Judge David H. Hennessy

Federal Judicial Service

Magistrate Judge, U.S. District Court, District of Massachusetts. Chief Magistrate Judge, 2017-2020.

First appointed to the Court May 6, 2013.

Education

State University of New York, B.A., 1978
Fordham University School of Law, JD., 1985

Courthouse

Worcester Courthouse

Harold D. Donohue Federal Building and U.S. Courthouse
595 Main Street
Worcester, Massachusetts 01608

Courtroom

Courtroom 1

Harold D. Donohue Federal Building and U.S. Courthouse - Worcester, MA
Harold D. Donohue Federal Building and U.S. Courthouse - Worcester, MA
Courtroom Technology

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Staff
Courtroom Clerk Dawn King 508-929-9905 dawn_king@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: No.

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

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 ask about interest in the court sponsored mediation program at every conference with the parties.

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

A5: I typically do not set a trial date at the initial scheduling conference.

Q6: What schedule do you set at the initial scheduling conference?
A6: Fact and expert discovery.

Q7: After the initial scheduling conference, do you hold status conferences?
A7: Yes.

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

A8: At close of discovery.

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

A9: Status of discovery, mediation, trial schedule.

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: Number of estimated depositions, whether expert discovery will be needed.

Q11: What, if any, issues related to electronically stored information should counsel be prepared to address at the initial scheduling conference?
A11: N/A

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.

Q13: Under what circumstances would you consider a bifurcation of discovery ?
A13: When there is a Monell Claim.

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: Parties should be prepared to explain why the length of the discovery period that they request is necessary.

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: If the 7.1 or 37.1 certification is not included in the motion, I will deny the motion without prejudice as a matter of course.

Q16: Do you typically hold hearing on discovery motions?

A16: Only if the matter requires it.

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

A17: Following submission of briefs, I will determine whether the motion requires a hearing.

Q18: Under what circumstances will you consider emergency motions regarding discovery matters?
A18: If it is a true emergency.

Q19: Do you have any particular practices or requirements about expert disclosures?
A19: The expert discovery schedule is set forth in the initial scheduling order.

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: A date for the parties' experts to be designated and deposed. I do not set a schedule for the filing of Daubert motions at the initial scheduling conference.

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 more likely to hold hearings on motions rather than rule on the papers. I will also generate written orders rather than electronic orders.

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: I prefer that the statement of material facts accompanying a motion for summary judgment be filed as a separate document with each fact numbered separately.

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: Only upon motion by the party and only when necessary to address specific points in the response.

Q25: If you allow reply and/or surreply briefs, do you impose a page limit?
A25: No.

Q26: Do you typically hold a hearing on motions to dismiss?
A26: If the motion requires.

Q27: Do you typically hold a hearing on summary judgment motions?
A27: If the motion requires.

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

A28: I do not impose time limits but I expect the parties to be mindful of the court's time in preparing their arguments.

Q29: Under what, if any, circumstances, would you allow the filing of post-argument briefs?
A29: If needed to address a previously undiscussed issue raised in the hearing.

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: No.

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: No.

Civil Mediation

Q33: If you have any particular practices or preferences in regard to submissions before a mediation, please describe them.
A33: I require confidential mediation statements from the parties five business days prior to a mediation. The statement should be no more than four pages, and address with candor the following points: 1. A brief analysis of the key issues involved in the litigation, including a specific breakdown of the claimed damages. 2. A description of the strongest and weakest legal and factual points in the party's case. 3. A description of the strongest and weakest legal and factual points in the opponent's case. 4. The status of settlement negotiations, including the last settlement proposal made by each side. In this regard, counsel are directed to confer with their clients in advance of the mediation conference to explore the party’s settlement position, and the parties are encouraged to exchange settlement proposals prior to the conference. 5. The settlement proposal that the party believes would be fair.

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

A34: Counsel are directed to be present with their respective clients or representatives thereof without limitation on their authority to negotiate and commit to settlement terms that, in their discretion, may be acceptable. It shall be understood that all parties and counsel will participate in the conference in good faith and with the interest of settling the matter on mutually acceptable terms. It shall also be understood that all parties, counsel, and other persons who participate will keep confidential all communications exchanged during the conference.

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

A35: I typically do not invite opening statements. I meet with the parties separately and will not discuss those private statements unless authorized.

Q36: Do you require the party/parties to be present or available during a mediation?
A36: A party with decision making authority must be present. Any deviations from that requirement must be requested well in advance of the 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: Parties' estimate of when case can be transferred to the District Judge. Any requirements for trial or plea (i.e. interpreters/ digital equipment). Parties' position on speedy trial.

Q38: Typically, at what point, will you refer a criminal case back to the district judge?
A38: When defendant request trial or plea.

Q39: Do you have any particular practices as to scheduling in criminal cases? If so, please describe them.
A39: I allow parties to appear for status conferences by phone. I cancel status conferences if the parties submit a joint memo that addresses the Local Rule and they agree on excluding the time.

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: No.

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:The deadline for filing these items is typically one week prior to the pretrial conference.

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: No.

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

A45: No.

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.

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: Yes. Agreed upon exhibits marked sequentially by number. Exhibits not agreed upon, marked for identification alphabetically.

General Trial Practice - Scheduling Trials

Q53: Typically, when do you set a trial date in civil cases?
A53: At a status conference following discovery.

Q54: What is your typical trial schedule?

A54: Monday through Friday 9-1.

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: 8

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.