Instructions Concerning Default Judgment Procedures; Standing Order Regarding Courtroom Opportunities for Relatively Inexperienced Attorneys; Standing Order Regarding Appearance of Counsel via Telephone or Videoconference; Standing Order Regarding Summary Judgment Motion Practice; Scheduling Confere

=== Instructions Concerning Default Judgment Procedures ===

INSTRUCTIONS CONCERNING DEFAULT JUDGMENT PROCEDURES Judge Guzman United States District Court Generally, a party is in “default” if it has failed to plead or otherwise respond in a timely fashion to a pleading seeking affirmative relief against the party. See Fed. R. Civ. P. 55(a). For example, if a summons and complaint have been served on a defendant, who then fails to respond to the complaint within the allotted time, see Fed. R. Civ. P. 12(a), (b), the defendant is in default. Entry of default is an interlocutory order—entered in anticipation of a final judgment—formally recognizing that a party has failed to plead or otherwise defend. United States v. $23,000 in United States Currency, 356 F.3d 157, 163 (1st Cir. 2004). Entry of a default formalizes a judicial recognition that a defendant has, through its failure to defend the action, admitted liability to the plaintiff. City of N.Y. v. Mickalis Pawn Shop, LLC, 645 F.3d 114, 128 (2d Cir. 2011). Rule 55 provides a “two-step process” for the entry of judgment against a party who fails to defend: 1. The entry of default. 2. The entry of a default judgment. To secure the entry of default, the requesting party typically files a motion with the clerk. See Fed. R. Civ. P. 55(a). “Entry of default” occurs when the clerk of the court makes a notation of a party’s default on the clerk’s record of the case. See Fed. R. Civ. P. 55(a); Dow Chem. Pac. v. Rascator Mar. S.A., 782 F.2d 329, 335 (2d Cir. 1986). A party’s default has no legal effect until an adversary takes action to secure entry of the default or to obtain a default judgment. See Fed. R. Civ. P. 55(a), (b). Once the clerk has entered a default on the docket the requesting party may file a motion for entry of default judgment under Rule 55 of the Federal Rules of Civil Procedure. Such motions are subject to the following requirements: 1. If the moving party proceeds pursuant to Fed. R. Civ. P. 55(b)(1), it shall submit affidavits and other supporting documentation, as necessary, in order to establish (a) that the claim against the defaulting party is for a sum certain (or a sum which can, by computation, be made certain); (b) that the defaulting party is not an infant, an incompetent person, or in the military service of the United States; (c) the extent of the damages that were caused by the party in default; and (d) any costs incurred. The defaulting party will not be subject to a judgment by default pursuant to Rule 55(b)(1) unless the default is for failure to appear. The moving party must also complete and file the form of proposed judgment, see Appendix A. 2. If the moving party proceeds pursuant to Fed. R. Civ. P. 55(b)(2), it shall submit affidavits and other supporting documentation, as necessary, in order to establish (a) that the defaulting party is not an infant, an incompetent person, or in the military service of the United States; (b) that the extent of the damages that were caused by the defaulting party; and (c) any costs incurred. 3. All such affidavits and supporting documentation shall be completed no later than 14 days after the filing of the motion. 4. The defaulting party shall have an opportunity to file an opposition to the motion and to request a hearing, provided, however, that it has appeared in the action. 5. The Court may take up the motion for default judgment on the papers, conduct a hearing, or make such other orders as it deems necessary and proper. If the motion for default judgment fails to comply with Fed. R. Civ. P. 55 or these instructions, the motion may be denied with or without prejudice. The Court may decline a request for interest, costs, or attorneys’ fees in the matter where the party has failed to comply with such procedural requirements. 6. The moving party shall file its motion for entry of default judgment within 30 days of the date of the entry of default. If for any reason, the moving party cannot do so, it shall demonstrate good cause why it cannot comply with these instructions and why the case should remain on the docket. Otherwise, the Court may dismiss the moving party’s claims for want of prosecution. Appendix A UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS v. Plaintiff(s) Defendant(s) CIVIL ACTION NO. PROPOSED DEFAULT JUDGMENT UNDER FED. R. CIV. P. 55(b) , D.J. Defendant having failed to plead or otherwise defend in this action and [its/his/her] default having been entered; Now, upon application of [insert name of moving party] and affidavits demonstrating that defendant owes plaintiff the sum of $ , that defendant is not an infant or incompetent person or in the military service of the United States, and that plaintiff has incurred costs in the sum of $ ; It is hereby ORDERED, ADJUDGED, AND DECREED that plaintiff recover from defendant the principal amount of $ , with costs in the amount of $ and prejudgment interest at the rate of % from to in the amount of $ _____________, for a total judgment of $ with any post-judgment interest as provided by law. By the Court, Dated: [ ] Deputy Clerk

