judge console · D. Mass.
D. Mass. · Judge Burroughs · Practice Guide

Hon. Allison D. Burroughs

All local rules for D. Mass., integrated with this judge's published requirements.

Drafting the Motion
Length limits — motion, opposition, reply
👤 Judge Burroughs — standing order
Reply

Yes, when the parties request it and the request seems reasonable, although I do encourage the parties to keep them as brief as possible. Q26: ... A26: Yes. 10 pages, absent leave to file a longer reply or sur reply.

Filing & Scheduling
Chambers / courtesy copies
👤 Judge Burroughs — standing order
Standing order

In connection with dispositive motions, do you require the filing of any courtesy copies of exhibits, depositions and/or other materials in addition to the electronic versions that are filed on ECF? A24: No. ... Do you require the parties to provide a courtesy copy of trial exhibits to the Court before trial? A49: No. ... A51: Courtesy copies are not required, but I do like to have a hard copy of exhibits at trial.

Proposed orders
👤 Judge Burroughs — standing order

A proposed protective order must, however, include the following language: "The Court may allow, after notice to the parties, the disclosure of any document or information covered by this Protective Order, and may modify this Protective Order at any time in the interests of justice, and to ensure that any proceeding before this Court is fair, efficient, and consistent with the public interest."

Filing under seal
👤 Judge Burroughs — standing order

Sealed documents may not be filed electronically. Parties shall file sealed documents by uploading them to the secure dropbox link provided by the Docket Clerk upon the granting of the motion to seal. If the “motion to seal” itself must also be sealed, please email the docket clerk requesting a link. Alternatively, if there are numerous documents to be filed under seal or media files that cannot be filed electronically, parties shall file these by providing the Court with a USB/Flash Drive of the main document and any accompanying memorandum of law or exhibits as separate documents in PDF format, which shall be named and organized in a manner that clearly identifies each document. These files should not be password-protected. *The maximum file size for each PDF is 50mb.

The Hearing
Oral argument
👤 Judge Burroughs — standing order
Default practice

Do you typically hold a hearing on motions to dismiss? A27: Only if I think that argument would be helpful. Q28: Do you typically hold a hearing on summary judgment motions? A28: Only if I think that argument would be helpful. Q29: ... A29: It's a rule of reasonableness depending on the case. I don't impose time limits, but appreciate efficiency.

Remote appearances
👤 Judge Burroughs — standing order

No. But I don't require Rule 16 conferences to be in person (which I formerly did). ... But I will do the initial status (after the case comes up from the Magistrate Judge) over the telephone. ... There are things that I typically do over the phone that I would use Zoom for in certain cases.

Discovery
Discovery referral procedure
👤 Judge Burroughs — standing order

Typically, do you resolve discovery motions or do you refer them to the magistrate judge? A16: I typically resolve them, but frequent fliers may be referred to a magistrate judge.

Discovery dispute procedure
👤 Judge Burroughs — standing order

I sometimes, depending on the case, ask the parties to begin by filing letters rather than immediately jumping to motion practice. This way I can quickly resolve motions/issues that don't actually require full briefing which can be a big time saver. If the issue cannot be addressed in a 2 page or less letter, however, a motion should be filed.

Do you typically hold a hearing on discovery? A17: No. ... A18: I try to resolve them quickly. I don't like the idea of discovery motions holding up the forward progress of a case.

More from Judge Burroughs’s procedures
👤 Judge Burroughs — standing order
Argument counsel requirement

get your associates or more junior attorneys participating as often as possible. Source ↗

MSJ limitation

I encourage the parties to adhere to the state court practice of filing a joint statement of disputed (or undisputed) facts such that I can see everyone's view of each proposed fact in one document. Source ↗

Pre motion procedure

I sometimes, depending on the case, ask the parties to begin by filing letters rather than immediately jumping to motion practice. Source ↗

content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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