Judge Elizabeth L Toplin
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Appellate Brief
Courtesy copies
- 1 copy
- 1 copy • Email
Filings > 20 pages
- 1 copy • By Settlement Summary Due Date
Joint Exhibit List, Witness List
- 1 copy • Morning of Trial
Adjournments
- Extensions will only be entertained upon a good cause showing that circumstances beyond counsel's reasonable expectation hampered the progress of the case.
- Continuance requests for settlement conferences will only be granted for the most compelling reasons.
- Should counsel, however, have a professional or personal conflict which may affect the trial schedule, notice should be provided immediately to opposing counsel and the Court.
- +1 more
Request must include
Communication
Chambers
Chambers
Chambers
Phone
Chambers
Page & Word Limits3 rules
Judge Toplin will permit reply briefs not to exceed fifteen (15) pages.
- Reply brief
- Up to 15 pages
Memoranda must not exceed twenty-five (25) pages in length (excluding table of contents and appendices), must be double spaced and must use 12-point font.
- Memorandum
- Up to 25 pages
- Format
- Double-spaced; 12-point
Excluded from page count
- •Table of contents
- •Appendices
The summary should not exceed five (5) pages, excluding attachments.
- Page limit
- Up to 5 pages
Excluded from page count
- •Attachments
Document Filing Requirements17 rules
Counsel must complete and submit an Attorney Admission Application (Pro Hac Vice) before the date of the non-admitted attorney's first appearance.
Should such circumstances arise, Judge Toplin requires a letter brief requesting an extension.
Every assertion of fact in a memorandum must be supported by a citation to the record where that fact may be found. Both legal citations and citations to the record must include pinpoint cites.
Memoranda over fifteen (15) pages in length must include a table of contents and table of authorities.
- Document
- Memorandum
Must include
- •Table of contents
- •Table of authorities
Do not include any documents that are already filed on the docket as exhibits. If you would like Judge Toplin to take notice of these documents, reference them in your summary.
Parties must engage in good faith settlement discussions before submitting the conference summary, then update their settlement positions and submit a joint letter prior to the conference.
Court's wording
Judge Toplin requires the parties to engage in good faith settlement discussions prior to the submission of the written conference summary. Upon submission of the written conference summary and prior to the conference, the parties are required to update their settlement positions and submit a joint letter setting forth
If counsel has not previously filed a joint Rule 26(f) report, Judge Toplin requires one to be filed on the docket one week before the Rule 16 conference.
Unless otherwise ordered, pretrial memoranda must use the short form prescribed by Local Rule 16.1(c) of the E.D. Pa. Local Rules.
Court's wording
Unless specifically provided for by a separate order, Judge Toplin will require the use of the short form pretrial memorandum described in Rule 16.1(c) of the Local Rules of Civil Procedure for the Eastern District of Pennsylvania.
Judge Toplin requires the submission of jointly proposed jury instructions, with notations as to areas of agreement, as well as objections.
The points for charge should be submitted with appropriate citations of legal authority and shall be provided to the Court in accordance with the deadline set forth in the scheduling order.
Counsel must submit a jointly prepared verdict form or proposed special interrogatories in accordance with the deadline set forth in the scheduling order. If counsel is unable to agree, they may submit separate proposed forms of unanimous verdict.
Prior to commencement of trial, counsel must meet and confer to prepare one set of pre-marked trial exhibits for use at trial. The use of duplicate exhibits at trial is discouraged.
Judge Toplin requires counsel to submit proposed findings of fact and conclusions of law in non-jury cases at the final pretrial conference, or at a date set forth in a scheduling order. A supplement will be permitted at the close of trial or, in an appropriate case, after trial.
Organize and bring critical documents. Judge Toplin wants to see them. Attach relevant summary of expert reports to the conference memos. Judge Toplin will review them. Bring any photographs, sketches, diagrams, and charts. Judge Toplin will review them.
In certain cases, Judge Toplin may require that counsel stipulate uncontested facts as generally set out in Local Rule 16.1(d)(2)(b)(2)(A-E).
