Chief Magistrate Judge Paul G. Levenson
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Judges
Levenson, Paul G.
Federal Judicial Service
Magistrate Judge, U.S. District Court, District of Massachusetts. Chief Magistrate Judge, 2026-present.
First appointed to the Court May 27, 2022.
Education
Harvard College, B.A., 1979
Harvard Law School, J.D., 1984
Courthouse
Boston Courthouse
John Joseph Moakley U.S. Courthouse
1 Courthouse Way, Suite 2300
Boston, Massachusetts 02210
Courtroom
25, 7
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
Standing
Order - Motions for Leave to File Under Seal and Stipulated
Protective Orders
Standing Order - Motions for Default Judgement
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 have a standard order that I send
out in most cases, which includes a template for scheduling.
It generally follows
the contour of LR 16.1.
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 generally seek the parties' views
about whether, and when, mediation or other efforts to
explore settlement may be of
use.
Q5: What, if any inquiries
do
you make about the liklihood of trial at the
initial scheduling conference?
A5: My inquiries vary, depending on the
nature of the case.
Q6: What schedule do you
set at
the initial scheduling conference?
A6: I have a standard blank scheduling
order that I provide to the parties when setting the initial
scheduling conference.
Q7: After the initial
scheduling conference, do you hold status
conferences?
A7: It depends on the case. It often makes sense to touch base with the parties after fact discovery, before large expenditures for expert witnesses. Topics typically include: possibility of mediation, revisions to schedule for discovery, motion practice, trial.
Q8: If so, when do you hold
status conferences?
A8: See above.
Q9: If so, what issues do
you
address at status conferences?
A9: See above.
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 should be prepared to
tailor their discussion of discovery to the circumstances of
the case. In some instances.
For example, if there are potentially dispositive issues
that can be raised "up front" at minimal cost, it may make
sense to delay or stagger discovery.
Q11: What, if any, issues
related to electronically stored information
should counsel be prepared to address at the initial
scheduling conference?
A11: Whenever there is a signifiicant
amount of ESI, counsel should have a plan for addressing the
issue. This is especially
the case when there are substantial disparities in the
parties' respective capacities for handling ESI.
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 special format. Parties should, however, be careful to note the distinction between protective orders that limit use/disclosure during discovery, and orders that purport to limit the use/disclosure of materials submitted to the Court for substantive purposes. Counsel should review my standing order.
Q13: Under what
circumstances
would you consider a bifurcation of discovery
?
A13: See above.
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: This will vary, depending on the
type of case. Parties should be prepared to address the
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: N/A.
Q16: Do you typically hold
hearing on discovery motions?
A16: I hold hearings on discovery if I have open-questions after reviewing the parties' submissions. In many cases, I encourage or require the parties to extend their conferral, as required by Local Rule 37.1, to include an informal conference under my direct supervision, in order to narrow disputes and/or to identify issues that require decision based on formal motion practice.
Q17: Please describe your
general practice regarding the resolution of
disovery motions.
A17: When the parties are reasonably
collegial, I will explore whether there are over-arching
principles that -- if adopted
by the Court -- will enable the parties to complete the
line-drawing process on their own.
Q18: Under what
circumstances
will you consider emergency motions regarding
discovery matters/
A18: I have invited parties to contact
my Courtroom deputy to arrange a brief telephone or zoom
hearing to resolve issues
that might otherwise create a bottleneck in completing
discovery.
Q19: Do you have any
particular
practices or requirements about expert
disclosures?
A19: N/A.
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 invite the parties to propose expert discovery deadlines
at the outset.
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 am somewhat less likely to
schedule argument on purely legal issues with a pro se
litigant.
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: No.
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.
Q24: Do you typically allow
reply briefs and/or surreply briefs?
A24: Yes, Reply Briefs: 12 pages
maximum, 7 days after opposition.
Surreply: I will entertain a motion for leave to file, which
should attach the proposed submission.
Q25: If you allow reply
and/or
surreply briefs, do you impose a page
limit?
A25: See above..
Q26: Do you typically hold
a
hearing on motions to dismiss?
A26: Usually.
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: I am generally seeking answers to
specific questions arising from the papers.
Q29: Under what, if any,
circumstances, would you allow the filing of
post-argument briefs?
A29: When I have open questions that
need follow up, I will ask for supplemental briefing.
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:
Respondent skipped this
question
Civil Mediation
Q33: If you have any
particular
practices or preferences in regard to
submissions before a mediation, please describe them.
A33:I have a standard pre-mediation
order which prescribes the submissions I expect. Parties
should read the order carefully
and comply with all parts of the order.
