HONORABLE CAROLINE GOLDNER CINQUANTO
United States Magistrate Judge
3006 U.S. Courthouse
601 Market Street
Philadelphia, Pennsylvania 19106
(267) 299-7750
Deputy Clerk: Jeffrey Lucini
[email protected]
MAGISTRATE JUDGE ASSIGNMENT
Senior Judge John R. Padova
Senior Judge Michael M. Baylson
District Judge Gerald J. Pappert
JUDGE GOLDNER CINQUANTO’S
POLICIES AND PROCEDURES 1
I. GENERAL MATTERS
A. Correspondence with the Court
Judge Goldner Cinquanto permits correspondence from counsel on any matters, so
long as all other counsel or unrepresented parties are sent copies of such correspondence.
B. Communications With Law Clerks
Judge Goldner Cinquanto permits communications from counsel, both written and
oral, with her law clerks on procedural matters only. Parties who are pro se (do not have
counsel) may only communicate by mail or email to the chambers address above, unless
otherwise directed.
C. Extensions or Continuances
Parties are expected to adhere to all deadlines that the Court has implemented by
scheduling order or that are otherwise established by rule or statute absent a compelling
reason to justify a change.
1 Counsel shall also familiarize themselves with and comply with the Eastern District
of Pennsylvania’s Local Rules and Standing and Administrative Orders, which are available
on the Court’s website (https://www.paed.uscourts.gov/).
If a party believes a compelling reason exists for an extension or a continuance, Counsel
shall request a new deadline or date in advance of the originally scheduled date via email
(to Chambers_of_Magistrate_Judge_
[email protected]). The request
shall describe the basis for the request in detail, state whether all other parties agree or
disagree with the request, and identify a suggested new deadline(s) or date(s).
II. SETTLEMENT CONFERENCES
When a case is referred to Judge Goldner Cinquanto for settlement purposes, counsel
shall contact chambers to schedule a settlement conference in compliance with the district
judge’s referral order.
Chambers_of_Magistrate_Judge_
[email protected]
Before the Conference—
Plaintiff(s) must make an updated, precise, and specific written settlement demand,
inclusive of all attorney’s fees, costs, and damages, at least three weeks before a scheduled
settlement conference.
Defendant(s) must make an updated, precise, and specific written settlement offer at
least two weeks before the conference.
If settlement is not a real possibility (e.g., if the defendant will not make an offer or
will offer only nuisance value), counsel shall notify the Court (jointly or individually) by a
call or email to request a brief video conference regarding the lack of settlement possibility
at least one week before the scheduled settlement conference.
If requested by counsel, with no opposition, Judge Goldner Cinquanto is available
for ex parte video conferences before the settlement conference. Please contact chambers to
arrange any pre-conference video call.
Counsel for all parties must submit a confidential settlement summary and case
synopsis via email (to
[email protected]
.gov) two weeks before the conference. The case synopsis should be no more than five-
pages in length. An example settlement summary is attached.
The synopsis should attach key summary expert reports, policy language excerpts,
photographs, sketches, diagrams, charts, etc., to the conference memos. Judge Goldner
Cinquanto will review them. Please attach only those excerpts which are most relevant to
the claims at issue. Relevant portions must be delineated. Attachments should be no more
than 30 pages and should be separated with labeled divider pages. Judge Goldner
Cinquanto may require parties to provide hard copies of lengthy materials.
In addition, the synopsis should address whether there are any outstanding lien
holders or other third parties who should be invited to participate in the settlement
conference.
Counsel for all parties should prepare their clients for the conference. Judge Goldner
Cinquanto will speak to them directly.
At the Conference—
Judge Goldner Cinquanto requires a principal for each party with an interest in the
case who has full and complete settlement authority (i.e., authority consistent with the most
recent demand) to be present (either on the Zoom, or in person, as applicable) for the entire
duration of the conference. If a party requires approval by an insurer to settle, a
representative of the insurer with full and complete settlement authority consistent with the
most recent demand must be present in addition to the relevant party principal. 2
Judge Goldner Cinquanto expects counsel to:
• Be prepared to discuss the weaknesses, as well as the strengths, of their case.
• Be prepared to discuss factual and legal points of agreement and
disagreement.
• Be prepared to discuss any impediments to settlement, whether legal,
financial, or emotional.
• Be prepared to be present for the entire day (with their client(s)) for as long as
needed to make substantial progress towards a mutually agreeable resolution.
• Organize and bring critical evidence (policy language, photographs, sketches,
diagrams, charts, etc.) to the conference. Judge Goldner Cinquanto may want
to see them.
