Magistrate Judge Consent Form; Standing Order for Settlement Conferences.; Standing Order for Joint Initial Status Reports; Standing Order for Initial Status Conference; Format for Motions and Briefing; Discovery-related Motions; Disputes Arising During Depositions; Sample ESI Order; Sample HIPAA Qu

=== Magistrate Judge Consent Form ===

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS Consent to Exercise of Jurisdiction By a United States Magistrate Judge Case Number: Assigned Judge: Designated Magistrate Judge: Case Title: V. 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 any and all further proceedings in this case, including trial, and order the entry of a final judgment. 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. __________ By:______________________________ ________________________________ Date Signature Name of Party or Parties __________ By:_______________________________ ________________________________ Date Signature Name of Party or Parties __________ By:_______________________________ ________________________________ Date Signature Name of Party or Parties __________ By:_______________________________ ________________________________ Date Signature Name of Party or Parties Note: File this consent only if all parties have consented on this form to the exercise of jurisdiction by a United States magistrate judge

=== Standing Order for Settlement Conferences. ===

SETTLEMENT CONFERENCES Judge McNally believes the parties should fully explore and consider settlement at the earliest opportunity. Early consideration of settlement can prevent unnecessary litigation, allowing the parties to avoid the substantial cost, distraction, and stress inherent in the litigation process. Even for those cases that cannot be resolved through settlement, early consideration of settlement can allow the parties to better understand the factual and legal nature of their dispute and streamline the issues to be litigated. Consideration of settlement is a serious matter that requires thorough preparation before the settlement conference. Set forth below are the procedures that Judge McNally will require the parties to follow and the procedures that she will employ in conducting the conference. Before the Settlement Conference—Telephonic Status Hearing and Exchange of Settlement Statements The Court will generally hold a telephonic status hearing to set dates for the settlement conference and the exchange of pre-conference settlement statements to opposing counsel and the Court. Counsel primarily responsible for settlement discussions must participate in this telephonic status hearing. Counsel should come prepared to discuss the availability of both attorneys and all 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 telephonic status hearing. If a party is claiming an inability to pay a judgment, counsel should also raise this issue at the telephonic status hearing and will be expected 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. This document should not be viewed as an informal draft of proposed findings of fact and conclusions of law. Instead, the document is best understood to be the plaintiff’s best effort to explain to the defendant why settlement now would be fair and would satisfy the defendant’s needs and interests. 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. Again, this document should not be viewed as an informal draft of proposed findings of fact and conclusions of law. Instead, the document is best understood to be the defendant’s best effort to explain to the plaintiff why settlement now would be fair and would satisfy the defendant’s needs and interests. Defendants are expected to offer a number that does not assume that there will be no liability, 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. The parties must include in their statements the names of all individuals who will be attending the settlement conference, along with their role. Insured parties must include the identity of any insurer representative who will be attending as well. Third parties other than insurer representatives may attend the settlement conference only upon the consent of all other parties and leave of court. Parties are encouraged to consider addressing in their settlement statements whether there are any areas of agreement; whether there are any creative solutions (e.g., licensing agreement, going-forward business terms, re-employment); whether there are any outstanding lien holders, particularly a Worker’s Compensation lien or a Medicare lien; the impact of potential insurance coverage; and, any and all non-monetary material terms that the parties seek (e.g., confidentiality, non-disparagement, tax treatment of settlement proceeds). Settlement statements should be no more than 10 double-spaced pages each. The proposals set forth in the settlement letters are to be understood as opening positions for the settlement conference. Unless a proposal in the letter is accepted before the settlement conference, attendance at the settlement conference is an acknowledgement that further compromise will be required of each side. If a party is not willing to move from the terms set forth in the settlement letter, it must disclose that position to the Court and to the other parties in advance of the settlement conference. In all likelihood, the Court will thereafter cancel the settlement conference. 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, if any, to settlement statements should be attached to the email sent to the Court, or counsel should utilize an electronic file sharing service and the Court will download the exhibits. 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 in this action or in other litigation related to this dispute. 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 Court encourages the parties to continue discussions after the letters are exchanged and in advance of the settlement conference. In most circumstances, after reviewing the parties’ settlement statements, the Court will contact counsel, either jointly or separately for off-the-record discussions. If separate conferences are held, the Court will inform the other parties of those communications. Persons Required to Attend the Settlement Conference Except in the rarest of circumstances, individuals with settlement authority on behalf of the parties are ordered to personally participate in the entire settlement conference. If the settlement is expected to involve funds from an insurer, the insurer representative must attend with authority to discuss financial contributions and other terms. If the insurer has reserved rights, the insurer shall attend and be prepared to evaluate, at a minimum, any request to consent to settlement. Absent agreement of the parties and leave of court, if a party is an individual, that individual must personally participate. If a party is a 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. That attendance obligation exists whether or not the financial obligations of settlement will be borne exclusively by an insurer. Having a client or representative with authority reachable by telephone during the settlement conference 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). 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. Occasionally, such as in cases involving certain public entities, settlements require separate board or governmental ratification of proposed terms. In such cases, counsel must advise the Court and all parties of this restriction in the settlement letter and must identify the legal basis for this requirement. The parties will be expected to discuss the limitations arising from these requirements in a pre-conference call with the Court. Conference Format Unless the parties request that a settlement conference take place in person in the courthouse, the settlement conference will proceed remotely via videoconference. The Court will provide instructions in advance of the settlement conference regarding the videoconference platform the Court will utilize for the conference. At the start of the conference, the Court will hold a joint session with short opening remarks and questions by the Court. The parties may wish to make opening statements in this initial joint statement. If so, that topic should be raised with the Court prior to the conference. The Court welcomes productive opening statements and encourages the parties to introduce attendees, communicate a willingness to explore resolving the dispute, and express appreciation for the other party’s shared goal in that regard. Opening statements that are designed to convince the other side that it will lose the case are counterproductive. If a party believes such an advocacy-style statement is needed at some point in the day, the party may raise that idea with the Court in a private caucus. The 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 confidential, are not to be used in discovery, and will not be admissible at trial. Documenting the Agreement 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. Parties 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. 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 (via email to [email protected]) as soon as possible. Counsel and parties are cautioned that failure to attend a scheduled settlement conference without advance notice to the Court may result in the imposition of monetary sanctions against them.

