disciplinary proceeding, the Committee may direct that the proceeding be assigned to an individual judge. (LR 83.28(e)) As section (c) indicates, the disciplinary rules are not intended to diminish or usurp the authority of a judge in maintaining order in that judge’s courtroom or in enforcing compliance with that judge’s orders. Disciplinary proceedings are not alternatives to contempt proceedings LR 83.14 establishes the procedures for admitting an attorney who wishes to appear pro hac vice. Section (d) of LR 83.25 provides that such attorneys are subject to the same discipline as attorneys who are members of the general bar of the Court. Section (e) of this rule provides that in general disciplinary proceedings are confidential. Any final orders imposing discipline are public. Where a proceeding is assigned to an individual judge, it becomes at that point like any other civil proceeding, a matter of public record. As with any other civil case, there may be exceptional circumstances where some or all of the record or hearings should not be made public. Section (e) permits this. Section (f) makes explicit what has been a practice of long standing: materials relating to disciplinary proceedings before the Executive Committee are to be filed with the Attorney Admissions Coordinator. This procedure enables more effective control over the documents in disciplinary proceedings, a control necessary to assure that the confidentiality of such proceedings is maintained. In addition, the coordinator serves as a source of information on procedure for attorneys involved in disciplinary proceedings . Amended May 31, 2011 and December 23, 2016

LR 83.25 Disciplinary Proceedings Generally

(a) Duty to Notify. Any attorney admitted to practice before this Court shall, upon being subjected to public discipline by another court, promptly inform the Clerk of this Court of such action. (b) Disciplinary Order as Evidence. Except as provided in section (e), the final adjudication in another court that an attorney has been guilty of misconduct shall establish conclusively the misconduct for purposes of a disciplinary proceeding in this Court. (c) Rule to Show Cause. Upon the filing of a certified or exemplified copy of a judgment or order demonstrating that an attorney admitted to practice before this court has been disciplined by another court, the Executive Committee shall forthwith enter an order directing that the attorney inform the Committee of any claim by that attorney predicated upon the grounds set forth in section (e) that the imposition of the identical discipline by this Court would be unwarranted and the reasons for such a claim. The order will also provide that the response, if any, is to be filed with the Clerk within 14 days of service. A certified copy of the order and a copy of the judgment or order from the other court will be served on the attorney by certified mail. (d) Effect of Stay of Imposition of Discipline in Other Court. In the event the discipline imposed in the other jurisdiction has been stayed, any reciprocal discipline imposed in this Court shall be deferred until such stay expires. (e) Imposition of Discipline; Exceptions. Upon the expiration of 14 days from service of the notice issued pursuant to the provisions of section (b), the Executive Committee shall immediately impose the identical discipline unless the attorney demonstrates, or the Executive Committee finds-- 1. that the procedure before the other court was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process; or 2. that there was such a infirmity of proof establishing the misconduct as to give rise to the clear conviction that this Court could not, consistent with its duty, accept as final the conclusion on that subject; or 3. that the imposition of the same discipline by this Court would result in injustice; or 4. that the misconduct established is deemed by this Court to warrant different discipline. If the Executive Committee determines that any of those elements exist, it shall enter such other order as it deems appropriate. An order imposing suspension or disbarment shall be entered on every docket in the attorney’s pending cases. The order shall be sent via certified mail to the attorney’s last known address, restricted to addressee only, return receipt requested. An additional copy of the order shall be mailed by first-class mail. A copy shall also be emailed to the attorney’s CM/ECF registered email address Amended January 30, 2009, December 23, 2016, and September 30, 2019

LR 83.26 Discipline of Attorneys Disciplined by Other Courts

(a) Automatic Suspension. Upon the filing with this Court of a certified copy of a judgment of conviction demonstrating that any attorney admitted to practice before the Court has been convicted of a serious crime in this or another court, the Executive Committee shall enter an order immediately suspending that attorney, until final disposition of a disciplinary proceeding to be commenced upon such conviction. Such order shall be entered regardless of whether the conviction resulted from a plea of guilty or nolo contendere or from a verdict after trial or otherwise, and regardless of the pendency of any appeal. The Clerk shall forthwith mail two copies of the order to the attorney’s last known address. One copy shall be sent by certified mail, restricted to addressee only, return receipt requested. The second copy shall be sent by first class mail. A third copy shall be emailed to the attorney’s last known email address. A copy of the order shall be entered on every docket in the attorney’s pending cases. During any such period of suspension, the Clerk’s Office will provide the party with Notices of Docket Activity in the case until such time as the suspension is terminated or another attorney appears on behalf of the client. Upon good cause shown, the Executive Committee may set aside such order when it appears in the interest of justice to do so. (b) Judgment of Conviction as Evidence. A certified copy of a judgment of conviction of any attorney for any crime shall be conclusive evidence of the commission of that crime in any disciplinary proceeding instituted against that attorney based upon the conviction. (c) Executive Committee to Institute Disciplinary Proceedings. Upon the filing of a certified copy of a judgment of conviction of an attorney for a serious crime, the Executive Committee shall, in addition to suspending that attorney in accordance with the provisions of this rule, institute a disciplinary proceeding in which the sole issue to be determined shall be the extent of the final discipline to be imposed as a result of the conduct resulting in the conviction. Each disciplinary proceeding so instituted will not be concluded until all appeals from the conviction are concluded. (d) Proceedings Where Attorney Convicted of Other Than Serious Crime. Upon the filing of a certified copy of a judgment of conviction of an attorney for a crime not constituting a serious crime, the Executive Committee may, in its discretion, initiate a disciplinary proceeding. (e) Reinstatement where Conviction Reversed. An attorney suspended pursuant to section (a) will be reinstated immediately upon the filing of a certificate demonstrating that the underlying conviction of a serious crime has been reversed, but the reinstatement will not terminate any disciplinary proceeding then pending against the attorney. The disposition of such proceeding shall be determined by the Executive Committee on the basis of all available evidence pertaining to both guilt and the extent of discipline to be imposed. (f) Duty to File Notification of Party Contact Information form. Where a suspended or disbarred attorney mandatorily withdraws from representing a party in a case and no other attorney has an active appearance on the docket for that party, the form Notification of Party Contact Information must be electronically filed as an attachment to the motion to withdraw. Amended December 23, 2016 and September 30, 2019

LR 83.27 Discipline of Convicted Attorneys

(a) Complaint of Misconduct. Any complaint of misconduct shall be filed with the chief judge. The complaint may be in the form of a letter. The chief judge shall refer it to the Executive Committee for consideration and appropriate action. (b) Action by Executive Committee. On receipt of a complaint of misconduct, the Committee may forward a copy to the attorney and ask for a response within a time set by the Committee. Based on the complaint of misconduct and any response, the Committee may— (1) determine that the complaint merits no further action, or (2) direct that formal disciplinary proceedings be commenced, or (3) take such other action as the Committee deems appropriate, including the assignment of an attorney pursuant to LR 83.29. (c) Statement of Charges; Service. To initiate formal disciplinary proceedings based on allegations of misconduct, the Executive Committee shall issue a statement of charges. In addition to setting forth the charges, the statement of charges shall include an order requiring the attorney to show cause, within 14 days after service, why the attorney should not be disciplined. Upon issuance of the statement of charges, the Clerk shall forthwith mail two copies to the attorney’s last known address. One copy shall be mailed by certified mail, restricted to addressee only, return receipt requested. The other copy shall be mailed by first class mail. If the statement is returned as undeliverable, the Clerk shall so notify the Executive Committee. The Executive Committee may direct that further attempts at service be made, either personal service by a private process server or by the United States marshal, or by publication. Personal service shall be accomplished in the manner provided by Fed.R.Civ.P. 5(b) for service other than by mail. Service by publication shall be accomplished by publishing a copy of the rule to show cause portion of the statement in accordance with the provisions of LR 83.3. Except as otherwise directed by the Executive Committee, the division of the Court in which the notice is to be published will be as follows: (1) where the last known address of the attorney is located in the District, the division in which the address is located; or, (2) where no address is known or the last known address is outside of the District, the Eastern Division. (d) Answer; Declaration. The attorney shall file, with the answer to the statement of charges, a declaration identifying all courts before which the attorney is admitted to practice. The form of the declaration shall be established by the Executive Committee. (e) Assignment to Individual Judge. Following the filing of the answer to the statement of charges, if the Executive Committee determines that an evidentiary hearing is required, the proceeding shall be assigned by lot for a prompt hearing before a judge of this Court. The assigned judge shall not be one who was a member of the Executive Committee that determined that an evidentiary hearing was required. The decision of the assigned judge shall be final. (f) Disbarment on Consent. Any attorney admitted to practice before this Court who is the subject of an investigation into, or a pending proceeding involving, allegations of misconduct may consent to disbarment, but only by delivering a declaration stating that the attorney desires to consent to disbarment and that: ) the attorney’s consent is freely and voluntarily rendered; ) the attorney is not being subjected to coercion or duress; ) the attorney is fully aware of the implications of so consenting; ) the attorney is aware that there is presently pending an investigation or proceeding involving allegations that there exist grounds for the attorney’s discipline, the nature of which the attorney shall specifically set forth; and ) the attorney acknowledges that the material facts so alleged are true. Upon receipt of the required declaration, the Executive Committee shall enter an order disbarring the attorney. The order of disbarment on consent shall be a matter of public record. However, the declaration shall not be publicly disclosed or made available for use in any other proceeding except where the Executive Committee orders such release after finding it to be required in the interests of justice. An order imposing suspension or disbarment shall be entered on every docket in the attorney’s pending cases. A copy of the order will be served on the attorney by certified mail, sent to the attorney’s last known address, restricted to addressee only, return receipt requested. An additional copy of the order shall be mailed by first-class mail. A copy shall also be emailed to the attorney’s CM/ECF registered email address. Amended May 24, 2013, December 23, 2016, and September 30, 2019

LR 83.28 Discipline of Attorneys for Misconduct

LR 83.29 Discipline: Assignment of Investigation Counsel

(a) Automatic & by Petition. An attorney suspended for 3 months or less shall be automatically reinstated at the end of the period of suspension. An attorney suspended for more than 3 months or disbarred may not resume practice until reinstated by order of the Executive Committee. (b) Petition for Reinstatement. A petition for reinstatement may be filed under the following conditions: (1) by a suspended attorney: An attorney who has been suspended for a period of more than 3 months may petition for reinstatement at any time following the conclusion of the period of suspension. (2) by a disbarred attorney: A petition to reinstate a disbarred attorney may not be filed until at least 5 years has elapsed from the effective date of the disbarment. Following an adverse decision upon a petition for reinstatement, a period of at least 1 year must elapse from the date of the order denying reinstatement before a subsequent petition for reinstatement may be filed. Petitions for reinstatement shall be filed with the attorney admissions coordinator or such other deputy as the Clerk may in writing designate. The Executive Committee may grant the petition without hearing, decide the petition based on a hearing before the Committee, or assign the matter for prompt hearing before, and decision by, a judge of this Court. Where the Committee directs that the petition be assigned to a judge, the assignment will be in the same manner as provided by LR 83.28(e) for the assignment of a statement of charges alleging misconduct. (c) Hearing. A petition for reinstatement will be included on the agenda of the first meeting of the Executive Committee scheduled for not less than 7 days after the time the petition is filed. At that meeting, the Committee will consider whether to grant the petition, schedule a hearing, or direct that it be assigned to a judge. Where a hearing is to be held and the Executive Committee has directed that the matter be assigned to a judge, it shall be scheduled for a date not less than 30 days from the date of assignment. (d) Burden of Proof. At the hearing, the petitioner shall have the burden of demonstrating by clear and convincing evidence that the petitioner has the requisite character and fitness for admission to practice law before this Court and that the petitioner’s resumption of the practice of law will not be detrimental to the integrity and standing of the bar or to the administration of justice, or subversive of the public interest. (e) Duties of Counsel. Where an attorney is appointed pursuant to LR 83.29, cross- examination of the witnesses of the petitioner and the submission of evidence in opposition to the petition, if any, shall be by that attorney. (f) Conditions of Reinstatement. The petition for reinstatement shall be denied if the petitioner fails to demonstrate fitness to resume the practice of law. If the petitioner is found fit to resume the practice of law, the judgment shall reinstate the petitioner, but may make reinstatement conditional upon the making of partial or complete restitution to parties harmed by the conduct of petitioner which led to the suspension or disbarment. If the petitioner has been suspended or disbarred for 5 years or more, reinstatement may be conditioned, in the discretion of the Executive Committee or the judge before whom the matter is heard, upon the furnishing or proof of competency and learning in the law. Such proof may include certification by the bar examiners of a state or other jurisdiction of the attorney’s successful completion of an examination for admission to practice subsequent to the date of suspension or disbarment. Amended December 23, 2016

LR 83.30 Reinstatement

LR 83.31 Duties of the Clerk

(a) DEFINITIONS. The following definitions shall apply to the pro bono rules: The term "assignment of counsel" shall mean the assignment of a member of the trial bar to represent a party who lacks the resources to retain counsel. Such assignment shall only be in a civil action or appeal and shall not include any assignment made pursuant to the Criminal Justice Act of 1964, 18 U.S.C. §3006A. The term "judge" shall mean the judge to whom the action is assigned. It shall include a magistrate judge where the assignment is made in a civil case assigned to a magistrate judge for all purposes pursuant to 28 U.S.C. §636(c) or referred for evidentiary hearings pursuant to 28 U.S.C. §636(b)(1)(B). The terms "pro bono rules" and "pro bono program" shall refer to LR 83.35 through LR 83.41. (b) CREATING THE Pro Bono PANEL. At the start of each calendar year, the Clerk will create a pool consisting of the entire membership of the trial bar, including any new members, but excluding any members who have previously accepted an assignment. Names in the pool will be listed in random order. At the start of each calendar quarter, the Clerk will create a pro bono panel by selecting, in random order, a certain number of trial bar members equal to the estimated number of pro bono assignments to be made in the following quarter. Attorneys chosen for the panel will be notified by e-mail and directed to complete a Profile Form, if one is not already on file. An attorney who practices primarily in the Eastern Division but who prefers appointment to a case pending in the Western Division of this court should so notify the Clerk. An attorney who is exempt from pro bono assignment pursuant to LR 83.35(d) shall notify the Clerk of the exemption when the attorney receives notice of his or her selection for the panel. The Clerk will remove the attorney's name from the panel and from the pool for one year. After accepting a pro bono assignment, trial bar members will ordinarily be eligible for subsequent pro bono assignment only after all non-exempt trial bar members have been assigned a pro bono case in accordance with this rule. (c) NOTIFICATION TO PANEL. Following the selection of a panel the Clerk shall notify each member by e-mail and direct each member to complete a Profile Form, if one is not already on file. Such Form shall disclose: counsel's prior civil trial experience, including a general indication of the number of trials and areas of trial experience; counsel's ability to consult and advise in languages other than English; counsel's preference, if any, for appointment to a case pending in the Western Division of this Court. The information set forth in the Form may be amended at any time by letter. (d) EXEMPTIONS. A member of the trial bar may be removed from a panel upon request upon a showing that the attorney’s principal place of business is outside of this District, or the attorney is employed full-time as an attorney for an agency of the United States, a state, a county, or any sub-division thereof, or the attorney is employed full-time as an attorney by a not-for-profit legal aid organization. (e) VOLUNTEERS. A member of the trial bar may volunteer to be included in a pro bono panel at any time and will be assigned to the next available case. (f) COMPLETION OF SERVICE. Any member of the trial bar who has accepted an assignment prior to the effective date of this rule is eligible for a further case assignment no earlier than 12 months following the completion of the attorney’s most recent assignment. On and after the effective date of this rule, an attorney who has accepted an assignment under this rule will ordinarily not be assigned another case until every other member of the trial bar has been so assigned. Amended December 23, 2016

LR 83.35 Pro Bono Program

(a) Application. Any application for the assignment of counsel by a party appearing pro se shall be on a form approved by the Executive Committee. The application shall include a form of affidavit stating the party’s efforts, if any, to obtain counsel by means other than assignment and listing any prior matters, pending or terminated, in which counsel has been assigned by any judge of this court to represent that party. A completed copy of the affidavit of financial status in the form required by LR 3.3(a)(2) shall be attached to the application. A pro se party who was ineligible for assigned counsel at the outset of the litigation who later becomes eligible by reason of changed circumstances may apply for assignment of counsel within a reasonable time after the change in circumstances has occurred. (b) Selection of Attorney. By the Clerk. Upon request from a judge, the Clerk will identify an attorney from the pro bono panel at random for assignment, provided that attorneys whose practice is primarily in the Western Division of this court will not be assigned to a case pending in the Eastern Division. By the Judge. The judge presiding in any case retains discretion to assign counsel as set forth in IOP 8. Selection by a judge pursuant to IOP8 is the equivalent of selection by the Clerk for purposes of fulfilling the attorney’s trial bar case representation requirement. An attorney selected by a judge must notify the Clerk of the assignment. (c) Notice of Assignment. After counsel has been selected, the Clerk shall forthwith send to counsel written notice of the assignment. In addition to notifying counsel, the Clerk shall also notify all of the parties to the action of the assignment and include with such notification the name, address, and telephone number of the assignee. (d) Making Private Counsel Court-Assigned. A party represented by counsel, or the attorney may, due to the party’s financial condition, seek to change the nature of the representation to court-assigned representation, in order to render counsel eligible for reimbursement of expenses from the District Court Fund pursuant to LR 83.40. Such a change may be approved by the court on a petition. Any such petition shall confirm that approval of the change in representation will negate any existing fee agreements between the party and counsel, and that any subsequent fee agreements between the party and counsel will be made in accordance with the provisions of LR 83.41. The judge will grant the petition only if the judge would have granted an application filed under this rule had the party not been represented by counsel. Where a party is represented by more than one attorney, any order of assignment under this section shall preclude prospective operation of fee agreements with all such counsel but the assignment would be limited to those attorneys seeking such assignment. Amended May 24, 2013 and December 23, 2016

LR 83.36 Assignment Procedures

LR 83.37 Duties & Responsibilities of Assigned Counsel

(a) Grounds; Application. After assignment, counsel may move for relief from an order of assignment only on the following grounds or on such other grounds as the assigning judge finds adequate for good cause shown: (1) Some conflict of interest precludes counsel from accepting the responsibilities of representing the party in the action. (2) In counsel’s opinion, counsel is not competent to represent the party in the particular type of action assigned. (3) Some personal incompatibility or a substantial disagreement on litigation strategy exists between counsel and the party. (4) Because of the temporary burden of other professional commitments involved in the practice of law, counsel lacks the time necessary to represent the party. (5) In counsel’s opinion, the party is proceeding for purpose of harassment or malicious injury, or the party’s claims or defenses are not warranted under existing law and cannot be supported by good faith argument for extension, modification, or reversal of existing law. Any application by assigned counsel for relief from an order of assignment on any of the grounds set forth in this section shall be made to the judge promptly after the attorney becomes aware of the existence of such grounds, or within such additional period as may be permitted by the judge for good cause shown. Where the attorney requesting withdrawal from a pro bono assignment has previously withdrawn from another recruitment, the application shall disclose the case name and number, the nature of the assignment and the reason for withdrawal. (b) Order Granting Relief. If an application for relief from an order of assignment is granted, the judge may in the judge’s discretion either enter or not enter a further order directing the assignment of another counsel to represent the party. Such assignment shall be made in accordance with the procedures set forth in LR 83.36. In any action where the judge discharges assigned counsel but does not issue a further order of assignment, the party shall be permitted to proceed pro se. (c) Consequences of Relief from Assignment. Where the judge enters an order granting relief from an order of assignment on the basis of LR 83.38(3) (substantial disagreement with the client) or LR 83.38(4) (determination that the case is frivolous or filed for improper purpose), or LR 83.39 (discharged by the client), the judge shall determine whether the attorney has satisfied the case representation obligation or should be placed in the next pro bono panel. Where the judge enters an order granting relief from an order of assignment because the assignment would create a conflict with a current representation, the attorney will be returned to the pro bono panel for another assignment. Where the judge enters an order granting relief from an order of assignment on the grounds that counsel lacks relevant substantive expertise, or lacks the time to represent the party due to a temporary burden of other professional commitments, counsel so relieved shall, except as otherwise provided in the order, automatically be included among the names selected for the next panel. An attorney relieved of assignment on such grounds will, within one year (1) obtain any necessary substantive expertise and (2) certify that the attorney has engaged in one of the following alternatives to case representation: (i) at least 50 hours of substantial alternative pro bono effort in a trial or settlement context (for example, service to the indigent or service to a governmental or civic organization); (ii) volunteering at either the District Court’s Hibbler Memorial Pro Se Help Desk or the Bankruptcy Assistance Desk for at least one three hour shift per month for one full year or twelve total shifts over the course of the year. An attorney electing this alternative must complete or have completed a Pro Se Help Desk or Bankruptcy Assistance Desk training session before beginning service; (iii) service as counsel for two appointments with the court’s Settlement Assistance Program. An attorney electing this alternative must complete or have completed a Settlement Assistance Program training session before the appointments. An attorney who fails to satisfy one of these alternatives will, absent good cause, be deemed to have withdrawn from the trial bar. Amended December 23, 2016, March 29, 2018; April 22, 2019;

LR 83.38 Relief from Assignment

LR 83.39 Discharge of Assigned Counsel on Request of Party

LR 83.40 Expenses

LR 83.41 Attorney's Fees

LR 16.4 Scheduling in Social Security Cases

LR 48.1 Contact with Jurors

LR 83.50 Rules of Professional Conduct

LR 83.58.5 Jurisdiction

LR 80 International Arbitration Cases


.4	Click here to open the Form LR16.1.4. Final Pretrial Order Form	LR .4. Final Pretrial Order Form	LR16.1.4. Final Pretrial Order Form
.2	Click here to open the Form LR16.1.2. Form of Pretrial Memorandum for Use in Personal Injury Cases	LR .2. Form of Pretrial Memorandum for Use in Personal Injury Cases	LR16.1.2. Form of Pretrial Memorandum for Use in Personal Injury Cases
.3	Click here to open the Form LR16.1.3. Form of Pretrial Memorandum for Use in Employment Discrimination Cases	LR .3. Form of Pretrial Memorandum for Use in Employment Discrimination Cases	LR16.1.3. Form of Pretrial Memorandum for Use in Employment Discrimination Cases
83.28	DECLARATION OF ADMISSIONS TO PRACTICE In Re ............................... Disciplinary No. ........ I, ........................., am the attorney who has been served with an order to show cause why disciplinary action should not be taken in the above captioned matter. I am a member of the bar of this Court. I have been admitted to practice before the following state and federal courts, in the years, and under the license record numbers shown below: I declare under penalty of perjury that the foregoing is true and correct. Executed on .......................... (Date) .................................. (Signature) ................................... (Full name - typed or printed) ................................... ................................... .................................. (Address of Record) This declaration must be signed, and delivered to the court with the attorney's answer to the order to show cause or any waiver of an answer. Failure to return this declaration may subject an attorney to further disciplinary action. Under 28 U.S.C. § 1746, this declaration under perjury has the same force and effect as a sworn declaration made under oath.	LR 83.28. Declaration of Admissions to Practice Required by LR 83.28(d)	LR83.28. Declaration of Admissions to Practice Required by LR83.28(d)
	(a) Plaintiff shall first provide the court with proposed findings and conclusions, which shall have been served on each defendant. Each defendant shall then provide the court with answering proposals, which shall have been served on each plaintiff. (b) Plaintiff’s proposals shall include (a) a narrative statement of all facts proposed to be proved and (b) a concise statement of plaintiff’s legal contentions and the authorities supporting them:(1) Plaintiff’s narrative statement of facts shall set forth in simple declarative sentences all the facts relied upon in support of plaintiff’s claim for relief. It shall be complete in itself and shall contain no recitation of any witness’ testimony or what any defendant stated or admitted in these or other proceedings, and no references to the pleadings or other documents or schedules as such. It may contain references in parentheses to the names of witnesses, depositions, pleadings, exhibits or other documents, but no party shall be required to admit or deny the accuracy of such references. It shall, so far as possible, contain no pejoratives, labels or legal conclusions. It shall be so constructed, in consecutively numbered paragraphs (though where appropriate a paragraph may contain more than one sentence), that each of the opposing parties will be able to admit or deny each separate sentence of the statement. (2) Plaintiff’s statement of legal contentions shall set forth all such plaintiff’s contentions necessary to demonstrate the liability of each defendant to such plaintiff. Such contentions shall be separately, clearly and concisely stated in separately numbered paragraphs. Each paragraph shall be followed by citations of authorities in support thereof.(c) Each defendant’s answering proposals shall correspond to plaintiff’s proposals: (1) Each defendant’s factual statement shall admit or deny each separate sentence contained in the narrative statement of fact of each plaintiff, except in instances where a portion of a sentence can be admitted and a portion denied. In those instances, each defendant shall state clearly the portion admitted and the portion denied. Each separate sentence of each defendant’s response shall bear the same number as the corresponding sentence in the plaintiff’s narrative statement of fact. In a separate portion of each defendant’s narrative statement of facts, such defendant shall set forth all affirmative matter of a factual nature relied upon by such defendant, constructed in the same manner as the plaintiff’s narrative statement of facts.(2) Each defendant’s separate statement of proposed conclusions of law shall respond directly to plaintiff’s separate legal contentions and shall contain such additional contentions of the defendant as may be necessary to demonstrate the non-liability or limited liability of the defendant. Each defendant’s statement of legal contentions shall be constructed in the same manner as is provided for the similar statement of each plaintiff.	Guidelines for Proposed Findings of Fact and Conclusions of Law	Guidelines for Proposed Findings of Fact and Conclusions of Law
65.1	Click here to open the LR65.1 Form of Letter of Credit	LR 65.1 Form of Letter of Credit	LR65.1 Form of Letter of Credit
26.2	LR 26.2 Model Confidentiality Order	LR 26.2 Model Confidentiality Order	LR26.2 Model Confidentiality Order

LR16.1.4. Final Pretrial Order Form

LR16.1.2. Form of Pretrial Memorandum for Use in Personal Injury Cases

LR16.1.3. Form of Pretrial Memorandum for Use in Employment Discrimination Cases

LR83.28. Declaration of Admissions to Practice Required by LR83.28(d)

(a) Plaintiff shall first provide the court with proposed findings and conclusions, which shall have been served on each defendant. Each defendant shall then provide the court with answering proposals, which shall have been served on each plaintiff. (b) Plaintiff’s proposals shall include (a) a narrative statement of all facts proposed to be proved and (b) a concise statement of plaintiff’s legal contentions and the authorities supporting them:(1) Plaintiff’s narrative statement of facts shall set forth in simple declarative sentences all the facts relied upon in support of plaintiff’s claim for relief. It shall be complete in itself and shall contain no recitation of any witness’ testimony or what any defendant stated or admitted in these or other proceedings, and no references to the pleadings or other documents or schedules as such. It may contain references in parentheses to the names of witnesses, depositions, pleadings, exhibits or other documents, but no party shall be required to admit or deny the accuracy of such references. It shall, so far as possible, contain no pejoratives, labels or legal conclusions. It shall be so constructed, in consecutively numbered paragraphs (though where appropriate a paragraph may contain more than one sentence), that each of the opposing parties will be able to admit or deny each separate sentence of the statement. (2) Plaintiff’s statement of legal contentions shall set forth all such plaintiff’s contentions necessary to demonstrate the liability of each defendant to such plaintiff. Such contentions shall be separately, clearly and concisely stated in separately numbered paragraphs. Each paragraph shall be followed by citations of authorities in support thereof.(c) Each defendant’s answering proposals shall correspond to plaintiff’s proposals: (1) Each defendant’s factual statement shall admit or deny each separate sentence contained in the narrative statement of fact of each plaintiff, except in instances where a portion of a sentence can be admitted and a portion denied. In those instances, each defendant shall state clearly the portion admitted and the portion denied. Each separate sentence of each defendant’s response shall bear the same number as the corresponding sentence in the plaintiff’s narrative statement of fact. In a separate portion of each defendant’s narrative statement of facts, such defendant shall set forth all affirmative matter of a factual nature relied upon by such defendant, constructed in the same manner as the plaintiff’s narrative statement of facts.(2) Each defendant’s separate statement of proposed conclusions of law shall respond directly to plaintiff’s separate legal contentions and shall contain such additional contentions of the defendant as may be necessary to demonstrate the non-liability or limited liability of the defendant. Each defendant’s statement of legal contentions shall be constructed in the same manner as is provided for the similar statement of each plaintiff.

Guidelines for Proposed Findings of Fact and Conclusions of Law

LR65.1 Form of Letter of Credit

LR26.2 Model Confidentiality Order


A	Click here to view the Appendix A document	Appendix A - Forms	Appendix A - Forms
B	PROCEDURES FOR VOLUNTARY MEDIATION PROGRAM FOR LANHAM ACT CASES Adopted pursuant to Local Rule 16.3(b) Introduction This page provides the viewer with information concerning the voluntary mediation program for the Northern District of Illinois. The mediation program was approved by the full Court on 30 September 1996 through the promulgation of local General Rule 5.10 (Renumbered as Local Rule 16.3). The program applies to all civil cases filed on or after January 6, 1997 under the Lanham Act (Federal Trademark Act of 1946, 15 U.S.C. ''1051-1127). The procedures approved by the full Court pursuant to Local Rule 16.3B provide that at the earliest of the first scheduling conference or 90 days after an eligible case is filed, the parties are required to file a joint statement indicating whether they wish to participate in the voluntary mediation program. If the parties do not wish to participate, they are required to provide a statement summarizing the reason or reasons for that decision. Parties may also indicate that they are already participating in some other form of mediation. In such instances the joint statement must include a brief description of that program. If they wish to pursue mediation, the parties may select a qualified neutral mediator from a list of individuals and organizations maintained by the Clerk. The mediator facilitates negotiations among the parties to help them arrive at a mutually satisfactory settlement. The mediation sessions are confidential, and should be completed within 30 days, ending with a report to the court on the outcome. The costs of mediation are normally shared equally by the parties. Local Rule 16.3 delineates the administrative procedures for the program approved by the full Court, and a list of persons and organizations who have filed certificates indicating their availability to serve as neutral mediators. A form has also been enclosed that should be used as the joint statement of the parties regarding participation in the mediation program. The procedures approved by the Court require counsel to mail or otherwise provide copies the Lanham Act document package to each party. As soon as practicable, but in no event later than 20 days after parties receiving the package, are required to file a certificate stating that they have provided copies of these documents as required by the Court. CONTENTS List of Organizations and Individual Neutrals Rule 16.3 Voluntary Mediation Program Procedures For Voluntary Mediation Program Joint Statement Regarding Participation Download - Lanham Act Document Package PDF format (49 KB)	Appendix B - Lanham Act Mediation Program	Appendix B - Lanham Act Mediation Program
C	Appendix C - Regulations pertaining to Trial Bar Admissions (Deleted 12/29/2016)	Appendix C - Regulations pertaining to Trial Bar Admissions (Deleted 12/29/2016)	Appendix C - Regulations pertaining to Trial Bar Admissions (Deleted 12/29/2016)
D	Click the link below to open the document in PDF format. Appendix D - Plan for the Administration of the District Court Fund	Appendix D - Plan for the Administration of the District Court Fund	Appendix D - Plan for the Administration of the District Court Fund
E	Click the link below to open the document in PDF format. Appendix E - The District Court Fund Regulations Governing The Prepayment and Reimbursement of Expenses in Pro Bono Cases, here.	Appendix E - The District Court Fund Regulations Governing The Prepayment And Reimbursement Of Expenses In Pro Bono Cases	Appendix E - The District Court Fund Regulations Governing The Prepayment And Reimbursement Of Expenses In Pro Bono Cases
Appendix	Click here to view the Appendix 1- Agreement on Acceptance of Service	Appendix 1- Agreement on Acceptance of Service	Appendix 1- Agreement on Acceptance of Service
to	SAMPLE JOINT STATEMENT Pursuant to section (e) of LR54.3, the parties submit the following Joint Statement with respect to the motion for fees and expenses filed by [name of movant]: [name of movant] claims attorney’s fees of $102,425 and related nontaxable expenses of $12,578.40. [name of movant] calculates this claim as follows: Lawyer Hours Rate Totals Smith 300 $245 73,500 Jones 175 $110 19,250 Johnson 65 $95 6,175 Wilson (paralegal) 70 $50 3,500 Total $102,425 The position of [name of respondent] is that fees should be awarded on the following basis: Lawyer Hours Rate Totals Smith 200 $200 40,000 Jones 175 $110 19,250 Johnson 40 $95 3,800 Wilson 70 $50 3,500 Total $ 66,550 Respondent’s position is that related nontaxable expenses of $11,380.00 should be awarded. The specific disputes remaining between the parties are the following: (a) The appropriate hourly rate for Smith; (b) Whether 100 hours spent by Smith and 25 hours spent by Johnson on the state claim should be compensated; (c) Whether $1,198.40 spent on deposition transcripts of four specific witnesses (Banks, Davis, George, and Penny) should be compensable. The underlying judgment in the case will not be appealed and the only remaining dispute in the litigation is the appropriate fee award.	Appendix to Local Rule 54.3	Appendix to Local Rule 54.3

Appendix A - Forms

PROCEDURES FOR VOLUNTARY MEDIATION PROGRAM FOR LANHAM ACT CASES Adopted pursuant to Local Rule 16.3(b) Introduction This page provides the viewer with information concerning the voluntary mediation program for the Northern District of Illinois. The mediation program was approved by the full Court on 30 September 1996 through the promulgation of local General Rule 5.10 (Renumbered as Local Rule 16.3). The program applies to all civil cases filed on or after January 6, 1997 under the Lanham Act (Federal Trademark Act of 1946, 15 U.S.C. ''1051-1127). The procedures approved by the full Court pursuant to Local Rule 16.3B provide that at the earliest of the first scheduling conference or 90 days after an eligible case is filed, the parties are required to file a joint statement indicating whether they wish to participate in the voluntary mediation program. If the parties do not wish to participate, they are required to provide a statement summarizing the reason or reasons for that decision. Parties may also indicate that they are already participating in some other form of mediation. In such instances the joint statement must include a brief description of that program. If they wish to pursue mediation, the parties may select a qualified neutral mediator from a list of individuals and organizations maintained by the Clerk. The mediator facilitates negotiations among the parties to help them arrive at a mutually satisfactory settlement. The mediation sessions are confidential, and should be completed within 30 days, ending with a report to the court on the outcome. The costs of mediation are normally shared equally by the parties. Local Rule 16.3 delineates the administrative procedures for the program approved by the full Court, and a list of persons and organizations who have filed certificates indicating their availability to serve as neutral mediators. A form has also been enclosed that should be used as the joint statement of the parties regarding participation in the mediation program. The procedures approved by the Court require counsel to mail or otherwise provide copies the Lanham Act document package to each party. As soon as practicable, but in no event later than 20 days after parties receiving the package, are required to file a certificate stating that they have provided copies of these documents as required by the Court. CONTENTS List of Organizations and Individual Neutrals Rule 16.3 Voluntary Mediation Program Procedures For Voluntary Mediation Program Joint Statement Regarding Participation Download - Lanham Act Document Package PDF format (49 KB)

Appendix B - Lanham Act Mediation Program

Appendix C - Regulations pertaining to Trial Bar Admissions (Deleted 12/29/2016)

