Example of a HIPAA Protective Order; Judge McShain’s Final Pretrial Order; Judge McShain’s Standing Order for Initial Status Report; ; Juror Questionnaire Template; Instructions for Settlement Conferences

=== Example of a HIPAA Protective Order ===

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION , , Plaintiff, v. Defendant. Case No. C QUALIFIED PROTECTIVE ORDER Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and 45 C.F.R. §164.512(e)(1), the Court finds good cause for the issuance of a qualified protective order and ORDERS as follows: 1. The parties and their attorneys are hereby authorized to receive, subpoena and transmit “protected health information” pertaining to Plaintiff to the extent and subject to the conditions outlined herein. 2. For the purposes of this qualified protective order, “protected health information” shall have the same scope and definition as set forth in 45 C.F.R. § 160.103 and 164.501. Protected health information includes, but is not limited to, health information, including demographic information, relating to either (a) the past, present, or future physical or mental condition of an individual, (b) the provision of care to an individual, or (c) the payment for care provided to an individual, which identifies the individual or which reasonably could be expected to identify the individual. 3. All “covered entities” (as defined by 45 C.F.R. § 160.13) are hereby authorized to disclose protected health information pertaining to Plaintiff to attorneys representing the Plaintiff and Defendant in the above-captioned litigation. 4. The parties and their attorneys shall be permitted to use or disclose the protected health information of Plaintiff for purposes of prosecuting or defending this action including any appeals of this case. This includes, but is not necessarily limited to, disclosure to their attorneys, experts, consultants, court personnel, court reporters, copy services, trial consultants, and other entities or persons involved in the litigation process. 5. Prior to disclosing Plaintiff’s protected health information to persons involved in this litigation, counsel shall inform each such person that Plaintiff’s protected health information may not be used or disclosed for any purpose other than this litigation. Counsel shall take all other reasonable steps to ensure that persons receiving Plaintiff’s protected health information do not use or disclose such information for any purpose other than this litigation. 6. Within 45 days after the conclusion of the litigation including appeals, the parties, their attorneys, and any person or entity in possession of protected health information received from counsel pursuant to paragraph four of this Order, shall return Plaintiff’s protected health information to the covered entity or destroy any and all copies of protected health information pertaining to Plaintiff, except that counsel are not required to secure the return or destruction of protected health information submitted to the court. 2 7. This Order does not control or limit the use of protected health information pertaining to Plaintiff that comes into the possession of the parties or their attorneys from a source other than a “covered entity,” as that term is defined in 45 C.F.R. § 160.103. 8. Nothing in this Order authorizes counsel for the Defendant to obtain medical records or information through means other than formal discovery requests, subpoenas, depositions, pursuant to a patient authorization, or other lawful process. 9. This Order does not authorize either party to seal court filings or court proceedings. The Court will make a good cause determination for filing under seal if and when a party seeks to file Plaintiff’s protected health information under seal. SO ORDERED. Dated: ______________________________ Heather K. McShain United States Magistrate Judge 3