• Be patient. Settlement is a process. It takes time.
• Be flexible. Avoid bottom lines or top numbers.
• Be creative.
2 Having a client with settlement authority available by telephone is not an acceptable
alternative unless compelling circumstances exist and there is prior approval from Judge
Goldner Cinquanto (e.g., client is located in another state at the time of the conference). If a
conference must be adjourned or continued to allow a party to obtain additional authority
up to the most recent demand, that party may incur sanctions, including, but not limited to,
payment of the opposing party’s attorney’s fees resulting from a need to reconvene.
• Manage their client’s expectations.
• Manage their own expectations.
III. CIVIL CONSENT CASES
A. Scheduling Conferences
After the consent of the parties and a referral of a case for trial, Judge Goldner
Cinquanto will hold a scheduling conference. At that time, deadlines will be set and the case
listed for trial. An example of a scheduling order is attached.
If a Rule 26(f) report is not already on the docket when a case is assigned to Judge
Goldner Cinquanto, the parties shall submit a copy of their Rule 26(f) report via email (to
[email protected]) at least five days
before the scheduled conference.
B. Discovery Conferences and Dispute Resolution
Discovery must be proportional to the needs of the case. Counsel for all parties are
strongly encouraged to resolve any discovery disputes on their own. Judge Goldner
Cinquanto will not entertain a request for judicial intervention if parties or their counsel
have exchanged emails or other correspondence but have not made a good faith effort to
speak to each other by telephone or video conference regarding a discovery dispute.
If a party still requires Court intervention in a discovery dispute after making good
faith efforts to communicate with an opposing party, the requesting party shall email
[email protected] to request a
telephone conference before filing any discovery motion on the docket. The request shall: (1)
describe the parties’ prior efforts to resolve their dispute in detail; (2) summarize the matters
in dispute; and (3) attach any information relevant to Judge Goldner Cinquanto’s
consideration of the dispute.
Parties are reminded that Federal Rule of Civil Procedure 37 requires parties who file
discovery motions to certify “that the movant has in good faith conferred or attempted to
confer with the person or party failing to make disclosure or discovery in an effort to obtain
it without court action.” Fed. R. Civ. P. 37(a)(1). Rule 26.1(f) of the Eastern District of
Pennsylvania Local Rules of Civil Procedure also requires discovery motions to include “a
certification of counsel that the parties, after reasonable effort, are unable to resolve the
dispute.” E.D. Pa. Local R. Civ. P. 26.1(f).
C. Confidentiality Agreements and Protective Orders
Public policy favors transparency in judicial proceedings. See Pansy v. Borough of
Stroudsburg, 23 F.3d 772, 784 (3d Cir. 1994).
Federal Rule of Civil Procedure 26(c) requires parties to confer and attempt to reach
an agreement regarding the confidentiality of discovery materials before seeking Court
intervention. Parties have “the option of agreeing privately to keep information concerning
settlement confidential and may enforce such an agreement in a separate contract action.”
Id. at 788–89. If parties who form a mutually acceptable confidentiality agreement want a
Court order to memorialize their agreement, they must make a formal motion. Judge
Goldner Cinquanto will not accept stipulated proposed orders in lieu of a motion.
As Federal Rule of Civil Procedure 26(c) requires, a motion seeking a protective order
must explain why there is good cause for the Court to issue the order. Id. at 786; see In re
Avandia Mktg., Sales Pracs. & Prod. Liab. Litig., 924 F.3d 662, 671 (3d Cir. 2019) (setting forth
factors courts may consider in determining whether good cause exists); Glenmede Trust Co.
v. Thompson, 56 F.3d 476, 483 (3d Cir. 1995) (cautioning that “[b]road allegations of harm,
unsubstantiated by specific examples, . . . will not suffice”). A proposed order attached to
the motion must itself also state the reasons good cause exists and state that the private
interests in nondisclosure outweigh the public interests in disclosure.
In cases involving large scale discovery, Judge Goldner Cinquanto will consider
motions to approve protective orders that protect discovery materials on a categorical basis
so long as each protected category is reasonably well defined. If a party later challenges such
an order, the party seeking to maintain protection over the materials will bear the burden of
justifying those materials’ continued protection on an item-by-item basis. See Avandia, 924
F.3d at 671 n.5.
