Standing Order for Initial Status Report; Standing Order for Settlement Conference; Settlement Checklist/Term Sheet; Click here; model confidentiality order; Example of a HIPAA Protective Order; Preparation of Final Pretrial Order; Preliminary Jury Instructions; Questionnaire for Prospective Jurors

=== Standing Order for Initial Status Report ===

MAGISTRATE JUDGE JEFFREY T. GILBERT 219 South Dearborn Street Chicago, IL 60604 Courtroom 1386 Chambers 1366 Web Site: http://www.ilnd.uscourts.gov Telephone: (312) 435-5672 Courtroom Deputy – Brenda Rinozzi Room 1362 (312) 408-5024 [email protected] STANDING ORDER FOR INITIAL STATUS REPORT FOR CASES BEFORE MAGISTRATE JUDGE GILBERT This case has been reassigned or referred to Magistrate Judge Gilbert. Judge Gilbert may set discovery schedules, briefing schedules, and other deadlines at the initial status hearing as appropriate for each case. Therefore, the attorney for each party with principal responsibility for the case shall be personally present and prepared to discuss all aspects of the case. If the principal attorney’s office is outside the Northern District of Illinois, that attorney may seek leave to be present by telephone, but local counsel must be present in person. In order to make the initial status hearing as productive as possible, the parties are required to file a joint1 status report with the Clerk of the Court, and deliver a courtesy copy to Judge Gilbert’s Chambers (Room 1366) at least three business days before the initial status hearing unless otherwise ordered by the Court. Counsel are encouraged to meet in person or by telephone to discuss the joint status report. Trading dueling draft reports by email without any other communication is discouraged. 1 Joint reports are strongly encouraged. If the parties cannot agree to a joint report, however, they may file separate reports. Alternatively, and preferably, the joint report should state all parties’ positions as to disputed matters. A joint status report is not required in cases that are referred solely for a settlement conference, unless otherwise specifically ordered by the Court. For cases referred solely for settlement, see Judge Gilbert’s Standing Order for Settlement Conference. A settlement conference date and dates for the exchange of pre-settlement conference letters will be set at the Initial Status Hearing in these cases. The joint status report shall contain the following information: CONSENT CASES: 1. 2. 3. 4. 5. 6. 7. 8. 9. A brief summary of the claims asserted in the complaint and any counterclaim or third party complaint. If an answer has been filed, a recap of any admissions contained in the answer and, whether or not an answer has been filed, a brief summary of any affirmative defenses raised or likely to be raised to the claims alleged. A brief statement of the relief sought, including an itemization of damages. The status of any pending motions, including whether any such motions are fully briefed and any existing briefing schedules. Any existing discovery cut-off, pretrial, or trial dates. Whether Rule 26(a)(1) disclosures have been made by all parties and, if not, a date by which such disclosures will be served. Whether written discovery has been served by any party and the status of responses to that discovery (i.e., when responses are due; whether responses have been served and/or documents produced; status of any disputes or meet and confer efforts pursuant to Local Rule 37.2). If written discovery has not been served, then a date by which all parties shall serve written discovery. All non-expert fact discovery will be completed by date . 10. Reports from retained experts under Rule 26(a)(2), if any, are due as follows: A. from plaintiff(s) date . B. from defendant(s) date . C. All expert depositions to be completed by date . 11. The parties’ submission also should, as necessary, state the parties’ views and proposals with respect to the matter set forth in Rule 26(f)(3)(A) through (F). - 2 - 12. Whether the parties anticipate discovery of Electronically Stored Information in this case, and, if so, what agreements have been reached regarding ESI and whether there are any areas of disagreement regarding ESI. 13. The earliest date the parties will be ready and available for trial and whether a jury has been demanded. 14. Whether the parties have discussed settlement and the status of any settlement discussions or negotiations, whether or not they are ongoing. If no settlement discussions have taken place, state why that is so, and what needs to occur before settlement discussions would be appropriate and potentially fruitful (i.e., ruling(s) on pending motion(s), completion of particular discovery, focused damages discovery or analysis, etc.). REFERRAL CASES: 1. 2. 3. 4. 5. 6. 7. 8. 9. A brief summary of the claims asserted in the complaint and any counterclaim or third party complaint. If an answer has been filed, a recap of any admissions contained in the answer and, whether or not an answer has been filed, a brief summary of any affirmative defenses raised or likely to be raised to the claims alleged. A brief statement of the relief sought, including an itemization of damages. A description of the matter referred to the magistrate judge for ruling or a report and recommendation as described in the referral order. Any existing discovery cut-off, pretrial, or trial dates. Whether Rule 26(a)(1) disclosures have been made by all parties and, if not, a date by which such disclosures will be served. Whether written discovery has been served by any party and the status of responses to that discovery (i.e., when responses are due; whether responses have been served and/or documents produced; status of any disputes or meet and confer efforts pursuant to Local Rule 37.2). If written discovery has not been served, then a date by which all parties shall serve written discovery. All non-expert fact discovery will be completed by date . 10. Reports from retained experts under Rule 26(a)(2), if any, are due as follows: A. from plaintiff(s) B. from defendant(s) date date . . - 3 - C. All expert depositions to be completed by date . 11. The parties’ submission also should, as necessary, state the parties’ views and proposals with respect to the matter set forth in Rule 26(f)(3)(A) through (F). 12. Whether the parties anticipate or are engaged in discovery of Electronically Stored Information in this case, and, if so, what agreements have been reached regarding ESI and whether there are any areas of disagreement regarding ESI that are relevant to any matter referred to the magistrate judge. 13. Whether all parties will consent to have Judge Gilbert 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. Note: if all parties do not consent, then please state simply that not all parties consent pursuant to 28 U.S.C. § 636(c); do not identify any particular party by name, whether that party consents or not, in a mixed-consent situation. See Federal Rule of Civil Procedure 73(b)(1). 14. Whether the parties have discussed settlement and the status of any settlement discussions or negotiations, whether or not they are ongoing. If no settlement discussions have taken place, state why that is so, and what needs to occur before settlement discussions would be appropriate and potentially fruitful (i.e., ruling on pending motions, completion of particular discovery, focused damages discovery or analysis, etc.). ENTER: JEFFREY T. GILBERT United States Magistrate Judge Revised: July 23, 2021 - 4 -

=== Settlement Checklist/Term Sheet ===

SETTLEMENT CHECKLIST AND TERM SHEET Revised 5/3/18 CASE NAME: CASE NO.: DATE: A. PAYMENT OF MONEY 1. To:_______________________________ From:_______________________________ _______________________________ _______________________________ 2. Total amount to be paid: $_____________________________________________________ 3. Does payment include attorney’s fees? Yes or No 4. Are third party liens to be paid from proceeds? Yes or No a. If yes, to whom: ___________________________________________________________ 5. Tax Treatment (e.g., W-2, 1099): ________________________________________________ OR Q Covenant Not to Sue (agreement not to sue in the future) Exceptions to Covenant Not to Sue: _______________________________________ _______________________________________ Other Covenant Not to Sue Terms: _______________________________________ _______________________________________ _______________________________________ B. SELECT A RELEASE OPTION Q Release (relinquishment of a right) Choose one of the following: a. One Way From Plaintiff(s) to Defendant(s), or b. Mutual Scope of Release : a. General Release 1. All claims raised in the litigation, or 2. All existing claims, whether or not raised in the litigation. OR b. Limited Release: _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ C. CONFIDENTIALITY 1. Settlement agreement to be confidential: Yes or No 2. Mutual: Yes or No 3. What can be said about litigation? a. b. Dispute resolved, or Other: ____________________________________________________________ 4. Exceptions to confidentiality? a. b. c. d. e. Attorneys Tax advisors Immediate family As otherwise required by law Other: ____________________________________________________________ 5. [Optional] Liquidated damages in event of breach of confidentiality agreement: Yes or No a. Amount (Not too large to avoid being a penalty, e.g., no more than 5-10% of total settlement amount): $_______________________________ b. Attorneys’ fees and expenses to prevailing party in litigation arising from alleged breach of confidentiality agreement: Yes or No D. OTHER SETTLEMENT TERMS 1. No admission of liability. 2.____________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ E. EMPLOYMENT CASES ONLY 1. Ability to reapply: Yes or No 2. Type of reference:____________________________________________________________ ______________________________________________________________________________ 2 F. EFFECTIVE DATE 1. A binding agreement today; or 2. No binding agreement until the typed settlement agreement is signed. G. CONFIRMING AND DOCUMENTING SETTLEMENT 1. Do parties wish to place settlement terms on the record? Yes or No 2. Settlement terms to be incorporated in a typed written agreement? Yes or No 3. [Optional] Settlement agreement to be prepared by_______________________________ and sent to other parties on or before __________________________________________ 4. Will settlement agreement be filed in court? Yes or No H. DISMISSAL OF LITIGATION AND COURT’S JURISDICTION TO ENFORCE SETTLEMENT AGREEMENT -- CHOOSE ONE OF THE OPTIONS BELOW: 1. Dismissal without prejudice to be entered on _____________________. [Plaintiff will dismiss claims without prejudice on a particular date.] 2. Dismissal without prejudice that automatically will convert to a dismissal with prejudice on ________________[insert date] unless, on that date, a motion to reinstate the case, a motion to enforce the settlement agreement, or a motion for additional time to file a motion to reinstate or a motion to enforce the settlement agreement is pending before the Court. [Note: in the Seventh Circuit, a court cannot enforce the terms of a settlement if the case is dismissed with prejudice unless the parties incorporate the material terms of the settlement into the dismissal order (Option 4 below) or enter into a consent decree (Option 5 below). Parties that want the Court to be able to enforce the terms of the settlement for a period of time should choose one of these options, or not dismiss the case until all conditions of settlement are satisfied.] 3. Dismissal with prejudice to be entered after the following conditions are satisfied: the settlement agreement is fully executed, the settlement payment has been received, and a stipulation to dismiss has been filed. 4. Dismissal with prejudice, the parties will incorporate the material settlement terms into the dismissal order, and the Court will retain jurisdiction to enforce those settlement terms. 5. The parties will agree to and the Court will enter a consent decree. 6. Other: ____________________________________________________________________ 3 ___________________________________________________________________________ ___________________________________________________________________________ I. DO PARTIES OR PARTY REPRESENTATIVES HAVE FULL AUTHORITY TO ENTER INTO SETTLEMENT AGREEMENT? Yes or No J. DO PARTIES CONSENT TO MAGISTRATE JUDGE JURISDICTION? Yes or No (If yes, counsel should fill out and execute a separate consent form.) Signatures and titles of all parties, party representatives and counsel: _____________________________________ _______________________________________ _____________________________________ _______________________________________ _____________________________________ _______________________________________ K. NEXT COURT DATE (if needed): _________________. If a stipulation of dismissal is filed before this date, the status hearing will be stricken and counsel need not appear. 4

