Judge José R. Almonte Judicial Preferences; Judge José R. Almonte’s Standing Order for Initial Scheduling Conferences

=== Judge José R. Almonte Judicial Preferences ===

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY CHAMBERS OF JOSÉ R. ALMONTE UNITED STATES MAGISTRATE JUDGE FRANK R. LAUTENBERG U.S. POST OFFICE & COURTHOUSE BUILDING 2 FEDERAL SQUARE NEWARK, NJ 07102 973-645-3110 CASE MANAGEMENT ORDER Unless otherwise ordered, the following shall apply to matters before the Honorable José R. Almonte, U.S.M.J. Failure to comply with the terms of this Order may result in sanctions. 1. Attending Conferences and Hearings. Parties are expected to appear on time for conferences and hearings. Please call Chambers immediately if you need to reschedule a conference or a hearing, or if you expect to be late. 2. Junior Attorneys. The Court encourages junior attorneys to take an active role at hearings so that they may hone their legal skills, particularly where the junior attorney played a substantial role in drafting the underlying filing. However, to ensure speedy resolution of disputes, a senior attorney must ensure that the junior attorney is adequately prepared. 3. Communications with Chambers a. Filings and Written Communications. All pleadings and correspondence with the Court shall be electronically filed via CM/ECF, unless otherwise ordered by the Court. If you have a request that requires attention within 48 hours, please call Chambers. In civil cases, confidential information Chambers ([email protected]). In criminal cases, confidential information to Courtroom Deputy Alexus Wheeler shall be sent directly ([email protected]). email shall sent via be to b. Fax. Faxes to Chambers are not permitted. c. Courtesy Copies. Physical courtesy copies need not be sent to Chambers, unless otherwise ordered by the Court. 4. Settlement Conferences. Clients with full settlement authority are required to attend scheduled settlement conferences. Each party must email a confidential letter summarizing the factual background of the case, the main issue(s) in dispute, the status of the case, and the parties’ settlement position. The parties shall submit the letters at least 7 calendar days before the scheduled settlement conference to [email protected]. Each letter should not exceed 5 pages in length, exclusive of exhibits. 5. Motions and Other Requests a. Discovery Disputes. No discovery motion shall be filed without leave of the Court. Consistent with their obligation under Local Civil Rules 16.1(f) and 37.1(a), the parties shall meet and confer in good faith to resolve any discovery disputes prior to raising those disputes with the Court. Importantly, email exchanges are not sufficient to satisfy this requirement. The Court requires the parties to meet in person, via video conferencing, or by telephone. If the parties are unable to reach a resolution after meeting and conferring, they may file one joint letter not to exceed 10 pages, exclusive of exhibits. The parties shall explain the efforts made to resolve the issue(s). For each issue or group of issues in dispute, the parties shall summarize the specific issue(s) and the parties’ respective positions supported by relevant facts and legal authority. Each issue must be separated into its own section. Please refer to the example below. For example: Dispute No. 1: Plaintiff refuses to respond to Interrogatory No. 15, which asks [insert language of the interrogatory]. Defendant’s Position Plaintiff’s Position Dispute No. 2: Defendant has not responded to Request for Production No. 8, which asks [insert the language of the Request for Production]. Plaintiff’s Position: Defendant’s Position: b. Pro Hac Vice Admission. Requests for admission pro hac vice should be filed as motions and should indicate whether all parties consent to the admission. Requests also should comply with the other requirements set forth in Local Civil Rule 101.1(c). c. Motions to Seal. Along with the motion to seal, the moving party shall submit a form of order containing proposed findings of fact and conclusions of law concerning the factors set forth in Local Civil Rule 5.3(c). The moving party also shall indicate whether all other parties consent to the sealing of 2 material. d. Discovery Confidentiality Orders. The parties are encouraged to use the form discovery confidentiality order found in Appendix S of the Local Civil Rules. If the parties submit a confidentiality order that differs from Appendix S, they must submit: (1) a clean version of the proposed order that is ready for signature; and (2) a redline version that indicates the differences between the proposed order and the Appendix S order. 6. Pro se Parties. In cases involving pro se parties who have not consented to email service, represented parties must mail copies of all their electronic filings to the pro se litigant(s). 7. Joint Discovery Plans. The Court’s form Joint Discovery Plan may be found at https://www.njd.uscourts.gov/sites/njd/files/forms/R16DiscoveryPlan_1.pdf. The parties shall file their completed Joint Discovery Plan on CM/ECF no later than five (5) business days before the scheduled Rule 16 conference. The parties need not disclose any information concerning settlement discussions. But the parties should be prepared to address that topic during the conference. Special Note for Criminal Matters: 1. Requests for Bail. The Court will not consider a request for bail or bail modification until after defense counsel has consulted with the U.S. Attorney’s Office and until the U.S. Pretrial Services Officer or the U.S. Probation Officer has assessed the proposed bail package. In all email communications with the Court regarding bail, defense counsel shall copy the Assistant U.S. Attorney and the U.S. Pretrial Services Officer or U.S. Probation Officer assigned to the case. 2. Continuance Orders. Unopposed continuance orders must be emailed Directly to Courtroom Deputy Alexus Wheeler ([email protected]). The Order will be effective as of the date that the Court receives it. If one party opposes the entry of a continuance order, the moving party must file a motion on CM/ECF. JOSÉ R. ALMONTE UNITED STATES MAGISTRATE JUDG 3

