=== Standing Order Governing Proposed Final Pretrial Orders ===
MAGISTRATE JUDGE MICHAEL F. IASPARRO 327 South Church Street, Courtroom 3200 Rockford, IL 61101 STANDING ORDER GOVERNING PROPOSED FINAL PRETRIAL ORDERS This Standing Order sets forth the requirements that the parties must meet in submitting a Proposed Final Pretrial Order for the Court’s consideration in consent cases. Proposed final pretrial orders must be filed electronically using CM/ECF (no need for courtesy copies). To file it, select the appropriate CM/ECF event, “Other Filings” and then “Other Documents,” and choose the Proposed Pretrial Order event. Also email it to Judge Iasparro’s proposed order inbox in Microsoft Word format: [email protected]. 1. JURISDICTION State the jurisdictional basis for each claim. If the parties rely on either diversity jurisdiction or another jurisdictional basis that requires a threshold amount, then state whether the parties agree that the amount in controversy exceeds the amount and include a concise explanation of how the evidence supports that statement. 2. TRIAL ATTORNEYS List all of the attorneys trying the case, as well as contact information (business address, telephone number, and email address). 3. CASE STATEMENT Provide a concise agreed statement of the case to be read by the Court to the jury pool during jury selection. The statement must describe the nature of the case, claims, and defenses. This is a neutral description of the case, with just enough information to introduce the case to the jury and to ask potential jurors whether they happen to know anything about the case. 4. TRIAL LENGTH/ NUMBER OF JURORS State the estimated number of trial days, including jury selection and deliberations, premised on six-hour trial-testimony days (the six hours already accounts for lunch and breaks). Propose estimated time limits for: 1 (a) opening statements per side; (b) closing arguments per side (including an initial close and rebuttal for the plaintiff); and (c) the total number of hours of witness examination per side. Also, state the number of jurors that the parties recommend (subject to Federal Rule of Civil Procedure 48(a . 5. STIPULATIONS AND UNCONTESTED FACTS In numbered paragraphs, state any stipulations and uncontested facts. No later than 10 business days before the Proposed Final Pretrial Order’s due date, the parties must serve on each other proposed stipulations and uncontested facts. No later than 5 business days before the due date, the parties must confer in good faith to arrive at as many stipulations and uncontested facts as possible. 6. WITNESS DESCRIPTION LISTS Each party shall provide a list of witnesses, including expert witnesses, divided into: (a) witnesses who will be called; and (b) witnesses who might be called. The lists should include even those witnesses whose testimony will not be presented in court (e.g., a video deposition). For each witness, provide a very concise (2 or 3 sentences) description of the witness and the witness’ role in the case. For example: “George Washington is Plaintiff’s cousin. Washington witnessed the arrest of Plaintiff where Defendants allegedly used excessive force.” Or: “John Adams is Defendant’s Chief Operating Officer. Adams made promises concerning the timing of payments under the contract.” Witnesses who are not on the lists are barred from testifying unless the proponent shows good cause for the failure to disclose the witness. The names of witnesses on the lists will be read to the jury during jury selection to ensure that potential jurors do not personally know any witnesses. 7. EXHIBITS AND EXHIBIT CHARTS The parties must submit an exhibit chart, one each for Plaintiff’s exhibits and Defendant’s exhibits. The charts must state the following: (a) the exhibit number; (b) the date of the document or exhibit, if applicable; (c) a concise, neutral description of the exhibit; (d) a concise statement of the exhibit’s relevance; and (e) whether there is an objection to the exhibit’s admission, and if so, a concise explanation of the objection. The chart’s format shall be substantially similar to the example below (landscape orientation is encouraged). 2 No. Date Description Relevance Objection 1 02/15/06 2005 Performance Review Proves record of satisfactory job performance R. 402 relevance; R. 403 confusion. Plaintiff fired 2011. In addition to substantive exhibits and Federal Rule of Evidence 1006 summary exhibits, the chart should also include proposed demonstrative exhibits and any exhibits that are likely to be referred to at trial even though not allowed into evidence. For example, deposition transcripts of witnesses likely to be impeached, or documents likely to be used to refresh memory, should be included on the chart (and assigned an exhibit number and description). Any substantive exhibit not objected to shall be deemed admissible into evidence by this Order (note: for the exhibit to be actually entered into the record for the jury’s consideration, the exhibit still must be referred to during trial testimony or otherwise published to the jury). Do not over- designate exhibits, because we will examine exhibits one-by-one during the pretrial conference, and plainly inadmissible exhibits will needlessly consume time. By the same token, the parties must limit the objections to only good-faith objections. Frivolous and boilerplate objections will waste time, because in preparation for the pretrial conference, the Court will review, as much as possible, the exhibits and the objections. The parties shall stipulate to the authenticity of exhibits whenever possible. If a foundation objection is asserted and the offering party proffers a foundation that the Court believes overcomes the objection, the offering party still must lay the foundation at trial. As noted above, non-objected-to exhibits will be admissible into evidence by operation of this Order, without any need for further foundation testimony (remember, however, that the exhibit must still be referred-to during trial testimony or otherwise published to the jury in order for the exhibit to be considered by the jury). But during the trial, for the jury’s sake and for the clarity of the record, still move the exhibit into evidence before publishing it to the jury. The Court will ask whether there is any “further” objection. At least 5 business days before the pretrial conference, the parties must submit to chambers a USB storage device, DVD, or CD with all of the proposed exhibits. The parties must use the exhibit- naming convention for the Jury Evidence Recording System (JERS); the Court will provide the parties with an instruction memorandum on how to use JERS and name exhibits.1 In addition to the disc, the parties also must supply 2 sets of exhibit binders containing copies of objected-to exhibits only. The party that is objecting to an exhibit is responsible for providing the copy of the objected-to exhibit. (After the pretrial conference and rulings on exhibits, no later than 5 business days before trial, the parties must submit the final trial exhibits on a disc or drive and provide one paper copy of the exhibits, double-sided in three-ring binders.) 1 Ideally, any exhibit in .pdf format will have undergone Optical Character Recognition (OCR) and be text- searchable. 