Judge Karyn L. Bass Ehler
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Deposition Transcript
- 2 copies
Exhibits
- 2 copies
Pretrial Order
- 2 copies
Communication
Chambers
Chambers
Page & Word Limits4 rules
Settlement letters should be no more than 7 pages each.
- Settlement letter
- Up to 7 pages
Settlement letters shall be no more than seven pages, unless a party specifically has requested additional pages.
- Settlement letter
- Up to 7 pages
The joint status report shall contain the following information and be no more than five pages:
- Joint status report
- Up to 5 pages
The joint status report shall contain the following information and be no more than five pages:
- Joint status report
- Up to 5 pages
Document Format Requirements2 rules
Proposed Final Pretrial Order must be in Word format.
- File type
- Word
- Pretrial order
Court's wording
In preparation for the final pretrial conference, the parties shall jointly prepare and submit a Proposed Final Pretrial Order containing the below listed items by email to Chambers_BassEhler@ilnd.uscourts.gov in Word format with all counsel included as cc: recipients.
Judge Bass Ehler refers to the Seventh Circuit Pattern Jury Instructions, and where applicable those instructions should be used absent a good reason for not doing so.
Document Filing Requirements33 rules
Settlement letters must include specified content related to the case, demands/offers, attendees, and insurance representatives.
Court's wording
Consistent with the schedule that is set by the Court, Plaintiff’s counsel must submit a settlement letter to Defendant’s counsel and the Court, describing the nature of the action, the theory of liability, Plaintiff’s demand and its reasoned basis, an itemization of damages, and demand that is not what Plaintiff expects to win at trial, but rather a number that takes into account the risk of loss, cost, and time savings from settling before trial. Accordingly, for the purpose of settlement, any demand and/or itemization for punitive damages should not be included in Plaintiff’s demand. For cases involving personal, physical, emotional distress, or similar injuries, Plaintiff should include a list of comparable jury verdicts and/or settlements to support their demand amount. Additionally, Plaintiff should provide a demand that is updated from any prior negotiations, i.e., not just stand on a prior position. Defendant’s counsel must submit a settlement letter to Plaintiff’s counsel and the Court in response to Plaintiff’s demand, describing the theory of defense and Defendant’s offer, including an explanation for it. Defendant is expected to offer a number that does not assume that there will be no liability. As with Plaintiff, Defendant should provide an offer that is updated from any prior negotiations, i.e., not just stand on a prior position. The parties must include in their settlement letters the names of all individuals who will be attending the settlement conference, along with their role. Defendant also must include whether any insurance representative(s) will be involved, and if so, confirm their attendance.
If a party is claiming an inability or hindrance to pay a judgment, counsel must raise it at this initial hearing and provide verification of that assertion prior to any settlement conference.
Plaintiff’s counsel must submit a settlement letter on the Court’s schedule to defendant’s counsel and the Court, containing the specified case, liability, demand, damages, and legal-authority information.
Court's wording
Consistent with the schedule that is set by the Court, Plaintiff’s counsel must submit a settlement letter to Defendant’s counsel and the Court, describing the nature of the action, the theory of liability, Plaintiff’s demand and its reasoned basis, an itemization of damages, and ===== PAGE 2 ===== citation to legal authority supporting the claimed damages.
All counsel are required to provide the full set of the settlement letters to their clients, who must read them prior to the conference.
The parties must include in their settlement letters the names of all individuals who will be attending the settlement conference, along with their role.
Defendant’s counsel must submit a settlement letter to Plaintiff’s counsel and the Court in response to Plaintiff’s demand, describing the theory of defense and Defendant’s offer, including an explanation for it.
Defendant also must include whether any insurance representative(s) will be involved, and if so, confirm their attendance.
The subject line of the email should include the case number, case name, and title of the submission.
Each side is limited to 10 proposed disputed questions.
In addition to those questions, any proposed voir dire special to the case as well as any objection to that question should be included in the Proposed Final Pretrial Order.
