Judge Sherry R. Fallon

Mediation statements shall NOT be electronically filed because they are not part of the Court record.

Mediation statements shall NOT be electronically filed because they are not part of the Court record.

Civil cases

Page 2 | CONFIDENTIAL MEDIATION STATEMENTS

A redacted version of any sealed document must be filed electronically.

In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Civil cases

Page 6 | Papers Filed Under Seal

Redacted versions of sealed documents must be filed electronically.

A redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Civil cases

Page 6 | 5. Papers Filed Under Seal

Mediation statements must not be electronically filed.

Mediation statements shall NOT be electronically filed since

Page 2 | CONFIDENTIAL MEDIATION STATEMENTS

ADR/mediation communications, including scheduling or rescheduling communications, must not be e-filed or docketed.

IT IS FURTHER ORDERED that any communications regarding the ADR/mediation process, including but not limited to the scheduling or rescheduling of teleconferences or mediation dates, are not to bee-filed or docketed.

Page 1 | ALL MATTERS REFERRED TO A MAGISTRATE JUDGE FOR ALTERNATIVE DISPUTE RESOLUTION/MEDIATION

Mediation statements must not be e-filed or docketed.

Mediation statements are not to bee-filed or docketed.

Page 1 | ALL MATTERS REFERRED TO A MAGISTRATE JUDGE FOR ALTERNATIVE DISPUTE RESOLUTION/MEDIATION

A redacted version of every sealed document must be filed electronically within seven days after the sealed document is filed.

In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Civil cases

Page 4 | Papers Filed Under Seal

Unless the parties agree otherwise, initial disclosures are due within five days of the date of the order.

Unless otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) within five (5) days of the date of this Order.

Civil cases

Page 1 | Discovery

Motions to join parties or amend or supplement pleadings must be filed by the date specified in the blank.

All motions to join other parties, and to amend or supplement the pleadings shall be filed on or before _____________, 20__.

Civil cases

Page 1 | Joinder of Other Parties and Amendment of Pleadings

A Daubert-based objection to expert testimony must be made by motion no later than the dispositive-motion deadline, unless the Court orders otherwise.

To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than the deadline for dispositive motions set forth herein, unless otherwise ordered by the Court.

Civil cases

Page 3 | Objections to Expert Testimony

The party seeking discovery relief must file its letter on the Court-set date, generally at least 72 hours before the conference, excluding weekends and holidays.

On the date set by the Court, generally not less than seventy-two (72) hours prior to the conference, excluding weekends and holidays, the party seeking relief shall file with the Court a letter, not to exceed four (4) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues.

Civil cases

Page 5 | Discovery

An opposing party may file its letter on the Court-set date, generally at least 48 hours before the conference, excluding weekends and holidays.

On the date set by the Court, generally not less than forty-eight (48) hours prior to the conference, excluding weekends and holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, in no less than 12-point font, outlining that party’s reason for its opposition.

Civil cases

Page 5 | Discovery

The redacted version must be filed within seven days after the sealed document is filed.

In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Civil cases

Page 6 | Papers Filed Under Seal

The parties must exchange the claim-term list and proposed constructions on or before the date specified in the order.

On or before __________, 20__, the parties shall exchange a list of those claim term(s)/phrase(s) that they believe need construction and their proposed claim construction of those term(s)/phrase(s).

Civil cases

Page 7 | Claim Construction Issue Identification

The Joint Claim Construction Chart must be filed by the date specified in the order.

Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart to be filed no later than _________, 20__.

Civil cases

Page 7 | Claim Construction Issue Identification

The parties must file the Joint Claim Construction Brief by the date specified in the order.

No later than __________, the parties shall file a Joint Claim Construction Brief.

Civil cases

Page 8 | Claim Construction Briefing

The joint letter addressing whether the parties request a claim-construction hearing is due no later than the Joint Claim Construction Brief deadline.

The parties shall notify the Court, by joint letter submission, no later than the date on which the Joint Claim Construction Brief is due: (i) whether they request

Civil cases

Page 8 | Claim Construction Briefing

Case-dispositive motions, supporting opening briefs, and supporting affidavits must be served and filed by the date specified approximately four months before the pretrial conference.

All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before ______________, 20__ [a date approximately four months prior to the pretrial conference].

Civil cases

Page 9 | Case Dispositive Motions

A Rule 56 case-dispositive motion may not be filed more than ten days before the specified deadline unless the court grants leave.

No case-dispositive motion under Rule 56 may be filed more than ten (10) days before the above date without leave of the Court.

Civil cases

Page 9 | Case Dispositive Motions

The joint proposed final pretrial order must be filed by the date seven days before the Pretrial Conference specified in the order.

The parties shall file with the Court the joint proposed final pretrial order with the information required by the form of Final Pretrial Order which accompanies this Scheduling Order on or before [a date 7 days before the Pretrial Conference], 20__.

Civil cases

Page 11 | Pretrial Conference

Unless the Court orders otherwise, the parties must follow Local Rule 16.3(d)(1)–(3) time frames when preparing the joint proposed final pretrial order.

Unless otherwise ordered by the Court, the parties shall comply with the time frames set forth in Local Rule 16.3(d)(1)-(3) for the preparation of the joint proposed final pretrial order.

Civil cases

Page 11 | Pretrial Conference

Unless the parties agree otherwise, they must make their Rule 26(a)(1) initial disclosures within five days after the Order.

