Standing Order – Notice of Related Cases; Standing Order – Motion Practice; Standing Order – Discovery Disputes; Standing Order – Protective Orders and Motions for Leave to File Under Seal; Standing Order – Local Rule 5.4 and Mandatory Electronic Filing; Standing Order – Requests for Adjournments or

=== Standing Order – Notice of Related Cases ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS STANDING ORDER REGARDING NOTICE OF RELATED CIVIL ACTIONS TALWANI, D.J. May 30, 2014 Counsel of record (including pro se litigants) shall have a duty to inform this court of the filing of related actions, as defined in Local Rule 40.1(G)(1). Counsel shall submit, along with the joint statement pursuant to L.R. 16.1(d), a Notice of Related Actions identifying all known related actions, the date of commencement, the parties thereto, a brief description of the action, and the current status or disposition (if any). Thereafter, counsel shall, within fourteen days of the commencement or termination of any related action, file a Supplemental Notice of Related Actions with this court. If necessary, parties may seek this court’s permission to file a Notice of Related Actions under seal. IT IS SO ORDERED. /s/ Indira Talwani United States District Judge

=== Standing Order – Motion Practice ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS STANDING ORDER REGARDING MOTION PRACTICE 5/30/2014; Revised 5/19/2026 TALWANI, D.J. 1. Counsel and pro se litigants are reminded of the limitations on additional papers and length of memoranda set forth in Local Rule 7.1(b)(3) & (4). The font used in all filings shall be at least 12-point for all text, including footnotes. 2. Any memorandum exceeding ten pages shall include a table of contents and table of authorities (which need not be counted towards the page length). 3. Documents filed through CM/ECF in support of or opposition to a motion shall be filed separately from the motion, using the appropriate event listed under CM/ECF’s “Memoranda, Responses, and Replies” tab. For example, an Affidavit in Support of a Motion shall be filed separately from the Motion. Each exhibit to an Affidavit in Support of a Motion shall be filed as a separate attachment to the Affidavit, with docket text indicating not only the Exhibit number but also a short title for the Exhibit. 4. Memoranda in support of or opposition to a motion shall be filed after evidentiary material is docketed. Citations to the evidentiary material or other material on the docket shall include the CM/ECF generated document number and page number. The following citation convention shall be used to allow hyperlinking and consistent pagination: Document Title (including Exhibit Number), Doc. No. __ at __. Any subsequent reference, other than “Id.,” need not provide the full document title but shall use the Doc. No. __ at __ format to facilitate hyperlinking. 5. Within three business days after docketing a motion-related filing that exceeds twenty pages, counsel shall provide to the District Court Clerk’s Office one courtesy copy that includes CM/ECF headers on all pages. The courtesy copy shall be three-hole punched and include exhibit tabs. Courtesy copies must be stamped or otherwise prominently marked as follows: “COURTESY COPY – DO NOT SCAN, Original Filed Electronically” IT IS SO ORDERED. /s/ Indira Talwani United States District Judge

=== Standing Order – Discovery Disputes ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS STANDING ORDER REGARDING DISCOVERY DISPUTES November 5, 2021 TALWANI, D.J. In an effort “to secure the just, speedy, and inexpensive determination of every action and proceeding,” Fed. R. Civ. P. 1, counsel shall comply with the following procedures when filing any discovery motions. 1. If a discovery dispute arises, the parties must confer in person or via telephone in a good faith effort to resolve or narrow the dispute before seeking court intervention. L.R. 7.1(a)(2) and 37.1(a). 2. If the parties are unable to resolve the discovery dispute, counsel are encouraged to request a conference with the court before filing a discovery motion. 3. If a party opts to file a discovery motion, the motion must comply with Local Rule 37.1, which requires the motion to “state with particularity” the following: Each interrogatory, deposition question, request for production, request for admission or other discovery matter raising an issue to be decided by the court, and the response thereto; and A statement of the moving party’s position as to each contested issue, with supporting legal authority, which statement shall be set forth separately immediately following each contested item. L.R. 37.1(b)(4)-(5). Motions that fail to comply with the rule will be dismissed. 4. The moving party shall also file a proposed order, which shall specify the relief requested as to each disputed issue. 5. The opposing party shall respond to a discovery motion within fourteen calendar days. The response, like the motion, shall state with particularity the opposing party’s position as to each contested issue, with supporting legal authority, which statement shall be set forth separately immediately following each contested item. L.R. 37.1(c) IT IS SO ORDERED. /s/ Indira Talwani United States District Judge

