Judges - District Judge Barbara M.G. Lynn

 

Case Management Procedures | Motion Practice | Discovery | Trial Procedures | Misc Procedures | Law Clerk/Extern Positions

Requirements for District Judge Barbara M.G. Lynn
(Updated January 1, 2012)

 

I. Case Management Procedures

  1. Preliminary Pretrial Conference ("Rule 16 Conference")

    The Judge conducts a preliminary pretrial conference when the parties request one, or when the Judge determines it is advisable.

  2. Fed. R. Civ. P 26(f) Conference

    Lawyers may confer by telephone conference and occasionally the Court conducts telephone hearings. The Courtroom Deputy schedules such hearings and the movant's counsel is typically responsible for arranging them.

  3. Status Report/Scheduling Order

    Once the Answer is filed, the Judge issues an order requiring the parties to confer to prepare a Joint Report. When the Joint Report is received, the Judge issues a Scheduling Order. The Scheduling Order may modify deadlines set forth in the Federal Rules of Civil Procedure and local civil rules. The trial date is set in the Scheduling Order, and will be not changed absent extremely good cause. The Court prefers that dispositive motions be filed 120 days before trial, but no later than 90 days before trial. The deadline for dispositive motions, pretrial filings and the dates of trial and the pretrial conference may not be changed without the court's approval. Other dates may be changed by agreement of the parties, if a Stipulation between the parties reflecting the extension is filed, but the deadline for objecting to experts must be at least 90 before trial.

  4. Referrals to Magistrate Judges

    Discovery disputes are often, but not always, referred. Other motions are sometimes referred for recommendation.

  5. Settlement Discussion

    The Judge requires periodic written reports on the status of settlement negotiations. Mediation is favored and ordered on a case-by-case basis. The Court will select a mediator if the parties cannot agree on a mediator.

  6. Pretrial Order

    Counsel must file a Joint Pretrial Order 21 days before trial, along with a report describing the status of settlement negotiations. In addition to the requirements of Local Civil Rule 16.4, each party must file a list of witnesses as described in III.A.2 below.

    A party may file a trial brief with the pretrial order but is only required to do so at the direction of the Judge.

  7. Final Pretrial Conference

    Normally held during week prior to trial.

  8. Judge's Copy of Documents Filed By Electronic Means

    Judge Lynn requires a judge's copy of all dispositive motions, responses, replies and appendices thereto and any filing more than 25 pages in length.

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II. Motion Practice

  1. Requirements for Specific Motions

    1. Summary Judgment - See above.
    2. Continuance - Not favored, but if imperative, should be filed as early as possible.
    3. In Limine - A Motion in Limine must be filed at least seven days before trial, and counsel must confer thereafter. The parties are to advise the Court in writing at least 24 hours before trial as to the limine items that remain in dispute.
    4. Other - If a motion is pending and the parties are having serious discussions which might make it unnecessary for the Court to rule on the motion, the parties are to advise the law clerk immediately that such discussions are ongoing.

  2. Hearing

    Oral argument on motions is granted on a case-by-case basis. Counsel should advise the Court if they believe oral argument would be particularly helpful in a given matter.

III. Discovery

  1. Fed. R. Civ. P. 26(a)

    1. 26(a)(1): Parties are required to make initial disclosures as required by the Federal Rules.

    2. 26(a)(3): By 21 days before trial, each party must file a list of witnesses who may be called in its case-in-chief. The list must contain a brief narrative summary of the testimony to be elicited from each witness, shall state whether the witness has been deposed, and shall state whether the witnesses testimony at trial is "probable," "possible," "expert" or "record custodian." A copy of this list must be furnished to the court reporter before trial.

  2. Filing Discovery Material

    Parties are to follow Local Civil Rule 5.2.

IV. Trial Procedures

  1. Exchanging Exhibits

    Each party must comply with the requirements of Local Civil Rule 26.2(b) 14 days before trial. The Court will preadmit exhibits whenever possible. Counsel should supply a copy of all exhibits for the Courts use, 3 hole-punched in notebooks.

  2. Voir Dire

    The Court has the venire fill out a general questionnaire, which is furnished to counsel prior to commencement of voir dire. A copy may be obtained from the Courtroom Deputy. The Court will consider modifications and brief supplementations to the questionnaire upon request. The Judge conducts a brief voir dire, and allows questioning by attorneys averaging 20-30 minutes per side.

  3. Proposed Jury Instruction/Findings of Fact and Conclusions of Law

    Each party must file a hard copy of its annotated requested jury instructions or proposed findings of fact and conclusions of law 14 days before trial, along with a disk, in IBM word perfect compatible format.

  4. Courtroom Decorum

    Business attire is appropriate for men and women. Business pantsuits are acceptable for women. Jackets are to remain on in the courtroom. During trial, attorneys should rise when addressing the Court and when the jury enters and exits the courtroom. Lawyers will examine witnesses from the lectern. They should seek initial permission to approach the witness, and once permission is granted, it continues during that lawyers examination of the witness. Lawyers may quietly confer and pass notes at the counsel table. Only water may be consumed at the counsel tables, and under no circumstances will food be allowed in the courtroom.

  5. Electronic Equipment in the Courtroom

    Secure Court's permission and arrange with Courtroom Deputy for time of installation.

  6. Other

    Objections to exhibits and objections to deposition designations must be filed 7 days before trial, along with copies of exhibits and depositions objected to.

V. Miscellaneous Procedures

  1. Judge's Copy of Pleadings

    Pleadings must be file-stamped unless it is urgent that a copy be furnished to the Court without file stamping.

  2. Telephone Calls to Chambers

    An attorney may address a procedural or scheduling question that cannot be answered by the Federal Rules of Civil Procedure, Local Rules, or the Scheduling Order to Lori Greco, Courtroom Deputy, or to the Judge's Law Clerks. Questions regarding what has/has not been filed should be addressed to the District Clerk's office. Neither the Courtroom Deputy nor the Law Clerks will give legal advice or predict what the Court will do on a given matter.

  3. Faxed Document

    The Court does not accept filings by fax, unless arranged in advance and approved by the Courtroom Deputy, Judicial Assistant or Law Clerk

VI. Law Clerk/Extern Positions

  1. Application Procedures - Send written application, with resume, to Judy Flowers, Judicial Assistant.

 

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