judge console · N.D. Ill.
N.D. Ill. · Judge Berry III · Practice Guide

Hon. Albert Berry III

All local rules for N.D. Ill., integrated with this judge's published requirements.

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👤 Judge Berry III — deviations that burn people
  • [Motion Procedures]
  • Motion hearings will be on Tuesdays, Wednesdays, and Thursdays at 9:30 a.m. unless otherwise scheduled by the Court. Joint, uncontested, and agreed motions must be so identified in the title and body of the motion. No courtesy copies are allowed, unless the Court specifically requests one from the parties. Parties should not file a notice of motion with any submission; the Court will order briefing or, if appropriate, schedule your motion hearing. Monitor the public docket for information regarding hearings. Status reports will typically be by written submission. 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. Thus, the Court will apply the meet and confer requirement not just to discovery motions, but to all motions that a party wishes to file. The requirements in Judge Berry’s standing order on discovery motions concerning what must be done to comply with the meet and confer requirement will be applied with equal force, and in the same way, with respect to all other motions. TELEPHONIC OR REMOTE APPEARANCE : The Court believes that motion hearings are substantive matters that require in-person participation. As a result, telephonic or remote appearances are not allowed for motion hearings. If extraordinary circumstances exist, a party may contact the Courtroom Deputy, Yulonda Thomas, in advance to seek permission to participate by phone.
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Drafting the Motion
Length limits — motion, opposition, reply
🏛 N.D. Ill. local rule
Motion

Neither a motion nor brief in support of or in opposition to any motion nor objections to a report and recommendation or order of a magistrate judge or special master, shall exceed 15 pages without prior approval of the court. Local Rule 7.1 ↗

Opposition

Neither a motion nor brief in support of or in opposition to any motion nor objections to a report and recommendation or order of a magistrate judge or special master, shall exceed 15 pages without prior approval of the court. Local Rule 7.1 ↗

Reply

Neither a motion nor brief in support of or in opposition to any motion nor objections to a report and recommendation or order of a magistrate judge or special master, shall exceed 15 pages without prior approval of the court. Local Rule 7.1 ↗

Filing & Scheduling
Briefing schedule & hearing date
🏛 N.D. Ill. local rule
Notice period

(b) A judge may require a motion or an objection to a magistrate judge’s order to be accompanied by a notice of presentment specifying the date and time on which, and judge before whom, the motion or objection is to be presented. The date of presentment shall be not more than 14 days following the date on which the motion or objection is delivered to the court pursuant to LR 78.1. Local Rule 5.3(b) ↗

Hearing days

Except where a judge fixes a different time in accordance with this rule, the original of any motion shall be filed by 4:30 p.m. of the second business day preceding the date of presentment. A judge may fix a time for delivery longer than that provided by this rule, or elect to hear motions less frequently than daily, or both. Local Rule 78.1 ↗

Proposed orders
The Hearing
Oral argument
🏛 N.D. Ill. local rule

The court may set a briefing schedule. Oral argument may be allowed in the court’s discretion. Local Rule 78.3 ↗

Discovery
Discovery referral procedure
🏛 N.D. Ill. local rule

Any judge wishing to refer a matter in a civil case pending on that judge’s calendar to a magistrate judge may do so following procedures approved by the Executive Committee. Local Rule 72.1 ↗