Judge Goldner Cinquanto will not approve any protective order unless it contains
language providing that “the Court reserves its inherent power to modify the terms of this
agreement and permit the disclosure of information where the interest of justice so
requires.” Also, Judge Goldner Cinquanto will not approve a protective order containing
language that gives the parties discretion to file materials under seal without the Court’s
prior and specific approval.
D. Use of Generative Artificial Intelligence
Any attorney for a party or any pro se party who uses generative artificial intelligence
(“A.I.”) to prepare any complaint, answer, motion, brief, or other paper filed with the Court
in a matter assigned to Judge Goldner Cinquanto shall: (1) disclose that generative artificial
intelligence was used to prepare the filing; (2) identify precisely what portion or portions of
the document contain the generated content; (3) identify the specific tool used and how it
was used; and (4) certify that each and every citation to the law or the record in the filing
was verified as accurate in accordance with the obligations set forth in Rule 11 of the Federal
Rules of Civil Procedure. Failure to comply with this policy may result in consequences
such as referral to the appropriate state bar, monetary sanctions, or any other sanction the
Court deems appropriate.
E. Motion Practice
Motion practice is governed by Eastern District of Pennsylvania Local Rule of Civil
Procedure 7.1 except as described elsewhere in these Practices and Procedures, the Local
Rules and applicable Standing Orders, or, as relevant, the Supplemental Rules for Social
Security Actions under 42 U.S.C. § 405(g), or the Rules Governing Section 2254 Cases in the
United States District Courts.
1. Every assertion of fact in a memorandum must be supported by a citation to
the record where that fact may be found. Both legal citations and citations to
the record must include pinpoint cites.
2. Memoranda must not exceed 30 pages in length (excluding table of contents
and appendices), must be double spaced, and must use 12-point font.
Memoranda over 15 pages in length must include a table of contents and table
of authorities.
3. Rule 56 Motions: Summary judgment practice must comply with Local Rule
7.1 and the following requirements:
a. Joint Appendix: A party who plans to file a motion for summary
judgment must meet and confer with all other parties and develop a
single, joint appendix of all exhibits that may be referenced in their
respective memoranda. All pages of the joint appendix must be
consecutively numbered with an appendix page number. Page
references in the memoranda must be to the appendix page number,
not internal document page numbers. The joint appendix must include
a table of contents. The joint appendix must be filed by the movant no
later than the date the initial motion for summary judgment is
docketed.
If unusual circumstances make it necessary for a party to supplement
the joint appendix, the party must move for permission to file a
supplemental joint appendix. The supplemental joint appendix must
contain the original appendix, add the supplemental materials at the
end, continue the appendix page numbering, and provide an updated
table of contents. Judge Goldner Cinquanto will not consider evidence
not included in the joint appendix.
b. Statements of Fact: At the same time as its motion for summary
judgment, the moving party must also file a separate Statement of Facts
(the “Statement”) containing a numbered, paragraph-by-paragraph
recitation of the facts that the moving party contends are undisputed,
with specific page references to the joint appendix in support of each
paragraph. Each paragraph shall deal with one fact.
At the same time a response to the motion for summary judgment is
filed, the responding party must file a separate Counterstatement of
Facts that responds to each paragraph of the Statement by accepting or
rejecting the contention in the paragraph. If a contention is rejected, the
responding party must supply facts supporting the rejection by specific
page reference(s) from the joint appendix.
F. Documents Filed Under Seal
Except in emergency situations, documents should not be filed under seal without
first obtaining leave of court.
Any motion for leave to file under seal, including any motion for a proposed
confidentiality/protective order that would permit a party to file any material under seal,
must articulate, clearly and specifically, why the moving party’s “interest in secrecy”
outweighs the “presumptive right of public access.” Avandia, 924 F.3d at 672. The motion—
and the proposed order attached to the motion—must identify “clearly defined and serious
injur[ies]” the movant will suffer if the materials are not kept under seal. Id. Judge Goldner
Cinquanto will not grant a motion for leave to file under seal that fails to identify the
movant’s interests in nondisclosure with specificity.
Even when Judge Goldner Cinquanto grants a motion for leave to file under seal, she
will generally still expect the parties to file redacted versions of the sealed documents on the
public docket unless the redactions would be so extensive as to render the document
unreadable. Proposed orders attached to motions for leave to file under seal must include
language requiring the parties to file redacted versions of the sealed documents to the public
docket. If a movant omits this language from its proposed order, the movant must explain
in its motion why redaction would render the documents unreadable.
