Heather K. McShain

Judge Profile: Heather K. McShain

Court: United States District Court for the Northern District of Illinois
Position: Magistrate Judge
Appointed: 2020

Judge Overview
Heather K. McShain was sworn in as a U.S. Magistrate Judge for the Northern District of Illinois on May 1, 2020. Before her appointment, Judge McShain served for ten years as an Assistant U.S. Attorney in the Northern District of Illinois, where she held senior roles including Deputy Chief of the Financial Crimes Section. Previously, she was an Assistant U.S. Attorney for seven years in the Southern District of New York's Civil Division and worked as a litigation associate at Jones Day. She began her legal career as a law clerk for Judge William C. Lee of the U.S. District Court for the Northern District of Indiana and later for Judge Robert E. Cowen of the U.S. Court of Appeals for the Third Circuit. Judge McShain holds a J.D. from Notre Dame Law School and a B.S. in Mathematics from the University of Notre Dame.

Patent Docket
As a magistrate judge, Judge McShain's involvement in patent litigation typically consists of presiding over discovery matters, settlement conferences, and other pretrial proceedings upon referral from a District Judge. The parties in a case may also consent to have her preside over all proceedings, including trial. Public analytics on the volume of her patent docket are limited, though she has handled discovery disputes in complex patent matters. One such reported matter is Feit Elec. Co., Inc. v. CFL Techs., LLC, where she denied a motion to compel and for spoliation sanctions, a decision later affirmed by the district court. Proceedings in her patent cases are governed by the Northern District of Illinois's Local Patent Rules, which provide a comprehensive framework for discovery and claim construction.

Notable Rulings and Cases
While Judge McShain's tenure on the bench has been relatively brief, her rulings on discovery matters have been noted for their pragmatism. In the Feit Electric case, her order denying a motion to compel was described as a "cautionary tale on timeliness and strategy" in long-stayed patent litigation. This indicates a focus on procedural diligence and adherence to court deadlines. The judge is also presiding over pretrial matters in the case of Rare Breed Triggers Inc et al. v. Optic Planet Inc, filed in early 2026.

Local Rules and Procedures
Judge McShain's case procedures page on the court's website outlines several specific standing orders. Parties are instructed not to notice motions for presentment; the court will determine if a hearing is necessary and notify counsel. Judge McShain does not accept courtesy copies of filings, with limited exceptions for motions for summary judgment and final pretrial order submissions. For discovery motions, she requires strict compliance with Local Rule 37.2, including a certificate detailing the parties' meet-and-confer efforts. Her procedures explicitly state a preference for in-person meetings between counsel to resolve discovery disputes whenever practicable. She also reminds parties that Federal Rule of Civil Procedure 37(a)(5) mandates the award of fees and costs to the prevailing party on a discovery motion unless the losing position was substantially justified.