• Mary Ann Ralidak Braasch
  (312) 435-5624
  Room 1366

• Imelda Saccomonto
  (312) 435-5625

• John Lahn
  

EFFECTIVE IMMEDIATELY

All electronic filings must include a courtesy hard copy to Judge Ashman's chambers. Judge Ashman will hear motions on Tuesdays at 10:30 a.m. with a two (2) day notice.

Please note the new addition (2)  for II. Briefs (Memoranda of Law).

Download the PDF version of this standing order

I. Motions

Many motions do not require the parties' presence in court, such as an unopposed motion for an extension of time pursuant to Federal Rule of Civil Procedure 6(b). In order to use time most efficiently, this Court will decide as many motions as possible without requiring the parties to appear in court.

For motions that require the parties' presence in court, the following rules apply.

1. As a general rule, motions shall be noticed for Tuesday of each week. If a court appearance--e.g., a status hearing--has already been scheduled for a certain Monday, Wednesday, Thursday, or Friday, then motions may be noticed for that day. Emergency motions may be noticed for any day of the week with prior approval of the courtroom deputy. Motion call begins at 10:30 a.m.

2. Before any motion is filed, the moving party should consult with the nonmoving party to ascertain whether the motion is uncontested or contested. If the motion is uncontested, then the moving party should expressly note this in the title of the motion. If the motion is contested, and if briefing will be needed to resolve the motion, then the parties should attempt to agree on a reasonable briefing schedule. If the district judge has set a schedule to which the order of referral to this Court is subject, any agreed briefing schedule must be consistent with the district judge's schedule.

3. To present a motion properly to this Court, the moving party must file an original and one copy of the notice of motion and the motion itself. The caption of the case must designate Magistrate Judge Martin C. Ashman on the right-hand side along with the case number.

4. An affidavit or certificate of service must be attached to any motion. Motions to compel discovery pursuant to Federal Rule of Civil Procedure 37 will be denied unless an affidavit certifying compliance with Federal Rule of Civil Procedure 37(a)(2) is attached.

5. The notice of motion must specify the date on which moving counsel wishes to have the motion called in court.

6. The notice of motion and the motion itself must be filed in Chambers by 4:30 P.M. of the second business day prior to the date on which the moving party wishes to have the motion called in court. For example, motions to be called on Tuesday must be filed in Chambers by 4:30 P.M. the preceding Thursday.

7. Either party may telephone the courtroom deputy at 312/435-5625 or the secretary at 312/435-5624 to ascertain scheduling and other such information relating to a case. Any information acquired by one party should be shared with the other party. If a party fails to share information, and the failure to share such information results in the other party unnecessarily appearing in court, then the party who acquired the information may be held responsible for the costs of that appearance.

8. A last minute request by a party to reschedule the date of a motion call will not be granted unless an emergency or other compelling reason prevents that party's appearance.

9. If a motion on which oral argument is to be held is resolved prior to the date of oral argument, then the parties must notify the courtroom deputy immediately by telephone at 312/435-5625.

II. Briefs (Memoranda of Law)

The following rules apply to briefs.

1. Briefs shall be limited to fifteen pages.

2. Line spacing will be at least 2 lines (double spaced). Note: This minimum line spacing requirement differs from Local Rule 5.2(b). Line spacing in block quotes will be at least 1 line (single spaced).

3. Citations should follow The Bluebook: A Uniform System of Citation (17th ed. 2000).

4. When an unpublished opinion is cited in a brief, a copy of that opinion should be attached to the brief.

5. Briefs and exhibits submitted to this Court will be discarded ninety days after a ruling has been issued. (This does not include original documents or exhibits filed with the Clerk of the Court.)

III. Protective Orders

In light of the Seventh Circuit's holding in Jepson, Inc. v. Makita Elec. Works, Ltd., 30 F.3d 854, 858-59 (7th Cir. 1994), the following rules apply to protective orders.

1. This Court will not require the inclusion of an express finding of good cause in protective orders. Instead, it will review protective orders with care and in detail before signing them.

2. This Court's issuance of a protective order will constitute a determination, as required by Federal Rule of Civil Procedure 26(c), that good cause exists for its issuance.

3. A protective order issued by this Court will not, however, be given binding effect as a determination of good cause under Federal Rule of Civil Procedure 26(c) if, at any time after the issuance of the protective order, either party moves for relief from the limitations of the protective order. If a motion for relief from a protective order is filed, then this Court will engage in an appropriate balancing of the interests and make a new determination of good cause considering the facts at that time.

4. Before requesting that Judge Ashman enter a protective order to preserve the confidentiality of materials disclosed in discovery, counsel shall carefully review the following: (a) Federal Rule of Civil Procedure 26(c); (b) the decisions of the Seventh Circuit in Jepson, Inc. v. Makita Elec. Works, Ltd., 30 F.3d 854 (7th Cir. 1994), Citizens First Nat'l Bank v. Cincinnati Ins. Co., 178 F.3d 943 (7th Cir. 1999), and Union Oil Co. v. Leavell, 220 F.3d 562 (7th Cir. 2000); and (c) in a case that is before Judge Ashman on referral for discovery supervision, any standing order or instructions from the District Judge regarding protective orders.