All motions for leave to file documents under seal should be filed on the public
docket. If a motion contains or refers to information that the movant seeks to file under seal,
the movant may redact the relevant information in the copy of the motion filed on the
docket. When a movant files a motion with redacted information, the movant must provide
the Court and all parties with an unredacted copy of the motion. The movant must also
provide the Court and all parties with unredacted copies of all documents that the party
proposes to file under seal.
Parties should also otherwise conform to the Clerk’s general procedures for filing
documents under seal.
G. Pretrial Procedure
The parties should ordinarily expect to file a joint pretrial stipulation, in the form
attached, in lieu of complying with Eastern District of Pennsylvania Local Rule 16.1, which
otherwise governs pretrial procedure.
Whether proceeding by Joint Pretrial Stipulation or complying with Local Rule 16.1,
the parties jointly must:
1. File one document titled “Proposed Joint Voir Dire Questions”
containing three sections: (1) agreed voir dire questions; (2) additional
questions proposed by Plaintiff(s); and (3) additional questions
proposed by Defendant(s).
2. File one document titled “Proposed Joint Jury Instructions,”
containing three sections: (1) agreed jury instructions; (2) additional
instructions proposed by Plaintiff(s); and (3) additional questions
proposed by Defendant(s). Third Circuit standard instructions should
be used, if available. Parties must cite the underlying authority for each
instruction they propose, even if using the Third Circuit model.
3. File one document titled “Proposed Joint Jury Verdict Form,”
containing: (1) an agreed verdict form; and, if necessary, (2) any
alternative verdict form Plaintiff(s) propose; and (3) any alternative
verdict form Defendant(s) propose.
The three jointly filed documents must be filed on ECF at the same time as Pretrial
Memoranda [or Pretrial Stipulation]. At the time of filing the parties must submit to
chambers an electronic version of the three documents, in Word format.
H. Trial Procedure
1. Scheduling. In most cases, Judge Goldner Cinquanto will set a date
certain for trial. Civil trials will take place in the James A. Byrne U.S.
Courthouse, 601 Market Street, Courtroom 3-D, Philadelphia,
Pennsylvania 19106. Judge Goldner Cinquanto ordinarily sits from 9:00
a.m. until 5:00 p.m., with an hour break for lunch and a brief recess in
the morning and in the afternoon.
2. Using the Lectern. Judge Goldner Cinquanto prefers that counsel use
the lectern during trial. Counsel need not ask permission to approach a
witness each time they do so; once is enough.
3. Voir Dire. Judge Goldner Cinquanto conducts voir dire questioning.
Counsel may ask additional questions after the judge has questioned
the panel.
4. Sidebars. Sidebars are disfavored but will be granted if necessary. If
issues need to be addressed outside the presence of the jury, counsel
should ordinarily do so before and after court sessions, or during
breaks.
5. Examination of Witnesses. The same lawyer for a party must examine
and handle objections to the examination of a witness. Only one lawyer
per party per witness. Judge Goldner Cinquanto will generally restrict
counsel from examining witnesses beyond re-direct and re-cross. If
Judge Goldner Cinquanto asks questions of the witnesses, she may
permit additional questions from counsel that may be prompted by the
witnesses’ answers to the judge’s questions.
6. Videotaped Testimony. Judge Goldner Cinquanto requires counsel to
review all videotaped depositions and have them edited, after
consultation with each other, such as to fairly present only the essential
evidence of the witness involved. Counsel are expected to resolve all
matters pertaining to objections before offering the videotape into
evidence.
7. Objections. When objecting, counsel may indicate briefly the nature of
the objection, e.g., “irrelevant,” “unduly prejudicial,” “hearsay,” but
should not launch into argument. If Judge Goldner Cinquanto desires
argument, she will ask for it.
8. Exhibits. Counsel should confer and stipulate to the admission of
exhibits, whenever possible. When stipulated exhibits are introduced,
counsel should note the exhibit is admitted by stipulation. Non-
stipulated exhibits should be moved into evidence as soon as a
foundation for admission is established. Exhibits not moved and
admitted into evidence may not be displayed to the jury. Any objections
or proposed limitations on the use of an exhibit must be aired at the
time the exhibit is introduced. Objections or proposed limitations not
voiced at the time the exhibit is moved into evidence are waived.
9. Jury Deliberations.
a. Exhibits in the Jury Room. Exhibits that have been admitted
into evidence are made available to the jury during
deliberations, together with a copy of the Court’s jury
instructions.
b. Availability of Counsel During Jury Deliberations. Judge
Goldner Cinquanto will not require counsel to remain in the
courthouse during deliberations, but will require counsel to be
available on short telephone notice. Counsel should provide the
deputy clerk with their cellphone number.
c. Interviewing the Jury. After the verdict has been recorded, and
the jury has been discharged, counsel must seek permission
from Judge Goldner Cinquanto before speaking with jurors. If
granted by the Court, counsel must advise the juror(s) in clear
terms that they have no obligation to speak with counsel.
