Standing Order - Order Setting Criminal Jury Trial; Standing Order - Order Setting Civil Jury Trial; Standing Order - Scheduling Order; Standing Order - Notice of Rule 11 Hearing; Standing Order - Notice of Initial Pretrial Conference; Standing Order - Order Regulating Non-Jury Civil Trial; Standing

=== Standing Order - Order Setting Criminal Jury Trial ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS UNITED STATES OF AMERICA v. CRIMINAL NO. Defendant WOODLOCK, J. ORDER SETTING CRIMINAL JURY TRIAL After an Initial Pretrial/Status Conference held on _______, it is hereby ORDERED that: 1. 2. 3. This case is set for a jury trial commencing in Courtroom 1, on the 3rd Floor of the John Joseph Moakley United States Courthouse in Boston at before the Honorable Douglas P. Woodlock. Trial will be conducted on a 9:00am to 1:00pm schedule until deliberations. A further Pretrial Conference shall be held with Judge Woodlock on 1 week before trial in Courtroom #1 on the 3rd floor. Unless excused by the Court, each party shall be represented at the Pre-Trial Conference by counsel who will conduct the trial. Prior to the commencement of trial, the parties shall meet with the deputy clerk for a brief training and testing of the electronic evidence presentation system available in the courtroom to be used during trial and evidentiary hearings. 4. The government shall by 3 weeks before trial disclose to the defendant: (a) The exculpatory information identified in Local Rule 116.2 that has not been previously produced; and (b) 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). 5. 6. Statements (as defined in 18 U.S.C. §3500(e) and Fed.R.Crim.P. 26.2(f of witnesses each party intends to call in their case-in-chief shall be produced by 3 weeks before trial. The parties shall by 3 weeks before trial file as separate submissions proposed voir dire questions, proposed jury instructions, a written stipulation of any facts that they agree are not in dispute, motions in limine, and a trial brief. Any motions in limine with supporting memoranda, shall be filed by 3 weeks before trial. Replies to any motion in limine shall be filed by 2 weeks after above. 7. The government shall no later than 1 week before trial: (a) Provide the defendant 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. (b) Provide the defendant with copies of the exhibits and a premarked list of exhibits the government intends to offer in its case-in-chief. If the governments 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. 8. The defendant shall no later than 3 days before trial: (a) Provide the government with the names and addresses of witnesses the defendant intends to call at trial in its case-in-chief. If the government subsequently forms an intent to call any other witness, the defendant shall promptly notify the government of the name and address of that witness. (b) Provide the government with copies of the exhibits and a premarked list of exhibits the defendant intends to offer in its case-in-chief. If the defendant subsequently decides to offer any additional exhibit in its case-in-chief, the defendant shall promptly provide the government with a copy of the exhibit and a supplemental exhibit list. 2 9. No later than the first day of trial and before impaneling the jury, parties shall electronically file copies (jointly): (a) A list of exhibits to be introduced without objection, identified by a single sequence of numbers, regardless of which party is the proponent of an exhibit, in the form attached hereto as Appendix “A”. (b) A list of marked items to be offered at trial, as to which a party reserves the right to object, identified by a single sequence of capital letters, regardless of which party is the proponent of an exhibit, in the form attached hereto as Appendix “A”. 10. 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. Defense counsel are encouraged, but not required, to bring a cellular telephone with them during jury deliberations, should they desire to leave the courtroom to use the library or the cafeteria, or go to some other location within a 5 minute radius. 11. The following period(s) of time are excluded for Speedy Trial Act purposes, pursuant to 18 U.S.C. §3161(h): . 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. Dated: BY THE COURT _________________ Deputy Clerk 3 APPENDIX “A” USE THIS FORMAT FOR PREPARATION OF EXHIBIT LIST: Exhibit Offered By: Exhibit Number/ Letter Marked [yes/no] Admitted [yes/no] Descrip- tion of Exhibit Offered through Witness: Date Admitted SAMPLE EXHIBIT LIST Third, Fourth, Sixth and Seventh Columns and bracketed material to be completed at trial) Exhibit Offered By: Exhibit Number/ Letter Marked [yes/no] Admitted [yes/no] Government 1 yes yes Defendant 2 yes yes Government 3A yes yes Government 3B yes yes Descrip- tion of Exhibit MGH Hospital Record dated 8/5/98 Boston Police Report dated 8/5/98 3x5 photo of Plaintiff showing injuries 4x6 photo scene of accident Offered through Witness: Date Admitted John Jones 10/10/98 Officer John Smith 10/11/98 Government 10/11/98 Government 10/11/98 4

