Judge William G. Young
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Judges
Young, William G.
Federal Judicial Service
Judge, U.S. District Court, District of Massachusetts. Chief Judge, 1999 - 2005.
Nominated by Ronald Reagan on March 8, 1985, to a new seat created by 98 Stat. 333;
Confirmed
by the Senate on April 3, 1985, and received commission on April 4, 1985.
Assumed senior status on July 1, 2021.
Education
Harvard University, A.B., 1962
Harvard Law School, LL.B., 1967
Courthouse
Boston Courthouse
John Joseph Moakley U.S. Courthouse
1 Courthouse Way, Suite 2300
Boston, Massachusetts 02210
Courtroom
18, 5
th
floor
John J. Moakley Federal
Courthouse - Boston, MA
Courtroom Technology
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Staff
Standing
Orders
Cameras in the
Courtroom
Judicial Forum
Survey
Staff
Chambers Procedures/Standing Orders/Sample Orders
Standing Order - Order for the Proper Handling of Judicial Proceedings
Standing Order - Electronic Filing
Cameras in the Courtroom
A work-a-day Judge at work:
Videos depicting the routine work of a United States District Judge
The Judge's Common Book
Scheduling Conferences
Scheduling
Conferences (Which includes the cases listed
below)
11-11203 Boston Atlantic Parking
v. Ottenberg
12-11161 HighRes Biosolution v.
Acrylic Tank Mfg
12-11636 Allegro Software v. A10
Networks
12-11946 5th AP Company v.
National Condo Ins.
12-12076 Weymouth v. Cousins et al
12-12091 CFN Agency v. Liberty
Mutual
12-12102 Capachone et al v. Toyota
Motor Sales 12-12117 Peak v. MA Bay Commuter Rail
12-12119 Marshall v. Nat'l Retail
Prop et al
Status Conference
12-02409
In re: Nexium Litigation (MDL Case)
Motion Sessions
10-30072
B. et al v. Patrick et al
12-10246
Casey v. Dept. of Defense et al
12-10326 Lu
v. Boston College
12-11315 MIT
v. Research Development et al
11-11428
Henning v. Wachovia Mortgage
12-10667 Nuth
v. Kelly Services et al
12-11579
Glick v. Bankers Life
12-11665 Shea
et al v. Mortgage Electronic
Reg
12-12001
Khalatbary v. Khalatbary et al
11-30178
Clionsky v. CIGNA Corp.
12-11014 Able
Real Estate v. Heliopolis
Systems Inc.
13-10174
Ingemi Deutsche Bank
Markman Hearing
11-948
WhitServ. GoDaddy.com
Juror Welcome Speech
Juror Welcome
Speech
Jury Empanelment
10-11117
Miranda v. Hurley
Charge to Jury
12-10326 Lu
v. Boston College
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: 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 do
not inquire about settlement as I consider it too early in the
process. While mediation is voluntary, I
schedule
it unless the parties refuse.
Q5: What, if any inquiries do
you make about the liklihood of trial at the
initial scheduling conference?
A5: Since
the parties are in court I assume they want a trial and schedule
the trial month (not more than 12 months
from
the initial scheduling conference).
Q6: What schedule do you set at
the initial scheduling conference?
A6: The
filing of summary judgment motions will be within 9 months of
the conference, the final pre-trial conference
within 11 months, and the trial within 12 months.
Q7: After the initial
scheduling conference, do you hold status
conferences?
A7:
Not unless a party requests such a conference.
Q8: If so, when do you hold
status conferences?
A8:
Not applicable.
Q9: If so, what issues do you
address at status conferences?
A9:
Not applicable.
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:
Counsel ought be fully prepared but I do not raise discovery
issues.
Q11: What, if any, issues
related to electronically stored information
should counsel be prepared to address at the initial
scheduling conference?
A11:
Counsel ought be fully prepared but I do not raise such issues.
