judge console · N.D. Ill.
N.D. Ill. · Judge Jenkins · Practice Guide

Hon. Lindsay C. Jenkins

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

Know Before You Go
👤 Judge Jenkins — deviations that burn people
  • [Motions and Memoranda of Law]
  • 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 review the motion and any joint submission to determine the appropriate briefing schedule and whether a hearing is necessary. If the Court determines a hearing is necessary, it will be scheduled by chambers. The Court will adopt reasonable briefing schedules agreed to by the parties; Court-imposed briefing schedules may be more accelerated than the parties would have proposed. 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. For dispositive motions, response and reply briefs are always permitted. For other types of motions, the Court will set dates for response or reply briefs if necessary. Parties may move for leave to file briefs that the Court has not requested, but motions will typically be granted only if there is an unforeseen point raised in an opposing brief. 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. Motions for extension of time shall indicate: (i) the reason for the request, and (ii) the number of previous extensions. Discovery cutoff dates generally will not be reset except by written motion. Trial dates are firm and will not be reset except in exceptional circumstances that were unforeseeable at the time the trial date was set. Citations If counsel cites to an unpublished opinion, the Court strongly prefers citations to Westlaw. It is not necessary to attach copies of unpublished opinions if they are available on Westlaw. Please attach copies of any cited authorities that are not available on Westlaw. To the extent possible, briefs and other filings (such as Local Rule 56.1 statements of fact) should cite exhibits by the ECF docket number and page, not exhibit number. Searchable Text All electronically filed documents shall be made word searchable before being filed on ECF. For any filing of any kind (including exhibits in support of a motion or any Local Rule 56.1 Statement), counsel must run an OCR conversion on it before uploading it onto CM/ECF. To do this in Adobe, go to Tools, Text Recognition, In This File, and select All Pages. If you see the message, “Acrobat could not perform recognition (OCR) on this page because this page contains renderable text,” click “Ignore future errors in this document,” and click OK. Counsel must convert any word-processed document into a .pdf document by printing or publishing to .pdf, rather than manually scanning a paper copy into .pdf. Document Format The parties are reminded that the Local Rules concerning page limits, font size, line spacing, and margins for filed documents are not mere suggestions. See Local Rule 5.2. Footnotes are to be used sparingly and only when necessary; footnotes may never be employed as an artifice designed to squeeze more words under the page limit. The Court may strike any filing that does not comply with these requirements. Supplemental Authority Parties wishing to file supplemental authority should file a motion seeking leave to do so.
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Before You File
Contacting chambers
👤 Judge Jenkins — standing order

For case-related questions, please contact the Courtroom Deputy. Communication with the Court about a specific case should be with the Courtroom Deputy only, unless the Court specifically orders that parties may communicate with a law clerk.

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
Filing under seal
👤 Judge Jenkins — standing order

There is a presumption that the public will have access to all court filings. Parties requesting entry of an order to preserve the confidentiality of materials disclosed in discovery must base the proposed order on the Model Confidentiality Order contained in the Local Rules (Form LR26.2), found here . The Model Confidentiality Order provides that parties should include or delete language in brackets as necessary to the specific case. Any other proposed changes to this model order must be shown in redlined format that reflects both deletions and additions to the model text. For proposed substantive changes, counsel and parties are encouraged to include comments explaining why the changes are sought. Counsel shall file a motion for entry of the proposed confidentiality order and attach as an exhibit both a redlined proposed order and a clean proposed order. Counsel shall separately email both exhibits to ( Proposed_Order_Jenkins@ilnd.uscourts.gov ) in Microsoft Word. The subject line of the email must include (1) the case name; (2) the case number; (3) the docket number of the corresponding motion; and (4) the title of the order that is proposed as indicated on the Notice of Electronic Filing. Counsel must serve a copy of a proposed order on all other parties by copying them on the email to the Court. The Court will not enter a proposed confidentiality order suggesting that material a party has designated as “confidential” may, for that reason alone, be filed under seal. Any confidentiality order that contemplates under-seal filing must provide that no documents may be filed under seal absent a motion showing good cause for sealing a portion of the record. A party’s mere designation of information as “confidential” is insufficient to permit filing under seal. A party seeking to file material under seal must instead set forth in its motion the reasons why the record should be sealed. When a party wishes to file a document on the public docket that another party has marked confidential, the parties must meet and confer to determine who is the appropriate party to file any motion to seal. If the Court permits a portion of a document to be filed under seal, the party filing the document must also file a redacted public-record version that includes the entire document except for the portions filed under seal. The issuance of a protective order in light of this Standing Order will constitute the Court’s determination, as required by Rule 26(c), that good cause existed for the issuance of a protective order.

