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D. Mass. · Judge Sorokin · Practice Guide

Hon. Leo T. Sorokin

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

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

Plaintiff shall file its motion, with a memorandum not to exceed twenty pages, on or before the date set forth in the Scheduling Order governing the case.

Opposition

Within thirty days of Plaintiff's submission pursuant to paragraph 2(a), Defendant shall file a single memorandum as both its memorandum in opposition to Plaintiff's motion and its memorandum in support of its cross-motion, not to exceed thirty pages

Reply

Reply Briefs: The moving party may file a reply, within seven days of the filing of the opposition, not to exceed five pages. Leave of court is required for a longer reply, a longer period of time to file a reply, or a surreply.

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

Counsel shall provide one courtesy copy to the District Court Clerk's Office of any memorandum related to any motion, along with all affidavits, declarations, exhibits, and other documents accompanying the memorandum, if such filings in connection with a particular memorandum (excluding the memorandum itself) exceed one hundred pages in length. Counsel shall include exhibit tabs with such courtesy copies. Courtesy copies shall be delivered to the District Court Clerk's Office within three business days of the electronic filing.

ECF stamp requirements
👤 Judge Sorokin — standing order

Courtesy copies shall be stamped or otherwise prominently marked as follows: “COURTESY COPY – DO NOT SCAN”.

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

Do you typically hold a hearing on motions to dismiss? A27: Ordinarily yes, especially if the motion presents complicated questions, or if I am considering dismissing a case in its entirety. Q28: Do you typically hold a hearing on summary judgment motions? A28: Yes. Q29: ... A29: I have no general rule imposing time limits.

Remote appearances
👤 Judge Sorokin — standing order

Yes, I typically hold Rule 16 conferences and status conferences via zoom. ... Yes, I typically hold status conferences via zoom. ... Though I prefer to hold all other proceedings in person, I would consider holding any non-evidentiary motion hearing or pretrial conference via Zoom upon request, if the request is made for a good reason.

Discovery
Discovery referral procedure
👤 Judge Sorokin — standing order

Typically, do you resolve discovery motions or do you refer them to the magistrate judge? A16: I often do resolve them myself, but I sometimes refer such motions to a magistrate judge, and I also regularly refer some civil cases to a magistrate judge for all pretrial proceedings (including such motions).

Discovery dispute procedure
👤 Judge Sorokin — standing order

I do encourage counsel to request a status conference with the court if they believe it might eliminate a dispute or expedite its resolution. I also often encourage counsel to submit a joint status report in lieu of discovery motion practice, with the report in repeating format stating: the discovery request and the response; the complaining party's explanation as to why more is required; and the other party's explanation as to why the response is adequate.

It depends on the facts of the case and the nature of the dispute. Q18: ... A18: If I have referred a case to a magistrate judge for all pretrial matters, they handle discovery motions. Otherwise, I review the pleadings, determine whether a hearing would be helpful, and resolve the motion as promptly as possible.

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

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. Source ↗

Citation preference

ECF Citations: As specified in this Court's Order Requiring Compliance with General Practices of This Session, when citing to other documents filed on the Court's electronic docket in the case (e.g., the complaint, another party's memorandum, or an exhibit to a prior submission), parties shall use the citation format “Doc. No. ___ at ___” in order to ensure that such citations are recognized by ECF's Citation Links feature. This citation convention shall be used instead of citation formats that use the title of the cited document (e.g., the Bluebook format for citing Court and Litigation Documents). Source ↗

MSJ limitation

The moving party may file a reply, within seven days of the filing of the opposition, not to exceed five pages. Leave of court is required for a longer reply, a longer period of time to file a reply, or a surreply. Source ↗

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