Appendix D - Plan for the Administration of the District Court Fund

Appendix E - The District Court Fund Regulations Governing The Prepayment And Reimbursement Of Expenses In Pro Bono Cases

Appendix 1- Agreement on Acceptance of Service

Appendix to Local Rule 54.3


Rules	Applicable disciplinary rules are the Model Rules adopted by the American Bar Association. On any matter not addressed by the ABA Model Rules or for which the ABA Model Rules are inconsistent with the Rules of Professional Conduct, a lawyer admitted to practice in Illinois is governed by the Illinois Rules of Professional Conduct, as adopted by the Illinois Supreme Court, and a lawyer not admitted to practice in Illinois is bound by the Rules of Professional Conduct for the state in which the lawyer’s principal office is located. Notwithstanding the foregoing, limited scope appearances of attorneys, as set forth in Illinois Supreme Court Rules 11(e), 13(c)(6), 13(c)(7), and any comparable rules of other states, are not permitted in matters before this Court. Any attorney seeking to enter a limited appearance on behalf of a party may do so only with leave of Court. Adopted June 2, 2011; Amended May 23, 2014	LR83.50 Rules of Professional Conduct	LR83.50 Rules of Professional Conduct
Jurisdiction	Any lawyer practicing before this Court is subject to the disciplinary authority of this Court although also engaged in practice elsewhere. Committee Comment. In addition to the fact that Illinois lawyers practice in Illinois state courts as well as in this Court, in modern practice lawyers frequently act outside the territorial limits of the jurisdiction in which they are licensed to practice, either in another state or outside the United States. In doing so, they remain subject to the governing authority of this Court as well as the state jurisdiction in which they are licensed to practice. Where the lawyer is licensed to practice law before two courts which impose conflicting obligations, applicable rules of choice of law may govern the situation. This Court’s adoption of rules differing to some extent from the Illinois Rules has been intended, to the maximum extent possible, to minimize, or avoid entirely, such conflicting obligations.	LR83.58.5. Jurisdiction	LR83.58.5. Jurisdiction

LR83.50 Rules of Professional Conduct

LR83.58.5. Jurisdiction


Local	Local rules numbered as LRSupA.1, LRSupB.1, etc., are associated with the Supplemental Rules For Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure. They may be referred to as the “local admiralty rules.” The terms “Supplemental Rule” and “Supplemental Rules” as used within the local admiralty rules shall refer to one or all of the Supplemental Rules for Certain Admiralty Claims of the Federal Rules of Civil Procedure.The local civil rules of this Court shall apply to admiralty and maritime claims to the extent they are not inconsistent with the local admiralty rules.	LRSupA.1. Local Admiralty Rules, Application of Local Civil Rules	LRSupA.1. Local Admiralty Rules, Application of Local Civil Rules
Attachments	(a) Suits Filed In Forma Pauperis. In suits in forma pauperis no process in rem shall issue except upon proof of 24 hours’ notice to the owner of the property or his agent, of the filing of the complaint unless allowed by the court. (b) Service. In actions in personam where the debts, credits or effects named in any process of maritime attachment and garnishment are not delivered up to the marshal by the garnishee or are denied by him to be the property of the defendant it shall be a sufficient service of such process to leave a copy thereof with such garnishee, or at his usual residence or place of business, with notice of the property attached. On return by the marshal, the plaintiff may proceed to a hearing and final judgment in the cause on providing proof to the satisfaction of the court that the property belongs to defendant. In actions in rem, process against freight or proceeds of property in possession of any person may be served in the same manner.(c) Judgment of Default. On the expiration of the time to answer, if no pleading under Fed.R.Civ.P. 12 has been filed, the plaintiff may have an ex parte hearing of the cause and a judgment without notice, except that:(1) if an appearance has been filed, 7 days’ notice of the hearing shall be given by the plaintiff to all persons who have appeared; and (2) final judgment shall not enter against arrested or attached property until it is shown by affidavit that notice of the motion has been given to the owner of the property, if known to the plaintiff, or otherwise to the owner’s agent, if known and to any holder of any security interest in the vessel arrested or attached, recorded in the records of the United States Coast Guard.The notice shall be by first class mail to the mailing address of record or to the last known address. Failure to give notice as provided by this rule may be grounds for setting aside the default under applicable rules, but shall not affect title to property sold under a judgment. Amended November 19, 2009	LRSupB.1. Attachments & Garnishments: Special Provisions	LRSupB.1. Attachments & Garnishments: Special Provisions
Actions	(a) Publication; Notice of Sale. The notice required by section (4) of Supplemental Rule C shall be published at least once and shall contain the fact and date of the arrest, the name of the Court, the title of the cause, the nature of the action, the amount demanded, the name of the marshal, the name and address of the attorney for the plaintiff, and a statement that claimants must file their claims pursuant to Supplemental Rule C(6) with the clerk within 14 days after the date of first publication or within such additional time as may be allowed by the court and must file and serve their answers within 21 days after the filing of their claims. The notice shall also state that all interested persons should file claims and answers within the times so fixed; otherwise default will be noted and condemnation ordered. When property remains in custody of the marshal the cause will not be heard until after publication of notice of arrest shall have been made in that cause or in some other pending cause in which the property is held in custody. No final judgment shall be entered ordering the condemnation and sale of non-perishable property, arrested under process in rem, unless publication of notice of arrest in that cause shall have been duly made. Unless otherwise ordered as provided by law, notice of sale of the property in suits in rem shall be published daily for at least 7 days before sale. All publication shall be made in a newspaper of general circulation in the City of Chicago. (b) Time Within Which to Show Cause. A summons issued pursuant to Supplemental Rule C(3) dealing with freight or the proceeds of property sold or other intangible property, shall set the date by which the person having control of the funds is to show cause. The date shall be at least 10 days after service of the summons. The court, for good cause shown, may shorten the period. (c) Property in Possession of Collector of Customs. In suits in rem when property is in the possession or custody of the collector of customs the person or organization to whom the clerk delivered the warrant of arrest shall deliver a copy of the process to the collector together with notice of the arrest of the property therein described and require the collector to detain such property in custody until the further order of the court. This requirement shall be in addition to any publication of process made pursuant to section (a). (d) Limitations on Claims Made After Sale. In proceedings in rem, claims upon the proceeds of sale of property under a final judgment order or decree, except for seamen’s wages, will not be admitted in behalf of lienors who file complaints or petitions after the sale, to the prejudice of lienors who filed complaints or petitions before the sale, but shall be limited to the remnants and surplus, unless for cause shown it shall be otherwise ordered. Amended November 19, 2009	LRSupC.1. Actions in Rem: Special Provisions	LRSupC.1. Actions in Rem: Special Provisions
Actions	(a) Security for Costs. Each plaintiff other than the United States shall file a security for cost bond or stipulation in the amount of $250 conditioned that the principal shall pay all costs awarded by this or any appellate court, except as ordered by court. Municipal corporations within this District shall not be required to file such bond unless ordered by court pursuant to Supplemental Rule E(2)(b). (b) Stipulations. Whenever the owner or owners of any vessel shall execute and deliver to the clerk a general bond or stipulation as provided by Supplemental Rule E(5)(b) conditioned to answer the judgment of the court in all or any actions that may be brought thereafter in such court in which the vessel is attached or arrested, notice of the process shall be given to the principal and surety or sureties in said bond by service of a copy thereof by the marshal upon each of the persons named in said bond. Failure to receive such notice shall in no wise affect the liability under such bond; all other notices shall be given and the cause proceed as if such vessel had been taken into actual custody. All stipulations shall contain the consent of the stipulators, that if the party, for whose benefit the stipulation is filed recover, the judgment may be entered against them for an amount not exceeding the amount named in such stipulation. (c) Notice & Approval. Stipulators may justify on short notice before a magistrate judge, the clerk, or a notary public, who, if required by an adverse party, shall examine the sureties under oath as to their sufficiency, and annex their depositions to the bond or stipulation. In all cases where the surety on bonds or stipulations is not a corporate surety holding a certificate of authority of the Secretary of the Treasury and the bond or stipulation is not approved by the parties, reasonable notice of the application for approval by the court or clerk shall be given.	LRSupE.1. Actions in Rem and Quasi in Rem: General Provisions	LRSupE.1. Actions in Rem and Quasi in Rem: General Provisions
Appraisal	In case of seizure of property on behalf of the United States, an appraisal for the purpose of bonding may be had by any party in interest, on giving 7 days’ notice of motion for the appointment of appraisers. If the parties or their attorneys and the United States attorney are present in court, such motion may be made instanter, after seizure and without notice.Orders for the appraisal of property under arrest or attachment at the suite of a private party may be entered as of course, at the instance of any party interested, or upon the consent of the attorneys for the respective parties.Unless otherwise ordered, only one appraiser shall be appointed. Where the respective parties do not agree in writing, the judge shall name the appraiser.The appraiser shall give one day’s notice of the time and place of making the appraisal to the attorneys in the action. The appraisal shall be filed with the clerk. Amended November 19, 2009	LRSupE.2. Appraisal	LRSupE.2. Appraisal
Safekeeping	Upon seizure of any vessel, the marshal shall make appropriate arrangements for the safekeeping of the vessel. The marshal may require the party at whose instance the vessel is to be seized to pay any costs as incurred. Upon the request of the claimant of the vessel or of the owner, charterer, master or other person in control of the vessel at the time it was seized, and with the consent of the party at whose instance the vessel was seized, the marshal may appoint the master of the vessel as custodian and may permit the vessel to be worked and shifted within the District without further order of court.	LRSupE.3. Safekeeping of Vessels; Movement Within Port	LRSupE.3. Safekeeping of Vessels; Movement Within Port
Judicial	(a) Marshal’s Account of Sale. When any money shall come to the hands of the marshal under or by virtue of any order or process of the court, he shall forthwith present to the clerk a bill of his charges showing the time he received the money. After the filing of the bill of charges and upon the taxation thereof he shall forthwith pay to the clerk the amount of said money less his charges as taxed. An account of all property sold under the order or judgment of this Court shall be returned by the marshal and filed in the clerk’s office, with the execution or other process under which the sale was made. (b) Conditions of Sale. When a vessel is sold under an order or judgment of this Court pursuant to Supplemental Rules E(9)(b) or E(9)(c), the marshal shall make his account of the property sold as provided in section (a) and shall prepare a certificate of sale showing the name and address of the highest bidder. Such sale shall be subject to approval and confirmation by the court or rejection by the court, upon motion and showing of good cause therefor, which motion may be made by the plaintiff, or by any party of record, or by the highest bidder. It shall be the responsibility of the plaintiff, or such other party of record who desires that the sale be approved and confirmed, to prepare and present to the court from the pleadings in the case, or from other sources, a description of the vessel for purpose of identification as an aid to the United States Coast Guard properly to record and index the vessel on its records, or to enable the vessel to be registered or numbered under the Illinois Boat Registration and Safety Act or such other state or federal statute as may be applicable. The description may include the name of the vessel, its official number, if any, its state identification number, if any, its dimensions, the name of the former owner, the ownership interest to be transferred, and the name and address of the purchaser who shall have been the successful bidder at the sale. (c) Marshal’s Bill of Sale. If and when the court approves and confirms the sale, the order approving and confirming such sale shall direct the marshal to issue a marshal’s bill of sale containing appropriate identification and description of the vessel so that the same may be recorded pursuant to any applicable regulations of the United States Coast Guard or other government agency.	LRSupE.4. Judicial Sale	LRSupE.4. Judicial Sale

LRSupA.1. Local Admiralty Rules, Application of Local Civil Rules

(a) Suits Filed In Forma Pauperis. In suits in forma pauperis no process in rem shall issue except upon proof of 24 hours’ notice to the owner of the property or his agent, of the filing of the complaint unless allowed by the court. (b) Service. In actions in personam where the debts, credits or effects named in any process of maritime attachment and garnishment are not delivered up to the marshal by the garnishee or are denied by him to be the property of the defendant it shall be a sufficient service of such process to leave a copy thereof with such garnishee, or at his usual residence or place of business, with notice of the property attached. On return by the marshal, the plaintiff may proceed to a hearing and final judgment in the cause on providing proof to the satisfaction of the court that the property belongs to defendant. In actions in rem, process against freight or proceeds of property in possession of any person may be served in the same manner.(c) Judgment of Default. On the expiration of the time to answer, if no pleading under Fed.R.Civ.P. 12 has been filed, the plaintiff may have an ex parte hearing of the cause and a judgment without notice, except that:(1) if an appearance has been filed, 7 days’ notice of the hearing shall be given by the plaintiff to all persons who have appeared; and (2) final judgment shall not enter against arrested or attached property until it is shown by affidavit that notice of the motion has been given to the owner of the property, if known to the plaintiff, or otherwise to the owner’s agent, if known and to any holder of any security interest in the vessel arrested or attached, recorded in the records of the United States Coast Guard.The notice shall be by first class mail to the mailing address of record or to the last known address. Failure to give notice as provided by this rule may be grounds for setting aside the default under applicable rules, but shall not affect title to property sold under a judgment. Amended November 19, 2009

LRSupB.1. Attachments & Garnishments: Special Provisions

(a) Publication; Notice of Sale. The notice required by section (4) of Supplemental Rule C shall be published at least once and shall contain the fact and date of the arrest, the name of the Court, the title of the cause, the nature of the action, the amount demanded, the name of the marshal, the name and address of the attorney for the plaintiff, and a statement that claimants must file their claims pursuant to Supplemental Rule C(6) with the clerk within 14 days after the date of first publication or within such additional time as may be allowed by the court and must file and serve their answers within 21 days after the filing of their claims. The notice shall also state that all interested persons should file claims and answers within the times so fixed; otherwise default will be noted and condemnation ordered. When property remains in custody of the marshal the cause will not be heard until after publication of notice of arrest shall have been made in that cause or in some other pending cause in which the property is held in custody. No final judgment shall be entered ordering the condemnation and sale of non-perishable property, arrested under process in rem, unless publication of notice of arrest in that cause shall have been duly made. Unless otherwise ordered as provided by law, notice of sale of the property in suits in rem shall be published daily for at least 7 days before sale. All publication shall be made in a newspaper of general circulation in the City of Chicago. (b) Time Within Which to Show Cause. A summons issued pursuant to Supplemental Rule C(3) dealing with freight or the proceeds of property sold or other intangible property, shall set the date by which the person having control of the funds is to show cause. The date shall be at least 10 days after service of the summons. The court, for good cause shown, may shorten the period. (c) Property in Possession of Collector of Customs. In suits in rem when property is in the possession or custody of the collector of customs the person or organization to whom the clerk delivered the warrant of arrest shall deliver a copy of the process to the collector together with notice of the arrest of the property therein described and require the collector to detain such property in custody until the further order of the court. This requirement shall be in addition to any publication of process made pursuant to section (a). (d) Limitations on Claims Made After Sale. In proceedings in rem, claims upon the proceeds of sale of property under a final judgment order or decree, except for seamen’s wages, will not be admitted in behalf of lienors who file complaints or petitions after the sale, to the prejudice of lienors who filed complaints or petitions before the sale, but shall be limited to the remnants and surplus, unless for cause shown it shall be otherwise ordered. Amended November 19, 2009

LRSupC.1. Actions in Rem: Special Provisions

LRSupE.1. Actions in Rem and Quasi in Rem: General Provisions

LRSupE.2. Appraisal

LRSupE.3. Safekeeping of Vessels; Movement Within Port

(a) Marshal’s Account of Sale. When any money shall come to the hands of the marshal under or by virtue of any order or process of the court, he shall forthwith present to the clerk a bill of his charges showing the time he received the money. After the filing of the bill of charges and upon the taxation thereof he shall forthwith pay to the clerk the amount of said money less his charges as taxed. An account of all property sold under the order or judgment of this Court shall be returned by the marshal and filed in the clerk’s office, with the execution or other process under which the sale was made. (b) Conditions of Sale. When a vessel is sold under an order or judgment of this Court pursuant to Supplemental Rules E(9)(b) or E(9)(c), the marshal shall make his account of the property sold as provided in section (a) and shall prepare a certificate of sale showing the name and address of the highest bidder. Such sale shall be subject to approval and confirmation by the court or rejection by the court, upon motion and showing of good cause therefor, which motion may be made by the plaintiff, or by any party of record, or by the highest bidder. It shall be the responsibility of the plaintiff, or such other party of record who desires that the sale be approved and confirmed, to prepare and present to the court from the pleadings in the case, or from other sources, a description of the vessel for purpose of identification as an aid to the United States Coast Guard properly to record and index the vessel on its records, or to enable the vessel to be registered or numbered under the Illinois Boat Registration and Safety Act or such other state or federal statute as may be applicable. The description may include the name of the vessel, its official number, if any, its state identification number, if any, its dimensions, the name of the former owner, the ownership interest to be transferred, and the name and address of the purchaser who shall have been the successful bidder at the sale. (c) Marshal’s Bill of Sale. If and when the court approves and confirms the sale, the order approving and confirming such sale shall direct the marshal to issue a marshal’s bill of sale containing appropriate identification and description of the vessel so that the same may be recorded pursuant to any applicable regulations of the United States Coast Guard or other government agency.

LRSupE.4. Judicial Sale


Project	Pilot Project Regarding Initial Discovery Protocols for Employment Cases Alleging Adverse Action	Pilot Project Regarding Initial Discovery Protocols for Employment Cases Alleging Adverse Action	Pilot Project Regarding Initial Discovery Protocols for Employment Cases Alleging Adverse Action

Pilot Project Regarding Initial Discovery Protocols for Employment Cases Alleging Adverse Action

LCR 1.1 Adoption of Rules

LCR 1.2 Applicability of Local Civil Rules

LCR 5.1 Duty Magistrate Judge

LCR 6.1 Chief Judge to Supervise Grand Jury

LCR 6.2 Records of the Grand Juries in the Possession of the Clerk

LCR 10.1 Arraignments

LCR 11.1 Pleas by Corporate Defendants

LCR 12.1 Pretrial Motions

LCR 16.1 Pretrial Discovery and Inspection

LCR 31.1 Contact With Jurors

(a) Application of Rule. This rule shall be effective in all cases in which a determination of guilt is made on or after the date of its adoption. (b) Definitions. The following definitions shall apply to this rule: (1) "business day" shall include any day other than a Saturday, a Sunday, or a legal holiday as defined by Fed.R.Crim.P. 45(a); (2) "day" (except where used in the term "business day") shall refer to all days, including Saturdays, Sundays, and legal holidays as defined by Fed.R.Crim.P. 45(a); (3) "determination of guilt" shall mean the entry of a judgment of conviction whether by plea or after trial; (4) "guidelines" shall mean the United States Sentencing Guidelines and Policy Statements promulgated pursuant to 28 U.S.C. §994; (5) "probation officer" shall mean the probation officer assigned to prepare the presentence investigation report; and (6) "report" shall mean the presentence investigation report. (c) Scheduling of Hearing. Upon the determination of guilt, the court shall set a date for the sentencing hearing. The hearing shall be set not less than 84 days after the determination of guilt. Any motion to modify the time limits in this Rule must be made at the time the sentencing hearing date is set. (d) Notifying Probation Office. Following the determination of guilt, the attorney for the defendant and the defendant, unless in custody, shall report to the probation office to begin the presentence investigation immediately or by no later than 2:00 p.m. the following business day, unless the probation office agrees to a different schedule. If the defendant is incarcerated, the attorney for the defendant shall report to the probation office and provide the information needed to begin the presentence investigation. Within one business day following the determination of guilt, the court’s courtroom deputy shall forward a presentence referral form to the probation office. The defendant shall participate in an interview, if any, with the probation office, within 14 days after the determination of guilt. Failure to schedule the interview within this period does not affect any of the other dates set forth herein. (e) Submission of Versions. Not more than 14 days after the determination of guilt, the attorney for the government shall submit to the probation officer its version of the offense conduct. Not more than 7 days after submission of the government’s version of the offense conduct, the attorney for each defendant shall submit a version of the offense conduct to the probation officer. The attorneys shall serve copies of their versions upon opposing counsel and upon the attorney for any co-defendant as to whom a determination of guilt has been made. Within 7 days after the receipt of the co-defendants’ versions, each co-defendant’s attorney shall submit to the probation officer and serve upon all counsel that defendant’s version of the offense conduct as it relates to the defendants’ respective roles in the offense. Failure to submit a version of the offense conduct within 7 days after the government’s submission of its version of the offense conduct may constitute waiver of the right to have such material considered within the PSR, and the probation officer will have the right to make determinations without regard to a defendant’s version of the offense conduct submitted after that date. (f) Presentence Investigation Report. Not later than 35 days prior to sentencing, the probation officer shall complete and issue the presentence investigation report to the court, the defendant and defense counsel, and counsel for the government. The recommendation of the presentence report shall be submitted initially only to the Court, but the Court may, in its discretion, and with notice to the Probation Office, direct disclosure of the recommendation to the defendant and defense counsel, and counsel for the government, as well. The recommendation section shall not include any factual information not already contained in the other sections of the report. (g) Position Paper. Not later than 14 days prior to sentencing, counsel for the defendant shall file with the Court and the probation officer objections, if any, to the Presentence Investigation Report, and a sentencing memorandum. The Government will have leave to respond 7 days thereafter. The parties’ submissions shall specify— (1) any factor important to the sentencing determination that is reasonably in dispute, (2) any additional material information affecting the sentencing ranges established by the Guidelines, and (3) any other objections or corrections to the report. Any objection or correction not filed at that time shall be deemed waived, unless for good cause shown the court permits it to be raised at the sentencing hearing. The attorneys shall serve copies of the position papers upon opposing counsel and upon the attorney for any co-defendant as to whom a determination of guilt has been made. (h) Responsibility of Attorneys to Review Presentence Investigation Report. Counsel for the defendant shall meet with the defendant to read and discuss the report at a reasonable time prior to the date set for submission of objections and sentencing memorandum. Counsel for the government shall examine the final report at a reasonable time prior to the date set for the government’s submission. (i) Report and Letters. Letters to the court regarding the case or defendant shall be disclosed promptly to the probation office and all counsel. (j) Availability of Report. The report shall not be disclosed to any person or agency without the written permission of the sentencing judge. Upon notice of appeal, the probation office shall, with notification to the sentencing judge, forward under seal and apart from the appellate public file, a copy of the report to the clerk of the appellate court where it shall be available upon request for review by attorneys for the defendant and the government. Upon completion of all appellate matters, the report and the recommendation shall be returned to the probation office. Unauthorized copying, dissemination, or disclosure of the contents of the report in violation of these rules may be treated as contempt of court and punished accordingly. Committee Comment to 2013 amendment: The Rule is amended in response to language in United States v. Peterson, 711 F.3d 770 (7th Cir. 2013)suggesting that parties should be permitted to "evaluate any analysis that might form the basis of a judicial determination." Committee Comment to 2012 amendment: The Rule is amended to render it consistent with Federal Rule of Criminal Procedure 32(f) and to set reasonable deadlines for the parties' submissions to the court. Committee Comment to 2002 amendment: Prior to its most recent amendment, the rule had required the probation officer to "mail a preliminary report, without the recommendation to the defendant, the defendant’s attorney and the attorney for the government." The above-quoted language did not expressly require that the recommendation be kept confidential. It merely prevented its early disclosure. We believe that the phrase "without the recommendation" was included in the prior rule because it reflected the long-standing practice of confidentiality. This commonly accepted practice had existed for decades. All district courts in this Circuit treat the recommendations as confidential. Nevertheless, elimination of the phrase has led to uncertainty over the continuing confidentiality of the recommendations. Amended March 29, 2018

LCR 32.1 Presentence Investigations

LCR 32.1.1 Petitions & Reports Relating to Modification of Terms of Probation or Supervised Release

LCR 32.3 Confidentiality of Records Relating to Presentence Investigation Reports and Probation Supervision

LCR 46.1 Bail Bonds

LCR 46.2 Pretrial Services Agency

LCR 46.3 Notifying Pretrial Services Agency of Arrest and Filing of Case

(a) General. The information obtained while performing pretrial services functions in relation to an accused shall be used only for the purposes of release determination and shall otherwise be confidential. Each pretrial services report shall be made available to the attorney for the accused and the attorney for the Government in connection with a pretrial release or detention hearing, a pretrial release revocation proceeding, or any judicial proceeding to modify the conditions of release. The pretrial services report should not be disclosed to other parties by the attorney for the defendant or the attorney for the Government. Any copies of the pretrial services report so disclosed shall be returned to the pretrial services officer at the conclusion of the hearing. (b) Prohibition of Disclosure. (1) Unless authorized by the regulations as established by the Director of the Administrative Office or ordered by the judicial officer for good cause shown, a pretrial services officer shall not disclose pretrial services information. This prohibition on unauthorized disclosure applies whether such disclosure is sought through the direct testimony of the pretrial services officer or by means of a subpoena, subpoena duces tecum, or other form of judicial process. (2) Notwithstanding any other provision of this Rule, a court order issuing an arrest warrant for a violation of pretrial release conditions shall suffice as the Court’s authorization for the pretrial services officer to provide the United States Marshal with the violation report and any associated records on which the violation report is based. This information may be used by the Marshal solely for the purpose of executing the arrest warrant and shall not be further disseminated without a court order. (c) Definition. The term “pretrial services information” shall include any information, whether recorded or not, that is obtained or developed by a pretrial services officer in the course of performing a pretrial services investigation, preparing the pretrial services report, performing any post-release of post-detention investigation, or supervising a defendant released pursuant to chapter 207 of Title 18, United States Code. The term does not include any information appearing in the public records of the court. (d) Minimization. Any disclosure of pretrial services information permitted under the provisions of this Rule shall be limited to the minimum information necessary to carry out the purpose of the disclosure. Amended November 6, 2019

LCR 46.4 Confidentiality of Pretrial Services Information and Reports

LCR 47.1 Motions

In each of the following instances, the assignment clerk shall assign the case to a judge in the manner specified: (1) Criminal Contempt Cases arising out of Grand Jury proceedings. Any criminal contempt case arising out of grand jury proceedings shall be assigned to the chief judge at the time of filing. If the chief judge determines that such case should be heard by some other judge, it will be transferred to the Executive Committee with a recommendation that it be assigned by lot to some other judge. (2) Interception of Wire and Oral Communications. All requests for authorization for interceptions of wire and oral communications or other investigatory matters arising under Chapter 119 of Title 18 of the U.S. Code shall be brought before the chief judge. Any civil suppressed cases arising out of such requests shall be assigned directly to the calendar of the chief judge. (3) Cases Arising Out of Failure to Appear. Where an information or indictment is filed in which the principal charge is that the defendant failed to appear in a criminal proceeding in this Court, the information or indictment shall be assigned directly to the same calendar as that to which the earlier criminal proceeding is assigned. (4) Superseding Indictments or Information. The United States attorney will indicate on the designation sheet filed with each indictment or information whether it supersedes a pending indictment or information. A superseding indictment or information will be filed in the same case as the superseded indictment or information. Where it supersedes more than one indictment or information, it will be filed in the case which was first assigned to a district judge. For the purpose of this subsection, an indictment or information supersedes an earlier filed indictment or information if at least one of the defendants in the later filed indictment or information is charged with at least one of the charges brought against the same defendant in an earlier filed indictment or information. (5) Criminal cases where pre-indictment assignment made. Where a proceeding arising out of a criminal complaint is required to be heard by a district judge and is assigned by lot to a district judge prior to the filing of the indictment or information associated with the complaint, the indictment or information shall be assigned directly to the calendar of the judge to whom the proceeding was assigned. Where the indictment would have been assigned using a category different from the one used to assign the criminal complaint, appropriate equalization will be made.

LCR 50.2 Direct Assignments: Criminal

(a) Misdemeanors. Where a magistrate judge has not previously been designated pursuant to LR 72.1, information filed or indictments returned in the Eastern Division alleging the commission of a misdemeanor shall be assigned by lot among the magistrate judges sitting in that division. Similar information filed or indictments returned in the Western Division shall be assigned to a magistrate judge sitting in the division. (b) Federal Enclave Magistrate Judge. From time to time the executive magistrate judge shall approve a schedule designating the periods during which each of the magistrate judges sitting in the Eastern Division will serve as the federal enclave magistrate judge. The federal enclave magistrate judge will conduct trials of all misdemeanors which arise in federal enclaves. (c) Designation at Filing. Whenever a criminal case is filed in the Eastern Division and assigned to the calendar of a district judge, the clerk shall designate a magistrate judge in the manner provided in LR 72.1. Where an indictment or information arises out of one or more criminal complaints, the designated magistrate shall be the magistrate to whom the earliest of those complaints was assigned. Where multiple defendants in a single complaint assigned to a magistrate judge are subsequently charged in more than one indictment or information arising out of that complaint, the designated magistrate judge for each such case shall be the magistrate judge to whom the complaint was assigned. (d) Referrals. The procedures used to refer a matter in a criminal case to a magistrate judge shall be the same as those used to refer a civil case pursuant to LR 72.1, provided that where a judge notifies the clerk in writing that the judge wishes to have criminal cases routinely referred to a magistrate judge for conducting arraignments and other pretrial matters, such notification shall act as a referral in lieu of the procedures specified in LR 72.1. The clerk shall promptly notify the designated magistrate of the filing of any indictment or information assigned to the calendar of a judge who has filed a notice of routine reference. (e) Forfeiture of Collateral Hearings. Hearings and other matters relating to violation notices and forfeiture of collateral proceedings pursuant to LCR 58.1 shall be handled in the Eastern Division by the magistrate judge designated as federal enclave magistrate judge on the day the hearings are scheduled and in the Western Division by the magistrate judge sitting in that division. (f) Right to Proceed Before District Judge. If a proceeding assigned directly to a magistrate judge is such that a party to the proceeding has the right to proceed before a district judge and that party fails to waive that right, then the proceeding shall be reassigned to a district judge pursuant to LCR 50.4(b) as if it were an appeal from a judgment of a magistrate judge. The magistrate judge shall notify the clerk in writing of the failure to waive. The clerk will reassign the proceeding promptly following the receipt of that notice. Amended March 22, 2019

LCR 50.3 Magistrate Judges: Assignments and Referrals

LCR 50.4 Magistrate Judges: Reviews and Appeals

LCR 57.1 Attorneys: Filing Appearances

LCR 57.2 Release of Information by Courthouse Personnel

(a) Executive Committee. Orders establishing the amount of collateral to be posted by defendants alleged to have committed petty offenses and those cases in which the collateral may be accepted in lieu of appearances may be entered by the Executive Committee acting for the Court. (b) Collateral In Lieu Of Appearance. Collateral may be posted by a defendant in lieu of appearance where the charge is one of the petty offenses listed in an order entered pursuant to (a) of this rule. The collateral shall be in the amount specified in that order. Collateral may not be posted by a defendant in lieu of appearance either– (1) where the petty offense involved or contributed to an accident which resulted in personal injury or damage to property in excess of $100, or (2) for a subsequent offense not arising out of the same facts or sequence of events which resulted in the original offense. (c) Forfeiture of Collateral. Posting collateral pursuant to section (b) of this rule signifies that the defendant neither contests the charge nor requests a hearing before the designated magistrate judge. The failure of the defendant to appear shall result in the forfeiture of the amount posted. Such forfeiture shall be tantamount to a finding of guilty. The clerk shall certify the record of any conviction of a traffic violation to the proper state authority as required by the applicable state statute. (d) Central Violations Bureau (CVB). The clerk shall maintain a central violations bureau (CVB). All agencies issuing violation notices shall prepare the notices in the form prescribed by the Director of the Administrative Office of the United States Courts. Agencies shall promptly submit to the CVB the original and one copy of any violation notice issued or any which the agency wishes to be voided or dismissed. (e) Dismissals and Voids. No violation notice may be dismissed or voided except by order of court. Requests to dismiss or void made by agencies shall be submitted to the CVB. The CVB shall notify the United States attorney of the request. The United States attorney shall present the request to the designated magistrate judge at a regular call of violation notices.

