CHAMBERS PRACTICES AND PROCEDURES OF
MAGISTRATE JUDGE CHRISTOPHER B. BROWN
I. GENERAL MATTERS
A. Communications with the Court
Unless otherwise specified in these practices and procedures, communication
with the Court should be in the form of motions (rather than letters to
Chambers), accompanied by a proposed order specifying the relief requested.
Requests for the rescheduling of conferences may be made by email to
[email protected]. All counsel shall be copied on the email
and the parties should set forth alternative conference dates on which all
counsel agree. Otherwise, such requests are to be made by motion stating
whether all counsel consent to rescheduling and setting forth alternative
conference dates on which all counsel agree.
B. Communications with Chambers
Counsel may contact Chambers staff to discuss administrative matters only.
C. Video and Telephonic Conferences
As appropriate, the Court may conduct conferences or other proceedings by
telephone or video. If a proceeding is to be conducted via telephone or video,
Chambers will supply log-in information to counsel and unrepresented
parties in advance of such proceedings.
D. Attendance of Necessary Counsel
All parties (other than those proceeding pro se) shall be represented at any
conference by counsel who is a member of the Bar of this Court, or who has
been specially admitted, has entered an appearance of record, and is
sufficiently familiar with all legal and factual matters involved in the action
to allow counsel to meaningfully and fully participate in the proceedings.
At all conferences, counsel shall be prepared to discuss in detail and argue
any pending motions, and to discuss settlement. Counsel are expected to
confer with one another prior to any conference with the Court to review
any issue which may be raised at such conference and to provide their
respective positions on all such matters.
E. Pro Hac Vice Admissions
Pro hac vice motions are routinely granted, as long as all of the
requirements of Local Rule 83.2.B. are met.
F. Comments to the Media
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Attorneys are expected to adhere to the Rules of Professional Conduct in all
dealings, including those with the media.
II. MOTIONS PRACTICE
A. Rule 12 Motions
If a defendant determines that a Rule 12 motion is appropriate, defense counsel
must first meet and confer with plaintiff’s counsel before filing such a motion to
determine whether any purported defects with the complaint can be cured. Any
motion to dismiss must be accompanied with a certificate stating that the
defendant has made good-faith efforts to confer with the plaintiff to determine
whether the identified pleading deficiencies properly may be cured by
amendment. Rule 12 motions that do not contain the required certification will
be stricken. This requirement applies to all Rule 12 motions, including motions
for judgment on the pleadings under Rule 12(c).
B. Oral Argument
Oral argument is reserved for factually or legally complex matters. The
parties may file a motion requesting oral argument although such motions
are generally disfavored. If the Court deems oral argument is appropriate,
an Order will issue. The Court does not set aside a specific day or time for
argument of motions.
C. Briefs
Except for motions for extension of time, all motions must be accompanied
by a brief. The supporting brief must be filed contemporaneously with the
motion.
1. Page Limitations
Unless otherwise ordered, supporting and responsive briefs for
dispositive motions are limited to twenty-five (25) pages. Supporting
and responsive briefs regarding non-dispositive motions are limited to
ten (10) pages. For good cause, parties may move for leave to exceed
these page limitations.
2. Reply Briefs
If the Court requires that a party submit a reply brief, the Court will
so state in the briefing order entered on the motion. Reply briefs shall
not exceed five (5) pages. No sur-reply brief to a motion shall be filed
without leave of Court.
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3. Citation to Unpublished Opinions
When citing to unpublished opinions, counsel are to use the Westlaw
citation rather than the LEXIS citation.
4. Font and Format
All motions and briefs shall use a font not smaller than 12, double-
spaced with one-inch page margins. Footnotes shall use a font not
smaller than 12 and may be single spaced.
D. Chamber Copies of Motion Papers
Because all motions and briefs filed with the Court are available on CM/ECF,
courtesy copies should not be forwarded to the Court unless requested by the
Court.
E. Scheduling
Unless a separate briefing order issues, responses to non-dispositive motions
shall be filed within fourteen (14) days of service, and responses to dispositive
motions shall be filed within thirty (30) days of service.
Summary judgment motions are generally scheduled to be filed within thirty
(30) days of the close of discovery. Counsel must follow Local Rule 56.
F. Evidentiary Hearings
The scheduling of evidentiary hearings is determined on a case-by-case basis.
G. Proposed Orders
In accordance with the Local Rules, all motions shall be accompanied by a
proposed order of court. The proposed order shall include language detailing
the specific relief sought, and not simply that the motion “is granted.”
