Judge John M. Gallagher
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 2 copies • At Final Pretrial Conference
- Not required
Adjournments
- No Rule 16 conference or scheduling order in arbitration track cases without de novo appeal.
- Unavailability of a witness is not grounds to delay trial.
- Motion to continue must include time requested, opposition status, reason, and Speedy Trial Waiver form.
- +1 more
Request must include
- Suppression, Starks, and Daubert hearings held at least 14 days before trial.
Communication
Chambers
Phone
Chambers
Page & Word Limits5 rules
Machine summary. Not checked yet.Mandatory?
Any replies or sur-replies must be filed as soon as practicable, but in any event, no later than seven days after the previous filing.
Summary: Replies and sur-replies must be filed within 7 days of the previous filing.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
Replies and sur-replies, where granted, must be limited to ten and seven pages, respectively.
Summary: Replies limited to 10 pages, sur-replies to 7 pages.
Reply
10 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Opening briefs filed in support of and in opposition to a motion should be limited to twenty pages. This includes the table of contents and any attachments or addenda.
Summary: Opening briefs are limited to 20 pages including TOC and attachments.
Opening Brief
20 pages
Machine summary. Not checked yet.Mandatory?
For complex disputes, if the parties remain unable to resolve the dispute after the reasonable efforts required by Local Civil Rule 26.1(f), the Court will consider a motion to compel under Local Civil Rule 26.1(b). Counsel for the aggrieved party shall file with the Court a motion in conformity with Local Civil Rule 26.1(b). The motion shall not exceed five pages and shall not contain exhibits and shall not include a brief or memorandum of law.
Summary: Motion to compel for complex disputes limited to 5 pages, no exhibits or brief.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
The response should also be limited to five pages and shall not include exhibits or a brief or memorandum of law.
Summary: Response to discovery disputes limited to 5 pages, no exhibits or legal briefs.
Structured details unavailable. See the source text.
Document Format Requirements8 rules
Machine summary. Not checked yet.Mandatory?
All written submissions to the Court must be prepared in 12-point, Times New Roman font, with at least one-inch margins. All footnotes shall appear in 12-point font as well. Motion papers and memoranda of law must be double-spaced. Any briefs longer than ten pages must include a table of contents.
Summary: Written submissions must use 12-point Times New Roman font, 1-inch margins, double-spacing, and include TOC for briefs over 10 pages.
Machine summary. Not checked yet.Mandatory?
The parties shall 'bates stamp' their appendices. All references to the appendix made in the motions and responses shall identify the bates number of the referenced page.
Summary: Appendices must be bates stamped with page references.
Machine summary. Not checked yet.Mandatory?
The parties may choose whether to label any given exhibit as a “Plaintiff,” “Defense,” or “Joint” exhibit, but no single exhibit may have more than one designation. All exhibits should be numbered consecutively, tabbed and contained in three-ring binders. Each binder must begin with a table of contents that identifies all the trial exhibits, provides a brief description of each trial exhibit, and identifies the binder in which the trial exhibit can be found.
Summary: Exhibits must be numbered consecutively, tabbed, in three-ring binders with table of contents.
Machine summary. Not checked yet.Mandatory?
Citations to authority should be reflected in footnotes or comments appended to the text and should not appear in the body of the proposed instructions.
Summary: Citations to authority must be in footnotes or comments, not in the body of proposed jury instructions.
Machine summary. Not checked yet.Mandatory?
Proposed jury instructions must be double-spaced, have one-inch margins and be prepared in 12-point, Times New Roman font.
Summary: Proposed jury instructions must be double-spaced, have one-inch margins, and use 12-point Times New Roman font.
Machine summary. Not checked yet.Mandatory?
Jury instructions and verdict forms should be submitted to the deputy clerk as Microsoft Word files.
Summary: Jury instructions and verdict forms must be submitted as Microsoft Word files.
DOCX
Machine summary. Not checked yet.Mandatory?
Proposed jury instructions must be double-spaced, have one-inch margins and be prepared in 12-point, Times New Roman font. Citations to authority should be reflected in footnotes or comments appended to the text and should not appear in the body of the proposed instructions.
Summary: Proposed jury instructions must be double-spaced, have one-inch margins, use 12-point Times New Roman font, and citations must be in footnotes/comments, not body.
Machine summary. Not checked yet.Important?
Deposition testimony and other transcripts shall be submitted to the Court as full-sized pages, not manuscripts. In addition, parties submitting deposition transcripts should provide a cover page identifying the witness and relevant pages from the transcripts. Parties should not submit the entire transcript unless the entire transcript is relevant to the issue before the Court. The Court will request the entire transcript if it deems it necessary.