=== Click here ===

MAGISTRATE JUDGE JEFFREY T. GILBERT 219 South Dearborn Street Chicago, IL 60604 Courtroom 1386 Chambers 1366 Web Site: http://www.ilnd.uscourts.gov Telephone: (312) 435-5672 Courtroom Deputy – Brenda Rinozzi Room 1362 (312) 408-5024 [email protected] STANDING ORDER RELATING TO THE DISCOVERY OF ELECTRONICALLY STORED INFORMATION This Court is participating in the Pilot Program initiated by the Seventh Circuit Electronic Discovery Committee. Parties and counsel in the Pilot Program with civil cases pending in this Court shall familiarize themselves with, and comport themselves consistent with, that committee's Principles Relating to the Discovery of Electronically Stored Information. For more information about the Pilot Program please see the web site of The Seventh Circuit Bar Association, www.7thcircuitbar.org. If any party believes that there is good cause why a particular case should be exempted, in whole or in part, from the Principles Relating to the Discovery of Electronically Stored Information, then that party may raise such reason with the Court. General Principles Principle 1.01 (Purpose) The purpose of these Principles is to assist courts in the administration of Federal Rule of Civil Procedure 1, to secure the just, speedy, and inexpensive determination of every civil case, and to promote, whenever possible, the early resolution of disputes regarding the discovery of electronically stored information ("ESI") without Court intervention. Understanding of the feasibility, reasonableness, costs, and benefits of various aspects of electronic discovery will inevitably evolve as judges, attorneys and parties to litigation gain more experience with ESI and as technology advances. Principle 1.02 (Cooperation) An attorney's zealous representation of a client is not compromised by conducting discovery in a cooperative manner. The failure of counsel or the parties to litigation to cooperate in facilitating and reasonably limiting discovery requests and responses raises litigation costs and contributes to the risk of sanctions. Principle 1.03 (Discovery Proportionality) The proportionality standard set forth in Fed. R. Civ. P. 26(b)(2)(C) should be applied in each case when formulating a discovery plan. To further the application of the proportionality standard in discovery, requests for production of ESI and related responses should be reasonably targeted, clear, and as specific as practicable. Early Case Assessment Principles Principle 2.01 (Duty to Meet and Confer on Discovery and to Identify Disputes for Early Resolution) (a) Prior to the initial status conference with the Court, counsel shall meet and discuss the application of the discovery process set forth in the Federal Rules of Civil Procedure and these Principles to their specific case. Among the issues to be discussed are: (1) the identification of relevant and discoverable ESI and documents, including methods for identifying an initial subset of sources of ESI and documents that 2 are most likely to contain the relevant and discoverable information as well as methodologies for culling the relevant and discoverable ESI and documents from that initial subset (see Principle 2.05); (2) the scope of discoverable ESI and documents to be preserved by the parties; (3) the formats for preservation and production of ESI and documents; (4) the potential for conducting discovery in phases or stages as a method for reducing costs and burden; and (5) the potential need for a protective order and any procedures to which the parties might agree for handling inadvertent production of privileged information and other privilege waiver issues pursuant to Rule 502(d) or (e) of the Federal Rules of Evidence. (b) Disputes regarding ESI that counsel for the parties are unable to resolve shall be presented to the Court at the initial status conference, Fed. R. Civ. P. Rule 16(b) Scheduling Conference, or as soon as possible thereafter. (c) The attorneys for each party shall review and understand how their client's data is stored and retrieved before the meet and confer discussions in order to determine what issues must be addressed during the meet and confer discussions. (d) If the Court determines that any counsel or party in a case has failed to cooperate and participate in good faith in the meet and confer process or is impeding the purpose of these Principles, the Court may require additional discussions prior to the commencement of discovery, and may impose sanctions, if appropriate. Principle 2.02 (E-Discovery Liaison(s In most cases, the meet and confer process will be aided by participation of an e- discovery liaison(s) as defined in this Principle. In the event of a dispute concerning the preservation or production of ESI, each party shall designate an individual(s) to act as e- discovery liaison(s) for purposes of meeting, conferring, and attending court hearings on the subject. Regardless of whether the e-discovery liaison(s) is an attorney (in-house or outside counsel), a third party consultant, or an employee of the party, the e-discovery liaison(s) must: (a) be prepared to participate in e-discovery dispute resolution; 3 (b) (c) be knowledgeable about the party's e-discovery efforts; be, or have reasonable access to those who are, familiar with the party's electronic systems and capabilities in order to explain those systems and answer relevant questions; and (d) be, or have reasonable access to those who are, knowledgeable about the technical aspects of e-discovery, including electronic document storage, organization, and format issues, and relevant information retrieval technology, including search methodology. Principle 2.03 (Preservation Requests and Orders) (a) Appropriate preservation requests and preservation orders further the goals of these Principles. Vague and overly broad preservation requests do not further the goals of these Principles and are therefore disfavored. Vague and overly broad preservation orders should not be sought or entered. The information sought to be preserved through the use of a preservation letter request or order should be reasonable in scope and mindful of the factors set forth in Rule 26(b)(2)(C). (b) To the extent counsel or a party requests preservation of ESI through the use of a preservation letter, such requests should attempt to ensure the preservation of relevant and discoverable information and to facilitate cooperation between requesting and receiving counsel and parties by transmitting specific and useful information. Examples of such specific and useful information include, but are not limited to: (1) names of the parties; (2) factual background of the potential legal claim(s) and identification of potential cause(s) of action; (3) names of potential witnesses and other people reasonably anticipated to have relevant evidence; (4) relevant time period; and (5) other information that may assist the responding party in assessing what information to preserve. (c) If the recipient of a preservation request chooses to respond, that response should provide the requesting counsel or party with useful information regarding the preservation efforts 4 undertaken by the responding party. Examples of such useful and specific information include, but are not limited to, information that: (1) identifies what information the responding party is willing to preserve and the steps being taken in response to the preservation letter; (2) identifies any disagreement(s) with the request to preserve; and (3) identifies any further preservation issues that were not raised. (d) Nothing in these Principles shall be construed as requiring the sending of a preservation request or requiring the sending of a response to such a request. Principle 2.04 (Scope of Preservation) (a) Every party to litigation and its counsel are responsible for taking reasonable and proportionate steps to preserve relevant and discoverable ESI within its possession, custody or control. Determining which steps are reasonable and proportionate in particular litigation is a fact specific inquiry that will vary from case to case. The parties and counsel should address preservation issues at the outset of a case, and should continue to address them as the case progresses and their understanding of the issues and the facts improves. (b) Discovery concerning the preservation and collection efforts of another party may be appropriate but, if used unadvisedly, can also contribute to the unnecessary expense and delay and may inappropriately implicate work product and attorney-client privileged matter. Accordingly, prior to initiating such discovery a party shall confer with the party from whom the information is sought concerning: (i) the specific need for such discovery, including its relevance to issues likely to arise in the litigation; and (ii) the suitability of alternative means for obtaining the information. Nothing herein exempts deponents on merits issues from answering questions concerning the preservation and collection of their documents, ESI, and tangible things. (c) The parties and counsel should come to the meet and confer conference prepared to discuss the claims and defenses in the case including specific issues, time frame, potential damages, and targeted discovery that each anticipates requesting. In addition, the parties and counsel should be prepared to discuss reasonably foreseeable preservation issues that relate directly to the information that the other party is seeking. The parties and counsel need not raise 5 every conceivable issue that may arise concerning their preservation efforts; however, the identification of any such preservation issues should be specific. (d) The following categories of ESI generally are not discoverable in most cases, and if any party intends to request the preservation or production of these categories, then that intention should be discussed at the meet and confer or as soon thereafter as practicable: (1) "deleted," "slack," "fragmented," or "unallocated" data on hard drives; (2) random access memory (RAM) or other ephemeral data; (3) on-line access data such as temporary internet files, history, cache, cookies, etc.; (4) data in metadata fields that are frequently updated automatically, such as last- opened dates; (5) backup data that is substantially duplicative of data that is more accessible elsewhere; and (6) other forms of ESI whose preservation requires extraordinary affirmative measures that are not utilized in the ordinary course of business. (e) If there is a dispute concerning the scope of a party's preservation efforts, the parties or their counsel must meet and confer and fully explain their reasons for believing that additional efforts are, or are not, reasonable and proportionate, pursuant to Rule 26(b)(2)(C). If the parties are unable to resolve a preservation issue, then the issue should be raised promptly with the Court. Principle 2.05 (Identification of Electronically Stored Information) (a) At the Rule 26(f) conference or as soon thereafter as possible, counsel or the parties shall discuss potential methodologies for identifying ESI for production. (b) Topics for discussion may include, but are not limited to, any plans to: (1) eliminate duplicative ESI and whether such elimination will occur only within each particular custodian's data set or whether it will occur across all custodians; (2) filter data based on file type, date ranges, sender, receiver, custodian, search 6 terms, or other similar parameters; and (3) use keyword searching, mathematical or thesaurus-based topic or concept clustering, or other advanced culling technologies. Principle 2.06 (Production Format) (a) At the Rule 26(f) conference, counsel and the parties should make a good faith effort to agree on the format(s) for production of ESI (whether native or some other reasonably usable form). If counsel or the parties are unable to resolve a production format issue, then the issue should be raised promptly with the Court. (b) The parties should confer on whether ESI stored in a database or a database management system can be produced by querying the database for discoverable information, resulting in a report or a reasonably usable and exportable electronic file for review by the requesting counsel or party. (c) ESI and other tangible or hard copy documents that are not text-searchable need not be made text-searchable. (d) Generally, the requesting party is responsible for the incremental cost of creating its copy of requested information. Counsel or the parties are encouraged to discuss cost sharing for optical character recognition (OCR) or other upgrades of paper documents or non-text- searchable electronic images that may be contemplated by each party. Education Provisions Principle 3.01 (Judicial Expectations of Counsel) Because discovery of ESI is being sought more frequently in civil litigation and the production and review of ESI can involve greater expense than discovery of paper documents, it is in the interest of justice that all judges, counsel and parties to litigation become familiar with the fundamentals of discovery of ESI. It is expected by the judges adopting these Principles that all counsel will have done the following in connection with each litigation matter in which they file an appearance: (1) Familiarize themselves with the electronic discovery provisions of Federal Rules of Civil Procedure, including Rule 26, 33, 34, 37, and 45, as well as any 7 applicable State Rules of Procedure; (2) Familiarize themselves with the Advisory Committee Report on the 2006 Amendments to the Federal Rules of Civil Procedure, available at http://www.uscourts.gov/rules/EDiscvoery w Notes.pdf; and (3) Familiarize themselves with these Principles. Principle 3.02 (Duty of Continuing Education) Judges, attorneys and parties to litigation should continue to educate themselves on electronic discovery by consulting applicable case law, pertinent statutes, the Federal Rules of Civil Procedure, the Federal Rules of Evidence, The Sedona Conference® publications relating to electronic discovery, 2 1 additional materials available on web sites of the courts, 4 3 providing educational information regarding the discovery of ESI. organizations and of other ENTER: JEFFREY T. GILBERT United States Magistrate Judge 1 http://www.thesedonaconference.org/content/miscFiles/publications_html?grp=wgs110 2 E.g. http://www.ilnd.uscourts.gov/home/ 3 E.g. http://www.7thcircuitbar.org, www.fjc.gov (under Educational Programs and Materials) 4 E.g. http://www.du.edu/legalinstitute 8