LCR 58.1 Petty Offenses; Central Violations Bureau

In a case in which representation of a criminal defendant is projected to be unusually complex and lengthy, an attorney appointed pursuant to the Criminal Justice Act ("CJA Attorney") may seek approval for interim payments. A motion for such approval must cite this local criminal rule and justify the request on the basis of the hardship to counsel in undertaking the representation for a period of the projected length without compensation, pursuant to the Guidelines for the Administration of the Criminal Justice Act, 2.30. The motion must certify the CJA Attorney's acceptance of the following requirements: 1. Counsel shall submit quarterly, or on a schedule approved by the Court, to the Clerk of Court an interim CJA form 20 “Appointment of and Authority to Pay Court Appointed Counsel.” The first interim voucher shall reflect all compensation claimed and reimbursable expenses incurred, from the effective date of the appointment through the date in which the first interim voucher is submitted. 2. Each voucher shall include the time period covered and shall be consecutively numbered. 3. Interim vouchers shall be submitted quarterly, or on a schedule approved by the Court, even in those periods for which little to no compensation or expenses are claimed. 4. All interim vouchers shall be supported by detailed and itemized statements of the attorney's time and expenses. Each voucher shall include the total amount of money requested to date. 5. The Court will review the interim vouchers when submitted, particularly regarding the amount of time claimed, and will authorize compensation to be paid for 80 percent of the approved number of hours. This compensation will be determined by multiplying 80 percent of the approved number of hours by the applicable rate. Counsel should note that the interim payments are partial tentative payments, and the final payment may be adjusted if necessary by the Court. 6. Within 45 days of the conclusion of the representation, counsel shall submit a final voucher seeking payment of the 20% balance withheld from the earlier interim vouchers, as well as payment for the representation provided during the final interim period. After reviewing the final voucher, the Court will submit it to the Chief Judge of the Circuit or his or her delegate for review and approval. 7. Counsel may be reimbursed for out-of-pocket expenses reasonably incurred incident to the representation. 8. Although the statute and applicable regulations do not place a monetary limit on the amount of expenses that can be incurred, counsel should incur no single expense item in excess of $500.00 without prior approval of the Court. Such approval may be sought by filing an ex parte application with the Clerk, stating the nature of the expense, the estimated cost, and the reason the expense is necessary to the representation. An application seeking such approval may be filed in camera, if necessary. 9. Recurring expenses, such as telephone toll calls, photocopying and photographs, which may aggregate more than $500 on one or more interim vouchers, are not considered a single item expense requiring prior court approval. 10. Telephone toll calls, photocopying, and photographs may be reimbursable expenses if reasonably incurred. 11. General office overhead, such as rent, secretarial help, and normal telephone service, is not a reimbursable expense, nor are items of a personal nature. 12. Expenses for service of subpoenas on fact witnesses are not reimbursable, but rather are governed by Rule 17 of the Fed.R.Crim.P. and 28 U.S.C. §1825. 13. In some instances, travel may be required for purposes of consulting with the client or with predecessor counsel, interviewing witnesses or experts, etc. In such circumstances, where travel is required outside the County of Cook for cases assigned to the Eastern Division, or outside the County of Winnebago for cases assigned to the Western Division, travel expenses, such as airfare, mileage, parking fee, meals and lodging, can be claimed as itemized expenses. If expenses relating to a single trip will exceed a total of $500.00, counsel must seek prior Court approval. Actual expenses incurred for meals and lodging during such travel must conform to the prevailing government travel regulations imposed on federal judiciary employees for official travel. 14. CJA Attorneys are bound by the regulations of the Criminal Justice Act set forth in (1) 18 U.S.C. §3006A; (2) the Plan of the United States District Court for the Northern District of Illinois, available through the Clerk of Court; and (3) Guidelines for the Administration of the Criminal Justice Act, published by the Administrative Office of the U.S. Courts, also available through the Clerk of Court. Should these references fail to provide the desired clarification or direction, counsel should address their inquiry directly to this Court and its staff. Adopted September 25, 2014

LCR 44.1 Interim CJA Payments

(a) Submission of warrant applications. Except for matters that are reserved for the Chief Judge (for example, in LCR 50.2 (2) and LCR 6.1) and as provided in (b), applications for search warrants or seizure warrants must be submitted to the duty magistrate judge. (b) A district judge may issue a standing order that search warrants or seizure warrants related to a case assigned to that judge must be brought to that judge. (c) Assignment of case numbers. When an application for a search warrant or seizure warrant is approved and the warrant is signed by the duty magistrate judge, the application and warrant will be given a Miscellaneous (M) case number and be assigned to the magistrate judge who signed the warrant except where the United States Attorney identifies the warrant as related to a criminal case that has been assigned a CR number. In such circumstances, the CR number associated with that case will be assigned to the application and warrant, and the application and warrant will be filed in that case. When a search warrant or seizure warrant is signed by a district judge as provided in (b), the application and warrant will be given the CR number of the case before the district judge and docketed in that case. (d) Motions to Seal. This rule, rather than LR 26.2, governs a motion to seal a search warrant or seizure warrant. A motion to seal a warrant must be brought to the district judge or magistrate judge who signed the warrant and must specify a date no more than 180 days later when the sealing order will expire absent a further court order. Any application for delayed notice of a search must comply with 18 U.S.C. §3103. All filings will be unsealed upon the expiration of the sealing order. (e) A Motion to Extend a Sealing Order. (1) Any motion to extend an order sealing a warrant or to extend delayed notice must be brought to the district judge or magistrate judge who signed the warrant. If a motion is brought at a time when that judge is unavailable, the motion shall be heard by the duty magistrate judge. (2) The motion must be filed no later than three days prior to the expiration of the seal or delayed notice to allow adequate time for the review of the motion. The motion shall be filed electronically, and a draft order must be submitted to the assigned judge’s proposed order email box. (f) Search Warrant Returns. The return of the search warrant must be made in accordance with the Federal Rules of Criminal Procedure. In addition to that requirement, the United States Attorney’s Office must also electronically file a copy of the return including the inventory of property seized into the court’s Electronic Case Filing System. If the application and warrant are sealed at the time of the return of the search warrant, the return of the search warrant will also be filed under seal. Amended 06/27/16

LCR 41 Search Warrants


46.5	NON-DISCLOSURE AGREEMENT FOR RESEARCH GROUPS Whereas (Name of person or organization) has been granted access to records, reports and files of the Pretrial Services Agency (Agency) of the United States District Court for the (name of district) (District Court) hereby acknowledges and agrees that any information, including records, reports, files, or oral communications, it receives from the Agency with respect to criminal defendants is strictly confidential as provided by LCrR46.5, a copy of which is attached and is not to be disclosed to any parties, other than the Agency and Federal District Court, except in the matter of a research analysis and paper which shall not identify, directly or indirectly, the identities of any of the Agency subjects. Upon a breach of this non-disclosure agreement, the Agency may withdraw access to its files and records by (Name of person or organization), or take such lesser steps as are commensurate with the breach of confidentiality.	---LCrR 46.5. b. 2 Non-disclosure Agreement for Research Groups	Form LCrR46.5(b)(2) Non-disclosure Agreement for Research Groups
46.5	TO BE ADDED AS COVENANT TO CONTRACT NON-DISCLOSURE AGREEMENT FOR CONTRACT SERVICES (Name of person or organization) hereby acknowledges and agrees that any information, including records, reports, files, or oral communications, it receives from the Pretrial Services Agency (Agency) of the United States District Court for the (Name of district) (District Court) with respect to criminal defendants is strictly confidential as provided by LCrR46.5, a copy of which is attached, and is not to be disclosed, except as provided by that rule, to any parties, individuals or organizations, other than the Agency and District Court. (Name of person or organization) further agrees that it will not identify, directly or indirectly any individual Agency subject in any report of research, evaluation, periodic audits or studies, or in any articles for publication of any kind, or in any verbal disclosures, except in reports required by or to the referring Agency or the District Court. It is understood and agreed that the Agency will be notified promptly by (Name of person or organization) of any subpoena or other request for information that pertains to Agency information. Upon a breach of this non-disclosure agreement, the Agency is entitled to terminate the contract relationship with (Name of person or organization) or to take whatever lesser steps are necessary to prevent further breaches of this agreement.	---LCrR 46.5. b. 3. Non-disclosure Agreement for Organizations Providing Contract Services	Form LCrR46.5(b)(3). Non-disclosure Agreement for Organizations Providing Contract Services
46.1	United States District Court Northern District of Illinois ............Division FORM TO BE COMPLETED BY THE PERSON DEPOSITING CASH TO SECURE A BOND Defendant’s Name:.................... Case No:.......... I, (Name of person depositing cash) state that I am the person making the cash deposit of (Amount of cash) to secure the bond of defendant (Name of the defendant whose bond is secured by this deposit). I directed the Clerk of the Court to refund this cash deposit as follows (Initial one or both and indicate the amount(s) to be refunded): $(Amount) to me (Initials) $(Amount) to (Name of person to receive refund) (Initials) of (Street address) (City, State and ZIP code) (Signature of depositor) Date:.......... (Street address of depositor) Receipt No........ (City, State and ZIP code of depositor) INSTRUCTIONS The person depositing cash with the clerk to secure the release of a defendant in a criminal case shall complete the form on the reverse. (The cashier will provide the receipt number.) Refunds of cash deposits are governed by LCrR46.1(c). The clerk will refund monies deposited without additional order of court only to the person or persons indicated on the reverse of this document. In order to make the payment without specific order of court the clerk requires that this document, the original receipt, and the assignment, if any, be surrendered to the cashier at the time the request for refund was made.	---LCrR 46.1. Form to be Completed by the Person Depositing Cash to Secure a Bond	Form LCrR46.1. Form to be Completed by the Person Depositing Cash to Secure a Bond

Form LCrR46.5(b)(2) Non-disclosure Agreement for Research Groups

Form LCrR46.5(b)(3). Non-disclosure Agreement for Organizations Providing Contract Services

Form LCrR46.1. Form to be Completed by the Person Depositing Cash to Secure a Bond

Local Patent Rules

LPR Appendix A

LPR Appendix B

General Order 09-0022

LPR 1.1 Application and Construction

LPR 1.2 Initial Scheduling Conference

LPR 1.3 Fact Discovery

LPR 1.4 Confidentiality

LPR 1.5 Certification of Disclosures

LPR 1.6 Admissibility of Disclosures

LPR 1.7 Relationship to Federal Rules of Civil Procedure

The plaintiff and any defendant that files an answer or other response to the complaint shall exchange their Initial Disclosures under Federal Rule of Civil Procedure 26(a)(1) (“Initial Disclosures”) within fourteen (14) days after the defendant files its answer or other response, provided, however, if defendant asserts a counterclaim for infringement of another patent, the Initial Disclosures shall be exchanged within fourteen (14) days after the plaintiff files its answer or other response to that counterclaim. As used in this Rule, the term “document” has the same meaning as in Federal Rule of Civil Procedure 34(a): (a) A party asserting a claim of patent infringement shall produce or make the following available for inspection and copying along with its Initial Disclosures, to the extent they are in the party’s possession, custody or control. (1) all documents concerning any disclosure, sale or transfer, or offer to sell or transfer, of any item embodying, practicing or resulting from the practice of the claimed invention prior to the date of application for the patent in suit. Production of a document pursuant to this Rule is not an admission that the document evidences or is prior art under 35 U.S.C. § 102; (2) with respect to patents that are not governed by the America Invents Act (“AIA”) but instead are governed by the pre-AIA patent statute: all documents concerning the conception, reduction to practice, design, and development of each claimed invention, which were created on or before the date of application for the patent in suit or a priority date otherwise identified for the patent in suit, whichever is earlier; (3) all communications to and from the U.S. Patent and Trademark Office for each patent in suit and for each patent or patent applicationon which a claim for priority is based; and (4) all documents concerning ownership of the patent rights by the party asserting patent infringement. (b) A party opposing a claim of patent infringement shall produce or make the following available for inspection and copying, along with its Initial Disclosures: (1) documents sufficient to show the operation and construction of all aspects or elements of each accused apparatus, product, device, component, process, method or other instrumentality identified with specificity in the pleading of the party asserting patent infringement; and (2) a copy of each item of prior art of which the party is aware that allegedly anticipates each asserted patent and its related claims or renders them obvious or, if a copy is unavailable, a description sufficient to identify the prior art and its relevant details; and (3) a statement of the gross sales revenue from the accused product(s) (a) for the six (6) year period preceding the filing of the complaint or, if shorter, (b) from the date of issuance of the patent that will enable the parties to estimate potential damages and engage in meaningful settlement negotiations. With respect to LPR 2.1 (a) and (b), each producing party shall separately identify by production number which documents correspond to each category of the corresponding LPR.

LPR 2.1 Initial Disclosures

A party claiming patent infringement must serve on all parties “Initial Infringement Contentions” containing the following information within fourteen (14) days after the Initial Disclosures under LPR 2.1: (a) an identification of no more than 25 claims of each patent in suit that are allegedly infringed by the opposing party, but no more than 50 claims total, including for each claim the applicable statutory subsection of 35 U.S.C. § 271; (b) separately for each asserted claim, an identification of each accused apparatus, product, device, process, method, act, or other instrumentality (“Accused Instrumentality”) of the opposing party of which the party claiming infringement is aware. Each Accused Instrumentality must be identified by name, if known, or by any product, device, or apparatus which, when used, allegedly results in the practice of the claimed method or process; (c) a chart identifying specifically where each element of each asserted claim is found within each Accused Instrumentality, including for each element that such party contends is governed by 35 U.S.C. § 112(6)/112(f), a description of the claimed function of that element and the identity of the structure(s), act(s), or material(s) in the Accused Instrumentality that performs the claimed function; (d) identification of whether each element of each asserted claim is claimed to be present in the Accused Instrumentality literally or under the doctrine of equivalents. For any claim under the doctrine of equivalents, the Initial Infringement Contentions must include an initial explanation of each function, way, and result that is equivalent and why any differences are not substantial; (e) for each claim that is alleged to have been indirectly infringed, an identification of any direct infringement and a description of the acts of the alleged indirect infringer that contribute to or are inducing that direct infringement. If alleged direct infringement is based on joint acts of multiple parties, the role of each such party in the direct infringement must be described; (f) for any patent that claims priority to an earlier application, the priority date to which each asserted claim allegedly is entitled; (g) identification of the basis for any allegation of willful infringement; and (h) if a party claiming patent infringement wishes to preserve the right to rely, for any purpose, on the assertion that its own or its licensee’s apparatus, product, device, process, method, act, or other instrumentality practices the claimed invention, the party must identify, separately for each asserted patent, each such apparatus, product, device, process, method, act, or other instrumentality that incorporates or reflects that particular claim, including whether it is marked (actually or virtually) with the patent number.

LPR 2.2 Initial Infringement Contentions

Each party opposing a claim of patent infringement or asserting invalidity or unenforceability shall serve upon all parties its “Initial Non-Infringement, Unenforceability and Invalidity Contentions” within fourteen (14) days after service of the Initial Infringement Contentions. Such Initial Contentions shall be as follows: (a) Non-Infringement Contentions shall contain a chart, responsive to the chart required by LPR 2.2(c), that separately indicates, for each identified element in each asserted claim, to the extent then known by the party opposing infringement, whether such element is present literally or under the doctrine of equivalents in each Accused Instrumentality and, if not, each reason for such denial and the relevant distinctions. Conclusory denials are not permitted. (b) Invalidity Contentions must contain the following information to the extent then known to the party asserting invalidity: (1) an identification, with particularity, of up to twenty five (25) items of prior art per asserted patent that allegedly anticipates each asserted claim. Each prior art patent shall be identified by its number, country of origin, and date of issue. Each prior art publication must be identified by its title, date of publication, and where feasible, author and publisher. Prior art in the form of sales, offers for sale, or uses shall be identified by specifying the item offered for sale or publicly used or known, the date the offer or use took place or the information became known, and the identity of the person or entity which made the use or which made and received the offer, or the person or entity which made the information known or to whom it was made known. For a patent governed by the pre-AIA amendments to the patent statute, any prior art under 35 U.S.C. § 102(f) shall be identified by providing the name of the person(s) from whom and the circumstances under which the invention or any part of it was derived, and prior art under 35 U.S.C. § 102(g) (pre-AIA) shall be identified by providing the identities of the person(s) or entities involved in and the circumstances surrounding the making of the invention before the patent applicant(s); (2) for each item of prior art, a detailed statement of whether it allegedly anticipates or renders obvious each asserted claim. If a combination of items of prior art allegedly makes a claim obvious, the Invalidity Contentions must identifyeach such combination, and the reasons to combine such items; (3) a chart identifying where specifically in each alleged item of prior art each element of each asserted claim is found, including for each element that such party contends is governed by 35 U.S.C. § 112(6)/112(f), a description of the claimed function of that element and the identity of the structure(s), act(s), or material(s) in each item of prior art that performs the claimed function; (4) a detailed statement of any grounds of invalidity based on indefiniteness under 35 U.S.C. § 112(2)/112(b), enablement or written description under 35 U.S.C. § 112(1)/112(a), or any other basis; and. (5) a detailed statement of any grounds for contentions that a claim is invalid as non-statutory/patent ineligible under 35 U.S.C. §101. (c) Unenforceability contentions shall identify the acts allegedly supporting and all bases for the assertion of unenforceability.

LPR 2.3 Initial Non-Infringement, Unenforceability and Invalidity Contentions

LPR 2.4 Document Production Accompanying Initial Non-infringement and Invalidity Contentions

LPR 2.5 Initial Response to Non-Infringement and Invalidity Contentions

LPR 2.6 Disclosure Requirement in Patent Cases Initiated by Complaint for Declaratory Judgment

(a) Final Infringement Contentions. Final infringement contentions shall be served in two stages: (1) Within nineteen (19) weeks after the due date for service of Initial Infringement Contentions, each party claiming patent infringement must serve on all other parties a list identifying no more than 10 claims per patent and no more than 20 claims overall that the party is asserting, each of which must be selected from claims identified in the Initial Infringement Contentions. (2) Within twenty-one (21) weeks after the due date for service of Initial Infringement Contentions, each party claiming patent infringement must serve on all other parties "Final Infringement Contentions" containing the information required by LPR 2.2 (a)-(h). In the Final Infringement Contentions, no Accused Instrumentality may be accused of infringing more than ten (10) claims per patent and twenty (20) claims overall, selected from the claims identified in the Initial Infringement Contentions. If the Doctrine of Equivalents is being asserted, the Final Infringement Contentions must include an explanation of each function, way, and result that is equivalent and why any differences are not substantial. (b) Final Unenforceability and Invalidity Contentions. Each party asserting invalidity or unenforceability of a patent claim shall serve on all other parties, at the same time that the Final Infringement Contentions required by LPR 3.1(a)(2) are served, "Final Unenforceability and Invalidity Contentions" containing the information required by LPR 2.3 (b) and (c). Final Invalidity Contentions may rely on more than twenty-five (25) prior art references only by order of the Court upon a showing of good cause and absence of unfair prejudice to opposing parties. For each claim alleged to be invalid, the Final Unenforceability and Invalidity Contentions are limited to four (4) prior art grounds per claim and four (4) non-prior art grounds. No claim asserted to be infringed shall be subject to more than eight (8) total grounds per claim. Each of the following shall constitute separate grounds: indefiniteness, lack of written description, lack of enablement, unenforceability, and non-statutory subject matter under 35 U.S.C. § 101. Each assertion of anticipation and each combination of references shall constitute separate grounds.

LPR 3.1 Final Infringement, Unenforceability and Invalidity Contentions

LPR 3.2 Final Non-infringement, Enforceability and Validity Contentions

LPR 3.3 Document Production Accompanying Final Invalidity Contentions

LPR 3.4. Amendment of Final Contentions

LPR 3.5 Relationship to USPTO Proceedings and Prior Litigation

LPR 3.6 Discovery Concerning Opinions of Counsel

LPR 4.1 Exchange of Proposed Claim Terms To Be Construed Along With Proposed Constructions

(a) Opening Claim Construction Brief. Within thirty-five (35) days after the exchange of terms set forth in LPR 4.1(a), the parties opposing infringement shall file their Opening Claim Construction Brief, which may not exceed twenty-five (25) pages absent prior leave of court. The brief shall identify any intrinsic evidence with citation to the Joint Appendix under LPR 4.2(b) and shall separately identify any extrinsic evidence the party contends supports its proposed claim construction. If a party offers the testimony of a witness to support its claim construction, it must include with its brief a sworn declaration by the witness setting forth the substance of the witness’ proposed testimony, and promptly make the witness available for deposition (if the witness is under the control of the party) concerning the proposed testimony. (b) Joint Appendix. On the date for filing the Opening Claim Construction Brief, the parties shall file a Joint Appendix containing the patent(s) in dispute and the prosecution history for each patent. The prosecution history must be paginated, and all parties must cite to the Joint Appendix when referencing the materials it contains. Any party may file a separate appendix to its claim construction brief containing other supporting materials. (c) Responsive Claim construction Brief. Within twenty-eight (28) days after filing of the Opening Claim Construction brief, the parties claiming infringement shall file their Responsive Claim Construction Brief, which may not exceed twenty-five (25) pages absent prior leave of Court. The brief shall identify any intrinsic evidence with citation to the Joint Appendix under LPR 4.2(b) and shall separately identify any extrinsic evidence the party contends supports its proposed claim construction. If a party offers the testimony of a witness to support its claim construction, it must include with its brief a sworn declaration by the witness setting forth the substance of the witness’s proposed testimony and promptly make the witness available for deposition (if the witness is under the control of the party) concerning the proposed testimony. If such a deposition occurs,the date for the filing of a Reply Claim Construction brief shall be extended by seven (7) calendar days. The brief shall also describe all objections to any extrinsic evidence identified in the Opening Claim Construction Brief. (d) Reply Claim Construction Brief. Within fourteen (14) days after filing of the Responsive Claim Construction Brief, the parties opposing infringement shall file their Reply Claim Construction Brief, which may not exceed fifteen (15) pages absent prior leave of Court. The brief shall describe all objections to any extrinsic evidence identified in the Opening Claim Construction Brief. (e) The presence of multiple alleged infringers with different products or processes shall, in an appropriate case, constitute good cause for allowing additional pages in the Opening, Responsive, or Reply Claim Construction Briefs or for allowing separate briefing as to different alleged infringers. (f) Joint Claim Construction Chart. Within seven (7) days after the date for filing of the Reply Claim Construction Brief, the parties shall file (1) a joint claim construction chart that sets forth each claim term and phrase addressed in the claim construction briefs; each party’s proposed construction, and (2) a joint status report containing the parties’ proposals for the nature and form of the claim construction hearing pursuant to LPR 4.3. Comment The committee opted for consecutive claim construction briefs rather than simultaneous briefs, concluding that consecutive briefing is more likely to promote a meaningful exchange regarding the contested points. For the same reason, the committee opted to have the alleged infringer file the opening claim construction brief. Patent holders are more likely to argue for a “plain meaning” construction or for non-construction of disputed terms; alleged infringers tend to be less likely to do so. The Rules provide for three briefs (opening, response, and reply), not four, due to the likelihood of a claim construction hearing or argument. The Court’s determination not to hold a hearing or argument may constitute a basis to permit a surreply brief by the patent holder. A judge may choose not to require or permit a reply brief.