III. CRIMINAL CASES
A. Sentencing Memoranda
When a pretrial sentence report is utilized, Judge Goldner Cinquanto encourages
counsel to submit sentencing memoranda.
B. Additional Matters
At all “criminal duty week” proceedings, counsel once appointed or retained, must
be present to permit the proceeding to go forward. Once the Court has ordered that a
defendant be detained or has set conditions of release, any proposed changes thereto must
be submitted to the Court by written motion.
Judge Goldner Cinquanto does not favor the dual representation of defendants by a
single attorney at any criminal proceeding, apart, perhaps, from the initial appearance.
Judge Goldner Cinquanto requires that all relevant documents be delivered to
Chambers in advance of court. Counsel may contact Deputy Jeffrey Lucini at (267.299.7750)
if there are any questions regarding the matters before the Court.
Judge Goldner Cinquanto expects counsel to be prompt in all appearances, to be
professional and courteous to each other, both in the presence of the Court and otherwise,
and to have discussions with each other about any matter in dispute before it is brought to
the Court’s attention.
IV. FORMS
MODEL SETTLEMENT CONFERENCE ORDER
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PARTY NAME :
Plaintiff, :
: CIVIL ACTION
v. : NO. ##-####
:
PARTY NAME :
Defendant. :
SETTLEMENT CONFERENCE ORDER
A settlement conference will be held on [day], [month], 202[ ], at 10:00 A.M. before
the Honorable Caroline Goldner Cinquanto, United States Magistrate Judge, United States
Courthouse, 601 Market Street, Philadelphia, Pennsylvania in Courtroom 3-D.
BEFORE THE CONFERENCE:
• Plaintiff(s) must make a precise and specific written settlement
demand, inclusive of all attorney’s fees, costs, and damages, on or
before [three weeks before the conference].
• Defendant(s) must make a precise and specific written settlement offer
on or before [two weeks before the conference].
• Counsel for all parties must submit the attached summary and their
confidential case synopsis to Chambers_of_Magistrate_Judge_
[email protected] on or before [two weeks
before the conference]. The synopsis should be no more than five (5)
pages in length, single spaced.
• The synopsis should attach key summary expert reports, policy
language excerpts, photographs, sketches, diagrams, charts, etc. Only
attach excerpts which are most relevant to the claims at issue.
Relevant portions must be delineated. Attachments should be no
more than thirty (30) pages and should be separated with labeled
divider pages. Judge Goldner Cinquanto may require hard copies of
lengthy materials.
• If settlement is not a real possibility (e.g., if defendant will not make
an offer or will offer only nuisance value), counsel shall notify the
Court (jointly or individually) to request a brief video conference
regarding their status on or before [one week before the conference].
• If requested by counsel, with no opposition, Judge Goldner Cinquanto
is available for ex parte Zoom conferences before the settlement
conference. Please contact chambers to arrange a pre-conference video
call.
AT THE CONFERENCE:
• Judge Goldner Cinquanto requires a principal for each party with an
interest in the case who has full and complete settlement authority
(i.e., authority consistent with the most recent demand) to be present
(either on the Zoom, or in person, as applicable) for the entire
duration of the conference. If a party requires approval by an insurer
to settle, a representative of the insurer with full and complete
settlement authority consistent with the most recent demand must be
present in addition to the relevant party principal. 1
BY THE COURT:
__________________________________________
HON. CAROLINE GOLDNER CINQUANTO
United States Magistrate Judge
Eastern District of Pennsylvania
Date: ______________, 202[ ]
1 Having a client with settlement authority available by telephone is not an acceptable
alternative unless compelling circumstances exist and there is prior approval from Judge
Goldner Cinquanto. If a conference must be adjourned or continued to allow a party to
obtain additional authority up to the most recent demand, that party may incur sanctions,
including, but not limited to, payment of the opposing party’s attorney’s fees resulting from
a need to reconvene.
