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`United States Distr1ict Cou1rt
`NORTHERN DISTRICT OF ILLINOIS
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`IOP13. Reassignments and Transfers
`Internal Operating Procedures
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`(a) multidistrict litigation. when it is brought to the attention of the executive committee that
`proceedings similar to those in a case pending in this district are pending in one or more other
`districts and that coordinated or consolidated pretrial discovery proceedings should be conducted,
`the committee will notify each judge upon whose calendars such cases appear of the proceedings
`in the other district or districts. each such judge will transfer the case or cases to the calendar of
`the executive committee. the committee will reassign the cases to a judge designated by the
`committee for the purpose of hearing and determining any and all motions in connection with
`such multi-district litigation. the judge to whom the cases are so assigned shall have the power to
`transfer them for the purpose of discovery to another district, either in this or in another circuit,
`when it is deemed necessary to promote multi-district discovery, provided that in those instances
`where the transfer of cases to other districts is being considered by the panel for multi-district
`litigation, the case shall not be transferred until such time as the panel has made its
`determination.
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`cases reassigned under this procedure that require trial following the completion of the
`consolidated discovery shall be transferred to the executive committee for reassignment to the
`judge from whose calendar they were initially transferred. if that judge is no longer sitting, the
`cases shall be reassigned by lot.
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`(b) fugitive calendar. the executive committee shall maintain a calendar called the fugitive
`calendar. defendants in criminal cases shall be assigned to that calendar in accordance with the
`procedures set out in this section. where appropriate, the term "judge" used in this section shall
`mean both district judge and magistrate judge.
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`LG Electronics, Inc. et al.
`EXHIBIT 1036
`IPR2016-01516
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`(1) reassignment of cases to the fugitive calendar. whenever a defendant in a criminal
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`case is fugitive for more than 30 consecutive days or whenever short of said 30 days the
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`judge determines that a defendant is fugitive, the judge to whom the case is assigned shall
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`transfer the defendant to the fugitive calendar. such transfer shall be made even in those
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`instances where other defendants in the case are not fugitive and the case is proceeding
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`as to them, provided that where the judge determines that the presence of the fugitive
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`defendant in such multiple defendant case is required for the trial of the non-fugitive
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`defendants, and an order is entered to that effect, the fugitive defendant shall remain on
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`the calendar of the judge.
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`(2) procedures for removing cases from the fugitive calendar. where a defendant on
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`the fugitive calendar is arrested or appears and the judge to whom the case was assigned
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`is still sitting and hearing criminal cases, the clerk shall promptly transfer the defendant
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`from the fugitive calendar to the calendar of thatjudge.
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`if the judge is either no longer
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`sitting or is no longer receiving assignment of criminal cases, the following procedures shall
`be followed:
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`(a) where the defendant is to be brought before a judge immediately following arrest
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`or appearance, the united states attorney shall have the defendant brought before
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`the emergency judge who shall order the clerk to notify the executive committee of
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`the need to have the defendant reassigned from the fugitive calendar.
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`(b) on being informed of the arrest or appearance of the defendant either as
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`provided in (2)(a) or through other notification, the clerk shall promptly notify the
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`executive committee of the need for an order directing the reassignment of the
`defendant.
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`(3) deferred prosecution and the fugitive calendar. whenever subsequent to the filling
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`of an indictment or information the judge approves a deferred prosecution for one or more
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`of the defendant in the case and the case is not to be dismissed until the completion of the
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`period covered by the deferred prosecution, the judge shall transfer the case to the
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`executive committee for reassignment to the fugitive calendar. following successful
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`completion of the conditions of deferred prosecution or where the united states attorney
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`indicates that the conditions have not been met and prosecution should be continued,
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`the judge from whose calendar the case was reassigned shall notify the clerk of the need
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`for an order of the executive committee reassigning the case from the fugitive calendar to
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`the calendar of that judge.
