General:

COUNSEL AND LITIGANTS SHOULD VISIT THIS PAGE FROM TIME TO TIME FOR UPDATES.

Attorneys should be prepared to discuss settlement at the earliest opportunity. Mediation and arbitration will be used in cases where appropriate. Court endeavors to resolve cases within one year of filing, absent extraordinary circumstances.

Pro se litigants are, by law, presumed to know the law and correct procedure (and must accept the results of their errors). The court sits as an impartial arbiter, and all litigants will be treated equally.

Case Management Conferences are conducted via telephone unless the parties request otherwise. In person conferences with the Court may be scheduled in lieu of the telephonic CMC upon request. Prior to the CMC, counsel for plaintiff(s) is required to inform all opposing counsel and unrepresented parties, in writing, of the date and time of the CMC. Plaintiff's counsel is to initiate the call with all other counsel present to the Staff Attorney at 216-443-8611. Parties are to have their calendars available and should prepared to discuss service issues, discovery progress, scheduling matters, and alternative dispute resolution options.

THE PARTIES SHOULD NOT WAIT FOR THE CMC BEFORE BEGINNING TO CONDUCT DISCOVERY.

Any party who fails to participate in the CMC will be deemed to have accepted the scheduling order established by the court.

Pre-Trials: 

Pre-trials are conducted in person unless prior arrangements have been made with the Court and all parties. If the pre-trial appearance is to be conducted by telephone, the plaintiff shall initiate the conference call to the Court's bailiff, Leo Blatt, at (216) 443-8685. Parties are to be prepared to discuss settlement at pre-trials. Pre-trials will be rescheduled only with the consent of all counsel or parties and the submission, in writing, to the Court of alternate available dates agreeable to all parties.

Motion Practice: 

Parties are required to confer with the Court prior to filing any discovery motions (see Discovery Disputes, below).

COURTESY COPIES: Counsel is directed to provide the staff attorney with copies of motions for summary judgment and complex or extraordinary procedural motions (e.g., motions for class action certification, restraining and protection orders, injunctive relief, etc.), trial briefs, proposed jury instructions, motions in limine, and dismissal entries when filed.

Courtesy copies are to be delivered to the court upon filing. Delivery may be made by leaving a copy with the bailiff in courtroom 22C or with the staff attorney on the 11th floor.

Discovery: 

Discovery schedule is set at the Case Management Conference (CMC).

DISCOVERY DISPUTES: Parties are expected to make all reasonable efforts to settle discovery disputes among themselves. Parties are required to contact the staff attorney and initiate a telephone conference prior to filing any discovery motions (motion to compel, motion to quash, motion for protective order, etc.) Parties will be provided a full opportunity to make a record of any perceived discovery violations.

EXTENSION: Parties may, by mutual agreement, extend the deadline for completing discovery; provided, any such extension shall not, under any circumstances, alter any other court-scheduled events, deadlines, or mediation.

Settlement Conference: 

The parties may request a settlement conference at any time. All parties and chosen representatives must be present with full, final, and immediate settlement authority. If the real party in interest is an insurance company, corporation, common carrier, or other artificial entity, then the chosen representative must be the person with full, final, and immediate authority to negotiate and enter into a binding settlement agreement as to all claims. A governmental entity shall send a representative authorized to act on its behalf.

Parties are expected to negotiate in good faith; failure to do so may result in sanctions.

Calendaring and Continuances: 

Parties seeking continuances of scheduled court dates, other than trial dates, must file a motion indicating the consent of all parties and alternate available dates for rescheduling. No continuances will be granted until a new date is calendared with the Court.

Consistent with Local Rule 17, continuances of trial may be granted for good cause shown. Motions to Continue must be in writing, state the reason for the request, and be endorsed in writing by the parties as well as counsel. Agreed motions, signed by all parties and counsel, will be granted absent unusual circumstances or undue delays. All Motions to Continue must state alternate trial dates within 4 weeks of the scheduled trial date.

Trials: 
Judge Sheehan's Trial Order

Default Judgments:

DEFAULT HEARING: Default judgment hearings are held in courtroom 22C. Parties are required to be present. Plaintiffs' attorney are required to bring to the hearing the following items:

-judgment entry; -affidavit signed by the plaintiffs' attorney averring compliance with all service requirements in accordance with applicable statutes and rules; -affidavit signed by the plaintiff(s) or plaintiffs' representative proving damages.

DEFAULT NOTIFICATION: Plaintiffs are required to notify, in writing, all parties against whom default judgment is sought of the time and date of the default hearing by regular and certified mail, return receipt requested, at least fourteen (14) days in advance of the hearing date. Proof of mailing is required at the hearing. Certified mail receipt or proof of certified mail service attempts, available from the USPS website, is required also.

Judge's Recent Opinions