Chambers Practices of
The Honorable Robert N. Chatigny
United States District Judge

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.

TRIAL PREFERENCES

Hours of Day for Trial
Trials are conducted from 9:00 a.m. to 4:30 p.m.

Days of Week for Trial
Trials are conducted Monday through Thursday.

Time Limitations for Trial
Judge Chatigny does not impose any strict limitations regarding the length of the trial. At the final pretrial conference he reviews with counsel the estimated time for each witness and develops a reasonable estimate for the length of the trial with them. He believes that it is important to give the prospective jurors an accurate estimate as to the length of the trial.

Time Limitations for Individual Examinations of Witnesses
During his preliminary jury instructions, Judge Chatigny informs the jurors that they should expect to hear a direct examination, a cross-examination, and if necessary a redirect examination. Lawyers should not expect to engage in re-cross-examination, but this is a rebuttable presumption. If a lawyer asks for re-cross, and if it appears reasonable under the circumstances, the judge will probably grant it.

Opening Statements
If the parties request an opportunity to make a concise, non-argumentative opening statement, he will grant their request. The opening statement should be used merely to inform the jurors what is coming, not to make arguments. He does not believe the local rule should be changed to entitle opening statements because it will merely induce parties to make the statements when they really don't need them (e.g. simple one - or two-day trials).

Closing Arguments
Judge Chatigny usually grants each party one hour to make a final argument. The plaintiff typically reserves fifteen minutes for rebuttal. The judge expects the rebuttal to be a genuine rebuttal, not an opportunity to hide the ball until the end. He does not put a watch on the parties, but relies upon their good-faith effort to keep within the one-hour limit.

Demonstrative Exhibits
Blow-ups, advocacy diagrams, etc. do not come into evidence unless the parties agree.

Moving Exhibits into Evidence
At the final pretrial conference an effort will be made to resolve all evidentiary issues. If an exhibit is approved at that conference, it is pre-marked and becomes a full exhibit. Counsel does not need to move it into evidence thereafter. If the judge reserves a ruling on a particular exhibit, the parties must move it into evidence during the trial.

Pre-marking of Exhibits
The pretrial order requires the parties to pre-mark their exhibits.

Procedural Motions and Arguments
At the final pretrial conference, the judge stresses the obligations of counsel to use the jury's time efficiently. He directs counsel to raise procedural issues and arguments with him before or after the trial day or during breaks. He understands that unexpected disputes may arise, but he expects them to be kept to a minimum.

Objections
Judge Chatigny does not want arguments in front of the jury. The objecting party should stand to be recognized and then concisely indicate the nature of the objection (e.g. "relevance," "hearsay," etc.). The rule does not need to be recited in the objection. The opposing counsel will then be asked to respond. Again, the judge is looking for a concise response rather than an argument.

Jury Profiles
The software program employed by the clerk's office does not allow the distribution of detailed juror profiles.

Jury Selection
Judge Chatigny will ask the voir dire questions that have been submitted. Thereafter, he will invite counsel to follow up with their own questions, directed either to individual venire members or to the whole panel.

Jurors in a Civil Case
Eight jurors are selected with no alternates unless specifically requested due to the length of the trial.

Juror Notebooks
Juror notebooks are allowed if they are provided by the parties.

Juror Notes
Juror notes are allowed; the court provides steno pads and pencils.

Jury Charge
In certain circumstances, the jury charge is provided in writing to the jury.

Post-verdict Communications with Jurors
Judge Chatigny has not been asked to give approval for post-verdict communications -- and he would be reluctant to do so.

Motions in limine
Motions in limine are specifically called for in the pretrial order and are decided at the final pretrial conference.

Technology
Counsel are encouraged to work with the court's systems personnel regarding facilities.

Counsel Placement in Court
Counsel are encouraged to stand behind the podium because the acoustics in the courtroom are not good and using the microphone on the podium is helpful. Nevertheless, counsel may, with the court's permission, approach the witness or the jury in connection with their examinations.