Judge Allison D. Burroughs
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Judges
Burroughs, Allison D.
Federal Judicial Service
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 December 19, 2014.
Education
Middlebury College BA 1983
University of Pennsylvania Law School, JD 1988
Courthouse
Boston Courthouse
John Joseph Moakley U.S. Courthouse
1 Courthouse Way, Suite 2300
Boston, Massachusetts 02210
Courtroom
17, 5
th
floor
John J. Moakley Federal
Courthouse - Boston, MA
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Staff
Orders
Judicial Forum
Survey
Staff
Chambers Procedures/Standing Orders/Sample Orders/Other Orders
Standing
Order - Electronic Filing
USDC Judicial Forum Survey
Civil - Case Management
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?
A1: No. In routine cases, the schedule
proposed by the parties should endeavor to have the case ready
for trial within 1
year of the initial scheduling conference.
Q2: If you have a specific
scheduling order, please attach your order.
A2:
Respondent skipped this question.
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)?
A3: No.
Q4: What, if any, inquiries do
you make about settlement prospects and/or
interest in mediation at the initial scheduling conference?
A4: I
inform the parties about the opportunity for court based
mediation, but generally do no more than that.
Q5: What, if any inquiries do
you make about the liklihood of trial at the
initial scheduling conference?
A5: Do not
inquire.
Q6: What schedule do you set at
the initial scheduling conference?
A6: I always set a schedule through fact
discovery. I also set a schedule for summary judgment and/or
expert discovery if it
is clear that either or both of things is likely to happen.
Q7: After the initial
scheduling conference, do you hold status
conferences?
A7: Yes.
Q8: If so, when do you hold
status conferences?
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.
Q9: If so, what issues do you
address at status conferences?
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.
Civil - Discovery
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?
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.
Q11: What, if any, issues
related to electronically stored information
should counsel be prepared to address at the initial
scheduling conference?
A11: If
there is any issue foreseeable to the parties, I expect them to
raise it at the scheduling conference.
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?
A12: No.
A proposed protective order must, however, include the following
language: "The Court may allow, after
notice to
the parties, the disclosure of any document or information
covered by this Protective Order, and may modify
this
Protective Order at any time in the interests of justice, and to
ensure that any proceeding before this
Court is
fair, efficient, and consistent with the public interest."
Q13: Under what circumstances
would you consider a bifurcation of discovery
?
A13: This
is not my preference as I think it leads to inefficiencies. That
being said, I would consider it if the
bifurcation concerned two largely unrelated areas/topics that
were unlikely to overlap.
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?
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.
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?
A15: I sometimes, depending on the case, 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. If the issue cannot be addressed in a 2 page or less
letter, however, a motion should be filed.
Q16: Typically, do you resolve
discovery motions or do you refer them to
the
magistrate judge?
A16: I typically resolve them, but frequent
fliers may be referred to a magistrate judge.
Q17: Do you typically hold a
hearing on discovery?
A17: No.
Q18: Please describe your
general practice regarding the resolution of
discovery motions.
A18: I try to resolve them quickly. I don't
like the idea of discovery motions holding up the forward
progress of a case. If
I can't get to them, I might refer a motion to a magistrate
judge.
Q19: Under what circumstances
will you consider emergency motions regarding
discovery matters?
A19: I
will do this unless the parties in a particular case start to
abuse it.
Q20: Do you have any particular
practices or requirements about expert
disclosures?
A20: No.
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?
A21: I set expert discovery deadlines at 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 the motions if it
appears necessary. If the parties tell me at the status
conference at the end of fact discovery that they need expert
discovery, I'll set a schedule then.
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?
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. I'll also entertain requests to waive the next meet
and confer process.
Civil - Dispositive Motions
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?
A23: I
encourage the parties to adhere to the state court practice of
filing a joint statement of disputed (or
undisputed) facts such that I can see everyone's view of each
proposed fact in one document.
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?
A24: No.
Q25: Do you typically allow
reply briefs and/or surreply briefs?
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.