=== Judge McShain’s Final Pretrial Order ===

MAGISTRATE JUDGE HEATHER K. MCSHAIN 219 South Dearborn Street Courtroom 1700 Chambers 1756 Chicago, IL (312) 435-3039 Pretrial Procedures and Preparation of Final Pretrial Orders for Civil Cases Before Judge McShain 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 McShain 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 e- mailed to [email protected] in Word or WordPerfect format, with two courtesy copies delivered to chambers. 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. Judge McShain does not require trial briefs in jury trials. Parties who wish to file a trial brief must seek leave of Court to do so. 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 15 pages per party (not per motion), and responses (not including exhibits) are likewise limited to a total of 15 pages per party. 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 Proposed Pretrial Order 1. Jurisdiction. State the jurisdictional basis for each claim. If the parties rely on either diversity jurisdiction or another jurisdictional basis that requires a threshold amount, then state whether the parties agree that the amount in controversy exceeds the amount and include a concise explanation of how the evidence supports that statement. 2. Trial Attorneys. List all attorneys trying the case, as well as contact information (business address, telephone number, and e-mail address). 3. Case Statement. Provide a concise agreed statement of the case to be read by the Court to the jury pool during jury selection. The statement must describe the nature of the case, claims, and defenses. This is a neutral description of the case, with just enough information to introduce the case to the jury and to ask potential jurors whether they happen to know anything about the case. 4. Damages Itemization. Plaintiff (and counter/cross-claimants, if any) shall itemize damages and other relief sought and provide a concise explanation of the evidentiary basis for each itemization. 5. Trial Length / Number of Jurors. State the estimated number of trial days, including jury selection and deliberations, premised on six-hour trial-testimony days (the six hours already account for lunch and breaks). Propose estimated time limits for (a) opening statements per side; (b) closing arguments per side (including an initial close and rebuttal for the plaintiff); and (c) the total number of hours of witness examination per side. Also, state the number of jurors that the parties recommend (subject to Federal Rule of Civil Procedure 48(a . 6. Stipulations and Uncontested Facts. In numbered paragraphs, state any stipulations and uncontested facts. No later than 10 business days before the 2 Proposed Pretrial Order’s due date, the parties must serve on each other proposed stipulations and uncontested facts. No later than 5 business days before the due date, the parties must confer in good faith to arrive at as many stipulations and uncontested facts as possible. 7. Witness Description Lists. Each party shall provide a list of the witnesses, including expert witnesses, divided into (a) witnesses who will be called; (b) witnesses whose testimony will be presented by deposition or other prior testimony (indicating whether the presentation will be by reading a transcript or playing a video); and (c) witnesses who might be called or whose testimony might be presented. For each witness, provide a very concise (2 or 3 sentences) description of the witness and the witness’s role in the case. For example: “George Washington is Plaintiff’s cousin. Washington witnessed the arrest of Plaintiff where Defendants allegedly used excessive force.” Or: “John Adams is Defendant’s Chief Operating Officer. Adams made promises concerning the timing of payments under the contract.” Witnesses who are not on the lists are barred from testifying unless the proponent shows good cause for the failure to disclose the witness. The names of witnesses on the lists will be read to the jury during jury selection to ensure that potential jurors do not personally know any witnesses. 8. Exhibits and Exhibit Charts. The parties must submit an exhibit chart, one each for Plaintiff’s exhibits and Defendant’s exhibits. The charts must state the following: (a) the exhibit number; (b) the date of the document or exhibit, if applicable; (c) a concise, neutral description of the exhibit; (d) a concise statement of the exhibit’s relevance; and (e) whether there is an objection to the exhibit’s admission, and if so, a concise explanation of the objection. The chart’s format shall be substantially similar to the example below (landscape orientation is encouraged). No. Date 1 02/15/06 2005 Description Performance Review Relevance Proves record of satisfactory job performance Objection R. 402 relevant; R. 403 confusion. Plaintiff fired in 2011. In addition to substantive exhibits and Rule 1006 summary exhibits, the chart should also include proposed demonstrative exhibits and any exhibits that are likely to be referred to at trial even though not allowed into evidence. For example, deposition transcripts of witnesses likely to be impeached, or documents likely to be used to refresh memory, should be included on the chart (and assigned an exhibit number and description). Any substantive exhibit not objected to shall be deemed admissible into evidence by this Order (note: