HONORABLE PAMELA A. CARLOS
United States Magistrate Judge
Edward N. Cahn U.S. Courthouse and Federal Building
504 Hamilton Street, Suite 4401
Allentown, Pennsylvania 18101
Tel. No.: (610) 434-3823
Courtroom Deputy Clerk: Carlene Nice
[email protected]
Magistrate Judge Carlos is a graduate of Franklin and Marshall College (1986) and Temple
University's Beasley School of Law (1989). Upon graduation, she worked as an Assistant District
Attorney for the Office of the District Attorney of Philadelphia. In 1993, Judge Carlos joined the law
firm of Bennett, Bricklin and Saltzburg, LLC. She served as Chair of the Special Investigative Unit
from 1997 through 2004. In 2004, she was named as the Chair of the Bad Faith and Insurance Coverage
team and served in this capacity until her departure in 2021. Judge Carlos was sworn in as a United
States Magistrate Judge on November 12, 2021.
POLICIES & PROCEDURES
Updated July 2025
I. Preliminary General Matters
A. Correspondence with the Court
Judge Carlos permits correspondence from counsel on any matters so long as all other counsel or
unrepresented parties are sent copies of such correspondence. Judge Carlos sometimes permits letter
motions in lieu of formal motions. However, such letter motions are also to be filed of record.
B. Communication with Law Clerks
Judge Carlos permits counsel to communicate with her law clerks on scheduling and
administrative matters, but never on the merits of a case.
C. Telephone Conferences
Judge Carlos prefers that counsel and the parties come to the U.S. Courthouse in Allentown,
Pennsylvania for all settlement conferences.
Telephone conferences are utilized for status conferences and routine discovery disputes. Rule
16 conferences are generally conducted by Zoom.
D. Oral Arguments and Evidentiary Hearings
To the extent deemed necessary by Judge Carlos, oral arguments and evidentiary hearings will
be scheduled through her deputy clerk. Oral argument and evidentiary hearings will be conducted in
person. All reasonable efforts will be made to accommodate the schedules of counsel.
E. Pro Hac Vice Admissions
Counsel are to complete and submit an Attorney Admission Application (Pro Hac Vice) before
the date of the non-admitted attorney’s first appearance. The requisite forms are available on the United
States District Court Eastern District of Pennsylvania’s website.
II. Civil Cases
A. Pretrial Procedure
Judge Carlos regularly conducts pretrial and status conferences in cases pending before her.
Pretrial/status conferences, where appropriate, are scheduled promptly upon referral of the case to
Judge Carlos. During the pretrial conference, the parties should be prepared to discuss issues, including
but not limited to, joinder of additional parties, discovery needs, anticipated expert retention, dispositive
and Daubert motions, number of jurors to be utilized, and projected number of days for trial.
Additionally, attorneys from both sides should be prepared to discuss the possibility of referral for
settlement purposes.
B. General Motions Practice
1. Oral Argument on Motions
Judge Carlos will schedule oral argument on motions only if it appears likely to be helpful
to the Court’s resolution of the matter.
2. Reply and Supplemental Briefs
Judge Carlos will not normally permit reply or supplemental briefs. Counsel desiring to file a such
a brief must first seek permission of the Court before such a brief will be accepted.
C. Discovery Matters
1. Discovery Disputes
Judge Carlos expects counsel to attempt to resolve disputes prior to bringing them to her
attention, pursuant to Rule 26.1(f) of the Local Rules of Civil Procedure for the Eastern District of
Pennsylvania. Should counsel be unable, in good faith, to resolve their dispute, Judge Carlos permits
contact with the Court through her deputy clerk to set up telephone or chambers conferences to resolve
outstanding issues. Generally, Judge Carlos prefers letter memoranda outlining the discovery dispute.
Such memoranda should include the steps taken to resolve the dispute as well as the relief requested
and should be docketed. Except for subpoenas issued to non-parties, the use of motion practice in
discovery matters is discouraged.
Matters involving the enforcement of subpoenas issued to non-parties shall be handled through
motion practice.
2. Confidentiality Agreements
Counsel may privately stipulate to the terms of a confidentiality agreement, and if necessary,
may enforce said agreement in a separate contract action. See Pansy v. Borough of Stroudsburg, 23 F.3d
772, 788 (3d Cir. 1994). But to the extent counsel would like the Court to enter a protective order on
the docket, the parties must demonstrate good cause for doing so. In this regard, counsel may file a
formal motion articulating how disclosure will result in a clearly defined and serious injury with
specificity for the Court’s consideration.
