Judge Paul G. Levenson

Federal Judicial Service

Magistrate Judge, U.S. District Court, District of Massachusetts.

Sworn in on May 27, 2022.

Education

Harvard College, B.A., 1979
Harvard Law School, J.D., 1984

Courthouse

Boston Courthouse

John Joseph Moakley U.S. Courthouse
1 Courthouse Way, Suite 2300
Boston, Massachusetts 02210

Courtroom

25, 7th floor

John J. Moakley Federal Courthouse - Boston, MA
John J. Moakley Federal Courthouse - Boston, MA
Courtroom Technology

Contact the courtroom clerk regarding the use of technology in the courtroom. View our courtroom technology page for more information on the technology that is available.

Internet access is available upon request and with the consent of the presiding Judge. Click here for more information.

Staff
Courtroom / Docket Clerk Rose Dumoulin 617-748-9814 rose_dumoulin@mad.uscourts.gov
USDC Judicial Forum Survey

Civil - Case Management

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: I have a standard order that I send out in most cases, which includes a template for scheduling. It generally follows the contour of LR 16.1.

Q2: If you have a specific scheduling order, please attach your order.
A2: Respondent skipped this question.

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 generally seek the parties' views about whether, and when, mediation or other efforts to explore settlement may be of use.

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

A5: My inquiries vary, depending on the nature of the case.

Q6: What schedule do you set at the initial scheduling conference?
A6: I have a standard blank scheduling order that I provide to the parties when setting the initial scheduling conference.

Q7: After the initial scheduling conference, do you hold status conferences?
A7: It depends on the case. It often makes sense to touch base with the parties after fact discovery, before large expenditures for expert witnesses.

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

A8: See above.

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

A9: See above.

Civil - Discovery

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: Counsel should be prepared to tailor their discussion of discovery to the circumstances of the case. In some instances. For example, if there are potentially dispositive issues that can be raised "up front" at minimal cost, it may make sense to delay or stagger discovery.

Q11: What, if any, issues related to electronically stored information should counsel be prepared to address at the initial scheduling conference?
A11: Whenever there is a signifiicant amount of ESI, counsel should have a plan for addressing the issue. This is especially the case when there are substantial disparities in the parties' respective capacities for handling ESI.

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: No special format. Parties should, however, be careful to note the distinction between protective orders that limit use/disclosure during discovery, and orders that purport to limit the use/disclosure of materials submitted to the Court for substantive purposes.

Q13: Under what circumstances would you consider a bifurcation of discovery ?
A13: See above.

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: This will vary, depending on the type of case. Parties should be prepared to address the issue.

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: N/A.

Q16: Do you typically hold hearing on discovery motions?

A16: I hold hearings on discovery if I have open-questions after reviewing the parties' submissions.

Q17: Please describe your general practice regarding the resolution of disovery motions.

A17: When the parties are reasonably collegial, I will explore whether there are over-arching principles that -- if adopted by the Court -- will enable the parties to complete the line-drawing process on their own.

Q18: Under what circumstances will you consider emergency motions regarding discovery matters/

A18: I have invited parties to contact my Courtroom deputy to arrange a brief telephone or zoom hearing to resolve issues that might otherwise create a bottleneck in completing discovery.

Q19: Do you have any particular practices or requirements about expert disclosures?
A19: N/A.

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?
A20: I invite the parties to propose expert discovery deadlines at the outset.

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?
A21: I am somewhat less likely to schedule argument on purely legal issues with a pro se litigant.

Civil - Dispositive Motions

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?
A22: No.

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?
A23: No.

Q24: Do you typically allow reply briefs and/or surreply briefs?
A24: Yes, Reply Briefs: 12 pages maximum, 7 days after opposition.
Surreply: I will entertain a motion for leave to file, which should attach the proposed submission.

Q25: If you allow reply and/or surreply briefs, do you impose a page limit?
A25: See above..

Q26: Do you typically hold a hearing on motions to dismiss?
A26: Usually.

Q27: Do you typically hold a hearing on summary judgment motions?
A27: Respondent skipped this question.

Q28: If you typically hold hearings on dispositive motions, what, if any, time limits do you impose on counsel for their arguments?

A28: I am generally seeking answers to specific questions arising from the papers.

Q29: Under what, if any, circumstances, would you allow the filing of post-argument briefs?
A29: When I have open questions that need follow up, I will ask for supplemental briefing.

Civil - Patent Cases

Q30: Do you have any standing order and/or any particular practice regarding the management of patent cases? If so, please describe them.

A30: Not yet.

