; Example of a HIPAA Protective Order; Magistrate Judge Consent Form; Limited Consent Form; Final Pretrial Order form; FLSA Scheduling Order; Instructions for Settlement Conferences;

=== ISR-CMOFORM.pdf ===

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS WESTERN DIVISION _____________________________, Plaintiff(s), v. _____________________________, Defendant(s). Case No. ___________ Magistrate Judge Margaret J. Schneider PARTIES’ JOINT INITIAL STATUS REPORT AND PROPOSED CASE MANAGEMENT ORDER The parties submit this joint initial status report and proposed case management order in advance of the initial status hearing set for _________________. Pursuant to Fed. R. Civ. P. 26(f), a meeting was held on _______________ and was attended by: ______________________________________________________________ for Plaintiff(s) and ______________________________________________________________ for Defendant(s). The litigants affirm that they have carefully reviewed the policies and rules set forth in Judge Schneider’s standing orders on the Court’s website and understand they will be expected to fully explain any failure to comply with these procedures. I. Nature of the Case Including Legal Issues, Factual Issues, and Affirmative Defenses. For claims by or against only some parties, identify which. 1 II. Parties and Service. Identify each individual plaintiff: Identify each individual defendant as well as any issues with service. If more space is needed, attach additional pages to the end of this report. Defendant: Answer Due or Date Answered: List any potential party Defendant(s) may seek to add as a third-party defendant and the basis of their liability. III. Identify any Parallel Cases (including but not limited to possible MDL litigation, underlying criminal proceedings, or related litigation). The parties shall include the case number and the nature and status of the proceedings. 2 IV. Alternative Dispute Resolution. Counsel hereby certify that their clients have read the Western Division Alternative Dispute Resolution Plan, that counsel have discussed with their respective clients the available dispute resolution options provided by the court and private entities, and that counsel have given an estimation of the fees and costs that would be associated with the litigation of this matter, through trial, to their clients. Further, counsel have provided their clients with an estimate of the fees and expenses reasonably expected to be incurred through early successful mediation. Counsel certify that they have discussed the available ADR options with their clients and have considered how this case might benefit from those options. Lastly, if this is a fee shifting case, defense counsel certify they have discussed the advantages and disadvantages of making a Fed. R. Civ. P. 68 offer of judgment. The failure to comply with these requirements will result in sanctions. See Fed. R. Civ. P. 16(c), (f). Please select at least one of the below options: R. The parties have reviewed this Court’s standing order on settlement conferences and anticipate seeking a settlement conference with the Magistrate Judge: ○ immediately ○ after initial disclosures ○ after fact discovery ○ after expert discovery. S. The parties agree to private ADR. The mediator/arbitrator is ___________________ and the mediation/arbitration is scheduled for ___________________________. T. The parties request that this case be excused from ADR. The parties shall detail below the status of settlement discussions and the potential for future settlement: 3 V. Discovery Plan. The parties jointly propose to the Court the following discovery plan: A) Discovery will be needed on the following subjects: B) Fed. R. Civ. P. 26(a)(1) Disclosures will be exchanged by ______________. The Court requires full and proper Rule 26(a)(1) disclosures by all parties. Pro se incarcerated litigants are exempt (Fed. R. Civ. P. 26(a)(1)(B . C) Maximum of __________ interrogatories by each party to any other party. D) Maximum of __________ requests for admission by each party to any other party. E) Maximum of __________ depositions by Plaintiff(s) and __________ by Defendant(s). F) Each deposition [other than of ______________________________] shall be limited to