H. Motions to Seal
All motions to seal any document or proceeding must set forth the specific
factual and legal basis and necessity for sealing under prevailing law. Any
order sealing any matter is subject to being vacated upon the motion of any
party, any interested person, or by the Court on its own motion. Absent
exceptional circumstances, any proposed Order must include this language:
“The Order may be vacated and sealing lifted for cause shown upon the
motion of any party or other person with a recognized interest, or after due
notice by the Court upon the Court’s own motion.” The parties are reminded
that all proceedings in federal court are presumptively open to the public,
including those in which “sealed” material may discussed.
III. CIVIL CASES
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A. Pretrial Procedures
1. Local Rule 16.1
The Court uses a standard case management order form based on
Local Rule 16.1.
2. Conferences
a. Initial Case Management Conferences
The Court will issue a scheduling order for the initial case
management conference after the filing of an answer by all
defendants. Lead counsel shall attend the initial case
management conference, but the parties need not attend unless
otherwise ordered.
The following matters are generally discussed at the initial
case management conference: (1) length of time needed for
discovery; (2) ADR/settlement elections; (3) the Court's
standing Order on Motions Practice; and (4) dates that will
control pretrial scheduling.
b. Mid-Discovery Conferences
A mid-discovery video conference will take place after the
completion of ADR. The Court will provide log-in information
to counsel and unrepresented parties in advance.
The following matters are usually discussed at the mid-
discovery video conference: (1) outcome of ADR; (2) progression
of discovery; and (3) need for expert discovery, if not
determined at the initial case management conference.
The parties need not submit an updated confidential position
statement prior to a mid-discovery video conference.
c. Post-Discovery Conferences
A post-discovery conference will be scheduled after the close of
discovery. Lead counsel must attend, and the Court will
inform counsel if attendance by the parties is necessary.
Counsel shall be prepared to discuss all other pretrial
deadlines, and the possibility of returning to ADR.
d. Settlement Conferences
In some instances, the Court will hold a settlement conference
in a case. The Court requires lead counsel and their clients, or
persons with authority, including insurance companies, to
attend all settlement conferences. In the event that counsel
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has full authority to negotiate a settlement, the client may be
permitted to participate by telephone or video conference on an
as-needed basis.
e. Other Conferences
Additional case management conferences may take place at the
request of counsel or at the Court's discretion.
3. Settlement
The Court will explore the possibility of resolving the case short of
continued litigation at each stage of litigation and may suggest
arbitration, early neutral evaluation, mediation, or other forms of
ADR.
Except for social security appeals, petitions for habeas corpus and
prisoner civil rights cases, all cases are required to participate in the
Court's ADR program pursuant to Local Rule 16.2. Absent good cause
shown, the ADR process shall occur within sixty (60) days of the
initial case management conference.
4. Confidential Position Statements
Unless otherwise ordered, at least ten days prior to a scheduled initial
case management conference or post-discovery status conference, the
parties shall submit to the Court a confidential position statement.
The statements shall be emailed to
[email protected]. To ensure candor, the position
statements shall not be filed on the docket, nor served upon the
opposing party, and the Court will not disclose the content of any
statement to opposing counsel. The confidential position statement
shall not exceed three (3) pages and shall include the following:
a. A brief statement of the facts of the case;
b. A brief statement of the claims and defenses, including
a forthright evaluation of the parties' likelihood of
prevailing on the claims and defenses, and a description
of the major issues in dispute;
c. An estimate of the cost and time to be expended for
trial;
d. The relief sought; and
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e. The party's position on settlement, including present
demands and offers and history of past settlement
discussions, offers, and demands.
The parties shall not attach exhibits to the confidential position letter.
If the matter involves a non-jury trial, the parties shall not submit
confidential position letters.
5. Extensions and Continuances
Requests for extensions of time and continuances shall be presented
by written motion, contain supporting facts and indicate the position
of opposing counsel. Any such motion shall include a proposed
scheduling order adjusting any dates affected by an extension or
continuance. Reasonable extensions generally will be granted. For
requests for extensions submitted after the filing deadline has passed,
the moving party shall show excusable neglect pursuant to Fed. R.
Civ. P. 6(b)(1)(B).
B. Discovery Matters
1. Length of Discovery Period and Extensions
The Court solicits input from counsel on the anticipated length of
discovery required. In this regard, counsel must comply with Local
Rule 26, the provisions of Fed. R. Civ. P. 26, and must file the written
report required by Fed. R. Civ. P. 26(f) proposed discovery plan prior
to the initial case management conference. Generally, one-hundred
and fifty (150) days are allowed for discovery.
2. Expert Witnesses
The Court has no specific practice regarding expert discovery, but generally
disfavors expert discovery taking place after the close of fact discovery. The
parties shall definitively state their position on using experts at the mid-
discovery video conference.
3. Deposition and Discovery Disputes
It is the Court’s practice not to take phone calls from the parties for
disputes arising during a deposition. The parties shall place the
objection on the record and continue the deposition.
