Donald L. Graham

Contacting chambers

Contact chambers if a ripe motion or a decision after oral argument or a bench trial remains pending for more than 45 days.

“In this Division, if a ripe motion or decision after oral argument or a bench trial is pending for more than forty-five (45) days, please contact Chambers and advise the Judicial Administrator of the pendency of the motion.”

Filing

Send a proposed order with every motion in Word or WordPerfect format by separate email to chambers.

“Include a proposed order with all motions in accordance with the CM/ECF Administrative Procedures. The proposed document should be sent separately by e-mail in WordPerfect or Word format.”

Filing

After electing magistrate judge jurisdiction for all further proceedings, mark later pleadings CONSENT CASE in bold below the case number.

“If the parties elect to have a United States Magistrate Judge conduct any and all further proceedings in the case, including trial, please have all pleadings filed thereafter indicate that election by typing ‘CONSENT CASE’ in bold type under the case number.”

Motions

Requests to extend, continue, or enlarge time are rarely granted.

“Motions to Extend, Continue or Enlarge will rarely be granted.”

Motions

An extension motion must list the motions deadline, pretrial conference, calendar call, trial period, prior extension requests, and whether it was referred to a magistrate judge.

“For all motions requesting extensions of time, the moving party should type on the middle right hand side of the pleading, the deadline for filing motions, the date of the pretrial conference, calendar call and trial period, if applicable. Also, advise the number of times requests for extensions of time have been filed and whether the motion has been referred to the Magistrate Judge.”

Motions

Only one motion to extend per party will be considered.

“In other words, no more than one Motion to Extend per party will be considered.”

Motions

For appropriate motions, give the opposing parties’ positions and specify the manner, dates, and number of attempts to confer.

“Please indicate with specificity the manner in which reasonable efforts were initiated (via facsimile, e-mail or voice-mail), the dates of such efforts, and the number of times an inquiry and follow up on the response to the inquiry was sought.”

Discovery

Request any extension of the discovery deadline at least ten days before it expires, after trying to obtain the discovery and resolve the dispute.

“Do not request extensions of the discovery deadline without making every effort to obtain discovery and resolve discovery disputes. Any requests to extend the discovery deadline must be made at least ten (10) days before the expiration of the discovery deadline.”

Discovery

In civil cases assigned to Graham, do not file written discovery motions; use the linked discovery procedures.

“Parties are directed to not file written discovery motions. Rather, they must follow these discovery procedures.”

Discovery

Before seeking a discovery hearing, counsel must confer in person or by phone and genuinely try to resolve the dispute.

“First, counsel must actually confer (in person or via telephone) and engage in reasonable compromise in a genuine effort to resolve their discovery disputes before seeking court intervention.”