LPR 4.2 Claim Construction Briefs

LPR 4.3 Claim Construction Hearing

LPR 5.1 Disclosure of Experts and Expert Reports

LPR 5.2 Depositions of Experts

LPR 5.3 Presumption Against Supplementation of Reports

LPR 6.1 Final Day for Filing Dispositive Motions

Local Patent Rules for Electronically Stored Information

LPR 2.0 Patent Initial Disclosures


01.	(a) Meetings of the District Judges. The judges of this Court shall establish the policies of the Court, determine its programs and adopt and promulgate its rules at their official meetings. The regular active and senior judges shall assemble not less than once a month for such official meetings except as they determine otherwise. Each judge attending the meeting, whether active or senior, shall be entitled to vote on matters brought before the meeting, except as otherwise required by statute. (b) Secretary of the Court. At the September meeting the least senior regular active judge who has not previously served as secretary shall be designated as secretary of the Court. The secretary shall make and maintain the official minutes of the judges' meetings. The secretary, if unable to attend the meeting, shall make arrangements for another judge to act as secretary and inform the chief judge of such arrangements.	IOP 01. Meetings of District Judges	IOP01. Meetings of District Judges
02.	(a) Duties & Responsibilities. This Court shall administer and conduct its business by action of its Executive Committee. The Executive Committee shall prescribe its own rules of procedure. The members of the Executive Committee shall meet not less than once a month, except as they otherwise determine. The chief judge may call the members of the Committee to attend a special meeting where a ruling of the Committee is required and such ruling cannot be delayed until the next scheduled regular meeting. (b) Composition of the Executive Committee. The Executive Committee shall be composed of the chief judge, the next district court judge eligible to be chief judge, four regular active judges of the Court, the presiding magistrate judge, and the clerk of the Court. The chief judge or, in the absence of the chief judge, the next district court judge eligible to be chief judge, shall preside over the meetings of the Executive Committee. The clerk shall serve as secretary to the Executive Committee. Membership in the Executive Committee shall be rotated among the regular active judges of the Court in order of seniority. Except as otherwise provided by this section, the term of each regular active judge other than one holding non-voting membership shall start on the day following the last day of service of the prior judge, and end four years later. As the term of such a member of the Executive Committee expires or terminates for any reason, the regular active judge with the most seniority who has not served on the Executive Committee shall become a member. When all the regular active judges of the Court have served one term, membership shall be rotated on the basis of seniority of the active judges then members of this Court, provided that the chief judge may not serve as both a four-year term member and ex officio. When a judge assumes an unexpired term vacated by another judge, that judge shall serve for four years starting on the day following the last day of service of the judge who failed to complete a four-year term. (c) Voting Rights of Executive Committee Members. Each member of the Executive Committee, other than the non-voting members, shall have one vote. The chief judge and the clerk of the Court shall be the only non-voting members of the Executive Committee. Therefore, voting members shall be the next district court judge eligible to be chief judge, four regular active judges of the Court, and the presiding magistrate judge. In the event of a split vote, the chief judge, or in the absence of the chief judge, the next district court judge eligible to be chief judge, shall cast the deciding vote. In the absence of the chief judge, the next district court judge eligible to be chief judge shall refrain from voting in the initial vote, but shall reserve his or her vote in case of a split vote among the other voting members. Each vote shall require a quorum of four voting members.	IOP 02. Executive Committee	IOP02. Executive Committee
03.	The administrative business of the Court will be accomplished through liaison judges and such committees as the Court or the chief judge shall create. The chief judge shall make the assignments of liaison judges and members of committees created by the chief judge. The judges so assigned shall serve until such time as the chief judge designates a successor. Members of committees created by the Court shall be appointed and served in the manner provided for in the general order creating such committee.Each liaison judge and committee shall be responsible for maintaining effective liaison with the departments or agencies or areas of special concern that constitute the administrative area to which the judge or committee was assigned. From time to time each liaison judge or committee shall report to the Court on the activities of the administrative area concerned and make any recommendations for actions on the part of the Court that the liaison judge or committee deems necessary.From time to time the chief judge after consulting the full Court will cause to be published an order listing the administrative areas to which liaison judges or committees are to be assigned together with any committees of the Court other than the Executive Committee. Such order will also indicate the names of the judges designated as liaison judges or as members of a committee.	IOP 03. Liaison Judges and Committees	IOP03. Liaison Judges and Committees
04.	The chief judge shall appoint from among the full-time magistrate judges a presiding magistrate judge. The presiding magistrate judge shall preside at any meeting of the magistrate judges, shall serve as a voting member of the Executive Committee, shall be responsible for maintaining liaison on matters pertaining to magistrate judges with the district judge designated as liaison judge to magistrate judges, and shall be responsible for performing such other duties as the chief judge directs. The order of appointment will fix the length of the appointment, which shall not exceed four years, with the term ending on December 31. Amended October 26, 2005 and March 10, 2020	IOP 04. Presiding Magistrate Judge	IOP04. Presiding Magistrate Judge
05.	The presiding magistrate judge shall call meetings of the magistrate judges not less often than quarterly for the purpose of discussing matters of common interest to the magistrate judges in the performance of their duties.	IOP 05. Meetings of Magistrate Judges	IOP05. Meetings of Magistrate Judges
10.	(a) Classes of Cases. All cases filed in this Court shall be assigned to one of the following six classes of cases: (1) adversary proceedings which include any cases initiated by the filing of an adversary complaint in a bankruptcy proceeding pursuant to the provisions of the Bankruptcy Act or of the Bankruptcy Code; (2) bankruptcy cases which include any cases initiated by the filing of a petition pursuant to the provisions of the Bankruptcy Code; (3) criminal cases which include any cases initiated (A) by the filing of a complaint, an information or an indictment for the punishment of a crime against the United States, including cases instituted under the Federal Juvenile Delinquency Act, removal cases and complaints for the apprehension of a material witness or (B) by the issuing of a rule to show cause why a person should not be held in contempt where criminal contempt is involved, including such contempts arising from grand jury proceedings; (4) disciplinary proceedings which include any cases involving the discipline of members of the bar of this Court pursuant to LR83.25, et seq.; (5) magistrate judge cases which include (A) any cases initiated before a magistrate judge by documents other than a criminal complaint, including but not limited to search warrants, orders appointing counsel where no complaint has been filed and inspection of warrants, but not generally including petty offenses based on violation notices, and (B) any petty offense proceeding based on the issuance of a violation notice in which the defendant does not waive the right to trial before a district judge and the case is referred to the district court for trial; and (6) civil cases which include (A) any other case or matters initiated by the filing of an application, complaint or petition, (B) any appeal from an order entered by a bankruptcy judge, and (C) any certificates for contempt filed by a magistrate judge or by a bankruptcy judges. (b) Case Numbers. Each case, upon the filing of the initial paper, shall be given a case number which shall indicate the year in which it was filed, the class to which it belongs, and a sequence number, as follows: (1) the year of filing will be indicated by the use of the last two digits of the calendar year in which the initial paper is filed; (2) the class to which the case belongs will be indicated by use of the letter A, B, CR, D, M or C, to indicate, respectively, the classes of adversary proceedings, bankruptcy cases, criminal cases, disciplinary proceedings, magistrate judge cases, or civil cases; (3) the sequence number will be the next available number taken from the appropriate case number series. In each of the two Divisions of the Court there shall be eleven consecutive number series, one for each class of cases other than disciplinary proceedings and one for disciplinary proceedings. The number series in the Eastern Division and the number series for disciplinary proceedings will start each year with the number 1. The number series in the Western Division will start with the number 50,001. (c) Exceptions to Numbering System in Criminal Cases. An indictment or information that arises out of offenses charged in one or more previously filed criminal complaints shall be designated by the same case number as the earliest filed complaint. Any indictment or information that supersedes an earlier filed indictment or information as defined by subsection (4) of LCrR50.2 shall be designated by the same case number as that of the superseded indictment or information. In order to identify clearly and uniquely each defendant named in a criminal complaint, indictment, or information, each defendant listed in the caption of the original complaint, indictment, or information shall be assigned a number such that the first listed defendant shall be defendant 1, the second, defendant 2, etc. Where pursuant to this section an indictment or information is designated by the same case number as either an earlier filed criminal complaint or a superseded indictment or information, each defendant included in the later filed indictment or information who was included in the earlier filed complaint, indictment, or information shall be assigned the same defendant number as was assigned at the earlier filing. Where a defendant included in the earlier filed complaint, indictment, or information is not included in the later filed indictment or information, the number assigned to that defendant will be skipped. Where one or more defendants are included in the later filed indictment or information who were not included in the earlier filed complaint, indictment, or information, defendant numbers shall be assigned starting with the lowest number not assigned at the time of the filing of the initial complaint, indictment, or information.	IOP 10. Case Numbers and Case Categories	IOP10. Case Numbers and Case Categories
11.	(a) Filing Procedures. The assignment clerk shall file each new case in the following manner: (1) Except where the case was accepted for filing by the emergency judge outside of regular business hours and the date and time of filing are already noted, the date and time of filing shall be stamped or written on the cover of the documents initiating the case. (2) The appropriate case number shall be stamped on the initiating document. (3) The case number and assignment category shall be entered into the computerized assignment system and the case shall be assigned. (4) A magistrate judge shall be designated for the case in the manner provided for by section (c). (5) Except as provided for in section (f) below, the name of the district judge to whom the case is assigned and, where applicable, the name of the designated magistrate judge shall be stamped on the initiating documents. Where two or more indictments or informations are presented to the assignment clerk for assignment, the order in which they are to be filed and assigned shall be according to their grand jury numbers, the earliest such number being assigned first. Where indictments returned by two or more grand juries are presented for filing at the same time, the indictments of the older grand jury shall be taken first. If two grand juries were impaneled in the same month, the indictments of the special grand jury shall be taken first. (b) Assignment of Cases: Eastern Division. The clerk shall maintain an automated assignment system for the assignment and reassignment of cases in the Eastern Division. All cases filed in the Eastern Division shall be by assigned using the automated assignment system. For the purposes of assigning cases to the calendars of the judges serving in the Eastern Division, the civil and criminal cases shall be divided into the categories indicated: (1) Criminal Cases: (A) Criminal I, (B) Criminal II, (C) Criminal III, (D) Criminal IV, and (E) Criminal V; and (2) Civil Cases: (A) Civil I, (B) Civil II, (C) Civil III, (D) Civil IV, (E) Civil V, (F) Civil VI, (G) Civil VII, (H) certificates for contempt filed by bankruptcy judges pursuant to Rule 920 of the National Bankruptcy Rules and certificates for contempt filed by magistrate judges. In addition, those magistrate judge cases involving petty offenses based on the issuance of violation notices wherein defendants did not waive their right to trial before a judge of the district court which are referred to a judge of the district court shall constitute a separate assignment category. (3) The Executive Committee shall establish the types of cases to be included in Criminal categories I, II, III, IV, and V and in Civil categories I, II, III, IV, V, VI, and VII. A master list of the types of cases included in those categories shall be used by the assignment clerk in the assignment of civil and criminal cases. The automated assignment system shall provide a separate process for assigning cases in each of the enumerated categories. In each process the name of each judge of this Court, other than the chief judge or any senior judge, shall appear an equal number of times. The sequence of judges' names within each block shall be kept secret. The process shall record for each case assigned the case number, the assignment category, and date and time of the assignment. (4) A motion for the return of property filed pursuant to FRCrP41(e) after an indictment or information has been filed in a criminal case shall be directly assigned to the district judge before whom the criminal case was last pending. If that judge is no longer sitting, the motion shall be assigned by lot to a district judge. Whenever it appears that a case has been assigned by lot that should have been assigned directly under the provisions of this section, the judge receiving the case shall transfer it to the Executive Committee for reassignment to the calendar of the judge to whom it should have been assigned directly. (5) The automated assignment system will at the time of the reassignment of any case introduce any equalization required. The equalization will take the form of an adjustment to the appropriate assignment process that will treat the reassignment as a new assignment to the judge receiving the case and negate the assignment of the case to the judge reassigning it. Unless otherwise ordered by the Executive Committee in the order of reassignment, such equalization will apply in each of the following instances: (i) to correct an assignment error where a case that should have been assigned directly pursuant to LR40.3 was assigned by lot; (ii) where a case is reassigned following a result of a recusal with equalization pursuant to IOP13(f); or (iii) where the order of reassignment directs that the reassignment be with equalization. The clerk shall periodically report to the Executive Committee on the performance of the automated assignment system. Such report shall include a summary of any assignments or reassignments for which equalization is required in addition to any automatic equalization authorized by these procedures. Where it determines additional equalization is required, the Executive Committee will enter an appropriate order. Records of the system shall be preserved for five years except as otherwise ordered by the Executive Committee. (c) Designation Cycles for Magistrate Judges. There shall be a separate designation cycle for magistrate judges for civil and criminal cases each of the assignment categories specified in IOP11(b), provided that the Executive Committee may direct that two or more of the categories other than Civil I, II, and III, and Criminal I, II, and III be combined into a single designation cycle. Each designation cycle shall consist of the name of each of the magistrate judges assigned to the Eastern Division. Whenever a new case is assigned to a district judge using one of the assignment decks enumerated above, the clerk shall randomly designate a magistrate judge from the designation cycle for that type of case as the magistrate judge in the case. Whenever pursuant to LR40.3(b) or LCrR50.2 a new case is assigned to a district judge directly and not by lot, the magistrate judge designated for the case originally assigned by lot will be designated for the later filed case. The provisions of this section notwithstanding, where an indictment or information arises out of one or more criminal complaints, the designated magistrate judge shall be the magistrate judge to whom the earliest of those complaints was assigned. Where multiple defendants in a single complaint assigned to a magistrate judge are subsequently charged in more than one indictment or information arising out of that complaint, the designated magistrate judge for each such case shall be the magistrate judge to whom the complaint was assigned. (d) Assignment of Cases: Western Division. (1) Civil cases in the Western Division shall at filing be both randomly assigned to a district judge and generally referred to a magistrate judge whose duty stations are in that division, provided that a district judge may in any case set aside the initial general reference to a magistrate judge (2) All criminal cases shall at filing be randomly assigned to a district judge. The United States Attorney must, at the time of filing, advise the Court in writing whether the Federal Bureau of Investigation (“FBI”) took part in the investigation. Based upon the information provided by the United States Attorney, the Clerk of Court will enter a referral of a criminal case involving the FBI only to a magistrate judge who does not have a conflict that would require the magistrate judge’s recusal. For any case not involving the FBI, the Clerk will enter a referral to the magistrate judge who is recused from FBI cases. (e) Duties under the Federal Debt Collection Procedures Act. Pursuant to 28 U.S.C. ' 3008, the Court assigns its duties in proceedings under Chapter 176 of Title 28 of the United States Code, the Federal Debt Collection Procedures Act, (AFDCPA@) in all civil cases to the United States Magistrate Judges of this Court. When relief under the FDCPA is sought by the United States, all necessary documents shall be submitted to the designated magistrate. If no magistrate judge has been previously designated, or where the designated magistrate judge is no longer sitting, a magistrate judge shall be designated as provided for by section (c). The designated magistrate shall supervise proceedings, decide all nondispositive matters, and prepare a report and recommendation in all dispositive matters. If the designated magistrate judge enters a report and recommendation on a dispositive motion, the clerk shall assign the case by lot to a district judge if one has not been previously assigned. If the parties consent to the reassignment of the proceedings to a magistrate judge, the clerk shall reassign the case to the designated magistrate judge without the entry of a separate Executive Committee reassignment order. (f) Assignment of Student Loan and Veteran Education Loan Cases. When a complaint is filed on behalf of the Department of Education or the Veterans= Department alleging a failure to repay a student loan or a failure to repay an educational overpayment, the person filing the complaint shall indicate its nature to the assignment clerk. When a complaint of this type is filed, the assignment clerk shall designate a magistrate judge as provided for by section (c) above and shall assign the case generally to the United States magistrate judges. When necessary, the designated magistrate judge shall supervise pretrial proceedings, which may include the preparation of a report and recommendation for the disposition of any motion for injunctive relief, for judgment on the pleadings, for summary judgment, or to dismiss for any reason. If the parties consent to the reassignment of the case to a magistrate judge, the clerk shall reassign the case to the designated magistrate judge without the entry of a separate Executive Committee reassignment order. If the magistrate judge enters the pretrial order or issues a report and recommendation on a dispositive motion, the clerk shall assign the case by lot to a district judge. Where a case requires the involvement of a magistrate judge and no magistrate judge has been previously designated, or where the designated magistrate judge is no longer sitting, a magistrate judge shall be designated as provided for by section (c). (Amended 2/7/02, 6/23/06, 6/04/09, 3/22/19, 3/10/2020, 09/23/2021)	IOP 11. Filing & Assignment of New Cases	IOP11. Filing & Assignment of New Cases
12.	(a) Selection. A regular active judge, whose duty station is the Eastern Division and who is not currently serving as chief judge, shall serve as the Western Division backup judge. The judge shall serve as backup judge for a period of 1 year commencing on the first day of January. Unless an Eastern Division judge volunteers and is so designated by the Chief Judge, the backup judge shall be selected from among the eligible regular active judges on the basis of seniority, the most senior being selected first. No judge eligible to serve as the backup judge shall serve a second term until all other eligible judges have served at least once. No judge who has been in office for less than 6 months is eligible to serve as the backup judge. (b) Reassignment of Cases. Any case in which the judge assigned to the Western Division enters a recusal will be transferred to the Executive Committee for reassignment to the judge serving as Western Division backup judge. The Executive Committee will reassign the case to the calendar of the judge acting as backup judge as of the date of the Committee’s order. The order of reassignment will also provide that the backup judge receive equalization for each case so reassigned in the form of a skip in the assignment of new cases in the same category. Adopted June 26, 2007	IOP 12. Western Division Backup Judge	IOP12. Western Division Backup Judge
13.	(a) Multidistrict Litigation. When it is brought to the attention of the Executive Committee that proceedings similar to those in a case pending in this District are pending in one or more other districts and that coordinated or consolidated pretrial discovery proceedings should be conducted, the Committee will notify each judge upon whose calendars such cases appear of the proceedings in the other district or districts. Each such judge will transfer the case or cases to the calendar of the Executive Committee. The Committee will reassign the cases to a judge designated by the Committee for the purpose of hearing and determining any and all motions in connection with such multi-district litigation. The judge to whom the cases are so assigned shall have the power to transfer them for the purpose of discovery to another district, either in this or in another circuit, when it is deemed necessary to promote multi-district discovery, provided that in those instances where the transfer of cases to other districts is being considered by the Panel for Multi-District Litigation, the case shall not be transferred until such time as the Panel has made its determination. Cases reassigned under this procedure that require trial following the completion of the consolidated discovery shall be transferred to the Executive Committee for reassignment to the judge from whose calendar they were initially transferred. If that judge is no longer sitting, the cases shall be reassigned by lot. (b) Fugitive Calendar. The Executive Committee shall maintain a calendar called the Fugitive Calendar. Defendants in criminal cases shall be assigned to that calendar in accordance with the procedures set out in this section. Where appropriate, the term “judge” used in this section shall mean both district judge and magistrate judge. (1) Reassignment of cases to the Fugitive Calendar. Whenever a defendant in a criminal case is fugitive for more than 30 consecutive days or whenever short of said 30 days the judge determines that a defendant is fugitive, the judge to whom the case is assigned shall transfer the defendant to the Fugitive Calendar. Such transfer shall be made even in those instances where other defendants in the case are not fugitive and the case is proceeding as to them, provided that where the judge determines that the presence of the fugitive defendant in such multiple defendant case is required for the trial of the non-fugitive defendants, and an order is entered to that effect, the fugitive defendant shall remain on the calendar of the judge. (2) Procedures for removing cases from the Fugitive Calendar. Where a defendant on the Fugitive Calendar is arrested or appears and the judge to whom the case was assigned is still sitting and hearing criminal cases, the clerk shall promptly transfer the defendant from the Fugitive Calendar to the calendar of that judge. If the judge is either no longer sitting or is no longer receiving assignment of criminal cases, the following procedures shall be followed: (A) Where the defendant is to be brought before a judge immediately following arrest or appearance, the United States Attorney shall have the defendant brought before the emergency judge who shall order the clerk to notify the Executive Committee of the need to have the defendant reassigned from the Fugitive Calendar. (B) On being informed of the arrest or appearance of the defendant either as provided in (2)(A) or through other notification, the clerk shall promptly notify the Executive Committee of the need for an order directing the reassignment of the defendant. (3) Deferred Prosecution and the Fugitive Calendar. Whenever subsequent to the filling of an indictment or information the judge approves a deferred prosecution for one or more of the defendant in the case and the case is not to be dismissed until the completion of the period covered by the deferred prosecution, the judge shall transfer the case to the Executive Committee for reassignment to the Fugitive Calendar. Following successful completion of the conditions of deferred prosecution or where the United States Attorney indicates that the conditions have not been met and prosecution should be continued, the judge from whose calendar the case was reassigned shall notify the clerk of the need for an order of the Executive Committee reassigning the case from the Fugitive Calendar to the calendar of that judge. (4) Calendar call of the Fugitive Calendar. The Executive Committee may assign one or more judges for the purpose of making a periodic call of the cases on the Fugitive Calendar. The judge or judges assigned shall from time to time consult with the United States Attorney and the Attorney General to ascertain whether dismissals of particular criminal actions shall be deemed available. (c) Reassignments and Assignments of Cases to the Chief Judge and Senior Judges. From time to time the Executive Committee may assign cases to the chief judge or to any senior judge. Such assignments may be performed in any of the following ways: (1) The Executive Committee may direct the clerk to assign cases to the chief judge or to a senior judge in the same manner as cases are assigned to a regular active judge but limit the number of categories so assigned. (2) The Executive Committee may direct the clerk to include the name of the chief judge or senior judge in the assignment process of one or more assignment categories. In any order directing the assignment of new filings to the chief judge or a senior judge, the Executive Committee shall fix the frequency with which the name of the chief judge or senior judge shall appear in the process for the assignment category specified. The order shall also direct the clerk to assign cases in the assignment categories specified whenever that judge’s name appears. (3) The Executive Committee may, with the consent of the judge to whom such case or cases is assigned, direct that one or more cases be reassigned to the chief judge or to any senior judge. (4) Where a case is reassigned from a senior judge pursuant to 28 U.S.C. §294(b), the case shall be reassigned by lot to a regular active district judge. (d) Reassignment by Agreement. Where two or more judges agree that the reassignment of one or more cases to one of them will enable the case or cases to be more efficiently administered and will serve to save judicial time, the cases involved may be transferred to the Executive Committee with a request for such reassignment. The request shall indicate briefly the reasons for such reassignment and specify whether or not the judge receiving the case is to return any case or cases to the Committee for reassignment to the transferring judge. If the Committee finds that the reassignment will enable a more efficient administration of the cases, it may then order the reassignment. (e) Coordinated Pretrials in Complex Cases Not Involving Multi-District Litigation. The Executive Committee may determine that it would be in the best interests of efficient judicial administration to hold a coordinated pretrial proceeding in a group of cases which either (1) are not related within the meaning or LR40.4(a) or (2) are related within the meaning of LR40.4(a) but reassignment is not appropriate under LR40.4(b). Where such a determination is made, the Committee will designate a judge to hold such a proceeding. The cases shall remain on the calendars of the judges to whom they were assigned at the start of the coordinated proceeding and only matters specified in the order of coordination shall be brought before the designated judge. All judges affected by such a coordinated pretrial proceeding shall be notified by the clerk. (f) Recusals. (Amended July 7, 2000) (1) General Procedures. Except as otherwise provided in this section, whenever a case is transferred to the Executive Committee for reassignment following a recusal, the Committee shall direct the clerk to reassign the case by lot to a judge other than the judge who entered the recusal. A judge receiving a case on reassignment following a recusal shall promptly determine whether or not to enter a recusal. Where a recusal is entered, the judge shall promptly transfer the case back to the Committee which shall thereupon direct the clerk to reassign the case by lot to a judge other than those previously entering recusals. Where a recusal is not entered, the judge may transfer to the Committee for reassignment to the judge entering the initial recusal a case requiring a like amount of judicial effort for disposition. The Committee will reassign that case subject to verification that it will require like judicial effort. (2) Recusals with Equalization. Where the reason for the recusal is included in one of the categories specified in this subsection, the judge entering the recusal may request that in lieu of receiving a like case from the receiving judge, the recusal be made part of the calendar equalization set out in IOP11(b). The categories of recusals for which this procedure may be used are as follows: (A) cases in which a recusal is entered because a relative of the judge works for a law firm, or the U.S. Attorney’s Office, which represents or is one of the parties to the case; and (B) cases in which one of the parties is or was represented by a law firm with which the judge was associated within the previous five years. (C) cases in which the judge determines that a recusal is required because one of the parties was previously represented by the judge. (g) Calendar of Short Civil Trials. The calendar of short civil trials is a program intended to provide a list of cases that are ready for trial and where the trial is expected to take no more than five days. Cases on the list can be handled by visiting judges or by judges of the Court who as a result of unanticipated settlements find that they have available time to try a case. (1) The following definitions shall apply to section (g): (A) Judge: Any district judge of this Court on whose calendar there are civil cases pending. (B) Listing form: A form approved by the Executive Committee to be used by the assigned judge to effect the addition or removal of a case to or from the short civil trial calendar. (C) Ready for trial: A short civil trial case is ready for trial if (i) the final pretrial order has been entered and (ii) there are no unresolved pending motions other than motions in limine reserved for ruling at trial. (D) Requesting judge: A judge who requests a case from the short civil trial calendar or to whom such a case has been transferred but not reassigned. (E) Short civil trial case: A short civil trial case is a civil case that is ready for trial and it is estimated by the assigned judge at the time of entering the pretrial order that the trial will last no more than five days, including jury selection. (F) Short civil trial calendar: All cases in which a listing form has been received by the clerk that are still pending and available for reassignment to a requesting judge. (G) Short civil trial calendar judge: The chief judge, or a judge designated by the chief judge, will be the short civil trial calendar judge. The short civil trial calendar judge will be responsible for coordinating the trial of cases on the short civil trial calendar. (2) Any judge may place a short civil trial case on the short civil trial calendar by sending a completed listing form to the clerk. In order to assist the court in determining whether or not placing a case on the short civil trial calendar might be inappropriate, counsel will include in the final pretrial order form information concerning the anticipated circumstances of the trial that might impact scheduling. (3) On receiving the listing form, the clerk shall forthwith docket the form and notify counsel and parties of the docketing in the manner provided by Fed.R.Civ.P 77(d) for notice of orders or judgments. The clerk will include with the notice a reminder to parties of their right to consent to a reassignment of the case to the designated magistrate judge pursuant to 28 U.S.C. §636(c) and LR73.1(b). (4) Any judge, including any senior district judge or visiting judge designated to hold court in this District, who is available to try a short civil case may request such a trial from the short civil trial calendar judge. The short civil trial calendar judge will forward the earliest filed case on the short civil trial calendar that fits the available trial time of the requesting judge. Any case so selected will be transferred to the requesting judge for pretrial review. Such transfer will serve as authority for the requesting judge to act in the case as if the case had been reassigned, although the case will remain on the docket of the assigned judge. The case will be reassigned to the requesting judge for all purposes if it is settled by that judge, or if that judge starts a trial in the case. (5) If the requesting judge determines that a transferred case is not ready for trial, that judge will so inform the short civil trial calendar judge. The short civil trial calendar judge will so notify the assigned judge and may thereupon remove the case from the short civil trial calendar. (6) Nothing in this rule shall preclude the assigned judge from settling or trying a case the judge has listed on the short civil trial calendar. If the assigned judge is able to resolve the case, the judge will forward a completed listing form to the clerk. The clerk will notify the short civil trial calendar judge that the case is to be removed from the short civil trial calendar. (7) Motions brought in cases listed on the short civil trial calendar prior to its transfer to a requesting judge shall be heard by the assigned judge. Motions brought after the transfer but before the reassignment of the case to the requesting judge will be brought before the requesting judge. The requesting judge may thereupon send the motions to the assigned judge. (8) When a case is disposed of following a trial conducted by a requesting judge who routinely participates in the assignment of civil cases filed in the Eastern Division, then that judge shall receive equalization in the form of one skip in the assignment deck of the same category as that of the case closed. (h) Transfer of Motions by Agreement. A judge may with the agreement of the receiving judge transfer one or more pending motions to be ruled upon by the receiving judge without transferring the case. The transferring judge shall notify the Executive Committee of any transfer made under this rule. Such notice will be on a form approved by the Committee. Notice of any transfer under this rule shall be sent to the parties. The notice shall indicate the name of the receiving judge. Any motion challenging the transfer on grounds other than the recusal of the receiving judge will not be entertained. Any such motion shall be filed with the receiving judge. Any motion for rehearing of a ruling by the receiving judge shall be presented to the receiving judge. (i) Reassignment of Criminal Cases with Multiple Defendants. Except as provided by the Executive Committee’s order reassigning a criminal case with multiple defendants, the reassignment order shall include all defendants. (j) Other Reassignments and Transfers. If a case is reassigned from a judge who is temporarily not receiving cases pursuant to an order of the Executive Committee, the judge to whom the case is reassigned shall receive equalization in the form of one skip in the assignment deck of the category in which the case was initially assigned. If a case is transferred to the Executive Committee for any reason not otherwise provided for in local rules or the internal operating procedures and the Committee agrees that the case should be reassigned, it shall cause the case to be reassigned by lot. If the name of the transferring judge is drawn, another drawing shall be made. The judge who receives the case may transfer to the Committee a case or cases requiring a like amount of judicial effort to dispose of it or them, with the recommendation that it or they be reassigned to the calendar of the transferring judge. (k) Order of Reassignment. Where one or more cases are to be reassigned pursuant to LR40.4, LR40.5, or sections (a), (b), (c), (d), (f), or (i) of this IOP, the assigned judge shall complete the appropriate reassignment transfer form. If the assigned judge is no longer sitting, the clerk shall complete the form. The transfer form will be given to the clerk who shall promptly transmit it to the chief judge. The chief judge may on receipt of the form enter an order on behalf of the Executive Committee to review the requested reassignment at the next meeting. A case will be deemed reassigned following the docketing of the order of the Executive Committee directing its reassignment. Amended March 3, 2011; February 27, 2014; May 23, 2014; December 23, 2014	IOP 13. Reassignments and Transfers	IOP13. Reassignments and Transfers
14.	A judge may refer a civil case to the designated magistrate judge pursuant to LR72.1 and LCrR50.3(d). In such instances, the judge shall specify the duties being referred to the magistrate judge. Referrals should not be made for reports and recommendations on dispositive motions or trial/post-trial related matters, with the exception of motions for preliminary injunction and motions to enforce settlement if the assigned magistrate judge held the settlement conference. Amended May 31, 2011, June 27, 2018	IOP 14. Magistrate Judges: Referrals & Recusals	IOP14. Magistrate Judges: Referrals & Recusals
15.	(a) Referral to Bankruptcy Judges. Pursuant to 28 U.S.C. §157(a), any and all cases under Title 11 U.S.C. and any and all proceedings arising under Title 11 U.S.C. or arising in or related to any case under Title 11 U.S.C. are referred to the bankruptcy judges of this District. (b) Assignment by Lot. Except as provided by sections C, D, E and F of this rule, each of the following shall be assigned by lot to a district judge: (1) any motion (including a recommendation by a bankruptcy judge) for the withdrawal of the reference of a bankruptcy("B") case or proceeding pursuant to 28 U.S.C. §157(d); (2) any motion (including a recommendation by a bankruptcy judge) for the withdrawal of the reference of an adversary ("A") proceeding pursuant to 28 U.S.C. §157(d); (3) any report and recommendation of a bankruptcy judge in a non-core proceeding filed pursuant to 28 U.S.C. §157(c)(1); and Where assigned by lot, petitions for withdrawal of reference, appeals, motions for leave to appeal, and applications for writs shall be assigned using the Civil II assignment category and reports and recommendations using the Civil III assignment category. (c) Direct Assignment in Bankruptcy ("B") Cases. If in a bankruptcy ("B") case or set of related bankruptcy ("B") cases a report and recommendation referred to in (b)(3) is filed pursuant to the prior direction of a district judge, the report shall be assigned directly to the calendar of that judge. If in a contested matter within a bankruptcy ("B") case a motion for withdrawal of reference, or a report and recommendation, or an appeal, or a motion for leave to file an interlocutory appeal, or an application for a writ referred to in (b)(1) or (b)(2), respectively, is filed and a motion, report, appeal, motion for leave to file an interlocutory appeal, or application for a writ referred to in (b)(1) or (b)(2), was previously filed in the same contested matter and assigned by lot to a district judge, then the subsequent motion, report, appeal, motion for leave to file an interlocutory appeal, or application for a writ shall be assigned directly to the calendar of that judge. (d) Direct Assignment in Adversary ("A") Proceeding. If in an adversary ("A") proceeding a motion for withdrawal of reference, or a report and recommendation, or an appeal or a motion for leave to file an interlocutory appeal, or application for a writ referred to in (b)(1) or (b)(2), respectively, is filed and a motion, report, appeal, motion for leave to file an interlocutory appeal, or application for a writ referred to in (b)(1) or (b)(2) was previously filed in the same adversary ("A") proceeding and assigned by lot to a district judge, then the subsequent motion, report, appeal or motion for leave to file an interlocutory appeal, or application for a writ to be assigned shall be assigned directly to the calendar of that judge. (e) Direct Assignment Following Remand. If in any bankruptcy ("B") case or in any adversary ("A") proceeding a district judge enters an order, opinion, or memorandum remanding a matter before that judge to the bankruptcy court for further proceedings, then any subsequent motion, report, motion for leave to file an interlocutory appeal, or application for a writ with respect to the matter remanded shall be assigned directly to the calendar of that judge. (f) Relatedness. Where matters in the underlying bankruptcy case, or adversary proceedings associated with the underlying proceedings, or non-core proceedings associated with the underlying proceedings are pending on the calendars of two or more district judges, motions for relatedness may be filed to have the matters assigned to the calendar of one judge. The standards and procedures established by LR40.4 shall apply to such motions. For the purpose of determining the judge before whom such motion for relatedness should be filed, the term "lowest-numbered pending case" as used in LR40.4 shall refer to the petition initiating the bankruptcy case, the adversary proceeding, or the non-core proceeding with the earliest date and time of the filing with the bankruptcy clerk. The motion for relatedness shall include a listing of the dates and times of filing of each of the matters which movant is asking to be found related. Where a case is reassigned as related, it shall be treated on the same manner as a reassignment for relatedness pursuant to LR40.4 for the purposes of the equalization provisions of IOP11(b). (g) Designation Sheet. The person filing the petition for withdrawal of reference, report and recommendation, appeal, motion for leave to appeal, or application for a writ shall complete the designation sheet required by LR3.1 and shall include on the sheet a list of any associated bankruptcy cases, adversary proceedings, non-core proceedings, appeals or motions for leave to appeal, or application for a writ from such proceedings previously assigned to one or more district judges.	IOP 15. Bankruptcy Matters	IOP15. Bankruptcy Matters
16.	(a) Applicability of Procedures. These procedures expand upon the provisions of LR40.1(g). They apply only to the formation of the initial calendar of a new judge designated to sit in the Eastern Division. They are intended to assure that the initial calendar is a reasonable cross-section of the calendars of all of the judges in the Division. The exception to this goal is that no criminal cases shall be reassigned as part of the initial calendar. Instead, an additional number of civil cases equivalent to the number of criminal cases that would have been assigned shall be reassigned as part of the initial calendar. The incoming judge will be added to the Court's criminal case assignment system ninety (90) days from the entry of the initial calendar reassignment order so that the judge shall thereafter receive a full share of such cases. Should the incoming judge be a current Assistant United States Attorney, the judge will be added to the criminal case assignment system after 12 months. (b) Number of Participating Judges. In general each regular active judge on full assignment participates in the reassignment of cases to form an initial calendar for any newly appointed judge to the extent of one share. The chief judge and each participating senior judge participate to the extent of one share weighted by the proportion of new civil filings that judge currently receives. The chief judge routinely participates both in the reassignment of cases to form new calendars and in receiving cases reassigned when the calendar of another judge is eliminated or reduced. Usually, senior judges participate in the reassignment of cases to form new calendars only if (1) they are currently receiving a share of new filings and (2) they agree to receive reassignments in those instances where the calendar of another judge is eliminated or reduced. The Executive Committee will determine the participation of senior judges who are not currently receiving a share of new filings. For the purposes of these procedures, a senior judge is considered to be currently participating in the assignment of new cases unless there has been an order entered directing that the judge receive no new cases until further order of court. The total of the number of participating judges receiving a full share of new civil cases plus the total of the weighted shares of those participating judges receiving less than a full share of new civil cases shall constitute the total participating judge equivalencies. (c) Number of Pending Cases. The class value for the total number of cases to be reassigned to form the new calendar is the adjusted number of pending cases divided by the total participating judge equivalencies. The Executive Committee initiates the process by selecting the date on which the count of cases will be based. For the process of creating an initial calendar, the adjusted number of pending cases on calendars of regular active judges will be the total number of civil and criminal cases reported as pending on the calendars of the participating judges on the date selected by the Executive Committee including any pending petitions for leave to proceed in forma pauperis, but net of any higher-numbered related cases or cases assigned to a multidistrict litigation ("MDL") docket. Pending cases filed by persons in custody that are directly assigned pursuant to LR40.3(b) are to be treated as a related set. The adjusted number of pending cases for the chief judge and participating senior judges will be determined in the same manner as regular active judges but may be weighted to reflect lower participation in the assignment of new cases. The Case Management and Electronic Case Filing System ("CM/ECF") will serve as the source for information on the pending cases. The clerk will instruct the courtroom deputies assigned to the participating judge to submit a list of related cases shortly before the reassignment process is started. Failure to identify a case as a higher-numbered related case results in its remaining on the list used to select primary and secondary lists. Where it is subsequently discovered that a case on the primary or secondary list was a higher-numbered related case, it is removed from the list. The related set is not reassigned in such circumstances. If the case appeared on the primary list, the appropriate substitution from the secondary list is made. Cases pending before the chief judge and any of the senior judges participating are weighted on the basis of whether or not such judge retained his or her calendar on changing judicial status, i.e., on becoming chief judge or taking senior status, and the extent of such judge's current participation in the assignment of new cases. The weighting is fixed as follows: (1) each case is given a weight on 1.0, i.e., counted in full, under the following conditions: (A) civil cases where the judge disposed of a substantial proportion of his or her civil calendar on changing judicial status; and (B) criminal cases where the judge disposed of a substantial proportion of his or her criminal calendar on changing judicial status and the judge is currently receiving new criminal cases, or where the judge retained his or her pending criminal cases on changing judicial status but the judge is not currently receiving new criminal cases. (2) each case is given a weight equivalent to the current rate at which the judge participates in the assignment of new cases under the following conditions: (A) civil cases where the judge retained his or her calendar and the judge is currently receiving new civil cases; and (B) criminal cases where the judge retained his or her calendar of pending criminal cases on changing judicial status and the judge is receiving new criminal cases. The adjusted total number of cases pending before the participating regular active judges on full assignment and the weighted total of the number of cases pending before the chief judge and senior judges is the final adjusted grand total. The adjusted total number of judges participating in the process is the sum of the number of participating regular active judges on full assignment, plus the number of new judges for whom initial calendars are to be formed, plus a weighted total for the chief judge and participating senior judges, where the weight applied to each is that at which they are currently participating in the assignment of new civil cases. The class calendar size is derived by dividing the adjusted grand total of cases pending by the adjusted total number of judges participating. (d) Number of Cases to be Reassigned from Each Judge. The number of cases to be reassigned from each judge is calculated by dividing the class calendar by the sum of the number of participating regular active judges on full assignment plus the assignment equivalencies for the chief judge and participating judges. The result is rounded to the nearest integer. (e) Primary & Secondary Lists. The actual selection process is performed by a computer program. The following is a description of the steps involved: (1) A calendar list is prepared for each participating judge. The list contains the case numbers and short title of all of the civil cases other than MDL cases pending on that judge's calendar. Higher-numbered related cases are included on the list, but only for the purpose of identifying any cases associated with the lower-numbered lead case. Each related set is counted as one case for the purpose of the selection process. (2) The case numbers are sorted so that they are listed in case number order with the oldest case, i.e., earliest case number, first. (3) Cases that have previously been reassigned two or more times for any reason other than recusal, and cases that are motions to reduce sentence filed pursuant to 28 U.S.C. §2255 are included on the list in the position determined by their age and in the count of cases. However, such cases are flagged so that the computer can identify them as cases not to be reassigned. (4) The total, T, of the cases on the calendar list net of higher-numbered related cases is calculated. (5) An interval number, I, is computed by dividing T by the number of cases to be reassigned from the calendar ("R"). As T/R will rarely result in an integer and the interval must be an integer, only the integer portion of T/R is taken. (6) A primary start number, S1, is randomly selected from the set of numbers 1,2,3,...,(I-2),(I-1),I. The random number generator used to select S1 is such that each number in the set has an equal chance of being selected. (7) The primary lists consists of the S1th case, the ( S1 + I)th case, the ( S1 + 2I)th case, the ( S1 + 3I)th case,..., and the [ S1 + (R-1)I]th case, provided that if a flagged case is selected, e.g., one that was previously reassigned two or more times to form an initial calendar, the next lower-numbered case is then substituted. The computer keeps track of the cases so selected and flags them as they are selected. (8) A secondary start number, S2, is selected in the same manner as the primary start number, except that it must be a number other than the primary start number. (9) The secondary list is selected in a manner similar to that used to select the primary list. (10) If as part of the process of forming either the primary or the secondary list the case selected is a flagged case, e.g., a case previously reassigned two or more times as part of the formation of an initial calendar, the next lower-numbered unflagged case is selected. Should there be no lower-numbered unflagged case, the next higher-numbered unflagged case is selected. (f) Review of Primary& Secondary Lists. The primary and secondary lists are sent to each of the participating judges. The cases on the primary list are those cases to be reassigned to form the initial calendar of the new judge. However, a case may be withheld from the primary list under certain circumstances. Where a case is to be withheld, the case on the secondary list with the case number closest to that of the case to be withheld will be substituted. As the reasons for withholding apply to cases on both lists, both should be reviewed by the judge. Cases may be withheld from reassignment only if they meet one or more of the following conditions: (1) the case is closed and the J.S. 6 statistical closing form has been received by the central Clerk's Office; (2) the case has been reassigned to the calendar of another judge; (3) the trial has started or has been completed; (4) the case was remanded with instructions for action by the judge on whose calendar the case is pending at the time of the reassignment to form a new calendar; (5) the case is found not to meet the criteria for inclusion in the pool of cases used to prepare the primary and secondary lists (e.g., the case is part of an MDL, the proceeding is not statistically reportable as a civil case). In instances where a case is to be reassigned to a magistrate judge on consent of the parties, the case will be withheld from reassignment to the initial calendar only where the case has been transferred to the Executive Committee by the district judge from whose calendar the case is to be reassigned before the entry of the general order of reassignment. In addition, where the new judge is coming from private practice or a position with an organization or agency that might have filed cases in this Court, a search will be made of CM/ECF records to identify all cases that the law firm, organization, or agency has pending before the Court. These cases are flagged and are skipped during the process of selecting cases for the primary and secondary lists in the same manner as higher-numbered related cases. (g) Review of Substitutions. Whenever a case from the secondary list is to be substituted for a case on the primary list because the latter is to be withheld, the judge will indicate the reason the case is to be withheld. The Executive Committee shall decide whether or not a case is to be withheld in instances where it is unclear whether the reason given for withholding the case satisfies one or more of the conditions included in sections (e) and (f). (h) Closed Cases. Where a case selected for reassignment is closed before it is reassigned to the initial calendar, the case with the closest case number on the secondary list is substituted for the closed case. Closings taking place after the date the cases have actually been reassigned are credited to the calendar of the new judge regardless of which judge closed the case and no substitutions are to be made for the case. For the purposes of this section a case is considered closed when a J.S. 6 statistical reporting form indicating that the date of closing was prior to the date the new judge took office is received by the central Clerk's Office within a week of the date of closing. (i) Recusals by New Judge. Recusals in cases assigned to a judge as part of an initial calendar will be reassigned to the calendar of the judge from which it was reassigned. That judge may transfer to the Executive Committee for reassignment to the recusing judge a case requiring a like amount of judicial effort for disposition. Committee Comment. In a large multi-judge trial court that uses the random assignment process, the formation of the initial calendar of a new judge is a vital part of that process. Over the years the Court has adopted procedures that have steadily increased the randomness of the process. IOP16 and the Comment are based on these procedures. Because of the complexity of IOP16, the Comment is long. It has been broken into sections, each designated to correspond to the section of IOP16 being discussed. (a) Applicability of Procedures. IOP16 is intended to provide a new judge with a calendar that is an average of that pending before the other judges. It applies only to the Eastern Division because currently there is only one regular active judge assigned to the Western Division. Under these procedures cases are reassigned from the calendars of the sitting judges to form the initial calendar of the new judge. The process is timed so that the new calendar is ready when the newly appointed district judge enters on duty. Pursuant to LR40.1(b) "[t]he assignment of cases to calendars and judges and the preparation of calendars and supplements thereto shall be done solely under the direction of the Executive Committee by the clerk or a deputy clerk who is designated by the clerk as an assignment clerk." It is the usual practice for the Executive Committee to enter one order setting the process in motion and a second, following the selection, that specifies the cases to be reassigned to form the initial calendar. Any set of procedures used to create a new calendar by reassigning cases from existing calendars has to provide for (1) the total number of cases to be reassigned, (2) the number of cases to be reassigned from each of the participating calendars, (3) the method of choice, (4) criteria for exempting cases falling within specified statuses prior to the actual reassignment, and (5) provisions for handling the need to make adjustments following the actual reassignment. Practical considerations call for the elimination of cases falling within certain statuses. For example, it makes little sense to reassign a case that has been tried or a criminal case in which a guilty plea has been entered. The procedures provide for withholding cases in a limited number of such statuses. (b) Number of Participating Judges. For the purposes of these procedures, a judge who is not receiving cases due to the periodic calendar adjustment program (See IOP18) is treated as a regular active judge on full assignment. Similarly, a senior judge may participate in new civil assignments to the extent of a three-quarter share which is received through the judge getting a full share during nine months of the year and no new cases for the remaining three months of the year. This judge would be considered currently on assignment for the purpose of participating in the reassignment to form a new calendar even if not actually receiving cases at the time, provided that the order taking the judge's name off the wheel indicated that it was for a set period and the name would be returned at the end of that period. The following is an example of calculating the number of participating judge equivalents. 20 active judges participate in the process. Of these 17 are regular active judges on full assignment, one is a senior judge receiving a full share of civil cases, one is the chief judge receiving a one-half share of new civil cases, and one is a senior judge, also receiving a one-half share of new civil filings. The 17 regular active judges on full assignment and the senior judge receiving a full share of new civil cases each count as 1 participating judge equivalent. The chief judge and the senior judge receiving a one-half share of new civil filings each count as ½ of a participating judge equivalent. The 20 judges thus total 19 participating judge equivalencies, i.e., 17+1+½+½. (c) Number of Pending Cases. In order to arrive at an average calendar size, some adjustments need to be made to the total number of cases pending. The most obvious adjustment involves related cases. A condition for reassigning cases as related required by LR40.4(b) is that "the handling of both cases by the same judge is likely to result in a substantial saving of judicial time and effort," Accordingly, the Court has determined that each set of related cases should be treated as one case for the purpose of forming an initial calendar. In order that a related set have the same chance of reassignment as any other case, only the lowest-numbered case in the set is included in the totals and in the list from which cases are picked. If the lowest-numbered case in the set is selected, all of the cases in the set are reassigned. It is not unusual to discover that two or more of the cases in a related set were inadvertently included in the calendar list without the higher-numbered cases being flagged. This makes the likelihood that a related set will be selected greater than if the lowest-numbered case in the set is the only one listed. Where this has occurred and it is discovered that the higher-numbered case was selected for a primary or secondary list, the related set is not reassigned. A substitute is selected in a manner similar to that used where a case that is selected is closed before the reassignment. Where two or more case filed by a person in custody are pending on a judge's calendar and one or more of them was directly assigned to a judge's calendar pursuant to LR40.3(b), the cases are treated as a related set. Under the standards governing case statistics approved by the Judicial Conference of the United States a petition for leave to proceed in forma pauperis is not counted as a case. Such a petition is counted as a case for the purposes of selecting an initial calendar. Cases on MDL dockets are not included in the formation of an initial calendar because the handling of such a docket involves a degree of choice on the part of the judge. Traditionally, the regular docket reports circulated among the judges have separated MDL dockets from other civil cases. The weight accorded the pending cases of the chief or a senior judge is adjusted based on both the level of that judge's participation in new case assignments and the action that judge took with respect to his or her pending calendar at the time that judge became the chief or a senior judge. It is common practice for judges to reduce the size of their pending calendar on becoming chief judge or taking senior status by an amount equal to the rate at which they will participate in new assignments. For example, the chief judge generally receive a one-half share of new civil cases. It is common practice for a judge who becomes the chief judge to reduce his or her pending calendar by one-half on assuming the office of chief judge. Experience has shown that over time the number of cases processed by a judge correlates more strongly with the number of cases assigned to than the number pending before that judge. Accordingly, an adjustment is made to the calendars of the chief and participating senior judges that weighs each of their pending caseloads based on their current participation in the assignment process. For example, assume that initial calendars are to be created for two new judges from cases pending on the calendars of 17 regular active judges on full assignment in the Eastern Division, the chief judge, and two senior judges. Assume that the chief judge disposed of part of his calendar on becoming chief judge and receives a one-half share of civil case assignments and no criminal case assignments, that senior judge A retained her calendar on taking senior status and receives a full share of new civil case assignments and no criminal case assignments, and that senior judge B disposed of part of his calendar on taking senior status and receives a one-half share of civil case assignments and no criminal case assignments. If the adjusted total number of civil and criminal cases pending before seventeen regular active judges on full assignment at the end the month selected were 5,974, and 451 of these were higher-numbered related cases, the preliminary adjusted grand total would be 5,974 less 451 or 5,523. Assume that the chief judge has a pending civil calendar of 150 cases of which 10 were higher-numbered related cases, and that senior judges A and B have pending civil calendars of 250 and 130 cases of which 19 and 10, respectively, were, higher-numbered related cases. The preliminary grand total would be adjusted by adding 140, i.e, 150 less 10, to take the chief judge's participation into account plus 351, i.e., 380 less 29, for senior judges A and B, resulting in a final grand total of 6,014, i.e., 5,523 plus 491. The adjusted number of participating judges is 21, i.e., 17 for the regular active judges on full assignment, plus ½ each for the chief judge and senior judge B, plus 1 for senior judge A, plus 2 for the new judges. The class calendar would be 6,014 divided by 21, or 286.38. (d) Number of Cases to be Reassigned from Each Judge. In the example given above, the class calendar was 286.38 and the adjusted number of participating judges was 21. Of these two represented the new judge. Therefore, there were 19 judge equivalencies from whose calendars cases were to be reassigned. participating judge equivalencies other than the two new judges. 15 cases would be reassigned from the calendar of each judge on full assignment (286.93 divided by 19 equals 15.10. 15.10 rounded to the nearest integer is 15.) 7 cases would be reassigned from the calendar of the chief judge and a further 7 from the calendar of senior judge B as each receives a one-half share of new civil assignments. The total number of cases to be reassigned would be 284, i.e., 15 for each of the 17 regular active judges on full assignment, 7 for the chief judge, 15 for senior judge A, and 7 for senior judge B. (e) Primary & Secondary Lists. Two sets of cases are selected from the each judge's list of pending cases. The first set forms the primary lists and the second the secondary list. The selection process is a form of stratified random selection process that selects the cases randomly but evenly spaced. In this way the initial calendar has a mix of cases by age that is the average for the Court. (The case number, the variable used to arrange the cases on the calendar list, is an accurate indicator of case age.) The primary list is the list of cases intended to go to the new calendar. Experience has shown that there are always a small number of cases that for a variety of reasons--all specified in these procedures--should not be reassigned as part of an initial calendar. Accordingly, a secondary list is prepared using the same procedures as used to create the primary list. If a case on the primary list cannot be reassigned, then the case on the secondary list with the closest case number is substituted. (For purposes of these procedures the string of case numbers is assumed to be continuous so that the number following the last one assigned in year x is the first case number in year (x+1). This is rarely of importance where a new case is involved, the most likely situation as the process results in many relatively new cases being selected for reassignment. Where the "closest case number" involves an old case, however, the single number sequence approach provides a fair and uniform manner for determining which of two old cases should be substituted.) Subsection (e)(3) mentions two categories of cases which are included on the list and counted, but are not to be reassigned. These are motions to reduce sentence filed pursuant to 28 U.S.C. §2255 and cases that have previously been reassigned two or more times to form an initial calendar. §2255 motions are given a civil case number but are part of an underlying criminal proceeding. As the motions are assigned to the sentencing judge, reassignment is inappropriate. The restriction of the number of times a case can be reassigned to form an initial calendar is a compromise between the goal of providing the new judge with a calendar which is an accurately reflection of an average calendar and the need to keep disruptive reassignments to a minimum. Experience showed that without such a limit a large proportion of the oldest cases being reassigned had been reassigned more than three times to make up an individual calendar system. The Court agreed to limit the number of such reassignments to two per case. Subsections (e)(5) and (e)(6) establish the mechanism used to select cases. First an interval number, I, is selected. If the case count of a judge's calendar list is 293 and the judge is reassign 15 cases, then I will be 19. A start number, S, is randomly selected from the numbers 1,2,3,…,17,18,19. Assume that 11 was selected as S. Then the 11th and every 19th case thereafter will be picked from the calendar list. The last case will be the 277th. Because the interval number will rarely be an integer, there is a residual block of cases that has no chance of being selected. In the example given above, the 286th through the 293rd cases on the list have not chance of being selected. By definition this block of cases that have no chance of being selected must contain fewer than R cases. Furthermore, because of the way in which the selection process operates, the cases in this block are always the most recently filed cases on the calendar list. (f) Review of Primary & Secondary Lists. The criteria for cases that may be withheld from reassignment are quite specific. The conditions specified for each category must exist. Potentially meeting the conditions is not sufficient. For example, the parties may indicate to the judge that the case will settle shortly. However, it can be withheld as closed only when there is a closing order and a J.S. 6 has been filed in the central Clerk's Office. The reassignment of cases filed by the law firm or organization with which the new judge was recently associated would result in subsequent reassignments when the new judge entered recusals. For this reason they are, to the extent possible, identified and flagged as not to be reassigned. (g) Review of Substitutions. The procedure makes explicit that the Executive Committee has reviewing authority over any substitutions proposed by a judge. (h) Closed Cases. The process of creating calendars takes time. As a result, it is not unusual for some of the cases selected for reassignment to be closed by the judge from whom they are to be reassigned prior to the time of the reassignment. In such instances the case from the secondary list with the closest case number will be substituted for the closed case. As with subsection (f)(1), for a case to be considered closed under this section, the J.S. 6 statistical reporting form must have been received by the central Clerk's Office prior to the date of the reassignment or the date on which the new judge takes office, whichever is later. (i) Recusals by New Judge. Where the new judge enters a recusal in a case reassigned to form that judge's initial calendar, it is reassigned to the judge from whose calendar it came. This minimizes the disruption to parties. The judge receiving the case is authorized to send to the Executive Committee for reassignment to the new judge a case requiring similar judicial effort. Amended May 23, 2014, 11/06/2019	IOP 16. Initial Calendar for New District Judge	IOP16. Initial Calendar for New District Judge
17.	(a) General; Applicability of IOP16. An initial calendar shall be prepared under the direction of the Executive Committee for any newly-appointed magistrate judge. The calendar shall consist of referrals in civil cases made pursuant to LR72.1 and IOP14 and civil cases reassigned on consent pursuant to LR73.1. No referrals in criminal cases or criminal cases assigned to a magistrate judge shall be included in an initial calendar. Except as provided in section (b), the provisions of IOP16 shall be followed in preparing the initial calendar for a magistrate judge. Referrals and cases reassigned on consent shall be treated as two separate categories and separate target numbers and primary and secondary lists shall be prepared for each category. For the purpose of preparing the initial calendar for a magistrate judge, references to a regular active judge in IOP16 shall be taken to mean sitting magistrate judge. Referrals in criminal cases shall be included in the count of cases used to determine the target value for the number of civil referrals to be reassigned to form the initial calendar. Similarly, criminal cases assigned to magistrate judges will be included in the count used to determine the target value for the number of consent cases to be reassigned to form the initial calendar. (b) Equalization and Initial Calendar Formation. The Executive Committee may use the formation of an initial calendar to equalize disparities in the calendars of magistrate judges. In the order directing the formation of an initial calendar for a magistrate judge the Executive Committee may direct that any of the following methods of determining the extent to which sitting magistrate judges may participate in the reassignment be used in lieu of the equal share participation rate established by IOP16: (1) the participation may be limited to the magistrate judges most in need of equalization; or (2) the participation may be based on the proportions of pending referrals or reassignments on consent rather than equal shares; or (3) the participation may be based on the proportion of referrals or reassignments on consent received over a specified time period rather than pending numbers; or (4) the participation may be based on such other method as the Executive Committee directs in order to achieve equalization of calendars among the magistrate judges. Regardless of the method used, the referrals and cases to be reassigned will be selected from the calendars of the participating magistrate judges by lot in accordance with the procedures set out in IOP16. Committee Comment. The calendar of a magistrate judge differs from that of a district judge in an important way. The calendar of a magistrate judge includes both referrals and cases reassigned on consent. The jurisdictional status of the latter is like that of the cases on the calendars of the district judges. The referrals, however, are simultaneously on the calendars of both a district and a magistrate judge. Accordingly, for the purpose of forming an initial calendar for a magistrate judge, the Court requires that referrals and reassignments on consent be kept separate. The initial calendar for the new magistrate judge will, therefore, involve two reassignment processes: one to select the referrals and the other to select the cases reassigned on consent. There is another area in which the assignment of cases and referral of matters to magistrate judges differs from the assignment of new cases to regular active district judges. The system of assigning cases to district judges is designed to assure that each regular active judge receives the same number of new cases over time as each of the other regular active judges. Each magistrate judge in the Eastern Division is designated an equal number of times. However, a designation is a potential referral or reassignment on consent, not an actual referral or reassignment. Whether or not a case is referred is a result of many factors, case complexity and the calendar management style of the referring district judge, being just two of the more obvious. As a result, there often arises a significant variance among the magistrate judges in the numbers of referrals they receive. As civil consent cases frequently arise out of referrals, a similar variance occurs in the reassignment of cases on consent. The formation of an initial calendar for a newly appointed magistrate judge provides and opportunity for the Court to address any calendar imbalances that have arisen among the magistrate judges because of variances in referral and reassignment rates. The default method of preparing an initial calendar is to use the procedures of IOP16 , i.e., the same system as that used to create the initial calendar of a new district judge. Under that system each magistrate judge would participate equally in the formation of the initial calendar. However, section (b) provides that the Executive Committee may depart from the equal participation approach of IOP16 and use the process of forming the initial calendar to equalize existing calendars. This may be done in one of four ways: (i) the participation may be limited to the magistrate judges most in need of equalization; or (ii) the participation may be based on the proportions of pending referrals or reassignments on consent rather than equal shares; or (iii) the participation may be based on the proportion of referrals or reassignments on consent received over a specified time period rather than pending numbers. The fourth alternative is simply a catch-all: "or by such other method as the Executive Committee directs in order to achieve equalization of calendars among the magistrate judges." Amended March 22, 2019	IOP 17. Initial Calendar for New Magistrate Judge	IOP17. Initial Calendar for New Magistrate Judge
18.	(a) Participation. In order to participate in the program, a judge of the District must meet the following criteria: (1) The judge is a regular active judge. (2) The official duty station of the judge is Chicago. (3) The judge entered on duty a minimum of 60 months preceding the months during which the judge is to be removed from the assignment process as part of the program. (4) Where 2 or more judges are eligible to be removed from the assignment process under these procedures, they may agree to exchange scheduled adjustment periods for which they have been scheduled provided each of the judges is eligible to serve in the exchanged period. (b) Order of Judges Within a Cycle. Each year the Executive Committee will enter an order directing the clerk to remove judges from the assignment process for periods of 3 months. Each such order will establish a cycle of four periods. The order of participation in each cycle will be based on the following criteria: (1) Judges who have not previously participated in the calendar adjustment program shall be scheduled for the first period after they have met the eligibility criteria established in section (a) above. (2) If two or more judges who have not previously participated are eligible for the same period, the order of their participation shall be based on seniority. (3) The order of judges’ names for any remaining periods in a cycle will be based on the length of time since their last participation in the calendar adjustment program; i.e., the judge with the longest such interval will be assigned to the first available period. (c) Sequence of Name Confidential. In order to permit the judges to plan to take best advantage of the opportunities offered by the program, a tentative list for 3 years will be issued to each judge at the time a copy of the order implementing the current periods is adopted. However, because knowledge that a judge may be removed from the assignment process might be used to permit judge shopping, the sequence should not be publicized. (d) Exchanges of Periods. If 2 or more judges tentatively scheduled for the next year agree to change periods with other eligible judges as provided by subsection (a)(4), those involved should notify the chief judge so that the Executive Committee order can incorporate the agreement. (e) Emergency Judge Schedule. Where a judge’s emergency judge period would fall in a period during which the judge is scheduled to be removed from the assignment process under these procedures, the emergency judge assignment will be delayed to the next emergency judge period that falls outside of the non-assignment period. Committee Comment. The essence of the periodic calendar readjustment program is that a judge is taken off the assignment wheel for a period of three months after having an aggregate of at least four years on the assignment wheel. The program is designed to give each judge a three month period approximately every four years where the judge can schedule matters without the pressure of monitoring new cases and the work associated with new cases such as petitions for preliminary injunctions. The program only applies to the Eastern Division. In general, it has the effect of having one fewer judge on assignment at any point in time. Given that there are 21 judgeships authorized for that Division plus the active senior judges, the share of new cases of one judge divided among the remaining judges results in several additional cases per month for each of the others. The judges have agreed that the scheduling convenience permitted by the program outweighs the small increase in new assignments each receives when not off the wheel. The program was initially adopted at the judges’ meeting of 13 April 1989. It was subsequently amended at the judge’s meetings of 17 April 1995, June 29, 2000, and September 25, 2001.	IOP 18. Periodic Calendar Adjustment Program (District Judges)	IOP18. Periodic Calendar Adjustment Program (District Judges)
19.	(a) Introduction. The periodic calendar adjustment program for magistrate judges provides for a magistrate judge not to receive new referrals in civil or criminal cases, new civil cases reassigned on consent of the parties, or new criminal misdemeanor cases for a period of three months after five years of service. (b) Participation. In order to participate in the program, a magistrate judge of the District must meet the following criteria: (1) The magistrate judge is a full-time magistrate judge. (2) The magistrate judge has not previously participated in the program and entered on duty sixty months preceding the months during which the magistrate judge is to be removed from the assignment process as part of the program. (3) The magistrate judge has previously participated in the program and an aggregate of fifty-one months (forty-eight months plus the three months of the previous adjustment period) has elapsed from the date the magistrate judge was last eligible to participate in the program. (4) Where two or more magistrate judges are eligible to be removed from the assignment process under these procedures, the magistrate judge who has previously been removed the fewest times under this program will be scheduled first. Where two or more magistrate judges are eligible to be removed from the assignment process under these procedures and each was previously removed the same number of times, the most senior magistrate judge will be scheduled first. (5) Where two or more magistrate judges are eligible to be removed from the assignment process under these procedures, they may agree to exchange scheduled adjustment periods for which they have been scheduled in accordance with (4) above provided each of the magistrate judges is eligible to serve in the exchanged period. (6) A magistrate judge may request to be removed from the assignment process during a period later than that for which the magistrate judge would be scheduled under these procedures provided that no magistrate judge is eligible for that later period. (c) Order of Magistrate Judges Within Cycle. From time to time, the Executive Committee will enter an order directing the clerk to remove magistrate judges from the assignment process for periods of three months. The first magistrate judge to be removed shall be the most senior magistrate judge who meets the criteria set out in (b) above. The second magistrate judge to be removed shall be the next most senior magistrate judge meeting the criteria, etc. (d) Sequence of Magistrate Judge Name Confidential. In order to permit the magistrate judges to plan to take best advantage of the opportunities offered by the program, a tentative list for three years will be issued to each magistrate judge at the time a copy of the order implementing the current periods is adopted. However, because knowledge that a magistrate judge may be removed from the assignment process might be used to permit magistrate judge shopping, the sequence should not be publicized. (e) Order of Executive Committee. The Executive Committee will enter an order annually covering the next four periods. If two or more magistrate judges tentatively scheduled for the next year agree to change periods with other eligible magistrate judges as provided by (b)(6) above, those involved should notify the Chief Judge so that the order can incorporate the agreement. (f) Conflicts Between Sabbatical and Magistrate Judge Assignment Cycles. A magistrate judge shall not serve as emergency magistrate judge, duty magistrate judge or federal enclave magistrate judge during a period when he or she is participating in the calendar adjustment program. (g) Referrals and Reassignments on Consent Where the Designated Magistrate Judge is on Sabbatical. Except as provided for in section (h) below, during periods when a magistrate judge is participating in the calendar adjustment program, referrals and reassignments in cases where the magistrate judges has been designated pursuant to LR72.1 shall be randomly referred or reassigned to another magistrate judge. The magistrate judge who receives a referral or case as provided for by this section shall become the designated magistrate judge in that case. (h) Subsequent Referrals and Reassignments on Consent in Cases with Pending Referrals. Where a referral is pending in a case before a designated magistrate judge and either the case is to be reassigned on consent or a subsequent referral is to be made in that case during the period when the magistrate judge is participating in the calendar adjustment program, the reassignment or referral shall be made to that magistrate judge. Similarly, where a referral is pending before a designated magistrate judge in one or more cases in a related set of cases and a referral is to be made in another case that is part of the related set during the period when the magistrate judge is participating in the calendar adjustment program, the referral shall be made to that magistrate judge. (i) Continuation of Designation at Filing. A magistrate judge who is participating in the periodic calendar adjustment program shall not be removed from the designation cycle provided for by LR72.1. (Adopted October 13, 2004 and March 22, 2019)	IOP 19. Periodic Calendar Adjustment Program (Magistrate Judges)	IOP19. Periodic Calendar Adjustment Program (Magistrate Judges)
20.	(a) Notice of Availability. Whenever a civil action is filed in this District, the clerk must notify the parties of the availability of a magistrate judge to exercise jurisdiction. See LR 73.1(b). (b) Party Added After Consent Occurs. Whenever a party is added to a case after the case has been transferred to a magistrate judge on consent, the clerk will inform the additional party of the availability of a magistrate judge to exercise jurisdiction. If the additional party does not consent to proceed before a magistrate judge within 30 days of appearance, the magistrate judge will transfer the case to the calendar of the district judge to whom the case was previously assigned. See LR 73.1(f). (c) Joint Statements of Consent. Parties shall consent to proceed before a magistrate judge by filing a joint statement of consent. See LR 73.1(c). Amended May 26, 2006 and October 20, 2021	IOP 20. Consents to Proceed Before a Magistrate Judge	IOP20. Consents to Proceed Before a Magistrate Judge
23	Reserved	IOP 23 through IOP 24.	IOP23 through IOP24.
25.	(a) Designation of the Emergency Judge. At all times there shall be at least one judge of the Court assigned to act as emergency judge and perform the duties specified in LR77.2. The emergency judge shall be a regular active judge of the Court other than the chief judge or a judge whose duty station is outside the Eastern Division, provided that the chief judge may designate a senior judge to serve as emergency judge if such senior judge consents. No judge shall serve as emergency judge within the six months immediately after taking the oath of office. The chief judge may also serve as emergency judge. There shall be two cycles for designating emergency judges: one for service during the summer sessions and the other for the balance of the year. Judges shall serve as emergency judge in order of seniority. No judge shall serve a second monthly term until all eligible judges have served a monthly term, nor shall any judge serve a second two week term until all eligible judges have served a two week term. The clerk shall maintain a record of the emergency judge periods served by each judge. (b)Terms of Service. The term of service of an emergency judge shall start at 12:01 A.M. on Monday and end at midnight on the Sunday immediately preceding the Monday starting the next term of service. The length of service shall be as follows: (1) during the summer sessions, i.e., the fourteen week period beginning the first Monday in June, the term shall be two weeks; and (2) during the balance of the year, the term shall be for one month starting with the first Monday of each month, provided that if the first Monday in September falls in the summer session, the September terms of service shall start with the second Monday in September. (c) Preliminary Assignment Schedules. By 1 April of each year the clerk shall prepare and circulate among the judges preliminary schedules of emergency judges: one for the summer sessions of that year and one covering the service periods from the end of that summer sessions to the start of the next summer sessions. In preparing a preliminary schedule the clerk shall list for the first service period the most senior of the eligible judges who have not yet served in the current service cycle, for the next service period, the next most senior judge, etc. The clerk shall, where appropriate, modify this initial listing, to take into account the following: (1) New judge exception: The clerk shall not schedule any newly appointed judge as emergency judge for at least 6 months after that judge takes the oath of office. After 6 months have expired, the Clerk shall schedule a newly appointed judge in the first available time period in the next Emergency Judge Schedule. Where there are two or more such judges, the clerk shall schedule them in order of seniority. This provision applies to both regular and summer Emergency Judge Schedules. (2) Recent service exception: Even though the judge is otherwise eligible, the clerk shall not include a judge in the preliminary schedule who served as emergency judge in the previous period for which the lists are being prepared, i.e., served as emergency judge in the last summer sessions where a schedule for the summer sessions is being prepared, or served as an emergency judge in the last regular set of service periods where a schedule for those periods is being prepared. The clerk shall re-schedule any judge covered by this exception to the first service in the preliminary lists for the next year. (3) IOP18(e) exception: If the service period for which a judge is initially scheduled falls within the period during which pursuant to IOP18 the judge is not receiving new assignments, the clerk shall list the judge in the first service period that starts after the IOP18 period ends. Within 14 days of the date on which the preliminary lists were circulated, any judges agreeing to switch with all or part of a service period for which the judges were scheduled shall so inform the clerk. The clerk shall modify the preliminary schedules accordingly. Within 21 days of the date on which the preliminary lists were circulated, the clerk will prepare and forward to the chief judge a draft of a general order setting out the modified preliminary schedule for emergency judges for the next summer sessions and for the next period between the end of that summer sessions and the start of the next summer sessions. (d) Formal Schedule Not Published. The order signed by the chief judge constitutes the formal schedule of emergency judge assignments for the period covered by the order. To minimize the potential for judge shopping, the formal schedule is not made public. At the beginning of each week the name of the emergency judge is made available for that week. (e) Adjustments to Schedule. Should two or more judges agree to change all or part of their service periods after the order fixing the schedule has been entered, they must notify both the chief judge and the clerk. Where the change involves more than a few days, an amended order will be entered incorporating the change. (f) Absence of Emergency Judge. In the event that the emergency judge will be out of town or otherwise unavailable, the emergency judge will arrange for another judge to act as emergency judge. Where such an arrangement is made, the emergency judge will promptly inform the chief judge and the clerk of the substitution. The chief judge may make such substitution if for any reason it has not been made and the scheduled emergency judge is unavailable. Where the designated emergency judge is unable to serve as emergency judge due to illness and an order is entered removing the judge from the assignment system due to the same illness, for the purpose of subsequent designations as emergency judge, the designated judge will be considered to have served as emergency judge during the designated period regardless of the amount of time, if any, the judge actually served. The judge or judges assuming the judge's duties will not normally receive any additional credit for the service unless one judge served for the entire period and the chief judge instructs the clerk to credit both the originally designated judge and the serving judge with the period. Amended March 13, 2009 and December 10, 2019	IOP 25. Emergency District Judge	IOP25. Emergency District Judge
26.	(a) Designation of the Emergency Magistrate Judge. At all times there shall be at least one magistrate judge of the Court assigned to act as emergency magistrate judge and perform the duties specified in LR77.2. Only a magistrate judge whose duty station is in the Eastern Division shall be assigned the duties of emergency magistrate judge. No magistrate judge shall serve as emergency magistrate judge within the six months immediately after taking the oath of office.(b) Terms of Service. The term of service of an emergency magistrate judge shall be two weeks. It shall start at 12:01 A.M. on Monday and end at midnight on the Sunday immediately preceding the Monday starting the next term of service.(c) Preliminary Assignment Schedules. The presiding magistrate judge in consultation with the other magistrate judges whose duty stations are in the Eastern Division shall be responsible for preparing a preliminary schedule of the assignments of emergency magistrate judge and federal enclave magistrate judge. These shall be prepared semi-annually in the form of an order to be signed by the chief judge on behalf of the Executive Committee. A copy of the schedule covering the period from the first Monday in July through the Sunday before the first Monday in January shall be delivered to the clerk by 1 May. A copy of the schedule covering the period from the first Monday in January through the Sunday before the first Monday in July shall be delivered to the clerk by 1 November. The clerk will place the preliminary schedule on the agenda of the next meeting of the Executive Committee scheduled after receipt of the preliminary schedules.(d) Formal Schedule Not Published. With the approval of the Executive Committee the chief judge shall sign an order establishing assignment of emergency and federal enclave magistrate judges. The order signed by the chief judge constitutes the formal schedule of emergency and federal enclave magistrate judge assignments for the period covered by the order. To minimize the potential for judge shopping, the formal schedule is not made public. At the beginning of each week the name of the emergency magistrate judge is made available for that week.(e) Adjustments to Schedule. Should two or more magistrate judges agree to change all or part of their service periods after the order fixing the schedule has been entered, they must notify the chief judge, the presiding magistrate judge, and the clerk. Where the change involves more than a few days, an amended order will be entered incorporating the change.(f) Absence of Emergency Magistrate Judge. In the event that the emergency magistrate judge will be out of town or otherwise unavailable, the emergency magistrate judge will arrange for another magistrate judge to act as emergency magistrate judge. Where such an arrangement is made, the emergency magistrate judge will promptly inform the chief judge, the presiding magistrate judge, and the clerk of the substitution. The presiding magistrate judge with the approval of the chief judge may make such substitution if for any reason it has not been made and the scheduled emergency judge is unavailable.	IOP 26. Emergency Magistrate Judge	IOP26. Emergency Magistrate Judge
27.	Any judge who plans to be absent from court on a regular business day, during the regular sessions of the Court, should arrange for a judge other than the emergency judge to hear non-emergency matters arising from cases on the judge's calendar. Where such arrangements are made, the judge should instruct the courtroom deputy to post a notice on the door to the courtroom indicating the name of the judge who will hear non-emergency matters and the room number of that judge's courtroom and post a notice on the Court’s website. Amended November 24, 2015	IOP 27. Absence of Assigned Judge	IOP27. Absence of Assigned Judge
29.	This District’s Chief Judge will with the consent of the full court select the District’s at-large members of the Judicial Council by seniority from those judges who have completed service on the District’s Executive Committee. The District’s at-large members will serve staggered three-year terms on the Judicial Council. Not later than May 15 of each year, the District’s Chief Judge will inform the Circuit’s Chief Judge of the district judge who will replace the judge completing her or his service on the Judicial Council on June 1 of that year.	IOP 29. At-Large Members of the Seventh Circuit Judicial Council	IOP29. At-Large Members of the Seventh Circuit Judicial Council
30.	(a) Separate Filing Area for Restricted Non-Electronic Documents. Where the court has permitted documents to be filed non-electronically, the clerk shall maintain restricted documents, sealed documents, and documents awaiting expunction as defined by LR26.2(a) separately from the files of documents to which access has not been restricted. Any area used to store documents to which access has been restricted shall be secure from entry by any persons other than the clerk or those designated in writing by the clerk as authorized to have access. The clerk shall designate in writing deputies authorized to accept restricted documents either from chambers or for filing pursuant to protective orders. Materials accepted as restricted pursuant to a court order authorizing non-electronic filing shall be maintained in a secure area until collected by one of the designated deputies. Where the materials so accepted are being filed pursuant to a protective order, the deputy accepting them will stamp the cover of the document with a FILED stamp indicating the date of filing. (b) Handling Sealed Non-Electronic Documents. Where the court has authorized the non-electronic filing of a document under seal, it is to be delivered for filing pursuant to LR5.8. Where under the terms of a protective order a party is permitted to inspect a sealed document that has been filed non-electronically and that party appears in the clerk's office and requests the document, one of the deputies authorized to handle restricted materials pursuant to section (a) shall obtain the document and provide an area where the person may inspect the document other than in the public area of the clerk's office. The deputy will complete a form showing the date, description of the document, the name of the person requesting access to the document, a statement indicating that the deputy has checked the protective order and it does indeed authorize the person to inspect the document, and a statement that the deputy requested of and was shown identification by the person requesting access to the document. Any person wishing to inspect the document must sign the form completed by the deputy to indicate that they are authorized to inspect the document. (c) Handling Sealed Electronic Documents Where a party who is authorized to inspect a sealed document that has been filed electronically appears at the clerk's office and requests the document, one of the deputies authorized access to such documents will complete the form described above, and provide access to the document to the requesting person in a non-public area of the clerk's office. (d) Grand Jury Records; Disposition. The clerk shall maintain documents, either electronic or non-electronic, arising out of or connected with grand jury proceedings separately from other restricted documents. The clerk shall designate in writing deputies authorized to accept grand jury documents for filing and authorized access to the area in which the documents are stored. Such non-electronic documents shall be maintained for not less than 10 years following the date of filing or entry if not related to a specific grand jury proceeding. Documents in proceedings assigned a grand jury number shall be maintained for at least ten years following the commencement of the proceeding as indicated by the GJ number. From time to time the clerk may petition the chief judge for leave to destroy documents arising out of or connected with grand jury proceedings. The petition shall contain a list of the GJ numbers for documents arising out of specific proceedings and a reasonable description of any documents other than those arising out of specific proceedings for which permission to destroy is sought. The clerk shall provide the United States attorney with a copy of the petition. If the United States attorney wishes to defer the destruction of some or all of the documents referred to in the petition, a written response to the petition setting forth the reasons for the requested deferral must be filed with the chief judge within 14 days of the date the copy of the clerk's petition was transmitted to the United States attorney. The chief judge may grant the petition for destruction, or direct that consideration of the destruction of some or all of the items specified in the petition be deferred for an additional year at the end of which the clerk may again petition for authority to destroy the documents. The petition for leave to destroy the documents, the response of the United States attorney, and any order of the chief judge dealing with the petition and response are, except as otherwise ordered, restricted documents. (e) Sanctions. Employees of the court are expressly forbidden to perform any of the following acts: (1) entering an area designated for the storage of restricted documents without the appropriate written authorization required by sections (a) or (c); (2) accessing restricted documents that are either electronic or non-electronic, when not specifically authorized to do so; (3) assisting any person who is not authorized access pursuant to sections (a) or (c) to restricted documents that are either electronic or non-electronic, to gain or to attempt to gain access to such restricted documents; (4) accepting for filing any restricted document that is either electronic or non-electronic, when not specifically authorized to do so pursuant to section (a); (5) permitting any person who is not specifically authorized to have access to a restricted document that is either electronic or non-electronic, to examine such a document, or to provide such a person with access to such a document; and (6) leaving a restricted document that is either electronic or non-electronic, unattended in an area other than one specified by this procedure such that persons not authorized access to the document could readily gain access to it; and (7) providing access to a restricted document that is either electronic or non-electronic, to any party who has not been approved for such access by the Court. Employees of the court who knowingly perform any of these acts may be subject to immediate dismissal. Persons who are not employees of the court who seek to coerce or induce any employee of the Court to perform any of these acts shall be punished by contempt of court. Amended July 6, 2011, November 6, 2019	IOP 30. Restricted Documents	IOP30. Restricted Documents
31.	Fed.R.Civ.P. 67 requires the clerk to maintain an interest bearing registry account. The conditions and terms of the agreement between the clerk and the bank maintaining the registry account shall be approved by and be subject to the supervision of the Executive Committee. The relationship of the Court to these funds is custodial in nature, and the United States acts as a trustee for the rightful owners of such funds. The clerk, as the custodial agent for the United States, has no obligation to preserve and keep safe such funds for the depositor and the Court. Any claimant entitled to any such money may, upon petition to the Court and upon notice to the United States attorney and full proof of the right thereto, obtain an order directing payment to him pursuant to 28 U.S.C. §2042. Payment of a registry fee is due and payable on funds held in the Courts' registry and invested in interest-bearing accounts. The fee is equal to the amount prescribed by the Judicial Conference based on the income earned on the invested funds throughout the life of the investments.	IOP 31. Registry Account	IOP31. Registry Account
32.	The clerk shall be the trustee of the District Court Fund. Monies deposited in the Fund shall be used only for the benefit of the bench and bar in the administration of justice. All withdrawals from the fund shall require the approval of the chief judge or a judge designated by the chief judge.	IOP 32. District Court Fund	IOP32. District Court Fund
06.	The judges of this Court hereby prescribe that if the chief judge is temporarily unable to perform the chief judge’s duties, these duties shall be performed by the judge identified in 28 U.S.C. § 136(e), unless the chief judge has designated another judge in active service, who consents to the designation, is present in the district, and is able and qualified to serve, as the designated acting chief judge. The designated acting chief judge shall assume all duties and responsibilities of the chief judge during the designated time period. Adopted April 30, 2008	IOP 06. Designated Acting Chief Judge	IOP06. Designated Acting Chief Judge
07.	(a) An eligible magistrate judge who wishes to be recalled to office as provided for by 28 U.S.C. Section 636(h) shall make such a request in writing to the Chief Judge of the Court. The request shall specify the judicial workload the magistrate judge wishes to carry while in recall status. (b) Where the Chief Judge receives such a request, it shall be forwarded to the full Court for consideration. In such instances, the Court shall consider the needs of the Court and the current judicial capacity of the applicant; and the clerk of court shall provide a report addressing space and facilities considerations affected by the recall, in addition to information concerning magistrate judge utilization. (c) Where the Court approves a request for the recall of a magistrate judge, the request shall be forwarded to the Circuit Council of the Seventh Circuit in accordance with the Judicial Conference Guidelines. Adopted February 25, 2010	IOP 07. Magistrate Judge Extended Service Recall	IOP07. Magistrate Judge Extended Service Recall
09.	(a) Certification of Conviction in Another Court. Upon being informed that an attorney admitted to practice before this Court has been convicted of any crime, the clerk shall determine whether the clerk of the court in which such conviction occurred has forwarded a certificate of such conviction to this Court. If a certificate has not been forwarded, the clerk of this Court shall promptly obtain a certificate and file it with this Court. (b) Discipline Imposed in Another Court. Upon being informed that an attorney admitted to practice before this Court has been subjected to discipline by another court, the clerk shall determine whether a certified or exemplified copy of the disciplinary judgment or order has been filed with this Court, and if not, the clerk shall promptly obtain a certified or exemplified copy of the disciplinary judgment or order and file it with this Court. (c) Conviction or Discipline in this Court. Whenever it appears that any person who is admitted to practice law in any other jurisdiction or before any other court has been convicted of a crime, or disbarred, or suspended, or censured, or disbarred on consent by this Court, the clerk shall, within 14 days of that conviction, disbarment, suspension, censure, or disbarment on consent, transmit to the disciplinary authority in such other jurisdiction, or for such other court— (1) a certificate of the conviction or a certified or exemplified copy of the judgment or order of disbarment, suspension, censure, or disbarment on consent, and (2) the last known office and residence addresses of the defendant or respondent. (d) ABA National Discipline Data Bank. The clerk shall promptly notify the National Discipline Data Bank operated by the American Bar Association of any order imposing public discipline upon any attorney admitted to practice before this Court. (e) Record of Disciplinary Actions. The clerk shall note the entry of an order imposing disciplinary sanctions or reinstating a disciplined attorney on the record of that attorney included in the index of attorneys admitted to the bar of this Court. Adopted June 2, 2011	IOP 09. Duties of the Clerk in Attorney Disciplinary Proceedings	IOP09. Duties of the Clerk in Attorney Disciplinary Proceedings
08.	(a) Order of Assignment. Whenever the judge concludes that the assignment of counsel is warranted, the judge shall enter an order pursuant to 28 U.S.C. §1915(e) directing the assignment of counsel to represent the pro se party. The judge may specify in the order of assignment an area of expertise or preference so that the clerk may select a prospective assignee who indicated such area, if one is available. The order shall be transmitted forthwith to the clerk. If service of the summons and complaint has not yet been made, an order directing service by the United States marshal or by other appropriate method of service shall accompany the assignment order. The selection of a member of the panel for assignment pursuant to the assignment order will normally be made in accordance with section (e). However, the judge may determine that an assignment be made in any of the following manners: (1) Where the pro se party has one or more other cases pending before this Court in which counsel has been assigned, the judge may determine it to be appropriate that counsel assigned in such other case or cases be assigned to represent the pro se party in the case before the judge. (2) Where the judge finds that the nature of the case requires specific expertise and among the panel members available for assignment there are some with the required expertise, the judge may direct the clerk to select counsel from among those included in the group or may designate a specific member of the group. (3) Where the judge finds that the nature of the case requires specific expertise and none of the panel members available for assignment has indicated that expertise, the judge may assign counsel with the required expertise who is not on the panel. In order to assist the judge in determining whether or not to make a direct assignment under (1) of this section, the clerk shall provide on request the case number, case title, presiding judge, and name of counsel assigned of each case currently pending before the Court in which the pro se party has had counsel assigned. (b) Selection of Attorney to be Assigned. Except where another method of assignment is ordered pursuant to section (d), the clerk, on receipt of the order of assignment, shall select a name from the panel in the following manner: (1) Where the order specifies a particular area of expertise or a preference, the clerk shall select the first available panel member indicating such expertise or preference. If no such person is found, the next available person listed on the panel shall be selected. (2) Where the order does not specify any area of expertise or preference, the clerk shall select the first available person listed on the panel. (Adopted 06/02/11) Amended May 24, 2013	IOP 08. Assignment of Pro Bono Attorneys in Civil Cases	IOP08. Assignment of Pro Bono Attorneys in Civil Cases
28.	The Chief Judge has authority to reassign cases or enlist other judges to help manage the caseload of a judge who has not held court in person for a period of two months or more. If the Chief Judge determines that reassignment of the cases may thus be necessary, the Chief Judge shall first seek the approval of the Executive Committee prior to entering a reassignment order. Should the Executive Committee concur, a reassignment order will be entered. Once the original presiding judge returns to the bench, the cases can return to that judge, with the approval of the Executive Committee.	IOP 28. Guidance for the Chief Judge during a Judge’s Absence	IOP28. Guidance for the Chief Judge during a Judge’s Absence
21.	If an after-hours arrest warrant is needed by a United States Probation Officer, the Officer shall prepare Probation Form 12C and present it to the duty magistrate judge for review. If the petition is granted, the United States Probation Officer shall provide a copy of the signed Probation Form 12C to the United States Marshals Service as proof of the order issuing the warrant. The United States Probation Officer shall forward the original Form 12C to the Clerk of Court the next business day to file the document. The United States Probation Officer shall also notify the district judge who was assigned to the underlying criminal case for which a warrant was issued the next business day.	IOP 21. After-Hours Arrest Warrant	IOP21. After-Hours Arrest Warrant
22	In cases brought for judicial review under the Social Security Act, the Memorandum Opinion and Order shall not identify the non-government party by using his or her full name. The non-government party shall be named and referred to by using his or her full first name and the first initial of the last name. All parties shall follow the requirements of Local Rule 8.1.	IOP 22 Privacy in Social Security Opinions	IOP22 Privacy in Social Security Opinions

