Northern District of Illinois Document Filing Requirements

Applies to

All submissions

Must include

strict compliance

Court requires strict compliance with standing order rules and will reject non-compliant submissions.

The Court requires strict compliance with these rules. The Court will reject any submission that fails to comply.

Applies to

Declaration

Must include

specific language

Declaration for ex parte TRO must satisfy FRCP 65(b)(1) and identify specific facts.

Plaintiff's attorney of record shall file a single signed declaration under penalty of perjury sufficient to satisfy the following conditions: To obtain the extraordinary and drastic remedy of an ex parte temporary restraining order, the declaration must satisfy Federal Rule of Civil Procedure 65(b)(1), including by identifying: (a) each defendants' sale or offer for sale of the allegedly infringing product(s) within the past two months; (b) the ongoing and immediate harm to plaintiff (e.g., recent listings, transactions, or consumer confusion); (c) a factual link between each defendant and the challenged conduct; and (d) facts supporting plaintiff's position that notice would likely result in concealment, transfer, or destruction of evidence or assets.

Applies to

Declaration

Must include

specific language

Declaration for joinder must provide specific, non-speculative facts showing common transaction, law/fact questions, and interrelated conduct.

To satisfy Federal Rule of Civil Procedure 20 warranting joinder of the Schedule A defendants, the declaration must provide specific, non-conclusory, non-speculative facts showing that plaintiff's claims against each defendant arise from the same transaction or series of transactions and share common questions of law or fact. It must also identify non-conclusory, non-speculative facts linking defendants through a common scheme or interrelated conduct (e.g., shared identifiers, materially identical listings or products, common sources or fulfillment, coordinated platform activity, geographic and logistical overlap, or temporal proximity) sufficient to satisfy Rule 20. Merely alleging that multiple defendants infringe the same intellectual property in similar ways is insufficient and will be rejected.

Applies to

Declaration

Must include

specific language

Declaration must show personal jurisdiction over each defendant; website screenshots alone are insufficient.

The declaration must show that this Court has personal jurisdiction over each defendant—screenshots of websites no longer suffice. Failure to comply will result in dismissal.

Applies to

Motion

Must include

specific language

Motions seeking electronic service must comply with Kangol LLC case law.

Any motion seeking electronic service must comport with Kangol LLC, v. Hangzhou Chuanyue Silk Import & Export Co., Ltd., 2026 WL 1502198 (7th Cir. May 29, 2026).

Applies to

Motion

Must include

certificate of conference

Motion arguing Hague Convention does not apply must include a declaration under penalty of perjury with specific facts.

Any motion contending that the Hague Convention does not apply must be accompanied by a declaration under penalty of perjury attesting to the specific facts showing how an exception applies.

Applies to

Motion

Must include

specific language

If motion based on defendants' unknown addresses, plaintiff must undertake diligent efforts to ascertain addresses before filing and detail them in declaration.

If that motion is based on defendants' unknown addresses, the plaintiff must first undertake diligent efforts to ascertain and verify the defendants' addresses prior to filing its motion. Id. at *4. It must then detail those diligent efforts in its declaration.

Applies to

Declaration

Must include

specific language, certificate of service

Declaration for default/default judgment must certify service, notice through authorized channels, and opportunity to respond.

In addition to satisfying the Federal Rules of Civil Procedure, to warrant entry of default and default judgment, plaintiff's attorney of record shall file a single signed declaration under penalty of perjury certifying that all defendants were: (a) served; (b) provided notice of the motion for entry of default or default judgment through the same channels authorized for service; and (c) given a reasonable opportunity to appear and respond within the time permitted by the Court's order. The declaration shall further indicate whether any defendants subject to the motion have responded.

Applies to

Exhibit

Exhibits in a foreign language must be filed with an admissible English-language translation, and machine translation services are insufficient.

Exhibits in a foreign language must be filed with an admissible English-language translation. Using Google translate or a similar service does not suffice.

Applies to

Declaration

Plaintiff must file a single concise declaration under penalty of perjury to satisfy the conditions for the motion.

To satisfy each of the conditions above, plaintiff shall file a single concise declaration under penalty of perjury.

Applies to

Proposed order

All proposed orders must comply with the Court’s standing order on submitting proposed orders, and any with drafting or proofreading errors will be summarily rejected.

All proposed orders must be in strict compliance with this Court’s standing order on “Submitting a Proposed Order, Agreed or Otherwise, for Electronic Entry by the Judge.” Any proposed order with drafting or proofreading errors will be summarily rejected. See Pow! Entm’t, LLC v. Defs. Identified on Sched. A, 2020 WL 5076715 (N.D. Ill. Aug. 26, 2020), reconsideration denied and subsequent proposed default judgment rejected, 2020 WL 8455479 (N.D. Ill. Dec. 7, 2020).

Applies to

Settlement offer

Must include

written offer

Defendant must submit written settlement offer 7 days before settlement conference.

No later than seven (7) days before the settlement conference, the defendant shall submit a written offer to the plaintiff.

Applies to

Settlement demand

Must include

settlement demand, itemization of damages

Plaintiff must submit settlement demand and damages itemization 14 days before settlement conference.

Settlement conferences are more likely to be productive if the parties have previously exchanged demands and offers and have made a good faith effort to settle the case on their own. Accordingly, at least fourteen (14) days before the settlement conference, the plaintiff shall submit a written itemization of damages and a settlement demand to the defendant.

Applies to

Settlement conference

Must include

personal attendance, settlement authority

Parties with settlement authority must personally attend settlement conference.

Parties with ultimate settlement authority must be personally present at the settlement conference, unless otherwise ordered by the Court. This means that if a party is an individual, that individual must personally attend; if a party is a corporation or governmental entity, a representative of the corporation or governmental entity who is authorized to negotiate and who has full settlement authority must personally attend; if a party requires approval by an insurer to settle, then a representative of the insurer who is authorized to negotiate and who

Applies to

Settlement conference

Parties must be prepared to discuss 8 specific issues at settlement conference.

Parties should be prepared to discuss the following issues at the settlement conference: a. What do you hope to achieve in the litigation? b. What are the strengths and weaknesses of your case? c. What are the points of agreement and disagreement between the parties (both factual and legal)? d. What are the impediments to settlement? e. What remedies are available through litigation or otherwise? f. What will be the estimated cost of the litigation? g. Do you have adequate information to discuss settlement? If not, how will you obtain sufficient information to make a meaningful settlement discussion possible? h. Are their outstanding liens? Should a representative of the lienholder be included in the conference?

Applies to

Joint initial status report

Must include

notice of electronic filing

Joint initial status report due 3 business days before initial status conference.

The Joint Initial Status Report (an original and one copy by non-E-Filers) should be filed with the Clerk of the Court, or electronically by E-Filers at least three business days before the initial status conference.

Applies to

Declaration

Plaintiff’s attorney must file a single signed declaration under penalty of perjury meeting specific content requirements for TRO, joinder, and personal jurisdiction in Schedule A cases.

Plaintiff’s attorney of record shall file a single signed declaration under penalty of perjury sufficient to satisfy the following conditions: a. Ex Parte Relief: i. To obtain the extraordinary and drastic remedy of an ex parte temporary restraining order, the declaration must satisfy Federal Rule of Civil Procedure 65(b)(1), including by identifying: (a) each defendants’ sale or offer for sale of the allegedly infringing product(s) within the past two months; (b) the ongoing and immediate harm to plaintiff (e.g., recent listings, transactions, or consumer confusion); (c) a factual link between each defendant and the challenged conduct; and (d) facts supporting plaintiff’s position that notice would likely result in concealment, transfer, or destruction of evidence or assets. b. Joinder: i. To satisfy Federal Rule of Civil Procedure 20 warranting joinder of the Schedule A defendants, the declaration must provide specific, non-conclusory facts showing that plaintiff’s claims against each defendant arise from the same transaction or series of transactions and share common questions of law or fact. It must also identify facts linking defendants through a common scheme or interrelated conduct (e.g., shared identifiers, materially identical listings or products, common sources or fulfillment, coordinated platform activity, geographic and logistical overlap, or temporal proximity) sufficient to satisfy Rule 20. c. Personal Jurisdiction: i. The declaration must show that this Court has personal jurisdiction over each defendant—screenshots of websites no longer suffice. Liu v. Monthly, 170 F.4th 1090, 1093 (7th Cir. 2026) (“In the context of Schedule A litigation, a defendant’s operation of an online store accessible in the forum state, combined with completed sales in the forum state, has been found sufficient to subject that defendant to personal jurisdiction. . . . However, when assessing a defendant’s online contacts with a forum, we have cautioned that merely operating a website, even a highly interactive website, that is accessible from, but does not target, the forum state is not enough to sustain jurisdiction.”) (cleaned up).

Applies to

Declaration

Plaintiff’s attorney must file a signed declaration under penalty of perjury stating if defendants’ addresses are known and efforts to discover them for electronic service under FRCP 4 and 5.

Plaintiff’s attorney of record shall file a single signed declaration under penalty of perjury stating whether defendants’ addresses are known; and, if not, the efforts plaintiff took to discover the addresses sufficient to warrant electronic service under Federal Rules of Civil Procedure 4 and 5.

Applies to

Declaration

Plaintiff’s attorney must file a signed declaration under penalty of perjury certifying service, notice, opportunity to respond, and response status for default or default judgment entry.

In addition to satisfying the Federal Rules of Civil Procedure, to warrant entry of default and default judgment, plaintiff’s attorney of record shall file a single signed declaration under penalty of perjury certifying that all defendants were: (a) served; (b) provided notice of the motion for entry of default or default judgment through the same channels authorized for service; and (c) given a reasonable opportunity to appear and respond within the time permitted by the Court’s order. The declaration shall further indicate whether any defendants subject to the motion have responded.

Applies to

Exhibit

Foreign language exhibits must be filed with an admissible English translation; Google Translate is insufficient.

Exhibits in a foreign language must be filed with an admissible English-language translation. Using Google translate or a similar service does not suffice.

Applies to

Declaration

Plaintiff must file a single concise declaration to satisfy the applicable conditions.

a. To satisfy each of the conditions above, plaintiff shall file a single concise declaration.

Applies to

Proposed order

All proposed orders must comply with the Court’s standing order on submitting proposed orders, and orders with drafting or proofreading errors will be summarily rejected.

a. All proposed orders must be in strict compliance with this Court’s standing order on “Submitting a Proposed Order, Agreed or Otherwise, for Electronic Entry by the Judge.” Any proposed order with drafting or proofreading errors will be summarily rejected.

Applies to

Declaration

Plaintiff's attorney must file a single signed declaration under penalty of perjury to support a TRO.

Plaintiff's attorney of record shall file a single signed declaration under penalty of perjury sufficient to satisfy the following conditions:

Applies to

Declaration

Ex parte TRO declaration must satisfy FRCP 65(b)(1) with specific factual showings.

To obtain the extraordinary and drastic remedy of an ex parte temporary restraining order, the declaration must satisfy Federal Rule of Civil Procedure 65(b)(1), including by identifying: (a) each defendants' sale or offer for sale of the allegedly infringing product(s) within the past two months; (b) the ongoing and immediate harm to plaintiff (e.g., recent listings, transactions, or consumer confusion); (c) a factual link between each defendant and the challenged conduct; and (d) facts supporting plaintiff's position that notice would likely result in concealment, transfer, or destruction of evidence or assets.

Applies to

Declaration

TRO declaration must provide specific, non-conclusory facts showing Rule 20 joinder is warranted.

To satisfy Federal Rule of Civil Procedure 20 warranting joinder of the Schedule A defendants, the declaration must provide specific, non-conclusory, non-speculative facts showing that plaintiff's claims against each defendant arise from the same transaction or series of transactions and share common questions of law or fact. It must also identify non-conclusory, non-speculative facts linking defendants through a common scheme or interrelated conduct (e.g., shared identifiers, materially identical listings or products, common sources or fulfillment, coordinated platform activity, geographic and logistical overlap, or temporal proximity) sufficient to satisfy Rule 20.

Applies to

Declaration

TRO declaration must show personal jurisdiction over each defendant; website screenshots are insufficient and noncompliance results in dismissal.

The declaration must show that this Court has personal jurisdiction over each defendant—screenshots of websites no longer suffice. Failure to comply will result in dismissal.

Applies to

Temporary restraining order

Chief Judge Kendall presumptively requires a $10,000 bond per defendant.

Chief Judge Kendall presumptively requires a bond of $10,000 per defendant.

Applies to

Temporary restraining order

Third parties not named in the complaint cannot be named as acting in concert with defendants unless proven and given notice and opportunity to be heard.

Third parties not named in the complaint (e.g., Amazon, eBay, DHgate) cannot be named as in active concert or participation with the defendants unless their active concert or participation is proven and they receive advance notice and an opportunity to be heard before the Court enters any order against them.

Applies to

Motion

Motions contending the Hague Convention does not apply must be accompanied by a declaration under penalty of perjury; if based on unknown addresses, plaintiff must first undertake diligent efforts to ascertain addresses.

Any motion contending that the Hague Convention does not apply must be accompanied by a declaration under penalty of perjury attesting to the specific facts showing how an exception applies. If that motion is based on defendants' unknown addresses, the plaintiff must first undertake diligent efforts to ascertain and verify the defendants' addresses prior to filing its motion.

Applies to

Declaration

To obtain default judgment, plaintiff's attorney must file a single signed declaration under penalty of perjury certifying service, notice, and opportunity to respond, and indicating whether any defendants responded.

In addition to satisfying the Federal Rules of Civil Procedure, to warrant entry of default and default judgment, plaintiff's attorney of record shall file a single signed declaration under penalty of perjury certifying that all defendants were: (a) served; (b) provided notice of the motion for entry of default or default judgment through the same channels authorized for service; and (c) given a reasonable opportunity to appear and respond within the time permitted by the Court's order. The declaration shall further indicate whether any defendants subject to the motion have responded.

Applies to

Final pretrial order

Must include

verdict form, jury instructions

Parties must meet and confer on jury instructions and verdict forms before filing final pretrial order, with specific formatting requirements for disputed instructions.

The parties are instructed to meet and attempt to agree on the jury instructions and verdict form before filing the final pretrial order. The proposed jury instructions must state, on an instruction-by-instruction basis, the following information: the proponent of the instruction, the legal authority for the instruction, and whether there is an objection to the instruction. If an instruction is disputed, the objecting party must concisely state – either at the bottom of the same page or on the page immediately following the instruction – the grounds for the objection, as well as any proposed modification or alternative. The same principles apply to proposed verdict forms.

Applies to

Jury instructions

Must include

notice of electronic filing

Word versions of jury instructions and verdict forms must be emailed to Proposed_Order_Wood@ilnd.uscourts.gov.

In addition to filing the proposed jury instructions and verdict form as part of the final pretrial order, the parties also must submit a Word version of each to the Court’s Proposed Order e-mailbox: Proposed_Order_Wood@ilnd.uscourts.gov.

Applies to

Final pretrial order

Must include

objections to exhibits, deposition designations, objections to witnesses

Final pretrial conference held 1-3 weeks before trial; objections not raised in final pretrial order or at conference are waived.

The Court will hold a final pretrial conference approximately one to three weeks before trial. Lead trial counsel should appear fully prepared and with authority to discuss all aspects of the case. At the conference, the Court will address pending motions in limine, objections to witnesses and exhibits, contested jury instructions, trial procedures, and scheduling matters. Objections to witnesses, deposition designations, and exhibits that are not raised in the proposed final pretrial order or at the final pretrial conference will be deemed waived, absent a showing of good cause.

Applies to

Joint pretrial statement

Joint Pretrial Statement must be filed on the docket and emailed to chambers in MS Word format.

The parties shall file on the docket a Joint Pretrial Statement with the following items, and also email the complete Statement to Judge Chang's Proposed Order email account in MS Word format.

Applies to

Witness list

Witness list must be filed on the same date as the Joint Pretrial Statement and emailed to chambers in MS Word format.

