Every case has an assigned Magistrate Judge, and in civil cases the parties may consent to have the assigned Magistrate Judge try the case. In many cases, consent to refer the entire case to the Magistrate Judge may offer significant efficiencies and greater certainty in scheduling the trial. All counsel in civil cases should inform their clients of this option and discuss it with opposing counsel. 

Consent to Magistrate Form

The parties can and should work out most discovery disputes without judicial intervention. The Court will not hear or consider any discovery motion or non-dispositive dispute unless the movant has complied with the “meet and confer” requirement of Local Rule 37.2. This applies not only to motions to compel, but also to motions to quash discovery or for protective orders against discovery. The motion must state with specificity when and how the movant complied with Local Rule 37.2. The exchange of correspondence will not normally be sufficient to comply with Local Rule 37.2.

All parties should be fully prepared to argue any discovery motion on the date that it is presented. The Court most often will rule on discovery motions after hearing argument at the motion call and without briefing. If after hearing argument, the Court believes that the motion requires briefing, the Court normally will set an expedited briefing schedule so that the matter can be resolved promptly.

If the parties have reached an impasse regarding the discovery of voluminous records from a database, server or other electronic storage facility, before filing a motion to compel, the parties are required to meet and confer with an IT representative of the facility to be searched in order to determine the most effective way to retrieve the requested material. The party seeking the discovery must also bring its IT specialist to this meeting in order to discuss the proper format for the retrieval of the records.

Parties are reminded to notify the Court if they are withdrawing any previously filed discovery motions.

Parties are reminded that there is no “order” in which discovery must occur, and that one party’s failure or inability to respond to discovery will not excuse any other party’s prompt compliance. Parties are also reminded that the pendency of a motion, such as a motion to dismiss, does not operate as a stay of discovery.

Emergency matters must be of such a nature that a delay in hearing them would cause serious harm to one or more of the parties. Requests to set a hearing on an emergency motion shall be made to the courtroom deputy via email at susan_mcclintic@ilnd.uscourts.gov with as much advance notice as possible. All reasonable efforts must be made to give actual notice to opposing counsel.

The parties should use the Seventh Circuit’s Pattern Jury Instructions when possible, bearing in mind that statutory and binding case law govern over the pattern instructions. See the Final Pretrial Orders section for the requirements that parties must follow in drafting and presenting proposed jury instructions. 

Pattern Civil Jury Instructions

 

On the morning of jury selection, the parties will be given a copy of the list of potential jurors that is generated by the Clerk’s Office in random order. The entire venire will then enter the courtroom in that order, with the first fourteen jurors seated in the jury box, and the remaining prospective jurors seated in the gallery. The venire will be sworn after some introductory remarks by the judge. The prospective jurors in the jury box will then answer the questions contained in the juror questionnaire and any additional questions governing the case. Questioning will be conducted by the judge. Jurors will be given the opportunity to answer sensitive questions at sidebar if they wish. Once all questions have been asked of the first fourteen jurors, the judge will consult with the parties at sidebar as to additional follow-up questions, and will complete questioning of that group. Challenges for cause will be heard at sidebar.



The remaining jurors, after the first fourteen, will be questioned in the same manner. After the entire venire has been questioned and all challenges for cause have been resolved, the parties will submit peremptory challenges in writing simultaneously. Each side will have three peremptory challenges, and multiple defendants or plaintiffs will be considered a single side for purposes of making challenges. If the parties challenge the same juror, both sides will be charged for that challenge. Once peremptory challenges have been submitted, the challenged prospective jurors will be excused. The jury will consist of eight jurors. There are no alternate jurors. All jurors seated will be allowed to deliberate.

Typical Juror Questionnaire

The Court will usually set all newly filed cases for scheduling with an initial status report. The parties must file a joint written status report, not to exceed five pages in length by the deadline set by the Court. A template for the status report can be found below:

Initial Status Report

In addition to the 15-page limit on briefs, Local Rule 7.1, the Court applies the other format requirements of Local Rule 5.2(e) to electronically filed briefs. See Local Rule 5.2(e) for those page-size, font-size, margin, and spacing requirements.

Motions must be filed no later than the third business day before the motion is to be heard.

The Court will also consider motions at previously scheduled status hearings, so long as the notice requirements have been met.

Briefing schedules are generally set by Court order.

Trial dates and discovery cutoff dates will not be reset except by written motion. Motions to extend a discovery cutoff date or to reset a trial date, whether uncontested or contested, will normally require a court appearance.