Judge Toplin prefers use of the Third Circuit Model Jury Instructions whenever possible.
Counsel is encouraged, however, to provide the Court with only the essential and relevant portions of bulky exhibits, together with sufficient material to provide context for the relevant portion of the exhibits.
Filing & Service rules
Electronic Filing Rules
Settlement conference summaries must not be filed with the Clerk's Office.
The summaries are not to be filed with the Clerk's Office.
Page 4 | H. Settlement - 2. Settlement Conference Memoranda
Filing Timing and Cure Windows
The parties must provide the Court with an updated demand and offer four days before the scheduled settlement conference.
In addition, the parties must provide the Court with an updated demand and offer four (4) days before the scheduled conference.
Page 4 | H. Settlement - 2. Settlement Conference Memoranda
Counsel must submit a brief written settlement conference summary one week before the scheduled conference.
Judge Toplin requires counsel to submit a brief, written conference summary one week prior to the scheduled conference.
Page 4 | H. Settlement - 2. Settlement Conference Memoranda
If counsel has not previously filed a joint Rule 26(f) report, Judge Toplin requires one to be filed on the docket one week before the Rule 16 conference.
If counsel has not previously filed a joint Rule 26(f) report, Judge Toplin requires one to be filed on the docket one week before the Rule 16 conference.
Page 6 | I. Consent Cases - 1. Preliminary Telephone Conference
Counsel should submit sentencing memoranda to Judge Toplin one week (7 days) before the scheduled sentencing.
All counsel should submit sentencing memoranda to Judge Toplin one (1) week before the scheduled sentencing.
Page 11 | III. Criminal Cases - A. Sentencing Memoranda
Service and Proof of Service Rules
Counsel must exchange their settlement conference summaries with each other.
Judge Toplin requires that counsel exchange their summaries.
Page 4 | H. Settlement - 2. Settlement Conference Memoranda
Judge Toplin permits correspondence from counsel on any matter, providing all other counsel in the matter are provided copies of such correspondence; and unless otherwise specified.
Judge Toplin permits correspondence from counsel on any matter, providing all other counsel in the matter are provided copies of such correspondence; and unless otherwise specified.
Page 1 | I.A. Correspondence with the Court
Courtesy Copy Requirements
A courtesy copy of all motion papers must be emailed directly to chambers.
Judge Toplin requires a courtesy copy of all motion papers to be sent directly to chambers via email.
Page 3 | F. Chambers Copy of Motions Papers
If motion exhibits exceed 20 pages, a hard copy must be sent to chambers.
If exhibits are over twenty (20) pages, a hard copy must be sent to chambers.
Page 3 | F. Chambers Copy of Motions Papers
If settlement summary attachments exceed 20 pages, a hard copy must be sent to chambers by the date the summaries are due.
If attachments are over twenty (20) pages, a hard copy is to be sent to Judge Toplin's chambers by the date the summaries are due.
Page 4 | H. Settlement - 2. Settlement Conference Memoranda
On the morning of trial, counsel must provide the ESR/court reporter with a copy of the joint exhibit list and a copy of the witness lists.
On the morning of trial, counsel shall provide the ESR/court reporter with a copy of the joint exhibit list and a copy of the witness lists.
Page 9 | o) Preparation of Exhibits
Counsel should provide Judge Toplin with two exhibit binders containing a schedule of exhibits with brief descriptions and copies of each exhibit.
Counsel should provide Judge Toplin with two (2) exhibit binders that consist of a schedule of exhibits with a brief description of each and copies of each exhibit.
Page 9 | o) Preparation of Exhibits
When a decision is appealed, Judge Toplin prefers to receive copies of the appellate briefs (courtesy copies).
If a decision rendered by this Court is appealed, Judge Toplin prefers to receive copies of appellate briefs.
Page 11 | IV. General Matters
Pre-Motion Conference Requirements
Sur-reply briefs are not normally permitted, and counsel must first seek the Court's permission by letter brief before one will be accepted.