For all other discovery disputes, prior to filing any discovery motions,
the parties shall first meet and confer in an attempt to resolve the
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dispute as required by Federal Rule of Civil Procedure 37(a)(1). If the
matter is still unresolved after meeting and conferring, then the
parties shall jointly email
[email protected]
setting forth a brief summary of the dispute. The summary shall not
exceed a few paragraphs nor include any exhibits. The Court will
schedule a conference to discuss the dispute. Any discovery motions
filed without first contacting the Court to resolve the issue will be
summarily denied.
4. Stay of Discovery
The Court will not stay discovery pending the ADR process. The
Court will discuss requests for limited discovery deemed necessary to
conduct a meaningful ADR session at the initial case management
conference. A stay may be sought by motion but will be granted only if
the right to relief is clear or some other compelling reason exists.
5. Limitations on Discovery
The Court follows the Federal Rules of Civil Procedure on this matter
and does not impose additional restrictions or limitations.
6. Rule 11 Motions and Rule 37 Sanctions Motions
Counsel are expected to comply with the Federal and Local Rules. The
Court will issue a briefing order on any sanctions motion.
C. Preliminary Injunctions
Either upon consent of the parties or referral by a District Court Judge, a briefing
schedule will be issued, and a hearing date will be scheduled. Requests for
and the use of expedited discovery are considered on a case-by-case basis.
D. Trial Procedures
1. Scheduling of Cases
For cases in which the parties have consented to jurisdiction before a
magistrate judge, a date certain will be given for trial following the
resolution of any Rule 56 motion or, if none are filed, after the post-
discovery status conference. The Court will enter a comprehensive
pretrial order at that time. Vacation schedules and
personal/professional obligation conflicts of the attorneys, parties and
witnesses will be accommodated where possible. Should a conflict
arise, counsel must notify the Court as soon as possible.
2. Pretrial Conferences
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In some cases, the Court’s law clerk will conduct a preliminary
pretrial conference. The following matters are generally discussed at
the preliminary pretrial conference: (1) compliance with the pretrial
order; (2) exhibit charts; (3) courtroom technology; and (4) counsel’s
questions regarding trial procedure.
The Judge will conduct a final pretrial conference approximately one
week before the commencement of trial. At the final pretrial
conference, the Court will rule on witness lists, exhibits, motions in
limine, jury instructions (to the extent feasible), voir dire, verdict slips
and any other pretrial matters will be discussed, in detail, and
generally ruled upon.
3. Trial Hours/Days
Generally, cases will be tried Monday through Friday, 9:00 a.m. to 5:00
p.m., with breaks when appropriate. The Court will meet with counsel
before and after these appointed times to discuss trial/evidentiary
issues, and before the afternoon session.
Counsel must be available at 8:30 a.m. (or earlier if necessary to
ensure that trial commences on time) and after the jury has been
dismissed at the end of the trial day to meet with the Court concerning
scheduling, trial problems, and to obtain advance rulings on
evidentiary or other issues.
4. Motions In Limine
The filing date for motions in limine will be set forth in the pretrial
order. Motions in limine and supporting briefs are expected prior to
trial and a date for filing the same will be set at the final pretrial
conference. Generally, the Court will rule on these motions prior to
trial. Counsel shall comply with Local Rule 16.1.C.4 with respect to
all motions in limine.
5. Voir dire
The filing date for proposed voir dire questions will be set forth in the
pretrial order. The Court or the Courtroom Deputy will conduct the
voir dire.
6. Use of Courtroom Technology
If the parties intend to use courtroom technology and require training or
other information on its use, the parties may contact the Court’s
Courtroom Deputy. The parties are welcome to contact Chambers to
schedule a time to visit the courtroom and review the available
technology.
7. Notetaking by Jurors
The Court usually allows jurors to take notes unless counsel
articulates a valid objection prior to the commencement of trial.
8. Side Bars
Side bars will be permitted when necessary, by permission of the
Court. Counsel should anticipate matters to be discussed outside of
the jurors' presence and raise them either at the beginning or end of
each trial day.
9. Examination of Witnesses Out of Sequence
Examination of a witness out of sequence is permitted, either within
the party’s own case or within an opposing party’s case and on a
showing of good cause or consent of all parties.
10. Opening Statements and Summations
The Court may impose time limits on opening statements and
closing arguments. The Court will determine those limits at the
final pretrial conference. Defense counsel may defer opening
statements.
11. Examination of Witnesses or Argument by More than One
Attorney
Only one attorney for each party may conduct an examination of
any one witness and may argue any one motion or point.
12. Examination of Witnesses Beyond Direct and Cross
Redirect and recross of a witness will be permitted but may not exceed
the scope of the immediately preceding line of questions.