Counsel should check the docket after 4:00 p.m. on the afternoon before the scheduled motion date to see if an appearance is necessary. Unless the court has told a party it need not appear, counsel is expected to be present whether or not the motion is agreed. Parties who require an immediate hearing on any emergency matter should contact the courtroom deputy via email at susan_mcclintic@ilnd.uscourts.gov for instructions on presenting the motion before the Court.

Documents should be filed in searchable OCR .pdf.

Before filing a motion, the movant’s counsel must ask opposing counsel whether there is an objection to the motion. If there is an objection, movant must note that fact in the body of the motion. Joint, uncontested, and agreed motions should be so identified in both the title and the body of the motion.

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.

Judge Shah follows the Local Patent Rules for the Northern District of Illinois in all patent cases, unless ordered otherwise. 

Local Patent Rules

LPR Appendix A

LPR Appendix B

/Pages.aspx?page=ProSe

Proposed orders on routine motions, such as motions for extensions of time, are unnecessary. Proposed orders should not be submitted for dispositive motions. Proposed Orders are not to be filed on the docket via CM/ECF; they are to be submitted to the judge as an attachment to an e-mail sent to Proposed_Order_Shah@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. All such documents must be submitted to the court in Microsoft Word format. Such proposed orders should also be served on all parties.

The Court’s final pre-trial order guidelines differ from those in Local Rule 16.1. The parties shall follow the format and guidelines linked below:

Proposed Pretrial Order Procedures

Search warrants or seizure warrants related to a case assigned to Judge Shah should be submitted to the duty magistrate judge. LCrR 41(a).

Parties who participate in a settlement conference with Judge Shah must follow the standing instructions for settlement conferences available at the link below. 

Settlement Conference Procedures

Generally speaking, Seventh Circuit decisions hold that dismissals “with prejudice” leave the Court without jurisdiction to enforce a settlement agreement. Accordingly, in most cases, the parties would be well advised to submit a proposed order that either (a) provides for dismissal with prejudice if the settlement terms have already been fulfilled (e.g., payment has been made), but make no reference to retention of jurisdiction; or (b) provides for the case to be “dismissed without prejudice with leave to reinstate on or before [date far enough in the future to fulfill all settlement terms]” and that “in the event a motion to reinstate is not filed on or before [date far enough in the future to fulfill all settlement terms], the case shall be deemed, without further order of the Court, to be dismissed with prejudice.”

Motions for summary judgment, responses, and replies must comply with Local Rule 56.1 (as amended in February 2021), as well as this standing order. All statements of undisputed material facts and their responses must be filed separately from the memoranda of law and must include the line, paragraph, or page number where the supporting material may be found in the record. See LR 56.1(d)(2), (e)(3).

The Local Rules are not mere technicalities. Failure to comply with the Local Rules may result in the Court striking briefs, disregarding statements of fact, deeming statements of fact admitted, and denying summary judgment. See LR 56.1(a)(3).

Motions to strike are disfavored. See LR 56.1(e)(2). Only on rare occasions is a motion to strike appropriate, such as when an entire brief or 56.1 statement is defective. When it is appropriate, the motion must be made promptly after the filing of the purportedly offending brief or statement. If a party contends that its opponent has included inadmissible evidence, improper argument, or other objectionable material in a LR 56.1 statement, the party should raise its objection in its response or reply brief, not in a motion to strike. See LR 56.1(e)(2), (g).

In complex cases, the Court might request that the parties submit a supplemental chart or organizational aid to summarize the material facts.

Parties should keep the following points in mind:

• A response to an asserted fact must controvert the fact, not introduce additional facts. Additional facts in a response will be ignored, see LR 56.1(e)(1)–(3);
• Parties should not raise facts in LR 56.1 statements that are immaterial or irrelevant to the _assets/_documents/_forms/_legal issues presented on summary judgment;
• LR 56.1 statements and responses should be concise and in short numbered paragraphs that address a single fact—multiple facts should not be asserted in the same paragraph;
• Parties must include specific references to the record (i.e., pincites, not blanket citations to an entire document or transcript), see LR 56.1(d)(2);
• Inferences and credibility arguments should not be asserted in LR 56.1 statements;
• One way—but by no means the only way—to organize LR 56.1 statements is to include section headers identifying the _assets/_documents/_forms/_legal element that the facts are intended to address; and
• Electronically filed documents and exhibits should be text searchable.

If you are representing yourself, please refer to Local Rule 56.2 - Notice to Pro Se Litigants Opposing Summary Judgment.