Judge John M. Gallagher
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 2 copies • At Final Pretrial Conference
- Not required
Adjournments
- No Rule 16 conference or scheduling order in arbitration track cases without de novo appeal.
- Motion to continue must include time requested, opposition status, reason, and Speedy Trial Waiver form.
- Unavailability of a witness is not grounds to delay trial.
- +1 more
Request must include
- Suppression, Starks, and Daubert hearings held at least 14 days before trial.
Communication
Chambers
Phone
Chambers
Phone
Page & Word Limits5 rules
Any replies or sur-replies must be filed as soon as practicable, but in any event, no later than seven days after the previous filing.
Replies and sur-replies, where granted, must be limited to ten and seven pages, respectively.
- Reply
- Up to 10 pages
Opening briefs filed in support of and in opposition to a motion should be limited to twenty pages. This includes the table of contents and any attachments or addenda.
- Opening brief
- Up to 20 pages
Motion to compel for complex disputes limited to 5 pages, no exhibits or brief.
- Motion to compel for attorneys
- Up to 5 pages
- Discovery motions
Court's wording
For complex disputes, if the parties remain unable to resolve the dispute after the reasonable efforts required by Local Civil Rule 26.1(f), the Court will consider a motion to compel under Local Civil Rule 26.1(b). Counsel for the aggrieved party shall file with the Court a motion in conformity with Local Civil Rule 26.1(b). The motion shall not exceed five pages and shall not contain exhibits and shall not include a brief or memorandum of law.
The response should also be limited to five pages and shall not include exhibits or a brief or memorandum of law.
- Page limit
- Up to 5 pages
Document Format Requirements8 rules
Written submissions must use 12-point Times New Roman font, 1-inch margins, double-spacing, and include TOC for briefs over 10 pages.
- Font
- Times New Roman
- Font size
- 12 points
- Line spacing
- Double
- Margins
- At least 1 inch
Court's wording
All written submissions to the Court must be prepared in 12-point, Times New Roman font, with at least one-inch margins. All footnotes shall appear in 12-point font as well. Motion papers and memoranda of law must be double-spaced. Any briefs longer than ten pages must include a table of contents.
The parties shall “bates stamp” their appendices. All references to the appendix made in the motions and responses shall identify the bates number of the referenced page.
Formatting
- •Bates stamping required for appendices
- •Page references must include Bates numbers
Exhibits must be numbered consecutively, tabbed, in three-ring binders with table of contents.
Court's wording
The parties may choose whether to label any given exhibit as a “Plaintiff,” “Defense,” or “Joint” exhibit, but no single exhibit may have more than one designation. All exhibits should be numbered consecutively, tabbed and contained in three-ring binders. Each binder must begin with a table of contents that identifies all the trial exhibits, provides a brief description of each trial exhibit, and identifies the binder in which the trial exhibit can be found.
Citations to authority should be reflected in footnotes or comments appended to the text and should not appear in the body of the proposed instructions.
- Jury instructions
Formatting
- •Citations in footnotes only
Proposed jury instructions must be double-spaced, have one-inch margins and be prepared in 12-point, Times New Roman font.
- Font
- Times New Roman
- Font size
- 12 points
- Line spacing
- Double
- Margins
- 1 inch
- Jury instructions
Jury instructions and verdict forms should be submitted to the deputy clerk as Microsoft Word files.
- File type
- Word
- Jury instructions verdict forms
Proposed jury instructions must be double-spaced, have one-inch margins, use 12-point Times New Roman font, and citations must be in footnotes/comments, not body.
- Font
- Times New Roman
- Font size
- 12 points
- Line spacing
- Double
- Margins
- 1 inch
- Jury instructions
Court's wording
Proposed jury instructions must be double-spaced, have one-inch margins and be prepared in 12-point, Times New Roman font. Citations to authority should be reflected in footnotes or comments appended to the text and should not appear in the body of the proposed instructions.