=== Standing Order - Order Setting Civil Jury Trial ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS Plaintiff, Defendant. v. CIVIL ACTION NO. ORDER SETTING CIVIL JURY TRIAL WOODLOCK, J. 1. This case is set for a jury trial commencing ____________________ in Courtroom 1, on the 3rd Floor of the John Joseph Moakley United States Courthouse in Boston before the Honorable Douglas P. Woodlock. Trial will be conducted on a 9:00 a.m. to 1:00 p.m. schedule until deliberations. 2. The above-entitled action will be called for a Pre- Trial Conference with Judge Woodlock at [generally about 3 weeks before trial ] in Courtroom 1 on the 3rd Floor of the John Joseph Moakley United States Courthouse in Boston. 3. Unless excused by the Court, each party shall be represented at the Pre-Trial Conference by counsel who will conduct the trial. 4. Counsel shall have conferred with their clients and with each other to explore the possibilities of settlement before the Pre-Trial 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. 5. All pending motions and other matters ready for hearing will be considered at the conference. 6. Prior to the Pre-Trial Conference, counsel shall meet and confer for the purpose of preparing, preferably jointly, a Pre-Trial Memorandum for submission to the Court no later than seven days before the Pretrial Conference. Extensions for filing will not be granted without showing of exceptional cause. Failure to file a Pre-Trial Memorandum in a timely manner may result in dismissal, default or other appropriate sanctions. The Pre-Trial Memorandum shall set forth: (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 that will be offered by the plaintiff, defendant, and other parties, with respect to both liability and damages (including special damages, if any); (d) A statement of facts to be submitted to the court or jury: (i) by stipulation; and, (ii) by admission. Counsel shall stipulate to all facts not in genuine 2 dispute; (e) Contested issues of fact; (f) Any jurisdictional questions; (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 and addresses of witnesses who will testify at the trial, and the purpose of the testimony of each witness, i.e., whether factual, medical, expert, etc. Unless the qualifications of any medical or other expert witness are admitted, a brief statement of the qualifications of such witness 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; and (m) A statement regarding damages. 7. In connection with the Pre-Trial Memorandum, but as separate filings made at the same time, the parties shall submit their respective: (a) requests for instructions with citation to supporting 3 authority; (b) any proposed interrogatories or special verdict forms; (c) any proposed questions for the voir dire examination; and (d) motions in limine or other requests regarding foreseeable disputes concerning evidentiary or other issues, including authority for the ruling requested. 8. No later than the first day of trial and before impaneling the jury, parties shall file electronically: (a) A list of exhibits to be introduced without objection, identified by a single sequence of numbers, regardless of which party is the proponent of an exhibit, in the form attached hereto as Appendix “A”. (b) A list of marked items to be offered at trial, as to which a party reserves the right to object, identified by a single sequence of capital letters, regardless of which party is the proponent of an exhibit, in the form attached hereto as Appendix “A”. 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. 4 10. In the event that some disposition of the case is before the Pre-Trial Conference, counsel shall by telephone forthwith notify the Deputy Clerk signing this Order and promptly thereafter submit closing papers. Compliance with this aspect of the Order is not excused, absent the actual filing of closing 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. 