Standing Order - Confidentiality Agreements; Standing Order - Courtroom Opportunities for Relatively Inexperienced Attorneys; Standing Order - Motions for Default Judgement; Standing Order on Confidentiality Agreements

Hon. Mark G. Mastroianni · U.S. District Court for the District of Massachusetts

Role: District Judge

Bluebook Citation: Hon. Mark G. Mastroianni, Standing Order - Confidentiality Agreements; Standing Order - Courtroom Opportunities for Relatively Inexperienced Attorneys; Standing Order - Motions for Default Judgement; Standing Order on Confidentiality Agreements, U.S. District Court for the District of Massachusetts

Judge Profile: Hon. Mark G. Mastroianni profile and standing orders


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=== Standing Order - Confidentiality Agreements ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS Standing Order Regarding Confidentiality Agreements Between Parties August 12, 2014 MASTROIANNI, D.J. 1. Parties are encouraged to execute confidentiality agreements in any case where such agreements will facilitate discovery. 2. Parties executing confidentiality agreements that cover discovery practice shall file copies of such agreements with the court. 3. It is the practice of the court to take notice of such agreements between parties, but not to adopt and endorse such agreements as orders of the court. 4. If a dispute arises between the parties to a confidentiality agreement, the court will consider the parties’ confidentiality agreement, together with other relevant factors, upon a party moving for relief or any other form of court action. 5. Parties are required to comply with this standing order as a general and regular practice, however, this standing order does not limit an individual party’s right to seek a protective order from the court pursuant to Fed. R. Civ. P. 26(c), or request a court order, where extraordinary circumstances exist, relative to confidentiality issues. IT IS SO ORDERED. _/s/ Mark G. Mastroianni________ MARK G. MASTROIANNI United States District Judge

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

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS STANDING ORDER REGARDING COURTROOM OPPORTUNITIES FOR RELATIVELY INEXPERIENCED ATTORNEYS May 3, 2017 MASTROIANNI, U.S.D.J. Judges F. Dennis Saylor, Denise Casper, Timothy Hillman, Indira Talwani, and Leo Sorokin have adopted standing orders strongly encouraging the participation of relatively inexperienced and young attorneys in all court proceedings. Judge Casper noted that the “decline in courtroom opportunities for newer lawyers is widely recognized and is one of concern to both the bench and bar.” Recognizing the importance of the development of future generations of practitioners through courtroom opportunities, the undersigned judge, as a matter of policy, strongly encourages the participation of relatively inexperienced attorneys in all court proceedings including but not limited to initial scheduling conferences, status conferences, hearings on discovery motions and dispositive motions, and examination of witnesses at trial. The following admonitions regarding professionalism, authority, and supervision apply: First, all attorneys appearing in this court, including those who are relatively inexperienced, will be held to the highest professional standards. These attorneys must be prepared and knowledgeable about the case and applicable law. Second, all attorneys appearing in court should have a degree of authority commensurate with the proceeding. 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 the court gives leave to do otherwise. The undersigned judge hopes that counsel join the court in effectuating this important policy. Counsel may seek additional guidance from the court in particular cases concerning the scope and application of this policy. It is So Ordered. _/s/ Mark G. Mastroianni________ MARK G. MASTROIANNI United States District Judge

=== Standing Order - Motions for Default Judgement ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS Plaintiff(s) v. CIVIL ACTION NO. Defendant(s) STANDING ORDER REGARDING MOTIONS FOR DEFAULT JUDGMENT _____________________________, A Notice of Default has been issued to the above named defendant(s) upon request of the plaintiff(s) in the above entitled action. In anticipation of a Motion for Entry of Default Judgment being filed, counsel are advised of the following requirements for submission of such motion in order to ensure compliance with Rule 55 of the Federal Rules of Civil Procedure: l. A party making a motion for default judgment shall comply with all the requirements of Fed. R. Civ. P. 55 and shall include the filing of affidavits showing the amount of damages. The moving party shall also submit an appropriate form of default judgment in the fashion of the draft order attached hereto as Appendix A; 2. Within 14 days after the filing of the motion for default judgment, the party against whom default judgment is sought shall have an opportunity to file substantiated opposition to the default judgment motion and to request a hearing thereon; 3. The Court will take up the motion for default judgment on the papers at the conclusion of the 14 day period; 4. A motion for default judgment with respect to this Standing ORDER shall be made by the moving party within 30 days of the date of the issuance of this ORDER unless there are multiple parties in the case and not all have defaulted, in which case such motion shall be made no later than 14 days after entry of judgment or at such time as is set by the court in consultation with the parties. If for any other reason the moving party does not file a motion for default judgment, that party shall file an affidavit describing the status of this case and show good cause why further action with respect to this Standing ORDER cannot be taken in a timely fashion and why this case should remain on the docket. Failure to comply with this paragraph will result in the entry of dismissal of the moving party's claims for want of prosecution. By the Court, ___________________________________ Deputy Clerk Dated:_________________ 2 Appendix A UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS Plaintiff(s) v. CIVIL ACTION NO. Defendant(s) FORM OF DEFAULT JUDGMENT , Defendant having failed to plead or otherwise defend in this action and its default having been entered, Now, upon application of plaintiff 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 interest as provided by law. Dated: By the Court, Deputy Clerk NOTE: The post judgment interest rate effective this date is %. 3

=== Standing Order on Confidentiality Agreements ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS Standing Order Regarding Confidentiality Agreements Between Parties August 12, 2014 MASTROIANNI, D.J. 1. Parties are encouraged to execute confidentiality agreements in any case where such agreements will facilitate discovery. 2. Parties executing confidentiality agreements that cover discovery practice shall file copies of such agreements with the court. 3. It is the practice of the court to take notice of such agreements between parties, but not to adopt and endorse such agreements as orders of the court. 4. If a dispute arises between the parties to a confidentiality agreement, the court will consider the parties’ confidentiality agreement, together with other relevant factors, upon a party moving for relief or any other form of court action. 5. Parties are required to comply with this standing order as a general and regular practice, however, this standing order does not limit an individual party’s right to seek a protective order from the court pursuant to Fed. R. Civ. P. 26(c), or request a court order, where extraordinary circumstances exist, relative to confidentiality issues. IT IS SO ORDERED. _/s/ Mark G. Mastroianni________ MARK G. MASTROIANNI United States District Judge

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