a maximum of ________ hours unless extended by agreement of the parties. G) The deadline for the parties to: (1) file amended pleadings, add counts or parties, and file third-party complaints; or (2) file a motion for leave, when required by Fed. R. Civ. P. 13, 14, or 15, to amend pleadings, add counts or parties, and file third-party complaints is ____________________ (should be no later than 60 days before the close of fact discovery). H) Fed. R. Civ. P. 26(a)(2)(C) disclosures are due by ____________________ (should be not later than 30 days before the close of fact discovery). Absent unusual circumstances, the Court considers treating physicians to be Rule 26(a)(2)(C) witnesses if opinion testimony will be elicited from the physicians. I) Supplementations under Fed. R. Civ. P. 26(e) will be made in a timely manner, but no later than ____________________ (should be no later than 30 days before the close of fact discovery). J) Fact discovery cut-off is set for ____________________. 4 K) The parties anticipate retained expert discovery on the following subjects: Deadlines for retained expert discovery are reserved. The Court will address retained expert disclosures under Fed. R. Civ. P. 26(a)(2)(B) near the close of fact discovery, unless the parties express otherwise: L) All dispositive motions are reserved. The Court will address dispositive motions near the close of fact discovery. M) Counsel may not stipulate to extend discovery matters, including depositions, beyond dates already set in this case management order. N) These dates will not be amended absent a showing of good cause. The parties understand that motions for extensions of time should be brought as soon as possible, but at a minimum before the cut-off date, and a party’s failure to do so runs the serious risk that the motion will be denied. VI. Electronically Stored Information that can reasonably be anticipated to be relevant to the litigation will be preserved. When balancing the cost, burden, and need for electronically stored information, the Court and the parties will apply the proportionality standards embodied in Fed. R. Civ. P. 26(b)(1) and (b)(2)(B), as well as consider the technological feasibility and realistic costs of preserving, retrieving, reviewing, and producing electronically stored information. The parties and the Court will discuss and consider any appropriate and reasonable technologies that might further the goals of Fed. R. Civ. P. 1. Counsel should review the helpful information found at www.ediscoverycouncil.com, including the 7th Circuit Council on eDiscovery and Digital Information Model Discovery Plan. 5 VII. Claims of Privilege or of Protection. The parties shall detail below any agreements reached for asserting claims of privilege or of protection as trial-preparation material after information is produced, including whether they seek entry of their agreement as an order under Federal Rule of Evidence 502(d). See Fed. R. Civ. P. 16(b)(3)(B)(iv) and 26(f). Absent any specific agreement reached by the parties, the following provisions will apply: 1) The production of privileged or work-product protected documents, electronically stored information (“ESI”) or other information, whether inadvertent or otherwise, is not a waiver of the privilege or protection from discovery in this case or in any other federal or state proceeding. This Order shall be interpreted to provide the maximum protection allowed by Federal Rule of Evidence 502(d). 2) Nothing contained herein is intended to or shall serve to limit a party’s right to conduct a review of documents, ESI or other information (including metadata) for relevance, responsiveness and/or segregation of privileged and/or protected information before production. 6 VIII. Consent to the Magistrate Judge. (Must check one) o Consistent with Local Rule 73.1, all parties have appeared and consent to have the Magistrate Judge conduct all proceedings in this case, including trial, the entry of a final judgment, and all post-trial proceedings. o Not all parties will consent to proceed before the Magistrate Judge. Plaintiff(s): Defendant(s): Represented By: Represented By: _________________________________ Date _________________________________ Date Rev. 6/5/2025 7

