Judge Gerald A. McHugh
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- 1 copy • Upon Filing
Binding: Tabbed Three Ring
Communication
Chambers
Phone
Chambers
Document Format Requirements2 rules
The quote is in the court's document. The summary is not checked yet.Note?
If counsel posts a scanned copy of a physical brief, that brief should, if possible, be saved in a digital format using Optical Character Recognition software.
Summary: Scanned physical briefs posted to ECF should, if possible, be saved in a digital format using Optical Character Recognition (OCR) software.
Machine summary. Not checked yet.Important?
If, during the course of the Rule 26(f) conference, the parties cannot agree to the format for document production, electronic documents shall be produced to the requesting party as image files (e.g., PDF or TIFF). When the image file is produced, the producing party must preserve the integrity of the electronic document's contents, i.e., the original formatting of the document, its metadata and, where applicable, its revision history. After initial production in image file format is complete, a party must demonstrate particularized need for production of electronic documents in their native format.
Summary: If the parties cannot agree on a production format at the Rule 26(f) conference, electronic documents must be produced as image files (PDF/TIFF) with original formatting, metadata, and revision history preserved; native-format production requires a demonstrated particularized need after initial production is complete.
Document Filing Requirements7 rules
The quote is in the court's document. The summary is not checked yet.Mandatory?
No protective order or confidentiality order will be approved without language providing that "the court reserves its inherent power to modify the terms of this agreement and permit the disclosure of information where the interest of justice so requires."
Summary: No protective order or confidentiality order will be approved unless it contains language reserving the court's inherent power to modify the agreement and permit disclosure where the interest of justice requires.
Document Type
Protective Order
The quote is in the court's document. The summary is not checked yet.Mandatory?
When filing a Motion for Summary Judgment, except for a formal stipulation setting forth facts agreed to in their entirety by all parties, no party shall unilaterally file a "Statement of Undisputed Facts" setting forth its interpretation of the record, or any separate "Statement of Facts" apart from its memorandum of law. All references to the facts must be contained within the party's memorandum and cite to the record. Failure to abide by this instruction may result in the motion being denied or a filing being stricken.
Summary: Except for formal stipulations of fully agreed facts, parties may not file a separate Statement of Undisputed Facts or Statement of Facts with a summary judgment motion; all fact references must be in the memorandum with record citations, failing which the motion may be denied or the filing stricken.
Document Type
Motion For Summary Judgment
The quote is in the court's document. The summary is not checked yet.Important?
The Rule 26(f) Report should attach critical documents for review by the Court (e.g., in a contract case, the document(s) comprising the contract; in a personal injury case, photographs of the scene, etc.).
Summary: The Rule 26(f) Report should attach critical documents for the Court's review, such as the contract in a contract case or photographs of the scene in a personal injury case.
Document Type
Rule 26f Report
The quote is in the court's document. The summary is not checked yet.Important?
In all motions and pleadings, references to other documents on the docket, e.g. "Plaintiff's Second Amended Complaint," should identify those documents by their ECF number to facilitate retrieval.
Summary: Motions and pleadings should identify referenced docket documents by their ECF numbers to facilitate retrieval.
Document Type
Motions And Pleadings
The quote is in the court's document. The summary is not checked yet.Important?
Each document filed as an exhibit on ECF must be filed as a separately numbered attachment to the main document and must be clearly titled with an objective description of the document (e.g., 6/14/19 Deposition of John Doe; 10/14/21 Letter from Smith to Jones; 3/15/20-3/23/20 Email Thread between Doe and Roe) so that the nature of the exhibit and its relevance are clearly discernible without the need to open the file.
Summary: Each ECF exhibit must be filed as a separately numbered attachment to the main document and clearly titled with an objective description so its nature and relevance are discernible without opening the file.
Document Type
Exhibit
The quote is in the court's document. The summary is not checked yet.Important?
Joint or unopposed motions should be clearly identified as such in the title of the pleading, so that they can be given expedited consideration.
Summary: Joint or unopposed motions must be clearly identified as such in the title of the pleading to receive expedited consideration.
