Judge Kenneth P. Neiman
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Judges
Neiman, Kenneth P.
Federal Judicial Service
Magistrate Judge, U.S. District Court, District of Massachusetts. Chief Magistrate
Judge, 2006 - 2009. Retired January 5, 2015.
On recall status since January 6, 2015 (concentrating on mediation)
First appointed to the Court January 5, 1995.
Education
Tufts University, B.A., 1967
Harvard Law School, J.D., 1971
Courthouse
Springfield Courthouse
United States Courthouse
300 State Street, Suite 120
Springfield, Massachusetts 01105
Courtroom
Hampden Courtroom
United States Courthouse -
Springfield, MA
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Staff
Standing
Orders
Judicial Forum
Survey
Staff
Chambers Procedures/Standing Orders/Sample Orders
Chambers
Procedures - Consent Procedures
Standing
Order
Attorneys
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:
Respondent skipped this question.
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:
Respondent skipped this question.
Q4: What, if any, inquiries do
you make about settlement prospects and/or
interest in mediation at the initial scheduling conference?
A4:
Respondent skipped this question.
Q5: What, if any inquiries do
you make about the liklihood of trial at the
initial scheduling conference?
A5:
Respondent skipped this question.
Q6: What schedule do you set at
the initial scheduling conference?
A6:
Respondent skipped this question.
Q7: After the initial
scheduling conference, do you hold status
conferences?
A7:
Respondent skipped this question.
Q8: If so, when do you hold
status conferences?
A8:
Respondent skipped this question.
Q9: If so, what issues do you
address at status conferences?
A9:
Respondent skipped this question.
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:
Respondent skipped this question.
Q11: What, if any, issues
related to electronically stored information
should counsel be prepared to address at the initial
scheduling conference?
A11:
Respondent skipped this question.
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:
Respondent skipped this question.
Q13: Under what circumstances
would you consider a bifurcation of discovery
?
A13:
Respondent skipped this question.
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:
Respondent skipped this question.
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:
Respondent skipped this question.
Q16: Do you typically hold
hearing on discovery motions?
A16:
Respondent skipped this question.
Q17: Please describe your
general practice regarding the resolution of
disovery motions.
A17:
Respondent skipped this question.
Q18: Under what circumstances
will you consider emergency motions regarding
discovery matters?
A18:
Respondent skipped this question.
Q19: Do you have any particular
practices or requirements about expert
disclosures?
A19:
Respondent skipped this question.
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:
Respondent skipped this question.
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:
Respondent skipped this question.
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:
Respondent skipped this question.
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:
Respondent skipped this question.
Q24: Do you typically allow
reply briefs and/or surreply briefs?
A24:
Respondent skipped this question.
Q25: If you allow reply and/or
surreply briefs, do you impose a page
limit?
A25:
Respondent skipped this question.
Q26: Do you typically hold a
hearing on motions to dismiss?
A26:
Respondent skipped this question.
Q27: Do you typically hold a
hearing on summary judgment motions?
A27:
Respondent skipped this question.
Q28: If you typically hold
hearings on dispositive motions, what, if any,
time limits do you impose on counsel for their arguments?
A28:
Respondent skipped this question.
Q29: Under what, if any,
circumstances, would you allow the filing of
post-argument briefs?
A29:
Respondent skipped this question.
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:
Respondent skipped this question.
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
issue a mediation order which asks each side to submit a
memorandum (to me alone) of no more than four pages
which addresses certain questions: the main issues in the case,
the strengths and weaknesses of the
respective
parties' positions, the history of settlement negotiations, and
the settlement that the party is seeking
and/or
would be satisfied to enter. The memorandum is due approximately
five days before the mediation.
Q34: Do you have a standard
pre-mediation order for the parties? If so,
please attache it here.
A34: Yes.
Pre-Mediation
Order
Q35: If you have any particular
practices or preferences in regard to
conducting a mediation, please describe them here.
A35: I
meet jointly with the parties/counsel and explore as much as can
be done and placed on the table. I inquire
as
to each side's understanding of the last demand/offer which had
been made. I indicate to the parties that
I'm
not interested in hearing their bottom/top lines. When
appropriate, I then proceed to shuttle between the
parties exchanging offers/demands and, invariably, additional
thoughts.
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. This is
certainly my preference, although on
occasion I
will allow someone to participate by telephone.
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:
Respondent skipped this question.
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:
Respondent skipped this question.
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.
