Born 1948 in Chicago, IL
Judge, U. S. District Court, District of Massachusetts
Nominated by Barack H. Obama on November 30, 2011, to a seat vacated by Nancy Gertner; Confirmed by the Senate on June 4, 2012, and received commission on June 6, 2012.
U. S. Magistrate Judge, U. S. District Court for the District of Massachusetts, 2006-2012
Coe College, B.A., 1970
Suffolk University Law School, J.D., 1973
Contact the courtroom clerk regarding use of this equipment.
The courtroom is equipped with a 50" plasma monitor cart that contains a VCR/DVD combo
unit for video playback. In addition, there is a document camera in each courtroom that can
connect to the same monitor for displaying physical evidence. If the evidence is electronic,
the computer can either be chained into the system through the document camera, or
connected directly by removing the document camera. Portable video conferencing
equipment can be brought in upon request for remote appearances.
Standing Order Appearance of Counsel by Telephone
Standing Order Use of Courtrooms for Training, Education and other Purposes
Courtroom Opportunities for Relatively Inexperienced Attorneys
- TSH 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?
- TSH A1: Respondent skipped this question.
- TSH Q2: If you have a specific scheduling order, please attach your order.
- TSH A2: Scheduling Order
- TSH 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)?
- TSH A3: No
- TSH Q4: What, if any, inquiries do you make about settlement prospects and/or interest in mediation at the initial scheduling conference?
- TSH A4: I ask if they have an appetite for mediation at the Rule 16 conference. I will ask again at every status hearing. If no, I then ask when they would be ready.
- TSH Q5: What, if any inquiries do you make about the liklihood of trial at the initial scheduling conference?
- TSH A5: I presume that the case will go to trial.
- TSH Q6: What schedule do you set at the initial scheduling conference?
- TSH A6: Fact discovery, expert discovery, dispositive motions, next status conference date.
- TSH Q7: After the initial scheduling conference, do you hold status conferences?
- TSH A7: Yes
- TSH Q8: If so, when do you hold status conferences?
- TSH A8: Near the end of fact discovery, and then periodically (approximately 4 months) thereafter.
- TSH Q9: If so, what issues do you address at status conferences? (e.g., status of discovery, settlement prospects, mediation, etc.)
- TSH A9: Status of discovery and whether BOTH are interested in a mediation prior to expert discovery.
- TSH 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?
- TSH A10: Anything that may be an issue on the horizon, any issues that can be economically dealt with.
- TSH Q11: What, if any, issues related to electronically stored information should counsel be prepared to address at the initial scheduling conference?
- TSH A11: I have not had any problems with this.
- TSH 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?
- TSH A12: No.
- TSH Q13: Under what circumstances would you consider a bifurcation of discovery ?
- TSH A13: In civil rights cases with a Monell claim.
- TSH 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?
- TSH A14: Have not had a problem.
- TSH 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?
- TSH A15: None.
- TSH Q16: Typically, do you resolve discovery motions or do you refer them to the magistrate judge?
- TSH A16: I typically refer them to the magistrate judge.
- TSH Q17: Do you typically hold a hearing on discovery?
- TSH A17: If I keep the motion I will usually hold a hearing.
- TSH Q18: Please describe your general practice regarding the resolution of discovery motions.
- TSH A18: Make sure that the parties submissions comply with the format in Local Rule 37.1.
- TSH Q19: Under what circumstances will you consider emergency motions regarding discovery matters?
- TSH A19: Rarely.
- TSH Q20: Do you have any particular practices or requirements about expert disclosures?
- TSH A20: No.
- TSH 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?
- TSH A21: Set deadline for disclosure and dates for depositions. I deal with Daubert Motions as part of the final pre-trial unless the parties believe an earlier decision will be dispositive.
- TSH 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?
- TSH A22: It depends on the type of case.
- TSH 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?
- TSH A23: No.
- TSH 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?
- TSH A24: No.
- TSH Q25: Do you typically allow reply briefs and/or surreply briefs?
- TSH A25: Yes.
- TSH Q26: If you allow reply and/or surreply briefs, do you impose a page limit?
- TSH A26: Yes.
- TSH Q27: Do you typically hold a hearing on motions to dismiss?
- TSH A27: Yes.
- TSH Q28: Do you typically hold a hearing on summary judgment motions?
- TSH A28: Yes.
- TSH Q29: If you typically hold hearings on dispositive motions, what, if any, time limits do you impose on counsel for their arguments?
- TSH A29: Not usually.
- TSH Q30: Under what, if any, circumstances, would you allow the filing of post-argument briefs?
- TSH A30: Novel issue, or failure to properly address an issue that might be disputed.
- TSH Q31: Do you have any standing order and/or any particular practice regarding the management of patent cases? If so, please describe them.
- TSH A31: No.
- TSH Q32: If applicable, please upload your standing order regarding the management of patent cases.
- TSH A32: Respondent skipped this question
- TSH Q33: Do you have particular practice about Markman hearings? If so, please describe them including but not limited to whether you allow tutorial(s).
- TSH A33: No.
- TSH Q34: Do you handle matters regarding discovery in criminal cases?
- TSH A34: No.
- TSH Q35: Do you have any particular practices as to scheduling in criminal cases? If so, please describe them.
- TSH A35: Once a case is returned to me from the magistrate judge I will have counsel into court and set a trial date and a date for a final pre-trial conference.
