Chambers Practices of
The Honorable Holly B. Fitzsimmons
United States Magistrate Judge

Magistrate Judge Fitzsimmons is paired with Judges Nevas, Hall, and Eginton.

PRETRIAL PREFERENCES

Oral Argument on Motions
Magistrate Judge Fitzsimmons schedules oral argument when she has questions or issues not adequately addressed in the briefs. She does not want a summary of what has already been briefed. Magistrate Judge Fitzsimmons often schedules oral argument on dispositive motions, when, after reviewing the materials, she believes that argument would assist in rendering her decision. She has held oral arguments over the telephone, but finds this practice difficult because of problems with court reporting. She warns, however, that scheduling oral argument can be time-consuming and may delay the ultimate resolution of the motion. She requires oral argument on unresolved discovery disputes.

If the parties want a telephonic argument transcribed, they should make arrangements in advance with chambers.

Referral to Magistrate Judges/Special Masters
Not applicable.

Rulings from the Bench
Magistrate Judge Fitzsimmons often rules orally on discovery and evidentiary matters. A magistrate judge must write an opinion whenever a dispositive motion is referred from a district judge.

26(f) Reports
Magistrate Judge Fitzsimmons urges parties to be realistic as to the time periods scheduled. She will get actively involved in case management if the parties are not cooperating. On particularly complex and/or contentious cases, she is willing to meet with counsel monthly.

Resolution by Conference Call
Magistrate Judge Fitzsimmons prefers to resolve discovery disputes by conference call. In fact, she encourages telephone calls rather than formal motions. She will take phone calls from lawyers in the course of a deposition to resolve disputes immediately. She suggests that if counsel believe there will be a problem at a scheduled deposition, they should call beforehand to increase the likelihood that she will be available when needed.

Sur-reply Briefs
Magistrate Judge Fitzsimmons wants to receive sur-reply briefs "seldom or never." If an additional brief needs to be filed, the party should move for permission and attach the brief. If the party simply needs to advise the court of a decision that has issued in the interim, a very short letter brief is sufficient.

Letter Briefs
Magistrate Judge Fitzsimmons does not discourage very short letter briefs simply advising her of new authority. Counsel should ensure that any letter brief is docketed by the clerk's office, especially if it seeks relief of any kind. She also usually requires a short letter brief addressing specific discovery dispute issues when those matters are scheduled for oral argument (see "Discovery" section).

Chambers' Copies
Magistrate Judge Fitzsimmons requires chambers' copies of filings with the court.

Motions for Extension of Time
Magistrate Judge Fitzsimmons urges lawyers to be realistic about the time required to meet a deadline. She prefers to have longer time periods in the scheduling order and to have those deadlines met rather than to have unreasonably short time constraints with motions for extensions of time thereafter.

Motions for Reconsideration
Magistrate Judge Fitzsimmons has no special rules or procedures for motions for reconsideration.

Special Proceedings
Magistrate Judge Fitzsimmons has no particular practices for special proceedings, but she urges lawyers seeking a pre-judgment remedy to review the statute and meet its requirements.

Joint Trial Memoranda
Magistrate Judge Fitzsimmons believes that proposed jury instructions are very important, and that they should be submitted on disk or via e-mail as early as possible. Chambers will provide a copy of her standard charges upon request. Counsel should concentrate their efforts on the substantive charges.

Lawyer Affidavits
Magistrate Judge Fitzsimmons has no requirements or procedures for lawyer affidavits.

Dispositive Motions
Magistrate Judge Fitzsimmons has no special rules regarding dispositive motions. She believes that, in the context of dispositive motions, "more is less." Counsel should present their cases concisely and should include citations to specific pages and lines where supporting facts may be found. Unreported cases should be copied and attached. Counsel should not make personal attacks on opposing counsel in motions.

