All local rules for N.D. Ill., integrated with this judge's published requirements.
Communication with the Court about a specific case should be with the Courtroom Deputy only, unless Judge Durkin specifically orders that parties may communicate with a law clerk.
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 ↗
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 ↗
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 ↗
(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) ↗
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 ↗
The court may set a briefing schedule. Oral argument may be allowed in the court’s discretion. Local Rule 78.3 ↗
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 Discovery Motions : The Court believes that 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 or non-dispositive dispute unless the movant has complied with the "meet and confer" requirement of Local Rule 37.2 . The motion must state with specificity when and how the movant complied with Local Rule 37.2 . Parties are reminded that compliance with Local Rule 37.2 requires a good faith effort to resolve discovery disputes and communication that takes place face to face or by telephone. The exchange of correspondence will not normally be sufficient to comply with Local Rule 37.2 . All parties should be fully prepared to argue any discovery motion on the date that it is presented. The Court most often will rule on discovery motions after hearing argument at the motion call and without briefing. If after hearing argument, the Court believes that the motion requires briefing, the Court normally will set an expedited briefing schedule so that the matter can be resolved promptly. Parties are reminded to immediately notify the Court if they are withdrawing any previously filed discovery motions. Parties are reminded that there is no "order" in which discovery must occur, and that one party's failure or inability to respond to discovery will not excuse any other party's prompt compliance. Parties are also reminded that the pendency of a motion, such as a motion to dismiss, does not operate as a stay of discovery absent explicit order of the Court. Boilerplate Language : Boilerplate "instructions" shall not be used in interrogatories and document requests. These unduly detailed instructions rarely accomplish anything useful and serve merely to add unnecessarily to the cost of litigation, especially where they give rise to disputes. Interrogatories and document requests should be framed with clarity, so that no instructions are necessary. In the exceptional case where instructions might be necessary, they should be concise and specific to the problem presented by the particular interrogatory. Boilerplate instructions may be regarded as surplusage and need not be considered in responding to the interrogatories or document requests. E-Discovery : If the parties have reached an impasse regarding the discovery of voluminous 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 of the ESF to be searched in order to determine the most effective way to retrieve the requested material. The party seeking the discovery should also bring its IT specialist to this meeting in order to discuss the proper format for the retrieval of the records. This electronic discovery conference must take place in person and both sides should be prepared to discuss specifically the parameters of both the search and the ESF.
Motion Practice Generally Motions should not be noticed for presentment in accordance with Local Rule 5.3(b). Instead, counsel must confer prior to the filing of all motions and include an agreed briefing schedule with the motion if at all possible. If agreement cannot be reached, the parties should indicate their positions on scheduling in a joint submission filed with the motion. The Court will then review the motion and any joint submission to determine the appropriate briefing schedule and whether a hearing is necessary. A hearing is presumptively necessary in cases involving pro se parties. If Judge Durkin determines a hearing is necessary, it will be scheduled by chambers. Unless otherwise ordered by the Court, briefs in support of or opposition to a motion should be no more than 15 pages, and reply briefs should be no more than 10. Requirements Before filing a motion, the movant's counsel must ask opposing counsel whether there is an objection to the motion. If there is an objection, movant must note that fact in the body of the motion. Joint, uncontested, and agreed motions should be so identified in both the title and the body of the motion. Many of those motions will be granted without appearance, so counsel should check the docket before coming to Court. Motions for extension of time shall indicate: (i) the reason for the request, and (ii) the number of previous extensions. Trial dates and discovery cutoff dates generally will not be reset except by written motion, and will generally require a court appearance. Courtesy Copies When Required : Courtesy copies should not be submitted unless specifically requested by chambers staff. Delivery : If courtesy copies are requested, they should be delivered by first class mail or its equivalent. Next day or otherwise expedited delivery (including delivery by messenger) is unnecessary in the normal course, and such expense is generally not justifiable. Please deliver all courtesy copies to the box outside of Room 1438 (Emily Wall's office). Please do not bring courtesy copies to chambers. A delivery