Typical Juror Questionnaire; Initial Status Report; Proposed Pretrial Order Procedures; Settlement Conference Procedures

=== Typical Juror Questionnaire ===

CHAMBERS OF JUDGE MANISH S. SHAH UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS 219 SOUTH DEARBORN STREET CHICAGO, ILLINOIS 60604 [DATE] Re: [Case Name], [Case Number] Dear Prospective Juror: Welcome to the United States District Court for the Northern District of Illinois. Our system of justice depends on fair and impartial juries, and I thank you for your willingness to serve. This is a civil lawsuit. [Short description of case/claim(s)]. It is hard to predict how long a trial will last, but we estimate that this trial will take about [X] days, starting on [date]. Our hours are usually 9:45 a.m. until 4:30 p.m. I will begin the jury selection process by introducing you to the people involved in the trial. I will then ask each of you to stand and answer the questions listed on the following page. After you and your fellow prospective jurors have answered these questions, I will ask some follow-up questions. The questions are intended to focus on your ability to be objective and fair when serving as a juror. If these questions do not specifically cover something that in your judgment could (or would) affect your ability to serve as a juror in this case, you should bring it to my attention before the questioning process ends. Honesty and candor are crucial to selecting a fair and impartial jury. Jurors are not allowed to perform their own research about the case or the law, whether in newspapers, books, reference materials, or on the Internet. Information from such a source may be irrelevant, confusing, or inaccurate. Jurors must make a decision based only on what they see and hear in the courtroom. From now until you complete your jury service, or are excused, you must not communicate about or discuss this case with anyone (including your family, friends, or other jurors), and you must not perform any research or investigation on your own. Sincerely, Manish S. Shah United States District Judge 1. Your name and age. 2. What cities or suburbs have you lived in for the last ten years (if Chicago, please identify what part of Chicago). Do you rent or own your home? 3. What is your level of education? 4. What is your current occupation? Please tell us the name of your employer, number of years employed there, and a brief description of your duties (if you are retired, please give this information about your last occupation). 5. What other jobs have you had during your working life? 6. 7. 8. 9. If you are married, please describe your spouse’s occupation, employer, and number of years worked there (if spouse is retired, please give this information about last occupation). Describe the current employment of any adult children, and anyone who lives with you (for example, children, parents, roommates, partners). Have you ever sat on a jury before? If so, did that jury reach a verdict in the case (do not say what the verdict was)? Was your prior jury service related to a civil or criminal case or a grand jury? Have you or anyone close to you ever been involved in a lawsuit or a criminal case (for example, as a party, witness, victim, or accused)? 10. Do you or anyone close have any legal training or worked in a law-related field (including the court system)? 11. Do you or anyone close to you have experience, education, or training in the [industry/business relevant to case on trial]? 12. What experience do you have in [conduct relevant to case on trial]? 13. What are your major hobbies or interests? What do you like to read, watch, or listen to? Where do you get your news? Do you belong to any clubs or organizations? What websites or social media platforms do you frequently use or visit? 14. Is there anything about our schedule, 9:45 a.m. to 4:30 p.m., for [X] days, that will pose an extreme hardship for you? Please remember that jury service is an obligation we all have as citizens. 15. Please review the attached list carefully and let me know if you believe you know someone on the list or have had a significant interaction with one of the entities. Witnesses Or Names That May Be Mentioned At Trial [Case Name], [Case Number]

=== Initial Status Report ===

INITIAL STATUS REPORT This case has been assigned to the calendar of Judge Manish S. Shah. The parties are directed to meet pursuant to Federal Rule of Civil Procedure 26(f) and conduct a planning conference. The parties shall jointly prepare and file an initial status report, containing the following information: 1. The Nature of the Case a. b. c. d. e. Identify the attorneys of record for each party, including the lead trial attorney. State the basis for federal jurisdiction. Describe the nature of the claims asserted in the complaint and any counterclaims. State the major legal and factual issues anticipated in the case. Describe the relief sought by the plaintiff(s). 2. Pending Motions and Case Plan a. b. Identify all pending motions and propose a briefing schedule if one has not been set. Submit a proposal for a discovery plan, including the following information: i. The general type of discovery needed; ii. A date for Rule 26(a)(1) disclosures; iii. A date to issue written discovery; iv. A date to request any amendment of the pleadings; v. A fact discovery completion date; vi. If there will be expert discovery, an expert discovery completion date, including dates for the delivery of expert reports; and vii. A date for the filing of dispositive motions. c. With respect to trial, indicate whether a jury trial is requested and the probable length of trial. 3. Consent to Proceed Before a Magistrate Judge a. Indicate whether the parties consent unanimously to proceed before a Magistrate Judge. 4. Status of Settlement Discussions a. b. c. Indicate whether any settlement discussions have occurred; Describe the status of any settlement discussions; and Whether the parties request a settlement conference.