Q34: Do you have a standard
pre-mediation order for the parties? If so,
please attach it here.
A34:
Sample
Mediation Order
Q35: If you have any
particular
practices or preferences in regard to
conducting a mediation, please describe them here.
A35: I have a strong preference for in person mediation. I generally discourage "trial-type" opening statements.
Q36: Do you require the
party/parties to be present or available during a
mediation?
A36: I generally require the parties to
be present for mediation.
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: N/A.
Q38: Typically, at what
point,
will you refer a criminal case back to the
district judge?
A38:
Respondent skipped this
question.
Q39: Do you have any
particular
practices as to scheduling in criminal
cases? If so, please describe them.
A39: I will generally postpone/cancel an interim status conference at the parties' joint request, provided the parties submit a joint status report with a clear update on the progress of the case, and planned next steps, in the matter. Any request to postpone/cancel MUST include a representation that all parties agree to exclude time until the next conference.
General Trial Practice - Pretrial Matters
Q40: Do you require the
filing
of a trial brief?
A40:
Respondent skipped this
question.
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:
Respondent skipped this
question.
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:
Respondent skipped this
question.
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:
Respondent skipped this
question.
Q45: Do you set a page
limit
for motions in limine? If so, what is it?
A45:
Respondent skipped this
question.
Q46: Do you typically hear
motions in limine at the final pretrial
conference?
A46:
Respondent skipped this
question.
Q47: Do you typically
resolve
motions in limine at the final pretrial
conference?
A47:
Respondent skipped this
question.
Q48: Do you typically hear
and/or resolve Daubert motions at the final
pretrial conference?
A48:
Respondent skipped this question.
Q49: Do you require the
parties
to provide a courtesy copy of trial
exhibits
to the Court before trial?
A49:
Respondent skipped this
question.
Q50: If courtesy copies of
trial exhibits are required, when do you require
them?
A50:
Respondent skipped this question.
Q51: If courtesy copies of
trial exhibits are required, what particular
form
is required?
A51:
Respondent skipped this
question.
Q52: Do you require trial
exhibits to be pre-marked? If so, please describe
your practice?
A52:
Respondent skipped this
question.
General Trial Practice - Scheduling Trials
Q53: Typically, when do you
set
a trial date in civil cases?
A53:
Respondent skipped this
question.
Q54: What is your typical
trial
schedule?
A54:
Respondent skipped this
question.
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:
Respondent skipped this question.
General Trial Practice - Jury Selection
Q56: Please describe your
jury
selection process.
A56:
Respondent skipped this
question.
Q57: Under what
circumstances,
if any, have you or would you consider using
a juror questionnaire?
A57:
Respondent skipped this
question.
Q58: If you would consider
the
use of a jury questionnaire, when and in
what
form should it be proposed?
A58:
Respondent skipped this
question.
Q59: Have you or would you
consider allowing attorney voir dire?
A59:
Respondent skipped this
question.
Q60: In civil trials,
typically
what number of jurors do you seat?
A60:
Respondent skipped this
question.
General Trial Practice - Trial Practices
Q61: Do you require counsel
to
use the podium during openings, examination
of witnesses and/or closings?
A61:
Respondent skipped this
question.
Q62: How many rounds of
examination do you typically allow?
A62:
Respondent skipped this question.
Q63: Under what, if any,
circumstances, will you allow a rebuttal case?
A63:
Respondent skipped this question.
Q64: Do you have any
preferences about the use of chalks during openings
and
closings?
A64:
Respondent skipped this
question.
Q65: Do you have any
particular
practice in regard to jury charge
conferences? If so, please describe it.
A65:
Respondent skipped this
question.
Q66: Do you provide a
written
copy of your jury charge to the jury?
A66:
Respondent skipped this
question.
Q67: Will you consider
counsel's proposals of a special verdict form? If
so,
should it be in any particular format?
A67:
Respondent skipped this
question.
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:
Respondent skipped this
question.
Q69: If you have any
particular
practices as to bench trials, please
describe them.
A69:
Respondent skipped this question.
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:
Respondent skipped this question.
Post-Pandemic Practices
Q74: As of Fall 2022, are
there
any case events that you routinely conduct via Zoom in
civil
cases? If so, what are they?
A74:
Status Conferences are commonly conducted via Zoom.
Q75: As of Fall 2022, are
there
any case events that you routinely conduct via Zoom in
criminal cases? If so, what are they?
A75:
At request of Defendant, an Arraignment for a case in which
there was previously an initial appearance may be conducted
by Zoom.
Q76: 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?
A76:
I will entertain requests for Zoom hearings when either
safety or cost considerations warrant.
