Born 1961 in Boston, MA
Judge, U. S. District Court, District of Massachusetts
Nominated by Barack Obama on July 31, 2014, to a seat vacated by Rya Zobel; Confirmed by the Senate on December 16, 2014, and received commission on January 6, 2015.
Middlebury College BA 1983
University of Pennsylvania Law School, JD 1988
Contact the courtroom clerk regarding use of this equipment.
The courtroom is equipped with a fully integrated evidence presentation system with 15"
viewing monitors for each attorney table, the witness, the Judge and their staff, and a 40"
plasma for the gallery. The jury box also has 15" monitors built into the front and back rows
of the jury box, one for every two jurors. Evidence being displayed from any source can be
annotated from the witness and lectern monitors. Two attorney tables have the ability to
connect both audio and video from a computer through a standard VGA port [laptop/desktop
and even Mac/Apple if you have the VGA adapter]. In addition, there are two computer
audio and video inputs located at the lectern location. Also at the lectern, is a document
camera for displaying physical evidence that is not electronic and a VCR. 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.
- ADB 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?
- ADB A1: No.
- ADB Q2: If you have a specific scheduling order, please attach your order.
- ADB A2: Respondent skipped this question.
- ADB 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)?
- ADB A3: No.
- ADB Q4: What, if any, inquiries do you make about settlement prospects and/or interest in mediation at the initial scheduling conference?
- ADB A4: I inform the parties about the opportunity for court based mediation, but generally do no more than that.
- ADB Q5: What, if any inquiries do you make about the liklihood of trial at the initial scheduling conference?
- ADB A5: do not inquire
- ADB Q6: What schedule do you set at the initial scheduling conference?
- ADB A6: I always set a schedule through fact discovery. I also set for summary judgment and/or expert discovery if it is clear that either or both of things is likely to happen.
- ADB Q7: After the initial scheduling conference, do you hold status conferences?
- ADB A7: Yes.
- ADB Q8: If so, when do you hold status conferences?
- ADB A8: At the end of fact discovery unless it is clear that things are on track and there is already a schedule in place for summary judgment and/or expert discovery.
- ADB Q9: If so, what issues do you address at status conferences?
- ADB A9: I check that fact discovery is complete, set schedules for summary judgment and expert discovery as appropriate, ask again about mediation and set a trial date if dispositive motions are not going to be filed.
- ADB 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?
- ADB A10: None but I generally, absent special circumstances, expect a case to be trial ready in a year. Thus, I ask the parties to think about deadlines and time frames with this in mind.
- ADB Q11: What, if any, issues related to electronically stored information should counsel be prepared to address at the initial scheduling conference?
- ADB A11: If there is any issue foreseeable to the parties, I expect them to raise it at the scheduling conference.
- ADB 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?
- ADB A12: No, but if the proposed orders don't satisfactorily address the use of materials at trial, I have some standard language that I add that basically gives me full discretion about how to handle any documents during a trial or hearing.
- ADB Q13: Under what circumstances would you consider a bifurcation of discovery ?
- ADB A13: This is not my preference as I think it leads to inefficiencies. That being said, I would consider it if the bifurcation concerned in two largely unrelated areas/topics and were highly unlikely to overlap at all.
- ADB 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?
- ADB A14: None generally, but I expect the parties to raise it if such an issue is foreseeable. I also might raise it if the parties resist my practice of trying to have cases trial ready in a year.
- ADB 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?
- ADB A15: I ask the parties to begin by filing letters rather than immediately jumping to motion practice. This way, I can quickly resolve motions/issues that don't actually require full briefing which can be a big time saver.
- ADB Q16: Typically, do you resolve discovery motions or do you refer them to the magistrate judge?
- ADB A16: I typically resolve them.
- ADB Q17: Do you typically hold a hearing on discovery?
- ADB A17: No. The real answer is sometimes. I start with letters, move to a call or status conference and only go to full briefing and a more formal hearing if I can't resolve it based on the letters or following a call/meeting.
- ADB Q18: Please describe your general practice regarding the resolution of discovery motions.
- ADB A18: See above. Also, I try to resolve them quickly. I don't like the idea of discovery motions holding up the forward progress of the case.
- ADB Q19: Under what circumstances will you consider emergency motions regarding discovery matters?
- ADB A19: I will do this unless the parties in a particular case start to abuse it.
- ADB Q20: Do you have any particular practices or requirements about expert disclosures?
- ADB A20: No.
- ADB Q21: 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?
