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United States District Court
Northern District of Illinois
Honorable Virginia M. Kendall, Chief Judge | Thomas G. Bruton, Clerk of Court
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Judge Information
Magistrate Judge Gabriel A. Fuentes
meeting_room Courtroom: 2266 gavel Chambers: 2270 phone Telephone: (312) 435-7570 fax Fax: (312) 777-3850
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Notice of Judicial Absence

Judge Fuentes will not be sitting the following dates:

7/12/24-7/19/24
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Important Information

Communications with Chambers: For case related matters or procedural issues, the Court strongly prefers email over phone communication with the courtroom deputy, with a copy to opposing counsel. Substantive issues must be raised by motion, not email. 

Judge Fuentes' courtroom deputy can be reached at Lauren_Knight@ilnd.uscourts.gov.

Courtesy Copies:  Courtesy copies are not required at this time.  All electronically filed documents should be made word searchable before being filed on the CM/ECF system.

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Biography
U.S. Magistrate Judge Gabriel A. Fuentes was appointed on May 31, 2019. From March 2006 through May 2019, he was a partner at the Chicago law firm of Jenner & Block, where he co-chaired the firm’s Pro Bono Committee, conducted internal investigations, and represented individuals and corporations in federal and state criminal and civil matters, antitrust litigation, First Amendment and media law, and complex class actions. Judge Fuentes has spoken, written, and litigated concerning proper limits on the use of expert testimony in criminal cases. From June 2001 through March 2006, as an Assistant U.S. Attorney in Chicago, Judge Fuentes investigated and prosecuted a wide array of criminal matters, tried and argued multiple cases to verdict and through appeal in the U.S. Court of Appeals for the Seventh Circuit, and engineered the safe return of three U.S. citizen children being held unlawfully in the Kingdom of Jordan. Prior to his government service, Judge Fuentes was an associate and then partner at Jenner & Block from 1994 through June 2001, litigating complex civil matters. Judge Fuentes, who served as a law clerk to the Hon. John F. Grady in the Northern District of Illinois, holds a Juris Doctor degree from Northwestern University’s Pritzker School of Law, where he currently teaches trial practice as an adjunct faculty member. He is a former president of the Chicago Council of Lawyers, a board member of the Chicago Chapter of the Federal Bar Association, and a former commissioner on the American Bar Association’s Commission on Youth At Risk. He also is an active member of the Illinois Latino Judges’ Association, the Hispanic Lawyers’ Association of Illinois, and the Hispanic National Bar Association, which named him Pro Bono Lawyer of the Year in 2015. Before attending law school, Judge Fuentes worked as a professional journalist for news media organizations including the Los Angeles Times, the Chicago Tribune, and the City News Bureau of Chicago. He holds a Bachelor of Science in Journalism degree from the Medill School of Journalism at Northwestern University.
Procedures to be followed in cases assigned to Judge Gabriel A. Fuentes

If you are a pro se litigant (meaning you do not have a lawyer) in this district, the District Court Free Self-Help Assistance Program may be able to provide you with assistance regarding your case. The program operates by appointment and in-person only.  Please click here to sign up for an appointment.  If you have any issues signing up for an appointment, please contact the help desk at (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. 

 

Additional resources and information are available in the following links:

 

If you are a pro se litigant (meaning you do not have a lawyer) in this district, the District Court Free Self-Help Assistance Program may be able to provide you with assistance regarding your case. The program operates by appointment and in-person only.  Please click here to sign up for an appointment.  If you have any issues signing up for an appointment, please contact the help desk at (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. 

 

Additional resources and information are available in the following links:

 

Upon assignment of cases by consent or referral to Judge Fuentes, an initial status conference generally will be set by means of a minute order. If the parties have not yet filed a recent joint status report, the Court commonly will order that the parties file a joint initial status report within a week before the first status hearing. If a recent status report is on file, the Court will not require an additional report and will rely on the previously filed report. For further information see Judge Fuentes' Standing Order for Civil Cases.   Standing Order for Civil Cases Before Magistrate Judge Fuentes.

 

Upon assignment of cases by consent or referral to Judge Fuentes, an initial status conference generally will be set by means of a minute order. If the parties have not yet filed a recent joint status report, the Court commonly will order that the parties file a joint initial status report within a week before the first status hearing. If a recent status report is on file, the Court will not require an additional report and will rely on the previously filed report. For further information see Judge Fuentes' Standing Order for Civil Cases.   Standing Order for Civil Cases Before Magistrate Judge Fuentes.

 

Judge Fuentes adheres to the schedule set forth in Local Rule 16.4 for briefing Social Security cases. Briefs of more than fifteen (15) pages are not permitted, without leave of Court. Parties are encouraged to focus on discussing only the information from the record relevant to the specific grounds they assert for remand/reversal or affirmance. Parties are also encouraged to consider as early as practicable whether the case is suitable for voluntary remand.

