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Judge
Alexakis
Alonso
Appenteng
Aspen
Bass Ehler
Berry III
Blakey
Bucklo
Chang
Coleman
Cummings
Daniel
Dow Jr.
Durkin
Ellis
Fuentes
Gettleman
Gilbert
Gottschall
Guzman
Harjani
Holleb Hotaling
Hunt
Iasparro
Jantz
Jenkins
Johnston
Kendall
Kennelly
Kim
Kness
Kocoras
Lefkow
McLaughlin
McNally
McShain
Pacold
Pallmeyer
Perry
Reinhard
Rowland
Schneider
Seeger
Shah
Tharp Jr.
Valderrama
Valdez
Weisman
Wood
Select Judge
Alexakis
Alonso
Appenteng
Aspen
Bass Ehler
Berry III
Blakey
Bucklo
Chang
Coleman
Cummings
Daniel
Dow Jr.
Durkin
Ellis
Fuentes
Gettleman
Gilbert
Gottschall
Guzman
Harjani
Holleb Hotaling
Hunt
Iasparro
Jantz
Jenkins
Johnston
Kendall
Kennelly
Kim
Kness
Kocoras
Lefkow
McLaughlin
McNally
McShain
Pacold
Pallmeyer
Perry
Reinhard
Rowland
Schneider
Seeger
Shah
Tharp Jr.
Valderrama
Valdez
Weisman
Wood
Magistrate Judge Heather K. McShain
meeting_room
Courtroom:
1025
gavel
Chambers:
1068
phone
Telephone:
(312) 435-3039
fax
Fax:
(312) 777-3880
error
No Notice of Presentment Required
Parties are not to notice motions for presentment. The Court will notify parties of the need, if any, for a hearing by electronic means.
error
Courtesy Copies Policy
Judge McShain does NOT accept courtesy copies of court filings, except for submissions associated with Final Pretrial Order Procedures and Motions for Summary Judgment.
error
Important Information
Communication with Chambers:
Counsel should email Judge McShain's chambers (at
[email protected]
)
as soon as possible if the parties resolve an issue that is scheduled
for argument or under consideration by the judge. Counsel should copy
all counsel of record on any such emails.
summarize
Case Procedures
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Judge Heather K. McShain
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Procedures to be followed in cases assigned to
Judge Heather K. McShain
Confidentiality Agreements, Protective Orders, and Filing Material Under Seal
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A. Confidentiality Agreement Among the Parties (No Court Order is Necessary)
The parties may properly agree among themselves to limit disclosure of unfiled discovery information to certain specified persons during the litigation and not to voluntarily disseminate such information to other persons. Court approval of such an agreement or a court order is not necessary. Such an agreement may well address most of the parties’ confidentiality concerns since only a small subset of discovery is typically ever filed in the public court record or used during a court proceeding.
B. Protective Order Entered by the Court
If the parties require a protective order entered by the Court, the
y should file a motion (indicating whether it is agreed or opposed) and email a copy of their
proposed protective order to the Court in Microsoft Word format, as outlined in
the Court’s procedures for Submitting a Proposed Order, Agreed or Otherwise, for Electronic Entry by the Judge.
The parties are directed to use the model
protective order approved by the full Court and set forth in the Local Rules:
Form LR 26.2 Model Confidentiality Order
.
Parties may deviate from the model order, but when submitting
their proposed order to the Court’s e-mail address they must include both a
clean version of their order and a redline version showing any changes made
from the model order.
The Court’s issuance of the protective order will constitute the
determination, as required by Fed. R. Civ. P. 26(c), that good cause exists for
the issuance of the order. However, issuance of any protective order will not
be given preclusive effect as a determination of good cause for Rule 26(c)
purposes if, at a future time, a party or an interested member of the public
moves for relief from the limitations of the protective order. In the event of
such a motion, the Court will engage in an appropriate assessment of the
interest between privacy and public access to make a determination of good
cause as to the challenged document(s) in light of the facts then before the
Court.
See Jepsen, Inc. v. Makita Elec. Works, Ltd.
, 30 F.3d 854,
859 (7th Cir. 1994)
.