Magistrate Judge Fitzsimmons is not as concerned with the format of submitting evidence supporting summary judgment motions but rather with the volume. She believes that a relatively short brief with fewer evidentiary submissions is more compelling. When a transcript is submitted in support of a motion (dispositive or not), counsel should clearly identify the relevant portion of the transcript. She finds that often too many pages of transcript are provided without enough direction as to what is important.

Discovery
Magistrate Judge Fitzsimmons has a unique procedure for resolving discovery conflicts. She holds oral argument once a month on all discovery disputes before her. Parties must appear for argument. Usually ten to twenty items are placed on the calendar, and half of those are resolved prior to argument. She usually requires a short letter addressing the specific discovery issues and prefers that these matters not be marked over to the next calendar. If there is a particularly intractable case where counsel are unable to resolve the issues, she favors regular meetings with trial counsel and discourages the filing of additional motions.

Settlement
Judges Nevas, Hall, and Eginton often refer matters to Magistrate Judge Fitzsimmons for settlement.

For counsel from the northern part of the state, it is often possible to schedule conferences that do not require a record at the federal courthouse in Waterbury. Counsel interested in the alternate location should request it when scheduling a conference.

TRIAL PREFERENCES

Hours of Day for Trial
Typically, Magistrate Judge Fitzsimmons' hours for trial are 10:OO a.m. to 5:00 p.m. with a one-hour break for lunch, as well as a fifteen-minute break in both the morning and afternoon session. If the case in front of her is scheduled to be tried for an extensive period of time, Magistrate Judge Fitzsimmons is open to suggestions from counsel as to alternative schedules. When the jurors actually undertake deliberations, Magistrate Judge Fitzsimmons will yield to the jury's request as to extending the hours of the court day for their deliberations.

Days of Week for Trial
Trials are held Monday through Friday. As with the hours of the day for a trial, in the event of an extremely long trial, Magistrate Judge Fitzsimmons welcomes suggestions from counsel about the schedule.

Time Limitations for Trial
Prior to scheduling the trial, Magistrate Judge Fitzsimmons will seek an estimate from counsel as to the length of time necessary for the matter.

Time Limitations for Individual Examination of Witnesses
Magistrate Judge Fitzsimmons does not impose any general time limitation on the examination of a witness. Where counsel feels that an examination is excessive, the issue can be raised with the court and will be addressed at that time.

Opening Statements
As a matter of general policy, Magistrate Judge Fitzsimmons does not allow opening statements in jury trials. Typically, she asks counsel to present written statements which briefly outline the causes of action and defenses raised in the pleadings. She then reviews the parties' suggestions and finalizes an opening statement which she reads to the jury. In extraordinary circumstances, Magistrate Judge Fitzsimmons will entertain a request for opening statements as provided under the Local Rules. This is a case-by-case determination.

Closing Arguments
Generally, Magistrate Judge Fitzsimmons asks counsel to inform her of the length of their closing statements. Typically, closing statements range from a half hour to an hour. Magistrate Judge Fitzsimmons will often determine whether, given the nature of the case, the estimate proposed by counsel is reasonable under the circumstances. The length of closing statements is open for discussion.

Demonstrative Exhibits
Magistrate Judge Fitzsimmons has no per se rule against the use of demonstrative exhibits at trial. Their final use is subject to any objections and arguments raised by opposing counsel.

Moving Exhibits into Evidence
To expedite the trial, Magistrate Judge Fitzsimmons' pretrial order requests that all exhibits be pre-marked. The judge encourages counsel to stipulate in advance to the admission of non objectionable exhibits.

Pre-marking of Exhibits
Pre-marking is required under Magistrate Judge Fitzsimmons' pretrial order.

Procedural Motions and Arguments
The requirements with respect to procedural motions and arguments are covered by Magistrate Judge Fitzsimmons' pretrial order. Memoranda of law must be provided along with the parties' pretrial submission.

Objections
Magistrate Judge Fitzsimmons does not permit speaking objections from counsel. Rather, counsel should state the basis of their objection and, if necessary, further argument will be heard outside the presence of the jury during a break. Magistrate Judge Fitzsimmons is not receptive to sidebars and will permit them only under extraordinary circumstances.

