On Friday, April 24, Chief Judge Pallmeyer entered a Third Amended General Order updating the first two (which extended all civil deadlines 21 days and than an additional 28 days, respectively) and further addressing the “Coronavirus COVID-19 public Emergency.” Beyond setting out the further extension and addressing hearings, settlement conferences and trials, the biggest
Local Rules
Northern District of Illinois Extends All Civil Deadlines 28 Days in Response to COVID-19
By R. David Donoghue on
This afternoon, Chief Judge Pallmeyer entered a second general order updating the first general order (which extended all civil deadlines 21 days) and further addressing the “Coronavirus COVID-19 public Emergency” The Court ordered as follows:
- For all civil cases, all case deadlines whether set by the Federal Rules, Local Rules, Court order or Executive Committee
…
Late Discovery Responses Come With Consequences
By R. David Donoghue on
Posted in Discovery, Local Rules
Hangzhou Aoshuang E-Comm. Co. v. 008Fashion, et al., No. 19 C 4565, Slip Op. (N.D. Ill. Dec. 3, 2019) (Cole, Mag. J.).
Magistrate Judge Cole granted defendants’ (collectively “008Fashion”) motion for an extension to respond to discovery requests and to vacate the Court’s prior order finding that 008Fashion’s responses were late and requiring compliance…
Motion to Produce US Discovery in a Foreign Case Must be Filed as a Separate Action
By R. David Donoghue on
Posted in Discovery, Local Rules
Republic Techs. (NA), LLC v. BBK Tobacco & Foods LLP d/b/a HBI Int’l., No. 16 C 3401, Slip Op. (N.D. Ill. Jan. 14, 2020) (Harjani, Mag. J.)
Magistrate Judge Harjani denied defendant HBI’s 28 U.S.C. § 1782 motion for an order to take discovery for use in a foreign proceeding in this trademark proceeding…
Patentholder Must Specifically Identify Conception & Reduction to Practice Dates
By R. David Donoghue on
Posted in Local Rules
Beckman Coulter, Inc. v. Sysmex Am., Inc., No. 18 C 6563, Slip Op. (N.D. Ill. Apr. 26, 2019) (Rowland, Mag. J.).
Magistrate Judge Rowland granted in part defendants’ (collectively “Sysmex”) motion to compel more definite responses regarding plaintiff Beckman Coulter’s dates of conception and reduction to practice in this patent case involving automated software…
N.D. Illinois Requires Confidential Documents be Filed Electronically
By R. David Donoghue on
Posted in Local Rules
The Northern District of Illinois has amended Local Rule 5.8 (Filing Materials Under Seal) to require that all documents filed either by counsel or a non-represented party with an e-filing account be filed electronically pursuant to Local Rule 26.2, unless the Court has held that the documents need not be filed electronically pursuant to…
Mandatory Initial Discovery Pilot No Longer Requires Answering Along With a Motion to Dismiss
By R. David Donoghue on
Posted in Local Rules
Effective December 1, 2018, the Northern District’s Mandatory Initial Discovery Pilot (“MIDP”) no longer requires that a defendant answer along with filing a Fed. R. Civ. P. 12 motion to dismiss, including fed. R. Civ. P. 12(b)(6) motions to dismiss for failure to state a claim. For the first eighteen months of the MIDP –…
Seventh Circuit Forbids Magistrates From Awarding Monetary Sanctions
By R. David Donoghue on
Posted in Local Rules
First Classics, Inc. v. Jack Lake Prods., Inc., No. 17 C 1996, Slip Op. (N.D. Ill. Jun. 1, 2017) (Cole, Mag. J.).
Judge Cole granted plaintiff’s motion to cancel the parties’ agreed settlement conference, but denied plaintiff’s motion for monetary sanctions without prejudice to refile its motion with more detail.
Because defendant refused to…
Court Identifies “Troubling” Trend of Plaintiffs Not Following Local Rules
By R. David Donoghue on
Posted in Local Rules
ABS-CBN Corp. v. Pinoy Grill, LLC, No. 16 C 11448, Slip Op. (N.D. Ill. Jan. 9, 2017) (Shadur, Sen. J.).
Judge Shadur sua sponte ordered plaintiff to comply with Local Rule 5.2(f) and the Court’s directive that all pleadings – including complaints – be delivered to the Court in hard copy. The Court ordered…
Attorney’s Fees Denied After Early §101 Invalidity Decision
By R. David Donoghue on
Posted in Damages, Local Rules
O2 Media, LLC v. Narrative Science Inc., No. 15 C 5129, Slip Op. (N.D. Ill. Jan. 3, 2017) (Tharp, J.).
Judge Tharp denied prevailing defendant Narrative Science’s 35 U.S.C. §285 motion to make exceptional and for attorney’s fees in this patent dispute after granting Narrative Science’s motion to dismiss which held plaintiff O2 Media’s…