=== model confidentiality order ===

Form LR 26.2 MODEL CONFIDENTIALITY ORDER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS Plaintiff v. Defendant Civil No. District Judge Magistrate Judge [Agreed] Confidentiality Order 1 [if by agreement] The parties to this Agreed Confidentiality Order have agreed to the terms of this Order; accordingly, it is ORDERED: [if not fully agreed] A party to this action has moved that the Court enter a confidentiality order. The Court has determined that the terms set forth herein are appropriate to protect the respective interests of the parties, the public, and the Court. Accordingly, it is ORDERED: 1. Scope. All materials produced or adduced in the course of discovery, including initial disclosures, responses to discovery requests, deposition testimony and exhibits, and information derived directly therefrom (hereinafter collectively 1 Counsel should include or delete language in brackets as necessary to the specific case. Any other changes to this model order must be shown by redlining that indicates both deletions and additions to the model text. Counsel may also modify this model order as appropriate for the circumstances of the case. This model order is for the convenience of the parties and the court and not intended to create a presumption in favor of the provisions in this model order and against alternative language proposed by the parties. The court will make the final decision on the terms of any order notwithstanding the agreement of the parties. “documents”), shall be subject to this Order concerning Confidential Information as defined below. This Order is subject to the Local Rules of this District and the Federal Rules of Civil Procedure on matters of procedure and calculation of time periods. 2. Confidential Information. As used in this Order, “Confidential Information” means information designated as “CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER” by the producing party that falls within one or more of the following categories: (a) information prohibited from disclosure by statute; (b) information that reveals trade secrets; (c) research, technical, commercial or financial information that the party has maintained as confidential; (d) medical information concerning any individual; (e) personal identity information; (f) income tax returns (including attached schedules and forms), W-2 forms and 1099 forms; or (g) personnel or employment records of a person who is not a party to the case Information or .2 documents that are available to the public may not be designated as Confidential Information. 3. Designation. (a) A party may designate a document as Confidential Information for protection under this Order by placing or affixing the words “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” on the document and on all copies in a manner that will not interfere with the legibility of the document. As used in this Order, “copies” includes electronic images, duplicates, extracts, summaries or descriptions that contain 2 If protection is sought for any other category of information, the additional category shall be described in paragraph 2 with the additional language redlined to show the change in the proposed Order. 2 the Confidential Information. The marking “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” shall be applied prior to or at the time of the documents are produced or disclosed. Applying the marking “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” to a document does not mean that the document has any status or protection by statute or otherwise except to the extent and for the purposes of this Order. Any copies that are made of any documents marked “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” shall also be so marked, except that indices, electronic databases or lists of documents that do not contain substantial portions or images of the text of marked documents and do not otherwise disclose the substance of the Confidential Information are not required to be marked. (b) The designation of a document as Confidential Information is a certification by an attorney or a party appearing pro se that the document contains Confidential Information as defined in this order.3 4. Depositions.4 Alternative A. Deposition testimony is protected by this Order only if designated as “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” on the record at the time the testimony is taken. Such designation shall be specific as to the portions that contain 3 An attorney who reviews the documents and designates them as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER must be admitted to the Bar of at least one state but need not be admitted to practice in the Northern District of Illinois unless the lawyer is appearing generally in the case on behalf of a party. By designating documents confidential pursuant to this Order, counsel submits to the jurisdiction and sanctions of this Court on the subject matter of the designation. 4 The parties or movant seeking the order shall select one alternative for handling deposition testimony and delete by redlining the alternative provision that is not chosen. 3 Confidential Information. Deposition testimony so designated shall be treated as Confidential Information protected by this Order until fourteen days after delivery of the transcript by the court reporter to any party or the witness. Within fourteen days after delivery of the transcript, a designating party may serve a Notice of Designation to all parties of record identifying the specific portions of the transcript that are designated Confidential Information, and thereafter those portions identified in the Notice of Designation shall be protected under the terms of this Order. The failure to serve a timely Notice of Designation waives any designation of deposition testimony as Confidential Information that was made on the record of the deposition, unless otherwise ordered by the Court. Alternative B. Unless all parties agree on the record at the time the deposition testimony is taken, all deposition testimony taken in this case shall be treated as Confidential Information until the expiration of the following: No later than the fourteenth day after the transcript is delivered to any party or the witness, and in no event later than 60 days after the testimony was given, Within this time period, a party may serve a Notice of Designation to all parties of record as to specific portions of the testimony that are designated Confidential Information, and thereafter only those portions identified in the Notice of Designation shall be protected by the terms of this Order. The failure to serve a timely Notice of Designation shall waive any designation of testimony taken in that deposition as Confidential Information, unless otherwise ordered by the Court. 4 5. Protection of Confidential Material. (a) General Protections. Confidential Information shall not be used or disclosed by the parties, counsel for the parties or any other persons identified in subparagraph (b) for any purpose whatsoever other than in this litigation, including any appeal thereof. [INCLUDE IN PUTATIVE CLASS ACTION CASE: In a putative class action, Confidential Information may be disclosed only to the named plaintiff(s) and not to any other member of the putative class unless and until a class including the putative member has been certified.] (b) Limited Third-Party Disclosures. The parties and counsel for the parties shall not disclose or permit the disclosure of any Confidential Information to any third person or entity except as set forth in subparagraphs (1)-(9). Subject to these requirements, the following categories of persons may be allowed to review Confidential Information: (1) (2) Counsel. Counsel for the parties and employees of counsel who have responsibility for the action; Parties. Individual parties and employees of a party but only to the extent counsel determines in good faith that the employee’s assistance is reasonably necessary to the conduct of the litigation in which the information is disclosed; (3) The Court and its personnel; (4) (5) Court Reporters and Recorders. Court reporters and recorders engaged for depositions; Contractors. Those persons specifically engaged for the limited purpose of making copies of documents or organizing or processing documents, including outside vendors hired to process electronically stored documents; 5 (6) Consultants and Experts. Consultants, investigators, or experts employed by the parties or counsel for the parties to assist in the preparation and trial of this action but only after such persons have completed the certification contained in Attachment A, Acknowledgment of Understanding and Agreement to Be Bound; (7) Witnesses at depositions. During their depositions, witnesses in this action to whom disclosure is reasonably necessary. Witnesses shall not retain a copy of documents containing Confidential Information, except witnesses may receive a copy of all exhibits marked at their depositions in connection with review of the transcripts. Pages of transcribed deposition testimony or exhibits to depositions that are designated as Confidential Information pursuant to the process set out in this Order must be separately bound by the court reporter and may not be disclosed to anyone except as permitted under this Order. (8) (9) Author or recipient. The author or recipient of the document (not including a person who received the document in the course of litigation); and Others by Consent. Other persons only by written consent of the producing party or upon order of the Court and on such conditions as may be agreed or ordered. (c) Control of Documents. Counsel for the parties shall make reasonable efforts to prevent unauthorized or inadvertent disclosure of Confidential Information. Counsel shall maintain the originals of the forms signed by persons acknowledging their obligations under this Order for a period of three years after the termination of the case. 6. Inadvertent Failure to Designate. An inadvertent failure to designate a document as Confidential Information does not, standing alone, waive the right to so designate the document; provided, however, that a failure to serve a timely Notice of Designation of deposition testimony as required by this Order, even if inadvertent, waives any protection for deposition testimony. If a party designates a document as 6 Confidential Information after it was initially produced, the receiving party, on notification of the designation, must make a reasonable effort to assure that the document is treated in accordance with the provisions of this Order. No party shall be found to have violated this Order for failing to maintain the confidentiality of material during a time when that material has not been designated Confidential Information, even where the failure to so designate was inadvertent and where the material is subsequently designated Confidential Information. 7. Filing of Confidential Information. This Order does not, by itself, authorize the filing of any document under seal. Any party wishing to file a document designated as Confidential Information in connection with a motion, brief or other submission to the Court must comply with LR 26.2. 8. No Greater Protection of Specific Documents. Except on privilege grounds not addressed by this Order, no party may withhold information from discovery on the ground that it requires protection greater than that afforded by this Order unless the party moves for an order providing such special protection. 9. Challenges by a Party to Designation as Confidential Information. The designation of any material or document as Confidential Information is subject to challenge by any party. The following procedure shall apply to any such challenge. (a) Meet and Confer. A party challenging the designation of Confidential Information must do so in good faith and must begin the process by conferring directly with counsel for the designating party. In conferring, the challenging party must explain the basis for its belief that the confidentiality designation was not 7 proper and must give the designating party an opportunity to review the designated material, to reconsider the designation, and, if no change in designation is offered, to explain the basis for the designation. The designating party must respond to the challenge within five (5) business days. (b) Judicial Intervention. A party that elects to challenge a confidentiality designation may file and serve a motion that identifies the challenged material and sets forth in detail the basis for the challenge. Each such motion must be accompanied by a competent declaration that affirms that the movant has complied with the meet and confer requirements of this procedure. The burden of persuasion in any such challenge proceeding shall be on the designating party. Until the Court rules on the challenge, all parties shall continue to treat the materials as Confidential Information under the terms of this Order. 10. Action by the Court. Applications to the Court for an order relating to materials or documents designated Confidential Information shall be by motion. Nothing in this Order or any action or agreement of a party under this Order limits the Court’s power to make orders concerning the disclosure of documents produced in discovery or at trial. 11. Use of Confidential Documents or Information at Trial. Nothing in this Order shall be construed to affect the use of any document, material, or information at any trial or hearing. A party that intends to present or that anticipates that another party may present Confidential information at a hearing or trial shall bring that issue to the Court’s and parties’ attention by motion or in a pretrial memorandum without disclosing 8 the Confidential Information. The Court may thereafter make such orders as are necessary to govern the use of such documents or information at trial. 12. Confidential Information Subpoenaed or Ordered Produced in Other Litigation. (a) If a receiving party is served with a subpoena or an order issued in other litigation that would compel disclosure of any material or document designated in this action as Confidential Information, the receiving party must so notify the designating party, in writing, immediately and in no event more than three court days after receiving the subpoena or order. Such notification must include a copy of the subpoena or court order. (b) The receiving party also must immediately inform in writing the party who caused the subpoena or order to issue in the other litigation that some or all of the material covered by the subpoena or order is the subject of this Order. In addition, the receiving party must deliver a copy of this Order promptly to the party in the other action that caused the subpoena to issue. (c) The purpose of imposing these duties is to alert the interested persons to the existence of this Order and to afford the designating party in this case an opportunity to try to protect its Confidential Information in the court from which the subpoena or order issued. The designating party shall bear the burden and the expense of seeking protection in that court of its Confidential Information, and nothing in these provisions should be construed as authorizing or encouraging a receiving party in this action to disobey a lawful directive from another court. The obligations set forth 9 in this paragraph remain in effect while the party has in its possession, custody or control Confidential Information by the other party to this case. 13. Challenges by Members of the Public to Sealing Orders. A party or interested member of the public has a right to challenge the sealing of particular documents that have been filed under seal, and the party asserting confidentiality will have the burden of demonstrating the propriety of filing under seal. 14. Obligations on Conclusion of Litigation. (a) Order Continues in Force. Unless otherwise agreed or ordered, this Order shall remain in force after dismissal or entry of final judgment not subject to further appeal. (b) Obligations at Conclusion of Litigation. Within sixty-three days after dismissal or entry of final judgment not subject to further appeal, all Confidential Information and documents marked “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” under this Order, including copies as defined in ¶ 3(a), shall be returned to the producing party unless: (1) the document has been offered into evidence or filed without restriction as to disclosure; (2) the parties agree to destruction to the extent practicable in lieu of return; or (3) as to documents bearing the notations, summations, 5 or other mental impressions of the receiving party, that party elects to destroy the documents and certifies to the producing party that it has done so. 5 The parties may choose to agree that the receiving party shall destroy documents containing Confidential Information and certify the fact of destruction, and that the receiving party shall not be required to locate, isolate and return e-mails (including attachments to e-mails) that may include Confidential Information, or Confidential Information contained in deposition transcripts or drafts or final expert reports. 10 (c) Retention of Work Product and one set of Filed Documents. Notwithstanding the above requirements to return or destroy documents, counsel may retain (1) attorney work product, including an index that refers or relates to designated Confidential Information so long as that work product does not duplicate verbatim substantial portions of Confidential Information, and (2) one complete set of all documents filed with the Court including those filed under seal. Any retained Confidential Information shall continue to be protected under this Order. An attorney may use his or her work product in subsequent litigation, provided that its use does not disclose or use Confidential Information. (d) Deletion of Documents filed under Seal from Electronic Case Filing (ECF) System. Filings under seal shall be deleted from the ECF system only upon order of the Court. 15. Order Subject to Modification. This Order shall be subject to modification by the Court on its own initiative or on motion of a party or any other person with standing concerning the subject matter. 16. No Prior Judicial Determination. This Order is entered based on the representations and agreements of the parties and for the purpose of facilitating discovery. Nothing herein shall be construed or presented as a judicial determination that any document or material designated Confidential Information by counsel or the parties is entitled to protection under Rule 26(c) of the Federal Rules of Civil Procedure or otherwise until such time as the Court may rule on a specific document or issue. 11 17. Persons Bound. This Order shall take effect when entered and shall be binding upon all counsel of record and their law firms, the parties, and persons made subject to this Order by its terms. So Ordered. Dated: _________________________________ U.S. District Judge U.S. Magistrate Judge [Delete signature blocks if not wholly by agreement] WE SO MOVE and agree to abide by the terms of this Order WE SO MOVE and agree to abide by the terms of this Order ____________________________ Signature _____________________________ Signature ____________________________ Printed Name _____________________________ Printed Name Counsel for: ___________________ Counsel for: ____________________ Dated: Dated: 12 ATTACHMENT A UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS Plaintiff Defendant Civil No. ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND The undersigned hereby acknowledges that he/she has read the Confidentiality Order dated ____________________________ in the above-captioned action and attached hereto, understands the terms thereof, and agrees to be bound by its terms. The undersigned submits to the jurisdiction of the United States District Court for the Northern District of Illinois in matters relating to the Confidentiality Order and understands that the terms of the Confidentiality Order obligate him/her to use materials designated as Confidential Information in accordance with the Order solely for the purposes of the above-captioned action, and not to disclose any such Confidential Information to any other person, firm or concern. The undersigned acknowledges that violation of the Confidentiality Order may result in penalties for contempt of court. Name: ______________________________________ Job Title: ______________________________________ Employer: ______________________________________ Business Address: ___________________________ ___________________________ ___________________________ Date: _________________ ___________________________ Signature Adopted 06/29/12

=== Example of a HIPAA 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: Jeffrey T. Gilbert United States Magistrate Judge Dated: -3