Unless otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) within five (5) days of the date of this Order.

Civil cases

Page 1 | 1. Rule 26(a)(1) Initial Disclosures and E-Discovery Default Standard

The party with the initial burden of proof must serve its initial expert disclosure by the date entered in the schedule.

For the party who has the initial burden of proof on the subject matter, the initial Federal Rule 26(a)(2) disclosure of expert testimony is due on or before , 202 .

Civil cases

Page 3 | 3. Discovery

Reply expert reports from the party with the initial burden of proof are due by the date entered in the schedule.

Reply expert reports from the party with the initial burden of proof are due on or before , 202 .

Civil cases

Page 3 | 3. Discovery

The supplemental expert disclosure to contradict or rebut another party’s evidence is due by the date entered in the schedule.

The supplemental disclosure to contradict or rebut evidence on the same matter identified by another party is due on or before , 202 .

Civil cases

Page 3 | 3. Discovery

Discovery must be initiated in time to be completed by the date entered in the schedule.

All discovery in this case shall be initiated so that it will be completed on or before , 202 .

Civil cases

Page 4 | 3. Discovery

A Daubert-based objection to expert testimony must be raised by motion no later than the dispositive-motion deadline, unless the Court orders otherwise.

To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than the deadline for dispositive motions set forth herein, unless otherwise ordered by the Court.

Civil cases

Page 4 | 3. Discovery

The redacted version of a sealed document is due within seven days of filing the sealed document.

A redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Civil cases

Page 6 | 5. Papers Filed Under Seal

A Rule 56 case-dispositive motion may not be filed more than ten days before the stated deadline without leave of Court.

No case-dispositive motion under Rule 56 may be filed more than ten (10) days before the above date without leave of the Court.

Civil cases

Page 7 | 10. Case Dispositive Motions

Case-dispositive motions, opening briefs, and supporting affidavits, if any, must be filed by the date specified in the order.

All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before , 202 .

Civil cases

Page 7 | 10. Case Dispositive Motions

The parties must file a joint proposed final pretrial order containing the information required by the accompanying form no later than the specified date seven days before the pretrial conference.

The parties shall file with the Court the joint proposed final pretrial order with the information required by the form of Final Pretrial Order which accompanies this Scheduling Order on or before [a date 7 days before the Pretrial Conference], 202 .

Civil cases

Page 8 | 12. Pretrial Conference

Unless the Court orders otherwise, the parties must follow Local Rule 16.3(d)(1)–(3) timeframes when preparing the joint proposed final pretrial order.

Unless otherwise ordered by the Court, the parties shall comply with the timeframes set forth in Local Rule 16.3(d)(1)–(3) for the preparation of the joint proposed final pretrial order.

Civil cases

Page 8 | 12. Pretrial Conference

Where a case is to be tried to a jury, pursuant to Local Rules 47 and 51 the parties should file joint (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms three (3) full business days before the final pretrial conference.

Where a case is to be tried to a jury, pursuant to Local Rules 47 and 51 the parties should file joint (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms three (3) full business days before the final pretrial conference.

Civil cases

Page 9 | 15. Jury Instructions, Voir Dire, and Special Verdict Forms

Objections to a Magistrate Judge’s dispositive or non-dispositive decision are due 14 days after service of the R&R or Order.

WHEREAS pursuant to Federal Rule of Civil Procedure 72, objections to a Magistrate Judge’s decision on dispositive and non-dispositive matters are due within fourteen (14) days after being served with a copy of the Report & Recommendation (“R&R”) or Order,

Civil cases

Page 1 | STANDING ORDER IN NON-PRO SE MATTERS FOR OBJECTIONS FILED UNDER FED. R. CIV. P. 72

The deadline for an attendance-modification request is no later than 14 days before the mediation conference.

Any request to modify this requirement shall be made in writing to the Magistrate Judge, with a copy to all counsel or pro se parties, no later than fourteen (14) days before the mediation conference.

Page 1 | REQUIRED PARTICIPANTS

The separate letter requesting permission to bring electronic equipment is due no later than the date mediation statements are due.

Any request that representatives of a party be permitted to bring electronic equipment to the mediation conference shall be made in writing by counsel and shall be submitted in a separate letter no later than the date on which mediation statements are due (see ¶ 4 above).

Page 5 | REQUEST TO BRING ELECTRONIC EQUIPMENT

Objections to a Magistrate Judge’s dispositive or non-dispositive decision are due within 14 days after service of the R&R or Order.

WHEREAS pursuant to Federal Rule of Civil Procedure 72, objections to a Magistrate Judge’s decision on dispositive and non-dispositive matters are due within fourteen (14) days after being served with a copy of the Report & Recommendation (“R&R”) or Order,

Page 1 | STANDING ORDER IN PRO SE MATTERS FOR OBJECTIONS FILED UNDER FED. R. CIV. P. 72

The motion must be made by the deadline for dispositive motions unless the Court orders otherwise.

Pharm., Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than the deadline for dispositive motions set forth herein, unless otherwise ordered by the Court.

Civil cases

Page 3 | Case Dispositive Motions

An opposing party may file its letter on the Court-set date, generally at least 48 hours before the conference excluding weekends and holidays.

On the date set by the Court, generally not less than forty-eight (48) hours prior to the conference, excluding weekends and holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, in no less than 12-point font, outlining that party’s reason for its opposition.

