Northern District of Illinois Document Filing Requirements

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

One paper copy of exhibits required as JERS backup in case of technical failure.

Source text: 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.

Proposed jury instructions must be emailed to Judge Chang's Proposed Order email account in MS Word format.

Source text: The jury-instructions filing also must be emailed to Judge Chang's Proposed Order email account in MS Word format (a deadline will be set in each case).

Five business days before trial, parties must provide exhibits in digital format and double-sided paper copies in three-ring binders.

Source text: As stated in the JERS instructions, five business days before trial, each party shall supply (a) the exhibits in digital format on a USB drive, DVD, or CD; and (b) the exhibits in paper copy (just 1 set), double-sided in three-ring binders.

Multiple parties on same side must coordinate to create consecutive exhibit numbering.

Source text: 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.

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

Source text: 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.

JERS exhibit naming required for pretrial conference; exhibits due 5 business days before on USB/DVD/CD.

Source text: 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 Chang’s Standing Order Governing Proposed Pretrial Orders for more detail). 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.

Exhibit numbers must not be changed after pretrial conference, even if some are deemed inadmissible.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

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

Unobjected exhibits deemed admissible by pretrial order.

Source text: 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).

Parties must stipulate to exhibit authenticity whenever possible.

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

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

Source text: 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:

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

Source text: 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:

Witness descriptions limited to 2-3 sentences.

Source text: 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.

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

Source text: 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.

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

Source text: 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:

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

Source text: 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.

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

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

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

Source text: 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

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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

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

Source text: 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.

Two binders of final exhibits due day before trial.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

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

Criminal defendants must attend pretrial conference unless personally waived.

Source text: 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.

Pretrial submissions due five business days before conference.

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

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

Joint status report must address 6 specific settlement issues.

Source text: 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.

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

Source text: 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.

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

Source text: 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

Counsel must provide settlement letters to clients before conference.

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

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

Source text: 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.

Proposed Pretrial Order must be electronically signed by all counsel.

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

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

Source text: 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.

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

Source text: 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).

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

Source text: 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.

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

Source text: 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.”

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

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

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

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

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

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

Joint chart required for deposition designations with specific content.

Source text: 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).

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

Source text: 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.

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

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

Pretrial order must include 10 specific items.

Source text: The draft order must include the following items:

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

Source text: 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.

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

Source text: 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.

Pretrial Memorandum must include neutral case statement for jury selection.

Source text: 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.

Pretrial Memorandum must include estimated trial length in days.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

Joint status report required; individual reports must be explained.

Source text: 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.

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

Source text: 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.

Counsel must submit discovery proposal and case management plan.

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

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

Source text: (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);

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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:

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

Source text: 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.

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

Source text: 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.

Exhibit list must use court-provided template.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

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

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

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

Unobjected exhibits are deemed admitted without foundation testimony.

Source text: 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.

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

Source text: 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;

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

Source text: 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.

Parties must jointly file initial status report.

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

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

Source text: 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.

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

Source text: 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.

Each jury instruction must cite legal authority at the bottom.

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

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

Source text: 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.

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

Source text: 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.

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

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

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

Source text: 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.

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

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

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

Source text: 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.

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

Source text: 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.

Joint document required with proposed voir dire questions and objections.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

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

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

Source text: 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;

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

Source text: 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.

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

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

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

Source text: 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.

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

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

Objections not in Pretrial Order are waived without good cause.

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

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

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

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

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

Two bench books of exhibits required for trial.

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

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

Source text: 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.

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

Source text: 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.

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

Source text: 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).

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

Source text: 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.

Patent infringement claimant must produce specific documents with initial disclosures.

Source text: 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.

Patent infringement defendant must produce specific documents with initial disclosures.

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

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

Source text: 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.

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

Source text: 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:

Exhibits must be exchanged 3 days before claim construction hearing.

Source text: 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.

Amendments to expert reports presumptively prejudicial without good cause.

Source text: 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.

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

Source text: 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.

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

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

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

Source text: 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.

Parties with settlement authority must personally attend settlement conference.

Source text: 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

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

Source text: 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?

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.

Source text: 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).

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.

Source text: 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.

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.

Source text: 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.

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

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

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

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

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.

Source text: 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.

Non-English speaking parties must provide their own interpreter.

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

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

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

Violating interpreter requirement may result in sanctions.

