Born 1968 in East Patchogue, NY
Judge, U. S. District Court, District of Massachusetts
Nominated by Barack Obama on April 28, 2010, to a seat vacated by Reginald C. Lindsay; Confirmed by the Senate on December 17, 2010, and received commission on December 20, 2010.
Wesleyan University, 1990
Harvard Law School, 1994
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.
Courtroom Opportunities for Relatively Inexperienced Attorneys
Default Standing Order
Form Of Default Judgment
Since Judge Casper accepts and considers electronic applications through OSCAR, hard copies of applications should not be sent to chambers.
Law students interested in internships in chambers should submit a cover letter, resume, transcript and a list of three references to chambers during the following periods:
For Fall internships: Accepting applications from March 15 to April 15.
For Spring internships: Accepting applications from September 15 to October 15.
For Summer internships: Accepting applications from December 15 to January 31.
- DJC 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?
- DJC A1: I do have a scheduling order for my session which is attached.
- DJC Q2: If you have a specific scheduling order, please attach your order.
- DJC A2: Scheduling Order
- DJC 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)?
- DJC A3: No
- DJC Q4: What, if any, inquiries do you make about settlement prospects and/or interest in mediation at the initial scheduling conference?
- DJC A4: I inquire about whether the plaintiff(s) has made a settlement demand. If one has not yet been made (or if the defendant(s) have not yet responded to that demand), I set a short date for the parties to do so. I also inquire about the parties' interest in being referred to a magistrate judge for mediation
- DJC Q5: What, if any inquiries do you make about the liklihood of trial at the initial scheduling conference?
- DJC A5: Depending on the nature of the case, I inquire about the likelihood of the filing of summary judgment motion(s) and/or trial.
- DJC Q6: What schedule do you set at the initial scheduling conference?
- DJC A6: I set the deadline for summary judgment motion filing, I set expert discovery deadlines. I may also set Daubert motion filing date if the case warrants the early resolution of same.
- DJC Q7: After the initial scheduling conference, do you hold status conferences?
- DJC A7: Yes, in court, these status conferences are typically in person appearances in Court, but if counsel requests participation by phone, I will allow a phone conference.
- DJC Q8: If so, when do you hold status conferences?
- DJC A8: Typically, after the close of fact discovery.
- DJC Q9: If so, what issues do you address at status conferences?
- DJC A9: Status of discovery, Status of settlement discussions, Interest in mediation. I also inquire about whether summary judgment motions will be filed and, if so, on which claims. I also inquire that if the case proceeds to trial, how long the trial is expected to last.
- DJC 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?
- DJC A10: Whether discover should be sequenced or bifurcated in some way. I also inquire about whether expert testimony needs to be completed before the parties need to file summary judgment motions or if that the discovery (and the expense regarding same) can wait until after the resolution of any summary motion.
- DJC Q11: What, if any, issues related to electronically stored information should counsel be prepared to address at the initial scheduling conference?
- DJC A11: If the parties have any particular proposal as to ESI, they should include it in their joint statement.
- DJC 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?
- DJC A12: I do not.
- DJC Q13: Under what circumstances would you consider a bifurcation of discovery ?
- DJC A13: I will consider proposals to bifurcate discovery if the parties explain why it may be warranted. I have, for example, allowed bifurcation in some class action cases.
- DJC 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?
- DJC A14: I do not have a particular practice in this regard, but will address the scope of the discovery at the scheduling conference if the parties identify a particular issue to discuss in this regard.
- DJC 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?
- DJC A15: Upon review of discovery motions, I double-check that the parties' certifications regarding conferring has been filed. In a number of cases, even if the certification has been filed, but the substance of the motion and opposition suggests that this discussion has been pro forma, but I may order the parties to confer further to attempt to narrow their areas of disagreement
- DJC Q16: Typically, do you resolve discovery motions or do you refer them to the magistrate judge?
- DJC A16: I typically refer them to the magistrate judge.
- DJC Q17: Do you typically hold a hearing on discovery?
- DJC A17: No.
- DJC Q18: Please describe your general practice regarding the resolution of discovery motions.
- DJC A18: No particular practice other than I more likely than not resolve the matter on the papers and do not hold a hearing.
- DJC Q19: Under what circumstances will you consider emergency motions regarding discovery matters?
- DJC A19: Depends on the case.
- DJC Q20: Do you have any particular practices or requirements about expert disclosures?
- DJC A20: I do not have any particular practice.
- DJC 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?
- DJC A21: It depends on the case, but I am more likely to set a date for the filing of Daubert motions at or about the time that I set the trial date (usually at a status conference after the close of fact discovery, at an initial pretrial conference or after the resolution of summary judgment motions). If Daubert motions need to be solved before or in connection with summary judgment motions, I will set the deadline at the initial scheduling conference
- DJC 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?
