Judge Theresa L. Fricke
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Filings
Not Required
Filings (Joint Pretrial Statement)
Required • Binding: Three Ring Binder
Filings (Glossary)
Required
Filings (Exhibits, Witness List)
Required • Binding: Bound
Filings (Pretrial Order)
Required • Binding: Three Ring Binder
Filings (Deposition Transcript)
Required
Adjournments
Must Include
- 1Written Request
- 2Email Submission
- 3Case Number In Subject Line
- 4Specific Subject Line Format
Must Include
- 1Proposed Rescheduled Date
Communication
Other
Chambers
Chambers
Phone
Chambers
Letter Ecf
Chambers
Chambers
Chambers
Chambers
In Person
Chambers
Detailed Drafting Rules
Counsel must maintain 6 feet of social distancing in the courthouse.
Counsel should maintain social distancing, that is, counsel should maintain six feet of distance between counsel and anyone else in the Courthouse at all times.
Other
- Hoursat all times
- Status Inquiries
Counsel cannot move courthouse seats/chairs as they are positioned for social distancing.
Counsel are not to move any of the seats/chairs in the Courthouse. These were strategically placed in order preserve social distancing.
Other
- Hoursat all times
- Status Inquiries
Counsel must wear face coverings at all times except when speaking.
Counsel must wear a face covering at all times, except while speaking.
Other
- Hoursat all times
- Status Inquiries
Settlement memoranda limited to 10 double-spaced pages, confidential, no filing or service required.
Each party shall provide, in confidence, a concise settlement memorandum no longer than ten double spaced pages and which should not include attachments or exhibits unless under extraordinary circumstances. Please do not file these confidential memoranda with the Clerk’s Office or serve the memoranda on opposing counsel.
Email permitted to request appointment with Magistrate Judge for pre-conference matters.
Counsel may contact the Court by sending an email to [insert] if counsel would request an appointment with Magistrate Judge Fricke to address any matters they believe need to be discussed in advance, including any request to bring exhibits, technology-assisted presentations, or conduct lengthy opening statements.
Direct to: Chambers
Parties must contact court if settlement negotiations seem unlikely before conference.
In the days immediately preceding the settlement conference, if either party believes that negotiation attempts would not be fruitful at the time set for the conference for any reason, that party should contact the Court as soon as possible to discuss the concern.
Phone
Direct to: Chambers
- Advance Notice Requiredas soon as possible
Settlement memoranda are limited to 10 double-spaced pages with attachments/exhibits prohibited except in extraordinary circumstances.
Each party shall provide, in confidence, a concise settlement memorandum no longer than ten double spaced pages and which should not include attachments or exhibits unless under extraordinary circumstances.
Hard copies of settlement memoranda are prohibited; electronic submission only.
Do not mail hard copies of the settlement memorandum to chambers.
Direct to: Chambers
- Advance Notice RequiredHard copies prohibited; email submission only
- Status Inquiries
Counsel may email the Court to request an appointment for advance discussion of exhibits, technology, or lengthy opening statements.
Counsel may contact the Court by sending an email to [insert] if counsel would request an appointment with Magistrate Judge Fricke to address any matters they believe need to be discussed in advance, including any request to bring exhibits, technology-assisted presentations, or conduct lengthy opening statements.
Direct to: Chambers
- Advance Notice RequiredEmail to request appointment for advance matters including exhibits, technology, or lengthy opening statements
- Status Inquiries
Parties should contact the Court promptly if they believe settlement negotiations would not be fruitful.
In the days immediately preceding the settlement conference, if either party believes that negotiation attempts would not be fruitful at the time set for the conference for any reason, that party should contact the Court as soon as possible to discuss the concern.
Phone
Direct to: Chambers
All communications during judicial settlement are confidential and may not be used for other purposes.
To encourage open communication, the Court orders that all matters communicated in connection with this judicial settlement are confidential and not to be used for any other purpose.
Letter via ECF
Direct to: Chambers
- Advance Notice RequiredSettlement communications are confidential and not to be used for any other purpose
- Status Inquiries
Clerk must reassign to originally assigned Magistrate Judge if parties later consent.
If the parties later consent in such a case, the Clerk shall reassign the case to the Magistrate Judge to whom the case was initially assigned.
Letter via ECF
Direct to: Clerk
- Hoursbusiness_hours
Clerk must assign IFP motions to Magistrate Judge upon filing.
Unless the Court otherwise directs, upon filing, the Clerk shall assign to a Magistrate Judge all motions and applications to proceed in forma pauperis.
Letter via ECF
Direct to: Clerk
- Hoursbusiness_hours
Clerk must promptly notify parties of assigned judges.
The Clerk shall promptly advise the parties of the identity of the designated District Judge and Magistrate Judge.
Letter via ECF
Direct to: Clerk
- Hoursbusiness_hours
Clerk must provide consent forms and advise parties of reassignment process.
