IN THE UNITED STATES DISTRICT COURT

May 21, 2025

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ILLINOIS

IN RE: CASE ASSIGNMENTS.

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Administrative Order No. 402

ADMINISTRATIVE ORDER

To ensure the Court’s docket is handled efficiently and expeditiously and as part

of the district’s ongoing effort to equalize the distribution of cases, in accordance with

28 U.S.C. § 137, effective May 19, 2025, the work of the Court shall be distributed as

follows.

Criminal Assignments

All new East St. Louis criminal cases shall be divided among the undersigned,

District Judge David W. Dugan, District Judge Stephen P. McGlynn, and Senior District

Judge J. Phil Gilbert randomly and equally at 25 percent each. All new Benton criminal

cases shall be divided among District Judge Staci M. Yandle and Senior District Judge J.

Phil Gilbert randomly and equally.

Civil Assignments

Except as specified below, all civil cases will be assigned randomly and equally to

all district judges at 15 percent each. Senior U.S. District Judge J. Phil Gilbert shall receive

40 percent of these assignments. This includes all (1) non-prisoner, non-pro se civil cases,

(2) any new civil action requesting declaratory judgment and/or the imposition of a

temporary restraining order or any form of injunctive relief, (3) forfeiture and seizure

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cases (Nature of Suit Codes 625 and 690), (4) bankruptcy appeals (Nature of Suit Codes

422 and 423), and (5) foreclosure cases (Nature of Suit Code 220).

Newly filed non-prisoner pro se civil cases, habeas cases (Nature of Suit Codes 463,

510, 530 and 535), and prisoner cases (Nature of Suit Codes 540, 550, 555, and 560) shall

also be assigned equally and randomly to all district judges with one exception. Senior

U.S. District Judge J. Phil Gilbert will be assigned all newly filed prisoner cases brought

under Nature of Suit Codes 540, 550, 555, and 560 and naming employees of the Bureau

of Prisons or any county jail and/or those institutions as defendant(s). Upon entry into a

case, each party in a newly filed non-prisoner pro se civil case, habeas case, or prisoner

case will be sent a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction

form regarding consenting to the jurisdiction of one of the district’s three magistrate

judges. The Clerk’s Office shall not send a Notice and Consent to Proceed Before a

Magistrate Judge Jurisdiction form in prisoner cases brought under Nature of Suit Codes

540, 550, 555, and 560 and naming employees of and/or the Bureau of Prisons as

defendant(s). Each party will be given 21 days to file the completed form indicating

consent or non-consent to the jurisdiction of a magistrate judge conducting all

proceedings, including trial and entry of final judgment in accordance with 28 U.S.C.

§ 636(c). Upon the consent of all parties in a case, and only if a non-prisoner pro se civil

case or habeas corpus case survives threshold review, the case will be randomly and

equally assigned to a magistrate judge for all further proceedings consistent with

28 U.S.C. § 636(c). If all parties do not consent to the magistrate judge’s jurisdiction, the

case will remain with the presiding district judge. At the district judge’s discretion, a

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motion or matter may be specifically referred to a magistrate judge or a special master in

accordance with 28 U.S.C. §§ 636(b)(1)-(3) and Federal Rule of Civil Procedure 53.

Subsequent consents by all parties to the jurisdiction of a magistrate judge will not be

accepted.

Newly filed Social Security cases (Nature of Suit Codes 861 through 865) will be

assigned to all active district and magistrate judges (consistent with 28 U.S.C. § 636)

randomly and in an equal manner, except for Senior Judge Gilbert, as discussed more

below. If originally assigned to a magistrate judge, upon entry into a case, each party will

be sent a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form

regarding consenting to the jurisdiction of one of the district’s three magistrate judges.

Each party will be given 21 days to file the completed form indicating consent or nonconsent to the jurisdiction of the assigned magistrate judge conducting all proceedings,

including trial and entry of final judgment in accordance with 28 U.S.C. § 636(c). Upon

the consent of all parties in a case, the case and jurisdiction will remain with the

magistrate judge assigned to the case. If all parties do not consent to the magistrate

judge’s jurisdiction, the case will be randomly assigned to a district judge for all further

proceedings. At the district judge’s discretion, a motion or matter may be specifically

referred to the previously assigned magistrate judge or a special master in accordance

with 28 U.S.C. §§ 636(b)(1)-(3) and Federal Rule of Civil Procedure 53. Subsequent

consents by all parties to the jurisdiction of a magistrate judge will not be accepted.

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Judge-Specific Assignments

Senior District Judge J. Phil Gilbert will not be assigned to newly filed Employee

Retirement Income Security Act cases (Nature of Suit Code 791), Products Liability cases

(Nature of Suit Codes 195, 245, 315, 345, 355, 365, 367, 368, and 385), Federal Tort Claim

Act cases pursuant to 28 U.S.C. § 1346, Social Security matters (Nature of Suit Codes 861

through 865), or class actions until further order of the Court.

For judicial economy and efficiency reasons, the following judges shall preside

over certain cases:

x

The undersigned shall continue to preside over all cases involving

the synthetic chemical compound Paraquat Dichloride (MDL No.

3004).

x

District Judge Staci M. Yandle shall continue to preside over all cases

filed against Honeywell International, Inc., alleging personal injury

and/or property damage from hazardous gas emitting from a plan

in Metropolis, Illinois.

x

District Judge Staci M. Yandle shall continue to preside over all

asbestos cases.

x

District Judge Stephen P. McGlynn shall continue to preside over all

newly filed civil cases challenging the legality and/or

constitutionality of Illinois statute 720 Ill. Comp. Stat. 5/24-1.9,

criminalizing the manufacture, possession, delivery, sale, or

purchase of certain firearms.

Any civil case currently assigned to a former or retired magistrate judge shall be

reassigned among the district’s three magistrate judges equally and randomly. Any

criminal case currently assigned to a former or retired magistrate judge shall be

reassigned to the duty magistrate judge. Any cases assigned to retired District Judge

David R. Herndon shall be reassigned to District Judge David W. Dugan; any cases

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assigned to retired District Judge Michael J. Reagan shall be reassigned to District Judge

Stephen P. McGlynn. 1 All other cases assigned to former or retired district judges shall

be reassigned among the district judges equally and randomly.

This Administrative Order SUPERSEDES and VACATES Administrative Order

386.

IT IS SO ORDERED.

DATED: May 16, 2025

____________________________

NANCY J. ROSENSTENGEL

Chief U.S. District Judge

1 This paragraph was amended by Administrative Order 404 to reflect what has been the practice in the

district since October 2020.

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