   Judge Ashman will not enter a protective order, even if agreed, that does not comply with the requirements set out by the Seventh Circuit and the assigned District Judge. If the protective order anticipates that any documents or confidential materials submitted to the court are to be filed under seal, the protective order must include, at a minimum, the following: a carefully-drafted definition of the materials to be protected, with an explanation of why these documents are entitled to protection, consistent with the Seventh Circuit's descriptions of what is protectable; and an explicit procedure under which a party or interested member of the public can challenge the confidential designation of particular documents that have been filed under seal. Any designation of materials as "confidential" must be made in good faith by counsel, not by the client, and each page of confidential material must be marked "confidential." The order should set out a procedure for the use of confidential documents at the depositions of witnesses, and identify the persons who may be given access to confidential materials. The order must further provide that nothing in the order shall be construed to affect the admissibility of any document, material or information at any trial or hearing; any request for confidentiality, closure or sealing of any hearing or trial must be made to the judge then presiding. All protective orders must contain the following language: The parties are ordered to retain copies of all documents containing confidential information which are provided in discovery under the protective order. Documents containing confidential information shall NOT be filed with the Clerk of Court. Documents requiring the Court's review shall be submitted to chambers in camera in a sealed envelope bearing the caption of the case, case number, the title of the motion or response to which the submitted confidential information pertains, and the name and telephone number of counsel submitting the documents. The producing party shall maintain the original documents intact for any further review. A redacted copy of the pleading shall be filed with the Clerk of Court for the record.

   The foregoing are minimum requirements. Counsel should, in addition, anticipate possible areas of future dispute and attempt to set out agreed procedures in advance to deal with them, appropriate to the nature of the case.

IV. Letters From Counsel

Counsel shall not write letters to this Court, nor send any correspondence between the parties to this Court, in connection with a pending action unless the letter or correspondence is sent for purposes of settlement, see Standing Order on Setting Settlement Conferences, or the letter is sent to apprise this Court of any materials being delivered to Chambers, see Section II, supra.

Dated: March 14, 2006

Download the PDF version of this standing order

This case has been set for a settlement conference before Magistrate Judge Martin C. Ashman. All parties and their lead counsel are hereby ORDERED TO APPEAR at the Dirksen Federal Building, 219 South Dearborn Street, Chambers Room 1366, Chicago, Illinois, on the date and time set forth in the attached minute order.

SETTLEMENT CONFERENCE PREPARATION

Over 95% of all civil suits are settled prior to trial. Therefore, settlement preparation should be treated as seriously as trial preparation. Planning is essential because the party who is best prepared obtains the best result. The Court has found that the following points are essential to a successful settlement conference.

A.    Format

1. Presettlement Conference Demand and Offer. Settlement conferences are generally unproductive unless the parties have exchanged demands and offers before the conference and have made some attempt to settle the case on their own. Accordingly, at least fourteen (14) days prior to the settlement conference, the plaintiff shall submit a written itemization of damages and settlement demand to defendant. No later than seven (7) days prior to the settlement conference, defendant shall submit a written offer to plaintiff. Oftentimes, this process will lead directly to a settlement. If settlement is not achieved, the parties shall deliver or fax to Judge Ashman's chambers, but not file, two (2) business days before the conference, copies of the last written settlement demand and offer.

2. Attendance of All Parties Required. Parties with ultimate settlement authority must be personally present. A plaintiff or its representative with the authority to settle for an amount as low as the existing settlement offer must personally appear. A defendant or its representative with the authority to settle for an amount up to the limits of the existing settlement demand must personally appear. ⁽¹⁾

Because the Court generally sets aside at least two hours for each conference, it is impossible for a party who is not present to appreciate the process and the reasons which may justify a change in one's perspective towards settlement. Having a client, with authority, available by telephone is not an acceptable alternative, except under the most extenuating circumstances. ⁽²⁾ Violation of this rule may result in severe sanctions.

3. Mediation Format. The Court will generally use a mediation format: opening presentations by each side followed by a joint discussion and private caucusing by the Court with each side. Judge Ashman may, on occasion, make recommendations for settlement. Clients may be present at part but not all of the conference. If there are any objections to this format, they must be made prior to the date of the conference.

4. Statements Inadmissible. Statement made by any party during the settlement conference will not be admissible at trial in the event a settlement is not reached. Parties are encouraged to be frank and open in their discussions.

5. Other ADR Processes. If the parties desire private mediation, arbitration, mini-trial or other procedure, they should immediately advise the minute clerk, who will arrange a conference call with the Court to discuss the options.

B.   Issues To Be Discussed At Settlement Conference

Parties should be prepared to discuss the following at the settlement conference.