=== Standing Order for Initial Status Conference ===

Initial Status Conferences In many cases, the court will set an initial status conference to discuss the topics specified above in the initial status report section above as well as the nature and timing of settlement discussions. In other words, although the publicly-filed joint status report need not address settlement discussions, counsel must come to the initial status conference prepared to address settlement discussions. For represented parties, an attorney with substantial familiarity with and responsibility for the case shall appear at the initial status conference. Represented parties are not required to attend, so long as counsel is prepared to proceed with discussion on the topics above without their clients in attendance. Pro se parties must attend the initial status conference.

=== Format for Motions and Briefing ===

Format for Motions and Briefing Local rule 7.1 provides for a 15-page limit on briefs but does not specify typeface or size. To discourage use of Times New Roman and encourage liberal use of more reader- friendly typefaces such as Palatino, Century Schoolbook, Garamond (14-pt type please), or Book Antiqua, the Court will require the following limits on briefs absent leave of court upon a showing of good cause: Opening and response briefs may not exceed 3500 words, and reply briefs may not exceed 2500 words. The word count calculation need not include the case caption, title, tables of contents or authority, or signature blocks. Each motion shall include a word-count certification. Typewritten and handwritten opening and response briefs may not exceed 15 pages, and such reply briefs may not exceed 10 pages. The page limit applies only if the petition is handwritten or typewritten. If the petition is produced using a computer, the word limit applies. The Court strongly encourages counsel to follow the Seventh Circuit’s advice regarding typography, which is included in its Practitioner’s Handbook, starting at page 170. The relevant excerpt can be found here: https://www.ca7.uscourts.gov/forms/type.pdf All electronically-filed motions and supporting briefs must be generated by printing to PDF from the original word processing file so that the text of the motion is searchable. In other words, parties should not print a paper copy of the document and then scan it to create a PDF version to be filed. This type of PDF is not searchable. The scanning method may be used only for exhibits and appendix or reference materials. The Court prefers that citations to unpublished opinions be Westlaw citations. To the extent possible, briefs and other filings (such as Rule 56.1 statements of fact) should cite exhibits by the ECF docket number and page, not exhibit number.

