Judge Pamela A. Carlos
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- Discovery period is normally 90-120 days, with 120 days including expert examination.
- Final pretrial conference is held in person in Allentown, Pennsylvania.
- Continuance requests granted only for most compelling reasons.
- +21 more
Request must include
- Continuance requests for settlement conferences must be made within 14 days of notice.
- CONTINUANCE REQUESTS SHOULD BE MADE VIA DOCKETED LETTER TO THE COURT WITHIN FOURTEEN (14) DAYS OF RECEIPT OF THIS NOTICE. THE LETTER REQUEST SHALL INDICATE WHETHER OR NOT THE REQUEST FOR CONTINUANCE IS OPPOSED. CONTINUANCE REQUESTS WILL ONLY BE GRANTED FOR THE MOST COMPELLING REASONS.
Communication
Chambers
Phone
Chambers
Page & Word Limits2 rules
This memorandum should not exceed four (4) pages and should be submitted in Word format.
- Page limit
- Up to 4 pages
All motions in limine shall be filed no later than . Each party may file no more than five (5) motions in limine without prior leave of Court.
Document Filing Requirements19 rules
Settlement conference memoranda must be submitted one week before conference, max 4 pages, in Word format.
- Document
- Settlement conference memorandum
Must include
- •Offer demand proposal
- •Offer/demand settlement proposal
Court's wording
Judge Carlos will normally require counsel to submit a conference memorandum one week before the scheduled conference. It shall include an offer/demand settlement proposal. This memorandum should not exceed four (4) pages and should be submitted in Word format.
Judge Carlos will require that a party or party’s representative with knowledge of the case and full and binding settlement authority attend the conference in person.
Persons present must have full and unlimited settlement authority and may not confer by telephone with anyone to seek additional authority.
Must include
- •Full settlement authority
Judge Carlos requires that all relevant documents be delivered to chambers in advance of court.
The settlement conference memorandum shall include: 1. Name, title and email of all persons participating in the settlement conference. 2. An updated case synopsis, limited to four pages, which shall be in Microsoft Word format. 3. Critical exhibits in support of the parties' liability and damage claims or defenses. The parties should coordinate with one another as to which party will produce the specific documents if possible. Duplicate submission are discouraged. 4. Affirmative and rebuttal experts reports, if any. 5. Relevant portions of deposition testimony may be submitted. Submission of entire deposition transcripts is strongly discouraged.
- Document
- Settlement conference memorandum
Must include
- •Exhibits
- •Case synopsis
- •Expert reports
- •Deposition testimony
Updated settlement conference memorandum must be emailed to chambers by deadline.
Court's wording
Counsel are further directed to provide AN UPDATED SETTLEMENT CONFERENCE MEMORANDUM to Chambers, by Email on or before __________. FAILURE TO SUBMIT SETTLEMENT MEMORANDUM WITHIN THE TIME SET FORTH IN THIS ORDER MAY RESULT IN SANCTIONS.
Each party shall file a pretrial memorandum no later than . The pretrial
Responses to properly filed motions in limine, if any, shall be filed no later than .
Where the parties cannot agree on the instruction or verdict form content, please indicate as much, and include appropriate citations of legal authority in support of the proffered instruction.
- Document
- Disputed jury instructions
Include
- •Legal authority citations
- •Legal argument
Trial counsel must attend the final pretrial conference and only those attorneys attending the conference may participate in the trial.
The parties shall also email an editable, Word version of the instructions and verdict forms to Chambers at PAED_Carlos_Chambers@paed.uscourts.gov.
In this regard, counsel shall meet and confer and jointly file proposed instructions and verdict forms that explicitly note areas of agreement, as well as any objections.
Lay witness opinion testimony must be disclosed with same timing as expert witness disclosures.
- Document
- Lay witness disclosure
Must include
- •Basis for opinion
- •Identity of witness
- •Substance of opinion
Court's wording
Any party expecting to offer opinion testimony from lay witnesses pursuant to Federal Rule of Evidence 701 with respect to the issues of liability and damages shall, at the time required for submission of information and/or reports for expert witnesses on liability and damages set forth in the preceding paragraphs, serve opposing parties with concise details and/or documents covering the lay opinions of the Rule 701 witnesses, including the identity of each witness offering the expert opinion, the substance of each opinion, and the basis for each opinion.
