Hon. Leo T. Sorokin · U.S. District Court for the District of Massachusetts
=== Standing Order - Courtroom Opportunites for Inexperienced Lawyers ===
UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS STANDING ORDER REGARDING COURTROOM OPPORTUNITIES FOR RELATIVELY INEXPERIENCED ATTORNEYS SOROKIN, J. March 15, 2017 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. Judges Casper, Hillman, and Talwani each have followed suit, issuing standing orders modeled on Judge Saylor’s Order. Recognizing the importance of the development of future generations of practitioners through courtroom opportunities, I now join my colleagues. 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/ Leo T. Sorokin United States District Judge 2
=== Standing Order - Summary Judgment ===
UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS STANDING ORDER REGARDING BRIEFING OF SUMMARY JUDGMENT MOTIONS FOR JUDGE LEO T. SOROKIN’S SESSION The following requirements shall apply to all summary judgment motions, and all related briefs and submissions, filed in this Session: 1. Reply Briefs: The moving party may file a reply, within seven days of the filing of the opposition, not to exceed five pages. Leave of court is required for a longer reply, a longer period of time to file a reply, or a surreply. 2. Cross-Motions: If both sides are filing motions for summary judgment, absent leave of court, they shall do so in the following manner: a. Plaintiff shall file its motion, with a memorandum not to exceed twenty pages, on or before the date set forth in the Scheduling Order governing the case; b. Within thirty days of Plaintiff’s submission pursuant to paragraph 2(a), 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 pages; c. Within twenty-one days of Defendant’s submission pursuant to paragraph 2(b), 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 fifteen pages; and d. Within ten days of Plaintiff’s submission pursuant to paragraph 2(c), Defendant may file a single memorandum as both its reply in support of its cross-motion and its surreply in opposition to Plaintiff’s motion, not to exceed five pages. 3. Statement of Undisputed Facts: The parties shall file one combined statement of material undisputed facts in which the moving party’s statement of facts and the opposing party’s response to each fact are presented together using the following format: 1. [fact recited by the movant]. [citation(s) to record evidence supporting the fact]. RESPONSE: [statement by opposing party that the fact is either admitted or disputed]. [if disputed, citation(s) to record evidence showing the dispute]. If there are cross-motions, Plaintiff shall list its facts in a numbered list under the heading “Plaintiff’s Statement of Material Undisputed Facts” and Defendant shall present its responses beneath each listed fact. In the same document, Defendant shall list its facts under the heading “Defendant’s Statement of Material Undisputed Facts,” numbering its facts consecutively beginning with the number following the last number appearing in the Plaintiff’s statement, and Plaintiff shall present its responses beneath each listed fact. The unified statement of material undisputed facts shall be filed concurrently with the memorandum filed by the party opposing summary judgment, or in the case of cross- motions, concurrently with the Plaintiff’s reply/opposition brief pursuant to paragraph 2(c) above. 4. Exhibits: Each party shall file its exhibits in chronological order, with a descriptive table of contents. Opposing parties shall cite to exhibits already filed, rather than filing duplicate copies. For example, the record before the Court should contain only 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. When submitting either more than five exhibits or lengthy exhibits, a tabbed paper courtesy copy shall also be provided to the Courtroom Deputy. 5. ECF Citations: As specified in this Court’s Order Requiring Compliance with General Practices of This Session, when citing to other documents filed on the Court’s electronic docket in the case (e.g., the complaint, another party’s memorandum, or an exhibit to a prior submission), parties shall use the citation format “Doc. No. ___ at ___” in order to ensure that such citations are recognized by ECF’s Citation Links feature. This citation convention shall be used instead of citation formats that use the title of the cited document (e.g., the Bluebook format for citing Court and Litigation Documents). SO ORDERED. /s/ Leo T. Sorokin United States District Judge
=== Standing Order - Default Protective Order in Complex Cases ===
UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS STANDING ORDER RE: DEFAULT PROTECTIVE ORDER IN COMPLEX CASES September 6, 2017 SOROKIN, D.J. In complex cases, a protective order often is necessary to preserve the confidentiality of documents and information produced in discovery. Unless and until the parties propose and the court adopts a stipulated protective order (or the parties present competing proposals for the court’s decision), the following default protective order will be imposed in such cases: Documents and information that either party in good faith believes are confidential may be produced in discovery with the designation “Confidential Pursuant to the Court’s Default PO.” Unless and until such designation is altered or removed by the parties’ agreement or by court order, a so-designated document may be accessed only by the parties’ outside counsel and the Court. SO ORDERED. /s/ Leo T. Sorokin ___________________________ UNITED STATES DISTRICT JUDGE
=== Standing Order - Courtesy Copies ===
UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS STANDING ORDER RE: COURTESY COPIES October 11, 2017 SOROKIN, D.J. Counsel shall provide one courtesy copy to the District Court Clerk’s Office of any memorandum related to any motion, along with all affidavits, declarations, exhibits, and other documents accompanying the memorandum, if such filings in connection with a particular memorandum (excluding the memorandum itself) exceed one hundred pages in length. Counsel shall include exhibit tabs with such courtesy copies. Courtesy copies shall be stamped or otherwise prominently marked as follows: “COURTESY COPY – DO NOT SCAN”. Courtesy copies shall be delivered to the District Court Clerk’s Office within three business days of the electronic filing. SO ORDERED. /s/ Leo T. Sorokin ___________________________ UNITED STATES DISTRICT JUDGE
=== Civil Pre-Trial Scheduling Order ===
Case 1:14-cv-12457-LTS Document 110 Filed 08/04/16 Page 1 of 3 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS Plaintiff, THOMAS KNOX, ____________________________________ ____________________________________) MASSACHUSETTS DEPARTMENT OF CORRECTIONS, et al., Defendant. v. Civil Action No. 14-12457-LTS SCHEDULING ORDER August 3, 2016 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. Fact Discovery - Final Deadline. All discovery, other than expert discovery, must be completed by October 31, 2016. 2. Status Conference. A status conference will be held on October 5, 2016 at 11:15 a.m. in Courtroom 14 on the 5th floor before the Hon. Jennifer C. Boal, U.S.M.J. By October 3, 2016, the parties shall file a STATUS REPORT indicating the current status of the case, including whether the parties intend to seek expert discovery and/or intend to file any dispositive motions, whether the parties are interested in mediation, as well as any other matter relevant to the progress of the case. 1 Case 1:14-cv-12457-LTS Document 110 Filed 08/04/16 Page 2 of 3 3. Expert Discovery. a. Plaintiff(s)’ trial experts must be designated, and the information required by Fed. R. Civ. P. 26(a)(2) must be disclosed by November 15, 2016. b. Defendant(s)’ trial experts must be designated, and the information required by Fed. R. Civ. P. 26(a)(2) must be disclosed by December 15, 2016. c. Expert depositions must be completed by January 16, 2017. 4. 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 February 17, 2017. b. Oppositions to dispositive motions must be filed within 21 days after service of the motion. c. In addition to the requirements set out in Local Rule 56.1, and in order for the Court to have in hand a single document containing the parties’ positions as to material facts in an easily comprehensible form, the opposing party, in preparing its response to the statement of facts, shall reprint the moving party’s statement of material facts and shall set forth a response to each directly below the appropriate numbered paragraph. In addition to any required filing on the CM/ECF system, the parties must also email the Clerk the resulting single consolidated statement of facts for the Court’s review in either Microsoft Word or Word Perfect. Procedural Provisions 1. Status Conferences. The Court has scheduled a status conference after (or close to) the close of 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. 2. Additional Conferences. Upon request of counsel, or at the Court’s own initiative, additional case-management or status conferences may be scheduled. 2 Case 1:14-cv-12457-LTS Document 110 Filed 08/04/16 Page 3 of 3 Parties may request telephonic conferences where appropriate to avoid undue inconvenience or expense. 3. 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. 4. Pretrial Conference. Lead trial counsel are required to attend any pretrial conference. 5. Modification of Scheduling Order. Pursuant to Local Rule 16.1(g), the Scheduling Order, having been established with the participation of all parties, can be modified only by court order, and only upon a showing of good cause supported by affidavits, other evidentiary materials, or references to pertinent portions of the record. 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. /s/ Jennifer C. Boal JENNIFER C. BOAL United States Magistrate Judge 3