confirmation signature will not be available. Format : Courtesy copies should always be printed from ECF after electronic filing so that the copies include the ECF header. Courtesy copies should be printed on both sides of the paper whenever possible. Parties citing a deposition transcript in a brief should submit only the cited excerpts in hard copy in the condensed format, but must file the entire transcript on ECF. The Court does not want hard copies of entire deposition transcripts. All documents should be made word searchable before being filed on ECF. The Court prefers documents to be stapled rather than bound on the left hand side, unless the size of the document makes use of a staple impossible. Citations The Court prefers that citations to unpublished opinions be Westlaw citations . To the extent possible, briefs and other filings (such as Rule 56.1 statements of fact) should cite exhibits by the ECF docket number and page, not exhibit number. Source ↗
Courtesy Copies: In accordance with General Order 21-0027 and its suspension of Local Rule 5.2(F), no courtesy copies may be submitted for filings unless the parties receive case-specific requests for copies from chambers staff. If chambers staff requests courtesy copies, they should be delivered by first class mail or its equivalent. Next day or otherwise expedited delivery (including delivery by messenger) is unnecessary in the normal course, and such expense is generally not justifiable, unless otherwise instructed Courtesy copies should always be printed from ECF after electronic filing so that the copies include the ECF header. Courtesy copies should be printed on both sides of the paper whenever possible. All electronically filed documents should be made word searchable before being filed on ECF. The Court prefers that citations to unpublished opinions be Westlaw citations. Please see the link under Case Procedures for further details regarding the Court's rules for courtesy copies. Source ↗
The Court will set all newly-filed and reassigned cases for an initial status hearing. If the defendant(s) have not been served by the initial status date, counsel for plaintiff is to contact the Courtroom Deputy, Emily Wall, to reschedule the status hearing and the date for filing an initial status report. If no defendant has appeared, or plaintiff is seeking a default, no status report is required. The Court will also order the parties in all newly-filed and reassigned cases--except new cases concerning John Doe copyright infringement actions--to file electronically prior to the initial status hearing a joint written status report, not to exceed three pages in length. The status report shall provide information about the case using the appropriate format described below. Too often litigants are unaware of the efficiencies to be gained by having their cases tried before United States Magistrate Judges. Because they do not conduct felony criminal trials, they can often schedule civil trials more expeditiously than this Court. The Court strongly encourages counsel to inform their clients of this option, and to discuss it with opposing counsel. Click here for the Magistrate Judge Consent Form . I. New Case Status Report Format (see below for Reassigned Case Format): (1) The Nature of the Case Identify the attorneys of record for each party, including the lead trial attorneys. State the basis for federal jurisdiction. Describe the nature of the claims asserted in the complaint and any counterclaims, including relief sought. (2) Pending Motions and Case Plan Identify any pending motions. Submit a proposal for a discovery plan, including the following information: The general type of discovery needed; A date to issue written discovery; If there will be expert discovery relevant to dispositive liability motions , an expert discovery completion date, including dates for the delivery of expert reports; A liability discovery completion date; A deadline to amend pleadings; Scheduling of expert discovery relevant to damages should be deferred until it becomes necessary for a hearing or trial. The parties may suggest that expert discovery relevant to damages be scheduled sooner if they believe it is necessary. Generally, the time and expense of expert damage discovery should not be taken until any dispositive motions have been decided, or the parties agree that no such motions will be filed. A deadline for filing summary judgment motions should not be included. The Court will set that deadline in consultation with the parties after the close of discovery. The Court generally approves parties' jointly proposed discovery plans, because the Court trusts that the parties will devise a schedule that both moves the case forward in an efficient manner and takes into account the parties' and counsel's other obligations. Since the Court will be generous in this regard, the Court will be reluctant to grant any extensions of this schedule. E-Discovery Indicate whether discovery will encompass electronically stored information, and the parties’ plan to ensure that such discovery proceeds appropriately; and Indicate whether the parties anticipate any electronic discovery disputes. Indicate whether a jury trial is requested and the probable length of trial. (3) Consent to Proceed Before a Magistrate Judge Indicate whether the parties consent unanimously to proceed before a Magistrate Judge for all matters in the case, including dispositive motions and trial. (4) Status of Settlement Discussions Indicate