Standing Order - Motions for Stipulated Protective Orders; Standing Order - Briefing of Summary Judgment Motions; Standing Order - Courtroom Opportunities for Relatively Inexperienced Attorneys; Standing Order - Protective Orders in Criminal Cases; Standing Order - Courtesy Copies; Defendant's Waive

=== Standing Order - Motions for Stipulated Protective Orders ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS STANDING ORDER RE: MOTIONS FOR STIPULATED PROTECTIVE ORDERS Boal, M.J. September 20, 2021 In cases where confidential information will be exchanged, any proposed stipulated protective order must contain the following provision: Any party desiring or intending to file with the Court any Confidential Information or any motion, brief, letter, transcript or other paper containing or describing any Confidential Information, shall do so only after filing and obtaining the Court’s ruling on a motion for impoundment pursuant The parties’ confidentiality designations do not bind the Court. Therefore, a party seeking to file any document under seal must have good cause for asserting confidentiality beyond a mere designation of confidentiality under this order. to L.R. 7.2. If a party is seeking to file a document containing its own Confidential Information, it must provide specific reasons for the request. Before filing material designated by another party as confidential, counsel for the party intending to file the Confidential Information shall confer with counsel for the designating party as to whether filing under seal is necessary for the particular material at issue. If the parties so agree, Confidential Information not filed under seal will continue to be protected by the protective order. Otherwise, the filing party shall file a motion to seal and the designating party must file a statement supporting the request to seal within two weeks of the filing of the motion to seal. The parties shall file in the public docket redacted versions of any proposed sealed filings. The parties shall also simultaneously submit unredacted courtesy copies of any proposed sealed filings to the Clerk’s Office, clearly marked NOT FOR DOCKETING – COURTESY COPY – SEALED FILING. In addition, the parties are encouraged to use this Court’s model protective order, which is attached to this Order. SO ORDERED. /s/ Jennifer C. Boal JENNIFER C. BOAL U.S. MAGISTRATE JUDGE 1 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS Plaintiff, ____________________________________ ____________________________________) Defendant. v. Civil Action No.___________ PROTECTIVE ORDER Upon consideration of the Parties’ Joint Motion for a Stipulated Protective Order, it is hereby ORDERED that: 1. Any party or non-party producing or receiving information in the course of discovery in this action (hereinafter, the “Litigation”) may designate such information as “Confidential” if and to the extent necessary to protect privacy interests. a. Written information and/or “documents” as defined under the Federal Rules of Civil Procedure and corresponding case law, produced by the either party or any nonparty, may be designated “Confidential” by marking them conspicuously with the term “CONFIDENTIAL.” b. All documents obtained from third parties by subpoena will be shared promptly with the opposing party. c. Deposition testimony may be designated “Confidential” by designating the portion of the transcript of the deposition that reflects the testimony within fifteen (15) days after counsel’s receipt of the transcript. 2 2. Access to information designated “Confidential” pursuant to section 1 above (hereinafter, “Confidential Information”) shall be limited to: a. Counsel for the Parties, including in-house counsel and employees and agents of such counsel who are required to assist in the conduct of the Litigation; b. The parties themselves, including any officers, directors, employees or agents of the parties who have a reasonable need of access to the information in connection with the prosecution and/or defense of this Action; c. Outside independent persons (i.e., persons not currently or formerly employed by, consulting with, or otherwise associated with any party) who are retained to furnish technical or expert services, and/or to give testimony in this Action; d. The Court and court employees, court reporters and stenographic reporters, jurors and all persons necessary to the conduct of judicial hearings or the trial of the Litigation; and e. Any other person whom counsel collectively agree in writing or whom the Court directs may review the Confidential Information. 3. Any party or non-party may voluntarily disclose to others without restriction any information designated by that party or non-party as Confidential Information, although a document may lose its confidential status if it is made public. 4. Each person appropriately designated pursuant to paragraph 2(c) to receive Confidential Information shall execute an agreement to be bound by this Order in the form attached as Exhibit A. 5. By agreeing that a party may designate information as “Confidential” for purposes of the Litigation, the non-designating party is not entering into a binding admission as 3 to the confidentiality of said information. If any party believes that a designation of any information as “Confidential” is inappropriate, the party may object to such designation and the Parties shall work together in good faith to resolve their disagreement regarding the appropriate designation of the information. If efforts to resolve the disagreement are unsuccessful, the matter shall be resolved by the Court and the party seeking the designation shall have the burden of demonstrating its necessity. However, the information at issue shall be treated as “Confidential” and subject to all of the restrictions of this protective order unless and until the parties agree or the Court orders otherwise. 6. Any party desiring or intending to file with the Court any Confidential Information or any motion, brief, letter, transcript or other paper containing or describing any Confidential Information, shall do so only after filing and obtaining the Court’s ruling on a motion for impoundment pursuant to L.R. 7.2. The Parties’ confidentiality designations do not bind the Court. Therefore, a party seeking to file any document under seal must have good cause for asserting confidentiality beyond a mere designation of confidentiality under this order. 7. If a party is seeking to file a document containing its own Confidential Information, it must provide specific reasons for the request. Before filing material designated by another party as confidential, counsel for the party intending to file the Confidential Information shall confer with counsel for the designating party as to whether filing under seal is necessary for the particular material at issue. If the parties so agree, Confidential Information not filed under seal will continue to be protected by this order. Otherwise, the filing party shall file a motion to seal and the designating party must file a statement supporting the request to seal within two weeks of the filing of the motion to seal. The parties shall file in the public docket redacted versions of any proposed sealed filings. The parties shall also simultaneously submit 4 unredacted courtesy copies of any proposed sealed filings to the Clerk’s Office, clearly marked NOT FOR DOCKETING – COURTESY COPY – SEALED FILING. 8. Confidential Information exchanged in the course of the Litigation (not including information that is publicly available) shall be used by the party or parties to whom the information is produced solely for the pursuit or defense of the Litigation. 9. If any party is subject to contractual or other obligations not to produce or disclose documents or information requested by another party in this Litigation, the parties shall confer in good faith to try to agree on a solution that accommodates the discovery needs of the requesting party and the contractual or other obligations of the non-requesting party. If the parties are unable to agree on such a solution, any party may, by appropriate motion, request that the issue be resolved by the Court. 10. Nothing herein shall be deemed to waive any applicable privilege or work product protection, or to affect the ability of a party to seek relief for an inadvertent disclosure of material protected by privilege or work product protection. 11. All provisions of this order restricting the communication or use of Confidential Information shall continue to be binding after the conclusion of the Litigation, unless otherwise agreed or ordered. Any party to this Protective Order may apply to this Court for modification of this order. 12. Within thirty (30) days of the conclusion of this Litigation, including but not limited to the latest of settlement, arbitration, judgment, and all rights of appeal being exhausted, Confidential Information and any copies thereof shall be returned to the producing party or certified as destroyed, except that the Parties’ counsel shall be permitted to retain their working files on the condition that those files will remain protected. 5 Entered as an order of the Court this ___ day of _______, ___. JENNIFER C. BOAL UNITED STATES MAGISTRATE JUDGE 6 EXHIBIT A I have read and I understand the terms of the Protective Order dated ________________, filed in Case No. _________, pending in the United States District Court for the District of Massachusetts. I agree to comply with and be bound by the provisions of the Protective Order. I understand that any violation of the Protective Order may subject me to sanctions by the Court. I shall not divulge any documents, or copies of documents, designated “Confidential” obtained pursuant to such Protective Order, or the contents of such documents, to any person other than those specifically authorized by the Protective Order. I shall not copy or use such documents except for the purposes of this Action and pursuant to the terms of the Protective Order. As soon as practical, but no later than 30 days after final termination of this Action, I shall return to the attorney from whom I have received them, any documents in my possession designated “Confidential”, and all copies, excerpts, summaries, notes, digests, abstracts, and indices relating to such documents. I submit myself to the jurisdiction of the United States District Court for the District of Massachusetts for the purpose of enforcing or otherwise providing relief relating to the Protective Order. Date: [SIGNATURE] [PRINTED NAME] [ADDRESS] 7

