Judge Paul S. Diamond
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Brief
Adjournments
- Continuance/extension motions require detailed declaration showing good cause and history of previous requests.
- Discovery shall begin as soon as possible. I am not inclined to grant any extensions respecting the discovery or other case-related deadlines. In ordinary circumstances, I expect that discovery will be well underway by the date of the Preliminary Pretrial Conference.
Request must include
- Requests for continuances/extensions must be filed at least 5 business days before the deadline, except for compelling circumstances.
Communication
Chambers
Phone
Chambers
Page & Word Limits3 rules
Motion papers must be double-spaced, 14-point Times New Roman, 1-inch margins. Supporting memoranda limited to 25 pages, replies to 12 pages, declarations to 20 pages.
- Supporting memorandum of law
- Up to 25 pages
- Reply
- Up to 12 pages
- Declaration
- Up to 20 pages
- Format
- Double-spaced; 14-point Times New Roman; 1-inch margins
Excluded from page count
- •Table of contents
- •Table of authorities
Court's wording
All motion papers must be double-spaced and prepared in 14-point, Times New Roman font, with margins of not less than one inch. Supporting memoranda of law shall not exceed twenty-five (25) pages (exclusive of table of contents and table of authorities), and replies shall not exceed twelve (12) pages. Declarations and affirmations shall be limited to twenty (20) pages each.
All sur-reply briefs must be submitted within seven (7) days of the reply brief.
All reply briefs must be submitted within fourteen (14) days of the response brief unless otherwise ordered.
Document Format Requirements2 rules
In accordance with Local Rule 5.1.2, I require that the Parties file electronically all documents via Electronic Case Filing. The Parties shall file all stipulations and proposed orders on the docket via ECF. Stipulations and proposed orders should not be delivered to the Clerk of Court.
Formatting
- •All documents must be filed electronically via ECF
Chambers copies shall be printed single sided on opaque white paper of high quality.
Formatting
- •Single-sided
- •Opaque white paper
- •High quality paper
Document Filing Requirements12 rules
Defendants not timely served under Rule 4(m) will be dismissed without prejudice.
Court's wording
Plaintiff(s) shall serve the Complaint expeditiously in accordance with Federal Rules of Civil Procedure 4 and 5. Any Defendant not timely served under Rule 4(m) shall be dismissed from the action without prejudice.
Before bringing a discovery dispute to my attention, Counsel must certify that they have made a reasonable effort to resolve the dispute.
Summary judgment motions require a separate statement of material facts in numbered paragraphs.
- Document
- Motion
Must include
- •Statement of material facts
Court's wording
When moving for summary judgment pursuant to Federal Rule of Civil Procedure 56, the moving party shall file a separate, short, and concise statement of material facts, in numbered paragraphs, as to which the moving party contends there is no genuine issue to be tried.
The non-moving party shall include a correspondingly numbered paragraph responding to each numbered paragraph in the statement of the moving party.
- Document
- Opposition
Must include
- •Correspondingly numbered paragraph responding to each numbered paragraph
All material facts set forth in the statement required to be served by the moving party may be deemed admitted unless controverted by the opposing party.
Reply and sur-reply briefs shall not include declarations or exhibits.
Statements of material facts in support of or in opposition to a motion shall include specific supporting record cites.
- Document
- Motion
Must include
- •Include specific supporting record cites
Failure to include a statement of material facts may constitute grounds for denial of a motion for summary judgment.
- Document
- Motion
Include
- •Statement of material facts
Counsel shall include proposed orders when requesting continuances or extensions.
- Document
- Continuance or extension request
Must include
- •Proposed order
I look unfavorably on attempts to ambush opposing Counsel with the production of evidence or witnesses past the applicable cutoff date in the Case
Rule 34 objections must be specific and state grounds; general objections may result in sanctions.
Court's wording
In objecting to a discovery request served under Rule 34, the Parties shall “state with specificity the grounds for objecting to the request, including the reasons.” Fed. R. Civ. P. 34(b)(2)(B). “An objection must state whether any responsive materials are being withheld on the basis of that objection. An objection to part of a request must specify the part and permit inspection of the rest.” Id. 34(b)(2)(C). General objections will rarely be appropriate and may be punished by the imposition of sanctions.