For a jury trial, the parties are directed to meet and agree on proposed jury instructions and verdict forms to the maximum extent possible and to file the jury instructions and verdict forms with the Proposed Final Pretrial Order, noting any objections as needed.
Proposed jury instructions and verdict forms must include per-instruction proponent, legal authority, objections, objection basis, and proposed modifications/alternatives.
Court's wording
The proposed jury instructions must state, on an instruction-by-instruction basis, the proponent of the instruction, the legal authority for the instruction, any objection to the instruction, the basis for the objection, and any proposed modification or alternative instruction. The same principles apply to proposed verdict forms.
1. Description of Claims and Relief Sought. a. Describe the claims and defenses raised by the pleadings. Make sure to include the basis for federal jurisdiction. b. State the relief sought, including an itemization of damages.
Identify any existing discovery deadlines. If no discovery schedule exists and the case is referred for discovery supervision, the parties should confer and submit the following information:
2. Referral Cases. Describe the matter(s) referred to the magistrate judge.
In consent cases, state whether a jury trial is requested, the date when the parties expect to be ready for trial, and the probable length of trial.
State whether the parties anticipate or are engaged in ESI discovery, and, if so, what agreements have been reached regarding ESI and whether there are any areas of disagreement.
Indicate the status of any pending motions.
The joint status report must state whether all parties consent to the magistrate judge conducting all further proceedings; if they do not all consent, report only that not all parties consent and do not identify any party in a mixed-consent situation.
Court's wording
State whether all parties will consent to have Judge Bass Ehler conduct all further proceedings in this case, including trial and entry of final judgment, in accordance with 28 U.S.C. § 636(c) and Federal Rule of Civil Procedure 73. Note: if all parties do not consent, then please state simply that not all parties consent pursuant to 28 U.S.C. § 636(c); do not identify any particular party by name, whether that party consents or not, in a mixed-consent situation. See Federal Rule of Civil Procedure 73(b)(1).
State any other matters that should be brought to the Court’s attention for scheduling purposes.
The joint status report must describe settlement discussions, address whether a settlement conference would be productive and why if not, and explain why discussions have not occurred and what must happen before they would be appropriate and potentially fruitful.
Court's wording
a. Describe the status of any settlement discussions. b. State whether the parties believe a settlement conference would be productive at this time, and if not, briefly explain why. c. If no settlement discussions have taken place, state why that is so, and what needs to occur before settlement discussions would be appropriate and potentially fruitful (i.e., ruling(s) on pending motion(s), completion of particular discovery, focused damages discovery or analysis, etc.).
When the Court requires an initial joint status report, the report must contain specified sections on claims, referrals, discovery, ESI, settlement, magistrate judge consent, pending motions, and trial.
Court's wording
The joint status report shall contain the following information and be no more than five pages: 1. Description of Claims and Relief Sought. a. Describe the claims and defenses raised by the pleadings. Make sure to include the basis for federal jurisdiction. b. State the relief sought, including an itemization of damages. 2. Referral Cases. Describe the matter(s) referred to the magistrate judge. 3. Discovery Schedule. Identify any existing discovery deadlines. If no discovery schedule exists and the case is referred for discovery supervision, the parties should confer and submit the following information: a. A date to exchange Federal Rule of Civil Procedure 26(a)(1) disclosures or confirmation that the information already has been exchanged. b. A date to issue written discovery requests or confirmation that the parties already have exchanged written discovery. c. A date for the completion of all fact discovery, which ordinarily includes treating physician depositions. The parties shall indicate whether the proposed date includes treating physician depositions. d. If the parties anticipate expert discovery, a proposed schedule for Federal Rule of Civil Procedure 26(a)(2) expert disclosures, rebuttal expert reports, and a final date for completion of all expert discovery. If the parties agree on staggered expert discovery, the proposed schedule should set out those dates. e. Any existing pretrial or trial dates set by the assigned district judge. 