=== Standing Order - Briefing of Summary Judgment Motions ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS STANDING ORDER RE: BRIEFING OF SUMMARY JUDGMENT MOTIONS Boal, M.J. December 15, 2021 The following requirements apply to all summary judgment motions, and all related briefs and submissions, filed in consent cases before U.S. Magistrate Judge Jennifer C. Boal: 1. 2. 3. Reply Briefs: The moving party may file a reply, within seven days of the filing of the opposition, not to exceed twelve pages, double-spaced. Leave of court is required for a longer reply, a longer period of time to file a reply, or a surreply. 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 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 twenty 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 fifteen pages. Statement of Undisputed Facts: The parties shall file one combined statement of material undisputed facts in which the opposing party shall reprint the moving party’s statement of material facts and shall set forth a response to each directly below the appropriate numbered paragraph. 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, Defendants 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. 1 The consolidated 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. In addition, the parties must also email the Deputy Clerk the resulting single consolidated statement of facts for the Court’s review in Microsoft Word. 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. Courtesy Copies: The parties shall submit courtesy copies of their summary judgment papers to the Clerk’s Office within two business days after filing the papers on CM/ECF. The documents must be bound in a binder with exhibits tabbed, clearly marked as a Courtesy Copy, and contain the headers assigned by CM/ECF. ECF Citations: When citing to other documents filed on the Court’s electronic docket in the case (e.g., the complaint, another party’s memorandum of law, or an exhibit in a prior submission), parties shall use the citation format “Docket No. __ at __” in order to ensure that such citations are recognized by the 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). 4. 5. 6. SO ORDERED. /s/ Jennifer C. Boal JENNIFER C. BOAL U.S. MAGISTRATE JUDGE 2