3 8. DEPOSITION DESIGNATIONS If a party proposes to introduce a witness’ testimony via a deposition rather than live testimony, then the offering party must serve the page/line designations of the deposition transcript on the opposing party 10 business days in advance of the pretrial order’s due date. The opposing party must serve objections to designations (including a concise basis for the objection, like the Exhibit Chart) and also state the opposing party’s counter-designations (including counter-designations conditioned on an objection being overruled) 5 business days in advance of the pretrial order’s due date. The parties shall generate a joint chart, in page order, that sets forth the designation, objection, counter-designation if objection overruled, any counter-designations, and any objections to the counter-designations (again, with a concise basis for the objection, like the Exhibit Chart). 9. DAMAGES ITEMIZATION Plaintiff (and counter/cross-claimants, if any) shall itemize damages and other relief sought, and provide a concise explanation of the evidentiary basis for each itemization. 10. MOTIONS IN LIMINE In the Proposed Final Pretrial Order, each party must provide a list that very briefly summarizes its motions in limine, e.g., “Motion to bar reference to Witness A’s drug use.” The motions themselves must be filed the earlier of: (a) the due date of the Proposed Final Pretrial Order; or (b) 3 weeks before trial. The parties must confer on all motions in limine before filing them. If there is no objection to a motion, but the movant wishes to file a motion memorializing the non- objection, then the motion must state that there is no objection. To the extent reasonable, file multiple motions in one filing (or a few consolidated filings) to reduce the number of filings. Unless otherwise ordered, responses are due 5 business days after the motion’s filing, and replies are due 3 business days after the responses; again, consolidate as much as reasonable. The goal is to be in a position to rule on all of the motions in limine at the pretrial conference. 11. VOIR DIRE QUESTIONS The parties should check Judge Iasparro’s website for the standard background questions that the Court asks prospective jurors during voir dire. For additional questions, the parties must file a list divided into: (a) agreed-upon questions; and (b) proposed questions to which there is an objection. A short basis for any objection must accompany the list. Each side is limited to 12 proposed disputed questions, unless a motion is filed before the pretrial conference that explains good cause for proposing more than the limit. 12. JURY INSTRUCTIONS/ VERDICT FORMS The parties must meet and confer in order to attempt to agree on as many jury instructions and verdict forms as possible. Where applicable, the Court generally prefers the Seventh Circuit’s Pattern Jury Instructions. The proposed jury instructions must state, on an instruction-by- instruction basis, the following information: 4 (a) the proponent of the instruction; (b) the legal authority for the instruction; and (c) whether there is an objection to the instruction. If an instruction is disputed, the proponent of the instruction should concisely explain the basis for the instruction, if more explanation is required beyond the identified legal authority. Moreover, if an instruction is disputed, the objecting party must concisely state—on the page immediately following the instruction— the grounds for the objection, as well as any proposed modification or alternative. The same principles apply to proposed verdict forms. 13. SIGNATURE The Proposed Final Pretrial Order must be signed (electronically) by counsel for each party. Date: May 30, 2025 ENTERED: /s/ Michael F. Iasparro__ United States Magistrate Judge 5
=== Civil Jury Trial Procedures ===
MAGISTRATE JUDGE MICHAEL F. IASPARRO 327 South Church Street, Courtroom 3200 Rockford, IL 61101 CIVIL JURY TRIAL PROCEDURES IN CONSENT CASES 1. JURY SELECTION In the Jury Assembly Room, jurors are provided with a letter stating the general background questions each juror will answer during voir dire. (You can find a link to Judge Iasparro’s letter, entitled Voir Dire Questions, on the Civil Jury Trials & Voir Dire section of Judge Iasparro’s website.) Jurors will be placed in the jury box and in the gallery according to the random-order list. The Court will ask the background questions of all jurors. After each juror answers, the Court will ask the additional questions approved, during the pretrial conference, for voir dire. After that questioning, counsel will have a chance to propose follow-up questions at a sidebar (though the Court will ask the questions). After that last round of questioning, counsel will exercise for-cause challenges. That will leave the qualified pool on which peremptory strikes will be made (double- strikes count against both sides). The first 8 (or however many jurors are being seated for the trial) non-struck jurors on the random-order jury list will comprise the jury. 2. EXHIBIT-NAMING CONVENTION & EXHIBIT COPIES Refer to the Standing Order Governing Proposed Final Pretrial Orders & JERS links on Judge Iasparro’s website (JERS is the Jury Evidence Recording System) for instructions on how to name and supply exhibits for trial. In sum, each party shall supply: (a) the exhibits in digital format on a USB drive, DVD, or CD; and (b) the exhibits in paper copy (just 1 set), double-sided in three-ring binders. The exhibit binders should separate the exhibits with tabs that correspond to the exhibit number. Show demonstrative and summary exhibits to opposing counsel in advance of the trial day, even if not offered into evidence. If you need instruction on the courtroom display technology equipment, please visit the Court’s website on Courtroom Technology or contact the Court’s operations specialist by email at [email protected]. 3. DISPLAYING EXHIBITS ON THE VIDEO MONITORS The courtroom’s evidence-display technology has separate controls for the counsel-table video monitors, the witness’ monitor, and the jury’s monitors. The Court will leave the counsel-table 1 monitors set to display during the entire trial. Generally, the Court also will leave the witness’ monitor set to display during the entire trial, because usually the other side does not have an objection to the witness being shown the proposed exhibit. But in order to give the other side time to object to that step, the offering party should state something to the effect of, “Your Honor, I’d like to show Plaintiff’s Exhibit 1 to the witness.” If the opposing party objects to showing the witness the exhibit, that is the time to object. Otherwise, the offering party may display the exhibit to the witness via the offering party’s laptop or the document camera. To publish the exhibit to the jury, preface your request with something to the effect of, “Your Honor, may we publish Plaintiff’s Exhibit 1 to the jury?” The Court will ask whether there is an objection, and then if publication is allowed, the Court will turn on the jury’s video monitors. When done with that exhibit, say something to the effect of, “Your Honor, we’re done with