IOP01. Meetings of District Judges

(a) Duties & Responsibilities. This Court shall administer and conduct its business by action of its Executive Committee. The Executive Committee shall prescribe its own rules of procedure. The members of the Executive Committee shall meet not less than once a month, except as they otherwise determine. The chief judge may call the members of the Committee to attend a special meeting where a ruling of the Committee is required and such ruling cannot be delayed until the next scheduled regular meeting. (b) Composition of the Executive Committee. The Executive Committee shall be composed of the chief judge, the next district court judge eligible to be chief judge, four regular active judges of the Court, the presiding magistrate judge, and the clerk of the Court. The chief judge or, in the absence of the chief judge, the next district court judge eligible to be chief judge, shall preside over the meetings of the Executive Committee. The clerk shall serve as secretary to the Executive Committee. Membership in the Executive Committee shall be rotated among the regular active judges of the Court in order of seniority. Except as otherwise provided by this section, the term of each regular active judge other than one holding non-voting membership shall start on the day following the last day of service of the prior judge, and end four years later. As the term of such a member of the Executive Committee expires or terminates for any reason, the regular active judge with the most seniority who has not served on the Executive Committee shall become a member. When all the regular active judges of the Court have served one term, membership shall be rotated on the basis of seniority of the active judges then members of this Court, provided that the chief judge may not serve as both a four-year term member and ex officio. When a judge assumes an unexpired term vacated by another judge, that judge shall serve for four years starting on the day following the last day of service of the judge who failed to complete a four-year term. (c) Voting Rights of Executive Committee Members. Each member of the Executive Committee, other than the non-voting members, shall have one vote. The chief judge and the clerk of the Court shall be the only non-voting members of the Executive Committee. Therefore, voting members shall be the next district court judge eligible to be chief judge, four regular active judges of the Court, and the presiding magistrate judge. In the event of a split vote, the chief judge, or in the absence of the chief judge, the next district court judge eligible to be chief judge, shall cast the deciding vote. In the absence of the chief judge, the next district court judge eligible to be chief judge shall refrain from voting in the initial vote, but shall reserve his or her vote in case of a split vote among the other voting members. Each vote shall require a quorum of four voting members.