=== Proposed Pretrial Order Procedures ===

PROPOSED PRETRIAL ORDERS FOR JUDGE SHAH Final Pretrial Conference A final pretrial conference will be held before trial. The purpose of this conference will be to avoid surprises and to simplify the trial. At the conference, the judge will address pending motions in limine, objections to witnesses and exhibits, and contested jury instructions, and will discuss trial procedures and scheduling. The judge may also discuss settlement prospects. Lead trial counsel with authority to discuss all aspects of the case must attend. In advance of the pretrial conference and submission of the proposed pretrial order, the parties should also review Judge Shah’s procedures for jury instructions and jury selection, as provided on his website. Proposed Pretrial Order The parties shall jointly prepare and submit a Proposed Pretrial Order for the Court’s consideration that contains the sections and information described below. The Court will set a date for filing the proposed pretrial order, usually no later than one week prior to the final pretrial conference. The Proposed Pretrial Order must be: • e-mailed to [email protected] in Microsoft Word • format; filed on the docket by selecting the Proposed Pretrial Order event in CM/ECF; 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 e-mail address). 3. Case Statement. Provide a concise, neutral agreed statement of the case to be read by the Court to the jury during jury selection. The statement should include a brief description of the nature of the case, the parties’ claims, and affirmative defenses. 4. Trial Length. State the estimated number of trial days, including jury selection, opening statements, and closing arguments. 1 5. Stipulations and Uncontested Facts. In numbered paragraphs, set forth any stipulations and uncontested facts. The parties must confer in good faith to arrive at as many stipulations and uncontested facts as possible. The parties will be responsible for presenting stipulations to the jury during trial. 6. Witness Lists and Names that Will Be Mentioned. List the witnesses, including expert witnesses, with a very concise (2 or 3 sentences) description of each witness and the witness’s role in the case. The list should be divided into: (a) witnesses who will be called; (b) witnesses whose testimony will be presented by deposition or other prior testimony (indicating whether the presentation will be by reading a transcript or playing a video); and (c) witnesses who might be called or whose testimony might be presented. Witnesses who are not on the lists are barred from testifying unless the proponent shows good cause for the failure to disclose the witness. If there are important names that will be mentioned, but who are not witnesses, list those names. The names on the lists will be provided to the jury during jury selection. 7. Exhibit Lists. The parties must submit an exhibit list that includes summary exhibits and demonstrative exhibits. The list must state the following: (a) the exhibit number; (b) a concise description of the exhibit (with any pertinent dates of documents); (c) a concise statement of the exhibit’s relevance; and (d) whether there is an objection to the exhibit’s admission, and if so, a concise explanation of the objection and the proponent’s theory of admissibility. Any exhibit not objected-to shall be deemed admitted by operation of the Final Pretrial Order without any need for foundation testimony, unless the exhibit is not referred to or published during trial. The parties shall stipulate to the authenticity of exhibits whenever possible. Objected-to exhibits may be submitted to chambers by email to proposed order [email protected]. Large files can be submitted via 2 Box.com. Paper copies must not be delivered to chambers unless requested by the Court. If during trial a party wishes to introduce an exhibit not previously listed, notice should be given as soon as possible to the opposing side and to the Court so that any objections can be discussed. Absent abuse of this process, an exhibit will not be deemed inadmissible simply because it was not included on the original exhibit list, provided the exhibit/document was earlier produced to the opposing side during discovery. 8. Deposition Designations. If the parties have a dispute over deposition designations for trial, the parties should include a deposition designation list with the proposed pretrial order, identifying: (a) the witness; (b) the designations; (c) any objections, with a concise explanation; and (d) any counter-designations. The Court will instruct the parties on submitting transcripts for ruling on objections in advance of the deposition presentation at trial. 9. Requested Relief. Plaintiff (and counter/cross-claimants, if applicable) shall itemize damages and other relief sought. 10. Motions in Limine. In the Proposed Pretrial Order, each party must provide a list summarizing its motions in limine. Motions in limine must also be filed separately on the docket. Each party must file all of its motions in limine in one consolidated filing (or a few consolidated filings). Unless otherwise ordered, responses are due one week after the motion’s filing, and no replies may be filed without leave of court. Any motion in limine must be accompanied by a statement that the party has conferred with the opposing party and the opposing party actually intends to offer the evidence that the movant seeks to exclude, or actually opposes admission of the evidence that the movant seeks to include. If the meet-and- confer process results in agreement over evidentiary issues, that agreement may be memorialized in a stipulation entered into at the final pretrial conference. 11. Jury Selection Questions (Proposed Voir Dire). Judge Shah will always ask routine biographical questions (a typical list is available on his website), and general questions to elicit commitments to follow the law, and to 3 determine whether strong feelings prevent a juror from being fair and impartial. Any additional questions sought by the parties must be listed in the Proposed Pretrial Order. The list should identify (a) agreed-upon questions and (b) proposed questions to which one party objects, with a short basis for the objection. Lengthy or unnecessarily detailed questions will often be rejected by the Court. 12. Proposed Jury Instructions and Verdict Forms. The parties must confer to agree on jury instructions and verdict forms. The Proposed Pretrial Order must include: • a list of any agreed Seventh Circuit Pattern Instructions (which may be listed by citation), and • the complete text of any non-Seventh Circuit Pattern instruction, identifying: o the proponent of the instruction; o the legal authority for the instruction; and o whether there is an objection to the instruction. If an instruction is disputed: (a) the proponent of the instruction must concisely explain the basis for the instruction (below the proposed language), and (b) the objecting party must concisely state the grounds for the objection, citing to legal authority if applicable, and provide a redline of any proposed modification or alternative. Competing, disputed instructions should be placed sequentially in the document to allow ready comparison of the parties’ respective proposals. The same principles apply to proposed verdict forms. 13. Trial Briefs. Judge Shah does not require trial briefs in jury trials. Parties who wish to file a trial brief must seek leave of court to do so. 4

