Judge Cox

Judge Jacqueline P.Cox

Courtroom 619
Chambers: (312) 435-5679
Courtroom Deputy: (312) 435-5651
Information line: (312) 408-5084

Chambers:

Everett McKinley Dirksen United States Courthouse
219 South Dearborn Street
Chambers 656
Chicago, IL 60604

Staff:

Sylvia Stallworth
Judicial Assistant

Anthony Watson
Courtroom Deputy

Michael Dudek
Law Clerk

Procedures for Cases Assigned to Judge Jacqueline P. Cox

Hearings on Motions

PLEASE SEE ORIGINAL MOTION/ADVERSARY SCHEDULE FOR DATES THE JUDGE IS NOT SITTING

Emergency Motions

To calendar an emergency motion, you must receive prior approval from Judge Cox. Individuals seeking to have a motion heard as an emergency must file it as a Notice of Filing that includes an explanation why the motion should be heard on an emergency basis. This document must be served on all parties entitled to notice of the motion. Individuals are not to schedule or notice the matter for hearing. A certificate of service evidencing service on all relevant parties in interest must be filed with the Notice of Filing. To qualify as an “emergency,” a motion must stem from an unforeseen circumstance that arises suddenly and unexpectedly and that requires immediate action to avoid serious or irreparable harm. Immediately after filing and the completion of service, you must notify the courtroom deputy at 312-435-5651 of the filing. Courtesy copies of the filing along with proof of service must be submitted to chambers for review. Judge Cox will decide whether and when the matter will be heard as an emergency motion and will issue an order reflecting such. Emergency motions that are scheduled for hearing without receiving prior approval will be stricken.

Withdrawal of Motions or Set Matters

Any party wishing to withdraw a matter must notify all the parties of record in writing that the matter is being withdrawn and contact the courtroom deputy at (312) 435-5651. The matter will be posted as “withdrawn” on the Court Calendar.

Motions Granted In Chambers

All matters are called and heard in open court.

Appearance by Telephone

None allowed unless requested by motion.

Courtesy Copies (copies to be delivered
to chambers)

Except for emergency motions, no copies of motions or other filings are to be delivered to chambers unless ordered by Judge Cox.

Motions for Relief from Automatic Stay

All motions for relief from the automatic stay must be accompanied by a Required Statement to Accompany All Motions for Relief From Stay in form required by Court General Order.

Motion to Continue Stay in Effect

Motions to continue an automatic stay pursuant to 11 U.S.C. § 362 (c)(3) or to impose an automatic stay under § 362 (c)(4) must:

1.	Include a complete history of every bankruptcy petition ever filed by each petitioning debtor; the history must include type of filing; co-debtors; Bankruptcy Code Chapter; discharge entered, if any; and date case was dismissed or closed.
2.	State in detail the grounds for continuing or imposing the stay; and
3.	Be accompanied by a factual affidavit from the Debtor(s) explaining the reasons why each of the previous cases was dismissed and why the automatic stay should be continued, extended, or imposed in the present case.
4.	Include proof of service of the motion on all secured lenders and attorneys who have previously represented secured lenders in previous bankruptcy filings and state court collection and foreclosure proceedings.

Service of Motions

For all contested matters (as defined in Bankruptcy Rule 9014), the motion or request must be served in compliance with Rule 7004. Corporations must be served as required under Rule 7004(b)(3) on an officer, managing or general agent, or on any agent authorized by appointment or by law to receive service of process. Service of a corporation at a P.O. Box to which payments are sent is not sufficient under Rule 7004(b)(3). An insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act) must be served under Rule 7004(h).

Motions for Approval of Attorney’s Fees

Cases filed under Chapters 7, 11 and 12:

All attorneys or other professionals in cases filed under Chapters 7, 11 and 12 seeking approval of their fees must submit an itemization of their time in tenths of an hour and in the format required under Local Rule 5082-1.

Cases filed under Chapter 13:

All attorneys seeking approval of their fees in Chapter 13 cases filed on or after May 1, 2007 must file an application in accordance with General Order No. 07-02 entered 4/26/07. Fees up to $3,500 will be awarded through completion of the case without itemization of services provided that the application reflects that debtor and counsel entered into the current Model Retention Agreement.

For approval of fees in Chapter 13 cases filed prior to May 1, 2007, attorneys must file an application with an itemization of their time in tenths of an hour, unless they choose Option A or Option B for flat fees as described in the court’s Standing Order entered 9/28/05.

Reimbursement of expenses: Other than filing fees, expenses must be detailed on an attached sheet together with a photocopy of the receipt for each expense. Reimbursement of costs associated with photocopying shall be limited to 10 cents per page absent proof of actual expense in a greater amount. A detailed itemization of documents photocopied, including number of pages, must also be included

Pretrial Procedures

At the first status on adversary proceedings, the court generally requires the parties to hold a Rule 26(f) conference and file a Rule 26(f) report with proposed discovery deadlines. At the second status, the court generally sets discovery deadlines, and schedules a status hearing after the discovery cut-off. At the status hearing after discovery has closed, the court generally enters a Final Pretrial Order (example on Judge Cox’s web site under Standing Orders and Forms/Final Pretrial Order), and a trial date.

Trial Procedures

Each party shall bring to court enough pre-marked copies of each exhibit to provide a copy to the court, all attorneys and witnesses.

Stricken Motions

Motions that are noticed for an incorrect date, time, or location will automatically be stricken prior to the date noticed for hearing in the motion. Emergency motions that are scheduled for hearing without receiving prior approval from Judge Cox will also be stricken. The courtroom deputy will inform you prior to the hearing date noticed in the motion if the motion has been stricken. If a motion has been stricken, a party wishing to have the court consider the request made in the stricken motion must re-notice the motion for an appropriate hearing date.

A motion will be stricken in court if the movant fails to appear to present the motion.