4. Consideration of Issues Concerning Electronically Stored Information (“ESI”). State whether the parties anticipate or are engaged in ESI discovery, and, if so, what agreements have been reached regarding ESI and whether there are any areas of disagreement. In a patent case, the Court will apply the Local Patent Rules for Electronically Stored Information. 5. Settlement. a. Describe the status of any settlement discussions. b. State whether the parties believe a settlement conference would be productive at this time, and if not, briefly explain why. c. If settlement discussions have not taken place, state why that is so, and what needs to occur before settlement discussions would be appropriate and potentially fruitful (i.e., ruling on any pending motions, completion of particular discovery, focused damages discovery or analyses etc.). 6. Consent to the Magistrate Judge. State whether all parties will consent to have Judge Bass Ehler conduct all further proceedings in this case, including trial and entry of final judgment, in accordance with 28 U.S.C. § 636(c) and Federal Rule of Civil Procedure 73. If all parties do not consent, then simply state that not all parties consent pursuant to 28 U.S.C. § 636(c); do not identify any particular party by name, or whether that party consents or not, in a mixed-consent situation. See Federal Rule of Civil Procedure 73(b)(1). 7. Pending Motions. Indicate the status of any pending motions. 8. Trial. In consent cases, state whether a jury trial is requested, the date when the parties expect to be ready for trial, and the probable length of trial.
Accordingly, for the purpose of settlement, any demand and/or itemization for punitive damages should not be included in Plaintiff’s demand.
For cases involving personal, physical, emotional distress, or similar injuries, Plaintiff should include a list of comparable jury verdicts and/or settlements to support their demand amount.
a. The deadline for Fed. R. Civ. P. 26(a)(1) disclosures. b. A date to issue written discovery requests. c. A fact discovery completion date. For claims involving medical conditions, fact discovery ordinarily includes treating physician depositions. The parties shall indicate whether the proposed date includes treating physician depositions. The parties need not include expert discovery dates. The Court will set expert discovery deadlines at the conclusion of fact discovery. d. Any existing pretrial or trial dates.
Defendant is expected to offer a number that does not assume that there will be no liability.
As with Plaintiff, Defendant should provide an offer that is updated from any prior negotiations, i.e., not just stand on a prior position.
The parties should further establish that each party has the necessary information and documents to engage in meaningful settlement discussions during the conference.
Indeed, the parties should have multiple discussions about settlement between the date on which the Court sets the settlement conference and the actual date of the conference.
Additionally, Plaintiff should provide a demand that is updated from any prior negotiations, i.e., not just stand on a prior position.
When preparing settlement letters, parties are encouraged to consider areas of agreement, creative solutions, and outstanding lienholders and lien amounts.
Court's wording
In preparing their settlement letters, the parties are encouraged to consider whether there are any areas of agreement; whether there are any creative solutions (e.g., licensing agreement, allowing the use of a trademark, re-employment, trainings, payment plan, etc.); and whether there are any outstanding lien holders, particularly Worker’s Compensation, Medicare, or other medical liens (and in what amount).
The parties should also jointly submit proposed jury instructions and verdict forms to Chambers by email with all counsel included as cc: recipients.
Please note the Court has adopted the Principles of the Seventh Circuit Electronic Discovery Pilot Program and the parties should be familiar with them. In a patent case, the Court will apply the Local Patent Rules for Electronically Stored Information.
Filing & Service rules
Electronic Filing Rules
Settlement letters are prohibited from being filed with the Clerk’s Office, are not part of the court record, and are not admissible as evidence.
Settlement letters are not to be filed with the Clerk’s Office, will not be made part of the Court’s record, and will not be admissible as evidence.
Civil cases
Page 2 | A. Before the Settlement Conference: Status Hearing and Exchange of Settlement Letters
When submitting settlement letters to the opposing side, parties must also email them to the Court at the specified address.
Upon submission to the other side, the parties also are required to submit their settlement letters to the Court by e-mail to Settlement_Correspondence_BassEhler@ilnd.uscourts.gov.
