Staff Information
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Courtroom
Judicial Preferences
1. Familiarity with Applicable Rules
The Court expects all lawyers who appear before it to be familiar with and abide by the Federal Rules of Civil Procedure, Federal Rules of Criminal Procedure, Local Rules of the United States District Court for the Eastern District of Tennessee, standing orders, these preferences, and local standards of practice and civility. The Court encourages lawyers who are not permanently admitted to practice before the United States District Court for the Eastern District of Tennessee to have the benefit of local counsel to ensure efficiency and compliance with these standards.
2. Written Correspondence from Counsel to the Court
The preferred method of communication with the Court is always a formal written motion filed on the Court’s electronic case filing system in accordance with the applicable procedural and local rules. Any other written correspondence should not augment documents filed with the Court, and any information conveyed or obtained by means other than a Court order--including, but not limited to, telephone or email messages transmitted by employees of the Clerk’s Office or Chambers--is not a part of the record and in no way binds the Court. In the event a party sends any correspondence to the Court, the party must simultaneously provide copies to all other parties as is required by Federal Rule of Civil Procedure 5 and Federal Rule of Criminal Procedure 49.
3. Communication between Counsel and the Court’s Staff
Judge Dumitru strongly discourages ex parte communication between counsel and his staff. Any communication between counsel and the Court’s staff: (i) should be sent to dumitru_chambers@tned.uscourts.gov; (ii) shall not address the merits of the case or any pending motion; and (iii) must include all counsel of record.
4. Oral Argument on Pending Motions
Not all motions require or would benefit from oral argument. That said, the Court will sua sponte set matters for oral argument if Judge Dumitru feels such argument would be helpful. Further, if a party believes oral argument on a motion would be particularly useful, the party may file a separate motion and a supporting memorandum of no more than five pages explaining why oral argument should be scheduled. Of particular import is whether the request is driven by a desire to provide a speaking opportunity for a young lawyer whose chances to gain meaningful courtroom experience are limited. The Court firmly believes that providing such opportunities benefit not only the lawyers themselves, but also litigants and the legal profession as a whole.
5. Participation in Conferences and Hearings
Judge Dumitru strongly prefers in-person conferences and hearings when possible. However, the Court may allow telephonic participation upon request of counsel when, in the Court’s judgment, a telephonic hearing would better serve the purpose memorialized in Federal Rule of Civil Procedure 1. Attorneys should make any such request well in advance of the hearing by contacting the Court's staff at dumitru_chambers@tned.uscourts.gov.
6. Courtesy Copies of Motions, Briefs, and Other Writings for Chambers
Courtesy copies are not required, but the Court may request them on occasion. Any physical courtesy copies should be presented bound, collated, and printed double-sided to conserve paper. Further, copies of all proposed orders should be furnished in Word format via email to dumitru_chambers@tned.uscourts.gov.
7. Scheduling Conferences
The Court expects the parties to read and follow Federal Rule of Civil Procedure 16 and be prepared to have a meaningful discussion regarding reasonable deadlines that are sufficient to meet the needs of the case. A copy of Judge Dumitru's form scheduling order is on the Court's web site.
The Court will give significant weight to the input of counsel at the scheduling conference as to the length of the discovery period, the dates of particular deadlines, and the trial date set in the scheduling order. Judge Dumitru’s strong preference is to adhere strictly to the scheduling order. That said, the Court will entertain requests for reasonable extensions so long as they do not affect the trial date or the Court’s ability to consider a dispositive motion. Any such request must be made by motion filed in advance of the deadline at issue, and the movant(s) shall bear the burden of establishing why the requested extension is necessary.
The Court further notes the impact that electronically stored information (“ESI”) has on the discovery process and, in turn, the reasonableness of deadlines in the scheduling order. Judge Dumitru therefore expects that prior to the scheduling conference, the parties will have discussed and, to the extent possible, agreed upon an initial protocol to govern the production of electronically stored information (“ESI”), including, but not limited to:
(a) the sources and types of ESI to be exchanged, including the use of search terms, date restrictions, custodian identities, and other strategies to reasonably limit the scope of ESI to be collected, reviewed, and produced, as well as information that is not readily accessible;
(b) the form of the electronic production (e.g., native files, TIFF or searchable PDF, etc.) or, upon written agreement of the parties or a showing to the Court that electronic production would unduly burden the producing party, the format of paper production;
(c) the steps the parties will take to segregate and preserve relevant ESI;
(d) the procedures to be used if privileged ESI is inadvertently disclosed; and
(e) the allocation of costs associated with gathering, producing, and preserving the ESI.
If the parties are unable to agree on such points, they should be fully prepared to discuss their dispute(s) in detail at the scheduling conference.
8. Discovery Disputes
The Court anticipates and expects the parties to follow the Federal Rules of Civil Procedure and the Local Rules by, inter alia, attempting meaningfully and in a civil manner to resolve discovery disputes before bringing them to the Court’s attention. If they are unsuccessful, the parties shall bring such disputes to the Court’s attention promptly, preferably in the form of a motion specifying the relief requested. In the event the parties agree that a telephonic conference with the Court would obviate the need for motion practice, they may request a conference by contacting the Court’s staff at dumitru_chambers@tned.uscourts.gov.