Judge Fuentes adheres to the schedule set forth in Local Rule 16.4 for briefing Social Security cases. Briefs of more than fifteen (15) pages are not permitted, without leave of Court. Parties are encouraged to focus on discussing only the information from the record relevant to the specific grounds they assert for remand/reversal or affirmance. Parties are also encouraged to consider as early as practicable whether the case is suitable for voluntary remand.

In many instances, after the filing of a motion or after some other development in the litigation, one or more of the Parties may be in a position to submit a proposed order, based on the Court's ruling or direction, or based on a discussion between the Parties. When the proposed order is ready to be entered by the Court, the Parties should not file them with the Clerk's Office or with the CM/ECF system. Rather, proposed orders are to be "submitted" to the judge to consider, modify (if appropriate) and enter electronically. Such proposed orders must be attached to an e-mail sent to Proposed_Order_Fuentes@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 to the court in a format compatible with Word. All parties should be copied on such email.

Submitting a proposed order electronically is not a substitute for filing a motion. A proposed order may only be submitted after the corresponding motion has been filed unless the Court has given prior leave to submit a proposed order without a motion.

In many instances, after the filing of a motion or after some other development in the litigation, one or more of the Parties may be in a position to submit a proposed order, based on the Court's ruling or direction, or based on a discussion between the Parties. When the proposed order is ready to be entered by the Court, the Parties should not file them with the Clerk's Office or with the CM/ECF system. Rather, proposed orders are to be "submitted" to the judge to consider, modify (if appropriate) and enter electronically. Such proposed orders must be attached to an e-mail sent to Proposed_Order_Fuentes@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 to the court in a format compatible with Word. All parties should be copied on such email.

Submitting a proposed order electronically is not a substitute for filing a motion. A proposed order may only be submitted after the corresponding motion has been filed unless the Court has given prior leave to submit a proposed order without a motion.

Judge Prentice H. Marshall was drawn to the law after reading Clarence Darrow's autobiography when Judge Marshall was 11 years old. A native of Oak Park, Illinois, and a graduate of the University of Illinois at Urbana-Champaign and the University of Illinois College of Law, Judge Marshall went on to become a partner at the law firm of what is now Jenner & Block, and to teach law at the University of Illinois College of Law. From 1973 to 1996, he served with great distinction as a U.S. District Judge for the Northern District of Illinois, presiding over many high-profile civil and criminal trials. In 1996, after 20 years as a trial lawyer and 25 years as a federal judge, Judge Marshall presented the following "Fifteen Ways To Lose a Case" at a seminar at the IIT-Chicago Kent College of Law:

  1. If you are a defendant, always educate your adversary by a motion to dismiss and thereafter a motion for summary judgment.
  2. Take no discovery and resist all discovery sought by your opponent. Present all discovery disputes to the trial judge, or:
    1. Over-do all discovery and be sure to overuse and misuse it at trial.
  3. Do not consider jury instructions in advance of trial. Pattern instructions are quite adequate, and the judge can just read them out of the book.
  4. During jury selection, if you are permitted to question the prospective jurors, try them: Cross-examine them and doubt their answers. If you are not permitted to question the prospective jurors, act aloof and disinterested when the judge questions them, and submit no supplemental questions.
  5. Do not prepare an opening statement -- either wing it or waive it.
  6. Show who is in charge during the trial. Be tough. Object frequently, request sidebars or request that the jury be sent out of the courtroom. Never make pretrial evidence motions in limine. After all, this is an adversary proceeding.
  7. Don't prepare your witnesses. All you want from them is the facts. And don't listen to their answers -- get on with it. And don't rehearse any experiment or demonstration you intend to present in the courtroom.
  8. Lead on direct but not on cross. Never waive cross and always argue with the witness on cross. And don't listen to the answers on cross.
  9. If you are going to offer a deposition, read it to the jury yourself.
  10. Always have at least three persons with you at counsel table and a couple of more in the audience pews. Consult with them frequently, asking the court, "May I have a few moments, Your Honor, to consult my colleagues "
  11. Do not publish exhibits to the jury as they are offered. Hide them.
  12. Do not prepare your closing argument -- make it spontaneous and long.
  13. Do not wait while the jury is deliberating. Go back to the office or the bar.
  14. If it is a bench trial, pressure the judge to decide the case quickly, and if the judge decides the case from the bench, object and interrupt during the decision if it is going against you.
  15. When you lose, blame it on the client.

