Judge George A. O'Toole Jr.

Born 1947 in Worcester, MA

Federal Judicial Service

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

Nominated by William J. Clinton on April 4, 1995, to a new seat created by 104 Stat. 5089; Confirmed by the Senate on May 25, 1995, and received commission on May 26, 1995.

Assumed senior status on January 1, 2018.


Boston College, A.B., 1969
Harvard Law School, J.D., 1972


Boston Courthouse

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


22, 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.

Courtroom Clerk John Fleming 617-748-9159 john_fleming@mad.uscourts.gov
Docket Clerk Flaviana DeOliveira 617-748-9178 flaviana_deoliveira@mad.uscourts.gov
Court Reporter Kathleen Silva   kathysilva@verizon.net
Chambers Procedures/Standing Orders/Sample Orders


USDC Judicial Forum Survey

Civil - Case Management

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

A6: Normally I set only the schedule for fact discovery at the initial scheduling conference.

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

A7: Yes, we schedule a future status conference at the initial scheduling conference.

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

A8: Before the end of fact discovery.

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

A9: It depends. We may discuss discovery, whether the case schedule remains as originally set, the possibility of mediation (especially through the court-annexed ADR program), and any pending issues or problems.

Civil - Discovery

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

A11: It depends. Where e-discovery is an issue, parties generally negotiate a mutually agreeable protocol.

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. The only requirement I insist on is that the agreement provide that any amendments to the order once entered must be approved by the court.

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

A13: Bifurcation is not the norm, but it may be appropriate in particular cases. It would depend on the precise circumstances of the case.

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

A16: I do not have a typical practice. I refer some discovery disputes, but I also decide some myself.

Q17: Do you typically hold a hearing on discovery?

A17: No. Not typically. It depends on the issue.

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

A19: “Emergency” discovery disputes should be rare. Accordingly, I do not have any general policy regarding emergency discovery motions. Most discovery disputes can be foreseen and resolved in the normal course.

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

A20: Generally not. I tend to strictly enforce the time periods set forth in Federal Rule of Civil Procedure 26, Federal Rule of Criminal Procedure 16, and Local Rule 116.1.

Civil - Dispositive Motions

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: For motions supported by lengthy memoranda and/or supporting affidavits, etc., I will often ask the parties to submit courtesy paper copies of the materials filed.

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

A26: No. While I do not usually impose a page limit, I do expect the replies and surreplies to be succinct and targeted.

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

A27: Most of the time, but there can be exceptions.

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

A28: Most of the time, but there can be exceptions.

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

A30: It depends. One circumstance could be that a new issue arose in the course of oral argument that was not adequately addressed in the prior briefing.

Civil - Patent Cases

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

A31: I will generally follow the template set forth in the recently adopted Local Rule 16.6, effective as of June 1, 2018.

Criminal Matters

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

A34: Not ordinarily. Discovery issues should be resolved during the pretrial supervision of the case by the magistrate judge.

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

A38: The magistrate judge will set a deadline for the filing of such motions. Scheduling hearings is handled on a case-bycase basis.

General Trial Practice - Pretrial Matters

Criminal - Scheduling Trials

Criminal - Jury Selection

General Trial Practice - Trial Practices

Criminal - Sentencing/Revocation Hearings

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

A72: No. However, I regard sentencing memoranda as useful.

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

A73: It is helpful to understand the parties’ positions and arguments before the sentencing hearing. It permits greater opportunity to reflect on the issues presented in the particular case.

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

A75: The government is responsible for advising the court that victim statements will be offered. Advance notice should be given. Statements may be done in writing or orally. If orally, the victim will make his or her presentation from the podium.

Standing Orders & Miscellaneous Matters

Q79: Order #2

A79: Respondent skipped this question.

Q80: Order #3

A80: Respondent skipped this question.