UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
CHAMBERS OF CLARKSON S. FISHER FEDERAL BUILDING
& U.S. COURTHOUSE
J. BRENDAN DAY 402 EAST STATE STREET
UNITED STATES MAGISTRATE JUDGE TRENTON, NEW JERSEY 08608
(609) 989-2114
CASE MANAGEMENT ORDER
This case management order governs civil matters assigned to
Magistrate Judge J. Brendan Day.
1. Communications with the Court. Unless directed by the Court or
permitted by this Order, all communications with the Court shall be in writing and
filed via CM/ECF. Telephone calls to chambers will be permitted only as to
administrative and procedural matters. Letters filed via CM/ECF should be filed
with a brief description in the docket entry summarizing the nature of the letter
(E.g., “Letter from Defendant Requesting Adjournment of Telephone Conference”;
“Letter from Plaintiff Regarding Discovery Dispute”; etc.)
2. Adjournments and Extensions. Requests for adjournments and
extensions should be made in writing through a letter request filed via CM/ECF.
The party seeking an adjournment or extension should attempt to obtain the
consent of all other parties before filing the request. The letter request should set
forth the date of the conference/hearing or relevant deadline; the basis for the
request; whether all parties consent to or oppose the request; the length of the
adjournment or extension sought; and whether the request, if granted, would
impact other scheduled dates or deadlines. Absent exigent circumstances, the
Court will consider adjournment and extension requests only if made at
least two (2) business days before a scheduled conference or deadline.
3. Courtesy Copies. Unless specifically requested by the Court or
otherwise required by this Order, courtesy copies of filed or submitted papers
should not be mailed, emailed, or faxed to chambers.
4. Formal Motions. Other than (i) motions filed under Federal Rule of
Civil Procedure 12, (ii) motions to remand within the time provided by 28 U.S.C.
§ 1447(c), (iii) motions to amend a pleading; and (iv) motions expressly
permitted by this Order, formal motions shall not be filed without prior leave
of Court.
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5. Discovery Disputes. Discovery disputes and other case-
management applications shall proceed in accordance with Local Civil
Rules 16.1(f)(1) and 37.1(a)(1). Consistent with their obligation under the rules,
the parties shall meet and confer in good faith to resolve any discovery disputes
before raising them with the Court. Email exchanges are not sufficient to satisfy
the meet-and-confer requirement: Before raising a dispute with the Court, the
parties must meet and confer in person, via video-conference, or by telephone.
Should counsel fail in their good-faith efforts to resolve the dispute, the matter
should be brought to the Court’s attention through a single joint letter that sets
forth the following: (i) the request; (ii) the response; (iii) efforts to resolve the
dispute; (iv) the position of the complaining party; (v) the position of the
responding party; and (vi) if applicable, the efforts of a party to contact a non-
responsive party to meet and confer and submit the joint letter. No further letter
submissions regarding the dispute may be submitted without prior leave of
Court. The joint letter should be filed via CM/ECF unless it contains information
subject to a discovery confidentiality order, in which case it may be submitted to
chambers via email to
[email protected].
6. Motions to Amend. Motions to amend a pleading must comply with
Local Civil Rule 15.1. Pursuant to the rule, such motions must include as an
exhibit a black- or red-lined proposed amended pleading that clearly indicates the
proposed changes. Failure to do so may result in administrative termination
of the motion. Motions to amend shall not require leave of Court.
7. Motions to Seal. Motions to seal must comply in all respects with
Local Civil Rule 5.3(c) and must include a proposed order that includes findings of
fact and conclusions of law, and which includes references to the docket entries
that are the subject of the motion. Contemporaneously with the motion, counsel
should submit to the Court, via email to
[email protected], any
proposed redacted documents to be filed if the motion is granted. Counsel shall
make every effort to secure the consent of all parties regarding the request to seal
and the movant shall certify as to whether all parties consent in its application.
Parties may file a motion to seal without obtaining leave of Court.
8. Confidentiality Orders. The parties are strongly encouraged to use
the form discovery confidentiality order found at Appendix S of the Local Civil
Rules. If the parties submit their own version of a confidentiality order that
differs from the form order found at Appendix S, they must submit: (i) a clean
version of the proposed order that is ready for signature; and (ii) an additional
version that clearly indicates, via redline or otherwise, in what respect(s) it differs
from the form order.
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9. Confidential Submissions. Confidential settlement submissions
and discovery dispute letters containing information subject to a confidentiality
order should be submitted to the Court via email to
[email protected].
10. Pro hac vice Applications. Requests for pro hac vice admission
should be made by motion filed via CM/ECF. The application shall comply with
Local Civil Rule 101.1(c) and include a proposed form of order. The applicant shall
set forth whether all parties consent to the application. Any party opposing an
application for pro hac vice admission must, within two (2) business days of the
filing of the initial application, file a letter via CM/ECF setting forth the basis for
the opposition. Parties may file a motion for pro hac vice admission without
obtaining leave of Court.
11. Settlement Conferences. Trial counsel as well as individuals with
full settlement authority must appear at settlement conferences unless the Court
has granted prior permission to participate by telephone. No later than
five (5) business days before the settlement conference, each party shall submit to
the Court via email to
[email protected] a confidential settlement
submission of no more than five (5) single-spaced pages (exclusive of any exhibits).
The settlement submission should outline the party’s respective position(s);
identify information on what is important to the client and any barriers to
settlement; identify the contemplated terms material to a settlement; and set forth
any demands and offers made to date.
12. Final Pretrial Conferences. The Court shall conduct final pretrial
conferences pursuant to Federal Rule of Civil Procedure 16(e). The Court expects
to engage in meaningful settlement discussions at final pretrial conferences.
Therefore, trial counsel as well as individuals with full settlement authority must
attend the conferences, unless prior permission has been granted to participate by
telephone. The final pretrial conference will proceed even if there are dispositive
motions pending. No later than three (3) weeks before the Final Pretrial
Conference, the parties shall submit the joint proposed final pretrial order via
email to
[email protected], and shall provide one (1) courtesy copy by
mail to chambers.
s/ J. Brendan Day
J. BRENDAN DAY
UNITED STATES MAGISTRATE JUDGE
JANUARY 2025
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