D. Settlement
1. When Jurisdiction Remains with the District Court Assigned to the Case
a. Preliminary Telephone Conference
When a matter is referred to Judge Carlos for purposes of settlement, she will hold a telephone
status conference with the parties. Counsel are to be prepared to discuss discovery that needs to be
completed prior to the settlement conference, identification of the person(s) needed to participate in the
conference and where they are located, and format and location of the conference. Counsel should have
their calendars available as during the telephone status conference, a settlement conference date will be
selected. It is Judge Carlos’ practice to hold settlement conferences as early as practicable in order to
facilitate settlement and control costs without contradiction to the referring judge’s Rule 16 Scheduling
Order.
b. Settlement Conference Memoranda
Judge Carlos will normally require counsel to submit a conference memorandum one week
before the scheduled conference. It shall include an offer/demand settlement proposal. This
memorandum should not exceed four (4) pages and should be submitted in Word format. Exhibits,
if needed, are also to be submitted with the memorandum. Judge Carlos does not require that counsel
exchange their memoranda. Confidential information may also be provided by a separate document
to the court. The memoranda are not to be filed with the Clerk’s office. Instead, they should be sent
to chambers via email at:
[email protected].
c. Parties’ Attendance and Participation
Judge Carlos will require that a party or party’s representative with knowledge of the case and
full and binding settlement authority attend the conference in person. At the settlement conference,
lead trial counsel shall appear and bring with them all persons whose consent may be
necessary to settle the case. “[A]ll persons” shall mean insurance adjustors with full and
unlimited authority to settle the case, as well as clients. Persons present must have full and
unlimited settlement authority and may not confer by telephone with anyone to seek
additional authority. Only in exceptional circumstances will Judge Carlos permit that person to
participate in the conference by telephone or video. This shall be the exception rather than the rule.
Counsel seeking said accommodation must contact chambers as soon as they are aware of a problem
with attendance. A copy of Judge Carlos’ Settlement Conference Scheduling Order is attached for
reference. Counsel and the parties must strictly adhere to this procedure.
At the conference, the judge will expect counsel to:
• Be prepared to discuss the weaknesses and strengths of their case.
• Prepare their client. Judge Carlos will speak to them directly.
• Be patient. Settlement is a process. It takes time.
• Be flexible. Avoid bottom lines or top numbers.
• Realistically evaluate the case.
• Manage your client’s expectations.
• Manage your own expectations.
d. Follow-up Contact
Judge Carlos will, if appropriate, continue to work with counsel after the settlement conference
if the matter is not resolved at the conference.
e. Continuances
Settlement conferences are scheduled by order of the court and are not discretionary. Counsel and
participants should use all efforts to be available for this conference. Due to the large number of cases
scheduled for settlement conferences, any need to reschedule the conference could cause a delay of that
conference for several weeks. For this reason, any continuance requests should be made within fourteen
(14) days of receipt of the notice scheduling the conference. Continuance requests will only be granted
for the most compelling reasons.
2. When Jurisdiction for All Purposes Has Been Referred to Judge Carlos
a. Jury Matters
Judge Carlos may, after discussion with counsel, conduct her own settlement conferences
utilizing the above-outlined procedures. If not appropriate but a conference is deemed worthwhile,
Judge Carlos may request a random referral of the matter to another magistrate judge to preside over
settlement discussions.
b. Non-Jury Matters
Judge Carlos will not take part in settlement discussions in a non-jury matter. A settlement
conference may, however, be arranged with another magistrate judge.
E. Civil Cases Consented to Judge Carlos for All Purposes
1. Arbitration
a. General Approach to Arbitration Cases
Judge Carlos has no special practices or procedures for arbitration cases. However, she rarely
refers a matter for arbitration.
b. Scheduling Trial De Novo from Arbitration
Judge Carlos will schedule trial promptly when a demand for trial de novo is filed following
arbitration. She will generally not permit additional discovery post arbitration.