=== Standing Order Regarding Courtroom Opportunities for Relatively Inexperienced Attorneys ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS STANDING ORDER REGARDING COURTROOM OPPORTUNITIES FOR RELATIVELY INEXPERIENCED ATTORNEYS GUZMAN, J. April 6, 2026 Courtroom opportunities for relatively inexperienced attorneys, particularly those who practice at larger law firms, have declined precipitously. In 2005, Judge Saylor issued a standing order governing practice in his session which remains in effect and specifically encourages participation of relatively inexperienced attorneys in all court proceedings. I believe that the future of the legal profession depends on incorporating and encouraging the participation of well-prepared junior attorneys, and not just regarding basic, procedural appearances. I strongly encourage the participation of relatively inexperienced attorneys in all court proceedings including initial scheduling conferences, status conferences, hearings on discovery as well as dispositive motions, and examination of witnesses at evidentiary hearings and trials. In addition, I strongly encourage the participation in court of the attorney who wrote the substantial majority of the papers giving rise to the proceeding before the Court. The following cautions regarding professionalism, authority, and supervision shall apply. First, all attorneys appearing in this court, including those who are relatively inexperienced, will be held to the highest professional standards. In particular, all attorneys appearing in court, regardless of experience, are expected to be appropriately prepared. For example, any attorney who is arguing a motion is expected to be thoroughly familiar with the factual record and applicable law pertinent to that motion. Second, all attorneys appearing in court should have a degree of authority commensurate with the proceeding that they are assigned to handle. For example, an attorney appearing at a scheduling conference ordinarily should have the authority to propose and agree to a discovery schedule and any other matters reasonably likely to arise at the conference. Third, relatively inexperienced attorneys who seek to participate in evidentiary hearings of substantial complexity, such as examining a witness at trial, should be accompanied and supervised by a more experienced attorney, unless leave of Court is granted otherwise. Counsel are encouraged to seek additional guidance from the Court in particular cases concerning the scope or application of this policy. SO ORDERED. /s/ Margaret R. Guzman United States District Judge 2

=== Standing Order Regarding Appearance of Counsel via Telephone or Videoconference ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS STANDING ORDER REGARDING APPEARANCE OF COUNSEL VIA TELEPHONE OR VIDEOCONFERENCE GUZMAN, J. April 6, 2026 The Court notes that during any telephonic and/or video proceedings, it is important that all participants, including counsel, endeavor to ensure that an accurate record of the proceedings is maintained as all such proceedings are being transcribed by the court reporter. In furtherance of that interest, the Court adopts the following requirements as to videoconferences: 1. The Court reminds counsel, and all participants to any proceedings, of the prohibition against any recording or broadcast of court proceeding under Local Rule 83.3(a) (and, in criminal cases, under Fed. R. Crim. 53). 2. Use the mute function if you are not speaking. 3. If the videoconference is through Zoom, please use both the video and audio features. If you will not have access to a computer/laptop/phone with a camera to use the video feature on Zoom, please contact Suzanne Frisch, the courtroom deputy in advance of the proceeding. 4. If the videoconference is through Zoom, please ensure that your device will identify you by first name and last name on the screen (not by initials or phone number). 5. Please remember to speak slowly and clearly. As to telephonic appearances, requirements one and four above apply along with the following requirements: 5. To the extent that counsel can call on a land line, please do so. It greatly enhances the quality of the transmission. 6. Please do not use the speaker function on your phone. 7. Please do not enable or use a voice activated system. 8. While on the phone, it is particularly important that counsel not speak over other participants. Please pause before speaking so you do not risk doing so. 9. Before speaking, identify yourself again for the record. So Ordered. /s/ Margaret R. Guzman Margaret R. Guzman United States District Judge

