Standing Order - Courtroom Opportunities for Inexperienced Attorneys; Standing Order - Motion Practice; Order Setting Criminal Jury Trial; Order Setting Civil Jury Trial; Notice of Scheduling Conference

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

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS STANDING ORDER REGARDING COURTROOM OPPORTUNITIES FOR RELATIVELY INEXPERIENCED ATTORNEYS JOUN, D.J. 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. Other judges 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 an attorney who wrote the substantial majority of a party’s briefing relating to the relevant 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 concerning the scope or application of this policy in particular cases. Dated: August 31, 2023 SO ORDERED. /s/ Myong J. Joun United States District Judge

=== Standing Order - Motion Practice ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS STANDING ORDER REGARDING MOTION PRACTICE JOUN, D.J. The Court has adopted the following motion practices governing 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: Counsel are reminded of the twenty (20) page limit set forth in L.R. 7.1(b)(4). Any papers exceeding this limit may be filed only with leave of the Court. 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, L.R. 37.1, regarding discovery motions, and L.R. 56.1, governing motions for summary judgment. B. Deadlines and Procedures for Dispositive Motions: The following deadlines and procedures shall apply to all dispositive motions and related briefs and submissions. For the purposes of this Order, the term “dispositive motions” includes motions to dismiss, motions for summary judgment, motions for judgment on the pleadings, and motions for judgment as a matter of law. 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. 2. Opposition: An opposition is due within fourteen (14) days of service of the motion, except as to motions for summary judgment, where oppositions may be filed within twenty- one (21) days. See L.R. 7.1, L.R. 56.1. 3. Reply: The moving party may file a reply as of right within seven (7) days of the filing of the opposition, except as to motions for summary judgment where a reply may be filed within fourteen (14) days after the opposition is served. 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. 4. Sur-Reply: A sur-reply is not permitted. 5. Cross-Motions for Summary Judgment: Cross-motions for summary judgment are governed by the procedures set forth in Section D(2), infra. 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=. 1 C. Discovery Motions: For the purposes of this Order, the term “discovery motions” includes motions to compel discovery, motions for protective orders, motions to quash, and motions to strike discovery responses. 1. Deadlines: Except for good cause shown, discovery 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 discovery deadline shall be extended solely for the requested discovery. 2. Form of Papers: Counsel shall be mindful of the requirements set forth in L.R. 37.1(b). The moving party’s memorandum in support of any discovery motion shall include each interrogatory, deposition question, request for production, request for admission, or other discovery matter to be decided by the Court, and the response thereto. The moving party must state its position as to each contested issue, with supporting legal authority, immediately following each contested item. D. Motions for Summary Judgment: Counsel shall review and adhere to L.R. 56.1, in addition to the procedures set forth below. 1. Statement of Material Facts: The moving party shall state its facts in a numbered list. When filing its response to the moving party’s statement of material facts, the opposing party shall 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 numbered fact. The opposing party shall then, in the same document, 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. The same process shall apply for the moving party’s reply. Such formatting may look like the following: 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]. 2 2. Cross-Motions: If both sides are filing motions for summary judgment, they shall do so as set forth below. a. Plaintiff shall file its motion, with a memorandum not to exceed twenty (20) pages, on or before the date set forth in the Scheduling Order governing the case; b. Within thirty (30) days of Plaintiff’s submission pursuant to Section D(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 (30) pages; c. Within twenty-one (21) days of Defendant’s submission pursuant to Section D(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 (15) pages; and d. Within fourteen (14) days of Plaintiff’s submission pursuant to Section D(2)(c), Defendant may file a memorandum as its reply in support of its cross-motion, not to exceed five (5) pages. E. ECF Citations: When citing to documents filed on the Court’s electronic docket, e.g., the complaint, another party’s memorandum, or an exhibit to a prior submission, parties shall use the following citation format to ensure that such citations are recognized by ECF’s Citation Links feature: (Doc No. at __). This convention shall be used instead of formats that use the title of the cited document, e.g., the Bluebook format. F. Exhibits: The moving 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. The 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. G. 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. The best practice is to avoid introducing this information into the record in the first place. 