IOP02. Executive Committee

IOP03. Liaison Judges and Committees

IOP04. Presiding Magistrate Judge

IOP05. Meetings of Magistrate Judges

(a) Classes of Cases. All cases filed in this Court shall be assigned to one of the following six classes of cases: (1) adversary proceedings which include any cases initiated by the filing of an adversary complaint in a bankruptcy proceeding pursuant to the provisions of the Bankruptcy Act or of the Bankruptcy Code; (2) bankruptcy cases which include any cases initiated by the filing of a petition pursuant to the provisions of the Bankruptcy Code; (3) criminal cases which include any cases initiated (A) by the filing of a complaint, an information or an indictment for the punishment of a crime against the United States, including cases instituted under the Federal Juvenile Delinquency Act, removal cases and complaints for the apprehension of a material witness or (B) by the issuing of a rule to show cause why a person should not be held in contempt where criminal contempt is involved, including such contempts arising from grand jury proceedings; (4) disciplinary proceedings which include any cases involving the discipline of members of the bar of this Court pursuant to LR83.25, et seq.; (5) magistrate judge cases which include (A) any cases initiated before a magistrate judge by documents other than a criminal complaint, including but not limited to search warrants, orders appointing counsel where no complaint has been filed and inspection of warrants, but not generally including petty offenses based on violation notices, and (B) any petty offense proceeding based on the issuance of a violation notice in which the defendant does not waive the right to trial before a district judge and the case is referred to the district court for trial; and (6) civil cases which include (A) any other case or matters initiated by the filing of an application, complaint or petition, (B) any appeal from an order entered by a bankruptcy judge, and (C) any certificates for contempt filed by a magistrate judge or by a bankruptcy judges. (b) Case Numbers. Each case, upon the filing of the initial paper, shall be given a case number which shall indicate the year in which it was filed, the class to which it belongs, and a sequence number, as follows: (1) the year of filing will be indicated by the use of the last two digits of the calendar year in which the initial paper is filed; (2) the class to which the case belongs will be indicated by use of the letter A, B, CR, D, M or C, to indicate, respectively, the classes of adversary proceedings, bankruptcy cases, criminal cases, disciplinary proceedings, magistrate judge cases, or civil cases; (3) the sequence number will be the next available number taken from the appropriate case number series. In each of the two Divisions of the Court there shall be eleven consecutive number series, one for each class of cases other than disciplinary proceedings and one for disciplinary proceedings. The number series in the Eastern Division and the number series for disciplinary proceedings will start each year with the number 1. The number series in the Western Division will start with the number 50,001. (c) Exceptions to Numbering System in Criminal Cases. An indictment or information that arises out of offenses charged in one or more previously filed criminal complaints shall be designated by the same case number as the earliest filed complaint. Any indictment or information that supersedes an earlier filed indictment or information as defined by subsection (4) of LCrR50.2 shall be designated by the same case number as that of the superseded indictment or information. In order to identify clearly and uniquely each defendant named in a criminal complaint, indictment, or information, each defendant listed in the caption of the original complaint, indictment, or information shall be assigned a number such that the first listed defendant shall be defendant 1, the second, defendant 2, etc. Where pursuant to this section an indictment or information is designated by the same case number as either an earlier filed criminal complaint or a superseded indictment or information, each defendant included in the later filed indictment or information who was included in the earlier filed complaint, indictment, or information shall be assigned the same defendant number as was assigned at the earlier filing. Where a defendant included in the earlier filed complaint, indictment, or information is not included in the later filed indictment or information, the number assigned to that defendant will be skipped. Where one or more defendants are included in the later filed indictment or information who were not included in the earlier filed complaint, indictment, or information, defendant numbers shall be assigned starting with the lowest number not assigned at the time of the filing of the initial complaint, indictment, or information.

IOP10. Case Numbers and Case Categories

(a) Filing Procedures. The assignment clerk shall file each new case in the following manner: (1) Except where the case was accepted for filing by the emergency judge outside of regular business hours and the date and time of filing are already noted, the date and time of filing shall be stamped or written on the cover of the documents initiating the case. (2) The appropriate case number shall be stamped on the initiating document. (3) The case number and assignment category shall be entered into the computerized assignment system and the case shall be assigned. (4) A magistrate judge shall be designated for the case in the manner provided for by section (c). (5) Except as provided for in section (f) below, the name of the district judge to whom the case is assigned and, where applicable, the name of the designated magistrate judge shall be stamped on the initiating documents. Where two or more indictments or informations are presented to the assignment clerk for assignment, the order in which they are to be filed and assigned shall be according to their grand jury numbers, the earliest such number being assigned first. Where indictments returned by two or more grand juries are presented for filing at the same time, the indictments of the older grand jury shall be taken first. If two grand juries were impaneled in the same month, the indictments of the special grand jury shall be taken first. (b) Assignment of Cases: Eastern Division. The clerk shall maintain an automated assignment system for the assignment and reassignment of cases in the Eastern Division. All cases filed in the Eastern Division shall be by assigned using the automated assignment system. For the purposes of assigning cases to the calendars of the judges serving in the Eastern Division, the civil and criminal cases shall be divided into the categories indicated: (1) Criminal Cases: (A) Criminal I, (B) Criminal II, (C) Criminal III, (D) Criminal IV, and (E) Criminal V; and (2) Civil Cases: (A) Civil I, (B) Civil II, (C) Civil III, (D) Civil IV, (E) Civil V, (F) Civil VI, (G) Civil VII, (H) certificates for contempt filed by bankruptcy judges pursuant to Rule 920 of the National Bankruptcy Rules and certificates for contempt filed by magistrate judges. In addition, those magistrate judge cases involving petty offenses based on the issuance of violation notices wherein defendants did not waive their right to trial before a judge of the district court which are referred to a judge of the district court shall constitute a separate assignment category. (3) The Executive Committee shall establish the types of cases to be included in Criminal categories I, II, III, IV, and V and in Civil categories I, II, III, IV, V, VI, and VII. A master list of the types of cases included in those categories shall be used by the assignment clerk in the assignment of civil and criminal cases. The automated assignment system shall provide a separate process for assigning cases in each of the enumerated categories. In each process the name of each judge of this Court, other than the chief judge or any senior judge, shall appear an equal number of times. The sequence of judges' names within each block shall be kept secret. The process shall record for each case assigned the case number, the assignment category, and date and time of the assignment. (4) A motion for the return of property filed pursuant to FRCrP41(e) after an indictment or information has been filed in a criminal case shall be directly assigned to the district judge before whom the criminal case was last pending. If that judge is no longer sitting, the motion shall be assigned by lot to a district judge. Whenever it appears that a case has been assigned by lot that should have been assigned directly under the provisions of this section, the judge receiving the case shall transfer it to the Executive Committee for reassignment to the calendar of the judge to whom it should have been assigned directly. (5) The automated assignment system will at the time of the reassignment of any case introduce any equalization required. The equalization will take the form of an adjustment to the appropriate assignment process that will treat the reassignment as a new assignment to the judge receiving the case and negate the assignment of the case to the judge reassigning it. Unless otherwise ordered by the Executive Committee in the order of reassignment, such equalization will apply in each of the following instances: (i) to correct an assignment error where a case that should have been assigned directly pursuant to LR40.3 was assigned by lot; (ii) where a case is reassigned following a result of a recusal with equalization pursuant to IOP13(f); or (iii) where the order of reassignment directs that the reassignment be with equalization. The clerk shall periodically report to the Executive Committee on the performance of the automated assignment system. Such report shall include a summary of any assignments or reassignments for which equalization is required in addition to any automatic equalization authorized by these procedures. Where it determines additional equalization is required, the Executive Committee will enter an appropriate order. Records of the system shall be preserved for five years except as otherwise ordered by the Executive Committee. (c) Designation Cycles for Magistrate Judges. There shall be a separate designation cycle for magistrate judges for civil and criminal cases each of the assignment categories specified in IOP11(b), provided that the Executive Committee may direct that two or more of the categories other than Civil I, II, and III, and Criminal I, II, and III be combined into a single designation cycle. Each designation cycle shall consist of the name of each of the magistrate judges assigned to the Eastern Division. Whenever a new case is assigned to a district judge using one of the assignment decks enumerated above, the clerk shall randomly designate a magistrate judge from the designation cycle for that type of case as the magistrate judge in the case. Whenever pursuant to LR40.3(b) or LCrR50.2 a new case is assigned to a district judge directly and not by lot, the magistrate judge designated for the case originally assigned by lot will be designated for the later filed case. The provisions of this section notwithstanding, where an indictment or information arises out of one or more criminal complaints, the designated magistrate judge shall be the magistrate judge to whom the earliest of those complaints was assigned. Where multiple defendants in a single complaint assigned to a magistrate judge are subsequently charged in more than one indictment or information arising out of that complaint, the designated magistrate judge for each such case shall be the magistrate judge to whom the complaint was assigned. (d) Assignment of Cases: Western Division. (1) Civil cases in the Western Division shall at filing be both randomly assigned to a district judge and generally referred to a magistrate judge whose duty stations are in that division, provided that a district judge may in any case set aside the initial general reference to a magistrate judge (2) All criminal cases shall at filing be randomly assigned to a district judge. The United States Attorney must, at the time of filing, advise the Court in writing whether the Federal Bureau of Investigation (“FBI”) took part in the investigation. Based upon the information provided by the United States Attorney, the Clerk of Court will enter a referral of a criminal case involving the FBI only to a magistrate judge who does not have a conflict that would require the magistrate judge’s recusal. For any case not involving the FBI, the Clerk will enter a referral to the magistrate judge who is recused from FBI cases. (e) Duties under the Federal Debt Collection Procedures Act. Pursuant to 28 U.S.C. ' 3008, the Court assigns its duties in proceedings under Chapter 176 of Title 28 of the United States Code, the Federal Debt Collection Procedures Act, (AFDCPA@) in all civil cases to the United States Magistrate Judges of this Court. When relief under the FDCPA is sought by the United States, all necessary documents shall be submitted to the designated magistrate. If no magistrate judge has been previously designated, or where the designated magistrate judge is no longer sitting, a magistrate judge shall be designated as provided for by section (c). The designated magistrate shall supervise proceedings, decide all nondispositive matters, and prepare a report and recommendation in all dispositive matters. If the designated magistrate judge enters a report and recommendation on a dispositive motion, the clerk shall assign the case by lot to a district judge if one has not been previously assigned. If the parties consent to the reassignment of the proceedings to a magistrate judge, the clerk shall reassign the case to the designated magistrate judge without the entry of a separate Executive Committee reassignment order. (f) Assignment of Student Loan and Veteran Education Loan Cases. When a complaint is filed on behalf of the Department of Education or the Veterans= Department alleging a failure to repay a student loan or a failure to repay an educational overpayment, the person filing the complaint shall indicate its nature to the assignment clerk. When a complaint of this type is filed, the assignment clerk shall designate a magistrate judge as provided for by section (c) above and shall assign the case generally to the United States magistrate judges. When necessary, the designated magistrate judge shall supervise pretrial proceedings, which may include the preparation of a report and recommendation for the disposition of any motion for injunctive relief, for judgment on the pleadings, for summary judgment, or to dismiss for any reason. If the parties consent to the reassignment of the case to a magistrate judge, the clerk shall reassign the case to the designated magistrate judge without the entry of a separate Executive Committee reassignment order. If the magistrate judge enters the pretrial order or issues a report and recommendation on a dispositive motion, the clerk shall assign the case by lot to a district judge. Where a case requires the involvement of a magistrate judge and no magistrate judge has been previously designated, or where the designated magistrate judge is no longer sitting, a magistrate judge shall be designated as provided for by section (c). (Amended 2/7/02, 6/23/06, 6/04/09, 3/22/19, 3/10/2020, 09/23/2021)

IOP11. Filing & Assignment of New Cases

IOP12. Western Division Backup Judge

(a) Multidistrict Litigation. When it is brought to the attention of the Executive Committee that proceedings similar to those in a case pending in this District are pending in one or more other districts and that coordinated or consolidated pretrial discovery proceedings should be conducted, the Committee will notify each judge upon whose calendars such cases appear of the proceedings in the other district or districts. Each such judge will transfer the case or cases to the calendar of the Executive Committee. The Committee will reassign the cases to a judge designated by the Committee for the purpose of hearing and determining any and all motions in connection with such multi-district litigation. The judge to whom the cases are so assigned shall have the power to transfer them for the purpose of discovery to another district, either in this or in another circuit, when it is deemed necessary to promote multi-district discovery, provided that in those instances where the transfer of cases to other districts is being considered by the Panel for Multi-District Litigation, the case shall not be transferred until such time as the Panel has made its determination. Cases reassigned under this procedure that require trial following the completion of the consolidated discovery shall be transferred to the Executive Committee for reassignment to the judge from whose calendar they were initially transferred. If that judge is no longer sitting, the cases shall be reassigned by lot. (b) Fugitive Calendar. The Executive Committee shall maintain a calendar called the Fugitive Calendar. Defendants in criminal cases shall be assigned to that calendar in accordance with the procedures set out in this section. Where appropriate, the term “judge” used in this section shall mean both district judge and magistrate judge. (1) Reassignment of cases to the Fugitive Calendar. Whenever a defendant in a criminal case is fugitive for more than 30 consecutive days or whenever short of said 30 days the judge determines that a defendant is fugitive, the judge to whom the case is assigned shall transfer the defendant to the Fugitive Calendar. Such transfer shall be made even in those instances where other defendants in the case are not fugitive and the case is proceeding as to them, provided that where the judge determines that the presence of the fugitive defendant in such multiple defendant case is required for the trial of the non-fugitive defendants, and an order is entered to that effect, the fugitive defendant shall remain on the calendar of the judge. (2) Procedures for removing cases from the Fugitive Calendar. Where a defendant on the Fugitive Calendar is arrested or appears and the judge to whom the case was assigned is still sitting and hearing criminal cases, the clerk shall promptly transfer the defendant from the Fugitive Calendar to the calendar of that judge. If the judge is either no longer sitting or is no longer receiving assignment of criminal cases, the following procedures shall be followed: (A) Where the defendant is to be brought before a judge immediately following arrest or appearance, the United States Attorney shall have the defendant brought before the emergency judge who shall order the clerk to notify the Executive Committee of the need to have the defendant reassigned from the Fugitive Calendar. (B) On being informed of the arrest or appearance of the defendant either as provided in (2)(A) or through other notification, the clerk shall promptly notify the Executive Committee of the need for an order directing the reassignment of the defendant. (3) Deferred Prosecution and the Fugitive Calendar. Whenever subsequent to the filling of an indictment or information the judge approves a deferred prosecution for one or more of the defendant in the case and the case is not to be dismissed until the completion of the period covered by the deferred prosecution, the judge shall transfer the case to the Executive Committee for reassignment to the Fugitive Calendar. Following successful completion of the conditions of deferred prosecution or where the United States Attorney indicates that the conditions have not been met and prosecution should be continued, the judge from whose calendar the case was reassigned shall notify the clerk of the need for an order of the Executive Committee reassigning the case from the Fugitive Calendar to the calendar of that judge. (4) Calendar call of the Fugitive Calendar. The Executive Committee may assign one or more judges for the purpose of making a periodic call of the cases on the Fugitive Calendar. The judge or judges assigned shall from time to time consult with the United States Attorney and the Attorney General to ascertain whether dismissals of particular criminal actions shall be deemed available. (c) Reassignments and Assignments of Cases to the Chief Judge and Senior Judges. From time to time the Executive Committee may assign cases to the chief judge or to any senior judge. Such assignments may be performed in any of the following ways: (1) The Executive Committee may direct the clerk to assign cases to the chief judge or to a senior judge in the same manner as cases are assigned to a regular active judge but limit the number of categories so assigned. (2) The Executive Committee may direct the clerk to include the name of the chief judge or senior judge in the assignment process of one or more assignment categories. In any order directing the assignment of new filings to the chief judge or a senior judge, the Executive Committee shall fix the frequency with which the name of the chief judge or senior judge shall appear in the process for the assignment category specified. The order shall also direct the clerk to assign cases in the assignment categories specified whenever that judge’s name appears. (3) The Executive Committee may, with the consent of the judge to whom such case or cases is assigned, direct that one or more cases be reassigned to the chief judge or to any senior judge. (4) Where a case is reassigned from a senior judge pursuant to 28 U.S.C. §294(b), the case shall be reassigned by lot to a regular active district judge. (d) Reassignment by Agreement. Where two or more judges agree that the reassignment of one or more cases to one of them will enable the case or cases to be more efficiently administered and will serve to save judicial time, the cases involved may be transferred to the Executive Committee with a request for such reassignment. The request shall indicate briefly the reasons for such reassignment and specify whether or not the judge receiving the case is to return any case or cases to the Committee for reassignment to the transferring judge. If the Committee finds that the reassignment will enable a more efficient administration of the cases, it may then order the reassignment. (e) Coordinated Pretrials in Complex Cases Not Involving Multi-District Litigation. The Executive Committee may determine that it would be in the best interests of efficient judicial administration to hold a coordinated pretrial proceeding in a group of cases which either (1) are not related within the meaning or LR40.4(a) or (2) are related within the meaning of LR40.4(a) but reassignment is not appropriate under LR40.4(b). Where such a determination is made, the Committee will designate a judge to hold such a proceeding. The cases shall remain on the calendars of the judges to whom they were assigned at the start of the coordinated proceeding and only matters specified in the order of coordination shall be brought before the designated judge. All judges affected by such a coordinated pretrial proceeding shall be notified by the clerk. (f) Recusals. (Amended July 7, 2000) (1) General Procedures. Except as otherwise provided in this section, whenever a case is transferred to the Executive Committee for reassignment following a recusal, the Committee shall direct the clerk to reassign the case by lot to a judge other than the judge who entered the recusal. A judge receiving a case on reassignment following a recusal shall promptly determine whether or not to enter a recusal. Where a recusal is entered, the judge shall promptly transfer the case back to the Committee which shall thereupon direct the clerk to reassign the case by lot to a judge other than those previously entering recusals. Where a recusal is not entered, the judge may transfer to the Committee for reassignment to the judge entering the initial recusal a case requiring a like amount of judicial effort for disposition. The Committee will reassign that case subject to verification that it will require like judicial effort. (2) Recusals with Equalization. Where the reason for the recusal is included in one of the categories specified in this subsection, the judge entering the recusal may request that in lieu of receiving a like case from the receiving judge, the recusal be made part of the calendar equalization set out in IOP11(b). The categories of recusals for which this procedure may be used are as follows: (A) cases in which a recusal is entered because a relative of the judge works for a law firm, or the U.S. Attorney’s Office, which represents or is one of the parties to the case; and (B) cases in which one of the parties is or was represented by a law firm with which the judge was associated within the previous five years. (C) cases in which the judge determines that a recusal is required because one of the parties was previously represented by the judge. (g) Calendar of Short Civil Trials. The calendar of short civil trials is a program intended to provide a list of cases that are ready for trial and where the trial is expected to take no more than five days. Cases on the list can be handled by visiting judges or by judges of the Court who as a result of unanticipated settlements find that they have available time to try a case. (1) The following definitions shall apply to section (g): (A) Judge: Any district judge of this Court on whose calendar there are civil cases pending. (B) Listing form: A form approved by the Executive Committee to be used by the assigned judge to effect the addition or removal of a case to or from the short civil trial calendar. (C) Ready for trial: A short civil trial case is ready for trial if (i) the final pretrial order has been entered and (ii) there are no unresolved pending motions other than motions in limine reserved for ruling at trial. (D) Requesting judge: A judge who requests a case from the short civil trial calendar or to whom such a case has been transferred but not reassigned. (E) Short civil trial case: A short civil trial case is a civil case that is ready for trial and it is estimated by the assigned judge at the time of entering the pretrial order that the trial will last no more than five days, including jury selection. (F) Short civil trial calendar: All cases in which a listing form has been received by the clerk that are still pending and available for reassignment to a requesting judge. (G) Short civil trial calendar judge: The chief judge, or a judge designated by the chief judge, will be the short civil trial calendar judge. The short civil trial calendar judge will be responsible for coordinating the trial of cases on the short civil trial calendar. (2) Any judge may place a short civil trial case on the short civil trial calendar by sending a completed listing form to the clerk. In order to assist the court in determining whether or not placing a case on the short civil trial calendar might be inappropriate, counsel will include in the final pretrial order form information concerning the anticipated circumstances of the trial that might impact scheduling. (3) On receiving the listing form, the clerk shall forthwith docket the form and notify counsel and parties of the docketing in the manner provided by Fed.R.Civ.P 77(d) for notice of orders or judgments. The clerk will include with the notice a reminder to parties of their right to consent to a reassignment of the case to the designated magistrate judge pursuant to 28 U.S.C. §636(c) and LR73.1(b). (4) Any judge, including any senior district judge or visiting judge designated to hold court in this District, who is available to try a short civil case may request such a trial from the short civil trial calendar judge. The short civil trial calendar judge will forward the earliest filed case on the short civil trial calendar that fits the available trial time of the requesting judge. Any case so selected will be transferred to the requesting judge for pretrial review. Such transfer will serve as authority for the requesting judge to act in the case as if the case had been reassigned, although the case will remain on the docket of the assigned judge. The case will be reassigned to the requesting judge for all purposes if it is settled by that judge, or if that judge starts a trial in the case. (5) If the requesting judge determines that a transferred case is not ready for trial, that judge will so inform the short civil trial calendar judge. The short civil trial calendar judge will so notify the assigned judge and may thereupon remove the case from the short civil trial calendar. (6) Nothing in this rule shall preclude the assigned judge from settling or trying a case the judge has listed on the short civil trial calendar. If the assigned judge is able to resolve the case, the judge will forward a completed listing form to the clerk. The clerk will notify the short civil trial calendar judge that the case is to be removed from the short civil trial calendar. (7) Motions brought in cases listed on the short civil trial calendar prior to its transfer to a requesting judge shall be heard by the assigned judge. Motions brought after the transfer but before the reassignment of the case to the requesting judge will be brought before the requesting judge. The requesting judge may thereupon send the motions to the assigned judge. (8) When a case is disposed of following a trial conducted by a requesting judge who routinely participates in the assignment of civil cases filed in the Eastern Division, then that judge shall receive equalization in the form of one skip in the assignment deck of the same category as that of the case closed. (h) Transfer of Motions by Agreement. A judge may with the agreement of the receiving judge transfer one or more pending motions to be ruled upon by the receiving judge without transferring the case. The transferring judge shall notify the Executive Committee of any transfer made under this rule. Such notice will be on a form approved by the Committee. Notice of any transfer under this rule shall be sent to the parties. The notice shall indicate the name of the receiving judge. Any motion challenging the transfer on grounds other than the recusal of the receiving judge will not be entertained. Any such motion shall be filed with the receiving judge. Any motion for rehearing of a ruling by the receiving judge shall be presented to the receiving judge. (i) Reassignment of Criminal Cases with Multiple Defendants. Except as provided by the Executive Committee’s order reassigning a criminal case with multiple defendants, the reassignment order shall include all defendants. (j) Other Reassignments and Transfers. If a case is reassigned from a judge who is temporarily not receiving cases pursuant to an order of the Executive Committee, the judge to whom the case is reassigned shall receive equalization in the form of one skip in the assignment deck of the category in which the case was initially assigned. If a case is transferred to the Executive Committee for any reason not otherwise provided for in local rules or the internal operating procedures and the Committee agrees that the case should be reassigned, it shall cause the case to be reassigned by lot. If the name of the transferring judge is drawn, another drawing shall be made. The judge who receives the case may transfer to the Committee a case or cases requiring a like amount of judicial effort to dispose of it or them, with the recommendation that it or they be reassigned to the calendar of the transferring judge. (k) Order of Reassignment. Where one or more cases are to be reassigned pursuant to LR40.4, LR40.5, or sections (a), (b), (c), (d), (f), or (i) of this IOP, the assigned judge shall complete the appropriate reassignment transfer form. If the assigned judge is no longer sitting, the clerk shall complete the form. The transfer form will be given to the clerk who shall promptly transmit it to the chief judge. The chief judge may on receipt of the form enter an order on behalf of the Executive Committee to review the requested reassignment at the next meeting. A case will be deemed reassigned following the docketing of the order of the Executive Committee directing its reassignment. Amended March 3, 2011; February 27, 2014; May 23, 2014; December 23, 2014

IOP13. Reassignments and Transfers

IOP14. Magistrate Judges: Referrals & Recusals

(a) Referral to Bankruptcy Judges. Pursuant to 28 U.S.C. §157(a), any and all cases under Title 11 U.S.C. and any and all proceedings arising under Title 11 U.S.C. or arising in or related to any case under Title 11 U.S.C. are referred to the bankruptcy judges of this District. (b) Assignment by Lot. Except as provided by sections C, D, E and F of this rule, each of the following shall be assigned by lot to a district judge: (1) any motion (including a recommendation by a bankruptcy judge) for the withdrawal of the reference of a bankruptcy("B") case or proceeding pursuant to 28 U.S.C. §157(d); (2) any motion (including a recommendation by a bankruptcy judge) for the withdrawal of the reference of an adversary ("A") proceeding pursuant to 28 U.S.C. §157(d); (3) any report and recommendation of a bankruptcy judge in a non-core proceeding filed pursuant to 28 U.S.C. §157(c)(1); and Where assigned by lot, petitions for withdrawal of reference, appeals, motions for leave to appeal, and applications for writs shall be assigned using the Civil II assignment category and reports and recommendations using the Civil III assignment category. (c) Direct Assignment in Bankruptcy ("B") Cases. If in a bankruptcy ("B") case or set of related bankruptcy ("B") cases a report and recommendation referred to in (b)(3) is filed pursuant to the prior direction of a district judge, the report shall be assigned directly to the calendar of that judge. If in a contested matter within a bankruptcy ("B") case a motion for withdrawal of reference, or a report and recommendation, or an appeal, or a motion for leave to file an interlocutory appeal, or an application for a writ referred to in (b)(1) or (b)(2), respectively, is filed and a motion, report, appeal, motion for leave to file an interlocutory appeal, or application for a writ referred to in (b)(1) or (b)(2), was previously filed in the same contested matter and assigned by lot to a district judge, then the subsequent motion, report, appeal, motion for leave to file an interlocutory appeal, or application for a writ shall be assigned directly to the calendar of that judge. (d) Direct Assignment in Adversary ("A") Proceeding. If in an adversary ("A") proceeding a motion for withdrawal of reference, or a report and recommendation, or an appeal or a motion for leave to file an interlocutory appeal, or application for a writ referred to in (b)(1) or (b)(2), respectively, is filed and a motion, report, appeal, motion for leave to file an interlocutory appeal, or application for a writ referred to in (b)(1) or (b)(2) was previously filed in the same adversary ("A") proceeding and assigned by lot to a district judge, then the subsequent motion, report, appeal or motion for leave to file an interlocutory appeal, or application for a writ to be assigned shall be assigned directly to the calendar of that judge. (e) Direct Assignment Following Remand. If in any bankruptcy ("B") case or in any adversary ("A") proceeding a district judge enters an order, opinion, or memorandum remanding a matter before that judge to the bankruptcy court for further proceedings, then any subsequent motion, report, motion for leave to file an interlocutory appeal, or application for a writ with respect to the matter remanded shall be assigned directly to the calendar of that judge. (f) Relatedness. Where matters in the underlying bankruptcy case, or adversary proceedings associated with the underlying proceedings, or non-core proceedings associated with the underlying proceedings are pending on the calendars of two or more district judges, motions for relatedness may be filed to have the matters assigned to the calendar of one judge. The standards and procedures established by LR40.4 shall apply to such motions. For the purpose of determining the judge before whom such motion for relatedness should be filed, the term "lowest-numbered pending case" as used in LR40.4 shall refer to the petition initiating the bankruptcy case, the adversary proceeding, or the non-core proceeding with the earliest date and time of the filing with the bankruptcy clerk. The motion for relatedness shall include a listing of the dates and times of filing of each of the matters which movant is asking to be found related. Where a case is reassigned as related, it shall be treated on the same manner as a reassignment for relatedness pursuant to LR40.4 for the purposes of the equalization provisions of IOP11(b). (g) Designation Sheet. The person filing the petition for withdrawal of reference, report and recommendation, appeal, motion for leave to appeal, or application for a writ shall complete the designation sheet required by LR3.1 and shall include on the sheet a list of any associated bankruptcy cases, adversary proceedings, non-core proceedings, appeals or motions for leave to appeal, or application for a writ from such proceedings previously assigned to one or more district judges.

