Meet and Confer Obligations for All Motions

The meet and confer requirement can have the same effect on other disputes that it has in connection with discovery disputes. A candid discussion between the parties prior to filing motions to dismiss, motions for summary judgment, and motions in limine, among others, can limit the scope of such motions or eliminate the need for them to be filed at all. (Summary judgment motions are separately addressed on the Court’s webpage.)

Accordingly, the Court therefore incorporates the requirements of Local Rule 37.2 to all motions that are not joint motions, agreed motions, or unopposed motions. Each motion must state with specificity when and how the movant complied with Local Rule 37.2 by separate certificate filed with the motion and attested to by the attorney.

Parties are reminded that compliance with Local Rule 37.2 requires a good faith effort to resolve disputes through communications and negotiations that take place in person or over the telephone. The Court believes face to face communications are the most effective way to resolve disputes and requires counsel for parties to meet in person or video conference unless it is impracticable to do so. The Rule 37.2 Certificate must state with particularity that this requirement has been met or why it cannot be met. The mere exchange of correspondence will not be sufficient to comply with Local Rule 37.2. Parties who fail to indicate that they have met in person to attempt to resolve their dispute risk having their motion stricken.

Parties are forewarned that if the parties’ inability to be reasonable and compromise results in the filing of excessive motions, the Court may impose additional meet-and-confer requirements on the parties, such as the presence of a court reporter at all meet-and-confer sessions, with the parties to equally share the cost of the court reporter.

Joint/Agreed/Unopposed Motions

Joint, unopposed, 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.

Motions for Extension of Time

A motion for extension of time shall prominently identify the current deadline. In addition, the motion must indicate (i) the reason for the extension request, and (ii) the number of previous extensions.

Exhibits

For any motion with three or more exhibits, the first attachment exhibit before the substantive exhibits should be a table of contents of all exhibits.

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.

Parties citing a deposition transcript in a brief should submit only the cited excerpts in hard copy in the condensed format; the Court does not want hard copies of entire deposition transcripts. The Court prefers all documents to be printed on 3-hole punched paper and binder-clipped if more than 5 pages.

If Motions Become Moot

Counsel should call Judge McNally’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 (312-435-5858).

Format for Motions and Briefing

Discovery-related Motions

Disputes Arising During Depositions