Oral argument on motions is scheduled at the Judge’s discretion.  If a party feels strongly that oral argument is necessary, that party should file a motion seeking argument.  

 

 

Judge Farrish will occasionally rule from the bench, particularly in discovery disputes or where a prompt resolution is necessary.

 

 

In cases assigned to Judge Farrish for resolution on the merits, he may request that a parajudicial officer or other Magistrate Judge handle a settlement conference.

 

 

Judge Farrish considers the filing of a timely and carefully-considered Rule 26(f) report to be critical to the efficient administration of litigation.  Provided counsel are reasonable and efficient in the selection of deadlines for the completion of discovery and the filing of dispositive motions, the Rule 26(f) report will usually serve as the basis for the initial scheduling order in the case.  Once it is set, the schedule for completing discovery, filing dispositive motions and filing a joint trial memorandum shall not be modified except by further order of the Court on a showing of “good cause” as defined in Local Rule 16(b).  

 

When discovery disputes are referred to Judge Farrish by a District Judge, he follows any procedures that judge may have established for resolving them.  When discovery disputes emerge in a case that has been assigned to Judge Farrish for all purposes, or in a case referred by a District Judge who has no special procedures for resolving them, those disputes should be raised by a written motion that complies with Local Rule 37.  Judge Farrish does not accept phone calls on discovery disputes except in emergency situations (e.g., a deposition impasse with out-of-state deponents) and with counsel for all parties on the line.

Settlement

Before scheduling a settlement conference, Judge Farrish will hold a brief telephone conference with counsel to set a date for the settlement conference and to discuss what information should be exchanged in advance.  A detailed settlement conference order will then issue.  While this order will be tailored to the needs of the individual case, ordinarily it will direct the parties (a) to exchange demands and offers prior to the conference; (b) to submit confidential, ex parte settlement memoranda at least five business days before the conference; and (c) to attend the conference in person.

 

Judge Farrish does not allow letter briefs.  Formal motions should be filed.  

 

 

Sur-reply briefs may not be filed without prior permission of the Court.  If a party believes that a sur-reply is necessary, that party should file a motion seeking permission to sur-reply.  

 

 

Motions for extension of time should not be filed routinely and must comply with Local Rule 7(b).  

 

Judge Farrish does not have any chambers copy requirements beyond those stated in the Electronic Filing Order applicable to the case.