The Court further notes that the discovery deadlines set forth in the scheduling order are meaningful and shall be enforced. Therefore, all discovery undertaken in accordance with Federal Rules of Civil Procedure 26–36—as well any motion practice pertaining to such discovery—shall be completed by the discovery deadlines set forth in the scheduling order (e.g., all written discovery requests should be served sufficiently in advance of the discovery deadline so that responses will be due prior to the deadline). Although the parties may agree to conduct discovery after such deadlines, the Court will not address any disputes arising after the expiration of such deadlines. That said, the Court will fairly consider requests for reasonable extensions of deadlines supported by good cause.
9. Confidentiality Agreements
The parties may agree to any reasonable confidentiality terms between or among themselves, but the parties' mere designation of materials as “confidential” does not automatically merit the filing of those materials under seal. To file a document under seal, the parties must move for leave under the applicable rules, keeping in mind the high value placed on public access to judicial records. The procedures required to file any information under seal and the standard that must be met to do so are delineated in the Court's Order Governing Sealing Confidential Information which is filed at the beginning of each case (the “Sealing Order”). In addition to the Sealing Order, the parties should review Local Rule 26.2 and Electronic Case Filing (“ECF”) Rule 12.2 carefully before submitting confidentiality orders to the Court for entry. Proposed confidentiality orders with terms that do not comport with the terms of the Sealing Order, Local Rule 26.2, and ECF Rule 12.2 will likely not be entered.
10. Dispositive Motion Practice
Judge Dumitru strongly discourages seriatim motion practice. Therefore, for all matters not implicating the Court's subject matter jurisdiction, each party generally will be permitted to file only one dispositive motion at each stage of litigation (i.e., one motion to dismiss and one motion for summary judgment per party). Further, each party is entitled to file only one supporting memorandum per motion and only one response to each opposing party's motion. The Court may also order the parties to submit additional briefs or permit the parties to submit additional motions pertaining to certain threshold issues where appropriate.
Whenever practicable, the responding party is encouraged to file a consolidated response to all pending motions. If there are multiple responding parties, those parties may forgo their individual responses in favor of filing a joint response which complies with Local Rule 7.1. Importantly, these rules apply per party, not per counsel. Therefore, a party with multiple sets of counsel will not be permitted to file additional motions or briefs.
As to motions for summary judgment, Judge Dumitru does not require statements of undisputed material facts and will not consider them unless they are jointly submitted. The Court expects the parties’ compliance with Federal Rule of Civil Procedure 56 and will not consider any factual assertions not properly supported by citation to the record.
Finally, absent an order to the contrary, the filing of a dispositive motion does not stay discovery. Motions to stay the case or discovery pending resolution of a dispositive motion will be granted only in unusual circumstances and on a case-by-case basis.
11. Temporary Restraining Orders and Preliminary Injunctions
The parties must comply with all relevant provisions of Federal Rule of Civil Procedure 65. If a party seeks an expedited hearing or expedited discovery, they should file an appropriate motion with the Court. Briefing is allowed as in other cases.
12. Requests for Additional Pages
The parties should follow the page limitations established by Local Rule 7.1(b), which do not include the cover sheet, table of contents, table of authorities, or certificate of service. A party’s failure to comply with such page limitations may result in the Court disregarding the noncompliant brief or summarily denying the underlying motion. If a party believes additional pages are necessary, it must file a motion to exceed the page limitation sufficiently before the brief is due. The Court will rarely grant such request absent compelling reasons.
13. Reply Briefs
As provided by Local Rule 7.1(c), "[u]nless otherwise stated by the Court, reply briefs are not necessary and are not required by the Court." All parties are expected to adhere to the terms of Local Rule 7.1(c), and, in the event a reply brief becomes necessary, that reply shall not exceed ten pages.
14. Trial
a. Briefs
Pre-trial briefs on evidentiary and legal issues are not required unless specifically ordered by the Court. Parties shall make every effort to resolve and reduce to writing any stipulations before trial, particularly regarding the admissibility of exhibits. Proposed Findings of Fact and Conclusions of Law are required in non-jury trials, and Judge Dumitru may occasionally request post-trial briefs upon the conclusion of a bench trial.
b. Motions in Limine
Motions in limine should be presented to the Court in advance of the trial by way of a single motion identifying all issues and a single supporting brief not to exceed 25 pages in length. The Court also recognizes, however, that resolving evidentiary issues occasionally requires context that only the proof at trial can provide. Therefore, the Court may reserve ruling on certain evidentiary issues until such time as they arise during trial.
c. Counsel Participation in Voir Dire
Judge Dumitru allows counsel to lead voir dire to the extent it advances the goal of selecting a fair and impartial jury. The Court will terminate voir dire by counsel when their questions stray from that purpose. Once voir dire is completed, counsel will submit their challenges to the Court on a form provided by the Courtroom Deputy. The jury will consist of panel members who remain after counsel submit their challenges. If, after the parties’ challenges, additional jurors are called to participate in voir dire, the Court will seat them at the end of the jury box. Judge Dumitru does not permit back-striking of jurors who were previously seated.
