Judicial Practice and Procedures
Judge Paul S. Diamond
I. SERVICE OF THE COMPLAINT
Plaintiff(s) shall serve the Complaint expeditiously in accordance with
Federal Rules of Civil Procedure 4 and 5. Any Defendant not timely served
under Rule 4(m) shall be dismissed from the action without prejudice.
II. ELECTRONIC FILING
In accordance with Local Rule 5.1.2, I require that the Parties file
electronically all documents via Electronic Case Filing. The Parties shall file all
stipulations and proposed orders on the docket via ECF. Stipulations and
proposed orders should not be delivered to the Clerk of Court.
III. ASSIGNMENT TO MAGISTRATE JUDGE
The Parties may consent to have a magistrate judge preside over all
proceedings, including trial. See 28 U.S.C. § 636.
The consent form is available on the Court’s website at
http://www.paed.uscourts.gov/documents/handbook/forms/app_q1.pdf.
IV. PRELIMINARY PRETRIAL CONFERENCE
Pursuant to Rule 16, a Preliminary Pretrial Conference shall be held in
Chambers as soon as practicable after a responsive pleading to the Complaint is
filed. Lead Counsel shall attend the conference, be familiar with all aspects of the
case, and have full authority to negotiate an amicable settlement. Counsel shall be
accompanied by his or her client, or, in the case of corporate parties, a
representative with full settlement authority. Requests to appear telephonically or
via Zoom will not be granted.
V. DISCOVERY
A. Discovery Disputes Should Generally Be Settled by the Parties.
Discovery shall begin as soon as possible. I am not inclined to grant any
extensions respecting the discovery or other case-related deadlines. In ordinary
circumstances, I expect that discovery will be well underway by the date of the
Preliminary Pretrial Conference.
I expect Counsel to comply with the Federal Rules of Civil Procedure
and all Local Rules respecting discovery. In accordance with Rule 1 and the
conciliation requirements of Local Rule 26.1(f), Counsel shall make reasonable
efforts to resolve discovery disputes among themselves in an expeditious and
professional manner. Before bringing a discovery dispute to my attention,
Counsel must certify that they have made a reasonable effort to resolve the
dispute.
Counsel shall bring any unresolved discovery disputes to my attention as
soon as possible. Counsel shall email a brief letter describing the dispute to
Chambers (
[email protected]) and
attach the disputed discovery request as an exhibit. Unless otherwise ordered,
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discovery will not be stayed while any motion is pending, including any motion
to dismiss and/or motion for protective order. Ordinarily, I will schedule a
telephone conference to resolve the discovery motion promptly after it is filed—
usually before any response is due.
If a dispute arises during a deposition, I expect Counsel to phone
Chambers during the deposition so that I can resolve the dispute immediately.
B. Objections to Rule 34 Discovery Requests
In objecting to a discovery request served under Rule 34, the Parties shall
“state with specificity the grounds for objecting to the request, including the
reasons.” Fed. R. Civ. P. 34(b)(2)(B). “An objection must state whether any
responsive materials are being withheld on the basis of that objection. An
objection to part of a request must specify the part and permit inspection of the
rest.” Id. 34(b)(2)(C). General objections will rarely be appropriate and may
be punished by the imposition of sanctions.
C. Length of Discovery Period and Deadline Compliance.
The complexity of the case will dictate the amount of time allowed for
discovery, which I will determine at the Preliminary Pretrial Conference.
Generally, 30 to 75 days will be sufficient time for discovery unless the case
is complex or otherwise out of the ordinary.
I look unfavorably on attempts to ambush opposing Counsel with the
production of evidence or witnesses past the applicable cutoff date in the Case
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Management Order. I take these dates seriously and expect Counsel to do so as
well.
D. Accidental Disclosure of Privileged Material
Before the Preliminary Pretrial Conference, the Parties shall enter into a
written clawback agreement stipulating to the treatment of privileged
information accidentally disclosed in connection with the litigation pending
before the Court. Fed. R. Evid. 502(e); see also Fed. R. Civ. P. 26(b)(5)(B). By
and through this Order, any privileged communications or materials covered by
the clawback agreement shall be protected to the extent permited by law. Fed.
