Judge Robert M. Dow Jr.

In all new cases assigned to Judge Dow’s calendar (as distinguished from cases transferred from other judges to Judge Dow’s initial calendar), counsel are directed to confer, prepare, and file a joint status report, not to exceed five pages, no later than two business days prior to the initial status conference.

counsel are directed to confer, prepare, and file a Rule 26(f) report, not to exceed five pages except in extraordinary circumstances, no later than two business days prior to the initial status conference.

Opening briefs are limited to 25 pages.

A responsive brief is limited to 25 pages.

Reply briefs are limited to 15 pages.

Each party shall prepare sufficient bound volumes of exhibits to accommodate the following: one copy for each party, one copy to be kept on the witness stand, one copy for the court reporter, and one copy for Judge Dow.

In diversity cases or other cases requiring a jurisdictional amount in controversy, the Order shall contain either a stipulation that the required jurisdictional amount is involved or a brief written statement citing evidence supporting the claim that such a sum reasonably could be awarded.

The parties must meet and confer by no later than seven days before the Final Pretrial Order is due to discuss their respective drafts and to reach agreement to the extent possible.

Defendant’s counsel must respond in writing to plaintiff’s draft no later than fourteen days before the Final Pretrial Order is due, including any objections, changes, and additions to plaintiff’s draft, as well as defendant’s portions of the draft Final Pretrial Order (e.g., defendant’s witness list, exhibit list, and objections to exhibits and deposition testimony listed by plaintiff).

Any witness not listed in the Final Pretrial Order will be precluded from testifying absent a showing of good cause, except that each party reserves the right to call such rebuttal witnesses (who are not presently identifiable) as may be necessary.

A concise statement (one or two paragraphs) of the claim(s) of the plaintiff(s), defense(s) of the defendant(s), and all counterclaims or cross-claims.

Plaintiff’s counsel is responsible for preparing the initial draft of the Final Pretrial Order and must provide a draft to defendant’s counsel no later than twenty-one days before the date on which the Final Pretrial Order is due.

Absent prior modification by the Court, the parties in every civil action that is scheduled to proceed to trial shall jointly prepare and submit a Final Pretrial Order.

The cover document must state that “This Order will control the course of the trial and may not be amended except by consent of the parties, or by order of the Court to prevent manifest injustice.”

Following the meet-and-confer process, it is the responsibility of plaintiff’s counsel, with full cooperation from defendant’s counsel, to assemble the Final Pretrial Order for filing.

The document also must be signed by counsel for each party and must contain a space for the judge’s signature.

A list of names and addresses of all witnesses: (a) who will be called; (b) who may be called; and (c) whose deposition will be used at trial.

For each witness whose deposition will be used at trial, a chart containing the following information: (a) a listing, by page and line, of the testimony that each side seeks to present; (b) a concise statement of objections to any testimony and the basis for the objection; and (c) a concise statement of the asserted basis of admissibility.

Any exhibit not listed in the Final Pretrial Order will be excluded from evidence absent a showing of good cause.

If there are objections, a copy of the deposition (preferably in small-type format) must be provided with the Final Pretrial Order.

If there are objections, a copy of the proposed exhibit must be provided with the Final Pretrial Order.

Stipulations or statements setting forth the qualifications of each expert witness in such form that the statement can be read to the jury at the time the expert witness takes the stand.

Objections not made in the Final Pretrial Order will be deemed waived absent a showing of good cause.

For a jury trial, the parties shall submit proposed voir dire questions.

Proposed instructions as to which there is no agreement shall be numbered, shall identify the proponent of the instruction, and shall include supporting authority.

For a jury trial, proposed jury instructions, verdict forms, and any special interrogatories are to be included in the Final Pretrial Order, both in hard copy and on a disk (in Word or Word Perfect).

If an exhibit is to be displayed to the jury, the party intending to display the exhibit must make sufficient copies for all jurors or must use an enlargement or projection of the exhibit.

