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Dein, Judith G.

Born 1955 in New York, NY

Federal Judicial Service
Magistrate Judge, U. S. District Court, District of Massachusetts
Chief Magistrate Judge, 2009 - 2012.

First appointed to the Court July 31, 2000.

Union College, B.A., 1976
Boston College Law School, J.D., 1979

Judicial Assistant Jolyne D'Ambrosio
Clerk’s Office
Docket Clerk
Thomas Quinn 617-748-9040

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Chambers Procedures/Standing Orders/Sample Orders

USDC Judicial Forum Survey

Match word(s).

    Civil - Case Management

  • JGD 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?
  • JGD A1: No, I follow the Local Rule
  • JGD Q2: If you have a specific scheduling order, please attach your order.
  • JGD A2: Respondent skipped this question.
  • JGD 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)?
  • JGD A3: No
  • JGD Q4: What, if any, inquiries do you make about settlement prospects and/or interest in mediation at the initial scheduling conference?
  • JGD A4: I always ask about mediation. I ask about settlement in the context of scheduling discovery efficiently. For example, if certain discovery is needed as a prelude to settlement discussions, I work with the parties to schedule that discovery.
  • JGD Q5: What, if any inquiries do you make about the liklihood of trial at the initial scheduling conference?
  • JGD A5: I rarely inquire about the likelihood of trial at the initial scheduling conference.
  • JGD Q6: What schedule do you set at the initial scheduling conference?
  • JGD A6: I usually schedule fact discovery and expert discovery. I often wait to schedule dispositive motions until the next status conference.
  • JGD Q7: After the initial scheduling conference, do you hold status conferences?
  • JGD A7: Yes.
  • JGD Q8: If so, when do you hold status conferences?
  • JGD A8: I usually hold the first status conference towards the close of fact discovery.
  • JGD Q9: If so, what issues do you address at status conferences?
  • JGD A9: I address the status of discovery, whether adjustments to the schedule are needed, whether mediation is appropriate, and whether the case is likely to involve dispositive motions. If so, I often schedule dispositive motions when fact discovery is almost complete.
  • Civil - Discovery

  • JGD 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?
  • JGD A10: I like to know about the substance of the case, and potential discovery problems. I also discuss the best form for presenting discovery issues, i.e. motions, letters, informal conferences or the like.
  • JGD Q11: What, if any, issues related to electronically stored information should counsel be prepared to address at the initial scheduling conference?
  • JGD A11: The status of electronic discovery, and any potential problems.
  • JGD 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?
  • JGD A12: No.
  • JGD Q13: Under what circumstances would you consider a bifurcation of discovery ?
  • JGD A13: It varies with the case. Factors I generally consider are if there is limited discovery needed before serious settlement discussions can be started, or if there are discrete issues that need to be decided by the court which will affect the need for significant amounts of discovery.
  • JGD 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?
  • JGD A14: I have not made any discrete inquiries about proportionality. I usually wait for the parties to bring it up if it is an issue.
  • JGD 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?
  • JGD A15: No specific requirements, but I have been working with counsel to determine the most efficient way of presenting a discovery issue. For example, are memoranda really needed, can the issue be decided in a telephone conference, and the like.
  • JGD Q16: Do you typically hold hearing on discovery motions?
  • JGD A16: Yes, I generally hold fairly significant hearings on discovery motions so the parties can understand how I am likely to rule, and so that they can help formulate resolutions, if possible.
  • JGD Q17: Please describe your general practice regarding the resolution of disovery motions.
  • JGD A17: I generally hold hearings. If possible, I rule from the bench. I usually issue an order, but on occasion ask the parties to draft the order.
  • JGD Q18: Under what circumstances will you consider emergency motions regarding discovery matters?
  • JGD A18: I will consider an emergency motion if it is a real emergency. I rarely decide a motion without giving the opposing party an opportunity to address the issues in a substantive way.
  • JGD Q19: Do you have any particular practices or requirements about expert disclosures?
  • JGD A19: I follow the Rules.
  • JGD Q20: 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?
  • JGD A20: I generally set schedules for expert discovery at the initial scheduling conference. I schedule the filing of Daubert motions closer to trial.
  • JGD Q21: 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?
  • JGD A21: I try and make sure that the pro se litigant understands the procedure and is engaged in the process. I also discuss the possibility of pro bono counsel being appointed for mediation only.
  • Civil - Dispositive Motions

