Judge Finnegan encourages parties to consent to her jurisdiction so that she may preside over the entirety of the case, including ruling on dispositive motions and presiding over any trial. Because Judge Finnegan does not handle felony criminal cases, she generally is able to accommodate the requests of counsel for particular (and firm) trial dates. Parties are encouraged to read 28 U.S.C. § 636 and Fed. R. Civ. P. 73 regarding trial by consent and  discuss this option with their clients and opposing counsel.

Magistrate Judge Consent Form

Judge Finnegan encourages parties to consent to her jurisdiction so that she may preside over the entirety of the case, including ruling on dispositive motions and presiding over any trial. Because Judge Finnegan does not handle felony criminal cases, she generally is able to accommodate the requests of counsel for particular (and firm) trial dates. Parties are encouraged to read 28 U.S.C. § 636 and Fed. R. Civ. P. 73 regarding trial by consent and  discuss this option with their clients and opposing counsel.

Magistrate Judge Consent Form

Upon assignment of a case by consent or referral to Magistrate Judge Finnegan, an initial status conference will be set by means of a minute order except in Social Security cases. The parties need not file a written status report prior to the hearing unless one is requested by the Court.

Consistent with the scope of the consent or referral, the Court may set discovery schedules, briefing schedules, and other deadlines and timetables. Accordingly, the lead trial counsel for each party, or an attorney with substantial familiarity with and responsibility for the case, shall appear at the initial status conference and be prepared to discuss all aspects of the case. To the extent consistent with the scope of the consent or referral, the parties should be prepared to discuss the following subjects:

1. Whether all necessary parties have been named and served;
2. The basis for federal jurisdiction;
3. The general nature of the claims and any counterclaims, and the major contested legal and factual issues;
4. The nature of any responsive pleadings or motions that have been filed or are anticipated;
5. The relief sought by plaintiff, the amount in controversy, elements of damages, and whether there is insurance coverage;
6. The possibility of settlement;
7. The nature, scope and scheduling of discovery, particularly discovery that is necessary to engage in meaningful settlement negotiations and so should be given priority;
8. The probable length of any trial.

Upon assignment of a case by consent or referral to Magistrate Judge Finnegan, an initial status conference will be set by means of a minute order except in Social Security cases. The parties need not file a written status report prior to the hearing unless one is requested by the Court.

Consistent with the scope of the consent or referral, the Court may set discovery schedules, briefing schedules, and other deadlines and timetables. Accordingly, the lead trial counsel for each party, or an attorney with substantial familiarity with and responsibility for the case, shall appear at the initial status conference and be prepared to discuss all aspects of the case. To the extent consistent with the scope of the consent or referral, the parties should be prepared to discuss the following subjects:

1. Whether all necessary parties have been named and served;
2. The basis for federal jurisdiction;
3. The general nature of the claims and any counterclaims, and the major contested legal and factual issues;
4. The nature of any responsive pleadings or motions that have been filed or are anticipated;
5. The relief sought by plaintiff, the amount in controversy, elements of damages, and whether there is insurance coverage;
6. The possibility of settlement;
7. The nature, scope and scheduling of discovery, particularly discovery that is necessary to engage in meaningful settlement negotiations and so should be given priority;
8. The probable length of any trial.

A. Confidentiality Agreement Among the Parties (No Court Order is Necessary)

The parties may properly agree among themselves to limit disclosure of unfiled discovery information to certain specified persons during the litigation and not to voluntarily disseminate such information to other persons. Court approval of such an agreement or a court order is not necessary. Such an agreement may well address most of the parties’ confidentiality concerns since only a small subset of discovery is typically ever filed in the public court record or used during a court proceeding.

 

 B. Protective Order Entered by the Court

If the parties require a protective order entered by the Court, they are directed to use the model protective order approved by the full Court and set forth in the Local Rules: Form LR 26.2 Model Confidentiality Order. While the parties may deviate from the model order, the additions and deletions are to be redlined. The Court’s issuance of the protective order will constitute the determination, as required by Fed. R. Civ. P. 26(c), that good cause exists for the issuance of the order. However, issuance of any protective order will not be given preclusive effect as a determination of good cause for Rule 26(c) purposes if, at a future time, a party or an interested member of the public moves for relief from the limitations of the protective order. In the event of such a motion, the Court will engage in an appropriate assessment of the interest between privacy and public access to make a determination of good cause as to the challenged document(s) in light of the facts then before the Court. See Jepsen, Inc. v. Makita Elec. Works, Ltd., 30 F.3d 854, 859 (7th Cir. 1994).

