Procedures verified June 28, 2026
Judge Heather K. McShain -- United States District Court, Northern District of Illinois
1025, Everett McKinley Dirksen United States Courthouse, 219 S. Dearborn St., Chicago, IL 60604
warning
Key Traps — Where Counsel Gets Caught
- 1. Do NOT notice motions for presentment -- Court sets all hearing dates.
- 2. NO courtesy copies accepted EXCEPT for summary judgment submissions and final pretrial order submissions.
- 3. No response or reply to a discovery motion may be filed without leave of Court.
- 4. LR 37.2 meet-and-confer extends to ALL motions -- not just discovery. Face-to-face or video required unless impracticable; mere correspondence is insufficient.
- 5. Rule 37.2 Certificate must state with particularity that in-person meeting occurred or why it could not.
- 6. Court may award fees and costs to winning side on discovery motions per FRCP 37(a)(5) -- losing side must be prepared to justify position.
- 7. LR 56.1 strictly enforced: 80-fact-statement cap for movant, 40-fact-statement cap for respondent. Motions to strike not accepted -- raise objections in briefs.
- 8. Courtesy copies of all summary judgment materials due to chambers within 24 hours of CM/ECF filing -- securely bound, tabbed, indexed, with ECF header.
- 9. Extension motions must include statement that movant sought agreement from other side and specify result.
- 10. Emergency motions: notify Peggy Klutcharch by email at peggy_klutcharch@ilnd.uscourts.gov BEFORE filing.
Quick Reference
| Topic | Rule |
|---|---|
| Motion Days | No notice of presentment required. Parties are not to notice motions for presentment. The Court will notify parties of the need, if any, for a hearing by electronic means. Motion schedule: All Motions N/A (Court sets dates). [Judge McShain -- Meeting Requirement on Motions] |
| Motion Limit | 15 pages maximum per Local Rule 7.1. [Judge McShain -- Meeting Requirement on Motions] |
| Reply Limit | Not separately specified; follow LR 7.1 default. |
| Chambers Copies | ✗ Not required Judge McShain does NOT accept courtesy copies of court filings, EXCEPT for submissions associated with Final Pretrial Order Procedures and... [Judge McShain -- Meeting Requirement on Motions] |
| Tentative Rulings | Not issued. Court rules on papers. |
| Remote Appearances | No published individual procedures for remote appearances beyond standard docket entries. |
| Discovery | Discovery disputes resolved by Judge McShain in referral and consent cases. LR 37.2 required. Court will not hear any discovery motion unless parties have complied with LR 37.2. Court believes face-to-face communications are the most effective way to resolve disputes; requires counsel to meet in person unless impracticable -- videoconferencing satisfies this requirement. Rule 37.2 Certificate must state with particularity that this requirement was met or why it could not be met. |
Procedural Briefing by Motion Type
C.D. Cal. · Standing Orders
Procedural Requirements
Key Traps
Compare to Other C.D. Cal. Judges
Procedural facts only. Judges shown to illustrate variance in this district.
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Before You File
Motion Days & Times
No notice of presentment required. Parties are not to notice motions for presentment. The Court will notify parties of the need, if any, for a hearing by electronic means. Motion schedule: All Motions N/A (Court sets dates). [Judge McShain -- Meeting Requirement on Motions]
Notice Period
As set by Court order.
Motion Page / Word Limit
15 pages maximum per Local Rule 7.1. [Judge McShain -- Meeting Requirement on Motions]
Opposition Limit
15 pages maximum per Local Rule 7.1.
Reply Limit
Not separately specified; follow LR 7.1 default.
Font & Formatting
Per LR 5.2(e).
Footnote Policy
Not specified.
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At Filing
Chambers Copies
✗ Not required
Judge McShain does NOT accept courtesy copies of court filings, EXCEPT for submissions associated with Final Pretrial Order Procedures and Motions for Summary Judgment. [Judge McShain -- Meeting Requirement on Motions]
Proposed Orders
Email Word format to Proposed_Order_McShain@ilnd.uscourts.gov. Subject line must include: case number and name, docket number of corresponding motion (if any), and title of proposed order. All documents must be submitted in Word-compatible format. Proposed orders must also be served on all parties. 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 Court has given prior leave. [Judge McShain -- Submitting a Proposed Order]
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Before the Hearing
Tentative Rulings
Not issued. Court rules on papers.
Prohibition / Ex Parte Contact Re Tentatives
N/A.
Oral Argument
Court notifies parties by electronic means whether a hearing is needed. Court most often will decide discovery motions after oral argument at the motion call and without briefing.
Remote Appearances
No published individual procedures for remote appearances beyond standard docket entries.
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Background Rules
Chambers Contact
Email Chambers_McShain@ilnd.uscourts.gov as soon as possible if parties resolve an issue scheduled for argument or under consideration. Copy all counsel of record on any such emails.
Discovery Referral
Discovery disputes resolved by Judge McShain in referral and consent cases. LR 37.2 required. Court will not hear any discovery motion unless parties have complied with LR 37.2. Court believes face-to-face communications are the most effective way to resolve disputes; requires counsel to meet in person unless impracticable -- videoconferencing satisfies this requirement. Rule 37.2 Certificate must state with particularity that this requirement was met or why it could not be met.
Discovery Dispute Procedure Submission-first
LR 37.2 required by separate certificate filed with the motion, attested by attorney. Parties not allowed to file a response or reply to a discovery motion without leave of Court. Court reminds parties that FRCP 37(a)(5) requires awarding fees and costs to the winning side unless losing party's position was substantially justified or awarding fees would be unjust. If excessive discovery motions result from inability to compromise, Court will impose additional meet-and-confer requirements including court reporter presence at parties' equal cost. [Judge McShain -- Discovery Motion Requirements]
Ex Parte Applications
No ex parte communication on case merits. Email Chambers_McShain@ilnd.uscourts.gov to notify if parties resolve a scheduled issue; copy all counsel of record.
Settlement Notification
Court has prepared a Standing Order for settlement conference procedures. Counsel and clients must read and follow the Standing Order prior to any settlement conference. Parties should consider the Settlement Checklist/Term Sheet Judge McShain may require at the conclusion of the conference. [Judge McShain -- Settlement Conference]
Lead Counsel
Lead trial counsel for each party, or attorney with substantial familiarity with and responsibility for the case, shall appear at initial status conference prepared to discuss all aspects of the case.
Under Seal Filings
No documents may be filed under seal without prior order of Court. Must provisionally file document under seal, simultaneously file public-record version with sealed material excluded, and file motion to seal before or simultaneously with provisional filing noticed for presentment promptly. Court will not approve filing entire pleadings or briefs under seal.
Continuances & Calendar Conflicts
No motion for extension of time will be entertained unless movant includes: (1) statement that movant has sought other side's agreement to the extension, and (2) specification of the result of that request.
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AI & Style Preferences
AI Disclosure Requirement
Not specified.
Additional Notes
Submission-first model -- no notice of presentment; Court sets all hearings. No courtesy copies for most filings (exception: summary judgment and pretrial). LR 37.2 extends to all motions. No response/reply on discovery motions without leave. Magistrate judge who encourages consent jurisdiction and can handle firm trial dates.
Sources & Currency
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Procedures verified June 28, 2026.
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