Pretrial Preferences

Oral Argument on Motions

Judge Chatigny will schedule oral argument when counsel requests it in a complex case, when issues are not fully developed in the papers, or when it appears that conducting oral argument in person or by telephone will help move the case along, e.g., by facilitating a bench ruling on the motion.

Referral to Magistrate Judges/Special Masters

Magistrate Judge Martinez is paired with Judge Chatigny. He refers most discovery motions to her. He usually does not refer dispositive motions. He refers settlement conferences to Magistrate Judge Martinez, para-judicial officers, and the special masters panel.

Rulings from the Bench

Judge Chatigny occasionally rules from the bench.

26(f) Reports

Judge Chatigny assumes that counsel will confer with their clients and with each other in a substantive manner and at some length in order to prepare a proper Rule 26(f) Report, which should be treated as one of the most important filings in a case. Judge Chatigny expects counsel to propose a firm date for completing discovery in a realistic time frame. All other dates in the scheduling order are based on the discovery deadline. A settlement conference is usually held within thirty days after the discovery deadline. The joint trial memorandum is usually due sixty days after the settlement conference. Cases are placed on Judge Chatigny's jury selection list for the month following the due date for the joint trial memorandum.

Resolution by Conference Call

Judge Chatigny frequently conducts pretrial conferences by telephone and occasionally schedules dispositive motions for oral argument by telephone. Discovery motions usually are not handled by telephone but are referred to Magistrate Judge Martinez.

Sur-reply Briefs

Judge Chatigny has no set policy with respect to sur-reply briefs. Counsel rarely submit these briefs.

Letter Briefs

Judge Chatigny feels strongly that counsel should not submit letter briefs, even to call recent case law to the court's attention. Instead, he suggests that counsel file a request for leave to file a supplemental brief and then attach the supplemental brief with the new case law.

Chambers' Copies

Judge Chatigny likes to receive chambers' copies of dispositive motions.

Motions for Extension of Time

Judge Chatigny grants motions for extension of time for good cause shown. However, he is concerned when motions for extensions of the discovery deadline date established pursuant to the Rule 26(D Report continue to be filed by some counsel on a regular basis, despite the purpose and intent of the applicable rules. According to Judge Chatigny, the purpose of the Rule 26(F) Report is to provide a schedule established pursuant to the parties' case management plan that is not to be modified except in unusual circumstances. Counsel are encouraged to propose a realistic discovery deadline date and then commence discovery without delay so that modifications of the discovery deadline date will be unnecessary.

Motions for Reconsideration

Judge Chatigny has no set policy for dealing with motions for reconsideration.

Special Proceedings

Judge Chatigny will not grant ex parte relief on motions for temporary restraining orders unless the movant can demonstrate extraordinary circumstances. When counsel for one party comes to court seeking ex parte relief, he usually asks counsel to try to reach the opposing party or its counsel by telephone.

Judge Chatigny has no set policy for dealing with motions for preliminary injunctions.

Judge Chatigny refers motions for pre-judgment remedy to the magistrate judge.

Joint Trial Memoranda

Counsel should attach motions in limine to the joint trial memorandum.

Lawyer Affidavits

Judge Chatigny does not require lawyer affidavits and believes they should not be filed unless necessary to prove a point within the lawyer's exclusive knowledge.

Dispositive Motions

Judge Chatigny requires parties to request a pre-filing conference before filing motions to dismiss or for summary judgment. The purpose of the requirement is to encourage lawyers to discuss the proposed motion in much the same way lawyers are now accustomed to discussing discovery disputes before submitting them to court. A request for a pre-filing conference regarding a proposed motion to dismiss should be made as soon as possible after service of the summons and complaint. A request for a pre-filing conference regarding a motion for summary judgment usually must be made not later than forty-five days before the discovery deadline established pursuant to the parties' case management plan.

Discovery

Judge Chatigny usually refers discovery disputes to Magistrate Judge Martinez, who schedules them for oral argument.

Settlement

Judge Chatigny ordinarily does not participate in settlement conferences. Instead, he usually relies on the magistrate judges, para-judicial officers, and special masters.