Jury Profiles
Jury profiles are provided by the clerk's office just prior to jury selection.

Jury Selection
Magistrate Judge Fitzsimmons' pretrial order requires counsel to submit proposed voir dire questions to her prior to jury selection. She reviews these submissions and asks those questions she deems appropriate under the circumstances of the case. As with the majority of federal court judges in Connecticut, Magistrate Judge Fitzsimmons voir dires the entire jury pool. If necessary, counsel can approach Magistrate Judge Fitzsimmons for specific follow-up questions they believe are appropriate under the circumstances. Where the questions proposed in voir dire or the circumstances of the case require, Magistrate Judge Fitzsimmons permits jurors to come forward to the bench to state, in a more personal setting, their responses to various questions. Jury selection can typically involve more than one case or can be a "pick-and-go," depending on the court's docket.

Jurors in a Civil Case
Magistrate Judge Fitzsimmons typically utilizes eight civil jurors, including two alternates. All eight will deliberate on the verdict. Where the case is particularly lengthy in nature, Magistrate Judge Fitzsimmons will request that counsel pick more than eight jurors in the event of juror dropout due to illness or some other cause.

Juror Notebooks
Magistrate Judge Fitzsimmons permits the use of juror notebooks as long as counsel supplements the notebook with evidence only after it has been properly admitted.

Juror Notes
Magistrate Judge Fitzsimmons permits jurors to take down notes during the course of a trial. She does not permit the jurors to share those notes with other members of the panel, and specifically directs the jurors that they must rely on their recollection of the testimony as they heard it, as opposed to any notes they have written.

Jury Charge
Magistrate Judge Fitzsimmons provides a printed copy of the jury charge to the jurors for their use during deliberations. The pretrial order requires counsel to submit proposed charges and special interrogatories prior to the close of evidence. Typically, Magistrate Judge Fitzsimmons conducts a pre-charge conference the night before she is to give the charge to the jury. Magistrate Judge Fitzsimmons then conducts a final charging conference with counsel on the day of the jury charge.

Post-verdict Communication with Jurors
Post-verdict communications are covered by the District of Connecticut Local Rules of Civil Procedure. The judge often conducts an informal discussion with the jurors after their final deliberations. She then relays, to the extent she believes appropriate, any comments made that will be of particular benefit to counsel in future trials.

Motions in limine
Motions in limine are governed by Magistrate Judge Fitzsimmons' pretrial order. Memoranda must be submitted along with the parties' pretrial submissions.

Technology
Magistrate Judge Fitzsimmons is particularly fond of the use of technology in her courtroom. Counsel are required to seek permission from chambers to arrange for a courtroom set-up that is appropriate for the requested technology. Counsel are encouraged to contact chambers early to make these arrangements. 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. Counsel Placement in Court Plaintiffs counsel is closest to the jury box in Magistrate Judge Fitzsimmons' courtroom. During the course of trial, counsel should situate themselves near an available microphone.

Miscellaneous
Magistrate Judge Fitzsimmons does not accept faxes from counsel. Faxes may only be utilized in extraordinary circumstances with advance permission of the court. Magistrate Judge Fitzsimmons also has a specific rule with respect to second chair attorneys. Any second chair attorney is required to examine at least one witness during the course of a trial. Magistrate Judge Fitzsimmons does not have any set rule regarding the identification of attorneys in large law firms during jury selection. Magistrate Judge Fitzsimmons directs counsel to use their discretion and seek the court's input for the identification of local offices only. Finally, Magistrate Judge Fitzsimmons permits individual jurors to ask questions during trial by submitting written questions to the court that are then given to the lawyers. If the questions are not objectionable and the lawyers do not ask them, Magistrate Judge Fitzsimmons will ask the questions of the witness. The other jurors will not be alerted to the fact that one of their colleagues on the jury actually posed the question.