13. Videotaped Testimony and Reading Deposition Testimony
in Lieu of Live Testimony
The use of videotaped testimony and reading deposition testimony
into the record in lieu of live testimony are generally disfavored. If a
party intends to use videotaped testimony and/or read deposition
testimony into the record, the party must file a motion in accordance
with the pretrial order prior to the initial pretrial conference and
show good cause as to why live testimony is not feasible.
14. Reading of Material into the Record
The Court has no special practice regarding reading deposition
testimony, stipulations and the like into the record. It will be
considered on a case-by-case basis.
15. Exhibits
All exhibits must be listed in the Pretrial Statements. Plaintiff(s)
shall use numbers; defendant(s) shall use letters. The parties are
expected to comply with Local Rule 16.1.C.5 by exchanging exhibits
prior to the final pretrial conference, unless otherwise ordered by the
Court, and should be prepared to indicate a position at the final
pretrial conference with regard to the authenticity and admissibility of
the opponent's exhibits. All exhibits shall be marked before trial.
Exhibits may be introduced out of sequence.
Counsel shall give notice to opposing counsel and obtain the Court's
approval in advance for use of any visual aid(s) or demonstrative
exhibits during opening statements. Otherwise, visual aids are
permitted during trial and should be marked and offered into
evidence as with any other exhibit.
Counsel for each party will be expected to provide four (4) tabbed
exhibit binders to the Court and one (1) binder to counsel for each
opposing party in advance of trial.
16. Directed Verdict Motions
The Court does not have any special requirements beyond those set forth
in the Federal Rules of Civil Procedure. Motions may be made orally or
in writing.
17. Jury Instructions and Verdict Forms
The Court requires counsel to confer and submit a single set of
agreed upon jury instructions and a proposed verdict form, and to
submit to Chambers via
[email protected] an
electronic copy of said jury instructions and verdict form in Microsoft
Word format. To the extent that the parties cannot agree on a
particular instruction or form, the various versions proposed by the
parties and/or any objections shall be included where appropriate in
the document, placing competing versions of a given instruction one
after the other, and objections to a given instruction immediately
following the contested instruction.
The date for filing same will be set in the pretrial order. The Court
will hold a charging conference at which time counsel will receive the
final charge and verdict form to be given to the jury.
18. Proposed Findings of Fact and Conclusions of Law
In any non-jury trial, the Court will order the parties to submit
proposed findings of fact and conclusions of law. The parties are
required to separately submit to the Court their respective proposed
findings and conclusions in Microsoft Word format to
[email protected].
19. Offers of Proof
Offers of proof should not be required because the Court sets aside
time before and after a trial day to discuss trial/evidentiary matters
with counsel. Should the need arise during trial, however, the Court
does not impose any restrictions.
20. General Courtroom Rules
Counsel shall conduct themselves with courtesy and civility at all
times. The Court will not tolerate demonstrations of hostility,
discrimination or bias of any kind. All parties and party
representatives are also expected to conduct themselves in a similarly
appropriate manner.
E. Jury Deliberations
1. Written Jury Instructions
The jury will be given a written copy of the jury instructions.
2. Exhibits in the Jury Room
All admitted exhibits will be given to the jury for use in
deliberations, except those that could prove dangerous.
3. Jury Requests to Read Back Testimony or Replay
Video During Deliberations
Where appropriate, and after conferring with counsel, the Court
will permit the reading back of testimony or replaying of video to
the jury.
4. Jury Questions
Jury questions must be in writing. The Court will confer with counsel
and arrive at a satisfactory instruction/response.
5. Availability of Counsel During Jury Deliberations
Trial counsel need not remain in the courtroom during deliberations
but must be available by telephone and able to return to the
courthouse within a reasonably short period of time.
6. Interviewing the Jury
The Court will inform the jurors that they may speak to counsel but
are not required to do so. Counsel shall not approach any juror
until the Court has met with and dismissed the members of the
jury.
F. General
1. Cases Referred to Magistrate Judge for Mediation and
Settlement
The Court requires that lead counsel and a representative of each
party with full settlement authority, including a representative of any
insurance company, attend all mediations and settlement conferences
in person. It is counsel’s responsibility to ensure that the attending
representative has full settlement authority.
The Court will enter a more comprehensive scheduling order for those
cases referred to it for mediation and settlement.
2. Other Individual Practices and Procedures
The attorneys, parties and witnesses must be civil and courteous to
one another at all times.
IV. CRIMINAL CASES
Criminal cases before the Court are limited to petty offenses, misdemeanor
charges and preliminary criminal proceedings (e.g., initial appearances,
arraignments, preliminary hearings, detention hearings, etc.). Counsel
must be well prepared and have conferred with their client prior to the scheduled
criminal proceeding.