=== See Standing Order re: Default Protective Order in Complex Cases. ===
UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS STANDING ORDER RE: DEFAULT PROTECTIVE ORDER IN COMPLEX CASES September 6, 2017 SOROKIN, D.J. In complex cases, a protective order often is necessary to preserve the confidentiality of documents and information produced in discovery. Unless and until the parties propose and the court adopts a stipulated protective order (or the parties present competing proposals for the court’s decision), the following default protective order will be imposed in such cases: Documents and information that either party in good faith believes are confidential may be produced in discovery with the designation “Confidential Pursuant to the Court’s Default PO.” Unless and until such designation is altered or removed by the parties’ agreement or by court order, a so-designated document may be accessed only by the parties’ outside counsel and the Court. SO ORDERED. /s/ Leo T. Sorokin ___________________________ UNITED STATES DISTRICT JUDGE
=== Standing Order re Summary Judgment ===
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS STANDING ORDER REGARDING BRIEFING OF SUMMARY JUDGMENT MOTIONS FOR JUDGE LEO T. SOROKIN’S SESSION The following requirements shall apply to all summary judgment motions, and all related briefs and submissions, filed in this Session: 1. Reply Briefs: The moving party may file a reply, within seven days of the filing of the opposition, not to exceed five pages. Leave of court is required for a longer reply, a longer period of time to file a reply, or a surreply. 2. Cross-Motions: If both sides are filing motions for summary judgment, absent leave of court, they shall do so in the following manner: a. Plaintiff shall file its motion, with a memorandum not to exceed twenty pages, on or before the date set forth in the Scheduling Order governing the case; b. Within thirty days of Plaintiff’s submission pursuant to paragraph 2(a), 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 pages; c. Within twenty-one days of Defendant’s submission pursuant to paragraph 2(b), 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 fifteen pages; and d. Within ten days of Plaintiff’s submission pursuant to paragraph 2(c), Defendant may file a single memorandum as both its reply in support of its cross-motion and its surreply in opposition to Plaintiff’s motion, not to exceed five pages. 3. Statement of Undisputed Facts: The parties shall file one combined statement of material undisputed facts in which the moving party’s statement of facts and the opposing party’s response to each fact are presented together using the following format: 1. [fact recited by the movant]. [citation(s) to record evidence supporting the fact]. RESPONSE: [statement by opposing party that the fact is either admitted or disputed]. [if disputed, citation(s) to record evidence showing the dispute]. If there are cross-motions, Plaintiff shall list its facts in a numbered list under the heading “Plaintiff’s Statement of Material Undisputed Facts” and Defendant shall present its responses beneath each listed fact. In the same document, Defendant shall list its facts under the heading “Defendant’s Statement of Material Undisputed Facts,” numbering its facts consecutively beginning with the number following the last number appearing in the Plaintiff’s statement, and Plaintiff shall present its responses beneath each listed fact. The unified statement of material undisputed facts shall be filed concurrently with the memorandum filed by the party opposing summary judgment, or in the case of cross- motions, concurrently with the Plaintiff’s reply/opposition brief pursuant to paragraph 2(c) above. 4. Exhibits: Each party shall file its exhibits in chronological order and include a descriptive table of contents. Opposing parties may cite to exhibits already filed rather than filing duplicate copies. When submitting either more than five exhibits or lengthy exhibits, a tabbed paper courtesy copy shall also be provided to the Courtroom Deputy.