=== Discovery-related Motions ===

Discovery-Related Motions The Court encourages the parties to take full advantage of the meet and confer process and to work together to narrow discovery-related disputes. In the discovery conference, the parties are expected to explore options by which the requesting party can obtain what it needs while taking account of the reasons for the responding parties’ objections. It is not uncommon for one party to not foresee why its request will trigger far more materials than it actually needs or wants; and conversely, it is not uncommon for the responding party to be in a better position to craft a more narrowly-tailored request that still provides that needed materials. The parties should be open to compromises that leave the door open for expanded requests if the initial responses do not sufficiently address the requesting party’s articulated needs. The Court reminds the parties of Federal Rule of Civil Procedure 37(a)(5), which requires the Court to award the winning side fees and costs unless the losing party’s position was substantially justified or awarding fees and costs would be unjust. Discovery cutoff dates generally will not be reset except by good cause shown. All discovery disputes requiring Court intervention should be brought to the Court’s attention well before the relevant discovery cutoff. Parties raising a discovery dispute after the cutoff must demonstrate that the dispute could not have been raised before the deadline. If the parties informally agree to conduct discovery after the discovery cutoff but do not move for an extension, any discovery disputes raised after the cutoff will be viewed as presumptively waived. Discovery motions should not be noticed for presentment in accordance with Local Rule 5.3(b). The Court will review the motion and determine whether a hearing is necessary. Response briefs should not be filed absent order of the Court. If the Court determines a hearing is necessary, it will be scheduled by chambers and will either be in person, videoconference, or telephone depending on the circumstances. All parties must be fully prepared to argue the motion on the date of the hearing. The Court ordinarily will decide discovery motions on the date of the hearing and without briefing.

=== Disputes Arising During Depositions ===

Disputes Arising During Depositions The Court recognizes that in some circumstances, a same-day resolution to a dispute during a deposition can save the litigants time and expenses. If, in the judgment of at least one of the parties at the deposition, the Court’s same-day intervention would further the just, speedy, and inexpensive determination of the matter, and if the dispute reasonably can be presented briefly and orally, such party is welcome to telephone chambers to request a same-day hearing. The Court expects that this will be the exception and not the rule, but the Court will make every attempt to make itself available on that same day. If a hearing is not conducted at the time of the call or later in the day, the parties should continue the deposition and reserve the disputed issue for determination. See Fed. R. Civ. P. 30(c)(2). All same-day hearings shall be conducted on the record as transcribed by the retained private court reporter, with the hearing transcript prepared and filed on an expedited basis to ensure public access.

=== Sample ESI Order ===

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ____________________, Plaintiff, v. ____________________, Defendant, Case No. ___________________ District Judge Magistrate Judge Laura K. McNally [MODEL] STIPULATED ORDER FOR DISCOVERY OF ELECTRONICALLY STORED INFORMATION FOR STANDARD LITIGATION 1. PURPOSE This Order will govern discovery of electronically stored information (“ESI”) in this case as a supplement to the Federal Rules of Civil Procedure and any other applicable orders and rules. 2. COOPERATION The parties are aware of the importance the Court places on cooperation and commit to cooperate in good faith throughout the matter consistent with this Court’s Guidelines for the Discovery of ESI. 3. ESI LIAISON The parties have identified liaisons to each other (in-house or retained) who are and will be knowledgeable about and responsible for discussing their respective ESI. Each e-discovery liaison will be, or have access to those who are, knowledgeable about the technical aspects of e- discovery, including the location, nature, accessibility, format, collection, search methodologies, and production of ESI in this matter. The parties will rely on the liaisons, as needed, to confer about ESI and to help resolve disputes without court intervention. 4. PRESERVATION The parties have discussed their preservation obligations and needs and agree that preservation of potentially relevant ESI will be reasonable and proportionate. To reduce the costs and burdens of preservation and to ensure proper ESI is preserved, the parties agree that: Only ESI created or received between ________ and ________ will be a) preserved; The parties have exchanged a list of the types of ESI they believe should b) be preserved and the names of the custodians, or general job titles or descriptions of custodians, for whom they believe ESI should be preserved. The list is not attached to this order but shall be retained by the parties separately. The parties shall add or remove custodians as reasonably necessary; The following data sources are not reasonably accessible because of undue c) burden or cost pursuant to Fed. R. Civ. P. 26(b)(2)(B) and ESI from these sources will be preserved but not searched, reviewed, or produced: _____________; The following data sources are not reasonably accessible, and the parties d) agree not to preserve the following: _____________; 5. SEARCH The parties agree that in responding to an initial Fed. R. Civ. P. 34 request, or earlier if appropriate, they will meet and confer about methods to search ESI in order to identify ESI that is subject to production in discovery and filter out ESI that is not subject to discovery. The parties agree that they will exchange keyword search terms, Boolean connectors, and/or concept search criteria if that method is used. The parties have agreed to confer about whether metadata shall be produced in discovery. 6. PRODUCTION FORMATS The parties agree to produce documents in ☐ PDF, ☐TIFF, ☐native and/or ☐paper (insert additional format) or a combination thereof (check all that apply)] file formats. If particular documents warrant a different format, the parties will cooperate to arrange for the mutually acceptable production of such documents. The parties agree not to degrade the searchability of documents as part of the document production process. 7. PHASING [If necessary] When a party propounds discovery requests pursuant to Fed. R. Civ. P. 34, the parties agree to phase the production of ESI and the initial production will be from the following sources and custodians: ____________________________________________________. Following the initial production, the parties will continue to prioritize the order of subsequent productions. 8. DOCUMENTS PROTECTED FROM DISCOVERY Pursuant to Fed. R. Evid. 502(d), the production of a privileged or work- a) product- protected document, whether inadvertent or otherwise, is not a waiver of privilege or protection from discovery in this case or in any other federal or state proceeding. For example, the mere production of privileged or work- product-protected documents in this case as part of a mass production is not itself a waiver in this case or in any other federal or state proceeding. The parties have agreed upon process pursuant to Fed. R. Civ. P. 26(b)(5) b) as follows ____________________ Communications involving trial counsel that post-date the filing of the c) complaint need not be placed on a privilege log. 9. MODIFICATION This Stipulated Order may be modified upon motion to the Court for good cause shown. SO STIPULATED, through Counsel of Record. s/_________________________ Counsel for Plaintiff s/_________________________ Counsel for Defendant ENTERED: [date] _______________________________ Laura K. McNally, United States Magistrate Judge