Judge Toplin will not normally permit sur-reply briefs; counsel desiring to file a sur- reply must first seek permission of the Court by letter brief, before such a brief will be accepted.
Page 3 | E. Reply and Sur-Reply Briefs
The parties, or their representatives with knowledge of the case and settlement authority, must attend the settlement conference whether in person or via Zoom.
Whether conducted in-person or via Zoom, Judge Toplin requires attendance at the conference by the parties, or the parties' representatives, with knowledge of the case and settlement authority.
Page 5 | 4. Parties' Attendance and Participation
Counsel must make good faith efforts to resolve disputed matters between themselves before seeking the Court's involvement.
Judge Toplin requires that counsel make all good faith efforts to resolve any disputed matter between themselves before seeking involvement of the Court.
Page 2 | II.A. Pretrial Procedure
Parties must confer and advise the Court whether they prefer an in-person or Zoom settlement conference; if they cannot agree, the conference will be conducted in person.
Judge Toplin requires the parties to confer and determine whether they prefer to conduct the settlement conference in person or via Zoom. The parties must advise the Court of their agreed-upon preference. If the parties cannot agree on the format, the settlement conference will be conducted in person.
Page 5 | 4. Parties' Attendance and Participation
At the time of the telephone conference, counsel will be expected to discuss deadlines, discovery issues, possible motions to be filed and the status of settlement discussions (if any).
At the time of the telephone conference, counsel will be expected to discuss deadlines, discovery issues, possible motions to be filed and the status of settlement discussions (if any).
Page 6 | I. Consent Cases - 1. Preliminary Telephone Conference
Adjournment & Extension Requirements
Continuance requests for settlement conferences will only be granted for the most compelling reasons.
Continuance requests will only be granted for the most compelling reasons.
Page 6 | 6. Continuances
Extensions will only be entertained upon a good cause showing that circumstances beyond counsel's reasonable expectation hampered the progress of the case.
Extensions will be entertained upon a good cause showing that the progress of the case circumstances has been hampered by circumstances beyond the reasonable expectation of counsel.
Page 2 | II.B. Continuances and Extensions
Should counsel, however, have a professional or personal conflict which may affect the trial schedule, notice should be provided immediately to opposing counsel and the Court.
Should counsel, however, have a professional or personal conflict which may affect the trial schedule, notice should be provided immediately to opposing counsel and the Court.
Page 7 | 6. Trial Procedure - b) Conflicts of Counsel
Settlement conferences are mandatory court-ordered events, and participants should make every effort to be available because rescheduling can delay the conference by several weeks.
Settlement conferences are scheduled by order of the Court and are not discretionary. Counsel and participants should make all efforts to be available for this conference. Due to the large number of cases scheduled for settlement conferences, any need to reschedule the conference could cause a delay of that conference for several weeks.
Page 5 | 6. Continuances
Chambers Communication Rules
Counsel must notify Judge Toplin's chambers immediately if a matter settles before the scheduled arbitration date or if the parties need to continue the arbitration.
If a matter settles before the scheduled arbitration date or the parties need to continue the arbitration, counsel is to notify Judge Toplin's chambers immediately.
Page 6 | I. Consent Cases - 4. Arbitration
All relevant documents must be emailed to Judge Toplin's chambers email address and Tashia Reynolds in advance of court.
Judge Toplin requires that all relevant documents be emailed to Chambers_of_Magistrate_Judge_Elizabeth_Toplin@paed.uscourts.gov and Tashia_Reynolds@paed.uscourts.gov in advance of court.
Page 11 | III. Criminal Cases - B. Additional Matters
Counsel may contact the courtroom deputy and law clerks about scheduling and administrative matters, but never about the merits of the case.
Judge Toplin permits counsel to communicate with her courtroom deputy and law clerks on scheduling and administrative matters, but never on the merits of a case.
