HONORABLE ELIZABETH L. TOPLIN
United States Magistrate Judge
James A. Byrne U.S. Courthouse
Room 3038
601 Market Street
Philadelphia, PA 19106
267-299-7500
[email protected]
Tashia Reynolds
Courtroom Deputy:
267-299-7501
POLICIES AND PROCEDURES
I. PRELIMINARY GENERAL MATTERS
A. Correspondence with the Court
Judge Toplin permits correspondence from counsel on any matter, providing all
other counsel in the matter are provided copies of such correspondence; and
unless otherwise specified. Judge Toplin sometimes permits letter motions in lieu
of formal motions.
B. Communications with Courtroom Deputy and Law Clerks
Judge Toplin permits counsel to communicate with her courtroom deputy and law
clerks on scheduling and administrative matters, but never on the merits of a case.
C. Confidentiality Agreements
Judge Toplin will approve confidentiality or sealing orders consistent with
applicable legal standards. See, In re Avandia Mktg., Sales Practices & Prods.
Liab. Litig., 924 F.3d 662 (3d Cir. 2019).
D. Telephone Conferences
Judge Toplin prefers telephone conferences to be utilized for matters such as
scheduling conferences, scheduling changes, extensions of time and routine
discovery disputes. It will be the responsibility of all counsel seeking relief to
initiate any such conference by contacting the Judge’s courtroom deputy, Tashia
Reynolds.
E. Oral Arguments and Evidentiary Hearings
To the extent deemed necessary by Judge Toplin, oral arguments and evidentiary
hearings will be scheduled through the courtroom deputy. All reasonable efforts
will be made to accommodate the schedules of counsel.
F. Pro Hac Vice Admissions
Counsel must 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 website.
II. CIVIL CASES
A. Pretrial Procedure
Judge Toplin will schedule status conferences, settlement conferences, and final
pretrial conferences as required by the circumstance of each case. Judge Toplin
will work with counsel to schedule either a telephone conference or a conference
in chambers to resolve any issues that may arise during the progress of the case.
Judge Toplin requires that counsel make all good faith efforts to resolve any
disputed matter between themselves before seeking involvement of the Court.
Judge Toplin expects counsel to be mindful of the mandate of Federal Rule of
Civil Procedure: that the procedural rules “should be construed, administered,
and employed by the court and the parties to secure the just, speedy, and
inexpensive determination of every action and proceeding.”
B. Continuances and Extensions
Counsel will have substantial input in the setting of dates in the Rule 16 Order;
Judge Toplin expects counsel to comply with the dates set out in that Order.
Extensions will be entertained upon a good cause showing that the progress of the
case circumstances has been hampered by circumstances beyond the reasonable
expectation of counsel. Should such circumstances arise, Judge Toplin requires a
letter brief requesting an extension.
C. General Motions Practice
Except as described below, motion practice is governed by Local Rule 7.1.
1. Citations
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
Memoranda must not exceed twenty-five (25) pages in length (excluding table of
contents and appendices), must be double spaced and must use 12-point font.
Memoranda over fifteen (15) pages in length must include a table of contents and
table of authorities.
D. Oral Arguments on Motions
Judge Toplin will schedule oral argument on motions if it appears likely that such
argument would be helpful to the Court’s resolution of the matter. Counsel may
request oral argument if considered appropriate.
E. Reply and Sur-Reply Briefs
Judge Toplin will permit reply briefs not to exceed fifteen (15) pages. Judge
Toplin will not normally permit sur-reply briefs; counsel desiring to file a sur-
reply must first seek permission of the Court by letter brief, before such a brief
will be accepted.
F. Chambers Copy of Motions Papers
Judge Toplin requires a courtesy copy of all motion papers to be sent directly to
chambers via email. If exhibits are over twenty (20) pages, a hard copy must be
sent to chambers.
G. Discovery Matters
1. Length of Discovery Period and Extensions
Judge Toplin normally permits from ninety (90) to one hundred and twenty days
(120) for the completion of discovery; however, she will consider the informed
view of counsel as to the time that will be required for discovery in a particular
case. Additional time will be allowed in complex cases or upon a specific
showing of need. Judge Toplin will also consider staged discovery. She will
encourage that the most essential discovery be undertaken early in the case so that
it will foster early settlement opportunities and minimize the costs of litigation.
2. Discovery Disputes
Judge Toplin expects the parties to resolve discovery disputes without Court
intervention. Should counsel be unable, in good faith, to resolve their dispute,
Judge Toplin permits contact with the Court through her courtroom deputy to set
up telephone or chambers conferences to resolve outstanding issues. The use of
motion practice in discovery matters is discouraged.
3. 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 may bar the
use of the expert’s testimony at trial.
H. Settlement (when jurisdiction remains with the District Court Judge)
1. Scheduling a Settlement Conference
When a case is referred to Judge Toplin for a settlement conference by a district
judge, counsel will receive an email from Judge Toplin’s Deputy, Tashia
Reynolds, with Judge Toplin’s availability and instruction regarding schedule a
settlement conference. If you have any questions about scheduling a settlement
conference, email
[email protected] .
