Judge Karyn L. Bass Ehler
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Deposition Transcript
- 2 copies
Exhibits
- 2 copies
Pretrial Order
- 2 copies
Communication
Chambers
Chambers
Phone
Chambers
Page & Word Limits2 rules
Settlement letters are limited to a maximum of 7 pages.
Settlement letters should be no more than 7 pages each.
Settlement Letter
7 pages
Applies to: Attorney
When the Court requires an initial joint status report, the report must not exceed five pages.
The joint status report shall contain the following information and be no more than five pages:
Joint Status Report
5 pages
Applies to: Attorney
Document Format Requirements2 rules
Proposed Final Pretrial Order must be in Word format.
In preparation for the final pretrial conference, the parties shall jointly prepare and submit a Proposed Final Pretrial Order containing the below listed items by email to Chambers_BassEhler@ilnd.uscourts.gov in Word format with all counsel included as cc: recipients.
DOCX
Parties should use Seventh Circuit Pattern Jury Instructions for jury trials where applicable, unless there is a good reason to not use them.
Judge Bass Ehler refers to the Seventh Circuit Pattern Jury Instructions, and where applicable those instructions should be used absent a good reason for not doing so.
Document Filing Requirements8 rules
Settlement letters must include specified content related to the case, demands/offers, attendees, and insurance representatives.
Consistent with the schedule that is set by the Court, Plaintiff’s counsel must submit a settlement letter to Defendant’s counsel and the Court, describing the nature of the action, the theory of liability, Plaintiff’s demand and its reasoned basis, an itemization of damages, and demand that is not what Plaintiff expects to win at trial, but rather a number that takes into account the risk of loss, cost, and time savings from settling before trial. Accordingly, for the purpose of settlement, any demand and/or itemization for punitive damages should not be included in Plaintiff’s demand. For cases involving personal, physical, emotional distress, or similar injuries, Plaintiff should include a list of comparable jury verdicts and/or settlements to support their demand amount. Additionally, Plaintiff should provide a demand that is updated from any prior negotiations, i.e., not just stand on a prior position. Defendant’s counsel must submit a settlement letter to Plaintiff’s counsel and the Court in response to Plaintiff’s demand, describing the theory of defense and Defendant’s offer, including an explanation for it. Defendant is expected to offer a number that does not assume that there will be no liability. As with Plaintiff, Defendant should provide an offer that is updated from any prior negotiations, i.e., not just stand on a prior position. The parties must include in their settlement letters the names of all individuals who will be attending the settlement conference, along with their role. Defendant also must include whether any insurance representative(s) will be involved, and if so, confirm their attendance.
Document Type
Settlement Letter
Email subject line must include case number, case name, and title of submission.
The subject line of the email should include the case number, case name, and title of the submission.
Document Type
Pretrial Order
Each side is limited to 10 proposed disputed voir dire questions.
Each side is limited to 10 proposed disputed questions.
Document Type
Pretrial Order
Proposed voir dire questions and objections should be included in Proposed Final Pretrial Order.
In addition to those questions, any proposed voir dire special to the case as well as any objection to that question should be included in the Proposed Final Pretrial Order.
Document Type
Pretrial Order
For jury trials, parties must meet and agree on proposed jury instructions and verdict forms to the maximum extent possible, and file them with the Proposed Final Pretrial Order noting any objections.
For a jury trial, the parties are directed to meet and agree on proposed jury instructions and verdict forms to the maximum extent possible and to file the jury instructions and verdict forms with the Proposed Final Pretrial Order, noting any objections as needed.
Document Type
Proposed Final Pretrial Order
Proposed jury instructions and verdict forms must include per-instruction proponent, legal authority, objections, objection basis, and proposed modifications/alternatives.
The proposed jury instructions must state, on an instruction-by-instruction basis, the proponent of the instruction, the legal authority for the instruction, any objection to the instruction, the basis for the objection, and any proposed modification or alternative instruction. The same principles apply to proposed verdict forms.
Document Type
Jury Instructions And Verdict Forms
When the Court requires an initial joint status report, the report must contain specified sections on claims, referrals, discovery, ESI, settlement, magistrate judge consent, pending motions, and trial.
