Pretrial Preferences

Oral Argument on Motions

Judge Eginton does not have a regular motion calendar and only hears oral argument when he believes it is necessary to obtain additional information to decide the motion properly. He will hear oral arguments as his schedule permits. A request for oral argument does not affect the timing of decisions.

Junior members of legal teams representing clients are invited to argue motions that they have helped prepare. Opportunities to train young attorneys in oral advocacy are rare. Where junior lawyers are familiar with the matter under consideration, but have little experience arguing before a court, they should be encouraged to speak by the presiding judge and the law firms involved in the case. This court is amenable to permitting a second, senior lawyer to argue for one party (if deemed necessary) if this creates an opportunity for a junior lawyer to participate. The ultimate decision of who speaks on behalf of the client is for the lawyer in charge of the case, not the court.

Referral to Magistrate Judges/Special Masters

Magistrate Judge Spector is paired with Judge Eginton. Judge Eginton seldom refers dispositive motions but is likely to refer settlement conferences. He handles temporary restraining order applications himself but, depending on his schedule, often sends preliminary injunction hearings to the magistrate judge, especially if he is successful in having the preliminary and permanent injunctions consolidated.

Rulings from the Bench

Judge Eginton rules from the bench when appropriate.

26(f) Reports

Judge Eginton favors Rule 26(f) conferences but is inclined to let attorneys set their own schedules. He will not get involved unless the attorneys cannot agree among themselves. He will modify a Rule 26(f) schedule if the parties agree on the modification.

Resolution by Conference Call

Judge Eginton welcomes conference calls when appropriate.

Sur-reply Briefs

Judge Eginton does not put any limits on the number of briefs he will consider; he leaves that to the attorneys' discretion.

Letter Briefs

Judge Eginton will receive letter briefs so long as all parties are copied.

Chambers' Copies

Chambers copies are required of any pleading, including attachments, that is longer than twenty (20) pages.

Motions for Extension of Time

Judge Eginton does not like to receive an excessive number of motions for extension of time but will generally grant them, particularly if opposing counsel has no objection, unless it appears that an attorney is abusing the privilege.

Motions for Reconsideration

Judge Eginton has no special rules or procedures for motions for reconsideration.

Special Proceedings

Judge Eginton will handle temporary restraining order applications himself.

Joint Trial Memoranda

Judge Eginton uses his own pretrial order and does not require joint trial memoranda.

Lawyer Affidavits

Judge Eginton has no special requirements or procedures for lawyer affidavits.

Dispositive Motions

Judge Eginton does not favor pre-filing conferences and believes that the lawyers in this district generally know when it is appropriate to make a dispositive motion.

Discovery

Judge Eginton usually refers discovery matters to a magistrate judge or decides matters himself on the papers.

Settlement

Judge Eginton generally refers settlement conferences to Magistrate Judge Fitzsimmons.