Standing Order - Appearance of Counsel by Telephone; Standing Order - Courtroom Opportunities for Relatively Inexperienced Attorneys; Sample Scheduling Order; Scheduling Order; Patent Order; Instructions to Counsel Concerning Trial Procedures

=== Standing Order - Appearance of Counsel by Telephone ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS STANDING ORDER RE: APPEARANCE OF COUNSEL BY TELEPHONE SAYLOR, J. It is a common practice of this Court to convene periodic conferences in civil and criminal cases for case management purposes. Often those conferences are quite short, on the order of ten or fifteen minutes long. For counsel to travel to the courthouse for such a short proceeding may involve undue inconvenience and expense, particularly for those traveling from out of town. Accordingly, the Court will generally permit counsel to appear by telephone for relatively short and simple court conferences. Such telephone appearances are, however, subject to the following requirements: 1. Counsel should request permission to appear by telephone from the courtroom clerk reasonably in advance of the proceeding (that is, in time to appear in person if permission is not granted). 2. Except in rare instances, counsel should participate from a normal office setting. Counsel should avoid using cell telephones or similar devices, as reception may be poor and counsel may be difficult to hear. Under no circumstances should counsel participate from a moving automobile or where similar distractions are present, or from public areas (such as an airport, railroad station, or hotel lobby) where background noise is present. 3. During the conference, counsel should take particular care to identify themselves each time they speak, and to speak clearly for the benefit of the Court and the stenographer. So Ordered. Dated: August 12, 2014 /s/ F. Dennis Saylor F. Dennis Saylor IV United States District Judge 2

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

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS STANDING ORDER RE: COURTROOM OPPORTUNITIES FOR RELATIVELY INEXPERIENCED ATTORNEYS SAYLOR, J. Courtroom opportunities for relatively inexperienced attorneys, particularly those who practice at larger firms, have declined precipitously across the nation in recent years. That decline is due to a variety of factors, but has been exacerbated by the proliferation of rules and orders requiring the appearance of “lead” counsel in many court proceedings. In an effort to counter that trend, the undersigned District Judge, as a matter of policy, strongly encourages the participation of relatively inexperienced attorneys in all court proceedings. Such attorneys may handle not only relatively routine matters (such as scheduling conferences or discovery motions), but may also handle, where appropriate, more complex matters (such as motions for summary judgment or the examination of witnesses at trial). The following cautions, however, shall apply. First, even relatively inexperienced attorneys will be held to the highest professional standards with regard to any matter as to which experience is largely irrelevant. In particular, all attorneys appearing in court are expected to be appropriately prepared, regardless of experience. For example, any attorney who is arguing a motion for summary judgment is expected to be thoroughly familiar with the factual record and the applicable law. 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. Dated: August 12, 2014 /s/ F. Dennis Saylor F. Dennis Saylor IV United States District Judge 2

=== Sample Scheduling Order ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ________________________ Plaintiff(s), v. ________________________ Defendant(s), SAYLOR, J. CIVIL ACTION - NO. SCHEDULING ORDER 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. Initial Disclosures. Initial disclosures required by Fed. R. Civ. P. 26(a)(1) must be completed by . 2. 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. Written discovery (requests for production of documents, interrogatories and . request for admissions) shall be served no later than b. All depositions, other than expert depositions, must be completed by ____________________. 4. Fact Discovery - Final Deadline. All discovery, other than expert discovery, must be completed by __________________. 5. Status Conference. A status conference will be held on ________________. 6. Expert Discovery. a. Plaintiff(s)’ trial experts must be designated, and the information contemplated by Fed. R. Civ. P. 26(a)(2) must be disclosed, by ___________________. b. Plaintiff(s)’ trial experts must be deposed by __________________. c. 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. Dispositive motions, such as motions for summary judgment or partial summary judgment and motions for judgment on the pleadings, must be filed by _____________________. b. Oppositions to dispositive motions must be filed within ___ days after service of the motion. 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 1. 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. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. Pretrial Conference. Lead trial counsel are required to attend any pretrial conference. Date By the Court, Deputy Clerk