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`(4) calendar call of the fugitive calendar.
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`the executive committee may assign one or
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`more judges for the purpose of making a periodic call of the cases on the fugitive calendar.
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`the judge orjudges assigned shall from time to time consult with the united states attorney
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`and the attorney general to ascertain whether dismissals of particular criminal actions shall
`be deemed available.
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`(c) reassignments and assignments of cases to the chief judge and seniorjudges. from
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`time to time the executive committee may assign cases to the chiefjudge or to any seniorjudge.
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`such assignments may be performed in any of the following ways:
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`(1) the executive committee may direct the clerk to assign cases to the chiefjudge or to a
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`seniorjudge in the same manner as cases are assigned to a regular active judge but limit
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`the number of categories so assigned.
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`(2) the executive committee may direct the clerk to include the name of the chiefjudge or
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`seniorjudge in the assignment process of one or more assignment categories.
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`in any
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`order directing the assignment of new filings to the chiefjudge or a seniorjudge, the
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`executive committee shall fix the frequency with which the name of the chiefjudge or
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`seniorjudge shall appear in the process for the assignment category specified.
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`the order
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`shall also direct the clerk to assign cases in the assignment categories specified whenever
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`thatjudge’s name appears.
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`(3) the executive committee may, with the consent of the judge to whom such case or
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`cases is assigned, direct that one or more cases be reassigned to the chiefjudge or to any
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`senior judge.
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`(4) where a case is reassigned from a seniorjudge pursuant to 28 u.s.c. §294(b)
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`(https://www.|aw.corne||.edu/uscode/text/28/294), the case shall be reassigned by lot to a
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`regular active district judge.
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`(d) reassignment by agreement. where two or more judges agree that the reassignment of one
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`or more cases to one of them will enable the case or cases to be more efficiently administered
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`and will serve to save judicial time, the cases involved may be transferred to the executive
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`committee with a request for such reassignment.
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`the request shall indicate briefly the reasons for
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`such reassignment and specify whether or not the judge receiving the case is to return any case
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`or cases to the committee for reassignment to the transferring judge.
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`if the committee finds that
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`the reassignment will enable a more efficient administration of the cases, it may then order the
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`reassignment.
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`(e) coordinated pretrials in complex cases not involving multi-district litigation.
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`the
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`executive committee may determine that it would be in the best interests of efficientjudicial
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`administration to hold a coordinated pretrial proceeding in a group of cases which either (1) are
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`not related within the meaning or |r40.4(a) (viewruledetai|s.aspx?rid=48) or (2) are related within
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`the meaning of lr40.4(a) (viewruledetails.aspx?rid=48) but reassignment is not appropriate under
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`|r40.4(b) (viewru|edetai|s.aspx?rid=48). where such a determination is made, the committee will
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`designate a judge to hold such a proceeding.
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`the cases shall remain on the calendars of the
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`judges to whom they were assigned at the start of the coordinated proceeding and only matters
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`specified in the order of coordination shall be brought before the designated judge. all judges
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`affected by such a coordinated pretrial proceeding shall be notified by the clerk.
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`(f) recusals. (amended july 7, 2000)
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`(1) general procedures. except as otherwise provided in this section, whenever a case is
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`transferred to the executive committee for reassignment following a recusal, the committee
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`shall direct the clerk to reassign the case by lot to a judge other than the judge who entered
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`the recusal. a judge receiving a case on reassignment following a recusal shall promptly
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`determine whether or not to enter a recusal. where a recusal is entered, the judge shall
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`promptly transfer the case back to the committee which shall thereupon direct the clerk
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`to reassign the case by lot to a judge other than those previously entering recusals. where
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`a recusal is not entered, the judge may transfer to the committee for reassignment to the
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`judge entering the initial recusal a case requiring a like amount ofjudicial effort for
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`disposition.
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`the committee will reassign that case subject to verification that it will require
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`like judicial effort.