for the exhibit to be actually entered into the record for 3 the jury’s consideration, the exhibit still must be referred to during trial testimony or otherwise published to the jury). Do not over-designate exhibits, because we will examine exhibits one-by-one during the pretrial conference, and plainly inadmissible exhibits will needlessly consume time. By the same token, the parties must limit the objections to only good-faith objections. Frivolous and boilerplate objections will waste time, because in preparation for the pre-trial conference, the Court will review, as much as possible, the exhibits and the objections. The parties shall stipulate to the authenticity of exhibits whenever possible. If a foundation objection is asserted and the offering party proffers a foundation that the Court believes overcomes the objection, the offering party still must lay the foundation at trial. As noted above, non-objected-to exhibits will be admissible into evidence by operation of this Order, without any need for further foundation testimony (remember, however, that the exhibit must still be referred to during trial testimony or otherwise published to the jury in order for the exhibit to be considered by the jury). But during the trial, for the jury’s sake and for the clarity of the record, still move the exhibit into evidence before publishing it to the jury. The Court will ask whether there is any “further” objection, so any pretrial objection is preserved. No later than one week prior to the final pretrial conference, the parties must submit to chambers 2 sets of exhibit binders containing copies of all objected-to substantive exhibits. Exhibits that will be used for impeachment purposes only need not be included in the binders. If, due to unforeseen circumstances during trial, a party wishes to introduce an exhibit not previously listed, notice should be given as soon as possible to the opposing side and to the Court so that any objections can be discussed. Absent abuse of this process, an exhibit will not be deemed inadmissible simply because it was not included on the original exhibit list, provided the exhibit/document was produced earlier to the opposing side during discovery. 9. Deposition Designations. If a party proposes to introduce a witness’s testimony via a deposition rather than live testimony, then the offering party must serve the page/line designations of the deposition transcript on the opposing party 10 business days in advance of the pretrial order’s due date. The opposing party must serve objections to designations (including a concise basis for the objection, like the Exhibit Chart) and also state the opposing party’s counter-designations (including counter-designations conditioned on an objection being overruled) 5 business days in advance of the pretrial order’s due date. The parties shall generate a joint chart, in page order, that sets forth the designation, objection, counter-designation if objection overruled, any counter-designations, and any objections to the counter-designations (again, with a concise basis for the objection, like the Exhibit Chart). The parties’ should include any objected-to portions of the designated deposition testimony in the exhibit binders submitted to the Court. 4 10. Motions in Limine. As noted above, motions in limine will be filed separately. In the Proposed Pretrial Order, each party must provide a list that very briefly summarizes its motions in limine and indicates whether they are opposed. For example: Defendant’s Motion in Limine No.1 to bar reference to Witness A’s drug use (Unopposed); Defendant’s Motion in Limine No. 2 to bar Witness B from trial (Opposed), etc. 11. Voir Dire Questions. Judge McShain will always ask routine biographical questions (a typical list is available on her website). Any additional questions sought by the parties must be listed in the Proposed Pretrial Order, divided into (a) agreed-upon questions and (b) proposed questions to which one party objects. A short basis for any objection should accompany the list. Each side is limited to 10 proposed disputed questions, unless a motion is filed before the pretrial conference that explains good cause for proposing more than the limit. 12. Jury Instructions / Verdict Forms. The parties must meet and confer in order to attempt to agree on as many jury instructions and verdict forms as possible. Where applicable, the Court generally prefers the Seventh Circuit’s Pattern Instructions. The proposed jury instructions must state, on an instruction-by- instruction basis, the following information: the proponent of the instruction, the legal authority for the instruction, and whether there is an objection to the instruction. If an instruction is disputed, the proponent of the instruction should concisely explain the basis for the instruction, if more explanation is required beyond the identified legal authority. Moreover, if an instruction is disputed, the objecting party must concisely state—on the page immediately following the instruction—the grounds for the objection, as well as any proposed modification or alternative. The same principles apply to proposed verdict forms. 13. Signature. The Proposed Pretrial Order must be signed (electronically) by counsel for each party. SO ORDERED. ______________________________ Heather K. McShain United States Magistrate Judge Dated: October 5, 2022 5