that exhibit,” and the Court will turn off the jury’s video monitors (and that also will be a signal to your co- counsel or assistant if you have someone putting on and off an exhibit via a laptop). As we get deeper into the trial, we might be able to avoid turning off the jury monitors at certain points. For example, if you are asking a witness about an exhibit or set of exhibits already allowed into evidence and already published, you may signal that you are going to move onto an exhibit that has already been published (e.g., “Your Honor, we’re done with that exhibit, and I’d now like to show Plaintiff’s Exhibit 2, which has already been published.”). The Court will ask whether there is any objection, and if not, the jury monitors will remain on. 4. WITNESS EXAMINATIONS/ JURY ADDRESSES All witness examinations must be conducted from the podium unless otherwise allowed by the Court. The only alternative site is the end of the jury box, but you must speak loudly enough for the witness, judge, jury, and court reporter to easily hear you, and speak into the microphone at the end of the jury box. In order to respect the jury’s time, always have enough witnesses available so that we make use of the full trial day. Jury addresses must take place at the podium as well: even if you speak loudly for us to hear you, the audio-recording system relies on the microphones to record what you say, and the recording is necessary for transcript preparation or to resolve a dispute over what a transcript says. 5. OBJECTIONS When you object, you must stand so that the Court and the witness are on alert that an objection is being made. Before trial, counsel should instruct their witnesses not to answer a question when they see the opposing lawyer stand and while an objection is pending. You must state a short, non- argumentative basis for the objection (e.g., relevance, hearsay), and responses must be similarly short and non-argumentative. Ideally, there will be little or no need for a sidebar if objections and responses are succinct. Rev. 5/30/2025 2
=== Jury Evidence Recording System (JERS) ===
MAGISTRATE JUDGE MICHAEL F. IASPARRO 327 South Church Street, Courtroom 3200 Rockford, IL 61101 JURY EVIDENCE RECORDING SYSTEM (JERS) 1. INTRODUCTION TO JERS JERS is a computer system that the jury will use to review exhibits on a wide-screen video monitor, rather than reviewing paper copies. The jury room has the JERS computer, a touch-screen monitor for the jury to pick an exhibit to display, and the wide-screen monitor. JERS can display what otherwise would have been on paper (including photos), and JERS also can play audio and video files. We are experimenting with this system to start moving toward as much digital presentation as possible, with all of its display and cost-reducing advantages. With JERS, the jury can zoom-in on parts of an exhibit, and for audio and video, there is no need for a party to supply the jury with a laptop for deliberations. We hope that in the future there will be other advantages, such as a text- search function. Thanks in advance for your patience as we continue to learn how best to use JERS. JERS is not directly used to present evidence in court during trial; right now, it is just used to display exhibits during deliberations. But JERS does indirectly affect your trial preparation because you must supply your exhibits to the Court in digital format, and you must name your exhibits using a specific convention. This in turn affects your preparation even for the pretrial conference, because Judge Iasparro requires that the parties exchange proposed exhibits before the pretrial conference (more on this below, as well as in Judge Iasparro’s Standing Order Governing Proposed Pretrial Orders). 2. FILE TYPES USABLE WITH JERS JERS accepts these common file types: Documents and Photographs: .pdf, .jpg. Video and Audio Recordings: .avi, .wmv, .mpg, .mp3, .wma, .wav 1 3. EXHIBIT-NAMING CONVENTION To use JERS, both sides must use the following exhibit-naming convention, which also will serve as the file name for the digital file: the exhibit number, followed by an underscore, followed by a neutral description of the exhibit. The convention is thus: <exhibit number>__<exhibit description>.<file extension>1 Examples: 1_Financial Statement 2009 Annual.pdf 2_Contract 2010 Renewal.pdf 3_Photo Front Door.jpg 4_Audio Dec 11 2013 Phone Call.mp3 5_Video Traffic Stop.wmv Use consecutive numbers to designate exhibits; do not use letters to distinguish exhibits. Also, do not use an “exhibit part,” such as 1A or 2A. Just use consecutive numbers (plus the neutral description). The neutral description cannot be more than 200 characters (hopefully, you will never come close to that limit). You might reasonably wonder whether JERS will mix up the parties’ exhibits because both sides are using numbers. We have tested this convention and it works because JERS itself adds a party prefix for each side (“Pla” (or “Gov” for government) and “Def”) when we import the files into JERS, party-by-party. If there are multiple parties on a particular side, then you must coordinate with your co-plaintiff’s or co-defendant’s attorney to generate a consecutively numbered set of exhibits. In the rare case of dual juries, we will discuss how to handle the JERS submission. If you are using litigation-display software that imprints a “digital” exhibit sticker on documentary exhibits, that is fine, though you should confine the exhibit sticker to the party designation (e.g., Pla or Gov, and Def) and the exhibit number. One last thing: a physical object of course will not be imported into JERS, but you should still assign a consecutively numbered exhibit designation to it, along with a neutral description. Then create a one-page .pdf with the exhibit number and neutral description on it, and submit those exhibits as part of the JERS disc. By creating this stand-in for physical objects, we accomplish two things: (1) we can print a comprehensive exhibit list before the trial for the Court and for the parties, which we all can use to track whether an exhibit is allowed into evidence (including physical objects); and (2) the jury’s exhibit list will be complete, and it will serve as a reminder of what physical objects were allowed into evidence. 2 4. PRETRIAL CONFERENCE EXHIBITS In order to maintain consistency in the record, you must use the JERS exhibit-naming convention even at the pretrial-conference stage (please refer to Judge Iasparro’s Standing Order Governing Proposed Final Pretrial Orders for more detail). Five business days before the pretrial conference, supply the exhibits to the Court (and to the other side) on a USB drive, DVD, or CD. Consistent with the Standing Order, you will also be supplying chambers with two paper copies of only the objected-to exhibits, double-sided in three-ring binders. 