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`(2) recusals with equalization. where the reason for the recusal is included in one of the
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`categories specified in this subsection, the judge entering the recusal may request that in
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`lieu of receiving a like case form the receiving judge, the recusal be made part of the
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`calendar equalization set out in iop11(b) (viewru|edetails.aspx?rid=214).
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`the categories of
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`recusals for which this procedure may be used are as follows:
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`(a) cases in which a recusal is entered because a relative of the judge works for a
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`law firm, or the u.s. attorney's office, which represents or is one of the parties to the
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`case; and
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`(b) cases in which one of the parties is or was represented by a law firm with which
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`the judge was associated within the previous five years.
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`(c) cases in which the judge determines that a recusal is required because one of
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`the parties was previously represented by the judge.
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`(g) calendar of short civil trials.
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`the calendar of short civil trials is a program intended to
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`provide a list of cases that are ready for trial and where the trial is expected to take no more than
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`five days. cases on the list can be handled by visiting judges or by judges of the court who as a
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`result of unanticipated settlements find that they have available time to try a case.
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`(1) the following definitions shall apply to section (g):
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`(a) judge: any districtjudge of this court on whose calendar there are civil cases
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`pending.
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`(b) listing form: a form approved by the executive committee to be used by the
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`assigned judge to effect the addition or removal of a case to or from the short civil
`trial calendar.
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`(c) ready for trial: a short civil trial case is ready for trial if (i) the final pretrial order
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`has been entered and (ii) there are no unresolved pending motions other than
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`motions in Iimine reserved for ruling at trial.
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`(d) requesting judge: a judge who requests a case from the short civil trial
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`calendar or to whom such a case has been transferred but not reassigned.
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`(e) short civil trial case: a short civil trial case is a civil case that is ready for trial
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`and it is estimated by the assigned judge at the time of entering the pretrial order
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`that the trial will last no more than five days, including jury selection.
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`(f) short civil trial calendar: all cases in which a listing form has been received by
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`the clerk that are still pending and available for reassignment to a requesting judge.
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`(g) short civil trial calendarjudge: the chiefjudge, or a judge designated by the
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`chiefjudge, will be the short civil trial calendarjudge. the short civil trial calendar
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`judge will be responsible for coordinating the trial of cases on the short civil trial
`calendar.
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`(2) any judge may place a short civil trial case on the short civil trial calendar by sending a
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`completed listing form to the clerk.
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`in order to assist the court in determining whether or
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`not placing a case on the short civil trial calendar might be inappropriate, counsel will
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`include in the final pretrial order form information concerning the anticipated circumstances
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`of the trial that might impact scheduling.
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`(3) on receiving the listing form, the clerk shall forthwith docket the form and notify counsel
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`and parties of the docketing in the manner provided by fed.r.civ.p 77(d)
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`(https://www.law.corne||.edu/rules/frcp/ru|e_77) for notice of orders orjudgments.
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`the clerk
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`will include with the notice a reminder to parties of their right to consent to a reassignment
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`of the case to the designated magistrate judge pursuant to 28 u.s.c. §636(c)
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`(https://www.law.cornell.edu/uscode/text/28/636) and lr73.1 (b) (viewruledetails.aspx?
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`nd=72)
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`(4) any judge, including any senior district judge or visiting judge designated to hold court
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`in this district, who is available to try a short civil case may request such a trial from the
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`short civil trial calendarjudge.
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`the short civil trial calendarjudge will forward the earliest
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`filed case on the short civil trial calendar that fits the available trial time of the requesting
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`judge. any case so selected will be transferred to the requesting judge for pretrial review.
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`such transfer will serve as authority for the requesting judge to act in the case as if the
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`case had been reassigned, although the case will remain on the docket of the assigned
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`judge.
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`the case will be reassigned to the requesting judge for all purposes if it is settled by
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`thatjudge, or if that judge starts a trial in the case.