Source text: Sanctions will apply if this order is violated.

Settlement communications cannot be photographed, recorded, or rebroadcasted.

Source text: 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

Violating recording prohibitions may result in sanctions.

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

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

Source text: 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.

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

Source text: 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.

Insurer representatives with full settlement authority must attend settlement conference.

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

No telephone-only attendance allowed at settlement conference.

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

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

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

All parties must be on camera for video settlement conferences.

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

Cell phone use prohibited for settlement conference attendance.

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

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

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

Electronic exhibits must be provided on USB, DVD, or CD.

Source text: Electronic exhibits shall be exchanged between parties and provided to the court on a data storage device, such as a USB, DVD, or CD.

Attorneys must sign certification verifying electronic exhibits match admitted evidence.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

Proposed Pretrial Order must be electronically signed by all counsel.

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

Counsel must provide settlement statements to clients before conference.

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

Parties with settlement authority must personally attend entire conference.

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

Non-attendance without good cause results in fee/cost sanctions.

Source text: 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.

Material settlement terms must be detailed and binding at conference conclusion.

Source text: 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.

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

Source text: 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.

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

Source text: 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).

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

Source text: 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.

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

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

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

Source text: 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:

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

Source text: 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.

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

Source text: 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.

Proposed Pretrial Order must be filed on ECF docket.

Source text: The Proposed Pretrial Order must also be filed on the docket by selecting “Other Filings” and then “Other Documents,” and choosing the Proposed Pretrial Order event in CM/ECF.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

Parties with full settlement authority must attend settlement conference.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

Settlement letters must include specified content related to the case, demands/offers, attendees, and insurance representatives.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

Parties with settlement authority must attend settlement conference in person.

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

Insured parties must bring insurer representative with settlement authority.

Source text: 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.

Uninsured corporate parties must bring authorized representative with settlement authority.

Source text: 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.

Telephone participation is not acceptable for settlement conference.

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

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

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

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

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

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

Source text: 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.

Individual parties must personally participate unless court grants leave.

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

Insurer representative must attend with settlement authority if funds involved.

Source text: 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.

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

Source text: 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.

Settlement statements must not be filed on ECF.

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

Counsel must provide full settlement statements to clients before conference.

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

Settlement authority individuals must personally attend entire conference.

Source text: 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.

Corporate/governmental entities must send authorized representative (not counsel).

Source text: 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.

Telephone participation not acceptable except with prior court approval.

Source text: Having a client or representative with authority reachable by telephone during the settlement conference is not an acceptable alternative, except under the most unusual and extenuating circumstances (and must be approved by the Court ahead of time in those cases).

Must advise court of ratification requirements in settlement letter with legal basis.

Source text: 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.

Attorney with substantial familiarity must appear at initial status conference.

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

Pro se parties must attend initial status conference.

Source text: Pro se parties must attend the initial status conference.

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

Source text: 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).

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

Source text: 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).

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

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

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

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

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

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

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

Settlement statements must be emailed to specific chambers address.

Source text: 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.

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

Source text: 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.

Parties with settlement authority must personally attend settlement conference.

Source text: 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

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

Source text: 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.

Settlement letters must disclose liens or litigation funding sources.

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

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

Source text: 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).

Counsel must provide settlement letters to clients before conference.

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

Extension requests for letter schedule must be by written motion.

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

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

Counsel must discuss and report on settlement status at the scheduling conference.

Source text: Counsel are to discuss settlement at the scheduling conference and to report on the status of settlement discussions.

Parties must report earliest available date for settlement conference and needed discovery.

Source text: The parties are to report on the earliest date on which they would be prepared to attend a settlement conference (with clients) with the Court and what discovery, if any, they believe may be needed to meaningfully assess settlement.

Initial disclosures under Rule 26(a)(1) must be made by a specified date if not already completed.

Source text: The parties advise the Court that initial disclosures have / have not (circle one) been made pursuant to Rule 26(a)(1). If they have not been made all disclosures required by Rule 26(a)(1) shall be made on or before ________________________.

Amendments to pleadings or joinder of parties must be filed by a specified deadline.

Source text: Any amendments to pleadings or actions to join other parties shall be filed on or before _____________. (It is recommended that any joinder or amendments be made early in the discovery process so as to avoid the need to prolong discovery as to new parties or new issues.)