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 Jenkins — standing order

Discovery and Discovery Motions Motions The Court believes that parties can and should work out most discovery disputes without Court intervention. The Court expects the parties to make a genuine, good-faith effort to resolve disagreements before filing a discovery motion. 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. Compliance with the Local Rules requires a good-faith effort to resolve discovery disputes, including communications that take place in person, by video conference, or by phone. The exchange of emails or letters will not normally be sufficient to comply with the Local Rules. Motions that do not comply with the Local Rules may be stricken. If a party requests a meet-and-confer, the other party must respond promptly and participate in a meet-and-confer in a reasonable time. All parties must be fully prepared to orally argue any discovery motion on the date that it is presented. The Court most often will decide discovery motions after oral argument at the motion call and without additional briefing. If after argument the Court believes that the motion requires further briefing, the Court normally will set an expedited briefing schedule so that the matter can be resolved promptly. If an impasse arises about the recovery of electronically stored information and/or the discovery of voluminous records from a database, server, computer, service provider or similar electronic storage facility, no discovery motion may be filed unless the parties first meet and confer to determine whether the requested material can be retrieved and, if so, the most effective way of doing so. Such a conference must take place in person, by videoconference, or by phone and must be attended by an IT representative of the party (or, for a putative class, an IT representative of plaintiffs’ counsel) that served the request, an IT representative of the facility to be searched, and an IT representative of the party that received the request. All participants should be prepared to discuss specifically the parameters of both the search and the facility. Parties must immediately notify the Court if they are withdrawing (or narrowing) any previously filed discovery motions. Motions to Dismiss The pendency of a motion, such as a motion to dismiss, does not automatically cause discovery to be stayed. Discovery is not stayed unless the Court orders it to be stayed. The Court will often stay discovery when a motion raises a colorable jurisdictional, statute of limitations, or other issue that may result in the case being resolved not on the merits; it rarely stays discovery for motions that will not result in resolution of the entire case; and it exercises discretion on a case-by-case basis in other cases. A motion to stay discovery must explain why a stay is appropriate for the specific case. Sequence of Discovery Parties are reminded that there is no “order” in which discovery must occur. See Fed. R. Civ. P. 26(d)(3). One party’s failure or inability to respond to discovery will not excuse any other party’s non-compliance. Boilerplate Objections Objections to written discovery must state with specificity the grounds for objecting. See, e.g. , Fed. R. Civ. P. 33(b)(4) (“The grounds for objecting to an interrogatory must be stated with specificity.”); Fed. R. Civ. P. 34(b)(2)(B) (“For each item or category, the response must … state with specificity the grounds for objecting to the request, including the reasons.”). That is, the objecting party must offer a particularized reason tailored to each request. Boilerplate objections are inadequate and are to be disregarded. For example, a generic assertion that a discovery request is “overbroad” or “unduly burdensome”—without an accompanying explanation—is the same as not objecting at all. For instance, the Court will not sustain an objection that a particular request is “burdensome” without specific information from knowledgeable sources regarding the amount and nature of the effort required to comply with the request, and the number of documents likely to be generated by compliance. Limit on the Number of Requests for Admission The Court sets a limit of 25 requests for admission under Rules 26(b)(2) and 36 of the Federal Rules of Civil Procedure. Per “side” means parties represented by the same counsel. Any party may seek relief from this order by way of motion.

More from Judge Jenkins’s procedures
👤 Judge Jenkins — standing order
Courtesy copies details

Generally, the Court does not accept courtesy copies. Please do not prepare them and do not try to deliver them. If a courtesy copy is needed, the Court will contact counsel to request one. If the Court requests courtesy copies, please deliver those copies to the drop-box outside the Courtroom Deputy’s office. Please do not bring courtesy copies to Chambers. A delivery signature will not be available. Courtesy copies need not be delivered in an envelope unless the pleading contains under seal material. If the Court requests courtesy copies, those copies should (a) always be printed from ECF after electronic filing so that the copies include the ECF header; (b) always be printed double sided (on both sides of the paper) whenever possible; and (c) if in excess of 50 pages, should be spiral bound on the side, and any exhibits should be tabbed. Source ↗

