Thomas Michael Durkin

How Judge Durkin rules, drawn from 20 signed orders. Every observation links to the order it came from.

Court
U.S. District Court for the Northern District of Illinois
Position
District judge
Status
Senior status
Appointed by
Barack Obama (Democratic)
Commissioned
December 19, 2012
ABA rating
Unanimously Well Qualified
Education
University of Illinois at Urbana-Champaign, B.S., cum laude, 1975; DePaul University College of Law, J.D., cum laude, 1978
Signed orders read
20

About Judge Durkin

Thomas Michael Durkin is a judge of the United States District Court for the Northern District of Illinois. Appointed by President Barack Obama, Judge Durkin received a commission on December 19, 2012. Judge Durkin assumed senior status on December 26, 2023.

Judge Durkin's practices and standing orders

Rules for cases before Judge Durkin, 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

Trial

In civil jury trials, prepare a final pretrial memorandum jointly.

“In all civil jury trials before Judge Durkin, the parties shall jointly prepare a final pretrial memorandum.”

Trial

Provide two sets of exhibit binders with objected-to representative exhibits at least one week before the pretrial conference.

“At least one week before the pretrial conference, the parties must provide the court with two sets of exhibit binders containing copies of the objected-to representative exhibits.”

Other

For the hearing described in the procedure, file a joint witness report one week ahead.

“Before the Hearing: One week prior to the hearing, the parties shall file a Joint Report stating whether any party intends to present testimony from any witness other than the expert at issue.”

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 Durkin decides

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

What persuades

In Nasrabadi v. Kameli, Durkin dismissed an attorney-malpractice claim as untimely under Illinois’s statute of repose. Nasrabadi had not shown fraudulent concealment that would toll the period.

“because Nasrabadi has failed to demonstrate fraudulent concealment, the time for the claim to be brought cannot be tolled and it must be dismissed as untimely.”

In DeEnterprises, Inc. v. Viking Packaging Technologies, Inc., he granted dismissal without prejudice under forum non conveniens, treating Viking's venue motion as a request to enforce the contract's Wisconsin forum clause after finding that public interests did not override it.

“For these reasons, Viking’s motion [11] is granted, and the case is dismissed without prejudice.”

Procedural preferences

In Boundaoui v. Constellation Brands, Inc., he transferred the case to Utah on his own motion under § 1404(a) because the alleged events, witnesses, and evidence were centered there, without deciding a pending motion to dismiss.

“the Court on its own motion pursuant to 28 U.S.C. § 1404(a), and without expressing any opinion as to Constellation’s motion to dismiss, now transfers this case to the United States District Court for the District of Utah for further proceedings.”

In Nasrabadi v. Kameli, he granted summary judgment after the plaintiff failed to identify the legal duty supporting his fiduciary claim or connect the evidence to its elements.

“Without such argument, it is impossible for the Court to determine whether a reasonable jury could find that Kameli breached any duty to Nasrabadi.”

In one disability employment case, the court treated the reasonableness of a requested chance to sit during painful periods as a factual question unsuitable for resolution on a motion to dismiss. It accepted the worker’s pleaded request and left factual testing for discovery.

“the question of whether the requested accommodation was reasonable is a fact-specific inquiry not appropriate for resolution on a motion to dismiss.”

In a data-breach transfer dispute, the court kept the case in Illinois because witnesses and events were spread across several states and Kansas was not shown to be clearly more convenient. Kansas had a shorter median time to trial, but docket speed alone did not justify transfer.

“But docket speed alone does not warrant transfer.”

Cautions

In Till v. National General Accident and Health Insurance, Durkin held that a policy covering only a business’s sole working owner, with no employees, was outside ERISA. He treated whether the policy was an ERISA plan as a merits question in that case.

“Till does not allege that his business had any employees. And the insurance policy he bought was for himself alone. ... Accordingly, Till's policy is not covered by ERISA.”

In Holt v. MRS BPO, Durkin denied the plaintiff’s TCPA summary-judgment motion because the call evidence left factual questions a jury could resolve for the defendant.

“Holt is unable to demonstrate that a reasonable jury could not find in favor of MRS on any of the required elements. As such, summary judgment on her TCPA claim in Count IV is denied.”

In a discrimination and wage case, he expressly told both sides to moderate their briefing after describing its tone as excessive and mean-spirited.

“Lastly, the Court notes that some of the rhetoric in the briefs was over-the-top and mean-spirited. Both counsel should tone it down a bit.”

