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Neiman, Kenneth P.

Born 1945 in New York, NY

Federal Judicial Service
Magistrate Judge, U. S. District Court, District of Massachusetts
Chief Magistrate Judge, 2006 - 2009.

First appointed to the Court January 5, 1995.

Education
Tufts University, B.A., 1967
Harvard University Law School, J.D., 1971

Staff
Clerk’s Office
Courtroom /
Docket Clerk
Melissa Calderon 413-785-6802 melissa_calderon@mad.uscourts.gov

Courtroom Number
Springfield, Hampshire Courtroom

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

Both the District and Magistrate Judge courtrooms are equipped with a fully integrated evidence presentation system with 15" viewing monitors for each attorney table, the witness, the Judge and their staff, and two 40" in wall mounted plasma displays 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, lectern, and Judges monitors. All 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 unit. Each courtroom has built-in video conferencing cameras for remote appearances, but only one conference can be made at the same time. A portable video conference unit can also be brought in.

Chambers Procedures/Standing Orders/Sample Orders

Consent Procedures

Standing Order

 

USDC Judicial Forum Survey


Match word(s).

    Civil - Case Management

  • KPN 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?
  • KPN A1: Respondent skipped this question.
  • KPN Q2: If you have a specific scheduling order, please attach your order.
  • KPN A2: Respondent skipped this question.
  • KPN 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)?
  • KPN A3: Respondent skipped this question.
  • KPN Q4: What, if any, inquiries do you make about settlement prospects and/or interest in mediation at the initial scheduling conference?
  • KPN A4: Respondent skipped this question.
  • KPN Q5: What, if any inquiries do you make about the liklihood of trial at the initial scheduling conference?
  • KPN A5: Respondent skipped this question.
  • KPN Q6: What schedule do you set at the initial scheduling conference?
  • KPN A6: Respondent skipped this question.
  • KPN Q7: After the initial scheduling conference, do you hold status conferences?
  • KPN A7: Respondent skipped this question.
  • KPN Q8: If so, when do you hold status conferences?
  • KPN A8: Respondent skipped this question.
  • KPN Q9: If so, what issues do you address at status conferences?
  • KPN A9: Respondent skipped this question.
  • Civil - Discovery

  • KPN 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?
  • KPN A10: Respondent skipped this question.
  • KPN Q11: What, if any, issues related to electronically stored information should counsel be prepared to address at the initial scheduling conference?
  • KPN A11: Respondent skipped this question.
  • KPN 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?
  • KPN A12: Respondent skipped this question.
  • KPN Q13: Under what circumstances would you consider a bifurcation of discovery ?
  • KPN A13: Respondent skipped this question.
  • KPN 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?
  • KPN A14: Respondent skipped this question.
  • KPN 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?
  • KPN A15: Respondent skipped this question.
  • KPN Q16: Do you typically hold hearing on discovery motions?
  • KPN A16: Respondent skipped this question.
  • KPN Q17: Please describe your general practice regarding the resolution of disovery motions.
  • KPN A17: Respondent skipped this question.
  • KPN Q18: Under what circumstances will you consider emergency motions regarding discovery matters?
  • KPN A18: Respondent skipped this question.
  • KPN Q19: Do you have any particular practices or requirements about expert disclosures?
  • KPN A19: Respondent skipped this question.
  • KPN 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?
  • KPN A20: Respondent skipped this question.
  • KPN 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?
  • KPN A21: Respondent skipped this question.

    Civil - Dispositive Motions

  • KPN 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?
  • KPN A22: Respondent skipped this question.
  • KPN 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?
  • KPN A23: Respondent skipped this question.
  • KPN Q24: Do you typically allow reply briefs and/or surreply briefs?
  • KPN A24: Respondent skipped this question.
  • KPN Q25: If you allow reply and/or surreply briefs, do you impose a page limit?
  • KPN A25: Respondent skipped this question.
  • KPN Q26: Do you typically hold a hearing on motions to dismiss?
  • KPN A26: Respondent skipped this question.
  • KPN Q27: Do you typically hold a hearing on summary judgment motions?
  • KPN A27: Respondent skipped this question.
  • KPN Q28: If you typically hold hearings on dispositive motions, what, if any, time limits do you impose on counsel for their arguments?
  • KPN A28: Respondent skipped this question.
  • KPN Q29: Under what, if any, circumstances, would you allow the filing of post-argument briefs?
  • KPN A29: Respondent skipped this question.
  • Civil - Patent Cases

  • KPN Q30: Do you have any standing order and/or any particular practice regarding the management of patent cases? If so, please describe them.
  • KPN A30: Respondent skipped this question.
  • KPN Q31: If applicable, please upload your standing order regarding the management of patent cases.
  • KPN A31: Respondent skipped this question
  • KPN Q32: Do you have particular practice about Markman hearings? If so, please describe them including but not limited to whether you allow tutorial(s).
  • KPN A32: Respondent skipped this question.