On the same date as the Joint Pretrial Statement, each party shall file a list of witnesses (and email an MS Word version to Judge Chang's Proposed Order email account), including expert witnesses, divided into (a) witnesses who will be called; and (b) witnesses who might be called.

Applies to

Exhibit chart

Exhibit chart must be filed on the same date as the Joint Pretrial Statement and emailed to chambers in MS Word format.

Each party must file an exhibit chart (and email an MS Word version to Judge Chang's Proposed Order email account) on the same date as the Joint Pretrial Statement.

Applies to

Jury instructions

Proposed jury instructions must include proponent, legal authority, and objection status for each instruction.

The proposed jury instructions must state, on an instruction-by-instruction basis, the following information: the proponent of the instruction, the legal authority for the instruction, and whether there is an objection to the instruction.

Applies to

Physical exhibit placeholder

Must include

exhibit number, placeholder pdf, neutral description

Physical objects need placeholder PDFs for JERS with exhibit number and description.

One last thing: a physical object of course will not be imported into JERS, but you should still assign a consecutively numbered exhibit designation to it, along with a neutral description. Then create a one-page .pdf with the exhibit number and neutral description on it, and submit those exhibits as part of the JERS disc.

Applies to

Exhibits

Must include

exhibit list

Supply exhibits on USB/DVD/CD to court and opposing side 5 business days before pretrial conference; provide 3 double-sided paper copies of objected-to exhibits to chambers in three-ring binders.

Five business days before the pretrial conference, supply the exhibits to the Court (and to the other side) on a USB drive, DVD, or CD. Consistent with the Standing Order, you’ll also be supplying to chambers three paper copies of only the objected-to exhibits, double-sided in three-ring binders.

Applies to

Exhibits

Must include

exhibit list

Supply trial exhibits on USB/DVD/CD to courtroom deputy and opposing side 5 business days before trial.

Five business days before the trial, supply the trial exhibits to the courtroom deputy and to the other side, again on a USB drive, CVD, or CD.

Applies to

Exhibits

Must include

exhibit list

Supply newly admitted exhibits in digital format as soon as possible for JERS import.

Counsel for the offering party must supply the exhibit in digital format as soon as possible (a thumb drive comes in handy for this), and the courtroom deputy will import it into JERS.

Applies to

Pretrial order

Must include

stipulations and uncontested facts

Stipulations must be served 10 days before due date; confer 5 days before.

No later than 10 business days before the Proposed Pretrial Order’s due date, the parties must serve on each other proposed stipulations and uncontested facts. No later than 5 business days before the due date, the parties must confer in good faith to arrive at as many stipulations and uncontested facts as possible.

Applies to

Pretrial order

Must include

witness lists

Witnesses not on disclosure lists barred from testifying without good cause.

Witnesses who are not on the lists are barred from testifying unless the proponent shows good cause for the failure to disclose the witness.

Applies to

Pretrial order

Must include

exhibit charts

Unobjected exhibits deemed admissible by pretrial order.

Any substantive exhibit not objected-to shall be deemed admissible into evidence by this Order (note: for the exhibit to be actually entered into the record for the jury’s consideration, the exhibit still must be referred-to during trial testimony or otherwise published to the jury).

Applies to

Pretrial order

Must include

exhibit stipulations

Parties must stipulate to exhibit authenticity whenever possible.

The parties shall stipulate to the authenticity of exhibits whenever possible.

Applies to

Final pretrial order

Parties must jointly prepare and submit a Final Pretrial Order by the court-set date.

The parties shall jointly prepare and submit, on the date set by the court, a Final Pretrial Order containing the following , absent prior modification by the court:

Applies to

Final pretrial order

The Final Pretrial Order must include a concise statement of subject matter jurisdiction and, if disputed, the nature and basis of the dispute.

Jurisdiction: A concise statement of subject matter jurisdiction, and if jurisdiction is disputed, the nature and basis of the dispute.

Applies to

Final pretrial order

The Final Pretrial Order must include a concise statement of claims, defenses, counterclaims, and cross claims, which will be read to the jury during voir dire in a jury trial.

Claims. A concise statement (1 or 2 short paragraphs) of the claim (s) of the plaintiff(s), defense(s) of defendant(s), and all counterclaims and cross claims. In a jury trial, this statement will be read to the jury during voir dire.

Applies to

Final pretrial order

The Final Pretrial Order must include an itemization of damages and other relief sought.

Relief sought. An itemization of damages and other relief sought.

Applies to

Final pretrial order

The Final Pretrial Order must list all witnesses; unlisted witnesses are precluded from testifying absent good cause, with a rebuttal witness exception.

Witnesses. A list of names and addresses of all witnesses: (a) who will be called; (b) who may be called; and (c) whose deposition will be used. In a jury trial, this list will be read to the jury during voir dire. Any witness not listed in the final pretrial order will be precluded from testifying absent a showing of good cause, except that each party reserves the right to call such rebuttal witnesses (who are not presently identifiable) as may be necessary.

Applies to

Final pretrial order

Objections to witnesses not stated in the Final Pretrial Order are waived absent good cause.

Objections. A statement of any objections to the calling of any witness. Objections not made in the final pretrial order will be deemed waived absent a showing of good cause.

Applies to

Final pretrial order

The Final Pretrial Order must state each expert's subject of expertise and any objections; Daubert objections must be noted in the order and set forth in a separate motion in limine, or they are waived.

Expert witnesses. A statement of the subject(s) of each expert witness'expertise, and a statement of any objections to the calling or qualifications of the witness (Daubert objections must be noted in the final pretrial order but should be set forth in a separate motion in limine.) Objections not made in the final pretrial order will be deemed waived absent a showing of good cause.

Applies to

Final pretrial order

The Final Pretrial Order must include a deposition chart with page/line designations, objections, and basis of admissibility; unstated objections are waived.

Depositions. For each witness whose deposition will be used, a chart containing the following information: (a) a listing, by page and line, of the testimony that each side seeks to present; (b) a concise statement of objections to any testimony and the basis for the objection; and (c) a concise statement of the asserted basis of admissibility. Objections not made in the final pretrial order will be deemed waived absent a showing of good cause.

Applies to

Final pretrial order

The Final Pretrial Order must schedule all trial exhibits by number with descriptions; unlisted exhibits are excluded absent good cause.

Exhibits. A schedule of all exhibits a party may introduce at trial, as well as any demonstrative exhibits or evidence, identified by trial exhibit number , with a brief description of each exhibit. Any exhibit not listed in the final pretrial order will be excluded from evidence absent a showing of good cause.

Applies to

Final pretrial order

Objections to exhibits not stated in the Final Pretrial Order are waived absent good cause.

Objections. A statement of any objections to each exhibit. Objections not made in the final pretrial order will be deemed waived absent a showing of good cause.

Applies to

Final pretrial order

The Final Pretrial Order must state whether trial is bench or jury and provide a realistic length estimate.

Type and length of trial. A statement of whether the trial will be a bench trial or jury trial, and a realistic estimate of the length of the trial.

Applies to

Final pretrial order

The Final Pretrial Order must summarize the history and current status of settlement negotiations.

Settlement History. A statement briefly summarizing the history and current status of settlement negotiations.

Applies to

Final pretrial order

For bench trials, the Final Pretrial Order must include proposed findings of fact and conclusions of law, and parties must email them to the court at trial.

Proposed findings and conclusions. For a bench trial, proposed findings of fact and conclusions of law. At trial, each party shall also submit via email its proposed findings and conclusions.

Applies to

Final pretrial order

For jury trials, the Final Pretrial Order must include proposed voir dire; parties need not duplicate Judge Bucklo's general questions but must submit objections, modifications, additions, and case-specific questions.

Proposed voir dire. For a jury trial, proposed voir dire. Judge Bucklo has her own set of general voir dire questions, which can be obtained from chambers or this court's web page. These questions need not be duplicated in the final pretrial order. The parties are to submit any proposed objections, modifications, and additions to these general questions , as well as any proposed voir dire specific to the case.

Applies to

Final pretrial order

For jury trials, proposed jury instructions must use the Seventh Circuit Pattern Civil Jury Instructions; IPI instructions are required for substantive law issues in diversity cases governed by Illinois law.

Proposed jury instructions. For a jury trial, proposed jury instructions. For general instructions, please use the Seventh Circuit's Pattern Civil Jury Instructions, which can be found on that Court's website, www.ca7.uscourts.gov. In diversity cases where Illinois law provides the rule of decision, the use of IPI instructions as to issues of substantive law is required.

Applies to

Final pretrial order

Parties must submit one joint set of jury instructions, listing objections with authority and placing competing instructions with the disputed instruction.

Joint instructions. The parties shall submit one set of jury instructions. Where there is disagreement, the objection, with citation to authority, shall be listed immediately following the instruction. If necessary, a competing instruction shall be placed with the instruction upon which there is disagreement.

Applies to

Motion in limine

Motions in limine must be filed and served with the Final Pretrial Order, must not be bound with it, and responses are due within 14 days.

Any motions in limine must be filed and served along with the final pretrial order. The motions should not be bound with the final pretrial order. Any responses must be filed and served no later than fourteen (14) days thereafter.

Applies to

Final pretrial order

Must include

caption

The final pretrial order must include a cover document with the case caption, title, required recitation, specific controlling language, and signatures of counsel and the court.

The final pretrial order should be submitted to the court with a cover document setting forth the case caption and the title FINAL PRETRIAL ORDER. The cover document must (a) recite that each of the foregoing categories of materials is included; (b) must state that "This order will control the course of the trial and may not be amended except by consent of the parties, or by order of the court to prevent manifest injustice"; and (c) must be signed by counsel for each of the parties and contain a space for the court's signature.

Applies to

Final pretrial conference

Trial counsel who is fully prepared and has authority to discuss all aspects of the case must attend the final pretrial conference.

Trial counsel fully prepared and with authority to discuss all aspects of the case must attend.

Applies to

Joint pre trial statement

Must include

notice of electronic filing

Joint Pre-Trial Statement due 35 days before Pre-Trial Conference, with Word version emailed to chambers.

35 days (5 weeks) before the Pre-Trial Conference, the parties shall e-file a Joint Pre-Trial Statement, comprised of the below items (listed in Section I.a–f). Separately, the government shall e-mail a Microsoft Word version of the Joint Pre-Trial Statement to Proposed_Order_Valderrama@ilnd.uscourts.gov:

Applies to

Witness list

Must include

judge name, case number

Witness lists must be e-filed and emailed to chambers on same date as Joint Pre-Trial Statement.

On the same date as the deadline for the e-filing of the Joint Pre-Trial Statement, each party shall e-file a list of witnesses (and e-mail a Microsoft Word version to Proposed_Order_Valderrama@ilnd.uscourts.gov), including expert witnesses and rebuttal witnesses, identifying the following:

Applies to

Witness list

Witness descriptions limited to 2-3 sentences.

For each witness, the party must provide a very concise (i.e., no more than two or three sentences) description of the witness’s role in the case.

Applies to

Witness list

Witnesses not on list are barred unless no prejudice or good cause shown.

Witnesses who are not on the lists are barred from testifying unless the proponent shows an absence of prejudice to the opposing party or good cause for the failure to disclose the witness.

Applies to

Exhibit chart

Must include

judge name, case number

Exhibit charts must be e-filed on same date as Joint Pre-Trial Statement.

On the same date as the deadline for the e-filing of the Joint Pre-Trial Statement, each party shall e-file an exhibit chart of the exhibits the party will definitely use at trial (including demonstratives, summaries, or other specially prepared exhibits), which includes the following:

Applies to

Exhibit chart

Parties must exchange exhibit charts 10 business days before deadline; objections due 5 business days before.

Because of the need to work together to create the charts (because of the objection column), the parties must exchange their respective proposed exhibit charts 10 business days before the deadline for filing the charts, and the objecting side must return the chart with the objection column filled in 5 business days before the deadline for filing the charts.

Applies to

Exhibit submission

Must include

usb drive

14 days before Pre-Trial Conference, parties must deliver USB key/thumb drive to chambers.

14 days (2 weeks) before the Pre-Trial Conference, each party shall deliver to chambers the following: a. USB Key/Thumb Drive

Applies to

Exhibits

Do not renumber exhibits after Pre-Trial Conference, even if some are deemed inadmissible.

After the Pre-Trial Conference, do not renumber the exhibits, even if during the Pre-Trial Conference the Court deemed some of them inadmissible. This will preserve consistency of exhibit numbering from the Pre-Trial Conference and

Applies to

Trial exhibit

Must include

usb drive

Newly admitted trial exhibits must be supplied on USB drive to Courtroom Deputy.

When an exhibit is admitted into evidence during trial and the exhibit was not previously supplied on the USB Key/Thumb Drive, not surprisingly the exhibit must follow the same exhibit-naming convention as described above. Counsel for the offering party must supply the exhibit in digital format as soon as possible (via a USB Key/Thumb Drive) to the Courtroom Deputy.

Applies to

Exhibit list

Must include

filing on docket

Government must file exhibit list on docket at close of case-in-chief.

At the close of the Government’s case-in-chief, after consulting with Defendant, the Government must file on the docket its list of the Government’s exhibits which were admitted into evidence during trial. See supra Standing Order Section VIII.d.

Applies to

Usb drive

Must include

jers format, ocr text recognition, no password protection

USB drive with admitted exhibits (no password, OCR-text) required for JERS.

One USB Key/Thumb Drive with no password protection containing each admitted exhibit in the format required by JERS. The exhibits must have OCR-text recognition run on them.

Applies to

Hard copy binder

Must include

backup for jers issues, one copy per admitted exhibit

Hard copy binder of admitted exhibits required as backup for JERS issues.

One binder containing one copy of each admitted exhibit. The binder must exhibits. The jury will not be supplied with this binder unless JERS experiences technical issues, rendering access to JERS impossible.

Applies to

Exhibit list

Must include

usb drive, hard copies, filing on docket

Defendant must file exhibit list and provide USB/hard copies after resting.

After Defendant rests and before closing arguments, after consulting with the Government, Defendant must file on the docket its list of Defendant’s exhibits which were admitted into evidence during trial, following the same instructions included above regarding the Government’s list. Defendant must also provide to the Courtroom Deputy a USB Key/Thumb Drive and Hard Copies, as described above.

Applies to

Exhibit list

Must include

usb drive, hard copies, filing on docket +1 more

Government must file updated exhibit list and provide USB/hard copies for rebuttal exhibits.

If the Government puts on a rebuttal case, if new exhibits are admitted, after the Government rests and before closing arguments, after consulting with Defendant, the Government must file an updated exhibit list, including the exhibits admitted during the Government’s case-in-chief and the exhibits admitted during the Government’s rebuttal case, and distinguish which exhibits were admitted during the rebuttal case. The Government must also provide to the Courtroom Deputy a USB Key/Thumb Drive and a binder of hard copies including only the new exhibits admitted during the Government’s rebuttal case.

Applies to

Protective order

Must include

expert certification

Expert/consultant must acknowledge receipt of confidential information under protective order.

I, [insert person's name], state the following under penalties of perjury as provided by I have been retained by [insert party's name] as an expert or consultant in connection with this case. I will be receiving Confidential [and Highly Confidential] information that is covered by the Court's protective order dated ffi/I in date]. I have read the Court's protective order and understand that the Confidential [and Highly Confidential] information is provided pursuant to the terms and conditions in that order.

Applies to

Protective order

Must include

return of information, confidentiality agreement

Expert/consultant must agree to use confidential information only for this case and return it.

I agree to be bound by the Court's protective order. I agree to use the Confidential [and Highly Confidential] information solely for purposes of this case. I understand that neither the Confidential [and Highly Confidential] information nor any notes concerning that information may be disclosed to anyone that is not bound by the Court's protective order. I agree to return the Confidential [and Highly Confidential] information and any notes concerning that

Applies to

Exhibit binder

Two sets of exhibit binders with objected-to exhibits due one week before pretrial conference.

At least one week before the pretrial conference, the parties must provide the court with two sets of exhibit binders containing copies of the objected-to representative exhibits.

