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D. Mass. · Judge Mastroianni · Practice Guide

Hon. Mark G. Mastroianni

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

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

Q23: Other than the presumptive pages limits for memoranda under Rule 7.1(b), do you have any other requirements or preferences about the filing of dispositive motions? A23: No.

Opposition

Q23: Other than the presumptive pages limits for memoranda under Rule 7.1(b), do you have any other requirements or preferences about the filing of dispositive motions? A23: No.

Reply

Do you typically allow reply briefs and/or surreply briefs? A25: Yes, Upon request for good cause Q26: If you allow reply and/or surreply briefs, do you impose a page limit? A26: Yes, depends on issue(s) and complexity

Filing & Scheduling
Chambers / courtesy copies
👤 Judge Mastroianni — 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.

Proposed orders
👤 Judge Mastroianni — standing order

A party making a motion for default judgment shall comply with all the requirements of Fed. R. Civ. P. 55 and shall include the filing of affidavits showing the amount of damages. The moving party shall also submit an appropriate form of default judgment in the fashion of the draft order attached hereto as Appendix A; ... The Court will take up the motion for default judgment on the papers at the conclusion of the 14 day period

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

Do you typically hold a hearing on motions to dismiss? A27: often hold hearings but not every case. Depends on issues. Q28: Do you typically hold a hearing on summary judgment motions? A28: Often hold hearings but not every case. Depends on issues. Q29: ... A29: Generally no time limits but as arguments develop or become repetitive the parties may be instucted to move along to another topic or wrap up

Discovery
Discovery referral procedure
👤 Judge Mastroianni — standing order

Typically, do you resolve discovery motions or do you refer them to the magistrate judge? A16: I typically refer them to the magistrate judge.

Discovery dispute procedure
👤 Judge Mastroianni — standing order

Do you typically hold a hearing on discovery? A17: No.

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

the undersigned judge, as a matter of policy, strongly encourages the participation of relatively inexperienced attorneys in all court proceedings including but not limited to initial scheduling conferences, status conferences, hearings on discovery motions and dispositive motions, and examination of witnesses at trial. ... 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 the court gives leave to do otherwise. Source ↗

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