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Motion Practice

Requirements

Before filing a motion, the movant's counsel must ask opposing counsel whether there is an objection to the motion.  Joint, uncontested, and agreed motions should be so identified in both the title and the body of the motion. If there is an objection, the movant must note that fact in the body of the motion and include an agreed briefing schedule with the motion if at all possible.

 

Motions for extension of time shall indicate (i) the reason for the request, and (ii) the number of previous extensions.  Discovery cutoff dates generally will not be reset except by written motion.

 

Motions should not be noticed for presentment in accordance with Local Rule 5.3(b).  The Court will review the motion and determine the appropriate briefing schedule (if any), and whether a hearing is necessary. A hearing is presumptively necessary in cases involving pro se parties.  If the Court determines a hearing is necessary, it will be schedule by chambers and will either be in person or by telephone depending on the circumstances.

  

Format

The Court follows the 15-page limit on briefs as set forth in Local Rule 7.1.  The 15-page limit also applies to motions that operate as a party’s brief   Reply briefs may not exceed 10 pages without leave of court upon a showing of good cause.

 

All electronically-filed motions and supporting briefs must be generated by printing to PDF from the original word processing file so that the text of the motion is searchable.  In other words, parties should not print a paper copy of the document and then scan it to create a PDF version to be filed.  This type of PDF is not searchable. The scanning method may be used only for exhibits and appendix or reference materials.

 

The Court prefers that citations to unpublished opinions be Westlaw citations.  To the extent possible, briefs and other filings (such as Rule 56.1 statements of fact) should cite exhibits by the ECF docket number and page, not exhibit number. 

 

 

Courtesy Copies

Courtesy copies are required if the electronic filing (including exhibits) exceeds 40 pages.  The courtesy copy should always be printed from ECF after electronic filing so that the copies include the ECF header.  Courtesy copies should be printed on both sides of the paper whenever possible.

 

Parties citing a deposition transcript in a brief should submit only the cited excerpts in hard copy in the condensed format since the Court does not want hard copies of entire deposition transcripts.  The Court prefers documents to be stapled rather than bound on the left hand side, unless the size of the document makes use of a staple impossible.

 

 

If Motions Become Moot

Counsel should call Judge Finnegan's chambers as soon as possible if the parties resolve an issue that is scheduled for argument or is under consideration by the judge.  After normal business hours counsel may leave a message on the chambers' voicemail system (312-435-5657).


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