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

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS STANDING ORDER REGARDING STIPULATED PROTECTIVE ORDERS AND MOTIONS FOR LEAVE TO FILE UNDER SEAL TALWANI, D.J. December 4, 2021 In cases where the parties reasonably believe that a protective order is necessary to preserve the confidentiality of documents and information produced in discovery, the parties may stipulate to a proposed protective order. However, notwithstanding the court’s adoption of such an order, a motion requesting leave of court to file materials under seal must include a particularized showing for the need for impoundment. The court is guided in this regard by First Circuit precedent and Local Rule 7.2. Because the public has a “presumptive” right of access to judicial documents, United States v. Kravetz, 706 F.3d 47, 59 (1st Cir. 2013) (citing Siedle v. Putnam Invs., Inc., 147 F.3d 7, 10 (1st Cir. 1998 , “‘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 . The impoundment-seeking party must therefore show that impoundment will not violate the public's presumptive right of access. See Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1130 (9th Cir. 2003) (“A party asserting good cause bears the burden, for each particular document it seeks to protect, of showing that specific prejudice or harm will result if no protective order is granted”) (citing Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1212 (9th Cir. 2002 ; Miller v. City of Bos., 549 F. Supp. 2d 140, 141 (D. Mass. 2008) (“The proponent of a Protective Order bears the burden of establishing ‘good cause’ for its continuation”) (internal citation omitted). For that reason, when seeking to file any documents under seal, a party must show this court good cause for the impoundment. See Kravetz, 706 F.3d at 60. IT IS SO ORDERED. December 4, 2021 /s/ Indira Talwani United States District Judge 2

=== Standing Order – Local Rule 5.4 and Mandatory Electronic Filing ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS STANDING ORDER REGARDING LOCAL RULE 5.4 AND MANDATORY ELECTRONIC FILING June 23, 2014 TALWANI, D.J. Attorneys. Unless exempt or otherwise ordered by the Court, attorneys (including those admitted pro hac vice) must file, sign, verify and serve pleadings or other papers submitted to the Court as required under Local Rule 5.4. Each attorney must obtain an ECF log-in and password by registering for electronic filing through the Court’s web site. Failure to register for ECF may result in sanctions. Pro Se Litigants. Pro se litigants are not required to file electronically. Anyone who is a party to a civil action, and not a prisoner, and who is not represented by an attorney may register as a filer in the CM/ECF system. The party must (1) have the approval of the judicial officer assigned to the case; and (2) attend a training session offered by the clerk’s office on the ECF system or otherwise prove their proficiency on the use of the CM/ECF system before an ECF login will be issued. IT IS SO ORDERED. /s/ Indira Talwani United States District Judge

=== Standing Order – Requests for Adjournments or Extensions of Time ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS STANDING ORDER REGARDING REQUESTS FOR ADJOURNMENTS OR EXTENSIONS OF TIME December 4, 2021 TALWANI, D.J. All requests for adjournments or extensions of time 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. Requests for adjournments or extensions of time may not be made by phone call or email. If the requested adjournment or extension affects any other scheduled dates, a represented party must submit a proposed revised scheduling order using the appropriate scheduling order template available on the court’s website: www.mad.uscourts.gov/boston/talwani.htm. A pro se party may, but is not required to, submit a proposed revised scheduling order. If, in a criminal case, a party seeks an exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161, the party must submit a proposed order to exclude time along with its request for adjournment or extension. 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. IT IS SO ORDERED. /s/ Indira Talwani United States District Judge

