Judge Judith G. Dein
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Judges
Dein, Judith G.
Federal Judicial Service
Magistrate Judge (Recalled), U.S. District Court, District of Massachusetts. Chief Magistrate
Judge, 2009 - 2012.
First appointed to the Court July 31, 2000.
Education
Union College, B.A., 1976
Boston College Law School, J.D., 1979
Courthouse
Boston Courthouse
John Joseph Moakley U.S. Courthouse
1 Courthouse Way, Suite 2300
Boston, Massachusetts 02210
Courtroom
15, 5
th
floor
John J. Moakley Federal
Courthouse - Boston, MA
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Staff
Standing
Orders
Judicial Forum
Survey
Staff
Chambers Procedures/Standing Orders/Sample Orders
N/A
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, I
follow the Local Rule
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
always ask about mediation. I ask about settlement in the
context of scheduling discovery efficiently.
For
example, if certain discovery is needed as a prelude to
settlement discussions, I work with the parties
to
schedule that discovery.
Q5: What, if any inquiries do
you make about the liklihood of trial at
the
initial scheduling conference?
A5: I
rarely inquire about the likelihood of trial at the initial
scheduling conference.
Q6: What schedule do you set at
the initial scheduling conference?
A6: I
usually schedule fact discovery and expert discovery. I often
wait to schedule dispositive motions until
the
next status conference.
Q7: After the initial
scheduling conference, do you hold status
conferences?
A7: Yes.
Q8: If so, when do you hold
status conferences?
A8: I
usually hold the first status conference towards the close of
fact discovery.
Q9: If so, what issues do you
address at status conferences?
A9: I
address the status of discovery, whether adjustments to the
schedule are needed, whether mediation is
appropriate, and whether the case is likely to involve
dispositive motions. If so, I often schedule
dispositive
motions when fact discovery is almost complete.
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: I
like to know about the substance of the case, and potential
discovery problems. I also discuss the best
form for
presenting discovery issues, i.e. motions, letters, informal
conferences or the like.
Q11: What, if any, issues
related to electronically stored information
should counsel be prepared to address at the initial
scheduling conference?
A11: The
status of electronic discovery, and any potential problems.
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.
Q13: Under what circumstances
would you consider a bifurcation of
discovery
?
A13: It
varies with the case. Factors I generally consider are if there
is limited discovery needed before
serious
settlement discussions can be started, or if there are discrete
issues that need to be decided by the
court
which will affect the need for significant amounts of discovery.
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: I
have not made any discrete inquiries about proportionality. I
usually wait for the parties to bring it
up if it
is an issue.
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: No
specific requirements, but I have been working with counsel to
determine the most efficient way of
presenting a
discovery issue. For example, are memoranda really needed, can
the issue be decided in a telephone
conference,
and the like.
Q16: Do you typically hold
hearing on discovery motions?
A16: Yes,
I generally hold fairly significant hearings on discovery
motions so the parties can understand how I am
likely
to rule, and so that they can help formulate resolutions, if
possible.
Q17: Please describe your
general practice regarding the resolution of
disovery motions.
A17: I
generally hold hearings. If possible, I rule from the bench. I
usually issue an order, but on occasion
ask the
parties to draft the order.
Q18: Under what circumstances
will you consider emergency motions
regarding
discovery matters?
A18: I
will consider an emergency motion if it is a real emergency. I
rarely decide a motion without giving the
opposing party an opportunity to address the issues in a
substantive way.
Q19: Do you have any particular
practices or requirements about expert
disclosures?
A19: I
follow the Rules.
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?
A20: I
generally set schedules for expert discovery at the initial
scheduling conference. I schedule the filing
of
Daubert motions closer to trial.
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?
A21: I
try and make sure that the pro se litigant understands the
procedure and is engaged in the process. I
also
discuss the possibility of pro bono counsel being appointed for
mediation only.
Civil - Dispositive Motions
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?