Judge Prentice H. Marshall was drawn to the law after reading Clarence Darrow's autobiography when Judge Marshall was 11 years old. A native of Oak Park, Illinois, and a graduate of the University of Illinois at Urbana-Champaign and the University of Illinois College of Law, Judge Marshall went on to become a partner at the law firm of what is now Jenner & Block, and to teach law at the University of Illinois College of Law. From 1973 to 1996, he served with great distinction as a U.S. District Judge for the Northern District of Illinois, presiding over many high-profile civil and criminal trials. In 1996, after 20 years as a trial lawyer and 25 years as a federal judge, Judge Marshall presented the following "Fifteen Ways To Lose a Case" at a seminar at the IIT-Chicago Kent College of Law:

  1. If you are a defendant, always educate your adversary by a motion to dismiss and thereafter a motion for summary judgment.
  2. Take no discovery and resist all discovery sought by your opponent. Present all discovery disputes to the trial judge, or:
    1. Over-do all discovery and be sure to overuse and misuse it at trial.
  3. Do not consider jury instructions in advance of trial. Pattern instructions are quite adequate, and the judge can just read them out of the book.
  4. During jury selection, if you are permitted to question the prospective jurors, try them: Cross-examine them and doubt their answers. If you are not permitted to question the prospective jurors, act aloof and disinterested when the judge questions them, and submit no supplemental questions.
  5. Do not prepare an opening statement -- either wing it or waive it.
  6. Show who is in charge during the trial. Be tough. Object frequently, request sidebars or request that the jury be sent out of the courtroom. Never make pretrial evidence motions in limine. After all, this is an adversary proceeding.
  7. Don't prepare your witnesses. All you want from them is the facts. And don't listen to their answers -- get on with it. And don't rehearse any experiment or demonstration you intend to present in the courtroom.
  8. Lead on direct but not on cross. Never waive cross and always argue with the witness on cross. And don't listen to the answers on cross.
  9. If you are going to offer a deposition, read it to the jury yourself.
  10. Always have at least three persons with you at counsel table and a couple of more in the audience pews. Consult with them frequently, asking the court, "May I have a few moments, Your Honor, to consult my colleagues "
  11. Do not publish exhibits to the jury as they are offered. Hide them.
  12. Do not prepare your closing argument -- make it spontaneous and long.
  13. Do not wait while the jury is deliberating. Go back to the office or the bar.
  14. If it is a bench trial, pressure the judge to decide the case quickly, and if the judge decides the case from the bench, object and interrupt during the decision if it is going against you.
  15. When you lose, blame it on the client.

Judge Fuentes recommends that all counsel review the Seventh Circuit's "Standards for Professional Conduct," available on the Seventh Circuit's website. Counsel should pay particular attention to the statement in the preamble of the Standards, stating that "[a] lawyer's conduct should be characterized at all times by personal courtesy and professional integrity in the fullest sense of those terms," and to the first of the listed "Lawyers' Duties to Other Counsel," stating that although the lawyers' role is to advance the legitimate interests of their clients, "[i]n our dealings with others we will not reflect the ill feelings of our clients. We will treat all other counsel, parties, and witnesses in a civil and courteous manner, not only in court, but also in all other written and oral communications." Lawyers practicing in Illinois are reminded that their conduct is subject to the Illinois Rules of Professional Conduct, including but not limited to Rules 3.1, 3.2, 3.3, 3.4, 3.5, and 8.4. In particular, Rule 3.5(d) broadly prohibits conduct that is "intended to disrupt a tribunal." As the commentary to Rule 3.5 states, "[a]n advocate can present the cause, protect the record for subsequent review and preserve professional integrity by patient firmness no less effectively than by belligerence or theatrics," and "[t]he duty to refrain from disruptive conduct applies to any proceeding of a tribunal, including a deposition."

Judge Fuentes recommends that all counsel review the Seventh Circuit's "Standards for Professional Conduct," available on the Seventh Circuit's website. Counsel should pay particular attention to the statement in the preamble of the Standards, stating that "[a] lawyer's conduct should be characterized at all times by personal courtesy and professional integrity in the fullest sense of those terms," and to the first of the listed "Lawyers' Duties to Other Counsel," stating that although the lawyers' role is to advance the legitimate interests of their clients, "[i]n our dealings with others we will not reflect the ill feelings of our clients. We will treat all other counsel, parties, and witnesses in a civil and courteous manner, not only in court, but also in all other written and oral communications." Lawyers practicing in Illinois are reminded that their conduct is subject to the Illinois Rules of Professional Conduct, including but not limited to Rules 3.1, 3.2, 3.3, 3.4, 3.5, and 8.4. In particular, Rule 3.5(d) broadly prohibits conduct that is "intended to disrupt a tribunal." As the commentary to Rule 3.5 states, "[a]n advocate can present the cause, protect the record for subsequent review and preserve professional integrity by patient firmness no less effectively than by belligerence or theatrics," and "[t]he duty to refrain from disruptive conduct applies to any proceeding of a tribunal, including a deposition."