Summary: Transcripts must be full-sized pages with cover page identifying witness and relevant pages; entire transcript only if relevant.
Document Filing Requirements69 rules
Machine summary. Not checked yet.Mandatory?
When submitting exhibits via ECF, Parties should submit each exhibit as a separate document on the CM/ECF system, rather than as a single file. If the Court receives a filing with a single document marked “Exhibits,” it will strike the filing. In addition, when parties submit exhibits via ECF, they must give each document a name identifying the document. Thus, it is not sufficient to label a file “Exhibit A.” Instead, the name should be “Exhibit A: Contract,” “Exhibit B: Declaration of John Smith,” or some other reference to permit the Court to identify what the exhibit is without having to open the file.
Summary: Exhibits must be filed as separate documents with descriptive names; single "Exhibits" file will be struck.
Document Type
Exhibits
Machine summary. Not checked yet.Mandatory?
The Court will deny pro hac vice motions for which no fee has been submitted and recorded on the docket.
Summary: Pro hac vice motions without fee will be denied.
Document Type
Pro Hac Vice Motion
Machine summary. Not checked yet.Mandatory?
To be admitted pro hac vice, associate counsel of record should submit a written motion for admission.
Summary: Submit written motion for pro hac vice admission.
Document Type
Pro Hac Vice Motion
Machine summary. Not checked yet.Mandatory?
Lead trial counsel must attend the Rule 16 conference in person.
Summary: Lead trial counsel must attend Rule 16 conference in person.
Document Type
Rule 16 Conference
Machine summary. Not checked yet.Mandatory?
At the initial pretrial conference, the parties should be prepared to address all topics listed in the Local Rule of Civil Procedure 16.1(b) and Federal Rule of Civil Procedure 16(b) and (c), the progress of initial disclosure under Federal Rule of Civil Procedure 26(a) and any settlement or mediation proposals.
Summary: Parties must address all Rule 16 topics and settlement proposals at initial pretrial conference.
Document Type
Initial Pretrial Conference
Machine summary. Not checked yet.Mandatory?
At least seven calendar days prior to the pretrial conference, counsel must submit to chambers a joint status report pursuant to Federal Rule of Civil Procedure 26(f).
Summary: Joint status report required 7 days before pretrial conference.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
A designation of 'lead counsel' will mean that counsel will attend all court proceedings.
Summary: Lead counsel must attend all court proceedings.
Document Type
Lead Counsel
Machine summary. Not checked yet.Mandatory?
The parties must use the Court’s sample Rule 26(f) form that will be attached to the order scheduling the Rule 16 conference.
Summary: Parties must use Court's sample Rule 26(f) form.
Document Type
Rule 26f Form
Machine summary. Not checked yet.Mandatory?
Lead counsel shall participate in the Rule 26 conference, attend the Rule 16 conference, and be deemed lead counsel for all future proceedings.
Summary: Lead counsel must participate in Rule 26 and attend Rule 16 conferences.
Document Type
Lead Counsel
Machine summary. Not checked yet.Mandatory?
There will be a final Pretrial Conference within ten days of the trial.
Summary: Final Pretrial Conference within 10 days of trial.
Document Type
Final Pretrial Conference
Machine summary. Not checked yet.Mandatory?
Unless otherwise specified in a scheduling order, these memoranda shall be filed no later than then ten days prior to the Pretrial Conference.
Summary: Pretrial memoranda due 10 days before Pretrial Conference.
Document Type
Pretrial Memorandum
Machine summary. Not checked yet.Mandatory?
Counsel shall comply with Local Rule 16.1 regarding the submission of a pretrial memorandum.
Summary: Pretrial memorandum must comply with Local Rule 16.1.
Document Type
Pretrial Memorandum
Machine summary. Not checked yet.Mandatory?
Contrary to Local Civil Rule 5.1.2(10), all stipulations and proposed orders must be emailed to chambers rather than sent to the Clerk of Court.
Summary: Stipulations and proposed orders must be emailed to chambers, not the Clerk.
Document Type
Stipulation
Machine summary. Not checked yet.Mandatory?
Replies and sur-replies are not permitted unless leave to file them is granted upon motion of a party. Such briefs should be attached to a motion for leave as an exhibit, must be concise and address only new issues raised by opposing counsel. The Court discourages any replies or sur- replies that repeat or rehash previous arguments.
Summary: Replies and sur-replies require leave of court and must address only new issues.
Document Type
Reply
Machine summary. Not checked yet.Mandatory?
The movant shall file, in support of the motion for summary judgment, a separate “statement of undisputed facts” that set forth, in numbered paragraphs, all material facts the movant contends are undisputed.
