here; Judge McLaughlin's Standing Order for Initial Status Report; Standing Order in Social Security Cases; Judge McLaughlin's Final Pretrial Order

=== here ===

MAGISTRATE JUDGE DANIEL P. McLAUGHLIN 219 South Dearborn Street Courtroom 1350 Chambers 1356 Chicago, Illinois 60604 312/435-7580 STANDING ORDER FOR SETTLEMENT CONFERENCES The Court believes the parties should fully consider settlement at the earliest reasonable opportunity in a 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. This Order sets out the procedures parties are to follow in preparing for a settlement conference with Judge McLaughlin, and the procedures the Court typically will employ in conducting the conference. Failure to comply with the procedures set forth in this Order may result in the unilateral cancellation of the settlement conference by the Court. 1. Before the Settlement Conference—Initial Status Hearing and Exchange of Settlement Statements The Court will hold a status hearing to set dates for the exchange of pre-conference settlement statements and for the settlement conference. Counsel primarily responsible for representing the parties must participate in this status hearing. Counsel should come prepared to discuss the availability of both attorneys and decisionmakers who will participate in the settlement conference, consistent with the requirements of this order. Particularly if the case is in the early stages of discovery, the parties should consider whether they have the necessary information to engage in meaningful settlement discussions and, if not, raise the issue during the status hearing. If a party is claiming an inability to pay a judgment, counsel should also raise this issue at the status hearing and should expect to provide verification of that fact prior to the settlement conference. Consistent with the schedule that is set, plaintiff’s counsel must submit a settlement statement to defendant’s counsel, describing the nature of the action, the theory of liability, itemization of damages, and plaintiff’s demand, including an explanation for it. Plaintiffs are expected to submit a demand 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 dispositive motions are filed and/or trial. Defendant’s counsel must thereafter submit a settlement statement to plaintiff’s counsel, describing the theory of defense and defendant’s offer, including an explanation for it. Defendants are expected to offer a number that does not assume that there will be no liability. Parties should address in their settlement statements 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); whether there are any outstanding lien holders, particularly a Worker’s Compensation lien or a Medicare lien; and, any and all non-monetary material terms that the parties seek (e.g., confidentiality, tax treatment of settlement proceeds). The parties’ statements should also detail their previous and ongoing efforts to settle the case. Settlement statements should be no more than 10 pages each. The Court does not accept courtesy copies. On the same day the parties provide their settlement statements to opposing counsel, the parties are required to submit their statements to the Court by e-mail. All settlement statements should be sent to the Court via the following email address: [email protected]. Exhibits to settlement statements should be attached to the email sent to the Court, or counsel may utilize an electronic file sharing service if necessary. 2 The parties’ settlement statements are not to be filed on ECF, will not be made part of the Court’s record, and will not be admissible as evidence. The parties should invest sufficient time and effort when preparing their settlement statements because the Court finds that thoughtful and detailed statements are critical to having productive settlement discussions. Parties are forewarned that failure to account for the risks and costs associated with proceeding with litigation in their settlement statements may result in the Court unilaterally canceling the settlement conference as a waste of the parties’ time and money, as well as Court resources. In some circumstances, after reviewing the parties’ settlement statements, the Court will set an off-the-record telephone conference 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 or parties know if/when this happens. All counsel are required to provide the full set of the settlement statements to their clients to read prior to the conference. On occasion, this exchange process itself will lead to a settlement. 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. 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. 2. Persons Required to Attend the Settlement Conference Individuals with full and complete settlement authority on behalf of the parties are ordered to personally participate in the entire settlement conference. An insured party shall participate 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 participate. 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 participate. Having a client or representative with authority reachable by telephone during the settlement conference is not an acceptable alternative, except 3 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 a half day 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 or position on 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. 3. Conference Format In an effort to make the process as efficient and productive as possible, the Court will discuss with the parties in advance their preference for conference format, whether it be by video conferencing or in person. Regardless of the chosen format, individuals participating in the conference are expected to be ready to begin at the scheduled time. For video conferences, this means that all participants will need to log in early and ensure that they do not have technical issues that preclude them from participating. The Court generally will follow a traditional mediation format, in which the Court initially meets with the participants together and then has private meetings with each side. The Court does not want the parties to prepare formal presentations about their case. Rather, the parties or their representatives should come to the settlement conference prepared to participate in interactive discussions. The Court encourages all participants to be willing to reassess their previous positions and explore creative means for resolving the dispute. Statements made during the settlement conference are not to be used in discovery and will not be admissible at trial. 4. Prepare for Success If the parties are successful in reaching an agreement, they will be required to detail the material terms of the settlement at the conclusion of the conference, so that the material terms are binding on the parties. Defendants that generally prefer a certain format of settlement agreement are encouraged to prepare it ahead of time and provide it to opposing counsel in advance of the settlement conference or, if that is not practicable, bring the draft agreement with them to the conference in the hope that it can be completed if the parties are successful in reaching a settlement. 4 5. Prohibition on Recordings and Photographs The parties are reminded that all communications with the Court on settlement, including the settlement conferences, ex parte calls, and hearings, whether by video, phone, or in person, cannot be photographed, recorded, or rebroadcasted. Any violation of these prohibitions may result in the imposition of sanctions. 6. Involvement of Clients For many clients, this will be the first time they have participated in a court-supervised settlement conference. Therefore, counsel is required to provide a copy of this Standing Order to the client and to discuss it with the client prior to the settlement conference. Additionally, counsel is required to provide copies of both parties’ settlement statements to their respective clients prior to the settlement conference, and to do so far enough in advance that their clients have a meaningful opportunity to review the materials. The Court expects the lawyers and the parties to be fully prepared to participate. The Court encourages all participants to keep an open mind in order to re-assess their previous positions and to find creative means for resolving the dispute. 7. Cancellation or Rescheduling of the Conference If the parties must reschedule, or if they conclude that a settlement conference is not necessary at this time, they should inform chambers as soon as possible by emailing: [email protected]. Counsel and parties are cautioned that failure to attend a scheduled 5 settlement conference without advance notice to the Court may result in the imposition of sanctions. SO ORDERED. ________________________________ Daniel P. McLaughlin United States Magistrate Judge Dated: October 2, 2024 6

