PLEASE SEE NOT SITTING TAB FOR DATES JUDGE NOT SITTING

Motions in Chapter 7, 9, and 11 Cases:
Original (New) Motions: Tuesdays at 9:30 a.m.
Status Hearings: Tuesdays at 10:00 a.m.
Adversary Matters: Tuesdays at 10:00 a.m.
Involuntary Petitions: Tuesdays at 10:00 a.m.

Motions in Chapter 13 Cases:
Trustee Motions: Thursdays at 9:15 a.m.
Continued Trustee Tax Motions: Thursdays at 9:16 a.m.
Original (New) Motions: Thursdays at 9:30 a.m.
Set or Continued Matters: Thursdays at 10:00 a.m.
Adversary Matters: Thursdays at 10:00 a.m.
Confirmation Hearings: Thursdays at 10:00 a.m.

If an original motion is to be noticed for a day on which other matters in the same case are to be heard, the original motion should be noticed for the time already set. It should not be noticed for the original motion time.

Routine motions (as defined in Local Rule 9013-9) and other motions to which no objection is expected may be listed as “Will Be Granted Without a Hearing” on the call sheet for the hearing date.

A. Effect of listing as “Will Be Granted Without a Hearing”:

1.  If no party requests that the motion be called, it will be granted without a hearing.
2.  If a party asks the Courtroom Deputy to call the motion, it will be called.
3.  If the motion is called, the Court will either grant the motion over the objection or continue it to give the movant an opportunity to be heard.

B. How to check whether a motion “Will Be Granted Without a Hearing”:

If a motion “Will Be Granted Without a Hearing,” it will be marked as such on the Court Calendar the day before the motion is to be presented. The Court Calendar is on the Court’s web site.

Motions to continue the automatic stay in effect pursuant to 11 U.S.C. § 362(c)(3) or to impose the automatic stay under § 362(c)(4) must:

1. State the case number of previous cases dismissed within one year of the filing of the present case;
2. Include copies of Schedules I and J from all previous cases dismissed within one year of the filing of the present case, and Schedules I and J from the current case;
3. State in detail the bases for continuing the stay in effect or imposing the stay; and
4. Append a detailed notarized affidavit containing specific facts demonstrating all circumstances, including those relating to the substantial change in the debtor's financial or personal affairs, to rebut the presumption.

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).

Cases filed under Chapters 7, 9, 11, and 12:
All attorneys or other professionals in cases filed under Chapters 7, 11, and 12 seeking approval of their fees must submit an itemization of their time in tenths of an hour and in the format required under Local Rule 5082-1.

Cases filed under Chapter 13:
See Local Rule 5082-2

Final Pretrial Order: The trial date will be set forth in a final pretrial order sent to the parties. The final pretrial order will also contain deadlines for the filing and exchanging of witness lists, exhibit lists, stipulations of fact, and trial briefs, a deadline for the exchange of the exhibits themselves, and a deadline for objections to exhibits. Strict compliance with the final pretrial order is required. Failure to comply with the final pretrial order will result in the imposition of sanctions. See, e.g., Michael v. Khan (In re Kahn), 321 B.R. 709, 711 (Bankr. N.D. Ill. 2005).

See Pretrial Form

In-Chambers Conference
Properly 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 Judgment
Motions 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 Evidence
Parties submitting deposition transcripts in support of or in opposition to summary judgment must file the entire transcript for each deposition.