Judge Carlos does not favor the dual representation of defendants by a single attorney at any criminal proceeding, apart, perhaps, from the initial appearance.
The Court will not entertain Daubert motions that are styled as “motions in limine.” All such motions should be filed by the deadline set forth in paragraph 8 above.
While the undersigned prefers use of the Third Circuit Model Jury Instructions where appropriate, it is insufficient to simply list the header without tailoring the content of the instruction to the facts and circumstances that are unique to this matter.
Judge Carlos will, if appropriate, continue to work with counsel after the settlement conference if the matter is not resolved at the conference.
Juror interviews permitted only after verdict, discharge, and clear notice of no obligation.
Court's wording
Judge Carlos will permit counsel to interview jurors, but only after the verdict has been recorded, the jury has been discharged, and they have been told in clear terms that they have no obligation to speak with counsel.
Judge Carlos permits the submission of sentencing memoranda by both counsel.
Filing & Service rules
Adjournment & Extension Requirements
Continuance requests for settlement conferences must be made within 14 days of notice.
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. For this reason, any continuance requests should be made within fourteen (14) days of receipt of the notice scheduling the conference.
Page 4 | D. Settlement
Continuance requests granted only for most compelling reasons.
Continuance requests will only be granted for the most compelling reasons.
Page 4 | D. Settlement
Failure to identify expert witnesses or provide reports bars expert testimony at trial.
The parties will identify expert witnesses and provide expert reports pursuant to the Rule 16 Scheduling Order entered in the case. A failure to do so will normally bar the use of the expert's testimony at trial.
Page 5 | c. Expert Witnesses
Extension requests require formal motion, proposed order, and certification of counsel concurrence/objection.
Judge Carlos will require a formal motion seeking an extension together with a proposed order and certification of concurrence or objection of all counsel or unrepresented parties.
Page 5 | b. Continuances and Extensions
Counsel must provide videotape deposition transcript and objection list to Judge before final pretrial conference.
Accordingly, counsel are required to provide a full videotape deposition transcript to Judge Carlos prior to the conference, in addition to a list of the objections that require ruling.
Page 6 | d. Final Pretrial Conference
Counsel must meet and confer before final pretrial conference regarding videotape testimony.
Counsel are expected to meet and confer prior to the final pretrial conference regarding use of videotape testimony.
Page 6 | d. Final Pretrial Conference
Counsel must arrange technology assistance before trial if using technology.
Counsel intending to use technology during the trial must make arrangements, prior to trial, to have technology assistant(s) visit the courtroom to assess and identify their needs.
Page 6 | d. Final Pretrial Conference
Court will not tolerate delays due to unpreparedness for technology use.
The Court will not tolerate delays associated with failure of a party to be prepared for technology usage in advance of trial.
Page 6 | d. Final Pretrial Conference
Counsel should be fully prepared to address all matters related to trial, including but not limited to, stipulations as to the authenticity and admissibility of exhibits and the use of demonstrative exhibits during openings, trial, and closings.
Counsel should be fully prepared to address all matters related to trial, including but not limited to, stipulations as to the authenticity and admissibility of exhibits and the use of demonstrative exhibits during openings, trial, and closings.
Page 6 | d. Final Pretrial Conference
CONTINUANCE REQUESTS SHOULD BE MADE VIA DOCKETED LETTER TO THE COURT WITHIN FOURTEEN (14) DAYS OF RECEIPT OF THIS NOTICE. THE LETTER REQUEST SHALL INDICATE WHETHER OR NOT THE REQUEST FOR CONTINUANCE IS OPPOSED. CONTINUANCE REQUESTS WILL ONLY BE GRANTED FOR THE MOST COMPELLING REASONS.
CONTINUANCE REQUESTS SHOULD BE MADE VIA DOCKETED LETTER TO THE COURT WITHIN FOURTEEN (14) DAYS OF RECEIPT OF THIS NOTICE. THE LETTER REQUEST SHALL INDICATE WHETHER OR NOT THE REQUEST FOR CONTINUANCE IS OPPOSED. CONTINUANCE REQUESTS WILL ONLY BE GRANTED FOR THE MOST COMPELLING REASONS.
Civil cases
Page 1 | SETTLEMENT CONFERENCE SCHEDULING ORDER
All discovery motions must be filed and served before discovery deadline.