2. Settlement Conference Memoranda
Judge Toplin requires counsel to submit a brief, written conference summary one
week prior to the scheduled conference. In addition, the parties must provide the
Court with an updated demand and offer four (4) days before the scheduled
conference. The summary should not exceed five (5) pages, excluding
attachments. If attachments are over twenty (20) pages, a hard copy is to be sent
to Judge Toplin’s chambers by the date the summaries are due. Do not include
any documents that are already filed on the docket as exhibits. If you would like
Judge Toplin to take notice of these documents, reference them in your summary.
Judge Toplin requires that counsel exchange their summaries. The summaries are
not to be filed with the Clerk’s Office.
3. Demands and Offers
Judge Toplin requires the parties to engage in good faith settlement discussions
prior to the submission of the written conference summary. Upon submission of
the written conference summary and prior to the conference, the parties are
required to update their settlement positions and submit a joint letter setting forth
updated positions to Judge Toplin. This timeline will be set forth in Judge
Toplin’s settlement conference order.
4. Parties’ Attendance and Participation
Judge Toplin requires in-person attendance at the conference by the parties, or the
parties’ representatives, with knowledge of the case and settlement authority. If
Judge Toplin determines that a virtual conference is appropriate, she will advise
in the settlement conference order, and the same requirements will apply. In
exceptional circumstances, Judge Toplin will permit a person to virtually
participate in an in-person conference. Counsel seeking relief must contact
chambers as soon as they are aware of a problem with attendance. Counsel and
the parties must strictly adhere to this procedure.
At the conference, Judge Toplin will expect counsel to:
• Be prepared to discuss the weaknesses, as well as the strengths of their case.
• Prepare the client. Judge Toplin will speak to them directly.
• Organize and bring critical documents. Judge Toplin wants to see them.
• Attach relevant summary of expert reports to the conference memos. Judge
Toplin will review them.
• Bring any photographs, sketches, diagrams, and charts. Judge Toplin will
review them.
• Be patient. Settlement is a process. It takes time.
• Be flexible. Avoid bottom lines or top numbers.
• Be creative.
• Manage their clients’ expectations.
• Manage their own expectations.
5. Follow-up Contact
Judge Toplin will, if appropriate, continue to work with counsel after the
settlement conference if the matter is not resolved at the conference.
6. Continuances
Settlement conferences are scheduled by order of the Court and are not
discretionary. Counsel and participants should make 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.
I. Consent Cases (when jurisdiction for all purposes has been assigned to Judge
Toplin)
1. Preliminary Telephone Conference
When the parties have agreed to consent to a magistrate judge for all future
proceedings and the matter is assigned to Judge Toplin, a Rule 16 teleconference
with counsel will be held. If counsel has not previously filed a joint Rule 16(f)
report, Judge Toplin requires one to be filed on the docket one week before the
Rule 16 conference.
At the time of the telephone conference, counsel will be expected to discuss
deadlines, discovery issues, possible motions to be filed and the status of
settlement discussions (if any). In the interest of streamlining the litigation, Judge
Toplin will encourage counsel to participate in settlement discussions as early as
practicable and to stage discovery to facilitate settlement and control costs.
2. Settlement Conferences in Jury Matters
Judge Toplin may, after discussion with counsel, conduct her own settlement
conferences utilizing the procedures above. If Judge Toplin determines that it is
not appropriate for her to conduct the settlement conference, and if a conference
is deemed worthwhile, Judge Toplin will obtain the assistance of another
magistrate judge to assist with settlement discussions.
3. Settlement Conferences in Non-Jury Matters
Judge Toplin will not take part in settlement discussions in a non-jury matter. A
settlement conference may, however, be arranged with another magistrate judge.
4. Arbitration
a) General Approach to Arbitration Cases
Judge Toplin will automatically refer cases to arbitration when appropriate. If a
matter settles before the scheduled arbitration date or the parties need to continue
the arbitration, counsel is to notify Judge Toplin’s chambers immediately.
b) Scheduling Trial De Novo from Arbitration
Judge Toplin will schedule trial promptly when a demand for trial de novo is filed
following arbitration.
5. Pretrial Memoranda
Unless specifically provided for by a separate order, Judge Toplin will require the
use of the short form pretrial memorandum described in Rule 16.1(c) of the Local
Rules of Civil Procedure for the Eastern District of Pennsylvania. In certain cases,
Judge Toplin may require that counsel stipulate uncontested facts as generally set
out in Local Rule 16.1(d)(2)(b)(2)(A-E).
6. Trial Procedure
a) Scheduling of Cases
Judge Toplin’s cases will be specially listed for trial based upon the Court’s
calendar and the availability of counsel, the parties, experts and critical witnesses.
Judge Toplin will generally schedule jury selection the Friday before trial starts.