=== Standing Order Regarding Summary Judgment Motion Practice ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS STANDING ORDER REGARDING SUMMARY JUDGMET MOTION PRACTICE GUZMAN, D.J. The Court has adopted the following motion practices governing summary judgment in all civil cases in this session unless, upon motion for good cause shown or sua sponte, the Court orders otherwise. A. Compliance with Local Rules: Counsel shall review and adhere to all relevant Local Rules,1 paying particular attention to the following: 1. Obligation to Confer: Counsel are reminded of their obligation to confer in good faith to resolve or narrow any issues prior to filing any motion, as set forth in L.R. 7.1(a)(2) and L.R. 37.1. Failure to do so may result in a denial of the motion. 2. Page Limits: Please review the following sections for page limits for each summary judgment filing. 3. Form and Filing of Papers: Counsel are reminded of the requirements set forth in L.R. 5.1, requiring, inter alia, double spacing, as well as L.R. 7.1, concerning general motion practice, and L.R. 56.1, governing motions for summary judgment. B. Deadlines and Procedures for Summary Judgment Motions: The following deadlines and procedures shall apply to motions for summary judgment: 1. Motion: The moving party shall comply with the time frames designated in the applicable Federal Rules of Civil Procedure, relevant Local Rules, and any schedule set by this Court. In addition to its motion, the moving party shall file a memorandum not to exceed twenty (20) pages and a statement of material facts (see Section D, infra). 2. Opposition: An opposition to a motion for summary judgment is due within twenty-one (21) days of service of the motion. See L.R. 56.1. The opposing party shall file a memorandum in opposition not to exceed twenty (20) pages and a unified statement of material facts where the party responds to the moving party’s statement of material facts (see Section D, infra). 3. Reply: The moving party may file a reply as of right within seven (7) days2 of the filing of the opposition. A reply shall not exceed five (5) pages. A motion for leave is required to file a longer reply or to obtain a longer period to reply. A 1 The Local Rules of the United States District Court for the District of Massachusetts are available on the Court’s website at https://www.mad.uscourts.gov/general/rules-home.htm. Local Forms are available at https://www.mad.uscourts.gov/resources/forms-local.htm?category=. 2 Please note, the seven (7) day limit is different than the fourteen (14) days stipulated in L.R. 56.1. 1 party replying may also file a separate response to any material facts asserted by the opposing party that have not yet been responded to. 4. Sur-Reply: A sur-reply is not permitted without leave of the Court. 5. Cross-Motions for Summary Judgment: Cross-motions for summary judgment are governed by the procedures set forth in Section C, infra. C. Cross-Motions: If both sides are filing motions for summary judgment, they shall do so as set forth below. 1. Plaintiff shall file its motion, with a memorandum not to exceed twenty (20) pages and a statement of material facts (see Section D, infra), on or before the date set forth in the Scheduling Order governing the case. 2. Within thirty (30) days of Plaintiff’s submission pursuant to Section (C)(1), Defendant shall file a single memorandum as both its memorandum in opposition to Plaintiff’s motion and its memorandum in support of its cross-motion, not to exceed thirty (30) pages, as well as a statement of material facts where Defendant responds to the Plaintiff’s statement of material facts and sets forth its own material facts (see Section D, infra). 3. Within twenty-one (21) days of Defendant’s submission pursuant to Section (C)(2), Plaintiff shall file a single memorandum as both its reply in support of its motion and its opposition to Defendant’s cross-motion, not to exceed twenty (20) pages; and Plaintiff shall file a final unified statement of material facts that includes the prior material facts and responses from Sections (C)(1) and (C)(2), as well as Plaintiff’s responses to Defendant’s material facts. 4. Within seven (7) days of Plaintiff’s submission pursuant to Section (C)(3), Defendant may file a memorandum as its reply in support of its cross- motion, not to exceed five (5) pages. D. Statements of Material Fact 1. The moving party shall state its material facts in a numbered list in a document filed concurrently with its motion and memorandum. The header of the document should read “[Moving Party’s] Statement of Material Facts.” 2. When filing its response to the moving party’s statement of material facts, the opposing party shall create a section titled, “[Opposing Party’s] Response to [Moving Party’s] Statement of Material Facts” and list the moving party’s facts in the same numerical order as presented in the moving papers and shall state its response immediately beneath each corresponding numbered fact. 3. The opposing party shall then, in the same document but under a section titled, “[Opposing Party’s] Statement of Additional Material Facts,” list any additional material facts in support of its opposition, beginning with the number following the last number appearing in the moving party’s statement of material facts. 4. The same process shall apply for the moving party’s reply. 