1. What issues (in and outside of this lawsuit) need to be resolved? What are the strengths and weaknesses?
     
2. What are your objectives in the litigation?
     
3. What are the points of agreement and disagreement between the parties? Factual? Legal?
     
4. What are the impediments to settlement?
     
5. What remedies are available through litigation or otherwise?
     
6. Are there possibilities for a creative resolution of the dispute?
     
7. Do you have enough information to discuss settlement? If not, how will you obtain sufficient information to make a meaningful settlement discussion possible?
     
8. Do you understand the opposing side's view of the case? What is wrong with their perception? What is right with their perception?

C.   Involvement of Clients

For many clients, this will be the first time that they have participated in a Court supervised settlement conference. Therefore, counsel shall provide a copy of this Standing Order to the client and shall discuss the points contained herein with the client prior to the settlement conference.

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1. In certain cases, this means that an insured party shall appear by a representative of the insurer who is authorized to negotiate, and who has authority to settle the matter to these limits. An uninsured corporate party shall appear by a representative authorized to negotiate, and who has authority to settle the matter to these limits.

2. The purchase of an airplane ticket is not an extenuating circumstance.

Download the PDF version of this standing order

At the option of the court in any case, the following shall constitute the final pretrial order format for consent cases:

The parties shall jointly prepare and submit the following to Judge Martin C. Ashman's courtroom deputy or to chambers no later than fourteen (14) days prior to the trial date:

1. Statement of jurisdiction.

2. Concise statement of the claim(s) of plaintiff(s), defense(s) of defendant(s), and all counterclaims and cross claims. In a jury case, this statement will be read to the jury during voir dire.

3. An agreed statement or statements by each party of the contested issues of fact and law and a statement or statements of contested issues of fact or law not agreed to.

4. A trial brief by each party (unless waived by the Court).

5. Itemization of damages.

6. A list of names and addresses of all witnesses: (a) who will be called; (b) who may be called; and (c) whose deposition will be used. In a jury case, this list will be read to the jury during voir dire.

7. A list of names and addresses of all expert witnesses who will be called.

8. A schedule of all exhibits a party may introduce at trial, identified by number to be used at trial. The opposing party shall state which of the exhibits are objected to and the basis for the objection.

9. Expected length of trial.

10. Indicate whether jury or bench trial.

11. A statement summarizing the current status of settlement negotiations.

12. In a bench trial, proposed findings and conclusions are to be filed two (2) business days before the trial date. Trial briefs are not necessary.

13. In a jury trial, the parties are instructed to meet and agree on the jury instructions and to file proposed instructions with final pretrial order. Any proposed voir dire special to the case should be included in the final pretrial order.

14. Motions in limine shall be filed twenty-one (21) days before trial and responses fourteen (14) days before trial.

15. A final pretrial conference to discuss the trial will be held approximately one week prior to trial. The purpose of this conference shall be to avoid surprises and to simplify the trial.

Download the PDF version of this standing order

This case comes before the Court on consent of the parties for review of the decision of the Commissioner of Social Security denying social security benefits to Plaintiff. The Court hereby adopts the following procedures for the disposition of this case pursuant to 42 U.S.C. § 405(g):

MOTION AND BRIEFING GUIDELINES

A. Pleadings Format

A social security appeal shall commence with the Complaint filed by Plaintiff. The Commissioner shall respond with an Answer as in any other civil case. The Commissioner shall also file the administrative record. In addition to the Complaint and Answer, the following shall be filed:

1. Plaintiff's brief in support of reversing or remanding the decision of the Commissioner;
2. Commissioner's response brief in support of affirming the decision of the Commissioner; and
3. Plaintiff's reply brief.
   

No motions (e.g.: motions for summary judgment; motions for judgment on the pleadings; or motions to affirm, reverse or remand) shall be filed.

B. Plaintiff's Brief

In preparing a social security brief, Plaintiff should the following:

1. Identify the specific grounds for reversal or remand early in the brief (e.g.: the ALJ erred by failing to discuss the treating physician's recommendation that Plaintiff is disabled, or the ALJ erred by failing to include the limitations with Plaintiff's right hand in the hypothetical to the vocational expert). Be as specific as possible.
2. State clearly the relief requested.
3. 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.
4. It is not necessary to spend three to four pages repeating 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. Make the Court aware of relevant contrary authority.
5. Attach a copy of the ALJ's decision as an exhibit to the brief.

C. Commissioner's Response Brief

In responding to Plaintiff's brief, the Commissioner should do the following:

1. Consider whether a voluntary remand is appropriate. If so, please contact Plaintiff's counsel and prepare the appropriate stipulation.
2. Supplement Plaintiff's facts where needed for the issues presented. Do not feel compelled to repeat the facts.
3. Cite those portions of the record that constitute substantial evidence in support of the ALJ's decision.

D. Oral Argument

Judge Ashman does not conduct oral argument in social security cases.

Proposed Orders are technically not to be "filed." Rather, they are to be "submitted" to the judge to consider, to modify, if appropriate, and to 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, Proposed_Order_Ashman@ilnd.uscourts.gov  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 as indicated on the Notice of Electronic Filing (NEF). All such documents must be submitted to the court in a format compatible with WordPerfect, which is a "Save As" option in most word processing software. Such proposed orders should also be served on all parties.