Summary: Movant must file statement of undisputed facts with summary judgment motion.
Document Type
Motion For Summary Judgment
Machine summary. Not checked yet.Mandatory?
The movant shall file an appendix containing all the evidence to which the movant refers in its motion.
Summary: Movant must file appendix with all cited evidence.
Document Type
Motion For Summary Judgment
Machine summary. Not checked yet.Mandatory?
Statements of material facts in support of or in opposition to a motion for summary judgment shall include specific and not general references to the parts of the record which support each of the statements. Each stated fact and each statement that a material fact is disputed shall cite to the source relied upon, including the title, page and line of the document supporting the statement.
Summary: Fact statements must include specific record citations with title, page, and line.
Document Type
Motion For Summary Judgment
Machine summary. Not checked yet.Mandatory?
All material facts set forth in the statement of undisputed facts will be deemed admitted unless specifically controverted by the opposing party.
Summary: Undisputed facts deemed admitted unless controverted.
Document Type
Motion For Summary Judgment
Machine summary. Not checked yet.Mandatory?
If a party disputes a fact without citing supporting evidence, the fact will be deemed admitted.
Summary: Facts disputed without evidence are deemed admitted.
Document Type
Opposition To Summary Judgment
Machine summary. Not checked yet.Mandatory?
The respondent shall also set forth, in separate paragraphs under the heading “statement of additional facts,” any additional facts which the respondent contends preclude summary judgment.
Summary: Respondent must include statement of additional facts with summary judgment opposition.
Document Type
Opposition To Summary Judgment
Machine summary. Not checked yet.Mandatory?
The respondent shall file a supplemental appendix containing any additional evidence to which the respondent refers in its response.
Summary: Respondent must file supplemental appendix with additional evidence.
Document Type
Opposition To Summary Judgment
Machine summary. Not checked yet.Mandatory?
The respondent shall file, in opposition to the motion for summary judgment, a separate “statement of disputed facts” responding to the numbered paragraphs set forth in the movant’s statement of undisputed facts.
Summary: Respondent must file statement of disputed facts opposing summary judgment motion.
Document Type
Opposition To Summary Judgment
Machine summary. Not checked yet.Mandatory?
Judge Gallagher will not consider any evidence not included in a timely filed and appropriately formatted appendix.
Summary: Evidence not in timely filed, properly formatted appendix will not be considered.
Document Type
Appendix
Machine summary. Not checked yet.Mandatory?
A movant's failure to follow the foregoing procedures for dispositive motions in all respects will result in a denial of the motion. Respondent's failure to comply with these procedures in all respects will result in the Court's considering the motion uncontested.
Summary: Non-compliance with appendix procedures results in denial or uncontested consideration.
Document Type
Dispositive Motion
Machine summary. Not checked yet.Mandatory?
Counsel should provide the Court with a brief letter explaining the discovery dispute and requesting a conference. Such letters should be filed on ECF.
Summary: Discovery dispute letters must be filed on ECF.
Document Type
Discovery Dispute Letter
Machine summary. Not checked yet.Mandatory?
For claims of privilege covering multiple e-mails, the party asserting privilege must describe the specific e-mails that are being withheld, as opposed to only the e-mail at the top of the e-mail string, and the basis for withholding each e-mail.
Summary: Privilege logs must describe specific withheld emails, not just top-level emails in string.
Document Type
Privilege Log
Machine summary. Not checked yet.Mandatory?
In a filed discovery motion, the certificate of counsel must provide specific details about the parties’ efforts to resolve the dispute informally. These efforts must include verbal communications, whether by phone or in person. Exchanges of letters or e-mails are not sufficient.
Summary: Discovery motion certificate must detail verbal efforts to resolve dispute.
Document Type
Discovery Motion
Machine summary. Not checked yet.Mandatory?
All motions must contain the certification required under Local Civil Rule 26.1(f).
Summary: All discovery motions must include certification under Local Civil Rule 26.1(f).
Document Type
Discovery Motion
Machine summary. Not checked yet.Mandatory?
Parties preparing privilege logs must provide information sufficient for the opposing party to determine the basis for the assertion of privilege.
Summary: Privilege logs must provide sufficient information for opposing party to evaluate privilege claims.
Document Type
Privilege Log
Machine summary. Not checked yet.Mandatory?
The Court will deny a discovery motion that does not meet these requirements.
Summary: Discovery motions lacking required informal resolution details will be denied.
Document Type
Discovery Motion
Machine summary. Not checked yet.Mandatory?
It is not sufficient to report that opposing counsel was not available or that the parties made 'reasonable efforts.'