Civil cases
Page 2 | A. Before the Settlement Conference: Status Hearing and Exchange of Settlement Letters
Settlement letters must not be filed with the Clerk’s Office or on CM/ECF and are not part of the Court’s record or admissible as evidence.
Settlement letters are not to be filed with the Clerk’s Office or on the CM/ECF system, will not be made part of the Court’s record, and will not be admissible as evidence.
Civil cases
Page 2 | A. Before the Settlement Conference: Status Hearing and Exchange of Settlement Letters
Proposed Final Pretrial Order must be filed on CM/ECF.
The Proposed Final Pretrial Order (excluding copies of exhibits and deposition transcripts) must also be filed on the docket in CM/ECF.
Civil cases
Page 1 | STANDING ORDER FOR PREPARATION OF PROPOSED FINAL PRETRIAL ORDER
The exhibits should not be filed on CM/ECF with the Proposed Pretrial Order.
The exhibits should not be filed on CM/ECF with the Proposed Pretrial Order.
Civil cases
Page 2 | Contents of the Proposed Final Pretrial Order - 7. Exhibits
The deposition transcripts should not be filed on CM/ECF with the Proposed Pretrial Order.
The deposition transcripts should not be filed on CM/ECF with the Proposed Pretrial Order.
Civil cases
Page 2 | Contents of the Proposed Final Pretrial Order - 6. Witnesses
Filing Timing and Cure Windows
The parties must file a joint status report at least three business days before the initial status hearing, unless the Court orders otherwise.
the parties are required to file a joint status report at least three business days before the initial status hearing unless otherwise ordered by the Court.
Civil cases
Page 1 | STANDING ORDER FOR INITIAL JOINT STATUS REPORTS
Service and Proof of Service Rules
Parties must exchange settlement letters with opposing counsel prior to the settlement conference.
Plaintiff’s counsel must submit a settlement letter to Defendant’s counsel and the Court, describing the nature of the action, the theory of liability, Plaintiff’s demand and its reasoned basis, an itemization of damages, and Defendant’s counsel must submit a settlement letter to Plaintiff’s counsel and the Court in response to Plaintiff’s demand, describing the theory of defense and Defendant’s offer, including an explanation for it.
Civil cases
Page 1 | A. Before the Settlement Conference: Status Hearing and Exchange of Settlement Letters
Courtesy Copy Requirements
Two courtesy copies of Proposed Final Pretrial Order must be delivered to Chambers.
In addition, two courtesy copies organized in a manner that is conducive to facilitating the Court's review of the materials must be delivered to Chambers.
Civil cases
Page 1 | STANDING ORDER FOR PREPARATION OF PROPOSED FINAL PRETRIAL ORDER
Two courtesy copies of exhibits must be submitted to Chambers.
The parties shall also submit two courtesy copies of the exhibits to Chambers.
Civil cases
Page 2 | Contents of the Proposed Final Pretrial Order - 7. Exhibits
Two courtesy copies of highlighted deposition transcripts must be delivered to Chambers.
For any witness testimony proposed to be offered by deposition, the parties shall jointly submit to Chambers by email the deposition transcript(s) with the proposed designations from each party highlighted in different colors and shall also deliver two courtesy copies of the highlighted transcript(s) to Chambers.
Civil cases
Page 2 | Contents of the Proposed Final Pretrial Order - 6. Witnesses
Pre-Motion Conference Requirements
Counsel primarily responsible for representing each party at the settlement conference must participate in the status hearing or call.
Counsel primarily responsible for representing the parties during the settlement conference must participate in this status hearing or call.
Civil cases
Page 1 | A. Before the Settlement Conference: Status Hearing and Exchange of Settlement Letters
Parties must meet and confer on all motions in limine before filing; absent prior leave, each side is limited to 5 total motions in limine.
The parties must meet and confer on all motions in limine before filing any such motion. Absent prior leave of court, each side is limited to a total of five (5) motions in limine.
Civil cases
Page 3 | Motions in limine
Counsel who fail to attend a confirmed settlement conference may be sanctioned.
