Born 1960 in Engelwood, NJ
Judge, U. S. District Court, District of Massachusetts
Nominated by Barack Obama on September 24, 2013, to a seat vacated by Mark L. Wolf; Confirmed by the Senate on May 8, 2014, and received commission on May 12, 2014.
Harvard / Radcliffe College, B.A., 1982
University of California, Berkeley, School of Law, J.D., 1988
||Gail MacDonald Marchione
Contact the courtroom clerk regarding use of this equipment.
The courtroom is equipped with a fully integrated evidence presentation system with 15"
viewing monitors for each attorney table, the witness, the Judge and their staff, and a 40"
plasma for the gallery. The jury box also has 15" monitors built into the front and back rows
of the jury box, one for every two jurors. Evidence being displayed from any source can be
annotated from the witness and lectern monitors. Two attorney tables have the ability to
connect both audio and video from a computer through a standard VGA port [laptop/desktop
and even Mac/Apple if you have the VGA adapter]. In addition, there are two computer
audio and video inputs located at the lectern location. Also at the lectern, is a document
camera for displaying physical evidence that is not electronic and a VCR. Portable video
conferencing equipment can be brought in upon request for remote appearances.
Internet access is available upon request and with the consent of the presiding Judge.
Click here for more information.
- IT Q1: Do you have any specific scheduling order or any particular topics that counsel must address in the joint statement in addition to/or in lieu of the topics required to be addressed under Local Rule 16.1(D) for the initial scheduling conference?
- IT A1: Yes. Counsel must inform the court of any related cases.
- IT Q2: If you have a specific scheduling order, please attach your order.
- IT A2: Respondent skipped this question.
- IT Q3: Do you have any additional requirement(s) as to the attorneys' obligation that they confer with their client(s) about case budget and ADR pursuant to Local Rule 16.1(D)(3)?
- IT A3: Yes, I require the certificate of consulation to be hand signed by the client.
- IT Q4: What, if any, inquiries do you make about settlement prospects and/or interest in mediation at the initial scheduling conference?
- IT A4: I typically ask if the parties are interested in mediation before a magistrate judge.
- IT Q5: What, if any inquiries do you make about the liklihood of trial at the initial scheduling conference?
- IT A5: None.
- IT Q6: What schedule do you set at the initial scheduling conference?
- IT A6: I typically schedule close of fact discovery, expert discovery and dispositive motion filing dates.
- IT Q7: After the initial scheduling conference, do you hold status conferences?
- IT A7: Yes.
- IT Q8: If so, when do you hold status conferences?
- IT A8: I typically hold a status conference at the end of fact discovery. I also typically hold a status conference after denying a summary judgment motion.
- IT Q9: If so, what issues do you address at status conferences?
- IT A9: I typically ask at each status conference if the parties are interested in mediation before a magistrate judge. I also ask at the status conference following fact discovery if counsel anticipate filing dispositive motions and if they anticipate expert discovery. If counsel anticipate both, I discuss whether dispositive motions or expert discovery should happen first, and may amend the scheduling order accordingly.
- IT Q10: Other than the requirements under Local Rule 16.1(D) for addressing certain discovery topics in the parties' joint statement, what, if any, discovery issues do you like counsel to be prepared to address at the initial scheduling conference?
- IT A10: Counsel should be prepared to discuss any anticipated unusual discovery issues.
- IT Q11: What, if any, issues related to electronically stored information should counsel be prepared to address at the initial scheduling conference?
- IT A11: Respondent skipped this question.
- IT Q12: If the parties intend to file a proposed protective order, do you require any particular format and/or a specific time for doing so?
- IT A12: Although I do not require a particular format, the orders I issue include the requirement that any request to file documents under seal must be support by good cause other than the fact that the parties agree as to confidentiality or that the documents were exchanged pursuant to the protective order.
- IT Q13: Under what circumstances would you consider a bifurcation of discovery ?
- IT A13: I will consider bifurcation of discovery on a case-by-case basis.
- IT Q14: Given the new requirement under Fed. R. Civ. P. 26(b)(1) regarding the proportionality of the scope of discovery, what, if any inquiry do you make about this issue at the initial scheduling conference?
