JUDGE JEFFREY M. BRYAN
Practice Pointers and Preferences
I. General
A. Parties, attorneys, and their staff shall contact Judge Bryan’s chambers through
his Courtroom Deputy at
[email protected]. Parties
should not contact Judge Bryan’s law clerks about any case-specific matters.
B. The Court will deny requests, strike pleadings, and disregard documents that
do not comply with the Practices Pointers and Preferences set forth below.
C. Please note that some of the Practice Pointers and Preferences set forth below
depart from certain practices and procedures required by the Local Rules.
D. Judge Bryan is happily married to an attorney, Liz Kramer, and will recuse
from cases in which she represents a party or in which there is some other
ethical conflict as a result of his relationship with her.
II. Scheduling and Filing Civil Motions
A. Judge Bryan follows and enforces the deadlines for the response and reply
briefs established in Local Rule 7.1, except as noted below. Motions to alter
the deadlines for response and reply briefs are strongly discouraged and will
be denied absent exceptional circumstances. Likewise, requests to enlarge
the word limit set forth in Local Rule 7.1(f) are disfavored.
B. Parties wishing to file a dispositive motion must follow these procedures:
1. The moving party must first email Judge Bryan’s Courtroom Deputy,
copying opposing counsel, to request a hearing date. Because it can
take a few days to determine the most convenient date for any
necessary hearing, the moving party should contact the Courtroom
Deputy no less than 10 days before any deadline for filing the motion.
2. When contacting chambers, parties shall advise the Courtroom Deputy
of the following: (1) the nature of the motion to be filed; (2) whether
there are any other motions pending in the case and in any related
cases; (3) if the party intends to file a summary judgment motion, the
party must ascertain whether any other party intends to bring a cross-
motion and inform the Courtroom Deputy accordingly; (4) whether
the party requests the motion be decided without a hearing; and (5) any
additional information the Courtroom Deputy would need to have
when scheduling the filing date and the hearing date.
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3. The Courtroom Deputy will provide the moving party with two
important dates: (1) a date for filing the motion and brief in support of
the motion, which is typically 49 days prior to the motion hearing; and
(2) a date for the motion hearing. The Courtroom Deputy will offer
available options for the motion hearing date, and the parties shall
confer amongst themselves regarding these options and jointly advise
the Courtroom Deputy which option or options they jointly prefer.
4. Parties must file the notice of hearing and the meet-and-confer
statement separately from the other motion documents listed in Local
Rule 7.1(c)(1); those two documents can be filed at any time after the
Courtroom Deputy provides the moving party with the filing date and
the hearing date. Filing of the notice of hearing and the meet-and-
confer statement will satisfy the deadline for a motion that is set forth
either by the Federal Rules of Civil Procedure or a pretrial scheduling
order.
5. The moving party shall file the remaining supporting documents
listed in Local Rule 7.1(c)(1) on the filing date provided by the
Courtroom Deputy. Parties need not email editable copies of proposed
orders unless directed to do so by the Courtroom Deputy.
C. Parties wishing to file a motion for summary judgment prior to the close of
discovery must request permission to do so by emailing Judge Bryan’s
Courtroom Deputy. If the Court grants the request, the Courtroom Deputy
will notify the party of a filing date and the Court will schedule a hearing in
accordance with the procedures set forth above.
D. Parties wishing to file Daubert motions should understand that there are
generally two types of Daubert motions.
1. One type of Daubert motion can, if successful, eliminate a claim or a
defense. These should be brought simultaneously with the
corresponding summary judgment or other dispositive motion.
Further, this type of Daubert motion and the corresponding dispositive
motion are treated as a single motion for purposes of the word limit
set forth in Local Rule 7.1(f). If a party seeks to file multiple Daubert
motions, they will be treated, together with the dispositive motion, as
a single motion for purposes of the word limit set forth in Local Rule
7.1(f).
2. The other type of Daubert motion would not eliminate a claim or a
defense. These should be brought as a motion in limine in accordance
with the trial order.
