BRIEN McMAHON FEDERAL BUILDING United States Courthouse 915 Lafayette Boulevard - Suite 429 Bridgeport, Connecticut 06604
Driving Directions
Location: Room 435
Magistrate Judge Garfinkel is paired with Judges Underhill, Bolden, and Eginton.
Pretrial Preferences
Oral Argument on Motions
Oral argument on motions is scheduled at the Judge's discretion. If either party feels strongly that oral argument is necessary, he or she should request oral argument in a letter accompanying the motion. Magistrate Judge Garfinkel does not have set days for oral argument on motions and will try to accommodate counsels’ schedules.
Referral to Magistrate Judges/Special Masters
In cases assigned to Magistrate Judge Garfinkel, he may request that another Magistrate Judge handle a settlement conference.
Rulings from the Bench
Magistrate Judge Garfinkel occasionally rules from the bench, particularly in situations involving discovery disputes or situations where the need for a ruling is immediate.
26(f) Reports
Magistrate Judge Garfinkel expects counsel to give serious consideration to the dictates of Rule 26(f). Unless he thinks the case is being mismanaged, he usually defers to counsel's agreements concerning scheduling but urges the parties to be realistic as to their deadlines. If there is a dispute over scheduling, he usually attempts to resolve this through a telephone conference with counsel.
Resolution by Conference Call
Magistrate Judge Garfinkel encourages telephone conferences to resolve discovery disputes. He encourages counsel to call him from depositions to raise discovery disputes immediately. If he can take the phone call, he will. If not, the matter should be addressed in writing as soon as possible. Magistrate Judge Garfinkel accepts letters outlining discovery disputes so that he can resolve them on an informal basis. Magistrate Judge Garfinkel also uses conference calls to address scheduling issues and to attempt to reach settlement agreements.
Sur-reply Briefs
Magistrate Judge Garfinkel believes briefing should stop with the reply memorandum. If a party truly believes that sur-reply is necessary, that party should seek permission to file a sur-reply by motion. Any sur-reply memorandum should be concise. If new controlling case law is decided after briefing has concluded, Magistrate Judge Garfinkel prefers to have this brought to his attention by way of a short letter brief, to which the other side will have an opportunity to respond.
Letter Briefs
Generally, Magistrate Judge Garfinkel does not favor receiving letter briefs.
Chambers’ Copies
Magistrate Judge Garfinkel does not require courtesy copies of all pleadings and motions filed electronically. However, if a motion with exhibits is particularly lengthy, chambers’ copies would be greatly appreciated.
Motions for Extension of Time
Local Rule 7(b) should be strictly followed. Counsel should make sure to state their good cause for seeking the extension.
Motions for Reconsideration
Motions for reconsideration should be filed timely and sparingly, and only in situations where a persuasive reason, which might convince the court to change its mind, exists.
Special Proceedings
Magistrate Judge Garfinkel does not grant prejudgment remedies or preliminary injunctions on an ex parte basis. The Judge encourages counsel to try to resolve these matters on their own. If an evidentiary hearing is necessary, the Court will issue a scheduling order.
Joint Trial Memoranda
When cases are consented over to Magistrate Judge Garfinkel for trial, he generally issues a modified scheduling order similar to that of the judges with whom he is paired. He also has a special trial memorandum order for jury trials and one for non jury cases.
Lawyer Affidavits
Magistrate Judge Garfinkel believes that attorney affidavits are appropriate for non-substantive filings, i.e., certifying depositions. He encourages affidavits from attorneys as to certain formalities, but does not believe that counsel should be offering into evidence those documents to which they will not be testifying if the case goes to trial.
Dispositive Motions
Magistrate Judge Garfinkel is flexible in the manner in which he approaches motion practice. For summary judgment motions, Magistrate Judge Garfinkel believes exhibits should be attached to the affidavit regarding the authenticity of the documents. For summary judgment motions, the requirements of Local Rule 56 should be strictly observed.