The Court has prepared a Standing Order setting forth its settlement conference procedures. Judge Fuentes' Standing Order for Settlement Conference. Counsel and their clients must read and follow the procedures in that Standing Order prior to any settlement conference with the Court.

The Court has prepared a Standing Order setting forth its settlement conference procedures. Judge Fuentes' Standing Order for Settlement Conference. Counsel and their clients must read and follow the procedures in that Standing Order prior to any settlement conference with the Court.

"Top Ten Ways To Prevent Settlement."

  1. Insult opposing counsel and the client at the settlement conference (e.g., accuse them of lying and cheating).
  2. Fail to bring a party representative with full settlement authority (e.g., bring a party representative who has no authority beyond the existing offer).
  3. Spend more in legal fees than is involved in the case (e.g., come to the settlement conference having already spent $75,000 in fees to defend a $30,000 claim).
  4. Put your own interest in attorney's fees ahead of your client's interest.
  5. Refuse to make any settlement demand or offer.
  6. Pull your settlement demand out of thin air, without a factual or legal basis for it (e.g., demand $1 million in settlement when the maximum statutory recovery is $300.000).
  7. Raise your demand or lower your offer at the settlement conference (e.g., announce at the beginning of the settlement conference that your demand has now increased from $25,000 to $100,000).
  8. Announce at the beginning of the settlement conference that you have no interest in discussing settlement until after the judge has ruled on the summary judgment motion which you intend to file.
  9. Show up at the settlement conference without first looking at the file.
  10. Fail to show up at the scheduled settlement conference.

*The foregoing list was authored by an esteemed former U.S. magistrate judge in this district.

"Top Ten Ways To Prevent Settlement."

  1. Insult opposing counsel and the client at the settlement conference (e.g., accuse them of lying and cheating).
  2. Fail to bring a party representative with full settlement authority (e.g., bring a party representative who has no authority beyond the existing offer).
  3. Spend more in legal fees than is involved in the case (e.g., come to the settlement conference having already spent $75,000 in fees to defend a $30,000 claim).
  4. Put your own interest in attorney's fees ahead of your client's interest.
  5. Refuse to make any settlement demand or offer.
  6. Pull your settlement demand out of thin air, without a factual or legal basis for it (e.g., demand $1 million in settlement when the maximum statutory recovery is $300.000).
  7. Raise your demand or lower your offer at the settlement conference (e.g., announce at the beginning of the settlement conference that your demand has now increased from $25,000 to $100,000).
  8. Announce at the beginning of the settlement conference that you have no interest in discussing settlement until after the judge has ruled on the summary judgment motion which you intend to file.
  9. Show up at the settlement conference without first looking at the file.
  10. Fail to show up at the scheduled settlement conference.

*The foregoing list was authored by an esteemed former U.S. magistrate judge in this district.

The Court has prepared a Standing Order setting forth the form of Final Pretrial Order and other trial preparation procedures that it will normally use in consent cases. That Standing Order may be obtained from this website or from the courtroom deputy. The form of Final Pretrial Order used by the Court varies in certain regards from the form set forth in Local Rule 16.1. Counsel must read and follow the requirements in that Standing Order when filing a Final Pretrial Order in a consent case before the Court. The Court uses certain standard voir dire questions and jury instructions, which are available on this website. Parties also should consult the Federal Civil Jury Instructions of the Seventh Circuit, which are available on this website, for instructions that may be applicable to their case.

Standing Order for Pretrial Procedures in Consent Cases

Standard Voir Dire Questions

Standard Preliminary Jury Instructions

Standard Final Jury Instructions

The Court has prepared a Standing Order setting forth the form of Final Pretrial Order and other trial preparation procedures that it will normally use in consent cases. That Standing Order may be obtained from this website or from the courtroom deputy. The form of Final Pretrial Order used by the Court varies in certain regards from the form set forth in Local Rule 16.1. Counsel must read and follow the requirements in that Standing Order when filing a Final Pretrial Order in a consent case before the Court. The Court uses certain standard voir dire questions and jury instructions, which are available on this website. Parties also should consult the Federal Civil Jury Instructions of the Seventh Circuit, which are available on this website, for instructions that may be applicable to their case.

Standing Order for Pretrial Procedures in Consent Cases

Standard Voir Dire Questions

Standard Preliminary Jury Instructions

Standard Final Jury Instructions
Select a date below to view all schedules.
Tuesday, July 2, 2024
1 case
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Number of days notice: As set by Court order.
Motion Type Day Time
All Motions N/A N/A
Courtroom Deputy
Lauren Knight
(312) 818-6514
Room 2274
Law Clerks
Katherine Welsh
Tamar Karsh-Fogel
Melanie Berkowitz
Arika Osacky-Siegel