Applies to

Final exhibit binder

Two binders of final exhibits due day before trial.

After the pretrial conference and rulings on exhibits, two binders of the final exhibits will be required to be given to the Court no later than the day before trial.

Applies to

Motion in limine

Must include

replies prohibited

Motions in limine due three weeks before pretrial conference; responses due one week before.

Unless otherwise ordered, all motions in limine must be filed three weeks before the final pre-trial conference. Responses are due one week before the final pre-trial conference. No replies should be filed unless ordered by the Court.

Applies to

Motion in limine

Must include

meet and confer required

Parties must meet and confer on motions in limine before filing.

The parties are directed to meet and confer on all motions in limine before filing them and determine which motions, if any, are unopposed and do not need to be filed.

Applies to

Jury instructions

Must include

meet and confer required

Parties must meet and confer on jury instructions before pretrial conference.

The parties are instructed to meet and attempt to agree on jury instructions and to file proposed instructions before the final pre-trial conference.

Applies to

Pretrial conference

Must include

defendant attendance

Criminal defendants must attend pretrial conference unless personally waived.

At least three weeks before a criminal trial, the parties will be scheduled to appear for a pretrial conference. The Defendant(s) must be present for the conference unless their presence is personally waived at a prior court proceeding.

Applies to

Pretrial submission

Pretrial submissions due five business days before conference.

The following should be filed five business days before the conference, unless otherwise indicated:

Applies to

Trial

Must include

witness disclosure

Witness identity must be disclosed at least one day before trial day.

Counsel shall disclose the identity of trial witnesses no less than one day before the beginning of the trial day in which counsel expect to call the witnesses.

Applies to

Trial

Must include

exhibit disclosure

All exhibits must be provided to opposing counsel, Court, and witnesses before trial.

Before the trial begins, provide copies of all exhibits to opposing counsel, to the Court and for use by witnesses. In a jury trial, prepare exhibit books for each juror or alternatively, use enlarged or projected copies. All exhibits should be marked in advance and ruled upon at the final pretrial conference.

Applies to

Joint status report

Must include

judge name, case number

Joint status report on settlement required within 14 days of minute order.

Upon agreement by the parties and the Court to proceed with a settlement conference before this Court instead of the assigned Magistrate Judge, Judge Cummings will enter a minute order requesting the submission of a joint status report on settlement to this Court’s settlement correspondence mailbox (Settlement_Correspondence_Cummings@ilnd.uscourts.gov) within 14 days.

Applies to

Joint status report

Joint status report must address 6 specific settlement issues.

In the joint status report on settlement, the parties should address the following issues: (1) whether the parties have the necessary information to conduct meaningful settlement discussions; (2) the earliest anticipated date when all parties will be ready to participate in a productive settlement conference and the parties mutually available dates for a remote settlement conference in the months specified in the Court’s minute order requesting the status report; (3) any circumstances that would warrant an expedited conference; (4) whether the parties have engaged in previous settlement discussions and the current status of those discussions; (5) the individuals who will be present at the settlement conference on behalf of their respective parties, consistent with the requirements of this Order; and (6) whether there are outstanding lien holders or third parties who must provide information or should participate in the settlement conference.

Applies to

Settlement letter

Must include

judge name, case number

Pre-conference settlement letters must be emailed to chambers on same day as opposing counsel.

Settlement conferences are more likely to be productive if, before the conference, the parties have had a written exchange of their settlement positions. Accordingly, Judge Cummings will set a schedule for the exchange of pre-conference when scheduling the settlement conference. Each party shall email a copy of its letter to Judge Cummings’ chambers on the same day that it is provided to opposing counsel. The subject line of the email shall include the case name, case number, and the date of the settlement conference. The email address for the submission of settlement letters to the Court is Settlement_Correspondence_Cummings@ilnd.uscourts.gov. These letters are not electronically filed on the court docket.

Applies to

Settlement letter

Plaintiff’s settlement letter must include summary of evidence and legal principles.

The plaintiff’s counsel’s settlement letter must set forth the following information: (a) a brief summary of the evidence and legal principles that plaintiff asserts will allow it

Applies to

Settlement letter

Must include

client copy

Counsel must provide settlement letters to clients before conference.

Counsel are required to provide copies of the settlement letters to their clients to read prior to the conference.

Applies to

Motion

Must include

local rule certificate

Motions for expedited discovery, TRO, or preliminary injunction must demonstrate personal jurisdiction.

Every motion for leave to conduct expedited discovery, motion for temporary restraining order, and motion for preliminary injunction must show that the court likely has personal jurisdiction. Failure to make such a showing will result in denial of the motion without prejudice.

Applies to

Motion

Must include

local rule certificate

Citing images alone is insufficient to demonstrate likelihood of success on merits.

Citing images of the accused products and the plaintiff’s intellectual property to demonstrate a likelihood of success on the merits is not helpful and risks delay or denial of a motion. See, e.g., Unicolors, Inc. v. Shewin Flagship Shops, 2024 WL 3549568, at *1–2 (N.D. Ill. June 4, 2024).

Applies to

Exhibit

Must include

local rule certificate

Foreign language exhibits require admissible English translation, not Google Translate.

Exhibits written in a foreign language must be filed with an admissible English-language translation. Using Google Translate or a similar service does not suffice.

Applies to

Proposed order

Must include

local rule certificate

Third parties cannot be named as in active concert without proof and notice.

Pursuant to Seventh Circuit authority, under Rule 65(d)(2), third parties not named in the complaint (typically, for example, Amazon and eBay) cannot be named as in active concert or participation with the defendant(s) unless their active concert or participation is proven and they receive advance notice and an opportunity to be heard before any such order is entered.

Applies to

Motion

Must include

local rule certificate

Plaintiff must show reasonable diligence in identifying defendant's address before alternative service.

Under this court’s ruling in Luxottica Group S.p.A. v. Defendants Identified on Schedule A, 391 F. Supp. 3d 816, 820–21 (N.D. Ill. 2019), a plaintiff in a typical Schedule A case must demonstrate that it exercised reasonable diligence in attempting to identify a defendant’s mailing address before service of process by an alternative means, such as e-mail, may be authorized under Fed. R. Civ. P. 4(f)(3).

Applies to

Temporary restraining order

Must include

notice of electronic filing

TROs must advise defendants of hearing date/time and response procedures.

Every temporary restraining order must advise the defendant(s) of the date and time of the scheduled hearing as well as the procedure for requesting a hearing or filing a written response to the motion for preliminary injunction.

Applies to

Motion for preliminary injunction

Must include

certificate of service

PI motion due 3 business days before hearing (preceding Friday if Wednesday hearing); certificate of service required.

A preliminary injunction hearing is tentatively set for [14 days after entry of TRO], at 10:30 AM Central Time. Any motion for preliminary injunction must be filed on or before [3 business days before the date of the tentative preliminary injunction hearing. If the preliminary injunction hearing is set on a Wednesday, this deadline must be the preceding Friday.] Along with any such motion, plaintiff(s) must file a certificate of service of the temporary restraining order and any order extending it upon defendant(s) in accordance with Federal Rule of Civil Procedure 5.

Applies to

Temporary restraining order extension

TRO extensions must include the language from paragraph 8.

Every order extending a temporary restraining order must include the language in paragraph (¶ 8).

Applies to

Motion for tro extension

Must include

certificate of service

Certificate of service required with motions for TRO extensions.

Along with any such motion, plaintiff(s) must file a certificate of service of the temporary restraining order and any order extending it upon defendant(s) in accordance with Federal Rule of Civil Procedure 5.

Applies to

Pretrial order

Plaintiff must provide draft Proposed Pretrial Order to defendant 21 days before due date.

Plaintiff’s counsel is responsible for preparing the initial draft of the Proposed Pretrial Order and must provide a draft to defendant’s counsel no later than 21 days before the date on which the Proposed Pretrial Order is due.

Applies to

Pretrial order

Must include

signature blocks

Proposed Pretrial Order must be electronically signed by all counsel.

The Proposed Pretrial Order must be signed (electronically) by counsel for each party.

Applies to

Pretrial order

Must include

notice of electronic filing

Proposed Pretrial Orders must be filed on ECF docket under 'Other Documents'.

Proposed Pretrial Orders 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.

Applies to

Pretrial order

Defendant must respond to plaintiff's draft with objections and additions 14 days before due date.

Defendant’s counsel must respond in writing to plaintiff’s draft no later than 14 days before the Proposed Pretrial Order is due, including any objections, changes, and additions to plaintiff’s draft, as well as defendant’s portions of the draft Proposed Pretrial Order (for example, defendant’s witness list, exhibit list, and objections to exhibits and deposition testimony listed by plaintiff).

Applies to

Pretrial order

Parties must meet and confer 7 days before Proposed Pretrial Order due date.

The parties must meet and confer by no later than seven days before the Proposed Pretrial Order is due to discuss their respective drafts and to reach agreement to the extent possible.

Applies to

Pretrial order

Must include

caption

Proposed Pretrial Order must include cover document with case caption and title.

The Proposed Pretrial Order should be submitted to the Court with a cover document setting forth the case caption and the title “PROPOSED PRETRIAL ORDER.”

Applies to

Pretrial order

Must include

signature blocks

Proposed Pretrial Order must be signed by all counsel and include space for judge's signature.

The document must be signed by counsel for each party and must contain a space for the judge’s signature.

Applies to

Pretrial order

Witnesses not on disclosure lists are barred from testifying unless good cause shown.

Witnesses who are not on the lists are barred from testifying unless the proponent shows good cause for the failure to disclose the witness.

Applies to

Pretrial order

Objections not in final pretrial order are waived unless good cause shown.

Objections not made in the final pretrial order will be deemed waived absent a showing of good cause.

Applies to

Joint deposition designation chart

Must include

objections, page line numbers, counter designations +1 more

Joint chart required for deposition designations with specific content.

The parties shall generate a joint chart, in page order, that sets forth the designation by page and line number, objection, counter-designation if objection overruled, any counter-designations, and any objections to the counter-designations (again with a concise basis for the objection).

Applies to

Motion in limine

Must include

meet and confer statement

Motions in limine must include meet-and-confer statement.

Every motion in limine filed by a party must be accompanied by a statement that the party has conferred with the opposing party and the opposing party actually intends to offer the evidence that the movant seeks to exclude, or actually opposes admission of the evidence that the movant seeks to include.

Applies to

Pretrial order

Must include

draft

Plaintiff must prepare and submit draft pretrial order after consulting with defendant.

Following consultation with the defendant(s), the plaintiff(s) shall prepare and submit the draft pretrial order.

Applies to

Pretrial order

Pretrial order must include 10 specific items.

The draft order must include the following items:

Applies to

Pretrial order

Must include

notice of electronic filing

Pretrial Memorandum must be filed on ECF docket under 'Other Documents'.

The Pretrial Memorandum 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.

Applies to

Pretrial order

Must include

judge name, case number, notice of electronic filing

List all trial attorneys with contact info; lead counsel must provide cell phone to chambers.

In the Pretrial Memorandum, the parties shall list all of the attorneys trying the case, as well as their contact information (business address, telephone number, and e-mail address). Lead trial counsel shall provide to chambers by telephone his or her cell phone number for use in the event the Court needs to reach the parties during trial.

Applies to

Pretrial order

Must include

judge name, case number, notice of electronic filing

Pretrial Memorandum must include neutral case statement for jury selection.

In the Pretrial Memorandum, the parties shall provide a neutral and concise agreed statement of the case to be read by the Court to the jury during jury selection. The statement should include a brief description of the nature of the case and the charges and may include (but is not required to include) any defenses. The parties shall refrain from using argumentative or indoctrinating language.

Applies to

Pretrial order

Must include

judge name, case number, notice of electronic filing

Pretrial Memorandum must include estimated trial length in days.

In the Pretrial Memorandum, the parties shall state the estimated number of trial days, including jury selection, opening statements, and closing arguments. Generally, to accommodate the venire, the Court will select a jury on day one of trial and start opening statements on day two.

Applies to

Pretrial order

Must include

judge name, case number, notice of electronic filing

Submit agreed exhibits and list factual/testimonial stipulations with Pretrial Memorandum.

Along with the Pretrial Memorandum, the parties shall submit a copy of all agreed exhibits (if any), and also list any factual or testimonial stipulations they intend to enter into evidence and publish to the jury.

Applies to

Pretrial order

Must include

judge name, case number, notice of electronic filing

Submit proposed trial exhibit list with exhibit number, description, and relevance.

Along with the Pretrial Memorandum, each party shall also submit a proposed trial exhibit list that includes any summary exhibits and demonstrative exhibits. The list must state the following: (a) the exhibit number/name; (b) a concise description of the exhibit (with any pertinent dates of documents); and (c) a concise statement of the exhibit’s relevance.

Applies to

Status report

Must include

judge name, case number

Joint status report required; individual reports must be explained.

The Court expects the parties to file a joint status report on behalf of all parties. If you are filing an individual report or filing a joint report on behalf of fewer than all parties, explain why.

Applies to

Status report

Must include

certificate of service

Incomplete service requires description of efforts and completion estimate per FRCP 4.

If Plaintiff has failed to complete service of process on all Defendants, then counsel must describe the efforts to perfect service to date and provide an estimate for completion of service consistent with Federal Rule of Civil Procedure 4.

Applies to

Discovery proposal

Must include

case management plan

Counsel must submit discovery proposal and case management plan.

Counsel for all parties must submit a proposal for discovery and a case management plan, including the following information:

Applies to

Confidentiality order

Must include

proposed order

Proposed confidentiality orders require motion, redlined and clean Word versions to specific email.

(4) The need for, and content of, any proposed confidentiality orders, in accordance with the Local Rules for the Northern District of Illinois (parties should start with the model confidentiality order, file a motion seeking entry of the order, and send a redlined version and a clean Word version to proposed_order_blakey@ilnd.uscourts.gov);

Applies to

Final pretrial order

Must include

exhibit list

One exhibit binder with objected-to exhibits and electronic upload required within one business day of filing final pretrial order.

Within one business day of filing the final pretrial order, the parties must submit to chambers one exhibit binder containing copies of all objected-to substantive exhibits. In addition, the parties must use the link that will be provided by the Court to upload all proposed exhibits (whether objected to or not). Exhibits that will be used only for impeachment purposes or to refresh memories need not be included.

Applies to

Exhibit binder

Must include

exhibit list

Two exhibit binders and electronic upload required business days before trial.

After the final pretrial conference and rulings on exhibits, no later than business days before trial, the parties must submit two sets of exhibit binders containing the final, pre-marked exhibits along with exhibit lists. In addition, the parties must upload any exhibits not previously uploaded to the link provided by chambers.

Applies to

Final pretrial order

Must include

notice of electronic filing

Final pretrial order must be filed on CM/ECF docket under specific event.

The Final 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.

Applies to

Jury instructions

Must include

legal authority

Jury instructions must be submitted with final pretrial order, indicating proponent, status, legal authority, and objections.

The parties must submit all agreed and proposed jury instructions with the final pretrial order. Each proposed instruction must indicate the proponent of the instruction and whether the instruction is agreed or disputed. The bottom of each instruction must identify the supporting legal authority. If an instruction is disputed, the grounds for the objection (and any proposed modification or alternate instruction) must be concisely stated on the same page immediately following the disputed instruction.

Applies to

Initial status report

Must include

certificate of service

Parties must conduct Rule 26(f) planning conference and file joint Initial Status Report for New Case.

This case has been assigned to the calendar of Judge LaShonda A. Hunt. The parties are directed to meet pursuant to Federal Rule of Civil Procedure 26(f) and conduct a planning conference, and file a joint Initial Status Report for New Case, containing the following information:

Applies to

Witness examination

Witness examinations must be from podium unless otherwise allowed; alternative is jury box end with microphone use.

All witness examinations must be conducted from the podium unless otherwise allowed by the Court. The only alternative site is the end of the jury box, but you must speak loudly enough for the witness, judge, jury, and court reporter to easily hear you, and speak into the microphone at the end of the jury box so that the audio-recording system can record you.