=== Sample HIPAA Qualified Protective Order ===

, , IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Case No. C v. Plaintiff, Defendant. 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. 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 Defendants to obtain medical records or information through means other than formal discovery requests, subpoenas, depositions, pursuant to a patient authorization, or other lawful process. -2 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. E N T E R: Sheila Finnegan United States Magistrate Judge Dated: -3

=== Contents of Final Pretrial Order ===

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. In diversity actions, state the citizenship of each party, and if any party is an LLC, state the citizenship of every member of the LLC. 2. Trial Attorneys. List all attorneys trying the case, as well as full contact information. 3. Case Statement. Provide a concise agreed statement of the case to be read by the Court to the venire during jury selection. The statement must describe the nature of the case, and the parties’ respective claims and defenses. This statement should be 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. This statement is not an advocacy piece for any party. 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. Time limits will not be imposed by the Court without discussion with counsel, but these estimates are helpful in planning for trial. 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 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. As the cases proceeds through trial, the parties are encouraged to continually consider whether the case can be streamlined through further stipulations. 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.” For each expert witness, provide the opinions the expert will deliver. Other than witnesses called solely for impeachment, witnesses who are not on the lists will be barred from testifying unless the proponent shows good cause for the failure to disclose the witness or all parties consent. 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). 1 02/15/06 2005 Performa nce Review Proves record of satisfactory job performance R. 402 relevant; R. 403 confusion. Plaintiff fired in 2011. Exhibits that will be used for impeachment purposes only need not be included in the exhibit list. 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 the jury’s consideration, the exhibit still must be moved into evidence and 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. 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. 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. If an exhibit is not included in the pretrial exhibit list, it may not be introduced at trial absent consent of all parties or leave of court. (Again, documents offered solely for impeachment are not included in this admonishment.) 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. 9. Deposition Designations. If a party proposes to introduce a witness’s testimony via a deposition rather than live testimony, the offering party must serve an electronic copy of the deposition transcript with the proposed designations highlighted. This designation proposal will be due 10 business days in advance of the pretrial order’s due date. Within 5 calendar days of receipt of the designations, the opposing party must serve (1) counter-designations upon the proposing party by adding additional lines in a different highlight color and (2) objections to designations, including a concise basis for the objection, like the Exhibit Chart. 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 also include the dual-highlighted transcript in the 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 McNally 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. 14. Daily/Expedited Transcript and Real-Time Reporting. State whether any party will be requesting daily or expedited transcripts or real-time reporting. 13. Signature. The Proposed Pretrial Order must be signed (electronically) by counsel for each party.