=== Standing Order – Courtroom Opportunities For Young Attorneys ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS STANDING ORDER REGARDING COURTROOM OPPORTUNITIES FOR RELATIVELY INEXPERIENCED ATTORNEYS TALWANI, D.J. October 9, 2015 Judges F. Dennis Saylor, Denise Casper, and Timothy Hillman have adopted standing orders strongly encouraging the participation of relatively inexperienced and young attorneys in all court proceedings. Judge Casper noted that the “decline in courtroom opportunities for newer lawyers is widely recognized and is one of concern to both the bench and bar.” Recognizing the importance of the development of future generations of practitioners through courtroom opportunities, the undersigned judge, as a matter of policy, strongly encourages the participation of relatively inexperienced attorneys in all court proceedings including but not limited to initial scheduling conferences, status conferences, hearings on discovery motions and dispositive motions, and examination of witnesses at trial. The following admonitions regarding professionalism, authority, and supervision apply: First, all attorneys appearing in this court, including those who are relativity experienced, will be held to the highest professional standards. These attorneys must be prepared and knowledgeable about the case and applicable law. Second, all attorneys appearing in court should have a degree of authority commensurate with the proceeding. For example, an attorney appearing at a scheduling conference ordinarily should have the authority to propose and agree to a discovery schedule and any other matters reasonably likely to arise at the conference. Third, relatively inexperienced attorneys who seek to participate in evidentiary hearings of substantial complexity, such as examining a witness at trial, should be accompanied and supervised by a more experienced attorney unless the Court gives leave to do otherwise. The undersigned judge hopes that counsel join the Court in effectuating this important policy. Counsel may seek additional guidance from the Court in particular cases concerning the scope and application of this policy. IT IS SO ORDERED. October 9, 2015 /s/ Indira Talwani United States District Judge

=== Template – Proposed Scheduling Order (Civil) ===

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS ___________________________________, Plaintiff(s), v. ___________________________________, Defendant(s). * * * * * * * * * Civil Action No. _____________________ [PROPOSED] SCHEDULING ORDER _________________ TALWANI, 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. 2. 3. 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 ______________. 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 ______________. Fact Discovery. a. All requests for production of documents and interrogatories must be served by ______________. All requests for admission must be served by ______________. b. 4. 5. 6. 7. 8. c. d. All depositions, other than expert depositions, must be completed by ______________. All discovery, other than expert discovery, must be completed by ______________. 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. Close of Fact Discovery Status Conference. A status conference will be held on or about the end of fact discovery. Expert Discovery. a. Plaintiff(s)’ trial expert(s) must be designated, and the information contemplated by Fed. R. Civ. P. 26(a)(2) must be disclosed by ______________. Defendant(s)’ trial experts must be designated, and the information contemplated by Fed. R. Civ. P. 26(a)(2) must be disclosed by ______________. Trial experts must be deposed by ______________. b. c. Dispositive Motions. Dispositive motions, such as motions for summary judgment or partial summary judgment and motions for judgment on the pleadings, must be filed by ______________. PROCEDURAL PROVISIONS 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. 9. 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 2 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. Status Conferences. The court will schedule a status conference after (or close to) the close of fact discovery for case management purposes. Any party who reasonably believes that an additional status conference will assist in the management or resolution of the case may request one from the court upon reasonable notice to opposing counsel. Additional Conferences. Upon request of counsel, or at the court’s own initiative, additional case-management or status conferences may be scheduled. Early Resolution of Issues. The court recognizes that, in some cases, early resolution of one or more preliminary issues may remove a significant impediment to settlement or otherwise expedite resolution of the case. Counsel is encouraged to confer and jointly advise the court of any such issues. Pretrial Conference. Lead trial counsel are required to attend any pretrial conference. Discovery Disputes. Counsel encountering a discovery dispute are encouraged to request a conference with the court before filing a discovery motion. Counsel who opt to file a discovery motion shall comply with the court’s Standing Order on Discovery Disputes. 10. 11. 12. 13. 14. ______________________ United States District Judge 3