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:
General protective orders, while encouraged, are not the place
to address filing any sealed materials with
the
Court, a practice I disfavor.
Q13: Under what circumstances
would you consider a bifurcation of discovery
?
A13:
While willing to consider bifurcation in any appropriate case,
it’s been my experience that it usually
causes
unnecessary delay.
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:
Judge Keeton taught me to act like a baseball arbitrator in
resolving case management issues, i.e. tell the
parties to be “reasonable” and then choose one or another of the
various proposals presented on the basis of
which is more reasonable and proportionate.
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:
None.
Q16: Typically, do you resolve
discovery motions or do you refer them to
the
magistrate judge?
A16: I
typically resolve them.
Q17: Do you typically hold a
hearing on discovery?
A17: No,
I handle discovery motions myself without oral hearings save in
extremely rare circumstances.
Q18: Please describe your
general practice regarding the resolution of
discovery motions.
A18: I
handle discovery motions myself without oral hearings save in
extremely rare circumstances.
Q19: Under what circumstances
will you consider emergency motions regarding
discovery matters?
A19: I
will always consider them. Calling a motion an emergency doesn’t
make it one.
Q20: Do you have any particular
practices or requirements about expert
disclosures?
A20:
Other than a discovery completion date I have no particular
requirement, Daubert hearings are extremely
rare. No
expert is permitted to testify to anything not fully revealed in
that expert’s report.
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:
Other than a discovery completion date I have no particular
requirement, Daubert hearings are extremely
rare. No
expert is permitted to testify to anything not fully revealed in
that expert’s report.
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
pro se litigants I do not require a detailed written case
management proposal.
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: No.
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: Yes.
If exhibits are voluminous, I’d like a courtesy copy.
Q25: Do you typically allow
reply briefs and/or surreply briefs?
A25: Yes.
I welcome all the written help I can get. I don’t wait for reply
and other briefs before ruling.
Q26: If you allow reply and/or
surreply briefs, do you impose a page limit?
A26: No.
Q27: Do you typically hold a
hearing on motions to dismiss?
A27: Yes.
Q28: Do you typically hold a
hearing on summary judgment motions?
A28: Yes.
Q29: If you typically hold
hearings on dispositive motions, what, if any,
time limits do you impose on counsel for their arguments?
A29:
Usually no more than 10 minutes per side. 5 minutes per side for
more straight forward motions
Q30: Under what, if any,
circumstances, would you allow the filing of
post-argument briefs?
A30: They
are welcomed but will not hold up the ruling.
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:Patent cases are managed like any other case.
Q32: If applicable, please
upload your standing order regarding the
management of patent cases.
A32:
I have no special patent order.
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:
Eight different constructions are about enough in any one case.
I come on the bench with a tentative
construction in mind, share it with the parties, and we discuss
it, eventually settling on a construction.
If
either party is dissatisfied, I’ll hear from an expert from each
side as to why I’m wrong (or right) in a
one
hour hot tub experience. I welcome jointly agreed written
tutorials.
Criminal Matters
Q34: Do you handle matters
regarding discovery in criminal cases?
A34: Yes,
If so, please describe your practice? I handle my own discovery,
usually on the papers.
Q35: Do you have any particular
practices as to scheduling in criminal
cases? If so, please describe them.
A35: I
schedule a tentative trial date at the initial conference.
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
refer it to the magistrate judge.
The matter is sent first to the magistrate judge.
Q37: Do you typically hold a
hearing on motions for review of a detention
order?
A37: Yes.
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: No. In both civil and criminal cases, I
welcome but do not require them. Motions in limine are equally
effective.
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
welcome but do not require them. Motions in limine are equally
effective.
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: Yes.
I follow the local rule.
Q42: Do you typically hold an
initial pretrial conference in civil cases?
A42: No.
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: At
the latest on the Friday before Monday’s empanelment.
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: At
the latest on the Friday before Monday’s empanelment.