Deposition testimony and other transcripts shall be submitted to the Court as full-sized pages, not manuscripts. In addition, parties submitting deposition transcripts should provide a cover page identifying the witness and relevant pages from the transcripts. Parties should not submit the entire transcript unless the entire transcript is relevant to the issue before the Court. The Court will request the entire transcript if it deems it necessary.
Document Filing Requirements69 rules
Exhibits must be filed as separate documents with descriptive names; single "Exhibits" file will be struck.
Court's wording
When submitting exhibits via ECF, Parties should submit each exhibit as a separate document on the CM/ECF system, rather than as a single file. If the Court receives a filing with a single document marked “Exhibits,” it will strike the filing. In addition, when parties submit exhibits via ECF, they must give each document a name identifying the document. Thus, it is not sufficient to label a file “Exhibit A.” Instead, the name should be “Exhibit A: Contract,” “Exhibit B: Declaration of John Smith,” or some other reference to permit the Court to identify what the exhibit is without having to open the file.
The Court will deny pro hac vice motions for which no fee has been submitted and recorded on the docket.
To be admitted pro hac vice, associate counsel of record should submit a written motion for admission.
Lead trial counsel must attend the Rule 16 conference in person.
At the initial pretrial conference, the parties should be prepared to address all topics listed in the Local Rule of Civil Procedure 16.1(b) and Federal Rule of Civil Procedure 16(b) and (c), the progress of initial disclosure under Federal Rule of Civil Procedure 26(a) and any settlement or mediation proposals.
At least seven calendar days prior to the pretrial conference, counsel must submit to chambers a joint status report pursuant to Federal Rule of Civil Procedure 26(f).
A designation of “lead counsel” will mean that counsel will attend all court proceedings.
- Document
- Lead counsel
Include
- •Attend all court proceedings
The parties must use the Court’s sample Rule 26(f) form that will be attached to the order scheduling the Rule 16 conference.
Lead counsel shall participate in the Rule 26 conference, attend the Rule 16 conference, and be deemed lead counsel for all future proceedings.
- Document
- Lead counsel
Must include
- •Attend Rule 16
- •Participate Rule 26
There will be a final Pretrial Conference within ten days of the trial.
Unless otherwise specified in a scheduling order, these memoranda shall be filed no later than then ten days prior to the Pretrial Conference.
Counsel shall comply with Local Rule 16.1 regarding the submission of a pretrial memorandum.
- Document
- Pretrial memorandum
Must include
- •Comply with local Rule 16.1
Contrary to Local Civil Rule 5.1.2(10), all stipulations and proposed orders must be emailed to chambers rather than sent to the Clerk of Court.
Replies and sur-replies require leave of court and must address only new issues.
Court's wording
Replies and sur-replies are not permitted unless leave to file them is granted upon motion of a party. Such briefs should be attached to a motion for leave as an exhibit, must be concise and address only new issues raised by opposing counsel. The Court discourages any replies or sur- replies that repeat or rehash previous arguments.
Movant must file statement of undisputed facts with summary judgment motion.
- Document
- Motion for summary judgment
Must include
- •Statement of undisputed facts
Court's wording
The movant shall file, in support of the motion for summary judgment, a separate “statement of undisputed facts” that set forth, in numbered paragraphs, all material facts the movant contends are undisputed.
The movant shall file an appendix containing all the evidence to which the movant refers in its motion.
- Document
- Motion for summary judgment
Must include
- •Appendix
Fact statements must include specific record citations with title, page, and line.
Court's wording
Statements of material facts in support of or in opposition to a motion for summary judgment shall include specific and not general references to the parts of the record which support each of the statements. Each stated fact and each statement that a material fact is disputed shall cite to the source relied upon, including the title, page and line of the document supporting the statement.
All material facts set forth in the statement of undisputed facts will be deemed admitted unless specifically controverted by the opposing party.
Include
- •Statement of undisputed facts
If a party disputes a fact without citing supporting evidence, the fact will be deemed admitted.
