Judge Heather K. McShain
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 2 copies
Exhibit
- 2 copies • One Week Before Final Pretrial Conference
Joint Status Report
- Chambers Drop Off • At Least Three Business Days Before Status Conference
Settlement Statement
Communication
Chambers
Chambers
Page & Word Limits4 rules
Motions in limine and responses limited to 15 pages per party total.
- Motion in limine
- Up to 15 pages in total per party
Exception
More pages with leave of court
Court's wording
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.
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.
Settlement statements should be no more than 10 pages each.
- Settlement statement
- Up to 10 pages
These limitations do not apply to motions challenging the admissibility of Rule 702 expert testimony pursuant to Daubert v. Merrell Dow Pharmaceuticals, Inc.
Document Filing Requirements36 rules
The joint status report shall contain the following information:
Describe the matter(s) referred to the magistrate judge.
a. Describe the claims and defenses raised by the pleadings, including the basis for federal jurisdiction. b. State the relief sought, including an itemization of damages.
a. Describe the status of settlement discussions.
- Document
- Joint status report
Include
- •Describe the status of settlement discussions
b. State whether the parties believe a settlement conference would be productive at this time, and if not, briefly explain why.
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.
The Proposed Pretrial Order must also be filed on the docket by selecting “Other Filings” and then “Other Documents,” and choosing the Proposed Pretrial Order event in CM/ECF.
Exhibits, if any, to settlement statements should be attached to the email sent to the Court, or counsel should utilize an electronic file sharing service and the Court will download the exhibits.
- Document
- Settlement statement
Should include
- •Exhibits
The parties’ settlement statements are not to be filed on ECF, will not be made part of the Court’s record, and will not be admissible as evidence.
Counsel and parties are cautioned that failure to attend a scheduled settlement conference without advance notice to the Court may result in the imposition of monetary sanctions against them.
In cases subject to the Mandatory Initial Discovery Pilot Project, the parties must discuss and follow that project’s standing-order requirements.
Court's wording
For those cases that are subject to the Mandatory Initial Discovery Pilot Project, the parties must also discuss and follow the requirements of the Standing Order Regarding Mandatory Initial Discovery Pilot Project (available on Judge McShain’s web page).
The joint status report must address the claims and defenses, federal jurisdiction, relief and itemized damages, referred matters, and existing discovery cutoff dates.
Court's wording
The joint status report shall contain the following information: 1. Description of Claims and Relief Sought. a. Describe the claims and defenses raised by the pleadings, including the basis for federal jurisdiction. ===== PAGE 2 ===== b. State the relief sought, including an itemization of damages. 2. Referral Cases. Describe the matter(s) referred to the magistrate judge. 3. Discovery Schedule. Identify any existing discovery cut-off dates.
Identify any existing discovery cut-off dates. 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:
b. A date to issue written discovery requests.
c. A fact discovery completion date. For claims involving medical conditions, fact discovery ordinarily includes treating physician depositions.
d. 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).
a. The due date for Fed. R. Civ. P. 26(a)(1) disclosures.
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.
Indicate the status of any pending motions.
State whether all parties consent to Judge McShain conducting all further proceedings, including trial and entry of final judgment.
Court's wording
State whether all parties will consent to have Judge McShain 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.
State any other matters that should be brought to the Court’s attention for scheduling purposes.
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:
b. State whether the parties believe a settlement conference would be productive at this time, and if not, briefly explain why.
c. 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).
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.
b. A fact discovery completion date. For claims involving medical conditions, fact discovery ordinarily includes treating physician depositions.
a. Describe the status of settlement discussions.
- Document
- Initial status report
Include
- •Describe the status of settlement discussions
State whether all parties will consent to have Judge McShain 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.
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.
Indicate the status of any pending motions.
State any other matters that should be brought to the Court’s attention for scheduling purposes.
Please note the Court has adopted the Principles of the Seventh Circuit Electronic Discovery Pilot Program and the parties should be familiar with them.
In a patent case, the Court will apply the Local Patent Rules for Electronically Stored Information.
Judge McShain does not require trial briefs in jury trials. Parties who wish to file a trial brief must seek leave of Court to do so.
- Document
- Trial brief
Must include
- •Leave of court
In a patent case, the Court will apply the Local Patent Rules for Electronically Stored Information.
Please note the Court has adopted the Principles of the Seventh Circuit Electronic Discovery Pilot Program and the parties should be familiar with them.
Filing & Service rules
Electronic Filing Rules
The parties must electronically file a joint status report and deliver a courtesy copy to chambers at least three business days before the status conference.
the parties are required to electronically file a joint status report and deliver a courtesy copy to Judge McShain’s chambers at least three business days before the status conference.
Civil cases
Page 1 | Standing Order for Initial Status Report
Courtesy Copy Requirements
Proposed Pretrial Order must be emailed and two courtesy copies delivered to chambers.
The Proposed Pretrial Order must be e-mailed to Proposed_Order_McShain@ilnd.uscourts.gov in Word or WordPerfect format, with two courtesy copies delivered to chambers.
Civil cases
Page 1 | Pretrial Procedures and Preparation of Final Pretrial Orders for Civil Cases Before Judge McShain
Parties must submit 2 sets of exhibit binders to chambers 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
Page 2 | A. Before the Settlement Conference—Telephonic Status Hearing and Exchange of Settlement Statements
The parties must deliver one courtesy copy of the joint status report to chambers at least three business days before the status conference.
the parties are required to electronically file a joint status report and deliver a courtesy copy to Judge McShain’s chambers at least three business days before the status conference.
Civil cases
Page 1 | Standing Order for Initial Status Report
Pre-Motion Conference Requirements
Daubert motions should be filed early, separately from other motions.
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
Chambers Communication Rules
Settlement statements must be emailed to specific court address.
All settlement statements should be sent to the Court via the following email address: Settlement_Correspondence_McShain@ilnd.uscourts.gov
Civil cases
Page 2 | A. Before the Settlement Conference—Telephonic Status Hearing and Exchange of Settlement Statements
If the parties must reschedule, or if they conclude that a settlement conference is not necessary at this time, they should inform chambers (via email to Chambers_McShain@ilnd.uscourts.gov) as soon as possible.
If the parties must reschedule, or if they conclude that a settlement conference is not necessary at this time, they should inform chambers (via email to Chambers_McShain@ilnd.uscourts.gov) as soon as possible.
Civil cases
Page 5 | Settlement Conference Rescheduling