Judge Laura K. McNally
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Communication
Chambers
Page & Word Limits2 rules
Settlement statements should be no more than 10 double-spaced pages each. Exhibits are not required, but if they are attached, they do not count toward the page limit.
Settlement Statement
10 pages
Settlement statements should be no more than 10 double-spaced pages each.
Settlement Statement
10 pages
Applies to: Attorney
Document Filing Requirements28 rules
Plaintiff’s counsel must submit a settlement statement describing the action, liability theory, itemized damages, and demand.
Consistent with the schedule that is set, plaintiff’s counsel must submit a settlement statement to defendant’s counsel, describing the nature of the action, the theory of liability, itemization of damages, and plaintiff’s demand.
DocumentPlaintiff Settlement Statement
Insured parties must include the identity of any insurer representative who will be attending as well (see below for more information on insurer participation).
DocumentSettlement Statement
Defendant’s counsel must thereafter submit a settlement statement to plaintiff’s counsel, describing the theory of defense and defendant’s offer.
DocumentDefendant Settlement Statement
The parties must include in their statements the names of all individuals who will be attending the settlement conference, along with their role.
DocumentSettlement Statement
All counsel are required to provide the full set of the settlement statements to their clients to read prior to the conference.
DocumentSettlement Statement
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.
DocumentSettlement Agreement
In such cases, counsel must advise the Court and all parties of this restriction in the settlement letter and must identify the legal basis for this requirement.
DocumentSettlement Letter
Statements made by any party during the settlement conference are confidential, are not to be used in discovery, and will not be admissible at trial.
The joint initial status report must address pending or anticipated motions, confidentiality, a detailed discovery plan, and any other topic the parties wish to raise.
The joint initial status report shall contain: 1) The nature and timing of any pending or anticipated motions 2) Proposal for addressing confidentiality concerns, if applicable 3) Proposed discovery plan, including: a) Any existing discovery cut-off dates b) The type/extent of discovery needed to engage in meaningful settlement negotiations, either now or at a later point c) Deadline for service of Rule 26(a)(1) disclosures d) Deadline for issuance of initial written discovery requests e) Deadline for completion of fact discovery (including treating physician discovery, if applicable) f) Party agreements, if any, regarding the scope of discovery, such as date restrictions or obligations relating to privilege logs g) Comprehensive expert discovery schedule, including interim dates for serving expert reports and rebuttal 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 staggered dates. h) Description of the anticipated scope of discovery involving electronically stored information (ESI) and the potential methodologies for identifying ESI for production. i) Please note the Court has adopted the Principles of the Seventh Circuit Electronic Discovery Pilot Program, and the parties should be familiar with them. ii) In patent cases, the court will apply the Local Patent Rules for Electronically Stored Information. iii) To assist counsel in discovery, the Court has prepared a sample ESI order that can govern non-complex ESI discovery. For complex ESI discovery, including discovery that uses technology assisted review ===== PAGE 2 ===== (TAR), the Court will consider entering a more detailed proposed order submitted by the parties, with an accompanying motion. 4) Any other topic the parties wish to bring to the Court’s attention.
DocumentJoint Initial Status Report
The parties' settlement statements are not to be filed on ECF,
DocumentSettlement Statement
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.
DocumentSettlement Statement
Corporate/governmental entities must send authorized representative (not counsel).
If a party is a corporation or governmental entity, a representative of that corporation or governmental entity (other than counsel of record) with authorization to negotiate and authority to settle the case must personally participate.
DocumentSettlement Conference
Absent agreement of the parties and leave of court, if a party is an individual, that individual must personally participate.
Telephone participation not acceptable except with prior court approval.
Having a client or representative with authority reachable by telephone during the settlement conference is not an acceptable alternative, except under the most unusual and extenuating circumstances (and must be approved by the Court ahead of time in those cases).
Must advise court of ratification requirements in settlement letter with legal basis.
Occasionally, such as in cases involving certain public entities, settlements require separate board or governmental ratification of proposed terms. In such cases, counsel must advise the Court and all parties of this restriction in the settlement letter and must identify the legal basis for this requirement.