A22: I
request that in connection with motions for summary judgment
there be one document stating the
undisputed facts
and the opposing party's response thereto.
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?
A23: No,
only upon request by the court.
Q24: Do you typically allow
reply briefs and/or surreply briefs?
A24: Yes,
I generally allow reply briefs. Surreply briefs are not
encouraged.
Q25: If you allow reply and/or
surreply briefs, do you impose a page
limit?
A25: Yes,
Generally they must be very short and focused.
Q26: Do you typically hold a
hearing on motions to dismiss?
A26: Yes.
Q27: Do you typically hold a
hearing on summary judgment motions?
A27: Yes.
Q28: If you typically hold
hearings on dispositive motions, what, if
any,
time limits do you impose on counsel for their arguments?
A28: No
time limits.
Q29: Under what, if any,
circumstances, would you allow the filing of
post-argument briefs?
A29: I
will request additional briefing if I feel it would help. New
cases can be brought to the court's
attention via
postargument briefs.
Civil - Patent Cases
Q30: Do you have any standing
order and/or any particular practice
regarding
the management of patent cases? If so, please describe them.
A30: No.
Q31: If applicable, please
upload your standing order regarding the
management of patent cases.
A31:
Respondent skipped this question
Q32: Do you have particular
practice about Markman hearings? If so,
please
describe them including but not limited to whether you allow
tutorial(s).
A32: No.
Civil Mediation
Q33: If you have any particular
practices or preferences in regard to
submissions before a mediation, please describe them.
A33: I
require a written submission which is included in my order. See
order below.
Q34: Do you have a standard
pre-mediation order for the parties? If so,
please attach it here.
A34: An
electronic order is entered in each case. Generally they
provide: Counsel are directed to be present
with their
clients or representatives thereof with full settlement
authority. No later than three business days
before the
conference, each party shall submit (by mail, hand delivery or
email addressed to ______ ) a brief
memorandum
marked "Confidential - Not for Docketing" addressing the party's
position on the merits of the case and
on
settlement. If you use a standard form settlement agreement,
please bring a copy with you. If you
believe the
case is not ripe for mediation at this time, please notify
opposing counsel and the court as soon as
possible.
Q35: If you have any particular
practices or preferences in regard to
conducting a mediation, please describe them here.
A35: I
generally do not have opening statements. I meet with each
counsel individually before hand without
clients to
review the dynamics of the case and significant issues. I meet
with everyone to review the rules and to
introduce myself. I then divide the parties into separate rooms
and do shuttle diplomacy.
Q36: Do you require the
party/parties to be present or available during
a
mediation?
A36: Yes,
a party with decision making authority must be present, with
prior permission, on occasion I allow the
decision
maker to be available by phone.
Criminal Matters
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?
A37:
Nothing significant.
Q38: Typically, at what point,
will you refer a criminal case back to
the
district judge?
A38: When
discovery is complete or it appears that it will be completed
without the need for my further
involvement.
Q39: Do you have any particular
practices as to scheduling in criminal
cases? If so, please describe them.
A39: I
usually hold status conferences within 1 month, but there are
exceptions.
General Trial Practice - Pretrial Matters
Q40: Do you require the filing
of a trial brief?
A40: Yes,
In accordance with the local rules.
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?
A41:
Respondent skipped this question
Q42: Do you typically hold an
initial pretrial conference in civil
cases?
A42: Yes,
In accordance with the local rules.
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: I
set the dates when I set the trial date. Depending on how
complicated the issues are, the pleadings are
usually
due 1- 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.)? Describe your practice.
A44: If I
want a courtesy copy I will request one. I have no special
requirements.
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: It
is expected that motions in limine will be heard at the final
pretrial conference unless other
arrangements have
been made.
Q47: Do you typically resolve
motions in limine at the final pretrial
conference?
A47: I
try and resolve them as early as possible. Depends on the
complexity of the issue, and the importance of
the
motion to the scope of the trial.