Fact discovery shall be completed no later than . All discovery motions shall be filed and served prior to the close of the discovery period.
Civil cases
Summary judgment and Daubert motions must meet specific filing deadlines.
Motions for summary judgment and/or Daubert motions, if any, shall be filed by . Responses shall be filed no later than . It is imperative that Daubert motions be filed by this deadline so that the Court may determine whether a hearing as to any issues raised via the motion can be addressed in a timely manner.
Civil cases
Parties must notify court in advance if deadlines cannot be met, with explanation and proposed new deadline, or face sanctions.
The parties shall strictly comply with all deadlines recited herein. In the event a deadline cannot be reached, the parties are directed to timely notify the Court in advance of the deadline by filing a letter on the docket, which explains why the deadline cannot be honored, whether counsel have met and conferred as to the outstanding issue, and a proposed new deadline. The failure to do so may result in appropriate sanctions including, but not limited to, the forfeiture of claims and/or waiver of defenses.
Civil cases
Additional discovery post-arbitration is generally not permitted.
Judge Carlos will generally not permit additional discovery post arbitration.
Page 5 | b. Scheduling Trial De Novo from Arbitration
Extensions to dispositive motion, Daubert, or trial deadlines are generally not granted.
Judge Carlos will generally not agree to a request to extend the dispositive motion or Daubert deadlines or trial dates.
Page 5 | b. Continuances and Extensions
Extensions require showing of circumstances beyond counsel's reasonable control.
Extensions will be entertained upon a showing that circumstances beyond the reasonable expectation of counsel have hampered the progress of the case.
Page 5 | b. Continuances and Extensions
Most extension requests require a conference with the Judge.
In most cases, extensions will only be considered after a conference with the Judge.
Page 5 | b. Continuances and Extensions
Court will not entertain extension requests for dispositive motion or trial deadlines.
As it concerns discovery specific issues, the Court expects the Parties to engage in discovery promptly and diligently without delay. Although counsel may, independent of Court involvement, agree to extend the deadline to complete discovery in this case, the Court will not entertain any future requests for an extension of the deadlines to file dispositive motions and the trial deadlines, as set forth in this Order.
Civil cases
Judge encourages early essential discovery to foster settlement and minimize costs.
Judge Carlos will encourage that the most essential discovery be undertaken early in the case, so as to foster early settlement and minimize the costs of litigation.
Page 5 | a. Length of Discovery Period
Discovery period is normally 90-120 days, with 120 days including expert examination.
Judge Carlos normally permits ninety (90) to one hundred and twenty (120) days for the completion of discovery. A discovery period of 120 days includes expert examination.
Page 5 | a. Length of Discovery Period
Additional discovery time allowed in complex cases or upon showing of need.
Additional time will be allowed in complex cases or upon a specific showing of need.
Page 5 | a. Length of Discovery Period
Final pretrial conference is conducted on the record.
The conference will be conducted on the record.
Page 6 | d. Final Pretrial Conference
Court does not provide technology assistance for trial.
The Court does not provide technology assistance for trial.
Page 6 | d. Final Pretrial Conference
Courtroom access arranged through Judge Carlos' deputy clerk.
Access to the courtroom may be arranged by contacting Judge Carlos' deputy clerk.
Page 6 | d. Final Pretrial Conference
Final pretrial conference is held in person in Allentown, Pennsylvania.
The final pretrial conference will take place in person in the U.S. Courthouse in Allentown, Pennsylvania.
Page 6 | d. Final Pretrial Conference
Objections to videotape testimony not agreed upon will be reviewed at final pretrial conference.
Any objections made during the videotape testimony, where counsel are not able to reach agreement, will be reviewed during the final pretrial conference.
Page 6 | d. Final Pretrial Conference
Chambers Communication Rules
Judge Carlos prefers that counsel and the parties come to the U.S. Courthouse in Allentown, Pennsylvania for all settlement conferences.
Judge Carlos prefers that counsel and the parties come to the U.S. Courthouse in Allentown, Pennsylvania for all settlement conferences.
Page 1 | I. C. Telephone Conferences
Oral arguments and evidentiary hearings must be in-person.
Oral argument and evidentiary hearings will be conducted in person.