The joint status report shall contain the following information and be no more than five pages: 1. Description of Claims and Relief Sought. a. Describe the claims and defenses raised by the pleadings. Make sure to include the basis for federal jurisdiction. 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 deadlines. If no discovery schedule exists and the case is referred for discovery supervision, the parties should confer and submit the following information: a. A date to exchange Federal Rule of Civil Procedure 26(a)(1) disclosures or confirmation that the information already has been exchanged. b. A date to issue written discovery requests or confirmation that the parties already have exchanged written discovery. c. A date for the completion of all fact discovery, which ordinarily includes treating physician depositions. The parties shall indicate whether the proposed date includes treating physician depositions. d. If the parties anticipate expert discovery, a proposed schedule for Federal Rule of Civil Procedure 26(a)(2) expert disclosures, rebuttal expert reports, and a final date for completion of all expert discovery. If the parties agree on staggered expert discovery, the proposed schedule should set out those dates. e. Any existing pretrial or trial dates set by the assigned district judge. 4. Consideration of Issues Concerning Electronically Stored Information (“ESI”). State whether the parties anticipate or are engaged in ESI discovery, and, if so, what agreements have been reached regarding ESI and whether there are any areas of disagreement. In a patent case, the Court will apply the Local Patent Rules for Electronically Stored Information. 5. Settlement. a. Describe the status of any settlement discussions. b. State whether the parties believe a settlement conference would be productive at this time, and if not, briefly explain why. c. If settlement discussions have not taken place, state why that is so, and what needs to occur before settlement discussions would be appropriate and potentially fruitful (i.e., ruling on any pending motions, completion of particular discovery, focused damages discovery or analyses etc.). 6. Consent to the Magistrate Judge. State whether all parties will consent to have Judge Bass Ehler 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. If all parties do not consent, then simply state that not all parties consent pursuant to 28 U.S.C. § 636(c); do not identify any particular party by name, or whether that party consents or not, in a mixed-consent situation. See Federal Rule of Civil Procedure 73(b)(1). 7. Pending Motions. Indicate the status of any pending motions. 8. Trial. 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.
Document Type
Joint Status Report
Parties should jointly submit proposed jury instructions and verdict forms to Chambers via email, copying all counsel.
The parties should also jointly submit proposed jury instructions and verdict forms to Chambers by email with all counsel included as cc: recipients.
Document Type
Jury Instructions And Verdict Forms
Filing & Service rules
Electronic Filing Rules
Settlement letters are prohibited from being filed with the Clerk’s Office, are not part of the court record, and are not admissible as evidence.
Settlement letters are not to be filed with the Clerk’s Office, will not be made part of the Court’s record, and will not be admissible as evidence.
Page 2 | A. Before the Settlement Conference: Status Hearing and Exchange of Settlement Letters
Proposed Final Pretrial Order must be filed on CM/ECF.
The Proposed Final Pretrial Order (excluding copies of exhibits and deposition transcripts) must also be filed on the docket in CM/ECF.
Page 1 | STANDING ORDER FOR PREPARATION OF PROPOSED FINAL PRETRIAL ORDER
Exhibits should not be filed on CM/ECF.
The exhibits should not be filed on CM/ECF with the Proposed Pretrial Order.
Page 2 | Contents of the Proposed Final Pretrial Order - 7. Exhibits
Deposition transcripts should not be filed on CM/ECF.
The deposition transcripts should not be filed on CM/ECF with the Proposed Pretrial Order.
Page 2 | Contents of the Proposed Final Pretrial Order - 6. Witnesses
Service and Proof of Service Rules
Parties must exchange settlement letters with opposing counsel prior to the settlement conference.
Plaintiff’s counsel must submit a settlement letter to Defendant’s counsel and the Court, describing the nature of the action, the theory of liability, Plaintiff’s demand and its reasoned basis, an itemization of damages, and Defendant’s counsel must submit a settlement letter to Plaintiff’s counsel and the Court in response to Plaintiff’s demand, describing the theory of defense and Defendant’s offer, including an explanation for it.
Page 1 | A. Before the Settlement Conference: Status Hearing and Exchange of Settlement Letters
Courtesy Copy Requirements
Two courtesy copies of Proposed Final Pretrial Order must be delivered to Chambers.