Summary: Must provide specific details of informal resolution efforts, not just 'reasonable efforts'.
Document Type
Discovery Motion
Machine summary. Not checked yet.Mandatory?
1. All stipulations of counsel.
Summary: Pretrial memoranda must include all stipulations of counsel.
Document Type
Pretrial Memorandum
Machine summary. Not checked yet.Mandatory?
Unless otherwise ordered by the Court, the pretrial memorandum should be prepared in accordance with the provisions of Local Rule of Civil Procedure 16.1(c) and should also include the following items:
Summary: Pretrial memoranda must follow Local Rule 16.1(c) and include specific items.
Document Type
Pretrial Memorandum
Machine summary. Not checked yet.Mandatory?
2. A statement of objection to: (1) the admissibility of any exhibit based on authenticity; (2) the admissibility of any evidence expected to be offered for any reason except relevancy; (3) the adequacy of the qualifications of an expert witness expected to testify; and (4) the admissibility of any opinion testimony from lay witnesses pursuant to Federal Rule of Evidence 701. These objections must describe with particularity the ground and the authority for the objection.
Summary: Pretrial memoranda must include specific evidentiary objections with particularity.
Document Type
Pretrial Memorandum
Machine summary. Not checked yet.Mandatory?
4. A statement of any anticipated important legal issues on which the Court will be required to rule as well as counsel’s single best authority on the issue.
Summary: Pretrial memoranda must include anticipated legal issues and best authority.
Document Type
Pretrial Memorandum
Machine summary. Not checked yet.Mandatory?
3. An identification of deposition testimony (including videotaped deposition testimony) that the party intends to offer during its case-in-chief. The statement should include citations to the page and line number and the opposing party’s counter-designations.
Summary: Pretrial memoranda must identify deposition testimony with citations.
Document Type
Pretrial Memorandum
Machine summary. Not checked yet.Mandatory?
Counsel must submit voir dire questions to the deputy clerk at least two days before jury selection. Insofar as counsel agree that certain questions should be asked, they may submit a list of those questions jointly. Insofar as counsel do not agree upon any questions, they may submit those questions independently. The Court will then review all the questions submitted and determine which will be asked.
Summary: Voir dire questions must be submitted to deputy clerk at least two days before jury selection.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
In civil cases, after exhibits have been exchanged, the parties must prepare joint exhibit binders containing all the exhibits counsel may use at trial, including those for which admissibility remains contested. Exhibits that are ruled inadmissible will simply not be used but need not be extracted from the binder.
Summary: Civil cases require joint exhibit binders with all trial exhibits, including contested ones.
Document Type
Exhibit Binder
Machine summary. Not checked yet.Mandatory?
Unless the parties have an agreement as to the admissibility of a proposed exhibit, a witness may not testify as to its content until it has been admitted into evidence. But the Court strongly encourages counsel to reach agreements before trial as to the admissibility of exhibits.
Summary: Witnesses cannot testify about exhibit content until it's admitted into evidence.
Document Type
Exhibit
Machine summary. Not checked yet.Mandatory?
If a witness is unavailable at the time of trial, as defined in Federal Rule of Civil Procedure 32(a)(3), the Court expects an oral or videotaped deposition to be used at trial for that witness, whether the witness is a party, a non-party or an expert.
Summary: For unavailable witnesses, the Court expects oral or videotaped depositions to be used at trial.
Document Type
Deposition
Machine summary. Not checked yet.Mandatory?
Proposed findings of fact and conclusions of law in non-jury cases should be submitted at least seven days before the trial date.
Summary: Proposed findings of fact and conclusions of law must be submitted at least 7 days before trial in non-jury cases.
Document Type
Proposed Findings Conclusions
Machine summary. Not checked yet.Mandatory?
Counsel should submit proposed voir dire questions in writing seven days before the trial date.
Summary: Proposed voir dire questions must be submitted 7 days before trial.
Document Type
Voir Dire Questions
Machine summary. Not checked yet.Mandatory?
The Court will generally require the parties to submit a joint proposed set of jury instructions and verdict forms.
Summary: Joint proposed jury instructions and verdict forms required.
Document Type
Jury Instructions Verdict Forms
Machine summary. Not checked yet.Mandatory?
Counsel’s submission must indicate which instructions and forms have been agreed upon and which remain contested.
Summary: Submission must indicate agreed and contested jury instructions and verdict forms.
Document Type
Jury Instructions Verdict Forms
Machine summary. Not checked yet.Mandatory?
At least seven days prior to the trial date, the Government must file a pre-trial memorandum setting forth the essential elements of the offense(s), the facts that it intends to present, the identity of each witness it intends to call, a statement of the substance of each witness’s testimony, and any legal issues.