 

C. Filing Material Under Seal

On September 27, 2012, the full Court approved an amendment to Local Rule 26.2 Restricted Documents. Please consult Local Rule 26.2 before seeking to file material under seal. With respect to documents filed electronically, that rule states that a party must (1) provisionally file the document electronically under seal; (2) file electronically at the same time a public-record version of the document with only the sealed material excluded; and (3) file a motion to seal before or simultaneously with the provisional filing and notice it for presentment promptly thereafter.

 

The Court will not approve the filing of entire pleadings or briefs under seal. See Pepsico, Inc.v. Redmond, 46 F.3d 29 (7th Cir. 1995) and In the Matter of Grand Jury, 983 F.2d 74 (7th Cir. 1992). If material is to be filed under seal, the motion to seal must demonstrate good cause by including a specific description of each document or category of information to be sealed and explaining why confidentiality is necessary.

D. Use of Medical Records in Litigation

The Court reminds counsel that the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its regulations create a procedure for obtaining authority to use medical records in litigation, including requesting a qualified protective order. 45 C.F.R. § 164.512(e). A "qualified protective order" means an order that: (1) prohibits the parties from using or disclosing the protected health information for any purpose other than the litigation for which such information was requested and (2) requires the return to the covered entity or destruction of the protected health information (including all copies made) at the end of the litigation. 45 C.F.R. § 164.512(e)(1)(v). 

Model HIPAA Protective Order

A. Confidentiality Agreement Among the Parties (No Court Order is Necessary)

The parties may properly agree among themselves to limit disclosure of unfiled discovery information to certain specified persons during the litigation and not to voluntarily disseminate such information to other persons. Court approval of such an agreement or a court order is not necessary. Such an agreement may well address most of the parties’ confidentiality concerns since only a small subset of discovery is typically ever filed in the public court record or used during a court proceeding.

 

 B. Protective Order Entered by the Court

If the parties require a protective order entered by the Court, they are directed to use the model protective order approved by the full Court and set forth in the Local Rules: Form LR 26.2 Model Confidentiality Order. While the parties may deviate from the model order, the additions and deletions are to be redlined. The Court’s issuance of the protective order will constitute the determination, as required by Fed. R. Civ. P. 26(c), that good cause exists for the issuance of the order. However, issuance of any protective order will not be given preclusive effect as a determination of good cause for Rule 26(c) purposes if, at a future time, a party or an interested member of the public moves for relief from the limitations of the protective order. In the event of such a motion, the Court will engage in an appropriate assessment of the interest between privacy and public access to make a determination of good cause as to the challenged document(s) in light of the facts then before the Court. See Jepsen, Inc. v. Makita Elec. Works, Ltd., 30 F.3d 854, 859 (7th Cir. 1994).

 

C. Filing Material Under Seal

On September 27, 2012, the full Court approved an amendment to Local Rule 26.2 Restricted Documents. Please consult Local Rule 26.2 before seeking to file material under seal. With respect to documents filed electronically, that rule states that a party must (1) provisionally file the document electronically under seal; (2) file electronically at the same time a public-record version of the document with only the sealed material excluded; and (3) file a motion to seal before or simultaneously with the provisional filing and notice it for presentment promptly thereafter.

 

The Court will not approve the filing of entire pleadings or briefs under seal. See Pepsico, Inc.v. Redmond, 46 F.3d 29 (7th Cir. 1995) and In the Matter of Grand Jury, 983 F.2d 74 (7th Cir. 1992). If material is to be filed under seal, the motion to seal must demonstrate good cause by including a specific description of each document or category of information to be sealed and explaining why confidentiality is necessary.

D. Use of Medical Records in Litigation

The Court reminds counsel that the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its regulations create a procedure for obtaining authority to use medical records in litigation, including requesting a qualified protective order. 45 C.F.R. § 164.512(e). A "qualified protective order" means an order that: (1) prohibits the parties from using or disclosing the protected health information for any purpose other than the litigation for which such information was requested and (2) requires the return to the covered entity or destruction of the protected health information (including all copies made) at the end of the litigation. 45 C.F.R. § 164.512(e)(1)(v). 

Model HIPAA Protective Order

The Court has prepared a Standing Order setting forth its settlement conference procedures. That Standing Order may be obtained from this website or from the Courtroom Deputy. Counsel and their clients must read the procedures in that Standing Order prior to any settlement conference with the Court and follow the procedures.

