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Bowler, Marianne B.

Born 1947 in Boston, MA

Federal Judicial Service
Magistrate Judge, U. S. District Court, District of Massachusetts

First appointed to the Court May 7, 1990, former Chief Magistrate Judge.

Education
Regis College, A.B., 1967
Suffolk Law School, J.D., 1976

Staff
Chambers
Paralegal Christine Patton 617-748-4168
Clerk's Office
Courtroom Clerk: Brendan Garvin 617-748-9222 brendan_garvin@mad.uscourts.gov

Courtroom Number
25, 7th Floor

Courtroom Technology
Contact the courtroom clerk regarding use of this equipment.

The courtroom is equipped with a 50" plasma monitor cart that contains a VCR/DVD combo unit for video playback. In addition, there is a document camera in each courtroom that can connect to the same monitor for displaying physical evidence. If the evidence is electronic, the computer can either be chained into the system through the document camera, or connected directly by removing the document camera. Portable video conferencing equipment can be brought in upon request for remote appearances.

Internet access is available upon request and with the consent of the presiding Judge. Click here for more information.

Chambers Procedures/Standing Orders/Sample Orders
N/A

 

USDC Judicial Forum Survey


Match word(s).

    Civil - Case Management

  • MBB Q1: Do you have any specific scheduling order or any particular topics that counsel must address in the joint statement in addition to/or in lieu of the topics required to be addressed under Local Rule 16.1(D) for the initial scheduling conference?
  • MBB A1: No.
  • MBB Q2: If you have a specific scheduling order, please attach your order.
  • MBB A2: Respondent skipped this question.
  • MBB Q3: Do you have any additional requirement(s) as to the attorneys' obligation that they confer with their client(s) about case budget and ADR pursuant to Local Rule 16.1(D)(3)?
  • MBB A3: No
  • MBB Q4: What, if any, inquiries do you make about settlement prospects and/or interest in mediation at the initial scheduling conference?
  • MBB A4: Inquire about the possibility of mediation.
  • MBB Q5: What, if any inquiries do you make about the liklihood of trial at the initial scheduling conference?
  • MBB A5: discuss likelihood of dispositive motions/trial.
  • MBB Q6: What schedule do you set at the initial scheduling conference?
  • MBB A6: All discovery, dispositive motions, Daubert, markman hearing.
  • MBB Q7: After the initial scheduling conference, do you hold status conferences?
  • MBB A7: Yes.
  • MBB Q8: If so, when do you hold status conferences?
  • MBB A8: Every 60 to 90 days.
  • MBB Q9: If so, what issues do you address at status conferences?
  • MBB A9: Status of discovery, ability to comply with original schedule.
  • Civil - Discovery

  • MBB Q10: Other than the requirements under Local Rule 16.1(D) for addressing certain discovery topics in the parties' joint statement, what, if any, discovery issues do you like counsel to be prepared to address at the initial scheduling conference?
  • MBB A10: The number of deponents and identification of same.
  • MBB Q11: What, if any, issues related to electronically stored information should counsel be prepared to address at the initial scheduling conference?
  • MBB A11: Location of information and plan for retrieval/preservation.
  • MBB Q12: If the parties intend to file a proposed protective order, do you require any particular format and/or a specific time for doing so?
  • MBB A12: No.
  • MBB Q13: Under what circumstances would you consider a bifurcation of discovery?
  • MBB A13: Rarely, but cost is a major factor.
  • MBB Q14: Given the new requirement under Fed. R. Civ. P. 26(b)(1) regarding the proportionality of the scope of discovery, what, if any inquiry do you make about this issue at the initial scheduling conference?
  • MBB A14: General inquiry.
  • MBB Q15: Other than the requirement that the parties confer in good faith to narrow the issues before filing any discovery motion under Local Rule 37.1(A), what, if any, additional requirements do you make of counsel before considering discovery motions?
  • MBB A15: None.
  • MBB Q16: Do you typically hold hearing on discovery motions?
  • MBB A16: Yes.
  • MBB Q17: Please describe your general practice regarding the resolution of disovery motions.
  • MBB A17: Oral ruling from the bench in most cases.
  • MBB Q18: Under what circumstances will you consider emergency motions regarding discovery matters?
  • MBB A18: Depends on circumstances, but I generally consider.
  • MBB Q19: Do you have any particular practices or requirements about expert disclosures?
  • MBB A19: No.
  • MBB Q20: What, if any, expert discovery deadlines do you set at the initial scheduling conference? When do you typically set a schedule for the filing of Daubert motions?
  • MBB A20: Expert discovery deadlines and Daubert motions set at initial conference but are subject to modification.
  • MBB Q21: If the case involves a pro se litigant, do you typically have any different practices in regard to scheduling conferences, status conferences or discovery matters?
  • MBB A21: No.
  • Civil - Dispositive Motions