Page 1 | I.B. Communications with Courtroom Deputy and Law Clerks
Counsel seeking relief must initiate the telephone conference by contacting courtroom deputy Tashia Reynolds.
It will be the responsibility of all counsel seeking relief to initiate any such conference by contacting the Judge's courtroom deputy, Tashia Reynolds.
Page 1 | I.D. Telephone Conferences
Parties must attempt to resolve discovery disputes in good faith; if unresolved, counsel may contact the courtroom deputy to arrange telephone or chambers conferences, and motion practice in discovery matters is discouraged.
Judge Toplin expects the parties to resolve discovery disputes without Court intervention. Should counsel be unable, in good faith, to resolve their dispute, Judge Toplin permits contact with the Court through her courtroom deputy to set up telephone or chambers conferences to resolve outstanding issues. The use of motion practice in discovery matters is discouraged.
Page 4 | G. Discovery Matters
Counsel must contact chambers as soon as they become aware of an attendance problem; virtual participation in an in-person conference is permitted only in exceptional circumstances.
In exceptional circumstances, Judge Toplin may permit a person to virtually participate in an in-person conference. Counsel seeking relief must contact chambers as soon as they are aware of a problem with attendance. Counsel and the parties must strictly adhere to this procedure.
Page 5 | 4. Parties' Attendance and Participation
Counsel need not remain in the courthouse during jury deliberations but must be available on short telephone notice and must give their phone number to the courtroom deputy.
Judge Toplin will not require counsel to remain in the courthouse during deliberations but will require counsel to be available on short telephone notice. Counsel must provide the courtroom deputy with their phone number.
Page 10 | t) Jury Deliberations - (4) Availability of Counsel During Jury Deliberations
Judge Toplin sometimes permits letter motions in lieu of formal motions.
Judge Toplin sometimes permits letter motions in lieu of formal motions.
Page 1 | I.A. Correspondence with the Court
Judge Toplin's chambers email address is Chambers_Judge_Toplin@paed.uscourts.gov.
Chambers_Judge_Toplin@paed.uscourts.gov
Page 1 | Chambers Contact Information (header)
Judge Toplin's chambers telephone number is 267-299-7500.
267-299-7500
Page 1 | Chambers Contact Information (header)
Judge Toplin prefers telephone conferences for scheduling conferences, scheduling changes, extensions of time, and routine discovery disputes.
Judge Toplin prefers telephone conferences to be utilized for matters such as scheduling conferences, scheduling changes, extensions of time and routine discovery disputes.
Page 1 | I.D. Telephone Conferences
Counsel may send correspondence to Judge Toplin on any matter, provided all other counsel receive copies.
Judge Toplin permits correspondence from counsel on any matter, providing all other counsel in the matter are provided copies of such correspondence; and unless otherwise specified.
Page 1 | I.A. Correspondence with the Court
Oral arguments and evidentiary hearings deemed necessary by Judge Toplin are scheduled through the courtroom deputy.
To the extent deemed necessary by Judge Toplin, oral arguments and evidentiary hearings will be scheduled through the courtroom deputy.
Page 2 | I.D. Telephone Conferences (continued)
Questions about scheduling a settlement conference should be emailed to Chambers_of_Magistrate_Judge_Elizabeth_Toplin@paed.uscourts.gov, and counsel will receive scheduling instructions from the Deputy after referral.
When a case is referred to Judge Toplin for a settlement conference by a district judge, counsel will receive an email from Judge Toplin's Deputy, Tashia Reynolds, with Judge Toplin's availability and instruction regarding schedule a settlement conference. If you have any questions about scheduling a settlement conference, email Chambers_of_Magistrate_Judge_Elizabeth_Toplin@paed.uscourts.gov .
Page 4 | H. Settlement - 1. Scheduling a Settlement Conference
Counsel may call Tashia Reynolds at 267-299-7500 with questions regarding matters before the Court.
Counsel may contact Tashia Reynolds (267-299-7500) if there are any questions regarding the matters before the Court.
Page 11 | III. Criminal Cases - B. Additional Matters