Standing Order - Motions for Leave to File Under Seal and Stipulated Protective Orders; Standing Order - Motions for Default Judgement; Sample Mediation Order

=== Standing Order - Motions for Leave to File Under Seal and Stipulated Protective Orders ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS STANDING ORDER REGARDING MOTIONS FOR LEAVE TO FILE UNDER SEAL AND STIPULATED PROTECTIVE ORDERS LEVENSON, M.J. Generally, the Court DENIES motions to seal memoranda and attachments in their entirety on the ground that a presumption of openness governs court filings. The Court is guided in this regard by First Circuit precedent and by Local Rules 7.2 and 83.6.11.1 Because the public has a “presumptive” right of access to judicial documents, United States v. Kravetz, 706 F.3d 47, 59 (1st Cir. 2013), “‘only the most compelling reasons can justify non-disclosure of judicial records’ that come within the scope of the common-law right of access.” Id. (quoting In re Providence Journal Co., 293 F.3d 1, 10 (1st Cir. 2002 . For truly confidential matters, a party may request to file a document under seal and publicly file a redacted copy. A party seeking leave to file under seal has the burden to show that sealing is justified by “compelling reasons” that outweigh the public’s presumptive right of access. To justify sealing, a party must make a particular factual demonstration of potential harm. See id. at 60. Mere conclusory statements will not suffice. See id. Any party that wishes for the Court to consider information without disclosing that information to the public shall publicly file a redacted version of the document as an attachment to a motion to file the unredacted document under seal. The motion to file under seal shall be supported by an affidavit explaining the need for the sealing. The affidavit shall identify each redaction by page number and set forth the justification for each redaction. The motion shall 1 Although Local Rule 7.2 refers to a “motion to impound,” I will use the more common term and refer to a “motion to file under seal.” comply with Local Rule 7.2 and shall describe generally (1) the material or information sought to be filed under seal (without disclosing the substance of the material in question); (2) the requested duration of the sealing; and (3) the legal grounds for the sealing and its duration. Any party or non-party may file an opposition to a motion to file under seal within seven days of the motion’s filing. The result of the Court’s decision on a motion to file under seal will be public. If the Court grants a motion to file under seal, the moving party shall, within seven days, (1) file the unredacted filing under seal, (2) file the redacted version on the public docket, and (3) serve a copy of the unredacted version upon all parties.2 A party seeking leave to file under seal has the burden to justify the sealing. Mere agreement of the parties to designate discovery materials as confidential is not, by itself, justification. Likewise, the mere entry of a discovery order limiting disclosure of discovery materials is not, by itself, justification. The attorney for the party seeking to file material under seal shall be responsible for ensuring that there are appropriate legal grounds for withholding such material from the public. When the party seeking protection is not the party filing the document, the parties shall—when feasible—confer prior to any party filing the document on the public docket. In the event that the filing party has been unable to confer with opposing parties in a meaningful way before the filing of a document containing confidential information, or if the filing party and non-filing parties disagree as to whether a motion to file under seal is justified, the filing party should contact the Deputy Clerk. In most circumstances, the Court will set a conference with the parties to review the proposed redactions. 2 If the Court denies a motion to file under seal, the next steps will be set forth in the Court’s order. 2 At any time, on its own motion or upon motion of a party or non-party, the Court may require a party to show cause for continued sealing of material filed under seal. Dated: August 6, 2025 SO ORDERED, /s/ Paul G. Levenson Paul G. Levenson U.S. MAGISTRATE JUDGE 3