5. TRIAL EXHIBITS BEFORE TRIAL BEGINS After the pretrial conference, do not renumber the exhibits, even if during the pretrial conference the Court deemed some of them inadmissible. This will preserve consistency of exhibit numbering from the pretrial conference and throughout trial, and the record will be clearer. Five business days before the trial, supply the trial exhibits to the Court’s operations specialist and to the other side, again on a USB drive, CVD, or CD. At this trial stage, you need not include exhibits that have been deemed inadmissible (you may include exhibits that still have a chance of being allowed, e.g., if the other party opens the door to evidence deemed otherwise inadmissible). Consistent with the Standing Order Governing Proposed Final Pretrial Orders, you should continue to include even those exhibits that are not likely to be allowed directly into evidence, but to which the Court will likely need to refer (e.g., deposition transcripts for impeachment of will-call witnesses). The Court will run a test to ensure that the exhibits are imported correctly into JERS. For now, also supply one copy of the exhibits in paper form. This paper set will serve as the backup to JERS, in the event that JERS suffers a technical failure during deliberations. 6. TRIAL EXHIBITS NEWLY ADDED DURING TRIAL When an exhibit is allowed into evidence during trial and the exhibit was not previously supplied on the JERS disc, not surprisingly the exhibit must follow the same exhibit-naming convention as described above. Counsel for the offering party must supply the exhibit in digital format as soon as possible (a thumb drive comes in handy for this), and the operations specialist will import it into JERS. 7. CLOSE OF EVIDENCE Before closing arguments, we will confer on the record to ensure agreement on which exhibits were allowed into evidence during the trial. After jury instructions, the lawyers will confer with the operations specialist to examine the list of exhibits to be released to the jury for deliberations on JERS. The jury will not be supplied with paper copies, unless there is good cause for a particular exhibit (or if JERS breaks down). Physical-object exhibits that the Court allows the jury to examine during deliberations will be provided to the jury as usual, via the court security officer. 3 8. USE OF JERS BY THE JURY At the end of jury instructions, the Court will inform the jury that they will be using the JERS system. The jury will watch a video tutorial that explains how to use the system. Judge Iasparro will accompany the jury into the jury room to view the tutorial, but will instruct the jury that, like any other question during deliberations, the jury must ask questions about JERS in writing (and like any other jury question, the Court will share it with counsel before responding). The JERS computer is not equipped to allow the jury to access the internet, or indeed any other program other than JERS. If JERS fails during deliberations, the jury will ask for help in writing. The systems staff will not be permitted in the jury room without the Court’s express permission, and only after the jury has been escorted out of the jury room. If the problem is not fixable in a short time, the Court will provide the jury with the paper-copy backup of the allowed exhibits. Rev. 5/30/2025 1 The file-type extension (e.g., .pdf, .wmv) is automatically added by your computer; it is included here for completeness. 4
=== Voir Dire Questions ===
MAGISTRATE JUDGE MICHAEL F. IASPARRO 327 South Church Street, Courtroom 3200 Rockford, IL 61101 United States Magistrate Judge Michael F. Iasparro will examine you concerning your qualifications to serve as jurors. You are to truthfully and completely answer each question asked of you. It is important that each juror be fair and impartial in the case called for trial. Accordingly, the purpose of the Court’s questioning is to bring to the attention of the Court and counsel any potential bias or prejudice of a juror and to provide as much information about a juror as possible in the selection process. The following is a list of questions which normally may be asked of the jurors either as a whole or individually. Please read these potential questions so that you may be prepared to answer and disclose any matter relevant to the inquiries. The Court may ask additional questions not listed below. 1. The lawyers and parties will be introduced. Do you know any of these persons or their family? 2. From the brief information I have given you, have you ever heard or read of this case? 3. Is there anything about the nature of this case as I have described it to you that would make it difficult for you to be fair to both sides? 4. The trial in this case will last about ____ days. Will this fact make it impossible for you to be fair to both sides in this case or to serve as a juror? 5. A list of potential witnesses will be read. Are you acquainted with any of the potential witnesses? 6. Do you have any physical condition which might hinder your ability to serve as a juror in this case? 7. Do you for some reason believe you could not be a fair and impartial juror in this case? 8. Your name and age. 9. Your present address, how long you have resided there, and all other addresses where you have resided in the last 10 years? 1 10. Where were you born and raised? 11. Marital status (if unmarried, do you live with anyone)? 12. Children? If so, sex, age and if living with you? 13. Educational background? 14. Any military service? 15. Your present employer, where located, and your job title (if retired or unemployed, how long, and employment previous to that)? 16. How long you worked at your present employment and any other employment during the last 10 years? 17. Spouse’s present and past employment (or employment of any other person residing with you)? 18. Children’s present employment? 19. What clubs or organizations do you belong to? 20. Prior jury experience? 21. Have you or any family member been involved in a civil lawsuit of this type (or any type) or made a claim or had a claim made against you which has been settled? 22. Have you ever testified as a witness in a case? 23. Do you realize your function is to decide the facts and render a verdict from the testimony of witnesses and other evidence without speculation, prejudice, or sympathy? 24. Do you understand that in deciding the facts you may hear conflicting evidence, and you must determine the credibility of the witnesses? 25. Will you follow all the instructions of law I give you whether you agree with them or not? 26. The plaintiff alleges he or she has suffered __________ injury, have you or any family member had such an injury or any other serious injury from an accident? 27. If the plaintiff proves his or her case as required by law, would you return a verdict in the plaintiff’s favor on liability and then assess just compensation for damages as 2 proved and as authorized under the instructions I give to you? If the plaintiff has not proved the defendant is liable for his or her damages or injuries, would you return a verdict for the defendant even though the plaintiff is injured or damaged? 28. Can you think of any other matter, reason, belief, or question I have failed to ask that you should call to my attention which may have some bearing on your ability to serve as a fair and impartial juror? Rev. 5/30/2025 3
=== No Post-Trial Contact with Jurors ===
NO POST-TRIAL CONTACT WITH JURORS After the conclusion of a trial, no party, agent, or attorney shall communicate with any members of the petit jury before which the case was tried without first receiving permission of the Court. Rev. 5/30/2025