Civil cases

Page 3 | Discovery Matters and Disputes Relating to Protective Orders

The party seeking relief must file its letter on the Court-set date, generally at least 72 hours before the conference excluding weekends and holidays.

On the date set by the Court, generally not less than seventy-two (72) hours prior to the conference, excluding weekends and holidays, the party seeking relief shall file with the Court a letter, not to exceed four (4) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues.

Civil cases

Page 3 | Discovery Matters and Disputes Relating to Protective Orders

Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten (10) days from the date of this Order.

Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten (10) days from the date of this Order.

Civil cases

Page 4 | Application to Court for Protective Order

The redacted version must be filed within seven days after the sealed document is filed.

In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Civil cases

Page 4 | Papers Filed Under Seal

The joint interim report is due on the date specified in the order, which is left blank in this text.

On ______________, 20__, counsel shall submit a joint interim report to the Court on the nature of the matters in issue and the progress of discovery to date.

Civil cases

Page 5 | Interim Status Report

Case-dispositive motions, opening briefs, and supporting affidavits must be filed by the date specified, approximately four months before the pretrial conference.

All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before ______________, 20__ [a date approximately four months prior to the pretrial conference].

Civil cases

Page 6 | Case Dispositive Motions

A Rule 56 case-dispositive motion may not be filed more than ten days before the specified deadline without leave of Court.

No case dispositive motion under Rule 56 may be filed more than ten (10) days before the above date without leave of the Court.

Civil cases

Page 6 | Case Dispositive Motions

The joint proposed final pretrial order is due on or before seven days before the pretrial conference.

The parties shall file with the Court the joint proposed final pretrial order with the information required by the form of Final Pretrial Order which accompanies this Scheduling Order on or before [a date 7 days before the Pretrial Conference], 20__.

Civil cases

Page 7 | Pretrial Conference

Where a case is to be tried to a jury, pursuant to Local Rules 47 and 51 the parties should file joint (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms three (3) full business days before the final pretrial conference.

Where a case is to be tried to a jury, pursuant to Local Rules 47 and 51 the parties should file joint (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms three (3) full business days before the final pretrial conference.

Civil cases

Page 8 | Jury Instructions, Voir Dire, and Special Verdict Forms

Request to bring electronic equipment must be submitted by the mediation statement due date.

Any request that representatives of a party be permitted to bring electronic equipment to the mediation conference shall be made in writing by counsel and shall be submitted in a separate letter no later than the date on which mediation statements are due (see ¶ 4 above).

Civil cases

Page 5 | REQUEST TO BRING ELECTRONIC EQUIPMENT

The initial-burden party’s reply expert reports are due by the date left blank in the order.

Reply expert reports from the party with the initial burden of proof are due on or before ________.

Civil cases

Page 3 | Disclosure of Expert Testimony

The supplemental expert disclosure is due by the date left blank in the order.

The supplemental disclosure to contradict or rebut evidence on the same matter identified by another party is due on or before ______________, 20__.

Civil cases

Page 3 | Disclosure of Expert Testimony

The initial-burden party’s initial expert disclosure is due by the date left blank in the order.

For the party who has the initial burden of proof on the subject matter, the initial Federal Rule 26(a)(2) disclosure of expert testimony is due on or before _____________, 20__.

Civil cases

Page 3 | Disclosure of Expert Testimony

Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten (10) days from the date of this Order.

Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten (10) days from the date of this Order.

Civil cases

Page 5 | Application to Court for Protective Order

Where a case is to be tried to a jury, pursuant to Local Rules 47 and 51 the parties should file joint (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms three (3) full business days before the final pretrial conference.

Where a case is to be tried to a jury, pursuant to Local Rules 47 and 51 the parties should file joint (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms three (3) full business days before the final pretrial conference.

Civil cases

Page 12 | Jury Instructions, Voir Dire, and Special Verdict Forms

Motions to join parties or amend or supplement pleadings must be filed by the date specified in the Order, but the date is blank in this text.

All motions to join other parties, and to amend or supplement the pleadings shall be filed on or before , 202 .

Civil cases

Page 1 | 2. Joinder of Other Parties and Amendment of Pleadings

The proposed protective order should be submitted within ten days from the date of the Order.

counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten (10) days from the date of this Order.

Civil cases

Page 5 | 4. Application to Court for Protective Order

Motions to join parties or amend or supplement pleadings must be filed by the date to be completed in the Order.

All motions to join other parties, and to amend or supplement the pleadings shall be filed on or before _____________, 20__.

Civil cases

Page 1 | Joinder of Other Parties and Amendment of Pleadings

Within one month after receiving the fact-witness list, each party must serve a list of the rebuttal fact witnesses it intends to call at trial.

Within one (1) month of receipt of such fact witness list, each party shall serve a list of each rebuttal fact witness that it intends to call at trial.

Civil cases

Page 4 | Fact Witnesses to be Called at Trial

Within one month after expert discovery closes, each party must serve the other parties a list of previously disclosed fact witnesses it intends to call at trial, including experts expected to give fact testimony.

Within one (1) month following the close of expert discovery, each party shall serve on the other parties a list of each fact witness (including any expert witness who is also expected to give fact testimony), who has previously been disclosed during discovery and that it intends to call at trial.