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

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS WESTERN DIVISION Plaintiff, v. Defendant(s). Case No. __ CV ____ Mag. Judge Margaret J. Schneider 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, and any future parties and their attorneys, in the above- captioned litigation 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. § 160.103) are hereby authorized to disclose protected health information pertaining to Plaintiff, to attorneys representing Plaintiff and Defendant(s) 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 Plaintiff, except that counsel are not required to secure the return or destruction of protected health information submitted to the court. 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 Defendant(s) to obtain medical records or through means other than formal discovery requests, subpoenas, information 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 the parties seek to file Plaintiff’s protected health information under seal. See Local Rule 26.2. Dated: ________ Rev. 2/12/2021 BY: ______________________________ Margaret J. Schneider United States Magistrate Judge

=== Magistrate Judge Consent Form ===

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS Notice and Consent to Exercise of Jurisdiction By a United States Magistrate Judge Case Title: V. Case Number: Assigned Judge: Designated Magistrate Judge: Notice of a magistrate judge’s availability. A United States magistrate judge of this court is available to conduct all proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment. The judgment may then be appealed directly to the United States court of appeals like any other judgment of this court. A magistrate judge may exercise this authority only if all parties voluntarily consent. You may consent to have your case referred to the currently designated magistrate judge, or you may withhold your consent without adverse substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise be involved with your case. Consent to a magistrate judge’s authority. If all parties consent to have the currently designated United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of a final judgment, and all post-trial proceedings, they should sign their names below (electronically or otherwise). Should this case be reassigned to a magistrate judge other than the magistrate judge designated, pursuant to Local Rule 72.1, the undersigned may object within 21 days of such reassignment. If a timely objection is filed by any party, the case will be reassigned to the district judge before whom it was last pending. If no objection has been filed within 21 days, the parties will be deemed to have consented to the reassignment. NOTICE: This document is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Initial Status Report or proposed Case Management Order. Consult Local Rule 73.1 for further information. By: By: By: By: Date Date Date Date Amended November 4, 2021 Signature Name of Party or Parties Signature Name of Party or Parties Signature Name of Party or Parties Signature Name of Party or Parties

