Pretrial Information: Click on a topic
for more information.
Rule 16 Conferences
Discovery Disputes
Protective Orders
Settlement Conferences
Final Pretrial Conference
Lewis v. Faulkner Notice
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Rule 16 Conferences
The parties are required to meet and confer, consistent with Federal Rule of Civil Procedure 26(f), at least twenty-one
(21) days prior to the scheduling conference set by the Court. At least seven (7) days prior to the scheduling conference, they must
submit Joint Report of Parties and Proposed Scheduling and Discovery
Order (“JROP”) to the Court. This form may be downloaded
by clicking here.
All parties are jointly responsible for arranging and participating
in this meeting and for submitting the JROP. If it is a Class
Action, click here
for the form. The failure to timely submit a JROP, that is consistent with the form provided in the local rules and accessible on this website, may result in an order to show cause.
The Court will set a Rule 16 Conference within forty (40) days after
the first appearance of a defendant, or with respect to removed
and transferred cases, within forty (40) days of the removal or
transfer to this District. Absent a specific
waiver by the Court, the conference will occur even though
the joint report has been timely submitted.
The Scheduling and Discovery Conference will be telephonic.
Plaintiff is responsible for placing the telephonic call between the parties. The Court's conference number is listed at the bottom of the page.
The purpose of the Rule 16 Conference is twofold: (1) to identify
and plan to deal with novel or difficult discovery issues; and
(2) to schedule a settlement conference. Counsel should be prepared
to discuss each at the conference.
In all but a very few cases, a settlement conference will be
set well before discovery closes. During the scheduling conference,
we will identify the least amount of discovery which is a necessary
predicate to a successful settlement conference. Expert discovery,
for example, is rarely necessary or useful prior to a settlement
conference. Sometimes cases have been so thoroughly investigated
by both sides by the time suit is filed in federal court that
no additional discovery is needed prior to a settlement conference.
In those instances, a settlement conference will be set as soon
as possible.
The Court is mandated to enter a scheduling order and, therefore,
very rarely continues Rule 16 conferences. Rule 16 conferences
will not be continued because of the filing of a motion to dismiss
or to remand. The Court encourages cooperation between the parties
in preparing and filing the JROP. A lack of cooperation does not
relieve a party from complying with the requirement to file a
JROP. If a party needs to file a separate JROP, a memorandum should
be attached to the JROP explaining why a joint plan cannot be
filed. The Rule 16 conference will be held as scheduled, and any
problems the parties have in working together will be addressed.
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Discovery Disputes
Shortly after a Scheduling Order is issued, counsel will receive my "Order Regarding Discovery." This order is self-explanatory. The parties are encouraged to resolve discovery disputes informally without Court intervention. Only after a party is capable of certifying that it has made, or has attempted to make, a good faith effort to resolve the discovery dispute may that party contact the Court regarding the dispute. Discovery disputes which cannot be resolved informally will be handled telephonically and without written motions or briefs.
The party seeking discovery shall schedule a telephone conference call between Judge Wilkerson and all parties contesting the particular discovery. The party scheduling the teleconference must make sure that each of the other parties are available prior to contacting chambers. The timing of the conference must be confirmed, in odd numbered cases, by Holly Stone (618) 482-9382, and, in even numbered cases, by Jonathan Waldron (618) 482-9278. If written discovery is involved, the interrogatories or requests in dispute should be faxed to chambers in advance of the teleconference. The FAX number is: (618) 482-9277. Letters from counsel containing arguments are neither helpful nor desired. The Court will rule on the dispute during the teleconference. In this manner, discovery disputes can be resolved within a week of occurrence. The Court's conference number is listed at the bottom of the page.
Disputes which arise during depositions can be addressed immediately via a phone
conference. Contact Robin Butler at (618) 482-9376 to schedule a conference.
The non-prevailing party in a discovery dispute will bear the cost of the conference call.
Protective Orders
Parties seeking Protective Orders must adhere to the dictates of the Seventh Circuit’s decisions in Union Oil Co. of California v. Leavell, 220 F.3d 562 (7th Cir. 2000) and Citizens First National Bank of Princeton v. Cincinnati Ins. Co., 178 F.3d 943 (7th Cir. 1999). At all times, the Court must protect the public’s interest in openness, and the presumption lies in favor of openness and against secrecy. A particularized showing of good cause must be made for protecting specific materials and information.