Standing Order for Settlement Conferences 

In preparation for the settlement conference, the parties should consider the Settlement Checklist/Term Sheet that Judge Finnegan often requires the parties to complete at the conclusion of the settlement conference. This document covers the most common issues raised in finalizing a settlement agreement. The Court has prepared a Standing Order setting forth its settlement conference procedures. That Standing Order may be obtained from this website or from the Courtroom Deputy. Counsel and their clients must read the procedures in that Standing Order prior to any settlement conference with the Court and follow the procedures.

Standing Order for Settlement Conferences 

In preparation for the settlement conference, the parties should consider the Settlement Checklist/Term Sheet that Judge Finnegan often requires the parties to complete at the conclusion of the settlement conference. This document covers the most common issues raised in finalizing a settlement agreement.

The Commissioner is ordered to file a certified copy of the administrative record by 60 days after the filing of the complaint, but the Commissioner should not submit a hard copy of the administrative record to chambers until ordered to do so.  Plaintiff's opening brief for remanding or reversing the Commissioner’s final decision is due by 30 days after the administrative record is filed.  The Commissioner’s response brief in support of the final decision is due by 30 days after Plaintiff’s brief is filed.  Plaintiff’s reply brief is due by 14 days after the response is filed, but one is not required.

A. Plaintiff’s Memorandum

The plaintiff shall identify the specific grounds for reversal or remand. Arguing generally that the ALJ’s decision is not supported by substantial evidence is not sufficient. The plaintiff shall include only those facts that relate to the issues presented. It is not necessary to include the plaintiff’s entire medical history if it is not relevant to the issues raised. It is also not necessary to devote multiple pages to the well-recognized standards for the five-part test. Cite a case that you believe accurately states the legal principles you wish the Court to apply, and make the Court aware of relevant contrary authority.

B. The Commissioner’s Memorandum

The Commissioner shall specifically respond to the plaintiff’s assertions and arguments. Arguing generally that the ALJ’s decision is supported by substantial evidence is not sufficient. The Commissioner’s brief may supplement the plaintiff’s facts where needed, but it should not repeat facts included in the plaintiff’s brief if they are not in dispute. Be sure and cite to specific record evidence in support of each argument.

The Commissioner is ordered to file a certified copy of the administrative record by 60 days after the filing of the complaint, but the Commissioner should not submit a hard copy of the administrative record to chambers until ordered to do so.  Plaintiff's opening brief for remanding or reversing the Commissioner’s final decision is due by 30 days after the administrative record is filed.  The Commissioner’s response brief in support of the final decision is due by 30 days after Plaintiff’s brief is filed.  Plaintiff’s reply brief is due by 14 days after the response is filed, but one is not required.

A. Plaintiff’s Memorandum

The plaintiff shall identify the specific grounds for reversal or remand. Arguing generally that the ALJ’s decision is not supported by substantial evidence is not sufficient. The plaintiff shall include only those facts that relate to the issues presented. It is not necessary to include the plaintiff’s entire medical history if it is not relevant to the issues raised. It is also not necessary to devote multiple pages to the well-recognized standards for the five-part test. Cite a case that you believe accurately states the legal principles you wish the Court to apply, and make the Court aware of relevant contrary authority.

B. The Commissioner’s Memorandum

The Commissioner shall specifically respond to the plaintiff’s assertions and arguments. Arguing generally that the ALJ’s decision is supported by substantial evidence is not sufficient. The Commissioner’s brief may supplement the plaintiff’s facts where needed, but it should not repeat facts included in the plaintiff’s brief if they are not in dispute. Be sure and cite to specific record evidence in support of each argument.

If you are a pro se litigant(meaning you do not have a lawyer) in this district, the District Court Self-Help Assistance Program may be able to provide you with assistance regarding your case. The help desk attorney operates by appointment only. Appointments are made at the Clerk’s Office Intake Desk on the 20th floor or by calling 312-435-5691.

Use of the help desk attorney is not a substitute for an attorney. You should seriously consider trying to obtain professional legal assistance. Below are lists of organizations that may be able to offer you free or low-cost legal assistance or a referral to an attorney if you can afford to pay for legal services. 

