In-Chambers Conference

Properly prepared motions for summary judgment require considerable Court and attorney time and client expense. Sometimes such motions are unnecessarily filed. A careful examination of the record prior to filing may reveal contested factual issues making the granting of the motion impossible.

Therefore, no early summary judgment motions shall be allowed without prior leave before the close of all discovery, including expert discovery. It is much more efficient to consider all summary judgment issues at the end of all discovery. The motion for permission must explain why it is sensible to proceed with summary judgment mid-discovery. Also, the proponent should consider that it is almost always wasteful to have two rounds of summary judgment, that is, one round after fact discovery and a second after expert discovery. It is likely the Court may hold an in-chambers conference (as discussed below) to discuss the uncontested facts if it is considering allowing an early summary judgment motion.

In many cases after fact discovery has closed, it is helpful for the Court to hold an informal, off-the-record discussion in chambers with the lead attorneys to discuss whether the filing of a summary judgment motion is advisable given the state of the record. No written submissions should be made prior to the conference. The party who wishes to seek summary judgment should be prepared to point out the uncontested facts that support the relief being sought, and the opposing party should be prepared to speak to whether in fact those facts are contested. This conference should be scheduled with the Courtroom Deputy before any substantive work is done preparing the motion. No party will ever be prevented from filing a dispositive motion, but the goal of the in-chambers conference is to have a careful, informed discussion of the issues before significant time and expense have been incurred.

In some cases, the Court may determine that an in-chambers conference would not be helpful. Parties, however, should always inquire with the Court prior to filing a summary judgment motion.

Parties should consider Smith v. OSF HealthCare System, 933 F.3d 859 (7th Cir. 2019), before seeking leave to file a motion for summary judgment prior to the close of discovery.

 Motions for Summary Judgment

The Court requires strict compliance with Local Rule 56.1 in the briefing of all summary judgment motions (except Social Security cases) in consent cases before Judge Holleb Hotaling.

Judge Holleb Hotaling disfavors motions to strike all or portions of an opposing party’s Rule 56.1 submission. Under all but the most extraordinary circumstances, if a party contends that its opponent has included inadmissible evidence, improper argument, or other objectionable material in a Rule 56.1 submission, the party’s argument that the offending material should not be considered should be included in its response or reply brief, not in a separate motion to strike.  The matter will then be considered by the Court when it renders a decision on the matter.

All statements of undisputed material facts offered by the moving party under Local Rule 56.1(a)(3), or statements of additional facts offered by the opposing party under Local Rule 56.1(b)(3)(C), must list the facts in short, numbered paragraphs that refrain from argument.  Argument must be reserved for the moving party’s memorandum of law.  Each numbered fact statement must contain a specific citation to affidavits, depositions or other materials that support the fact statement, as well as to the tab(s) in the compendium where those materials may be found.  Failure to provide support for a statement of fact may result in that alleged “fact” being disregarded.  Friend v. Valley View Community Unit School Dist. 365U, 789 F.3d 707, 710-11 (7th Cir. 2015).

In accord with Local Rule 56.1, absent prior leave of Court, a movant shall not file more than 80 separately numbered statements of undisputed material fact, and a party opposing a summary judgment motion shall not file more than 40 separately numbered statements of additional facts under Local Rule 56.1(b)(3)(C).

A complete courtesy copy of all summary judgment filing and supporting materials, including the compendium of exhibits – as required by Local Rule 56.1(a)(1)-(3) – or in opposition to the motion, including exhibits – as required by Local Rule 56.1(b)(1)-(3) – must be delivered to Judge Holleb Hotaling’s Chambers the next business day following the CM/ECF filing. The parties should not submit a cover letter with their courtesy copy.