All local rules for D. Mass., integrated with this judge's published requirements.
Lead trial counsel are required to attend any pretrial conference.
6. In further preparation for the Final Pretrial Conference, it is ORDERED pursuant to Local Rule 16.5(D) that the parties meet personally on or before [2 weeks before trial, 3 days before final pretrial conference], to discuss and negotiate settlement of the action and/or to narrow the issues to be tried. The Court requests the parties promptly report whether, after this meeting, they intend to settle. Any settlement on the eve of trial may result in the imposition of costs, including the costs associated with bringing in jurors unnecessarily. ... 10. Timely compliance with this Order is not excused, absent the actual filing of closing papers or the entry of a Settlement Order of Dismissal in a form prescribed by the Court.
Motion: The moving party shall comply with the time frames designated in the applicable Federal Rules of Civil Procedure, relevant Local Rules, and any schedule set by this Court. In addition to its motion, the moving party shall file a memorandum not to exceed twenty (20) pages and a statement of material facts (see Section D, infra).
Opposition: An opposition to a motion for summary judgment is due within twenty-one (21) days of service of the motion. See L.R. 56.1. The opposing party shall file a memorandum in opposition not to exceed twenty (20) pages and a unified statement of material facts where the party responds to the moving party’s statement of material facts (see Section D, infra).
Reply: The moving party may file a reply as of right within seven (7) days of the filing of the opposition. A reply shall not exceed five (5) pages. A motion for leave is required to file a longer reply or to obtain a longer period to reply. ... Sur-Reply: A sur-reply is not permitted without leave of the Court.
All exhibits must be submitted to the Courtroom deputy three (3) days prior to the start of trial on a single joint CD. If the parties choose to prepare physical evidence binders, the parties should prepare 2 courtesy copies of documentary trial exhibits for the Court – one for the Judge and one for the clerks. ... Trial exhibits that are printed must be binded in a three-ring binder and tabbed/ordered with a number for each exhibit.
If the parties intend to file a proposed protective order, do you require any particular format and/or a specific time for doing so? A12: Any motion for protective order must include a proposed order as an exhibit to the motion.
Do you typically hold a hearing on motions to dismiss? A27: I consider holding a hearing for a motion to dismiss on a case-by-case basis. Q28: Do you typically hold a hearing on summary judgment motions? A28: Yes
The Court notes that during any telephonic and/or video proceedings, it is important that all participants, including counsel, endeavor to ensure that an accurate record of the proceedings is maintained as all such proceedings are being transcribed by the court reporter. ... If the videoconference is through Zoom, please use both the video and audio features. If you will not have access to a computer/laptop/phone with a camera to use the video feature on Zoom, please contact Suzanne Frisch, the courtroom deputy in advance of the proceeding.
Counsel shall not assume a motion for a continuance will be granted. If the Court hasn't ruled, counsel shall contact the courtroom deputy. Last minute requests to continue short of a true emergency are disfavored.
Typically, do you resolve discovery motions or do you refer them to the magistrate judge? A16: Depends on the case, but I will often refer discovery motions to the magistrate judge.
DISCOVERY DISPUTE RESOLUTION ORDER: As discussed on the record, [ECF No. 131], the parties are expected to expeditiously resolve discovery disputes without filing motions to compel. If the parties cannot resolve a discovery dispute and Court intervention is required, the parties shall file a joint statement not exceeding fifteen (15) pages in length setting forth (1) the current status of discovery; (2) the nature of the dispute; (3) the efforts made by the parties to resolve the dispute; (4) the position of each party regarding the dispute, including relevant case law and authorities; and (5) a certification under L.R. 7.1(a)(2) and L.R. 37.1(b) signed by counsel for each party that they have met and conferred in good faith to resolve the dispute.
Do you typically hold a hearing on discovery? A17: I will typically hold a hearing on a discovery motion, such as a motion to compel. ... A18: I treat discovery disputes as an opportunity to facilitate a focused, practical dialogue about the specific requests at issue.
I strongly encourage the participation of relatively inexperienced attorneys in all court proceedings including initial scheduling conferences, status conferences, hearings on discovery as well as dispositive motions, and examination of witnesses at evidentiary hearings and trials. ... relatively inexperienced attorneys who seek to participate in evidentiary hearings of substantial complexity, such as examining a witness at trial, should be accompanied and supervised by a more experienced attorney, unless leave of Court is granted otherwise. Source ↗
Obligation to Confer: Counsel are reminded of their obligation to confer in good faith to resolve or narrow any issues prior to filing any motion, as set forth in L.R. 7.1(a)(2) and L.R. 37.1. Failure to do so may result in a denial of the motion. ... Cross-Motions: If both sides are filing motions for summary judgment, they shall do so as set forth below. Plaintiff shall file its motion, with a memorandum not to exceed twenty (20) pages and a statement of material facts, on or before the date set forth in the Scheduling Order governing the case. Source ↗