Summary: Government must file pre-trial memorandum 7 days before trial with specific content requirements.
Document Type
Pre Trial Memorandum
Machine summary. Not checked yet.Mandatory?
Insofar as the parties disagree on any proposed jury instruction, the joint submission should contain a concise statement that identifies each party’s position on the instruction, the reasons supporting the party’s position, and citation to the best authorities supporting each party’s position.
Summary: Disputed jury instructions require concise statements of each party's position and supporting authorities.
Document Type
Jury Instructions Verdict Forms
Machine summary. Not checked yet.Mandatory?
All sentencing memoranda, exclusive of motions, must be filed at least seven days prior to the sentencing date, and any responses thereto must be filed at least three days prior to the sentencing date.
Summary: Sentencing memoranda (non-motion) due 7 days before sentencing; responses due 3 days before.
Document Type
Sentencing Memorandum
Machine summary. Not checked yet.Mandatory?
Any sentencing motions shall be submitted at least fourteen days prior to the sentencing hearing, and any responses thereto must be filed at least seven days prior to the sentencing date. All sentencing memoranda, exclusive of motions, must be filed at least seven days prior to the sentencing date, and any responses thereto must be filed at least three days prior to the sentencing date.
Summary: Sentencing motions due 14 days before hearing; responses due 7 days before. Sentencing memoranda due 7 days before; responses due 3 days before.
Document Type
Sentencing Motion
Machine summary. Not checked yet.Mandatory?
The Government must submit a guilty plea memorandum at least seven days prior to the change of plea hearing. The memorandum shall include the elements of each offense to which the defendant is pleading guilty and legal citations for the elements, the maximum statutory penalties for each offense, the terms of any plea agreement, and the factual basis for the plea.
Summary: Government must submit guilty plea memorandum at least 7 days before plea hearing with specific required content.
Document Type
Guilty Plea Memorandum
Machine summary. Not checked yet.Important?
Parties should not submit to the Court unpublished decisions that are available on Westlaw or Lexis.
Summary: Unpublished decisions from Westlaw or Lexis should not be submitted to court.
Document Type
Brief
Machine summary. Not checked yet.Important?
However, the Court will grant a stay of discovery only in extraordinary circumstances.
Summary: Discovery stays granted only in extraordinary circumstances.
Document Type
Discovery Stay
Machine summary. Not checked yet.Important?
Pending motions do not stay the parties’ obligations to meet and confer pursuant to Federal Rule of Civil Procedure 26(f) or to attend a conference pursuant to Federal Rule of Civil Procedure 16.
Summary: Pending motions do not excuse Rule 26(f) or Rule 16 obligations.
Document Type
Rule 26f Meeting
Machine summary. Not checked yet.Important?
If a party wishes to stay discovery during the pendency of a motion, it should present its request in person at the Rule 16 conference.
Summary: Discovery stay requests must be made in person at Rule 16 conference.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Important?
Counsel taking part in any pre-trial conference must be prepared to speak on every subject, including settlement, and have authority from their clients to do so.
Summary: Counsel must have client authority to discuss all subjects at pretrial conferences.
Document Type
Pretrial Conference
Machine summary. Not checked yet.Important?
In all written submissions to the Court, citations to documents on the docket, e.g., “Amended Complaint,” should identify those documents by ECF number.
Summary: Citations to docket documents must include ECF numbers.
Document Type
All
Machine summary. Not checked yet.Important?
Motions for reconsideration should be filed sparingly. Any motion for reconsideration of a discovery order must itself comply with the page limits in Section II.C.1., below.
Summary: Reconsideration motions should be filed sparingly and follow page limits.
Document Type
Motion For Reconsideration
Machine summary. Not checked yet.Important?
A case may be referred to a magistrate judge for a settlement conference, but counsel should not expect the Court to stay discovery or trial dates merely because the parties are awaiting their appointment with the magistrate judge and wish to avoid incurring further costs.
Summary: Settlement conference referral does not stay discovery or trial dates.
Document Type
Settlement Conference
Filing & Service rules
Courtesy Copy Requirements
No courtesy copies to chambers; court will request if needed.
Do not send copies—physical or digital—of filings to chambers. If the Court desires a courtesy copy of any particular filing, the Court will reach out and request one specifically.
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Page 15 | Judge John M. Gallagher
Two copies of exhibit binders must be provided to Court at final pretrial conference.
At the final pretrial conference, the parties shall provide the Court with two copies of the exhibit binders.
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Page 23 | J. Preparation of Exhibits
No courtesy copies required for motions
No Courtesy Copies
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Page 2 | Motion Practice
Sealing & Redaction Procedures
Documents cannot be filed under seal without leave except in emergencies; motions for leave must be public.