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`(5) if the requesting judge determines that a transferred case is not ready for trial, that
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`judge will so inform the short civil trial calendarjudge.
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`the short civil trial calendarjudge
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`will so notify the assigned judge and may thereupon remove the case from the short civil
`trial calendar.
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`(6) nothing in this rule shall preclude the assigned judge from settling or trying a case the
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`judge has listed on the short civil trial calendar.
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`if the assigned judge is able to resolve the
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`case, the judge will forward a completed listing form to the clerk.
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`the clerk will notify the
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`short civil trial calendarjudge that the case is to be removed from the short civil trial
`calendar.
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`(7) motions brought in cases listed on the short civil trial calendar prior to its transfer to a
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`requesting judge shall be heard by the assigned judge. motions brought after the transfer
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`but before the reassignment of the case to the requesting judge will be brought before the
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`requesting judge.
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`the requesting judge may thereupon send the motions to the assigned
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`judge.
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`(8) when a case is disposed of following a trial conducted by a requesting judge who
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`routinely participates in the assignment of civil cases filed in the eastern division, then that
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`judge shall receive equalization in the form of one skip in the assignment deck of the same
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`category as that of the case closed.
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`(h) transfer of motions by agreement. a judge may with the agreement of the receiving judge
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`transfer one or more pending motions to be ruled upon by the receiving judge without transferring
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`the case.
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`the transferring judge shall notify the executive committee of any transfer made under
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`this rule. such notice will be on a form approved by the committee.
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`notice of any transfer under this rule shall be sent to the parties.
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`the notice shall indicate the
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`name of the receiving judge. any motion challenging the transfer on grounds other than the
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`recusal of the receiving judge will not be entertained. any such motion shall be filed with the
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`receiving judge. any motion for rehearing of a ruling by the receiving judge shall be presented to
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`the receiving judge.
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`(i) reassignment of criminal cases with multiple defendants. except as provided by the
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`executive committee’s order reassigning a criminal case with multiple defendants, the
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`reassignment order shall include all defendants.
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`(j) other reassignments and transfers.
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`if a case is reassigned from a judge who is temporarily
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`not receiving cases pursuant to an order of the executive committee, the judge to whom the case
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`is reassigned shall receive equalization in the form of one skip in the assignment deck of the
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`category in which the case was initially assigned.
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`if a case is transferred to the executive
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`committee for any reason not otherwise provided for in local rules or the internal operating
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`procedures and the committee agrees that the case should be reassigned, it shall cause the case
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`to be reassigned by lot.
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`if the name of the transferring judge is drawn, another drawing shall be
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`made.
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`the judge who receives the case may transfer to the committee a case or cases requiring
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`a like amount ofjudicial effort to dispose of it or them, with the recommendation that it or they be
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`reassigned to the calendar of the transferring judge.
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`(k) order of reassignment. where one or more cases are to be reassigned pursuant to |r40.4
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`(viewruledetails.aspx?rid=48), |r40.5 (viewruledetails.aspx?rid=49), or sections (a), (b), (c), (d), (f),
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`or (i) of this iop, the assigned judge shall complete the appropriate reassignment transfer form.
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`if
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`the assigned judge is no longer sitting, the clerk shall complete the form.
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`the transfer form will be
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`given to the clerk who shall promptly transmit it to the chiefjudge.
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`the chiefjudge may on receipt
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`of the form enter an order on behalf of the executive committee to review the requested
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`reassignment at the next meeting. a case will be deemed reassigned following the docketing of
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`the order of the executive committee directing its reassignment.
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`amended march 3, 2011; february 27, 2014; may 23, 2014; december 23, 2014
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`Note: The court does not control nor can it guarantee the accuracy, relevance, timeliness, or completeness of this information. Neither is it
`intended to endorse any view expressed nor reflect its importance by inclusion in this site.
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`#RuIe [D21 6
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