Civil cases

Page 4 | Fact Witnesses to be Called at Trial

The parties must serve, but not file, each claim-construction brief on the date specified for that brief.

The Plaintiff shall serve, but not file, its opening brief, not to exceed 20 pages, on __________. The Defendant shall serve, but not file, its answering brief, not to exceed 30 pages, on ____________. The Plaintiff shall serve, but not file, its reply brief, not to exceed 20 pages, on ______________. The Defendant shall serve, but not file, its sur-reply brief, not to exceed 10 pages, on __________.

Civil cases

Page 7 | Claim Construction Briefing

All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before ______________, 20__ [a date approximately four months prior to the pretrial conference].

All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before ______________, 20__ [a date approximately four months prior to the pretrial conference].

Civil cases

Page 9 | Case Dispositive Motions

The parties must exchange demonstratives for opening statements by 8:00 p.m. two nights before opening statements.

The parties will exchange demonstratives to be used in opening statements by 8:00 p.m. two nights before opening statements.

Civil cases

Page 4 | VI. Exhibits

Objections to opening-statement demonstratives must be provided by noon the day before opening statements.

The parties will provide any objections to such demonstratives by 12:00 noon on the day before opening statements.

Civil cases

Page 4 | VI. Exhibits

Demonstrative exhibits for direct examination must be provided by 3:00 p.m. the preceding day.

A party will provide demonstrative exhibits to be used in connection with direct examination by 3:00 p.m. the day before their intended use, and objections will be provided no later than 7:30 p.m. the night before their intended use.

Civil cases

Page 4 | VI. Exhibits

Exhibits for direct examination must be provided by 3:00 p.m. the preceding day.

A party will provide exhibits to be used in connection with direct examination by 3:00 p.m. the day before their intended use, and objections will be provided no later than 7:30 p.m. the night before their intended use.

Civil cases

Page 4 | VI. Exhibits

Case-dispositive motions, opening briefs, and supporting affidavits, if any, must be served and filed by the date specified in the order.

All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before , 202 .

Civil cases

Page 7 | 10. Case Dispositive Motions

Counsel must provide the participant list to the opposing party or parties by the mediation-statement due date.

(b) No later than the date on which the mediation statements are due (see ¶ 4 below), counsel shall submit a list of all participants, including attorney and non-attorney representatives, who will be attending the mediation on behalf of their party, to the opposing party or parties.

Page 2 | EXCHANGE OF LIST OF PARTICIPANTS ATTENDING MEDIATION

The parties must make their initial Rule 26(a)(1) disclosures within five days of the Order unless they agree otherwise.

Unless otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) within five (5) days of the date of this Order.

Civil cases

Page 1 | Rule 26(a)(1) Initial Disclosures and E-Discovery Default Standard

Case-dispositive motions, opening briefs, and supporting affidavits must be served by the specified filing date.

All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before ______________, 20__ [a date approximately four months prior to the pretrial conference].

Civil cases

Page 6 | Case Dispositive Motions

A party intending to use a demonstrative must promptly notify the opposing party of changes made after the deadline.

If any of the demonstratives change after the deadline, the party intending to use the demonstrative will promptly notify the opposing party of the change(s).

Civil cases

Page 4 | VI. Exhibits

Demonstratives created during testimony and demonstratives for cross-examination need not be provided to the other side under this provision.

This provision does not apply to demonstratives created during testimony or demonstratives to be used for cross examination, neither of which need to be provided to the other

Civil cases

Page 4 | VI. Exhibits

Blow-ups or highlights of exhibits, parts of exhibits, or testimony need not be provided to the other side before use.

In addition, blow-ups or highlights of exhibits or parts of exhibits or testimony are not required to be provided to the other side in advance of their use.

Civil cases

Page 5 | VI. Exhibits

The Court encourages parties to serve and respond to contention interrogatories early in the case.

The Court encourages the parties to serve and respond to contention interrogatories early in the case.

Civil cases

Page 4 | 3. Discovery

The Court encourages parties to serve and respond to contention interrogatories early in the case.

The Court encourages the parties to serve and respond to contention interrogatories early in the case.

Civil cases

Page 2 | Discovery Cut Off

Two double-sided courtesy copies of the discovery letters must be hand delivered to the Clerk’s Office within one hour of e-filing.

Two (2) courtesy copies of the letters are to be hand delivered to the Clerk’s Office within one hour of e-filing. All courtesy copies shall be double-sided.

Civil cases

Page 5 | Discovery

The parties must provide the Court with one courtesy copy of each document filed in support of a brief.

and one (1) courtesy copy of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits, etc.).

Civil cases

Page 6 | Courtesy Copies

The courtesy-copy requirements also apply to papers filed under seal.

This provision also applies to papers filed under seal.

Civil cases

Page 6 | Courtesy Copies

The parties must provide the Court with two courtesy copies of every brief.

The parties shall provide to the Court two (2) courtesy copies of all briefs

Civil cases

Page 6 | Courtesy Copies

The parties must provide the Court two double-sided courtesy copies of the joint proposed final pretrial order and all attachments.

The parties shall provide the Court two (2) double-sided courtesy copies of the joint proposed final pretrial order and all attachments.

Civil cases

Page 11 | Pretrial Conference

The jury-trial submission must include a courtesy copy of the documents as electronic Microsoft Word files, submitted to the specified email address.