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: BY THE COURT, _______________ Deputy Clerk 5 APPENDIX “A” USE THIS FORMAT FOR PREPARATION OF EXHIBIT LIST: Exhibit Offered By: Exhibit Number/ Letter Marked [yes/no] Admitted [yes/no] Descrip- tion of Exhibit Offered through Witness: Date Admitted SAMPLE EXHIBIT LIST (Third, Fourth, Sixth and Seventh Columns and bracketed material to be completed at trial) Exhibit Offered By: Exhibit Number/ Letter Marked [yes/no] Admitted [yes/no] Plaintiff 1 yes yes Defendant 2 yes yes Plaintiff 3A yes yes Plaintiff 3B yes yes Descrip- tion of Exhibit MGH Hospital Record dated 8/5/98 Boston Police Report dated 8/5/98 3x5 photo of Plaintiff showing injuries 4x6 photo scene of accident Offered through Witness: John Jones Date Admitted 10/10/98 Officer John Smith 10/11/98 Plaintiff 10/11/98 Plaintiff 10/11/98 6

=== Standing Order - Scheduling Order ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CIVIL ACTION NO. SCHEDULING ORDER Plaintiff, v. Defendant. WOODLOCK, J. This Order is intended primarily to aid and assist counsel in scheduling and planning the preparation and presentation of cases, thereby insuring the effective, speedy and fair disposition of cases, either by settlement or trial. The above-entitled action having been heard on , it is hereby ORDERED pursuant to Rule 16(b) of the Federal Rules of Civil Procedure and Local Rule 16.1(F), that: (1) amendments and/or supplements to the pleadings shall be filed by , 2008; (2) all trial experts are to be designated and disclosure of information contemplated by Fed. R. Civ. P. Rule 26 provided by the plaintiff(s) no later than , 2008, and by the defendant(s) no later than , 2008; Expert depositions shall be completed by ,2008; (3) discovery is to be completed by , 2008, unless shortened or enlarged by Order of this Court; (4) motions for summary judgment are to be filed by , 2008, after completion of the necessary discovery and responses are to be filed within fourteen (14) calendar days thereafter pursuant to Local Rule 7.1 and all filings must conform to the requirements of Local Rule 56.1; (5) ELECTRONIC FILING: All future submissions in this case are subject to electronic filing and all counsel who choose to appear must make arrangements to register for participation in electronic case filing, if they have not already done so. (6) A further scheduling/status conference is set for , 2008 at___ p.m. in Courtroom 1, on the 3rd Floor of the John Joseph Moakley United States Courthouse in Boston before Judge Woodlock. By SEVEN DAYS BEFORE, the parties shall file a JOINT STATUS REPORT indicating the current status of the case, including discovery proceedings, settlement discussions, pending or contemplated motions, proposed dates for pretrial conferences and for trial, and any other matters which should be addressed at the further conference. All provisions and deadlines contained in this order having been established with the participation of the parties to this case, any requests for modification must be presented to the judge or magistrate judge, if referred for case management proceedings. Any requests for extension will be granted only for good cause shown supported by affidavits, other evidentiary materials, or reference to pertinent portions of the record. The request shall be made by motion and shall contain the reasons for the request, a summary of the discovery which remains to be taken, and a date certain when the requesting party will complete the additional discovery, join other parties, amend the pleadings or file motions. The Court may then enter an amended scheduling order, if necessary. Counsel are encouraged to seek an early resolution of this matter. Additional case management conferences may be scheduled by the court or upon the request of counsel, if the Court can be of assistance in resolving preliminary issues or in settlement. By the Court, DATE: Deputy Clerk

=== Standing Order - Notice of Rule 11 Hearing ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS UNITED STATES OF AMERICA, Plaintiff, v. Defendant. CRIMINAL NO. WOODLOCK, J. NOTICE OF RULE 11 HEARING Take notice that the above-entitled case has been scheduled for a Rule 11 hearing at , in Courtroom 1, on the 3rd Floor of the John Joseph Moakley United States Courthouse in Boston, before the Honorable Douglas P. Woodlock. The parties are advised that the Court will not accept a plea agreement that requires the defendant to waive his/her appeal rights without a reliable demonstration after full hearing that the waiver is knowing and voluntary. The Court deems it the responsibility of the United States Attorney to advise the defendant whether there is a statutory requirement that the defendant be placed in the custody of the United States Marshal immediately following the Court’s entry of a guilty plea. It is ORDERED that a copy of the written plea agreement, together with notice whether detention may follow acceptance of the plea, shall be submitted under seal to the Courtroom Deputy Clerk by no later than 12:00 Noon the day before the scheduled Rule 11 hearing. BY THE COURT, DATE: Deputy Clerk