=== Scheduling Order ===

Scheduling Order – Full Text – Template 2023 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS Plaintiff(s), __________________, __________________________________________ __________________________________________) __________________, Defendant(s). v. Civil Action No. ________-FDS SAYLOR, C.J. SCHEDULING ORDER 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. Initial Disclosures. Initial disclosures required by Fed. R. Civ. P. 26(a)(1) must be completed by : ______________. 2. 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. Written discovery (requests for production of documents, interrogatories and request for admissions) shall be served no later than : ______________. b. All depositions, other than expert depositions, must be completed by ______________. 4. Fact Discovery - Final Deadline. All discovery, other than expert discovery, must be completed by ______________ 5. Status Conference. Status conferences will be held by telephone on : ______________, at _______, and ______________, at __________. Scheduling Order – Full Text – Template 2023 6. Expert Discovery. a. Plaintiff(s)’ trial experts must be designated, and the information contemplated by Fed. R. Civ. P. 26(a)(2) must be disclosed, by: ______________. b. Plaintiff(s)’ trial experts must be deposed by: ______________. c. 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. Dispositive motions, such as motions for summary judgment or partial summary judgment and motions for judgment on the pleadings, must be filed by ______________. b. Oppositions to dispositive motions must be filed within 21 days after service of the motion. 8. Initial and Pretrial Conferences. The initial pretrial conference will be scheduled at a later point in the proceedings. The parties must 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). The trial date will normally be set at the initial pretrial conference. A final pretrial conference will be scheduled at the time the trial date is set. The court may also schedule interim pretrial conferences in appropriate cases. Procedural Provisions 1. 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. 2. 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 2 Scheduling Order – Full Text – Template 2023 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. Attendance of Lead Counsel at Pretrial Conferences. Lead trial counsel are required to attend the initial and final pretrial conferences, and any interim pretrial conferences scheduled by the court. Other conferences may be handled by any counsel who is appropriately prepared. Date By the Court, /s/ Matthew McKillop Deputy Clerk 3

=== Patent Order ===

1 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ________________________ Plaintiff(s), v. ________________________ Defendant(s). Civil Action No. __________-FDS INITIAL SCHEDULING ORDER SAYLOR, 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) and 16.6, it is hereby ORDERED that: 1. Preliminary Disclosures a. b. Rule 26(a) Disclosures: The parties will make their Initial Disclosures no later than . Preliminary Infringement Disclosure: No later than ____________, patentee shall serve and file preliminary disclosure of the claims infringed. Patentee shall specify which claims are allegedly infringed and identify the accused product(s) or method(s) that allegedly infringe those claims. Patentee shall also specify whether the alleged infringement is literal or falls under the doctrine of equivalents. If patentee has not already done so, it shall produce all documents supporting its contentions and/or identify any such supporting documents produced by accused infringer. Such disclosures may be amended or supplemented up to 30 days before the date of the Markman Hearing. After that time, such disclosures may be amended or supplemented only by leave of court, for good cause shown. 2 c. Preliminary Invalidity and Non-Infringement Disclosures: Not later than _______________, accused infringer shall serve and file Preliminary Invalidity and Non-Infringement Contentions. Accused infringer shall identify prior art that anticipates or renders obvious the identified patent claims in question and, for each such prior art reference, shall specify whether it anticipates or is relevant to the obviousness inquiry. If applicable, the accused infringer shall also specify any other grounds for invalidity, such as indefiniteness, best mode, enablement, or written description. If the accused infringer has not already done so, it shall produce documents relevant to the invalidity defenses and/or identify any such supporting documents produced by patentee. Further, if the accused infringer has not already done so, it shall produce documents sufficient to show operation of the accused product(s) or method(s) that patentee identified in its preliminary infringement disclosures. Such disclosures may be amended or supplemented up to 30 days before the date of the Markman Hearing. After that time, such disclosures may be amended or supplemented only by leave of court, for good cause shown, except that, if the patentee amends or supplements its preliminary infringement disclosures, the accused infringer may likewise amend or supplement its disclosures within 30 days of service of the amended or supplemented infringement disclosures. 2. Amendments to Pleadings: Amendments to the pleadings under Fed. R. Civ. P. 15 and motions for joinder of any additional parties under Fed. R. Civ. P. 19 and 20 must be served and filed no later than __________________. 3. Claim Construction Proceedings a. b. c. d. No later than list of claim terms to be construed and proposed constructions. , the parties shall simultaneously exchange a No later than , the parties shall simultaneously exchange and file preliminary claim construction briefs. Each brief shall contain a list of terms construed, the party’s proposed construction of each term, and evidence and argument supporting each construction. Absent leave of court, preliminary claim construction briefs shall be limited to 25 pages. No later than and file reply briefs. Absent leave of court, reply briefs shall be limited to 15 pages. , the parties shall simultaneously exchange No later than terms for the court to construe. The parties shall prepare and file a joint , the parties shall finalize the list of disputed 3 claim construction and prehearing statement (hereafter the “joint statement”) that identifies both agreed and disputed terms. i. ii. iii. iv. v. The joint statement shall note the anticipated length of time necessary for the claim construction hearing and whether any party proposes to call witness, including a statement that such extrinsic evidence does not conflict with intrinsic evidence. The joint statement shall also indicate whether the parties will present tutorials on the relevant technology, the form of such tutorials, and the timing for such tutorials in the form of briefs, declarations, computer animations, slide presentations, or other media, the parties shall exchange such materials five days before the claim construction hearing. In the alternative, the parties may present tutorials through presentations by the attorneys or experts at the claim construction hearing. The joint statement shall include a proposed order in which parties will present their arguments at the claim construction hearing, which may be term-by-term or party-by-party, depending on the issues in the case. The joint statement shall limit the number of claims to be construed and shall prioritize the disputed terms in order of importance. The joint statement shall include a joint claim construction chart, noting each party’s proposed construction of each term and supporting evidence. 4. The Claim Construction Hearing (a.k.a “Markman” Hearing): The Court shall hold a claim construction hearing on . 5. Discovery. a. Written Discovery. Written discovery (requests for production of documents, interrogatories and request for admissions) shall be served no later than . b. Fact Discovery. Fact discovery will be completed no later than . 6. Expert Discovery. a. b. c. 4 Plaintiff(s)’ trial experts and information contemplated by Fed. R. Civ. P. 26(a)(2)(B) must be disclosed by . Plaintiff(s)’ trial experts must be deposed by . Defendant(s)’ trial experts and information contemplated by Fed. R. Civ. P. 26(a)(2)(B) must be disclosed by . d. Defendant(s)’ trial experts must be deposed by 7. Dispositive Motions: Dispositive motions, such as motions for summary judgment, shall be filed by . 8. Status Conferences: Status conference will be held on . . 9. 1. 2. 3. Initial Pretrial Conference. An initial pretrial status conference will be held on: _________________ . 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 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. 4. 5. 6. 5 Status Conferences. The court has scheduled status conferences 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. 7. Pretrial Conference. Lead trial counsel are required to attend any pretrial conference. Date By the Court, Deputy Clerk