MODEL SETTLEMENT CONFERENCE SUMMARY
SETTLEMENT CONFERENCE SUMMARY1
CAPTION: ___________________________________________________________
DISTRICT COURT JUDGE: ____________________________________________
TRIAL POOL DATE: __________________________ JURY / NONJURY (Circle One)
COUNSEL ATTENDING SETTLEMENT CONFERENCE:
Name: ___________________________________________________________
Address: ___________________________________________________________
Cell Phone: ___________________________________________________________
Client: ___________________________________________________________
CLIENT ATTENDING SETTLEMENT CONFERENCE: Individual with full and complete
settlement authority who will be present for the entire duration of the settlement conference (include
company and position where applicable):
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
CURRENT DEMAND/OFFER:
PLAINTIFF(S): ____________________________________________________
__________________________________________________________________
DEFENDANT(S): __________________________________________________
__________________________________________________________________
IDENTIFY PENDING MOTIONS:
__________________________________________________________________
__________________________________________________________________
OTHER RELEVANT MATTERS (include details regarding any outstanding liens):
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
ATTACH CASE SYNOPSIS (The synopsis will include a candid discussion of the submitting
party’s factual and legal strengths and weaknesses in the case as well as an offer/demand settlement
proposal and IS STRICTLY LIMITED TO NO MORE THAN FIVE (5) PAGES SINGLE SPACED.)
The synopsis should attach key summary expert reports, policy language excerpts,
photographs, sketches, diagrams, charts, etc. Only attach excerpts which are most relevant to the
claims at issue. Relevant portions must be delineated. Attachments should be no more than thirty
(30) pages and should be separated with labeled divider pages Judge Goldner Cinquanto may
require hard copies of lengthy materials.
1 Counsel shall familiarize themselves with Judge Goldner Cinquanto’s policies and
procedures at
https://www.paed.uscourts.gov/sites/paed/files/documents/procedures/artpol.pdf.
MODEL SCHEDULING ORDER (JURY TRIAL)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Plaintiff, : CIVIL ACTION
:
v. :
: NO.
:
Defendant. :
:
SCHEDULING ORDER
AND NOW, this day of 202_, following a conference with counsel
for the parties, it is ORDERED that:
1. Counsel shall advise the Court of the status of any settlement discussions
and if a settlement conference would be productive on or before [2 weeks before
dispositive motion deadline], 202_.
2. Any motions for leave to join other parties or for leave to amend the
pleadings shall be filed on or before [fact discovery deadline or earlier]
3. All fact discovery shall be completed on or before [+90 days].
4. Plaintiff shall produce any and all expert reports on or before [fact discovery
deadline]. Defendant shall produce its expert reports on or before [+2 weeks]. All expert
discovery, including rebuttal reports and depositions shall be completed on or before [+2
weeks].
5. Counsel for all parties are strongly encouraged to resolve discovery disputes
on their own. See Fed. R. Civ. P. 37(a)(1); E.D. Pa. Local R. Civ. P. 26.1(f). If Court
intervention is required, the parties shall request a conference before filing any discovery
motion. 1
6. Any and all dispositive motions and motions to exclude expert witness
evidence pursuant to Federal Rule of Evidence 702 shall be filed on or before [+4 weeks].
Responses to any such motions shall be filed by [+2 weeks] and replies, if any, shall be
filed on or before [+1 week]. 2
7. All other motions in limine shall be filed on or before [fourteen days prior to
Pretrial Stipulation]. Responses shall be filed on or before [+1 week].
8. The parties shall file their joint Pretrial Stipulation 3, along with proposed voir
dire, jury instructions with citations to relevant authority, and verdict forms, on or before
1 All requests for Court action shall be by motion, see Fed. R. Civ. P. 7(b), except for
routine requests, which may be by email to the Court with copies to all parties. Any
requests shall state whether it is made with the other party’s consent. Responses to all
motions are due within the period prescribed by Local Rule 7.1(c).
2 Briefs accompanying motions and responses to motions are limited to thirty pages
absent leave of Court. Any reply brief is limited to the issues raised in the response, may
not raise theories or issues not discussed in the original motion, and shall not exceed
fifteen pages absent leave of Court. Any exhibits should be docketed in compliance with
Local Rule of Civil Procedure 5.1.2(5)(b).
3 The Joint Pretrial Stipulation shall be signed by trial counsel for each party and
shall set forth: (1) a realistic, good faith estimate of the total time for trial; (2) the parties’
agreed-upon facts and their disputed facts; (3) their respective claims and defenses; (4) the
relief sought; (5) a list of lay and expert witnesses that identifies the subject(s) of their
expected testimony and any expected objections to admissibility; (6) a list of exhibits to be
used or introduced into evidence and any objections to their authenticity; (7) a summary of
applicable law, including, in diversity cases, the basis for choosing the applicable law; and
(8) any other disclosures required under Federal Rule of Civil Procedure 26(a)(3). Any
[fourteen days prior to date certain]. 4 All objections to the authenticity of exhibits are
waived unless noted in the Pretrial Stipulation. Counsel should work together to narrow
any areas of dispute before trial.