The Clerk shall (a) advise the parties that consent to the assigned Magistrate Judge is voluntary, consent may be declined and that a request for reassignment may be made; (b) provide the parties with a Notice of Assignment to a U.S. Magistrate Judge and Declination of Consent Form, and advise them the form must be received by the Clerk by the date designated in the form should they choose to decline consent; and (c) advise the parties that, upon receipt of a request for reassignment, the case will be assigned to a District Judge, randomly selected from the District Judges in the division where the case is properly filed.
Letter via ECF
Direct to: Clerk
- Hoursbusiness_hours
Failure to return consent form by deadline constitutes consent to Magistrate Judge jurisdiction.
If the Notice of Assignment to a U.S. Magistrate Judge and Declination of Consent Form is not returned by the date designated in the form, each party is deemed to have consented to the jurisdiction of the assigned Magistrate Judge under 28 U.S.C. § 636(c).
Letter via ECF
Direct to: Clerk
- Hoursbusiness_hours
Declining party's identity is not disclosed to judges.
If a party declines consent, the identity of the party declining consent will not be communicated to any judge.
Letter via ECF
Direct to: Clerk
- Hoursbusiness_hours
Parties in District Judge cases can consent to Magistrate Judge jurisdiction via Joint Status Report.
In all cases initially assigned to a District Judge the parties shall nevertheless be afforded an opportunity to consent to having the case heard by a Magistrate Judge specifically identified in the request for a Joint Status Report.
Letter via ECF
Direct to: Clerk
- Hoursbusiness_hours
Clerk must reassign case to Magistrate Judge upon party consent.
If the parties consent, the Clerk shall reassign the case to the Magistrate Judge as set forth under 28 U.S.C. § 636(b).
Letter via ECF
Direct to: Clerk
- Hoursbusiness_hours
Motions limited to 15 pages (except summary judgment), replies to 7 pages, surreplies to 5 pages with leave.
A motion and the legal argument supporting the motion shall be filed as a single document. Pleadings shall not contain a table of cases or a table of authority. Except for Motions for Summary Judgment, all other motions, oppositions, and objections shall not exceed FIFTEEN (15) pages (exclusive of the certificate of service). Replies shall not exceed SEVEN (7) pages, unless otherwise noted. Leave of Court must be obtained to file a surreply. If leave is obtained, surreplies shall not exceed FIVE (5) pages.
Motions must be double-spaced, 12-point sans serif font (10-point footnotes), with page numbers.
Motions, oppositions, objections, replies, and surreplies shall be double-spaced and filed in no less than 12-point sans serif font in the text and 10-point sans serif font in the footnotes. The pleadings shall contain page numbers and have margins of no less
Leave of Court required to file surreplies, limited to 5 pages if granted.
Leave of Court must be obtained to file a surreply. If leave is obtained, surreplies shall not exceed FIVE (5) pages.
Document Type
Surreply
5
Page limit exceptions granted only for extraordinary complexity.
Motions to exceed the page limitations will be granted only where the matter is one of extraordinary complexity.
Avoid contacting chambers except for scheduling/settlement; ex parte communications discouraged except for scheduling/settlement.
Except as provided for in this Order, parties and counsel should avoid contacting chambers. Ex parte communications with Judge Fricke or judicial law clerks involving any matter other than scheduling or notice of settlement are strongly discouraged. In relation to scheduling and/or settlement, unless the other parties have consented to have one party contact the Court alone, all parties must be on the line when communicating with the Court.
Phone
Direct to: Chambers
- Advance Notice Requiredall_parties_must_be_present_for_scheduling_settlement
- Status Inquiries
Summary judgment motion limits: 30 pages for motion/opposition, 20 pages for reply, 10 pages for sur-reply.
A motion under Fed. R. Civ. P. 56, and oppositions thereto, shall not exceed THIRTY (30) pages (exclusive of the certificate of service). Replies shall not exceed TWENTY (20) pages. If leave to file a sur-reply is given, it shall not exceed TEN (10) pages.
Motions in Limine: oppositions limited to 15 pages, due 14 days after filing, no reply brief unless ordered
Motions in Limine should normally be filed as one motion; oppositions thereto shall not exceed FIFTEEN (15) pages (exclusive of the certificate of service). Any opposition to a Motion in Limine shall be filed no later than FOURTEEN (14) days after a motion is filed. The moving party will not file any reply brief in support of a motion in limine unless ordered otherwise by the Court.
Motions for reconsideration: 10-page limit for motions/oppositions, 5-page limit for replies
Motions for reconsideration are discouraged. Motions that reassert prior arguments or raise new arguments that could have been made earlier will be summarily denied. Motions for reconsideration and oppositions thereto shall not exceed TEN (10) pages (excluding the certificate of service). Replies shall not exceed FIVE (5) pages.
Motions for reconsideration: oppositions limited to 10 pages, replies limited to 5 pages
Motions for reconsideration and oppositions thereto shall not exceed TEN (10) pages (excluding the certificate of service). Replies shall not exceed FIVE (5) pages.
Replies to motions for reconsideration limited to 5 pages
Replies shall not exceed FIVE (5) pages.