=== Standing Order - Notice of Initial Pretrial Conference ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS UNITED STATES OF AMERICA v. CRIMINAL NO. NOTICE OF INITIAL PRETRIAL CONFERENCE WOODLOCK, J. Take notice that the above-entitled case has been scheduled for a Status Conference/Initial Pretrial Conference pursuant to Local Rule 117.1, , in Courtroom 1, on the 3rd Floor of the John Joseph Moakley United States Courthouse in Boston with Judge Woodlock. By NOON (WEEK BEFORE ABOVE), the parties shall, ELECTRONICALLY, file a Joint Status report indicating the current status of the case, including 1) proposed trial dates, suppression hearing dates, or Rule 11 dates; 2) whether there are any pending or contemplated motions; 3) whether all or any portion of the case will be resolved short of trial; 4) whether any defendant requests an interpreter (and state the language requested; 5) whether any defendant is in federal or state custody or on release; and 6) whether any defendant is a fugitive; and 7) any other matters which should be addressed at the conference. BY THE COURT, Deputy Clerk DATE:

=== Standing Order - Order Regulating Non-Jury Civil Trial ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS Plaintiff, v. Defendant, CIVIL ACTION NO. ORDER REGULATING NON-JURY CIVIL TRIAL WOODLOCK, J. I. Trial Date This case has been set for non-jury trial on in Courtroom 1 on the 3rd floor of the John Joseph Moakley United States Courthouse in Boston, before the Honorable Douglas P. Woodlock. Trial will be conducted on a 9:00 a.m. to 1:00 p.m. schedule. II. Clarification of Issues and Pre-trial Filings 1. Aims. With the aims of promoting the court's and counsel's understanding of legal and factual issues and using efficiently the public and private resources committed to resolving this dispute, the court (a) will require that proposed findings and conclusions and affidavits to be used in lieu of oral direct examination be filed before trial commences, and (b) will seek to decide the case immediately after oral argument at the conclusion of trial. 2. Initial Proposals. On or before l2 noon, 6 WEEKS BEFORE TRIAL, counsel for the party having the burden of proof on any claim or defense will serve on other counsel (but not file with the clerk) three copies of Proposed Findings of Fact and Conclusions of Law. The statement will list each finding and each conclusion in a separate numbered paragraph. Counsel are encouraged to be concise and to propose only the findings and conclusions that are essential to a claim or defense under the legal theory or theories advanced. 3. a. Marked Response and Additional Proposals. On or before l2 noon, 4 WEEKS BEFORE TRIAL, counsel receiving Proposed Findings and Conclusions pursuant to paragraph 2 will file with the clerk and serve on other counsel a copy of the Proposed Findings and Conclusions, marked as follows: (1) Only those parts of the proposed findings the accuracy of which is genuinely in dispute and only those parts of the conclusions of law that are contested will be underlined. (2) Portions of the proposed findings the admissibility of which is contested will be bracketed. (3) On the margin of the first page will be typed or written the name of the party on whose behalf the Marked Response is filed, followed by the signature of counsel in accordance with Fed. R. Civ. P. 11. b. Counsel receiving Proposed Findings and Conclusions pursuant to paragraph II.2., although not required to do so, may also at the time specified in paragraph II.3.a. above, serve on other counsel three copies of Proposed Additional or Substitute Findings and Conclusions. c. Counsel receiving Proposed Additional or Substitute 2 Findings and Conclusions shall, on or before l2 noon, 2 WEEKS BEFORE TRIAL, file with the clerk and serve on other counsel a Marked response to the Proposed Additional or Substitute Findings and Conclusions. 