The respondent shall also set forth, in separate paragraphs under the heading “statement of additional facts,” any additional facts which the respondent contends preclude summary judgment.
- Document
- Opposition to summary judgment
Must include
- •Statement of additional facts
The respondent shall file a supplemental appendix containing any additional evidence to which the respondent refers in its response.
- Document
- Opposition to summary judgment
Must include
- •Supplemental appendix
Respondent must file statement of disputed facts opposing summary judgment motion.
- Document
- Opposition to summary judgment
Must include
- •Statement of disputed facts
Court's wording
The respondent shall file, in opposition to the motion for summary judgment, a separate “statement of disputed facts” responding to the numbered paragraphs set forth in the movant’s statement of undisputed facts.
Judge Gallagher will not consider any evidence not included in a timely filed and appropriately formatted appendix.
- Document
- Appendix
Include
- •Appropriately formatted
Non-compliance with appendix procedures results in denial or uncontested consideration.
- Document
- Dispositive motion
Include
- •Follow procedures
Court's wording
A movant's failure to follow the foregoing procedures for dispositive motions in all respects will result in a denial of the motion. Respondent's failure to comply with these procedures in all respects will result in the Court's considering the motion uncontested.
Counsel should provide the Court with a brief letter explaining the discovery dispute and requesting a conference. Such letters should be filed on ECF.
- Document
- Discovery dispute letter
Should include
- •Filed on ECF
Privilege logs must describe specific withheld emails, not just top-level emails in string.
Court's wording
For claims of privilege covering multiple e-mails, the party asserting privilege must describe the specific e-mails that are being withheld, as opposed to only the e-mail at the top of the e-mail string, and the basis for withholding each e-mail.
Discovery motion certificate must detail verbal efforts to resolve dispute.
- Document
- Discovery motion
- Placement
- Certificate section
Court's wording
In a filed discovery motion, the certificate of counsel must provide specific details about the parties’ efforts to resolve the dispute informally. These efforts must include verbal communications, whether by phone or in person. Exchanges of letters or e-mails are not sufficient.
All motions must contain the certification required under Local Civil Rule 26.1(f).
- Document
- Discovery motion
- Placement
- Certificate section
Must include
- •Local rule certificate
Parties preparing privilege logs must provide information sufficient for the opposing party to determine the basis for the assertion of privilege.
The Court will deny a discovery motion that does not meet these requirements.
It is not sufficient to report that opposing counsel was not available or that the parties made “reasonable efforts.”
1. All stipulations of counsel.
Unless otherwise ordered by the Court, the pretrial memorandum should be prepared in accordance with the provisions of Local Rule of Civil Procedure 16.1(c) and should also include the following items:
Pretrial memoranda must include specific evidentiary objections with particularity.
Court's wording
2. A statement of objection to: (1) the admissibility of any exhibit based on authenticity; (2) the admissibility of any evidence expected to be offered for any reason except relevancy; (3) the adequacy of the qualifications of an expert witness expected to testify; and (4) the admissibility of any opinion testimony from lay witnesses pursuant to Federal Rule of Evidence 701. These objections must describe with particularity the ground and the authority for the objection.
4. A statement of any anticipated important legal issues on which the Court will be required to rule as well as counsel’s single best authority on the issue.
3. An identification of deposition testimony (including videotaped deposition testimony) that the party intends to offer during its case-in-chief. The statement should include citations to the page and line number and the opposing party’s counter-designations.
Voir dire questions must be submitted to deputy clerk at least two days before jury selection.
Court's wording
Counsel must submit voir dire questions to the deputy clerk at least two days before jury selection. Insofar as counsel agree that certain questions should be asked, they may submit a list of those questions jointly. Insofar as counsel do not agree upon any questions, they may submit those questions independently. The Court will then review all the questions submitted and determine which will be asked.
Civil cases require joint exhibit binders with all trial exhibits, including contested ones.
