Beginning last month, the Northern District of Illinois (or the
“Court”) modified its Mandatory Initial Discovery Pilot
Project (the “Pilot Project”) in ways that should come
as a relief to corporate defendants. Most notably, the Pilot
Project no longer requires a defendant to answer the complaint and
proceed with mandatory initial discovery responses when it has
filed a Rule 12(b) motion to dismiss, as originally required. This
is welcome news to defendants seeking to have claims dismissed
before incurring the expense, business distraction, and added
litigation risk of making potentially voluminous initial
disclosures at the onset of litigation.
In June 2017, the Northern District launched its Pilot Project,
joining a handful of federal district courts nationwide in an
effort to improve speed and efficiency in the litigation process.
The Pilot Project, which applies to most civil actions in the
Northern District, replaces the initial disclosures required by
Federal