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Hennessy, David H.

Born 1955 in White Plains, NY

Federal Judicial Service

Magistrate Judge, U. S. District Court, District of Massachusetts

First appointed to the Court May 6, 2013.

Education

Fordham University School of Law, JD., 1985
State University of New York, B.A., 1978

Staff
Clerk’s Office
Courtroom Clerk
Lisa Belpedio 508-929-9905

Lisa_Belpedio@mad.uscourts.gov

 

Courtroom Number
Worcester, #1

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.

Chambers Procedures/Standing Orders/Sample Orders

N/A


USDC Judicial Forum Survey


Match word(s).

    Civil - Case Management

  • DHH 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?
  • DHH A1: No.
  • DHH Q2: If you have a specific scheduling order, please attach your order.
  • DHH A2: Civil Scheduling Order
  • DHH 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)?
  • DHH A3: No
  • DHH Q4: What, if any, inquiries do you make about settlement prospects and/or interest in mediation at the initial scheduling conference?
  • DHH A4: I ask about interest in the court sponsored mediation program at every conference with the parties.
  • DHH Q5: What, if any inquiries do you make about the liklihood of trial at the initial scheduling conference?
  • DHH A5: I typically do not set a trial date at the initial scheduling conference.
  • DHH Q6: What schedule do you set at the initial scheduling conference?
  • DHH A6: Fact and expert discovery.
  • DHH Q7: After the initial scheduling conference, do you hold status conferences?
  • DHH A7: Yes.
  • DHH Q8: If so, when do you hold status conferences?
  • DHH A8: At close of discovery.
  • DHH Q9: If so, what issues do you address at status conferences?
  • DHH A9: Status of discovery, mediation, trial schedule.
  • Civil - Discovery

  • DHH 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?
  • DHH A10: Number of estimated depositions, whether expert discovery will be needed.
  • DHH Q11: What, if any, issues related to electronically stored information should counsel be prepared to address at the initial scheduling conference?
  • DHH A11: N/A
  • DHH 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?
  • DHH A12: No.
  • DHH Q13: Under what circumstances would you consider a bifurcation of discovery ?
  • DHH A13: When there is a Monell Claim.
  • DHH 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?
  • DHH A14: Parties should be prepared to explain why the length of the discovery period that they request is necessary.
  • DHH 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?
  • DHH A15: If the 7.1 or 37.1 certification is not included in the motion, I will deny the motion without prejudice as a matter of course.
  • DHH Q16: Do you typically hold hearing on discovery motions?
  • DHH A16: Only if the matter requires it.
  • DHH Q17: Please describe your general practice regarding the resolution of disovery motions.
  • DHH A17: Following submission of briefs, I will determine whether the motion requires a hearing.
  • DHH Q18: Under what circumstances will you consider emergency motions regarding discovery matters?
  • DHH A18: If it is a true emergency.
  • DHH Q19: Do you have any particular practices or requirements about expert disclosures?
  • DHH A19: The expert discovery schedule is set forth in the initial scheduling order.
  • DHH 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?
  • DHH A20: A date for the parties' experts to be designated and deposed. I do not set a schedule for the filing of Daubert motions at the initial scheduling conference.
  • DHH 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?
  • DHH A21: I am more likely to hold hearings on motions rather than rule on the papers. I will also generate written orders rather than electronic orders.
  • Civil - Dispositive Motions

  • DHH 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?
  • DHH A22: I prefer that the statement of material facts accompanying a motion for summary judgment be filed as a separate document with each fact numbered separately.
  • DHH 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?
  • DHH A23: No.
  • DHH Q24: Do you typically allow reply briefs and/or surreply briefs?
  • DHH A24: Only upon motion by the party and only when necessary to address specific points in the response.
  • DHH Q25: If you allow reply and/or surreply briefs, do you impose a page limit?
  • DHH A25: No.
  • DHH Q26: Do you typically hold a hearing on motions to dismiss?
  • DHH A26: If the motion requires.
  • DHH Q27: Do you typically hold a hearing on summary judgment motions?
  • DHH A27: If the motion requires.
  • DHH Q28: If you typically hold hearings on dispositive motions, what, if any, time limits do you impose on counsel for their arguments?
  • DHH A28: I do not impose time limits but I expect the parties to be mindful of the court's time in preparing their arguments.
  • DHH Q29: Under what, if any, circumstances, would you allow the filing of post-argument briefs?
  • DHH A29: If needed to address a previously undiscussed issue raised in the hearing.
  • Civil - Patent Cases