=== Preparation of Final Pretrial Order ===

PREPARATION OF FINAL PRETRIAL ORDER For Civil Cases Before Judge Gilbert The parties shall jointly prepare and submit a Final Pretrial Order containing the following components, absent prior modification by the Court. Non-compliance with any of these requirements will subject a party and/or counsel to the imposition of sanctions. An original and one (1) copy of the Final Pretrial Order shall be submitted delivered to Chambers. Contents of the Pretrial Order The subjects discussed below should be addressed in separate, tabbed and numbered sections of the Pretrial Order. The Pretrial Order either should be placed in a three-hole binder or clipped at the top left corner of the document, with tabs on the right side. 1. Jurisdiction. A concise statement of the basis for federal subject matter jurisdiction, and if jurisdiction is disputed, the nature and basis of the dispute. 2. Claims. A concise joint statement (1 or 2 short paragraphs) of the claim(s) of the plaintiff(s), defense(s) of defendant(s), and all counterclaims and cross claims and the defenses to them. In a jury trial, this statement will be read to the jury during voir dire. 3. Relief sought. An itemization of the damages and other relief sought. 4. Contested Issues. A concise, numbered list of the contested issues of fact and/or law. 5. Witnesses. A list of names and addresses of all witnesses including experts: (a) who will be called; (b) who may be called; (c) whose deposition will be used. In a jury trial, this list will be read to the jury during voir dire. Any witness not listed in the Pretrial Order will be precluded from testifying absent a showing of very good cause, except that each party reserves the right to call such rebuttal witnesses (who are not presently identifiable as rebuttal witnesses) as may be necessary. a. Objections. A statement of any objections to the calling of any witness, including expert witnesses. Objections not made in the Pretrial Order will be deemed waived absent a showing of good cause. If the objection is the subject of a motion in limine, the Pretrial Order may simply refer to the motion and need not repeat the grounds stated in the motion. b. Depositions. For each witness whose deposition will be used, the party that intends to call that witness shall submit the witness’s deposition transcript with the testimony the party intends to read to the jury highlighted in yellow. The opposing party shall highlight its counter-depositions in pink. Any party that objects to the other party’s designations shall submit a list of its objections by page and line number and the basis for the objection. The opposing party shall submit its response to such objections. This can be done in separate documents or in a side-by-side presentation in a Word table or Excel spreadsheet. The basis for an objection and the response shall be stated as succinctly as possible with appropriate citations to evidentiary rules or case law. Objections not made in the pretrial order will be deemed waived absent a showing of good cause. If the Court will be called upon to rule upon objections, a copy of the deposition is to be provided with the pretrial order. 6. Exhibits. A schedule of all exhibits a party may introduce at trial, as well as any demonstrative exhibits or evidence, identified by trial exhibit number, with a brief description of each exhibit. Any exhibit not listed in the Pretrial Order will be excluded from evidence. Joint exhibits should be denominated “JX,” plaintiff’s exhibits, “PX” and defendant’s exhibits, “DX.” Copies of the exhibits should be included with the Pretrial Order, if practical, or submitted in a separate binder or folder. a. Objections. A statement of any objections to each exhibit. Objections not made in the Pretrial Order will be deemed waived. The parties should follow a similar format for objections to exhibits as is outlined above for deposition designations. b. Exhibits to be displayed to jury. If an exhibit is to be displayed to the jury, the party intending to display the exhibit must make sufficient copies for all jurors or must use an enlargement or projection of the exhibit. 7. Type and length of trial. A statement of whether the trial will be a bench trial or jury trial, and a realistic estimate of the length of the trial. A typical trial day before Judge Gilbert will begin at 9:30 a.m. and end at 4:30 or 5 p.m., with a break of approximately 60 to 75 minutes for lunch and 15 minute mid-morning and mid-afternoon breaks. 8. Proposed findings and conclusions. For a bench trial, proposed findings of fact and conclusions of law. The parties shall confer about proposed findings of fact and law as to which they agree and submit those to the Court. Each party also shall submit its separate proposed findings of fact and conclusions of law. Proposed findings shall be submitted on a CD formatted in a relatively current version of WordPerfect or Word. 2 9. Proposed voir dire questions. For a jury trial, proposed voir dire questions. Judge Gilbert often uses a written questionnaire as the initial basis for voir dire. Sample jury questionnaires with general questions used in all cases and questionnaires tailored for particular cases are available on Judge Gilbert’s court website or from Chambers. The parties should include any particular voir dire questions they want asked in their the Pretrial Order. If any question proposed by an opposing party is objected to, the objection should be noted in the Pretrial Order. 10. Proposed jury instructions. For a jury trial, proposed jury instructions are to be included both in the written Pretrial Order and on a CD, in WordPerfect or Word format. When there is a Seventh Circuit pattern jury instruction on point, that instruction should be used absent a very good reason for not doing so. a. Agreed instructions. The parties are directed to confer and agree upon jury instructions to the extent possible prior to the submission of the jury instructions to the Court. Agreed proposed instruction should be marked as such and shall be numbered consecutively. b. Disputed instructions. Proposed instructions that are not agreed shall be numbered, shall identify the proponent of the instruction, and shall include supporting authority. Objections to any proposed instructions must be set forth in writing and shall include supporting authority. 11. Stipulations. A listing of any stipulations agreed to by the parties, including stipulations regarding the presentation or admissibility of evidence. 12. Settlement status. A statement summarizing the current status of settlement negotiations and whether the parties believe a pretrial settlement conference would be productive. 13. Trial Briefs. Trial briefs are required as part of the Pretrial Order in bench trials. Ordinarily, Judge Gilbert will not accept trial briefs in a jury trial, unless he has granted a prior motion to file such a brief or ordered the filing of a trial brief sua sponte. Any trial briefs shall be limited to 15 pages without leave of court. Motions in limine The Court will set a schedule for the filing of motions in limine when it sets dates for the filing of the Pretrial Order. These motions and responses should not be bound with the Pretrial Order. They should be filed separately on the CM/ECF system. Two (2) courtesy copies of any motions in limine shall be delivered to Chambers in accordance with the Local Rules. Judge Gilbert discourages the filing of “boilerplate” motions in limine or motions that address matters not in dispute. Any motion in limine filed by a party must be accompanied by a statement that the party has conferred with the opposing party and has 3 determined that the matter upon which a ruling is sought is actually in dispute – that is, that the opposing party actually intends to offer the evidence that the movant seeks to exclude. If the meet-and-confer process results in agreement that certain matters are inadmissible, that agreement should be memorialized in a stipulation to be provided to Judge Gilbert in the Pretrial Order (see paragraph 11 above) or at the final pretrial conference. Absent prior leave of court, each side is limited to a total of five (5) motions in limine. Daily / expedited transcript and real-time reporting Any requests for daily or other expedited transcripts and real-time reporting must be made at least seven (7) days prior to trial so that an appropriate court reporter can be assigned to the trial. Evidence projection systems The Court has a limited number of evidence projection systems which may or may not be available depending on how early a request is made. Any such request should be made to Judge Gilbert’s Courtroom Deputy. Parties will be permitted to use their own projection systems, upon reasonable terms, if a request is made in advance of trial. Instructions for compiling final pretrial order Plaintiff’s counsel has the responsibility to prepare the initial draft of the Pretrial Order and must provide a draft to defendant’s counsel no later than twenty-one (21) days before the date the Pretrial Order is due. Defendant’s counsel must respond in writing to plaintiff’s draft by no later than fourteen (14) days before the Pretrial Order is due, including any objections, changes, and additions to plaintiff’s draft, as well as defendant’s portions of the draft Pretrial Order (e.g., defendant’s witness list, exhibit list, and objections to exhibits and deposition testimony listed by plaintiff). The parties must meet and confer by no later than seven (7) days before the Pretrial Order is due to discuss their respective drafts and to reach agreement to the extent possible. Any non-compliance with these requirements will subject a party and/or its counsel to imposition of sanctions. Following the meet-and-confer process, it is responsibility of plaintiff’s counsel, with full cooperation from defendant’s counsel, to assemble the Pretrial Order for submission. The Pretrial Order should be submitted filed on the CM/ECF system with a cover page setting for the case caption and the title FINAL PRETRIAL ORDER. The cover page must: (a) recite that each of the foregoing categories of materials is included; (b) must state that “This Order will control the course of the trial and may not be amended except by consent of the parties, or by order of the Court to prevent manifest injustice;” and (c) must be signed by counsel for each of the parties and contain a space for the Judge Gilbert’s signature. 4 Pretrial conferences Often, the Court will hold an initial pretrial conference with lead trial counsel to discuss case theories, trial plan, anticipated motions in limine and other pretrial matters. The purpose of this conference is to resolve issues that can be resolved easily and to provide the Court with a better sense of the case particularly when Judge Gilbert was not involved substantially in pretrial discovery or other proceedings. The Court will set a date for the final pretrial conference at least three weeks before trial. The purpose of this conference is to avoid surprises and to simplify the trial. At the conference, Judge Gilbert 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 fully prepared and with authority to discuss all aspects of the case must attend. The parties need not attend the pretrial conference unless settlement will be discussed at the conference. The parties, however, are welcome to attend the pretrial conference with their lawyers if they wish to do so. Date: 7/28/17 ENTER: Jeffrey T. Gilbert United States Magistrate Judge 5