- Document
- Exhibit binder
Must include
- •Joint exhibit binder
Court's wording
In civil cases, after exhibits have been exchanged, the parties must prepare joint exhibit binders containing all the exhibits counsel may use at trial, including those for which admissibility remains contested. Exhibits that are ruled inadmissible will simply not be used but need not be extracted from the binder.
Witnesses cannot testify about exhibit content until it's admitted into evidence.
Court's wording
Unless the parties have an agreement as to the admissibility of a proposed exhibit, a witness may not testify as to its content until it has been admitted into evidence. But the Court strongly encourages counsel to reach agreements before trial as to the admissibility of exhibits.
For unavailable witnesses, the Court expects oral or videotaped depositions to be used at trial.
- Document
- Deposition
Include
- •Oral deposition
- •Videotaped deposition
Court's wording
If a witness is unavailable at the time of trial, as defined in Federal Rule of Civil Procedure 32(a)(3), the Court expects an oral or videotaped deposition to be used at trial for that witness, whether the witness is a party, a non-party or an expert.
Proposed findings of fact and conclusions of law in non-jury cases should be submitted at least seven days before the trial date.
Counsel should submit proposed voir dire questions in writing seven days before the trial date.
- Document
- Voir dire questions
Should include
- •Proposed voir dire questions
The Court will generally require the parties to submit a joint proposed set of jury instructions and verdict forms.
- Document
- Jury instructions verdict forms
Must include
- •Joint proposed set
Counsel’s submission must indicate which instructions and forms have been agreed upon and which remain contested.
Government must file pre-trial memorandum 7 days before trial with specific content requirements.
- Document
- Pretrial memorandum
Must include
- •Legal issues
- •Witness testimony substance
- •Essential elements of offense
Court's wording
At least seven days prior to the trial date, the Government must file a pre-trial memorandum setting forth the essential elements of the offense(s), the facts that it intends to present, the identity of each witness it intends to call, a statement of the substance of each witness’s testimony, and any legal issues.
Insofar as the parties disagree on any proposed jury instruction, the joint submission should contain a concise statement that identifies each party’s position on the instruction, the reasons supporting the party’s position, and citation to the best authorities supporting each party’s position.
Sentencing memoranda (non-motion) due 7 days before sentencing; responses due 3 days before.
Court's wording
All sentencing memoranda, exclusive of motions, must be filed at least seven days prior to the sentencing date, and any responses thereto must be filed at least three days prior to the sentencing date.
Sentencing motions due 14 days before hearing; responses due 7 days before. Sentencing memoranda due 7 days before; responses due 3 days before.
Court's wording
Any sentencing motions shall be submitted at least fourteen days prior to the sentencing hearing, and any responses thereto must be filed at least seven days prior to the sentencing date. All sentencing memoranda, exclusive of motions, must be filed at least seven days prior to the sentencing date, and any responses thereto must be filed at least three days prior to the sentencing date.
Government must submit guilty plea memorandum at least 7 days before plea hearing with specific required content.
- Document
- Guilty plea memorandum
Must include
- •Legal citations
- •Elements of offense
- •Factual basis for plea
- •Terms of plea agreement
- •Maximum statutory penalties
Court's wording
The Government must submit a guilty plea memorandum at least seven days prior to the change of plea hearing. The memorandum shall include the elements of each offense to which the defendant is pleading guilty and legal citations for the elements, the maximum statutory penalties for each offense, the terms of any plea agreement, and the factual basis for the plea.
Parties should not submit to the Court unpublished decisions that are available on Westlaw or Lexis.
However, the Court will grant a stay of discovery only in extraordinary circumstances.
Pending motions do not stay the parties’ obligations to meet and confer pursuant to Federal Rule of Civil Procedure 26(f) or to attend a conference pursuant to Federal Rule of Civil Procedure 16.
If a party wishes to stay discovery during the pendency of a motion, it should present its request in person at the Rule 16 conference.
