Oral Arguments on Motions

Oral argument on motions are scheduled at the Judge’s discretion. If either party feels strongly that oral argument is necessary, that party should request oral argument in a letter accompanying the motion. Judge Spector does not have set days for oral argument on motions and will try to accommodate the attorneys’ schedules.

Due to the decline of trials, opportunities to train junior lawyers in courtroom skills have become increasingly rare. Accordingly, where less experienced lawyers are familiar with the matter under consideration but are not accustomed to arguing before a court, they are encouraged to actively participate in oral arguments. Should less experienced attorneys wish to avail themselves of the opportunity to argue, Judge Spector is amenable to hearing argument from more than one attorney per party.

Referral to Other Magistrate Judges

In cases assigned to Judge Spector for all purposes, it may be necessary to request that another Magistrate Judge conduct a settlement conference.

Rulings from the Bench

Judge Spector occasionally rules from the bench, particularly in discovery disputes or where a prompt resolution is necessary.

26(f) Reports

Judge Spector expects counsel to give serious consideration to the dictates of Local Rule 26(f). Provided that counsel are reasonable and efficient in their selection of deadlines for the completion of discovery and the filing of dispositive motions, the Rule 26(f) report typically serves as the basis for the initial scheduling order in the case. Once it is set, the schedule for completing discovery, filing dispositive motions, and filing a joint trial memorandum shall not be modified except by further order of the Court on a showing of “good cause,” as that term is defined in Local Rule 16(b). In the event that a scheduling dispute arises, Judge Spector typically endeavors to resolve it via telephonic conference with counsel.

Discovery Disputes

Although Judge Spector accepts letters filed on CM/ECF that summarize discovery disputes and endeavors to resolve such disputes on an informal basis where possible, he generally prefers to resolve discovery disputes viaz on-the-record video conferences. Where appropriate, in advance of the video conference, Judge Spector will set a briefing schedule for the filing of memoranda detailing the discovery dispute. When discovery disputes are referred to Judge Spector, he will follow any procedures that a District Judge may have established when issuing the discovery referral. When discovery disputes emerge in a case that has been assigned to Judge Spector for all purposes, or in a case referred by a District Judge who has not specified a procedure for resolving them, such disputes should be raised either by written motion that complies with Local Rule 37 or by filing of a joint status report that details the discovery dispute requiring resolution. Judge Spector does not accept telephone calls regarding discovery disputes, except in emergency situations (e.g., a deposition impasse with out-of-state deponents) and with counsel for all parties on the line.

Sur-Reply Briefs

Judge Spector discourages the filing of sur-reply briefs. Accordingly, sur-reply briefs may not be filed without prior permission of the Court upon a request by motion. Where a sur-reply is permitted, it should be concise. Should new controlling case law be decided after briefing has concluded, Judge Spector prefers that a party inform him of this in a short letter brief filed on the docket so that the other party has an opportunity to respond.

Letter Briefs

Judge Spector prefers that all requests for relief be made by motion docketed on CM/ECF and/or orally on the record.

Chambers’ Copies

Judge Spector does not accept courtesy copies of any pleading or motion filed electronically.

Motions for Extension of Time

Motions for extension of time should not be filed routinely and must comply with Local Rule 7(b). Failure to comply with this Rule may result in summary denial of a motion. Motions for extension of time will be granted only upon a showing of good cause and should be filed at least three days prior to the deadline sought to be extended, as required by Local Rule. Motions filed on or immediately prior to the deadline sought to be extended may be denied unless counsel articulates a compelling reason for not seeking the extension sooner.

Motions for Reconsideration

Motions for reconsideration should be filed timely and sparingly, and only in situations where there is a persuasive reason or a precedent that the Court overlooked that might convince the Court to change its mind. Such motions must cite the law applicable to reconsideration and concisely present a basis for the motion.

Special Proceedings

Judge Spector does not grant pre-judgment remedies or preliminary injunctions on an ex parte basis; rather, counsel are encouraged to attempt to resolve these matters on their own. Should an evidentiary hearing become necessary, the Court will issue a scheduling order.

Settlement

Judge Spector treats settlement conferences very seriously. Prior to scheduling a settlement conference, Judge Spector holds a pre-settlement telephonic conference with counsel to set a date for the settlement conference, to discuss any information that needs to be exchanged, and to resolve any outstanding issues prior to the conference so that settlement discussions will be productive. After the pre-settlement conference, a detailed order will issue, directing the parties to submit ex parte memoranda at least seven days prior to the settlement conference so that Judge Spector can familiarize himself with the case. The parties are required to exchange offers and demands in advance of the settlement conference. Any party with a claim for damages must provide a comprehensive damages analysis to opposing counsel and the Court prior to the settlement conference. Settlement conferences are typically conducted via video conference, but they may be conducted in person upon request of the parties. Unless Judge Spector indicates otherwise, all parties are required to appear personally at the settlement conference, including representatives with settlement authority for government, corporate, and other legal entities. 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, Judge Spector encourages counsel to continue their discussions and to contact the Court should they wish to schedule a continued settlement conference.