- IT A14: None unless raised by the parties.
- IT Q15: Other than the requirement that the parties confer in good faith to narrow the issues before filing any discovery motion under Local Rule 37.1(A), what, if any, additional requirements do you make of counsel before considering discovery motions?
- IT A15: Respondent skipped this question.
- IT Q16: Typically, do you resolve discovery motions or do you refer them to the magistrate judge?
- IT A16: I typically resolve them.
- IT Q17: Do you typically hold a hearing on discovery?
- IT A17: Respondent skipped this question.
- IT Q18: Please describe your general practice regarding the resolution of discovery motions.
- IT A18: My scheduling order suggests that counsel request a brief conference in advance of filing a written motion. I try to determine at such a conference if there is an expeditious resolution of the issue and I also try to ensure that objections as to part of a request or interrogatory are not holding up production or answers to unobjected portions of the request or interrogator. If discovery motions are document intensive, I will refer them to the magistrate judge.
- IT Q19: Under what circumstances will you consider emergency motions regarding discovery matters?
- IT A19: I review all emergency motions when filed. I typically deny such motions without prejudice where counsel have failed to include a 7.1 certificate. If the motion presents an issue that should be resolved in less than fourteen days but should not be decided ex parte, I will typically issue an order requesting a response on a shortened schedule. If the motion presents an issue that does not need to be decided in less than fourteen days, I will not consider it on an emergency basis.
- IT Q20: Do you have any particular practices or requirements about expert disclosures?
- IT A20: Respondent skipped this question.
- IT Q21: What, if any, expert discovery deadlines do you set at the initial scheduling conference? When do you typically set a schedule for the filing of Daubert motions?
- IT A21: I typically set expert discovery deadlines at the initial scheduling conference, subject to revision at the status conference held at the close of fact discovery. I do not have a typical schedule for the filing of Daubert motions.
- IT Q22: If the case involves a pro se litigant, do you typically have any different practices in regard to scheduling conferences, status conferences or discovery matters?
- IT A22: At scheduling conferences involving pro se litigants, I typically describe the Federal Bar Association's program for pro bono counsel for mediations before a magistrate judge.
- IT Q23: Other than the presumptive pages limits for memoranda under Rule 7.1(b), do you have any other requirements or preferences about the filing of dispositive motions?
- IT A23: Respondent skipped this question.
- IT Q24: In connection with dispositive motions, do you require the filing of any courtesy copies of exhibits, depositions and/or other materials in addition to the electronic versions that are filed on ECF?
- IT A24: Yes, I require one courtesy copy, with exhibit tabs, for affidavits and other documents exceeding 20 pages or evidencing facts submitted pursuant to L.R. 7.1(b) (1) if such filings in connection with a particular motion exceed twenty pages (exclusive of the length).
- IT Q25: Do you typically allow reply briefs and/or surreply briefs?
- IT A25: Reply briefs are permitted under Local Rule 56.1 in connection with summary judgment motions. I typically do not otherwise allow reply briefs absent good cause.
- IT Q26: If you allow reply and/or surreply briefs, do you impose a page limit?
- IT A26: Respondent skipped this question.
- IT Q27: Do you typically hold a hearing on motions to dismiss?
- IT A27: I typically hold a hearing before granting a motion to dismiss. I may or may not hold a hearing before denying a motion for summary judgment.
- IT Q28: Do you typically hold a hearing on summary judgment motions?
- IT A28: Yes
- IT Q29: If you typically hold hearings on dispositive motions, what, if any, time limits do you impose on counsel for their arguments?
- IT A29: Respondent skipped this question.
- IT Q30: Under what, if any, circumstances, would you allow the filing of post-argument briefs?
- IT A30: I may allow the filing of post-argument briefs if I raise an issue at argument not addressed by the parties in their briefing.
- IT Q31: Do you have any standing order and/or any particular practice regarding the management of patent cases? If so, please describe them.
- IT A31: Respondent skipped this question.
- IT Q32: If applicable, please upload your standing order regarding the management of patent cases.