Counsel taking part in any pre-trial conference must be prepared to speak on every subject, including settlement, and have authority from their clients to do so.
In all written submissions to the Court, citations to documents on the docket, e.g., “Amended Complaint,” should identify those documents by ECF number.
Motions for reconsideration should be filed sparingly. Any motion for reconsideration of a discovery order must itself comply with the page limits in Section II.C.1., below.
Settlement conference referral does not stay discovery or trial dates.
Court's wording
A case may be referred to a magistrate judge for a settlement conference, but counsel should not expect the Court to stay discovery or trial dates merely because the parties are awaiting their appointment with the magistrate judge and wish to avoid incurring further costs.
Filing & Service rules
Courtesy Copy Requirements
No courtesy copies to chambers; court will request if needed.
Do not send copies—physical or digital—of filings to chambers. If the Court desires a courtesy copy of any particular filing, the Court will reach out and request one specifically.
Page 15 | Judge John M. Gallagher
Two copies of exhibit binders must be provided to Court at final pretrial conference.
At the final pretrial conference, the parties shall provide the Court with two copies of the exhibit binders.
Page 23 | J. Preparation of Exhibits
No courtesy copies required for motions
No Courtesy Copies
Page 2 | Motion Practice
Sealing & Redaction Procedures
Documents cannot be filed under seal without leave except in emergencies; motions for leave must be public.
Except in emergency situations, no documents may be filed under seal without first obtaining leave. All motions for leave to file documents under seal should be filed on the public
Page 6 | I. GENERAL MATTERS D. Filing Under Seal and Redacting Documents
Motion to seal must identify specific injuries if materials are not sealed.
The motion—and the proposed order attached to the motion—must identify “clearly defined and serious injur[ies]” the movant will suffer if the materials are not kept under seal.
Page 7 | Sealing Procedures
Motion to seal must specify interests in nondisclosure.
The Court will not grant a motion for leave to file under seal that fails to identify the movant's interests in nondisclosure with specificity.
Page 7 | Sealing Procedures
If proposed order omits redaction requirement, explain why redaction would render documents unreadable.
If a movant omits this language from its proposed order, the movant must explain in its motion why redaction would render the documents unreadable.
Page 7 | Sealing Procedures
When filing sealed motions, provide unredacted copies to court and parties.
Insofar as a motion contains or refers to information that the movant seeks to file under seal, the movant may redact that information in the copy of the motion filed on the docket. When a movant files a motion with redacted materials, the movant must also provide the Court and all other parties with an unredacted copy of the motion.
Page 7 | Sealing Procedures
Provide unredacted copies of all sealed documents to court and parties.
The movant must also provide the Court and all other parties with unredacted copies of the motion and all documents that the party proposes to file under seal.
Page 7 | Sealing Procedures
Motion to seal must explain why secrecy outweighs public access.
In recognition of the common law right of public access to judicial records, a motion for leave to file under seal must articulate, clearly and specifically, why the moving party’s “interest in secrecy” outweighs the “presumptive right of public access.”
Page 7 | Sealing Procedures
Proposed orders for sealed filings must require filing redacted versions on public docket.
Proposed orders attached to motions for leave to file under seal must include language requiring the parties to file redacted versions of the sealed documents to the public docket.
Page 7 | Sealing Procedures
Even when the Court grants a motion for leave to file under seal, the Court will generally still expect the parties to file redacted versions of the sealed documents on the public docket unless the redactions would be so extensive as to render the document unreadable.
Even when the Court grants a motion for leave to file under seal, the Court will generally still expect the parties to file redacted versions of the sealed documents on the public docket unless the redactions would be so extensive as to render the document unreadable.
Page 7 | Sealing Procedures
Confidentiality/protective orders require formal motion, not stipulated orders.
Requests for confidentiality/protective orders must be made by formal motion. The Court will not accept stipulated proposed orders in lieu of a motion.
