HONORABLE CRAIG M. STRAW
United States Magistrate Judge
James A. Byrne U.S. Courthouse 601
Market Street, Room 3029
Philadelphia, PA 19106
Courtroom 3G
[email protected]
Courtroom Deputy
Donna Croce
267-299-7661
JUDGE STRAW’S POLICIES AND PROCEDURES
I. PRELIMINARY GENERAL MATTERS
A. Correspondence with the Court
Judge Straw permits correspondence from counsel on any matters as long as all other
counsel in the matter are sent copies of such correspondence. Judge Straw sometimes
permits letter motions in lieu of formal motions.
B. Communications with Courtroom Deputy and Law Clerks
Judge Straw permits counsel to communicate with his courtroom deputy and law
clerks on scheduling and administrative matters, but never on the merits of a case.
C. Confidentiality Agreements
Judge Straw 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 Straw 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, Donna Croce.
E. Oral Arguments and Evidentiary Hearings
To the extent deemed necessary by Judge Straw, oral arguments and evidentiary
hearings will be scheduled through the courtroom deputy. All reasonable efforts will
be made to accommodate the schedules of counsel.
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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 Straw will schedule status conferences, settlement conferences and final
pretrial conferences as required by the circumstance of each particular case. Judge
Straw will work with counsel on the scheduling of either telephone conferences or
conferences in chambers to resolve any issues that may arise during the progress of
the case. Judge Straw requires that counsel make all good faith efforts to resolve any
disputed matter between themselves before seeking involvement of the Court.
Counsel are expected to be mindful of the mandate of Federal Rule of Civil
Procedure 1 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
Straw expects counsel to comply with the dates set out in that Order. Extensions will
be entertained upon a good cause showing that circumstances beyond the reasonable
expectation of counsel have hampered the progress of the case. Judge Straw 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 Times
New Roman font. Memoranda over fifteen (15) pages in length must include a
table of contents and table of authorities.
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D. Oral Arguments on Motions
Judge Straw will schedule oral argument on motions if it appears likely to 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 Straw will permit reply briefs not to exceed fifteen (15) pages. Judge Straw
will not normally permit sur-reply briefs and 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 Straw requires a courtesy copy of all motion papers to be sent directly to
chambers via email. If exhibits are over 20 pages, a hard copy must be sent to
chambers.
G. Discovery Matters
1. Length of Discovery Period and Extensions
Judge Straw normally permits from ninety (90) to one hundred and twenty days
(21) for the completion of discovery; however, he 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 Straw will also consider staged discovery. He 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 Straw expects the parties to resolve discovery disputes without Court
intervention. Should counsel be unable, in good faith, to resolve their dispute,
Judge Straw permits contact with the Court through his 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 particular case. A failure to do so
may bar the use of the expert’s testimony at trial.
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H. Settlement
1. When Jurisdiction remains with the District Court
(a) Scheduling a Settlement Conference
When a case is referred for a settlement conference to Judge Straw
by a district judge, counsel will receive an email from Judge
Straw’s Deputy, Donna Croce with Judge Straw’s availability and
instruction on how to schedule a settlement conference. If you
have any questions about scheduling a settlement conference,
email Donna Croce at
[email protected].
(b) Settlement Conference Memoranda
Judge Straw requires counsel to submit a brief written conference
summary one week before 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 20 pages, a
hard copy is to be sent to Judge Straw 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 Straw to take notice of these
documents, reference them in your summary. Judge Straw requires that
counsel exchange their summaries. The summaries are not to be filed with
the Clerk’s Office.
(c) Demands and Offers
Judge Straw 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 Straw. This
timeline will be set forth in Judge Straw’s settlement conference order.
(a) Parties Attendance and Participation
Judge Straw requires in-person attendance at the conference by the parties
or the parties’ representatives, with knowledge of the case and settlement
authority. If Judge Straw determines that a virtual conference is
appropriate, he will set forth the type of conference on the settlement
conference order and the same requirements will apply. In exceptional
circumstances, Judge Straw 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. A copy of Judge
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Straw’s Settlement Conference Scheduling Order is attached for reference.
Counsel and the parties must strictly adhere to this procedure.
At the conference, Judge Straw will expect counsel to:
• Be prepared to discuss the weaknesses, as well as the strengths of
their case.
• Prepare the client. Judge Straw will speak to them directly.
• Organize and bring critical documents. Judge Straw will want to
see them.
• Attach relevant summary expert reports to the conference memos.
Judge Straw will review them.
• Bring any photographs, sketches, diagrams and charts. Judge Straw
will review them.
• Be patient. Settlement is a process. It takes time.
• Be flexible. Avoid bottom lines or top numbers.
• Be creative.
• Manage their client’s expectations.
• Manage their own expectations.
(b) Follow-up Contact
Judge Straw will, if appropriate, continue to work with counsel after the
settlement conference if the matter is not resolved at the conference.
(c) 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.
I. Consent Cases
1. When jurisdiction for all purposes has been assigned to Judge Straw
(a) 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 Straw, a Rule 16
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teleconference with counsel will be held. If counsel has not previously
filed a joint Rule 16(f) report, one is required 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 Straw will
encourage counsel to participate in settlement discussions as early as
practicable and to stage discovery such as to facilitate settlement and
control costs.