2 Such formatting may look like the following: [Moving Party’s] Statement of Material Facts 1. [Moving Party’s Fact and Citation to Record Evidence, Verbatim]. [Opposing Party’s] Response to [Moving Party’s] Statement of Material Facts 1. [Moving Party’s Fact and Citation to Record Evidence, Verbatim]. RESPONSE: [Not disputed/Disputed]. [If disputed, cite to record evidence showing the dispute]. …. 39. [Moving Party’s Fact and Citation to Record Evidence, Verbatim]. RESPONSE: [Not disputed/Disputed]. [If disputed, cite to record evidence showing the dispute]. [Opposing Party’s] Statement of Additional Material Facts 40. [Fact in Support of Opposition]. [Citation to Record Evidence]. 5. Local Rule 56.1 is “designed to function as a means of ‘focusing a district court's attention on what is—and what is not—genuinely controverted.’ ” Cabán Hernández v. Philip Morris USA, Inc., 486 F.3d 1, 7 (1st Cir. 2007) (quoting Calvi v. Knox Cnty., 470 F.3d 422, 427 (1st Cir. 2006 . It provides that “[m]otions for summary judgment shall include a concise statement of the material facts of record as to which the moving party contends there is no genuine issue to be tried,” and that “[a] party opposing the motion shall include a concise statement of the material facts of record as to which it is contended that there exists a genuine issue to be tried.” L.R. 56.1. The Court puts all parties on notice that the factual allegations in a movant’s statement of facts “will be deemed . . . admitted by opposing parties unless controverted by the statement required to be served by opposing parties,” accompanied by citations to the record. Id. E. Exhibits: Each party shall file its exhibits in chronological order with a descriptive table of contents. Exhibits shall be labeled by number, e.g., Exhibit 1, rather than by letter or any other reference. When filing its response, the opposing party shall file any additional exhibits beginning with the number following the last number appearing in the moving party’s exhibits. The same process shall apply to the moving party’s reply. Opposing parties shall cite to exhibits already filed, rather than filing duplicate copies. For example, the record before the Court should only contain one copy of any relevant contract, patent, ordinance, or insurance policy; parties referencing the document thereafter shall cite to its original location in the record and shall not submit additional identical copies with their subsequent filings. 3 F. Privacy Policy: The judiciary’s privacy policy restricts the publication of certain personal data in documents filed with the Court, including using only the last four digits of social security and financial account numbers, using initials for the names of minor children, limiting dates of birth to the year, and limiting home addresses to city and state. See Fed. R. Civ. P. 5.2; L.R. 83.6.11. Such information, if shared during Court proceedings, becomes available to the public when the official transcript is filed. Parties should avoid introducing this information into the record where possible. The parties shall take this into account when filing documents and making statements in Court. If a restricted item is mentioned in Court, the parties may waive any right to have it stricken or redacted thereafter. SO ORDERED. /s/ Margaret R. Guzman The Hon. Margaret R. Guzman United States District Judge 4

=== Scheduling Conference Procedural Order ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS [names(s)], v. [name(s)] Plaintiff(s), Defendant(s). Civil No. XX-XXXX-MRG NOTICE OF SCHEDULING CONFERENCE GUZMAN, D.J. The Court will hold an Initial Scheduling Conference in accordance with Fed. R. Civ. P. 16(b) and Local Rule 16.1 in a remote session on [DATE AND TIME] The court expects compliance with the terms of Local Rule 16.1, except as stated below. 1. 2. Agenda Not Required: Notwithstanding the provisions of Local Rule 16.1(B)(1), counsel are not required to prepare an agenda of matters to be discussed at the scheduling conference unless otherwise specifically directed to do so by the court. Counsel are, however, required to comply with the remaining requirements of Local Rule 16.1, including, but not limited to, the submission of a joint statement under Local Rule 16.1(D). Scheduling Order: In most cases, the court will issue a scheduling order at the conference in the form attached hereto. The court may depart from the form in cases of relative complexity or simplicity or otherwise where justice may so require. The parties should attempt to agree on the relevant dates for discovery and motion practice. In a case of ordinary complexity, the parties should propose a schedule that calls for the completion of fact discovery, expert discovery, and motion practice less than one calendar year from the date of the scheduling conference. The dates of the status conference and pretrial conference will be set by the court. 3. Discovery Event Limitations: Counsel representing parties in relatively complex matters who expect to require relief from the limitations on discovery events set forth in Local Rule 26.2(c) should be prepared to address that issue at the scheduling conference. Dated: /s/ Margaret R. Guzman United States District Judge by:/s/ Suzanne Frisch Courtroom Deputy Clerk Plaintiff, v. CIVIL ACTION NO. Defendant. SCHEDULING ORDER GUZMAN, D.J. This Scheduling Order is intended to provide a reasonable timetable for discovery and motion practice in order to help ensure a fair and just resolution of this matter without undue expense or delay. Timetable for Discovery and Motion Practice Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure and Local Rule 16.1(F), it is hereby ORDERED that: 1. 