Page 18 | Judge John M. Gallagher
Motion for protective order must explain good cause under FRCP 26(c).
As required by Federal Rule of Civil Procedure 26(c), a motion seeking a confidentiality/protective order must explain why there is good cause for the Court to issue the order.
Page 18 | Judge John M. Gallagher
Proposed protective order must state reasons good cause exists and private interests outweigh public interests.
The proposed order attached to the motion must itself also state the reasons good cause exists and state that the private interests in nondisclosure outweigh the public interests in disclosure.
Page 18 | Judge John M. Gallagher
Protective orders must reserve court's power to modify for justice.
Further, the Court will not approve any protective order unless it contains language providing that “the court reserves its inherent power to modify the terms of this agreement and permit the disclosure of information where the interest of justice so requires.”
Page 19 | Confidentiality/Protective Orders
Protective orders cannot allow parties to seal materials without court approval.
The Court will not approve a protective order containing language that gives the parties discretion to file materials under seal without the Court’s prior and specific approval.
Page 19 | Confidentiality/Protective Orders
Sealing motions must justify overcoming public access presumption.
When a proposed confidentiality/protective order would permit a party to file any material to the docket under seal, the motion and the proposed order must identify justifications for sealing the materials that would overcome the “presumptive right of public access,” as discussed further in section I.E, supra. Id. at 672.
Page 19 | Confidentiality/Protective Orders
Challenging protective orders requires item-by-item justification.
If a party later challenges such a protective order, the party seeking to maintain protection over the materials will bear the burden of justifying those materials’ continued protection on an item-by-item basis.
Page 19 | Confidentiality/Protective Orders
Large scale discovery may use categorical protective orders if well-defined.
In cases involving large scale discovery, however, the Court will consider approving protective orders that grant protection to discovery materials on a categorical basis so long as each protected category is reasonably well defined.
Page 19 | Confidentiality/Protective Orders
Filing Bundling Requirements
Supplemental joint appendix required for multiple response parties.
When more than one party intends to respond, the parties shall submit a supplemental joint appendix containing all the exhibits that will be referenced in any party's response.
Page 15 | Judge John M. Gallagher
Joint appendix must be filed separately on same day as first summary judgment motion.
When the parties are relying on a joint appendix, the parties shall file the joint appendix in its own ECF entry separate from the ECF entry in which any party has filed its motion or response. The joint appendix shall be filed on the same day the first motion for summary judgment is docketed.
Page 15 | Judge John M. Gallagher
Joint appendix required for multiple summary judgment motions.
When more than one party intends to move for summary judgment at the same time, the parties shall submit a joint appendix containing all the exhibits that will be referenced in any party's motion.
Page 15 | Judge John M. Gallagher
Discovery must be completed before arbitration; no discovery or dispositive motions after arbitration unless motion was filed before and unresolved.
The parties are expected to complete all discovery prior to the date of the arbitration hearing. Upon demand for trial de novo from an arbitration award, the Court will issue a scheduling order setting the date for trial at the earliest date available to the Court. Ordinarily, discovery will not be allowed after the arbitration hearing is held. Nor will dispositive motions be allowed after the arbitration hearing unless the motion was filed prior to the arbitration hearing and left unresolved.
Page 21 | Arbitration and Trial De Novo
Appendix should be filed in same ECF entry as motion or response when practicable.
Insofar as practicable, a movant shall file its appendix in the same ECF entry in which the movant files its motion or response.
Page 15 | Judge John M. Gallagher
Criminal cases don't require exhibit exchange or joint binders, but must follow formatting rules.
In criminal cases, the Court ordinarily does not expect defendants to exchange exhibits with the Government ahead of trial or to prepare joint exhibit binders. Criminal defendants and the Government should, however, prepare their exhibits in compliance with the formatting requirements set forth in the preceding paragraph.
Page 23 | J. Preparation of Exhibits
Pre-Motion Conference Requirements
Certification of substantive verbal pre-motion conference required with Rule 12(b)(6) motions.
