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Magistrate Judge Phillip Caraballo
United States Magistrate Judge for the Middle District of Pennsylvania
Biographical Information
For additional information, please call Chambers at: (570) 207-5710
Staff Information
Courtroom Deputy:
(570) 207-5712
Chambers:
(570) 207-5710
Judge Tabs
Communication
Written correspondence from counsel to the court.
Judge Caraballo accepts letters to communicate procedural information, discovery disputes, and information about settlement efforts. Any application for an order, including an application for an extension of time, must be made by motion. Counsel should not copy the court on correspondence between one another unless specifically directed by the court.
All correspondence with the court shall be placed on the docket.
All requests for court action on a pending matter, other than discovery disputes, shall be presented by motion in compliance with the
Middle District of Pennsylvania Local Rules
. Discovery disputes should be raised by written correspondence filed to the docket in the subject case, prior to any formal motion practice.
Use of telephone, video, and in-person conferences.
Judge Caraballo prefers in-person pre-trial and settlement conferences. Discovery, case management, scheduling, and status conferences may be conducted telephonically or via video teleconference, when appropriate.
Inquiries
Any inquiries concerning cases, including scheduling and procedures, should be directed to Judge Caraballo's Courtroom Deputy, Sheri Slusser.
Copies of Papers
Courtesy copies of motions, briefs, and other writings for chambers
Courtesy copies are unnecessary and should not be delivered to chambers unless specifically requested.
Motions
Preference regarding pro hac vice admissions.
Judge Caraballo prefers use of the special admission form available from the Clerk of Court or on the
Court’s website
.
Federal Rule of Civil Procedure 26 and Middle District Local Rule 26.1 et seq. (including your approach to initial disclosures, discovery prior to the Rule 16 conference) and preferences as to the matters encompassed within those Rules.
Judge Caraballo adheres to both federal and local rules and prefers that discovery commence prior to the Rule 16 conference. Judge Caraballo expects counsel to make all efforts to resolve discovery disputes before any discovery motion is filed, including through convening an actual and meaningful meet and confer session in person or, at the very least, by video or
telephone; not simply in the exchange of written missives
. If counsel is unable to resolve the dispute, counsel shall place a letter on the docket requesting a telephonic discovery conference and a brief description of the nature of the dispute. Judge Caraballo will attempt to resolve the dispute at the conference.
The average amount of time allowed for discovery in a standard track case and the extent to which the standard amount of time is varied.
Judge Caraballo adheres to the six-month discovery period for standard cases set forth in Middle District Local Rule 26.4, unless an extraordinary circumstance arises and a timely motion is filed.
Handling of confidentiality agreement, particularly in light of the Third Circuit’s recent opinions on the prerequisites for imposing confidentiality agreements.
Judge Caraballo does not encourage the use of confidentiality agreements unless the matter involves unusually sensitive material. Judge Caraballo prefers that counsel submit confidentiality agreements by stipulation for approval.
Preferences regarding requests for additional pages in excess of the page limitations set forth in Middle District Local Rule 7.8.
Judge Caraballo requires a motion in order to exceed page limitations.
Trial
The extent to which counsel may influence the length of the discovery period, extensions, and trial dates.
Generally, Judge Caraballo anticipates giving counsels’ joint case management plan significant weight in setting discovery and pre-trial litigation schedules. Accordingly, Judge Caraballo expects that the case management order’s dates and deadlines will not ordinarily be subject to extensions, unless an unusual circumstance is presented and a timely motion is filed.
The average amount of time allowed for discovery in a standard track case and the extent to which the standard amount of time is varied.
Judge Caraballo anticipates that six months will be the average amount of time allotted for discovery in a standard track case. Judge Caraballo expects that counsels’ agreed-upon discovery deadlines will usually be acceptable. These deadlines typically will not be extended, absent an unusual circumstance.
Procedure for scheduling trials.
Judge Caraballo will set a date certain for trial at the final pretrial conference.
Trial briefs submitted by counsel.
Judge Caraballo requires that trial briefs be submitted at least seven days prior to the final pre-trial conference, as required by Middle District Local Rule 16.6.
Counsel participation in voir dire.
Judge Caraballo conducts a general voir dire and will usually allow counsel to supplement voir dire with pre-approved questions.
Whether more than one attorney may handle trial for a party.
Judge Caraballo permits more than one attorney to handle a trial for a party and encourages practitioners to delegate trial responsibilities to associate attorneys and other less-experienced attorneys.
Pre-marking of documentary and photographic exhibits and other demonstrative evidence for trial and the date upon which exchange of exhibits is to take place, if any.
Judge Caraballo requires counsel to pre-mark and exchange exhibits and prepare exhibit lists of pre-marked exhibits prior to the final pre-trial conference. Such lists should use the format available on the district court’s website and adhere to Middle District Local Rule 16.3(b). Judge Caraballo encourages parties, where appropriate, to stipulate to the authenticity and admissibility of exhibits prior to the presentation of evidence.
Jury Instructions and Special Verdict Forms.
Judge Caraballo requires counsel to submit proposed jury instructions in accordance with Middle District Local Rule 51.1. Judge Caraballo requires that counsel jointly prepare an agreed-upon special verdict slip. Judge Caraballo ordinarily will request that parties submit proposed jury instructions and verdict slips to chambers in Microsoft Word format, in addition to filing on the docket.
General approach to settlement and non-jury cases.
Judge Caraballo will pursue settlement thoroughly in jury cases, unless agreed otherwise by counsel, but will refer all non-jury settlement discussions to another judge or mediator.
Use of Generative AI
Increased use of Artificial Intelligence (“AI”), particularly Generative AI (including, but not limited to, ChatGPT, Claude, and Grok), in the practice of law raises a number of practical concerns for the Court, including the risk that the generative AI tool might generate legally or factually incorrect information, that it might create unsupported or nonexistent legal citations, or that it may disclose confidential information in the public sphere. All parties and counsel are cautioned to verify any facts or legal citations prepared through generative AI, and to safeguard against the disclosure of confidential information.
The failure to comply with those practices may result in sanctions. Further, all parties and counsel that use Generative AI are directed to review the conclusions on pages 15 and 16 of the
Joint Formal Opinion of the Pennsylvania Bar Association and Philadelphia Bar Association regarding the use of Artificial Intelligence
and be mindful of their ethical and professional obligations before this Court.
Chief Judge Matthew W. Brann
Judge Jennifer P. Wilson
Judge Julia K. Munley
Judge Karoline Mehalchick
Judge Joseph F. Saporito, Jr.
Judge Keli M. Neary
Judge Yvette Kane
Judge Robert D. Mariani
Judge Malachy E. Mannion
Chief Magistrate Judge Daryl F. Bloom
Magistrate Judge Susan E. Schwab
Magistrate Judge Phillip Caraballo
Magistrate Judge Leo A. Latella
Magistrate Judge Sean A. Camoni
Magistrate Judge Martin C. Carlson (Recalled)