Discovery dispute procedure
👤 Judge Berry III — standing order

Discovery Motions The Court believes that the parties can and should work out most discovery disputes, and thus discourages the filing of discovery motions. The Court will not hear or consider any discovery motion unless the parties have complied with the meet and confer requirement under Local Rule 37.2. Any discovery 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 discovery disputes through communication and negotiation. The Court believes face to face communications regarding discovery disputes are the most effective way to resolve them and requires counsel for parties to meet in person unless it is impracticable to do so . Videoconferencing satisfies this requirement. The Rule 37.2 Certificate must state that this requirement has been met or why it cannot be met with particularity. The mere exchange of correspondence (through emails, text messages, instant messaging, etc.) 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. Any motions to compel must identify and attach the specific discovery requests at issue, as well as the opposing party’s response ( i.e. , motions must not simply identify specific “categories” of documents or discovery that the movant seeks). Motions to compel must also include arguments supporting the relevance and proportionality of the requested discovery. Motions to compel may be summarily stricken for a failure to comply with these rules. Moreover, parties must not seek overbroad requests in the hope that the Court will tailor the resolution on its own; each discovery request will be adjudicated based on the totality of the request, so parties should appropriately narrow their requests ahead of time. Failure to do so may result in denial of the motion to compel with prejudice; the Court will not tailor a discovery request for the party when it could have done it on its own. Parties are not allowed to file a brief in response or reply of a discovery motion without leave of Court. The Court reminds the parties of Federal Rule of Civil Procedure 37(a)(5), which requires the Court to award the winning side fees and costs unless the losing party’s position was substantially justified or awarding fees and costs would be unjust. With particular respect to electronic discovery disputes, if the parties have reached an impasse regarding the discovery of records from a database, server, computer, service provider or similar electronic storage facility (ESF), before filing a motion to compel , the parties are required to meet and confer with an IT representative for each party in order to determine the most effective and feasible ways to retrieve the requested material, as well as the proper format for the retrieval of the records. This electronic discovery conference must take place in person, by telephone, or by video, and both sides should be prepared to discuss specifically the parameters of both the search(es) and the ESF.

More from Judge Berry III’s procedures
👤 Judge Berry III — standing order
Oral argument procedure

Motion Procedures Motion hearings will be on Tuesdays, Wednesdays, and Thursdays at 9:30 a.m. unless otherwise scheduled by the Court. Joint, uncontested, and agreed motions must be so identified in the title and body of the motion. No courtesy copies are allowed, unless the Court specifically requests one from the parties. Parties should not file a notice of motion with any submission; the Court will order briefing or, if appropriate, schedule your motion hearing. Monitor the public docket for information regarding hearings. Status reports will typically be by written submission. 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. Thus, the Court will apply the meet and confer requirement not just to discovery motions, but to all motions that a party wishes to file. The requirements in Judge Berry’s standing order on discovery motions concerning what must be done to comply with the meet and confer requirement will be applied with equal force, and in the same way, with respect to all other motions. TELEPHONIC OR REMOTE APPEARANCE : The Court believes that motion hearings are substantive matters that require in-person participation. As a result, telephonic or remote appearances are not allowed for motion hearings. If extraordinary circumstances exist, a party may contact the Courtroom Deputy, Yulonda Thomas, in advance to seek permission to participate by phone. Source ↗

Pre motion procedure

Motion Procedures Motion hearings will be on Tuesdays, Wednesdays, and Thursdays at 9:30 a.m. unless otherwise scheduled by the Court. Joint, uncontested, and agreed motions must be so identified in the title and body of the motion. No courtesy copies are allowed, unless the Court specifically requests one from the parties. Parties should not file a notice of motion with any submission; the Court will order briefing or, if appropriate, schedule your motion hearing. Monitor the public docket for information regarding hearings. Status reports will typically be by written submission. 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. Thus, the Court will apply the meet and confer requirement not just to discovery motions, but to all motions that a party wishes to file. The requirements in Judge Berry’s standing order on discovery motions concerning what must be done to comply with the meet and confer requirement will be applied with equal force, and in the same way, with respect to all other motions. TELEPHONIC OR REMOTE APPEARANCE : The Court believes that motion hearings are substantive matters that require in-person participation. As a result, telephonic or remote appearances are not allowed for motion hearings. If extraordinary circumstances exist, a party may contact the Courtroom Deputy, Yulonda Thomas, in advance to seek permission to participate by phone. Source ↗

content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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