2. Initial Disclosures. Initial disclosures required by Fed. R. Civ. P. 26(a)(1) must be completed by . Amendments to Pleadings. Except for good cause shown, no motions seeking leave to add new parties or to amend the pleadings to assert new claims or defenses may be filed after . 3. Fact Discovery - Interim Deadlines. a. b. c. All requests for production of documents and interrogatories must be served by . All requests for admission must be served by . All depositions, other than expert depositions, must be completed by . 4. 5. 6. Fact Discovery - Final Deadline. All discovery, other than expert discovery, must be completed by Status Conference. A status conference will be held on . . Expert Discovery. a. b. c. Plaintiff(s)’ trial experts must be designated, and the information contemplated by Fed. R. Civ. P. 26(a)(2) must be disclosed, by . Plaintiff(s)’ trial experts must be deposed by . Defendant(s)’ trial experts must be designated, and the information contemplated by Fed. R. Civ. P. 26(a)(2) must be disclosed, by . d. Defendant(s)’ trial experts must be deposed by . 7. Dispositive Motions. a. b. Dispositive motions, such as motions for summary judgment or partial summary judgment and motions for judgment on the pleadings, must be filed by . Oppositions to dispositive motions must be filed within service of the motion. days after 8. Initial Pretrial Conference. An initial pretrial conference will be held on at a.m./p.m. The parties shall prepare and submit a pretrial memorandum in accordance with Local Rule 16.5(D) five business days prior to the date of the conference, except that the parties need not include matters required by Local Rule 16.5(D)(2) or (3). Procedural Provisions Extension of Deadlines. Motions to extend or modify deadlines will be granted only for good cause shown. All motions to extend shall contain a brief statement of the reasons for the request; a summary of the discovery, if any, that remains to be taken; and a specific date when the requesting party expects to complete the additional discovery, join other parties, amend the pleadings, or file a motion. Motions to Compel or Prevent Discovery. Except for good cause shown, motions to compel discovery, motions for protective orders, motions to quash, motions to strike discovery responses, and similar motions must be filed no later than the close of fact discovery or the close of expert discovery, whichever deadline is relevant. If additional discovery is compelled by the court after the relevant deadline has passed, the court may enter such additional orders relating to discovery as may be appropriate. Reply Memoranda. Parties need not seek leave of court to file a reply memorandum in response to an opposition to any motion, provided that such a reply memorandum does not exceed twelve pages, double-spaced, and is filed within seven days (excluding intermediate Saturdays, Sundays, and legal holidays) after service of the opposition memorandum. Parties may otherwise file reply or surreply memoranda only with leave of court. When such leave is sought, the moving party may file a proposed reply or surreply memorandum with the motion for leave. Status Conferences. The court has scheduled a status conference after (or close to) the close of fact discovery for case management purposes. Any party who reasonably believes that a status conference will assist in the management or resolution of the case may request one from the court upon reasonable notice to opposing counsel. Additional Conferences. Upon request of counsel, or at the court’s own initiative, additional case-management or status conferences may be scheduled. Parties may request telephonic conferences where appropriate to avoid undue inconvenience or expense. Early Resolution of Issues. The court recognizes that, in some cases, resolution of one or more preliminary issues may remove a significant impediment to settlement or otherwise expedite resolution of the case. Counsel are encouraged to identify any such issues and to make appropriate motions at an early stage in the litigation. Pretrial Conference. Lead trial counsel are required to attend any pretrial conference. 1. 2. 3. 4. 5. 6. 7. Dated: By the Court, _____________________ Deputy Clerk

