Judge Myong J. Joun

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?

A1: Yes, I have the clerk issue a "Notice of Scheduling Conference" in advance of the conference that includes a template for a scheduling order. See response to Q2 below. Absent special circumstances, the schedule proposed by the parties should endeavor to have the case ready for trial within 1 year of the initial scheduling conference.

Q2: If you have a specific scheduling order, please attach your order.

A2: Notice of Scheduling Conference

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)?

A3: No.

Q4: What, if any, inquiries do you make about settlement prospects and/or interest in mediation at the initial scheduling conference?

A4: I expect that the plaintiff has made a settlement demand and that the defendant has responded to that demand by the time of the initial scheduling conference. I will inquire about the parties' interest in being referred to a magistrate judge for mediation. I advise the parties that I will refer the case only if both sides agree. If mediation is premature at the time of the scheduling conference, I will let the parties know that they should continue to assess potential settlement, and if the parties believe they might benefit from mediation, to email my Courtroom Deputy and we will make the referral.

Q5: What, if any inquiries do you make about the liklihood of trial at the initial scheduling conference?

A5: I generally do not inquire at the initial scheduling conference. I will usually set a firm trial date at a status conference around the time discovery ends.

Q6: What schedule do you set at the initial scheduling conference?

A6: I set a discovery schedule, both fact and expert, amendment of the pleadings, a deadline for the filing of dispositive motions, and further status conferences.

Q7: After the initial scheduling conference, do you hold status conferences?

A7: Yes.

Q8: If so, when do you hold status conferences?

A8: Typically, I will hold a status conference at or near the close of fact discovery. However, if the parties get bogged down in discovery disputes, I will set frequent status conferences to ensure the case is moving. If the parties believe additional status conferences will be helpful for case management, just ask.

Q9: If so, what issues do you address at status conferences?

A9: Any outstanding discovery issues and overall progress of the case. At or near the end of fact discovery, whether the parties still anticipate expert discovery and filing of summary judgment motions. I will set a firm trial date at this time. I will also inquire about any settlement discussions and whether the parties would like a referral to mediation prior to expert discovery and summary judgment.

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?

A10: Any issues specifically presented by the circumstances of the case including, whether discovery should be sequenced or bifurcated in some way. However, please know that this is not my preference as I think it leads to inefficiencies, especially if the issues are related or they overlap.

Q11: What, if any, issues related to electronically stored information should counsel be prepared to address at the initial scheduling conference?

A11: The parties should have discussed the issue with each other. If they have any particular proposal as to ESI, they should include it in their joint statement.

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?

A12: I do not, but it is helpful if counsel alert the court at the initial scheduling conference if they intend to file a proposed order.

Q13: Under what circumstances would you consider a bifurcation of discovery?

A13: I will consider a proposal to bifurcate discovery if the parties explain why it is warranted.

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?

A14: I will address the scope of the discovery at the scheduling conference if the parties identify a particular issue to discuss in this regard.

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?

A15: I expect that the parties will work cooperatively during discovery and that they will be able to work through most issues on their own. But if, after a meet and confer, they are not able to resolve an issue, I encourage the parties to jointly summarize the issue (1-2 pages) and email it to my Courtroom Deputy and request a Zoom conference.

Q16: Typically, do you resolve discovery motions or do you refer them to the magistrate judge?

A16: I typically resolve them myself.

Q17: Do you typically hold a hearing on discovery?

A17: It depends on the case and the issue involved.

Q18: Please describe your general practice regarding the resolution of discovery motions.

A18: See my responses to Q15-Q17 above.

Q19: Under what circumstances will you consider emergency motions regarding discovery matters?

A19: As a general matter, I discourage such motions by urging counsel to communicate with one another and to bring disputes to my attention as soon as possible for resolution in a manner that will not disrupt the existing scheduling deadlines. I will not consider emergencies of the parties’ own making.

Q20: Do you have any particular practices or requirements about expert disclosures?

A20: Nothing particular beyond what is required under the rules.

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?

