United States Bankruptcy Court
Courtroom 619Chambers: (312) 435-6056Courtroom Deputy: (312) 435-7576
Adam Cox Courtroom Deputy
Susan M. Pistorius Brandon Lira Law Clerks
PLEASE SEE CHICAGO ORIGINAL MOTION/ADVERSARY SCHEDULE FOR DATES JUDGE NOT SITTING
Failure to comply with these requirements will result in denial of the motion for the debtor's failure to rebut by clear and convincing evidence the presumption that the case was filed in bad faith. See 11 U.S.C. § 362(c)(3) & (4).
In-Chambers ConferenceProperly prepared motions for summary judgment require considerable attorney time and client expense. Sometimes such motions are unnecessarily filed. A careful examination of the record prior to filing may reveal contested factual issues making the granting of the motion impossible.
It is the practice of the Court to hold an informal discussion in chambers with the lead attorneys of the parties to discuss whether the filing of a summary judgment motion is advisable given the state of the record. No written submissions should be made prior to the conference. The party who wishes to seek summary judgment should be prepared to point out the uncontested facts that support the relief being sought, and the opposing party should be prepared to speak to whether in fact those facts are contested. This conference should be scheduled with the Courtroom Deputy before any substantive work is done preparing the motion. No party will ever be prevented from filing a dispositive motion, but the goal of the in-chambers conference is to have a careful, informed discussion of the issues before significant time and expense have been incurred.
Motions for Summary JudgmentMotions for summary judgment and responses must comply with Local Rules 7056-1 and 7056-2 as well as the procedures outlined herein. All statements of undisputed material facts and their responses shall be filed separately from the memoranda of law and shall include the line, paragraph, or page number where the supporting material may be found in the record.
The Local Rules are not mere technicalities. Failure to abide by the Local Rules may result in the Court striking briefs, disregarding statements of fact, deeming statements of fact admitted, and denying summary judgment. See Cracco v. Vitran Exp., Inc., 559 F.3d 625, 632 (7th Cir. 2009).
The movant shall not file more than 80 statements of undisputed material facts without prior leave of the Court. The respondent shall be limited to 40 statements of undisputed material facts without prior leave of the Court.
Deposition Testimony EvidenceParties submitting deposition transcripts in support of or in opposition to summary judgment must file the entire transcript for each deposition.