=== Example HIPAA Qualified Protective Order ===
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS WESTERN DIVISION ___, v. ___, Plaintiff, Defendant(s). Case No. __ CV _____ Magistrate Judge Michael F. Iasparro QUALIFIED PROTECTIVE ORDER Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and 45 C.F.R. § 164.512(e)(1), the Court finds good cause for the issuance of a qualified protective order and ORDERS as follows: 1) The parties and their attorneys, and any future parties and their attorneys, in the above- captioned litigation are hereby authorized to receive, subpoena, and transmit “protected health information” pertaining to Plaintiff to the extent and subject to the conditions outlined herein. 2) For the purposes of this qualified protective order, “protected health information” shall have the same scope and definition as set forth in 45 C.F.R. §§ 160.103 and 164.501. Protected health information includes, but is not limited to, health information, including demographic information relating to either: (a) the past, present, or future physical or mental condition of an individual; (b) the provision of care to an individual; or (c) the payment for care provided to an individual, which identifies the individual or which reasonably could be expected to identify the individual. 3) All “covered entities” (as defined by 45 C.F.R. § 160.103) are hereby authorized to disclose protected health information pertaining to Plaintiff, to attorneys representing Plaintiff and Defendant(s) in the above-captioned litigation. 4) The parties and their attorneys shall be permitted to use or disclose the protected health information of Plaintiff for purposes of prosecuting or defending this action, including any appeals of this case. This includes, but is not necessarily limited to, disclosure to their attorneys, experts, consultants, court personnel, court reporters, copy services, trial consultants, and other entities or persons involved in the litigation process. 5) Prior to disclosing Plaintiff’s protected health information to persons involved in this litigation, counsel shall inform each such person that Plaintiff’s protected health information may not be used or disclosed for any purpose other than this litigation. 1 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 Defendant(s) to obtain medical records or information through means other than formal discovery requests, subpoenas, depositions, pursuant to a patient authorization, or other lawful process. 9) This Order does not authorize either party to seal court filings or court proceedings. The Court will make a good cause determination for filing under seal if and when the parties seek to file Plaintiff’s protected health information under seal. See Local Rule 26.2. Dated: _____ Rev. 10/16/2025 By: ______________________ Michael F. Iasparro United States Magistrate Judge 2
=== FLSA Scheduling Order ===
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS WESTERN DIVISION _______________________________, Plaintiff(s), v. _______________________________, Defendant(s). Case No. ___________________ Magistrate Judge Michael F. Iasparro FLSA SCHEDULING ORDER Pursuant to FED. R. CIV. P. 16, the Court finds it necessary to implement a schedule tailored to meet the particular circumstances of this case, which is based on the Fair Labor Standards Act (“FLSA”). Therefore, consistent with the just, speedy and inexpensive administration of justice (FED. R. CIV. P. 1), it is ORDERED that the provisions of FED. R. CIV. P. 16 and 26 (a)(1) concerning the initial disclosures and filing of a case management report are hereby waived in this case. Instead, the parties shall comply with the following schedules. 1. By _________________ [21 days from the date this Order is issued], the parties shall serve upon each other (but not file) copies of the following: Plaintiff:1 All documents in Plaintiff's possession, custody or control that pertain to the unpaid wages claimed in the Complaint. Defendant: All time sheets and payroll records in Defendant's possession, custody or control that pertain to work performed by Plaintiff during the time period for which Plaintiff claims unpaid wages. 1 If there is more than one plaintiff or defendant, the singular reference to plaintiff or defendant shall include the plural. 2. By _________________ [42 days from the date this Order is issued], and no earlier, Plaintiff shall answer the Court's Interrogatories (attached to this Order) under oath or penalty of perjury, serve a copy on Defendant, and file the answers with the Court entitled "Notice of Filing Answers to Court's Interrogatories." 3. In collective actions, an exchange of documents as referenced in Paragraph 1 shall occur with respect to opt-in Plaintiffs who join the action before the dissemination of a court- approved opt-in notice. The exchange of documents must occur within twenty days of their filing of opt-in notices with this Court, and such opt-in Plaintiffs must thereafter file and serve their respective answers to the Court's Interrogatories within an additional twenty days. 4. By _________________ [70 days from the date this Order is issued], after Plaintiff serves answers to the Court's Interrogatories, counsel for Plaintiff and Defendant must meet and confer in person in a good faith effort to settle all pending issues, including attorneys' fees and costs.2 The parties, including a representative of each corporate party with full settlement authority, must be available by telephone during the conference to consider and approve any settlement negotiated by counsel. Counsel must have full authority to settle, and must set aside sufficient time for a thorough, detailed, and meaningful conference that is calculated to fully resolve the case by agreement. 5. By _________________ [90 days from the date this Order is issued], after the settlement conference, counsel shall jointly file a Report Regarding Settlement that notifies the Court whether: (1) the parties have settled the case; (2) the parties have not settled the case but wish to continue settlement discussions for a specific period of time; (3) the parties wish to engage in a formal mediation conference before a specific mediator on or before a specific date; 2 In the case of an individual party not represented by counsel, the individual shall comply with the provisions of this Order. 2 (4) either party requests a settlement conference before the United States Magistrate Judge who upon the consent of the parties shall have the authority to approve the settlement as a “fair and reasonable resolution of a bona fide dispute” over FLSA issues without additional filings made by the parties; or (5) the parties have exhausted all settlement efforts and will immediately file a proposed Case Management Order3 signed by counsel for all parties. 6. The parties may consent to the conduct of all further proceedings in this case by the United States Magistrate Judge. Absent consent, the Magistrate Judge shall prepare a report and recommendation as to whether any settlement is a 'fair and reasonable resolution of a bona fide dispute' over FLSA issues. 