Signed rulings

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

Till v. National General Accident and Health Insurance Company
1:21-cv-01256 · 2022-03-08
Motions to dismiss (defendant) Granted

“Therefore, National General's motion to dismiss [16] is granted, and Till's claim is dismissed. ... Because Till's ERISA claim is dismissed as a matter of law ... the claim is dismissed with prejudice.”

DeEnterprises, Inc. v. Viking Packaging Technologies, Inc.
1:19-cv-06540 · 2019-11-18
Motions to dismiss (defendant) Granted

“For these reasons, Viking's motion [11] is granted, and the case is dismissed without prejudice.”

Boundaoui v. Constellation Brands, Inc.
1:21-cv-00427 · 2021-11-03
Motions to dismiss (defendant) Moot / procedural

“the Court on its own motion pursuant to 28 U.S.C. § 1404(a), and without expressing any opinion as to Constellation's motion to dismiss, now transfers this case to the United States District Court for the District of Utah for further proceedings.”

Holt v. MRS BPO, LLC
1:12-cv-02571 · 2013-10-21
Summary judgment (plaintiff) Denied

“Holt is unable to demonstrate that a reasonable jury could not find in favor of MRS on any of the required elements. As such, summary judgment on her TCPA claim in Count IV is denied.”

Summary judgment (defendant) Denied

“a reasonable jury could find that any alleged calls to MRS were made to collect a covered debt because that is what the company ‘primarily’ collects. As such, MRS is not entitled to summary judgment on the FDCPA claims in Counts I, II, and III.”

Nasrabadi v. Kameli
1:18-cv-08514 · 2023-02-22
Summary judgment (defendant) Granted

“Therefore, Kameli's motion for summary judgment [128] is granted.”

Tang v. The Partnerships and Unincorporated Associations Identified on Schedule A
1:23-cv-04587 · 2024-01-04
Motions to dismiss (defendants) Granted

“For the foregoing reasons, the Court grants Yummy Makeup and Wings of Esa's motion to dismiss as to joinder and dismisses the case against those two defendants without prejudice.”

Klauber Brothers, Inc. v. The Partnerships and Unincorporated Associations Identified in Schedule A
1:23-cv-10407 · 2024-01-17
Motions to dismiss (defendant) Denied

“For the foregoing reasons, the Court denies Dongyan's motion to dismiss and quash service and motion to dissolve the preliminary injunction.”

Motion to quash service (defendant) Denied
Motion to dissolve preliminary injunction (defendant) Denied
Oxinio v. Equifax Information Services, LLC
1:23-cv-06658 · 2024-02-20
Motions to dismiss (defendant PHH) Denied

“For the foregoing reasons, the Court denies PHH's motion to dismiss.”

Garrett v. Family First Center of Lake County
1:23-cv-17074 · 2024-04-29
Motions to dismiss (defendant) Denied

“Therefore, Family First's motion to dismiss [11] is denied.”

True v. Early Childcare III, LLC
1:25-cv-03070 · 2025-10-14
Motions to dismiss (defendant) Denied

“For the foregoing reasons, the Court denies the motion to dismiss.”

Johnson v. Phoenix Exteriors Inc.
1:20-cv-02135 · 2020-12-09
Motions to dismiss (defendant) Denied

“Therefore, Defendants’ motion to dismiss [19] is denied. So is Defendants’”

Motion for more definite statement (defendant) Denied

“motion for a more definite statement [18]. The information Defendants seek in their”

Gant v. City of Chicago
1:13-cv-06231 · 2017-02-13
Summary judgment (defendant) Granted

“was not harmed by the defendants’ inaction, that the motion for summary judgment is granted.”

Caseload & timing

From public federal docket records for this judge.

Median case duration in the sampled dockets: 1127 days (N = 2).

Median motion-to-ruling time: 464 days (N = 1).

  • Judge Durkin has continued to receive civil assignments during senior service.
  • The reviewed merits cases span employee benefits and insurance, commercial contracts and forum selection, civil rights and venue transfer, consumer-protection claims, attorney malpractice, and investor-visa disputes.
  • His notable criminal matters include the 2016 sentencing of former U.S. House Speaker Dennis Hastert.
  • Case-type information was unavailable for some matters.

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 months11
Bench trials submitted more than six months0
Bankruptcy appeals pending more than six months0
Social Security appeals pending more than six months0
Civil cases pending more than three years134
ReportMotions over six monthsCases over three years
Mar 202611134
Sep 202512123
Mar 20258118
Sep 20244126
Mar 202410111
Sep 20233083
Mar 20231678
Sep 2022629
Mar 20221133
Sep 20212127
Mar 20211429
Sep 20201825

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 Durkin: 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 Durkin with the record in hand

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

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