- ADB A21: I set expert discovery deadlines t the initial conference if it is obvious that the case will require them. I instruct the parties to notify me if this changes so that I can do a new scheduling order that doesn't include time for expert discovery. I set a Daubert hearing once I have read the motions if it appear necessary.
- ADB Q22: 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?
- ADB A22: With a pro se litigant, I try to limit the number of times I require them to appear in court - mostly for their convenience.
- ADB 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?
- ADB A23: I encourage the parties (and will one day require in a standing order) to adhere to the state court practice of filing a joint statement of disputed (or undisputed) facts such that I can see everyones view of each proposed fact in one document.
- ADB Q24: 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?
- ADB A24: No.
- ADB Q25: Do you typically allow reply briefs and/or surreply briefs?
- ADB A25: Yes, When the parties request it and the request seems reasonable, although I do encourage the parties to keep them as brief as possible.
- ADB Q26: If you allow reply and/or surreply briefs, do you impose a page limit?
- ADB A26: Yes. sometimes. I generally aim for about 10 pages.
- ADB Q27: Do you typically hold a hearing on motions to dismiss?
- ADB A27: sometimes. If I think that argument would be helpful.
- ADB Q28: Do you typically hold a hearing on summary judgment motions?
- ADB A28: I do unless it is obvious that the motion is going to be denied.
- ADB Q29: If you typically hold hearings on dispositive motions, what, if any, time limits do you impose on counsel for their arguments?
- ADB A29: Its a rule of reasonableness depending on the case.
- ADB Q30: Under what, if any, circumstances, would you allow the filing of post-argument briefs?
- ADB A30: If the parties requested to do so and I thought that it would be helpful.
- ADB Q31: Do you have any standing order and/or any particular practice regarding the management of patent cases? If so, please describe them.
- ADB A31: No.
- ADB Q32: If applicable, please upload your standing order regarding the management of patent cases.
- ADB A32: Respondent skipped this question.
- ADB Q33: Do you have particular practice about Markman hearings? If so, please describe them including but not limited to whether you allow tutorial(s).
- ADB A33: No.
- ADB Q34: Do you handle matters regarding discovery in criminal cases?
- ADB A34: Yes, I handle almost anything that comes up once the case is referred back from the magistrate unless there seems to a particular reason to send it back to the magistrate for a particular issue.
- ADB Q35: Do you have any particular practices as to scheduling in criminal cases? If so, please describe them.
- ADB A35: No.
- ADB Q36: If a defendant files a motion for release and/or modification of conditions of release after the case has been referred back to the district judge, is it your typical practice to resolve the motion or refer it back to the magistrate judge?
- ADB A36: I refer it to the magistrate judge. I actually do some of each depending on the modification requested.
- ADB Q37: Do you typically hold a hearing on motions for review of a detention order?
- ADB A37: I will do it if the parties request and the outcome is at all in question.
- ADB Q38: Do you have any particular practices regarding the filing of suppression motions or hearings on suppression motions?
- ADB A38: No.
- ADB Q39: Do you require the filing of a trial brief?
- ADB A39: Yes, in civil cases. I have an order that I generally issue that lists them, but I generally like it to be a comprehensive as possible, including witness list, exhibit list, a summary of the case, anticipated issues etc. I don't always require them in criminal cases, but I do prefer to get them.
- ADB Q40: If you do not require the filing of a trial brief, under what circumstances do you think it would be helpful to the Court?
- ADB A40: I always think they are helpful!
- ADB Q41: Do you typically hold an initial pretrial conference in criminal cases? If so, what issues do you want counsel to be able to address at each conference in addition to those addressed under Local Rule 117.1(a)?
- ADB A41: I typically hold them just to get me and everyone else focused on the case unless it is going to be a plea.
- ADB Q42: Do you typically hold an initial pretrial conference in civil cases?
- ADB A42: Yes, I hold a conferencne where i set the trial date and discuss my general trial practices and what the parties can expect during a trial in my courtroom. I then hold a much more focussed final pretrial 7-10 days before trial.
- ADB 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?
- ADB A43: when I set a trial date. I like all of these things filed approximately 2 weeks before trial.
- ADB 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.)?
- ADB A44: I don't require it, but will sometimes ask for jury instructions to be emailed to my courtroom deputy.
- ADB Q45: Do you set a page limit for motions in limine? If so, what is it?
- ADB A45: No.
- ADB Q46: Do you typically hear motions in limine at the final pretrial conference?
- ADB A46: Yes.
- ADB Q47: Do you typically resolve motions in limine at the final pretrial conference?
- ADB A47: at or before when I can
- ADB Q48: Do you typically hear and/or resolve Daubert motions at the final pretrial conference?
