Louisville, Kentucky 1959
Magistrate Judge, U. S. District Court, District of Massachusetts
First appointed to the Court June 16, 2014.
Harvard Law School - J.D. 1986
Smith College - B.A. 1981
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- MPK 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?
- MPK A1: No.
- MPK Q2: If you have a specific scheduling order, please attach your order.
- MPK A2: Scheduling Order
- MPK 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)?
- MPK A3: No.
- MPK Q4: What, if any, inquiries do you make about settlement prospects and/or interest in mediation at the initial scheduling conference?
- MPK A4: advise parties of availability of ADR program and explain the process
- MPK Q5: What, if any inquiries do you make about the liklihood of trial at the initial scheduling conference?
- MPK A5: none
- MPK Q6: What schedule do you set at the initial scheduling conference?
- MPK A6: discovery (fact and expert, written and depositions)and dispositive motion deadlines; set a status conference at the close of fact discovery
- MPK Q7: After the initial scheduling conference, do you hold status conferences?
- MPK A7: Yes.
- MPK Q8: If so, when do you hold status conferences?
- MPK A8: at the close of fact discovery
- MPK Q9: If so, what issues do you address at status conferences?
- MPK A9: status of discovery, parties' interest in mediation and prospects for settlement
- MPK 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?
- MPK A10: discuss any outstanding discovery motions
- MPK Q11: What, if any, issues related to electronically stored information should counsel be prepared to address at the initial scheduling conference?
- MPK A11: If there are going to be issues concerning ESI the parties should be prepared to talk about it at the scheduling conference. I rely on the parties to flag this issue.
- MPK 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?
- MPK A12: I would discuss this issue with the parties at the initial scheduling conference. Usually I ask the parties to agree on and propose their own order. If they cannot do this for some reason, I have an order I would suggest they use.
- MPK Q13: Under what circumstances would you consider a bifurcation of discovery ?
- MPK A13: If parties propose it and it is appropriate, I will do it.
- MPK 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?
- MPK A14: Usually this comes up in the course of a discovery dispute.
- MPK 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?
- MPK A15: Parties are advised to call the courtroom clerk to set up a telephone conference to address the issues before a motion is filed, if they want to do that. They may file letters or joint statements with the court before the telephone conference if they wish. If any party wants to file a motion they may do so but I try to resolve as many issues as I can without having the parties spend time writing motions.
- MPK Q16: Do you typically hold hearing on discovery motions?
- MPK A16: Yes.
- MPK Q17: Please describe your general practice regarding the resolution of disovery motions.
- MPK A17: Generally parties are ordered to confer or meet in advance of any scheduled motion hearing in order to narrow the issues; oral argument is then heard on the remaining outstanding issues.
- MPK Q18: Under what circumstances will you consider emergency motions regarding discovery matters?
- MPK A18: When timing is an issue, i.e., a motion to quash a deposition scheduled the next day or when a discovery deadline is looming.
- MPK Q19: Do you have any particular practices or requirements about expert disclosures?
- MPK A19: No.
- MPK 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?
- MPK A20: dates for expert discovery, depositions and the filing of expert reports are set
- MPK 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?
- MPK A21: hold more frequent interim status conferences to keep discovery on track
- MPK 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?
- MPK A22: No.
- MPK 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?
- MPK A23: Yes, only in cases where the filings are voluminous.
- MPK Q24: Do you typically allow reply briefs and/or surreply
- MPK A24: Yes.
- MPK Q25: If you allow reply and/or surreply briefs, do you impose a page limit?
- MPK A25: Yes. 5-8 pages.
- MPK Q26: Do you typically hold a hearing on motions to dismiss?
- MPK A26: depends on the issues involved
- MPK Q27: Do you typically hold a hearing on summary judgment motions?
- MPK A27: depends on the issues involved.
- MPK Q28: If you typically hold hearings on dispositive motions, what, if any, time limits do you impose on counsel for their arguments?
- MPK A28: None.
- MPK Q29: Under what, if any, circumstances, would you allow the filing of post-argument briefs?
- MPK A29: parties are invited, if they want, to file post-argument submissions to follow up on any new issues raised during the hearing.
- MPK Q30: Do you have any standing order and/or any particular practice regarding the management of patent cases? If so, please describe them.
- MPK A30: No.
- MPK Q31: If applicable, please upload your standing order regarding the management of patent cases.
- MPK A31: Respondent skipped this question
- MPK Q32: Do you have particular practice about Markman hearings? If so, please describe them including but not limited to whether you allow tutorial(s).
- MPK A32: I do allow tutorials.
- MPK Q33: If you have any particular practices or preferences in regard to submissions before a mediation, please describe them.
- MPK A33: Parties are to file their confidential memos approximately one week before the mediation and then a telephone conference is held five days before the mediation. The purpose of the telephone conference is to find out if the parties are ready for mediation, to make sure that an offer and counter-offer have been made before the mediation, to make sure that the necessary parties will attend the mediation, etc.