2. Pretrial Procedure
a. Length of Discovery Period
Judge Carlos normally permits ninety (90) to one hundred and twenty (120) days for the
completion of discovery. A discovery period of 120 days includes expert examination. Additional time
will be allowed in complex cases or upon a specific showing of need. Judge Carlos will encourage that
the most essential discovery be undertaken early in the case, so as to foster early settlement and
minimize the costs of litigation.
b. Continuances and Extensions
Considering that counsel will have substantial input in the setting of dates in the Rule 16 Order,
Judge Carlos expects counsel to comply with the dates set out in that Order. Judge Carlos will generally
not agree to a request to extend the dispositive motion or Daubert deadlines or trial dates. Extensions
will be entertained upon a showing that circumstances beyond the reasonable expectation of counsel
have hampered the progress of the case. Judge Carlos will require a formal motion seeking an extension
together with a proposed order and certification of concurrence or objection of all counsel or
unrepresented parties. In most cases, extensions will only be considered after a conference with the
Judge.
c. Expert Witnesses
The parties will identify expert witnesses and provide expert reports pursuant to the Rule 16
Scheduling Order entered in the case. A failure to do so will normally bar the use of the expert’s
testimony at trial.
d. Pretrial Memoranda
Unless specifically provided for by separate Order, Judge Carlos will require the use of the short
form pretrial memorandum described in Rule 16.1 of the Local Rules of Civil Procedure for the Eastern
District of Pennsylvania. In certain cases, Judge Carlos may require counsel to stipulate to uncontested
facts.
A copy of Judge Carlos’ Trial Scheduling Order is attached for reference. Counsel and the
parties must strictly adhere to this procedure.
3. Trial Procedure
a. Scheduling of Cases
Judge Carlos’ cases will be listed for trial based upon the Court’s calendar and upon full
consultation with counsel at the Rule 16 pretrial conference.
All trials before Judge Carlos will take place in the U.S. Courthouse located in Allentown,
Pennsylvania.
b. Conflicts of Counsel
Given the manner of scheduling, conflicts will normally not occur. Should counsel, however,
have a professional or personal conflict which may affect the trial schedule, notice should be provided
immediately to opposing counsel and the Court.
c. Parties or Witnesses
Judge Carlos will make all reasonable attempts to accommodate the schedules and availability
of parties, experts, and critical witnesses. In the alternative, the parties should be prepared to present
testimony by videotape means so as not to delay the trial schedule.
d. Final Pretrial Conference
The final pretrial conference will take place in person in the U.S. Courthouse in Allentown,
Pennsylvania. The conference will be conducted on the record. Counsel should be fully prepared to
address all matters related to trial, including but not limited to, stipulations as to the authenticity and
admissibility of exhibits and the use of demonstrative exhibits during openings, trial, and closings.
Counsel are expected to meet and confer prior to the final pretrial conference regarding use of videotape
testimony. Any objections made during the videotape testimony, where counsel are not able to reach
agreement, will be reviewed during the final pretrial conference. Accordingly, counsel are required to
provide a full videotape deposition transcript to Judge Carlos prior to the conference, in addition to a
list of the objections that require ruling.
The Court does not provide technology assistance for trial. Counsel intending to use technology
during the trial must make arrangements, prior to trial, to have technology assistant(s) visit the
courtroom to assess and identify their needs. The Court will not tolerate delays associated with failure
of a party to be prepared for technology usage in advance of trial. Access to the courtroom may be
arranged by contacting Judge Carlos’ deputy clerk.
e. Note Taking by Jurors
Judge Carlos will generally permit jurors to take notes during trial.
f. Trial Briefs
Judge Carlos encourages the submission of trial briefs when they are necessary or likely to be
helpful to the Court.
g. Voir Dire
Judge Carlos usually conducts jury voir dire. Jury selection only will take place in the U. S.
Courthouse in Philadelphia, Pennsylvania.
h. Sidebar
Judge Carlos discourages the use of sidebar conferences. Counsel are encouraged to raise
particular evidentiary issues before trial or during recesses or adjournments. Moreover, speaking
objections at trial are strongly discouraged.
i. In Limine Motions
Each party may file no more than five (5) motions in limine without prior leave of Court. The
Court will not entertain Daubert motions that are styled as “motions in limine.” The trial scheduling
order will provide a motion in limine deadline, so as to give the Court an adequate opportunity to
consider the merits of each motion.
j. Examination of Witnesses Out of Sequence
Judge Carlos will permit witnesses to be taken out of turn in appropriate circumstances.
k. Opening Statements and Submission
Judge Carlos will discuss with counsel the length of time necessary and appropriate for opening
and closing statements but will give counsel reasonable latitude.
l. Examination of Witnesses or Argument by More than One Attorney
Judge Carlos will not normally permit more than one attorney for the party to examine the same
witness or more than one attorney to present argument on behalf of the party on the same issue.
m. Examination of Witnesses Beyond Re-Direct or Re-Cross
Judge Carlos will generally restrict counsel from examining witnesses beyond re-direct and re-
cross.
