Zeidler v. A&W Restaurants, Inc., No. 03 C 5063, 2006 WL 1898056 (N.D. Ill. July 6, 2006) (Anderson, J.).
Zeidler is worth mentioning despite the absence of intellectual property issues because it makes a point that many practitioners miss: disregarding Local Rule 56.1 Statements of Fact or slapping one together at the last minute can have real, potentially case-dispositive consequences. Judge Andersen accepted defendant’s statement of facts in its entirety because plaintiff’s statement of facts and his response to defendant’s statement of facts included unsupported statements, made legal arguments, referenced unauthenticated documents, and contradicted other factual evidence.
Plaintiff started at a major disadvantage by choosing to represent himself. But even many experienced members of the N.D. Ill. bar play fast and loose with the Local Rule 56.1 requirements or just ignore them until hours or minutes before filing deadlines. This case is the most recent example that such an approach is foolish and may have case-ending consequences.