The consent form is available on the Court's website at http://www.paed.uscourts.gov/documents/handbook/forms/app_q1.pdf.
Filing & Service rules
Courtesy Copy Requirements
I expect to receive a courtesy copy of any briefs filed in appeals from my decisions.
I expect to receive a courtesy copy of any briefs filed in appeals from my decisions.
Civil cases
Page 14 | CASES ON APPEAL
Documentary evidence over 50 pages must be delivered to Chambers in hard copy with specific formatting.
If documentary evidence in support of or in opposition to a motion exceeds 50 pages, the evidence shall be delivered to Chambers in hard copy. The documents shall be placed in a three-ring binder, with an index and with each item of evidence separated by tab dividers on the right side. Counsel shall ensure that all documents are legible.
Civil cases
Courtesy copies of cases available on Lexis or Westlaw are not required.
Parties need not submit courtesy copies of cases that are available on Lexis or Westlaw with their motion papers.
Civil cases
Pre-Motion Conference Requirements
Oral argument is generally not required for motions.
I generally will not require oral argument on motions.
Civil cases
Adjournment & Extension Requirements
Continuance/extension motions require detailed declaration showing good cause and history of previous requests.
A motion to continue or extend the date of any matter or deadline must be supported by a detailed declaration demonstrating good cause for the continuance. The motion must also indicate whether there have been previous requests for continuances or extensions and whether I have granted or denied those requests.
Civil cases
Page 12 | CONTINUANCES OR EXTENSIONS OF TIME
Requests for continuances/extensions must be filed at least 5 business days before the deadline, except for compelling circumstances.
Counsel must submit any request for a continuance or extension no later than five (5) business days before the scheduled date. Requests submitted after that time shall be denied absent a showing of compelling circumstances (e.g., serious bodily injury or illness).
Civil cases
Page 12 | CONTINUANCES OR EXTENSIONS OF TIME
Discovery shall begin as soon as possible. I am not inclined to grant any extensions respecting the discovery or other case-related deadlines. In ordinary circumstances, I expect that discovery will be well underway by the date of the Preliminary Pretrial Conference.
Discovery shall begin as soon as possible. I am not inclined to grant any extensions respecting the discovery or other case-related deadlines. In ordinary circumstances, I expect that discovery will be well underway by the date of the Preliminary Pretrial Conference.
Civil cases
Page 2 | DISCOVERY
Chambers Communication Rules
Discovery disputes must be emailed to Chambers with disputed request attached as exhibit.
Counsel shall email a brief letter describing the dispute to Chambers (Chambers_of_Judge_Paul_S_Diamond@paed.uscourts.gov) and attach the disputed discovery request as an exhibit. Unless otherwise ordered,
Civil cases
Page 2 | DISCOVERY
All continuance/extension requests must be filed via ECF.
All requests must be filed via ECF.
Civil cases
Page 12 | CONTINUANCES OR EXTENSIONS OF TIME
If a dispute arises during a deposition, I expect Counsel to phone Chambers during the deposition so that I can resolve the dispute immediately.
If a dispute arises during a deposition, I expect Counsel to phone Chambers during the deposition so that I can resolve the dispute immediately.
Civil cases
I permit Counsel to speak with my Law Clerks on scheduling and procedural matters only.
I permit Counsel to speak with my Law Clerks on scheduling and procedural matters only.
Civil cases
Page 13 | COMMUNICATION WITH LAW CLERKS
Preliminary pretrial conference in Chambers after responsive pleading; Lead Counsel must attend with client or corporate representative; no telephonic/Zoom appearances.
Pursuant to Rule 16, a Preliminary Pretrial Conference shall be held in Chambers as soon as practicable after a responsive pleading to the Complaint is filed. Lead Counsel shall attend the conference, be familiar with all aspects of the case, and be accompanied by his or her client, or, in the case of corporate parties, a representative with full settlement authority. Requests to appear telephonically or via Zoom will not be granted.
Civil cases
Page 2 | PRELIMINARY PRETRIAL CONFERENCE