A final pretrial conference will be held approximately one to two weeks before trial. The purpose of this conference will be to avoid surprises and to simplify the trial. At the conference, Judge McNally will address pending motions in limine, objections to witnesses and exhibits, and contested jury instructions, and will discuss trial procedures and scheduling. Lead trial counsel with authority to discuss all aspects of the case must attend.

Prior to the final pretrial conference, the parties shall jointly prepare and submit a Proposed Pretrial Order for the Court’s consideration that contains the sections and information described below. The Proposed Pretrial Order must be emailed to Proposed_Order_McNally@ilnd.uscourts.gov in Word format, with two courtesy copies delivered to chambers and all counsel included as cc: recipients. The subject line of the email must include the case number, case name, and title of the submission. 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. The Court will set a date for filing the proposed pretrial order.

Motions in Limine and Daubert Proceedings

The Court will set a separate schedule for the filing of motions in limine when it sets dates for the filing of the Pretrial Order. The Court discourages the filing of “boilerplate” motions in limine or motions that address matters not in dispute. The parties must confer on all motions in limine before filing them. 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.

Absent prior leave of Court, motions in limine (not including exhibits) are limited to a total of 3500 words per party (not per motion), and responses (not including exhibits) are likewise limited to a total of 3500 words per party. Typewritten and handwritten motions and response briefs may not exceed 15 pages. The page limit applies only if the petition is handwritten or typewritten. If the petition is produced using a computer, the word limit applies. These limitations do not apply to motions challenging the admissibility of Rule 702 expert testimony pursuant to Daubert v. Merrell Dow Pharmaceuticals, Inc. Such Daubert motions should be filed separately and as soon as reasonably possible, preferably well in advance of the final pretrial conference and the deadline for motions in limine.

Contents of Final Pretrial Order