Except in emergency situations, no documents may be filed under seal without first obtaining leave. All motions for leave to file documents under seal should be filed on the public
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Page 6 | I. GENERAL MATTERS D. Filing Under Seal and Redacting Documents
Motion to seal must identify specific injuries if materials are not sealed.
The motion—and the proposed order attached to the motion—must identify 'clearly defined and serious injur[ies]' the movant will suffer if the materials are not kept under seal.
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Page 7 | Sealing Procedures
Motion to seal must specify interests in nondisclosure.
The Court will not grant a motion for leave to file under seal that fails to identify the movant's interests in nondisclosure with specificity.
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Page 7 | Sealing Procedures
If proposed order omits redaction requirement, explain why redaction would render documents unreadable.
If a movant omits this language from its proposed order, the movant must explain in its motion why redaction would render the documents unreadable.
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Page 7 | Sealing Procedures
When filing sealed motions, provide unredacted copies to court and parties.
Insofar as a motion contains or refers to information that the movant seeks to file under seal, the movant may redact that information in the copy of the motion filed on the docket. When a movant files a motion with redacted materials, the movant must also provide the Court and all other parties with an unredacted copy of the motion.
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Page 7 | Sealing Procedures
Provide unredacted copies of all sealed documents to court and parties.
The movant must also provide the Court and all other parties with unredacted copies of the motion and all documents that the party proposes to file under seal.
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Page 7 | Sealing Procedures
Motion to seal must explain why secrecy outweighs public access.
In recognition of the common law right of public access to judicial records, a motion for leave to file under seal must articulate, clearly and specifically, why the moving party's 'interest in secrecy' outweighs the 'presumptive right of public access.'
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Page 7 | Sealing Procedures
Proposed orders for sealed filings must require filing redacted versions on public docket.
Proposed orders attached to motions for leave to file under seal must include language requiring the parties to file redacted versions of the sealed documents to the public docket.
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Page 7 | Sealing Procedures
File redacted versions of sealed documents on public docket unless redactions are too extensive.
Even when the Court grants a motion for leave to file under seal, the Court will generally still expect the parties to file redacted versions of the sealed documents on the public docket unless the redactions would be so extensive as to render the document unreadable.
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Page 7 | Sealing Procedures
Confidentiality/protective orders require formal motion, not stipulated orders.
Requests for confidentiality/protective orders must be made by formal motion. The Court will not accept stipulated proposed orders in lieu of a motion.
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Page 18 | Judge John M. Gallagher
Motion for protective order must explain good cause under FRCP 26(c).
As required by Federal Rule of Civil Procedure 26(c), a motion seeking a confidentiality/protective order must explain why there is good cause for the Court to issue the order.
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Page 18 | Judge John M. Gallagher
Proposed protective order must state reasons good cause exists and private interests outweigh public interests.
The proposed order attached to the motion must itself also state the reasons good cause exists and state that the private interests in nondisclosure outweigh the public interests in disclosure.
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Page 18 | Judge John M. Gallagher
Protective orders must reserve court's power to modify for justice.
Further, the Court will not approve any protective order unless it contains 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.”
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Page 19 | Confidentiality/Protective Orders
Protective orders cannot allow parties to seal materials without court approval.
The Court will not approve a protective order containing language that gives the parties discretion to file materials under seal without the Court’s prior and specific approval.
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Page 19 | Confidentiality/Protective Orders
Sealing motions must justify overcoming public access presumption.
When a proposed confidentiality/protective order would permit a party to file any material to the docket under seal, the motion and the proposed order must identify justifications for sealing the materials that would overcome the “presumptive right of public access,” as discussed further in section I.E, supra. Id. at 672.
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Page 19 | Confidentiality/Protective Orders
Challenging protective orders requires item-by-item justification.
If a party later challenges such a protective order, the party seeking to maintain protection over the materials will bear the burden of justifying those materials’ continued protection on an item-by-item basis.
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Page 19 | Confidentiality/Protective Orders
Large scale discovery may use categorical protective orders if well-defined.
In cases involving large scale discovery, however, the Court will consider approving protective orders that grant protection to discovery materials on a categorical basis so long as each protected category is reasonably well defined.
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Page 19 | Confidentiality/Protective Orders
Filing Bundling Requirements
Supplemental joint appendix required for multiple response parties.
When more than one party intends to respond, the parties shall submit a supplemental joint appendix containing all the exhibits that will be referenced in any party's response.
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Page 15 | Judge John M. Gallagher
Joint appendix must be filed separately on same day as first summary judgment motion.