E. Parties wishing to file a motion for expedited injunctive relief under Federal
Rule of Civil Procedure 65 and Local Rule 7.1(d) must first file and serve the
motion, and thereafter email Judge Bryan’s Courtroom Deputy.
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1. The Court will strike motions that fail to: (1) specify in the title and
text of the motion whether the motion is brought under Rule 65(a) or
Rule 65(b); (2) indicate in the body of the motion whether the moving
party seeks to present witness testimony at an evidentiary hearing;
(3) include a detailed list of all relief requested; (4) provide citation to
supporting facts in the record (submitted either by verified complaint
or affidavit).
2. In the post-filing email to Judge Bryan’s Courtroom Deputy, the
moving party must provide complete contact information for all other
parties.
3. After the motion is filed, the Court will review the motion to determine
the following: (1) whether the motion falls under Rule 65(a) or Rule
65(b); (2) a briefing and hearing schedule; and (3) whether to permit
live testimony at any scheduled hearings.
4. In some cases, the Court will also require the parties to conduct an
expedited conference with the assigned Magistrate Judge to discuss
the requested relief and potential interim relief.
F. Parties seeking to file consent judgments and consent decrees should
understand that these types of orders are not necessary in most civil disputes
between private parties. Rather, they are properly utilized when the Court
has cause to retain a role in the execution of a settlement agreement, such as
when the settled disputes involve important matters of public interest.
Proposed consent decrees and consent judgment should be accompanied by
legal authority and argument establishing the consent judgment’s fairness,
reasonableness, and consistency with governing law.
III. Written Submissions in All Cases
A. Unless otherwise directed, Judge Bryan does not require courtesy copies of
motion filings unless specifically requested. Judge Bryan may request
courtesy copies when briefing is extensive and/or is accompanied by
voluminous exhibits.
B. Requests to enlarge page- or word-count limits must be made in the form of
a motion filed on ECF. Such requests must be made at least 7 days in advance
of a filing deadline. As noted above, such requests are disfavored.
C. When submitting depositions or other transcripts as exhibits to a filing,
parties shall file complete transcripts.
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D. If exhibits are attached to a filing, each exhibit shall be filed separately as an
attachment to the filing on ECF. Please do not file multiple exhibits as a
single attachment.
IV. In-Person Court Proceedings
A. Be on time. Please try to arrive at least 15 minutes prior to the scheduled
hearing.
B. Judge Bryan typically provides each side with 15 minutes for oral argument
on motions. If multiple motions will be heard in one hearing, the Court may
adjust its standard time allotment. Parties seeking additional time should
request permission for an extended argument by emailing the Courtroom
Deputy at least 7 days in advance of the hearing.
C. Case law not in the briefing but presented at or after a hearing must be
furnished to opposing counsel prior to submission to the Court.
D. If a party intends to rely on presentation slides or other visual aids during a
hearing or at trial, the party shall provide one electronic copy of the materials
to opposing counsel at least 7 days in advance of the hearing. In addition, the
party shall provide a courtesy copy of the materials to the Court at least 7
days in advance of the hearing by emailing the Courtroom Deputy and
attaching any materials in pdf format.
E. Please become familiar with courtroom technology before using it. More
information can be found at https://www.mnd.uscourts.gov/courtroom-
technology. To ensure adequate preparation, parties may email the
Courtroom Deputy and request time to use the courtroom in advance of the
proceeding.
F. Judge Bryan encourages parties to find opportunities for newer attorneys to
present at motion hearings and during trial. To accommodate this preferred
practice, Judge Bryan will allow for bifurcated arguments and for more
experienced attorneys to provide assistance to newer attorneys during their
presentations to the Court.
V. Criminal Proceedings
A. Attorneys of record for the Government are responsible for ensuring
prosecutions are brought to trial in compliance with the requirements of the
Speedy Trial Act.
B. Attorneys of record for the Government are expected to file any discovery
motions as soon as possible after initial appearance.