=== Judge McLaughlin's Standing Order for Initial Status Report ===

MAGISTRATE JUDGE DANIEL P. McLAUGHLIN 219 South Dearborn Street Courtroom 1350 Chambers 1356 Chicago, IL 60604 312/435-7580 STANDING ORDER FOR INITIAL STATUS REPORT This case has been assigned to Magistrate Judge McLaughlin. 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. The due date for Fed. R. Civ. P. 26(a)(1) disclosures. b. A date to issue written discovery requests. c. A fact discovery completion date. For claims involving medical conditions, fact discovery ordinarily includes treating physician depositions. d. If there will be expert discovery, an expert discovery completion date, including dates for the delivery of expert reports and rebuttal reports, if any (or summaries for non-retained expert testimony). 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. 6. Magistrate Judge Consent. State whether all parties will consent to have Judge McLaughlin 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. 2 9. Other Matters. State any other matters that should be brought to the Court’s attention for scheduling purposes. SO ORDERED. ________________________________ Daniel P. McLaughlin United States Magistrate Judge Dated: October 2, 2024 3

=== Standing Order in Social Security Cases ===

MAGISTRATE JUDGE DANIEL McLAUGHLIN 219 South Dearborn Street Chicago, IL 60604 Courtroom 1350 Chambers 1356 312/435-7580 Courtroom Deputy – Melanie Foster Room 1358 312/435-7613 STANDING ORDER IN SOCIAL SECURITY CASES For cases coming before the Court for review of the decision of the Commissioner of Social Security denying benefits pursuant to 42 U.S.C. § 405(g), the Court hereby adopts the following procedures: A. PREVIOUS REMANDS If the case was previously remanded, the parties shall file a short joint statement within 14 days of assignment to Judge McLaughlin providing pertinent past case information. B. BRIEFING SCHEDULE Plaintiff’s brief in support of reversing or remanding the decision subject to review is due within 60 days of the filing of the administrative record; the Social Security Administration’s responsive brief is due 45 days after Plaintiff’s brief is filed; and Plaintiff’s reply brief, if any, is due 14 days after Defendant’s brief is filed. C. BRIEFING GUIDELINES 1. Plaintiff’s Opening Brief. In preparing a Social Security brief, Plaintiff should consider the following: a. Include only those facts that relate to the issues presented. It is not necessary to include Plaintiff’s entire medical history if it is not relevant to the issues raised. b. It is not necessary to spend several pages repeating the well- recognized standards for the five-part test. Cite cases that you believe accurately state the legal principles you wish the Court to apply. Make the Court aware of any relevant contrary authority. 2. Commissioner’s Response Brief. In responding to Plaintiff’s brief, the Commissioner should do the following: a. Consider whether a voluntary remand is appropriate under the law of this district and circuit. If so, please contact Plaintiff’s counsel and prepare the necessary stipulation. b. Supplement Plaintiff’s facts where needed for the issues presented. Do not feel compelled to repeat the facts. c. Cite to those portions of the record that constitute substantial evidence in support of the ALJ’s decision. ENTER: Date: October 2, 2024 DANIEL McLAUGHLIN United States Magistrate Judge 2

=== Judge McLaughlin's Final Pretrial Order ===

MAGISTRATE JUDGE DANIEL P. McLAUGHLIN 219 South Dearborn Street Courtroom 1350 Chambers 1356 Chicago, IL (312) 435-7580 Pretrial Procedures and Preparation of Final Pretrial Orders for Civil Cases Before Judge McLaughlin 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 McLaughlin 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 format, with two courtesy copies delivered to chambers. If the Proposed Pretrial Order has more than five exhibits, the courtesy copies must include tabs. 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 McLaughlin 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 2 stipulations and uncontested facts. No later than 10 business days before the 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 3 evidence by this Order (note: for the exhibit to be actually entered into the record for 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 4 exhibit binders submitted to the Court. 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 McLaughlin will always ask routine biographical questions. 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. ______________________________ Daniel P. McLaughlin United States Magistrate Judge Dated: December 8, 2025 5