DocumentSettlement Letter
If the settlement is expected to involve funds from an insurer, the insurer representative must attend with authority to discuss financial contributions and other terms.
DocumentSettlement 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
Except in the rarest of circumstances, individuals with settlement authority on behalf of the parties are ordered to personally participate in the entire settlement conference.
For represented parties, an attorney with substantial familiarity with and responsibility for the case shall appear at the initial status conference.
DocumentInitial Status Conference
Pro se parties must attend the initial status conference.
DocumentInitial Status Conference
If a party is claiming an inability to pay a judgment or settlement, counsel should also raise this issue at the video conference and will be expected to provide verification of that fact prior to the settlement conference.
DocumentVerification Of Inability To Pay
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.
DocumentSettlement Statement
If the parties cannot agree on any component of the report, counsel for the parties shall meet and meaningfully confer in good faith by phone, video, or in person. If areas of disagreement persist after that conference, the parties may set forth each party’s position separately and succinctly without argument, along with a joint certification that summarizes the dates, times, and duration(s) of the good faith conference(s).
DocumentJoint Initial Status Report
Non-compliance may result in reimbursement of opposing party's fees and costs.
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.
DocumentSettlement Conference
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.
counsel must come to the initial status conference prepared to address settlement discussions.
DocumentInitial Status Conference
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.
DocumentSettlement Statement
Represented parties are not required to attend, so long as counsel is prepared to proceed with discussion on the topics above without their clients in attendance.
DocumentInitial Status Conference
Filing & Service rules
Electronic Filing Rules
Parties must email their settlement statements to the Court on the same day they provide them to opposing counsel.
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 3 | Before the Settlement Conference—Telephonic Status Hearing and Exchange of Settlement Statements
Settlement statements must not be filed on ECF and will not enter the Court’s record or be admissible in this action or related litigation.
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 in this action or in other litigation related to this dispute.
Civil cases
Page 3 | Before the Settlement Conference—Telephonic Status Hearing and Exchange of Settlement Statements
Pre-Motion Conference Requirements
Discovery motions should not be noticed for presentment in accordance with Local Rule 5.3(b). The Court will review the motion and determine whether a hearing is necessary. Response briefs should not be filed absent order of the Court. If the Court determines a hearing is necessary, it will be scheduled by chambers and will either be in person, videoconference, or telephone depending on the circumstances. All parties must be fully prepared to argue the motion on the date of the hearing. The Court ordinarily will decide discovery motions on the date of the hearing and without briefing.
Discovery motions should not be noticed for presentment in accordance with Local Rule 5.3(b). The Court will review the motion and determine whether a hearing is necessary. Response briefs should not be filed absent order of the Court. If the Court determines a hearing is necessary, it will be scheduled by chambers and will either be in person, videoconference, or telephone depending on the circumstances. All parties must be fully prepared to argue the motion on the date of the hearing. The Court ordinarily will decide discovery motions on the date of the hearing and without briefing.
Civil cases
Page 1 | Discovery-Related Motions
Having an authorized client or representative available by telephone is not a substitute for attendance unless unusual and extenuating circumstances apply and the Court approves in advance.
Having a client or representative with authority reachable by telephone during the settlement conference is not an acceptable alternative, except under the most unusual and extenuating circumstances (and must be approved by the Court ahead of time in those cases).
Civil cases
Page 3 | Persons Required to Attend the Settlement Conference
A corporation or governmental entity must have a non-record-counsel representative authorized to negotiate and settle personally participate.
If a party is a corporation or governmental entity, a representative of that corporation or governmental entity (other than counsel of record) with authorization to negotiate and authority to settle the case must personally participate.
Civil cases
Page 3 | Persons Required to Attend the Settlement Conference
Individuals with settlement authority must personally participate in the entire settlement conference, except in the rarest circumstances.
Except in the rarest of circumstances, individuals with settlement authority on behalf of the parties are ordered to personally participate in the entire settlement conference.
Civil cases
Page 3 | Persons Required to Attend the Settlement Conference
An individual party must personally participate unless the parties agree otherwise and the Court grants leave.