IOP15. Bankruptcy Matters

(a) Applicability of Procedures. These procedures expand upon the provisions of LR40.1(g). They apply only to the formation of the initial calendar of a new judge designated to sit in the Eastern Division. They are intended to assure that the initial calendar is a reasonable cross-section of the calendars of all of the judges in the Division. The exception to this goal is that no criminal cases shall be reassigned as part of the initial calendar. Instead, an additional number of civil cases equivalent to the number of criminal cases that would have been assigned shall be reassigned as part of the initial calendar. The incoming judge will be added to the Court's criminal case assignment system ninety (90) days from the entry of the initial calendar reassignment order so that the judge shall thereafter receive a full share of such cases. Should the incoming judge be a current Assistant United States Attorney, the judge will be added to the criminal case assignment system after 12 months. (b) Number of Participating Judges. In general each regular active judge on full assignment participates in the reassignment of cases to form an initial calendar for any newly appointed judge to the extent of one share. The chief judge and each participating senior judge participate to the extent of one share weighted by the proportion of new civil filings that judge currently receives. The chief judge routinely participates both in the reassignment of cases to form new calendars and in receiving cases reassigned when the calendar of another judge is eliminated or reduced. Usually, senior judges participate in the reassignment of cases to form new calendars only if (1) they are currently receiving a share of new filings and (2) they agree to receive reassignments in those instances where the calendar of another judge is eliminated or reduced. The Executive Committee will determine the participation of senior judges who are not currently receiving a share of new filings. For the purposes of these procedures, a senior judge is considered to be currently participating in the assignment of new cases unless there has been an order entered directing that the judge receive no new cases until further order of court. The total of the number of participating judges receiving a full share of new civil cases plus the total of the weighted shares of those participating judges receiving less than a full share of new civil cases shall constitute the total participating judge equivalencies. (c) Number of Pending Cases. The class value for the total number of cases to be reassigned to form the new calendar is the adjusted number of pending cases divided by the total participating judge equivalencies. The Executive Committee initiates the process by selecting the date on which the count of cases will be based. For the process of creating an initial calendar, the adjusted number of pending cases on calendars of regular active judges will be the total number of civil and criminal cases reported as pending on the calendars of the participating judges on the date selected by the Executive Committee including any pending petitions for leave to proceed in forma pauperis, but net of any higher-numbered related cases or cases assigned to a multidistrict litigation ("MDL") docket. Pending cases filed by persons in custody that are directly assigned pursuant to LR40.3(b) are to be treated as a related set. The adjusted number of pending cases for the chief judge and participating senior judges will be determined in the same manner as regular active judges but may be weighted to reflect lower participation in the assignment of new cases. The Case Management and Electronic Case Filing System ("CM/ECF") will serve as the source for information on the pending cases. The clerk will instruct the courtroom deputies assigned to the participating judge to submit a list of related cases shortly before the reassignment process is started. Failure to identify a case as a higher-numbered related case results in its remaining on the list used to select primary and secondary lists. Where it is subsequently discovered that a case on the primary or secondary list was a higher-numbered related case, it is removed from the list. The related set is not reassigned in such circumstances. If the case appeared on the primary list, the appropriate substitution from the secondary list is made. Cases pending before the chief judge and any of the senior judges participating are weighted on the basis of whether or not such judge retained his or her calendar on changing judicial status, i.e., on becoming chief judge or taking senior status, and the extent of such judge's current participation in the assignment of new cases. The weighting is fixed as follows: (1) each case is given a weight on 1.0, i.e., counted in full, under the following conditions: (A) civil cases where the judge disposed of a substantial proportion of his or her civil calendar on changing judicial status; and (B) criminal cases where the judge disposed of a substantial proportion of his or her criminal calendar on changing judicial status and the judge is currently receiving new criminal cases, or where the judge retained his or her pending criminal cases on changing judicial status but the judge is not currently receiving new criminal cases. (2) each case is given a weight equivalent to the current rate at which the judge participates in the assignment of new cases under the following conditions: (A) civil cases where the judge retained his or her calendar and the judge is currently receiving new civil cases; and (B) criminal cases where the judge retained his or her calendar of pending criminal cases on changing judicial status and the judge is receiving new criminal cases. The adjusted total number of cases pending before the participating regular active judges on full assignment and the weighted total of the number of cases pending before the chief judge and senior judges is the final adjusted grand total. The adjusted total number of judges participating in the process is the sum of the number of participating regular active judges on full assignment, plus the number of new judges for whom initial calendars are to be formed, plus a weighted total for the chief judge and participating senior judges, where the weight applied to each is that at which they are currently participating in the assignment of new civil cases. The class calendar size is derived by dividing the adjusted grand total of cases pending by the adjusted total number of judges participating. (d) Number of Cases to be Reassigned from Each Judge. The number of cases to be reassigned from each judge is calculated by dividing the class calendar by the sum of the number of participating regular active judges on full assignment plus the assignment equivalencies for the chief judge and participating judges. The result is rounded to the nearest integer. (e) Primary & Secondary Lists. The actual selection process is performed by a computer program. The following is a description of the steps involved: (1) A calendar list is prepared for each participating judge. The list contains the case numbers and short title of all of the civil cases other than MDL cases pending on that judge's calendar. Higher-numbered related cases are included on the list, but only for the purpose of identifying any cases associated with the lower-numbered lead case. Each related set is counted as one case for the purpose of the selection process. (2) The case numbers are sorted so that they are listed in case number order with the oldest case, i.e., earliest case number, first. (3) Cases that have previously been reassigned two or more times for any reason other than recusal, and cases that are motions to reduce sentence filed pursuant to 28 U.S.C. §2255 are included on the list in the position determined by their age and in the count of cases. However, such cases are flagged so that the computer can identify them as cases not to be reassigned. (4) The total, T, of the cases on the calendar list net of higher-numbered related cases is calculated. (5) An interval number, I, is computed by dividing T by the number of cases to be reassigned from the calendar ("R"). As T/R will rarely result in an integer and the interval must be an integer, only the integer portion of T/R is taken. (6) A primary start number, S1, is randomly selected from the set of numbers 1,2,3,...,(I-2),(I-1),I. The random number generator used to select S1 is such that each number in the set has an equal chance of being selected. (7) The primary lists consists of the S1th case, the ( S1 + I)th case, the ( S1 + 2I)th case, the ( S1 + 3I)th case,..., and the [ S1 + (R-1)I]th case, provided that if a flagged case is selected, e.g., one that was previously reassigned two or more times to form an initial calendar, the next lower-numbered case is then substituted. The computer keeps track of the cases so selected and flags them as they are selected. (8) A secondary start number, S2, is selected in the same manner as the primary start number, except that it must be a number other than the primary start number. (9) The secondary list is selected in a manner similar to that used to select the primary list. (10) If as part of the process of forming either the primary or the secondary list the case selected is a flagged case, e.g., a case previously reassigned two or more times as part of the formation of an initial calendar, the next lower-numbered unflagged case is selected. Should there be no lower-numbered unflagged case, the next higher-numbered unflagged case is selected. (f) Review of Primary& Secondary Lists. The primary and secondary lists are sent to each of the participating judges. The cases on the primary list are those cases to be reassigned to form the initial calendar of the new judge. However, a case may be withheld from the primary list under certain circumstances. Where a case is to be withheld, the case on the secondary list with the case number closest to that of the case to be withheld will be substituted. As the reasons for withholding apply to cases on both lists, both should be reviewed by the judge. Cases may be withheld from reassignment only if they meet one or more of the following conditions: (1) the case is closed and the J.S. 6 statistical closing form has been received by the central Clerk's Office; (2) the case has been reassigned to the calendar of another judge; (3) the trial has started or has been completed; (4) the case was remanded with instructions for action by the judge on whose calendar the case is pending at the time of the reassignment to form a new calendar; (5) the case is found not to meet the criteria for inclusion in the pool of cases used to prepare the primary and secondary lists (e.g., the case is part of an MDL, the proceeding is not statistically reportable as a civil case). In instances where a case is to be reassigned to a magistrate judge on consent of the parties, the case will be withheld from reassignment to the initial calendar only where the case has been transferred to the Executive Committee by the district judge from whose calendar the case is to be reassigned before the entry of the general order of reassignment. In addition, where the new judge is coming from private practice or a position with an organization or agency that might have filed cases in this Court, a search will be made of CM/ECF records to identify all cases that the law firm, organization, or agency has pending before the Court. These cases are flagged and are skipped during the process of selecting cases for the primary and secondary lists in the same manner as higher-numbered related cases. (g) Review of Substitutions. Whenever a case from the secondary list is to be substituted for a case on the primary list because the latter is to be withheld, the judge will indicate the reason the case is to be withheld. The Executive Committee shall decide whether or not a case is to be withheld in instances where it is unclear whether the reason given for withholding the case satisfies one or more of the conditions included in sections (e) and (f). (h) Closed Cases. Where a case selected for reassignment is closed before it is reassigned to the initial calendar, the case with the closest case number on the secondary list is substituted for the closed case. Closings taking place after the date the cases have actually been reassigned are credited to the calendar of the new judge regardless of which judge closed the case and no substitutions are to be made for the case. For the purposes of this section a case is considered closed when a J.S. 6 statistical reporting form indicating that the date of closing was prior to the date the new judge took office is received by the central Clerk's Office within a week of the date of closing. (i) Recusals by New Judge. Recusals in cases assigned to a judge as part of an initial calendar will be reassigned to the calendar of the judge from which it was reassigned. That judge may transfer to the Executive Committee for reassignment to the recusing judge a case requiring a like amount of judicial effort for disposition. Committee Comment. In a large multi-judge trial court that uses the random assignment process, the formation of the initial calendar of a new judge is a vital part of that process. Over the years the Court has adopted procedures that have steadily increased the randomness of the process. IOP16 and the Comment are based on these procedures. Because of the complexity of IOP16, the Comment is long. It has been broken into sections, each designated to correspond to the section of IOP16 being discussed. (a) Applicability of Procedures. IOP16 is intended to provide a new judge with a calendar that is an average of that pending before the other judges. It applies only to the Eastern Division because currently there is only one regular active judge assigned to the Western Division. Under these procedures cases are reassigned from the calendars of the sitting judges to form the initial calendar of the new judge. The process is timed so that the new calendar is ready when the newly appointed district judge enters on duty. Pursuant to LR40.1(b) "[t]he assignment of cases to calendars and judges and the preparation of calendars and supplements thereto shall be done solely under the direction of the Executive Committee by the clerk or a deputy clerk who is designated by the clerk as an assignment clerk." It is the usual practice for the Executive Committee to enter one order setting the process in motion and a second, following the selection, that specifies the cases to be reassigned to form the initial calendar. Any set of procedures used to create a new calendar by reassigning cases from existing calendars has to provide for (1) the total number of cases to be reassigned, (2) the number of cases to be reassigned from each of the participating calendars, (3) the method of choice, (4) criteria for exempting cases falling within specified statuses prior to the actual reassignment, and (5) provisions for handling the need to make adjustments following the actual reassignment. Practical considerations call for the elimination of cases falling within certain statuses. For example, it makes little sense to reassign a case that has been tried or a criminal case in which a guilty plea has been entered. The procedures provide for withholding cases in a limited number of such statuses. (b) Number of Participating Judges. For the purposes of these procedures, a judge who is not receiving cases due to the periodic calendar adjustment program (See IOP18) is treated as a regular active judge on full assignment. Similarly, a senior judge may participate in new civil assignments to the extent of a three-quarter share which is received through the judge getting a full share during nine months of the year and no new cases for the remaining three months of the year. This judge would be considered currently on assignment for the purpose of participating in the reassignment to form a new calendar even if not actually receiving cases at the time, provided that the order taking the judge's name off the wheel indicated that it was for a set period and the name would be returned at the end of that period. The following is an example of calculating the number of participating judge equivalents. 20 active judges participate in the process. Of these 17 are regular active judges on full assignment, one is a senior judge receiving a full share of civil cases, one is the chief judge receiving a one-half share of new civil cases, and one is a senior judge, also receiving a one-half share of new civil filings. The 17 regular active judges on full assignment and the senior judge receiving a full share of new civil cases each count as 1 participating judge equivalent. The chief judge and the senior judge receiving a one-half share of new civil filings each count as ½ of a participating judge equivalent. The 20 judges thus total 19 participating judge equivalencies, i.e., 17+1+½+½. (c) Number of Pending Cases. In order to arrive at an average calendar size, some adjustments need to be made to the total number of cases pending. The most obvious adjustment involves related cases. A condition for reassigning cases as related required by LR40.4(b) is that "the handling of both cases by the same judge is likely to result in a substantial saving of judicial time and effort," Accordingly, the Court has determined that each set of related cases should be treated as one case for the purpose of forming an initial calendar. In order that a related set have the same chance of reassignment as any other case, only the lowest-numbered case in the set is included in the totals and in the list from which cases are picked. If the lowest-numbered case in the set is selected, all of the cases in the set are reassigned. It is not unusual to discover that two or more of the cases in a related set were inadvertently included in the calendar list without the higher-numbered cases being flagged. This makes the likelihood that a related set will be selected greater than if the lowest-numbered case in the set is the only one listed. Where this has occurred and it is discovered that the higher-numbered case was selected for a primary or secondary list, the related set is not reassigned. A substitute is selected in a manner similar to that used where a case that is selected is closed before the reassignment. Where two or more case filed by a person in custody are pending on a judge's calendar and one or more of them was directly assigned to a judge's calendar pursuant to LR40.3(b), the cases are treated as a related set. Under the standards governing case statistics approved by the Judicial Conference of the United States a petition for leave to proceed in forma pauperis is not counted as a case. Such a petition is counted as a case for the purposes of selecting an initial calendar. Cases on MDL dockets are not included in the formation of an initial calendar because the handling of such a docket involves a degree of choice on the part of the judge. Traditionally, the regular docket reports circulated among the judges have separated MDL dockets from other civil cases. The weight accorded the pending cases of the chief or a senior judge is adjusted based on both the level of that judge's participation in new case assignments and the action that judge took with respect to his or her pending calendar at the time that judge became the chief or a senior judge. It is common practice for judges to reduce the size of their pending calendar on becoming chief judge or taking senior status by an amount equal to the rate at which they will participate in new assignments. For example, the chief judge generally receive a one-half share of new civil cases. It is common practice for a judge who becomes the chief judge to reduce his or her pending calendar by one-half on assuming the office of chief judge. Experience has shown that over time the number of cases processed by a judge correlates more strongly with the number of cases assigned to than the number pending before that judge. Accordingly, an adjustment is made to the calendars of the chief and participating senior judges that weighs each of their pending caseloads based on their current participation in the assignment process. For example, assume that initial calendars are to be created for two new judges from cases pending on the calendars of 17 regular active judges on full assignment in the Eastern Division, the chief judge, and two senior judges. Assume that the chief judge disposed of part of his calendar on becoming chief judge and receives a one-half share of civil case assignments and no criminal case assignments, that senior judge A retained her calendar on taking senior status and receives a full share of new civil case assignments and no criminal case assignments, and that senior judge B disposed of part of his calendar on taking senior status and receives a one-half share of civil case assignments and no criminal case assignments. If the adjusted total number of civil and criminal cases pending before seventeen regular active judges on full assignment at the end the month selected were 5,974, and 451 of these were higher-numbered related cases, the preliminary adjusted grand total would be 5,974 less 451 or 5,523. Assume that the chief judge has a pending civil calendar of 150 cases of which 10 were higher-numbered related cases, and that senior judges A and B have pending civil calendars of 250 and 130 cases of which 19 and 10, respectively, were, higher-numbered related cases. The preliminary grand total would be adjusted by adding 140, i.e, 150 less 10, to take the chief judge's participation into account plus 351, i.e., 380 less 29, for senior judges A and B, resulting in a final grand total of 6,014, i.e., 5,523 plus 491. The adjusted number of participating judges is 21, i.e., 17 for the regular active judges on full assignment, plus ½ each for the chief judge and senior judge B, plus 1 for senior judge A, plus 2 for the new judges. The class calendar would be 6,014 divided by 21, or 286.38. (d) Number of Cases to be Reassigned from Each Judge. In the example given above, the class calendar was 286.38 and the adjusted number of participating judges was 21. Of these two represented the new judge. Therefore, there were 19 judge equivalencies from whose calendars cases were to be reassigned. participating judge equivalencies other than the two new judges. 15 cases would be reassigned from the calendar of each judge on full assignment (286.93 divided by 19 equals 15.10. 15.10 rounded to the nearest integer is 15.) 7 cases would be reassigned from the calendar of the chief judge and a further 7 from the calendar of senior judge B as each receives a one-half share of new civil assignments. The total number of cases to be reassigned would be 284, i.e., 15 for each of the 17 regular active judges on full assignment, 7 for the chief judge, 15 for senior judge A, and 7 for senior judge B. (e) Primary & Secondary Lists. Two sets of cases are selected from the each judge's list of pending cases. The first set forms the primary lists and the second the secondary list. The selection process is a form of stratified random selection process that selects the cases randomly but evenly spaced. In this way the initial calendar has a mix of cases by age that is the average for the Court. (The case number, the variable used to arrange the cases on the calendar list, is an accurate indicator of case age.) The primary list is the list of cases intended to go to the new calendar. Experience has shown that there are always a small number of cases that for a variety of reasons--all specified in these procedures--should not be reassigned as part of an initial calendar. Accordingly, a secondary list is prepared using the same procedures as used to create the primary list. If a case on the primary list cannot be reassigned, then the case on the secondary list with the closest case number is substituted. (For purposes of these procedures the string of case numbers is assumed to be continuous so that the number following the last one assigned in year x is the first case number in year (x+1). This is rarely of importance where a new case is involved, the most likely situation as the process results in many relatively new cases being selected for reassignment. Where the "closest case number" involves an old case, however, the single number sequence approach provides a fair and uniform manner for determining which of two old cases should be substituted.) Subsection (e)(3) mentions two categories of cases which are included on the list and counted, but are not to be reassigned. These are motions to reduce sentence filed pursuant to 28 U.S.C. §2255 and cases that have previously been reassigned two or more times to form an initial calendar. §2255 motions are given a civil case number but are part of an underlying criminal proceeding. As the motions are assigned to the sentencing judge, reassignment is inappropriate. The restriction of the number of times a case can be reassigned to form an initial calendar is a compromise between the goal of providing the new judge with a calendar which is an accurately reflection of an average calendar and the need to keep disruptive reassignments to a minimum. Experience showed that without such a limit a large proportion of the oldest cases being reassigned had been reassigned more than three times to make up an individual calendar system. The Court agreed to limit the number of such reassignments to two per case. Subsections (e)(5) and (e)(6) establish the mechanism used to select cases. First an interval number, I, is selected. If the case count of a judge's calendar list is 293 and the judge is reassign 15 cases, then I will be 19. A start number, S, is randomly selected from the numbers 1,2,3,…,17,18,19. Assume that 11 was selected as S. Then the 11th and every 19th case thereafter will be picked from the calendar list. The last case will be the 277th. Because the interval number will rarely be an integer, there is a residual block of cases that has no chance of being selected. In the example given above, the 286th through the 293rd cases on the list have not chance of being selected. By definition this block of cases that have no chance of being selected must contain fewer than R cases. Furthermore, because of the way in which the selection process operates, the cases in this block are always the most recently filed cases on the calendar list. (f) Review of Primary & Secondary Lists. The criteria for cases that may be withheld from reassignment are quite specific. The conditions specified for each category must exist. Potentially meeting the conditions is not sufficient. For example, the parties may indicate to the judge that the case will settle shortly. However, it can be withheld as closed only when there is a closing order and a J.S. 6 has been filed in the central Clerk's Office. The reassignment of cases filed by the law firm or organization with which the new judge was recently associated would result in subsequent reassignments when the new judge entered recusals. For this reason they are, to the extent possible, identified and flagged as not to be reassigned. (g) Review of Substitutions. The procedure makes explicit that the Executive Committee has reviewing authority over any substitutions proposed by a judge. (h) Closed Cases. The process of creating calendars takes time. As a result, it is not unusual for some of the cases selected for reassignment to be closed by the judge from whom they are to be reassigned prior to the time of the reassignment. In such instances the case from the secondary list with the closest case number will be substituted for the closed case. As with subsection (f)(1), for a case to be considered closed under this section, the J.S. 6 statistical reporting form must have been received by the central Clerk's Office prior to the date of the reassignment or the date on which the new judge takes office, whichever is later. (i) Recusals by New Judge. Where the new judge enters a recusal in a case reassigned to form that judge's initial calendar, it is reassigned to the judge from whose calendar it came. This minimizes the disruption to parties. The judge receiving the case is authorized to send to the Executive Committee for reassignment to the new judge a case requiring similar judicial effort. Amended May 23, 2014, 11/06/2019

IOP16. Initial Calendar for New District Judge

(a) General; Applicability of IOP16. An initial calendar shall be prepared under the direction of the Executive Committee for any newly-appointed magistrate judge. The calendar shall consist of referrals in civil cases made pursuant to LR72.1 and IOP14 and civil cases reassigned on consent pursuant to LR73.1. No referrals in criminal cases or criminal cases assigned to a magistrate judge shall be included in an initial calendar. Except as provided in section (b), the provisions of IOP16 shall be followed in preparing the initial calendar for a magistrate judge. Referrals and cases reassigned on consent shall be treated as two separate categories and separate target numbers and primary and secondary lists shall be prepared for each category. For the purpose of preparing the initial calendar for a magistrate judge, references to a regular active judge in IOP16 shall be taken to mean sitting magistrate judge. Referrals in criminal cases shall be included in the count of cases used to determine the target value for the number of civil referrals to be reassigned to form the initial calendar. Similarly, criminal cases assigned to magistrate judges will be included in the count used to determine the target value for the number of consent cases to be reassigned to form the initial calendar. (b) Equalization and Initial Calendar Formation. The Executive Committee may use the formation of an initial calendar to equalize disparities in the calendars of magistrate judges. In the order directing the formation of an initial calendar for a magistrate judge the Executive Committee may direct that any of the following methods of determining the extent to which sitting magistrate judges may participate in the reassignment be used in lieu of the equal share participation rate established by IOP16: (1) the participation may be limited to the magistrate judges most in need of equalization; or (2) the participation may be based on the proportions of pending referrals or reassignments on consent rather than equal shares; or (3) the participation may be based on the proportion of referrals or reassignments on consent received over a specified time period rather than pending numbers; or (4) the participation may be based on such other method as the Executive Committee directs in order to achieve equalization of calendars among the magistrate judges. Regardless of the method used, the referrals and cases to be reassigned will be selected from the calendars of the participating magistrate judges by lot in accordance with the procedures set out in IOP16. Committee Comment. The calendar of a magistrate judge differs from that of a district judge in an important way. The calendar of a magistrate judge includes both referrals and cases reassigned on consent. The jurisdictional status of the latter is like that of the cases on the calendars of the district judges. The referrals, however, are simultaneously on the calendars of both a district and a magistrate judge. Accordingly, for the purpose of forming an initial calendar for a magistrate judge, the Court requires that referrals and reassignments on consent be kept separate. The initial calendar for the new magistrate judge will, therefore, involve two reassignment processes: one to select the referrals and the other to select the cases reassigned on consent. There is another area in which the assignment of cases and referral of matters to magistrate judges differs from the assignment of new cases to regular active district judges. The system of assigning cases to district judges is designed to assure that each regular active judge receives the same number of new cases over time as each of the other regular active judges. Each magistrate judge in the Eastern Division is designated an equal number of times. However, a designation is a potential referral or reassignment on consent, not an actual referral or reassignment. Whether or not a case is referred is a result of many factors, case complexity and the calendar management style of the referring district judge, being just two of the more obvious. As a result, there often arises a significant variance among the magistrate judges in the numbers of referrals they receive. As civil consent cases frequently arise out of referrals, a similar variance occurs in the reassignment of cases on consent. The formation of an initial calendar for a newly appointed magistrate judge provides and opportunity for the Court to address any calendar imbalances that have arisen among the magistrate judges because of variances in referral and reassignment rates. The default method of preparing an initial calendar is to use the procedures of IOP16 , i.e., the same system as that used to create the initial calendar of a new district judge. Under that system each magistrate judge would participate equally in the formation of the initial calendar. However, section (b) provides that the Executive Committee may depart from the equal participation approach of IOP16 and use the process of forming the initial calendar to equalize existing calendars. This may be done in one of four ways: (i) the participation may be limited to the magistrate judges most in need of equalization; or (ii) the participation may be based on the proportions of pending referrals or reassignments on consent rather than equal shares; or (iii) the participation may be based on the proportion of referrals or reassignments on consent received over a specified time period rather than pending numbers. The fourth alternative is simply a catch-all: "or by such other method as the Executive Committee directs in order to achieve equalization of calendars among the magistrate judges." Amended March 22, 2019

IOP17. Initial Calendar for New Magistrate Judge

(a) Participation. In order to participate in the program, a judge of the District must meet the following criteria: (1) The judge is a regular active judge. (2) The official duty station of the judge is Chicago. (3) The judge entered on duty a minimum of 60 months preceding the months during which the judge is to be removed from the assignment process as part of the program. (4) Where 2 or more judges are eligible to be removed from the assignment process under these procedures, they may agree to exchange scheduled adjustment periods for which they have been scheduled provided each of the judges is eligible to serve in the exchanged period. (b) Order of Judges Within a Cycle. Each year the Executive Committee will enter an order directing the clerk to remove judges from the assignment process for periods of 3 months. Each such order will establish a cycle of four periods. The order of participation in each cycle will be based on the following criteria: (1) Judges who have not previously participated in the calendar adjustment program shall be scheduled for the first period after they have met the eligibility criteria established in section (a) above. (2) If two or more judges who have not previously participated are eligible for the same period, the order of their participation shall be based on seniority. (3) The order of judges’ names for any remaining periods in a cycle will be based on the length of time since their last participation in the calendar adjustment program; i.e., the judge with the longest such interval will be assigned to the first available period. (c) Sequence of Name Confidential. In order to permit the judges to plan to take best advantage of the opportunities offered by the program, a tentative list for 3 years will be issued to each judge at the time a copy of the order implementing the current periods is adopted. However, because knowledge that a judge may be removed from the assignment process might be used to permit judge shopping, the sequence should not be publicized. (d) Exchanges of Periods. If 2 or more judges tentatively scheduled for the next year agree to change periods with other eligible judges as provided by subsection (a)(4), those involved should notify the chief judge so that the Executive Committee order can incorporate the agreement. (e) Emergency Judge Schedule. Where a judge’s emergency judge period would fall in a period during which the judge is scheduled to be removed from the assignment process under these procedures, the emergency judge assignment will be delayed to the next emergency judge period that falls outside of the non-assignment period. Committee Comment. The essence of the periodic calendar readjustment program is that a judge is taken off the assignment wheel for a period of three months after having an aggregate of at least four years on the assignment wheel. The program is designed to give each judge a three month period approximately every four years where the judge can schedule matters without the pressure of monitoring new cases and the work associated with new cases such as petitions for preliminary injunctions. The program only applies to the Eastern Division. In general, it has the effect of having one fewer judge on assignment at any point in time. Given that there are 21 judgeships authorized for that Division plus the active senior judges, the share of new cases of one judge divided among the remaining judges results in several additional cases per month for each of the others. The judges have agreed that the scheduling convenience permitted by the program outweighs the small increase in new assignments each receives when not off the wheel. The program was initially adopted at the judges’ meeting of 13 April 1989. It was subsequently amended at the judge’s meetings of 17 April 1995, June 29, 2000, and September 25, 2001.

IOP18. Periodic Calendar Adjustment Program (District Judges)

(a) Introduction. The periodic calendar adjustment program for magistrate judges provides for a magistrate judge not to receive new referrals in civil or criminal cases, new civil cases reassigned on consent of the parties, or new criminal misdemeanor cases for a period of three months after five years of service. (b) Participation. In order to participate in the program, a magistrate judge of the District must meet the following criteria: (1) The magistrate judge is a full-time magistrate judge. (2) The magistrate judge has not previously participated in the program and entered on duty sixty months preceding the months during which the magistrate judge is to be removed from the assignment process as part of the program. (3) The magistrate judge has previously participated in the program and an aggregate of fifty-one months (forty-eight months plus the three months of the previous adjustment period) has elapsed from the date the magistrate judge was last eligible to participate in the program. (4) Where two or more magistrate judges are eligible to be removed from the assignment process under these procedures, the magistrate judge who has previously been removed the fewest times under this program will be scheduled first. Where two or more magistrate judges are eligible to be removed from the assignment process under these procedures and each was previously removed the same number of times, the most senior magistrate judge will be scheduled first. (5) Where two or more magistrate judges are eligible to be removed from the assignment process under these procedures, they may agree to exchange scheduled adjustment periods for which they have been scheduled in accordance with (4) above provided each of the magistrate judges is eligible to serve in the exchanged period. (6) A magistrate judge may request to be removed from the assignment process during a period later than that for which the magistrate judge would be scheduled under these procedures provided that no magistrate judge is eligible for that later period. (c) Order of Magistrate Judges Within Cycle. From time to time, the Executive Committee will enter an order directing the clerk to remove magistrate judges from the assignment process for periods of three months. The first magistrate judge to be removed shall be the most senior magistrate judge who meets the criteria set out in (b) above. The second magistrate judge to be removed shall be the next most senior magistrate judge meeting the criteria, etc. (d) Sequence of Magistrate Judge Name Confidential. In order to permit the magistrate judges to plan to take best advantage of the opportunities offered by the program, a tentative list for three years will be issued to each magistrate judge at the time a copy of the order implementing the current periods is adopted. However, because knowledge that a magistrate judge may be removed from the assignment process might be used to permit magistrate judge shopping, the sequence should not be publicized. (e) Order of Executive Committee. The Executive Committee will enter an order annually covering the next four periods. If two or more magistrate judges tentatively scheduled for the next year agree to change periods with other eligible magistrate judges as provided by (b)(6) above, those involved should notify the Chief Judge so that the order can incorporate the agreement. (f) Conflicts Between Sabbatical and Magistrate Judge Assignment Cycles. A magistrate judge shall not serve as emergency magistrate judge, duty magistrate judge or federal enclave magistrate judge during a period when he or she is participating in the calendar adjustment program. (g) Referrals and Reassignments on Consent Where the Designated Magistrate Judge is on Sabbatical. Except as provided for in section (h) below, during periods when a magistrate judge is participating in the calendar adjustment program, referrals and reassignments in cases where the magistrate judges has been designated pursuant to LR72.1 shall be randomly referred or reassigned to another magistrate judge. The magistrate judge who receives a referral or case as provided for by this section shall become the designated magistrate judge in that case. (h) Subsequent Referrals and Reassignments on Consent in Cases with Pending Referrals. Where a referral is pending in a case before a designated magistrate judge and either the case is to be reassigned on consent or a subsequent referral is to be made in that case during the period when the magistrate judge is participating in the calendar adjustment program, the reassignment or referral shall be made to that magistrate judge. Similarly, where a referral is pending before a designated magistrate judge in one or more cases in a related set of cases and a referral is to be made in another case that is part of the related set during the period when the magistrate judge is participating in the calendar adjustment program, the referral shall be made to that magistrate judge. (i) Continuation of Designation at Filing. A magistrate judge who is participating in the periodic calendar adjustment program shall not be removed from the designation cycle provided for by LR72.1. (Adopted October 13, 2004 and March 22, 2019)

IOP19. Periodic Calendar Adjustment Program (Magistrate Judges)

IOP20. Consents to Proceed Before a Magistrate Judge

IOP23 through IOP24.

(a) Designation of the Emergency Judge. At all times there shall be at least one judge of the Court assigned to act as emergency judge and perform the duties specified in LR77.2. The emergency judge shall be a regular active judge of the Court other than the chief judge or a judge whose duty station is outside the Eastern Division, provided that the chief judge may designate a senior judge to serve as emergency judge if such senior judge consents. No judge shall serve as emergency judge within the six months immediately after taking the oath of office. The chief judge may also serve as emergency judge. There shall be two cycles for designating emergency judges: one for service during the summer sessions and the other for the balance of the year. Judges shall serve as emergency judge in order of seniority. No judge shall serve a second monthly term until all eligible judges have served a monthly term, nor shall any judge serve a second two week term until all eligible judges have served a two week term. The clerk shall maintain a record of the emergency judge periods served by each judge. (b)Terms of Service. The term of service of an emergency judge shall start at 12:01 A.M. on Monday and end at midnight on the Sunday immediately preceding the Monday starting the next term of service. The length of service shall be as follows: (1) during the summer sessions, i.e., the fourteen week period beginning the first Monday in June, the term shall be two weeks; and (2) during the balance of the year, the term shall be for one month starting with the first Monday of each month, provided that if the first Monday in September falls in the summer session, the September terms of service shall start with the second Monday in September. (c) Preliminary Assignment Schedules. By 1 April of each year the clerk shall prepare and circulate among the judges preliminary schedules of emergency judges: one for the summer sessions of that year and one covering the service periods from the end of that summer sessions to the start of the next summer sessions. In preparing a preliminary schedule the clerk shall list for the first service period the most senior of the eligible judges who have not yet served in the current service cycle, for the next service period, the next most senior judge, etc. The clerk shall, where appropriate, modify this initial listing, to take into account the following: (1) New judge exception: The clerk shall not schedule any newly appointed judge as emergency judge for at least 6 months after that judge takes the oath of office. After 6 months have expired, the Clerk shall schedule a newly appointed judge in the first available time period in the next Emergency Judge Schedule. Where there are two or more such judges, the clerk shall schedule them in order of seniority. This provision applies to both regular and summer Emergency Judge Schedules. (2) Recent service exception: Even though the judge is otherwise eligible, the clerk shall not include a judge in the preliminary schedule who served as emergency judge in the previous period for which the lists are being prepared, i.e., served as emergency judge in the last summer sessions where a schedule for the summer sessions is being prepared, or served as an emergency judge in the last regular set of service periods where a schedule for those periods is being prepared. The clerk shall re-schedule any judge covered by this exception to the first service in the preliminary lists for the next year. (3) IOP18(e) exception: If the service period for which a judge is initially scheduled falls within the period during which pursuant to IOP18 the judge is not receiving new assignments, the clerk shall list the judge in the first service period that starts after the IOP18 period ends. Within 14 days of the date on which the preliminary lists were circulated, any judges agreeing to switch with all or part of a service period for which the judges were scheduled shall so inform the clerk. The clerk shall modify the preliminary schedules accordingly. Within 21 days of the date on which the preliminary lists were circulated, the clerk will prepare and forward to the chief judge a draft of a general order setting out the modified preliminary schedule for emergency judges for the next summer sessions and for the next period between the end of that summer sessions and the start of the next summer sessions. (d) Formal Schedule Not Published. The order signed by the chief judge constitutes the formal schedule of emergency judge assignments for the period covered by the order. To minimize the potential for judge shopping, the formal schedule is not made public. At the beginning of each week the name of the emergency judge is made available for that week. (e) Adjustments to Schedule. Should two or more judges agree to change all or part of their service periods after the order fixing the schedule has been entered, they must notify both the chief judge and the clerk. Where the change involves more than a few days, an amended order will be entered incorporating the change. (f) Absence of Emergency Judge. In the event that the emergency judge will be out of town or otherwise unavailable, the emergency judge will arrange for another judge to act as emergency judge. Where such an arrangement is made, the emergency judge will promptly inform the chief judge and the clerk of the substitution. The chief judge may make such substitution if for any reason it has not been made and the scheduled emergency judge is unavailable. Where the designated emergency judge is unable to serve as emergency judge due to illness and an order is entered removing the judge from the assignment system due to the same illness, for the purpose of subsequent designations as emergency judge, the designated judge will be considered to have served as emergency judge during the designated period regardless of the amount of time, if any, the judge actually served. The judge or judges assuming the judge's duties will not normally receive any additional credit for the service unless one judge served for the entire period and the chief judge instructs the clerk to credit both the originally designated judge and the serving judge with the period. Amended March 13, 2009 and December 10, 2019

IOP25. Emergency District Judge

(a) Designation of the Emergency Magistrate Judge. At all times there shall be at least one magistrate judge of the Court assigned to act as emergency magistrate judge and perform the duties specified in LR77.2. Only a magistrate judge whose duty station is in the Eastern Division shall be assigned the duties of emergency magistrate judge. No magistrate judge shall serve as emergency magistrate judge within the six months immediately after taking the oath of office.(b) Terms of Service. The term of service of an emergency magistrate judge shall be two weeks. It shall start at 12:01 A.M. on Monday and end at midnight on the Sunday immediately preceding the Monday starting the next term of service.(c) Preliminary Assignment Schedules. The presiding magistrate judge in consultation with the other magistrate judges whose duty stations are in the Eastern Division shall be responsible for preparing a preliminary schedule of the assignments of emergency magistrate judge and federal enclave magistrate judge. These shall be prepared semi-annually in the form of an order to be signed by the chief judge on behalf of the Executive Committee. A copy of the schedule covering the period from the first Monday in July through the Sunday before the first Monday in January shall be delivered to the clerk by 1 May. A copy of the schedule covering the period from the first Monday in January through the Sunday before the first Monday in July shall be delivered to the clerk by 1 November. The clerk will place the preliminary schedule on the agenda of the next meeting of the Executive Committee scheduled after receipt of the preliminary schedules.(d) Formal Schedule Not Published. With the approval of the Executive Committee the chief judge shall sign an order establishing assignment of emergency and federal enclave magistrate judges. The order signed by the chief judge constitutes the formal schedule of emergency and federal enclave magistrate judge assignments for the period covered by the order. To minimize the potential for judge shopping, the formal schedule is not made public. At the beginning of each week the name of the emergency magistrate judge is made available for that week.(e) Adjustments to Schedule. Should two or more magistrate judges agree to change all or part of their service periods after the order fixing the schedule has been entered, they must notify the chief judge, the presiding magistrate judge, and the clerk. Where the change involves more than a few days, an amended order will be entered incorporating the change.(f) Absence of Emergency Magistrate Judge. In the event that the emergency magistrate judge will be out of town or otherwise unavailable, the emergency magistrate judge will arrange for another magistrate judge to act as emergency magistrate judge. Where such an arrangement is made, the emergency magistrate judge will promptly inform the chief judge, the presiding magistrate judge, and the clerk of the substitution. The presiding magistrate judge with the approval of the chief judge may make such substitution if for any reason it has not been made and the scheduled emergency judge is unavailable.