• Free or low-cost legal services
• Referral Services

Additional Resources/Information:

• Title VII and Section 1981: A Guide for Appointed Attorneys in the Northern District of Illinois
• The Americans With Disabilities Act An Age Discrimination In Employment Act: A Guide for Appointed Attorneys in the Northern District of Illinois
• Local Rule 56.2 - Notice to Pro Se Litigants Opposing Summary Judgment

If you are a pro se litigant(meaning you do not have a lawyer) in this district, the District Court Self-Help Assistance Program may be able to provide you with assistance regarding your case. The help desk attorney operates by appointment only. Appointments are made at the Clerk’s Office Intake Desk on the 20th floor or by calling 312-435-5691.

Use of the help desk attorney is not a substitute for an attorney. You should seriously consider trying to obtain professional legal assistance. Below are lists of organizations that may be able to offer you free or low-cost legal assistance or a referral to an attorney if you can afford to pay for legal services. 

• Free or low-cost legal services
• Referral Services

Additional Resources/Information:

• Title VII and Section 1981: A Guide for Appointed Attorneys in the Northern District of Illinois
• The Americans With Disabilities Act An Age Discrimination In Employment Act: A Guide for Appointed Attorneys in the Northern District of Illinois
• Local Rule 56.2 - Notice to Pro Se Litigants Opposing Summary Judgment

Proposed orders are technically not to be "filed." Rather, they are to be "submitted" to the judge to consider, to modify, if appropriate, and to enter electronically. For example, proposed orders such as stipulated protective orders require court approval before actually being given full effect. To prevent confusion, such proposed orders must be attached to an e-mail sent to the e-mail address of the assigned judge, Proposed_Order_Finnegan@ilnd.uscourts.gov The subject line of the e-mail must include the case number and name, the docket number of the corresponding motion, if any, and the title of the order that is proposed. All such documents must be submitted in a word processing format. Microsoft Word is preferable, but if that is unavailable, other word processing formats (e.g., WORD) will suffice. Such proposed orders must also be served on all other parties to the case. Proposed orders are technically not to be "filed." Rather, they are to be "submitted" to the judge to consider, to modify, if appropriate, and to enter electronically. For example, proposed orders such as stipulated protective orders require court approval before actually being given full effect. To prevent confusion, such proposed orders must be attached to an e-mail sent to the e-mail address of the assigned judge, Proposed_Order_Finnegan@ilnd.uscourts.gov The subject line of the e-mail must include the case number and name, the docket number of the corresponding motion, if any, and the title of the order that is proposed. All such documents must be submitted in a word processing format. Microsoft Word is preferable, but if that is unavailable, other word processing formats (e.g., WORD) will suffice. Such proposed orders must also be served on all other parties to the case.

Law clerk vacancies are posted on Oscar. Applications may only be submitted on-line at https://oscar.uscourts.gov/. Law clerk vacancies are posted on Oscar. Applications may only be submitted on-line at https://oscar.uscourts.gov/.

The Court's final pre-trial order guidelines differ from those in Local Rule 16.1. Parties should consult Judge Finnegan's requirements.

Final Pretrial Order for Consent Cases Before Magistrate Judge Finnegan The Court's final pre-trial order guidelines differ from those in Local Rule 16.1. Parties should consult Judge Finnegan's requirements.

Final Pretrial Order for Consent Cases Before Magistrate Judge Finnegan

Sample Juror Questionnaire Section 1983 Case Sample Juror Questionnaire FLSA Retaliation Case 

Sample Juror Questionnaire FLSA Retaliation Case

Sample Juror Questionnaire Section 1983 Case Sample Juror Questionnaire FLSA Retaliation Case 

Sample Juror Questionnaire FLSA Retaliation Case

Parties should not begin searching for, collecting, and producing electronically stored information (ESI) until they have conferred about the search process.  If the parties have disputes that they are unable to resolve, they may seek a ruling from the Court.  For useful information about the discovery of ESI, the parties may visit

https://www.ediscoverycouncil.com/

Parties should not begin searching for, collecting, and producing electronically stored information (ESI) until they have conferred about the search process.  If the parties have disputes that they are unable to resolve, they may seek a ruling from the Court.  For useful information about the discovery of ESI, the parties may visit

https://www.ediscoverycouncil.com/

Safety Protocol for Bench Proceedings
Safety Protocol for Bench Proceedings

Requirements

Before filing a motion, the movant's counsel must ask opposing counsel whether there is an objection to the motion.  Joint, uncontested, and agreed motions should be so identified in both the title and the body of the motion. If there is an objection, the movant must note that fact in the body of the motion and include an agreed briefing schedule with the motion if at all possible.

