Judge Joan B. Gottschall
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- Written responses/requests for hearing due 12 days after TRO entry; hearing cancelled if none received.
Communication
Chambers
Document Filing Requirements9 rules
Every order extending a temporary restraining order must include the language in paragraph (¶ 8).
TROs must advise defendants of hearing date/time and response procedures.
Court's wording
Every temporary restraining order must advise the defendant(s) of the date and time of the scheduled hearing as well as the procedure for requesting a hearing or filing a written response to the motion for preliminary injunction.
Certificate of service required with motions for TRO extensions.
- Document
- Motion for TRO extension
Must include
- •Certificate of service
Court's wording
Along with any such motion, plaintiff(s) must file a certificate of service of the temporary restraining order and any order extending it upon defendant(s) in accordance with Federal Rule of Civil Procedure 5.
PI motion due 3 business days before hearing (preceding Friday if Wednesday hearing); certificate of service required.
- Document
- Motion for preliminary injunction
Must include
- •Certificate of service
Court's wording
A preliminary injunction hearing is tentatively set for [14 days after entry of TRO], at 10:30 AM Central Time. Any motion for preliminary injunction must be filed on or before [3 business days before the date of the tentative preliminary injunction hearing. If the preliminary injunction hearing is set on a Wednesday, this deadline must be the preceding Friday.] Along with any such motion, plaintiff(s) must file a certificate of service of the temporary restraining order and any order extending it upon defendant(s) in accordance with Federal Rule of Civil Procedure 5.
Citing images alone is insufficient to demonstrate likelihood of success on merits.
Court's wording
Citing images of the accused products and the plaintiff’s intellectual property to demonstrate a likelihood of success on the merits is not helpful and risks delay or denial of a motion. See, e.g., Unicolors, Inc. v. Shewin Flagship Shops, 2024 WL 3549568, at *1–2 (N.D. Ill. June 4, 2024).
Third parties cannot be named as in active concert without proof and notice.
Court's wording
Pursuant to Seventh Circuit authority, under Rule 65(d)(2), third parties not named in the complaint (typically, for example, Amazon and eBay) cannot be named as in active concert or participation with the defendant(s) unless their active concert or participation is proven and they receive advance notice and an opportunity to be heard before any such order is entered.
Plaintiff must show reasonable diligence in identifying defendant's address before alternative service.
Court's wording
Under this court’s ruling in Luxottica Group S.p.A. v. Defendants Identified on Schedule A, 391 F. Supp. 3d 816, 820–21 (N.D. Ill. 2019), a plaintiff in a typical Schedule A case must demonstrate that it exercised reasonable diligence in attempting to identify a defendant’s mailing address before service of process by an alternative means, such as e-mail, may be authorized under Fed. R. Civ. P. 4(f)(3).
Exhibits written in a foreign language must be filed with an admissible English-language translation. Using Google Translate or a similar service does not suffice.
Motions for expedited discovery, TRO, or preliminary injunction must demonstrate personal jurisdiction.
Court's wording
Every motion for leave to conduct expedited discovery, motion for temporary restraining order, and motion for preliminary injunction must show that the court likely has personal jurisdiction. Failure to make such a showing will result in denial of the motion without prejudice.
Filing & Service rules
Adjournment & Extension Requirements
Written responses/requests for hearing due 12 days after TRO entry; hearing cancelled if none received.
Any written response to, or request for a hearing on, the anticipated motion for preliminary injunction must be received by 10:30 AM on [12 days after entry of TRO.] If no written response or request for a hearing is received by the deadline, the tentative preliminary injunction hearing will be stricken (that is, cancelled), and the court will rule on the papers.
Civil cases
Page 3 | Scheduling a tentative preliminary injunction hearing
Chambers Communication Rules
Hearing requests via email to Chambers_Gottschall@ilnd.uscourts.gov with all counsel copied.
A hearing may be requested by sending an email message copying all counsel of record to Chambers_Gottschall@ilnd.uscourts.gov.
Civil cases
Page 3 | Scheduling a tentative preliminary injunction hearing
Preliminary injunction hearings scheduled Wednesdays/Fridays at 10:30 AM via teleconference unless good cause shown.
The court sets preliminary injunction hearings on Wednesdays and Fridays at 10:30 a.m. All such hearings will be held by teleconference unless a litigant shows good cause for holding an in-person hearing.
Civil cases
Page 3 | Scheduling a tentative preliminary injunction hearing