- MPK Q34: Do you have a standard pre-mediation order for the parties? If so, please attache it here.
- MPK A34: Yes.
- MPK Q35: If you have any particular practices or preferences in regard to conducting a mediation, please describe them here.
- MPK A35: Respondent skipped this question.
- MPK Q36: Do you require the party/parties to be present or available during a mediation?
- MPK A36: Yes, a party with decision making authority must be present. In rare cases I allow the person to be available on the telephone. It is important to ask permission for a party to appear by telephone in advance of the mediation.
- MPK 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?
- MPK A37: none
- MPK Q38: Typically, at what point, will you refer a criminal case back to the district judge?
- MPK A38: after discovery is complete and the final status conference is held; earlier if a Rule 11 is scheduled or if the parties request the case be sent to the district judge
- MPK Q39: Do you have any particular practices as to scheduling in criminal cases? If so, please describe them.
- MPK A39: No.
- MPK Q40: Do you require the filing of a trial brief?
- MPK A40: Yes, counsel should include a list of witnesses, expected length of trial, issues of law for the court to decide, list of outstanding motions, and synopsis of expected evidence.
- MPK 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?
- MPK A41: Respondent skipped this question
- MPK Q42: Do you typically hold an initial pretrial conference in civil cases?
- MPK A42: Yes.
- MPK 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?
- MPK A43: Respondent skipped this question.
- MPK 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.
- MPK A44: I work this out on a case by case basis.
- MPK Q45: Do you set a page limit for motions in limine? If so, what is it?
- MPK A45: No.
- MPK Q46: Do you typically hear motions in limine at the final pretrial conference?
- MPK A46: Yes.
- MPK Q47: Do you typically resolve motions in limine at the final pretrial conference?
- MPK A47: yes, unless resolution must await how the evidence
- MPK Q48: Do you typically hear and/or resolve Daubert motions at the final pretrial conference?
- MPK A48: I try to resolve Daubert motions well before trial, preferably before the final pretrial conference.
- MPK Q49: Do you require the parties to provide a courtesy copy of trial exhibits to the Court before trial?
- MPK A49: Yes.
- MPK Q50: If courtesy copies of trial exhibits are required, when do you require them?
- MPK A50: Final pretrial conference.
- MPK Q51: If courtesy copies of trial exhibits are required, what particular form is required?
- MPK A51: Loose-leaf binders
- MPK Q52: Do you require trial exhibits to be pre-marked? If so, please describe your practice?
- MPK A52: Yes, parties are to meet and go over the exhibits prior to the final pretrial conference.
- MPK Q53: Typically, when do you set a trial date in civil cases?
- MPK A53: At the close of discovery I will have a conference and set a trial date then.
- MPK Q54: What is your typical trial schedule?
- MPK A54: Usually 9:30 am to 1:00 pm, 2:00 pm to 3:30 pm.
- MPK 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?
- MPK A55: No.
- MPK Q56: Please describe your jury selection process.
- MPK A56: Respondent skipped this question.
- MPK Q57: Under what circumstances, if any, have you or would you consider using a juror questionnaire?
- MPK A57: In a lengthy case or a case that has particularly difficult issues concerning jury selection.
- MPK Q58: If you would consider the use of a jury questionnaire, when and in what form should it be proposed?
- MPK A58: Counsel should flag the issue well before trial so there is time to work out the questionnaire.
- MPK Q59: Have you or would you consider allowing attorney voir dire?
- MPK A59: No.
- MPK Q60: In civil trials, typically what number of jurors do you seat?
- MPK A60: Depends on the length of the trial.
- MPK Q61: Do you require counsel to use the podium during openings, examination of witnesses and/or closings?
- MPK A61: No.
- MPK Q62: How many rounds of examination do you typically allow?
- MPK A62: Direct, cross, re-direct, re-cross
- MPK Q63: Under what, if any, circumstances, will you allow a rebuttal case?
- MPK A63: Depends on the circumstances.
- MPK Q64: Do you have any preferences about the use of chalks during openings and closings?
- MPK A64: No.
- MPK Q65: Do you have any particular practice in regard to jury charge conferences? If so, please describe it.
- MPK A65: No.
- MPK Q66: Do you provide a written copy of your jury charge to the jury?
- MPK A66: I would consider it in a special case.
- MPK Q67: Will you consider counsel's proposals of a special verdict form? If so, should it be in any particular format?
- MPK A67: Yes, no particular format.
- MPK 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.
- MPK A68: N/A
- MPK Q69: If you have any particular practices as to bench trials, please describe them.
- MPK-A69: Respondent skipped this question.
- MPK Q70: If your session has any standing orders, please attach them here.
- MPK A70: Respondent skipped this question.
- MPK Q71: Order #2
- MPK A71: Respondent skipped this question.
- MPK Q72: Order #3
- MPK A72: Respondent skipped this question.
- MPK 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.
- MPK A73: Respondent skipped this question.