=== Sentencing Procedural Order ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS _____________________________________ v. UNITED STATES, Defendant. _____________________________________ ) [NAME] CRIMINAL ACTION NO. X:XX-cr-XXXXX PROCEDURAL ORDER RE: SENTENCING HEARING FOLLOWING A GUILTY PLEA GUZMAN, D.J. A PLEA OF GUILTY having been entered on [DATE] it is hereby ORDERED: 1. Pre-Sentence Investigation The United States Probation Office (the “Probation Office”) shall begin the pre-sentence investigation immediately. The Probation Office shall prepare Pre-Sentence Reports in the order in which the requests from the Court are received. 2. Statement of Relevant Facts Not later than seven (7) days after the Guilty Plea/Verdict Date, the attorney for the Government shall provide to the Probation Office a written statement of relevant facts and any other materials that may be relevant under Fed. R. Crim. P. 32(d) and shall simultaneously serve on Defense counsel copies of all statements of fact and materials provided to the Probation Office. 3. (If Applicable) Information Regarding Identifiable Victims Not later than seven (7) days after the Guilty Plea/Verdict Date, the attorney for the Government shall, to the extent practicable, provide to the Probation Office a written statement setting forth the names of the victims, their contact information/addresses, and the loss (including financial, social psychological, Page 1 of 5 and medical impacts) sustained by each victim, and, to the extent applicable, the amounts of any restitution owed to each victim pursuant to Fed. R. of Crim. P. 32(c)(1)(B). If the victim’s losses are not ascertainable by ten (10) days prior to the Sentencing Hearing Date (as defined below), the attorney for the Government or the Probation Officer shall so inform the Court, and the Court shall set a date for the final determination of the victim’s losses, not to exceed 90 days after sentencing pursuant to 18 U.S.C. § 3664(d)(5). 4. Interview of Defendant The Probation Office shall provide Defense counsel with a reasonable opportunity to attend any interview of the Defendant that occurs during the pre-sentence investigation. a. Where the case has resolved by a plea, and the Probation Office has been timely notified, the Probation Office should ordinarily hold an interview with the Defendant on the Rule 11 Hearing Date. If an interview cannot be conducted on the Rule 11 Hearing Date, the Probation Office should ordinarily conduct an interview within seven (7) days. b. If the Defendant is in custody, the United States Marshals Service shall, at the request of the Probation Office or Defense counsel, transport the Defendant to the Worcester Federal Courthouse for an interview at the earliest feasible time. 5. Responsibility of Pretrial Services Pretrial Services shall provide to the Probation Office all documents in its possession that may be relevant to the pre-sentence investigation, including, for example, copies of the Pretrial Report, the Defendant's state, local, and national criminal record, police reports, copies of prior convictions, drug test results, reports of incidents, and any other reports and/or supporting documentation. 6. Sentencing Hearing Date The sentencing is scheduled to occur on [DATE & TIME]. This date is intended to provide a period of at least thirteen (13) weeks between the Rule 11 Hearing Date and the Sentencing Page 2 of 5 Hearing Date. 7. Preparation & Delivery of Initial Pre-Sentence Report a. The Probation Office shall have seven (7) weeks after the Guilty Plea/Verdict Date to prepare and disclose the Initial Pre-Sentence Report. b. The Probation Office shall disclose the Initial Pre-Sentence Report to the attorney for the Government and to Defense counsel at least six (6) weeks before the Sentencing Hearing Date, unless the Defendant expressly waived the minimum five-week required notice period set forth in Fed. R. Crim. P. 32(e)(2). c. The date of disclosure to each attorney shall be the date of the mailing/e-mailing of a copy to that attorney. An attorney may, in lieu of receiving disclosure by mail or e-mail, make arrangements with the Probation Office to pick up the report no later than 3:00 p.m. on the date disclosure is due. d. It is the responsibility of the Defense counsel to disclose the Pre-Sentence Report to the Defendant and to discuss it with, and explain it to, the Defendant. Defense counsel are reminded of their obligation to ensure that the Defendant has personally reviewed and is able to understand the draft and final copies of the Pre-Sentence Report. Defense counsel should be aware that the Court will directly inquire of the Defendant whether they have personally reviewed the Pre-Sentence Report. 8. Objections Procedure a. Within fourteen (14) days after the date of disclosure of the Initial Pre-Sentence Report, counsel for the Government and the Defense counsel shall serve on the Probation Office and opposing counsel any objections they may have to that document, including any objections as to material factual assertions, Sentencing Guideline calculations, policy statements, or any other information contained in or omitted from the Initial Pre-Sentence Report. b. The Probation Office shall then conduct such further investigation and make any Page 3 of 5 revisions to the Pre-Sentence Report as may be necessary or appropriate. The Probation Office may require counsel for both parties to confer with the Probation Officer to identify and attempt to resolve any factual or legal disputes that may require hearing by the Court. 