C. Use of Medical Records
in Litigation
.
The Court reminds counsel
that the Health Insurance Portability and Accountability Act of 1996 (HIPAA)
and its regulations create a procedure for obtaining authority to use medical
records in litigation, including requesting a qualified protective order. 45
C.F.R. § 164.512(e). A “qualified protective order” means an order that: (1)
prohibits the parties from using or disclosing the protected health information
for any purpose other than the litigation for which such information was
requested and (2) requires the return to the covered entity or destruction of
the protected health information (including all copies made) at the end of the
litigation. 45 C.F.R. § 164.512(e)(1)(v). See
Example of a HIPAA Protective Order
D. Filing Material Under Seal
On September 27, 2012, the full Court approved an amendment to Local Rule 26.2 Restricted Documents. Please consult
Local Rule 26.2
before seeking to file material under seal. With respect to documents filed electronically, that rule states that a party must (1) provisionally file the document electronically under seal; (2) file electronically at the same time a public-record version of the document with only the sealed material excluded; and (3) file a motion to seal before or simultaneously with the provisional filing and notice it for presentment promptly thereafter.
The Court will not approve the filing of entire pleadings or briefs under seal.
See Pepsico, Inc.v. Redmond
, 46 F.3d 29 (7th Cir. 1995) and
In the Matter of Grand Jury
, 983 F.2d 74 (7th Cir. 1992). If material is to be filed under seal, the motion to seal must demonstrate good cause by including a specific description of each document or category of information to be sealed and explaining why confidentiality is necessary.
Consent to Proceed Before a Magistrate Judge
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Judge McShain encourages parties to consent to her jurisdiction so that she may preside over the entirety of the case, including ruling on dispositive motions and presiding over any trial. Because Judge McShain does not handle felony criminal cases, she generally is able to accommodate the requests of counsel for particular (and firm) trial dates. Parties are encouraged to read 28 U.S.C. § 636 and Fed. R. Civ. P. 73 regarding trial by consent and discuss this option with their clients and opposing counsel.
Magistrate Judge Consent Form
Discovery Motion Requirements
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The Court believes that the parties can and should work out most
discovery disputes, and thus discourages the filing of discovery motions. The
Court will not hear or consider any discovery motion unless the parties have complied
with the meet and confer requirement under Local Rule 37.2. Any discovery
motion must state with specificity when and how the movant complied with Local
Rule 37.2 by
separate
certificate
filed with the motion and attested to by the
attorney.
Parties are reminded that compliance with Local Rule 37.2
requires a good faith effort to resolve discovery disputes through
communications and negotiations that take place in person or over the
telephone. The Court believes face to face communications regarding discovery
disputes are the most effective way to resolve them and
requires counsel for
parties to meet in person unless it is impracticable to do so
.
Videoconferencing satisfies this requirement.
The
Rule
37.2 Certificate must state that this requirement has been met or why it cannot
be met with particularity. The mere exchange of correspondence will not be
sufficient to comply with Local Rule 37.2. Parties who fail to indicate that
they have met in person to attempt to resolve their dispute risk having their
motion stricken.
Parties are not allowed to file a brief in response or reply of
a discovery motion without leave of Court.
The Court reminds the parties of Federal Rule of Civil Procedure
37(a)(5), which requires the Court to award the winning side fees and costs
unless the losing party’s position was substantially justified or awarding fees
and costs would be unjust.
Parties are forewarned
that if the parties’ inability to be reasonable and compromise results in the
filing of excessive discovery motions, the Court will impose additional
meet-and-confer requirements on the parties, that may include the presence of a court reporter at all meet-and-confer sessions, with the parties to equally
share the cost of the court reporter.
Emergency Motions
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To
qualify as an "emergency," a motion must arise from an unforeseen
circumstance that arises suddenly and unexpectedly, and that requires immediate
action in order to avoid serious or irreparable harm to one or more of the
parties. Motions for extension of time for filing, or for continuances of
deadlines or other dates previously set by the Court, are highly unlikely to
qualify as "emergencies." In the event a party seeks to present an
emergency motion, that party must inform the courtroom deputy by email at
[email protected]
prior
to filing the motion of the general nature of the motion and the reason that it
requires emergency treatment, so that it can be determined if emergency
treatment is appropriate. A party seeking to present an emergency motion must
make all reasonable efforts to provide the opposing party with actual notice of
the motion.