Q45: Do you set a page limit
for motions in limine? If so, what is it?
A45: Yes,
20 pages.
Q46: Do you typically hear
motions in limine at the final pretrial
conference?
A46: No
Q47: Do you typically resolve
motions in limine at the final pretrial
conference?
A47: No
Q48: Do you typically hear
and/or resolve Daubert motions at the final
pretrial conference?
A48:
Daubert motions ought be resolved before the close of discovery
so a different expert may be substituted if
necessary.
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: No, though I welcome them.
Q51: If courtesy copies of
trial exhibits are required, what particular
form
is required?
A51: Inapplicable
Q52: Do you require trial
exhibits to be pre-marked? If so, please describe
your practice?
A52: Yes, numbers when in evidence without
regard to which party proffers them. Letters for identification
A to Z then AA,
AB, AC, not AA, BB, CC.
Criminal - Scheduling Trials
Q53: Typically, when do you set
a trial date in criminal cases?
A53: At
the initial case management conference.
Q54: Typically, when do you set
a trial date in civil cases?
A54: At
the initial case management conference.
Q55: What is your typical trial
schedule?
A55: 9 am
to 1 pm
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:
Generally 15 minutes per side for opening statements, 30 minutes
per side for closing arguments. The number
of
trial days is worked out by agreement at the final pre-trial
conference. I keep time.
Criminal - Jury Selection
Q57: Please describe your jury
selection process.
A57: I
question the venire, handle excuses, seat the requisite number,
ask each juror to say a few words about
where
they work and what they do, entertain preremptories (plaintiff
or prosecution first then defense; no back
strikes; on next round defense goes first and so on ). I pick
the foreperson.
Q58: Under what circumstances,
if any, have you or would you consider using
a juror questionnaire?
A58: In
cases with a great deal of publicity. In these cases the struck
system is sometimes preferable.
Q59: If you would consider the
use of a jury questionnaire, when and in
what
form should it be proposed?
A59:
Questionnaires ought be short (preferably one page) and address
knowledge of cases and potential bias, not an excursion
into the potential jurors' personal history.
Q60: Have you or would you
consider allowing attorney voir dire?
A60: No
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: 2.
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:
No limits. The rules of evidence govern.
Q65: Under what, if any,
circumstances, will you allow a rebuttal case?
A65:
Under appropriate circumstances, but this ought happen rarely.
Q66: Do you have any
preferences about the use of chalks during openings
and
closings?
A66: I’d
like to be advised beforehand.
Q67: Do you have any particular
practice in regard to jury charge
conferences? If so, please describe it.
A67: I
lead off explaining how I propose to charge and we discuss.
Q68: Do you provide a written
copy of your jury charge to the jury?
A68: Yes,
if the deliberations go into a second day.
Q69: Will you consider
counsel's proposals of a special verdict form? If
so,
should it be in any particular format?
A69: Yes.
No format is required but I favor general verdicts.
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: No
reading of depositions. I’ll read them on my own.
Criminal - Sentencing/Revocation Hearings
Q72: Do you require a
sentencing memorandum in every case?
A72: No,
but I welcome them. I ought receive them in time to read and
reflect on them.
Q73: If you do not require a
sentencing memorandum in every case, when
would
it be helpful to you?
A73: No,
but I welcome them. I ought to receive them in time to read and
reflect on them.
Q74: Under what, if any,
circumstances, would you consider an expedited
sentencing?
A74: When
the likely time of incarceration is less than the usual time to
prepare.
Q75: Do you have any particular
practices regarding the presentation of
victim impact statements at sentencing?
A75: Such
presentations ought come early in the hearing, before the
guideline calculation and the arguments of counsel
and
allocution.
Q76: Under what, if any
circumstances, would you consider the postponement
of a sentencing hearing?
A76: When
such postponement could favor the defendant and the government
does not object.
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:
Respondent skipped this question