- IT A32: Respondent skipped this question
- IT Q33: Do you have particular practice about Markman hearings? If so, please describe them including but not limited to whether you allow tutorial(s).
- IT A33: Respondent skipped this question.
- IT Q34: Do you handle matters regarding discovery in criminal cases?
- IT A34: No.
- IT Q35: Do you have any particular practices as to scheduling in criminal cases? If so, please describe them.
- IT A35: Respondent skipped this question.
- IT Q36: If a defendant files a motion for release and/or modification of conditions of release after the case has been referred back to the district judge, is it your typical practice to resolve the motion or refer it back to the magistrate judge?
- IT A36: I refer it to the magistrate judge.
- IT Q37: Do you typically hold a hearing on motions for review of a detention order?
- IT A37: Respondent skipped this question.
- IT Q38: Do you have any particular practices regarding the filing of suppression motions or hearings on suppression motions?
- IT A38: Respondent skipped this question.
- IT Q39: Do you require the filing of a trial brief?
- IT A39: Yes, in both civil and criminal cases
- IT Q40: If you do not require the filing of a trial brief, under what circumstances do you think it would be helpful to the Court?
- IT A40: Respondent skipped this question.
- IT Q41: Do you typically hold an initial pretrial conference in criminal cases? If so, what issues do you want counsel to be able to address at each conference in addition to those addressed under Local Rule 117.1(a)?
- IT A41: I typically hold an initial pretrial conference.
- IT Q42: Do you typically hold an initial pretrial conference in civil cases?
- IT A42: Yes.
- IT Q43: When do you set a deadline for the filing of proposed voir dire, proposed jury instructions and/or special verdict form, witness and exhibits lists, motions in limine? Typically, how far in advance of trial are these deadlines?
- IT A43: I typically set deadlines in a scheduling order issued after any summary judgment motions are resolved. I will typically set pretrial disclosures 35 days before trial, motions in limine 21 days before trial, proposed voir dire, jury instructions, and verdict forms 14 days before trial.
- IT Q44: Do you require that proposed voir dire, verdict forms and/or jury instructions be filed in any particular form (i.e., courtesy electronic copy to your deputy clerk
in Word or WordPerfect format, etc.)?
- IT A44: I require ecf filing of these proposed documents and a disc containing modifiable Microsoft Word copies of the proposed questions, instructions and forms.
- IT Q45: Do you set a page limit for motions in limine? If so, what is it?
- IT A45: No.
- IT Q46: Do you typically hear motions in limine at the final pretrial conference?
- IT A46: Respondent skipped this question.
- IT Q47: Do you typically resolve motions in limine at the final pretrial conference?
- IT A47: I try to resolve motions in limine before the final pretrial conference.
- IT Q48: Do you typically hear and/or resolve Daubert motions at the final pretrial conference?
- IT A48: I do not have a set practice for Daubert motions.
- IT Q49: Do you require the parties to provide a courtesy copy of trial exhibits to the Court before trial?
- IT A49: Yes.
- IT Q50: If courtesy copies of trial exhibits are required, when do you require them?
- IT A50: Respondent skipped this question.
- IT Q51: If courtesy copies of trial exhibits are required, what particular form is required?
- IT A51: I typically request submission of a disc containing a courtesy copy of all exhibits 35 days before trial. If trial exhibits are voluminous, I also request a hard copy, with exhibit tabs, to be available at trial.
- IT Q52: Do you require trial exhibits to be pre-marked? If so, please describe your practice?
- IT A52: Yes, Trial exhibits should be marked by a single sequence of numbers, regardless of which party is the proponent of an exhibit.
- IT Q53: Typically, when do you set a trial date in criminal cases?
- IT A53: Unless the trial is anticipated to be unusually long or involve numerous defendants, I typically set a trial date at the initial conference held within two weeks of the Final Report from the magistrate judge.
- IT Q54: Typically, when do you set a trial date in civil cases?
- IT A54: I typically set a trial date at the status conference following resolution of any dispositive motions.
- IT Q55: What is your typical trial schedule?