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 have waived any right to have it stricken or redacted thereafter. H. Requests for Hearings: Any party making or opposing a motion may include a request for oral argument in a separate paragraph of that motion or opposition. See L.R. 7.1(d). The Court will 3 determine whether a hearing is necessary and set a hearing date on the docket as needed. Otherwise, the Court will decide the motion on the papers. Counsel may request incorporation of a visual presentation during the hearing. All inquiries should be directed to the Courtroom Deputy Clerk. I. Courtesy Copies: Counsel shall provide one courtesy copy to the Clerk’s Office of any electronically filed motion, opposition, or reply, including any supporting documents/exhibits, that exceeds one-hundred (100) pages in length. 1. Courtesy copies shall be double-sided. 2. Courtesy copies must be stamped or otherwise prominently marked as follows: “COURTESY COPY – DO NOT SCAN.” 3. Courtesy Copies shall be delivered to the Clerk’s Office within 3 business days of the electronic filing. 4. Counsel shall include exhibit tabs. 5. Litigants proceeding in forma pauperis are exempt from this requirement. J. Junior Attorneys: Counsel shall review the Court’s Standing Order Regarding Courtroom Opportunities for Relatively Inexperienced Attorneys, which encourages the participation of junior associates and other less experienced lawyers in all court proceedings. In particular, the Court strongly encourages the participation in court of an attorney who wrote the substantial majority of a party’s briefing relating to the relevant proceeding before the Court. Dated: August 31, 2023 SO ORDERED. /s/ Myong J. Joun United States District Judge 4

=== Order Setting Criminal Jury Trial ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS Plaintiff(s), UNITED STATES OF AMERICA, ____________________________________ ____________________________________) Defendant(s). v. , Criminal Action No. -cr- -MJJ ORDER SETTING CRIMINAL JURY TRIAL JOUN, J. It is ORDERED that the trial of this case will commence with jury selection on Monday, , at 9:00 a.m. in Courtroom 20 on the 7th floor. Trial will be conducted on a 9:00 a.m. to 1:00 p.m. schedule until deliberations. However, jury selection will proceed all day, if necessary, until completed. 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 1:00 p.m. The Court will meet with counsel at 8:30 a.m. each day to resolve evidentiary or other legal issues. 1. It is further ORDERED that counsel shall appear for a Final Pretrial Conference on Thursday, , at 3:00 p.m. in Courtroom 20 on the 7th Floor. Unless excused by the Court, each party shall be represented at the Final Pretrial Conference by counsel who will conduct the trial. 1 2. In preparation for the Final Pretrial Conference, it is ORDERED that the government shall disclose, no later than four (4) weeks before the Final Pretrial Conference, the following: a. Exculpatory Information: Disclose to the defendant the exculpatory information identified in Local Rule 116.2 that has not been previously produced; b. Prior Bad Acts Evidence: Disclose to the defendant a general description (including the approximate date, time, and place) of any crime, wrong, or act the government proposes to offer pursuant to Fed. R. Evid. 404(b); c. Witnesses: Absent written objection, provide the defendants with the names and addresses of witnesses the government intends to call at trial in its case-in-chief. If the government subsequently forms an intent to call any other witness, the government shall promptly notify the defendant of the name and address of that prospective witness; d. Witness Statements: Produce statements (as defined in 18 U.S.C. § 3500(e) and Fed. R. Crim. P. 26.2(f of witnesses it intends to call in its case-in-chief; e. Exhibits: Absent written objection, provide the defendants with copies of the exhibits and a premarked list of exhibits the government intends to offer in its case-in-chief. If the government subsequently decides to offer any additional exhibit in its case-in- chief, the government shall promptly provide the defendant with a copy of the exhibit and a supplemental exhibit list. 3. Following the disclosures made pursuant to the previous paragraph, the parties shall serve upon one another, the following: a. b. Motions in Limine, Voir Dire Questions and Jury Instructions: The parties shall, [two weeks before the FPTC], file proposed voir dire questions, proposed jury instructions and any motions in limine with supporting memoranda. Oppositions: The parties shall file, [one week later], responses to any motion in limine and any objections to the other party’s proposed voir dire questions and jury instructions. Objections to jury instructions should include citations to authority where appropriate. If objections include proposed modifications of the voir dire questions or jury instructions, such proposed modifications shall be presented using underlining (for proposed additions) and strike-out (for proposed deletions). Parties shall also provide the clerk, by email or disc, modifiable Microsoft Word copies of this submission. 