=== Judge José R. Almonte’s Standing Order for Initial Scheduling Conferences ===

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY CHAMBERS OF JOSÉ R. ALMONTE UNITED STATES MAGISTRATE JUDGE MARTIN LUTHER KING FEDERAL BUILDING & COURTHOUSE BUILDING 50 WALNUT STREET NEWARK, NJ 07102 973-645-3110 ORDER PURSUANT TO LOCAL CIVIL RULE 16.1 Unless otherwise ordered, the following shall apply to matters before the Honorable José R. Almonte, U.S.M.J. Failure to comply with the terms of this Order may result in the imposition of sanctions. You shall participate in an Initial Scheduling Conference before U.S. Magistrate Judge José R. Almonte, pursuant to Federal Rule of Civil Procedure 16. The conference will be conducted either remotely (virtually or telephonically) or in person, as determined by the Court. If the conference is conducted remotely, the Court will provide the parties with connection information in advance. If the Court directs an in-person appearance, counsel shall appear at the Martin Luther King Building & U.S. Courthouse, 50 Walnut Street, Courtroom 4(d), Newark, New Jersey. Prior to the conference, the parties are directed to read the this Court’s Case Management Order, which can be accessed through this link, https://www.njd.uscourts.gov/sites/njd/files/JRAPreferences.pdf, or by visiting the District of New Jersey’s website, https://www.njd.uscourts.gov. Counsel are advised that the early disclosure requirements of Federal Rule of Civil Procedure 26 will be enforced. Therefore, counsel shall immediately exchange the information set forth in Rule 26 without a formal discovery request. At least fourteen (14) days prior to the Initial Scheduling Conference, counsel shall personally meet and confer pursuant to Rule 26(f) and shall jointly submit a discovery plan to this Court not later than five (5) business days prior to the conference with the Court. The parties shall submit a Joint Discovery Plan using the attached form available at: https://www.njd.uscourts.gov/sites/njd/files/forms/R16DiscoveryPlan_1.pdf. No formal discovery demands may be issued before the Initial Scheduling Conference, other than as permitted by Rule 26(d). At the Initial Scheduling Conference, the Court will address scheduling of proposed motions. Importantly, the parties shall refer to the assigned U.S. District Judge’s preferences prior to filing any motion that is to be decided by the U.S. District Judge, such as dispositive motions. As it relates to discovery-related motions before this Court, no motions are to be filed without written permission from the Court, which, absent extenuating circumstances, will be permitted only after the parties have fully fulfilled their obligation under Local Civil Rules 16.1(f) and 37.1(a) to meet and confer in good faith to resolve any discovery disputes. Counsel may file unopposed applications for pro hac vice admission. Counsel should obtain the consent of adverse parties prior to filing the application and shall advise, in both the cover letter and the proposed order, of such consent. In addition, counsel shall follow the requirements of Local Civil Rule 101.1(c) with regard to the contents of the proposed form of order and the supporting certifications of local counsel and each proposed pro hac vice attorney. At the Initial Scheduling Conference, all parties who are not appearing pro se must be represented by counsel who shall have full authority to bind their clients in all pretrial matters. Counsel shall also be prepared to discuss the merits of the case and shall have settlement authority. Clients or persons with authority over the matter shall be available by telephone, unless otherwise directed by the Court. See L. Civ. R. 16.1(a). Counsel for the plaintiff(s) shall notify any party who enters an appearance after the Initial Scheduling Conference is scheduled about this Order and shall forward to that party a copy of this Order. The parties must advise this Court immediately if the action has been settled or terminated so that the Court may cancel the Initial Scheduling Conference. SO ORDERED. JOSÉ R. ALMONTE UNITED STATES MAGISTRATE JUDGE 2 ALTERNATIVE DISPUTE RESOLUTION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY Mediation is the Alternative Dispute Resolution (ADR) program in this Court. Mediation is governed by Local Civil Rule 301.1. The mediation program under this rule is supervised by a judicial officer (at present United States Magistrate Judge Leda Dunn Wettre) who is available to answer any questions about the program. Any district judge or magistrate judge may refer a civil action to mediation. This may be done without the consent of the parties. However, the Court encourages parties to confer among themselves and consent to mediation. Moreover, you are reminded that, when counsel confer pursuant to Rule 26(f) of the Federal Rules of Civil Procedure and Local Civil Rule 26.1, one of the topics that must be addressed is the eligibility of a civil action for participation in ADR. A civil action may be referred to mediation at any time. However, one of the advantages of mediation is that, if successful, it enables parties to avoid the time and expense of discovery and trial. Accordingly, the Court encourages parties to consent to mediation prior to or at the time that automatic disclosures are made pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure. If parties consent to mediation, they may choose a mediator either from the list of certified mediators maintained by the Court or by the selection of a private mediator. If a civil action is referred to mediation without consent of the parties, the judicial officer responsible for supervision of the program will select the mediator. Mediation is non-judgmental. The role of the mediator is to assist the parties in reaching a resolution of their dispute. The parties may confer with the mediator on an ex parte basis. Anything said to the mediator will be deemed to be confidential and will not be revealed to another party or to others without the party’s consent. The mediator’s hourly rate is $300.00, which is borne equally by the parties. If you would like further information with regard to the mediation program please review the Guidelines for Mediation, which are available on the Court’s Web Site www.njd.uscourts.gov and appear as Appendix Q to the Local Civil Rules. You may also make inquiries of the judicial officer responsible for supervision of the program. 3