For a bench trial, each party shall submit with the Final Pretrial Order a hard copy and a disk (in Word or Word Perfect) containing its proposed findings of fact and conclusions of law.

The parties are directed to confer and agree upon jury instructions, verdict forms, and any special interrogatories to the extent possible, prior to the submission of the Final Pretrial Order.

A bench book of joint exhibits and each party’s separate exhibits is to be delivered to the Court and made available to all counsel no later than two business days before the start of trial.

At the time of trial, an unmarked original set of instructions, verdict forms, and any special interrogatories shall be submitted to the Court on 8½” x 11” sheets to be sent to the jury room after being read to the jury.

Any motion in limine filed by a party must be accompanied by a statement that the party has conferred with the opposing party and has determined that the matter upon which a ruling is sought is actually in dispute – that is, that the opposing party intends to offer the evidence that the movant seeks to exclude, or actually opposes admission of the evidence that the movant seeks to include.

In diversity and other cases in which Illinois law provides the rule of decision, use of Illinois Pattern Instructions as to all issues of substantive law is required.

Absent good cause, no further discovery shall be permitted.

If a party intends to call as a witness and/or submit affidavits of experts, a statement of the expert’s qualifications shall be submitted as an additional attachment to any memorandum submitted.

Two weeks before the claim construction hearing, the parties must file a Joint Pre- hearing Statement with the following information: A. The anticipated length of time anticipated for a claim construction hearing; B. The identity of any witnesses each party intends to call at such a hearing; and C. A brief summary of the nature of each witness’s testimony and the anticipated length of such testimony.

1. In the joint status report, please provide the following information: A. The attorneys of record for each party, including the attorney(s) expected to try the case. B. The basis for federal jurisdiction. C. The nature of the claims asserted in the complaint and any counterclaim. D. The name of any party who or which has not been served, and any fact or circumstance related to non-service of process on such party. E. The principal legal issues. F. The principal factual issues. G. Whether a jury trial has been demanded by any party. H. A brief description of any discovery that has been taken and of the discovery anticipated to be required, and suggested dates for discovery deadlines and cutoff. Parties are reminded of their discovery obligations under Fed. R. Civ. P. 26 and Local Rule 26.1.

I. If reasonably ascertainable at this early stage of the case, the earliest date the parties would be ready for trial and the estimated length of trial. J. Whether the parties consent unanimously to proceed before a Magistrate Judge. K. The status of any settlement discussions. L. Whether the parties request a settlement conference.

The parties must provide a concise statement of the basis for federal subject matter jurisdiction.

Relief sought: An itemization of damages and other relief sought.

Duplicate exhibits shall not be listed by different parties, but may be offered as joint exhibits.

The subject matter of each expert’s testimony shall be specified.

Cumulative documents shall be omitted.

The parties shall provide a schedule of all exhibits that the parties may introduce at trial, including a list of the subject matters of any demonstrative exhibits or evidence, identified by trial exhibit number, with a brief description of each exhibit.

Each party must provide a statement of any objection to each exhibit.

Each party must provide a statement of any objections to the calling of any witnesses, including expert witnesses.

All parties shall stipulate to the authenticity of exhibits whenever possible and shall identify any exhibits as to which authenticity remains in dispute and the specific reasons for any party’s refusal to stipulate.

The parties must provide a statement of whether the trial will be a bench trial or jury trial and a realistic estimate of the expected length of the trial.

Objections must be set forth in writing and shall include the basis for the objection and supporting authority.

In the event that discovery has not been completed, the parties shall state what discovery needs to be completed by each party.

As to all other issues, and as to all issues of substantive law where Illinois law does not control, the following pattern jury instructions shall be used in the order listed – that is, an instruction from (ii) shall be used only if no such instruction exists in (i):

The parties shall include a statement that all discovery is complete, including the depositions of expert witnesses (unless the Court has previously ordered otherwise).

In the Rule 26(f) report referenced above, please provide the following information:

A. The parties must file one joint appendix with the patentee’s opening brief with the patent(s) in dispute and the prosecution history for each patent.