n. Videotaped Testimony
Judge Carlos 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 witnesses
involved. Counsel are expected to resolve all matters pertaining to objections before offering the
videotape into evidence. Unresolved objections to videotape testimony will be handled during the final
pretrial conference.
o. Reading of Material into the Record
Judge Carlos has no special practice with regard to reading stipulations, pleadings, or
discovery materials into the record.
p. Preparation of Exhibits
Prior to commencement of trial, counsel are to meet and confer to prepare one set of pre-marked
trial exhibits for use at trial. The use of duplicate exhibits of trial is discouraged as it is inefficient and
confusing to the jury. Counsel should provide Judge Carlos with two (2) copies of each exhibit, together
with a schedule of exhibits that briefly describes each exhibit. Counsel is encouraged, however, to
provide the Court with only the essential and relevant portions of bulky exhibits, together with
sufficient material to provide context for the relevant portion of the exhibits.
q. Offering Exhibits into Evidence
Judge Carlos expects counsel to reach an agreement in advance as to the admission of exhibits.
Judge Carlos has no particular procedure as to when an exhibit may be formally offered into evidence.
r. Motions for Judgment as a Matter of Law and Motions for
Judgment on Partial Findings
Motions for Judgment as a Matter of Law or Motions for Judgment on Partial Findings shall be
submitted in writing. Judge Carlos will ordinarily request oral argument on these motions.
s. Proposed Jury Instructions and Verdict Forms
Judge Carlos requires counsel to submit joint proposed jury instructions, noting areas of
agreement as well as objections. The points for charge should be submitted with appropriate citations
of legal authority and shall be provided to the Court in accordance with the deadline set forth in the
scheduling order. Judge Carlos prefers use of the Third Circuit Model Jury Instructions whenever
possible. Counsel will submit a jointly prepared verdict form or proposed special interrogatories in
accordance with the deadline set forth in the scheduling order. If counsel are unable to agree, they may
submit separate proposed forms of interrogatories.
Judge Carlos will conduct a charging conference, on the record, prior to charging the jury. She
will generally also charge the jury before closing speeches.
t. Proposed Findings of Fact and Conclusions of Law
Judge Carlos requires counsel to submit proposed findings of fact and conclusions of law in
non-jury cases at the final pretrial conference or at such other date as set forth in the scheduling order.
A supplementation will be permitted at the close of trial or, in an appropriate case, after trial.
4. Jury Deliberations
a. Written Jury Instructions
Judge Carlos has no set practice or position with regard to submission of a written set of final
instructions to the jury. In this regard, the decision will be made on a case-by-case basis and upon
discussion with the Court.
b. Exhibits in the Jury Room
Judge Carlos will consider what exhibits should be sent out to the jury during their deliberations
on a case-by-case basis.
c. Handling of Jury Requests to Read Back Testimony or Replay Tapes
Judge Carlos will seek the input of counsel and will then make a determination on a case-by-
case basis when requests are made to read back testimony or replay tapes.
d. Availability of Counsel During Jury Deliberations
Judge Carlos will not require counsel to remain in the courthouse during deliberations but will
require counsel to be available on short telephone notice. Counsel must provide the deputy clerk
with their phone number.
e. Taking the Verdict and Special Interrogatories
Judge Carlos has no usual practice with respect to taking a verdict. Judge Carlos will submit
written interrogatories to the jury in the appropriate case. A copy of the interrogatories shall be
given to the jury during their deliberations.
f. Polling the Jury
Judge Carlos will, if requested, permit the jury to be polled.
g. Interviewing the Jury
Judge Carlos will permit counsel to interview jurors, but only after the verdict has been recorded,
the jury has been discharged, and they have been told in clear terms that they have no obligation to
speak with counsel.
III. Criminal Cases
A. Sentencing Memoranda
When a pretrial sentencing report is utilized, Judge Carlos permits the submission of sentencing
memoranda by both counsel.
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 Carlos does not favor the dual representation of defendants by a single attorney at any
criminal proceeding, apart, perhaps, from the initial appearance. Judge Carlos requires that all relevant
documents be delivered to chambers in advance of court. Counsel may contact the court’s deputy
clerk if there are questions regarding criminal matters before the Court.
IV. Other General Matters
Judge Carlos 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 attention of the Court.
When a decision rendered by this Court is appealed, Judge Carlos prefers to receive copies of
the appellate briefs.
Counsel should feel free to contact Judge Carlos’ deputy clerk or law clerks if they have any
questions about her courtroom practices or procedures.
