United States District Court - Northern District of Illinois

General Rules

Rules 2.30 To 2.39 Reassignments And Transfers

Rule 2.30 Reassignments And Transfers Of Cases For Reasons Other Than Relatedness

A. Reassignments and Transfers for Purposes of Coordinating or Consolidating Pretrial in Cases Involving 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 the judge or judges upon whose calendars such cases appear of the proceedings in the other district or districts. The judge or judges before whom such cases are pending will, when so informed, transfer said case or cases to the calendar of the Executive Committee. The Committee will thereupon reassign the cases to such judge of the Court as it may determine for the purpose of hearing and determining any and all motions in connection with such multidistrict 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 multidistrict discovery, provided that in those instances where the transfer of cases to other districts is being considered by the Panel for MultiDistrict Litigation, the cases shall not be transferred until such time as the Panel has made its determination.

Cases reassigned to the calendar of a judge under this Rule 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 or, if that judge is no longer sitting, by lot.

B. Fugitive Calendar

(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 or magistrate determines that a defendant is fugitive, the judge or magistrate to whom the case is assigned shall transfer the defendant to the Fugitive Calendar of the Executive Committee. 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 or magistrate determines that the presence of the fugitive defendant in such multiple defendant case is required for the trial of the nonfugitive defendants, and an order is entered to that effect, the fugitive defendant shall remain on the calendar of the judge or magistrate.

(2) Procedures for removing cases from the Fugitive Calendar

Where a defendant on the Fugitive Calendar is arrested or appears and the judge or magistrate to whom his/her 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 said judge or magistrate. If that judge or magistrate 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 or magistrate 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 filing of an indictment or information the judge approves a deferred prosecution for one or more of the defendants 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 advisable.

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 assignment 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 a senior judge in specified assignment blocks in a ratio not to exceed onehalf that of the frequency with which the name of a regular active judge appears and it may order 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.

D. Task Force Calendar

(Vacated 3 May 1993)

E. 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.

F. Reassignments Resulting from General Rule 44

Any cases reassigned according to the provisions of General Rule 44 of the Rules of this Court shall be treated by the receiving judge as if it were assigned as a new case and will not entitle the receiving judge to transfer a case to the Executive Committee for reassignment to the transferring judge.

G. Limited Reassignments for Purposes of Coordinated Pretrials in Complex Cases Not Involving MultiDistrict 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 (i) are not related within the meaning of Rule 2.31 of these Rules or (ii) are related within the meaning of Rule 2.31(a) but reassignment is not appropriate under Rule 2.31(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.

H. Recusals

(1) General Procedures. Except as otherwise provided in this Rule, 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. The judge receiving the case shall promptly determine if a recusal must be entered. Where such subsequent recusal is entered, the judge shall promptly transfer the case back to the Committee. The Committee shall thereupon direct the Clerk to reassign the case by lot to a judge other than those previously entering recusals. Where the judge receiving the case on reassignment does not enter a recusal, he/she 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 below, the judge entering the recusal may request that in lieu of receiving a like case in return from the receiving judge, the recusal be made part of the calendar equalization set out in (3) below. 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 which represents or is one of the parties to the case; and

(b) cases in which one of the parties is or is represented by a law firm with which the judge was associated within the previous five years.

(3) Equalization Procedures. The clerk shall maintain a record of all instances where the Executive Committee authorized equalization in lieu of receiving a case following a reassignment based on a recusal. The clerk shall also maintain a record of any assignment cards skipped over in the process of reassigning the case because the judge's name on the card skipped was a judge who could not receive the case because he/she had entered a recusal. The clerk shall periodically report to the Executive Committee on the number of equalization cards needed. An equalization of cases shall be made as part of the equalization provided for in Rule 2.31 F of these Rules.

I. Other Reassignments and Transfers

If a case is transferred to the Executive Committee for any reason not otherwise provided for in these Rules 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.

J. Calendar of Short Civil Trials

(1) The following definitions shall apply to section J:

(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 F.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 General Rule 1.72 E.

(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.