Judge Elizabeth T. Hey
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy • Hand Delivery • Upon Filing
- Hand Delivery • Upon Filing
Adjournments
- Joint settlement conference requests must be made at least 45 days before the requested date.
- Requests to cancel or postpone settlement conference must be received at least two weeks in advance.
Communication
Chambers
Page & Word Limits1 rule
confidential settlement memorandum of no more than four typed double-spaced pages
- Settlement memorandum
- Up to 4 pages
- Format
- Double-spaced
Document Format Requirements1 rule
Exhibits shall be provided to the Court in the form of a jointly prepared, loose leaf Exhibit Book separately numbering Joint Exhibits, Plaintiff's Exhibits, and Defendant's Exhibits.
- Exhibits
Formatting
- •Jointly prepared
Document Filing Requirements20 rules
A Pretrial Stipulation, signed by all counsel, shall be filed by (date).
- Document
- Pretrial stipulation
Must include
- •Signed by all counsel
Judge Hey requires that parties and representatives with authority participate in settlement conferences.
- Document
- Settlement conference
Must include
- •Parties with authority
If the parties have agreed that certain discovery should take place prior to the conference, they must complete that discovery before the conference.
If the parties have not been in contact with Judge Hey respecting settlement prior to the end of all discovery, they shall provide a status report respecting settlement to Judge Hey by that date.
Proposed findings of fact and conclusions of law to be submitted in hard copy and emailed to the law clerk assigned to the case.
In lieu of pretrial memoranda or a Final Pretrial Order, under Local Rules 16.1(d)(1) and (2), a Pretrial Stipulation shall be submitted, containing the following:
Settlement memorandum must include specific content: counsel info, party representative, pending motions, discovery status, claims, damages, last demand/offer, and other relevant matters.
Court's wording
setting out the following in order: 1. The names, telephone numbers, and email addresses of counsel to appear at the conference on behalf of the party; 2. The name of the party or the party’s representative, including insurer if applicable (with title or position) to appear at the conference; 3. The status of any pending motions; 4. The status of discovery; 5. A brief statement of the elements and manner of proof of the party’s claims and/or defenses; 6. A brief statement of the party’s damages and manner of proof of their damages or, as appropriate, its position on damages claimed by any opposing party; 7. The last demand and/or offer: and 8. Any other matters that counsel believe may be relevant to settlement discussions.
In lieu of pretrial memoranda or a Final Pretrial Order, under Local Rules 16.1(d)(1) and (2), a Pretrial Stipulation shall be submitted, containing the following:
Two jointly prepared loose leaf Exhibit Books required, separately numbered
Court's wording
Two copies of each party's exhibits, as marked for trial. (Any objections to authenticity should be noted or will be considered waived. Exhibits shall be provided to the Court in the form of two, jointly prepared, loose leaf Exhibit Books, each separately numbering Joint Exhibits, Plaintiff's Exhibits, and Defendant's Exhibits.)
IT SHALL BE THE RESPONSIBILITY OF PLAINTIFF'S COUNSEL TO CIRCULATE A DRAFT OF THIS PRETRIAL STIPULATION AT LEAST ONE WEEK BEFORE IT IS DUE.
Voir dire questions, jury instructions, and verdict form must be submitted in hard copy and emailed to law clerk
Court's wording
Proposed voir dire questions, requests for jury instructions, and a proposed jury verdict form. Counsel shall make a good faith effort to agree upon as many of these items as possible. (THESE ITEMS ARE TO BE SUBMITTED IN HARD COPY AND EMAILED TO THE LAW CLERK ASSIGNED TO THE CASE.)
Statement of electronic equipment required; contact Ed Morrissy for assistance
Court's wording
A statement of the electronic equipment that each side will be bringing for the presentation of its case and any request for additional electronic equipment that counsel will request the court to provide. Judge Hey has a fully electronic courtroom. If you require assistance with the electronics, please contact Ed Morrissy at 267-299-7044.
Judge Hey requires that parties and representatives with authority participate in settlement conferences.
Status report on settlement required by end of discovery if no settlement conference contact.
Court's wording
If the parties have not been in contact with Judge Hey respecting a settlement conference prior to the end of all discovery, they shall provide a status report respecting settlement to Judge Hey by that date.
If the parties have agreed that certain discovery should take place prior to the conference, they must complete that discovery before the conference.
By (date), plaintiff will report in writing on counsels' serious settlement efforts.
The document is not to be shared with opposing counsel nor filed of record. This is for Judge Hey’s eyes only.
Unless counsel request otherwise, settlement conferences are being conducted remotely by video, utilizing Zoom.
Where there is no waiver of the presentence report, Judge Hey permits the defendant or defense counsel to review the Probation Department's written recommendation as to sentence.
- Document
- Probation report
Include
- •Defense counsel review
Judge Hey permits counsel for the government and defense counsel to review the Pretrial Services Report.
- Document
- Pretrial services report
Include
- •Defense counsel review
- •Government counsel review
Filing & Service rules
Filing Timing and Cure Windows
Plaintiff's counsel must circulate a draft of the Pretrial Stipulation at least one week before it is due.
IT SHALL BE THE RESPONSIBILITY OF PLAINTIFF’S COUNSEL TO CIRCULATE A DRAFT OF THIS PRETRIAL STIPULATION AT LEAST ONE WEEK BEFORE IT IS DUE.
Page 2 | JUDGE HEY’S STANDING ORDER RE PRETRIAL STIPULATION (BENCH TRIAL)
Settlement memorandum must be emailed to chambers at least four business days before the conference.
Counsel are directed to email the position paper to Chambers not later than four business days prior to the conference.