- DJC A22: I don't have any different practice as to pro se matters.
- DJC 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?
- DJC A23: I do not.
- DJC 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?
- DJC A24: No.
- DJC Q25: Do you typically allow reply briefs and/or surreply briefs?
- DJC A25: Yes, but only with a motion for leave to file.
- DJC Q26: If you allow reply and/or surreply briefs, do you impose a page limit?
- DJC A26: Yes. If I impose a page limit, it is usually 10 pages.
- DJC Q27: Do you typically hold a hearing on motions to dismiss?
- DJC A27: Yes
- DJC Q28: Do you typically hold a hearing on summary judgment motions?
- DJC A28: Yes
- DJC Q29: If you typically hold hearings on dispositive motions, what, if any, time limits do you impose on counsel for their arguments?
- DJC A29: I typically impose time limits on arguments. If I do, the amount of time depends on the case.
- DJC Q30: Under what, if any, circumstances, would you allow the filing of post-argument briefs?
- DJC A30: Rarely and only when a matter that counsel could not have anticipated comes up during oral argument.
- DJC Q31: Do you have any standing order and/or any particular practice regarding the management of patent cases? If so, please describe them.
- DJC A31: I do not.
- DJC Q32: If applicable, please upload your standing order regarding the management of patent cases.
- DJC A32: Respondent skipped this question
- DJC Q33: Do you have particular practice about Markman hearings? If so, please describe them including but not limited to whether you allow tutorial(s).
- DJC A33: I confer with counsel about the amount of time that they anticipate needing for the hearing and schedule accordingly. I allow tutorials.
- DJC Q34: Do you handle matters regarding discovery in criminal cases?
- DJC A34: No.
- DJC Q35: Do you have any particular practices as to scheduling in criminal cases? If so, please describe them.
- DJC A35: I follow the Best Practices in the Scheduling of Criminal Cases that was adopted by the Court.
- DJC 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?
- DJC A36: I refer it to the magistrate judge.
- DJC Q37: Do you typically hold a hearing on motions for review of a detention order?
- DJC A37: Yes.
- DJC Q38: Do you have any particular practices regarding the filing of suppression motions or hearings on suppression motions?
- DJC A38: I do not have any particular practice, other than once the motion is ripe, I schedule it for hearing as soon as my court calendar can allow.
- DJC Q39: Do you require the filing of a trial brief?
- DJC A39: No.
- DJC 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?
- DJC A40: If there are particular issues that the Court may need to resolve prior to trial (e.g., whether a party will be precluded from presenting a particular theory at trial, resolution of Daubert motions), any issue with the scheduling of witnesses (e.g., possible need to take witnesses out of order; some testimony to be presented by deposition) or any special procedures that counsel is proposing for the conduct of trial (e.g., jury questionnaire, etc.), it would be helpful to have them addressed in a trial brief
- DJC 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)?
- DJC A41: Yes. Counsel for the parties should have conferred about a trial date before the conference.
- DJC Q42: Do you typically hold an initial pretrial conference in civil cases?
- DJC A42: No.
- DJC 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?
- DJC A43: I typically set these deadlines when I set the trial date. The deadline for filing motions in limine is typically 2 weeks before trial and the deadline for filing oppositions to these motions, along with witness and exhibit lists, proposed voir dire and jury instructions is typically a week before trial.
- DJC 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.)?
- DJC A44: Word. In addition to the ECF filing, I ask that a Word version of proposed jury instructions and the verdict form.
- DJC Q45: Do you set a page limit for motions in limine? If so, what is it?
- DJC A45: Yes, only on occasion.
- DJC Q46: Do you typically hear motions in limine at the final pretrial conference?
- DJC A46: Yes.
- DJC Q47: Do you typically resolve motions in limine at the final pretrial conference?
- DJC A47: If I am able to do so, I attempt to resolve motions in limine at the final pretrial conference. If I cannot, I reserve on them until I hear the relevant evidence at trial.
- DJC Q48: Do you typically hear and/or resolve Daubert motions at the final pretrial conference?
- DJC A48: Earlier in the case.
- DJC Q49: Do you require the parties to provide a courtesy copy of trial exhibits to the Court before trial?
- DJC A49: Yes.
- DJC Q50: If courtesy copies of trial exhibits are required, when do you require them?
- DJC A50: Typically, the week before trial.
- DJC Q51: If courtesy copies of trial exhibits are required, what particular form is required?
- DJC A51: Electronic Copies.
- DJC Q52: Do you require trial exhibits to be pre-marked? If so, please describe your practice?
- DJC A52: Yes, agreed to exhibits should be pre-marked with numbers. Disputed exhibits should be pre-marked with letters.