Final Pretrial Order Procedures
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The Court’s final pretrial order guidelines differ from those in
Local Rule 16.1
. Parties should consult Judge McShain’s requirements. That Standing Order may be obtained from this website or from the courtroom deputy.
Judge McShain’s Final Pretrial Order
Information for Litigants Without Attorneys
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If you are a
pro se
litigant(meaning you do not have a lawyer) in this district, the
District Court Self-Help Assistance Program
may be able to provide you with assistance regarding your case. The help desk attorney operates by appointment only. Appointments are made at the Clerk’s Office Intake Desk on the 20th floor or by calling 312-435-5691.
Use of the help desk attorney is not a substitute for an attorney. You should seriously consider trying to obtain professional legal assistance. Below are lists of organizations that may be able to offer you free or low-cost legal assistance or a referral to an attorney if you can afford to pay for legal services.
Free or low-cost legal services
Referral Services
Additional Resources/Information:
Title VII and Section 1981: A Guide for Appointed Attorneys in the Northern District of Illinois
The Americans With Disabilities Act and Age Discrimination In Employment Act: A Guide for Appointed Attorneys in the Northern District of Illinois
Local Rule 56.2 - Notice to Pro Se Litigants Opposing Summary Judgment
Initial Status Report
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Upon assignment of cases by consent or referral to Judge McShain, an initial status report will be ordered.
See
Judge McShain’s Standing Order for Initial Status Report for the information to be included in the parties’ joint initial status report.
Judge McShain’s Standing Order for Initial Status Report
Consistent with the scope of the consent or referral, the Court will set discovery schedules, briefing schedules, and other deadlines and timetables at the initial status conference. Accordingly, the lead trial counsel for each party, or an attorney with substantial familiarity with and responsibility for the case, shall appear at the initial status conference and be prepared to discuss all aspects of the case.
A joint status report is not required in cases that are referred
solely
for a settlement conference, unless otherwise specifically ordered by the Court. For cases referred
solely
for a settlement conference, see Judge McShain’s Standing Order for Settlement Conference. A settlement conference date and dates for the exchange of pre-settlement conference letters will be set at the Initial Status Hearing in these cases.
Juror Questionnaire
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Please click here to see this Court's
Juror Questionnaire Template
.
Law Clerk Hiring & Externships
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Law
clerk vacancies are posted on Oscar. Applications may only be submitted on-line
at
https://oscar.uscourts.gov/
.
Judge McShain believes
externships are an invaluable experiential learning opportunity for law
students and partners with local law schools to field applications from
students who are interested in serving as an extern in her chambers.
Please do not submit unsolicited paper or electronic applications to
chambers. Judge McShain's chambers will email those candidates who have
been selected to interview for an externship.
Meeting Requirement on Motions
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a. Discovery
Motions
Please see separate link
entitled “Discovery Motion Requirements” on Judge McShain’s website.
b. Other Motions
The meet and confer
requirement can have the same effect on other disputes that it has in connection
with discovery disputes. A candid discussion between the parties prior to
filing motions to dismiss, motions for summary judgment, and motions
in
limine
, among others, can limit the scope of such motions or eliminate the
need for them to be filed at all.
Thus, the Court will
apply the meet and confer requirement not just to discovery motions, but to all
motions that a party wishes to file. The comments above concerning what must be
done to comply with the meet and confer requirement will be applied with equal
force, and in the same way, with respect to all other motions.
Motions for Extension of Time
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No motion for an extension of time to file pleadings or to comply with other time requirements will be entertained by Judge McShain unless the movant includes in the motion a statement (1) that the movant has sought the other side's agreement to the extension and (2) specifying the result of that request.