That submission shall be accompanied by a courtesy copy containing electronic files of these documents in Microsoft Word format, which shall be submitted to Rebecca_Polito@ded.uscourts.gov.

Civil cases

Page 12 | Jury Instructions, Voir Dire, and Special Verdict Forms

Two double-sided courtesy copies of the letters must be hand delivered to the Clerk’s Office within one hour of e-filing.

Two (2) courtesy copies of the letters are to be hand delivered to the Clerk’s Office within one hour of e-filing. All courtesy copies shall be double-sided.

Civil cases

Page 5 | 3. Discovery

The parties must provide two courtesy copies of all briefs and supporting documents, including papers filed under seal.

The parties shall provide to the Court two (2) courtesy copies of all briefs and two (2) courtesy copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits, etc.). This provision also applies to papers filed under seal.

Civil cases

Page 6 | 6. Courtesy Copies

The parties must provide the Court two double-sided courtesy copies of the joint proposed final pretrial order and all attachments.

The parties shall provide the Court two (2) double-sided courtesy copies of the joint proposed final pretrial order and all attachments.

Civil cases

Page 8 | 13. The parties shall provide the Court two (2) double-sided courtesy copies

This submission shall be accompanied by a courtesy copy containing electronic files of these documents in Microsoft Word format, which may be submitted by email to Rebecca_Polito@ded.uscourts.gov.

This submission shall be accompanied by a courtesy copy containing electronic files of these documents in Microsoft Word format, which may be submitted by email to Rebecca_Polito@ded.uscourts.gov.

Civil cases

Page 9 | 15. Jury Instructions, Voir Dire, and Special Verdict Forms

When Rule 72 objections are filed, the objecting party must provide the assigned District Judge courtesy copies of all filings associated with the matter within five days, unless the District Judge orders otherwise.

IT IS ORDERED THAT in all cases in which such objections are filed, unless otherwise ordered by the District Judge, the objecting party must provide the District Judge to whom the case is assigned a courtesy copy of all filings (e.g., motions, briefs, appendices) associated with the matter to which the R&R or Order relates. IT IS FURTHER ORDERED THAT such courtesy copies shall be provided to the District Judge no later than five (5) days after the objections are filed.

Civil cases

Page 1 | STANDING ORDER IN NON-PRO SE MATTERS FOR OBJECTIONS FILED UNDER FED. R. CIV. P. 72

Courtesy copies of discovery dispute letter submissions are to be hand delivered to the Clerk’s Office within one hour of e-filing.

Courtesy copies of discovery dispute letter submissions are to be hand delivered to the Clerk’s Office within one hour of e-filing.

Civil cases

Page 2 | GUIDELINES FOR DISCOVERY MATTERS

In pro se cases where objections are filed, counsel must provide the assigned District Judge courtesy copies of all filings associated with the matter within five days after the objections are filed, unless the District Judge orders otherwise.

IT IS ORDERED THAT in all pro se cases in which such objections are filed, unless otherwise ordered by the District Judge, the party represented by counsel must provide the District Judge to whom the case is assigned a courtesy copy of all filings (e.g., motions, briefs, appendices) associated with the matter to which the R&R or Order relates. IT IS FURTHER ORDERED THAT such courtesy copies shall be provided to the District Judge no later than five (5) days after the objections are filed.

Page 1 | STANDING ORDER IN PRO SE MATTERS FOR OBJECTIONS FILED UNDER FED. R. CIV. P. 72

Two double-sided courtesy copies of the letters must be hand delivered to the Clerk’s Office within one hour of e-filing.

Two (2) courtesy copies of the letters are to be hand delivered to the Clerk’s Office within one hour of e-filing. All courtesy copies shall be double-sided.

Civil cases

Page 3 | Discovery Matters and Disputes Relating to Protective Orders

The parties must provide two courtesy copies of all briefs, including briefs filed under seal.

The parties shall provide to the Court two (2) courtesy copies of all briefs and one (1) courtesy copy of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits, etc.). This provision also applies to papers filed under seal.

Civil cases

Page 5 | Courtesy Copies

Counsel must not deliver copies of papers or correspondence to Chambers unless the Court requests them.

Unless otherwise requested by the Court, counsel shall not deliver copies of papers or correspondence to Chambers.

Civil cases

Page 7 | Applications by Motion

The parties must provide the Court two double-sided courtesy copies of the joint proposed final pretrial order and all attachments.

The parties shall provide the Court two (2) double-sided courtesy copies of the joint proposed final pretrial order and all attachments.

Civil cases

Page 8 | Pretrial Conference

This submission shall be accompanied by a courtesy copy containing electronic files of these documents in Microsoft Word format, which may be submitted by email to Rebecca_Polito@ded.uscourts.gov.

This submission shall be accompanied by a courtesy copy containing electronic files of these documents in Microsoft Word format, which may be submitted by email to Rebecca_Polito@ded.uscourts.gov.

Civil cases

Page 8 | Jury Instructions, Voir Dire, and Special Verdict Forms

Counsel must not deliver copies of papers or correspondence to Chambers unless the Court requests them.

Unless otherwise requested by the Court, counsel shall not deliver copies of papers or correspondence to Chambers.

Civil cases

Page 8 | 11. Applications by Motion

Mediation statements and conference discussions are confidential, cannot be used in any litigation, and breach is subject to sanctions.