=== Preliminary Jury Instructions ===

MAGISTRATE JUDGE JEFFREY T. GILBERT 219 South Dearborn Street Courtroom 1386 Chambers 1366 Chicago, IL 60604 (312) 435-5672 PRELIMINARY JURY INSTRUCTIONS Introduction The following preliminary instructions will generally be used in all civil cases. Bracketed portions will be given where appropriate. Objections to any of these instructions, and any requests for variation, should be brought to the Court’s attention at or before the final pretrial conference. ________________________________________________________________________________ Court’s Preliminary Instruction No. 1 Introduction Ladies and gentlemen, you are now the jury in this case. Before the trial begins, I want to give you an overview of what will happen. I also want to tell you something about what will be expected of you and how you should conduct yourself during the trial. At the end of the trial, I will give you more detailed instructions that will control your deliberations. _______________________________________________________________________________ Court’s Preliminary Instruction No. 2 Functions of the Court and the Jury You have two duties as a jury. Your first duty is to decide the facts from the evidence in the case. This is your job, and yours alone. Your second duty is to apply the law that I will give you at the end of the trial to the facts. You must follow my instructions about the law, even if you disagree with them. Each of the instructions is important, and you must follow all of them. You will have a copy of the jury instructions in the jury room when you deliberate. 1 One of my duties is to decide all questions of law and procedure. From time to time, I will instruct you about the rules of law that you must follow in making your decision. What we are doing right now is a good example of that. When I address questions of law and procedure, I am not indicating what I think of the evidence or what I think of a party’s claim. Rather, I am applying the rules of law and procedure that govern this case. Therefore, you should not try to guess what I think of the evidence or the merits of a party’s claim from my rulings. ________________________________________________________________________________ Court’s Preliminary Instruction No. 3 Order of Trial Here is the order in which we will proceed. First, each party’s lawyer may make an opening statement. An opening statement is simply a summary of what the lawyer expects the evidence will be. An opening statement itself is not evidence. If both parties decide to make opening statements, the plaintiff’s lawyer will make [his/her] opening statement first, and the defendant’s lawyer will follow. After the opening statements, the plaintiff will present [his/her/its] main case. A party’s main case consists of introducing evidence in support of [his/her/its] claim[s]. This evidence will consist of the sworn testimony of the witnesses, the exhibits received in evidence, stipulations, and facts that have been judicially noticed. I will say more about these types of evidence in a moment. As with opening statements, the plaintiff will present [his/her/its] main case first. Then, at the end of the plaintiff=s main case, the defendant may present [his/her/its] main case. The defendant, however, is not obligated to introduce any evidence. After both parties complete their main cases, the plaintiff may be permitted to present rebuttal evidence [and the defendant may be permitted to present sur-rebuttal evidence]. After the evidence has been presented, the parties’ lawyers may make closing arguments. Closing arguments are designed to present to you the contentions of the parties based on the evidence introduced. During closing arguments, the parties’ lawyers will outline for you what they contend that the evidence that has been introduced has shown. The lawyers also will describe for you what they contend are the inferences that you should draw from that evidence. What the lawyers say during closing arguments, just like what they say in opening statements, is not evidence. If both parties decide to make closing arguments, the plaintiff’s lawyer will make [his/her] closing argument first, and then the defendant’s lawyer will follow. After both parties have made their closing arguments, the plaintiff’s lawyer may be permitted to make a rebuttal closing argument [and the defendant’s lawyer may be permitted to make a sur-rebuttal closing argument]. After both parties have made closing arguments, I will instruct you on the law that applies to this case. After I have instructed you on the law, you will go to the jury room to deliberate on your verdict. 2 ________________________________________________________________________________ Court’s Preliminary Instruction No. 4 Burden of Proof In a civil case, which this is, the plaintiff has the burden of proving its case by what is called “a preponderance of the evidence.” The preponderance of the evidence standard is satisfied if, after considering all of the evidence in the case, you are persuaded that something is more probably true than not true. When I say that a party must “prove,” “show,” or “establish” something, I am referring to the preponderance of the evidence standard. I also am referring to the preponderance of the evidence standard whenever I use phrases such as “if you find” or “if you decide.” _________________________________________________________________________________ Court’s Preliminary Instruction No. 5 Evidence In reaching your verdict you must consider only the evidence. The evidence in the case will generally consist of: the sworn testimony of the witnesses, the exhibits received in evidence, stipulations, and facts that have been judicially noticed. A stipulation is an agreement between both parties that certain facts are true. If the parties have stipulated to a fact, one of the parties will read that stipulation into evidence, and you must accept that fact as true. The law permits me as the judge to take what is called “judicial notice” of certain facts. That means I can find that a certain fact is true. If I take judicial notice of a fact, I will make it clear to you what I have done, and you then must accept that fact as true. [I do not know whether or not that will happen in this case.] ________________________________________________________________________________ Court’s Preliminary Instruction No. 6 Deposition Evidence Some of the sworn testimony of witnesses in this case will be presented by witnesses who are present at this trial and take the witness stand to testify here in court. But certain testimony may be presented to you by the reading of a deposition. A deposition is the sworn testimony of a witness taken before trial. During a deposition, the witness takes an oath to tell the truth, and then the lawyers for each party may ask the witness questions. These questions and the witness’s answers are recorded. When testimony is presented to you by reading a deposition, that testimony is entitled to the same consideration as testimony presented to you by a witness who testifies in court during this trial. That means the deposition testimony should be judged, insofar as possible, in the same way as if the witness had been present and testified from the witness stand. Put simply, you must not decide to accept or reject certain testimony just because that testimony is presented by the reading of a deposition. 3 ________________________________________________________________________________ Court’s Preliminary Instruction No. 7 Direct and Circumstantial Evidence You may have heard the phrases “direct evidence” and “circumstantial evidence.” To ensure that all members of the jury are familiar with these terms, I want to say a couple things about them. Direct evidence is proof that does not require an inference. An example of direct evidence is a witness’s testimony about what he or she personally saw, did, or heard. For instance, if a witness were to say, “I was outside yesterday, and I saw it raining,” that would be direct evidence that it was raining yesterday. Circumstantial evidence, on the other hand, is proof of a fact, or a series of facts, that tends to show that some other fact is true. For instance, if a witness were to say, “I was standing in the lobby of my apartment building yesterday, and I saw a woman enter the building with a wet umbrella in her hand,” that would be circumstantial evidence that it was raining yesterday. It would not be direct evidence because the witness did not see it raining herself. Instead, the witness saw something from which she could draw the inference that it was raining. Although direct and circumstantial evidence are different types of evidence, you must consider all the evidence in reaching your verdict. The law makes no distinction between the weight to be given to direct or circumstantial evidence. It is the responsibility of you, the jury, to decide how much weight to give any evidence in the case. ________________________________________________________________________________ Court’s Preliminary Instruction No. 8 Inferences You are to consider only the evidence in this case when reaching your verdict. However, you should consider the evidence in light of your own observations in life. Further, in weighing the evidence, you should use your common sense. One of the important ways you use common sense in everyday life is by drawing inferences. That is, you often look at one fact and conclude from it that another fact exists. Here is an example. Let’s say you are driving on the highway, and you pass a car that is stopped on the shoulder of the road. You see there is a tow truck in front of the car and the tow truck driver is hooking the car up to the tow truck. From these facts, you may reasonably infer the car being towed cannot be operated safely at that time. That may not be the only inference that could be drawn from what you saw, but it is one reasonable inference that you could draw. You might draw this reasonable inference even though no one actually told you whether the car can operate safely. When reaching your verdict, you are allowed to make such inferences by drawing from your observations in life and using your common sense, but any inference you make must be reasonable and must be based on the evidence in the case. 4 ________________________________________________________________________________ Court’s Preliminary Instruction No. 9 What Is Not Evidence Let me tell you what is not evidence. As I said, the evidence generally will include the sworn testimony of the witnesses, exhibits received in evidence, stipulations, and facts that have been judicially noticed. Here are some things that are not evidence. This is not an exhaustive list, and I will only mention three things that are not evidence. $ $ $ First, nothing said by the lawyers is evidence. What the lawyers say during opening statements and closing arguments is not evidence. Likewise, statements and objections made by the lawyers during the trial are not evidence. Second, throughout the trial, I may order evidence stricken from the record. If I do, I will tell you that I am doing so. For instance, I may tell you to disregard certain testimony. When I strike something from the record, it is no longer evidence in this case. That means you must not consider it in reaching a verdict. Third, what you see or hear when the court is in recess is not evidence. In other words, anything that you see or hear outside of this courtroom is not evidence. This is true even if what you see or hear is done or said by one of the parties, one of the lawyers, or one of the witnesses. You must not consider these things that are not evidence in reaching your verdict. ________________________________________________________________________________ Court’s Preliminary Instruction No. 10 Limited Purpose Evidence Some evidence may be admitted for a limited purpose only. If evidence is admitted for a limited purpose, I will instruct you both as to what evidence was admitted with a limited purpose and as to what that limited purpose is. When evidence is admitted for a limited purpose, you must consider it only for that limited purpose. You must not consider it for any other