When the parties are relying on a joint appendix, the parties shall file the joint appendix in its own ECF entry separate from the ECF entry in which any party has filed its motion or response. The joint appendix shall be filed on the same day the first motion for summary judgment is docketed.
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Page 15 | Judge John M. Gallagher
Joint appendix required for multiple summary judgment motions.
When more than one party intends to move for summary judgment at the same time, the parties shall submit a joint appendix containing all the exhibits that will be referenced in any party's motion.
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Page 15 | Judge John M. Gallagher
Discovery must be completed before arbitration; no discovery or dispositive motions after arbitration unless motion was filed before and unresolved.
The parties are expected to complete all discovery prior to the date of the arbitration hearing. Upon demand for trial de novo from an arbitration award, the Court will issue a scheduling order setting the date for trial at the earliest date available to the Court. Ordinarily, discovery will not be allowed after the arbitration hearing is held. Nor will dispositive motions be allowed after the arbitration hearing unless the motion was filed prior to the arbitration hearing and left unresolved.
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Page 21 | Arbitration and Trial De Novo
Appendix should be filed in same ECF entry as motion or response when practicable.
Insofar as practicable, a movant shall file its appendix in the same ECF entry in which the movant files its motion or response.
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Page 15 | Judge John M. Gallagher
Criminal cases don't require exhibit exchange or joint binders, but must follow formatting rules.
In criminal cases, the Court ordinarily does not expect defendants to exchange exhibits with the Government ahead of trial or to prepare joint exhibit binders. Criminal defendants and the Government should, however, prepare their exhibits in compliance with the formatting requirements set forth in the preceding paragraph.
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Page 23 | J. Preparation of Exhibits
Pre-Motion Conference Requirements
Certification of substantive verbal pre-motion conference required with Rule 12(b)(6) motions.
If the parties are unable to reach a resolution that eliminates the need for a 12(b)(6) motion, counsel for the moving party shall include, along with the 12(b)(6) motion, a certification that the parties met and conferred regarding the alleged pleading deficiencies. These efforts must include substantive verbal communications, whether by phone or in person. Exchanges of letters or e-mails are not sufficient.
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Page 13 | Dispositive Motions
Insufficient pre-motion efforts will result in denial of Rule 12(b)(6) motion.
It is not sufficient to report that opposing counsel was not available or that the parties made “reasonable efforts.” The Court will deny a 12(b)(6) motion that does not meet these requirements.
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Page 13 | Dispositive Motions
Pre-motion conference required 7 days before filing Rule 12(b)(6) motions.
Before filing a motion pursuant to Federal Rule of Civil Procedure 12(b)(6), counsel shall first contact opposing counsel to discuss the substance of the contemplated motion and to provide an opportunity to cure any alleged pleading deficiencies. This conference shall take place at least seven days prior to the filing of the motion.
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Page 13 | Dispositive Motions
Rule 16 conference scheduled after all defendants appear.
The Court will schedule a preliminary pretrial conference pursuant to Federal Rule of Civil Procedure 16 once each defendant has appeared in the case.
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Page 9 | II. CIVIL CASES
Motions in limine filing deadline set at Rule 16 conference and confirmed in scheduling order.
The time for filing motions in limine will be determined at the Rule 16 conference and will be confirmed in the scheduling order.
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Page 22 | Motions In Limine
Adjournment & Extension Requirements
Extensions affecting dispositive motions or trial dates require written request with basis, party positions, and proposed dates.
If an extension will affect the deadline for filing dispositive motions or the trial dates, counsel must make a written request that sets forth the basis for the extension and indicates whether the other parties agree to or oppose the request and proposes amended dates. A request for an extension of the deadline for filing dispositive motions or a continuance of the trial date must be made sufficiently prior to the due date to allow time for the Court to consider it. These requests should be made by motion, although an unopposed request may be made by letter to the Court.
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Page 11 | Continuances and Extensions
No Rule 16 conference or scheduling order in arbitration track cases without de novo appeal.
Judge Gallagher will not hold a Rule 16 conference or issue a scheduling order in arbitration track cases unless there is a de novo appeal from an arbitration award hearing.
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Page 20 | Arbitration
Motion to continue must include time requested, opposition status, reason, and Speedy Trial Waiver form.
A motion to continue a criminal case must include the following: (1) the length of time the party requests the case to be continued, (2) whether the motion is opposed, (3) the reason for the request, and (4) an executed Speedy Trial Waiver form, such that the Court can conduct a speedy trial analysis.
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Page 29 | IV. CRIMINAL CASES - A. Oral Argument and Motions
Unavailability of a witness is not grounds to delay trial.