2 4. In further preparation for the Final Pretrial Conference, it is ORDERED that the Defendant shall file at least two (2) weeks before the Final Pretrial Conference, the following: a. b. c. Witnesses: Absent written objection, provide the government with the names and addresses of the witnesses the defendants intend to call in their case-in- chief. If the defendants subsequently form an intent to call any other witness in their case-in-chief, they shall promptly notify the government of the name and address of that witness; Witness Statements: Absent written objection, produce statements (as defined in 18 U.S.C. § 3500(e) and Fed. R. Crim. P. 26.2(f of witnesses they intend to call in their case-in-chief; Exhibits: Absent written objection, provide the government with copies of the exhibits and a premarked list of the exhibits the defendants intend to offer in their case-in-chief. If the defendants subsequently decide to offer any additional exhibits in their case-in-chief, they shall promptly provide the government with a copy of the exhibit and a supplemental exhibit list. 5. The parties shall prepare and file no later than seven (7) days before the Final Pretrial Conference, the following: a. b. c. d. e. Stipulated Facts: File a written stipulation of any facts that they agree are not in dispute; Exhibits: File a joint exhibit list of all exhibits that a party may offer at trial, identified and marked by a single sequence of letters, regardless of which party is the proponent of an exhibit, with gaps as necessary to reflect any documents the parties no longer may offer at trial, and including notation as to those items the party expects to offer and those it may offer if the need arises, and noting as to each document whether the opposing party: (1) objects to the document; (2) may object to the document and reserves its position on the issue at this time; or (3) has no objection to the document. The list shall be filed in the form of the chart in attached Appendix A; Witnesses: File a list of all witnesses they may call at trial to be read to the jury during voir dire; Trial Brief: File a trial brief addressing any and all foreseeable disputes concerning issues of law; Courtesy Copies: Provide the court with a disc containing courtesy copies of all exhibits, numbered according to the single sequence agreed on by the parties. In addition, Parties shall provide hard copies of these documents by mail to the 3 clerk’s office. The exhibits shall be pre-marked with exhibit stickers containing the numbering set forth in the joint list of all exhibits, and should have extraneous prior exhibit numbers, exhibit stickers, or other numbering removed. Extensions for filing will not be granted without showing of exceptional cause; f. The names, addresses, and telephone numbers of trial counsel. NOTE: IF THE COURT RESCHEDULES THE TRIAL, ALL SUBMISSION DATES IN THIS ORDER REMAIN IN EFFECT UNLESS COUNSEL FILE A MOTION SEEKING LEAVE OF COURT TO MODIFY THEM TO SPECIFICALLY DESIGNATED DATES. Dated: SO ORDERED. Myong J. Joun United States District Judge 4 APPENDIX A USE THIS FORMAT FOR PREPARATION OF THE EXHIBIT LIST: 1 Exhibit Letter for Identification 2 Briefly Describe 3 Party Offering Exhibit 4 Party’s Objection 5 Party’s Explanation for Objection SAMPLE EXHIBIT LIST 1 Exhibit Letter for Identification 2 Briefly Describe 3 Party Offering Exhibit 4 Party’s Objection 5 Party’s Explanation for Objection A B C Hospital record 1/1/2000 Photo of accident scene Police report Pl. Def. Pl. 5

=== Order Setting Civil Jury Trial ===

2. Counsel shall have conferred with their clients and with each other to explore the possibilities of settlement before the Final Pretrial Conference, shall be prepared to advise the Court as to prospects of settlement and shall be themselves authorized or accompanied by persons authorized to engage in settlement discussions and consummate settlement. No excuses will be granted from this obligation. 3. In preparation for the Final Pretrial Conference and in accordance with Fed. R. Civ. P. 26(a)(3) and Local Rule 16.5(c), it is ORDERED that the Parties disclose to one another, no later than four (4) weeks before the Final Pretrial Conference, the following: a. All photographs, documents, instruments, and other objects either party intends to offer as exhibits at trial, other than solely for impeachment; b. The names, addresses, and telephone numbers of witnesses each party intends to call at trial, including expert witnesses; and c. 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. 4. Following the disclosures made pursuant to the previous paragraph, the parties shall serve upon one another, no later than three (3) weeks before the Final Pretrial Conference, 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 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. 5. In further preparation for the Final Pretrial Conference, it is ORDERED pursuant to Local Rule 16.5(d) that the parties meet personally at least two (2) weeks before the Final Pretrial Conference 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. 2 6. The parties shall prepare and file a Joint Pretrial Memorandum no later than seven (7) days before the Final Pretrial Conference. Extensions for filing will not be granted without showing of exceptional cause. The Joint Pretrial Memorandum shall set forth: a. The names, addresses, and telephone numbers of trial counsel; b. A concise summary of the evidence that will be offered by the Plaintiff, the Defendant, and other parties, with respect to both liability and damages (including special damages, if any); c. A statement of facts to be submitted to the court or jury: (i) by pleadings, (ii) by stipulations; or (iii) by admissions. d. Contested issues of fact (counsel shall stipulate to all facts not in genuine dispute); e. Any jurisdictional questions; f. Any questions raised by pending motions; g. 