Document Type
Joint Or Unopposed Motion
The quote is in the court's document. The summary is not checked yet.Important?
All filings must also separately include an index providing the above information. See Local Rule 5.1.2-5(b).
Summary: All filings must separately include an index providing objective descriptions of the exhibits, per Local Rule 5.1.2-5(b).
Document Type
All Filings
Filing & Service rules
Electronic Filing Rules
Communications addressing substantive issues must also be filed on ECF, and advocacy during ex parte contacts with the judge's staff is prohibited.
Any communication addressing a substantive issue should also be filed on ECF, and it should be self-evident that no counsel should seek to engage in advocacy during any ex parte contact with any member of the judge's staff.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | Communication with Chambers
In removed cases, motions pending in state court must be separately docketed in this Court, and any motion not docketed in this Court is deemed withdrawn.
If there is a pending motion in state court, the moving party shall separately docket the motion in this Court. 28 U.S.C. § 1447(c). Any motion not docketed in this Court shall be deemed withdrawn.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 4 | Removed Cases
Counsel are encouraged (not required) to post searchable versions of their briefs to ECF.
Counsel are encouraged to post searchable versions of their briefs to ECF.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 3 | Motions Practice
Courtesy Copy Requirements
Filings accompanied by more than three exhibits require a physical courtesy copy to Chambers, three-hole punched with all exhibits individually tabbed and labeled.
If the number of exhibits accompanying a filing exceeds three, counsel must submit a physical courtesy copy to Chambers. The courtesy copy must be three-hole punched and include all exhibits individually tabbed and labeled.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 4 | Motions Practice
Pre-Motion Conference Requirements
Parties must meet and confer in good faith before submitting a discovery dispute, and discovery disputes must be filed as a motion rather than submitted by letter.
Judge McHugh expects the parties to have met and conferred in good faith before submitting a discovery dispute. He no longer permits counsel to submit such disputes by letter; a motion must be filed.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 2 | Discovery Matters
Adjournment & Extension Requirements
Counsel may agree to extend filing or discovery deadlines that will not delay trial or arbitration by emailing a Stipulation to Chambers citing these Guidelines; extensions require court approval and will be honored unless patently unreasonable.
Counsel may agree to extend any filing or discovery deadline that will not delay the scheduling of trial or arbitration hearings. Routine extensions as a courtesy to opposing counsel, particularly at the outset of a case, are encouraged but do require court approval. If counsel agree to extend a specific deadline, they should email a Stipulation to Chambers and cite these Guidelines. Such Stipulations will be honored unless they are patently unreasonable and interfere with the orderly progress of the case.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | Extensions of time
Chambers Communication Rules
Stipulations requiring court approval must be emailed to Chambers at Chambers_of_Judge_Gerald_McHugh@paed.uscourts.gov.
Any Stipulation that requires court approval is to be emailed to Chambers at: Chambers_of_Judge_Gerald_McHugh@paed.uscourts.gov.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | Extensions of time
Stipulations for protective order must be emailed to Chambers at Chambers_of_Judge_Gerald_McHugh@paed.uscourts.gov.
Any Stipulation for Protective Order is to be emailed to Chambers at: Chambers_of_Judge_Gerald_McHugh@paed.uscourts.gov.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 3
Counsel may contact Chambers by phone (267-299-7301) to facilitate case progress and to inquire about matters that may have been overlooked or are time sensitive.
Counsel should not hesitate to contact Chambers where necessary to facilitate the progress of a case, by phone (267-299-7301), fax (267-299-5020), or email (Chambers_of_Judge_Gerald_McHugh@paed.uscourts.gov). District courts must manage a daunting caseload. If counsel is concerned that a matter may have been overlooked, or that the Court may not be aware that an issue is time sensitive, they are invited to make an appropriate inquiry of Chambers.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | Communication with Chambers
Counsel may call Chambers when a dispute arises during a deposition to obtain an immediate ruling if the Judge is available.
If a dispute arises during a deposition, counsel are invited to call Chambers in the event that the Judge is available to supply an immediate ruling.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 2 | Discovery Matters