Discovery
Magistrate Judge Garfinkel is also flexible in the way in which he approaches discovery practice. He encourages resolution by conference calls. If disputes arise at a deposition in a case he is handling, counsel should call him directly. Discovery disputes are also often handled by letter requests.
Settlement
Magistrate Judge Garfinkel treats settlement conferences very seriously. Prior to scheduling a settlement conference, he generally has a pre-settlement telephone conference with counsel to set a date for the settlement conference and to discuss what information needs to be exchanged and anything else that needs to be accomplished prior to the conference so that settlement discussions will be productive. He requires ex parte memoranda to be submitted five business days prior to the settlement conference to acquaint him with the case. Client attendance is required at the settlement conference, unless previously excused. If a party is a legal entity, attendance by a representative of the party, who is fully authorized to decide all matters pertaining to the case, is required. The conferences are often conducted in a “tag team” approach. Counsel are reminded that the scheduling of a settlement conference does not modify existing deadlines unless the Court has entered a separate order to that effect for good cause. If a case is not resolved during the settlement conference, Magistrate Judge Garfinkel encourages counsel to continue their discussions and to communicate with him by letter or email.
Magistrate Judge Garfinkel normally conducts trials from 10:00 a.m. to 5:00 p.m. Lunch is generally from 1:00 p.m. to 2:00 p.m. He also takes a short mid-morning break and mid- afternoon break.
Magistrate Judge Garfinkel holds trial Monday through Friday.
Magistrate Judge Garfinkel imposes no fixed time limitations for trial.
Magistrate Judge Garfinkel does not impose any time limitations for individual examination of witnesses.
Magistrate Judge Garfinkel always permits opening statements in both jury and bench trials. Magistrate Judge Garfinkel does not impose set time limits on opening statements but does discuss the anticipated length of the opening statements with counsel in advance. Magistrate Judge Garfinkel does permit objections during opening statements, although they are disfavored and should be used sparingly.
Magistrate Judge Garfinkel always permits closing arguments. While he does not impose timelimits on closing statements, he does discuss the anticipated length of closing statements with counsel in advance. The party with the burden of proof may reserve part of his or her time for rebuttal. Once again, objections are permitted but disfavored. Magistrate Judge Garfinkel gives copies of the jury charge and verdict form to counsel in advance of their closing arguments and permits them to refer to the charge in their arguments.
Magistrate Judge Garfinkel permits demonstrative exhibits but does not allow them to go to the jury except by agreement of counsel.
Magistrate Judge Garfinkel requires the exchange of pre-marked exhibits prior to trial. Counsel should attempt to stipulate to the admissibility of exhibits. In an effort to make the trial run as smoothly as possible, at the start of trial the Judge usually admits all exhibits to which there is no objection into evidence as full exhibits. To the extent that there are objections to the admissibility of an exhibit, those objections should be addressed prior to trial if at all possible.
All exhibits must be pre-marked. Plaintiff’s exhibits should begin with the number “1” and Defendant’s exhibits with the number “500.” Counsel are encouraged to attempt to avoid duplication of exhibits. All original exhibits should be provided to the courtroom deputy. Counsel should also prepare a notebook containing all proposed exhibits for the Judge and another notebook for his law clerk. Exhibits in the notebooks should be tabbed for ease of reference. Additionally, counsel should have at least one additional copy of each exhibit for the witness.
Magistrate Judge Garfinkel conducts hearings on procedural motions outside of the presence of the jury, usually either before or after court. Magistrate Judge Garfinkel discourages sidebar conferences and conducts them as little as possible.
Magistrate Judge Garfinkel requires a short, stated reason for an objection, but does not permit speaking objections. He is generally looking for one or two words as the basis for the objection.
Jury profiles are provided to counsel by the Clerk’s Office just prior to jury selection.