A21: I usually set a deadline for the completion of expert discovery at the initial scheduling conference. However, I will revisit this at the status conference at or close to the end of fact discovery, and will also set a deadline for the filing of Daubert motions well before trial. If Daubert motions need to be resolved before or in connection with summary judgment motions, I expect the parties to meet and confer, and file a joint statement which will include whether evidentiary hearings will be necessary, and if so, the anticipated time for each hearing, and a proposed schedule for hearings on the Daubert motions and for summary judgment.

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?

A22: I do not have any different practice, other than to inform the pro se litigant of what is expected of him/her and to direct the pro se litigant to resources at Representing Yourself - Pro Se | United States District Court for the District of Massachusetts. Otherwise, I expect pro se parties to attempt to comply with the relevant rules and procedures. Upon motion, I will consider relieving the parties of the obligation to confer before filing motions.

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?

A23: Yes, see my Standing Order on Motions Practice.

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?

A24: Yes, see my Standing Order on Motions Practice

Q25: Do you typically allow reply briefs and/or surreply briefs?

A25: Yes, see my Standing Order on Motions Practice

Q26: If you allow reply and/or surreply briefs, do you impose a page limit?

A26: I allow reply briefs without advance leave of court. However, parties must seek leave of court if they wish to file surreply briefs. See my Standing Order on Motions Practice.

Q27: Do you typically hold a hearing on motions to dismiss?

A27: Yes, unless the issues are pretty straightforward, and a hearing will not assist me.

Q28: Do you typically hold a hearing on summary judgment motions?

A28: Yes.

Q29: If you typically hold hearings on dispositive motions, what, if any, time limits do you impose on counsel for their arguments?

A29: I have no general rule imposing time limits, but in the usual case, I find that 20-25 minutes per side is sufficient. In the more complex cases, I expect the parties to propose a schedule/plan.

Q30: Under what, if any, circumstances, would you allow the filing of post-argument briefs?

A30: If I explicitly request further briefing on something during or after argument, or if counsel requests permission to make a supplemental filing and I believe it would be helpful.

Q31: Do you have any standing order and/or any particular practice regarding the management of patent cases? If so, please describe them.

A31: No.

Q32: If applicable, please upload your standing order regarding the management of patent cases.

A32: Respondent skipped this question.

Q33: Do you have particular practice about Markman hearings? If so, please describe them including but not limited to whether you allow tutorial(s).

A33: I confer with counsel about the amount of time that they anticipate needing for the hearing and schedule accordingly. I encourage tutorials. If counsel intends to make a PowerPoint presentation, I ask that they bring hard copies of the slides for me and for my law clerk.

Q34: Do you handle matters regarding discovery in criminal cases?

A34: Generally, no.

Q35: Do you have any particular practices as to scheduling in criminal cases? If so, please describe them.

A35: I generally enter a pretrial scheduling order upon establishing the trial date. Please see my general criminal scheduling order

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?

A36: It depends on the circumstances presented but I typically refer the matter back to the magistrate judge.

Q37: Do you typically hold a hearing on motions for review of a detention order?

A37: Yes.

Q38: Do you have any particular practices regarding the filing of suppression motions or hearings on suppression motions?

A38: I do not have any particular practice, other than once the motion is ripe, I schedule it for hearing as soon as my court calendar can allow.

Q39: Do you require the filing of a trial brief?

A39: Yes, in both civil and criminal cases. See my orders setting case for trial.

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?

A40: Respondent skipped this question.

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)?

A41: Yes. Counsel should expect to address the topics listed in the Local Rule, as well as any other specific issues or disputes they believe may be raised by the circumstances of the case and require the Court's attention, and should have conferred about a trial date before the conference.

Q42: Do you typically hold an initial pretrial conference in civil cases?

A42: Usually no. Typically, at the status conference at or close to the end of fact discovery, I will set a firm trial date. A final pretrial conference will also be set (about 10 days before the Monday trial date) at that time.

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?

A43: I typically set these deadlines when I set the trial date. The deadline for filing motions in limine is typically 2 weeks before trial and the deadline for filing oppositions to these motions, along with witness and exhibit lists, proposed voir dire and jury instructions is typically a week before trial.

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.)?

A44: No, nothing in addition to the ECF filing.

Q45: Do you set a page limit for motions in limine? If so, what is it?

A45: Yes, sometimes. Brevity is a virtue in such motions.