=== Settlement Conference Procedures ===

Settlement Conferences with Judge Shah 1. Exchange of Pre-Conference Demand And Offer Before the settlement conference and with enough time for a response, plaintiff’s counsel shall submit a letter to defendant’s counsel that proposes a settlement and itemizes damages and any other relief sought. The letter must provide a brief explanation of why such a settlement is appropriate. Defendant’s counsel shall submit a written offer to plaintiff’s counsel with a brief explanation of defendant’s response to plaintiff’s demand and an offer from defendant. If settlement is not achieved through this exchange of letters, the letters must be submitted to Judge Shah before the settlement conference, by email to [email protected]. These letters should not be filed on the docket. All settlement letters will be discarded at the close of the case. 2. Additional Preparation for the Conference Parties and counsel should be prepared to discuss the following matters: a. What are your objectives in the litigation? b. What issues (inside and outside of the lawsuit) would you like c. d. resolved? What are the strengths and weaknesses of your case? Do you understand the opposing side’s view of the case? What is right and wrong with their perception of the case? e. What are the points of factual and/or legal agreement between the parties? In other words, where is the common ground? What are the points of factual and/or legal disagreement? f. g. What are the impediments to settlement? h. i. Are there possibilities for a creative resolution of the dispute? Do you have adequate information to evaluate settlement? If not, how can you obtain sufficient information to make meaningful settlement discussion possible? 3. Attendance Of Parties Required Parties with ultimate settlement authority must be physically present at the conference. An insured party shall appear by a representative of the insurer who is authorized to negotiate, and who has authority to settle the matter up to the limits of the opposing party’s existing settlement demand or offer. An uninsured corporate party shall appear by a representative authorized to negotiate, and who has authority to settle the matter up the amount of the opposing party’s existing settlement demand or offer. The availability of a client by telephone is not an acceptable alternative except in extenuating circumstances that must be approved by the Court in advance. 4. Conference Format The Court generally will conduct a settlement conference in a mediation-style format. Parties, counsel, and the judge will meet together at the outset, usually in the courtroom. At that time, the judge will make a few introductory remarks and may invite each participant to make their own introductory remarks to the group as a whole. After introductory remarks, typically, the judge then will meet privately and separately with each party to explore possible avenues for settlement. During this process, the Court urges all parties and counsel to keep an open mind and to be willing to reassess their previous positions and to search for creative ways for resolving the dispute. 5. Statements Inadmissible The Court will require the participants to agree that any statements made by any party or attorney at the settlement conference are inadmissible at trial. Parties and counsel are strongly encouraged to be open and frank in their discussions.