In addition, two courtesy copies organized in a manner that is conducive to facilitating the Court's review of the materials must be delivered to Chambers.
Page 1 | STANDING ORDER FOR PREPARATION OF PROPOSED FINAL PRETRIAL ORDER
Two courtesy copies of exhibits must be submitted to Chambers.
The parties shall also submit two courtesy copies of the exhibits to Chambers.
Page 2 | Contents of the Proposed Final Pretrial Order - 7. Exhibits
Two courtesy copies of highlighted deposition transcripts must be delivered to Chambers.
For any witness testimony proposed to be offered by deposition, the parties shall jointly submit to Chambers by email the deposition transcript(s) with the proposed designations from each party highlighted in different colors and shall also deliver two courtesy copies of the highlighted transcript(s) to Chambers.
Page 2 | Contents of the Proposed Final Pretrial Order - 6. Witnesses
Pre-Motion Conference Requirements
Parties must meet and confer on all motions in limine before filing; absent prior leave, each side is limited to 5 total motions in limine.
The parties must meet and confer on all motions in limine before filing any such motion. Absent prior leave of court, each side is limited to a total of five (5) motions in limine.
Page 3 | Motions in limine
Adjournment & Extension Requirements
Parties rescheduling a settlement conference must inform the Courtroom Deputy as soon as possible.
If the parties must reschedule, have concluded that a settlement conference is not necessary or helpful at this time, or have otherwise resolved the case, they should inform Judge Bass Ehler’s Courtroom Deputy as soon as possible.
Page 4 | Prepare for Success
Chambers Communication Rules
Counsel responsible for settlement must participate in the initial status hearing, identify attendees with settlement authority, and raise inability to pay at the initial hearing.
The Court generally will hold an initial status hearing or conference call to set dates for the settlement conference and the exchange of settlement letters. Counsel primarily responsible for representing the parties during the settlement conference must participate in this status hearing or call. Counsel will be expected to identify the individuals who will participate (i.e., not just available via phone) in the settlement conference with settlement authority on behalf of their respective clients, including any insurers, consistent with the requirements of this Standing Order. If a party is claiming an inability or hindrance to pay a judgment, counsel must raise it at this initial hearing and provide verification of that assertion prior to any settlement conference.
Page 1 | A. Before the Settlement Conference: Status Hearing and Exchange of Settlement Letters
Parties must submit settlement letters to the Court via email to the provided chambers address upon sending to opposing counsel.
Upon submission to the other side, the parties also are required to submit their settlement letters to the Court by e-mail to Settlement_Correspondence_BassEhler@ilnd.uscourts.gov
Page 2 | A. Before the Settlement Conference: Status Hearing and Exchange of Settlement Letters
Proposed Final Pretrial Order must be submitted by email to Chambers_BassEhler@ilnd.uscourts.gov with all counsel cc'd.
In preparation for the final pretrial conference, the parties shall jointly prepare and submit a Proposed Final Pretrial Order containing the below listed items by email to Chambers_BassEhler@ilnd.uscourts.gov in Word format with all counsel included as cc: recipients.
Page 1 | STANDING ORDER FOR PREPARATION OF PROPOSED FINAL PRETRIAL ORDER
Exhibit chart must be submitted to Chambers by email with all counsel cc'd.
Each party shall submit to Chambers by email with all counsel included as cc: recipients a chart of all exhibits the party may introduce at trial, as well as any demonstrative exhibits
Page 2 | Contents of the Proposed Final Pretrial Order - 7. Exhibits
Joint chart of objections to designated testimony must be submitted to Chambers by email.
The parties shall also jointly submit to Chambers by email a joint chart containing any objections to designated testimony by page and line number and the basis for the objection, as well as the opposing party's response to such objections.
Page 2 | Contents of the Proposed Final Pretrial Order - 6. Witnesses
Deposition transcripts with proposed designations highlighted must be submitted to Chambers by email and two courtesy copies delivered to Chambers.
For any witness testimony proposed to be offered by deposition, the parties shall jointly submit to Chambers by email the deposition transcript(s) with the proposed designations from each party highlighted in different colors and shall also deliver two courtesy copies of the highlighted transcript(s) to Chambers.
Page 2 | Contents of the Proposed Final Pretrial Order - 6. Witnesses