Absent agreement of the parties and leave of court, if a party is an individual, that individual must personally participate.
Civil cases
Page 3 | Persons Required to Attend the Settlement Conference
If insurance may pay any portion of the settlement, an insurer representative with authority to discuss financial contributions and other terms must attend.
In addition, if there is a potential for insurance coverage to pay any portion of the settlement, an insurer representative must attend with authority to discuss financial contributions and other terms.
Civil cases
Page 3 | Persons Required to Attend the Settlement Conference
Without good cause, noncompliance will result in an order requiring reimbursement of the opposing party’s attorney fees and costs for preparing for and attending the conference.
Failure to comply with this provision without good cause will result in an ===== PAGE 4 ===== 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.
Civil cases
Page 4 | Persons Required to Attend the Settlement Conference
Bring discovery disputes to the Court well before the cutoff; after the cutoff, parties must show the dispute could not have been raised earlier.
All discovery disputes requiring Court intervention should be brought to the Court’s attention well before the relevant discovery cutoff. Parties raising a discovery dispute after the cutoff must demonstrate that the dispute could not have been raised before the deadline.
Civil cases
Page 1 | Discovery-Related Motions
The corporate or governmental entity representative’s attendance obligation applies even when an insurer will bear all settlement obligations.
That attendance obligation exists whether or not the financial obligations of settlement will be borne exclusively by an insurer.
Civil cases
Page 3 | Persons Required to Attend the Settlement Conference
The insurer-representative attendance requirement does not apply if the insurer disclaimed coverage or agreed in advance to pay its limits.
This requirement of attendance does not apply if the insurer has disclaimed coverage or agreed to pay its limits in advance of the settlement conference.
Civil cases
Page 3 | Persons Required to Attend the Settlement Conference
The parties are expected to discuss ratification-related limitations with the Court during a pre-conference call.
The parties will be expected to discuss the limitations arising from these requirements in a pre-conference call with the Court.
Civil cases
Page 4 | Persons Required to Attend the Settlement Conference
The settlement conference may be held in person at the courthouse or remotely via WebEx.
The settlement conference can take place in person in the courthouse or remotely via WebEx.
Civil cases
Page 4 | Conference Format
The parties should discuss their preferred conference format before the scheduling videoconference.
The parties should confer as to the preferred structure before the scheduling videoconference.
Civil cases
Page 4 | Conference Format
Adjournment & Extension Requirements
Discovery cutoff dates generally will not be reset unless good cause is shown.
Discovery cutoff dates generally will not be reset except by good cause shown.
Civil cases
Page 1 | Discovery-Related Motions
If parties agree informally to conduct discovery after the cutoff without moving for an extension, disputes raised after the cutoff are presumptively waived.
If the parties informally agree to conduct discovery after the discovery cutoff but do not move for an extension, any discovery disputes raised after the cutoff will be viewed as presumptively waived.
Civil cases
Page 1 | Discovery-Related Motions
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_McNally@ilnd.uscourts.gov.
Civil cases
Page 2 | SETTLEMENT CONFERENCES
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_McNally@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_McNally@ilnd.uscourts.gov) as soon as possible.
Civil cases
Settlement statements should be emailed to the Court at the specified address.
All settlement statements should be sent to the Court via the following email address: Settlement_Correspondence_McNally@ilnd.uscourts.gov.
Civil cases
Page 3 | Before the Settlement Conference—Telephonic Status Hearing and Exchange of Settlement Statements
The parties should email Chambers as soon as possible if they need to reschedule or conclude that a settlement conference is unnecessary.
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_McNally@ilnd.uscourts.gov) as soon as possible.
Civil cases
Page 5 | Cancellation or Rescheduling of the Conference
A party may telephone chambers to request a same-day hearing when the stated conditions are met.
If, in the judgment of at least one of the parties at the deposition, the Court’s same-day intervention would further the just, speedy, and inexpensive determination of the matter, and if the dispute reasonably can be presented briefly and orally, such party is welcome to telephone chambers to request a same-day hearing.
Civil cases
Page 1 | Disputes Arising During Depositions