- IT A55: During trial, the jury typically sits from 9:00 a.m. - 1:00 p.m., with a break at 11:00 a.m. Attorneys should be available for matters that need to be addressed without the jury between 8:30 and 9:00 a.m., and after 2:00 p.m. The jury typically deliberates on a full day schedule, that may be adjusted based on jury members' commute preferences.
- IT Q56: In civil cases, do you set time limits for counsel for opening statements, the presentation of evidence and/or closing arguments? If so, please describe your practice?
- IT A56: Yes. I set time limits in advance of the events after discussion with counsel.
- IT Q57: Please describe your jury selection process.
- IT A57: Counsel will receive a list of the jurors’ names and the jurors will file into the courtroom and sit in the order that their names appear on the list. The court will then ask voir dire questions and jurors will raise their hands if their answer is “yes” to the question. The court will record which jurors raised their hands for each question. The court will call the jurors who raised their hands to side bar and ask follow up questions after all questions are asked. Counsel can propose questions for approval at that time. The court will then decide whether to excuse for cause. After the court excuses for cause, the parties may exercise their preemptory challenges by writing them on pieces of paper and handing them to the clerk. Each side has three preemptory challenges.
- IT Q58: Under what circumstances, if any, have you or would you consider using a juror questionnaire?
- IT A58: Respondent skipped this question.
- IT Q59: If you would consider the use of a jury questionnaire, when and in what form should it be proposed?
- IT A59: Respondent skipped this question.
- IT Q60: Have you or would you consider allowing attorney voir dire?
- IT A60: No, Except as described above.
- IT Q61: In civil trials, typically what number of jurors do you seat?
- IT A61: 12.
- IT Q62: In criminal trials, typically how many alternate jurors do you seat?
- IT A62: Respondent skipped this question.
- IT Q63: Do you require counsel to use the podium during openings, examination of witnesses and/or closings?
- IT A63: No.
- IT Q64: How many rounds of examination do you typically allow?
- IT A64: Direct & Cross, Redirect, Recross.
- IT Q65: Under what, if any, circumstances, will you allow a rebuttal case?
- IT A65: Respondent skipped this question.
- IT Q66: Do you have any preferences about the use of chalks during openings and closings?
- IT A66: Respondent skipped this question.
- IT Q67: Do you have any particular practice in regard to jury charge conferences? If so, please describe it.
- IT A67: Respondent skipped this question.
- IT Q68: Do you provide a written copy of your jury charge to the jury?
- IT A68: Yes.
- IT Q69: Will you consider counsel's proposals of a special verdict form? If so, should it be in any particular format?
- IT A69: I will consider the proposals.
- IT Q70: If you have any preferences or practices about pretrial or trial matters that has not been solicited by the prior questions, please describe them here.
- IT A70: Counsel are required to provide opposing counsel, no later than the conclusion of the trial day, the names of the expected witnesses for the following day and a reasonable projection of the witness lineup for the day after that.
- IT Q71: If you have any particular practices as to bench trials, please describe them.
- IT A71: Respondent skipped this question.
- IT Q72: Do you require a sentencing memorandum in every case?
- IT A72: Yes.
- IT Q73: If you do not require a sentencing memorandum in every case, when would it be helpful to you?
- IT A73: Respondent skipped this question.
- IT Q74: Under what, if any, circumstances, would you consider an expedited sentencing?
- IT A74: Respondent skipped this question.
- IT Q75: Do you have any particular practices regarding the presentation of victim impact statements at sentencing?
- IT A75: Respondent skipped this question.
- IT Q76: Under what, if any circumstances, would you consider the postponement of a sentencing hearing?
- IT A76: Respondent skipped this question.
- IT Q77: Do you have any particular practices as to revocation matters?
- IT A77: Respondent skipped this question.
- IT Q78: If your session has any standing orders, please attach them here.
- IT A78: Respondent skipped this question.
- IT Q79: Order #2
- IT A79: Respondent skipped this question.
- IT Q80: Order #3
- IT A80: Respondent skipped this question.
- IT Q81: If there is any other guidance about your court practices and preferences that you would like to share with counsel that has not been solicited by any of the prior questions, please provide it here.
- IT A81: Respondent skipped this question.