**Magistrate Judge Sherry R. Fallon** has served as a full-time Magistrate Judge in the District of Delaware since April 25, 2012. She is involved in the court's Alternative Dispute Resolution (ADR) program and mediation services. The court's website does not provide biographical information, educational background, or career history prior to Judge Fallon's appointment as Magistrate Judge.
**Courthouse:** J. Caleb Boggs Federal Building, 844 N. King Street, Wilmington, DE 19801-3555 **Chambers:** Room 6100, Unit 14 **Courtroom:** 6C **Phone:** (302) 573-4551 **Conference Phone:** (302) 573-4557 (court-scheduled teleconferences only) **Chambers Staff** - Courtroom Deputy: Larisha Hicks - Permanent Law Clerk: Rebecca Polito **Note:** Delaware is a major patent and corporate litigation court. Judge Fallon oversees the court's ADR and mediation program.
Courtesy copies are required for letters. Details: 2 copies, delivery within 1 hour, by hand delivery. 2 courtesy copies (double-sided) required within 1 hour of e-filing pre-motion letters.
Judge Sherry R. Fallon's rules set a pre-motion procedure for daubert. Daubert objections must be filed by dispositive motion deadline
Judge Sherry R. Fallon's rule states these limits: 15 pages. Mediation statements must be double-spaced, in at least 12-point font, and no longer than 15 pages.
Judge Sherry R. Fallon's rules include page or word limits for covered filings. Daubert motions subject to dispositive motion page limits
Judge Sherry R. Fallon's formatting rule includes file format paper, deliver original and one copy, envelope addressed to u.s. magistrate judge sherry r. fallon, and envelope marked 'confidential mediation statement'. Mediation statements must be delivered as an original and one copy to the Clerk's Office in an envelope addressed to the Magistrate Judge and marked 'CONFIDENTIAL MEDIATION STATEMENT'.
The rule requires legal argument and statement of facts. Mediation statements must include seven specific headings with required content: The Parties, Factual Background, Summary of Applicable Law, Honest Discussion of Strengths and Weaknesses, Settlement Efforts, Settlement Proposal, and Fees and Costs.
The rule requires certificate of service. Initial expert disclosure due date for party with initial burden of proof
Parties may contact Judge Sherry R. Fallon's chambers by email only as allowed by the rule. Mediation statements must not be emailed to Chambers without prior permission.
The rule does not state that a motion to seal is required for the covered filing process. Mediation statements and conference discussions are confidential, cannot be used in any litigation, and breach is subject to sanctions.
Requests should be made at least 14 calendar days in advance when this rule applies before Judge Sherry R. Fallon. Objections to magistrate judge decisions are due within 14 days of service of R&R or Order
Yes. Judge Sherry R. Fallon requires bundling for covered papers. Total briefing limit of 250 pages for all case dispositive and Daubert motions across related cases
No. Electronic filing is prohibited for the covered filings. Mediation statements must not be electronically filed; they must be delivered to the Clerk's Office in a sealed envelope addressed to the Magistrate Judge.
Mediation statements must not be electronically filed; they must be delivered to the Clerk's Office in a sealed envelope addressed to the Magistrate Judge.
Mediation statements must not be emailed to Chambers without prior permission.
Mediation statements must be double-spaced, in at least 12-point font, and no longer than 15 pages.
Mediation statements must include seven specific headings with required content: The Parties, Factual Background, Summary of Applicable Law, Honest Discussion of Strengths and Weaknesses, Settlement Efforts, Settlement Proposal, and Fees and Costs.
Mediation statements and conference discussions are confidential, cannot be used in any litigation, and breach is subject to sanctions.
The Court may communicate ex parte with parties before, during, and after the mediation conference.
Attorneys may possess electronic devices in accordance with the Court's Standing Order.
Requests to bring electronic equipment to mediation must be in a separate letter by the mediation statement due date and include names, equipment list, and a representation of assistance.
Request to bring electronic equipment must be submitted by the mediation statement due date.
Additional expert reports require consent or court leave
Initial expert disclosure due date for party with initial burden of proof
Supplemental expert disclosure deadline for rebuttal
Reply expert report deadline for party with initial burden of proof
Expert availability must be advised with expert report submissions
Daubert objections must be filed by dispositive motion deadline
Daubert motions subject to dispositive motion page limits
Fact witness list due one month after expert discovery closes
Rebuttal fact witness list due one month after receiving initial fact witness list
Fact witness depositions limited to 20 hours per side, within one month of rebuttal witness list
Discovery disputes must be filed as joint motion for teleconference
Form for discovery dispute motion available on court website
Counsel must discuss discovery issues before seeking court intervention
Pre-motion letter (max 4 pages, 12pt font) required 72 hours before conference with proposed order.
Opposition pre-motion letter (max 4 pages, 12pt font) due 48 hours before conference.
2 courtesy copies (double-sided) required within 1 hour of e-filing pre-motion letters.
Sealed papers require original + 1 copy to Clerk; redacted version due within 7 days.
2 courtesy copies of briefs, 1 copy of supporting documents required.
Claim construction briefing limits: Plaintiff opening 20 pages, Defendant answering 30 pages, Plaintiff reply 10 pages.
Unfiled briefs must be combined into a single Joint Claim Construction Brief.
No general claim construction summaries required; materials for appendix go in Joint Appendix.