4. Lists of Witnesses, Depositions and Exhibits. Not later than l2 noon, 4 WEEKS BEFORE TRIAL, each party shall file the following: a. b. c. d. A list of all prospective witnesses, together with the affidavits of each witness whose direct testimony is to be received by affidavit. A list of depositions to be used at trial as part of the party's case in chief, identifying pages or portions to be used. Depositions (or parts thereof) to be used only for impeachment or in cross- examination need not be listed. A list of exhibits to be introduced without objection, identified by a single sequence of numbers, regardless of which party is the proponent of an exhibit. Unless otherwise ordered, plaintiff's exhibits shall commence with exhibit 1 and defendant's exhibits with Exhibit 50l. (Consultation among counsel shall have occurred well in advance of the filing date to determine whether objections will be made to proffered exhibits.) A list of marked items to be offered at trial, as to which an opposing party has reserved the right to object, identified by a sequence of capital letters and the party designation (e.g., PL's A, B, C ...; D's A, B, C ...). A party reserving the right to object must file in writing, on the date stated 3 above in this paragraph, a statement of the grounds of objection. 5. Notice of Intent to Cross-Examine. Not later than l2 noon, 2 WEEKS BEFORE TRIAL, counsel who wishes to cross-examine any witness whose direct testimony is to be received by affidavit shall give written notice to opposing counsel identifying the witness(es) to be cross-examined. 6. Trial Memorandum. Not later than 12 noon, 2 WEEKS BEFORE TRIAL, counsel shall file with the Court and serve upon opposing counsel a final trial memorandum setting forth in no less than 10 and no more than 20 pages a narrative statement referenced to the previously filed proposed findings and conclusions. III. Procedure at Trial 1. Use of Proposed Findings. All parts of proposed findings neither underlined nor bracketed on the copy filed with the clerk before the trial begins will be received in evidence at the beginning of trial as uncontested. No other proof on uncontested matters will be required or accepted. Objections to the admissibility of bracketed, non-underlined parts of the proposed findings will be heard when such parts are offered, unless otherwise ordered. When the relevance or materiality of evidence offered at the trial is questioned, counsel offering the evidence shall be prepared to identify for the court the contested fact issue to which the offered evidence is relevant 4 and material. 2. Testimony. Except as provided in paragraph III.2.d. below, all direct examination of witnesses at trial shall be presented by affidavit. a. An affidavit of a witness, constituting the direct examination, must be in admissible form. That is, each statement in the affidavit must be in form such that if the witness were making the statement orally at trial, in response to a question, it would be admissible under the Federal Rules of Evidence. Statements that would be objectionable as conclusions, or objectionable because of lack of essential foundation evidence, should be avoided. Cf. Fed. R. Civ. P. 56(e). To facilitate use at trial, the affidavit shall be prepared in numbered paragraphs, each of reasonable length. b. When an affidavit is offered in evidence, opposing counsel may present objections. If the court sustains objection to any part of the affidavit, the proponent of the evidence may call the witness to the stand to attempt to cure or avoid grounds of objection and elicit evidence to replace that stricken on objection. This may be done as a completion of the direct examination before cross-examination commences. The court may place limitations on the opportunity for such curative additions to the direct testimony if counsel has inexcusably presented an affidavit not in compliance with paragraph III.2.a. above. c. If notice has been given by opposing counsel in accordance with paragraph II.5. above, the witness must be 5 present for cross-examination and redirect examination. d. In the following circumstances a party may use a deposition or call a witness for oral examination: (1) If notice is given in accordance with paragraph II.4.b. above, the deposition of a witness may be used whenever Fed. R. Civ. P. 32 authorizes its use. (2) An opposing party and anyone having authority to represent that party as officer, director, or managing agent--cf. Fed. R. Civ. P. 32(a)(2)--may be called for oral examination at trial if notice has been given in accordance with paragraph II.4.a. above. (3) For good cause shown and upon motion filed on or before 12 noon, 2 WEEKS BEFORE TRIAL, (or filed thereafter but with good cause shown for late filing), all or part of the direct examination of any witness may be by oral examination at trial. The court may, even if no motion is filed, call a witness for oral examination to aid the court's fact finding; if this is done, the parties will be heard as to whether one or more other witnesses should also be called to assure fair opportunity to develop claims and defenses. 