The unavailability of such witness will not be a ground to delay the commencement or progress of trial.
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Page 26 | Unavailability of Witness
Suppression, Starks, and Daubert hearings held at least 14 days before trial.
The Court typically holds suppression, Starks, and Daubert hearings at least fourteen days prior to trial.
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Page 29 | IV. CRIMINAL CASES - C. Pre-Trial Hearings
Chambers Communication Rules
Attorneys must use ECF and register as ECF Filing Users; pro se parties exempt.
Judge Gallagher requires all attorneys to use Electronic Case Filing (ECF). Attorneys appearing before Judge Gallagher are required to register as ECF Filing Users in accordance with Local Rule of Civil Procedure 5.1.2. Pro se parties are not required to use ECF.
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Page 6 | I. GENERAL MATTERS C. E-Filing Guidelines
Counsel prohibited from contacting law clerks unless instructed; clerks cannot grant continuances or give advice.
Counsel should not communicate with the law clerks unless directly contacted by a law clerk or instructed by the Court to do so. Law clerks may not render advice to counsel and have no authority to grant continuances or to give advice on substantive or procedural matters.
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Page 5 | I. GENERAL MATTERS A. Communication with the Court
Telephone conferences may be held for scheduling/discovery; moving party provides details; recording prohibited without approval.
Judge Gallagher may hold telephone conferences to resolve scheduling matters or discovery disputes. The Court will notify counsel of the date and time for the telephone conference. Counsel for the moving party will be responsible for providing telephone conferencing details to all parties and to Judge Gallagher through his deputy clerk. Parties are prohibited from recording any conferences or proceedings without prior written approval of the Court.
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Page 5 | I. GENERAL MATTERS B. Telephone Conferences
Parties must contact Courtroom Deputy by final pretrial conference to arrange technology needs.
The Court holds proceedings in Courtroom 4B, which is equipped for electronic presentation of evidence. Parties expecting to employ courtroom technology are required to contact the Courtroom Deputy no later than the final pretrial conference to discuss their technological needs. The Courtroom Deputy will then schedule a preliminary run to minimize disruptions during the trial itself.
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Page 22 | Classroom Technology
Magistrate Judge Pamela A. Carlos assigned to Judge Gallagher
Magistrate Judge Assignment: Magistrate Judge Pamela A. Carlos
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Page 1 | GENERAL MATTERS
Chambers email address for Judge Gallagher
Chambers_of_Judge_John_Gallagher@paed.uscourts.gov
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Page 1 | GENERAL MATTERS
Correspondence with court allowed by letter, email, or phone for routine matters; must copy opposing parties.
Counsel or pro se parties may correspond with the Court by letter, email or telephone concerning routine scheduling and administrative matters. The Court expects counsel and pro se parties to copy opposing counsel or pro se parties on their written communications with the Court. All communications with the Court should be directed to the deputy clerk or chambers.
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Page 5 | I. GENERAL MATTERS A. Communication with the Court
Counsel must keep contact information current with clerk and deputy clerk.
Counsel should submit current telephone numbers, fax numbers, e-mail addresses and any changes to the Clerk’s Office and Judge Gallagher’s deputy clerk.
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Page 5 | I. GENERAL MATTERS A. Communication with the Court
Parties urged to resolve discovery disputes themselves; telephone conferences preferred for simple disputes.
The Court urges the parties to settle discovery disputes among themselves. If Court assistance is required, Judge Gallagher prefers that simple disputes be addressed by telephone conferences.
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Page 16 | Judge John M. Gallagher
Trial date set at Rule 16 conference; parties must be ready to start on listed date.
A date for trial will be determined at the initial Rule 16 conference. Once a case is listed for trial, counsel, parties and witnesses should be ready to start trial on the listed date, and counsel should consider themselves formally attached for trial as of that date. Questions relating to scheduling matters should be directed to Judge Gallagher's deputy clerk.
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Page 22 | Scheduling Cases
Junior Lawyer Participation Incentives
Section on development of young attorneys
D. Development of Young Attorneys................................................................................ 24
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Page 4 | Development of Young Attorneys
Court encourages assigning presentations to junior lawyers and allows multiple attorneys to argue.
The Court encourages trial counsel to assign court presentations to less-experienced attorneys, particularly where the less-experienced attorney is more familiar with the matter at hand. If necessary, the Court will permit two lawyers to make an argument in order to ensure that a more experienced counsel has an opportunity to buttress a younger lawyer’s presentation. The Court will draw no inference from a party’s decision to have a younger lawyer make a particular presentation, including as to whether the client deems the issue “important.”
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Page 28 | Development of Young Attorneys