purpose. _______________________________________________________________________________ Court’s Preliminary Instruction No. 11 Rulings on Objections There are rules of law that control what can be received into evidence and what arguments the lawyers can make. At times during the trial, the lawyers will object when they think that the rules of law do not permit the offering of a particular piece of evidence or the making of a particular argument. These objections will raise questions of law that I must decide. Therefore, when a party objects, I will rule on whether the objection should be sustained or overruled. If I sustain an objection, then you must disregard the evidence or the argument that was objected to. For instance, if I sustain an 5 objection to a question that one of the lawyers asks a witness, you must ignore the question and not guess what the answer would have been. If, on the other hand, I overrule the objection, the evidence will be allowed to become part of the record, and you must consider it like any other piece of evidence. You should not be influenced by any objections. Lawyers have a duty to object when they believe improper evidence or argument is being offered against the party that they represent. You should not be prejudiced against a lawyer or that lawyer’s party because the lawyer makes an objection that I either sustain or overrule. Relatedly, you also should not be influenced by my rulings on any objections. That means you should not try to guess whether my rulings or other comments indicate that I have any opinion about how you should decide this case. ________________________________________________________________________________ Court’s Preliminary Instruction No. 12 Bench Conferences At times during the trial, it may be necessary for the lawyers and me to discuss certain issues. These discussions are called “bench conferences.” Because bench conferences involve either questions of law or procedure that I must resolve, the conferences must occur outside of your presence. Sometimes, I will try to do bench conferences by having the lawyers approach the bench and whispering with them while the court reporter records what we say. If we do so, you should feel free to stand up and stretch your limbs while we are so occupied. If the matter appears to require prolonged attention, I will excuse you from the courtroom for your greater comfort. The lawyers and I will do what we can to keep the number and length of these bench conferences to a minimum. Please understand that these conferences are an important way to ensure that the case proceeds smoothly and fairly. ________________________________________________________________________________ Court’s Preliminary Instruction No. 13 Court=s Questions to Witnesses During the trial, I also may occasionally ask questions of a witness. You should not assume that I hold any opinion on the matters related to my questions. You also should not assume based on these questions that I hold any opinion on how the case should be decided. ________________________________________________________________________________ Court’s Preliminary Instruction No. 14 Pay Attention At the end of the trial, it will be your duty to make your decision based on what you recall of the evidence. You will not have a written transcript to consult. Therefore, it is especially important that you pay close attention to the testimony of each witness while she or he is testifying. I appreciate that listening is hard; it requires work and effort. But it is something you must strive to do in order to give these parties the fair and impartial trial they deserve. 6 ________________________________________________________________________________ Court’s Preliminary Instruction No. 15 Note-Taking Allowed I am going to allow you to take notes, and, before opening statements, my courtroom deputy is going to give you notebooks. Let me tell you the ground rules with respect to note-taking. I recognize that, for some people, writing things down helps them to remember. That is not true of everyone. For some people, taking notes may preoccupy or distract them so that they do not hear and evaluate all of the evidence. So you are not obliged to take notes. If you want to take notes, though, do not allow note-taking to distract you from the ongoing proceedings. If you take notes, they should only be used to refresh your memory. The notes are not evidence, and they should not take precedence over your independent recollection of the evidence. If your memory differs from your notes, you should rely on your memory and not your notes because the notes themselves are not evidence. If you do not take notes, you should rely on your own independent recollection of the proceedings and you should not be unduly influenced by the notes taken by other jurors. I strongly emphasize that no juror’s notes are entitled to any greater weight than his or her independent recollection and impressions. If you want to take notes—and, again, that is entirely up to you—we will provide you with a notepad for that purpose. Please take notes only in that notepad. Here are the procedures for taking notes. 1. 2. 3. As soon as the notepads are distributed, write your name on the cover of the notepad. When you leave the courtroom for breaks and at the end of each day, leave your notepad on your chair. As soon as you walk out of the courtroom, my courtroom deputy will collect your notepad. She will not let anyone else touch them or look at them. They will remain in my chambers and nobody will look at them. Do not show your notes to anyone at any time. Your notes are only for your own use. That means you should not show your notes to other jurors during the course of the trial or during your deliberations. I want to assure you that no one other than you will ever be allowed to look in your notepads at any time, including me. Whenever my courtroom deputy collects your notepads, she will take them to a secure location. No one, including her and me, will look in them. When the trial is completed and you have rendered a verdict, my courtroom deputy will collect your notepads for the last time, and they will be destroyed. I emphasize again that you are the only person who will ever see what is in your notepad. 7 For those jurors who decide not to take notes, I want to repeat that, just because another juror, has taken notes, it does not mean that his or her memory of the evidence is any better than your memory. ________________________________________________________________________________ Court’s Preliminary Instruction No. 16 Conduct of the Jury Now, I want to say a few words about your conduct as jurors. You must not make up your mind about what the verdict should be until after you have gone to the jury room to deliberate and to decide the case. During your deliberations, you will have as much time as you need to discuss the evidence and reach a verdict. You should not do either of those things before then. From this most fundamental of principles, several more rules follow. First, from now until I discharge you to deliberate, you must not discuss this case with anyone, including your fellow jurors, members of your family, and people involved in the trial. In fact, you should not even talk about anyone who has anything to do with this case. You may talk with your fellow jurors from now until I discharge you to deliberate; it is just that your conversation must not touch on the case or people and things related to the case. After the trial has ended and I discharge you to deliberate—and only then—you may start talking with your fellow jurors about the case. Even after you begin deliberations, though, you still cannot talk to anyone other than your fellow jurors about the case, or the people and things related to the case You are permitted to tell other people that you are a juror in a case, but you cannot say anything more about the case until after you have been discharged from jury service. This bears repeating, and I will say it again to you during the trial. Second, you must not let anyone tell you anything about the case or about anyone who has anything to do with the case. If someone should try to talk to you, please report it to me immediately. You can report it to me by giving a signed note to my courtroom deputy, who will make sure that I get it. Third, you must not read any news stories or articles or listen to any radio or television reports about the case or about anyone who has anything to do with the case. Fourth, you must not do any research of your own or make any investigation about the case on your own. That means you cannot even consult a dictionary about a term that was not explained or search for information on the internet. You also must not use social media to do any research related to this case, to investigate this case, to read about this case, or to contact any parties, witnesses, lawyers, or court personnel involved in this case. That means, for greater emphasis, that you must not use any electronic device or media—such as a telephone, cell phone, smartphone, iPhone, Internet service, text or instant messaging service, Internet chat room, blog, or website—to communicate any information about this case or to conduct research about the case. 8 ________________________________________________________________________________ Court’s Preliminary Instruction No. 17 Communications between the Lawyers and the Jurors Relatedly, the lawyers are obligated to avoid any contact with the jury during the trial. So do not be offended if the lawyers ignore you, refuse to speak with you, and avoid eye contact with you. They are not trying to be unfriendly. They are trying to follow my mandate that they avoid contact with every member of the jury until the case is concluded. Because the courthouse is a small place, you may have occasion to see the lawyers in this case in the hallways during breaks or in the cafeteria on the second floor. But I want everyone to use their best efforts to avoid this as much as possible. To minimize the risk of contact between the jurors and the lawyers, jurors should use the [north/south] elevator bank, and lawyers should use the [south/north] elevator bank. At the conclusion of the trial, after the verdict has been entered, you will have an opportunity to meet with the lawyers if you so desire. But, until that time, any contact is prohibited. ________________________________________________________________________________ Court’s Preliminary Instruction No. 18 Description of a Trial Day I want to close by describing how a normal trial day will proceed. You must be in the jury room at 9:00 a.m. There will be coffee and rolls provided for you each morning in the jury room. Then, at 9:30 a.m., the proceedings for the day will begin. At some point during each morning, we will take a 15-minute break. Starting at approximately noon or one o’clock, we will take an hour-long lunch break. At some point during each afternoon, we will take another 15-minute break. During this break, a snack may be provided to you. The proceedings for the day should be concluded by 4:30 or 5:00 p.m. Some days, we may end a little earlier, but we will not run much later. There is one exception. When you are deliberating, you can stay later if you, the jury, decide that is what you want to do. When arriving in the morning and returning from breaks, you must not be late. If you are late, you will delay the trial and inconvenience the court, the parties, the lawyers, and your fellow jurors. We all understand that trains can be delayed and traffic can be bad. You should plan accordingly to ensure that you are here when you are supposed to be. The jury room will be your home base during the course of the trial. You will always assemble in the jury room at the beginning of the day and at the end of each break. Whenever we take a short break, 9 you will return to the jury room. You will find restrooms for your personal use in the jury room. We will try to make your duties as pleasant and as comfortable as possible. If you have any issues, please let my courtroom deputy know about them. She will then inform me and we will see if we can resolve the matter. ENTER: _________________________________ JEFFREY T. GILBERT United States Magistrate Judge 10