The contents of the mediation statements and the mediation conference discussions, including any resolution or settlement, shall remain confidential, shall not be used in the present litigation nor any other litigation (whether presently pending or filed in the future), and shall not be construed as nor constitute an admission. Breach of this provision shall subject the violator to sanctions.

Civil cases

Page 4 | CONFIDENTIALITY

When filing papers under seal, counsel should deliver to the Clerk an original and one (1) copy of the papers. In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

When filing papers under seal, counsel should deliver to the Clerk an original and one (1) copy of the papers. In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Civil cases

Page 6 | Papers Filed Under Seal

Counsel filing papers under seal must follow the District Court’s sealed-civil-documents policy and section G of the electronic filing and service procedures.

When filing papers under seal, counsel shall follow the District Court’s policy on Filing Sealed Civil Documents in CM/ECF and section G of the Administrative Procedures Governing Filing and Service by Electronic Means.

Civil cases

Page 6 | 5. Papers Filed Under Seal

A redacted version of every sealed document must be filed electronically within seven days after the sealed document is filed.

A redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Civil cases

Page 6 | 5. Papers Filed Under Seal

ADR communications and the ADR process are confidential; confidential ADR communications may be disclosed only with court authorization or the parties’ agreement, and the process is not open to the public.

The contents of any written and oral statements made by the participants or their representatives during or in relation to a court-sponsored ADR proceeding, including any ADR-related telephonic or other communications made directly to the Court at any point in the case, are confidential. Disclosure of confidential ADR communications is prohibited , except as authorized by the Court or agreed to by the parties. The ADR process itself is confidential and not open to the public.

Page 1 | ALL MATTERS REFERRED TO A MAGISTRATE JUDGE FOR ALTERNATIVE DISPUTE RESOLUTION/MEDIATION

A party intending to seek sealing or redaction of a transcript should note that intent at the proceeding’s start; a later request must promptly include a sealing motion, specified transcript attachments, and a showing of good cause and serious injury.

Should any party intend to request to seal or redact all or any portion of a transcript of a court proceeding (including a teleconference), such party should expressly note that intent at the start of the court proceeding. Should the party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments: (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted; and (2) a copy of the proposed redacted/sealed transcript. With its request, the party seeking redactions must demonstrate why there is good cause for the redactions and why disclosure of the redacted material would work a clearly defined and serious injury to the party seeking redaction.

Civil cases

Page 5 | Papers Filed Under Seal

When filing papers under seal, counsel should deliver an original and one copy to the Clerk.

When filing papers under seal, counsel should deliver to the Clerk an original and one (1) copy of the papers.

Civil cases

Page 4 | Papers Filed Under Seal

Each party’s Motion for Claim Construction must be filed together with the Joint Claim Construction Chart.

Each party shall file concurrently with the Joint Claim Construction Chart a “Motion for Claim Construction” that requests the Court to adopt the claim construction position(s) of that party set forth in the Joint Claim Construction Chart.

Civil cases

Page 7 | Claim Construction Issue Identification

The parties must serve the individual briefs without filing them, then combine them in sequence into one Joint Claim Construction Brief for filing.

The Plaintiff shall serve, but not file, its opening brief, not to exceed 20 pages, on __________. The Defendant shall serve, but not file, its answering brief, not to exceed 30 pages, on ____________. The Plaintiff shall serve, but not file, its reply brief, not to exceed 20 pages, on ______________. The Defendant shall serve, but not file, its sur-reply brief, not to exceed 10 pages, on __________. No later than __________, the parties shall file a Joint Claim Construction Brief. The parties shall copy and paste their unfiled briefs into one brief, with their positions on each claim term in sequential order, in substantially the form below.

Civil cases

Page 8 | Claim Construction Briefing

Separate briefing on in limine requests is prohibited unless the Court permits it.

No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.

Civil cases

Page 12 | Motions in Limine

Motions in limine must not be filed separately.

Motions in limine shall not be separately filed.

Civil cases

Page 12 | Motions in Limine

In limine requests and responses must be included in the proposed pretrial order rather than filed or briefed separately, unless the Court permits otherwise.

[Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order. Each party shall be limited to five (5) in limine requests, unless otherwise permitted by the Court. The in limine request and any response shall contain the authorities relied upon; each in limine request may be supported by a maximum of three (3) pages of argument and may be opposed by a maximum of three (3) pages of argument, and the party making the in limine request may add a maximum of one (1) additional page in reply in support of its request. If more than one party is supporting or opposing an in limine request, such support or opposition shall be combined in a single three (3) page submission (and, if the moving party, a single one (1) page reply), unless otherwise ordered by the Court. No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.]

Civil cases

Page 5 | IX. Motions in Limine

Motions in limine must not be filed separately; all in limine requests and responses must be included in the proposed pretrial order.

Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.

Civil cases

Page 8 | 14. Motions in Limine

Separate briefing on in limine requests is prohibited unless the Court permits it.

No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.

Civil cases

Page 9

Separate briefing on in limine requests is not permitted unless the Court allows it.

No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.

Civil cases

Page 8 | Motions in Limine

In limine requests and responses must be included in the proposed pretrial order and must not be filed separately.

Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.

Civil cases

Page 8 | Motions in Limine

The party seeking discovery relief must file a letter outlining the disputed issues and its position, generally at least 72 hours before the conference, excluding weekends and holidays.