Initial conference timing

The Court will set all newly-filed and reassigned cases for an initial status hearing approximately 60 days after the filing of the complaint. The initial status hearing will be the scheduling conference as required by Federal Rule of Civil Procedure Rule 16(b). See also Local Rule 16.1. The parties must meet and conduct a planning conference as required by Federal Rule of Civil Procedure 26(f). If the defendant(s) have not been served by the initial status date, counsel for plaintiff is to contact the Courtroom Deputy to reschedule the status hearing and the date for filing an initial status report. If plaintiff is seeking a default, no status report is required. The parties must file a Joint Initial Status Report, not to exceed seven single-spaced pages, at least seven days before the initial status hearing. If defense counsel has not yet filed an appearance, plaintiff's counsel should prepare the status report. The Joint Initial Status Report shall follow the format in this link . The purpose of the initial status report is to inform the Court of the main issues in the case in order to have a productive discussion at the initial status conference regarding deadlines to be set for the parties. Every case has an assigned Magistrate Judge, and in civil cases the parties may consent to have the assigned Magistrate Judge try the case. In many cases, consent to refer the entire case to the Magistrate Judge may offer significant efficiencies and greater certainty in scheduling the trial. All counsel in civil cases should inform their clients of this option and discuss it with opposing counsel. The Court strongly encourages counsel to inform their clients of this option, and to discuss it with opposing counsel. Click here for the Form . Source ↗

Motion word page limits

Briefing Schedules As explained in the Court’s standing order on Motions and Memoranda of Law, all motions must be accompanied by an agreed briefing schedule or competing proposals. If the parties do not propose a briefing schedule, the Court will set one, which may be more accelerated than the parties would prefer. In a case of ordinary complexity, the briefing schedules should be approximately the following: Motion to dismiss: three weeks to respond, 10 days to reply Motions related to preliminary injunctive relief: seven days to respond or reply (if allowed) Discovery motions: seven days to respond, replies usually not allowed Motions in limine and Daubert motions: usually set by the Court Motion for summary judgment: motion due six weeks after the close of the relevant discovery period; four weeks to respond, two weeks to reply Complex cases may require longer briefing schedules, and the Court realizes that counsel have other demands on their time, so within reason, the Court will usually defer to parties' proposed briefing schedules. However, parties must examine their calendars and consult with their opponents to ensure that briefing schedules they propose are realistic and account for the time needed to brief the motion, obligations in other cases, and personal matters. The Court is reluctant to grant significant extensions to accommodate conflicts that counsel could have foreseen at the outset. Source ↗

Oral argument procedure

Briefing Schedules As explained in the Court’s standing order on Motions and Memoranda of Law, all motions must be accompanied by an agreed briefing schedule or competing proposals. If the parties do not propose a briefing schedule, the Court will set one, which may be more accelerated than the parties would prefer. In a case of ordinary complexity, the briefing schedules should be approximately the following: Motion to dismiss: three weeks to respond, 10 days to reply Motions related to preliminary injunctive relief: seven days to respond or reply (if allowed) Discovery motions: seven days to respond, replies usually not allowed Motions in limine and Daubert motions: usually set by the Court Motion for summary judgment: motion due six weeks after the close of the relevant discovery period; four weeks to respond, two weeks to reply Complex cases may require longer briefing schedules, and the Court realizes that counsel have other demands on their time, so within reason, the Court will usually defer to parties' proposed briefing schedules. However, parties must examine their calendars and consult with their opponents to ensure that briefing schedules they propose are realistic and account for the time needed to brief the motion, obligations in other cases, and personal matters. The Court is reluctant to grant significant extensions to accommodate conflicts that counsel could have foreseen at the outset. Source ↗

Pre motion procedure

Briefing Schedules As explained in the Court’s standing order on Motions and Memoranda of Law, all motions must be accompanied by an agreed briefing schedule or competing proposals. If the parties do not propose a briefing schedule, the Court will set one, which may be more accelerated than the parties would prefer. In a case of ordinary complexity, the briefing schedules should be approximately the following: Motion to dismiss: three weeks to respond, 10 days to reply Motions related to preliminary injunctive relief: seven days to respond or reply (if allowed) Discovery motions: seven days to respond, replies usually not allowed Motions in limine and Daubert motions: usually set by the Court Motion for summary judgment: motion due six weeks after the close of the relevant discovery period; four weeks to respond, two weeks to reply Complex cases may require longer briefing schedules, and the Court realizes that counsel have other demands on their time, so within reason, the Court will usually defer to parties' proposed briefing schedules. However, parties must examine their calendars and consult with their opponents to ensure that briefing schedules they propose are realistic and account for the time needed to brief the motion, obligations in other cases, and personal matters. The Court is reluctant to grant significant extensions to accommodate conflicts that counsel could have foreseen at the outset. Source ↗

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