Heather K. McShain

How Judge McShain rules, drawn from 11 signed orders. Every observation links to the order it came from.

Court
U.S. District Court for the Northern District of Illinois
Position
Magistrate judge
Commissioned
May 1, 2020
Education
University of Notre Dame (B.S. in Mathematics); Notre Dame Law School (J.D.)
Signed orders read
11

About Judge McShain

Heather K. McShain was sworn in as a United States Magistrate Judge for the Northern District of Illinois in May 2020. She previously served as a federal prosecutor in both the Northern District of Illinois and the Southern District of New York. She earned her law degree from Notre Dame Law School and presides over the district's Veterans Treatment Court.

Judge McShain's practices and standing orders

Rules for cases before Judge McShain, as published on the court's website (checked October 8, 2026). Judges revise these often, so confirm the current version on the court's site before you file.

Key rules

Motions

In Social Security cases, file the plaintiff’s summary judgment motion within 60 days after the answer and record are filed.

“Within sixty (60) days after the filing of the answer to the complaint and the administrative record, the plaintiff shall file a motion for summary judgment and memorandum in support.”

Discovery

Deliver summary judgment materials to chambers within 24 hours after filing.

“A courtesy copy of the memorandum of law, depositions and other materials relied upon in support of the motion (as required by Local Rule 56.1(a)(1)-(3)) or in opposition to the motion (as required by Local Rule 56.1(b)(1)-(3)) must be delivered to chambers within 24 hours of when it is filed on the CM/ECF system.”

Trial

Seek court permission before contacting jurors after trial.

“After the conclusion of a trial, no party, agent, or attorney shall communicate with any members of the petit jury before which the case was tried without first receiving permission of the Court.”

Standing orders for every case in this court

Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 8, 2026).

Key rules from these orders · The court's local rules ↗

How Judge McShain decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

In Maria R. v. Kijakazi, she remanded a disability decision because limiting the claimant to simple, routine work did not account for the administrative law judge's finding of moderate limits in concentration, persistence, and pace under the cited Seventh Circuit precedent.

“The question, therefore, is whether 'simple, routine tasks' accounts for a moderate limitation in CPP. The answer from the Seventh Circuit, time and time again, has been no.”

In Maria R. v. Kijakazi, she declined to uphold the benefits denial on the Commissioner's later reading of a medical report because the administrative law judge had not relied on that rationale.

“this Court's review of social security decisions is limited to the ALJ's rationales, and a decision cannot be upheld by giving it new ground to stand on.”

In Mary Ann S., the court required the administrative law judge to address later treatment notes that contradicted the decision’s description of the record. The omission prevented the court from tracing how the evidence supported the benefits denial.

“The fact that the ALJ never discussed these records and labeled other medical records–from months before the final Chiro One treatment notes–as plaintiff’s ‘most recent treatment records,’ [12-1] 21, leaves the Court with the impression that this evidence was impermissibly ignored.”

In Orlandra H., the court accepted the administrative law judge’s explanation for discounting parts of the opinion evidence because the decision tied the mental work restrictions to treatment records and daily activities.

“These findings provided substantial evidentiary support for the ALJ’s conclusion that the opinion evidence was ‘not wholly consistent’ with the record.”

Procedural preferences

In Maria R. v. Kijakazi, McShain denied the Commissioner’s Rule 59(e) motion to change a Social Security remand because a new regulatory argument could have been raised in the original merits briefing.

“A motion under Rule 59(e) does not permit a party to advance arguments or theories that could and should have been made before the district court rendered a judgment, nor is it a vehicle for recycling arguments that the Court has previously rejected.”

At a limited-consent exhaustion hearing in Taylor, she held that a detainee’s grievance gave adequate notice of a continuous alleged use-of-force episode even though the detainee could not identify one officer while incapacitated. The ruling addressed exhaustion, not the underlying merits.

“For the reasons set forth above, the Court holds that the defense of failure to exhaust administrative remedies does not bar plaintiff’s claims against defendants Mintah, Hidalgo, and Ochoa.”

Cautions

In Kaepplinger v. Michelotti, she allowed the plaintiffs to substitute a standard-of-care expert after their sole expert became unwilling to cooperate, finding that the delay did not justify forcing them to proceed with a hostile witness.

“Even if such a delay was error, however, it does not merit such a severe punishment---forcing Plaintiffs to prosecute their case using a hostile expert witness as their sole witness on standard of care.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Maria R. v. Kijakazi (Acting Commissioner of Social Security)
1:19-cv-08138 · 2022-10-31
Summary judgment (plaintiff (SSA claimant)) Granted

“the Court grants plaintiff's motion for summary judgment [18], denies the Acting Commissioner's motion for summary judgment [27], reverses the SSA's decision, and remands this case for further proceedings.”

Summary judgment (defendant (Acting Commissioner of Social Security)) Denied

“denies the Acting Commissioner's motion for summary judgment [27], reverses the SSA's decision, and remands this case for further proceedings.”

