E.D. Wis. Civil L. R. 3

(a) Civil Cover Sheet. A Civil Cover Sheet (AO Form JS 44) must accompany

each civil action presented for filing.

(b) Notification of Related Actions.

(1) Definition. An action is related to another when the actions (i) arise

from substantially the same transaction or events; (ii) involve substantially the

same parties or property; (iii) involve the same patent, trademark or copyright;

or (iv) for other reasons would entail substantial duplication of effort or risk

inconsistent or contradictory results if heard by different judges.

(2) Initial Notice of Related Actions. When a civil case is filed or

removed, or a motion to withdraw the reference of an adversary proceeding

from the bankruptcy court is filed, the person filing or removing must list on

the Civil Cover Sheet all related actions that are pending in this District. The

party must also file a Notice of Related Actions. A copy of the Notice of Related

Actions shall be served with the complaint, notice of removal, notice of appeal,

or motion. The Notice of Related Actions must include a brief factual statement

that explains how the cases in question are related under the foregoing factors.

All facts that appear relevant to such a determination must be set forth.

(3) Notice of Prior Related Actions. Whenever an action filed in this

District is dismissed by a party or by the Court without prejudice and

thereafter the same or essentially the same claims, involving the same or

essentially the same parties, are alleged in another action, the filing party in

the later-filed action must list the earlier-filed action as a related case on the

Civil Cover Sheet and file a Notice of Related Actions pursuant to paragraph

(2) of this subsection.

(4) Assigning Related Actions. Where the Civil Cover Sheet discloses

a pending or previously filed related civil action in this District, the new civil

action will be assigned to the same judge.

(5) Continuing Duty. Any party that has appeared in the action must

notify the court, by filing and serving a Notice of Related Actions, as soon as

the party becomes aware of any related action pending or previously filed in

this District that is not listed on the Civil Cover Sheet or any prior Notice of

Related Actions. The Notice must be filed as soon thereafter as it reasonably

should appear that the action relates to another. The Notice must be served on

all parties who have appeared in the case.

(c) Reassignment of Actions.

(1) Conditions for Reassignment. A case may be reassigned to

another judge if it is found to be related to a lower-numbered case assigned to

that judge and each of the following criteria is met:

(A) both cases are pending in this District;

(B) the handling of both cases by the same judge is likely to result

in a substantial saving of judicial resources; and

(C) neither case has progressed to the point where reassigning a

case would be likely to substantially delay the proceedings in either case,

or the Court finds that the assignment of the cases to the same judge

would promote consistency in resolution of the cases or otherwise be in

the interest of justice.

A case may be randomly reassigned to a judge pursuant to General L.R. 3(a) if

it was initially assigned pursuant to Civil L.R. 3(b)(4) and fails to meet each of the

above criteria.

(2) Motion to Reassign.

(A) A motion for reassignment based on relatedness or a lack of

relatedness may be filed by any party to a case. In order that all parties

to a proceeding be permitted to respond on the questions of relatedness

and possible reassignment, such motions should not generally be filed

until after the answer or motions in lieu of answer have been filed in

each of the proceedings involved.

(B) The motion must be filed in each related case and will be

decided by the judge to whom the lowest-numbered case of the claimed

related set is assigned for trial or other final disposition.

(C) The motion must:

(i) set forth the points of commonality of the cases in

sufficient detail to indicate that the cases are or are not related

within the meaning of paragraph (b)(1);

(ii) indicate the extent to which the conditions required by

paragraph (c)(1) will or will not be met if the cases are found to be

related; and

(iii) be accompanied by a copy of the complaint or other

relevant pleading in each of the higher-numbered cases that are

the subject of the motion.

(D) Any objection to the motion must be filed within 7 days of the

filing of the motion, and served on all parties and on the judges for all of

the affected cases.

(3) Order.

(A) The judge to whom the motion is presented may consult with

the judge or judges before whom the other case or cases are pending, if

any. The judge must enter an order finding whether or not the cases are

related, and, if they are, whether the higher numbered case or cases

were properly assigned, or should be reassigned, to that judge.

(B) Where the judge finds that reassignment of a case assigned

to a different judge should occur, the Clerk of Court must reassign the

higher-numbered case or cases to the judge deciding the motion and to

whom the lowest-numbered case is assigned.

(C) Where the judge finds that reassignment of a case that was

initially assigned to that judge should occur, the Clerk of Court must

randomly reassign the case pursuant to Gen. L.R. 3(a).

(4) Sua Sponte Judicial Determination of Relatedness.

(A) Whenever a judge believes that a case pending before that

judge is related to a lower-numbered case pending in this District, the

judge may refer the case to the judge assigned to the lowest-numbered

case with a request that the judge assigned to the lowest-numbered case

consider whether the cases are related. The referring judge must file and

send a copy of the referral to all parties in all affected cases. The parties

may file any opposition to or support for reassigning the cases within 7

days of the filing of the referral, a copy of which must be served on all

parties and on the judges for all of the affected cases. The judge assigned

to the lowest-numbered case must then enter an order finding whether

or not the cases are related, and, if they are, whether the higher

numbered case or cases should be reassigned to that judge.

(B) Whenever a judge concludes that a higher-numbered case has

been assigned to the judge under paragraph (b)(4) based on an incorrect

assertion of relatedness, or fails to meet the criteria of paragraph (c)(1),

the judge must enter an order directing the Clerk of Court to randomly

reassign the case pursuant to Gen. L.R. 3(a).

(d) Bankruptcy Appeals. Appeals to the United States District Court for the

Eastern District of Wisconsin from the Bankruptcy Court must be commenced and

administered as prescribed in Part VIII of the Federal Rules of Bankruptcy Procedure

8001-8020.

(e) Social Security Disability Appeals. Appeals from a decision of the

Commissioner of Social Security may be administered by special procedures ordered

by the judges of this District. These procedures may be found on the official website

of the United States District Court for the Eastern District of Wisconsin.

Civil L.R. 3(e) was added to alert all practitioners that, apart from the

procedures set forth in the formal rules as codified here, the judges of the United States

District Court for the Eastern District of Wisconsin have adopted and routinely

follow discrete practices, including requirements about filing deadlines, with respect to

the litigation of the Social Security Disability Appeals docket.