All substantive written communications with Judge Daniel must be filed on the docket. Parties may contact Judge Daniel’s Courtroom Deputy, Vettina Franklin, to address administrative matters. The parties may not contact Mrs. Franklin concerning substantive matters. Mrs. Franklin prefers email to telephone. Any party attempting to contact Mrs. Franklin, whether by email or telephone, must either include all parties on the email or telephone call or obtain all parties’ prior consent to the communication. To avoid ex parte communications, Mrs. Franklin will not share information received from the parties with Judge Daniel.

Judge Daniel typically does not require courtesy copies. When required, Judge Daniel will enter a minute order directing the parties to submit courtesy copies.

For trials and evidentiary hearings, the parties shall provide the Court Reporter with one hard copy set of exhibits. The parties also shall submit a set of exhibits electronically via CM/ECF.

Judge Daniel prefers that parties appear in person. However, any party may request to appear remotely. To do so, the party must contact the Courtroom Deputy, either by email or telephone, at least twenty-four hours prior to the scheduled appearance.

Typically, Judge Daniel will wait until the defendant files a responsive pleading to set a schedule. If the defendant files a motion to dismiss, Judge Daniel typically will give the plaintiff three weeks to respond and the defendant one week to reply. (If a party wants a different schedule, it should file a motion to set a briefing schedule.) In cases where Judge Daniel denies the motion to dismiss, Judge Daniel typically will give the defendant three weeks to file an answer. Once the defendant files an answer, Judge Daniel will typically refer the case to the assigned magistrate judge for discovery supervision and settlement.

Judge Daniel uses OSCAR to hire law clerks. Application materials submitted directly to chambers will be discarded.

Judge Daniel typically hears motions Tuesdays, Wednesdays, and Thursdays at 9:30 a.m. Parties must notice motions for presentment. Absent exceptional circumstances, parties must file motions at least three business days before Judge Daniel hears the motion.

In cases where Judge Daniel has not referred discovery to the assigned magistrate judge, the parties must meet and confer prior to bringing any discovery dispute to Judge Daniel. To raise a discovery dispute before Judge Daniel, the movant shall file a letter on the docket that identifies the dispute(s) by number, explains why the discovery sought is relevant, and states the relief sought. The movant shall notice the discovery dispute for a date no earlier than three business days after filing the letter. The letter shall not exceed five pages, single-spaced. The movant should file the underlying request(s) and any objections thereto as an exhibit to the letter. The movant may file as exhibits to the letter any additional documents relevant to—and necessary to resolve—the dispute. The non-movant shall file its response two business days after the movant files its letter. The response shall not exceed five pages, single-spaced, and shall address each dispute by number. The non-movant may file as exhibits to the letter any additional documents relevant to—and necessary to resolve—the dispute.

Motions for summary judgment must comply with Fed. R. Civ. P. 56, Local Rule 56.1, and the following standing orders:

1. No party may file a motion for summary judgment prior to the close of fact discovery without prior leave of the Court.
2. No party may file more than one motion for summary judgment during the pendency of the case without prior leave of the Court.
3. Any memorandum of law in support of a motion for summary judgment shall not exceed thirty pages; responses shall not exceed thirty pages; replies shall not exceed fifteen pages.
4. Local Rule 56.1(d)-(f) sets forth requirements concerning statements of facts. Each numbered paragraph must assert one material fact. Each asserted fact must be supported by citation(s) to the specific evidentiary material that supports the material fact. The Court will strike any numbered paragraphs that disregard these requirements by, for example, asserting multiple material facts in a single numbered paragraph, failing to cite with specificity to evidence that supports the fact, or by including legal argument in the statement of facts. This list is not exhaustive.
5. Incorporation by reference is permitted; however, the pages incorporated count against the incorporating party’s page limit. For example, if Defendant A moves for summary judgment on Issue A and uses five pages to set forth its position on Issue A, Defendant B can incorporate Defendant A’s Issue A arguments by reference. In this example, Defendant B’s memorandum of law in support of a motion for summary judgment on any other issues Defendant B raises shall not exceed twenty-five pages, which together with the five pages incorporated on Issue A, totals thirty pages. The aim here is to prevent parties in a multiple-plaintiff or multiple-defendant case from skirting the thirty-page limit.