Applies to

Jury address

Jury addresses must be made from the podium for audio recording purposes.

Jury addresses must take place at the podium as well: even if you speak loudly for us to hear you, again the audio-recording system relies on the microphones to record what you say, and the recording is necessary for transcript preparation or to resolve a dispute over what a transcript says.

Applies to

Objection

Must include

stand when objecting

Must stand when making an objection to alert Court and witness.

When you object, you must stand so that the Court and the witness are on alert that an objection will be made.

Applies to

Exhibit

Must include

notice of electronic filing

Proposed exhibits must be uploaded to Box.com at least 5 business days before pretrial conference.

At least 5 business days before the pre-trial conference, the parties must upload electronic copies all of the proposed exhibits using a box.com link the court will provide upon request.

Applies to

Proposed pretrial order

Must include

notice of electronic filing

Proposed Pretrial Orders filed electronically via CM/ECF with email copy in Word format.

Proposed pretrial orders must be filed electronically using CM/ECF (no need for courtesy copies). To file it, select the appropriate CM/ECF event, “Other Filings” and then “Other Documents,” and choose the Proposed Pretrial Order event. Also email it to Proposed_Order_Jenkins@ilnd.uscourts.gov in Microsoft Word format.

Applies to

Exhibit list

Must include

notice of electronic filing

Exhibit list must use court-provided template.

The parties must submit an exhibit list that includes Plaintiff’s exhibits and Defendant’s exhibits using the template uploaded to the court’s webpage.

Applies to

Physical exhibit placeholder

Must include

consecutive number, neutral description, one page pdf placeholder

Physical objects need numbered exhibit designation and one-page PDF placeholder for JERS.

One last thing: a physical object of course will not be imported into JERS, but you should still assign a consecutively numbered exhibit designation to it, along with a neutral description. Then create a one-page .pdf with the exhibit number and neutral description on it, and submit those exhibits as part of the JERS disc.

Applies to

Proposed pretrial order

Witnesses not on the list are barred from testifying unless good cause shown.

Witnesses who are not on the lists are barred from testifying unless the proponent shows good cause for the failure to disclose the witness.

Applies to

Proposed pretrial order

Unobjected exhibits are deemed admitted without foundation testimony.

Any exhibit not objected-to shall be deemed admitted by operation of the Final Pretrial Order without any need for foundation testimony, unless the exhibit is not referred to or published during trial.

Applies to

Proposed pretrial order

Must include

ecf filing, email submission

Proposed Pretrial Order must be emailed in Word format and filed on ECF.

The Proposed Pretrial Order must be: • e-mailed to Proposed_Order_Shah@ilnd.uscourts.gov in Microsoft Word format; • filed on the docket by selecting the Proposed Pretrial Order event in CM/ECF;

Applies to

Motion in limine

Must include

certificate of conference

Motions in limine must include meet-and-confer statement about opposing party's evidence intentions.

Any motion in limine must be accompanied by a statement that the party has conferred with the opposing party and the opposing party actually intends to offer the evidence that the movant seeks to exclude, or actually opposes admission of the evidence that the movant seeks to include.

Applies to

Initial status report

Must include

joint filing

Parties must jointly file initial status report.

The parties shall jointly prepare and file an initial status report, containing the following information:

Applies to

Joint proposed voir dire

Must include

joint proposed voir dire

Joint proposed voir dire document must include all parties' questions and objections.

To propose questions to be included in the written questionnaire distributed to the venire, the parties must file a joint proposed voir dire document that includes both: (a) each party’s proposed voir dire questions; and (b) each party’s objections, if any, to the voir dire questions proposed by the other parties.

Applies to

Jury instructions

Must include

agreement status, proponent identification

All jury instructions must be submitted with final pretrial order, indicating proponent and agreement status.

The parties must submit all agreed and proposed jury instructions with the final pretrial order. Each proposed instruction must indicate the proponent of the instruction and whether the instruction is agreed or disputed.

Applies to

Jury instructions

Must include

legal authority citation

Each jury instruction must cite legal authority at the bottom.

The bottom of each instruction must identify the legal authority supporting the instruction.

Applies to

Jury instructions

Must include

proposed modifications, disputed instruction objections

Disputed jury instructions must include objection grounds and proposed modifications on same page.

If an instruction is disputed, the grounds for the objection (and any proposed modification or alternate instruction) must be concisely stated on the same page immediately following the disputed instruction.

Applies to

Final exhibit list

Must include

final exhibit list

Final exhibit list must be filed on docket at close of evidence.

In addition, parties are advised that at the close of evidence at trial they will be expected to file a final exhibit list on the docket.

Applies to

Settlement conference

Must include

attendance

Failure to attend settlement conference without authorization may result in monetary sanctions.

Counsel are cautioned that failure to attend a settlement conference without authorization may result in the imposition of monetary sanctions against them.

Applies to

Settlement conference

Must include

medicare conditional payment letter

Medicare conditional payment letter required if client received/will receive Medicare payments related to case.

Please consider whether your client has received or will be receiving conditional payments from Medicare to pay for treatment related to this case. If so, you must bring a conditional pay letter from Medicare to the settlement conference.

Applies to

Motion

Must include

certificate of conference

Uncontested agreed motions must include representation that motion is agreed and be captioned accordingly.

These motions must contain a representation by counsel that the motion is agreed and captioned as such.

Applies to

Trial exhibit list

Must include

exchange with opposing counsel

Trial exhibit lists must be exchanged 14 days before trial.

Exhibits will be premarked by the parties. In conformance with the Final Pretrial Order, each side shall prepare a trial exhibit list which is to be exchanged with opposing counsel 14 days prior to trial.

Applies to

Final pretrial order

Must include

exhibit objections

Objections to exhibits must be listed in the Final Pretrial Order.

Objections to exhibits shall be listed in the Final Pretrial Order. Exhibits not objected to in the Final Pretrial Order shall be admitted at trial.

Applies to

Rule 26f report

Must include

judge name, case number

Rule 26(f) report must include specific information about parties, jurisdiction, claims, and discovery.

In the Rule 26(f) report referenced above, please provide the following information:

Applies to

Summary judgment memorandum

Summary judgment memoranda must include facts section citing L.R. 56.1 statements.

All memoranda in support of, or in opposition to, motions for summary judgment must contain a statement of facts section citing to and supported by the pertinent L.R. 56.1 statements.

Applies to

Expert disclosure

Must include

rebuttal information

Rebuttal expert disclosures due 30 days before discovery cut-off.

Rebuttal information required by Fed. R. Civ. P. 26(a)(2) must be provided no later than 30 days before the discovery cut-off date, unless otherwise ordered.

Applies to

Protective order motion

Must include

specific description of protected material

Protective order materials must be specifically described, not marked at discretion.

All material sought to be protected should be described in sufficient detail to justify such protection (e.g., 'trade secrets,' 'personnel files,' etc.). Parties should not be given total discretion to mark whatever material they choose to be protected or kept confidential.

Applies to

Memorandum

The initial memorandum must address joinder under FRCP 20 and personal jurisdiction over each defendant.

Within 2 weeks of filing a 'Schedule A' case, plaintiff shall file a memorandum, not to exceed 10 pages addressing the following topics: a. Joinder. Plaintiff must demonstrate that defendants are properly joined under Federal Rule of Civil Procedure 20. b. Personal Jurisdiction. Plaintiff must demonstrate that this court can exercise personal jurisdiction over each defendant.

Applies to

Memorandum on default judgment

The memorandum must address whether defendants' addresses are known and, if not, the efforts to discover them.

In any 'Schedule A' case where defendants are located abroad, in accordance with the Hague Convention, before or upon filing a motion for default judgment, plaintiff shall file a memorandum, not to exceed five pages, addressing: a. whether the addresses of defendants are known; and b. if the addresses of defendants are not known, the efforts that plaintiff undertook to discover defendants' addresses.

Applies to

Pretrial order

Must include

judge name, case number

Final pretrial order required for all criminal jury trials before Judge Ellis.

In all criminal jury trials scheduled before Judge Ellis, the parties shall jointly prepare and submit a final pretrial order. In each case, the Court will set the date in advance of trial on which the parties must file the final pretrial order.

Applies to

Exhibit binder

Must include

exhibit list

Two sets of exhibit binders required one week before pretrial conference.

At least one week before the pretrial conference, the parties must provide the court with two sets of exhibit binders containing copies of the objected-to representative exhibits.

Applies to

Joint voir dire document

Must include

judge name, case number

Joint document required with proposed voir dire questions and objections.

The parties must file a joint document that includes both: (a) each party’s proposed voir dire questions; and (b) each party’s objections, if any, to the voir dire questions proposed by the other parties.

Applies to

Jury instructions

Must include

legal authority, agreement status, proponent identification +1 more

All jury instructions must be submitted with pretrial order; disputed instructions require grounds and proposed modifications.

The parties must submit all agreed and proposed jury instructions with the final pretrial order. Each proposed instruction must indicate the proponent of the instruction and whether the instruction is agreed or disputed. The bottom of each instruction must identify the legal authority supporting the instruction. If an instruction is disputed, the grounds for the objection (and any proposed modification or alternate instruction) must be concisely stated on the same page immediately following the disputed instruction. The party proposing the instruction may then state concisely the reasons supporting the instruction as proposed.

Applies to

Final pretrial conference

Must include

counsel authority, lead trial counsel attendance

Final pretrial conference 1-3 weeks before trial; lead counsel must attend with full authority.

A Final Pretrial Conference will be held approximately one to three weeks before trial. The purpose of this conference will be to avoid surprises and to simplify the trial. At the conference, the Court will address any pending motions in limine, objections to witnesses and exhibits, contested jury instructions, trial procedures, and scheduling matters. Lead trial counsel fully prepared and with authority to discuss all aspects of the case must attend.

Applies to

Voir dire questions

Must include

proposed voir dire questions, objections to voir dire questions

Parties must file joint document with proposed voir dire questions and objections.

The parties must file a joint document that includes both: (a) each party's proposed voir dire questions; and (b) each party's objections, if any, to the voir dire questions proposed by the other parties.

Applies to

Jury instructions

Must include

legal authority, agreement status, objection grounds +1 more

Jury instructions must include proponent, status, legal authority, and objections.

The parties must submit all agreed and proposed jury instructions with the final pretrial order. Each proposed instruction must indicate the proponent of the instruction and whether the instruction is agreed or disputed. The bottom of each instruction must identify the legal authority supporting the instruction. If an instruction is disputed, the grounds for the objection (and any proposed modification or alternate instruction) must be concisely stated on the same page immediately following the disputed instruction.

Applies to

Pretrial order

Must include

judge name, case number

Final pretrial order must include specified items and two courtesy copies to Court.

The final pretrial order (including the Court’s two courtesy copies) must include the following items:

Applies to

Settlement letter

Must include

caption, judge name, case number

Plaintiff's settlement letter must include claims summary, affirmative defenses, evidence summary, damages itemization, and settlement demand.

Plaintiff's counsel's letter shall set forth at least the following information: a. A brief summary of the claims asserted in the complaint and any counterclaim or third party complaint; b. If an answer has been filed, a brief summary of any affirmative defenses raised by defendant; c. A brief summary of the evidence and legal principles that plaintiff asserts will allow it to establish liability and defeat the affirmative defenses; d. An itemization of the damages plaintiff believes can be proven at trial and recovered from defendant, and a brief summary of the evidence and legal principles supporting those damages, including, without limitation, attention to proximate cause; e. A settlement demand that is less than total victory, recognizing the inherent risk of litigation;

Applies to

Settlement letter

Must include

caption, judge name, case number

Defendant's settlement letter must address plaintiff's points, provide counter-offer, and include helpful information.

Defendant's counsel's responsive letter shall set forth at least the following information: a. Any points in plaintiff's letter with which defendant agrees; b. Any points in plaintiff's letter with which defendant disagrees and the basis for that disagreement; c. A response to plaintiff's settlement demand and defendant's settlement counter-offer (again, less than total victory, recognizing the inherent risk of litigation); and d. Any additional information defendant believes would be helpful to the Court in assisting the parties to resolve the dispute.

Applies to

Settlement letter

Settlement letters should not be filed with the Clerk or on CM/ECF.

Do not file copies of these letters in the Clerk's Office or on the CM/ECF system.

Applies to

Initial status report

The initial status report must identify all attorneys of record (including lead trial attorney), describe the claims, identify major issues, and state the relief sought.

A. Identify (names and contact information) for all attorneys of record for each party, including the lead trial attorney. B. Briefly describe the nature of the claims asserted in the complaint and any counterclaims and/or third party claims. C. Briefly identify the major legal and factual issues in the case. D. State the relief sought by any of the parties.

Applies to

Initial status report

The initial status report must explain subject matter jurisdiction, including federal statutes, and if diversity/supplemental jurisdiction is asserted, address the amount in controversy and citizenship of all parties.

Explain why the Court has subject matter jurisdiction over the plaintiff(s)' claim(s). A. Identify all federal statutes on which federal question jurisdiction is based. B. If jurisdiction over any claims is based on diversity or supplemental jurisdiction: (1) State whether/why the amount in controversy exceeds the jurisdictional threshold or whether there is a dispute regarding the amount in controversy (and, if so, the basis of that dispute). (2) Identify the state of citizenship of each named party. ... The report must address whether there is diversity in any case in which pendent jurisdiction over state law claims is asserted, so that the Court may exercise informed discretion about whether to resolve such claims in the event that the federal question claims are resolved or dismissed.

Applies to

Initial status report

The initial status report must identify any defendants that have not been served.

Status of Service: Identify any defendants that have not been served.

Applies to

Initial status report

The initial status report must confirm that parties have been advised of consent to a Magistrate Judge and state whether they have consented.

Consent to Proceed Before a United States Magistrate Judge: Confirm that counsel have advised the parties that they may proceed before a Magistrate Judge if they consent whether individual parties have so consented.

Applies to

Initial status report

The initial status report must describe pending motions and state whether the defendant will answer or move, and counsel must be prepared to discuss the basis of any anticipated motion at the Initial Status Hearing.

Motions: A. Briefly describe any pending motions. B. State whether the defendant(s) anticipate responding to the complaint by filing an Answer or by means of motion. NOTE 3: If the latter, counsel should be prepared to discuss at the Initial Status Hearing the basis of the anticipated motion.

Applies to

Initial status report

The initial status report must propose a discovery plan (type, dates for disclosures, written discovery, fact and expert discovery, dispositive motions) and indicate whether a jury trial is requested and its probable length.

Case Plan: A. Submit a proposal for a discovery plan, including the following information: (1) The general type of discovery needed; (2) A date for Rule 26(a)(1) disclosures; (3) First date by which to issue written discovery; (4) A fact discovery completion date; (5) An expert discovery completion date, including dates for the delivery of expert reports; and (6) A date for the filing of dispositive motions. B. With respect to trial, indicate the following: (1) Whether a jury trial is requested; and (2) The probable length of trial.

Applies to

Initial status report

The initial status report must indicate whether settlement discussions occurred, describe their status, and state whether a settlement conference is requested.

Status of Settlement Discussions: A. Indicate whether any settlement discussions have occurred; B. Describe the status of any settlement discussions; and C. Whether the parties request a settlement conference.

Applies to

Pretrial order

Must include

witness list

Witnesses not listed in Pretrial Order are precluded from testifying without good cause.

Any witness not listed in the Pretrial Order will be precluded from testifying absent a showing of good cause, except that each party reserves the right to call such rebuttal witnesses (who are not presently identifiable as rebuttal witnesses) as may be necessary.

Applies to

Pretrial order

Must include

exhibit list

Exhibits not listed in Pretrial Order are excluded from evidence without good cause.

Any exhibit not listed in the Pretrial Order will be excluded from evidence absent a showing of good cause.

Applies to

Pretrial order

Must include

objections

Objections not in Pretrial Order are waived without good cause.

Objections not made in the Pretrial Order will be deemed waived absent a showing of good cause.