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

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS STANDING ORDER REGARDING COURTROOM OPPORTUNITIES FOR RELATIVELY INEXPERIENCED ATTORNEYS Boal, M.J. December 15, 2021 Courtroom opportunities for relatively inexperienced attorneys, particularly those who practice at larger 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, Sorokin, 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 proceedings 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. 1 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/ Jennifer C. Boal JENNIFER C. BOAL U.S. MAGISTRATE JUDGE 2

=== Standing Order - Protective Orders in Criminal Cases ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS STANDING ORDER RE: MOTIONS FOR PROTECTIVE ORDERS IN CRIMINAL CASES Boal, M.J. February 9, 2022 In criminal cases before this session where the government is seeking a protective order to protect confidential or other sensitive information contained in discovery materials, any proposed stipulated protective order must contain the following provision: When providing protected discovery materials to third parties, defense counsel or his or her agent must inform the person that the materials are provided subject to the terms of this Protective Order and that the person must comply with the terms of this Protective Order, and the person to whom such protected discovery materials are provided must sign an acknowledgement to be bound by the terms of the Protective Order. SO ORDERED. /s/ Jennifer C. Boal JENNIFER C. BOAL U.S. MAGISTRATE JUDGE 1

=== Standing Order - Courtesy Copies ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS STANDING ORDER RE: COURTESY COPIES October 7, 2022 Boal, M.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. Courtesy copies must be bound in a binder with exhibits tabbed, clearly marked as a Courtesy Copy, and contain the headers assigned by CM/ECF. Courtesy copies shall be delivered to the District Court Clerk’s Office within three business days of the electronic filing. SO ORDERED. /s/ Jennifer C. Boal JENNIFER C. BOAL U.S. MAGISTRATE JUDGE

=== Defendant's Waiver of Appearance at Arraignment ===

Criminal No. UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS UNITED STATES OF AMERICA v. __________________________ DEFENDANT’S WAIVER OF APPEARANCE AT ARRAIGNMENT I, ______________________, acknowledge that I have been advised by my attorney that, pursuant to Rules 10 and 43 of the Federal Rules of Criminal Procedure, I have the right to be present in open court to be arraigned, and have the indictment read to me in open court. Pursuant to Rule 10(b) of the Federal Rules of Criminal Procedure, I waive my right to appear in court for arraignment on the indictment in the above-captioned matter. I affirm that I have received a copy of the indictment and I enter a plea of not guilty to the charges in the indictment. Defendant’s Printed Name Attorney’s Printed Name Date Date Pursuant to Rule 10(b) of the Federal Rules of Criminal Procedure, a defendant may waive his or her appearance at an arraignment if he or she meets certain specified conditions including the signing of an affirmation that his or her plea is not guilty. The Court finds that the defendant’s waiver satisfies the requirements of Rule 10(b) and the Court accepts the waiver pursuant to Rule 10(b)(3). _____________________________ JENNIFER C. BOAL U.S. MAGISTRATE JUDGE Dated:

=== Scheduling Order for Referral Cases ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS , Plaintiff, ____________________________________ ____________________________________) Defendant. v. , Civil Action No. SCHEDULING ORDER [Date] 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: The parties will exchange the information required by Fed. R. Civ. P. 26(a)(1) 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. b. All written fact discovery must be served by _________. 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 _________. 1 5. Status Conference. A status conference will be held on ____________ in Courtroom 14 on the 5th floor before the Hon. Jennifer C. Boal, U.S.M.J. By ___________, 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. 6. 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 ____________________. b. Defendant(s)’ trial experts must be designated, and the information required by Fed. R. Civ. P. 26(a)(2) must be disclosed by _________________. c. Expert depositions must be completed 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. 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 2 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. 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. 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

=== Scheduling Order for Consent Cases ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS Plaintiff, ____________________________________ ____________________________________) Defendant. v. Civil Action No.___________ SCHEDULING ORDER [Date] 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: The parties will exchange the information required by Fed. R. Civ. P. 26(a)(1) 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. b. All written fact discovery must be served by _________. 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 ____________ in 1 Courtroom 14 on the 5th floor before the Hon. Jennifer C. Boal, U.S.M.J. By ___________, 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. 6. 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 ____________________. b. Defendant(s)’ trial experts must be designated, and the information required by Fed. R. Civ. P. 26(a)(2) must be disclosed by _________________. c. Expert depositions must be completed 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. c. All motions for summary judgment shall comply with this Session’s Standing Order Re: Briefing of Summary Judgment Motions. 8. Initial Pretrial Conference. An initial pretrial conference will be held on ________ at ______ in Courtroom 14 on the 5th floor before the Hon. Jennifer C. Boal, U.S.M.J. The parties shall 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 do not need to include matters required by Local Rule 16.5(D)(2) or (3). 9. If necessary, trial in this matter will commence on _______________. Procedural Provisions 1. 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 2 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. 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 after service of the opposition memorandum. Parties may otherwise file reply or sur-reply memoranda only with leave of court. When such leave is sought, the moving party may file a proposed reply or sur-reply memorandum with the motion for leave. 4. 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. 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 3 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. /s/ Jennifer C. Boal JENNIFER C. BOAL United States Magistrate Judge 4

