Smith v. Illinois Department of Transportation

Filing 9

MEMORANDUM Order: This Court hereby orders: 1. that the missing copy of the complaint be delivered to this Court's chambers forthwith and 2. that such delivery be accompanied by a check for $100 payable to the "Clerk of the District Court" by reason of the LR 5.2(f) violation, a requirement foreshadowed by the opening provision in this Court's website. Signed by the Honorable Milton I. Shadur on 3/26/2015:Mailed notice(clw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
TERRY SMITH,
Plaintiff,
v.
ILLINOIS DEPARTMENT OF
TRANSPORTATION,
Defendant.

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Case No. 15 C 2061

MEMORANDUM ORDER
Although this action was filed on March 9, 2015, plaintiff's counsel has ignored the
explicit directive of this District Court's LR 5.2(f) that requires the delivery of a paper copy of
the complaint for the assigned judge's use within one business day after filing. 1 To underscore
the importance of that requirement to the case management procedures followed by this Court,
the first paragraph in its website repeats the requirement, adding that a delivery to this Court's
chambers on the date of filing, if possible, would be appreciated (although such earlier delivery
is not essential).
Despite the literal one-business-day requirement of LR 5.2(f), this Court has customarily
allowed a grace period -- typically at least a week 2 -- before the issuance of this type of

1

In an effort to monitor compliance with that requirement (which has regrettably not
always been adhered to by lawyers), both this Court's secretary and its courtroom deputy
maintain lists of all deliveries by counsel to this Court's chambers. Although that recordkeeping
is intended to be error-free, if counsel here were to establish that what is said in this
memorandum order is in error, the sanction called for by this memorandum order will of course
be rescinded.
2

That grace period varies somewhat from case to case, the result of this Court's
obtaining the Clerk's Office printouts reflecting new case filings only sporadically rather than on
a regular (say weekly) basis.

memorandum order. In this instance that added time has elapsed without compliance by
plaintiff's counsel, and this Court hereby orders:
1.

that the missing copy of the complaint be delivered to this Court's
chambers forthwith and

2.

that such delivery be accompanied by a check for $100 payable to the
"Clerk of the District Court" by reason of the LR 5.2(f) violation, a
requirement foreshadowed by the opening provision in this Court's
website.

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Milton I. Shadur
Senior United States District Judge
Date: March 26, 2015

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