- DJC Q53: Typically, when do you set a trial date in criminal cases?
- DJC A53: At the initial pretrial conference.
- DJC Q54: Typically, when do you set a trial date in civil cases?
- DJC A54: At the status conference (once fact discovery is complete) if there is not going to be a motion for summary judgment. If there is a summary judgment motion, after I resolve the motion.
- DJC Q55: What is your typical trial schedule?
- DJC A55: 9:00 am to 1:00 pm
- DJC 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?
- DJC A56: I typically set a time limit for a total presentation of the case including openings, all examinations and closings. I confer with counsel about what time they seek and then set the time limits.
- DJC Q57: Please describe your jury selection process.
- DJC A57: I ask voir dire of all of the panel members together and note the affirmative answers. I then see each juror who answered any question affirmatively at sidebar with counsel for followup questions and/or motion to strike for cause. Once we are finished with that process, the parties exercise their peremptory challenges in alternating rounds (plaintiff/government first in first round; defendant first in second round, etc.) until challenges are exhausted or the parties are satisfied. The first 8 jurors (in numerical order) left for civil trials and the first 14 jurors (in numerical order) left for criminal cases will be the seated jury.
- DJC Q58: Under what circumstances, if any, have you or would you consider using a juror questionnaire?
- DJC A58: Only in complex cases.
- DJC Q59: If you would consider the use of a jury questionnaire, when and in what form should it be proposed?
- DJC A59: Parties should propose it in connection with the initial pretrial conference.
- DJC Q60: Have you or would you consider allowing attorney voir dire?
- DJC A60: No, I haven't considered it, but I may in the future.
- DJC Q61: In civil trials, typically what number of jurors do you seat?
- DJC A61: 8.
- DJC Q62: In criminal trials, typically how many alternate jurors do you seat?
- DJC A62: 2.
- DJC Q63: Do you require counsel to use the podium during openings, examination of witnesses and/or closings?
- DJC A63: Yes, for witness examination. Counsel may, but is not required to, use a podium during openings and closings. If redirect or recross is short, I will allow counsel to ask the questions from counsel table
- DJC Q64: How many rounds of examination do you typically allow?
- DJC A64: Direct & Cross, Redirect, Recross.
- DJC Q65: Under what, if any, circumstances, will you allow a rebuttal case?
- DJC A65: Rare instance if counsel could not have reasonably anticipated an issue arising during the defense case.
- DJC Q66: Do you have any preferences about the use of chalks during openings and closings?
- DJC A66: Only that they be disclosed to opposing counsel before openings or closings.
- DJC Q67: Do you have any particular practice in regard to jury charge conferences? If so, please describe it.
- DJC A67: Typically, I provide a draft of my charge and verdict form to counsel before the conference so that they can respond to the draft and register any objections and propose changes at the conference.
- DJC Q68: Do you provide a written copy of your jury charge to the jury?
- DJC A68: Yes, typically, I also upload an electronic copy of it on to JERS.
- DJC Q69: Will you consider counsel's proposals of a special verdict form? If so, should it be in any particular format?
- DJC A69: Yes.
- DJC 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.
- DJC A70: Respondent skipped this question
- DJC Q71: If you have any particular practices as to bench trials, please describe them.
- DJC A71: I will allow counsel to file proposed findings of fact and conclusions of law.
- DJC Q72: Do you require a sentencing memorandum in every case?
- DJC A72: No.
- DJC Q73: If you do not require a sentencing memorandum in every case, when would it be helpful to you?
- DJC A73: It is helpful if it explains the party's sentencing recommendation and contains analysis of the information in the PSR or information not otherwise in the PSR.
- DJC Q74: Under what, if any, circumstances, would you consider an expedited sentencing?
- DJC A74: If a defendant would potentially be serving "dead time" if the typical 12 weeks to sentencing were allowed from the plea or trial.
- DJC Q75: Do you have any particular practices regarding the presentation of victim impact statements at sentencing?
- DJC A75: No, except that I have victims use the podium to give their statement and that the victims address the Court when doing so.
- DJC Q76: Under what, if any circumstances, would you consider the postponement of a sentencing hearing?
- DJC A76: For specified, compelling reasons and then only if for a defined period of time.
- DJC Q77: Do you have any particular practices as to revocation matters?
- DJC A77: No, but I ask that counsel informed the clerk ahead of the hearing about whether there will be need for an evidentiary hearing
- DJC Q78: If your session has any standing orders, please attach them here.
- DJC A78: Standing Order Re Courtroom Opportunities
- DJC Q79: Order #2
- DJC A79: Respondent skipped this question.
- DJC Q80: Order #3
- DJC A80: Respondent skipped this question.
- DJC 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.
- DJC A81: Respondent skipped this question.