Written discovery must be propounded no later than 45 days before close of fact discovery.

Source text: All written discovery shall be propounded no later than 45 days before the close of fact discovery, unless the requesting party has obtained prior leave of court.

Parties with burden of proof must disclose expert testimony under Rule 26(a)(2) by a specified date.

Source text: Any party with the burden of proof shall disclose its expert testimony pursuant to Rule 26(a)(2) on or before ______________.

Depositions of opposing party's Rule 26(a)(2) expert may be taken prior to a specified date.

Source text: The parties may depose the other side's expert disclosed pursuant to Rule 26(a)(2) at any time prior to ___________.

Rebuttal expert disclosure must be made prior to a specified date.

Source text: The parties shall disclose any rebuttal expert at any time prior to ______________.

Depositions of opposing party's rebuttal expert must be completed by a specified date.

Source text: The parties shall have until ______________ to depose the opposing party's rebuttal expert.

Dispositive motions must be filed by a specified deadline, typically 30 days after close of fact discovery.

Source text: Any dispositive motions to be filed on or before ______________. (Ordinarily this date will be 30 days following the close of fact discovery.)

Daubert motions must be filed by a specified deadline, typically 30 days after close of expert discovery.

Source text: Any Daubert motions to be filed on or before _______________. (Ordinarily this date will be 30 days following the close of expert discovery.)

Opening brief must include ALJ’s decision as an exhibit.

Source text: Attach a copy of the ALJ’s decision as an exhibit to the brief.

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

Source text: 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.

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

Source text: 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.

Plaintiff’s settlement letter must include evidence summary, damages explanation, settlement proposal, and additional helpful information.

Source text: 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.

Defendant’s settlement letter must include specific information in response to plaintiff’s letter.

Source text: Defendant’s responsive letter should include at least the following information:

Witnesses not listed in final pretrial order are precluded from testifying unless good cause shown.

Source text: 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.

Exhibits not listed in final pretrial order are excluded from evidence unless good cause shown.

Source text: Any exhibit not listed in the final pretrial order will be excluded from evidence absent a showing of good cause.

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

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

Motions in limine must be filed with final pretrial order; responses due 14 days later.

Source text: 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.

Trial briefs are not accepted without prior leave of court.

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

Proposed findings and conclusions must be submitted via email at trial.

Source text: At trial, each party shall also submit via email its proposed findings and conclusions.

Joint jury instructions must be submitted via email at trial.

Source text: At trial, the parties shall submit via email their joint set of jury instructions which incorporates the court's changes.

Plaintiff must provide initial draft of final pretrial order 21 days before due date.

Source text: Plaintiff's counsel has the responsibility to prepare the initial draft of the final pretrial order and must provide a draft to defendant's counsel no later than twenty-one (21) days before the date the final pretrial order is due.

Defendant must respond to draft pretrial order 14 days before due date with objections and additions.

Source text: Defendant's counsel must respond in writing to plain ti ff’s draft no later than fourteen (14) days before the final pretrial order is due, including any objections, changes, and additions to plaintiff's draft, as well as defendant's portions of the draft pretrial order (e.g., defendant’s witness and exhibit lists, and objections to exhibits and deposition testimony listed by plaintiff).

Parties must meet and confer 7 days before final pretrial order due date.

Source text: The parties must meet and confer no later than seven (7) days before the final pretrial order is due to discuss their respective drafts and to reach agreement to the extent possible.

Final pretrial order must include cover document with specific language and signatures.

Source text: 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.

Final pretrial conference required before trial; trial counsel must attend.

Source text: A final pretrial conference will be held before trial. The court will address pending motions in limine, objections to witnesses and exhibits, and contested jury instructions, and it will discuss trial procedures and scheduling. Trial counsel fully prepared and with authority to discuss all aspects of the case must attend.

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

Source text: 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.

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

Source text: 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).

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

Source text: 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.

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

Source text: 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.

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

Source text: 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).

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

Source text: 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.

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

Source text: 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.

TRO extensions must include the language from paragraph 8.

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

Certificate of service required with motions for TRO extensions.

Source text: 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.

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

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

Trial exhibit lists must be exchanged 14 days before trial.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

Multiple parties on same side must coordinate exhibit numbering.

Source text: 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.

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

Source text: 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.

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.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

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

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

Source text: 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.

