Hon. Indira Talwani

If the motion presents an issue that should be resolved in less than fourteen days but should not be decided ex parte, I will typically issue an order requesting a response on a shortened schedule. If the motion presents an issue that does not need to be decided in less than fourteen days, I will not consider it on an emergency basis.

Counsel and pro se litigants are reminded of the limitations on additional papers and length of memoranda set forth in Local Rule 7.1(b)(3) & (4). The font used in all filings shall be at least 12-point for all text, including footnotes. 2. Any memorandum exceeding ten pages shall include a table of contents and table of authorities (which need not be counted towards the page length).

Do you typically allow reply briefs and/or surreply briefs? A25: Reply briefs are permitted under Local Rule 56.1 in connection with summary judgment motions. I typically do not otherwise allow reply briefs absent good cause.

The font used in all filings shall be at least 12-point for all text, including footnotes.

The font used in all filings shall be at least 12-point for all text, including footnotes.

Within three business days after docketing a motion-related filing that exceeds twenty pages, counsel shall provide to the District Court Clerk's Office one courtesy copy that includes CM/ECF headers on all pages. The courtesy copy shall be three-hole punched and include exhibit tabs. Courtesy copies must be stamped or otherwise prominently marked as follows: “COURTESY COPY – DO NOT SCAN, Original Filed Electronically”

The moving party shall also file a proposed order, which shall specify the relief requested as to each disputed issue.

In cases where the parties reasonably believe that a protective order is necessary to preserve the confidentiality of documents and information produced in discovery, the parties may stipulate to a proposed protective order. However, notwithstanding the court’s adoption of such an order, a motion requesting leave of court to file materials under seal must include a particularized showing for the need for impoundment. The court is guided in this regard by First Circuit precedent and Local Rule 7.2. Because the public has a “presumptive” right of access to judicial documents, United States v. Kravetz, 706 F.3d 47, 59 (1st Cir. 2013) (citing Siedle v. Putnam Invs., Inc., 147 F.3d 7, 10 (1st Cir. 1998)), “‘only the most compelling reasons can justify non-disclosure of judicial records that come within the scope of the common-law right of access,’” id. (quoting In re Providence Journal Co., 293 F.3d 1, 10 (1st Cir. 2002)). The impoundment-seeking party must therefore show that impoundment will not violate the public's presumptive right of access.

Do you typically hold a hearing on motions to dismiss? A27: I typically hold a hearing before granting a motion to dismiss. I may or may not hold a hearing before denying a motion for summary judgment. Q28: Do you typically hold a hearing on summary judgment motions? A28: Yes

All requests for adjournments or extensions of time must be made by motion and must state: (1) the original date(s); (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) the reasons for the requested extension; and (5) whether the opposing party consents and, if not, the reasons given for refusing to consent. Requests for adjournments or extensions of time may not be made by phone call or email. ... Absent an emergency, any request for an extension or adjournment shall be made at least forty-eight hours prior to the deadline or scheduled appearance.

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

If a discovery dispute arises, the parties must confer in person or via telephone in a good faith effort to resolve or narrow the dispute before seeking court intervention. L.R. 7.1(a)(2) and 37.1(a). If the parties are unable to resolve the discovery dispute, counsel are encouraged to request a conference with the court before filing a discovery motion. If a party opts to file a discovery motion, the motion must comply with Local Rule 37.1, which requires the motion to “state with particularity” the following: Each interrogatory, deposition question, request for production, request for admission or other discovery matter raising an issue to be decided by the court, and the response thereto; and A statement of the moving party’s position as to each contested issue, with supporting legal authority, which statement shall be set forth separately immediately following each contested item. L.R. 37.1(b)(4)-(5). Motions that fail to comply with the rule will be dismissed.

The opposing party shall respond to a discovery motion within fourteen calendar days. The response, like the motion, shall state with particularity the opposing party’s position as to each contested issue, with supporting legal authority, which statement shall be set forth separately immediately following each contested item. L.R. 37.1(c)