If the parties are unable to reach a resolution that eliminates the need for a 12(b)(6) motion, counsel for the moving party shall include, along with the 12(b)(6) motion, a certification that the parties met and conferred regarding the alleged pleading deficiencies. These efforts must include substantive verbal communications, whether by phone or in person. Exchanges of letters or e-mails are not sufficient.
Page 13 | Dispositive Motions
Insufficient pre-motion efforts will result in denial of Rule 12(b)(6) motion.
It is not sufficient to report that opposing counsel was not available or that the parties made “reasonable efforts.” The Court will deny a 12(b)(6) motion that does not meet these requirements.
Page 13 | Dispositive Motions
Pre-motion conference required 7 days before filing Rule 12(b)(6) motions.
Before filing a motion pursuant to Federal Rule of Civil Procedure 12(b)(6), counsel shall first contact opposing counsel to discuss the substance of the contemplated motion and to provide an opportunity to cure any alleged pleading deficiencies. This conference shall take place at least seven days prior to the filing of the motion.
Page 13 | Dispositive Motions
Rule 16 conference scheduled after all defendants appear.
The Court will schedule a preliminary pretrial conference pursuant to Federal Rule of Civil Procedure 16 once each defendant has appeared in the case.
Page 9 | II. CIVIL CASES
Motions in limine filing deadline set at Rule 16 conference and confirmed in scheduling order.
The time for filing motions in limine will be determined at the Rule 16 conference and will be confirmed in the scheduling order.
Page 22 | Motions In Limine
Adjournment & Extension Requirements
Extensions affecting dispositive motions or trial dates require written request with basis, party positions, and proposed dates.
If an extension will affect the deadline for filing dispositive motions or the trial dates, counsel must make a written request that sets forth the basis for the extension and indicates whether the other parties agree to or oppose the request and proposes amended dates. A request for an extension of the deadline for filing dispositive motions or a continuance of the trial date must be made sufficiently prior to the due date to allow time for the Court to consider it. These requests should be made by motion, although an unopposed request may be made by letter to the Court.
Page 11 | Continuances and Extensions
No Rule 16 conference or scheduling order in arbitration track cases without de novo appeal.
Judge Gallagher will not hold a Rule 16 conference or issue a scheduling order in arbitration track cases unless there is a de novo appeal from an arbitration award hearing.
Page 20 | Arbitration
Motion to continue must include time requested, opposition status, reason, and Speedy Trial Waiver form.
A motion to continue a criminal case must include the following: (1) the length of time the party requests the case to be continued, (2) whether the motion is opposed, (3) the reason for the request, and (4) an executed Speedy Trial Waiver form, such that the Court can conduct a speedy trial analysis.
Page 29 | IV. CRIMINAL CASES - A. Oral Argument and Motions
Unavailability of a witness is not grounds to delay trial.
The unavailability of such witness will not be a ground to delay the commencement or progress of trial.
Page 26 | Unavailability of Witness
Suppression, Starks, and Daubert hearings held at least 14 days before trial.
The Court typically holds suppression, Starks, and Daubert hearings at least fourteen days prior to trial.
Page 29 | IV. CRIMINAL CASES - C. Pre-Trial Hearings
Chambers Communication Rules
Attorneys must use ECF and register as ECF Filing Users; pro se parties exempt.
Judge Gallagher requires all attorneys to use Electronic Case Filing (ECF). Attorneys appearing before Judge Gallagher are required to register as ECF Filing Users in accordance with Local Rule of Civil Procedure 5.1.2. Pro se parties are not required to use ECF.
Page 6 | I. GENERAL MATTERS C. E-Filing Guidelines
Counsel should not communicate with the law clerks unless directly contacted by a law clerk or instructed by the Court to do so. Law clerks may not render advice to counsel and have no authority to grant continuances or to give advice on substantive or procedural matters.
