May 21, 2025
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
IN RE: CASE ASSIGNMENTS. ) Administrative Order No. 402
ADMINISTRATIVE ORDER
To ensure the Court’s docket is handled efficiently and expeditiously and as part
of the district’s ongoing effort to equalize the distribution of cases, in accordance with
28 U.S.C. § 137, effective May 19, 2025, the work of the Court shall be distributed as
follows.
Criminal Assignments
All new East St. Louis criminal cases shall be divided among the undersigned,
District Judge David W. Dugan, District Judge Stephen P. McGlynn, and Senior District
Judge J. Phil Gilbert randomly and equally at 25 percent each. All new Benton criminal
cases shall be divided among District Judge Staci M. Yandle and Senior District Judge J.
Phil Gilbert randomly and equally.
Civil Assignments
Except as specified below, all civil cases will be assigned randomly and equally to
all district judges at 15 percent each. Senior U.S. District Judge J. Phil Gilbert shall receive
40 percent of these assignments. This includes all (1) non-prisoner, non-pro se civil cases,
(2) any new civil action requesting declaratory judgment and/or the imposition of a
temporary restraining order or any form of injunctive relief, (3) forfeiture and seizure
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cases (Nature of Suit Codes 625 and 690), (4) bankruptcy appeals (Nature of Suit Codes
422 and 423), and (5) foreclosure cases (Nature of Suit Code 220).
Newly filed non-prisoner pro se civil cases, habeas cases (Nature of Suit Codes 463,
510, 530 and 535), and prisoner cases (Nature of Suit Codes 540, 550, 555, and 560) shall
also be assigned equally and randomly to all district judges with one exception. Senior
U.S. District Judge J. Phil Gilbert will be assigned all newly filed prisoner cases brought
under Nature of Suit Codes 540, 550, 555, and 560 and naming employees of the Bureau
of Prisons or any county jail and/or those institutions as defendant(s). Upon entry into a
case, each party in a newly filed non-prisoner pro se civil case, habeas case, or prisoner
case will be sent a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction
form regarding consenting to the jurisdiction of one of the district’s three magistrate
judges. The Clerk’s Office shall not send a Notice and Consent to Proceed Before a
Magistrate Judge Jurisdiction form in prisoner cases brought under Nature of Suit Codes
540, 550, 555, and 560 and naming employees of and/or the Bureau of Prisons as
defendant(s). Each party will be given 21 days to file the completed form indicating
consent or non-consent to the jurisdiction of a magistrate judge conducting all
proceedings, including trial and entry of final judgment in accordance with 28 U.S.C.
§ 636(c). Upon the consent of all parties in a case, and only if a non-prisoner pro se civil
case or habeas corpus case survives threshold review, the case will be randomly and
equally assigned to a magistrate judge for all further proceedings consistent with
28 U.S.C. § 636(c). If all parties do not consent to the magistrate judge’s jurisdiction, the
case will remain with the presiding district judge. At the district judge’s discretion, a
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motion or matter may be specifically referred to a magistrate judge or a special master in
accordance with 28 U.S.C. §§ 636(b)(1)-(3) and Federal Rule of Civil Procedure 53.
Subsequent consents by all parties to the jurisdiction of a magistrate judge will not be
accepted.
Newly filed Social Security cases (Nature of Suit Codes 861 through 865) will be
assigned to all active district and magistrate judges (consistent with 28 U.S.C. § 636)
randomly and in an equal manner, except for Senior Judge Gilbert, as discussed more
below. If originally assigned to a magistrate judge, upon entry into a case, each party will
be sent a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form
regarding consenting to the jurisdiction of one of the district’s three magistrate judges.
Each party will be given 21 days to file the completed form indicating consent or non-
consent to the jurisdiction of the assigned magistrate judge conducting all proceedings,
including trial and entry of final judgment in accordance with 28 U.S.C. § 636(c). Upon
the consent of all parties in a case, the case and jurisdiction will remain with the
magistrate judge assigned to the case. If all parties do not consent to the magistrate
judge’s jurisdiction, the case will be randomly assigned to a district judge for all further
proceedings. At the district judge’s discretion, a motion or matter may be specifically
referred to the previously assigned magistrate judge or a special master in accordance
with 28 U.S.C. §§ 636(b)(1)-(3) and Federal Rule of Civil Procedure 53. Subsequent
consents by all parties to the jurisdiction of a magistrate judge will not be accepted.
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Judge-Specific Assignments
Senior District Judge J. Phil Gilbert will not be assigned to newly filed Employee
Retirement Income Security Act cases (Nature of Suit Code 791), Products Liability cases
(Nature of Suit Codes 195, 245, 315, 345, 355, 365, 367, 368, and 385), Federal Tort Claim
Act cases pursuant to 28 U.S.C. § 1346, Social Security matters (Nature of Suit Codes 861
through 865), or class actions until further order of the Court.
For judicial economy and efficiency reasons, the following judges shall preside
over certain cases:
x The undersigned shall continue to preside over all cases involving
the synthetic chemical compound Paraquat Dichloride (MDL No.
3004).
x District Judge Staci M. Yandle shall continue to preside over all cases
filed against Honeywell International, Inc., alleging personal injury
and/or property damage from hazardous gas emitting from a plan
in Metropolis, Illinois.
x District Judge Staci M. Yandle shall continue to preside over all
asbestos cases.
x District Judge Stephen P. McGlynn shall continue to preside over all
newly filed civil cases challenging the legality and/or
constitutionality of Illinois statute 720 Ill. Comp. Stat. 5/24-1.9,
criminalizing the manufacture, possession, delivery, sale, or
purchase of certain firearms.
Any civil case currently assigned to a former or retired magistrate judge shall be
reassigned among the district’s three magistrate judges equally and randomly. Any
criminal case currently assigned to a former or retired magistrate judge shall be
reassigned to the duty magistrate judge. Any cases assigned to retired District Judge
David R. Herndon shall be reassigned to District Judge David W. Dugan; any cases
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assigned to retired District Judge Michael J. Reagan shall be reassigned to District Judge
Stephen P. McGlynn. 1 All other cases assigned to former or retired district judges shall
be reassigned among the district judges equally and randomly.
This Administrative Order SUPERSEDES and VACATES Administrative Order
386.
IT IS SO ORDERED.
DATED: May 16, 2025
____________________________
NANCY J. ROSENSTENGEL
Chief U.S. District Judge
1 This paragraph was amended by Administrative Order 404 to reflect what has been the practice in the
district since October 2020.
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