Q26: If you allow reply and/or
surreply briefs, do you impose a page limit?
A26: Yes.
10 pages, absent leave to file a longer reply or sur reply.
Q27: Do you typically hold a
hearing on motions to dismiss?
A27: Only
if I think that argument would be helpful.
Q28: Do you typically hold a
hearing on summary judgment motions?
A28: Only if I think that argument would be
helpful.
Q29: If you typically hold
hearings on dispositive motions, what, if any,
time limits do you impose on counsel for their arguments?
A29: It's
a rule of reasonableness depending on the case. I don't impose
time limits, but appreciate efficiency.
Q30: Under what, if any,
circumstances, would you allow the filing of
post-argument briefs?
A30: If
the parties requested to do so and I thought that it would be
helpful.
Civil - Patent Cases
Q31: Do you have any standing
order and/or any particular practice
regarding
the management of patent cases? If so, please describe them.
A31: No.
Q32: If applicable, please
upload your standing order regarding the
management of patent cases.
A32:
Respondent skipped this question.
Q33: Do you have particular
practice about Markman hearings? If so, please
describe them including but not limited to whether you allow
tutorial(s).
A33: No. I generally appreciate the
tutorials though.
Criminal Matters
Q34: Do you handle matters
regarding discovery in criminal cases?
A34: Typically, yes.
Q35: Do you have any particular
practices as to scheduling in criminal
cases? If so, please describe them.
A35: No.
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?
A36: I
generally refer it to the magistrate judge.
Q37: Do you typically hold a
hearing on motions for review of a detention
order?
A37: I will do it if the parties request it,
it could be helpful, and the outcome is at all in question.
Q38: Do you have any particular
practices regarding the filing of
suppression motions or hearings on suppression motions?
A38: No.
General Trial Practice - Pretrial Matters
Q39: Do you require the filing
of a trial brief?
A39: Yes,
in civil cases. I don't always require them in criminal cases,
but I do prefer to get them.
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?
A40: I
always think they are helpful!
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)?
A41: I typically hold them just to get me
and everyone else focused on the case and to get a schedule in
place unless it is
going to be a plea. I often do these by phone.
Q42: Do you typically hold an
initial pretrial conference in civil cases?
A42: Since COVID, I ask the parties to
submit a proposed schedule and to let me know if they object to
me setting a schedule
based on the written submission. I will schedule a call or
conference if there is no joint proposed schedule, the
proposed schedule seems long or raises any other issue that I
feel warrants a conversation.
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?
A43: When
I set a trial date. I like all of these things filed at least 2
weeks before trial.
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.)?
A44: I
don't require it, but will sometimes ask for jury instructions
to be emailed to my courtroom deputy.
Q45: Do you set a page limit
for motions in limine? If so, what is it?
A45: No.
Q46: Do you typically hear
motions in limine at the final pretrial
conference?
A46: Yes.
Q47: Do you typically resolve
motions in limine at the final pretrial
conference?
A47: At
or before when I can.
Q48: Do you typically hear
and/or resolve Daubert motions at the final
pretrial conference?
A48:
Earlier in the case.
Q49: Do you require the parties
to provide a courtesy copy of trial
exhibits
to the Court before trial?
A49: No.
Q50: If courtesy copies of
trial exhibits are required, when do you require
them?
A50:Courtesy copies are not required.
Q51: If courtesy copies of
trial exhibits are required, what particular
form
is required?
A51: Courtesy copies are not required, but I
do like to have a hard copy of exhibits at trial.
Q52: Do you require trial
exhibits to be pre-marked? If so, please describe
your practice?
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.
Criminal - Scheduling Trials
Q53: Typically, when do you set
a trial date in criminal cases?
A53: As
soon as practicable - which depends on whether people anticipate
a motion to suppress or other sort of
dispositive motion.
Q54: Typically, when do you set
a trial date in civil cases?
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.
Q55: What is your typical trial
schedule?
A55: I prefer to try 10-4 with a lunch break
and an afternoon break.
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?
A56: Not
unless I think it is necessary in a particular case or the
parties ask.