    Civil Mediation

  • KPN Q33: If you have any particular practices or preferences in regard to submissions before a mediation, please describe them.
  • KPN A33: I issue a mediation order which asks each side to submit a memorandum (to me alone) of no more than four pages which addresses certain questions: the main issues in the case, the strengths and weaknesses of the respective parties' positions, the history of settlement negotiations, and the settlement that the party is seeking and/or would be satisfied to enter. The memorandum is due approximately five days before the mediation.
  • KPN Q34: Do you have a standard pre-mediation order for the parties? If so, please attache it here.
  • KPN A34: Yes. Pre-Mediation Order
  • KPN Q35: If you have any particular practices or preferences in regard to conducting a mediation, please describe them here.
  • KPN A35: I meet jointly with the parties/counsel and explore as much as can be done and placed on the table. I inquire as to each side's understanding of the last demand/offer which had been made. I indicate to the parties that I'm not interested in hearing their bottom/top lines. When appropriate, I then proceed to shuttle between the parties exchanging offers/demands and, invariably, additional thoughts.
  • KPN Q36: Do you require the party/parties to be present or available during a mediation?
  • KPN A36: Yes, a party with decision making authority must be present. This is certainly my preference, although on occasion I will allow someone to participate by telephone.

    Criminal Matters

  • KPN 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?
  • KPN A37: Respondent skipped this question.
  • KPN Q38: Typically, at what point, will you refer a criminal case back to the district judge?
  • KPN A38: Respondent skipped this question.
  • KPN Q39: Do you have any particular practices as to scheduling in criminal cases? If so, please describe them.
  • KPN A39: Respondent skipped this question.
  • General Trial Practice - Pretrial Matters

  • KPN Q40: Do you require the filing of a trial brief?
  • KPN A40: Respondent skipped this question.
  • KPN 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?
  • KPN A41: Respondent skipped this question
  • KPN Q42: Do you typically hold an initial pretrial conference in civil cases?
  • KPN A42: Respondent skipped this question.
  • KPN 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?
  • KPN A43: Respondent skipped this question.
  • KPN 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.
  • KPN A44: Respondent skipped this question.
  • KPN Q45: Do you set a page limit for motions in limine? If so, what is it?
  • KPN A45: Respondent skipped this question.
  • KPN Q46: Do you typically hear motions in limine at the final pretrial conference?
  • KPN A46: Respondent skipped this question.
  • KPN Q47: Do you typically resolve motions in limine at the final pretrial conference?
  • KPN A47: Respondent skipped this question.
  • KPN Q48: Do you typically hear and/or resolve Daubert motions at the final pretrial conference?
  • KPN A48: Respondent skipped this question.
  • KPN Q49: Do you require the parties to provide a courtesy copy of trial exhibits to the Court before trial?
  • KPN A49: Respondent skipped this question.
  • KPN Q50: If courtesy copies of trial exhibits are required, when do you require them?
  • KPN A50: Respondent skipped this question.
  • KPN Q51: If courtesy copies of trial exhibits are required, what particular form is required?
  • KPN A51: Respondent skipped this question.
  • KPN Q52: Do you require trial exhibits to be pre-marked? If so, please describe your practice?
  • KPN A52: Respondent skipped this question.
  • General Trial Practice - Scheduling Trials

  • KPN Q53: Typically, when do you set a trial date in civil cases?
  • KPN A53: Respondent skipped this question.
  • KPN Q54: What is your typical trial schedule?
  • KPN A54: Respondent skipped this question.
  • KPN 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?
  • KPN A55: Respondent skipped this question.
  • General Trial Practice - Jury Selection

  • KPN Q56: Please describe your jury selection process.
  • KPN A56: Respondent skipped this question.
  • KPN Q57: Under what circumstances, if any, have you or would you consider using a juror questionnaire?
  • KPN A57: Respondent skipped this question.
  • KPN Q58: If you would consider the use of a jury questionnaire, when and in what form should it be proposed?
  • KPN A58: Respondent skipped this question.
  • KPN Q59: Have you or would you consider allowing attorney voir dire?
  • KPN A59: Respondent skipped this question.
  • KPN Q60: In civil trials, typically what number of jurors do you seat?
  • KPN A60: Respondent skipped this question.
  • General Trial Practice - Trial Practices

  • KPN Q61: Do you require counsel to use the podium during openings, examination of witnesses and/or closings?
  • KPN A61: Respondent skipped this question.
  • KPN Q62: How many rounds of examination do you typically allow?
  • KPN A62: Respondent skipped this question.
  • KPN Q63: Under what, if any, circumstances, will you allow a rebuttal case?
  • KPN A63: Respondent skipped this question.
  • KPN Q64: Do you have any preferences about the use of chalks during openings and closings?
  • KPN A64: Respondent skipped this question.
  • KPN Q65: Do you have any particular practice in regard to jury charge conferences? If so, please describe it.
  • KPN A65: Respondent skipped this question.
  • KPN Q66: Do you provide a written copy of your jury charge to the jury?
  • KPN A66: Respondent skipped this question.
  • KPN Q67: Will you consider counsel's proposals of a special verdict form? If so, should it be in any particular format?
  • KPN A67: Respondent skipped this question.
  • KPN 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.
  • KPN A68: Respondent skipped this question.
  • KPN Q69: If you have any particular practices as to bench trials, please describe them.
  • KPN A69: Respondent skipped this question.
  • Standing Orders & Miscellaneous Matters

  • KPN Q70: If your session has any standing orders, please attach them here.
  • KPN A70: Respondent skipped this question.
  • KPN Q71: Order #2
  • KPN A71: Respondent skipped this question.
  • KPN Q72: Order #3
  • KPN A72: Respondent skipped this question.
  • KPN 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.
  • KPN A73: Respondent skipped this question.


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