On the date set by the Court, generally not less than seventy-two (72) hours prior to the conference, excluding weekends and holidays, the party seeking relief shall file with the Court a letter, not to exceed four (4) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues.

Civil cases

Page 5 | Discovery

A party opposing discovery relief may file a letter stating its reason for opposition, generally at least 48 hours before the conference, excluding weekends and holidays.

On the date set by the Court, generally not less than forty-eight (48) hours prior to the conference, excluding weekends and holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, in no less than 12-point font, outlining that party’s reason for its opposition.

Civil cases

Page 5 | Discovery

After exchanging the claim-term list, the parties must meet and confer to prepare the Joint Claim Construction Chart.

Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart to be filed no later than _________, 20__.

Civil cases

Page 7 | Claim Construction Issue Identification

Counsel shall verbally discuss the issues/concerns before seeking the Court’s intervention.

Counsel shall verbally discuss the issues/concerns before seeking the Court’s intervention.

Civil cases

Page 4 | 3. Discovery

If counsel cannot resolve a discovery or protective-order dispute, the moving party should file the specified motion for a teleconference, after which the Court will set a conference and submission deadlines.

Should counsel find they are unable to resolve a discovery matter or a dispute relating to a protective order, 3 the moving party (i.e., the party seeking relief from the Court) should file a “[Joint] Motion for Teleconference to Resolve [Protective Order or Discovery] Dispute.” The suggested text for this motion can be found in Magistrate Judge Fallon’s section of the Court’s website, in the “Forms” tab, under the heading “Discovery Matters - Motion to Resolve Discovery Dispute.” The Court will thereafter order a discovery dispute telephone conference and deadlines for submissions.

Civil cases

Page 4 | 3. Discovery

A party seeking relief must file a letter before the teleconference, and an opposing party may file a letter on the Court-set date; the letters must state the specified positions and the seeking party’s letter must include a proposed order.

two (72) hours prior to the teleconference, excluding weekends and holidays, the party seeking relief shall file with the Court a letter, not to exceed four (4) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. This submission shall include a proposed order, attached as an exhibit, setting out the nature of the relief requested. On the date set by the Court, generally not less than forty-eight (48) hours prior to the conference, excluding weekends and holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, in no less than 12- point font, outlining that party’s reason for its opposition.

Civil cases

Page 5 | 3. Discovery

A party seeking leave to file an early case-dispositive motion must submit a letter brief; any response is due within seven days, and no reply brief may be filed.

A party seeking leave to file a case dispositive motion prior to ten (10) days before the deadline set forth above shall do so by filing a letter brief with the Court of no more than four (4) pages, explaining the reasons why an earlier-filed motion should be permitted. If any party wishes to contest this request, it may do so by filing a responsive letter brief of no more than four (4) pages, within seven (7) days from the date the requesting party filed its brief. No reply briefs shall be filed.

Civil cases

Page 7 | 10. Case Dispositive Motions

Discovery-related Rule 37 sanctions motions must follow the Court’s discovery dispute procedures.

Motions for sanctions under Fed. R. Civ. P. 37 pertaining to discovery shall be brought in accordance with the Court’s discovery dispute procedures.

Civil cases

Page 2 | GUIDELINES FOR DISCOVERY MATTERS

Should counsel find they are unable to resolve a discovery matter or a dispute relating to a protective order, 2 the moving party (i.e., the party seeking relief from the Court) shall file a “[Joint] Motion for Teleconference to Resolve [Protective Order or Discovery] Dispute.” The suggested text for this motion can be found in Magistrate Judge Fallon’s section of the Court’s website in the “Forms” tab, under the heading “Discovery Matters–Motion to Resolve Discovery Dispute.” The Court will thereafter order a discovery telephone conference and deadlines for submissions.

Should counsel find they are unable to resolve a discovery matter or a dispute relating to a protective order, 2 the moving party (i.e., the party seeking relief from the Court) shall file a “[Joint] Motion for Teleconference to Resolve [Protective Order or Discovery] Dispute.” The suggested text for this motion can be found in Magistrate Judge Fallon’s section of the Court’s website in the “Forms” tab, under the heading “Discovery Matters–Motion to Resolve Discovery Dispute.” The Court will thereafter order a discovery telephone conference and deadlines for submissions.

Civil cases

Page 3 | Discovery Matters and Disputes Relating to Protective Orders

Counsel are expected to discuss discovery or protective-order issues verbally before seeking the Court’s intervention.

Counsel are expected to verbally discuss the issues/concerns before seeking the Court’s intervention.

Civil cases

Page 3 | Discovery Matters and Disputes Relating to Protective Orders

Counsel seeking a protective order should confer and try to agree on a proposed form of order for submission within ten days; if they cannot agree, they must follow the discovery-dispute procedure.

Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten (10) days from the date of this Order. Should counsel be unable to reach an agreement on a proposed form of protective order, counsel must follow the provisions of Paragraph 3(d) above.

Civil cases

Page 4 | Application to Court for Protective Order

Counsel are expected to discuss the issues and concerns verbally before seeking Court intervention in a covered discovery or protective-order dispute.

Counsel are expected to verbally discuss the issues/concerns before seeking the Court’s intervention.

Civil cases

Page 4 | Discovery Matters and Disputes Relating to Protective Orders

Counsel seeking a protective order should confer and try to agree on a proposed order, then submit it within ten days of the Order.

Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten (10) days from the date of this Order.