Q46: Do you typically hear motions in limine at the final pretrial conference?

A46: Yes.

Q47: Do you typically resolve motions in limine at the final pretrial conference?

A47: Yes, but it depends on how many motions are filed and how complex the issues raised are. If I am unable to resolve it then, I try to share my inclinations with counsel at the final pretrial conference and reserve final ruling until I hear the relevant evidence at trial.

Q48: Do you typically hear and/or resolve Daubert motions at the final pretrial conference?

A48: No, I generally resolve such motions as far in advance of trial as is practicable.

Q49: Do you require the parties to provide a courtesy copy of trial exhibits to the Court before trial?

A49: Yes.

Q50: If courtesy copies of trial exhibits are required, when do you require them?

A50: Although I do not require advance submission of exhibits, I do expect the parties to provide two court copies (one for me, and one for my law clerk) at the start of trial, before opening statements.

Q51: If courtesy copies of trial exhibits are required, what particular form is required?

A51: In tabbed binders. All agreed-to exhibits should be in one binder and all disputed exhibits in another. Each should have a TOC list. See my Order Setting Trial.

Q52: Do you require trial exhibits to be pre-marked? If so, please describe your practice?

A52: Yes, all agreed-to exhibits should be pre-marked with numbers. Prior to opening statements, I will admit all such exhibits into evidence.

All disputed exhibits should be pre-marked with letters. With disputed exhibits, I also require counsel to provide a joint chart that indicates the basis for the objection to each exhibit with the proponent's response to same.

Q53: Typically, when do you set a trial date in criminal cases?

A53: Typically at the initial pretrial conference after the case is returned to me from the magistrate judge. But in complex or multi-defendant cases, I will set the trial date before the initial pretrial if requested by the parties.

Q54: Typically, when do you set a trial date in civil cases?

A54: At the status conference at or near the time of completion of fact discovery.

Q55: What is your typical trial schedule?

A55: My typical trial schedule is as follows: On the first day of trial, for jury selection, we will go all day if necessary. My goal is to have a jury and counsel to give opening statements on the first day. After that, subsequent trial days will usually be 9 am to 1 pm. I may, however, schedule some trials for full days 9 am to 4 pm, or some combination of half days and full days, depending on the case and my schedule. I will discuss with counsel and set the exact schedule at the final pretrial conference.

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?

A56: I typically set a time limit for the total presentation of the case including openings, all examinations, and closings. I confer with counsel about what time they seek and then set the time limits.

Q57: Please describe your jury selection process.

A57: I ask voir dire of all of the panel members together and note the affirmative answers. I will then call each juror individually regardless of whether they answered any question affirmatively at sidebar with counsel for follow-up questions and/or motion to strike for cause. Once we have the required number of jurors (including enough to cover the number of all peremptory challenges), I will seat the jurors in the box. The parties will exercise their peremptory challenges in alternating rounds (plaintiff/government first in first round; defendant first in second round, etc.) until challenges are exhausted or the parties are satisfied. I do not allow back-strikes. I seat 8 jurors (in numerical order) for civil trials and 14 jurors (in numerical order) for criminal cases.

Q58: Under what circumstances, if any, have you or would you consider using a juror questionnaire?

A58: Only in extraordinarily complex cases, or in which there has been much pretrial publicity, or it otherwise might be difficult to empanel a jury.

Q59: If you would consider the use of a jury questionnaire, when and in what form should it be proposed?

A59: Parties should propose it for discussion at the final pretrial conference.

Q60: Have you or would you consider allowing attorney voir dire?

A60: I have not. I allow attorney questioning of individual potential jurors at sidebar. See my response to Q57 above.

Q61: In civil trials, typically what number of jurors do you seat?

A61: I typically seat 8 jurors in civil trials. If the trial is expected to be lengthy, I might seat additional jurors.

Q62: In criminal trials, typically how many alternate jurors do you seat?

A62: I typically seat 2 alternate jurors. If the trial is expected to be lengthy, I might seat additional alternate jurors.

Q63: Do you require counsel to use the podium during openings, examination of witnesses and/or closings?

A63: Yes, for witness examination. Counsel may, but is not required to, use a podium during openings and closings. If redirect or recross is short, I will allow counsel to ask the questions from counsel table.