7. Until the Court enters a case management order, all discovery in this case is STAYED, except as provided in this Order. 8. If no settlement is reached pursuant to these procedures, and this Court later grants a motion permitting notice to be sent to similarly situated individuals advising them of their right to opt-in to this action, the limitations period for any person receiving notice shall be tolled during the period from the date of this Order until the Court enters a case management order lifting the stay on these proceedings. 9. Should the parties settle the dispute at any later time, they must immediately advise the Court and promptly submit a joint motion to approve the settlement. 10. The Court expects strict adherence to these deadlines. Exceptions will be granted only for compelling reasons. Failure to comply may result in the imposition of sanctions, including but not limited to the dismissal of the case and the striking of pleadings. 3 The Case Management Order form is available on Judge Iasparro's website at www.ilnd.uscourts.gov. 3 11. Either party, for good cause shown, may move to alter this schedule should the circumstances so warrant. ENTERED: Rev. 5/30/2025 By: ________________________________________ Michael F. Iasparro United States Magistrate Judge 4 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS WESTERN DIVISION ____________________________________, Plaintiff(s), v. ____________________________________, Defendant(s). Case No. __________ Magistrate Judge Michael F. Iasparro COURT’S INTERROGATORIES TO PLAINTIFF 1. During what period of time were you employed by the Defendant? 2. Who was your immediate supervisor? 3. Did you have a regularly scheduled work period? If so, specify. 4. What was your title or position? Briefly describe your job duties. 5. What was your regular rate of pay? 6. What is the nature of your claim (check all that apply)? Off the clock work (Defendant failed to record, or prohibited you from recording, all of your working time; Misclassification (Defendant mistakenly classified you as exempt from overtime); Miscalculation (Defendant failed to correctly calculate your compensation); Other (Please describe):____________________________________________________ 7. Provide an accounting of your claim, including: (a) dates (b) regular hours worked (c) over-time hours worked (d) pay received versus pay claimed (e) total amount claimed 8. If you have brought this case as a collective action: (a) Describe the class of employees you seek to include in this action. (b) Has an opt-in notice been filed for every potential opt-in Plaintiff who has identified himself or herself as a person who wishes to join this action? 9. Please specify all attorney's fees and costs incurred to date. With respect to attorney's fees, please provide the hourly rate(s) sought and the number of hours expended by each person who has billed time to this case. - 2 - 10. When did you (or your attorney) first complain to your employer about alleged violations of the FLSA? 11. Was this complaint written or oral? (If a written complaint, please attach a copy). 12. What was your employer’s response? (If a written response, please attach a copy). ____________________________________________ Date:___________________________ Signature of Plaintiff STATE OF ILLINOIS BEFORE ME personally appeared the plaintiff, who being first duly sworn, deposes and says that he/she has read the foregoing responses to the Court’s Interrogatories, knows their contents, and to the best of his/her knowledge and belief, the responses are true and correct. SWORN TO AND SUBSCRIBED before me on this _____ day of _______________________, 20_____. ____________________________________ NOTARY PUBLIC - 3 -
=== Joint Initial Status Report and Proposed Case Management Order ===
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS WESTERN DIVISION _____________________________, Plaintiff(s), v. _____________________________, Defendant(s). Case No. ___________ Magistrate Judge Michael F. Iasparro PARTIES’ JOINT INITIAL STATUS REPORT AND PROPOSED CASE MANAGEMENT ORDER The parties submit this joint initial status report and proposed case management order in advance of the initial status hearing set for _________________. Pursuant to Fed. R. Civ. P. 26(f), a meeting was held on _______________ and was attended by: ______________________________________________________________ for Plaintiff(s) and ______________________________________________________________ for Defendant(s). The litigants affirm that they have carefully reviewed the policies and rules set forth in Judge Iasparro’s standing orders on the Court’s website and understand they will be expected to fully explain any failure to comply with these procedures. I. Nature of the Case Including Legal Issues, Factual Issues, and Affirmative Defenses. For claims by or against only some parties, identify which. 1 II. Parties and Service. Identify each individual plaintiff: Identify each individual defendant as well as any issues with service. If more space is needed, attach additional pages to the end of this report. Defendant: Answer Due or Date Answered: List any potential party Defendant(s) may seek to add as a third-party defendant and the basis of their liability. III. Identify any Parallel Cases (including but not limited to possible MDL litigation, underlying criminal proceedings, or related litigation). The parties shall include the case number and the nature and status of the proceedings. 2 IV. Alternative Dispute Resolution. Counsel hereby certify that their clients have read the Western Division Alternative Dispute Resolution Plan, that counsel have discussed with their respective clients the available dispute resolution options provided by the court and private entities, and that counsel have given an estimation of the fees and costs that would be associated with the litigation of this matter, through trial, to their clients. Further, counsel have provided their clients with an estimate of the fees and expenses reasonably expected to be incurred through early successful mediation. Counsel certify that they have discussed the available ADR options with their clients and have considered how this case might benefit from those options. Lastly, if this is a fee shifting case, defense counsel certify they have discussed the advantages and disadvantages of making a Fed. R. Civ. P. 68 offer of judgment. The failure to comply with these requirements will result in sanctions. See Fed. R. Civ. P. 16(c), (f). o The parties have reviewed this Court’s standing order on settlement conferences and anticipate seeking a settlement conference with the Magistrate Judge: ○ immediately ○ after initial disclosures ○ after fact discovery ○ after expert discovery. o The parties agree to private ADR. The mediator/arbitrator is ___________________ and the mediation/arbitration is scheduled for ___________________________. o The parties request that this case be excused from ADR. The parties shall detail below the status of settlement discussions and the potential for future settlement. 