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; k. The names of all witnesses to be called, the city/state in which the witness resides, 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; l. An identification by inclusive page and lines of any portions of depositions or interrogatory responses to be offered at trial and a precise statement of any objections thereto; (i) Counsel shall also include any objections to witnesses or lines of deposition transcripts that has not been resolved pursuant to Local Rule 16.5(c). The parties shall model objections to deposition designations on the example provided in Appendix A; m. Utilizing disclosures made pursuant to Sections 3 and 4, above, counsel shall include in 3 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; n. Utilizing disclosures made pursuant to Sections 3 and 4, above, counsel shall include in their memorandum a “List of Contested Exhibits” 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, (i) Counsel shall also include any objections to all other exhibits in the form attached Appendix B. o. 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). 7. Each party shall prepare and file no later than seven (7) days before the Final Pretrial Conference, a Trial Brief pursuant to Local Rule 16.5(f) which set forth the following: a. A succinct and neutral statement summarizing the principal claims and defenses of the parties to be read to the venire during empanelment; b. Any proposed questions for the voir dire examination of the jury; c. Motions in limine or other requests regarding foreseeable disputes concerning evidentiary or other issues, including authority for the ruling requested; d. Requests for instructions to the jury, with citation to supporting authority; and, e. Any proposed interrogatories or special verdict forms. 8. Any oppositions to motions in limine shall be filed no later than three (3) days before the Final Pretrial Conference. 9. 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 shall file a copy of the writing with the Clerk. 10. If some disposition of the case occurs before the Final Pretrial Conference, counsel shall, by telephone, forthwith notify the Deputy Clerk and promptly thereafter submit closing papers. Compliance with this aspect of the Order is not excused, absent the actual filing of closing 4 papers or the entry of a Settlement Order of Dismissal in a form prescribed by the Court. 11. Counsel are advised of the Court’s “5 minute-rule,” which requires that during jury deliberations, counsel may leave the courtroom, but must appear in court within 5 minutes of a call from the deputy clerk, in order to respond to any jury question or for the return of a verdict. 12. The court’s electronic evidence presentation system is available for use by the parties during trial. Parties shall contact the Deputy Clerk to arrange for training on this equipment. 13. 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. 14. The timely filing of these trial documents is required. Failure to comply with any of the directions set forth above may result in judgment of dismissal or default, or the imposition of other sanctions deemed appropriate by the Court. Dated: SO ORDERED. Myong J. Joun United States District Judge 5 APPENDIX A USE THIS FORMAT FOR THE DEPOSITION DESIGNATION LIST: Witness Name Plaintiffs’ Initial Designation Defendant’s Objection page:line – page:line Rule Defendant’s Explanation (if necessary) Argument Defendant’s Counter-designation (if necessary) page:line – page:line Plaintiffs’ Counter- designation (if necessary) page:line – page:line Witness Name Defendant’s Initial Designation page:line – page:line Rule Plaintiffs’ Objection Plaintiffs’ Explanation (if necessary) Argument 6 APPENDIX B USE THIS FORMAT FOR PREPARATION OF THE EXHIBIT LIST: 1 Exhibit Letter for Identification 2 Briefly Describe 3 Party Offering Exhibit 4 Party’s Objection 5 Party’s Explanation for Objection SAMPLE EXHIBIT LIST 1 Exhibit Letter for Identification 2 Briefly Describe 3 Party Offering Exhibit 4 Party’s Objection 5 Party’s Explanation for Objection A B C Hospital record 1/1/2000 Photo of accident scene Police report Pl. Def. Pl. 7

=== Notice of Scheduling Conference ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS , v. Plaintiff(s), ____________________________________ ____________________________________) Defendant(s). , Civil Action No. -MJJ NOTICE OF SCHEDULING CONFERENCE JOUN, 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 of the United States Courthouse in Boston, Massachusetts on , at p.m. Counsel for the Plaintiff(s) is responsible for ensuring that all parties and/or their attorneys, who have not filed an answer or appearance with the court, are notified of the scheduling conference date. Counsel and the parties shall comply with the terms of Fed. R. Civ. P. 16 and Local Rule 16.1 and, if this is a patent case Local Rule 16.6(A), except as stated below: 1. Agenda Not Required: Counsel may omit the agenda required by Local Rule 16.1 (B)(1) unless: a. Counsel believe that there are matters not otherwise addressed under LR 16.1 that the Court should address at the scheduling conference; b. This is a patent case; or c. Counsel are specifically directed to prepare such an agenda by the Court. 2. Settlement Proposals: Plaintiff(s) shall present written settlement proposals to Defendant(s) no later than 14 days before the scheduling conference. Each Defendant shall present to the Plaintiff(s) a written response to the Plaintiff(s)’ settlement proposal(s) no later than seven days prior to the scheduling conference. 