Q64: How many rounds of examination do you typically allow?

A64: Direct and Cross, Redirect and Recross.

Q65: Under what, if any, circumstances, will you allow a rebuttal case?

A65: I only allow a rebuttal case on the rare instance that counsel could not have reasonably anticipated an issue arising during the defense case. If permitted, it would be strictly limited in scope to evidence responding directly to the defense case.

Q66: Do you have any preferences about the use of chalks during openings and closings?

A66: Only that they be disclosed to opposing counsel sufficiently in advance of their use such that any objections can be raised, or corrections made, without delaying the proceedings.

Q67: Do you have any particular practice in regard to jury charge conferences? If so, please describe it.

A67: Typically, I provide a draft of my charge and verdict form to counsel before the conference so that they can respond to the draft and register any objections and propose changes at the conference.

Q68: Do you provide a written copy of your jury charge to the jury?

A68: Yes, typically delivered to the deliberation room. In the unusually long charge, I provide a written copy in the box so that they can follow along while I verbally give the charge.

Q69: Will you consider counsel's proposals of a special verdict form? If so, should it be in any particular format?

A69: Yes, I will consider counsel's proposal. I do not require any particular format.

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.

A70: If the same witness will be called by both parties at trial, I encourage the lawyers to consider and discuss with one another whether all of the witness's testimony can be elicited when they are called by the first party, so that the witness need appear only once rather than returning to be recalled at a later point in the trial.

Q71: If you have any particular practices as to bench trials, please describe them.

A71: I sometimes schedule bench trials to last full days (instead of half days, as I do for jury trials), or I sometimes schedule bench trials for afternoons (after jury trials and other hearings have occurred in the morning). I require counsel to file proposed findings of fact and conclusions of law.

Q72: Do you require a sentencing memorandum in every case?

A72: Yes. Sentencing memorandum should be filed 2 weeks before the sentencing date and any response 1 week thereafter.

Q73: If you do not require a sentencing memorandum in every case, when would it be helpful to you?

A73: Respondent skipped this question.

Q74: Under what, if any, circumstances, would you consider an expedited sentencing?

A74: If a defendant would potentially be serving "dead time" if the typical 12-14 weeks to sentencing were allowed from the plea or trial.

Q75: Do you have any particular practices regarding the presentation of victim impact statements at sentencing?

A75: No, except that I have victims use the podium to give their statement and that the victims address the Court when doing so.

Q76: Under what, if any circumstances, would you consider the postponement of a sentencing hearing?

A76: For specified, compelling reasons and then only if for a defined period of time.

Q77: Do you have any particular practices as to revocation matters?

A77: No, but counsel must inform the Courtroom Deputy ahead of the hearing about whether there will be a need for an evidentiary hearing and the anticipated length of the hearing needed.

Q78: If your session has any standing orders, please attach them here.

A78: See the Standing Orders section.

Q79: Order #2

A79: See the Standing Orders section.

Q80: Order #3

A80: See the Standing Orders section.

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.

A81: Before a trial or evidentiary hearing, if you are not familiar with the courtroom layout or technology available, counsel should contact my Courtroom Deputy to come in the week before trial and see the setup and preview any technical issues.

Q82: As of Fall 2022, are there any case events that you routinely conduct via Zoom in civil cases? If so, what are they?

A82: In civil cases, I conduct most scheduling and status conferences via Zoom, unless the parties notify my Courtroom Deputy ahead of time that they would prefer an in-person conference. This seems to be convenient to counsel particularly for these short(er) appearances and for out-of-town counsel.

Q83: As of Fall 2022, are there any case events that you routinely conduct via Zoom in criminal cases? If so, what are they?

A83: In criminal cases, I will hold status conferences via Zoom if requested by counsel.

Q84: As of Fall 2022, if there are case events that you routinely conduct in person that you would consider conducting via Zoom, what are those case events and under what circumstances would you consider conducting them via Zoom?

A84: See my responses to Q82 and Q83. Additionally, though I prefer to hold all other proceedings in person, I would consider holding any non-evidentiary motion hearing or pretrial conference via Zoom upon request, if the request is made for a good reason.

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