Motions for Summary Judgment
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The Court requires strict compliance with
Local Rules 56.1(a) and 56.1(b)
in the briefing of all summary judgment motions. In addition, to assist the Court in reviewing the factual record submitted in connection with summary judgment motions, the Court requires the following:
A courtesy copy of the memorandum of law, depositions and other materials relied upon in support of the motion (as required by
Local Rule 56.1(a)(1)-(3)
) or in opposition to the motion (as required by
Local Rule 56.1(b)(1)-(3)
) must be delivered to chambers within 24 hours of when it is filed on the CM/ECF system. The courtesy copy of the compendium must be securely bound, must separately tab each document, and must contain an index identifying what document is contained under each tab. It must also have the CM/ECF header.
All statements of undisputed material facts offered by the moving party under
Local Rule 56.1(a)(3)
, or statements of additional facts offered by the opposing party under
Local Rule 56.1(b)(3)(C)
, must list the facts in short, numbered paragraphs that refrain from argument. Argument must be reserved for the moving party’s memorandum of law. Each numbered fact statement must contain a specific citation to affidavits, depositions or other materials that support the fact statement, as well as to the tab(s) in the compendium where those materials may be found. Failure to provide support for a statement of fact may result in that alleged "fact" being disregarded.
Friend v. Valley View Community Unit School Dist. 365U
, 789 F.3d 707, 710-11 (7th Cir. 2015).
All responses to statements of undisputed material facts offered by the opposing party under
Local Rule 56.1(b)(3)(B)
, or responses to statements of additional facts offered by the moving party under
Local Rule 56.1(a)
, shall be in a format similar to that used in answering a complaint: that is, the response must repeat each numbered paragraph of the fact statement, and then immediately following each numbered statement must state whether the alleged fact is "undisputed" or "disputed." As with the fact statements submitted under
Local Rules 56.1(a)(3) and 56.1(b)(3)(C)
, the responses to those fact statements must refrain from argument. The significance or lack of significance of a disputed or undisputed fact may be argued in the respondent’s legal memorandum. If a particular fact is "undisputed," nothing more should be said in the response. If a particular fact assertion is "disputed" in whole or in part, the response must state what part of the assertion is disputed and must contain a specific citation to the supporting affidavits, depositions or other materials as well as to the tab(s) in the compendium where those materials may be found. Failure to provide support for an alleged fact dispute may result in that fact being deemed admitted.
Curtis v. Costco Wholesale Corp.
, 807 F.3d 215, 218-19 (7th Cir. 2015).
In accord with
Local Rule 56.1
, absent prior leave of Court, a movant shall not file more than 80 separately numbered statements of undisputed material fact, and a party opposing a summary judgment motion shall not file more than 40 separately numbered statements of additional facts under
Local Rule 56.1(b)(3)(C)
. The Court reminds parties that the fact statements under
Local Rule 56.1(a)(3)
and
Local Rule 56.1(b)(3)(C)
“shall consist of short numbered paragraphs.”
Motions to strike or deemed admitted Local Rule 56.1 statement of facts will not be accepted by the Court. These concerns should be raised in the parties’ briefs.
No Post-Trial Contact with Jurors
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After the conclusion of a trial, no party, agent, or attorney shall communicate with any members of the petit jury before which the case was tried without first receiving permission of the Court.
Privilege Logs
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In the event that a party withholds otherwise discoverable information on the ground of privilege, the withholding party generally must provide a log of the documents withheld on the ground of privilege.
See
Fed. R. Civ. P. 26(b)(5)(A) and Advisory Committee Comments to 1993 Amendments. Any privilege log must be detailed enough to enable other parties to assess the applicability of the privilege asserted, and should include: (1) the name and capacity of each individual from whom or to whom a document and any attachments were sent (including which persons are lawyers); (2) the date of the document and any attachments; (3) the type of document; (4) the Bates numbers of the documents, (5) the nature of the privilege asserted; and (6) a description of the subject matter in sufficient detail to determine if legal advice was sought or revealed, or if the document constitutes work product.
See RBS Citizens, N.A. v. Husain
, 291 F.R.D. 209, 218 (N.D. Ill. 2013).
The Court reminds the parties that the meet and confer requirements of
Local Rule 37.2
apply to privilege disputes, just as they do to other discovery disputes.