Applies to

Pretrial order

Must include

exhibit binders

Two exhibit binders required for objected-to deposition testimony and exhibits.

The parties must provide the Court with two exhibit binders containing the objected-to deposition testimony and exhibits.

Applies to

Exhibit bench book

Must include

exhibit list

Two bench books of exhibits required at or before trial start.

Two bench books of each party’s exhibits are to be delivered to the Court at or before the start of trial.

Applies to

Scheduling order

Parties must present proposed scheduling order within 7 days of Rule 26(f) conference.

In their conference pursuant to Fed. R. Civ. P. 26(f), the parties must discuss and address those matters found in the form scheduling order contained in LPR Appendix "A." A completed proposed version of the scheduling order is to be presented to the Court within seven (7) days after the Rule 26(f) conference or at such other time as the Court directs.

Applies to

Discovery schedule

Fact discovery starts after initial disclosures, ends 28 days after claim terms exchange, and resumes 42 days after claim construction ruling.

Fact discovery shall commence upon the date for the Initial Disclosures under LPR 2.1 and shall be completed twenty-eight (28) days after the date for exchange of claim terms and shall end forty-two (42) days after entry of the claim construction ruling.

Applies to

Disclosure

Must include

dated, signed, fr cp 11 compliance +1 more

All LPR disclosures must be dated, signed, and comply with FRCP 11 and 26(g).

All disclosures made pursuant to LPR 2.2, 2.3, 2.4, 2.5, 3.1, and 3.2 must be dated and signed by counsel of record (or by the party if unrepresented by counsel) and are subject to the requirements of Federal Rules of Civil Procedure 11 and 26(g).

Applies to

Initial disclosure

Must include

certificate of service

Initial disclosures must be exchanged within 14 days of answer/response, or 14 days after plaintiff's answer to counterclaim.

The plaintiff and any defendant that files an answer or other response to the complaint shall exchange their Initial Disclosures under Federal Rule of Civil Procedure 26(a)(1) ("Initial Disclosures") within fourteen (14) days after the defendant files its answer or other response, provided, however, if defendant asserts a counterclaim for infringement of another patent, the Initial Disclosures shall be exchanged within fourteen (14) days after the plaintiff files its answer or other response to that counterclaim.

Applies to

Initial disclosure

Must include

certificate of service

Patent infringement claimant must produce specific documents with initial disclosures.

A party asserting a claim of patent infringement shall produce or make the following available for inspection and copying along with its Initial Disclosures, to the extent they are in the party's possession, custody or control.

Applies to

Initial disclosure

Must include

certificate of service

Patent infringement defendant must produce specific documents with initial disclosures.

A party opposing a claim of patent infringement shall produce or make the following available for inspection and copying, along with its Initial Disclosures:

Applies to

Initial disclosure

Must include

certificate of service

Producing parties must identify documents by production number for each LPR category.

With respect to LPR 2.1 (a) and (b), each producing party shall separately identify by production number which documents correspond to each category of the corresponding LPR.

Applies to

Initial infringement contentions

Must include

certificate of service

Initial infringement contentions must be served within 14 days after initial disclosures.

A party claiming patent infringement must serve on all parties "Initial Infringement Contentions" containing the following information within fourteen (14) days after the Initial Disclosures under LPR 2.1:

Applies to

Claim construction hearing

Must include

exhibit list

Exhibits must be exchanged 3 days before claim construction hearing.

Any exhibits, including demonstrative exhibits, to be used at a claim construction hearing must be exchanged no later than three (3) days before the hearing.

Applies to

Expert report

Must include

certificate section

Amendments to expert reports presumptively prejudicial without good cause.

Amendments or supplementation to expert reports after the deadlines provided herein are presumptively prejudicial and shall not be allowed absent prior leave of court upon a showing of good cause that the amendment or supplementation could not reasonably have been made earlier and that the opposing party is not unfairly prejudiced.

Applies to

Exhibits

Must include

bench books

Two bench books of exhibits required for trial.

Two bench books of each party's exhibits are to be delivered to the Court at or before the start of the trial.

Applies to

Settlement conference

Must include

interpreter responsibility

Non-English speaking parties must provide their own interpreter.

If a party does not speak English, that party is responsible for an interpreter for the duration of the settlement conference.

Applies to

Settlement conference

Must include

real time interpretation

Interpreter must provide real-time word-for-word translation.

the interpreter must be able to translate word for word (real-time) during the settlement conference.

Applies to

Settlement conference

Must include

interpreter violation sanctions

Violating interpreter requirement may result in sanctions.

Sanctions will apply if this order is violated.

Applies to

Settlement conference

Must include

no recording, no photography, no rebroadcast

Settlement communications cannot be photographed, recorded, or rebroadcasted.

all communications with the Court on settlement, including the settlement conferences, ex parte calls, and hearings, whether by video, phone or in person, cannot be photographed, recorded, or rebroadcasted

Applies to

Settlement conference

Must include

recording violation sanctions

Violating recording prohibitions may result in sanctions.

Any violation of these prohibitions may result in sanctions deemed necessary by the Court.

Applies to

Settlement conference

Must include

attendance required, advance notice required

Failure to attend settlement conference without notice may result in monetary sanctions.

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.

Applies to

Settlement statement

Settlement statements are not to be filed on ECF and are not admissible as evidence.

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.

Applies to

Settlement conference

Must include

insurer representative with settlement authority

Insurer representatives with full settlement authority must attend settlement conference.

If a party requires approval by an insurer to settle, then a representative of the insurer with full and complete settlement authority must attend.

Applies to

Settlement conference

Must include

physical or video attendance

No telephone-only attendance allowed at settlement conference.

The Court will not permit a party, party representative, or an insurance representative merely to be available by telephone during the conference.

Applies to

Settlement conference

Must include

attendance required, full settlement authority required

Failure to attend or lack of full settlement authority may result in sanctions.

absent Court permission, failure to attend or attendance without full settlement authority may result in sanctions.

Applies to

Settlement conference

Must include

video on camera

All parties must be on camera for video settlement conferences.

If the settlement conference is by videoconferencing technology, all parties are required to be on camera.

Applies to

Settlement conference

Must include

no cell phone use

Cell phone use prohibited for settlement conference attendance.

The Court will not allow any counsel or party to appear using a cell phone.

Applies to

Settlement conference

Must include

computer or tablet required

Participants must use computer/tablet or be with someone who has one.

All participants must use a computer or tablet or be in the same room as someone with a computer or tablet.

Applies to

List of exhibits entered previous day

Before the start of each trial day, counsel must provide the courtroom deputy with a list of exhibits entered the previous day.

Prior to the start of any trial day, counsel shall provide the courtroom deputy with a list of exhibits entered the previous day.

Applies to

Attorney certification

Each attorney must sign an Attorney Certification before electronic exhibits are released to the jury through JERS.

At the end of the trial and prior to the electronic exhibits being released for the jury through JERS, each attorney must sign an Attorney Certification verifying that the exhibits contained in JERS are exact replicas of what was admitted in evidence.

Applies to

List of exhibits released to jury

At the conclusion of trial, counsel must provide the courtroom deputy with a list of exhibits to release to the jury through JERS.

At the conclusion of trial, counsel will provide the courtroom deputy with a list of exhibits to release to the jury through JERS

Applies to

List of paper and physical exhibits

Where appropriate, counsel must also provide a second list of paper and physical exhibits to be made available during deliberations.

At the conclusion of trial, counsel will provide the courtroom deputy with a list of exhibits to release to the jury through JERS, and with a second list, where appropriate, of any paper and physical exhibits to be made available during deliberations.

Applies to

Exhibit

Must include

exhibit list

Physical objects must be assigned exhibit numbers and described in a one-page PDF for JERS submission.

One last thing: a physical object, of course, will not be imported into JERS, but you should still assign a consecutively numbered exhibit designation to it, along with a neutral description. Then create a one-page .pdf with the exhibit number and neutral description on it, and submit those exhibits as part of the JERS disc.

Applies to

Exhibit

Must include

exhibit list

Use JERS exhibit-naming convention at pretrial conference; supply exhibits on USB/DVD/CD at least 3 business days before.

In order to maintain consistency in the record, you must use the JERS exhibit-naming convention even at the pretrial-conference stage (please refer to Judge Kennelly's Standing Order Governing Proposed Pretrial Orders for more detail). At least three business days before the pretrial conference, supply the exhibits to the Court (and to the other side) on a USB drive, DVD, or CD.

Applies to

Exhibit

Must include

exhibit list

Do not renumber exhibits after pretrial conference, even if some are deemed inadmissible.

After the pretrial conference, do not renumber the exhibits, even if during the pretrial conference the Court deemed some of them inadmissible. This will preserve consistency of exhibit numbering from the pretrial conference and throughout trial, and the record will be clearer.

Applies to

Exhibit

Must include

exhibit list

Supply trial exhibits to courtroom deputy and opposing side on USB/DVD/CD at least 3 business days before trial.

At least three business days before the trial, supply the trial exhibits to the courtroom deputy and to the other side, again on a USB drive, CVD, or CD.

Applies to

Exhibit

Must include

exhibit list

Newly admitted trial exhibits must follow JERS naming convention and be supplied digitally as soon as possible.

When an exhibit is allowed into evidence during trial and the exhibit was not previously supplied on the JERS disc, not surprisingly the exhibit must follow the same exhibit-naming convention as described above. Counsel for the offering party must supply the exhibit in digital format as soon as possible (a thumb drive comes in handy for this), and the courtroom deputy will import it into JERS.

Applies to

Exhibit

Must include

exhibit list

Provide CD/flash drive with exhibits for jury deliberations before closing arguments; all parties sign certification.

Before closing arguments, the lawyers will provide a CD or flash drive containing only the exhibits to be released on JERS to the jury for deliberations. We'll confer on the record to ensure agreement on which exhibits were allowed into evidence during the trial. All parties will sign a 'certification' that these exhibits should be released to the jury.

Applies to

Exhibit

Must include

exhibit list

Provide single hard copy of each admitted exhibit as fail-safe for jury deliberations.

As indicated above, for now, you will need to provide a single hard copy of each exhibit admitted in evidence as a fail-safe to provide to the jury for its use during deliberations.

Applies to

Proposed pretrial order

Must include

signature, electronic signature

Proposed Pretrial Order must be electronically signed by all counsel.

The Proposed Pretrial Order must be signed (electronically) by counsel for each party.

Applies to

Settlement statement

Must include

client distribution

Counsel must provide settlement statements to clients before conference.

All counsel are required to provide the full set of the settlement statements to their clients to read prior to the conference.

Applies to

Settlement conference

Must include

personal appearance

Parties with settlement authority must personally attend entire conference.

Individuals with full and complete settlement authority on behalf of the parties are ordered to personally participate in the entire settlement conference.

Applies to

Settlement conference

Must include

sanctions for non attendance

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.

Applies to

Settlement agreement

Must include

binding on parties, material terms detailed

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.

Applies to

Final pretrial order

Must include

judge name, case number

Trial attorneys and counsel table attendees must be listed with contact information.

A list of the attorneys trying the case, including business addresses and telephone numbers. A list of the names of all people who will be sitting at counsel table, including parties, consultants, legal and technical assistants, etc., should also be provided.

Applies to

Final pretrial order

Witness lists must categorize witnesses into three groups: will call, may call, and deposition testimony.

Separate lists for plaintiff and defendant providing the names of witnesses, including expert witnesses, divided into the following three categories: (a) witnesses who will be called to testify at trial; (b) witnesses who may be called to testify at trial; and (c) witnesses whose testimony a party will present by deposition or other prior testimony (indicating whether the presentation will be by reading a transcript or playing a video).

Applies to

Final pretrial order

Exhibit lists must include exhibit number, date, description, objections, and admissibility basis.

A list by each side of all exhibits the party will definitely use at trial, including the following: (a) the exhibit number or letter for each document; (b) the date of the document; (c) a brief description of the document; (d) whether there is an objection to admission of the document and, if so, a concise statement of the basis for the objection (e.g., Rule 402—relevance; Rule 403—undue prejudice or confusion); and (e) a concise statement of the asserted basis of admissibility, if there is an objection.

Applies to

Motion in limine

Must include

thorough briefing

Motions in limine must be thoroughly briefed with court-set schedule.

The motions in limine must be briefed as thoroughly as possible (the Court will set a briefing schedule in each case).

Applies to

Joint pretrial statement

Must include

notice of electronic filing

Joint Pretrial Statement must be filed on docket and emailed to Judge Fuentes in MS Word format.

The parties shall file on the docket a Joint Pretrial Statement with the following items, and also email the complete Statement to Judge Fuentes’s Proposed Order email account in MS Word format:

Applies to

Witness list

Must include

notice of electronic filing

Witness lists must be filed same day as Joint Pretrial Statement and emailed to Judge Fuentes in MS Word format.

On the same date as the Joint Pretrial Statement, each party shall file a list of witnesses (and email an MS Word version to Judge Fuentes’s Proposed Order email account), including expert witnesses, divided into (a) witnesses who will be called; and (b) witnesses who might be called.

Applies to

Exhibit chart

Must include

notice of electronic filing

Exhibit charts must be filed same day as Joint Pretrial Statement with specific required elements.

Each party must file an exhibit chart on the same date as the Joint Pretrial Statement. The charts must state the following: (a) the exhibit number; (b) the date of the document or exhibit, if applicable; (c) a concise, neutral description of the exhibit; (d) a concise statement of the exhibit’s relevance; and (e) whether there is an objection to the exhibit’s admission, and if so, a concise explanation of the objection.

Applies to

Pretrial order

Must include

notice of electronic filing

Proposed Pretrial Order must be filed on ECF docket.

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.

Applies to

Settlement statement

Must include

exhibits

Exhibits to settlement statements must be attached to email or shared via file sharing service.

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.

Applies to

Settlement statement

Settlement statements are not filed on ECF and are not part of court record or admissible as evidence.

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.

Applies to

Settlement conference

Must include

notice

Failure to attend settlement conference without notice may result in monetary sanctions.

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.

Applies to

Copy of confidential document

Must include

local rule certificate

Copies of documents marked CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER must bear the same marking, except for indices/databases/lists that do not disclose confidential substance.

Any copies that are made of any documents marked “CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER” must also be so marked, except that indices, electronic databases or lists of documents that do not show substantial portions or images of the text of marked documents and do not otherwise disclose the substance of the Confidential Information are not required to be marked.

Applies to

Confidential designation

Must include

local rule certificate

Designating a document as Confidential Information constitutes a certification by the attorney or pro se party that the document meets the order's definition.

The designation of a document as Confidential Information is a certification by an attorney or a party appearing pro se that the document includes Confidential Information as defined in this order.

Applies to

Deposition testimony

Must include

local rule certificate

Deposition testimony is protected under this Order only if designated CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER on the record when taken, with specific portions identified.

Deposition testimony is protected by this Order only if designated as “CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER” on the record at the time the testimony is taken. Such designation must be specific as to the portions that include Confidential Information.

Applies to

Deposition testimony

Must include

local rule certificate

Absent party agreement on the record, all deposition testimony is presumptively confidential until 14 days post-transcript delivery or 60 days post-testimony, whichever is earlier.

Unless all parties agree on the record at the time the deposition testimony is taken, all deposition testimony taken in this case shall be treated as Confidential Information until the expiration of the following: no later than the 14th day after the transcript is delivered to any party or the witness, and in no event later than 60 days after the testimony was given.

Applies to

Protective order

Must include

local rule certificate

Parties must choose either Alternative A or B for deposition confidentiality and delete the unselected alternative and footnote.

The parties must select one Alternative for handling deposition testimony and delete the other alternative and this footnote.

Applies to

Ai disclosure certification

Must include

ai disclosure

Use of private LLM or AI platforms requires disclosure of intent to use and confirmation that data will not train public models or be retained beyond litigation.