9. Final Pre-Sentence Report Not less than fourteen (14) days1 before the Sentencing Hearing Date, the Probation Office shall submit to the Court and disclose to the parties the Final Pre-Sentence Report, including any addenda setting forth any unresolved objections, the grounds for those objections, and the Probation Officer's comments on those objections. The Probation Officer shall certify that the contents of the Final Pre- Sentence Report, including any revisions, and the addendum have been disclosed to counsel for the Government and Defense counsel, and that the addendum fairly states any remaining unresolved objections. Any undisputed portion of the Final Pre-Sentence Report may be accepted by the Court as a finding of fact at sentencing. The Court, however, for good cause shown, may allow a new objection to the Pre- Sentence Report to be raised at any time before the imposition of sentence. 10. Sentencing Memoranda Any party may file a Sentencing Memorandum (and accompanying attachments) not less than seven (7) days before the Sentencing Hearing Date unless the Court orders otherwise. A copy of such memorandum (and accompanying attachments) shall also be provided to the Probation Officer. Just as importantly, if a party does not wish to file a sentencing memorandum, they must inform the Clerk of this decision not less than seven (7) days before the Sentencing Hearing Date. The Court does not distinguish between sentencing memoranda that call for a sentence within the Guideline Sentencing Range (as calculated by Probation in the Final Pre-Sentence Report) and those that call for a Non-Guideline sentence. Thus, all arguments may be made in a single filing. 1 The Court thanks the Probation Office for their accommodating its request to receive the Final Pre-Sentence Report fourteen (14) days before the Sentencing Hearing Date. Page 4 of 5 11. Deadline for Timely Filing All parties are reminded that per Local Rule in this District, all electronic filings must be completed by 6:00 PM EDT to be considered timely filed that day. L.R., D. Mass. 5.4(d). 12. Hearing and Counsel’s Obligations Counsel are to advise the Court whether (a) there are legal questions not adequately addressed in the Pre-Sentence Report or not addressed at all; and/or (b) whether there are factual issues that a party contends require an evidentiary hearing. Counsel shall provide such notice to the Court not less than five (5) days before the Sentencing Hearing Date. Copies of such notices and/or sentencing memoranda shall also be provided to the Probation Office. 13. Parties’/Victims’ Opportunity to Speak Defense counsel are urged to inform their clients in advance of the sentencing hearing about their right of allocution under Fed. R. Crim. P. 32(i)(4)(A). Similarly, attorneys for the Government are required to inform any victim(s) of their right to be reasonably heard on the Sentencing Hearing Date. 18 U.S.C. § 3771(a)(4); Fed. R. Crim. P. 32(i)(4)(B). 14. Modification of Schedule The schedule set forth in this order may be modified by the Court for good cause shown. SO ORDERED. /s/ Margaret R. Guzman_____________ Margaret R. Guzman United States District Judge Dated: Page 5 of 5

=== Pretrial Order ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS Plaintiff(s), Defendant(s). Civil No. XX-XXXX-MRG PRETRIAL ORDER [names(s)], v. [name(s)] GUZMAN, J. It is ORDERED that the trial of this case will commence with jury selection on Monday, [DATE], at 9:00 a.m. in Courtroom 2 on the fifth floor. The first day of trial, which is usually empanelment, will be a full day from 9 a.m. to 4 p.m. Jury selection will proceed all day if necessary, until it is finished. If jury selection ends before 1:00 p.m. on the first day of trial, opening statements and presentation of evidence will follow immediately thereafter and continue until 4:00 p.m. Following the first day, trial will generally proceed from 9 a.m. to 1 p.m. each day until completed. The Court may also sit on occasion in the afternoon. The Court will meet with counsel at 8:30 a.m. each day to resolve evidentiary or other legal issues. 1. Pursuant to Fed. R. Civ. P. 16 and Local Rule 16.5, it is further ORDERED that counsel shall appear for a Final Pretrial Conference on [at least 10 days before trial date], at [TIME] in Courtroom 5 on the fifth floor. 2. No later than [1 month before trial], Counsel shall prepare and file, either jointly or separately, pretrial memoranda and/or trial documents which set forth the following: (1) A trial brief covering: 1 a) a concise summary of the evidence that will be offered by the plaintiff, defendant and other parties with respect to both liability and damages (including special damages, if any); b) a statement of facts established by the pleadings, by admissions or by stipulations. Counsel shall stipulate to all facts that are not in genuine dispute; c) a short, neutral, one-paragraph statement of the case that will be read to the jury pool for empanelment d) contested issues of fact; e) any jurisdictional questions; f) any question raised by pending motions; g) any issues of law, including evidentiary questions, together with supporting authority; h) any requested amendments to the pleadings; i) any additional matters to aid in the disposition of the action; j) the probable length of trial and whether jury or nonjury; k) a list of the names and addresses (city and state) of witnesses who will testify