9. A final pretrial conference and oral argument on motions in limine (if
necessary) will be held on [seven days before date certain] at __ a.m./p.m. in Courtroom
3D. Counsel shall confer in advance and shall be prepared to discuss all aspects of their
Pretrial Stipulation, proposed jury instructions, and verdict form, including any disputed
issues. A principal with full settlement authority shall be in attendance for each party.
10. Jury Selection will take place on [date certain] at __ a.m./p.m. in Courtroom
3H.
11. Trial will commence on [date certain] at __ a.m./p.m. in Courtroom 3D.
Counsel and all parties shall be prepared to commence trial on that date.
objections to anticipated testimony or exhibits shall describe with particularity the ground
and the authority for the objection.
The Joint Pretrial Stipulation should also alert the Court of any unusual legal issues
which would serve as the basis for a motion for a judgment as a matter of law under
Federal Rule of Civil Procedure 50 or any other dispositive motions with citations to
relevant legal authority.
4 Counsel should prepare one agreed-upon set of proposed jury instructions and
verdict form. If counsel cannot agree on a particular instruction, they must submit their
competing versions along with their explanations about why their proposed instruction
should be given with citation to relevant authority.
In addition to filing the proposed jury instructions and verdict form on the Court’s
docket, the parties must e-mail Word versions of the documents to
[email protected].
12. Counsel shall familiarize themselves with and comply with the Local Rules
of Civil Procedure for this District and this Court’s Policies and Procedures. Both are
available through the website for the Eastern District of Pennsylvania
(https://www.paed.uscourts.gov/).
13. Plaintiff’s counsel shall promptly advise the Court of any settlement.
BY THE COURT:
__________________________________________
HON. CAROLINE GOLDNER CINQUANTO
United States Magistrate Judge
Eastern District of Pennsylvania
MODEL SCHEDULING ORDER (BENCH TRIAL)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Plaintiff, : CIVIL ACTION
:
v. :
: NO.
:
Defendant. :
:
SCHEDULING ORDER
AND NOW, this day of 202_, following a conference with counsel
for the parties, it is ORDERED that:
1. Counsel shall advise the Court of the status of any settlement discussions
and if a settlement conference with another magistrate judge would be productive on or
before [2 weeks before dispositive motion deadline], 202_.
2. Any motions for leave to join other parties or for leave to amend the
pleadings shall be filed on or before [fact discovery deadline or earlier]
3. All fact discovery shall be completed on or before [+90 days].
4. Plaintiff shall produce any and all expert reports on or before [fact discovery
deadline]. Defendant shall produce its expert reports on or before [+2 weeks]. All expert
discovery, including rebuttal reports and depositions shall be completed on or before [+2
weeks].
5. Counsel for all parties are strongly encouraged to resolve discovery disputes
on their own. See Fed. R. Civ. P. 37(a)(1); E.D. Pa. Local R. Civ. P. 26.1(f). If Court
intervention is required, the parties shall request a Zoom conference before by email
(
[email protected]) before filing any
discovery motion. 5 Any request shall state whether it is made with the opposing party’s
consent.
6. Routine requests for Court action may be made first by email with copies to
all parties. If a motion is required, it shall comply with Federal Rules of Civil Procedure
7(b) and 11. Responses to all motions are due within the period prescribed by Local Rule
7.1(c).
7. Any and all dispositive motions and motions to exclude expert witness
evidence pursuant to Federal Rule of Evidence 702 shall be filed on or before [+4 weeks].
Responses to any such motions shall be filed by [+2 weeks] and replies, if any, shall be
filed on or before [+1 week]. 6
5Federal Rule of Civil Procedure 37 requires any motions to compel to “include a
certification that the movant has in good faith conferred or attempted to confer with the
person or party failing to make disclosure or discovery in an effort to obtain it without
court action.” Fed. R. Civ. P. 37(a)(1). Rule 26.1(f) of the Eastern District of Pennsylvania
Local Rules of Civil Procedure also requires discovery motions to include “a certification
of counsel that the parties, after reasonable effort, are unable to resolve the dispute.” E.D.
Pa. Local R. Civ. P. 26.1(f).