Privately licensed and secure LLM or AI platforms may be used with industry standard data security provisions only if the person or entity authorized to have access to Confidential Information under the terms of this Order discloses that it plans to use the LLM or AI platform and has ensured the documents or data will not be used to train public models, will not be used to train AI products or tools being used for purposes other than this litigation, and otherwise will not be made accessible to other users of the LLM or AI platform. The person or entity authorized to have access to or AI platform used does not incorporate such documents or data into their training datasets or model parameters or retain such documents or data beyond the conclusion of this litigation.

Applies to

Motion

Must include

certificate of conference

Motions challenging confidentiality designation must include a declaration affirming compliance with meet and confer.

Each such motion must be accompanied by a competent declaration that affirms that the movant has complied the designating party.

Applies to

Motion

Applications for orders relating to Confidential Information must be made by motion.

Applications to the Court for an order relating to materials or documents designated Confidential Information must be by motion.

Applies to

Pretrial order

Witnesses not on the witness lists are barred from testifying unless the proponent shows good cause for the failure to disclose.

Witnesses who are not on the lists are barred from testifying unless the proponent shows good cause for the failure to disclose the witness.

Applies to

Settlement conference

Must include

attendance with full settlement authority

Parties with full settlement authority must attend settlement conference.

Parties with full settlement authority are required to attend the conference. If a party is an individual, that individual must attend. If a party is a corporation or governmental entity, a representative of that corporation or governmental entity (in addition to counsel of record) with full settlement authority must attend.

Applies to

Initial status hearing

Must include

principal attorney presence

Principal attorney must attend initial status hearing in person; out-of-district attorneys may request telephonic appearance.

the attorney for each party with principal responsibility for the case shall be personally present and prepared to discuss all aspects of the case. If the principal attorney’s office is outside the Northern District of Illinois, that attorney may seek leave to be present by telephone, but local counsel must be present in person.

Applies to

Pretrial order

Must include

title, case caption, amendment clause +2 more

Pretrial Order must be filed on CM/ECF with specific cover page requirements.

Following the meet-and-confer process, it is responsibility of plaintiff’s counsel, with full cooperation from defendant’s counsel, to assemble the Pretrial Order for submission. The Pretrial Order should be submitted filed on the CM/ECF system with a cover page setting for the case caption and the title FINAL PRETRIAL ORDER. The cover page must: (a) recite that each of the foregoing categories of materials is included; (b) must state that “This Order will control the course of the trial and may not be amended except by consent of the parties, or by order of the Court to prevent manifest injustice;” and (c) must be signed by counsel for each of the parties and contain a space for the Judge Gilbert’s signature.

Applies to

Motion in limine

Must include

meet and confer statement

Motions in limine must include meet-and-confer statement.

Any motion in limine filed by a party must be accompanied by a statement that the party has conferred with the opposing party and has that the opposing party actually intends to offer the evidence that the movant seeks to exclude.

Applies to

Settlement letter

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.

Applies to

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.

Applies to

Pretrial order

Each side is limited to 10 proposed disputed voir dire questions.

Each side is limited to 10 proposed disputed questions.

Applies to

Pretrial order

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.

Applies to

Proposed final 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.

Applies to

Jury instructions and verdict forms

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.

Applies to

Joint status report

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.

Applies to

Final pretrial order

Final Pretrial Order must be submitted 14 days before trial date.

The parties shall jointly prepare and submit a Final Pretrial Order with the below-listed items to Judge Holleb Hotaling’s courtroom deputy or to Chambers no later than fourteen (14) days prior to the trial date.

Applies to

Settlement conference

Must include

court order compliance

Settlement conference date can only be changed by motion; letter exchange deadlines are court orders requiring chambers approval for amendments.

After the pre-settlement conference phone call, the Court will enter a minute order specifying the settlement conference date and the appropriate dates for settlement letters to be exchanged. Once the date for a settlement conference is set, that date can only be changed by motion. Similarly, failure to comply with the schedule for exchange of settlement letters will be viewed as a violation of a court order; counsel cannot agree to amend the letter exchange deadlines amongst themselves but must contact Chambers to seek any amendment to the schedule.

Applies to

Settlement letter

Must include

judge name, case number

Settlement demands/offers must be realistic and compromise from prior positions; punitive damages excluded from demands.

Plaintiffs are directed to include a demand that is not what plaintiff expects to win at trial, but a number that takes into account the risk of loss. If a demand includes multiple components, plaintiffs are directed to include a single lump-sum settlement demand amount, and a breakdown of any itemized amounts, including attorneys’ fees. Punitive damages are not appropriate to include in a settlement demand; a plaintiff may note they would seek punitive damages at trial, but that amount is not to be included as part of the demand during the settlement process. Similarly, defendants are expected to offer a number that does not assume zero liability. The Court views both a full-win demand and a zero offer as non-starting bargaining positions; these are not acceptable positions for a settlement letter.

Applies to

Settlement letter

Must include

certificate of service

Parties must be willing to negotiate from their written settlement positions; no standing on initial demands/offers.

The parties also must be prepared to further negotiate from their written demands or offers. In other words, a party may not stand upon the demand or offer included in its written submissions to the Court but must be willing to meaningfully compromise from that position after submitting it. If there is no willingness to negotiate, there is no work for the mediator to perform.

Applies to

Settlement letter

Must include

judge name, case number

Settlement letters must include history of all prior demands/offers with dates; non-compliant letters may be rejected.

Your settlement letter should reiterate the history (including dates) of all prior demands/offers made in the case, if any. The Court may reject letters that do not comply with this rule.

Applies to

Settlement letter

Must include

judge name, case number

Settlement positions must be compromised from prior positions; compromise must be monetary, not just removal of non-monetary terms.

The number in a party’s letter must not merely reiterate a demand/offer made in the past, but it must be compromised from that prior position; the compromise must be monetary, not just the removal of a non-monetary term.

Applies to

Settlement conference

Must include

attendance

Parties with settlement authority must attend settlement conference in person.

Parties with ultimate settlement authority must be personally present absent explicit advance approval from Judge Holleb Hotaling.

Applies to

Settlement conference

Must include

insured party representative

Insured parties must bring insurer representative with settlement authority.

An insured party shall appear with a representative of the insurer who is authorized to negotiate, and who has authority to settle the matter up to the limits of the opposing parties’ existing settlement demand.

Applies to

Settlement conference

Must include

corporate party representative

Uninsured corporate parties must bring authorized representative with settlement authority.

An uninsured corporate party shall appear by a representative authorized to negotiate, and who has authority to settle the matter up to the amount of the opposing parties’ existing settlement demand or offer.

Applies to

Settlement conference

Must include

in person attendance

Telephone participation is not acceptable for settlement conference.

Having a client with authority available by telephone is not an acceptable alternative.

Applies to

Settlement conference

Must include

interpreter

Non-English speaking parties must provide interpreter for settlement conference.

If a party does not speak English, that party is responsible for an interpreter for the duration of the settlement conference.

Applies to

Settlement conference

Must include

real time translation

Interpreter must provide real-time word-for-word translation.

Please note: the interpreter must be able to translate word for word (real-time) during the settlement conference.

Applies to

Settlement conference

Must include

individual parties

Individual parties must personally participate unless court grants leave.

Absent agreement of the parties and leave of court, if a party is an individual, that individual must personally participate.

Applies to

Settlement conference

Must include

insurer representative

Insurer representative must attend with settlement authority if funds involved.

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.

Applies to

Settlement statement

Must include

chambers copy

Settlement statements must be emailed to court on same day as 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.

Applies to

Settlement statement

Settlement statements must not be filed on ECF.

The parties' settlement statements are not to be filed on ECF,

Applies to

Settlement statement

Must include

full set

Counsel must provide full settlement statements to clients before conference.

All counsel are required to provide the full set of the settlement statements to their clients to read prior to the conference.

Applies to

Settlement conference

Must include

settlement authority individuals

Settlement authority individuals must personally attend entire conference.

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.

Applies to

Settlement conference

Must include

authorized representative

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.

Applies to

Settlement conference

Must include

in person participation

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).

Applies to

Settlement letter

Must include

legal basis, ratification requirements

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.

Applies to

Initial status conference

Must include

attorney with substantial familiarity

Attorney with substantial familiarity must appear at initial status conference.

For represented parties, an attorney with substantial familiarity with and responsibility for the case shall appear at the initial status conference.

Applies to

Initial status conference

Must include

pro se attendance

Pro se parties must attend initial status conference.

Pro se parties must attend the initial status conference.

Applies to

Pretrial order

Must include

proposed findings conclusions

Proposed findings and conclusions must be in Word format and submitted both in written Pretrial Order and electronically.

Proposed findings of fact and conclusions of law are to be in Word and included both in the written Pretrial Order and in electronic form (emailed to the Proposed Order box).

Applies to

Pretrial order

Must include

jury instructions

Proposed jury instructions must be in Word format and submitted both in written Pretrial Order and electronically.

For a jury trial, proposed jury instructions are to be in Word and included both in the written Pretrial Order and electronic form (emailed to the Proposed Order Box).

Applies to

Pretrial order

Agreed jury instructions must be marked as agreed and numbered consecutively.

Agreed proposed instructions should be marked as such and shall be numbered consecutively.

Applies to

Pretrial order

Disputed jury instructions must be numbered, identify proponent, and include supporting authority.

Proposed instructions that are not agreed shall be numbered, shall identify the proponent of the instruction, and shall include supporting authority.

Applies to

Pretrial order

Objections to proposed jury instructions must be in writing and include supporting authority.

Objections to any proposed instructions must be set forth in writing and shall include supporting authority.

Applies to

Pretrial order

Must include

trial brief

Trial briefs required for bench trials; rarely accepted for jury trials without prior motion or court order.

Trial briefs are required as part of the Pretrial Order in bench trials. Ordinarily, Judge Weisman will not accept trial briefs in a jury trial, unless he has granted a prior motion to file such a brief or ordered the filing of a trial brief sua sponte.

Applies to

Pretrial order

Plaintiff's counsel must provide Pretrial Order draft to defendant's counsel 21 days before due date.

Plaintiff's counsel has the responsibility to prepare the initial draft of the Pretrial Order and must provide a draft to defendant's counsel no later than twenty-one days before the date the Pretrial Order is due.

Applies to

Pretrial order

Must include

title, caption, judge name +1 more

Pretrial Order must be filed on CM/ECF with specific cover page requirements.

The Pretrial Order should be filed on the CM/ECF system with a cover page with the case caption and the title FINAL PRETRIAL ORDER. The cover document must: (a) recite that each of the foregoing categories of materials is included, (b) state that “This Order will control the course of trial and may not be amended except by consent of the parties, or by order of the Court to prevent manifest injustice,” and (c) provide spaces for the signature of counsel for each of the parties and the Court.

Applies to

Settlement position statement

Must include

email submission

Settlement statements must be emailed to specific chambers address.

The parties are required to submit their statements to the Court by e-mail. All settlement correspondence should be sent to: Settlement_Correspondence_Schneider@ilnd.uscourts.gov.

Applies to

Settlement conference letter

Must include

certificate of conference

Settlement conference communications are confidential under multiple rules and must be treated as such.

The settlement conference letters required by this Order and the settlement conference are governed by Local Rule 83.5 relating to Revised June 8, 2017 Confidentiality of Alternative Dispute Resolution Proceedings. Settlement communications are confidential, including settlement conference letters and statements made during the settlement conference. These communications are confidential under Federal Rule of Evidence 408, as well as Western Division ADR Local Rule 4-10. The communications are also “confidential” in the generic, common understanding of the word. The Court expects the parties to address each other with courtesy and respect, but also to speak frankly and openly about their views of the case.

Applies to

Settlement conference

Must include

personal attendance

Parties with settlement authority must personally attend settlement conference.

Individuals with full and complete settlement authority on behalf of the parties are ordered to personally attend the conference. An insured party shall appear with a representative of the insurer who is authorized to negotiate and who has authority to settle the case. If a party is an individual, that individual must personally attend. If a party is an

Applies to

Settlement conference

Must include

in person attendance

Telephone attendance is prohibited except in extraordinary circumstances with prior court approval; non-compliance results in fee sanctions.

Having a client or representative with authority available by telephone 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). Because the Court generally sets aside several hours for each conference, it is impossible for a party who is not present to appreciate the process and the reasons that may justify a change in one’s perspective towards settlement. 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.

Applies to

Settlement letter

Must include

liens disclosure, litigation funding disclosure

Settlement letters must disclose liens or litigation funding sources.

The parties’ letters must disclose the existence of any liens or private litigation funding sources.

Applies to

Settlement letter

Must include

discovery exhibits

Discovery audio/video/photos relevant to liability/damages must be submitted with settlement letters.

If audio, video, or photographs have been produced in discovery and are relevant to liability or damages, they must be submitted with the settlement letter(s).

Applies to

Settlement letter

Must include

client copy

Counsel must provide settlement letters to clients before conference.

Counsel shall provide copies of both parties’ settlement letters to their respective clients prior to the settlement conference date.

Applies to

Extension request

Must include

written motion

Extension requests for letter schedule must be by written motion.

Any requests to extend the letter schedule must be submitted by written motion.

Applies to

Settlement letter

Settlement letters must be in good faith; demands for full recovery or zero offers may result in amended letter or closed referral.

Settlement letters should reflect each party’s good faith efforts to settle the case, and the Court generally believes that settlement demands seeking full recovery and settlement offers of no value are not made in good faith. If a party’s letter does not meet the good faith standard, the party may be asked to submit an amended letter, or the settlement referral may be summarily closed.

Applies to

Attorneys only conference

Must include

single attorney designation

Only one lawyer per side may actively participate in Attorneys-Only conferences; others must be muted with camera off.

If one is set in your case, you are to designate one lawyer from each side to participate; the remote appearance of multiple lawyers is unworkable. If any other lawyers appear in the meeting, they must be muted, with their camera turned off.

Applies to

Motion

Must include

local rule certificate

Modifications to standing order procedures require motion; no telephonic requests accepted.

A PARTY WISHING TO VARY ANY OF THE PROCEDURES SET FORTH IN THIS STANDING ORDER MUST MAKE AN APPROPRIATE REQUEST TO THE COURT BY MOTION. NO MODIFICATIONS MAY BE MADE THROUGH TELEPHONIC REQUESTS TO CHAMBERS STAFF.

Applies to

Trial exhibits

Must include

chambers copy

Supply trial exhibits on USB/DVD/CD to court operations specialist and opposing side 5 business days before trial.

Five business days before the trial, supply the trial exhibits to the Court’s operations specialist and to the other side, again on a USB drive, CVD, or CD.

Applies to

Newly admitted exhibits

Must include

digital format, timely submission

Newly admitted trial exhibits must be supplied in digital format as soon as possible.

Counsel for the offering party must supply the exhibit in digital format as soon as possible (a thumb drive comes in handy for this), and the operations specialist will import it into JERS.

Applies to

Settlement letter

Each party must submit one settlement position letter, exchanged with the other party and submitted to the Court.

The Court requires one letter from each party: a settlement position letter addressed to and exchanged with the other party and submitted to the Court.

Applies to

Discovery material

To designate a document as Confidential Information, parties must affix the marking “CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER” to the document and all copies without obscuring legibility.

A party may designate a document as Confidential Information for protection under this Order by affixing the words “CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER” on the document and on all copies in a manner that will not interfere with the legibility of the document.

Applies to

Discovery material

Parties may not designate publicly available information or documents as Confidential Information under this Order.

The producing party may not designate information or documents that are available to the public as Confidential Information.

Applies to

Copy of confidential document

Copies of documents marked as confidential under the protective order must bear the same marking, with exceptions for indices and lists that do not disclose confidential substance.

Any copies that are made of any documents marked “CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER” must also be so marked, except that indices, electronic databases or lists of documents that do not show substantial portions or images of the text of marked documents and do not otherwise disclose the substance of the Confidential Information are not required to be marked.

Applies to

Confidential designation

Designating a document as Confidential Information constitutes a certification by the attorney or pro se party that the document meets the order's definition of Confidential Information.