at trial and the purpose of the testimony, i.e., whether factual, medical, expert, etc. The address listed for professional witnesses shall be their place of employment or home office; l) a list of non-testifying material individuals (names and addresses) who may not be called to testify, but whose names may come up often in the trial; m) a list of the proposed exhibits (photographs, documents, instruments, and all other objects) in order of their introduction to the Court. Any proposed questions for the voir dire examination of the jury; Requests for instructions to the jury with citation to supporting authority. The Court prefers a footnote citation for every assertion; Any proposed interrogatories or special verdict form; A list of agreed-upon exhibits and any exhibits that are objected to; *In nonjury cases, omit #2 - # 5 above. Instead, please submit any proposed findings of fact and requested rulings of law. (2) (3) (4) (5) (6) This material must be filed electronically on the docket, and counsel are directed to send a word document version of the materials to the Courtroom Deputy, Suzanne Frish. 2 3. Any motions in limine shall be filed no later than [1 month prior to trial]. Oppositions to motions in limine shall be filed no later than [3 weeks prior to trial, 7 days after the original MIL is filed]. Motions and oppositions should be supported by case law. This material must be filed electronically on the docket, and counsel are directed to send a word document version of the materials to the Courtroom Deputy, Suzanne Frish. 4. In preparation for the Final Pretrial Conference, it is ORDERED that the Parties disclose to one another in accordance with Fed. R. Civ. P. 26(a)(3) and Local Rule 16.5(C), by no later than the close of business on [1 month prior to trial]: a. b. c. 5. All photographs, documents, instruments and other objects either party intends to offer as exhibits at trial, other than solely for impeachment; The names, addresses and telephone numbers of witnesses each party intends to call at trial, including expert witnesses; The names of witnesses, if any, whose testimony is to be presented by means of deposition and a transcript of the pertinent portions of the deposition testimony. Following the disclosures made pursuant to the previous paragraph, the Parties shall serve upon one another, by no later than the close of business on [1 week following ¶ 4 (3 weeks before trial)], a list describing any objections thereto and the grounds therefor. As per Local Rule 16.5(C), these objections shall be one of the subjects of the pre-Final Pretrial Conference meeting (see ¶ 6, infra) and if not resolved, shall be presented to the Court in the final pretrial conference. Objections not so disclosed, other than objections pursuant to Rules 402 and 403 under the Federal Rules of Evidence, are waived according to Fed. R. Civ. P. 26(a)(3), unless excused by the Court for good cause. 6. In further preparation for the Final Pretrial Conference, it is ORDERED pursuant to Local Rule 16.5(D) that the parties meet personally on or before [2 weeks before trial, 3 days before final pretrial conference], to discuss and negotiate settlement of the action and/or to narrow 3 the issues to be tried. The Court requests the parties promptly report whether, after this meeting, they intend to settle. Any settlement on the eve of trial may result in the imposition of costs, including the costs associated with bringing in jurors unnecessarily. 7. The parties shall jointly file with the Court any exhibits to be used at trial by submitting a single CD to the Courtroom Deputy, Suzanne Frish, on or before three (3) days of the start of trial. All of the trial exhibits must be pre-marked and submitted to the Courtroom Deputy in numerical order, whether the exhibits are used or not. 8. Immediately upon receipt of this Order, any counsel who realizes that one or more attorneys have not been notified shall forthwith notify the additional attorney(s) in writing as to the entry of this Order and file a copy of the writing with the clerk. 9. The Judiciary’s privacy policy restricts the publication of certain personal data in documents filed with the Court. The policy requires limiting Social Security and financial account numbers to the last four digits, using only initials for the names of minor children, limiting dates of birth to the year, and limiting home addresses to city and state. If such information is elicited during testimony or other court proceedings, it will become available to the public when the official transcript is filed at the courthouse. The better practice is for you to avoid introducing this information into the record in the first place. Please take this into account when questioning witnesses or making other statements in court. If a restricted item is mentioned in court, you have waived any right to have it stricken or redacted thereafter. 10. Timely compliance with this Order is not excused, absent the actual filing of closing papers or the entry of a Settlement Order of Dismissal in a form prescribed by the Court. SO ORDERED. Dated: /s/ Margaret R. Guzman The Hon. Margaret R. Guzman United States District Judge 4