=== Instructions to Counsel Concerning Trial Procedures ===

INSTRUCTIONS TO COUNSEL CONCERNING TRIAL PROCEDURES Judge Saylor United States District Court 1. 2. 3. 4. 5. 6. 7. 8. 9. Trial Day. The normal trial day will be from 9:00 a.m. to 1:00 p.m. We will take two very short breaks at 10:30 a.m. and 12:00 noon. Daily Conferences. Counsel should expect to meet with the Court at 8:30 a.m. each day, unless an earlier time is ordered. Punctuality. Counsel are expected to be punctual at all times. Each trial day will begin promptly at 9:00 a.m. Organization. The most common juror complaint about trial counsel is that they are disorganized. Counsel are expected to be prepared and organized in all respects and to have a basic command of the evidence. Careful organization is particularly important in cases with substantial numbers of exhibits. Questioning Witnesses. Counsel are generally free to question witnesses from any reasonable location in the courtroom. Counsel should not, however, stand next to the witness when questioning the witness except as reasonably necessary to point out particular items in exhibits. Approaching Witnesses. Counsel generally need not ask permission from the Court to approach a witness, but should acknowledge the Court’s authority (e.g., “With the Court’s permission, I am showing you Exhibit 12 . . .”). Objections. Objections should normally be made either with the single word “Objection,” or with a one- or two-word explanation of the basis (e.g., “Objection – leading”). Argument should normally take place at sidebar or otherwise outside the presence of the jury. Exhibit Numbers. Exhibits should be given numbers, not letters, and not combinations of numbers and letters (e.g. Exhibit 2, not Exhibit B or Exhibit 2B). Exhibits may be grouped as long as numbers are used (e.g., Exhibits 2.1, 2.2, 2.3). This requirement applies to both agreed-upon and disputed exhibits. “Government” or “Defense” Exhibits. Exhibits should be marked as “Exhibits,” not as “Government Exhibits,” “Plaintiff’s Exhibits,” or “Defendant’s Exhibits.” 10. Order of Offering Exhibits. Exhibits need not be offered in any particular order—for example, the first exhibit need not be Exhibit 1. If a particular exhibit is excluded or not offered, there will simply be a gap in the numbering sequence. The jury will be 11. 12. 13. 14. 15. 16. instructed that neither the numbering of the exhibits nor the fact that there may be gaps in the sequence have any evidentiary significance. Physical Form of Exhibits. If documents are attached to one another, they should generally be stapled, rather than paper-clipped. Plastic sleeves for documents make documents difficult to handle and should be used sparingly, if at all. Deposition Exhibits. In order to avoid confusion, all deposition exhibit stickers should be removed from trial exhibits or otherwise obscured. Copy of Exhibits for Court. In cases involving more than a few documents, counsel are strongly encouraged to provide a three-ring binder of expected exhibits to the Court at the beginning of the trial. Electronic Courtroom. Courtroom 2 in the Boston courthouse is an electronic courtroom. Documents may be displayed from laptops (e.g., from a PDF file or a DVD) or by means of a document camera. Counsel are strongly encouraged to become familiar with the courtroom equipment well in advance of the trial. Upcoming Witnesses. Counsel are required to provide opposing counsel, no later than the conclusion of the trial day, the names of the expected witnesses for the following day and a reasonable projection of the witness lineup for the day after that. Accurate Estimate of Time. Counsel who are adequately prepared should normally be able to provide reasonably accurate estimates as to the amount of time necessary for trial events, including the length of opening statements and closing arguments, the length of witness testimony, and the length of the trial. Counsel are reminded that trial time is a limited resource and should be apportioned with care. 17. Order of Closing Arguments in Civil Cases. In civil cases, the order of closing arguments will be the following: plaintiff, defendant, plaintiff’s rebuttal. Rebuttal argument in cases of ordinary complexity will normally be limited to five or ten minutes. 2