Counsel are cautioned that failure to attend a confirmed settlement conference may result in the imposition of sanctions against them.
Civil cases
Page 4 | E. Cancellation or Rescheduling of the Conference
Adjournment & Extension Requirements
If the parties must reschedule, have concluded that a settlement conference is not necessary or helpful at this time, or have otherwise resolved the case, they should inform Judge Bass Ehler’s Courtroom Deputy as soon as possible.
If the parties must reschedule, have concluded that a settlement conference is not necessary or helpful at this time, or have otherwise resolved the case, they should inform Judge Bass Ehler’s Courtroom Deputy as soon as possible.
Civil cases
Page 4 | Prepare for Success
Parties should notify Judge Bass Ehler’s Courtroom Deputy as soon as possible if they need to reschedule, no longer consider the conference necessary or helpful, or have resolved the case.
If the parties must reschedule, have concluded that a settlement conference is not necessary or helpful at this time, or have otherwise resolved the case, they should inform Judge Bass Ehler’s Courtroom Deputy as soon as possible.
Civil cases
Page 4 | E. Cancellation or Rescheduling of the Conference
Chambers Communication Rules
Counsel responsible for settlement must participate in the initial status hearing, identify attendees with settlement authority, and raise inability to pay at the initial hearing.
The Court generally will hold an initial status hearing or conference call to set dates for the settlement conference and the exchange of settlement letters. Counsel primarily responsible for representing the parties during the settlement conference must participate in this status hearing or call. Counsel will be expected to identify the individuals who will participate (i.e., not just available via phone) in the settlement conference with settlement authority on behalf of their respective clients, including any insurers, consistent with the requirements of this Standing Order. If a party is claiming an inability or hindrance to pay a judgment, counsel must raise it at this initial hearing and provide verification of that assertion prior to any settlement conference.
Civil cases
Page 1 | A. Before the Settlement Conference: Status Hearing and Exchange of Settlement Letters
Parties must submit settlement letters to the Court via email to the provided chambers address upon sending to opposing counsel.
Upon submission to the other side, the parties also are required to submit their settlement letters to the Court by e-mail to Settlement_Correspondence_BassEhler@ilnd.uscourts.gov
Civil cases
Page 2 | A. Before the Settlement Conference: Status Hearing and Exchange of Settlement Letters
Proposed Final Pretrial Order must be submitted by email to Chambers_BassEhler@ilnd.uscourts.gov with all counsel cc'd.
In preparation for the final pretrial conference, the parties shall jointly prepare and submit a Proposed Final Pretrial Order containing the below listed items by email to Chambers_BassEhler@ilnd.uscourts.gov in Word format with all counsel included as cc: recipients.
Civil cases
Page 1 | STANDING ORDER FOR PREPARATION OF PROPOSED FINAL PRETRIAL ORDER
Exhibit chart must be submitted to Chambers by email with all counsel cc'd.
Each party shall submit to Chambers by email with all counsel included as cc: recipients a chart of all exhibits the party may introduce at trial, as well as any demonstrative exhibits
Civil cases
Page 2 | Contents of the Proposed Final Pretrial Order - 7. Exhibits
Joint chart of objections to designated testimony must be submitted to Chambers by email.
The parties shall also jointly submit to Chambers by email a joint chart containing any objections to designated testimony by page and line number and the basis for the objection, as well as the opposing party's response to such objections.
Civil cases
Page 2 | Contents of the Proposed Final Pretrial Order - 6. Witnesses
Deposition transcripts with proposed designations highlighted must be submitted to Chambers by email and two courtesy copies delivered to Chambers.
For any witness testimony proposed to be offered by deposition, the parties shall jointly submit to Chambers by email the deposition transcript(s) with the proposed designations from each party highlighted in different colors and shall also deliver two courtesy copies of the highlighted transcript(s) to Chambers.
Civil cases
Page 2 | Contents of the Proposed Final Pretrial Order - 6. Witnesses