=== Criminal Scheduling Order ===
Case 1:01-cr-10384-LTS Document 2146 Filed 02/10/16 Page 1 of 2 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS UNITED STATES OF AMERICA ____________________________________ GARY LEE SAMPSON ) _) v. Criminal Action No. 01-10384-LTS SCHEDULING ORDER February 10, 2016 SOROKIN, J. Upon review of the parties’ joint filing regarding the schedule of pre-trial matters (Doc. No. 2142), the filings regarding the fire-walled expert process, and after consideration of the parties’ statements to the Court on February 9, 2016, the Court sets the following schedule governing deadlines prior to the commencement of trial on September 14, 2016. Pleading/Hearing Argument on existing pending motions Defense re-confirms or withdraws intent to offer expert evidence on mental condition Government (fire-walled AUSAs) discloses to defense and to trial team results and reports of Rule 12.2(c)(1)(B) examinations Leave to file additional or renewed motions, with motion and supporting memorandum attached Defense discloses to fire-walled AUSAs and to trial team results and reports of any examination on mental condition conducted by defendant’s expert(s) about which the defendant intends to introduce expert evidence Responses to additional or renewed motions Replies to additional or renewed motions Argument on additional or renewed motions Date To be scheduled by the Court April 4, 2016 April 5, 2016 April 6, 2016 April 8, 2016 April 20, 2016 April 27, 2016 To be scheduled by the Court 1 Case 1:01-cr-10384-LTS Document 2146 Filed 02/10/16 Page 2 of 2 Revised1 12.2 expert reports Motions in limine regarding mental condition evidence (simultaneous) Joint Status Report proposing additional interim deadlines governing any supplemental submissions regarding voir dire, preliminary instructions or other matters Responses to motions in limine regarding mental condition evidence (simultaneous) Hearings (including any evidentiary hearings) regarding Rule 12.2 motions in limine Both parties file list of witnesses for case-in-chief File any trial stipulations Government files supplemental juror questionnaire submissions Government exhibit list Rule 26.2 witness statement exchange Defense files supplemental juror questionnaire submissions Defense exhibit list Argument on jury instructions Revised list of defense mitigators as necessary Final jury questionnaire completed Jury selection begins May 20, 2016 June 6, 2016 June 10, 2016 June 20, 2016 Week of July 18, 20162 August 10, 2016 August 10, 2016 August 15, 2016 August 17, 2016 August 17, 2016 August 22, 2016 August 24, 2016 September 7, 2016 September 7, 2016 September 7, 2016 September 14, 2016 SO ORDERED. /s/ Leo T. Sorokin Leo T. Sorokin United States District Judge 1 Experts on each side are permitted to revise their initial reports in light of the reports disclosed on April 5 and April 8, 2016. Parties are free to contest the admissibility of the revised reports except that they may not contend a revised report exceeds the bounds of “rebuttal”. 2 The parties’ experts shall make themselves available during this week for live testimony, if necessary, regarding the expert motions in limine. 2
=== Civil Trial Order ===
Case 1:14-cv-13896-LTS Document 79 Filed 11/28/16 Page 1 of 5 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS Plaintiffs, JOSE BARBOSA, et al., ____________________________________ DIRECTV, INC., et al., Defendants. v. Civil Action No. 14-13896-LTS ORDER SETTING CASE FOR TRIAL November 28, 2016 SOROKIN, J. It is ORDERED that the trial of the above-entitled action will commence with jury empanelment on Monday, May 1, 2017, at 9:00 A.M. in Courtroom 13 on the fifth floor. Opening statements and presentation of evidence are to follow immediately thereafter and will continue until 1:00 p.m. The trial will continue from day-to-day until completed. 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 Thursday, April 27, 2017, at 3:00 P.M. in Courtroom 13 on the fifth floor. 2. 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 Friday, March 31, 2017: a. All photographs, documents, instruments and other objects either party intends to offer as exhibits at trial, other than solely for impeachment; 1 Case 1:14-cv-13896-LTS Document 79 Filed 11/28/16 Page 2 of 5 b. c. 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. 3. 