d. Opening and Closing Statements
Judge Dumitru will set appropriate time limits for opening and closing statements on a case-by-case basis with input from counsel. If counsel intends to use visual aids, video, or audio during opening statement, they must share such materials with opposing counsel prior to trial to afford an opportunity for objections without causing delay in the proceedings.
e. Examining Witnesses
Counsel must stand and examine witnesses from the lectern if physically able. Counsel must never approach a witness without permission of the Court. In a jury trial, counsel must never, under any circumstances, stand near or lean against the jury box or have any close contact with jurors in the jury box. Judge Dumitru does not permit jurors to pose questions to witnesses.
f. Multiple Attorneys
Judge Dumitru permits more than one attorney to handle a trial for a party, but only one attorney for a party may conduct the examination of and raise objections during the testimony of any given witness.
g. Sidebar Conferences
Judge Dumitru discourages sidebar conferences, which should be kept to a minimum. To the extent possible, counsel should raise such matters in conjunction with other breaks during trial or after the conclusion of the day's work, when the jury is out of the courtroom.
h. Introduction of Recorded Testimony
Judge Dumitru expects counsel to discuss this issue in advance of trial and reach an agreement on the method. If the parties are unable to agree, they should bring their dispute to the Court’s attention prior to the trial.
i. Exhibits
The Court expects the parties familiarize themselves with Local Rule 43.3 prior to trial. Exhibits should be pre-marked according to the exhibit list the parties prepare under the scheduling order. The parties should provide three copies of the exhibit list to the Courtroom Deputy before the trial begins. The Court may also require counsel to provide electronic or hard copies of exhibits before the trial begins.
Counsel should stipulate to the admissibility of as many exhibits as possible. For exhibits that are stipulated, counsel need not move for the introduction of each individual exhibit. For exhibits that are not stipulated, counsel should move for their admission if and when the documents are presented at trial in accordance with the Federal Rules of Evidence.
j. Examination of Witnesses Beyond Cross Examination
Judge Dumitru will typically allow re-direct examination and re-cross examination, so long as the testimony elicited is within the scope of the preceding examination and otherwise admissible under the Federal Rules of Evidence. Further examination is rarely warranted absent exceptional circumstances.
k. Jury Instructions and Verdict Forms
The procedures and deadlines for filing proposed jury instructions are governed by the scheduling order. When crafting its jury instructions, the Court refers to the Sixth Circuit Pattern Jury Instructions, Sixth Circuit case law, and, to the extent consistent with applicable precedent, pattern jury instructions for other circuits. When submitting proposed instructions, the parties shall ensure that their proposed instructions follow the form of the pattern instructions. Local Rule 51.1 requires counsel to share their proposed instructions with each other, and Judge Dumitru requires the parties to confer and to certify that they have attempted to resolve any differences before submitting their proposed instructions to the Court. The parties shall submit proposed verdict forms along with their proposed jury instructions for each phase of the trial. Judge Dumitru will provide a written copy of the final instructions and verdict form to the jury.
l. Note-Taking by Jurors
Judge Dumitru typically permits jurors to take notes during the presentation of proof, but not during opening statements and closing arguments.
m. Exhibits Sent into the Jury Room for Deliberation
Exhibits properly introduced into evidence may be taken into the jury room during jury deliberations unless: (i) the exhibits could potentially impair safety (e.g., firearms and controlled substances); or (ii) the Court specifically directs otherwise. All exhibits that can be put into electronic form must be in electronic form. The jurors will not receive physical copies of any exhibits which can exist in electronic form, but instead will view them on an electronic evidence display system in the jury room. Finally, the Court will not provide the jury with copies of depositions presented in lieu of live testimony.
n. Counsel's Location during Jury Deliberation
Counsel should stay in reasonably close proximity to the courthouse during jury deliberations, and are responsible for providing the Courtroom Deputy with a mobile telephone number at which they can be reached. Counsel are also responsible for answering the Courtroom Deputy’s call and being in a position to return to the courthouse within ten minutes of receiving the call.
o. Polling the Jury and Post-Verdict Communication with Jurors
When requested, the Courtroom Deputy will poll the jurors. Local Rule 48.1 prevents counsel from post-verdict communication with jurors without Court permission, which Judge Dumitru will not grant absent extraordinary circumstances.
p. Jury Requests for Review of Testimony or Recorded Evidence
Judge Dumitru will address such requests on a case-by-case basis after conferring with counsel.
15. Settlement
In all cases, the parties are urged to try to settle the matter using mediation or another alternative dispute resolution method. Magistrate judges may be involved on a case-by-case basis as provided for in Local Rule 68.3. Parties should immediately inform the Court once they reach settlement. Unless otherwise directed by the Court, the parties should submit a stipulation of dismissal or agreed order of dismissal within 30 days or the trial date, whichever is sooner.
16. Media Communications
The Court expects the parties to follow Local Rules 83.2 and 83.12.