IOP26. Emergency Magistrate Judge

IOP27. Absence of Assigned Judge

IOP29. At-Large Members of the Seventh Circuit Judicial Council

(a) Separate Filing Area for Restricted Non-Electronic Documents. Where the court has permitted documents to be filed non-electronically, the clerk shall maintain restricted documents, sealed documents, and documents awaiting expunction as defined by LR26.2(a) separately from the files of documents to which access has not been restricted. Any area used to store documents to which access has been restricted shall be secure from entry by any persons other than the clerk or those designated in writing by the clerk as authorized to have access. The clerk shall designate in writing deputies authorized to accept restricted documents either from chambers or for filing pursuant to protective orders. Materials accepted as restricted pursuant to a court order authorizing non-electronic filing shall be maintained in a secure area until collected by one of the designated deputies. Where the materials so accepted are being filed pursuant to a protective order, the deputy accepting them will stamp the cover of the document with a FILED stamp indicating the date of filing. (b) Handling Sealed Non-Electronic Documents. Where the court has authorized the non-electronic filing of a document under seal, it is to be delivered for filing pursuant to LR5.8. Where under the terms of a protective order a party is permitted to inspect a sealed document that has been filed non-electronically and that party appears in the clerk's office and requests the document, one of the deputies authorized to handle restricted materials pursuant to section (a) shall obtain the document and provide an area where the person may inspect the document other than in the public area of the clerk's office. The deputy will complete a form showing the date, description of the document, the name of the person requesting access to the document, a statement indicating that the deputy has checked the protective order and it does indeed authorize the person to inspect the document, and a statement that the deputy requested of and was shown identification by the person requesting access to the document. Any person wishing to inspect the document must sign the form completed by the deputy to indicate that they are authorized to inspect the document. (c) Handling Sealed Electronic Documents Where a party who is authorized to inspect a sealed document that has been filed electronically appears at the clerk's office and requests the document, one of the deputies authorized access to such documents will complete the form described above, and provide access to the document to the requesting person in a non-public area of the clerk's office. (d) Grand Jury Records; Disposition. The clerk shall maintain documents, either electronic or non-electronic, arising out of or connected with grand jury proceedings separately from other restricted documents. The clerk shall designate in writing deputies authorized to accept grand jury documents for filing and authorized access to the area in which the documents are stored. Such non-electronic documents shall be maintained for not less than 10 years following the date of filing or entry if not related to a specific grand jury proceeding. Documents in proceedings assigned a grand jury number shall be maintained for at least ten years following the commencement of the proceeding as indicated by the GJ number. From time to time the clerk may petition the chief judge for leave to destroy documents arising out of or connected with grand jury proceedings. The petition shall contain a list of the GJ numbers for documents arising out of specific proceedings and a reasonable description of any documents other than those arising out of specific proceedings for which permission to destroy is sought. The clerk shall provide the United States attorney with a copy of the petition. If the United States attorney wishes to defer the destruction of some or all of the documents referred to in the petition, a written response to the petition setting forth the reasons for the requested deferral must be filed with the chief judge within 14 days of the date the copy of the clerk's petition was transmitted to the United States attorney. The chief judge may grant the petition for destruction, or direct that consideration of the destruction of some or all of the items specified in the petition be deferred for an additional year at the end of which the clerk may again petition for authority to destroy the documents. The petition for leave to destroy the documents, the response of the United States attorney, and any order of the chief judge dealing with the petition and response are, except as otherwise ordered, restricted documents. (e) Sanctions. Employees of the court are expressly forbidden to perform any of the following acts: (1) entering an area designated for the storage of restricted documents without the appropriate written authorization required by sections (a) or (c); (2) accessing restricted documents that are either electronic or non-electronic, when not specifically authorized to do so; (3) assisting any person who is not authorized access pursuant to sections (a) or (c) to restricted documents that are either electronic or non-electronic, to gain or to attempt to gain access to such restricted documents; (4) accepting for filing any restricted document that is either electronic or non-electronic, when not specifically authorized to do so pursuant to section (a); (5) permitting any person who is not specifically authorized to have access to a restricted document that is either electronic or non-electronic, to examine such a document, or to provide such a person with access to such a document; and (6) leaving a restricted document that is either electronic or non-electronic, unattended in an area other than one specified by this procedure such that persons not authorized access to the document could readily gain access to it; and (7) providing access to a restricted document that is either electronic or non-electronic, to any party who has not been approved for such access by the Court. Employees of the court who knowingly perform any of these acts may be subject to immediate dismissal. Persons who are not employees of the court who seek to coerce or induce any employee of the Court to perform any of these acts shall be punished by contempt of court. Amended July 6, 2011, November 6, 2019

IOP30. Restricted Documents

IOP31. Registry Account

IOP32. District Court Fund

IOP06. Designated Acting Chief Judge

IOP07. Magistrate Judge Extended Service Recall

(a) Certification of Conviction in Another Court. Upon being informed that an attorney admitted to practice before this Court has been convicted of any crime, the clerk shall determine whether the clerk of the court in which such conviction occurred has forwarded a certificate of such conviction to this Court. If a certificate has not been forwarded, the clerk of this Court shall promptly obtain a certificate and file it with this Court. (b) Discipline Imposed in Another Court. Upon being informed that an attorney admitted to practice before this Court has been subjected to discipline by another court, the clerk shall determine whether a certified or exemplified copy of the disciplinary judgment or order has been filed with this Court, and if not, the clerk shall promptly obtain a certified or exemplified copy of the disciplinary judgment or order and file it with this Court. (c) Conviction or Discipline in this Court. Whenever it appears that any person who is admitted to practice law in any other jurisdiction or before any other court has been convicted of a crime, or disbarred, or suspended, or censured, or disbarred on consent by this Court, the clerk shall, within 14 days of that conviction, disbarment, suspension, censure, or disbarment on consent, transmit to the disciplinary authority in such other jurisdiction, or for such other court— (1) a certificate of the conviction or a certified or exemplified copy of the judgment or order of disbarment, suspension, censure, or disbarment on consent, and (2) the last known office and residence addresses of the defendant or respondent. (d) ABA National Discipline Data Bank. The clerk shall promptly notify the National Discipline Data Bank operated by the American Bar Association of any order imposing public discipline upon any attorney admitted to practice before this Court. (e) Record of Disciplinary Actions. The clerk shall note the entry of an order imposing disciplinary sanctions or reinstating a disciplined attorney on the record of that attorney included in the index of attorneys admitted to the bar of this Court. Adopted June 2, 2011

IOP09. Duties of the Clerk in Attorney Disciplinary Proceedings

(a) Order of Assignment. Whenever the judge concludes that the assignment of counsel is warranted, the judge shall enter an order pursuant to 28 U.S.C. §1915(e) directing the assignment of counsel to represent the pro se party. The judge may specify in the order of assignment an area of expertise or preference so that the clerk may select a prospective assignee who indicated such area, if one is available. The order shall be transmitted forthwith to the clerk. If service of the summons and complaint has not yet been made, an order directing service by the United States marshal or by other appropriate method of service shall accompany the assignment order. The selection of a member of the panel for assignment pursuant to the assignment order will normally be made in accordance with section (e). However, the judge may determine that an assignment be made in any of the following manners: (1) Where the pro se party has one or more other cases pending before this Court in which counsel has been assigned, the judge may determine it to be appropriate that counsel assigned in such other case or cases be assigned to represent the pro se party in the case before the judge. (2) Where the judge finds that the nature of the case requires specific expertise and among the panel members available for assignment there are some with the required expertise, the judge may direct the clerk to select counsel from among those included in the group or may designate a specific member of the group. (3) Where the judge finds that the nature of the case requires specific expertise and none of the panel members available for assignment has indicated that expertise, the judge may assign counsel with the required expertise who is not on the panel. In order to assist the judge in determining whether or not to make a direct assignment under (1) of this section, the clerk shall provide on request the case number, case title, presiding judge, and name of counsel assigned of each case currently pending before the Court in which the pro se party has had counsel assigned. (b) Selection of Attorney to be Assigned. Except where another method of assignment is ordered pursuant to section (d), the clerk, on receipt of the order of assignment, shall select a name from the panel in the following manner: (1) Where the order specifies a particular area of expertise or a preference, the clerk shall select the first available panel member indicating such expertise or preference. If no such person is found, the next available person listed on the panel shall be selected. (2) Where the order does not specify any area of expertise or preference, the clerk shall select the first available person listed on the panel. (Adopted 06/02/11) Amended May 24, 2013

IOP08. Assignment of Pro Bono Attorneys in Civil Cases

IOP28. Guidance for the Chief Judge during a Judge’s Absence

IOP21. After-Hours Arrest Warrant

IOP22 Privacy in Social Security Opinions


Dispute	Click here for Alternative Dispute Resolution	Alternative Dispute Resolution (Western Division)	Alternative Dispute Resolution (Western Division)
Title	These are the Local Rules for Alternative Dispute Resolution Mediation in the United States District Court for the Northern District of Illinois, Western Division. They should be referred to as “ADR L.R. ........”	1-1. Title	1-1. Title
Purpose	(a) Purpose. The court recognizes that full, formal litigation of claims can impose large economic burdens on parties and can delay resolution of disputes for considerable periods. The court also recognizes that sometimes an alternative dispute resolution procedure can improve the quality of justice by improving the parties’ clarity of understanding of their case, access to evidence, and satisfaction with the process and result. The court adopts these ADR Local Rules to make available to litigants a court-sponsored ADR mediation process to provide quicker, less expensive, and potentially more satisfying alternatives to continuing litigation without impairing the quality of justice or the right to trial. Commentary The Alternative Dispute Resolution Act of 1998, 28 U.S.C. Sections 651-658, requires each federal district court to authorize by local rule the use of at least one ADR process in all civil actions. In accordance with § 651(c), the court has examined the effectiveness of its ADR programs and has adopted improvements consistent with the Act. (b) Scope. These ADR Local Rules became effective January 3, 2003, are revised as of May 27, 2016, and shall govern actions pending or commencing on or after the date revised. These rules supplement the Local Civil Rules of the court and, except as otherwise indicated, apply to appropriate original civil actions as determined by the court with the aid of the parties, but not including actions involving pro se litigants, mortgage foreclosures, social security, prisoner civil rights, student loan default, and bankruptcy appeals.	1-2. Purpose and Scope	1-2. Purpose and Scope
	(a) Staff and Responsibilities. Reserved.	2-1. ADR Unit	2-1. ADR Unit
	The Judges of the Western Division will designate a United States Magistrate Judge as the ADR Magistrate Judge. The ADR Magistrate Judge is responsible for working with the Clerk’s Office staff assigned to work on the ADR program, consulting with the mediators on matters of policy, program design and evaluation, education, training, and administration. The ADR Magistrate Judge shall rule on all requests to be excused from appearing in person at mediation sessions and hear and determine all complaints alleging violations of these ADR Local Rules. When necessary, the District Judge for the Western Division, to whom the case is assigned, will perform, temporarily, the duties of the ADR Magistrate Judge. When the term “court” or “judge” appears in the balance of these rules, the term includes the ADR Magistrate Judge.	2-2. ADR Magistrate Judge	2-2. ADR Magistrate Judge
	(a) Referral. Cases may be referred to the court’s mediation program by agreement of the parties or by the court at the time of entry of the case management order, as ordered by the court pursuant to Local Civil Rule 26.1. The case management order shall also specify the time frame in which the ADR process will be completed. The court may stay discovery for a reasonable period of time to facilitate the mediation process. A case not referred to mediation at the time of entry of the case management order may be referred to mediation at any time before trial by agreement of the parties or by order of the court. The court, in considering whether a case is appropriate for referral to mediation, will consider the likelihood that mediation will be beneficial, the burden imposed on the parties by mediation, the additional costs to the parties, and the recommendations of the parties. If the judge at the case management conference determines that mediation is not likely to deliver benefits to the parties sufficient to justify the resources consumed by its use, the judge will exempt the case from participating in any ADR process. Commentary These Rules are intended to reflect the consensus of the committee and the court that mediation become part of the case management process and that, like the case management process, there be flexibility in the use of Court annexed alternative dispute resolution. It is the intent of these Rules that the court, working with the parties, may refer cases to mediation at any time before trial, but most frequently, at the time of entry of the case management order. Additionally, the court should have the authority to stay (for reasonable periods) discovery or other litigation transactions to reduce the costs to parties and facilitate mediation. Alternatively, the court should be able, in appropriate cases, to stay the mediation process. Nothing in these Rules is intended to limit the court’s ability to conduct settlement conferences pursuant to Fed. R. Civ. P. 16. Further, the committee recommends that the Local Rules governing ADR in the Western Division be interpreted by the court with flexibility in allowing the parties the alternative of electing private avenues of alternative dispute resolution such as private arbitration or mediation. (b) Complementary Alternative Dispute Resolution. These Local Rules are not intended to limit the court or the parties from engaging in ADR outside of the court’s mediation program. The court will have the authority to engage the parties in accordance with Fed. R. Civ. P. 16. Additionally, the court may, at its discretion, allow the parties a reasonable opportunity to participate in private ADR. Private ADR proceedings are not subject to the enforcement, immunity, or other provisions of the ADR Local Rules. (c) Relief from Court Ordered Mediation. Any party whose case has been ordered to mediation may file with the ADR Magistrate Judge, within 14 calendar days of court ordered referral, a motion for relief from the court ordered referral. The party seeking relief must demonstrate that mediation would not be likely to deliver benefits to the parties sufficient to justify the resources consumed by its use and/or would impose an undue hardship upon the moving party and/or would unnecessarily increase litigation costs. The parties may e-file a joint motion under this Rule.	2-3. Referral to ADR Mediation Program	2-3. Referral to ADR Mediation Program
	(a) Panel. The Clerk’s Office will maintain a panel of mediators serving the court’s ADR mediation programs. Mediators will be selected from time to time by the court from applications submitted by lawyers willing to serve or by other persons as set forth below. The ADR Director and ADR Program Counsel may serve as mediators. The panel of mediators must be available on the website for the court at http://www.ilnd.uscourts.gov. (b) Qualifications and Training. Each lawyer serving as a mediator in a court ADR program must be a member of the bar of this court or a member of the faculty of an accredited law school and successfully complete initial and periodic training as required by the court. Additional mandatory minimum requirements for serving on the court’s panel include admission to the practice of law for at least 7 years and knowledge of civil litigation in federal court. Mediators must possess strong mediation skills and the temperament and training to listen well, facilitate communication across party lines, and assist the parties with settlement negotiations. Mediators who are not lawyers may also be selected to serve on the court’s panel of mediators if they have appropriate professional credentials in another discipline and are knowledgeable about civil litigation in federal court. The court may modify, in individual circumstances for good cause, all of the requirements of this paragraph. (c) Oath. Persons serving as mediators in any of the Court’s ADR programs are required to take the oath or affirmation prescribed in 28 U.S.C. § 453. The mediator is required to email the executed copy of the oath to ADR Coordinator. (d) Disqualification of Mediators. No person may serve as a mediator in a case in a court ADR program in violation of the standards set forth in 28 U.S.C. §455. (e) Immunities. All persons serving as mediators in any of the Court’s ADR programs are performing quasi-judicial functions and are entitled to the immunities and protections that the law accords to persons serving in such a capacity.	2-4. Mediators	2-4. Mediators
	Congress has mandated that the court’s ADR programs be evaluated. To facilitate evaluation of the programs, mediators, counsel, and clients must promptly respond to any inquiries or questionnaires from persons authorized by the Court. Responses to such inquiries will be confidential and will be used for research and monitoring purposes only	2-5. Evaluation of ADR Programs	2-5. Evaluation of ADR Programs
	After the filing of a civil case or its removal to the District Court, counsel must confer and attempt to agree on an ADR mediation process, including the selection of a mediator from the court’s panel of mediators as found on the court’s website at http://www.ilnd.uscourts.gov. At the initial case management conference before the court, counsel are expected to report to the court on whether agreement on court referred mediation has been reached and whether a mediator has been selected.	3-1. Meet and Confer to Select ADR Mediation Process	3-1. Meet and Confer to Select ADR Mediation Process
ADR	Unless otherwise ordered, and no later than the date specified in the case management order, the parties, through their attorneys, must e-file with the court a certification indicating: (a) each has read the Local Rules and pamphlet governing the court’s mediation program; (b) the attorneys have discussed with their respective clients the available dispute resolution options provided by the court and private entities; (c) an estimate of the fees and costs that would be associated with litigation of the matter, through trial, has been given to the client; and (d) When applicable, the mediator has been selected by the parties and the date of mediation or the other method of ADR selected is identified. This certification may be contained in the body of the CMO.	3-2. ADR Certification	3-2. ADR Certification
	If counsel are unable to agree on the selection of a mediator from the court’s panel of available mediators, the court shall assist the parties in the selection of a mediator.	3-3. Conference	3-3. Conference
	Mediation is a flexible, non-binding, confidential process in which a neutral person (the mediator) facilitates settlement negotiations. The mediator improves communication across party lines, helps parties articulate their interests and understand those of their opponent, probes the strengths and weaknesses of each party’s legal positions, identifies areas of agreement, and helps generate options for a mutually agreeable resolution to the dispute. A hallmark of mediation is its capacity to expand traditional settlement discussion and broaden resolution options, often by exploring litigant needs and interests that may be formally independent of the legal issues in controversy. Consistent with the principles of impartiality and party self-determination, a mediator may be expected, in appropriate cases, to offer the parties frank and confidential evaluations of the relative strengths, weaknesses, and risks of their respective cases.	4-1. Description	4-1. Description
	Appropriate civil cases may be referred to mediation by order of the judge following a stipulation by all parties, on motion by a party, or on the judge’s initiative.	4-2. Eligible Cases	4-2. Eligible Cases
	(a) Appointment. A list of mediators on the ADR panel will be maintained on the court’s website (http://www.ilnd.uscourts.gov) and, after agreement of the parties that the case should be referred to mediation or entry of an order referring a case to mediation, the parties should select a mediator or seek the assistance of the court in choosing a mediator for appointment as the mediator for the case. The mediator will conduct a conflict check to determine the absence of any conflicts. (b) Compensation. Mediators shall be compensated at their usual customary rates or such other rate that all parties agree to pay. Compensation of the mediator will be agreed upon by the parties and the mediator before mediation. If the parties fail to reach an agreement before mediation, the parties will share the cost of the mediator on a pro rata basis, or as determined by the Court. Mediators may charge for reasonable time used to prepare for mediation. No party may offer or give the mediator any gift. (c) Payment. All terms and conditions of payment must be clearly communicated to the parties. The parties may agree to pay the fee in other than equal portions. The parties shall pay the mediator directly.	4-3. Mediators	4-3. Mediators
	(a) Scheduling by Mediator. Promptly after being selected for a case, the mediator is responsible for arranging the pre-mediation conference under ADR L.R. 4-6 and, after consulting with all parties, fixing the date and place of the mediation within the deadlines set by paragraph (b) below, or the order referring the case to mediation. Counsel must promptly respond to and cooperate fully with the mediator with respect to scheduling the pre-session phone conference and the mediation session. (b) Deadline for Conducting Mediation. Unless otherwise ordered, the mediation must be held within 60 days after entry of the case management order or the order of referral, whichever is appropriate.	4-4. Timing and Scheduling the Mediation	4-4. Timing and Scheduling the Mediation
	(a) Motion Required. Requests for extension of the deadline for conducting a mediation must be e-filed to the ADR Magistrate Judge, with a paper copy to the the mediator (if selected). (b) Content of Motion. Such motion shall: (1) detail the considerations that support the request; (2) indicate whether the other parties concur in or object to the request; and (3) be accompanied by a proposed order, emailed to the proposed order e-mail, setting forth a new deadline by which the mediation must be held.	4-5. Request to Extend the Deadline	4-5. Request to Extend the Deadline
	The mediator may schedule a brief joint conference with counsel before the mediation session to discuss matters such as the scheduling of the mediation, the procedures to be followed, the nature of the case, which client representatives will attend, and if the ADR L.R. 4-7 written statements should be exchanged by counsel. Under appropriate circumstances, ex parte conferences with the parties before the mediation may be helpful. Such ex parte conferences may occur if all parties consent.	4-6. Contact with the Mediator before the Session	4-6. Contact with the Mediator before the Session
	(a) Time for Submission. No later than 10 calendar days before the first mediation session, or in the time established by the mediator, each party must submit directly to the mediator, a written mediation statement. The statement may be transmitted solely to the mediator. Whether the statement will be sent solely to the mediator, or exchanged by the parties, will be determined at the ADR L.R. 4-6 conference. (b) Prohibitions against Filing. The statements must not be filed. (c) Content of Statement. The statements must be concise, no more than five pages in length, and may include any information that may be useful to the mediator and, unless directed otherwise by the mediator: (1) identify, by name and title or status: (A) the person(s) with decision-making authority, who, in addition to counsel, will attend the mediation as representative(s) of the party, and (B) persons connected with a party opponent (including an insurer representative) whose presence might substantially improve the utility of the mediation or the prospects for settlement; (2) describe briefly the substance of the suit, addressing the party’s views of the key liability issues and damages and discussing the key evidence; (3) identify the discovery or motions that promise to contribute most to equipping the parties for meaningful settlement negotiations; (4) describe the history and current status of any settlement negotiations and provide any other information about any interests or considerations not described elsewhere on the statement that might be pertinent to settlement; and (5) include copies of documents likely to make the mediation more productive or to materially advance settlement prospects.	4-7. Written Mediation Statements	4-7. Written Mediation Statements
	(a) Parties. All named parties and their counsel are required to attend the mediation unless excused under paragraph (d) below. With the prior permission of the court, a party, or multiple parties represented by the same counsel, may appear through a representative so long as the party’s representative is authorized to negotiate settlement on behalf of the party. This requirement reflects the court’s view that the principal values of the mediation include affording litigants opportunities to articulate directly to the other parties and a neutral, their positions and interests and to hear, first hand, their opponent’s version of the matters in dispute. Mediation also enables parties to search directly with their opponents for mutually agreeable solutions. (1) Corporation or Other Entity. A party other than a natural person (e.g., a corporation or an association) satisfies this attendance requirement if represented by a person (other than outside counsel) who has the authority to negotiate settlement and who is knowledgeable about the facts of the case. (2) Government Entity. A unit or agency of government satisfies this attendance requirement if represented by a person who has, to the greatest extent feasible, authority to negotiate settlement, and who is knowledgeable about the facts of the case, the governmental unit’s position, and the procedures and policies under which the governmental unit decides whether to accept proposed settlements. If the action is brought by the government on behalf of one or more individuals, at least one such individual also must attend. (b) Counsel. The attorney of record for each party is responsible for being present with their client at the mediation. (c) Insurers. Insurer representatives are required to attend in person unless excused under paragraph (d) below, if their agreement would be necessary to achieve a settlement. (d) Request to be Excused. A person who is required to attend mediation may be excused from attending in person only after a showing that personal attendance would impose an extraordinary or otherwise unjustifiable hardship. A person seeking to be excused must submit, no fewer than 15 calendar days before the date set for the mediation, an electronically filed motion and supply a copy to the mediator. The motion shall: (1) set forth all considerations that support the request; (2) state realistically the amount in controversy in the case; (3) indicate whether the other party or parties join in or object to the request, and (4) be accompanied by a proposed order. (e) Participation by Electronic Means. A person excused from appearing in person at a mediation must be available to participate by electronic means.	4-8. Attendance at Session	4-8. Attendance at Session
	(a) Procedure. The mediation shall be informal. Mediators have discretion to structure the mediation so as to maximize the benefits of the process. (b) Separate Caucuses. The mediator may hold separate, private caucuses with each side or each lawyer or, if the parties agree, with the clients only. The mediator may not disclose communications made during such a caucus to another party or counsel without the consent of the party who made the communication.	4-9. Procedure at Mediation	4-9. Procedure at Mediation
	All materials exchanged and statements made as part of the mediation process conducted pursuant to these rules are confidential. The Court recognizes that Illinois’ Mediation Act conflicts with this aspect of the rules. Any mediation conducted under the auspices of this ADR Mediation Program govern, not the Illinois statute. Commentary See, Fed. R. Evid. 408; 28 U.S.C. § 652(d). Full and candid discussion is essential to successful resolutions in mediation. Such discussion is best supported by an assurance that mediation communications will be held in strictest confidence. The law may provide some limited circumstances in which the need for disclosure outweighs the importance of protecting the confidentiality of a mediation, e.g., threats of death or substantial bodily injury (see OR. Rev. Stat. Section 36.220(6); use of mediation to commit a felony (see Colo. Rev. Stat. Section 13-22-307); right to effective cross examination in a quasi-criminal proceeding (see Rinaker v. Superior Court, 62 Cal. App 4th 155 (3d. Dist. 1998)); lawyer duty to report misconduct (see In re Waller, 573 A.2d 780 (D.C. App. 1990)).	4-10. Confidentiality	4-10. Confidentiality
	If a mediation conference does not result in an agreed upon resolution of the case at the close of the mediation session, the mediator and the parties must jointly determine whether it would be appropriate to schedule a follow up session. Such follow up could include, but need not be limited to, written or telephonic reports that the parties might make to one another or to the mediator, exchange of specified kinds of information, or another mediation session. The mediator may, to the extent agreed upon by the mediator, the parties, and the court, stay involved in the case following mediation and up to the time of trial to continue to facilitate resolution.	4-11. Follow Up	4-11. Follow Up
	Within 14 calendar days of the close of each mediation session and on the form Certification of Session provided by the court, the mediator must email a report to ADR@ilnd.uscourts.gov indicating: the date the session was held, whether the case settled in whole or in part, whether any follow-up is scheduled, any stipulations the parties agree may be disclosed, and any other data necessary for the effective management of the program which would not violate expectations of confidentiality. Within the same 14 calendar days, if a settlement was reached, the mediator shall assist the parties in drafting a settlement agreement and a stipulation to dismiss which, once executed, is then electronically filed with the court.	4-12. Certification of Session	4-12. Certification of Session
	(a) Reporting Violation. (1) Complaints Alleging Material Violations. A complaint alleging that any person or party, including the mediator, has materially violated any of the ADR Local Rules shall be presented in writing directly to the ADR Magistrate Judge. Such a letter of complaint must be accompanied by a competent declaration. Copies of the letter of complaint and declaration must be sent contemporaneously to all other parties, the mediator (if identified) and the Clerk of Court. The letter of complaint and declaration shall not be filed in the case. (2) Report by Mediator. A mediator who perceives a material violation of these ADR Local Rules shall make a written report directly to the ADR Magistrate Judge and contemporaneously provide copies to all counsel and to the Clerk of Court. Such report shall not be filed in the case. (b) Proceeding in Response to Complaint or Report of Violation and Sanctions. If, upon receiving an appropriately presented and supported complaint or report of a material violation of these ADR Local Rules, the ADR Magistrate Judge must order a party to file a formal appropriate motion with the court, which will then be heard by the Executive Committee of the Northern District of Illinois. All parties will be allowed to participate at the hearing and present appropriate evidence.	4-13. Violation of the ADR Local Rules	4-13. Violation of the ADR Local Rules

Alternative Dispute Resolution (Western Division)

1-1. Title

1-2. Purpose and Scope

2-1. ADR Unit

2-2. ADR Magistrate Judge

(a) Referral. Cases may be referred to the court’s mediation program by agreement of the parties or by the court at the time of entry of the case management order, as ordered by the court pursuant to Local Civil Rule 26.1. The case management order shall also specify the time frame in which the ADR process will be completed. The court may stay discovery for a reasonable period of time to facilitate the mediation process. A case not referred to mediation at the time of entry of the case management order may be referred to mediation at any time before trial by agreement of the parties or by order of the court. The court, in considering whether a case is appropriate for referral to mediation, will consider the likelihood that mediation will be beneficial, the burden imposed on the parties by mediation, the additional costs to the parties, and the recommendations of the parties. If the judge at the case management conference determines that mediation is not likely to deliver benefits to the parties sufficient to justify the resources consumed by its use, the judge will exempt the case from participating in any ADR process. Commentary These Rules are intended to reflect the consensus of the committee and the court that mediation become part of the case management process and that, like the case management process, there be flexibility in the use of Court annexed alternative dispute resolution. It is the intent of these Rules that the court, working with the parties, may refer cases to mediation at any time before trial, but most frequently, at the time of entry of the case management order. Additionally, the court should have the authority to stay (for reasonable periods) discovery or other litigation transactions to reduce the costs to parties and facilitate mediation. Alternatively, the court should be able, in appropriate cases, to stay the mediation process. Nothing in these Rules is intended to limit the court’s ability to conduct settlement conferences pursuant to Fed. R. Civ. P. 16. Further, the committee recommends that the Local Rules governing ADR in the Western Division be interpreted by the court with flexibility in allowing the parties the alternative of electing private avenues of alternative dispute resolution such as private arbitration or mediation. (b) Complementary Alternative Dispute Resolution. These Local Rules are not intended to limit the court or the parties from engaging in ADR outside of the court’s mediation program. The court will have the authority to engage the parties in accordance with Fed. R. Civ. P. 16. Additionally, the court may, at its discretion, allow the parties a reasonable opportunity to participate in private ADR. Private ADR proceedings are not subject to the enforcement, immunity, or other provisions of the ADR Local Rules. (c) Relief from Court Ordered Mediation. Any party whose case has been ordered to mediation may file with the ADR Magistrate Judge, within 14 calendar days of court ordered referral, a motion for relief from the court ordered referral. The party seeking relief must demonstrate that mediation would not be likely to deliver benefits to the parties sufficient to justify the resources consumed by its use and/or would impose an undue hardship upon the moving party and/or would unnecessarily increase litigation costs. The parties may e-file a joint motion under this Rule.

2-3. Referral to ADR Mediation Program

(a) Panel. The Clerk’s Office will maintain a panel of mediators serving the court’s ADR mediation programs. Mediators will be selected from time to time by the court from applications submitted by lawyers willing to serve or by other persons as set forth below. The ADR Director and ADR Program Counsel may serve as mediators. The panel of mediators must be available on the website for the court at http://www.ilnd.uscourts.gov. (b) Qualifications and Training. Each lawyer serving as a mediator in a court ADR program must be a member of the bar of this court or a member of the faculty of an accredited law school and successfully complete initial and periodic training as required by the court. Additional mandatory minimum requirements for serving on the court’s panel include admission to the practice of law for at least 7 years and knowledge of civil litigation in federal court. Mediators must possess strong mediation skills and the temperament and training to listen well, facilitate communication across party lines, and assist the parties with settlement negotiations. Mediators who are not lawyers may also be selected to serve on the court’s panel of mediators if they have appropriate professional credentials in another discipline and are knowledgeable about civil litigation in federal court. The court may modify, in individual circumstances for good cause, all of the requirements of this paragraph. (c) Oath. Persons serving as mediators in any of the Court’s ADR programs are required to take the oath or affirmation prescribed in 28 U.S.C. § 453. The mediator is required to email the executed copy of the oath to ADR Coordinator. (d) Disqualification of Mediators. No person may serve as a mediator in a case in a court ADR program in violation of the standards set forth in 28 U.S.C. §455. (e) Immunities. All persons serving as mediators in any of the Court’s ADR programs are performing quasi-judicial functions and are entitled to the immunities and protections that the law accords to persons serving in such a capacity.

2-4. Mediators

2-5. Evaluation of ADR Programs

3-1. Meet and Confer to Select ADR Mediation Process

3-2. ADR Certification

4-4. Timing and Scheduling the Mediation

4-5. Request to Extend the Deadline

4-6. Contact with the Mediator before the Session

(a) Time for Submission. No later than 10 calendar days before the first mediation session, or in the time established by the mediator, each party must submit directly to the mediator, a written mediation statement. The statement may be transmitted solely to the mediator. Whether the statement will be sent solely to the mediator, or exchanged by the parties, will be determined at the ADR L.R. 4-6 conference. (b) Prohibitions against Filing. The statements must not be filed. (c) Content of Statement. The statements must be concise, no more than five pages in length, and may include any information that may be useful to the mediator and, unless directed otherwise by the mediator: (1) identify, by name and title or status: (A) the person(s) with decision-making authority, who, in addition to counsel, will attend the mediation as representative(s) of the party, and (B) persons connected with a party opponent (including an insurer representative) whose presence might substantially improve the utility of the mediation or the prospects for settlement; (2) describe briefly the substance of the suit, addressing the party’s views of the key liability issues and damages and discussing the key evidence; (3) identify the discovery or motions that promise to contribute most to equipping the parties for meaningful settlement negotiations; (4) describe the history and current status of any settlement negotiations and provide any other information about any interests or considerations not described elsewhere on the statement that might be pertinent to settlement; and (5) include copies of documents likely to make the mediation more productive or to materially advance settlement prospects.

4-7. Written Mediation Statements

(a) Parties. All named parties and their counsel are required to attend the mediation unless excused under paragraph (d) below. With the prior permission of the court, a party, or multiple parties represented by the same counsel, may appear through a representative so long as the party’s representative is authorized to negotiate settlement on behalf of the party. This requirement reflects the court’s view that the principal values of the mediation include affording litigants opportunities to articulate directly to the other parties and a neutral, their positions and interests and to hear, first hand, their opponent’s version of the matters in dispute. Mediation also enables parties to search directly with their opponents for mutually agreeable solutions. (1) Corporation or Other Entity. A party other than a natural person (e.g., a corporation or an association) satisfies this attendance requirement if represented by a person (other than outside counsel) who has the authority to negotiate settlement and who is knowledgeable about the facts of the case. (2) Government Entity. A unit or agency of government satisfies this attendance requirement if represented by a person who has, to the greatest extent feasible, authority to negotiate settlement, and who is knowledgeable about the facts of the case, the governmental unit’s position, and the procedures and policies under which the governmental unit decides whether to accept proposed settlements. If the action is brought by the government on behalf of one or more individuals, at least one such individual also must attend. (b) Counsel. The attorney of record for each party is responsible for being present with their client at the mediation. (c) Insurers. Insurer representatives are required to attend in person unless excused under paragraph (d) below, if their agreement would be necessary to achieve a settlement. (d) Request to be Excused. A person who is required to attend mediation may be excused from attending in person only after a showing that personal attendance would impose an extraordinary or otherwise unjustifiable hardship. A person seeking to be excused must submit, no fewer than 15 calendar days before the date set for the mediation, an electronically filed motion and supply a copy to the mediator. The motion shall: (1) set forth all considerations that support the request; (2) state realistically the amount in controversy in the case; (3) indicate whether the other party or parties join in or object to the request, and (4) be accompanied by a proposed order. (e) Participation by Electronic Means. A person excused from appearing in person at a mediation must be available to participate by electronic means.

4-8. Attendance at Session

4-9. Procedure at Mediation

4-10. Confidentiality

4-11. Follow Up

4-12. Certification of Session

4-13. Violation of the ADR Local Rules

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