=== Template – Proposed Scheduling Order (Patent) ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ______________, Plaintiff(s), v. ______________, Defendant(s). * * * * * * * * * Civil Action No. ______________ [PROPOSED] PATENT SCHEDULING ORDER TALWANI, D.J. _________________ This scheduling order is intended to provide a reasonable timetable for discovery and claim construction in order to help ensure a fair and just resolution of this matter without undue expense or delay. All obligations set forth in Local Rule 16.6 shall apply, with specific deadlines as set forth below. TIMETABLE FOR DISCOVERY AND MOTION PRACTICE Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure and Local Rules 16.1(f) and 16.6, it is hereby ORDERED that: Preliminary Disclosures. 1. 2. 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 ______________. Automatic Patent-Related Disclosures. a. b. c. Patentee’s Preliminary Patent-Related Disclosures. Disclosures required under Local Rule 16.6(d)(1) shall be served by ______________. Conference Concerning Preliminary Patent Disclosures. The conference required by Local Rule 16.6(d)(2) shall occur no later than ______________. Accused Infringer’s Preliminary Production of Technical Documents, Source Code, and Samples of Accused Products. Disclosures required under Local Rule 16.6(d)(4) shall be served by ______________. Claim-Construction Proceedings. 3. Joint Statement. a. b. c. The list of claim terms to be construed and their proposed constructions required under Local Rule 16.6(e)(1)(A) shall be exchanged by ______________. The conference required under Local Rule 16.6(e)(1)(B) shall occur no later than ______________.1 The joint statement required under Local Rule 16.6(e)(1)(D) shall be filed no later than ______________. No more than 10 claim terms shall be submitted for construction unless leave to do so is granted pursuant to Local Rule 16.6(e)(1)(C). The joint statement shall prioritize the disputed terms in order of importance. In addition, the joint statement shall note the anticipated length of time necessary for the claim-construction hearing and whether any party proposes to call witnesses, including a statement that such extrinsic evidence does not conflict with intrinsic evidence. The joint statement shall also include a proposed order in which parties will present their arguments at the claim-construction hearing, which may be term-by-term or party-by-party, depending on the issues in the case. Opening Claim-Construction Briefs. Not later than ______________, the parties shall simultaneously exchange and file opening claim-construction briefs required under Local Rule 16.6(e)(2). Responsive Briefs. Not later than ______________, the parties shall simultaneously exchange and file responsive briefs required under Local Rule 16.6(e)(4). Markman Hearing. The claim-construction hearing will be set by the clerk for a date after responsive briefs are filed. Post-Claim-Construction Status Conference. Within fourteen days after the court’s claim-construction ruling, the parties shall file a joint statement addressing the issues listed in Local Rule 16.6(c)(3) and stating whether a status conference would be beneficial. 4. 5. 6. 7. Other Scheduling Provisions. 8. 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 ______________. 1 If the parties are unable to agree upon the terms to be construed, the parties shall include those terms they agree upon and may include additional terms pursuant to the following equation: additional terms ≤ 0.5 (10 – number of agreed-upon terms). 2 9. 10. 11. 12. 13. 14. Fact Discovery. a. All requests for production of documents and interrogatories must be served by ______________. All requests for admission must be served by ______________. All depositions, other than expert depositions, must be completed by ______________. All discovery, other than expert discovery, must be completed by ______________. 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. Close of Fact Discovery Status Conference. A status conference will be held on or about the end of fact discovery. Expert Discovery. a. Plaintiff(s)’ trial expert(s) must be designated and the information contemplated by Fed. R. Civ. P. 26(a)(2) must be disclosed by ______________. Defendant(s)’ trial experts must be designated and the information contemplated by Fed. R. Civ. P. 26(a)(2) must be disclosed by ______________. Trial experts must be deposed by ______________. b. c. d. b. c. Dispositive Motions. Dispositive motions, such as motions for summary judgment or partial summary judgment and motions for judgment on the pleadings, must be filed by ______________. PROCEDURAL PROVISIONS 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. 3 15. 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. 16. 17. 18. Status Conferences. The court will schedule a status conference after (or close to) the close of fact discovery for case management purposes. Any party who reasonably believes that an additional status conference will assist in the management or resolution of the case may request one from the court upon reasonable notice to opposing counsel. Additional Conferences. Upon request of counsel, or at the court’s own initiative, additional case-management or status conferences may be scheduled. Early Resolution of Issues. The court recognizes that, in some cases, early 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 confer and jointly advise the court of any such issues. 19. Pretrial Conference. Lead trial counsel are required to attend any pretrial conference. 20. Discovery Disputes. Counsel encountering a discovery dispute are encouraged to request a conference with the court before filing a discovery motion. Counsel who opt to file a discovery motion shall comply with the court’s Standing Order on Discovery Disputes. United States District Judge 4