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

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS STANDING ORDER REGARDING MOTIONS FOR DEFAULT JUDGMENT LEVENSON, U.S.M.J. To ensure compliance with Rule 55 of the Federal Rules of Civil Procedure, counsel are advised of the following requirements for submission of a motion for default judgment following the clerk’s entry of a notice of default. This session has received motions for default judgment which do not on their face comply with Fed. R. Civ. P. 55, most often due to a failure to provide affidavits (a) substantiating entitlement to the damages or remedy sought, (b) satisfying the Servicemembers Civil Relief Act, 50 U.S.C. § 3931, and (c) attesting that no party against whom default is sought is an infant or incompetent person. To avoid such failings, the following procedural orders will apply in this session. The goal is to prompt counsel to comply with Fed. R. Civ. P. 55, expedite resolution of such motions, and avoid the diversion of resources associated with preparing individualized procedural orders. Accordingly, the following Standing ORDER Regarding Motions for Default Judgment will be observed in this session: 1. A party making a motion for default judgment shall comply with all the requirements of Fed. R. Civ. P. 55, including those related to filing of affidavits. 2. If the moving party seeks a default judgment for a sum certain, pursuant to Fed. R. Civ. P. 55(b)(1), the moving party shall also submit an appropriate form of order in the fashion of the draft order attached hereto as Appendix A. Such compliance must be completed no later than 14 days after the filing of the motion itself. 3. If the moving party seeks a default judgment for any amount other than a sum certain, pursuant to Fed. R. Civ. P. 55(b)(2), the moving party shall submit affidavits addressing all aspects of the relief it seeks. Such affidavits and other supporting documentation must be submitted no later than 14 days after the filing of the motion itself. 4. Within the 14-day period for compliance by the moving party, the party against whom default judgment is sought shall have an opportunity to file a substantiated opposition to the default judgment motion and to request a hearing thereon. 5. The Court will take up the motion for default judgment on the papers at the conclusion of the 14-day period. Should the motion for default judgment at that time fail to comply with Fed. R. Civ. P. 55 or 50 U.S.C. § 3931, the Court may deny the motion and prohibit any renewal of such motion within six months of the denial. Any renewed motion for default judgment may not include a request for interest, costs or attorneys’ fees after the date of the original motion for default judgment. 6. The moving party shall file its motion for default judgment within 30 days of the date of the clerk’s entry of an order directing the moving party to this standing ORDER. If for any reason the moving party cannot take timely and appropriate action, the moving party party shall file an affidavit describing the status of this case and shall show good cause as to why this case should remain on the docket. 2 Failure to comply with this paragraph may result in the entry of dismissal of the moving party's claims for want of prosecution. Dated: February 2, 2026 SO ORDERED, /s/ Paul G. Levenson Paul G. Levenson U.S. MAGISTRATE JUDGE 3 Appendix A UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS No. Plaintiff, v. Defendant. FORM OF DEFAULT JUDGMENT LEVENSON, U.S.M.J. 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: NOTE: The post judgment interest rate effective this date is _____%. By the Court, Deputy Clerk 4

=== Sample Mediation Order ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS Plaintiffs John Doe and Jane Roe, __________________________________________ __________________________________________) Richard Roe, et al., Defendants. v. Civ. Action No. 2X-cv-XXXXX-XXX NOTICE AND ORDER WITH RESPECT TO MEDIATION LEVENSON, U.S.M.J. The parties are hereby notified that in accordance with the Order of Reference (Docket No. 30) referring this case for Alternative Dispute Resolution, the Court has scheduled a mediation conference at: 9:30 a.m. on ____day, Month __, 202X Courtroom 25, John J. Moakley Courthouse. Counsel are directed to be present with their respective clients or representatives thereof without limitation on their authority to negotiate and commit to settlement terms that, in their discretion, may be acceptable. The Court has also scheduled a pre-mediation conference for counsel (clients are not required to attend), at: 9:30 a.m. on ____day, Month __, , 202X (remote only) It shall be understood that: (a) all parties and counsel will participate in this court- sponsored mediation in good faith, with the interest of settling the matter on mutually acceptable terms; (b) the entire mediation process, including all communications during any in-person, video, or audio portion of the process, is confidential; (c) all statements made during the course of mediation are privileged settlement discussions, made without prejudice to any party's legal position, and inadmissible for any purpose in any legal proceeding; (d) no party, participant, or representative shall seek in any proceeding to compel the mediator to testify and/or produce any document with respect to the mediation; and (e) by participating in this court-sponsored mediation, all parties, counsel, and other participants agree to be bound by these conditions and shall keep confidential all communications exchanged during the mediation process. If the scheduled date for this mediation poses a serious conflict, please do NOT contact the Courtroom Deputy directly regarding mediation scheduling; instead, the parties shall confer and file on CM/ECF an assented-to motion to continue the mediation, including in that motion several proposed dates for which all counsel and principals are available. By no later than ten (10) days before the mediation, each party separately shall provide the Court a confidential settlement memorandum (marked “Confidential – Not for Docketing”) of no more than eight pages addressing with candor, in labeled sections, each of the following points: 1. A brief analysis of the key issues involved in the litigation, including a specifically itemized breakdown of claimed damages. 2. A description of the strongest and weakest legal and factual points in the party’s case and in the opponent’s case. 3. A brief report on the status of settlement negotiations, including the last settlement proposal made by each side. In this regard, counsel are directed to confer with their clients in advance of the mediation conference to explore the party’s settlement position. A settlement proposal that the party believes would be fair. The settlement proposal that the party would be willing to make in order to conclude the matter at this time. 4. 5. 6. A list of the expected attendees at the mediation along with a brief explanation of their role or title. Each memorandum shall be held in confidence by the court and shall not be filed on CM/ECF. The memoranda should be sent by email to Rose Dumoulin, Deputy Clerk, [email protected]. If you believe the case is not ripe for mediation1 you must notify opposing counsel and the Court as soon as possible. Month __, 202X SO ORDERED, /s/ Paul G. Levenson PAUL G. LEVENSON UNITED STATES MAGISTRATE JUDGE 1 Examples of reasons why a case might not be ripe for mediation are: (1) crucial discovery has not been completed; (2) one or more of the parties is unwilling to settle on any terms; or (3) one or more of the parties is unwilling to settle on terms other than ones that another party or parties will find impossible to accept.