3 V. Discovery Plan. The parties jointly propose to the Court the following discovery plan: A) Discovery will be needed on the following subjects: B) Fed. R. Civ. P. 26(a)(1) Disclosures will be exchanged by ______________. The Court requires full and proper Rule 26(a)(1) disclosures by all parties. C) Maximum of __________ interrogatories by each party to any other party. D) Maximum of __________ requests for admission by each party to any other party. E) Maximum of __________ depositions by Plaintiff(s) and __________ by Defendant(s). F) Each deposition [other than of ______________________________] shall be limited to a maximum of ________ hours unless extended by agreement of the parties. G) The deadline for the parties to: (1) file amended pleadings, add counts or parties, and file third-party complaints; or (2) file a motion for leave, when required by Fed. R. Civ. P. 13, 14, or 15, to amend pleadings, add counts or parties, and file third-party complaints is ____________________ (should be no later than 90 days before the close of fact discovery). H) Fed. R. Civ. P. 26(a)(2)(C) disclosures are due by ____________________ (should be not later than 30 days before the close of fact discovery). Absent unusual circumstances, the Court considers treating physicians to be Rule 26(a)(2)(C) witnesses if opinion testimony will be elicited from the physicians. I) Supplementations under Fed. R. Civ. P. 26(e) will be made in a timely manner, but no later than ____________________ (should be no later than 30 days before the close of fact discovery). J) Fact discovery cut-off is set for ____________________. 4 K) Deadlines for retained expert discovery are reserved. The Court will address retained expert disclosures under Fed. R. Civ. P. 26(a)(2)(B) near the close of fact discovery, unless the parties express otherwise: L) Deadlines for dispositive motions are reserved. M) Counsel may not stipulate to extend discovery matters, including depositions, beyond dates already set in this case management order. N) These dates will not be amended absent a showing of good cause. The parties understand that motions for extensions of time should be brought as soon as possible, but at a minimum before the cut-off date, and a party’s failure to do so runs the serious risk that the motion will be denied. VI. Electronically Stored Information that can reasonably be anticipated to be relevant to the litigation will be preserved. When balancing the cost, burden, and need for electronically stored information, the Court and the parties will apply the proportionality standards embodied in Fed. R. Civ. P. 26(b)(1) and (b)(2)(B), as well as consider the technological feasibility and realistic costs of preserving, retrieving, reviewing, and producing electronically stored information. The parties and the Court will discuss and consider any appropriate and reasonable technologies that might further the goals of Fed. R. Civ. P. 1. Counsel should review the helpful information found at www.ediscoverycouncil.com, including the 7th Circuit Council on eDiscovery and Digital Information Model Discovery Plan. 5 VII. Claims of Privilege or of Protection. The parties shall detail below any agreements reached for asserting claims of privilege or of protection as trial-preparation material after information is produced, including whether they seek entry of their agreement as an order under Federal Rule of Evidence 502(d). See Fed. R. Civ. P. 16(b)(3)(B)(iv) and 26(f). Absent any specific agreement reached by the parties, the following provisions will apply: 1) The production of privileged or work-product protected documents, electronically stored information (“ESI”) or other information, whether inadvertent or otherwise, is not a waiver of the privilege or protection from discovery in this case or in any other federal or state proceeding. This Order shall be interpreted to provide the maximum protection allowed by Federal Rule of Evidence 502(d). 2) Nothing contained herein is intended to or shall serve to limit a party’s right to conduct a review of documents, ESI or other information (including metadata) for relevance, responsiveness and/or segregation of privileged and/or protected information before production. 6 VIII. Consent to the Magistrate Judge. (Must check one) o Consistent with Local Rule 73.1, all parties have appeared and consent to have the Magistrate Judge conduct all proceedings in this case, including trial, the entry of a final judgment, and all post-trial proceedings. o Not all parties will consent to proceed before the Magistrate Judge. Plaintiff(s): Defendant(s): Represented By: Represented By: _________________________________ Date _________________________________ Date Rev. 6/26/2025 7
=== Standing Order for Settlement Conferences ===
MAGISTRATE JUDGE MICHAEL F. IASPARRO 327 South Church Street, Courtroom 3200 Rockford, IL 61101 STANDING ORDER FOR SETTLEMENT CONFERENCES The Court encourages the parties to fully explore settlement at the earliest reasonable opportunity in the case. Early consideration of settlement allows the parties to mitigate the substantial cost, time and distractions that are typically part of litigation. For cases that cannot be resolved through settlement, early exploration of settlement often results in focusing and streamlining the issues to be litigated – which, again, can save the parties considerable time and money. A settlement conference requires serious and thorough preparation. This Order sets out the procedures the parties must follow in preparing for the settlement conference and the procedures the Court typically will employ in conducting the conference. Counsel are directed to provide a copy of this Order to their clients and discuss these procedures with them before the settlement conference. INITIAL STATUS HEARING Judge Iasparro will generally hold a status hearing to set the date for the settlement conference and the dates for the exchange of pre-settlement conference letters. Counsel primarily responsible for representing the parties must attend the status hearing even if a date for the settlement conference has been previously arranged by counsel and the Court’s operations specialist. The parties should be prepared to discuss preliminary matters for the settlement conference, including whether there is additional information that must be exchanged before a settlement conference would be beneficial, or whether the parties have engaged in previous settlement discussions. Counsel will also be expected to identify the individuals who will be present and have full settlement authority on behalf of their respective parties. On the date and time set for the settlement conference, all parties and their lead counsel are ordered to appear at the Stanley J. Roszkowski United States Courthouse, 327 South Church Street, Courtroom 3200, Rockford, Illinois. Unless the Court terminates the conference earlier, all participants in the settlement conference should expect to work and be present at the courthouse until 5:00 p.m. SETTLEMENT CONFERENCE PREPARATION 1. PRE-SETTLEMENT CONFERENCE LETTERS The Court requires one letter from each party: a settlement position letter addressed to and exchanged with the other party and submitted to the Court. Settlement conferences are more likely to be productive if the parties have exchanged their settlement positions in writing before the conference. The letters exchanged by