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Magistrate Judge Leo A. Latella
United States Magistrate Judge for the Middle District of Pennsylvania
Biographical Information
For additional information, please call Chambers at: (570) 831-2556
Staff Information
Courtroom Deputy:
Dawn M. Wychock (570) 831-2556
Chambers:
(570) 831-2556
Judge Tabs
Communication
Inquiries
Any inquiries concerning cases should be directed to Judge Latella’s Courtroom Deputy at (570) 831-2556. Judge Latella does not allow communications between counsel and his law clerks, and all questions regarding scheduling and procedures should be directed to Judge Latella’s Courtroom Deputy.
Written correspondence from counsel to the court.
Judge Latella does not accept any written correspondence unless specifically directed by the court, in which case, counsel may correspond with him, provided that all counsel are copied. Counsel should not copy the court on correspondence between one another unless specifically directed by the court. 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 may be raised by written correspondence filed to the docket in the case in lieu of a formal motion practice. (See Motions tab).
Preference for the use of telephone conferences rather than in-person conferences for any category of conferences scheduled in connection with a case.
Judge Latella prefers in-person conferences, particularly when discussing settlement. If requested by the parties, he may conduct some conferences by telephone, especially Case Management Conferences, Status and Scheduling conferences and Discovery Dispute Conferences.
Copies of Papers
Courtesy copies of motions, briefs, and other writings for chambers.
Judge Latella does
not
desire courtesy copies of motions, briefs, or other filings unless specifically requested.
Motions
Federal Rule 26 and M.D. Pa. 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.
For all discovery disputes in civil matters, counsel is directed to confer with one another in an attempt to resolve the dispute without court intervention. In the event such action does not resolve the dispute, counsel is directed to file a letter to the Court (via CM/ECF) explaining the nature of the dispute and stating whether and when counsel conferred to resolve the dispute. Counsel may submit the letter jointly. If the letter is not submitted jointly, then the court will allow three (3) business days for opposing counsel to file a letter either responding to the original letter or requesting additional time to respond.
The Court will then respond by either scheduling a telephone conference or taking other appropriate action.
Prior to filing a motion to compel or any other type of discovery-oriented motions, the moving party must utilize this procedure.
All motions and supporting briefs must be filed in accordance with the Middle District of Pennsylvania Local Rules.
Trial
The extent to which counsel may influence the length of the discovery period, extensions, and trial dates
As a general rule, Judge Latella anticipates giving the joint case management plan significant weight in setting discovery and pre-trial litigation schedules. Accordingly, Judge Latella expects that the case management order’s dates and deadlines will not ordinarily be subject to extensions, unless unusual circumstances are presented and a timely motion to extend 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 Latella anticipates that six months will be the average amount of time allotted for discovery in a standard track case. Judge Latella expects that agreed-upon discovery deadlines by counsel will usually be acceptable, however, these deadlines typically will not be extended, absent unusual circumstances.
Procedure for scheduling trials, including whether a date certain for trial is assigned; if so, the amount of time prior to trial that such a date certain is assigned; and the extent to which it may be moved during the month in which it has been scheduled.
Whenever possible, Judge Latella will generally set a date for jury selection/trial in the initial case management order. Judge Latella will schedule non-jury trials by setting a date certain, after consulting with counsel.
Trial briefs submitted by counsel.
Judge Latella’s practice is to call for submission of trial briefs, as required by the local rules, prior to the final pretrial conference in a case.
Counsel participation in voir dire
.
Judge Latella conducts a general voir dire and will usually allow counsel to supplement voir dire with pre-approved questions.
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 Latella requires counsel to pre-mark and exchange exhibits, and prepare exhibit lists of pre-marked exhibits, using the format available on the district court’s website, prior to the final pretrial conference, and in accordance with M.D. Pa. Local Rule 16.3. Judge Latella 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 Latella requires counsel to submit proposed jury instructions in accordance with the local rules. Judge Latella requires that counsel jointly prepare an agreed-upon special verdict slip. Judge Latella ordinarily will request that parties submit proposed jury instructions and verdict slips to chambers in Microsoft Word format, in addition to filing via ECF.
Use of Generative AI
Increased use of Artificial Intelligence (“AI”), particularly Generative AI (including, but not limited to, OpenAI’s ChatGPT or Google’s Bard), 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. Accordingly, any party, whether appearing
pro se
or through counsel, who utilizes any generative AI tool in the preparation of any document to be filed in any matter pending before Judge Latella, must include with the document a Certificate of Use of Generative AI in which the party must disclose and certify:
The specific AI tool that was used;
The portions of the filing prepared by the AI program; and
That a person has checked the accuracy of any portion of the document generated by AI, including all citations and legal authority.
Failure to comply with this Order may result in sanctions. Further, all parties and counsel 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)