Criminal - Jury Selection
Q57: Please describe your jury
selection process.
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.
Q58: Under what circumstances,
if any, have you or would you consider using
a juror questionnaire?
A58:I
prefer not to use them, although I have used them and will
consider it in appropriate cases.
Q59: If you would consider the
use of a jury questionnaire, when and in
what
form should it be proposed?
A59:
Respondent skipped this question.
Q60: Have you or would you
consider allowing attorney voir dire?
A60: Yes,
I generally allow very limited follow up by attorneys
Q61: In civil trials, typically
what number of jurors do you seat?
A61: 12.
Q62: In criminal trials,
typically how many alternate jurors do you
seat?
A62: At least 2, but up to 4 for longer
cases.
General Trial Practice - Trial Practices
Q63: Do you require counsel to
use the podium during openings, examination
of witnesses and/or closings?
A63: No.
Q64: How many rounds of
examination do you typically allow?
A64:
Direct, cross, re-direct, re-cross.
Q65: Under what, if any,
circumstances, will you allow a rebuttal case?
A65: Case
by case analysis
Q66: Do you have any
preferences about the use of chalks during openings
and
closings?
A66: I
don't like them during openings, but will allow if they are not
objected to. I'm more amenable to them
during
closings.
Q67: Do you have any particular
practice in regard to jury charge
conferences? If so, please describe it.
A67: No
particular practice, but I try to do them as early as possible.
I really dislike making last minute changes
to a
charge.
Q68: Do you provide a written
copy of your jury charge to the jury?
A68: Yes.
Q69: Will you consider
counsel's proposals of a special verdict form? If
so,
should it be in any particular format?
A69: Yes.
I will consider them. They should provide them in the form they
are proposing go to the jury.
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.
A70:
Respondent skipped this question.
Q71: If you have any particular
practices as to bench trials, please
describe them.
A71:
Respondent skipped this question.
Criminal - Sentencing/Revocation Hearings
Q72: Do you require a
sentencing memorandum in every case?
A72: No.
Q73: If you do not require a
sentencing memorandum in every case, when
would
it be helpful to you?
A73: I
always find them helpful, but don't require them.
Q74: Under what, if any,
circumstances, would you consider an expedited
sentencing?
A74: A
case where a defendant is potentially looking at a sentence
shorter than the 12 weeks and where there is no
objection by either party.
Q75: Do you have any particular
practices regarding the presentation of
victim impact statements at sentencing?
A75: No.
Q76: Under what, if any
circumstances, would you consider the postponement
of a sentencing hearing?
A76: Open
to entertaining reasonable requests.
Q77: Do you have any particular
practices as to revocation matters?
A77: No.
Standing Orders & Miscellaneous Matters
Q78: If your session has any
standing orders, please attach them here.
A78:
Respondent skipped this question.
Q79: Order #2
A79:
Respondent skipped this question.
Q80: Order #3
A80:
Respondent skipped this question.
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.
A81: Ask for fact discovery extensions
before deadline passes, file unredacted copies as exhibits to
redacted, no speaking
objections, objections limited to 3 words, shorter is better for
so many things, get your associates or more junior
attorneys participating as often as possible.
Post-Pandemic Practices
Q82: As of Fall 2022, are there
any case events that you routinely conduct via Zoom in civil
cases? If so, what are they?
A82: No. But I don't require Rule 16
conferences to be in person (which I formerly did).
Q83: As of Fall 2022, are there
any case events that you routinely conduct via Zoom in
criminal cases? If so, what are they?
A83: No. But I will do the initial status
(after the case comes up from the Magistrate Judge) over the
telephone.
Q84: As of Fall 2022, if there
are case events that you routinely conduct in person that
you would consider conducting via
Zoom, what are those case events and under what
circumstances would you consider conducting them via Zoom?
A84: There are things that I typically do
over the phone that I would use Zoom for in certain cases. For
example, when I am
trying to set a trial date in a large civil case, it's much
easier to do over Zoom when I can see who is speaking.