(b) The designation of a document as Confidential Information is a certification by an attorney or a party appearing pro se that the document includes Confidential Information as defined in this order.

Applies to

Deposition testimony designation

Deposition testimony is protected under the order only if designated with the confidential marking on the record at the time of testimony, with the designation specifying the confidential portions.

Deposition testimony is protected by this Order only if designated as “CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER” on the record at the time the testimony is taken. Such designation must be specific as to the portions that include Confidential Information.

Applies to

Deposition testimony

Unless all parties agree on the record at the time of deposition, all deposition testimony is treated as confidential until 14 days after transcript delivery or 60 days after testimony, whichever is earlier.

Unless all parties agree on the record at the time the deposition testimony is taken, all deposition testimony taken in this case shall be treated as Confidential Information until the expiration of the following: no later than the 14th day after the transcript is delivered to any party or the witness, and in no event later than 60 days after the testimony was given.

Applies to

Motion

Must include

certificate of conference

Motions to challenge confidentiality designation must include a competent declaration affirming compliance with meet and confer.

Each such motion must be accompanied by a competent declaration that affirms that the movant has complied the designating party.

Applies to

Motion

All applications to court relating to Confidential Information must be made by motion.

Applications to the Court for an order relating to materials or documents designated Confidential Information must be by motion.

Applies to

Pretrial memorandum

Parties must notify court of intent to use Confidential Information at trial via motion or pretrial memorandum without disclosing the information.

A party that intends to present or that anticipates that another party may present Confidential information at a hearing or trial must bring that issue to the Court’s and parties’ attention by motion or in a pretrial memorandum without disclosing the Confidential Information.

Applies to

Motion

Plaintiffs in utility patent TRO or preliminary injunction motions should not seek asset restraints unless the ABC Prods. order does not apply.

In any motion for a temporary restraining order or preliminary injunction in a utility patent case, plaintiff should not seek an asset restraint unless it can show that the Court’s order in ABC Prods. v. Individuals, Corps., Ltd. Liab. Companies, Partnerships, & Unincorporated Associations Identified on Attached Schedule A, 2024 WL 1549784, at *6 (N.D. Ill. Jan. 9, 2024) does not apply.

Applies to

Motion

In utility patent cases, plaintiffs should not seek asset restraints unless ABC Prods. does not apply.

In any motion for a temporary restraining order or preliminary injunction in a utility patent case, plaintiff should not seek an asset restraint unless it can show that the Court's order in ABC Prods. v. Individuals, Corps., Ltd. Liab. Companies, Partnerships, & Unincorporated Associations Identified on Attached Schedule A, 2024 WL 1549784, at *6 (N.D. Ill. Jan. 9, 2024) does not apply.

Applies to

Exhibits

The objecting party must provide copies of objected-to exhibits unless parties agree otherwise.

Unless the parties agree otherwise, the party that is objecting to an exhibit is responsible for providing the copy of the objected-to exhibit.

Applies to

Motion

Santiago motions must specifically identify the offered statements for briefing and analysis.

Santiago motions must be specific in identifying the offered statements, so that the parties may brief, and the Court may analyze, the propriety of each statement.

Applies to

Jury instructions

Proponent of a disputed instruction should concisely explain its basis if needed beyond legal authority.

If an instruction is disputed, the proponent of the instruction should concisely explain the basis for the instruction, if more explanation is required beyond the identified legal authority (often citing to the Pattern or to a case will be explanation enough).

Applies to

Verdict form

The same requirements for jury instructions apply to proposed verdict forms.

The same principles apply to proposed verdict forms.

Applies to

Exhibit

Must include

coordination with co parties

Multiple parties on same side must coordinate exhibit numbering.

If there are multiple parties on a particular side, then you must coordinate with your co-plaintiff’s or co-defendant’s attorney to generate a consecutively numbered set of exhibits.

Applies to

Exhibits

Must include

exhibit list

Supply one paper copy of exhibits as backup to JERS in case of technical failure during deliberations.

For now, also supply one copy of the exhibits in paper form (hopefully soon we’ll be able to dispense with this requirement, when we have increased confidence in JERS). This paper set will serve as the backup to JERS, in the event that JERS suffers a technical failure during deliberations.

Applies to

Exhibits

Must include

exhibit list

If JERS fails during deliberations, jury requests help in writing; systems staff requires court permission and jury must be escorted out; paper backup provided if not quickly fixable.

If JERS fails during deliberations, the jury will ask for help in writing. The systems staff will not be permitted in the jury room without the Court’s express permission, and only after the jury has been escorted out of the jury room. If the problem is not fixable in a short time, the Court will provide the jury with the paper-copy backup of the allowed exhibits.

Applies to

Final pretrial order

Parties displaying exhibits to the jury must provide sufficient copies for all jurors or use an enlargement or projection.

Exhibits to be displayed to jury. If any exhibit is to be displayed to the jury, the party intending to display the exhibit must make sufficient copies for all jurors or must use an enlargement or projection of the exhibit.

Applies to

Jury instructions

At trial, parties must email their joint set of jury instructions incorporating the court's changes.

Electronic submission. At trial, the parties shall submit via email their joint set of jury instructions which incorporates the court's c hanges.

Applies to

Trial brief

Trial briefs will not be accepted unless the court grants prior leave.

Trial briefs are not expected by the court and will not be accepted absent prior leave of court.

Applies to

Exhibit chart

Do not over-designate exhibits to avoid wasting Court time.

Do not over-designate exhibits, because the Court will examine exhibits one-by-one in advance of and/or during the Pre-Trial Conference, and plainly inadmissible exhibits will needlessly consume time.

Applies to

Exhibit chart

Objections must be in good faith; frivolous objections waste Court time.

A party must limit the objections to only good-faith objections. Frivolous and boilerplate objections will waste time, because in preparation for the Pre-Trial Conference, the Court will review, as much as possible, the exhibits and the objections.

Applies to

Backup system

Must include

paper copy backup, wiped laptop no internet

Backup laptop and paper copies provided if JERS system fails or setup time insufficient.

If such delays are occurring—or if the timing of the close of evidence is such that the Court’s Courtroom Deputy does not have sufficient time to set up or test the JERS system—the Court will instead provide the jury with a wiped laptop with no internet connection from which they can access the admitted exhibits included on the updated USB Key/Thumb Drive provided by the parties. The Court will also give the jury the paper-copy backup of the admitted exhibits.

Applies to

Motion in limine

Motions memorializing non-objections must state there is no objection.

If there is no objection to a motion, but the movant wishes to file a motion memorializing the non-objection, then the motion must state that there is no objection.

Applies to

Pretrial order

Must include

objections

Objections to motions in limine, jury instructions, and voir dire questions may be waived if not timely filed.

Objections to motions in limine, jury instructions, and proposed voir dire questions MAY BE DEEMED WAIVED if not timely filed.

Applies to

Supplemental filing

Must include

certificate of service

Supplement to federal jurisdiction statement must be filed within 14 days of any change.

NOTE 2: A supplement to the statement of the basis for federal jurisdiction shall be filed within 14 days of any change in the information provided in the Initial Status Report.

Applies to

Initial status report

Must include

certificate of service

Patent cases must follow Local Patent Rules schedule.

For patent cases, the proposed schedule should follow the schedule set forth in the Local Patent Rules.

Applies to

Trial preparation

Must include

witness availability

Ensure sufficient witnesses are available to use the full trial day.

In order to respect the jury's time, always have enough witnesses available so that we make use of the full trial day.

Applies to

Witness instruction

Must include

witness wait for objection resolution

Witnesses must not answer questions while objection is pending.

Before trial, counsel should instruct their witnesses not to answer a question when they see the opposing lawyer stand and while an objection is pending.

Applies to

Objection

Objections and responses must be short and non-argumentative.

You must state a short, non-argumentative basis for the objection (e.g., relevance, hearsay), and responses must be similarly short and non-argumentative.

Applies to

Exhibit

Must include

coordination with co parties

Multiple parties on same side must coordinate to create consecutively numbered exhibits.

If there are multiple parties on a particular side, then you must coordinate with your co-plaintiff’s or co-defendant’s attorney to generate a consecutively numbered set of exhibits.

Applies to

Trial brief

Must include

leave of court

Trial briefs not required in jury trials; leave of court required to file.

Judge Shah does not require trial briefs in jury trials. Parties who wish to file a trial brief must seek leave of court to do so.

Applies to

General

Counsel must read professional conduct rules, especially Rule 3.6 on trial publicity.

All Counsel are to read and familiarize themselves with the Rules of Professional Conduct of the Northern District of Illinois Local Rule 83.50, and in particular ABA Model Rule 3.6 on trial publicity. Cases will not be tried in the news media and the court will insure the rights of the defendant and the government to a fair trial.

Applies to

General

Must include

local rule certificate

Counsel must read NDIL Rules of Professional Conduct and ABA Model Rule 3.6.

All counsel are to read and familiarize themselves with the Rules of Professional Conduct of the Northern District of Illinois, Local Rule 83.50, and in particular ABA Model Rule 3.6 on trial publicity.

Applies to

General

Must include

local rule certificate

Counsel must be familiar with Local Rules of the District.

Counsel are expected to be familiar with the Local Rules of this District.

Applies to

Initial status report

The initial status report must not provide the particulars of any settlement demands or offers.

NOTE 4: Do NOT provide the particulars of any demands/offers that have been made.

Applies to

Briefing

A plaintiff proposing a bond or security amount must explain in its briefing why that amount is proper based on potential costs and damages from a wrongful injunction.

If a plaintiff has proposed a bond or security amount, that plaintiff must include in its briefing an explanation as to why the amount is proper based on the costs and damages that may be sustained by any party found to have been wrongfully enjoined or restrained.

Applies to

Affidavit

Before or with a motion for entry of default, a Schedule A plaintiff must file an affidavit, declaration, or other document detailing 12 specific categories of information for each defendant and infringing product, with a written reason if any response cannot be provided.

Before or in conjunction with moving for entry of default, a plaintiff in a "Schedule A" case must file an affidavit, declaration, or other document (e.g., spreadsheet, chart) describing with specificity the following for each defendant and each allegedly infringing product:

Applies to

Discovery request

Objections to FRCP 26(a) disclosures or discovery requests are generally prohibited if premature under LPR, except for claim construction positions and claim/apparatus comparisons.

A party may not object to mandatory disclosures under Federal Rule of Civil Procedure 26(a) or to a discovery request on the ground that it conflicts with or is premature under the LPR, except to the following categories of requests and disclosures: (a) requests for a party's claim construction position; (b) requests to the patent claimant for a comparison of the asserted claims and the accused apparatus, device, process, method, act, or other instrumentality;

Applies to

Settlement conference

Must include

prompt notification of chambers

Parties must inform chambers promptly if rescheduling or canceling settlement conference.

If the parties must reschedule, or if they conclude that a settlement conference is not necessary at this time, they should inform chambers as soon as possible.

Applies to

Exhibits

For exhibits marked for identification, do not include '(ID)' in the JERS exhibit number or description.

For any exhibit that is marked for identification, do not include “(ID)” in the exhibit number or description of the JERS copy.

Applies to

Exhibits

All exhibit descriptions must use neutral and non-adversarial terms.

All exhibits shall be described using neutral and non-adversarial terms.

Applies to

Trial brief

Must include

leave of court

Trial briefs are not required but may be filed with leave of court.

The Court does not require trial briefs in jury trials. Parties who wish to file a trial brief must seek leave of the Court to do so.

Applies to

Pretrial order

The proposed pretrial order must itemize damages and other relief sought with a concise explanation of the evidentiary basis for each item.

shall itemize damages and other relief sought and provide a concise explanation of the evidentiary basis for each itemization.

Applies to

Pretrial order

The proposed pretrial order must state the estimated number of trial days, propose time limits for openings, closings, and witness examination per side, and state the recommended number of jurors.

State the estimated number of trial days, including jury selection, opening statements, and closing arguments, premised on six-hour to six and one-half hour trial-testimony days (these time periods already account for lunch and breaks). Propose estimated time limits for (a) opening statements per side; (b) closing arguments per side (including an initial close and rebuttal for the plaintiff); and (c) the total number of hours of witness examination per side. Also, state the number of jurors that the parties recommend (subject to Federal Rule of Civil Procedure 48(a)).

Applies to

Pretrial order

The proposed pretrial order must state stipulations and uncontested facts in numbered paragraphs.

In numbered paragraphs, state any stipulations and uncontested facts.

Applies to

Pretrial order

Each party must provide a witness list in the proposed pretrial order divided into witnesses called, witnesses presented by deposition or prior testimony, and witnesses who might be called.

Each party shall provide a list of the witnesses, including expert witnesses, divided into (a) witnesses who will be called; (b) witnesses whose testimony will be presented by deposition or other prior testimony (indicating whether the presentation will be by reading a transcript or playing a video); and (c) witnesses who might be called or whose testimony might be presented.

Applies to

Exhibit chart

Parties must submit an exhibit chart for Plaintiff's and Defendant's exhibits stating exhibit number, date, description, relevance, and any objection with the proponent's theory of admissibility.

The parties must submit an exhibit chart, one each for Plaintiff’s exhibits and Defendant’s exhibits. The charts must state the following: (a) the exhibit number; (b) the date of the document or exhibit, if applicable; ... relevance; and (e) whether there is an objection to the exhibit’s admission, and if so, a concise explanation of the objection and the proponent’s theory of admissibility.

Applies to

Exhibit chart

Objection grounds not listed in the exhibit chart may be waived, except for foundation and authentication.

Grounds not listed may be waived, except for foundation and authentication.

Applies to

Exhibit chart

Any substantive exhibit not objected to is deemed stipulated and admissible by the Order, though it must still be referred to during trial testimony or otherwise published to the jury to enter the record.

Any substantive exhibit not objected to shall be deemed stipulated to and admissible into evidence by this Order (note: for the exhibit to be entered into the record for the jury’s consideration, the exhibit still must be referred to during trial testimony or otherwise published to the jury).

Applies to

Exhibit chart

Parties must limit objections to only good-faith objections; frivolous and boilerplate objections are discouraged because the Court reviews exhibits and objections before the pretrial conference.

Likewise, parties must limit the objections to only good-faith objections. Frivolous and boilerplate objections will waste time, because in preparation for the pre-trial conference, the Court will review, as much as possible, the exhibits and the objections.

Applies to

Pretrial order

Must include

local rule certificate

Non-compliance with Pretrial Order requirements may result in sanctions.

Non-compliance with any of these requirements will subject a party and/or counsel to the imposition of sanctions.

Applies to

Motion in limine

Must include

local rule certificate

Motions in limine discouraged; avoid boilerplate and undisputed matters.

Motions in limine are not favored and should be used sparingly. Judge Holleb Hotaling discourages the filing of “boilerplate” motions in limine or motions that address matters not in dispute.

Applies to

Settlement conference

Must include

compliance with attendance

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.

Applies to

Settlement conference

Must include

advance notice

No-show without advance notice may result in monetary sanctions.

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.

Applies to

Initial status conference

Must include

settlement preparation

Counsel must be prepared to discuss settlement at initial status conference.

counsel must come to the initial status conference prepared to address settlement discussions.

Applies to

Brief

Plaintiff's opening brief must attach a copy of the ALJ's decision as an exhibit.

Attach a copy of the ALJ's decision as an exhibit to the brief.

Applies to

Exhibits

Must include

paper backup

Supply one paper copy of exhibits as backup to JERS system.

For now, also supply one copy of the exhibits in paper form. This paper set will serve as the backup to JERS, in the event that JERS suffers a technical failure during deliberations.

Applies to

Jury exhibits

Must include

jers only

Jury receives exhibits only via JERS unless good cause or system failure.

The jury will not be supplied with paper copies, unless there is good cause for a particular exhibit (or if JERS breaks down).

Applies to

Exhibits

Must include

paper backup

If JERS fails, jury requests help in writing; systems staff needs court permission; paper backup provided if not quickly fixable.