- TSH 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?
- TSH A36: I do both.
- TSH Q37: Do you typically hold a hearing on motions for review of a detention order?
- TSH A37: Yes.
- TSH Q38: Do you have any particular practices regarding the filing of suppression motions or hearings on suppression motions?
- TSH A38: No.
- TSH Q39: Do you require the filing of a trial brief?
- TSH A39: Yes, in civil cases.
- TSH 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?
- TSH A40: Overview of expected evidence questions and heads up on any other contested issues.
- TSH 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)?
- TSH A41: Yes.
- TSH Q42: Do you typically hold an initial pretrial conference in civil cases?
- TSH A42: Yes. If so, what issues do you want counsel to be able to address at each conference? Motion in Limine, schedule, witness issues.
- TSH 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?
- TSH A43: Final pre-trial conference usually 6 weeks before trial.
- TSH 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.)?
- TSH A44: Courtesy electronic copy in Word format.
- TSH Q45: Do you set a page limit for motions in limine? If so, what is it?
- TSH A45: No.
- TSH Q46: Do you typically hear motions in limine at the final pretrial conference?
- TSH A46: Yes.
- TSH Q47: Do you typically resolve motions in limine at the final pretrial conference?
- TSH A47: Some I do, and some I reserve until trial.
- TSH Q48: Do you typically hear and/or resolve Daubert motions at the final pretrial conference?
- TSH A48: Yes.
- TSH Q49: Do you require the parties to provide a courtesy copy of trial exhibits to the Court before trial?
- TSH A49: No.
- TSH Q50: If courtesy copies of trial exhibits are required, when do you require them?
- TSH A50: Respondent skipped this question.
- TSH Q51: If courtesy copies of trial exhibits are required, what particular form is required?
- TSH A51: Respondent skipped this question.
- TSH Q52: Do you require trial exhibits to be pre-marked? If so, please describe your practice?
- TSH A52: Yes.
- TSH Q53: Typically, when do you set a trial date in criminal cases?
- TSH A53: As soon as the case is returned to me by the magistrate judge.
- TSH Q54: Typically, when do you set a trial date in civil cases?
- TSH A54: After dispositive motions.
- TSH Q55: What is your typical trial schedule?
- TSH A55: 9:00 am to 1:00 pm
- TSH 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?
- TSH A56: No.
- TSH Q57: Please describe your jury selection process.
- TSH A57: Ask voir dire of panel, note the juror numbers of the "yeses", draw juror randomly, inquire of jurors who answered yes at sidebar. Peremptive challenges (parties alternate), redo until jury is seated.
- TSH Q58: Under what circumstances, if any, have you or would you consider using a juror questionnaire?
- TSH A58: Complicated, lengthy cases.
- TSH Q59: If you would consider the use of a jury questionnaire, when and in what form should it be proposed?
- TSH A59: Respondent skipped this question.
- TSH Q60: Have you or would you consider allowing attorney voir dire?
- TSH A60: Yes.
- TSH Q61: In civil trials, typically what number of jurors do you seat?
- TSH A61: 8.
- TSH Q62: In criminal trials, typically how many alternate jurors do you seat?
- TSH A62: 2.
- TSH Q63: Do you require counsel to use the podium during openings, examination of witnesses and/or closings?
- TSH A63: No, must be able to be heard by jury and court reporter.
- TSH Q64: How many rounds of examination do you typically allow?
- TSH A64: Direct & Cross, Redirect, Recross.
- TSH Q65: Under what, if any, circumstances, will you allow a rebuttal case?
- TSH A65: If the evidence requires.
- TSH Q66: Do you have any preferences about the use of chalks during openings and closings?
- TSH A66: Court permission before use in opening/closing
- TSH Q67: Do you have any particular practice in regard to jury charge conferences? If so, please describe it.
- TSH A67: Respondent skipped this question.
- TSH Q68: Do you provide a written copy of your jury charge to the jury?
- TSH A68: Yes.
- TSH Q69: Will you consider counsel's proposals of a special verdict form? If so, should it be in any particular format?
- TSH A69: Yes, in Word format.
- TSH 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.
- TSH A70: Respondent skipped this question
- TSH Q71: If you have any particular practices as to bench trials, please describe them.
- TSH A71: Respondent skipped this question.
- TSH Q72: Do you require a sentencing memorandum in every case?
- TSH A72: Yes.
- TSH Q73: If you do not require a sentencing memorandum in every case, when would it be helpful to you?
- TSH A73: A week before the sentencing hearing.
- TSH Q74: Under what, if any, circumstances, would you consider an expedited sentencing?
- TSH A74: Rarely
- TSH Q75: Do you have any particular practices regarding the presentation of victim impact statements at sentencing?
- TSH A75: No.
- TSH Q76: Under what, if any circumstances, would you consider the postponement of a sentencing hearing?
- TSH A76: Respondent skipped this question.
- TSH Q77: Do you have any particular practices as to revocation matters?
- TSH A77: No.
- TSH Q78: If your session has any standing orders, please attach them here.
- TSH A78: Respondent skipped this question.
- TSH Q79: Order #2
- TSH A79: Respondent skipped this question.
- TSH Q80: Order #3
- TSH A80: Respondent skipped this question.
- TSH 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.
- TSH A81: Respondent skipped this question.