In civil cases, Magistrate Judge Garfinkel usually selects eight jurors, although more may be selected in a particularly lengthy trial. All are full jurors with no alternates. Proposed voir dire questions are to be submitted in advance as part of the joint trial memorandum. Magistrate Judge Garfinkel will ask those questions he deems appropriate. Magistrate Judge Garfinkel conducts the voir dire himself but permits follow-up questions by counsel if proposed to him at sidebar. Magistrate Judge Garfinkel addresses the voir dire questions to sixteen members selected at random from the jury pool, who will be seated in the jury box. As potential jurors are excused for cause, they will be replaced by additional members from the venire. Potential jurors will also receive a short questionnaire about themselves, their family, employment, prior jury service, etc. The potentials jurors in the jury box will provide oral responses to these questions. If a particularly sensitive matter needs to be addressed with a potential juror, that will be done at sidebar. Challenges for cause are also conducted at sidebar. Magistrate Judge Garfinkel uses the strike method for peremptory challenges, with each side generally getting four challenges. Magistrate Judge Garfinkel permits lawyers to serve on a jury.
Magistrate Judge Garfinkel usually gives a brief opening statement about the case and the law so that the jurors may better understand the issues in the case.
Magistrate Judge Garfinkel encourages counsel to provide full exhibits to jurors in notebooks so that they may refer to the exhibits when needed.
Magistrate Judge Garfinkel permits jurors to take notes but does not allow them to ask questions. He does not permit the jurors to share their notes with other jurors, and specifically instructs the jurors that they must rely on their recollection of the testimony as they heard it, as opposed to any notes they have written.
Magistrate Judge Garfinkel requires counsel to submit proposed jury instructions and a proposed verdict form with the joint trial memorandum. He believes jury instructions are a facet of trial to which counsel should devote greater attention than they often do. In preparing instructions, counsel are asked to focus on the substantive legal issues in the case. They need not submit instructions on routine or standard portions of the charge for which the Judge has already developed appropriate instructional language. Magistrate Judge Garfinkel provides a printed copy of the jury charge to the jurors for their use during deliberations. Magistrate Judge Garfinkel will conduct a pre-charge conference before giving the charge to the jury and will provide counsel with a copy of the final charge before their closing arguments.
Magistrate Judge Garfinkel does not permit direct communication by the lawyers with the jurors, but he does speak informally with the jurors himself after the case and will pass along comments to counsel that he deems appropriate and that may be of benefit to counsel in future trials.
Magistrate Judge Garfinkel encourages the parties to submit motions in limine and to resolve as many issues as possible prior to trial. He generally requires motions in limine to be submitted with the joint trial memorandum and, if they are not, the party must explain why and demonstrate that no undue prejudice has resulted.
Magistrate Judge Garfinkel encourages the use of new technology in his courtroom. Counsel are required to contact the Clerk's Office to arrange for a courtroom set-up that is appropriate for the requested technology. All request for courtroom technology must be received by the Clerk's Office at least two weeks prior to the scheduled hearing. The form for such requests may be found here: Courtroom Technology Request Form. When a party seeks to use new technology, the stipulation of opposing counsel is beneficial. The use of any technology is subject to the final approval of the court.
Magistrate Judge Garfinkel generally places the party with the burden of proof closer to the jury. He discourages colloquy between counsel and requires them to address their comments to the court. Magistrate Judge Garfinkel prefers that counsel request permission before approaching the bench or a witness; however, permission will almost always be granted. Absent some physical infirmity, he generally requires counsel to stand to raise objections. He disfavors mid-question objections but understands that in certain instances they are necessary. He permits lawyers to conduct examinations of witnesses from whatever position in the courtroom they feel most comfortable.
Magistrate Judge Garfinkel's procedures are generally the same in bench trials as jury trials. However, he asks more questions in bench trials. In bench trials, he encourages offers of proof and stipulations of facts. In general, he has few rules, and any rules he does have are subject to modification at the request of counsel. In a bench trial, he may require the parties to submit proposed findings of fact and conclusions of law either prior to or after the trial. Magistrate Judge Garfinkel accepts faxes and emails and attempts to take conference calls wherever possible to resolve discovery disputes and the like. He discourages discovery motions and prefers prompt informal resolution of disputes.
Social Security Scheduling Order