  • JGD Q22: 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?
  • JGD A22: I request that in connection with motions for summary judgment there be one document stating the undisputed facts and the opposing party's response thereto.
  • JGD Q23: 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?
  • JGD A23: No, only upon request by the court.
  • JGD Q24: Do you typically allow reply briefs and/or surreply briefs?
  • JGD A24: Yes, I generally allow reply briefs. Surreply briefs are not encouraged.
  • JGD Q25: If you allow reply and/or surreply briefs, do you impose a page limit?
  • JGD A25: Yes, Generally they must be very short and focused.
  • JGD Q26: Do you typically hold a hearing on motions to dismiss?
  • JGD A26: Yes.
  • JGD Q27: Do you typically hold a hearing on summary judgment motions?
  • JGD A27: Yes.
  • JGD Q28: If you typically hold hearings on dispositive motions, what, if any, time limits do you impose on counsel for their arguments?
  • JGD A28: No time limits.
  • JGD Q29: Under what, if any, circumstances, would you allow the filing of post-argument briefs?
  • JGD A29: I will request additional briefing if I feel it would help. New cases can be brought to the court's attention via postargument briefs.
  • Civil - Patent Cases

  • JGD Q30: Do you have any standing order and/or any particular practice regarding the management of patent cases? If so, please describe them.
  • JGD A30: No.
  • JGD Q31: If applicable, please upload your standing order regarding the management of patent cases.
  • JGD A31: Respondent skipped this question
  • JGD Q32: Do you have particular practice about Markman hearings? If so, please describe them including but not limited to whether you allow tutorial(s).
  • JGD A32: No.

    Civil Mediation

  • JGD Q33: If you have any particular practices or preferences in regard to submissions before a mediation, please describe them.
  • JGD A33: I require a written submission which is included in my order. See order below.
  • JGD Q34: Do you have a standard pre-mediation order for the parties? If so, please attach it here.
  • JGD A34: An electronic order is entered in each case. Generally they provide: Counsel are directed to be present with their clients or representatives thereof with full settlement authority. No later than three business days before the conference, each party shall submit (by mail, hand delivery or email addressed to ______ ) a brief memorandum marked "Confidential - Not for Docketing" addressing the party's position on the merits of the case and on settlement. If you use a standard form settlement agreement, please bring a copy with you. If you believe the case is not ripe for mediation at this time, please notify opposing counsel and the court as soon as possible.
  • JGD Q35: If you have any particular practices or preferences in regard to conducting a mediation, please describe them here.
  • JGD A35: I generally do not have opening statements. I meet with each counsel individually before hand without clients to review the dynamics of the case and significant issues. I meet with everyone to review the rules and to introduce myself. I then divide the parties into separate rooms and do shuttle diplomacy.
  • JGD Q36: Do you require the party/parties to be present or available during a mediation?
  • JGD A36: Yes, a party with decision making authority must be present, with prior permission, on occasion I allow the decision maker to be available by phone.

    Criminal Matters

  • JGD Q37: Other than the requirements under Local Rule 116.5, what, if any, practices do you have in regard to status conferences in criminal cases?
  • JGD A37: Nothing significant.
  • JGD Q38: Typically, at what point, will you refer a criminal case back to the district judge?
  • JGD A38: When discovery is complete or it appears that it will be completed without the need for my further involvement.
  • JGD Q39: Do you have any particular practices as to scheduling in criminal cases? If so, please describe them.
  • JGD A39: I usually hold status conferences within 1 month, but there are exceptions.
  • General Trial Practice - Pretrial Matters

  • JGD Q40: Do you require the filing of a trial brief?
  • JGD A40: Yes, In accordance with the local rules.
  • JGD Q41: If you do not require the filing of a trial brief, under what circumstances do you think it would be helpful to the Court?
  • JGD A41: Respondent skipped this question
  • JGD Q42: Do you typically hold an initial pretrial conference in civil cases?
  • JGD A42: Yes, In accordance with the local rules.
  • JGD 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?
  • JGD A43: I set the dates when I set the trial date. Depending on how complicated the issues are, the pleadings are usually due 1- 2 weeks before trial.
  • JGD 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.)? Describe your practice.
  • JGD A44: If I want a courtesy copy I will request one. I have no special requirements.
  • JGD Q45: Do you set a page limit for motions in limine? If so, what is it?
  • JGD A45: No.
  • JGD Q46: Do you typically hear motions in limine at the final pretrial conference?
  • JGD A46: It is expected that motions in limine will be heard at the final pretrial conference unless other arrangements have been made.
  • JGD Q47: Do you typically resolve motions in limine at the final pretrial conference?
  • JGD A47: I try and resolve them as early as possible. Depends on the complexity of the issue, and the importance of the motion to the scope of the trial.
  • JGD Q48: Do you typically hear and/or resolve Daubert motions at the final pretrial conference?
  • JGD A48: I prefer to address Daubert motions as early as possible.
  • JGD Q49: Do you require the parties to provide a courtesy copy of trial exhibits to the Court before trial?
  • JGD A49: Yes.
  • JGD Q50: If courtesy copies of trial exhibits are required, when do you require them?
  • JGD A50: If they are disputed, they should be filed with the appropriate motion. Otherwise they can be provided at trial.
  • JGD Q51: If courtesy copies of trial exhibits are required, what particular form is required?
  • JGD A51: I don't have any special requirements. I generally prefer at least one hard copy of exhibits.
  • JGD Q52: Do you require trial exhibits to be pre-marked? If so, please describe your practice.
  • JGD A52: Yes, This varies with the case. I expect the parties to try and agree to the appropriate numbering scheme.
  • General Trial Practice - Scheduling Trials