Q31: If applicable, please upload your standing order regarding the management of patent cases.
A31: Respondent skipped this question

Q32: Do you have particular practice about Markman hearings? If so, please describe them including but not limited to whether you allow tutorial(s).
A32: Respondent skipped this question

Civil Mediation

Q33: If you have any particular practices or preferences in regard to submissions before a mediation, please describe them.

A33:I have a standard pre-mediation order which prescribes the submissions I expect. Parties should read the order carefully and comply with all parts of the order.

Q34: Do you have a standard pre-mediation order for the parties? If so, please attach it here.

Q35: If you have any particular practices or preferences in regard to conducting a mediation, please describe them here.

A35: Respondent skipped this question.

Q36: Do you require the party/parties to be present or available during a mediation?
A36: I generally require the parties to be present for mediation.

Criminal Matters

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?
A37: N/A.

Q38: Typically, at what point, will you refer a criminal case back to the district judge?
A38: Respondent skipped this question.

Q39: Do you have any particular practices as to scheduling in criminal cases? If so, please describe them.
A39: I will generally postpone/cancel an interim status conference at the parties' joint request, provided the parties submit a joint status report with a clear update on the progress, and planned next steps, in the matter.

General Trial Practice - Pretrial Matters

Q40: Do you require the filing of a trial brief?

A40: Respondent skipped this question.

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?

A41: Respondent skipped this question.

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

A42: Respondent skipped this question.

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: Respondent skipped this question.

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.,

A44: Respondent skipped this question.

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

A45: Respondent skipped this question.

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

A46: Respondent skipped this question.

Q47: Do you typically resolve motions in limine at the final pretrial conference?
A47: Respondent skipped this question.

Q48: Do you typically hear and/or resolve Daubert motions at the final pretrial conference?
A48: Respondent skipped this question.

Q49: Do you require the parties to provide a courtesy copy of trial exhibits to the Court before trial?
A49: Respondent skipped this question.

Q50: If courtesy copies of trial exhibits are required, when do you require them?
A50: Respondent skipped this question.

Q51: If courtesy copies of trial exhibits are required, what particular form is required?
A51: Respondent skipped this question.

Q52: Do you require trial exhibits to be pre-marked? If so, please describe your practice?
A52: Respondent skipped this question.

General Trial Practice - Scheduling Trials

Q53: Typically, when do you set a trial date in civil cases?
A53: Respondent skipped this question.

Q54: What is your typical trial schedule?

A54: Respondent skipped this question.

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?

A55: Respondent skipped this question.

General Trial Practice - Jury Selection

Q56: Please describe your jury selection process.

A56: Respondent skipped this question.

Q57: Under what circumstances, if any, have you or would you consider using a juror questionnaire?
A57: Respondent skipped this question.

Q58: If you would consider the use of a jury questionnaire, when and in what form should it be proposed?
A58: Respondent skipped this question.

Q59: Have you or would you consider allowing attorney voir dire?
A59: Respondent skipped this question.

Q60: In civil trials, typically what number of jurors do you seat?
A60: Respondent skipped this question.

General Trial Practice - Trial Practices

Q61: Do you require counsel to use the podium during openings, examination of witnesses and/or closings?
A61: Respondent skipped this question.

Q62: How many rounds of examination do you typically allow?
A62: Respondent skipped this question.

Q63: Under what, if any, circumstances, will you allow a rebuttal case?
A63: Respondent skipped this question.

Q64: Do you have any preferences about the use of chalks during openings and closings?
A64: Respondent skipped this question.

Q65: Do you have any particular practice in regard to jury charge conferences? If so, please describe it.
A65: Respondent skipped this question.

Q66: Do you provide a written copy of your jury charge to the jury?
A66: Respondent skipped this question.

Q67: Will you consider counsel's proposals of a special verdict form? If so, should it be in any particular format?
A67: Respondent skipped this question.

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.
A68: Respondent skipped this question.

Q69: If you have any particular practices as to bench trials, please describe them.

A69: Respondent skipped this question.

Standing Orders & Miscellaneous Matters

Q70: If your session has any standing orders, please attach them here.
A70: Respondent skipped this question.

Q71: Order #2

A71: Respondent skipped this question.

Q72: Order #3
A72: Respondent skipped this question.

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.
A73: Respondent skipped this question.

Post-Pandemic Practices

Q74: As of Fall 2022, are there any case events that you routinely conduct via Zoom in civil cases? If so, what are they?
A74: Status Conferences are commonly conducted via Zoom.

Q75: As of Fall 2022, are there any case events that you routinely conduct via Zoom in criminal cases? If so, what are they?
A75: At request of Defendant, an Arraignment for a case in which there was previously an initial appearance may be conducted by Zoom.

Q76: 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?

A76: I will entertain requests for Zoom hearings when either safety or cost considerations warrant.