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 Monday, April 10, 2017, 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 ¶ 4, infra) and if not resolved, shall be presented to the Court in the Parties’ trial briefs. 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. 4. 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 Monday, April 17, 2017, to discuss and negotiate settlement of the action, to narrow the issues to be tried, and to prepare a joint pretrial memorandum as described below. 5. The Parties shall prepare and file no later than Friday, April 22, 2017, a Joint Pretrial Memorandum which sets forth the following issues pursuant to Local Rule 16.5(D): a. b. c. d. A concise summary of the evidence which will be offered by the Plaintiff and the Defendant with respect to both liability and damages (including special damages, if any); A statement of facts established by the pleadings, by admissions, or by stipulations; Any factual issues in dispute; Any jurisdictional questions; 2 Case 1:14-cv-13896-LTS Document 79 Filed 11/28/16 Page 3 of 5 e. f. g. h. i. j. k. l. m. Any question raised by pending motions; Issues of law, including evidentiary questions, together with supporting authority; Any requested amendments to the pleadings; Any additional matters to aid in the disposition of the action; The probable length of the trial; The names of all witnesses to be called, the purpose of the testimony of each witness (i.e. factual, expert, etc.), and whether the testimony of any such witness is to be presented by deposition. Unless the qualifications of any expert witness are stipulated, a statement of the qualifications shall be included; Utilizing disclosures made pursuant to Sections 2 and 3, above, counsel shall include in their memorandum a “List of Uncontested Exhibits” (photographs, documents, instruments, and all other objects as to which there appear to be no objections), in order of their anticipated introduction to the Court, identified and marked by a single sequence of numbers regardless of which party is the proponent; Utilizing disclosures made pursuant to Sections 2 and 3, above, counsel shall include in their memorandum a “List of Exhibits to be Offered at Trial” of exhibits to which any party reserves the right to object, identified and marked by a single sequence of capital letters regardless of which party is the proponent; and, The parties’ respective positions on any remaining objections to the evidence identified in the pretrial disclosures required by Fed. R. Civ. P. 26(a)(3) and Local Rule 16.5(C), as well as any deposition testimony being offered. 6. Each party shall prepare and file no later than Friday, April 22, 2017, a Trial Brief pursuant to Local Rule 16.5(F) which sets forth the following: a. Motions in limine or other requests regarding foreseeable disputes concerning evidentiary issues, including authority for the ruling requested. b. In cases to be tried by a jury: 3 Case 1:14-cv-13896-LTS Document 79 Filed 11/28/16 Page 4 of 5 i. ii. iii. iv. A succinct and neutral statement summarizing the principal claims and defenses of the parties to be read to the venire during empanelment; The names of all potential witnesses and the city in which the witnesses reside; Any proposed questions for the voir dire examination of the jury; Requests for instructions to the jury, with citation to supporting authority; and, v. Any proposed interrogatories or special verdict form. c. In nonjury cases, proposed findings of fact and requested rulings of law. If any trial materials required by this Order have been previously filed with the Court, please advise the Court in writing of the filing date. 7. Immediately upon receipt of this Order, any counsel who realizes that one or more attorneys in the case have not been notified shall forthwith notify the additional attorney(s) in writing as to the entry of this Order, and shall file a copy of the writing with the Clerk. 8. 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. 4 Case 1:14-cv-13896-LTS Document 79 Filed 11/28/16 Page 5 of 5 9. Counsel are cautioned that failure to comply fully with this Order may result in sanctions to be imposed by the Court. The timely filing of these trial documents is required. /s/ Leo T. Sorokin Leo T. Sorokin United States District Judge 5
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