  • JGD Q53: Typically, when do you set a trial date in civil cases?
  • JGD A53: At the conclusion of discovery or after summary judgment, if appropriate. I can usually schedule a trial within a few months.
  • JGD Q54: What is your typical trial schedule?
  • JGD A54: For shorter trials 10-4. For longer trials 9:30 -1:00.
  • JGD Q55: 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?
  • JGD A55: No.
  • General Trial Practice - Jury Selection

  • JGD Q56: Please describe your jury selection process.
  • JGD A56: I generally ask all the questions to the venire. At the end, anyone who answered yes to any questions comes to side bar individually and is questioned further by me, with input from counsel.
  • JGD Q57: Under what circumstances, if any, have you or would you consider using a juror questionnaire?
  • JGD A57: I have never used one.
  • JGD Q58: If you would consider the use of a jury questionnaire, when and in what form should it be proposed?
  • JGD A58: If counsel asked, I would consider it.
  • JGD Q59: Have you or would you consider allowing attorney voir dire?
  • JGD A59: Yes, To date I have not allwed attorney voir dire, but would consider it if counsel asked.
  • JGD Q60: In civil trials, typically what number of jurors do you seat?
  • JGD A60: 9
  • General Trial Practice - Trial Practices

  • JGD Q61: Do you require counsel to use the podium during openings, examination of witnesses and/or closings?
  • JGD A61: No.
  • JGD Q62: How many rounds of examination do you typically allow?
  • JGD A62: Direct & Cross, Redirect, Recross
  • JGD Q63: Under what, if any, circumstances, will you allow a rebuttal case?
  • JGD A63: If it made sense legally, I would consider letting evidence go in through a rebuttal case.
  • JGD Q64: Do you have any preferences about the use of chalks during openings and closings?
  • JGD A64: They are fine as long as they are pre-approved by opposing counsel.
  • JGD Q65: Do you have any particular practice in regard to jury charge conferences? If so, please describe it.
  • JGD A65: I review the charge item by item with counsel.
  • JGD Q66: Do you provide a written copy of your jury charge to the jury?
  • JGD A66: If requested and after consultation with counsel.
  • JGD Q67: Will you consider counsel's proposals of a special verdict form? If so, should it be in any particular format?
  • JGD A67: I appreciate proposals of special verdict forms. They do not need to be in any particular format.
  • JGD Q68: 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.
  • JGD A68: I work with counsel to address the needs of each case, and am willing to consider alternative approaches.
  • JGD Q69: If you have any particular practices as to bench trials, please describe them.
  • JGD A69: I appreciate an opening and a closing. Closings are sometimes deferred until after findings and rulings are submitted. Depending on the length of the trial, I may not require detailed proposed findings and rulings before trial.
  • Standing Orders & Miscellaneous Matters

  • JGD Q70: If your session has any standing orders, please attach them here.
  • JGD A70: Respondent skipped this question.
  • JGD Q71: Order #2
  • JGD A71: Respondent skipped this question.
  • JGD Q72: Order #3
  • JGD A72: Respondent skipped this question.
  • JGD Q73: 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.
  • JGD A73: Feel free to make suggestions/proposals to insure that cases run smoothly. I am also starting to work with counsel more to determine what form discovery motions should take - i.e. is full briefing needed, telephone conferences, etc. I also encourage less experienced attorneys to participate in court proceedings. This is particularly true in discovery hearings where associates generally have more knowledge of the relevant facts.

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