=== Limited Consent Form ===

Case Title: V. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS Limited Consent to Exercise of Jurisdiction By a United States Magistrate Judge Case Number: Assigned Judge: Designated Magistrate Judge: In accordance with the provisions of Title 28 U.S.C.§636(c), the undersigned party or parties to the above-captioned civil matter hereby voluntarily consent to have a United States Magistrate Judge conduct certain specific proceedings in this case, allowing for the magistrate judge to exercise the court’s jurisdiction to conduct any and all proceedings, including the entry of final judgment, as to the following motion(s): Description Date Filed ____________ Date By:______________________ ______________________________ Name of Party or Parties Signature ____________ Date By:______________________ ______________________________ Name of Party or Parties Signature ____________ Date By:______________________ ______________________________ Name of Party or Parties Signature ____________ Date By:______________________ ______________________________ Name of Party or Parties Signature Note: File this consent only if all parties have consented on this form to the exercise of jurisdiction by a United States magistrate judge. Should this case be reassigned to a magistrate judge other than the magistrate judge designated pursuant to Local Rule 72, the undersigned may object within 30 days of such reassignment. If an objection is filed by any party, the case will be reassigned to the district judge before whom it was last pending.

=== Final Pretrial Order form ===

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS WESTERN DIVISION No. Plaintiff(s), v. Defendant(s). FINAL PRETRIAL ORDER This matter having come before the Court at a pretrial conference held pursuant to Fed.R.Civ.P. (“Rule”) 16, and [insert name, address and telephone number] having appeared as counsel for plaintiff(s) and [insert name, address and telephone number] having appeared as counsel for defendant(s), the following action was taken: This is an action for [insert nature of action, e.g., breach of contract, personal injury] and the jurisdiction of the court is invoked under U.S.C. § . Jurisdiction is [not] disputed. All the following stipulations and statements were submitted and are attached to and made a part of this Order: (a) a comprehensive stipulation or statement of all uncontested facts, which will become a part of the evidentiary record in the case (and which, in jury trials, may be read to the jury by the court or any party); (b) for jury trials, a short agreed description of the case to be read to prospective jurors. (c) schedules of (1) all exhibits (all exhibits shall be marked for identification before trial), including documents, summaries, charts and other items expected to be offered in evidence and, (2) any demonstrative evidence and experiments to be offered during trial and (3) all objections to exhibits shall be listed. In addition, 14 days prior to trial the parties are each to submit a trial exhibit list (see sample form in District Clerk’s Office); (d) a list or lists of names and addresses of the potential witnesses to be called by each party, with a statement of any objections to calling, or to the qualifications of, any witness to be noted on the list; (e) stipulations or statements setting forth the qualifications of each expert witness in such form that the statement can be read to the jury at the time the expert witness takes the stand; (f) a list of all depositions, and designated page and line numbers, to be read into evidence and statements of any objections thereto; (g) an itemized statement of damages; (h) a concise statement of each claim against each party and any affirmative defense and waivers of any claims or defenses that have been abandoned by any party; (i) for a jury trial, each party shall provide the following: (1) one set of marked proposed jury instructions, verdict forms and special interrogatories, if any and (2) a list of the questions the party requests the court to ask prospective jurors in accordance with Fed.R.Civ.P. 47(a); (j) for a non-jury trial, the court will establish a time frame for the parties to file findings of fact and conclusions of law; (k) motions in limine; each side shall be limited to five motions in limine unless otherwise authorized by the Court. Motions in limine shall be included in the pretrial order and not filed as separate motions. Responses shall be filed within the time specified by the Court; and (l) a listing of any special equipment to be used at trial. Each party has completed discovery, including the depositions of expert witnesses (unless the Court has previously ordered otherwise). Except for good cause shown, no further discovery shall be permitted. Trial of this case is expected to take days. Mark Appropriate Line: Number of Jurors (No Less Than 6) Non-jury It is the parties’ preference that the issues of liability and damages should should not __________ be bifurcated for trial. On motion of any party or on motion of the Court, bifurcation may be ordered in either a jury or non-jury trial. Page 2 of 3 THIS ORDER WILL CONTROL THE COURSE OF THE TRIAL AND MAY NOT BE AMENDED EXCEPT BY CONSENT OF THE PARTIES AND THE COURT, OR BY ORDER OF THE COURT TO PREVENT MANIFEST INJUSTICE. Possibility of settlement of this case was considered by the parties. UNITED STATES MAGISTRATE JUDGE DATED: APPROVED AS TO FORM AND SUBSTANCE: Attorney for Plaintiff(s) Attorney for Defendant(s) Updated 11/05/2024 Page 3 of 3