  • MBB Q22: 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?
  • MBB A22: No.
  • MBB Q23: 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?
  • MBB A23: Yes, on rare occasion when there are voluminous documents.
  • MBB Q24: Do you typically allow reply briefs and/or surreply briefs?
  • MBB A24: Yes.
  • MBB Q25: If you allow reply and/or surreply briefs, do you impose a page limit?
  • MBB A25: Yes.
  • MBB Q26: Do you typically hold a hearing on motions to dismiss?
  • MBB A26: Yes.
  • MBB Q27: Do you typically hold a hearing on summary judgment motions?
  • MBB A27: Yes.
  • MBB Q28: If you typically hold hearings on dispositive motions, what, if any, time limits do you impose on counsel for their arguments?
  • MBB A28: Varies.
  • MBB Q29: Under what, if any, circumstances, would you allow the filing of post-argument briefs?
  • MBB A29: Rarely
  • Civil - Patent Cases

  • MBB Q30: Do you have any standing order and/or any particular practice regarding the management of patent cases? If so, please describe them.
  • MBB A30: No.
  • MBB Q31: If applicable, please upload your standing order regarding the management of patent cases.
  • MBB A31: Respondent skipped this question
  • MBB Q32: Do you have particular practice about Markman hearings? If so, please describe them including but not limited to whether you allow tutorial(s).
  • MBB A32: Respondent skipped this question.

    Civil Mediation

  • MBB Q33: If you have any particular practices or preferences in regard to submissions before a mediation, please describe them.
  • MBB A33: See #34.
  • MBB Q34: Do you have a standard pre-mediation order for the parties? If so, please attach it here.
  • MBB A34: [SAMPLE 1] Docket Text: ELECTRONIC NOTICE of ADR Conference Alternative Dispute Resolution Hearing set for 1/11/2017 10:00 AM in Courtroom 25 before Magistrate Judge Marianne B. Bowler. Counsel and parties are ORDERED to be present and to have full settlement authority. Parties presence shall ONLY be excused by order of the COURT. A brief mediation memorandum addressing both the merits of the case and the filing party's settlement position should be submitted to the court via facsimile to (617) 204-5833 or via email as an attachment to Christine_Patton@mad.uscourts.gov THREE BUSINESS DAYS before the hearing. The mediation memo should be marked “Confidential - Not for docketing” and is not to be served upon opposing parties. Counsel are asked to accommodate this date. In the event that you believe the case is not ripe for mediation at this time contact the Courtroom Deputy. But if the date poses a serious conflict, please do NOT contact the Courtroom Deputy directly regarding mediation scheduling. Counsel are to confer with opposing counsel and FILE AN ASSENTED-TO MOTION TO CONTINUE the mediation, including therein several proposed dates for which all counsel and principals are available. (Garvin, Brendan).
  • MBB Q35: If you have any particular practices or preferences in regard to conducting a mediation, please describe them here.
  • MBB A35: Respondent skipped this question.
  • MBB Q36: Do you require the party/parties to be present or available during a mediation?
  • MBB A36: Yes, a party with decision making authority must be present.

    Criminal Matters

  • MBB Q37: Other than the requirements under Local Rule 116.5, what, if any, practices do you have in regard to status conferences in criminal cases?
  • MBB A37: No.
  • MBB Q38: Typically, at what point, will you refer a criminal case back to the district judge?
  • MBB A38: When the defendant indicates it will be a trial or a plea or there is a dispositive motion schedule.
  • MBB Q39: Do you have any particular practices as to scheduling in criminal cases? If so, please describe them.
  • MBB A39: No.
  • General Trial Practice - Pretrial Matters