Maria R. v. Kijakazi (Acting Commissioner of Social Security)
1:19-cv-08138 · 2023-05-09
Motion to alter or amend judgment (defendant (Acting Commissioner of Social Security)) Denied

“The Acting Commissioner's motion to alter or amend judgment [35] is denied.”

Kaepplinger v. Michelotti, M.D., et al.
1:17-cv-05847 · 2021-06-25
Motion to substitute experts (plaintiff) Granted

“Plaintiffs' motion to substitute experts [221] is granted subject to the above.”

Mildred B. v. Bisignano (Commissioner of Social Security)
1:23-cv-04955 · 2025-12-15
Social security appeal (plaintiff) Granted

“Plaintiff’s motion to reverse and remand [11] is granted and defendant’s motion for summary judgment [18] is denied.”

Demerrill H. v. Bisignano (Commissioner of Social Security)
1:25-cv-01725 · 2026-03-30
Social security appeal (plaintiff) Denied

“Plaintiff’s motion to reverse and remand [12] is denied, the Commissioner’s motion for summary judgment [14] is granted, and the denial of benefits is affirmed.”

Angela E. v. Bisignano (Commissioner of Social Security)
1:25-cv-03620 · 2026-03-31
Social security appeal (plaintiff) Granted

“Plaintiff’s motion to reverse and remand [16] is granted and defendant's motion for summary judgment [17] is denied.”

Mary Ann S. v. Bisignano
1:25-cv-06030 · 2026-09-10
Social security appeal (plaintiff) Granted

“Plaintiff’s motion to reverse and remand, [13], is granted and defendant's motion for summary judgment, [16], is denied.”

Orlandra H. v. Bisignano
1:25-cv-12831 · 2026-09-16
Social security appeal (plaintiff) Denied

“Plaintiff’s motion for summary judgment [16] is denied, the Commissioner’s motion for summary judgment [20] is granted, and the denial of benefits is affirmed.”

Taylor v. Dart
1:23-cv-16024 · 2026-08-18

After a limited-consent hearing on an exhaustion defense, the judge held that a detainee's grievance gave notice of his excessive-force claim, including conduct by an officer the detainee could not identify while incapacitated. The order resolves an affirmative defense rather than a filed motion.

Tiffany B. v. Bisignano
1:24-cv-13265 · 2026-06-10
Social security appeal (plaintiff) Denied

“Plaintiff’s motion for summary remand [20] is denied, defendant’s motion for summary judgment [21] is granted, and the denial of benefits is affirmed.”

Maria P. v. Bisignano
1:24-cv-03530 · 2026-03-03
Social security appeal (plaintiff) Granted

“Plaintiff’s motion to reverse and remand [17] is granted and defendant's motion for summary judgment [20] is denied.”

Caseload & timing

From public federal docket records for this judge.

  • Judge McShain's docket includes duty-magistrate warrant and sealed matters, criminal cases, and civil cases in which she handles referred pretrial work while a district judge retains the dispositive motions.
  • Her own dispositive decisions arise principally in consent civil cases, including Social Security and medical-malpractice matters, while her referred work includes discovery disputes.
  • She also presides over the district's Veterans Treatment Court.

Pending matters in the official report

Reported by the Administrative Office of the U.S. Courts under the Civil Justice Reform Act, as of March 31, 2026.

Motions pending more than six months0
Bench trials submitted more than six months0
Bankruptcy appeals pending more than six months0
Social Security appeals pending more than six months2
Civil cases pending more than three years1
ReportMotions over six monthsCases over three years
Mar 202601
Sep 202500
Mar 202501
Sep 202401
Mar 2024016
Sep 202308
Mar 202300
Sep 202201
Mar 202224
Sep 202103
Mar 202102
Sep 202002

A snapshot on that date: matters listed may since have been decided or reassigned. A motion referred to a magistrate judge is counted for both judges. Motions in multidistrict litigation, section 2255 cases and Social Security appeals are not counted, and a very large three-year count is generally a multidistrict docket. Source: Appendix A of the report (PDF); about the report.

How long civil cases take in this court

For the whole of U.S. District Court for the Northern District of Illinois, not for Judge McShain: median time from filing to disposition of the civil cases the court closed in the 12 months ending September 30, 2025, as reported by the Administrative Office of the U.S. Courts.

CasesMedian time
All civil cases closed12,2055.9 months
Closed with no court action4,3007 months
Closed before pretrial7,5585.4 months
Closed during or after pretrial30512.6 months
Closed during trial4249.5 months
12 months endingCases closedMedian time
Sep 202512,2055.9 months
Sep 20249,7006.8 months
Sep 20237,0936 months
Sep 20226,8417.3 months
Sep 20219,70315.1 months
Sep 20208,04610.6 months
Sep 20198,1347.4 months

The table leaves out prisoner petitions, land condemnations, deportation reviews, recovery of overpayments and enforcement of judgments, and reports no median for fewer than 10 cases. A district that closed a large multidistrict litigation in the period shows very large counts and long medians for that year. Source: Table C-5, U.S. District Courts (spreadsheet).

Draft for Judge McShain with the record in hand

Ezel grounds your drafting and research in this profile: what has persuaded Judge McShain, and what has not, cited to the signed orders.

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