3. Joint Statement: If one party does not cooperate with the other party or parties in preparing the joint statement as required by the Local Rules and this Order, the other party or parties shall file a separate statement containing the information required by this Order, the identity of the party not cooperating in the preparation, and the efforts undertaken to obtain that cooperation. The parties shall also include a concise summary of the position of the plaintiff(s) and defendant(s) regarding both liability and relief sought. 4. 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 within one calendar year from the date of the scheduling conference. The date of the status conference will be set by the Court. 5. 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. 6. Session Standing Orders: Accompanying this Notice is a copy of the Session’s Standing Order Regarding Motion Practice. Counsel should familiarize themselves with this and other standing orders for the session. 7. Reassignment to a Magistrate Judge: The parties shall indicate whether all parties consent to reassignment of the case to a magistrate for all purposes. If all parties consent, the parties should also jointly file a completed “Consent/Refusal of Magistrate Judge Jurisdiction” form available at http://www.mad.uscourts.gov/resources/forms-local.htm. 8. Rule 16 Conference: In the joint submission, the parties may request the Court permit counsel to attend the Rule 16 Conference by videoconference. Dated: /s/ Myong J. Joun United States District Judge By:/s/ Steve York Courtroom Deputy Clerk UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS , Plaintiff(s), ____________________________________ ____________________________________) Defendant(s). v. , Civil Action No. -cv- -MJJ [PROPOSED] SCHEDULING ORDER ______________, 20__ JOUN, 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. Initial Disclosures. Initial disclosures required by Fed. R. Civ. P. 26(a)(1) and by this Court’s Notice of Scheduling Conference must be completed by ______________, 20__. 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 ______________, 20__. 3. Fact Discovery – Interim Deadlines. a. All requests for production of documents and interrogatories must be served by ______________, 20__. b. All requests for admission must be served by ______________, 20__. c. All depositions, other than expert depositions, must be completed by ______________, 20__. 4. Obligation to Supplement. Supplemental disclosures under Fed. R. Civ. P. 26(e) shall be made promptly after the receipt of information by the party or counsel and, in any event, no later than the completion of fact discovery, unless good reason can be shown for why such information was not available. 5. Final Fact Discovery Deadline. All discovery, other than expert discovery, must be completed by ______________, 20__. 6. Status Conference. A status conference will be held on ______________, 20__ __ at __:__ a.m./p.m. By ______________, 20__, [two days prior to the status conference], 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. 7. Expert Discovery. a. Trial experts for the party with the burden of proof must be designated, and the information contemplated by Fed. R. Civ. P. 26(a)(2) must be disclosed, by _______________, 20__. b. Rebuttal trial experts must be designated, and the information contemplated by Fed. R. Civ. P. 26(a)(2) must be disclosed, by ______________, 20__. c. All trial experts must be deposed by ______________, 20__. 8. Summary Judgment Motions. a. Motions for summary judgment must be filed by ______________, 20__. b. Opposition to summary judgment motions are due twenty-one (21) days thereafter. c. Reply memoranda are due within fourteen (14) days of the filing of the opposition. d. Sur-reply memoranda are not permitted. e. In the case of cross-motions, the deadlines and page limits for the filings other than the Plaintiff’s initial motion are set forth in the Session’s Standing Order Regarding Motion Practice in Section D(2) unless specifically modified. 9. Trial. The parties will be ready for trial on Monday, ______________, 20__. Procedural Provisions 1. Extension of Deadlines. All requests to extend or modify deadlines must be made by motion and must state: (1) the original date(s); (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) the reasons for the requested extension; and (5) whether the opposing party consents and, if not, the reasons given for refusing to consent. The motion shall also contain 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 extend or modify deadlines will be granted only for good cause shown. If the requested extension or modification affects any other scheduled dates, a represented party must submit a proposed revised scheduling order using this template. (A pro se party may, but is not required to, submit a proposed revised scheduling order.) Absent an emergency, any request for an extension or adjournment shall be made at least forty-eight hours prior to the deadline or scheduled appearance. 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 seven days after 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. Status Conferences. The Court has scheduled a status conference after (or close to) the close of fact discovery for case management purposes. Upon request of counsel, or at the Court’s own initiative, additional case-management or status conferences may be scheduled. 4. 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. 5. Pretrial Conference. Lead trial counsel are required to attend any pretrial conference. United States District Judge