• Linda Winstead
  (815) 987-4360

• Gale Graeff
  (815) 987-4360

• Joel Huotari
  (815) 987-4360

Standing Order Establishing Mediation Procedure

Western Division ADR Program Information

Addendum to Local Rule for Alternative Dispute Resolution Mediation

The attorneys are to comply with LR3.2 when filing the first pleading on behalf of a party. Magistrate Judge Mahoney will disqualify himself from hearing any case where he or his wife own stock in a public company including any affiliates.

A listing of Magistrate Judge and Mrs. Mahoneys’ current public company stock holdings.

The court hears motions on Wednesdays and Fridays at 1:30 P.M. Judge Mahoney requests that all motions (both e-filing and hard copies) noticed up for presentment should be received by chambers at least 48 hours prior to the motion call date. Pleadings that are filed electronically must be followed up with a courtesy hard copy to Judge Mahoney within 24 hours of the e-filing. An appropriate notice under the local rules must be given to all appropriate other parties.

If the following motions are uncontested, and are agreed, they need not be noticed up and presented in open court: Motion for Substitution of Counsel; Motion to Add Additional Counsel; Motion to File a Brief in Excess of 15 pages; Motion for an Initial Extension of Time to File Answer; Stipulation to Dismiss; and Motions to Cite Additional Authority. These motions should contain representation by counsel that the motion is agreed and should be captioned as such. These motions may be mailed to the Clerk of the Court and will be taken by the court as written motions to be ruled upon as soon as practicable. All other motions must be presented in open court pursuant to Local Rule 5.3(b).

All pretrial matters are referred to the Magistrate Judge, including the initial status conference, all discovery matters and all scheduling of motions. After the initial status between the court and the parties, the court will establish the date for presentment of the Case Management Order at an Initial Pretrial Conference.

The court will expect the parties to hold a 26(f) conference prior to the initial pretrial conference and will expect the parties to get a proposed Case Management Order to the court by the work day before the scheduled initial pretrial conference. Parties Proposed Case Management Order

Pursuant to Federal Rules of Civil Procedure 26(a)(1), the court expects the parties in the Case Management Order to establish the date for initial disclosures without waiting for a discovery request in the following areas: 1) name, address and telephone number of each individual likely to have discoverable information that the disclosing party may use to support its claim or defense unless solely for impeachment, identifying the subjects of the information; 2) identify or produce all documents, data, compilations and tangible things that are in the possession, custody or control of the party and that the disclosing party may use to support its claims or defenses, unless solely for impeachment (in the sense that they have to identify the location of the documents also); 3) a computation of any category of damages claimed by the disclosing party making available for inspection and copying as under rule 34, the documents or other evidentiary material not privileged or protected from disclosure on which such computation is based, including materials bearing on the nature and extent of injuries suffered; 4) for inspection and copying as under rule 34, any insurance agreements under which any person carrying on an insurance business may be liable to satisfy part or all of the judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment.

Parties are encouraged to try to resolve their disputes and, if at any time the court can be of aid, the parties should immediately contact the courtroom deputy and the court will attempt to aid the parties to whatever extent is reasonable, including holding a settlement conference. The parties are also encouraged to explore ADR and should notify the court if the court can be of any aid in that regard.

All litigants are directed to Local Rule 5.8 for the filing of material under seal. Also a standing order has been entered by Judge Reinhard as to the form that is to be attached to the envelope of the sealed document. Standing Order Implementing General Rule 10 of the Local Rules. Attached Form

The Magistrate Judge will not hear or consider any discovery motion unless there has been a 'meet and confer' meeting between the parties. Any motion for discovery or production of documents, shall state when and how the movant complied with the meet and confer meeting. Most often the court will rule upon discovery motions after oral argument at the motion call and without briefing. Local Rule 37.2 

Except to the extent specified by the court on motion of either party, discovery must be completed before the discovery closing date. Discovery requested before the discovery closing date, but not scheduled for completion before the discovery closing date, does not comply with this order.

The parties will be expected to comply with Local Rule 56.1 in regard to motions for summary judgment. Also, the parties are reminded of the admonition, required by the Seventh Circuit, as to what notice must be included in a motion for summary judgment when dealing with a pro se party. This notice should include both the text of Rule 56(e) and a short and plain statement in ordinary English that any factual assertion in the movant's affidavits will be taken as true by the district court unless the non-movant contradicts the movant with counter-affidavits or other documentary evidence.

Magistrate Judge Consent Form

The District Court has adopted the Standing Order Establishing Pretrial Procedure that has been adopted in the Northern District of Illinois, as modified by Judge Reinhard's Standing Order for the Final Pretrial Order and Final Pretrial Order form and Trial Exhibit List. 

Standing Order Establishing Mediation Procedure

Western Division ADR Program Information

Procedure for Examination of Jurors in a Civil Case

Trial Procedure - Civil Case - Jury Selection

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_Mahoney@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.