Counsel should not communicate with the law clerks unless directly contacted by a law clerk or instructed by the Court to do so. Law clerks may not render advice to counsel and have no authority to grant continuances or to give advice on substantive or procedural matters.
Page 5 | I. GENERAL MATTERS A. Communication with the Court
Telephone conferences may be held for scheduling/discovery; moving party provides details; recording prohibited without approval.
Judge Gallagher may hold telephone conferences to resolve scheduling matters or discovery disputes. The Court will notify counsel of the date and time for the telephone conference. Counsel for the moving party will be responsible for providing telephone conferencing details to all parties and to Judge Gallagher through his deputy clerk. Parties are prohibited from recording any conferences or proceedings without prior written approval of the Court.
Page 5 | I. GENERAL MATTERS B. Telephone Conferences
Parties must contact Courtroom Deputy by final pretrial conference to arrange technology needs.
The Court holds proceedings in Courtroom 4B, which is equipped for electronic presentation of evidence. Parties expecting to employ courtroom technology are required to contact the Courtroom Deputy no later than the final pretrial conference to discuss their technological needs. The Courtroom Deputy will then schedule a preliminary run to minimize disruptions during the trial itself.
Page 22 | Classroom Technology
Magistrate Judge Pamela A. Carlos assigned to Judge Gallagher
Magistrate Judge Assignment: Magistrate Judge Pamela A. Carlos
Page 1 | GENERAL MATTERS
Chambers email address for Judge Gallagher
Chambers_of_Judge_John_Gallagher@paed.uscourts.gov
Page 1 | GENERAL MATTERS
Correspondence with court allowed by letter, email, or phone for routine matters; must copy opposing parties.
Counsel or pro se parties may correspond with the Court by letter, email or telephone concerning routine scheduling and administrative matters. The Court expects counsel and pro se parties to copy opposing counsel or pro se parties on their written communications with the Court. All communications with the Court should be directed to the deputy clerk or chambers.
Page 5 | I. GENERAL MATTERS A. Communication with the Court
Counsel should submit current telephone numbers, fax numbers, e-mail addresses and any changes to the Clerk’s Office and Judge Gallagher’s deputy clerk.
Counsel should submit current telephone numbers, fax numbers, e-mail addresses and any changes to the Clerk’s Office and Judge Gallagher’s deputy clerk.
Page 5 | I. GENERAL MATTERS A. Communication with the Court
Parties urged to resolve discovery disputes themselves; telephone conferences preferred for simple disputes.
The Court urges the parties to settle discovery disputes among themselves. If Court assistance is required, Judge Gallagher prefers that simple disputes be addressed by telephone conferences.
Page 16 | Judge John M. Gallagher
A date for trial will be determined at the initial Rule 16 conference. Once a case is listed for trial, counsel, parties and witnesses should be ready to start trial on the listed date, and counsel should consider themselves formally attached for trial as of that date. Questions relating to scheduling matters should be directed to Judge Gallagher's deputy clerk.
A date for trial will be determined at the initial Rule 16 conference. Once a case is listed for trial, counsel, parties and witnesses should be ready to start trial on the listed date, and counsel should consider themselves formally attached for trial as of that date. Questions relating to scheduling matters should be directed to Judge Gallagher's deputy clerk.
Page 22 | Scheduling Cases
Junior Lawyer Participation Incentives
Court encourages assigning presentations to junior lawyers and allows multiple attorneys to argue.
The Court encourages trial counsel to assign court presentations to less-experienced attorneys, particularly where the less-experienced attorney is more familiar with the matter at hand. If necessary, the Court will permit two lawyers to make an argument in order to ensure that a more experienced counsel has an opportunity to buttress a younger lawyer’s presentation. The Court will draw no inference from a party’s decision to have a younger lawyer make a particular presentation, including as to whether the client deems the issue “important.”
Page 28 | Development of Young Attorneys
Section on development of young attorneys
D. Development of Young Attorneys................................................................................ 24
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