whether any settlement discussions have occurred, and if so, the status of those discussion. Unless it is impossible due to the uncertainty of damages, plaintiffs should have made a demand by the first status conference. Whether the parties request a settlement conference before the Magistrate Judge assigned to the case. II. Reassigned Case Status Report Format: (1) Nature of the Case Attorneys of record for each party. Basis for federal jurisdiction. Nature of the claim(s) and any counterclaim(s), including relief sought. (2) Proceedings to Date and Discovery Summary of discovery that has been taken and remains to be taken. Depositions - approximate number taken and estimated number still to be taken. Discovery cut-off date, and whether that date will be met. If no discovery cut-off date has been set, please suggest one. Deadline to amend the pleadings. If no such date has been set, please suggest one. (3) Pending Motions Description of all pending motions, and any briefing schedule set. Summary of all substantive rulings that have been entered. (4) Trial Whether there has been a jury demand. Whether a trial date has been set; if not, the earliest date the parties anticipate being able to commence a trial. Whether a final pretrial order has been filed; if not, whether there is a deadline for filing a final pretrial order. Estimated length of trial. (5) Referrals and Settlement The assigned magistrate judge and whether the parties have discussed consenting to having the magistrate judge conduct all further proceedings in the case, including trial. Whether any settlement discussions have occurred, the status of any such discussions, and whether referral to the magistrate judge for assistance in settlement would be helpful. (6) Any other information that the parties believe is pertinent to the Court's understanding of the status of the case. Source ↗
Motion Practice Generally Motions should not be noticed for presentment in accordance with Local Rule 5.3(b). Instead, counsel must confer prior to the filing of all motions and include an agreed briefing schedule with the motion if at all possible. If agreement cannot be reached, the parties should indicate their positions on scheduling in a joint submission filed with the motion. The Court will then review the motion and any joint submission to determine the appropriate briefing schedule and whether a hearing is necessary. A hearing is presumptively necessary in cases involving pro se parties. If Judge Durkin determines a hearing is necessary, it will be scheduled by chambers. Unless otherwise ordered by the Court, briefs in support of or opposition to a motion should be no more than 15 pages, and reply briefs should be no more than 10. Requirements Before filing a motion, the movant's counsel must ask opposing counsel whether there is an objection to the motion. If there is an objection, movant must note that fact in the body of the motion. Joint, uncontested, and agreed motions should be so identified in both the title and the body of the motion. Many of those motions will be granted without appearance, so counsel should check the docket before coming to Court. Motions for extension of time shall indicate: (i) the reason for the request, and (ii) the number of previous extensions. Trial dates and discovery cutoff dates generally will not be reset except by written motion, and will generally require a court appearance. Courtesy Copies When Required : Courtesy copies should not be submitted unless specifically requested by chambers staff. Delivery : If courtesy copies are requested, they should be delivered by first class mail or its equivalent. Next day or otherwise expedited delivery (including delivery by messenger) is unnecessary in the normal course, and such expense is generally not justifiable. Please deliver all courtesy copies to the box outside of Room 1438 (Emily Wall's office). Please do not bring courtesy copies to chambers. A delivery confirmation signature will not be available. Format : Courtesy copies should always be printed from ECF after electronic filing so that the copies include the ECF header. Courtesy copies should be printed on both sides of the paper whenever possible. Parties citing a deposition transcript in a brief should submit only the cited excerpts in hard copy in the condensed format, but must file the entire transcript on ECF. The Court does not want hard copies of entire deposition transcripts. All documents should be made word searchable before being filed on ECF. The Court prefers documents to be stapled rather than bound on the left hand side, unless the size of the document makes use of a staple impossible. Citations The Court prefers that citations to unpublished opinions be Westlaw citations . To the extent possible, briefs and other filings (such as Rule 56.1 statements of fact) should cite exhibits by the ECF docket number and page, not exhibit number. Source ↗