Civil cases

Page 5 | Application to Court for Protective Order

Before applying for a protective order, counsel should confer and try to agree on a proposed order; if they cannot agree, counsel must follow Paragraph 3(f).

Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten (10) days from the date of this Order. Should counsel be unable to reach an agreement on a proposed form of protective order, counsel must follow the provisions of Paragraph 3(f) above.

Civil cases

Page 5 | 4. Application to Court for Protective Order

Counsel are expected to discuss discovery issues verbally before seeking court intervention.

Counsel are expected to first verbally discuss the issues/concerns before seeking the court’s intervention.

Civil cases

Page 1 | GUIDELINES FOR DISCOVERY MATTERS

If the court finds further briefing necessary after the conference, it will order further briefing.

Should the court find further briefing necessary upon conclusion of the conference, the court will order it.

Civil cases

Page 2 | GUIDELINES FOR DISCOVERY MATTERS

Plaintiff’s counsel must initiate the telephone call for the status conference.

Plaintiff’s counsel shall initiate the telephone call.

Civil cases

Page 6 | Status Conference

The courtesy-copy electronic files must be submitted to Rebecca_Polito@ded.uscourts.gov.

That submission shall be accompanied by a courtesy copy containing electronic files of these documents in Microsoft Word format, which shall be submitted to Rebecca_Polito@ded.uscourts.gov.

Civil cases

Page 12 | Jury Instructions, Voir Dire, and Special Verdict Forms

If good-faith efforts do not resolve exhibit objections, the objecting party must bring them to the Court’s attention before the witness is called.

If good faith efforts to resolve the objections fail, the party objecting to the exhibits shall bring its objections to the Court’s attention prior to the witness being called to the witness stand.

Civil cases

Page 4 | VI. Exhibits

Counsel must immediately advise the Court of any problems complying with the Order.

To avoid the imposition of sanctions, counsel shall advise the Court immediately of any problems regarding compliance with this Order.

Page 5 | AVOIDANCE OF SANCTIONS

Mediation statements must not be emailed to Chambers without prior permission.

The mediation statements shall not be filed with the Clerk's Office, nor emailed to Chambers without permission

Civil cases

Page 2 | CONFIDENTIAL MEDIATION STATEMENTS

If all parties have nothing to report or add, they must notify the Court in writing before the conference is scheduled, and the conference will be removed from the calendar.

If all parties agree that there is nothing to report, nor anything to add to the interim status report or to this order, they shall notify the Court in writing before the conference is scheduled to occur, and the conference will be taken off of the Court’s calendar.

Civil cases

Page 7 | Status Conference

Plaintiff’s counsel must initiate the telephone call for the status conference.

Plaintiff’s counsel shall initiate the telephone call.

Civil cases

Page 7 | 9. Status Conference

Mediation statements may not be emailed to Chambers without permission.

The mediation statements shall not be filed with the Clerk's Office, nor emailed to Chambers without permission, but shall be delivered to the Clerk’s Office in an envelope addressed to U. S. Magistrate Judge Sherry R. Fallon and marked “CONFIDENTIAL MEDIATION STATEMENT.”

Page 2 | CONFIDENTIAL MEDIATION STATEMENTS

ADR/mediation communications must be made in the manner designated or ordered by the Magistrate Judge.

Such communications are to be made as designated or ordered by the Magistrate Judge.

Page 1 | ALL MATTERS REFERRED TO A MAGISTRATE JUDGE FOR ALTERNATIVE DISPUTE RESOLUTION/MEDIATION

The status conference will be held by telephone, and plaintiff’s counsel must initiate the call.

On ___________________, 20__, the Court will hold a Rule 16(a), (b) and (c) conference by telephone with counsel beginning at ______ _.m. Plaintiff’s counsel shall initiate the telephone call.

Civil cases

Page 5 | Status Conference

If all parties agree there is nothing to report or add, they must notify the Court in writing before the conference, and it will be removed from the calendar.

If all parties agree that there is nothing to report, nor anything to add to the interim status report or to this order, they shall notify the Court in writing before the conference is scheduled to occur, and the conference will be taken off the Court’s calendar.

Civil cases

Page 6 | Status Conference

Attorneys may possess electronic devices in accordance with the Court's Standing Order.

Any possession by an attorney of an electronic device shall be permitted in accordance with this Court's Standing Order regarding possession by attorneys of cell phones, other

Civil cases

Page 4 | REQUEST TO BRING ELECTRONIC EQUIPMENT

The Court may communicate ex parte with parties before, during, and after the mediation conference.

Before, during, and after the scheduled mediation conference, the Court may find it necessary and useful to communicate with one or more parties outside the presence of the other party or parties.

Civil cases

Page 4 | EX PARTE CONTACTS

The Court may communicate with one or more parties outside the presence of the other parties before, during, or after the mediation conference.

9. Before, during, and after the scheduled mediation conference, the Court may find it necessary and useful to communicate with one or more parties outside the presence of the other party or parties.

Page 4 | EX PARTE CONTACTS

The jury-trial courtesy-copy files may be submitted by email to Rebecca_Polito@ded.uscourts.gov.

This submission shall be accompanied by a courtesy copy containing electronic files of these documents in Microsoft Word format, which may be submitted by email to Rebecca_Polito@ded.uscourts.gov.

Civil cases

Page 8 | Jury Instructions, Voir Dire, and Special Verdict Forms