Settlement Conference
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The Court has prepared a Standing Order setting forth its settlement conference procedures. That Standing Order may be obtained from this website or from the courtroom deputy. Counsel and their clients must read and follow the procedures in that Standing Order prior to any settlement conference with the Court.
Instructions for Settlement Conferences
In preparation for the settlement conference, the parties should consider the
Settlement Checklist/Term Sheet
that Judge McShain may require the parties to complete at the
conclusion of the settlement conference. This document covers the most
common issues raised in finalizing a settlement agreement.
Social Security Cases
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In cases where the district court has not set a briefing schedule, the following schedule shall apply. Within sixty (60) days after the filing of the answer to the complaint and the administrative record, the plaintiff shall file a motion for summary judgment and memorandum in support. Within forty-five (45) days thereafter, the Commissioner shall file his motion for summary judgment and memorandum in support and in response to the plaintiff’s motion. The plaintiff’s reply brief is due fourteen (14) days thereafter.
Parties are also encouraged to consider as early as practicable whether the case is suitable for voluntary remand.
A.
Plaintiff’s Memorandum
The plaintiff shall identify the specific grounds for reversal or remand. Arguing generally that the ALJ’s decision is not supported by substantial evidence is not sufficient. The plaintiff shall include only those facts that relate to the issues presented. It is not necessary to include the plaintiff’s entire medical history if it is not relevant to the issues raised. It is also not necessary to devote multiple pages to the well-recognized standards for the five-part test. Cite a case that you believe accurately states the legal principles you wish the Court to apply, and make the Court aware of relevant contrary authority.
B.
The Commissioner’s Memorandum
The Commissioner shall specifically respond to the plaintiff’s assertions and arguments. Arguing generally that the ALJ’s decision is supported by substantial evidence is not sufficient. The Commissioner’s brief may supplement the plaintiff’s facts where needed, but it should not repeat facts included in the plaintiff’s brief if they are not in dispute. Be sure and cite to specific record evidence in support of each argument.
Submitting a Proposed Order, Agreed or Otherwise, for Electronic Entry by the Judge
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Proposed Orders are technically not to be "filed." Rather, they are to be "submitted" to the judge to consider, modify (if appropriate) and enter electronically. For example, proposed orders such as stipulated protective orders require court approval before actually being given full effect. To prevent confusion, such proposed orders must be attached to an e-mail sent to the e-mail address of the assigned judge,
[email protected]
. The subject line of the e-mail must include the case number and name, the docket number of the corresponding motion, if any, and the title of the order that is proposed. All such documents must be submitted to the court in a format compatible with Word. Such proposed orders should also be served on all parties.
Submitting a proposed order electronically is not a substitute
for filing a motion, even if the order is agreed. A proposed order may only be
submitted after the corresponding motion has been filed, unless the Court has already
given prior leave to submit a proposed order without a motion.
Select a date below to view all schedules.
Friday, July 24, 2026
2 cases
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Case No.
Name
Time
Type
1:26-cr-00376
USA v. Sanders
10:00AM
Arraignment
1:26-cr-00376
USA v. Sanders
10:30AM
Initial Appearance
Monday, July 27, 2026
4 cases
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Case No.
Name
Time
Type
1:25-cv-04017
Aagesen v. Village of Minooka
08:30AM
Status Hearing
1:24-cv-09877
Puentes v. Lowe's Home Centers, LLC
09:00AM
Telephone Conference
1:25-cr-00639
USA v. Hernandez
09:30AM
Status Hearing
1:25-cv-12516
Herrera v. McGrath Elmhurst Imports, Inc.
10:00AM
Telephone Conference
Wednesday, July 29, 2026
1 case
expand_more
Case No.
Name
Time
Type
1:26-cv-01489
Barcelo v. Isass Venezuelan Food LLC
10:00AM
Status Hearing
Number of days notice:
As set by Court order.
Motion Type
Day
Time
All Motions
N/A
N/A
.
.
Courtroom Deputy
Peggy Klutcharch
(312) 818-6694
Room 1024
Law Clerk
Michael Blankenheim
Alexander Johnson-Lee