R. Evid. 502(d). The Parties shall file the signed clawback agreement on the
docket along with their Rule 26(f) Memorandum no later than seven days
before the Preliminary Pretrial Conference.
VI. MOTIONS PRACTICE
A. Length and Format of Motion Papers.
All motion papers must be double-spaced and prepared in 14-point,
Times New Roman font, with margins of not less than one inch. Supporting
memoranda of law shall not exceed twenty-five (25) pages (exclusive of table
of contents and table of authorities), and replies shall not exceed twelve (12)
pages. Declarations and affirmations shall be limited to twenty (20) pages each.
I will grant Parties leave to exceed these page limits only upon a showing of
good cause.
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B. Reply, Sur-reply, and Supplemental Briefs.
Unless otherwise ordered, I will accept reply or supplemental briefs, but
normally will not await a reply brief before ruling. All reply briefs must be
submitted within fourteen (14) days of the response brief unless otherwise
ordered. All sur-reply briefs must be submitted within seven (7) days of the
reply brief. Reply and sur-reply briefs shall not include declarations or exhibits.
C. Rule 56 Motions.
When moving for summary judgment pursuant to Federal Rule of Civil
Procedure 56, the moving party shall file a separate, short, and concise
statement of material facts, in numbered paragraphs, as to which the moving
party contends there is no genuine issue to be tried. Failure to include a
statement of material facts may constitute grounds for denial of a motion for
summary judgment.
The non-moving party shall include a correspondingly numbered
paragraph responding to each numbered paragraph in the statement of the
moving party.
Statements of material facts in support of or in opposition to a motion
shall include specific supporting record cites. All material facts set forth in the
statement required to be served by the moving party may be deemed admitted
unless controverted by the opposing party.
D. Mandatory Chambers Copies.
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When moving for summary judgment pursuant to Federal Rule of Civil
Procedure 56, the moving party shall deliver a copy of the filings for the Motion
to Chambers no later than 12:00 noon the following business day. Chambers
copies shall be printed single sided on opaque white paper of high quality.
If documentary evidence in support of or in opposition to a motion
exceeds 50 pages, the evidence shall be delivered to Chambers in hard copy. The
documents shall be placed in a three-ring binder, with an index and with each
item of evidence separated by tab dividers on the right side. Counsel shall ensure
that all documents are legible.
Parties need not submit courtesy copies of cases that are available on
Lexis or Westlaw with their motion papers.
E. Oral Argument.
I generally will not require oral argument on motions.
VII. TRIAL PRACTICE
A. Scheduling of Cases.
I will schedule a trial date immediately following the Preliminary Pretrial
Conference.
B. Conflicts of Counsel.
If Counsel become aware of professional or personal conflicts that may
affect the trial schedule, they shall notify the Civil Deputy or my Law Clerks
immediately.
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C. Trial Date Extensions.
I am extremely reluctant to grant continuances of trial dates.
D. Stipulations of Counsel.
Counsel shall agree upon or stipulate to as many matters as possible before
trial.
E. Order of Proof.
I require Counsel each day to inform the Court and opposing Counsel of
the witnesses he or she expects to call the next trial day.
VIII. CONTINUANCES OR EXTENSIONS OF TIME
Requests for continuances and extensions will generally not be granted.
A motion to continue or extend the date of any matter or deadline must be
supported by a detailed declaration demonstrating good cause for the
continuance. The motion must also indicate whether there have been previous
requests for continuances or extensions and whether I have granted or denied
those requests.
Counsel shall include proposed orders when requesting continuances or
extensions. Counsel must submit any request for a continuance or extension no
later than five (5) business days before the scheduled date. Requests
submitted after that time shall be denied absent a showing of compelling
circumstances (e.g., serious bodily injury or illness). All requests must be filed
via ECF.
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Any late filing may be docketed only with leave of Court and upon a
showing of good cause. Counsel shall file a motion for leave to file out of time,
supported by a declaration demonstrating good cause, and shall attach the late
filing as an exhibit.
IX. COMMUNICATION WITH LAW CLERKS
I permit Counsel to speak with my Law Clerks on scheduling and
procedural matters only.
X. CASES ON APPEAL
I expect to receive a courtesy copy of any briefs filed in appeals from my
decisions.
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