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

    Civil Mediation

  • DHH Q33: If you have any particular practices or preferences in regard to submissions before a mediation, please describe them.
  • DHH A33: I require confidential mediation statements from the parties five business days prior to a mediation. The statement should be no more than four pages, and address with candor the following points: 1. A brief analysis of the key issues involved in the litigation, including a specific breakdown of the claimed damages. 2. A description of the strongest and weakest legal and factual points in the party’s case. 3. A description of the strongest and weakest legal and factual points in the opponent’s case. 4. The status of settlement negotiations, including the last settlement proposal made by each side. In this regard, counsel are directed to confer with their clients in advance of the mediation conference to explore the party’s settlement position, and the parties are encouraged to exchange settlement proposals prior to the conference. 5. The settlement proposal that the party believes would be fair. 6. The settlement proposal that the party would be willing to make in order to conclude the matter at this time.
  • DHH Q34: Do you have a standard pre-mediation order for the parties? If so, please attach it here.
  • DHH A34: Counsel are directed to be present with their respective clients or representatives thereof without limitation on their authority to negotiate and commit to settlement terms that, in their discretion, may be acceptable. It shall be understood that all parties and counsel will participate in the conference in good faith and with the interest of settling the matter on mutually acceptable terms. It shall also be understood that all parties, counsel, and other persons who participate will keep confidential all communications exchanged during the conference.
  • DHH Q35: If you have any particular practices or preferences in regard to conducting a mediation, please describe them here.
  • DHH A35: I typically do not invite opening statements. I meet with the parties separately and will not discuss those private statements unless authorized.
  • DHH Q36: Do you require the party/parties to be present or available during a mediation?
  • DHH A36: Yes, a party with decision making authority must be present. A party with decision making authority must be present. Any deviations from that requirement must be requested well in advance of the mediation.

    Criminal Matters

  • DHH 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?
  • DHH A37: Parties' estimate of when case can be transferred to the District Judge. Any requirements for trial or plea (i.e. interpreters/ digital equipment). Parties' position on speedy trial.
  • DHH Q38: Typically, at what point, will you refer a criminal case back to the district judge?
  • DHH A38: When defendant request trial or plea.
  • DHH Q39: Do you have any particular practices as to scheduling in criminal cases? If so, please describe them.
  • DHH A39: I allow parties to appear for status conferences by phone. I cancel status conferences if the parties submit a joint memo that addresses the Local Rule and they agree on excluding the time.
  • General Trial Practice - Pretrial Matters

  • DHH Q40: Do you require the filing of a trial brief?
  • DHH A40: Respondent skipped this question.
  • DHH 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?
  • DHH A41: Respondent skipped this question.
  • DHH Q42: Do you typically hold an initial pretrial conference in civil cases?
  • DHH A42: No.
  • DHH 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?
  • DHH A43: Respondent skipped this question.
  • DHH 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.,
  • DHH A44: Respondent skipped this question.
  • DHH Q45: Do you set a page limit for motions in limine? If so, what is it?
  • DHH A45: Respondent skipped this question.
  • DHH Q46: Do you typically hear motions in limine at the final pretrial conference?
  • DHH A46: Respondent skipped this question.
  • DHH Q47: Do you typically resolve motions in limine at the final pretrial conference?
  • DHH A47: Respondent skipped this question.
  • DHH Q48: Do you typically hear and/or resolve Daubert motions at the final pretrial conference?
  • DHH A48: Respondent skipped this question.
  • DHH Q49: Do you require the parties to provide a courtesy copy of trial exhibits to the Court before trial?
  • DHH A49: Respondent skipped this question.
  • DHH Q50: If courtesy copies of trial exhibits are required, when do you require them?
  • DHH A50: Respondent skipped this question.
  • DHH Q51: If courtesy copies of trial exhibits are required, what particular form is required?
  • DHH A51:Respondent skipped this question.
  • DHH Q52: Do you require trial exhibits to be pre-marked? If so, please describe your practice?
  • DHH A52: Respondent skipped this question.
  • General Trial Practice - Scheduling Trials

  • DHH Q53: Typically, when do you set a trial date in civil cases?
  • DHH A53: At a status conference following discovery.
  • DHH Q54: What is your typical trial schedule?
  • DHH A54: Monday through Friday 10-1.
  • DHH 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?
  • DHH A55: Respondent skipped this question.
  • General Trial Practice - Jury Selection

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

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

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

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