  • MBB Q40: Do you require the filing of a trial brief?
  • MBB A40: Yes, contested issues of fact and law proposed jury instructions contested and stipulated exhibits witness list.
  • MBB Q41: If you do not require the filing of a trial brief, under what circumstances do you think it would be helpful to the Court?
  • MBB A41: Respondent skipped this question
  • MBB Q42: Do you typically hold an initial pretrial conference in civil cases?
  • MBB A42: Respondent skipped this question.
  • MBB Q43: When do you set a deadline for the filing of proposed voir dire, proposed jury instructions and/or special verdict form, witness and exhibits lists, motions in limine? Typically, how far in advance of trial are these deadlines?
  • MBB A43: One week before trial.
  • MBB Q44: Do you require that proposed voir dire, verdict forms and/or jury instructions be filed in any particular form (i.e., courtesy electronic copy to your deputy clerk in Word or WordPerfect format, etc.)? Describe your practice.
  • MBB A44: No.
  • MBB Q45: Do you set a page limit for motions in limine? If so, what is it?
  • MBB A45: No.
  • MBB Q46: Do you typically hear motions in limine at the final pretrial conference?
  • MBB A46: Sometimes, and sometimes on the first day of trial.
  • MBB Q47: Do you typically resolve motions in limine at the final pretrial conference?
  • MBB A47: Sometimes.
  • MBB Q48: Do you typically hear and/or resolve Daubert motions at the final pretrial conference?
  • MBB A48: Earlier in the case.
  • MBB Q49: Do you require the parties to provide a courtesy copy of trial exhibits to the Court before trial?
  • MBB A49: Yes.
  • MBB Q50: If courtesy copies of trial exhibits are required, when do you require them?
  • MBB A50: First day of trial.
  • MBB Q51: If courtesy copies of trial exhibits are required, what particular form is required?
  • MBB A51: In a binder.
  • MBB Q52: Do you require trial exhibits to be pre-marked? If so, please describe your practice?
  • MBB A52: Yes, stipulated exhibits should be premarked - plaintiff/numbers and defendant/letters.
  • General Trial Practice - Scheduling Trials

  • MBB Q53: Typically, when do you set a trial date in civil cases?
  • MBB A53: After the completion of discovery and resolution of any dispositive motions.
  • MBB Q54: What is your typical trial schedule?
  • MBB A54: 9:00 A.M. to 1:00 P.M.
  • MBB Q55: In civil cases, do you set time limits for counsel for opening statements, the presentation of evidence and/or closing arguments? If so, please describe your practice?
  • MBB A55: I do not set time limits but I ask what counsel anticipate and may limit time if it seems excessive.
  • General Trial Practice - Jury Selection

  • MBB Q56: Please describe your jury selection process.
  • MBB A56: Panel sworn, questions asked and responses heard at sidebar. After panel is declared indifferent clerk calls jurors to fill the box. Counsel given a few minutes and challenges heard at sidebar and new jurors called to replace those who have been removed.
  • MBB Q57: Under what circumstances, if any, have you or would you consider using a juror questionnaire?
  • MBB A57: Case specific determination.
  • MBB Q58: If you would consider the use of a jury questionnaire, when and in what form should it be proposed?
  • MBB A58: At the final pretrial conference and in the form of the proposed questions.
  • MBB Q59: Have you or would you consider allowing attorney voir dire?
  • MBB A59: No.
  • MBB Q60: In civil trials, typically what number of jurors do you seat?
  • MBB A60: Respondent skipped this question.
  • General Trial Practice - Trial Practices

  • MBB Q61: Do you require counsel to use the podium during openings, examination of witnesses and/or closings?
  • MBB A61: Yes.
  • MBB Q62: How many rounds of examination do you typically allow?
  • MBB A62: Recross
  • MBB Q63: Under what, if any, circumstances, will you allow a rebuttal case?
  • MBB A63: Respondent skipped this question.
  • MBB Q64: Do you have any preferences about the use of chalks during openings and closings?
  • MBB A64: Must be by agreement.
  • MBB Q65: Do you have any particular practice in regard to jury charge conferences? If so, please describe it.
  • MBB A65: No.
  • MBB Q66: Do you provide a written copy of your jury charge to the jury?
  • MBB A66: Yes.
  • MBB Q67: Will you consider counsel's proposals of a special verdict form? If so, should it be in any particular format?
  • MBB A67: Final format.
  • MBB Q68: If you have any preferences or practices about pretrial or trial matters that has not been solicited by the prior questions, please describe them here.
  • MBB A68: Respondent skipped this question.
  • MBB Q69: If you have any particular practices as to bench trials, please describe them.
  • MBB A69: Respondent skipped this question.
  • Standing Orders & Miscellaneous Matters

  • MBB Q70: If your session has any standing orders, please attach them here.
  • MBB A70: Order for Pretrial Memorandum (Jury Trial)
  • MBB Q71: Order #2
  • MBB A71: Order for Pretrial Memorandum (Bench Trial)
  • MBB Q72: Order #3
  • MBB A72: Respondent skipped this question.
  • MBB Q73: If there is any other guidance about your court practices and preferences that you would like to share with counsel that has not been solicited by any of the prior questions, please provide it here.
  • MBB A73: Please refer to the attached Order for Pretrial Memorandum (Jury Trial) At #70 above [Sample 2] and the attached Order for Pretrial Memorandum (Bench Trial) At #71 above [Sample 3].


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