(b) Settlement Conferences in Jury matters
Judge Straw may, after discussion with counsel, conduct his own
settlement conferences utilizing the procedures above. If not appropriate
and if a conference is deemed worthwhile, Judge Straw will obtain the
assistance of another magistrate judge to assist with settlement
discussions.
(c) Settlement Conferences in Non-Jury Matters
Judge Straw will not take part in settlement discussions in a non-jury
matter. A settlement conference may, however, be arranged with another
magistrate judge.
(d) Arbitration
(i) General Approach to Arbitration Cases
Judge Straw 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 Straw’s chambers immediately.
(ii) Scheduling Trial De Novo from Arbitration
Judge Straw will schedule trial promptly when a demand for trial
de novo is filed following arbitration.
(d) Pretrial Memoranda
Unless specifically provided for by a separate order, Judge Straw 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 Straw may require counsel to
stipulate to uncontested facts as generally set out in Local Rule
16.1(d)(2)(b)(2)(A-E).
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(e) Trial Procedure
(i) Scheduling of Cases
Judge Straw’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 Straw will generally
schedule jury selection the Friday before trial starts.
(ii) 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.
(iii) Parties or Witnesses
Judge Straw 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.
(iv) Note taking by Jurors
Judge Straw will consider note taking by jurors on a case-by-case
basis.
(v) Trial Briefs
Trial briefs are due in accordance with Judge Straw’s pretrial
scheduling order.
(vi) Voir Dire
Judge Straw will take the lead in asking questions during voir
dire. If circumstances arise that require additional questions
from counsel, Judge Straw will conference with all counsel
before permitting any additional questions by counsel.
(vii) Sidebar
Judge Straw discourages the use of sidebar conferences. Counsel
are encouraged to raise particular evidentiary issues before trial
or during recesses or adjournments.
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(viii) In Limine Motions
Judge Straw will accept in limine motions in advance of the final
pretrial conference and in accordance with his scheduling order
so as to give him an opportunity to consider the merits of the
motion.
(ix) Examination of Witnesses Out of Sequence
Judge Straw will permit witnesses to be taken out of turn in
appropriate circumstances.
(x) Opening Statements and Closing Arguments
Judge Straw will discuss with counsel the length of time
necessary and appropriate for opening and closing statements but
will give counsel reasonable latitude.
(xi) Examination of Witnesses or Argument by More than One
Attorney
Judge Straw 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 point.
(xii) Examination of Witnesses Beyond Re-Direct or Re-Cross
Judge Straw will generally restrict counsel from examining
witnesses beyond re-direct and re-cross.
(xiii) Videotaped Testimony
Judge Straw requires counsel to review all videotaped
depositions and to have them edited 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 video into evidence.
(xiv) Reading of Material into the Record
Judge Straw has no special practice with regard to reading
stipulations, pleadings or discovery materials into the record.
(xv) 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 at trial is discouraged as inefficient and
confusing. Counsel should provide Judge Straw with two (2)
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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.
(xvi) Offering Exhibits into Evidence
Judge Straw expects counsel to reach agreement in advance as to
the admission of exhibits. Judge Straw has no particular
procedure as to when an exhibit may be formally offered into
evidence but must be done before they are published to the jury.
(xvii) 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 Straw will ordinarily request oral
argument on these motions.
(xviii) Proposed Jury Instructions and Verdict Forms
Judge Straw 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 Straw 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 Straw
will encourage counsel to agree upon a less than unanimous
verdict.
(xix) Proposed Findings of Fact and Conclusions of Law
Judge Straw requires counsel to submit proposed findings of fact
and conclusions of law in non-jury cases at the final pretrial
conference or at such a date as set forth in a scheduling order. A
supplementation will be permitted at the close of trial or, in an
appropriate case, after trial.
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(f) Jury Deliberations
(i) Written Jury Instructions
Judge Straw has no particular practice or policy on submitting a
copy of instructions to the jury.
(ii) Exhibits in the Jury Room
Judge Straw will consider what exhibits should be sent out to the
jury during their deliberations on a case-by-case basis.
(iii) Handling of Jury Requests to Read Back Testimony or Replay
Tapes
Judge Straw 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.
(iv) Availability of Counsel During Jury Deliberations
Judge Straw 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.
(v) Taking the Verdict and Special Interrogatories
Judge Straw has no usual practice with respect to taking a
verdict. Judge Straw 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.
(vi) Polling the Jury
Judge Straw will, if requested, permit the jury to be polled.
(vii) Interviewing the Jury
Judge Straw 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
Sentencing memoranda are due to Judge Straw one (1) week before the
scheduled sentencing.
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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 Straw does not favor the dual representation of defendants by a
single attorney at any criminal proceeding, apart, perhaps, from the initial
appearance.
Judge Straw requires that all relevant documents be emailed to Chambers
at
[email protected] and Donna Croce at
[email protected] in advance of court. Counsel may
contact Donna Croce (267-299-7661) if there are any questions regarding
the matters before the Court.
IV. GENERAL MATTERS
When a decision rendered by this Court is appealed, Judge Straw prefers to
receive copies of appellate briefs.
Judge Straw 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 Straw’s courtroom deputy if they have
any questions about his courtroom practices and procedures.
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