 

Motions for extension of time shall indicate (i) the reason for the request, and (ii) the number of previous extensions.  Discovery cutoff dates generally will not be reset except by written motion.

 

Motions should not be noticed for presentment in accordance with Local Rule 5.3(b).  The Court will review the motion and determine the appropriate briefing schedule (if any), and whether a hearing is necessary. A hearing is presumptively necessary in cases involving pro se parties.  If the Court determines a hearing is necessary, it will be schedule by chambers and will either be in person or by telephone depending on the circumstances.

  

Format

The Court follows the 15-page limit on briefs as set forth in Local Rule 7.1.  The 15-page limit also applies to motions that operate as a party’s brief   Reply briefs may not exceed 10 pages without leave of court upon a showing of good cause.

 

All electronically-filed motions and supporting briefs must be generated by printing to PDF from the original word processing file so that the text of the motion is searchable.  In other words, parties should not print a paper copy of the document and then scan it to create a PDF version to be filed.  This type of PDF is not searchable. The scanning method may be used only for exhibits and appendix or reference materials.

 

The Court prefers that citations to unpublished opinions be Westlaw citations.  To the extent possible, briefs and other filings (such as Rule 56.1 statements of fact) should cite exhibits by the ECF docket number and page, not exhibit number. 

 

 

Courtesy Copies

Courtesy copies are required if the electronic filing (including exhibits) exceeds 40 pages.  The courtesy copy should always be printed from ECF after electronic filing so that the copies include the ECF header.  Courtesy copies should be printed on both sides of the paper whenever possible.

 

Parties citing a deposition transcript in a brief should submit only the cited excerpts in hard copy in the condensed format since the Court does not want hard copies of entire deposition transcripts.  The Court prefers documents to be stapled rather than bound on the left hand side, unless the size of the document makes use of a staple impossible.

 

 

If Motions Become Moot

Counsel should call Judge Finnegan's chambers as soon as possible if the parties resolve an issue that is scheduled for argument or is under consideration by the judge.  After normal business hours counsel may leave a message on the chambers' voicemail system (312-435-5657).

Requirements

Before filing a motion, the movant's counsel must ask opposing counsel whether there is an objection to the motion.  Joint, uncontested, and agreed motions should be so identified in both the title and the body of the motion. If there is an objection, the movant must note that fact in the body of the motion and include an agreed briefing schedule with the motion if at all possible.

 

Motions for extension of time shall indicate (i) the reason for the request, and (ii) the number of previous extensions.  Discovery cutoff dates generally will not be reset except by written motion.

 

Motions should not be noticed for presentment in accordance with Local Rule 5.3(b).  The Court will review the motion and determine the appropriate briefing schedule (if any), and whether a hearing is necessary. A hearing is presumptively necessary in cases involving pro se parties.  If the Court determines a hearing is necessary, it will be schedule by chambers and will either be in person or by telephone depending on the circumstances.

  

Format

The Court follows the 15-page limit on briefs as set forth in Local Rule 7.1.  The 15-page limit also applies to motions that operate as a party’s brief   Reply briefs may not exceed 10 pages without leave of court upon a showing of good cause.

 

All electronically-filed motions and supporting briefs must be generated by printing to PDF from the original word processing file so that the text of the motion is searchable.  In other words, parties should not print a paper copy of the document and then scan it to create a PDF version to be filed.  This type of PDF is not searchable. The scanning method may be used only for exhibits and appendix or reference materials.

 

The Court prefers that citations to unpublished opinions be Westlaw citations.  To the extent possible, briefs and other filings (such as Rule 56.1 statements of fact) should cite exhibits by the ECF docket number and page, not exhibit number. 

 

 

Courtesy Copies

Courtesy copies are required if the electronic filing (including exhibits) exceeds 40 pages.  The courtesy copy should always be printed from ECF after electronic filing so that the copies include the ECF header.  Courtesy copies should be printed on both sides of the paper whenever possible.

 

Parties citing a deposition transcript in a brief should submit only the cited excerpts in hard copy in the condensed format since the Court does not want hard copies of entire deposition transcripts.  The Court prefers documents to be stapled rather than bound on the left hand side, unless the size of the document makes use of a staple impossible.

 

 

If Motions Become Moot

Counsel should call Judge Finnegan's chambers as soon as possible if the parties resolve an issue that is scheduled for argument or is under consideration by the judge.  After normal business hours counsel may leave a message on the chambers' voicemail system (312-435-5657).