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 Toplin will make 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 video or virtual means so as not to
delay the trial schedule.
d) Note Taking by Jurors
Judge Toplin will consider note taking by jurors on a case-by-case basis.
e) Trial Briefs
Trial briefs are due in accordance with Judge Toplin’s pretrial scheduling order.
f) Voir Dire
Judge Toplin will take the lead in conducting voir dire of potential jurors. Should
circumstances arise that require additional questions from counsel, Judge Toplin
will confer with all counsel before permitting counsel to ask additional questions.
g) Sidebar
Judge Toplin discourages the use of sidebar conferences. Counsel is encouraged
to raise evidentiary issues before trial whenever possible, or during recesses or
adjournments.
h) In Limine Motions
Judge Toplin will accept motions in limine in advance of the final pretrial
conference and in accordance with her scheduling order to allow her an
opportunity to consider the merits of the motion.
i) Examination of Witnesses Out of Sequence
Judge Toplin will permit witnesses to be taken out of turn in appropriate
circumstances.
j) Opening Statements and Closing Arguments
Judge Toplin will discuss with counsel the time necessary for opening and closing
statements but will give counsel reasonable latitude.
k) Examination of Witnesses or Argument by More than One Attorney
Judge Toplin will not normally permit more than one attorney for the party to
examine the same witness. Similarly, one attorney may present argument on
behalf of the party on the same point.
l) Examination of Witnesses Beyond Re-Direct or Re-Cross
Judge Toplin will generally restrict counsel from examining witnesses beyond re-
direct and re-cross.
m) Videotaped Testimony
Judge Toplin requires counsel to review all videotaped depositions and to have
them edited such as to fairly and accurately present only the essential evidence of
the witnesses involved. Counsel is expected to resolve all matters pertaining to
objections before offering the video into evidence.
n) Reading of Material into the Record
Judge Toplin has no special practice regarding reading stipulations, pleadings or
discovery materials into the record.
o) Preparation of Exhibits
Prior to commencement of trial, counsel must meet and confer to prepare one set
of pre-marked trial exhibits for use at trial. The use of duplicate exhibits at trial is
discouraged. Counsel should provide Judge Toplin with two (2) exhibit binders
that consist of a schedule of exhibits with a brief description of each and copies of
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. On the morning of trial,
counsel shall provide the ESR/court reporter with a copy of the joint exhibit list
and a copy of the witness lists.
p) Offering Exhibits into Evidence
Judge Toplin expects counsel to reach agreement in advance as to the admission
of exhibits. Judge Toplin defers to counsel as to when they request that an exhibit
be formally offered into evidence; however, an exhibit must be in evidence before
it is published to the jury.
q) 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 in non-jury trials may be submitted in writing or orally. Judge Toplin
will ordinarily request oral argument on these motions.
r) Proposed Jury Instructions and Verdict Forms
Judge Toplin requires the submission of jointly proposed jury instructions, with
notations as to 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 Toplin prefers use of the Third Circuit Model Jury Instructions
whenever possible.
Counsel must submit a jointly prepared verdict form or proposed special
interrogatories in accordance with the deadline set forth in the scheduling order. If
counsel is unable to agree, they may submit separate proposed forms of
interrogatories. Judge Toplin will encourage counsel to agree upon a less than
unanimous verdict.
s) Proposed Findings of Fact and Conclusions of Law
Judge Toplin requires counsel to submit proposed findings of fact and conclusions
of law in non-jury cases at the final pretrial conference, or at a date set forth in a
scheduling order. A supplement will be permitted at the close of trial or, in an
appropriate case, after trial.
t) Jury Deliberations
(1) Written Jury Instructions
Judge Toplin will determine whether a copy of jury instructions is provided in
writing to the jury on a case-by-case basis.
(2) Exhibits in the Jury Room
Judge Toplin will consider which exhibits will be provided to the jury during their
deliberations on a case-by-case basis.
(3) Handling of Jury Requests to Read Back Testimony or
Replay Tapes
Judge Toplin will decide on a case-by-case basis regarding requests made by
counsel to read back testimony or replay tapes.
(4) Availability of Counsel During Jury Deliberations
Judge Toplin 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 courtroom deputy with their phone number.
(5) Taking the Verdict and Special Interrogatories
Judge Toplin has no usual practice with respect to taking a verdict. Judge Toplin
will submit written interrogatories to the jury in appropriate cases. A copy of the
interrogatories shall be given to the jury during their deliberations.
(6) Polling the Jury
Judge Toplin will, if requested, permit the jury to be polled.
(7) Interviewing the Jury
In most cases, Judge Toplin 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
All counsel should submit sentencing memoranda to Judge Toplin one (1) week
before the scheduled sentencing.
B. Additional Matters
At all “criminal duty week” proceedings, whether appointed or retained, counsel
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.
Each defendant should have their own attorney. Judge Toplin does not
favor the dual representation of defendants by a single attorney at any
criminal proceeding.
Judge Toplin requires that all relevant documents be emailed to
[email protected] and
[email protected] in advance of court. Counsel may contact
Tashia Reynolds (267-299-7500) if there are any questions regarding the matters
before the Court.
IV. GENERAL MATTERS
Judge Toplin 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.
Counsel should feel free to contact Judge Toplin’s courtroom deputy if they have
any questions about her courtroom practices and procedures.
If a decision rendered by this Court is appealed, Judge Toplin prefers to receive
copies of appellate briefs.
Last updated: July 23, 2026