Motions in Limine oppositions due 14 days after filing
The parties shall endeavor to resolve any evidentiary disputes prior to filing a Motion in Limine. Motions in Limine should normally be filed as one motion; oppositions thereto shall not exceed FIFTEEN (15) pages (exclusive of the certificate of service). Any opposition to a Motion in Limine shall be filed no later than FOURTEEN (14) days after a motion is filed.
Discovery disputes: joint email to Payal_Patel@wawd.uscourts.gov with dispute description and availability
To arrange a telephone hearing, all counsel (not support staff) for the disputing parties shall send a joint email to Payal_Patel@wawd.uscourts.gov with a short (maximum one paragraph) joint description of the dispute, as well as three dates and time ranges when the parties are available for a teleconference.
Direct to: Chambers
- Status Inquiries
Counsel must narrow issues before contacting court about discovery disputes
Counsel shall not contact the Court until they have sufficiently narrowed the disputed issues to only those issues they cannot, without Court assistance, resolve themselves.
Direct to: Chambers
- Status Inquiries
Parties must contact chambers to request ADR at case outset
The parties shall evaluate the opportunity for settlement at the outset of the case. To that end, the parties shall contact chambers to request mediation (with a Magistrate Judge, private mediator, or the Court’s mediation program), arbitration, or any other form of alternate dispute resolution where they are in agreement that such would be helpful.
Chambers
Direct to: Chambers
- Advance Notice Requiredat_case_outset
Waiver requests for witness exclusion must be discussed with opposing counsel and presented to court before trial.
If counsel desire a waiver of the rule with respect to a specific witness (for example, an expert), counsel shall first discuss the matter with opposing counsel and then present the request to the Court during the preliminary morning session prior to the start of trial on the particular day at issue.
In Person
Direct to: Chambers
- Advance Notice Requiredpreliminary morning session before trial
Each party's alternate jury instruction arguments limited to 2 pages.
Where disagreements arise, the proposed jury instructions shall include the alternate instructions and argument and authority for the instruction not to exceed TWO (2) pages for each party and instruction.
Parties should avoid contacting chambers except for scheduling or settlement; all parties must be on the line for scheduling/settlement communications unless others consent.
Except as provided for in this Order, parties and counsel should avoid contacting chambers. Ex parte communications with Judge Fricke or judicial law clerks involving any matter other than scheduling or notice of settlement are strongly discouraged. In relation to scheduling and/or settlement, unless the other parties have consented to have one party contact the Court alone, all parties must be on the line when communicating with the Court.
Phone
Direct to: Chambers
- Status Inquiries
Motions, oppositions, and objections are limited to 15 pages, excluding certificate of service.
Except for Motions for Summary Judgment, all other motions, oppositions, and objections shall not exceed FIFTEEN (15) pages (exclusive of the certificate of service).
Reply briefs are limited to 7 pages.
Replies shall not exceed SEVEN (7) pages, unless otherwise noted.
Surreplies require leave of court and are limited to 5 pages.
Leave of Court must be obtained to file a surreply. If leave is obtained, surreplies shall not exceed FIVE (5) pages.
Motion papers must be double-spaced with 12-point sans serif font in text, 10-point sans serif in footnotes, page numbers, and minimum margins.
Motions, oppositions, objections, replies, and surreplies shall be double-spaced and filed in no less than 12-point sans serif font in the text and 10-point sans serif font in the footnotes. The pleadings shall contain page numbers and have margins of no less
Oppositions to Motions in Limine are limited to 15 pages, excluding the certificate of service.
Motions in Limine should normally be filed as one motion; oppositions thereto shall not exceed FIFTEEN (15) pages (exclusive of the certificate of service).
Summary judgment motions and oppositions limited to 30 pages, replies to 20 pages, sur-replies to 10 pages.
A motion under Fed. R. Civ. P. 56, and oppositions thereto, shall not exceed THIRTY (30) pages (exclusive of the certificate of service). Replies shall not exceed TWENTY (20) pages. If leave to file a sur-reply is given, it shall not exceed TEN (10) pages.
Reply briefs on summary judgment motions limited to 20 pages.
Replies shall not exceed TWENTY (20) pages.
Sur-replies on summary judgment motions, if permitted, limited to 10 pages.
If leave to file a sur-reply is given, it shall not exceed TEN (10) pages.
Motions for reconsideration and oppositions are limited to 10 pages, excluding the certificate of service.
Motions for reconsideration and oppositions thereto shall not exceed TEN (10) pages (excluding the certificate of service).
Replies to motions for reconsideration are limited to 5 pages.
Replies shall not exceed FIVE (5) pages.
To schedule a telephone hearing for discovery disputes, counsel must send a joint email to chambers with a description and available dates.
To arrange a telephone hearing, all counsel (not support staff) for the disputing parties shall send a joint email to Payal_Patel@wawd.uscourts.gov with a short (maximum one paragraph) joint description of the dispute, as well as three dates and time ranges when the parties are available for a teleconference.