=== Initial Pretrial Order ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS Plaintiff, _________________, ____________________________________ ____________________________________) _________________, Defendant. v. Civil Action No. _________ ORDER SETTING CASE FOR TRIAL [DATE] Boal, M.J. It is ORDERED that the trial of this action will commence on [DATE] at [TIME] in Courtroom 14 on the fifth floor. Trial will be conducted on the following schedule: 9:00 a.m. to 1:00 p.m. until its conclusion.1 The parties should consider the date to be a firm trial date and plan accordingly. 1. Pursuant to Fed. R. Civ. P. 16 and Local Rule 16.5, it is further ORDERED that counsel shall appear for an Initial Pretrial Conference on [DATE 1 month before trial date] at [TIME] in Courtroom 14 on the fifth floor. Unless excused by the Court, each party shall be represented at the Final Pretrial Conference by counsel who will conduct the trial. 1 The parties should be prepared to be in court all day on the first day of trial. 1 2. In accordance with Fed. R. Civ. P. 26(a)(3) and Local Rule 16.5(C), the parties shall disclose to one another, by no later than the close of business on [DATE 1 month before ¶ 1]: 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; C. The names of witnesses, if any, whose testimony is to be presented by means of deposition, an identification by inclusive page and lines of those portions of the deposition testimony to be offered at trial, 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 [DATE 1 week after ¶ 2 ], a list describing any objections to the proposed exhibits and witnesses described in paragraph 2 above and the grounds therefor. Pursuant to Local Rule 16.5(C), these objections shall be one of the subjects to 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 of the Federal Rules of Evidence, may be waived according to Fed. R. Civ. P. 26(a)(3), unless excused by the Court for good cause. 4. Pursuant to Local Rule 16.5(D), the parties shall meet personally on or before [DATE 1 week after ¶ 3 ], 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 5. The parties shall prepare and file no later than [DATE 1 week after ¶ 4], a Joint Pretrial Memorandum which sets forth the following issues pursuant to Local Rule 16.5(D): A. The names, addresses and telephone numbers of trial counsel; B. Whether the case is to be tried with or without a jury; C. A concise summary of the evidence which will be offered by the parties with respect to both liability and damages (including special damages, if any); D. A statement of facts established by the pleadings, by admissions, or by E. F. G. H. I. J. K. L. stipulations; Any factual issues in dispute; Any jurisdictional questions; Any questions 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 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; M. Utilizing disclosures made pursuant to paragraphs 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 3 marked by a single sequence of numbers regardless of which party is the proponent; N. Utilizing disclosures made pursuant to paragraphs 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 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), as well as any deposition testimony being offered. 6. Joint Proposed Jury Instructions. The parties shall confer and reach an agreement on each proposed jury instruction. In the event the parties cannot agree upon one or more of the proposed instructions, they may submit alternative proposed instructions which shall contain citations to legal authority to support the particular language employed. Proposed instructions are not required on preliminary matters such as burden of proof and credibility. Such proposed jury instructions shall be filed no later than [DATE – Same as ¶ 5]. A party may submit proposed instructions during trial only if the evidence develops other than as reasonably anticipated. In the event a party wishes to submit additional proposed instructions during trial on matters that could have been reasonably anticipated, the party should seek and obtain leave of court before submitting any such instructions. 7. No later than [DATE - Same as ¶ 5], each party shall prepare and file the following: A. Motions in limine or other requests regarding foreseeable disputes concerning evidentiary issues, including authority for the ruling requested. 4 B. In cases to be tried to a jury, a trial brief setting forth: i. A succinct and neutral statement summarizing the principal claims and defenses of the parties to be read to the venire during empanelment; ii. Any proposed questions for the voir dire examination of the jury; iii. Any proposed interrogatories or special verdict form. C. In nonjury cases, proposed findings of fact and requested rulings of law. 8. 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. 9. 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 of 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 counsel 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. 5 10. The timely filing of these trial documents is required. Failure to comply with any of the directions set forth above may result in judgment or dismissal or default or the imposition of other sanctions deemed appropriate by the Court. /s/ Jennifer C. Boal JENNIFER C. BOAL UNITED STATES MAGISTRATE JUDGE 6