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Federal Bar Update: Northern, Southern District courts cleaning up local rules

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Federal Bar Update

Local Rule amendments are in the works in the Northern District and Southern District of Indiana, with amendments to take effect Jan. 1. In the Northern District, the court has issued formal notice of its proposed amendments, inviting comments by Nov. 18. The amendments are posted on the website, but include the following of note:

Local Rule 6-1(b) on extensions of time would have no substantive change, but be cleaned up as follows with italics showing additions:

(b) Automatic Initial Extension. The deadline for filing a responsive pleading or a response to a written request for discovery or admissions will automatically be extended upon filing a notice of the extension with the court if: to respond to a pleading or a discovery request – including requests for admission – is automatically extended when an extension notice is filed with the court and:

(1) the deadline has not been extended before;

(2) the extension is for 28 or fewer days; and

(3) the party has diligently attempted to contact opposing attorneys to get their agreement to the extension;

(4) all opposing attorneys the party could reach have agreed to the extension; and

(5) the notice states:

(A) the original deadline and the requested deadline;

(B) the new deadline; that all opposing attorneys the party could reach have

agreed to the extension;
and

(C) that all opposing attorneys the attorney could reach agreed to the extension; or that the party could not reach any other opposing attorneys despite due diligence.

The amendment would also add subsection (c) to clarify no application to pro se parties, reading, (c) Pro Se Parties. The automatic initial extension does not apply to pro se parties.

In the Southern District, a similar cleanup to its Local Rule 6-1(b), along with several other modest Local Rule amendments, will be considered by the court and released for public comment.

Separately, the Northern District has posted for public comment a new set of Local Patent Rules. Although there are only six such rules proposed, they are lengthy and significant. Any patent litigators should review them and offer comments.

New magistrate judge

The Northern District of Indiana recently announced its selection of John Martin to succeed Magistrate Judge Andrew Rodovich in the Hammond Division effective March 1 after Judge Rodovich’s retirement. Martin is a graduate of the Valparaiso University School of Law and currently serves as deputy federal community defender in Hammond. He previously served as an associate with Salberg & Weiss, representing civil litigants. In 1988, he became a deputy prosecuting attorney with the Porter County Prosecutor’s Office. In 1990, Martin became an associate with the Law Offices of James V. Tsoutsouris & Bertig. During his years with Tsoutsouris & Bertig, he was appointed a part-time deputy public defender in the Porter Superior Court. While with the Porter County Public Defender’s Office, Martin served as the chief appellate public defender.

Interesting opinion on ‘expert witnesses’

In Goesel v. Boley Int’l Ltd., 2012 WL 5269234 (N.D. Ill Oct. 24. 2012), Judge Milton I. Shadur addressed various motions in limine, which are not noteworthy. What caught this author’s eye, however, was Judge Shadur’s description of “opinion witnesses” with a footnote to a five-paragraph appendix in which he explains that he “does not permit the label ‘expert witness’ to be used in its trials, nor does that label appear in its opinions. That stance is not a mere idiosyncrasy, and this Appendix . . . explains why.” (emphasis in original). Judge Shadur then describes his work as a member of the Advisory Committee on the Rules of Evidence where this issue was discussed, and he also notes that in the 7th Circuit Pattern Jury Instructions, there is no use of the term “expert.”

Judge Shadur’s approach is novel and interesting. For practitioners seeking to keep an opposing party’s expert from being described as such in trial, a source for consideration.

Save the date

The annual Federal Civil Practice 3-hour CLE seminar will be Thursday, Dec. 20, from 1:30 – 4:45 p.m. in Indianapolis, with federal judges from the S.D. of Indiana as panelists. Register online through Indiana Lawyer at http://www.theindianalawyer.com/events.

__________

John Maley – jmaley@btlaw.com – is a partner with Barnes & Thornburg LLP, practicing federal and state litigation, employment matters, and appeals. The opinions expressed are those of the author.
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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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