Communications with the Court

To safeguard the rule against ex parte communications, and to further the public’s interest in pending court proceedings, Judge Russell does not review letters sent by a party (whether they be addressed to the Clerk of Court or the judge herself), and instead asks that the Clerk of Court return any such letters to the sender. This policy is designed to avoid ex parte communications, and to ensure proper documentation of filed materials.

Communications to the court should be docketed as a motion for specific relief, or as a notice of specific information. The motion or notice should have a caption that includes the name of the case and the case number, and should comply with the Federal Rules of Civil Procedure and the District of Connecticut Local Rules (particularly Local Rule 7, which addresses several common motions). Only motions or notices that comply with the Rules will be filed on the docket and will be reviewed by the judge.

Rule 26(f) Report and Length of Discovery Period

Judge Russell considers the filing of Rule 26(f) Reports to be critical to the efficient administration of litigation. If a Rule 26(f) Report has not been filed within the time required by the rules, a notice shall be generated by her Courtroom Deputy for failure to comply.

The Rule 26(f) Report should provide the Court with a meaningful overview of the case and should serve as a vehicle for parties to consider: the factual and legal nature and basis for the claims and defenses asserted or to be asserted; the possibilities of settlement; and the desired discovery. Judge Russell independently determines whether a scheduling conference with the Court is necessary, but she will take into account whether the parties have requested a scheduling conference in their Rule 26(f) Report.

Provided counsel are reasonable and efficient in the selection of deadlines for the completion of discovery and the filing of dispositive motions, the Rule 26(f) Report will usually serve as the basis for the initial scheduling order in the case. Generally, Judge Russell prefers that the parties propose a schedule that will allow for the close of all discovery between six to nine months from the date of the filing of the Rule 26(f) Report. If the parties believe that more than nine months is required to complete discovery, then they should explain why additional time is needed. Absent an explanation from the parties why more than nine months is needed, Judge Russell may enter an order to complete discovery at the end of nine months even if the parties have requested additional time. Once a scheduling order is entered, Judge Russell expects parties to follow the schedule and will modify it only upon a showing of good cause.

Rule 26(f) Reports must include actual deadline dates, even if such deadlines are tied to earlier events in a case.

Motions for Extension of Time

Judge Russell requires that any motions for extension of time be filed strictly in accordance with D. Conn. Local Rule 7(b), which requires that any motion be filed at least three business days in advance of the due date; that it reflect the opposing party’s position on the motion; that it indicate the number of motions for extension of time the movant has previously filed with respect to the same time limitation; and that it establish particularized good cause for the extension request. Counsel should include the specific date to which they seek an extension. Motions for extension of time that do not comply with D. Conn. Local Rule 7(b) may be denied.

Discovery

Judge Russell may decide discovery disputes herself or may refer them to a U.S. Magistrate Judge.

Even after a discovery dispute has been briefed, Judge Russell expects the parties to continue to attempt to resolve the dispute themselves prior to Court intervention.

Chambers Courtesy Copies for Civil Case Filings By Counsel

Unless otherwise ordered, within three business days after a document is filed electronically by counsel in a civil matter, counsel must provide chambers with two paper copies of the following e-filed documents, including all exhibits and attachments:

1. Applications for temporary restraining orders, preliminary injunctions or prejudgment remedies, including all memoranda of law and all exhibits;
2. Dispositive motions, memoranda in support, briefs in opposition, and replies;
3. Proposed voir dire and jury instructions;
4. Joint Trial Memoranda;
5. Trial briefs, including proposed findings of fact and conclusions of law and all exhibits;
6. Any other motion-related filing that exceeds 25 pages; and
7. Any filing with significant exhibits in color.

Chambers copies may be printed double-sided. All chambers copies should be printed from the docket and should bear the ECF header of the Court’s electronic filing system. All chambers copies must be properly ordered and tabbed. Any chambers copy that cannot be securely stapled must be placed in a three-ring binder.

Chambers copies of brief, routine procedural motions should not be provided to chambers unless requested.

Chambers copies delivered via mail, FedEx, or UPS shall be addressed to: Chambers of The Hon. Sarah F. Russell; United States District Court; 915 Lafayette Boulevard – Suite 266; Bridgeport, Connecticut 06604. Chambers copies that are hand-delivered by a representative of a party shall be delivered to: Hon. Sarah F. Russell, c/o Clerk’s Office, United States District Court; 915 Lafayette Boulevard; Bridgeport, Connecticut 06604.

Letter Briefs and Sur-reply Briefs

Judge Russell does not allow letter briefs or sur-reply briefs. In lieu of filing a letter brief, a party should file a formal motion. If a lawyer wants to call the Court’s attention to new authority, the lawyer should file a notice of supplemental authority on the docket.

Oral Arguments on Motions

Judge Russell believes in the value of oral argument and often schedules oral argument on dispositive motions. In deciding whether to hold oral argument, Judge Russell gives strong consideration to whether the parties have requested argument. If Judge Russell concludes that oral argument would not be helpful, then she may rule on a dispositive motion without oral argument.

If a party intends to use a PowerPoint or other exhibits that were not previously filed on the docket during an oral argument, the presentation and/or new exhibits must be shared with opposing counsel at least twenty-four hours in advance of the oral argument. Counsel will generally be prohibited from using any presentation and/or exhibits that are not disclosed by this deadline.

Junior members of legal teams representing clients are invited to argue motions 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, Judge Russell believes that they should be encouraged to speak. To facilitate this practice, Judge Russell is amenable to permitting a second, senior lawyer to argue as well for one party (if deemed necessary), if this will create an opportunity for a junior lawyer to participate. The ultimate decisions of who speaks on behalf of the client are for the lawyer in charge of the case, not the Court.

Settlement Conferences

Judge Russell encourages the parties to discuss settlement as soon as possible. Nearly all civil cases settle, and, at some point in this case, the Court will refer the parties to a U.S. Magistrate Judge to explore the potential for settlement. The sooner the parties look seriously at the possibility for settlement, the less expensive the litigation will be for the parties. The Court understands that sometimes it is necessary to conduct some discovery before the parties can engage in productive mediation. If this is such a case, the Court encourages the parties to discuss exchanging limited discovery before engaging in a formal settlement conference. But the parties may begin settlement discussions at any time, on their own, through a private mediator, or with the assistance of a U.S. Magistrate Judge.

The parties are advised that the Magistrate Judges may not be able to conduct settlement discussions on short notice. Accordingly, counsel should seek a referral for settlement discussions at the earliest possible date. To do so, counsel for any party may file a brief motion for a referral to a Magistrate Judge, representing that counsel for all parties have conferred and agree that such a referral would be appropriate.