If JERS fails during deliberations, the jury will ask for help in writing. The systems staff will not be permitted in the jury room without the Court’s express permission, and only after the jury has been escorted out of the jury room. If the problem is not fixable in a short time, the Court will provide the jury with the paper-copy backup of the allowed exhibits.

Applies to

Settlement letter

Plaintiff's settlement letter must include a summary of evidence and legal principles, explanation of damages, itemization of damages, settlement proposal, and any additional helpful information.

Plaintiff's letter should include at least the following information: a. A brief summary of the admissible evidence and legal principles supporting plaintiff's claims that plaintiff asserts will allow it to establish liability and defeat any applicable affirmative defenses. b. A brief explanation of why damages or other relief would appropriately be granted at trial; c. An itemization of the damages plaintiff believes can be proven at trial and a brief summary of the evidence and legal principles supporting those damages; d. A settlement proposal that includes both monetary and non-monetary relief requested; and e. Any additional information plaintiff believes would be helpful to the Court in assisting the parties to fully resolve the litigation.

Applies to

Settlement letter

Pre-settlement conference letters must address points of disagreement with supporting evidence, respond to the opposing party's settlement proposal with a counter-proposal, and include any additional helpful information.

Any points in plaintiff's letter with which defendant disagrees, with references to supporting admissible evidence and legal principles; A response to plaintiff's settlement proposal and a counter-proposal; and Any additional information defendant believes would be helpful to the Court in assisting the parties to fully resolve the litigation.

Applies to

Conditional payment letter

Parties receiving Medicare conditional payments must bring a Medicare conditional payment letter to the settlement conference.

If a party has received or will be receiving conditional payments from Medicare to pay for treatment related to this case, he/she must bring a conditional payment letter from Medicare to the settlement conference.

Applies to

Settlement term sheet

Parties must complete the Court's settlement term sheet unless they provide their own.

If a settlement is reached, the Court will require the parties to complete a settlement term sheet unless the parties provide their own.

Applies to

Settlement conference

Settlement conference follows mediation format with joint and private sessions.

The Court generally will follow a "mediation" format: opening presentations by each side to the other side, followed by a joint discussion with the Court and private meetings by the Court with each side.

Applies to

Settlement conference

Settlement conference statements are inadmissible at trial.

Any statements made by any party or attorney during the settlement conference will not be admissible at trial.

Applies to

Joint initial status report

Joint initial status report not required in mortgage foreclosure cases.

This report need not be filed in a mortgage foreclosure case.

Applies to

Brief

Counsel are encouraged to include case-specific analysis in briefing for IP infringement claims instead of broad exhibit citations, which may delay or deny motions.

Broadly citing to exhibits and images of the plaintiff’s intellectual property and defendants’ accused products to demonstrate a likelihood of success on the merits of an intellectual property infringement claim, without more, is not helpful and risks delay or denial of a motion. Counsel are strongly encouraged to include in their briefing a meaningful, case-specific analysis of the plaintiff’s likelihood of success on the merits of the infringement claims by listing the claim, the specific law that applies to each element, and a meaningful argument (not just a citation to images) as to why plaintiff

Applies to

Jury instructions

Court prefers Seventh Circuit Pattern Instructions when applicable.

The parties are advised that the Court prefers the Seventh Circuit Pattern Instructions when applicable.

Applies to

Trial brief

Must include

leave of court

Trial briefs not required for jury or most bench trials; leave required if not requested by Court.

The Court does not require trial briefs for jury trials or most bench trials. Any party who wishes to file a trial brief in a case where it has not been requested by the Court, must seek leave to do so.

Applies to

Jury instructions

Disregarded testimony or exhibits are not evidence and must not be considered.

First, if I told you to disregard any testimony or exhibits or struck any testimony or exhibits from the record, such testimony or exhibits are not evidence and must not be considered.

Applies to

Jury instructions

External information (including media reports) is not evidence and must be disregarded.

Second, anything that you may have seen or heard outside the courtroom is not evidence and must be entirely disregarded. [This includes any press, radio, Internet or television reports you may have seen or heard. Such reports are not evidence and your verdict must not be influenced in any way by such publicity.]

Applies to

Jury instructions

Lawyers' questions, objections, and comments are not evidence.

Third, questions and objections or comments by the lawyers are not evidence. Lawyers have a duty to object when they believe a question is improper. You should not be influenced by any objection, and you should not infer from my rulings that I have any view as to how you should decide the case.

Applies to

Jury instructions

Lawyers' opening statements and closing arguments are not evidence.

Fourth, the lawyers’ opening statements and closing arguments to you are not evidence. Their purpose is to discuss the issues and the evidence. If the evidence as you remember it differs from what the lawyers said, your memory is what counts.

Applies to

Jury instructions

Court prefers Seventh Circuit Pattern Instructions but parties may propose modifications or additional instructions.

Where applicable, the Court generally prefers the Seventh Circuit's Pattern Instructions, but of course the parties may propose modifications to the Pattern and may propose additional, non-Pattern Instructions.

Applies to

Exhibits

Must include

exhibit list

Jury receives exhibits only via JERS unless good cause exists or JERS fails.

The jury will not be supplied with paper copies, unless there is good cause for a particular exhibit (or if JERS breaks down).

Applies to

Exhibits

Must include

exhibit list

Physical exhibits for jury examination provided via court security officer during deliberations.

Physical-object exhibits that the Court allows the jury to examine during deliberations will be provided to the jury as usual, via the court security officer.

Applies to

All

Must include

original document availability

Photocopies may be used as originals; actual originals must be available within 10 days of written request.

Originals: A legible photocopy of a document may be used as the “original” for all purposes in this action. The actual “original,” in whatever form the producing party has it, must be made available to any other party within ten days after a written request.

Applies to

Protective order

Must include

survival of obligations

Protective order obligations survive case conclusion.

Survival of obligations: This order’s obligations regarding Confidential and Highly Confidential information survive the conclusion of this case.

Applies to

Final pretrial order

Must include

jury question procedure

Juror questions allowed in civil trials; in criminal trials only if all parties agree.

(xii) Upon completion of a witness’s testimony in civil trials, jurors are permitted to submit written questions for the witness in accordance with procedures to be discussed at the Final Pretrial Conference. Such questioning by the jurors will also be permitted in criminal trials if all parties agree. The government and defense counsel should discuss this issue with the Court at the Final Pre-trial Conference.

Applies to

Trial procedure

Must include

interim statements

Interim statements permitted for lengthy trials.

(xiii) The Court permits interim statements if appropriate due to the length of the trial.

Applies to

Trial brief

Must include

leave of court

Trial briefs are not required but may be filed with leave of court.

The Court does not require trial briefs in jury trials. Any party who wishes to file a trial brief must seek leave of the Court to do so.

Applies to

Trial brief

Must include

leave of court

Trial briefs not required but may be filed with leave of court by motions in limine deadline; no briefs allowed during trial without leave.

C. Trial Briefs: Judge Blakey does not require trial briefs in jury trials. Parties who wish to file a trial brief to address any unique issues of law or fact, however, may seek leave of Court to do so on or before the due date for filing motions in limine. No legal briefs or memoranda will be permitted during trial (including briefs or memoranda supporting or opposing motions for a judgment of acquittal) absent prior leave of Court.

Applies to

Initial status report

Must include

certificate of service

Individuals are citizens of their state of domicile, not necessarily current residence.

NOTE 1: Individuals are citizens of the state where they are domiciled; that may or may not be the state where they currently reside. See Heinen v. Northrop Grumman Corp., 671 F.3d 669, 670 (7th Cir. 2012).

Applies to

Proposed pretrial order

Parties must confer in good faith to reach stipulations and uncontested facts.

The parties must confer in good faith to arrive at as many stipulations and uncontested facts as possible. The parties will be responsible for presenting stipulations to the jury during trial.

Applies to

Proposed pretrial order

Objected exhibits may be submitted to chambers by email.

Objected-to exhibits may be submitted to chambers by email to proposed order shah@ilnd.uscourts.gov. Large files can be submitted via

Applies to

Evidence presentation

Must include

jers protocol familiarization

Parties must familiarize with JERS protocol and review attorney instructions.

Finally, parties should familiarize themselves with the Court’s Jury Evidence Recording System (JERS) protocol. Attorney Instructions are available here: https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_courtroomtech/JERS_Attorney_Instructions.pdf.

Applies to

Medicare conditional payment letter

Must include

pre registration, proof of representation

Attorneys must pre-register with Medicare to request conditional payment letters.

Your client may access their payments directly by logging to his MyMedicare.gov account. As his attorney, you may request such a letter but must pre-register to do so by submitting proper proof of representation or consent to release this information.

Applies to

Settlement conference

Medicare expects at least 60% of conditional payments to be reimbursed to resolve case.

You should expect Medicare to demand at least 60% of its conditional payments to your client to resolve the case.

Applies to

General

Counsel must be familiar with applicable local criminal rules.

Counsel shall be conversant with the Local Criminal Rules of the Northern District of Illinois and its Local Rules insofar as they are applicable.

Applies to

Settlement letter

Must include

certificate of service

Settlement letters must be submitted 7 days before conference.

Seven days prior to the settlement conference, or on such other date as the court may direct, the parties will submit letters to Judge Gettleman conforming to the following directions:

Applies to

Settlement letter

Must include

certificate of service

Each party must send settlement letter copies to all other parties.

Each party shall send a copy of that party's letter to all other parties;

Applies to

Settlement letter

Must include

certificate of service

Confidential information to court must be in footnote/addendum marked as unshared.

If any party wishes to communicate anything to the court that the party does not wish to share with other parties, the letter should include such information in a footnote or addendum, clearly stating that such information has not been shared with the other parties.

Applies to

Settlement letter

Settlement letters will be discarded by Judge at case close.

All settlement letters will be discarded by Judge Gettleman at the close of the case.

Applies to

Pretrial order

Must include

agreed verdict form, agreed jury instructions

Parties must meet to agree on jury instructions and verdict form before filing pretrial order.

The parties are instructed to meet and attempt to agree on jury instructions and a verdict form before filing the pretrial order.

Applies to

Jury instructions

Must include

redline modifications, 7th circuit pattern instructions

7th Circuit Pattern Jury Instructions used; modifications require redline submission.

The Court uses the 7th Circuit Pattern Jury Instructions where applicable. If the parties wish to modify a 7th Circuit Pattern Jury Instruction, the party proposing the modification must submit a redline to the Court showing the modification to the pattern instruction.

Applies to

Trial brief

Must include

leave of court required

Trial briefs are not required but may be filed with leave of court.

The Court does not require trial briefs in jury trials. Parties who wish to file a trial brief must seek leave of the Court to do so.

Applies to

Case filing

LPR apply to patent cases filed after 9/24/2009 involving utility patent claims.

These Rules ("LPR") apply to all cases filed in or transferred to this District after September 24, 2009, in which a party makes a claim of infringement, non-infringement, invalidity, or unenforceability of a utility patent.

Applies to

Initial disclosure

Initial disclosures under LPR 2.2-2.5 are inadmissible as evidence on the merits.

The disclosures provided for in LPR 2.2, 2.3, 2.4, and 2.5 are inadmissible as evidence on the merits.

Applies to

Settlement conference

Must include

technology test run

Technology test run required 15-30 minutes before video settlement conference.

The Court’s staff will hold a test run with the parties 15 to 30 minutes prior to the conference.

Applies to

Settlement agreement

Must include

draft agreement encouraged

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.

Applies to

Final pretrial order

Only exhibits definitely intended for trial need to be listed.

There is no need to list every conceivable exhibit that can possibly be used. The parties should submit a list of trial exhibits they definitely intend to introduce.

Applies to

Final pretrial order

Must include

trial length, number of jurors

Eight-person jury presumptively seated for trials of five days or less; three peremptory challenges per side.

The estimated number of trial days, including jury selection, and the number of jurors the parties recommend be selected (subject to Rule 48(a)). Typically, each side will be allowed three peremptory challenges. The Court presumptively seats an eight-person jury, with all eight jurors deliberating, for trials of five days or less, or when otherwise appropriate.

Applies to

Trial brief

Must include

leave of court

Trial briefs not required; leave of court needed to file.

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.

Applies to

Exhibit chart

Parties must make a good faith effort to stipulate to the authenticity of exhibits whenever possible.

The parties shall, however, make a good faith effort to stipulate to the authenticity of exhibits whenever possible.

Applies to

Exhibit chart

Parties should not over-designate exhibits because the Court examines exhibits one-by-one at the pretrial conference and plainly inadmissible exhibits waste time.

Do not over-designate exhibits, because we will examine exhibits one-by-one during the pretrial conference, and plainly inadmissible exhibits will needlessly consume time.

Applies to

Exhibit chart

The exhibit chart should include proposed demonstrative exhibits and any exhibits likely to be referred to at trial even if not allowed into evidence.

In addition to substantive exhibits and Rule 1006 summary exhibits, the chart should also include proposed demonstrative exhibits and any exhibits that are likely to be referred to at trial even though not allowed into evidence.

Applies to

Settlement conference

Parties must address each other with courtesy and respect while speaking frankly during settlement conference.

The Court expects the parties to address each other with courtesy and respect, and also to speak frankly and openly about their views of the case in this confidential setting.

Applies to

Joint status report

Must include

joint report

Joint status reports strongly encouraged; if parties cannot agree, separate reports permitted or joint report should state all parties' positions on disputed matters.

Joint reports are strongly encouraged. If the parties cannot agree to a joint report, however, they may file separate reports. Alternatively, and preferably, the joint report should state all parties’ positions as to disputed matters.

Applies to

Projection system request

Must include

advance request

Evidence projection systems require advance request to Courtroom Deputy.

The Court has a limited number of evidence projection systems which may or may not be available depending on how early a request is made. Any such request should be made to Judge Gilbert’s Courtroom Deputy. Parties will be permitted to use their own projection systems, upon reasonable terms, if a request is made in advance of trial.

Applies to

Jury instructions and verdict forms

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.

Applies to

Settlement conference order

Must include

judge name, case number

Settlement conferences may be in-person, virtual (Cisco WebEx), or hybrid; details in conference order.

Depending upon the circumstances of the case, Judge Holleb Hotaling holds settlement conferences in one of the following formats: (1) in-person; (2) virtually via Cisco WebEx videoconference, or (3) hybrid (some participants appear in-person and others appear virtually). Counsel should consult the order setting the settlement conference for details and see

Applies to

Settlement conference

Must include

admissibility limitation

Settlement statements are inadmissible in discovery and trial.

Statements made by any party in their settlement communications and during the settlement conference are not to be used in discovery and will not be admissible at trial as set forth in Local Rule 83.5 and Federal Rule of Evidence 408.

Applies to

Settlement statement

Exhibits to settlement statements must be attached to email or shared via file sharing service.

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.

Applies to

Initial status conference

Clients of represented parties need not attend initial status conference.

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.

Applies to

Settlement agreement

Must include

binding terms

Settlement terms must be detailed and made binding at conference conclusion; defendants should prepare settlement agreement format in advance.

If the parties are successful in reaching an agreement, they will be required to detail the terms of the agreement at the conclusion of the conference, so that the terms are binding on the parties. Defendants that generally prefer a certain format of settlement agreement are encouraged to prepare it as much as possible ahead of time and bring it with them to the conference, in the hope that it can be filled out with all the final terms if the parties are successful in reaching a settlement.

Applies to

Trial brief

Trial briefs not required for jury trials; bench trials only with court approval.

Trial briefs are not required in jury trials. The Court will advise the parties if a trial brief is required in a bench trial. Any party who has not been advised that a trial brief is necessary but who nevertheless wishes to file a trial brief must seek leave of the Court to do so.

Applies to

Physical exhibits

Must include

court security officer delivery

Physical exhibits for jury examination provided via court security officer.

Physical-object exhibits that the Court allows the jury to examine during deliberations will be provided to the jury as usual, via the court security officer.

Applies to

Proposed order

Parties should include the applicable bracketed language ([If by agreement] or [If not fully agreed]) and delete the other as needed for their case.

Parties should include or delete language in brackets as necessary to their specific case.