Civil cases
Page 2 | ORDER
Bring discovery disputes promptly; do not wait until the end of discovery.
Do not wait until the end of discovery to bring a dispute to Judge Hey’s attention. Only the District Judge has the ability to alter your discovery deadline.
Civil cases
Page 1 | NOTICE
Service and Proof of Service Rules
Counsel must exchange settlement offers and demands prior to the conference.
Counsel are also directed to exchange settlement offer and demand prior to the conference.
Civil cases
Page 2 | ORDER
Courtesy Copy Requirements
Hand delivery to chambers required for non-electronically filed documents.
If any of the documents required by this Order are not electronically filed, counsel shall have a copy hand delivered to Chambers on the day of filing.
Civil cases
Documents not electronically filed must have a courtesy copy hand-delivered to Chambers on the same day.
If any of the documents required by this Order are not electronically filed, counsel shall have a copy hand-delivered to Chambers on the day of filing.
Civil cases
Page 1 | Order
Filing Bundling Requirements
Counsel are encouraged to attach relevant trial exhibits to the settlement memorandum.
Counsel are encouraged to attach particularly relevant trial exhibits to their submissions.
Civil cases
Page 2 | ORDER
Pre-Motion Conference Requirements
After counsel have met and conferred, they may present discovery disputes to the court via letters emailed to chambers and copied to the other side without filing formal motions unless otherwise directed by the court.
After counsel have met and conferred, they may present discovery disputes to the court via letters emailed to chambers and copied to the other side without filing formal motions unless otherwise directed by the court.
Civil cases
Page 1 | NOTICE
Adjournment & Extension Requirements
Deadlines can be revised only by the Court for good cause; stipulations among counsel are insufficient.
The deadlines listed above are subject to revision only by the Court and only for good cause. A stipulation among counsel will not alter the Court's calendar.
Civil cases
Page 1 | Order
Joint settlement conference requests must be made at least 45 days before the requested date.
If the parties jointly request a settlement conference, they shall contact chambers and request a settlement conference within their agreed-upon time frame, and must do so at least 45 days prior to the requested date absent unusual circumstances.
Civil cases
Page 1 | NOTICE
Requests to cancel or postpone settlement conference must be received at least two weeks in advance.
Any request to cancel or postpone the conference must be received at least two weeks in advance.
Civil cases
Page 1 | ORDER
Chambers Communication Rules
Settlement memorandum must be emailed to chambers at the provided email address.
submit to Chambers (via email at chambers_of_magistrate_judge_elizabeth_hey@paed.uscourts.gov) a confidential settlement memorandum
Civil cases
Page 1 | ORDER
Settlement communications must go to specific chambers email
All communications with chambers regarding settlement should be directed to: Chambers_of_Magistrate_Judge_Elizabeth_Hey@paed.uscourts.gov
Page 2 | 2. SETTLEMENT CONFERENCES
Joint settlement conference requests must be made at least 45 days in advance.
If the parties jointly request a settlement conference, they shall contact chambers and request a settlement conference within their agreed-upon time frame and must do so at least 45 days prior to the requested date absent unusual circumstances.
Page 3 | CIVIL CASES
If there is no joint request for a settlement conference, the party seeking a settlement conference may submit an ex parte letter to chambers requesting a telephone conference with Judge Hey to discuss settlement.
If there is no joint request for a settlement conference, the party seeking a settlement conference may submit an ex parte letter to chambers requesting a telephone conference with Judge Hey to discuss settlement.
Page 3 | CIVIL CASES
All communications with chambers regarding discovery disputes should be directed to: Chambers_of_Magistrate_Judge_Elizabeth_Hey@paed.uscourts.gov.
All communications with chambers regarding discovery disputes should be directed to: Chambers_of_Magistrate_Judge_Elizabeth_Hey@paed.uscourts.gov.
Civil cases
Page 1 | NOTICE
If a discovery dispute is pending at referral, contact chambers immediately with prior letters or ECF references.
If any discovery dispute is pending at the time of the referral, please contact chambers immediately and provide any letters that had previously been sent to the District Judge regarding the discovery dispute or refer to the pending motion(s)/response(s) by ECF document number.
Civil cases
Page 1 | NOTICE
A party may submit an ex parte letter to request a telephone settlement conference.
If there is no joint request for a settlement conference, a party seeking a settlement conference may submit an ex parte letter to chambers requesting a telephone conference with Judge Hey to discuss settlement.
Civil cases
Page 1 | NOTICE
Settlement communications should be directed to Magistrate Judge Hey's chambers email address.
All communications with chambers regarding settlement should be directed to: Chambers_of_Magistrate_Judge_Elizabeth_Hey@paed.uscourts.gov
Civil cases
Page 1 | NOTICE
Pro se parties limited to mail/email communication with chambers
Parties who are pro se (do not have counsel) may only communicate by mail or email to the chambers address above, unless otherwise directed.
Page 1 | C. COMMUNICATIONS WITH LAW CLERK
Counsel may communicate with law clerks on procedural matters only
Judge Hey permits communications from counsel, both written and oral, with her law clerks on procedural matters only.
Page 1 | C. COMMUNICATIONS WITH LAW CLERK
Correspondence on scheduling/administrative matters allowed via chambers email
Judge Hey permits correspondence with the Court on scheduling and administrative matters via Chambers email above.
Page 1 | B. CORRESPONDENCE WITH THE COURT
Criminal duty hearings held in Courtroom 5A at 1:30 PM.
When Judge Hey is assigned to criminal duty matters, she holds the hearings in Courtroom 5A in the United States Courthouse at 6th and Market Streets, at 1:30 p.m.
Page 3 | CRIMINAL/MISDEMEANOR CASES