=== Judge McShain’s Standing Order for Initial Status Report ===

MAGISTRATE JUDGE HEATHER K. MCSHAIN 219 South Dearborn Street Courtroom 1025 Chambers 1068 Chicago, IL 60604 (312) 435-3039 STANDING ORDER FOR INITIAL STATUS REPORT This case has been assigned to Magistrate Judge McShain. An initial status report deadline has been set by minute order. The joint status report shall contain the following information: 1. Description of Claims and Relief Sought. a. Describe the claims and defenses raised by the pleadings, including the basis for federal jurisdiction. b. State the relief sought, including an itemization of damages. 2. Referral Cases. Describe the matter(s) referred to the magistrate judge. 3. Discovery Schedule. Identify any existing discovery cut-off dates. If no discovery schedule has yet been set and in referral cases, the case has been referred for discovery supervision, the parties should confer and submit the following information: a. b. c. d. The due date for Fed. R. Civ. P. 26(a)(1) disclosures. A date to issue written discovery requests. A fact discovery completion date. For claims involving medical conditions, fact discovery ordinarily includes treating physician depositions. If there will be expert discovery, an expert discovery completion date, including dates for the delivery of expert reports and rebuttal reports, (or summaries for non-retained expert testimony). if any 4. Consideration of Issues Concerning ESI. State whether the parties anticipate or are engaged in discovery of ESI in this case, and, if so, what agreements have been reached regarding ESI and whether there are any areas of disagreements regarding ESI. Please note the Court has adopted the Principles of the Seventh Circuit Electronic Discovery Pilot Program and the parties should be familiar with them. In a patent case, the Court will apply the Local Patent Rules for Electronically Stored Information. 5. Settlement. a. Describe the status of settlement discussions. b. State whether the parties believe a settlement conference would be productive at this time, and if not, briefly explain why. 2 6. Magistrate Judge Consent. State whether all parties will consent to have Judge McShain conduct all further proceedings in this case, including trial and entry of final judgment, in accordance with 28 U.S.C. § 636(c) and Federal Rule of Civil Procedure 73. 7. Pending Motions. Indicate the status of any pending motions. 8. Trial. In consent cases, state whether a jury trial is requested, the date when the parties expect to be ready for trial, and the probable length of trial. 9. Other Matters. State any other matters that should be brought to the Court’s attention for scheduling purposes. SO ORDERED. ______________________________ Heather K. McShain United States Magistrate Judge Dated: November 13, 2023 3

=== Juror Questionnaire Template ===

DATE Re: CASE CAPTION, CASE NUMBER Dear Prospective Juror: Welcome to the United States District Court for the Northern District of Illinois. Our system of justice depends on fair and impartial juries, and I thank you for your willingness to serve. I will describe the nature of this case and introduce you to the people involved in the trial. I will then ask you questions as to your qualifications to serve as a juror on this case. These questions are intended to focus on your ability to be totally objective and fair when serving as a juror in this particular case. If these questions do not specifically cover some matter that in your judgment could (or would) adversely affect your ability to serve as a juror in this case, you should bring the matter to my attention before the questioning process ends. Honesty and candor are crucial to selecting a fair and impartial jury. During the questioning period, I will first ask each of you to stand one at a time and tell us the following information: 1. Your name. 2. The name of the city, village, or town in which you live. (If you live in the City of Chicago, please tell us what part of the City.) Also, if you haven’t lived at your current home for more than 5 years, please tell us where else you have lived in the past 5 years. Do you rent or own your home? 3. How far did you go in school and what degrees do you have? Did you serve in the military? Did any members of your immediate family or your household serve in the military? 4. Your employment information for the past 10 years: a. name and nature of the business or employer, and where located; b. general description of your job duties. 5. Family and household information: a. If married, your spouse’s employment information for the past 10 years. b. If you have children, their ages and employment information (if any) for the past 10 years; and if any of them are married, the same employment information for your child’s spouse. c. If any other adult lives in your household, the same employment information about that person. 6. Whether you have ever sat on a jury before, and if so, whether that jury reached a verdict in the case (do not say what the verdict was). Please also explain whether you have any prior jury service related to a civil or criminal case or a grand jury. 7. Have you, someone in your immediate family, or a member of your household ever been involved in a lawsuit or a criminal case as a party or witness? 8. What are your major hobbies or interests? What do you like to read or watch? Where do you get your news? What television programs, if any, do you regularly watch? What internet sites do you regularly visit? 9. Attached is a list of names. These people may be witnesses or may be mentioned during the trial. Please review the list carefully and let me know if you believe you know someone on the list. After you and your fellow prospective jurors have answered these questions, I will ask some follow-up questions. Sincerely, __________________________ Heather K. McShain United States Magistrate Judge Witnesses or People Who May Be Mentioned at Trial CASE CAPTION, CASE NUMBER