Patent cases must follow Local Patent Rules schedule.

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

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

Source text: 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.

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

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

Witnesses must not answer questions while objection is pending.

Source text: 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.

Objections and responses must be short and non-argumentative.

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

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

Source text: 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.

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.

Source text: 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;

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

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

Motions in limine discouraged; avoid boilerplate and undisputed matters.

Source text: 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.

Non-compliance may result in reimbursement of opposing party's fees and costs.

Source text: 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.

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

Source text: Counsel and parties are cautioned that failure to attend a scheduled settlement conference without advance notice to the Court may result in the imposition of monetary sanctions against them.

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

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

Opening brief should include only facts relevant to the issues presented.

Source text: Include only those facts that relate to the issues presented. It is not necessary to include Plaintiff’s entire medical history if it is not relevant to the issues raised.

Opening brief should not repeat well-recognized standards for five-part test.

Source text: It is not necessary to spend several pages repeating the well-recognized standards for the five-part test. Cite cases that you believe the Court aware of any relevant contrary authority.

Responsive brief should supplement Plaintiff’s facts where needed, not repeat them.

Source text: Supplement Plaintiff’s facts where needed for the issues presented. Do not feel compelled to repeat the facts.

Responsive brief should cite record portions supporting ALJ’s decision.

Source text: Cite to those portions of the record that constitute substantial evidence in support of the ALJ’s decision.

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

Source text: 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.

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

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

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

Counsel must be familiar with Local Rules of the District.

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

Court prefers Seventh Circuit Pattern Instructions when applicable.

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

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

Source text: 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.

Court will test JERS import of trial exhibits.

Source text: The Court will run a test to ensure that the exhibits are imported correctly into JERS.

Inadmissible exhibits need not be included at trial stage, but potentially admissible ones may be included.

Source text: At this trial stage, you need not include exhibits that have been deemed inadmissible (you may include exhibits that still have a chance of being allowed, e.g., if the other party opens the door to evidence deemed otherwise inadmissible).

Include exhibits not likely to be admitted but needed for Court reference (e.g., deposition transcripts).

Source text: Consistent with the Standing Order Governing Proposed Pretrial Orders, you should continue to include even those exhibits that are not likely to be allowed directly into evidence, but to which the Court will likely need to refer (e.g. deposition transcripts for impeachment of will-call witnesses).

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

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

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

Source text: 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.

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

Source text: 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.

Protective order obligations survive case conclusion.

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

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

Source text: (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.

Interim statements permitted for lengthy trials.

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

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

Source text: 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.

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

Source text: 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.

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

Source text: 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).

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

Source text: 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.

Objected exhibits may be submitted to chambers by email.

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

Parties must familiarize with JERS protocol and review attorney instructions.

Source text: 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.

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

Source text: 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.

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

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

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

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

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

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

Joint initial status report not required in mortgage foreclosure cases.

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

Settlement conference follows mediation format with joint and private sessions.

Source text: 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.

Settlement conference statements are inadmissible at trial.

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

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.

Source text: 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

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

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

Disagreements about exhibit release to jury resolved by presiding judge.

Source text: Any disagreement between counsel regarding which exhibits to release to the jury or regarding any requested restriction of exhibits will be resolved by the presiding judge.

Defendants encouraged to prepare draft settlement agreement in advance.

Source text: 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.

Only exhibits definitely intended for trial need to be listed.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

Evidence projection systems require advance request to Courtroom Deputy.

Source text: 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.

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

Source text: 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

Settlement statements are inadmissible in discovery and trial.

Source text: 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.

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

Source text: 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.

Clients of represented parties need not attend initial status conference.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

Commissioner should consider voluntary remand and contact Plaintiff’s counsel if appropriate.

Source text: Consider whether a voluntary remand is appropriate under the law of this district and circuit. If so, please contact Plaintiff’s counsel and prepare the necessary stipulation.

Physical exhibits for jury examination provided via court security officer.

Source text: 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.

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

Source text: 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.

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

Source text: 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.]

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

Source text: 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.

Lawyers' opening statements and closing arguments are not evidence.

Source text: 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.

Counsel must be familiar with applicable local criminal rules.

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

Settlement letters must be submitted 7 days before conference.

Source text: 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:

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

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

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

Source text: 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.

Settlement letters will be discarded by Judge at case close.

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