the parties and provided to the Court should provide Judge Iasparro with information he needs to assist the parties with exploring settlement. Unless the Court sets a different schedule, plaintiff’s counsel must deliver plaintiff’s settlement letter to defendant’s counsel and the Court at least fourteen (14) days before the settlement conference, and defendant’s counsel must deliver defendant’s settlement letter to plaintiff’s counsel and the Court at least seven (7) days before the settlement conference. All settlement letters submitted at [email protected]. As a reminder, do not file copies of settlement correspondence in the Clerk’s Office or on the CM/ECF system. emailed should Court Court the the be to to 2. FORMAT AND LENGTH OF PRE-SETTLEMENT CONFERENCE LETTERS Plaintiff’s letter should include at least the following information: a. b. c. d. e. A brief summary of the admissible evidence and legal principles supporting plaintiff’s claims that plaintiff asserts will allow it to establish liability and defeat any applicable affirmative defenses. A brief explanation of why damages or other relief would appropriately be granted at trial; An itemization of the damages plaintiff believes can be proven at trial and a brief summary of the evidence and legal principles supporting those damages; A settlement proposal that includes both monetary and non-monetary relief requested; and Any additional information plaintiff believes would be helpful to the Court in assisting the parties to fully resolve the litigation. Defendant’s responsive letter should include at least the following information: 2 a. b. c. d. Any points in plaintiff’s letter with which defendant agrees; Any points in plaintiff’s letter with which defendant disagrees, with references to supporting admissible evidence and legal principles; A response to plaintiff’s settlement proposal and a counter-proposal; and Any additional information defendant believes would be helpful to the Court in assisting the parties to fully resolve the litigation. Counsel must provide his/her client with the opposing party’s letter before the settlement conference. The Court recognizes that the complexity of issues varies amongst cases and may affect the length of settlement letters. As a general rule, parties must limit settlement letters to no more than five (5) pages, exclusive of exhibits, unless they obtain leave of Court. ATTENDANCE OF PARTIES REQUIRED Unless the Court allows otherwise by separate order, parties with full settlement authority are required to attend the conference in person. If a party is an individual, that individual must attend in person. If a party is a corporation or governmental entity, a representative of that corporation or governmental entity (in addition to counsel of record) with full settlement authority must attend in person. “Full settlement authority” means the authority to negotiate and agree to a binding settlement agreement with the opposing party. If a party requires approval by an insurer to settle, then a representative of that insurer with full and complete settlement authority must attend unless the Court excuses such attendance in advance of the settlement conference. The Court strongly believes that the personal presence of the individuals with a stake in the outcome of the settlement conference and their participation in the mediation process that occurs at the conference materially increases the chances of settlement. The Court’s time is wasted and opposing parties incur unnecessary expense if a party comes to the settlement conference with less than full settlement authority. A party who comes to the settlement conference without full settlement authority may be sanctioned, to include, but not limited to, the opposing party’s attorney’s fees incurred in relation to the settlement conference and any need to reconvene. CONFERENCE FORMAT The Court will generally follow a traditional mediation format, in which the Court initially meets with the parties together to discuss the objectives and process for the conference and then has private meetings with each side. Parties should not prepare formal presentations for the initial joint session. Rather, the parties or their representatives should come to the settlement conference prepared to participate in interactive discussions directly with the Court. The Court encourages all parties to be open-minded and willing to reassess their previous positions and explore creative means for resolving their dispute. CONFIDENTIALITY 3 The pre-settlement conference letters and the settlement conference are governed by Federal Rule of Evidence 408 and Local Rule 83.5 relating to Confidentiality of Alternative Dispute Resolution Proceedings. The Court expects the parties and counsel to address each other with courtesy and respect, but also to speak frankly and openly about their views of the case. MEDICARE AS SECONDARY PAYER In preparation for the settlement conference, consider whether your client has received or will be receiving conditional payments from Medicare to pay for treatment related to this case. If a party has received or will be receiving conditional payments from Medicare to pay for treatment related to this case, he/she must bring a conditional payment letter from Medicare to the settlement conference. A party may access his/her payments directly by logging on to his/her MyMedicare.gov account. Counsel may request a conditional payment letter at: https://www.cob.cms.hhs.gov/MSPRP/assets/msprp/case/CondPymtLetter.htm but must pre- register to do so by submitting proper proof of representation or consent to release this information. Parties should expect Medicare to demand at least 60% of its conditional payments to resolve the case. TOPICS FOR THE SETTLEMENT CONFERENCE The parties and their counsel should consider and be prepared to discuss the following topics, among others, at the settlement conference: a. b. c. d. e. f. g. h. What are your objectives in the litigation? What are the strengths and, just as important, the weaknesses of your case? Do you understand the opposing side’s view of the case? What is wrong with their perception? What is right with their perception? What are the points of agreement and disagreement between the parties? Factual? Legal? Does a settlement require the participation or input of a third party not a party to the case? Are there impediments to a settlement that are not discussed in the parties’ settlement letters? If the party hoping to prevail at trial does prevail, what remedy (i.e., damages, injunctive relief, statutory award or penalty, attorneys’ fees, interest) does the law allow? Are there possibilities for non-traditional resolution of the dispute, tailored to the specific circumstances of the case or relationship between the parties? i. Have you considered how to deal with any outstanding liens? 4 SETTLEMENT TERM SHEET If a settlement is reached, the Court will require the parties to complete a settlement term sheet unless the parties provide their own. The parties should review the term sheet (available here: Settlement Term Sheet) prior to the settlement conference so that they are familiar with the most common issues raised in finalizing a settlement. Rev. 7/29/2025 5