Plaintiffs in cases alleging counterfeit products and joining many defendants should use the form proposed orders linked below to assist the Court in reviewing motions for: (1) temporary restraining orders; (2) preliminary injunctions; and (3) default judgments. Plaintiffs should create a redline comparison of their proposed order against the relevant form proposed order and submit that redline comparison along with their proposed order to the Court's proposed-order email box. A proposed order's conformity with the form does not imply that the associated motion will be granted. Plaintiffs should be prepared to explain any differences.

Form of Proposed Temporary Restraining Order
Form of Preliminary Injunction
Form of Default Judgment

At the appropriate time, the Court will issue an order setting dates by which the parties shall (1) confer regarding case status, possible settlement, and a proposed discovery schedule; and (2) file an initial status report and proposed discovery schedule.  The Court will then enter a scheduling order.  

Status hearings are heard Mondays, Wednesdays and Thursdays at 10:30 A.M.

Attorneys preparing for a settlement conference are directed to read and comply with the court’s standing order: STANDING ORDER OF JUDGE RONALD A. GUZMAN SETTING SETTLEMENT CONFERENCE

Before filing a motion for an extension of time, the movant’s counsel must ask opposing counsel whether there is an objection to the motion, and the movant must note in the body of the motion whether there is an objection. 

 

If the case involves more than one defendant represented by different counsel, counsel for defendants are encouraged to file joint briefs and exhibits or adopt parts of a co-defendant's brief. The parties are reminded that redundant and uncoordinated briefing may be stricken. 

In most cases the court will hear arguments on discovery motions and rule from the bench after oral arguments without formal briefings. Counsel should come prepared to argue the motion at that time. After initial oral argument the court may, if the issues warrant it, set a briefing schedule.

If cross motions for summary judgment are to be filed the following briefing schedule will apply. Defendant's summary judgment motion will be due on the dispositive motion filing deadline. Plaintiff's combined cross motion and response to defendant's motion shall be due three (3) weeks thereafter. Defendant's reply in support of its motion and response to plaintiff's cross motion shall be due three (3) weeks thereafter. Plaintiff's reply in support of its cross motion shall be due three (3) weeks thereafter. Each successive due date shall be measured from the date of the previous filing. Ruling to be by mail. Failure to coordinate and/or adhere to these instructions may result in striking of motions.

Parties who submit deposition testimony on summary judgment must file the entire deposition transcript(s), preferably in a condensed format.  All deposition exhibits also must be attached. 

Final pretrial orders shall contain all of the required items set forth in the final pretrial order appended to the standing order establishing pretrial procedure adopted pursuant to Local Rule 16.1, as well as: (1) one set of jury instructions, verdict forms and special interrogatories, if any, from each party; (2) an agreed statement or statements by each party of the contested issues of fact and law and a statement or statements of contested issues of fact or law not agreed to; and (3) waivers of any claims or defenses that have been abandoned by any party.  For non-jury trials, the Court also requires the following: (1) a trial brief from each party; (2) proposed Findings of Fact and Conclusions of Law from each party; and (3) a joint statement of stipulated or agreed proposed Findings of Fact and Conclusions of Law, if any.

Requirements for Jury Instructions

As noted, the parties shall submit one set of numbered proposed jury instructions with the pretrial order.  If the instruction is agreed between the parties, it shall be labeled “Agreed Proposed Instruction 1,” and so on.  To the extent a particular instruction is not agreed, the Plaintiff’s proposed instruction (so designated) shall be included first with the Defendant’s objection (so designated) immediately following.  Any proposed instructions that are not agreed must include, at the bottom of the instruction, citations to authority (i.e., pattern jury instruction, case law, etc.) supporting that party’s version.  If one party wants to include an instruction that does not have a counterpart from the other party but is objected to, that party shall include the proposed instruction (so designated) with authority and insert in the appropriate place in the proposed set of instructions and label it.  For example, if the parties’ first five instructions are agreed, then the defendant wants to add an instruction that the plaintiff believes is unnecessary, the defendant shall insert “Defendant’s Proposed Instruction 5A.”  On the following page, labeled “Plaintiff’s Objection to Defendant’s Proposed Instruction 5A,” the plaintiff shall include the basis for its objection.  The next instruction, if agreed, would be labeled “Agreed Proposed Instruction 6,” and so on.

On the first day of trial, the parties shall submit to the Court’s proposed-order inbox a Word version of the proposed instructions.  Please note that it is the parties’ responsibility to ensure they have access to the necessary equipment (either at the courthouse or elsewhere) to make the necessary changes to the instructions after the jury-instruction conference with the Court.  Further, after the jury-instruction conference has occurred and the parties have made the agreed-upon revisions, the parties shall submit a revised Word version of the final instructions to the Court’s proposed-order inbox. 

DO NOT SUBMIT Proposed Orders to Judge Guzman's email address unless the court has specifically directed the parties to do so, usually in open court or by arrangement with the Courtroom Deputy.    If permission is granted follow the instructions below:   

Proposed Orders are technically not to be "filed." Rather, they are to be "submitted" to the judge to consider, to modify, if appropriate, and to enter electronically. For example, proposed orders such as stipulated protective orders require court approval before actually being given full effect. To prevent confusion, such proposed orders must be attached to an e-mail sent to the e-mail address of the assigned judge, Proposed_Order_Guzman@ilnd.uscourts.gov The subject line of the e-mail must include the case number and name, the docket number of the corresponding motion, if any, and the title of the order that is proposed. All such documents must be submitted to the court in a format compatible with Word, which is a "Save As" option in most word processing software. Such proposed orders should also be served on all parties.

Pursuant to 18 U.S.C. § 3664(d)(1), if restitution is being sought in the case, 60 days prior to the sentencing date, the Government shall provide the Probation Office and the courtroom deputy an electronic standardized spreadsheet (available on the Court’s website) with a list of victims and their full current contact information. This list shall include any amounts subject to restitution. If the Government is not able to provide the full victim list 60 days prior to sentencing, it shall file a motion to request an extension of time to compile the information, to the extent permitted by 18 U.S.C. § 3664(d)(5).

Persons requesting a daily or hourly transcript of a trial or other evidentiary hearing that may reasonably be expected to last more than one day should place the order with the Court Reporter at least five business days prior to the first day of such proceedings.

To order transcripts, please contact the Court's Court Reporter Coordinator, Rosemary Scarpelli, at (312) 435-5885 or Rosemary_Scarpelli@ilnd.uscourts.gov.