=== FLSA Scheduling Order ===

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS WESTERN DIVISION _______________________________, Plaintiff(s), vs. _______________________________, Defendant(s). Case No. ___________________ Magistrate Judge Margaret J. Schneider FLSA SCHEDULING ORDER Pursuant to FED. R. CIV. P. 16, the Court finds it necessary to implement a schedule tailored to meet the particular circumstances of this case, which is based on the Fair Labor Standards Act (“FLSA”). Therefore, consistent with the just, speedy and inexpensive administration of justice (FED. R. CIV. P. 1), it is ORDERED that the provisions of FED. R. CIV. P. 16 and 26 (a)(1) concerning the initial disclosures and filing of a case management report are hereby waived in this case. Instead, the parties shall comply with the following schedules. 1. By _________________ [21 days from the date this Order is issued], the parties shall serve upon each other (but not file) copies of the following: Plaintiff:1 All documents in Plaintiff's possession, custody or control that pertain to the unpaid wages claimed in the Complaint. Defendant: All time sheets and payroll records in Defendant's possession, custody or control that pertain to work performed by Plaintiff during the time period for which Plaintiff claims unpaid wages. 1 If there is more than one plaintiff or defendant, the singular reference to plaintiff or defendant shall include the plural. 2. By _________________ [42 days from the date this Order is issued], and no earlier, Plaintiff shall answer the Court's Interrogatories (attached to this Order) under oath or penalty of perjury, serve a copy on Defendant, and file the answers with the Court entitled "Notice of Filing Answers to Court's Interrogatories." 3. In collective actions, an exchange of documents as referenced in Paragraph 1 shall occur with respect to opt-in Plaintiffs who join the action before the dissemination of a court- approved opt-in notice. The exchange of documents must occur within twenty days of their filing of opt-in notices with this Court, and such opt-in Plaintiffs must thereafter file and serve their respective answers to the Court's Interrogatories within an additional twenty days. 4. By _________________ [70 days from the date this Order is issued], after Plaintiff serves answers to the Court's Interrogatories, counsel for Plaintiff and Defendant must meet and confer in person in a good faith effort to settle all pending issues, including attorneys' fees and costs.2 The parties, including a representative of each corporate party with full settlement authority, must be available by telephone during the conference to consider and approve any settlement negotiated by counsel. Counsel must have full authority to settle, and must set aside sufficient time for a thorough, detailed, and meaningful conference that is calculated to fully resolve the case by agreement. 5. By _________________ [90 days from the date this Order is issued], after the settlement conference, counsel shall jointly file a Report Regarding Settlement that notifies the Court whether: (1) the parties have settled the case; (2) the parties have not settled the case but wish to continue settlement discussions for a specific period of time; (3) the parties wish to engage in a formal mediation conference before a specific mediator on or before a specific date; 2 In the case of an individual party not represented by counsel, the individual shall comply with the provisions of this Order. 2 (4) either party requests a settlement conference before the United States Magistrate Judge who upon the consent of the parties shall have the authority to approve the settlement as a “fair and reasonable resolution of a bona fide dispute” over FLSA issues without additional filings made by the parties; or (5) the parties have exhausted all settlement efforts and will immediately file a proposed Case Management Order3 signed by counsel for all parties. 6. The parties may consent to the conduct of all further proceedings in this case by the United States Magistrate Judge. Absent consent, the Magistrate Judge shall prepare a report and recommendation as to whether any settlement is a 'fair and reasonable resolution of a bona fide dispute' over FLSA issues. 7. Until the Court enters a case management order, all discovery in this case is STAYED, except as provided in this Order. 8. If no settlement is reached pursuant to these procedures, and this Court later grants a motion permitting notice to be sent to similarly situated individuals advising them of their right to opt-in to this action, the limitations period for any person receiving notice shall be tolled during the period from the date of this Order until the Court enters a case management order lifting the stay on these proceedings. 9. Should the parties settle the dispute at any later time, they must immediately advise the Court and promptly submit a joint motion to approve the settlement. 10. The Court expects strict adherence to these deadlines. Exceptions will be granted only for compelling reasons. Failure to comply may result in the imposition of sanctions, including but not limited to the dismissal of the case and the striking of pleadings. 3 The Case Management Order form is is available online at https://www.ilnd.uscourts.gov/judge cmp-detail.aspx?cmpid=1056. 3 11. Either party, for good cause shown, may move to alter this schedule should the circumstances so warrant. ENTERED: Rev.4/19/2019 By: ________________________________________ Margaret J. Schneider United States Magistrate Judge 4 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS WESTERN DIVISION ____________________________________, Plaintiff, v. ____________________________________, Defendant(s). Case No. __________ Magistrate Judge Margaret J. Schneider COURT’S INTERROGATORIES TO PLAINTIFF 1. During what period of time were you employed by the Defendant? 2. Who was your immediate supervisor? 3. Did you have a regularly scheduled work period? If so, specify. 4. What was your title or position? Briefly describe your job duties. 5. What was your regular rate of pay? 6. What is the nature of your claim (check all that apply)? Off the clock work (Defendant failed to record, or prohibited you from recording, all of your working time; Misclassification (Defendant mistakenly classified you as exempt from overtime); Miscalculation (Defendant failed to correctly calculate your compensation); Other (Please describe):____________________________________________________ 7. Provide an accounting of your claim, including: (a) dates (b) regular hours worked (c) over-time hours worked (d) pay received versus pay claimed (e) total amount claimed 8. If you have brought this case as a collective action: (a) Describe the class of employees you seek to include in this action. (b) Has an opt-in notice been filed for every potential opt-in Plaintiff who has identified himself or herself as a person who wishes to join this action? 9. Please specify all attorney's fees and costs incurred to date. With respect to attorney's fees, please provide the hourly rate(s) sought and the number of hours expended by each person who has billed time to this case. - 2 - 10. When did you (or your attorney) first complain to your employer about alleged violations of the FLSA? 11. Was this complaint written or oral? (If a written complaint, please attach a copy). 12. What was your employer’s response? (If a written response, please attach a copy). ____________________________________________ Date:___________________________ Signature of Plaintiff STATE OF ILLINOIS BEFORE ME personally appeared the plaintiff, who being first duly sworn, deposes and says that he/she has read the foregoing responses to the Court’s Interrogatories, knows their contents, and to the best of his/her knowledge and belief, the responses are true and correct. SWORN TO AND SUBSCRIBED before me on this _____ day of _______________________, 20_____. ____________________________________ NOTARY PUBLIC - 3 -