Motion Practice Generally Motions should not be noticed for presentment in accordance with Local Rule 5.3(b). Instead, counsel must confer prior to the filing of all motions and include an agreed briefing schedule with the motion if at all possible. If agreement cannot be reached, the parties should indicate their positions on scheduling in a joint submission filed with the motion. The Court will then review the motion and any joint submission to determine the appropriate briefing schedule and whether a hearing is necessary. A hearing is presumptively necessary in cases involving pro se parties. If Judge Durkin determines a hearing is necessary, it will be scheduled by chambers. Unless otherwise ordered by the Court, briefs in support of or opposition to a motion should be no more than 15 pages, and reply briefs should be no more than 10. Requirements Before filing a motion, the movant's counsel must ask opposing counsel whether there is an objection to the motion. If there is an objection, movant must note that fact in the body of the motion. Joint, uncontested, and agreed motions should be so identified in both the title and the body of the motion. Many of those motions will be granted without appearance, so counsel should check the docket before coming to Court. Motions for extension of time shall indicate: (i) the reason for the request, and (ii) the number of previous extensions. Trial dates and discovery cutoff dates generally will not be reset except by written motion, and will generally require a court appearance. Courtesy Copies When Required : Courtesy copies should not be submitted unless specifically requested by chambers staff. Delivery : If courtesy copies are requested, they should be delivered by first class mail or its equivalent. Next day or otherwise expedited delivery (including delivery by messenger) is unnecessary in the normal course, and such expense is generally not justifiable. Please deliver all courtesy copies to the box outside of Room 1438 (Emily Wall's office). Please do not bring courtesy copies to chambers. A delivery confirmation signature will not be available. Format : Courtesy copies should always be printed from ECF after electronic filing so that the copies include the ECF header. Courtesy copies should be printed on both sides of the paper whenever possible. Parties citing a deposition transcript in a brief should submit only the cited excerpts in hard copy in the condensed format, but must file the entire transcript on ECF. The Court does not want hard copies of entire deposition transcripts. All documents should be made word searchable before being filed on ECF. The Court prefers documents to be stapled rather than bound on the left hand side, unless the size of the document makes use of a staple impossible. Citations The Court prefers that citations to unpublished opinions be Westlaw citations . To the extent possible, briefs and other filings (such as Rule 56.1 statements of fact) should cite exhibits by the ECF docket number and page, not exhibit number. Source ↗
Motion Practice Generally Motions should not be noticed for presentment in accordance with Local Rule 5.3(b). Instead, counsel must confer prior to the filing of all motions and include an agreed briefing schedule with the motion if at all possible. If agreement cannot be reached, the parties should indicate their positions on scheduling in a joint submission filed with the motion. The Court will then review the motion and any joint submission to determine the appropriate briefing schedule and whether a hearing is necessary. A hearing is presumptively necessary in cases involving pro se parties. If Judge Durkin determines a hearing is necessary, it will be scheduled by chambers. Unless otherwise ordered by the Court, briefs in support of or opposition to a motion should be no more than 15 pages, and reply briefs should be no more than 10. Requirements Before filing a motion, the movant's counsel must ask opposing counsel whether there is an objection to the motion. If there is an objection, movant must note that fact in the body of the motion. Joint, uncontested, and agreed motions should be so identified in both the title and the body of the motion. Many of those motions will be granted without appearance, so counsel should check the docket before coming to Court. Motions for extension of time shall indicate: (i) the reason for the request, and (ii) the number of previous extensions. Trial dates and discovery cutoff dates generally will not be reset except by written motion, and will generally require a court appearance. Courtesy Copies When Required : Courtesy copies should not be submitted unless specifically requested by chambers staff. Delivery : If courtesy copies are requested, they should be delivered by first class mail or its equivalent. Next day or otherwise expedited delivery (including delivery by messenger) is unnecessary in the normal course, and such expense is generally not justifiable. Please deliver all courtesy copies to the box outside of Room 1438 (Emily Wall's office). Please do not bring courtesy copies to chambers. A delivery confirmation signature will not be available. Format : Courtesy copies should always be printed from ECF after electronic filing so that the copies include the ECF header. Courtesy copies should be printed on both sides of the paper whenever possible. Parties citing a deposition transcript in a brief should submit only the cited excerpts in hard copy in the condensed format, but must file the entire transcript on ECF. The Court does not want hard copies of entire deposition transcripts. All documents should be made word searchable before being filed on ECF. The Court prefers documents to be stapled rather than bound on the left hand side, unless the size of the document makes use of a staple impossible. Citations The Court prefers that citations to unpublished opinions be Westlaw citations . To the extent possible, briefs and other filings (such as Rule 56.1 statements of fact) should cite exhibits by the ECF docket number and page, not exhibit number. Source ↗