- ADB A48: Earlier in the case
- ADB Q49: Do you require the parties to provide a courtesy copy of trial exhibits to the Court before trial?
- ADB A49: Yes.
- ADB Q50: If courtesy copies of trial exhibits are required, when do you require them?
- ADB A50: at the start of trial
- ADB Q51: If courtesy copies of trial exhibits are required, what particular form is required?
- ADB A51: none.
- ADB Q52: Do you require trial exhibits to be pre-marked? If so, please describe your practice?
- ADB A52: Yes, No set practice, but I find that it moves the trial along more efficiently. I generally tell the parties to pre mark exhibits whether they are agreed to or not.
- ADB Q53: Typically, when do you set a trial date in criminal cases?
- ADB A53: As soon as practicable - which depends on whether people anticipate a motion to suppress or other sort of dispositive motion.
- ADB Q54: Typically, when do you set a trial date in civil cases?
- ADB A54: At the end of fact discovery or when dispositive motions are resolved. If the parties ask for an earlier date or it is easy to estimate when the case will be trial ready, I'll do it sooner.
- ADB Q55: What is your typical trial schedule?
- ADB A55: I prefer to try 10-4 with a lunch break and an afternoon break, but I generally leave it up to the parties.
- ADB Q56: 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?
- ADB A56: not unless I think it is necessary in a particular case or the parties ask
- ADB Q57: Please describe your jury selection process.
- ADB A57: I question for cause, ask about topics I think are important or that are requested by counsel. once I have cleared as many jurors and alternatives as I need, the parties alternate peremptory challenges. I don't put the jurors in the box and I allow the lawyers to strike anyone they want in any order.
- ADB Q58: Under what circumstances, if any, have you or would you consider using a juror questionnaire?
- ADB A58: I prefer not to use them, although I would consider it in an appropriate case.
- ADB Q59: If you would consider the use of a jury questionnaire, when and in what form should it be proposed?
- ADB A59: Respondent skipped this question.
- ADB Q60: Have you or would you consider allowing attorney voir dire?
- ADB A60: Yes, I generally allow very limited follow up by attorneys
- ADB Q61: In civil trials, typically what number of jurors do you seat?
- ADB A61: 12.
- ADB Q62: In criminal trials, typically how many alternate jurors do you seat?
- ADB A62: 2.
- ADB Q63: Do you require counsel to use the podium during openings, examination of witnesses and/or closings?
- ADB A63: No.
- ADB Q64: How many rounds of examination do you typically allow?
- ADB A64: Recross
- ADB Q65: Under what, if any, circumstances, will you allow a rebuttal case?
- ADB A65: case by case analysis
- ADB Q66: Do you have any preferences about the use of chalks during openings and closings?
- ADB A66: I dont like them during openings, but will allow if they are not objected to. I more amendable to them during closings.
- ADB Q67: Do you have any particular practice in regard to jury charge conferences? If so, please describe it.
- ADB A67: no particular practice.
- ADB Q68: Do you provide a written copy of your jury charge to the jury?
- ADB A68: Yes.
- ADB Q69: Will you consider counsel's proposals of a special verdict form? If so, should it be in any particular format?
- ADB A69: yes. I will consider them. they should provide them in the form they are proposing go to the jury
- ADB Q70: 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.
- ADB A70: Respondent skipped this question.
- ADB Q71: If you have any particular practices as to bench trials, please describe them.
- ADB A71: Respondent skipped this question.
- ADB Q72: Do you require a sentencing memorandum in every case?
- ADB A72: No.
- ADB Q73: If you do not require a sentencing memorandum in every case, when would it be helpful to you?
- ADB A73: I always find them helpful, but don't require them.
- ADB Q74: Under what, if any, circumstances, would you consider an expedited sentencing?
- ADB A74: A case where a defendant was potentially looking at a sentence shorter then the 12 weeks and there was no objection by either party.
- ADB Q75: Do you have any particular practices regarding the presentation of victim impact statements at sentencing?
- ADB A75: No.
- ADB Q76: Under what, if any circumstances, would you consider the postponement of a sentencing hearing?
- ADB A76: open to entertaining reasonable requests.
- ADB Q77: Do you have any particular practices as to revocation matters?
- ADB A77: No.
- ADB Q78: If your session has any standing orders, please attach them here.
- ADB A78: Respondent skipped this question.
- ADB Q79: Order #2
- ADB A79: Respondent skipped this question.
- ADB Q80: Order #3
- ADB A80: Respondent skipped this question.
- ADB Q81: 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.
- ADB A81: Respondent skipped this question.