=== Instructions for Settlement Conferences ===

MAGISTRATE JUDGE MARGARET SCHNEIDER 327 SOUTH CHURCH STREET Courtroom 5300 Chambers 6300 Rockford, IL (779) 772-8037 STANDING ORDER FOR SETTLEMENT CONFERENCES The Court believes that the parties should fully consider settlement at the earliest reasonable opportunity in the case. Even if the case cannot be settled, early consideration of settlement often can result in focusing the issues to be litigated – which can save the parties considerable time and money. A settlement conference requires serious and thorough preparation. This Order sets out the procedures the parties are to follow in preparing for the settlement conference, and the procedures that the Court typically will employ in conducting the conference. Counsel must provide a copy of this Order to their clients and discuss these procedures with them before the settlement conference. A. Before the Settlement Conference - Setting a Date and Exchange of Proposals Once the Court has agreed to hold a settlement conference, the parties are to email Judge Schneider’s Operations Specialist with several options of agreed proposed dates order to set a date for the settlement conference. (Please avoid Tuesday and Thursday mornings as Judge Schneider has regularly scheduled court calls at that time.) Once the settlement conference is set, the Court will provide the parties with a schedule for submitting their position statements. Plaintiff’s counsel must submit a position statement to defendant’s counsel, describing the nature of the action, the theory of liability, itemization of damages, and plaintiff’s proposal, including an explanation for it. Plaintiffs are asked to include a proposal that is not what they expect to win at trial, but rather a number that takes into account the risk of loss and cost savings from settling before trial. Defendant’s counsel must submit a position statement to plaintiff’s counsel, describing the theory of defense and defendant’s proposal, including an explanation for it. Defendants are expected to offer a number that does not assume that there will be no liability. Position statements should be no more than 10 pages each. Both parties’ counsel are required to provide the full set of the settlement letters to their clients to read prior to the conference. On occasion, this exchange process itself will lead to a settlement. Indeed, the parties should have multiple discussions about settlement between the date the Court sets the settlement conference and the actual date of the conference. The parties should establish that each party has the necessary in meaningful settlement discussions. information to engage All settlement correspondence The parties are required to submit their statements to the Court by e- mail. to: [email protected]. If a statement (10-page limit) plus exhibits totals more than 25 pages, in addition to emailing a copy, it must also be three-hole punched and placed in a binder and mailed to chambers. These statements are not to be filed with the Clerk’s Office, will not be made part of the Court’s record, and will not be admissible as evidence. should be sent The parties should invest sufficient time and effort when preparing their statements because the Court finds that well-prepared and detailed settlement position statements are critical to having productive settlement discussions. Parties are encouraged to consider whether there are any areas of agreement; whether there are any creative solutions (e.g., licensing agreement, allowing the use of a trademark, re- employment); and whether there are any outstanding lien holders, particularly a Worker’s Compensation lien or a Medicare lien. In some circumstances, after reviewing the settlement letters, the Court will set a telephonic status hearing before the settlement conference to determine if it will be productive. The Court may also separately contact counsel for one or both parties but will let the other party know if/when this happens. The fact that a settlement conference has been scheduled does not mean that the parties should stop engaging in settlement discussions among themselves. The Court finds that too often the parties put settlement talks on hold until the settlement conference with the Magistrate Judge. The Court expects that many cases can be resolved among the parties without the need for court-supervised mediation. If your informal discussions are unsuccessful, the Court will conduct the conference but will expect the parties to apprise her of the status of their ongoing settlement discussions. The settlement conference letters required by this Order and the settlement conference are governed by Local Rule 83.5 relating to Revised June 8, 2017 Confidentiality of Alternative Dispute Resolution Proceedings. Settlement communications are confidential, including settlement conference letters and statements made during the settlement conference. These communications are confidential under Federal Rule of Evidence 408, as well as Western Division ADR Local Rule 4-10. The communications are also “confidential” in the generic, common understanding of the word. The Court expects the parties to address each other with courtesy and respect, but also to speak frankly and openly about their views of the case. B. Persons Required to Attend the Settlement Conference Individuals with full and complete settlement authority on behalf of the parties are ordered to personally attend the conference. An insured party shall appear with a representative of the insurer who is authorized to negotiate and who has authority to settle the case. If a party is an individual, that individual must personally attend. If a party is an uninsured corporation or governmental entity, a representative of that corporation or governmental entity (other than counsel of record) with authorization to negotiate and authority to settle the case must personally attend. Having a client or representative with authority available by telephone is not an acceptable alternative, except under the most unusual and extenuating circumstances (and must be approved by the Court ahead of time in those cases). Because the Court generally sets aside several hours for each conference, it is impossible for a party who is not present to appreciate the process and the reasons that may justify a change in one’s perspective towards settlement. Failure to comply with this provision without good cause will result in an order requiring the party in violation to reimburse the opposing party’s attorney fees and costs related to preparing for and appearing at the settlement conference. C. Conference Format The Court typically conducts settlement conferences remotely via video conferencing; however, the Court will hold a conference in-person if the parties’ request. The Court generally holds a joint session with short opening remarks and questions by the Court, generally with no opening presentations by the parties. This short, joint session will be followed by each party having private caucuses with the Court. The Court expects both the lawyers and the party representatives to be fully prepared to participate openly during these discussions. Statements made by any party during the settlement conference are not to be used in discovery and will not be admissible at trial. D. Prepare for Success If the parties are successful in reaching an agreement, they will be required to detail the terms of the agreement at the conclusion of the conference, so that the terms are binding on the parties. Defendants that generally prefer a certain format of settlement agreement are encouraged to prepare it as much as possible ahead of time and bring it with them to the conference, in the hope that it can be filled out with all the final terms if the parties are successful in reaching a settlement. E. Cancellation or Rescheduling of the Conference If the parties must reschedule, or if they have concluded that a settlement conference is not necessary at this time, they should inform chambers as soon as possible. Counsel are cautioned that failure to attend a scheduled settlement conference without court authorization may result in the imposition of monetary sanctions against them. SO ORDERED. ______________________________ Margaret Schneider United States Magistrate Judge Dated: Rev. July 1, 2025