| LITIGATION
PREFERENCES |
General: As
a general rule, the Judge personally conducts
Case Management Conferences. At the CMC, the
Judge sets the full discovery schedule, dispositive
motion schedule (where applicable) and trial
date with a full Trial Order setting forth
additional dates regarding stipulations, trial
briefs and exhibits. Counsel should familiarize
themselves with the Trial Order issued by the
Judge since not all the dates set forth in
the Trial Order will appear on the Court’s
web docket. The Judge usually does not set
additional pretrials or a final pretrial. Accordingly,
counsel of record should be present and be
fully prepared to discuss the case extensively
and in full detail. CMCs will not be conducted
by telephone under any circumstance. The Judge
sets her CMCs at 8:00 a.m. Monday through Thursday.
Multiple CMCs are scheduled each day, and the
Judge conducts her CMCs in the order in which
all counsel on a given case have arrived and
signed in. Counsel should be sure to sign in
under the correct party since failure to do
so may result in the Court being unaware that
all counsel have arrived on a given case. If
counsel is running late, a call should be placed
to the Judge’s chambers in order to notify
the Court that counsel is running late. If
a party fails to appear by 8:30 a.m. without
giving the Court or opposing counsel notice,
the Court may proceed in setting dates despite
counsel’s absence. If your assigned CMC
date results in a scheduling conflict, contact
your opposing counsel and determine a mutually
agreeable date that is no later than one week
before or after the originally scheduled CMC
date prior to calling the Staff Attorney for
a new date. Provided the proposed new date
fits within the parameters of being a Monday
through Thursday at 8:00 a.m., the date usually
will be acceptable to the Court. |
Pre-Trials: If and when it becomes apparent to counsel
that a pretrial would be necessary or helpful,
any counsel may request a pretrial. The Court
expects civility among the advocates and trusts
that regardless of any disagreements counsel
may have that they will nevertheless cooperate
in submitting proposed dates (generally, Monday
through Thursday at 8:00 a.m.) for the requested
pretrial. Failing that, the Court will set
pretrials at its convenience. Ordinarily, and
with the schedules of Court and counsel permitting,
pretrials may be set within one week of the
request. |
Motion
Practice: Courtesy copies of all motions filed should
be hand delivered or mailed to the Judge's
chambers. Parties are not required to deliver
courtesy copies to both the Staff Attorney
and the Judge. Movants are not to file reply
briefs without previous Court approval - this
is true on all motions, especially dispositive
motions. Motions to Withdraw should comply
with Local Rule 10. The Court follows the Local
Rule on response time, absent extraordinary
circumstances or where the motion clearly represents
that all opposing counsel are not objecting
to the motion. The Judge typically will not
rule on Motions in Limine until the trial date.
To ensure that an opposed motion is not ruled
on once the time for a response has run, a
courtesy copy of the brief in opposition should
be hand delivered to the Judge’s chambers. |
Discovery: Please note that the discovery date set
by the Court is the date by which all discovery
is to be completed, and not merely noticed
or issued. Copies of any expert reports that
are submitted to opposing counsel shall likewise
be submitted to the Court by the deadline established
at the CMC. Furthermore, if any witnesses are
to appear by videotape at trial (e.g. medical
experts), these videotaped depositions are
to be completed by the close of discovery.
Calls concerning an extension of the deadline
for conducting videotaped depositions will
not be returned, nor will motions to extend
this deadline be considered. Extensions in
the discovery schedule may not be obtained
by stipulation. The Court also does not accept
stipulated extensions on written discovery.
If the parties agree to set and substitute
their own discovery schedule in lieu of the
Court’s, any problems that may arise
necessitating a motion for an extension of
time will not be considered. For any extensions
of the Court’s deadlines, a motion must
be filed demonstrating good cause why such
an extension should be had, and should include
the date to which the party needs the deadline
extended. |
Settlement
Conference: The Trial Order provides for a settlement
conference to be conducted by the parties following
the completion of discovery. Counsel are to
report separately to the Court their progress
in settling the case. The Judge does not set
a settlement conference with the Court at the
CMC. Rather, the parties will know at what
juncture, if any, a settlement conference with
the Court will be helpful. If and when that
time comes, simply call the Court and ask for
a settlement conference. Ordinarily, and with
the schedules of Court and counsel permitting,
settlement conferences may be set within one
week of the request. |
Calendaring
and Continuances: Dates set at the CMC will remain as set
absent good cause shown. An extension of one
deadline does not necessarily extend the other
deadlines set at the CMC. The Court does not
consider Motions to Continue Trial that do
not comply with the Local Rules, e.g. the client
must sign off on the motion to continue, and
new trial date(s) should be proposed. Notwithstanding
full compliance with the local rules, trial
dates are not continued without good cause
shown. Since the Judge adheres to the Supreme
Court Rules of Superintendence, trials are
not continued for other previously set trials
until the date of trial, at which time the
case will either be continued or kept on standby.
Trial dates will be continued for preplanned
personal events or religious holidays (weddings,
graduations, cruises, bar mitzvahs, Yom Kippur,
etc.) of the attorneys and clients, their families
and major witnesses - provided this is brought
to the Court's attention no later than 20 days
following the date of the CMC. Continuances
for such reasons requested after that time
will not be considered. |
Trials: All civil trials are set on a standby basis
for a period of two weeks. If you are engaged
in trial elsewhere, this Court will wait for
you. If this Court is engaged in trial, the
Judge may ask you to wait for her (rather than
rescheduling your trial date). Please refer
to the Trial Order for details regarding the
schedule for preparing undisputed fact stipulations,
trial briefs, exhibits, and where applicable:
jury instructions, or proposed findings of
fact and conclusions of law. Counsel are also
instructed to go over trial deposition testimony
prior to trial and provide a list, on the trial
date, of those objections that the Judge will
need to rule on at trial. The list of objections
should provide the Court with the page and
line number, along with the basis for the objection. |
Paid for by Friends of Kathleen Ann Sutula, Marilyn J.
Costello, Treasurer |