Pretrial Information: Click on a topic
for more information.
Rule 16 Conferences Protective
Orders Settlement Conferences Final
Pretrial Conference Forms
Return to Judge Proud
Rule 16 Conferences
The parties are required to meet within twenty-one
(21) days after the first appearance of a defendant (and at least
twenty-one (21) days before any scheduling conference set by the
Court) to discuss the issues in the case and potential discovery
needs in accordance with Rule 26(f) of the Federal Rules of Civil
Procedure. Within seven (7) days after the meeting, 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 Court sets 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. The Rule 16 conference will be canceled
upon the receipt of the JROP.
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.
Top of Page Return
to Judge Proud General Information
Pretrial Information Hearing
and Trial Information Miscellaneous Information
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.
Top of Page Return
to Judge Proud General Information
Pretrial Information Hearing
and Trial Information Miscellaneous Information
Settlement Conferences
Settlement conference dates are usually initially set by the
Court as part of the Scheduling and Discovery Order. Typically,
settlement conferences are set at 9:30 a.m. Because it is impossible
to gauge in advance how long a settlement conference will last,
attorneys and parties attending the settlement conferences should
keep the entire day open.
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 or secondary counsel with a working knowledge
of the case 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.
*If during preparation for a settlement conference a party
determines that negotiations will be futile, then that party
should convey that information to the Court in the party's settlement
statement or a call to the Court. Defendants who appear with
nothing but nuisance money may find themselves paying the cost
of plaintiff(s) and plaintiff(s)' attorneys to attend.
Click here for Settlement
Statement of Attorney. Settlement statements may be
submitted to Judge Proud via his official proposed document
e-mail address at CJPpd@ilsd.uscourts.gov,
regular mail, or by fax (618-482-9010).
Final Pretrial Conference
Judge Proud 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.
Forms
Top of Page Return
to Judge Proud General Information
Pretrial Information Hearing
and Trial Information Miscellaneous Information
Staff:
Courtroom Deputy Clerk: (Scheduling matters) Angie Vehlewald (618)
482-9419
Court Security Officer: Richard Ray (618) 482-9139
Law Clerk: Meg Robertie
(618) 482-9106
Law Clerk: Joan Tanner (618) 482-9006
Address:
Melvin Price Federal Courthouse
750 Missouri Avenue,
Courtroom 4
East St. Louis, IL 62201
Phone: (618) 482-9006 Fax: (618) 482-9010
Return to Judges
|