Q48: Do you typically hear
and/or resolve Daubert motions at the final
pretrial conference?
A48: I
prefer to address Daubert motions as early as possible.
Q49: Do you require the parties
to provide a courtesy copy of trial
exhibits
to the Court before trial?
A49: Yes.
Q50: If courtesy copies of
trial exhibits are required, when do you
require
them?
A50: If
they are disputed, they should be filed with the appropriate
motion. Otherwise they can be provided at
trial.
Q51: If courtesy copies of
trial exhibits are required, what particular
form
is required?
A51: I
don't have any special requirements. I generally prefer at least
one hard copy of exhibits.
Q52: Do you require trial
exhibits to be pre-marked? If so, please
describe
your practice.
A52: Yes,
This varies with the case. I expect the parties to try and agree
to the appropriate numbering scheme.
General Trial Practice - Scheduling Trials
Q53: Typically, when do you set
a trial date in civil cases?
A53: At
the conclusion of discovery or after summary judgment, if
appropriate. I can usually schedule a trial
within a
few months.
Q54: What is your typical trial
schedule?
A54: For
shorter trials 10-4. For longer trials 9:30 -1:00.
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?
A55: No.
General Trial Practice - Jury Selection
Q56: Please describe your jury
selection process.
A56: I
generally ask all the questions to the venire. At the end,
anyone who answered yes to any questions
comes to
side bar individually and is questioned further by me, with
input from counsel.
Q57: Under what circumstances,
if any, have you or would you consider
using
a juror questionnaire?
A57: I
have never used one.
Q58: If you would consider the
use of a jury questionnaire, when and in
what
form should it be proposed?
A58: If
counsel asked, I would consider it.
Q59: Have you or would you
consider allowing attorney voir dire?
A59: Yes,
To date I have not allwed attorney voir dire, but would consider
it if counsel asked.
Q60: In civil trials, typically
what number of jurors do you seat?
A60: 9
General Trial Practice - Trial Practices
Q61: Do you require counsel to
use the podium during openings,
examination
of witnesses and/or closings?
A61: No.
Q62: How many rounds of
examination do you typically allow?
A62:
Direct & Cross, Redirect, Recross
Q63: Under what, if any,
circumstances, will you allow a rebuttal case?
A63: If
it made sense legally, I would consider letting evidence go in
through a rebuttal case.
Q64: Do you have any
preferences about the use of chalks during
openings and
closings?
A64: They
are fine as long as they are pre-approved by opposing counsel.
Q65: Do you have any particular
practice in regard to jury charge
conferences? If so, please describe it.
A65: I
review the charge item by item with counsel.
Q66: Do you provide a written
copy of your jury charge to the jury?
A66: If
requested and after consultation with counsel.
Q67: Will you consider
counsel's proposals of a special verdict form?
If so,
should it be in any particular format?
A67: I
appreciate proposals of special verdict forms. They do not need
to be in any particular format.
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.
A68: I
work with counsel to address the needs of each case, and am
willing to consider alternative approaches.
Q69: If you have any particular
practices as to bench trials, please
describe them.
A69: I
appreciate an opening and a closing. Closings are sometimes
deferred until after findings and rulings
are
submitted. Depending on the length of the trial, I may not
require detailed proposed findings and
rulings before
trial.
Standing Orders & Miscellaneous Matters
Q70: If your session has any
standing orders, please attach them here.
A70:
Respondent skipped this question.
Q71: Order #2
A71:
Respondent skipped this question.
Q72: Order #3
A72:
Respondent skipped this question.
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.
A73: Feel
free to make suggestions/proposals to insure that cases run
smoothly. I am also starting to work with
counsel
more to determine what form discovery motions should take - i.e.
is full briefing needed, telephone
conferences,
etc. I also encourage less experienced attorneys to participate
in court proceedings. This is
particularly true
in discovery hearings where associates generally have more
knowledge of the relevant facts.
