Judge Daniel P. McLaughlin
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Exhibit
- 2 copies • One Week Before Final Pretrial Conference
Pretrial Order
Settlement Statement
Page & Word Limits3 rules
Absent prior leave of Court, motions in limine (not including exhibits) are limited to a total of 15 pages per party (not per motion), and responses (not including exhibits) are likewise limited to a total of 15 pages per party.
Motion
15 pages
Opposition
15 pages
Settlement statements should be no more than 10 pages each.
Settlement Statement
10 pages
Applies to: Attorney
Each side is limited to 10 proposed disputed questions, unless a motion is filed before the pretrial conference that explains good cause for proposing more than the limit.
Voir Dire Questions
Document Format Requirements4 rules
The Court does not want the parties to prepare formal presentations about their case. Rather, the parties or their representatives should come to the settlement conference prepared to participate in interactive discussions.
The chart’s format shall be substantially similar to the example below (landscape orientation is encouraged).
Exhibit chart format example showing required columns.
No. Date Description Relevance Objection 1 02/15/06 2005 Proves record of R. 402 relevant; R. Performance satisfactory job 403 confusion. Review performance Plaintiff fired in 2011.
The Court generally will follow a traditional mediation format, in which the Court initially meets with the participants together and then has private meetings with each side.
Document Filing Requirements24 rules
The Proposed Pretrial Order must be signed (electronically) by counsel for each party.
DocumentProposed Pretrial Order
State the relief sought, including an itemization of damages.
DocumentJoint Status Report
Describe the claims and defenses raised by the pleadings, including the basis for federal jurisdiction.
DocumentJoint Status Report
Describe the matter(s) referred to the magistrate judge.
DocumentJoint Status Report
Identify any existing discovery cut-off dates.
DocumentJoint Status Report
The joint status report shall contain the following information:
DocumentJoint Status Report
State whether all parties will consent to have Judge McLaughlin conduct all further proceedings in this case, including trial and entry of final judgment, in accordance with 28 U.S.C. § 636(c) and Federal Rule of Civil Procedure 73.
DocumentJoint Status Report
State whether the parties believe a settlement conference would be productive at this time, and if not, briefly explain why.
DocumentJoint Status Report
Describe the status of settlement discussions.
DocumentJoint Status Report
In consent cases, state whether a jury trial is requested, the date when the parties expect to be ready for trial, and the probable length of trial.
DocumentJoint Status Report
State whether the parties anticipate or are engaged in discovery of ESI in this case, and, if so, what agreements have been reached regarding ESI and whether there are any areas of disagreements regarding ESI.
DocumentJoint Status Report
Indicate the status of any pending motions.
DocumentJoint Status Report
Material settlement terms must be detailed and binding at conference conclusion.
If the parties are successful in reaching an agreement, they will be required to detail the material terms of the settlement at the conclusion of the conference, so that the material terms are binding on the parties.
DocumentSettlement Agreement
Non-attendance without good cause results in fee/cost sanctions.
Failure to comply with this provision without good cause will result in an order requiring the party in violation to reimburse the opposing party’s attorney fees and costs related to preparing for and appearing at the settlement conference.
All counsel are required to provide the full set of the settlement statements to their clients to read prior to the conference.
DocumentSettlement Statement
Individuals with full and complete settlement authority on behalf of the parties are ordered to personally participate in the entire settlement conference.
A date to issue written discovery requests.
DocumentJoint Status Report
If no discovery schedule has yet been set and in referral cases, the case has been referred for discovery supervision, the parties should confer and submit the following information:
DocumentJoint Status Report
The due date for Fed. R. Civ. P. 26(a)(1) disclosures.
DocumentJoint Status Report
A fact discovery completion date. For claims involving medical conditions, fact discovery ordinarily includes treating physician depositions.
DocumentJoint Status Report
In a patent case, the Court will apply the Local Patent Rules for Electronically Stored Information.
If there will be expert discovery, an expert discovery completion date, including dates for the delivery of expert reports and rebuttal reports, if any (or summaries for non-retained expert testimony).
DocumentJoint Status Report
Please note the Court has adopted the Principles of the Seventh Circuit Electronic Discovery Pilot Program and the parties should be familiar with them.
Defendants encouraged to prepare draft settlement agreement in advance.
Defendants that generally prefer a certain format of settlement agreement are encouraged to prepare it ahead of time and provide it to opposing counsel in advance of the settlement conference or, if that is not practicable, bring the draft agreement with them to the conference in the hope that it can be completed if the parties are successful in reaching a settlement.
DocumentSettlement Agreement
Filing & Service rules
Filing Timing and Cure Windows
If Plaintiff files a reply brief, it is due 14 days after Defendant’s brief is filed.
and Plaintiff’s reply brief, if any, is due 14 days after Defendant’s brief is filed.
Civil cases
Page 1 | B. BRIEFING SCHEDULE
For a previously remanded case, the parties must file a joint statement with pertinent past case information within 14 days of assignment to Judge McLaughlin.
If the case was previously remanded, the parties shall file a short joint statement within 14 days of assignment to Judge McLaughlin providing pertinent past case information.
Civil cases
Page 1 | A. PREVIOUS REMANDS
Plaintiff’s opening brief is due within 60 days after the administrative record is filed.
Plaintiff’s brief in support of reversing or remanding the decision subject to review is due within 60 days of the filing of the administrative record;
Civil cases
Page 1 | B. BRIEFING SCHEDULE
The Social Security Administration’s responsive brief is due 45 days after Plaintiff’s brief is filed.
the Social Security Administration’s responsive brief is due 45 days after Plaintiff’s brief is filed;
Civil cases
Page 1 | B. BRIEFING SCHEDULE
Courtesy Copy Requirements
Two sets of exhibit binders with objected-to exhibits required one week before final pretrial conference.
No later than one week prior to the final pretrial conference, the parties must submit to chambers 2 sets of exhibit binders containing copies of all objected-to substantive exhibits. Exhibits that will be used for impeachment purposes only need not be included in the binders.
Civil cases
Settlement statements must be emailed to court; no courtesy copies accepted.
The Court does not accept courtesy copies. On the same day the parties provide their settlement statements to opposing counsel, the parties are required to submit their statements to the Court by e-mail.
Civil cases
Courtesy copies of Proposed Pretrial Order with more than 5 exhibits must include tabs.
If the Proposed Pretrial Order has more than five exhibits, the courtesy copies must include tabs.
Civil cases
Page 1 | Pretrial Procedures and Preparation of Final Pretrial Orders for Civil Cases Before Judge McLaughlin
Pre-Motion Conference Requirements
Daubert motions should be filed separately and as soon as reasonably possible.
Such Daubert motions should be filed separately and as soon as reasonably possible, preferably well in advance of the final pretrial conference and the deadline for motions in limine.
Civil cases
Page 2 | Motions in Limine and Daubert Proceedings