=== Questionnaire for Prospective Jurors (General) ===

1. 2. 3. 4. 5. 6. 7. 8. 9. QUESTIONNAIRE FOR PROSPECTIVE JURORS (GENERAL) Your full name: __________________________________ and your age: __________ List all cities or suburbs where you have lived during the last ten years (if Chicago, please identify what part of Chicago, for example, South Side, Rogers Park, etc.): ______________________________________________________________________ Do you own your current home or rent it; and how long have you lived there? ______________________________________________________________________ Your highest level of education / degrees awarded: ______________________________________________________________________ The gender and age of any children: ______________________________________________________________________ Your current occupation, name of your employer, and number of years employed, including self-employment (if you are retired, please give this information about your last occupation): ______________________________________________________________________ What other jobs and employers, including self-employment, have you had during your working life? ______________________________________________________________________ ______________________________________________________________________ If you are married and/or in a civil union, describe your spouse’s or partner’s current occupation, employer, and number of years worked there (if spouse or partner is retired, please give this information about past employment): ______________________________________________________________________ ______________________________________________________________________ Please provide the same occupation and employment information about others who live with you (for example, children, parents, roommates), and any adult children not living with you: ______________________________________________________________________ ______________________________________________________________________ 10. Have you ever served in the military?________________________________________ 11. What newspapers and magazines do you read regularly? ______________________________________________________________________ 12. What (if any) TV or radio shows, TV or radio news shows, and TV or radio talk shows do you watch or listen to regularly? ______________________________________________________________________ (See back of page for additional questions) 13. What are your hobbies and major interests outside of work? ______________________________________________________________________ 14. 15. 16. 17. 18. 19. In the last five years, have you done any volunteer work? ________________________ List any organizations you belong to or participate in (for example, union, professional, religious, social, fraternal, recreational, political, etc.): ______________________________________________________________________ Have you, your spouse, or partner ever been sued, filed a lawsuit, or testified in a deposition or in court? (Include cases you may have been involved in through your employment): ______________________________________________________________________ Have you ever served on a jury? If so, where, when, and what kind of case (i.e., criminal, civil)? ______________________________________________________________________ Do you speak any languages other than English? ______________________________ Are there any facts or circumstances you believe that the court or the parties to the case should know that might affect your ability to serve as a fair and impartial juror in this case? ______________________________________________________________________

=== Questionnaire for Prospective Jurors (Employment Discrimination Cases) ===

1. 2. 3. 4. 5. 6. 7. 8. 9. QUESTIONNAIRE FOR PROSPECTIVE JURORS (EMPLOYMENT DISCRIMINATION CASES) Your full name: __________________________________ and your age: __________ List all cities or suburbs where you have lived during the last ten years (if Chicago, please identify what part of Chicago, for example, South Side, Rogers Park, etc.): ______________________________________________________________________ Do you own your current home or rent it; and how long have you lived there? ______________________________________________________________________ Your highest level of education / degrees awarded: ______________________________________________________________________ The gender and age of any children: ______________________________________________________________________ Your current occupation, name of your employer, and number of years employed, including self-employment (if you are retired, please give this information about your last occupation): ______________________________________________________________________ What other jobs and employers, including self-employment, have you had during your working life? ______________________________________________________________________ ______________________________________________________________________ If you are married and/or in a civil union, describe your spouse’s or partner’s current occupation, employer, and number of years worked there (if spouse or partner is retired, please give this information about past employment): ______________________________________________________________________ ______________________________________________________________________ Please provide the same occupation and employment information about others who live with you (for example, children, parents, roommates), and any adult children not living with you: ______________________________________________________________________ ______________________________________________________________________ 10. Have you ever served in the military?________________________________________ 11. What newspapers and magazines do you read regularly? ______________________________________________________________________ 12. What (if any) TV or radio shows, TV or radio news shows, and TV or radio talk shows do you watch or listen to regularly? ______________________________________________________________________ 13. What are your hobbies and major interests outside of work? ______________________________________________________________________ (See back of page for additional questions) 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. In the last five years, have you done any volunteer work? ________________________ List any organizations you belong to or participate in (for example, union, professional, religious, social, fraternal, recreational, political, etc.): ______________________________________________________________________ Have you, or your spouse, partner, significant other, ever been involved in supervising other workers or in making hiring, firing, disciplinary, or promotion decisions?_________ Have you ever fired anyone?_______________________________________________ Have you, your spouse, partner, significant other, or a relative or close friend, ever been discharged, fired, or laid off from any job for any reason? If so, please identify the person involved, the nature of the job and the reason for the employment action (if you know)? ______________________________________________________________________ Have you, your spouse, partner, significant other, or a relative or close friend, ever felt that you were discriminated against or retaliated against on the job, harassed at work, or treated unfairly by an employer? ____________________________________________ Have you, your spouse, partner, significant other, or a relative or close friend, ever filed a grievance, complaint, or lawsuit against an employer, or a grievance, complaint, or lawsuit involving your job? ______________________________________________________________________ Have you ever witnessed someone else being discriminated against or retaliated against on the job, harassed at work, or treated unfairly by an employer?____ Have you, your spouse, partner, significant other, or a relative or close friend, ever been accused of harassing, retaliating against, or discriminating against someone, on the job or otherwise? ______________________________________________________________________ Do you have any experience, training, or background in “human resources”? _________ Have you, your spouse, or partner ever been sued, filed a lawsuit, or testified in a deposition or in court? (Include cases you may have been involved in through your employment): ______________________________________________________________________ Have you ever served on a jury? If so, where, when, and what kind of case (i.e., criminal, civil)? ______________________________________________________________________ Do you speak any languages other than English? ______________________________ Are there any facts or circumstances you believe that the court or the parties to the case should know that might affect your ability to serve as a fair and impartial juror in this case? ______________________________________________________________________