6 Briefs accompanying motions and responses to motions are limited to thirty pages
absent leave of Court. Any reply brief is limited to the issues raised in the response, may
not raise theories or issues not discussed in the original motion, and shall not exceed
fifteen pages absent leave of Court. Any exhibits should be docketed in compliance with
Local Rule of Civil Procedure 5.1.2(5)(b).
8. The parties shall file their joint Pretrial Stipulation 7, along with proposed
findings of fact and conclusions of law, with citations to relevant authority, on or before
[fourteen days prior to date certain]. Counsel shall also provide binders containing two
copies of their exhibits, marked for trial.8 All objections to the authenticity of exhibits are
waived unless noted in the Pretrial Stipulation. Counsel should work together to narrow
any areas of dispute before trial.
9. A final pretrial conference will be held on [seven days before date certain] at
__ a.m./p.m. in Courtroom 3D. Counsel shall confer in advance and shall be prepared to
discuss all aspects of their Pretrial Stipulation, including any disputed issues. A principal
with full settlement authority shall be in attendance for each party.
10. Trial will commence on [date certain] at __ a.m./p.m. in Courtroom 3D.
7 The Joint Pretrial Stipulation shall be signed by trial counsel for each party and
shall set forth: (1) a realistic, good faith estimate of the total time for trial; (2) the parties’
agreed-upon facts and their disputed facts; (3) their respective claims and defenses; (4) the
relief sought; (5) a list of lay and expert witnesses that identifies the subject(s) of their
expected testimony and any expected objections to admissibility; (6) a list of exhibits to be
used or introduced into evidence and any objections to their authenticity; (7) a summary of
applicable law, including, in diversity cases, the basis for choosing the applicable law; and
(8) any other disclosures required under Federal Rule of Civil Procedure 26(a)(3). Any
objections to anticipated testimony or exhibits shall describe with particularity the ground
and the authority for the objection.
The Joint Pretrial Stipulation should also alert the Court of any unusual legal issues
which would serve as the basis for a motion for a judgment as a matter of law under
Federal Rule of Civil Procedure 50 or any other dispositive motions with citations to
relevant legal authority.
8Counsel are expected to confer about exhibits and provide Joint Exhibits (marked J-
1, etc.) and additional exhibits (marked as P-1 or D-1, etc.).
11. Counsel shall familiarize themselves with and comply with the Local Rules
of Civil Procedure for this District and this Court’s Policies and Procedures. Both are
available through the website for the Eastern District of Pennsylvania
(https://www.paed.uscourts.gov/).
12. Plaintiff’s counsel shall promptly advise the Court of any settlement.
BY THE COURT:
__________________________________________
HON. CAROLINE GOLDNER CINQUANTO
United States Magistrate Judge
Eastern District of Pennsylvania
MODEL JOINT PRETRIAL STIPULATION
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Plaintiff, : CIVIL ACTION
:
v. :
: NO.
:
Defendant. :
:
JOINT PRETRIAL STIPULATION
1. Estimate of total time for trial. [A realistic good faith estimate.]
2. Agreed facts. [Make a conscientious effort to narrow the areas of dispute.]
3. Disputed facts. [Outline the fact disputes that must be decided.]
4. Parties’ respective claims and defenses. [Explain undisputed and disputed
legal issues remaining for trial and supply authority for the parties’ respective positions.]
5. Relief sought. [Identify the relief sought.]
6. List of lay and expert witnesses and the subject of their testimony.
[Counsel must list all witnesses (except rebuttal witnesses) and supply a short explanation
of their expected testimony. Any objections to anticipated testimony shall describe with
particularity the ground and the authority for the objection. Parties who intend to use
video equipment to present the testimony of a witness should either supply that
equipment or request, at least two weeks before trial, that the Court reserve equipment for
them by email to
[email protected]
.gov.]
7. Exhibits, marked for trial. [All objections to authenticity should be noted or
will be considered waived. Any objections to exhibits shall describe with particularity the
ground and the authority for the objection. Exhibits are to be provided to the Court in the
form of two jointly prepared loose leaf exhibit books—one for the judge and one for her
law clerk—each book containing tabbed Joint Exhibits, Plaintiffs Exhibits, and Defendant’s
Exhibits.]
9. Any other Required Federal Rule of Civil Procedure 26(a)(3) disclosure.
10. (In jury trial) Proposed voir dire questions, jury instructions, and jury
verdict form.
[Counsel shall comply with the format prescribed in my Practices and Procedures].
Stipulated on the dates listed below:
[signatures of trial counsel for each party and dates]