Page 1 | I. D. Oral Arguments and Evidentiary Hearings
Settlement conference memoranda must be emailed to chambers, not filed with clerk.
The memoranda are not to be filed with the Clerk’s office. Instead, they should be sent to chambers via email at: PAED_Carlos_Chambers@paed.uscourts.gov.
Page 3 | D. Settlement
Plaintiff and counsel report at 9:30 AM, defense counsel at 10:30 AM for settlement conference.
PLAINTIFF AND COUNSEL ARE TO REPORT TO CHAMBERS AT 9:30 A.M. ON THE DATE STATED ABOVE. DEFENSE COUNSEL SHALL REPORT AT 10:30 A.M.
Civil cases
Page 1 | SETTLEMENT CONFERENCE SCHEDULING ORDER
Parties must email chambers confirming settlement demand/offer status.
LETTER TO CHAMBERS, VIA EMAIL, INDICATING WHETHER A SETTLEMENT DEMAND AND A SETTLEMENT OFFER HAVE BEEN MADE. THE PARTIES ARE ALSO DIRECTED TO CONFIRM WHETHER BASED UPON THE STATUS OF NEGOTIATIONS THERE IS AN AGREEMENT TO PROCEED WITH A GOOD FAITH SETTLEMENT CONFERENCE.
Civil cases
Page 2 | SETTLEMENT CONFERENCE SCHEDULING ORDER
Reply/supplemental briefs require prior court permission.
Judge Carlos will not normally permit reply or supplemental briefs. Counsel desiring to file a such a brief must first seek permission of the Court before such a brief will be accepted.
Page 2 | II. B. 2. Reply and Supplemental Briefs
Counsel must attempt to resolve discovery disputes before contacting court.
Judge Carlos expects counsel to attempt to resolve disputes prior to bringing them to her attention, pursuant to Rule 26.1(f) of the Local Rules of Civil Procedure for the Eastern District of Pennsylvania.
Page 2 | II. C. 1. Discovery Disputes
Motion practice discouraged for discovery matters except subpoenas to non-parties.
Except for subpoenas issued to non-parties, the use of motion practice in discovery matters is discouraged.
Page 2 | II. C. 1. Discovery Disputes
Correspondence allowed if copies sent to all parties.
Judge Carlos permits correspondence from counsel on any matters so long as all other counsel or unrepresented parties are sent copies of such correspondence.
Page 1 | I. A. Correspondence with the Court
Counsel may contact law clerks for scheduling/administrative matters only.
Judge Carlos permits counsel to communicate with her law clerks on scheduling and administrative matters, but never on the merits of a case.
Page 1 | I. B. Communication with Law Clerks
Status conferences and discovery disputes by phone; Rule 16 conferences by Zoom.
Telephone conferences are utilized for status conferences and routine discovery disputes. Rule 16 conferences are generally conducted by Zoom.
Page 1 | I. C. Telephone Conferences
Generally, Judge Carlos prefers letter memoranda outlining the discovery dispute.
Generally, Judge Carlos prefers letter memoranda outlining the discovery dispute.
Page 2 | II. C. 1. Discovery Disputes
Oral argument scheduled only if helpful to case resolution.
Judge Carlos will schedule oral argument on motions only if it appears likely to be helpful to the Court's resolution of the matter.
Page 2 | II. B. 1. Oral Argument on Motions
Judge Carlos permits contact with the Court through her deputy clerk to set up telephone or chambers conferences to resolve outstanding issues.
Judge Carlos permits contact with the Court through her deputy clerk to set up telephone or chambers conferences to resolve outstanding issues.
Page 2 | II. C. 1. Discovery Disputes
Counsel must provide phone number and be available by phone during jury deliberations.
Judge Carlos 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 deputy clerk with their phone number.
Page 9 | Availability of Counsel During Jury Deliberations
Counsel may contact deputy clerk or law clerks with questions about courtroom practices.
Counsel should feel free to contact Judge Carlos' deputy clerk or law clerks if they have any questions about her courtroom practices or procedures.
Page 10 | Other General Matters
Settlement conference communications should be sent to PAED_Carlos_Chambers@paed.uscourts.gov.
The Email address is PAED_Carlos_Chambers@paed.uscourts.gov.
Civil cases
Page 2 | SETTLEMENT CONFERENCE SCHEDULING ORDER