=== Questionnaire for Prospective Jurors (Personal Injury) ===

QUESTIONNAIRE FOR PROSPECTIVE JURORS 1. Your full name: and your age: 2. List all cities and suburbs where you have lived during the last ten years. Do you own your current home or rent it, and how long have you lived there? 3. Your highest level of education/degrees awarded: 4. The gender and age of any children: 5. Your current occupation, name of your employer, and number of years employed, including self-employment (if you are retired, please give this information about your last occupation): 6. What other jobs and employers, including self-employment, have you had during your working life? 7. If you are married and/or in a domestic partnership, describe your spouse’s or partner’s current or immediate past occupation, employer, and number of years worked there (if spouse or partner is retired, please give this information about past employment): 8. Please provide the same occupation and employment information about others who live with you (for example, children, parents, roommates), and any adult children not living with you: 9. Have you ever served in the military? 10. Have you, your spouse, or partner ever been sued, filed a lawsuit, filed a worker’s compensation claim, or testified in a deposition or in court? (Include cases you may have been involved in through your employment): 11. Do you have a valid Illinois driver’s license? ____________________________________________________ 12. Have you or a family member ever been involved in an auto accident involving bodily injury? Please explain. _________________________________________________________________________________________ 13. Have you ever served on a jury? If so, where, when, and what kind of case (i.e., criminal, civil)? 14. Are there any facts or circumstances you believe that the court or the parties to the case should know that might affect your ability to serve as a fair and impartial juror in this case? (If more space is needed, please use the back of this page.)

=== Questionnaire for Prospective Jurors (Medical Malpractice) ===

QUESTIONNAIRE FOR PROSPECTIVE JURORS 1. Your full name: and your age: 2. List all cities and suburbs where you have lived during the last ten years. Do you own your current home or rent it, and how long have you lived there? 3. Your highest level of education / degrees awarded: 4. The gender and age of any children: 5. Your current occupation, name of your employer, and number of years employed, including self-employment (if you are retired, please give this information about your last occupation): 6. What other jobs and employers, including self-employment, have you had during your working life? 7. If you are married and/or in a domestic partnership, describe your spouse’s or partner’s current and immediate past occupation, employer, and number of years worked there (if spouse or partner is retired, please give this information about past employment): 8. Please provide the same occupation and employment information about others who live with you (for example, children, parents, roommates), and any adult children not living with you: _________________________________________________________________________________________ 9. Have you ever served in the military? 10. Have you, your spouse, or partner ever been sued, filed a lawsuit, filed a worker’s compensation claim, or testified in a deposition or in court? (Include cases you may have been involved in through your employment): 11. Have you ever served on a jury? If so, where, when, and what kind of case (i.e., criminal, civil)? 12. Do you have a regular physician? Do you see your physician regularly? _______________________________ (see back of page for additional questions) 13. Have you ever undergone plastic or cosmetic surgery? 14. Do you have any feelings about people who have chosen to undergo cosmetic surgery, including liposuction? 15. Do you have any feelings about medical malpractice cases in general? 16. Do you have any knowledge of medicine or law? If so, what is your background? 17. Have you, your family, or close circle of friends had a bad experience with health care which would affect your ability to be fair and impartial to both sides? If so, explain. 18. Have you, your family, or close friends experienced an injury or a complication following surgery? If so, what type of surgery, and what occurred? Do you believe that this experience would affect your ability to be fair and impartial to both sides? 19. Do you have any feelings about doctors or the healthcare system that would affect your ability to make a decision in this case? If so, explain. 20. Have you or any family members treated with DuPage Medical Group? 21. You will learn that this case involves the following issues: surgeons, liposuction, ultrasound assisted liposuction, Vaser ultrasound cannula, colon perforations, hernias, and sepsis. Do you have any knowledge about or experience with any of these issues? If yes, what knowledge or experience do you have? 22. Do you have any personal or religious beliefs that would prevent you from sitting in judgment of others? 23. Are there any facts or circumstances you believe that the court or the parties to the case should know that might affect your ability to serve as a fair and impartial juror in this case? 2

=== Questionnaire for Prospective Jurors (Securities Fraud) ===

QUESTIONNAIRE FOR PROSPECTIVE JURORS 1. What is your full name and your age? 2. Please list all the cities and suburbs where you have lived during the last ten years. Do you own or rent your current home? How long have you lived in your current home? 3. What is the highest level of education that you have completed? 4. What is your current occupation? Who is your employer? What is your title? How many years have you worked for that employer? (If you are retired or unemployed, please note that fact and provide the requested information for your last occupation/employer.) 5. Please provide the same employment information for your spouse/partner – if you have one – and for anyone who lives with you (such as a child or a roommate). 6. What other jobs have you had in the past? Who were your employers? 7. Have you or your spouse/partner ever been a party in a lawsuit? If so, did you file the lawsuit or were you sued by someone else? Have either of you ever filed a worker’s compensation claim? Have either of you ever testified in a deposition or in court? (When answering these questions, please include cases that you were involved in through your employment.) 8. Have you ever served on a jury? If so, when and where did you serve? What kind of case was it (i.e. civil or criminal)? 9. Have you ever been convicted of a felony or a misdemeanor (other than a minor traffic offense)? 10. Have you, a family member, or a close friend ever worked for or applied to work for a federal, state, or local law enforcement agency? 11. Do you have any specialized knowledge of the securities industry? If so, what is your background in this regard? 12. Have you, a family member, or a close friend ever worked in the securities industry (including securities brokerage firms, investment banks, and investment advisers)? If so, please explain the jobs that were held and identify the employers. 13. Have you, a family member, or a close friend ever worked for the SEC? 14. Do you have any strong feelings or opinions about the federal securities laws, the enforcement of the federal securities laws, or the SEC? If so, might these feelings or opinions prevent you from being impartial in this case? 15. Has a federal, state, or local government agency, including the SEC, ever investigated you for alleged wrongdoing? Has the SEC ever investigated or sued a family member or a close friend? 16. Have you ever bought or sold stock? If so, did you do so regularly or only occasionally? 17. Have you made money or lost money by trading in the stock market? Have you ever earned a substantial portion of your income from the stock market? 2 18. Have you, a family member, or a close friend ever been the victim of a fraud or a financial crime? 19. Do you have any specialized knowledge of health care, medicine, or the pharmaceutical industry? If so, what is your background in this regard? 20. Do you have any strong feelings or opinions about the pharmaceutical industry, the Food and Drug Administration, or the approval process for new drugs? If so, might these feelings or opinions prevent you from being impartial in this case? 21. Have you or someone close to you had any experience with multiple sclerosis, Chronic Inflammatory Demyelinating Polyneuropathy (known as CIDP), reflex sympathetic dystrophy syndrome (known as RSD and RSDS), diabetic neuropathy, or diabetic ulcers? 22. Have you, a family member, or a close friend ever used or considered using an experimental or investigational medicine to treat a serious illness or condition? 23. Do you have any strong feelings or opinions about CEOs or other executives of public companies? If so, might these feelings or opinions prevent you from being impartial in this case? 24. Do you have any medical or physical conditions that would make it difficult for you to see and hear the evidence, or to sit for several hours at a time? Do you take any medication that might cause similar difficulties? 25. How do you receive your news? What newspapers, news websites, or magazines do you read regularly? What TV shows or radio shows do you watch or listen to regularly? 3 26. What are your hobbies and interests? 27. The lawyers that you may see representing the parties in this matter include: Alyssa Qualls, Christine Bautista, Corey Rubenstein, Eric Phillips, Mark Rotert, and Tracy Lo. Other people that may be referenced in this case include: Carlton Hazlewood, Douglas A. McClain, Sr., Douglas A. McClain, Jr., James T. Miceli (who is now deceased), John Kustusch, Kenneth Willeford, Mark Burton, Mitchell Melling, Meghan Bailey, Karen Becker, Peter Kanter, Peter Rheinstein, Robert Fougner, Robert Potter, Robert Sacks, Stephen D. Ferrone, and Todd Ollendorff. Companies that may be referred to in this case include: Argyll Biotechnologies, LLC, Argyll Equities, LLC, Immunosyn Corporation, and Padmore Holdings, Ltd. Have you ever heard of or about any of these people or companies; and did you know anything about any of them before you arrived this morning? 28. Have you read or heard anything about this case? 29. Are there any facts or circumstances that might affect your ability to serve as a fair and impartial juror in this case? 4