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Settlement Conferences
As mentioned above, settlement conference dates are selected during the Rule 16 conference. Typically, settlement conferences are set at 9:00 a.m. or 1:30 p.m. Because it is impossible to gauge in advance how long a settlement conference will last, The Court will try to keep the rest of the day open. Attorneys and parties attending the settlement conferences should do the same. There are few rules attending these conferences, but they are firm and will not be deviated from except in very unusual circumstances. They are:
*Lead counsel must attend.
*The parties must attend. A named individual defendant need not attend if covered by liability insurance. In that case, an insurance representative with full authority to negotiate and settle the case must be here. This is an area which causes trouble. Frequently, an insurance representative appears with
authority to a certain dollar limit. Most of the time, that
authority is insufficient to do the job. It then becomes necessary
to track down by telephone the person who really has the authority
so that negotiations can be completed. This is disruptive and
inefficient. A good rule of thumb for defendants trying to select
a proper representative is to bring a person who can agree to
any sum demanded by plaintiff without resort to the telephone.
In employment cases, defendants should
not bring anyone who had any relevant input in the employment
decision(s) which gave rise to the underlying lawsuit. In some
cases, due to the size of the defendant company, this is unavoidable.
Where it can be avoided, however, it must be. A good rule of
thumb is to leave behind anyone who might testify at trial concerning
the reasons for the employment action taken. Corporate counsel
are another group typically lacking objectivity. They are frequently
consulted prior to employment actions and are part of that mix.
Leave them at home if possible.
Municipalities, counties, and other public entities represented
by boards are often sued in federal court. On many occasions,
a quorum of a governing board has appeared at a settlement conference.
This is good as long as Open Meetings Act laws are not violated.
Counsel are urged to take appropriate precautions.
Defendants who appear with nothing but nuisance money may find themselves paying the cost of plaintiff(s) and plaintiff(s)’ attorneys to attend.
If, during preparation for a settlement conference, the parties determine that the conference should not be held, the parties MUST, as soon as possible, file a motion to cancel the conference. In the motion, the parties should state why the otherwise mandatory settlement conference should not be held. Absent such a motion (and a subsequent order cancelling the conference), the settlement conference will be held as scheduled and the parties will still be under an obligation to timely submit settlement statements.
Settlement statements are to be submitted to the Court at least seven (7) days prior
to the settlement conference. Click (here) for a copy of the Settlement Statement of Attorney. The failure to timely
submit a settlement statement may result in an order to show cause.
Settlement statements must be
submitted to Judge Wilkerson via his official proposed document
e-mail address at DGWpd@ilsd.uscourts.gov,
regular mail, by fax (618-482-9277), or in person by the deadline.
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Final Pretrial Conference
Judge Wilkerson utilizes the Final Pretrial Order set out in the
Local
Rules. Forms may be obtained from the Clerk’s Office
for a fee of $3.00 or may be downloaded by clicking here.
Click here
for instructions in how to prepare the Final Pretrial Order.
The Court expects faithful adherence to the rule requiring cooperation
between the parties for completion of the Final Pretrial Order.
Parties are expected to have their exhibit lists attached to
the proposed order at the time of the conference and already evaluated
by opposing parties to determine issues as to admissibility.
Should counsel anticipate any novel or particularly difficult
legal issues which will require extensive arguments outside the
hearing of the jury, the Court shall be so advised at the final
pretrial conference. The Court will then determine a time and
forum for resolution of the issues involved and whether counsel
will be required to brief the issues and when.
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Lewis v. Faulkner, 689 F.2d 100 (7th Cir. 1982), Notice
In any case where notification of the filing of a motion for summary judgment is required because a party is proceeding pro se, the Court encourages the use of the following notice:
Lewis v. Faulkner Notice (WP version)
Lewis v. Faulkner Notice (PDF version)
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Staff:
Main Chambers: (618) 482-9380
Courtroom Deputy Clerk: (Scheduling matters)
Robin Butler (618) 482-9376
Law Clerk: Jonathan Waldron (618) 482-9278
Law Clerk: Holly Stone (618) 482-9382
Court Security Officer: Bennie Radford (618) 482-9139
Teleconference: (618) 482-9004
Fax: (618) 482-9277
Address:
Melvin Price Federal Courthouse
750 Missouri Avenue,
Courtroom 5
East St. Louis, IL 62201
Proposed Orders and Joint Reports should be e-mailed to: DGWpd@ilsd.uscourts.gov
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