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C. In all criminal cases, the parties must meet and confer after resolution of all
dispositive pretrial motions, whether resolved by court order or by attorney
notice of decision to withdraw or not to file any dispositive pretrial motions.
1. Within 7 days of resolution of these pretrial matters, the Government
must file one of the following two documents: (1) a joint motion for
exclusion of time, with accompanying statement of reasons; or (2) a
status letter confirming that the parties are in agreement that no
exclusion of time is necessary, that they will be prepared for trial as
currently scheduled, and indicating the estimated length of the trial.
2. In the event that the parties do not reach an agreement concerning
whether an exclusion of time is proper, the party requesting the
exclusion of time shall file a motion for exclusion of time with
accompanying statement of reasons within 7 days of the resolution of
pretrial motions.
D. If the parties reach a plea agreement, they shall contact the Courtroom Deputy
by email, attaching a draft written plea agreement and requesting a date for the
change of plea hearing. Disagreements as to the applicability of a basis to
depart from the Guidelines range and disagreements concerning the
calculation of the applicable Guidelines range should be noted in the written
plea agreement.
E. In the event that a defendant wishes to plead guilty, but the parties are not able
to memorialize the agreement in writing, the parties must request a status
conference before scheduling the change of plea hearing. In addition, prior to
the status conference, attorneys of record for the Government shall file a
Statement of the Case, which shall include the following: (1) a statement of
facts setting forth the factual basis underlying each essential element of the
offense; (2) a separate statement of facts concerning any facts necessary for
determination of the applicable Guidelines sentence, but not necessary to
establish the essential elements of the offense; (3) a detailed explanation of the
parties’ respective positions concerning calculation of the applicable
Guidelines range; and (4) if the defendant is not pleading guilty to every count
in the indictment, the Government’s position on whether it will move to
dismiss these remaining counts at the sentencing hearing.
F. In advance of sentencing, Judge Bryan requires the parties to depart from
certain aspects of D. Minn. Local Rule 83.10. Promptly after the filing of the
final presentence report, parties should reach out to Judge Bryan’s Courtroom
Deputy to schedule the sentencing hearing. The parties shall file and serve
their Positions Regarding Sentencing at least 14 days before the date of the
sentencing hearing. In the event that a party believes a contested evidentiary
hearing is necessary, that party shall file and serve a motion for such a hearing
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within 14 days of the date of filing of the final presentence report. All other
aspects of Local Rule 83.10 remain in effect.
G. Parties preparing for a sentencing hearing shall notify the Courtroom Deputy
prior to the sentencing hearing if they anticipate presentation of witness
testimony or if any victims plan to address the Court at the hearing.
H. Judge Bryan typically meets with the probation officer 15 minutes prior to
sentencing hearings and occasionally will conduct a brief status conference
with the attorneys in chambers prior to the sentencing hearing.
I. The Court prefers that all proposed conditions of supervised release be
provided to the defendant in advance of the sentencing hearing. Counsel for
the defendant must review these proposed conditions with the defendant prior
to the sentencing hearing. Should the defendant choose to waive any right
the defendant may have to being advised of each and every condition of
supervised release on the record at the sentencing hearing, the Court will
proceed by waiver and forego reading the conditions of supervised release
into the record.
VI. Trial
A. In criminal cases, Judge Bryan will issue a trial notice that provides detailed
instructions and deadlines approximately four weeks prior to the start of trial.
B. In civil cases, Judge Bryan will issue a trial notice that provides detailed
instructions and deadlines approximately five months prior to the start of the
trial.
C. Judge Bryan will typically rule on motions in limine after the pretrial
conference. Parties may request that Judge Bryan address particular motions
in limine separately or prior to the pretrial conference, especially when those
motions would alter the time and expense of trial preparation.
D. Parties are required to meet and confer in advance of trial in order to jointly
submit proposed trial documents and stipulate to the admission of as many
exhibits as possible.
E. Attorneys must seek and obtain written permission from Judge Bryan if they
wish to contact jurors after trial.
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