3. Use of Depositions at Trial. Except for good cause shown, no deposition testimony shall be introduced in a case in chief other than those pages or portions as to which notice was given pursuant to II.4.b. above. This limitation shall not apply to the use of deposition testimony for impeachment or in cross- examination. 4. Stipulations. Stipulations may be read at any time except during the testimony of a witness. 5. Documents. At least one-half hour before commencement of trial each day, counsel shall furnish the court reporter with 6 a copy of any document from which counsel intends to read that day, except depositions to be read by two people in question and answer form. Documents to be used during cross-examination are excepted. By the Court, Dated: Deputy Clerk 7

=== Standing Order/Sample Order - Notice of Initial Scheduling Conference, Order for Joint Statement and Certifications, and Order for Electronic Filing ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS Plaintiff, v. CIVIL ACTION Defendant. NOTICE OF INITIAL SCHEDULING CONFERENCE, ORDER FOR JOINT STATEMENT AND CERTIFICATIONS, AND ORDER FOR ELECTRONIC FILING Take Notice that an INITIAL SCHEDULING CONFERENCE will be held with Judge Woodlock in Courtroom 1, on the 3rd Floor of the John Joseph Moakley United States Courthouse in Boston at________________ , in accordance with Fed. R. Civ. P. 16(b) and Local Rule 16.1. The court considers attendance of the senior lawyers ultimately responsible for the case and compliance with sections (B),(C),and(D) of Local Rule 16.11 to be of the utmost importance. In addition, the 1 These sections of Local Rule 16.1 provide: (B) Obligation of counsel to confer. Unless otherwise ordered by the judge, counsel for the parties shall, pursuant to Fed.R.Civ.P. 26(f), confer no later than 21 days before the date for the scheduling conference for the purpose of: (1) preparing an agenda of matters to be discussed at the scheduling conference, (2) preparing a proposed pretrial schedule for the case that includes a plan for discovery, and (3) considering whether they will consent to trial by magistrate judge. (C) Settlement proposals. Unless otherwise ordered by the judge, the plaintiff shall present written settlement proposals to all defendants no later than ten (10) days before the date for the scheduling conference. Defense counsel shall have conferred with their clients on the subject of settlement before the scheduling conference and be prepared to respond to the proposals at the scheduling conference. (D) Joint statement. Unless otherwise ordered by the judge, the parties are required to file, no later than 5 business days before the scheduling conference and after consideration of the topics contemplated by Fed.R.Civ.P. 16(b) and 26(f), a joint statement containing a proposed pretrial schedule, which shall include: (1) a joint discovery plan scheduling the time and length for all discovery events, that shall (a) conform to the obligation to limit discovery set forth in Fed. R. Civ. P. 26(b), and (b) take into account the desirability of conducting phased discovery in which the first phase is limited to developing information needed for a realistic assessment of the case and, if the case does not terminate, the second phase is directed at information needed to prepare for trial; and (2) a proposed schedule for the filing of motions; and (3) certifications signed by counsel and by an authorized representative of each party affirming that each party and that party's counsel have conferred: (a) with a view to establishing a budget for the costs of conducting the full course--and various alternative courses--of the litigation; and (b) to consider the resolution of the litigation through the use of alternative dispute resolution programs such as those outlined in Local Rule 16.4. To the extent that all parties are able to reach agreement on a proposed pretrial schedule, they shall so indicate. To the extent that the parties