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General Status and Motion Practice

Status hearings are held on Tuesdays and Thursdays.  Civil statuses are heard at 9:00 a.m. and criminal statuses are heard at 11:00 a.m.

The Court hears civil motions on Tuesdays and Thursdays at 10:00 a.m.  The Court hears criminal motions on Tuesdays and Thursdays at 11:00 a.m.  Counsel or a party must appear in person for the presentment of a motion.  Every motion must be noticed for presentment on a specific date in accordance with Local Rule 5.3(b) except for those motions specifically identified in the Court’s standing order on Agreed Motions.  The Court will deny without prejudice any motion not properly noticed for presentment.  See Local Rule 78.2.  Noticing a motion for presentment telephonically does not get around the Court's requirement that motions be presented in person.

Counsel must arrive on time to Court.

On occasion, in the Court's discretion and at the Court's order, civil statuses may be held telephonically if the circumstances of the case allow for a telephonic status. Moreover, on occasion, in the Court's discretion and at the Court's order, in the appropriate circumstances, the Court will allow the parties to file written status reports, rather than appearing at a status hearing.  During a telephonic status hearing, counsel shall not operate motor vehicles or heavy machinery during the call.  Likewise, during telephonic status calls, counsel should be in a quiet location.  By way of example, a hallway in the Daley Center and counsel’s children’s day care are not considered quiet locations.

Motions must be filed three (3) business days before presentment, absent a true emergency.  A courtesy copy of all motions must be delivered to Operations Specialist Yvonne Pedroza in Room 2200 at least 48 hours before the time of presentment.  If moving counsel is aware that there is no objection to the motion, or that the motion is agreed, that information must be stated in the title and body of the motion.

Parties must include with their motion or any supporting memorandum copies of any authority that is published only on an electronic database, such as Westlaw and Lexis.  Copies of that authority must be legible.  Absent leave of Court, all motions and memoranda of law must comply with the 15-page limitation set forth in Local Rule 7.1.  Parties must also ensure that a motion or memorandum is double spaced.  Line spacing of 1.5 is no longer permitted under the Local Rules.  The Court requires compliance with Local Rule 5.2, which requires that a judge’s copy must be bound on the left side and must have protruding tabs for exhibits, and further requires a list of exhibits if more than one exhibit is attached.

The Magistrate Judge will not hear or consider any discovery motion unless there has been a 'meet and confer' meeting between the parties. Any motion for discovery or production of documents, shall state when and how the movant complied with the meet and confer meeting.  Local Rule 37.2.

If a party is seeking to enforce a subpoena on a non-party, the party must provide notice of the motion to that non-party.

Except for discovery motions involving privilege issues, the Court will generally rule on discovery motions on the day of presentment after argument and without further briefing.  But nothing prevents a party from filing a written response to a discovery motion before the motion is set for presentment.

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.

Discovery issues, including motions to extend discovery, must be presented to the Court before the close of discovery.  Sulfuric Acid Antitrust Litigation, 231 F.R.D. 331, 332 (N.D. Ill. 2005).  Indeed, the Court might not consider discovery issues long known to the parties but not brought to the Court's attention until the eve of the close of discovery.  Haviland v. Catholic Health Initiatives-Iowa, 692 F. Supp. 2d 1040, 1044 (S.D. Iowa 2010).

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.