differ on what the pretrial schedule should be, they shall set forth separately the items on which they differ and indicate the nature of that difference. The purpose of the parties' proposed pretrial schedule or schedules shall be to advise the judge of the parties' best estimates of the amounts of time they will need to accomplish specified pretrial steps. The parties' proposed agenda for the scheduling conference, and their proposed pretrial schedule or schedules, shall be considered by the judge as advisory only. attention of counsel is directed to the attached Standing Order for this session regarding Courtroom Opportunities for Relatively Inexperienced Attorneys, attached to this notice. Counsel may be given a continuance only if actually engaged on trial. Failure to comply fully with this notice and with sections (B), (C), and (D) of Local Rule 16.1 may result in sanctions under Local Rule 1.3. By no later than 2 weeks after the conference, the parties shall comply with Local Rule 26.2(A) with respect to automatic disclosure. The parties are reminded that under Local Rule 26.2(A) no party may initiate any formal discovery unless that party has complied with the requirements of Local Rule 26.2 in its entirety. Counsel for the plaintiff 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. The parties should be prepared to address any outstanding issues or motions at the scheduling conference. ORDER FOR ELECTRONIC FILING 1. Electronic Filings of Pleadings with this Court: It is hereby ORDERED that, unless leave is granted, upon good cause shown, to file paper documents in lieu of electronic filing via this Court’s CM/ECF system, ALL future submissions in this case must be electronically filed. Such filings shall be made in accordance with, and subject to, the terms and conditions of electronic filing as set forth by this Court. All parties and counsel who choose to appear in this action must make arrangements to register for participation in electronic case filing, if they have not already done so. 2 Notices of Hearings, Rulings and Orders of this Court; It is FURTHER ORDERED that Notices, Orders and Memoranda of the Court will only be filed and served electronically. Once a party or counsel has registered for electronic filing, it is his/her responsibility to monitor his/her e-mail to ensure receipt of electronic notices. Any changes in e-mail addresses must be reported to the Court immediately. 3. Help Information Information and help on how to register for CM/ECF may be found at this Court’s website, www.mad.uscourts.gov Deputy Clerk By: _____________________ Date: UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS STANDING ORDER REGARDING COURTROOM OPPORTUNITIES FOR RELATIVELY INEXPERIENCED ATTORNEYS Courtroom opportunities for relatively inexperienced attorneys, particularly those who practice at larger firms, have declined precipitously across the nation in recent years. That decline is due to a variety of factors, but has been exacerbated by the proliferation of rules and orders such as this Court's Notice of Initial Scheduling Conference requiring the appearance of "senior" or “lead” counsel in many court proceedings. In an effort to counter this trend, this session, adopting the policy developed in the Central Division by Judge Saylor and Magistrate Judge Hillman, strongly encourages the participation of relatively inexperienced attorneys in all court proceedings. Such attorneys may handle not only relatively routine matters (such as scheduling conferences or discovery motions), but may also handle, where appropriate, more complex matters (such as motions for summary judgment or the examination of witnesses at trial). The following cautions, however, shall apply. First, even relatively inexperienced attorneys will be held to the highest professional standards with regard to any matter as to which experience is largely irrelevant. In particular, all attorneys appearing in court are expected to be appropriately prepared, regardless of experience. For example, any attorney who is arguing a motion for summary judgment is expected to be thoroughly familiar with the factual record and the applicable law. 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 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 to proceed otherwise. Counsel are encouraged to seek additional guidance from the Court in particular cases concerning the scope or application of this policy. February 1, 2008 /s/ Douglas P. Woodlock DOUGLAS P. WOODLOCK UNITED STATES DISTRICT JUDGE