Magistrate Judge Leo A. Latella

United States Magistrate Judge for the Middle District of Pennsylvania
Biographical Information
For additional information, please call Chambers at: (570) 831-2556

Staff Information

Courtroom Deputy: (570) 831-2557

Chambers: (570) 831-2556

Judge Tabs

Communication

Written correspondence from counsel to the court. Judge Latella accepts letters to communicate procedural information, discovery disputes, and information about settlement efforts; however, any application for an order, including an application for an extension of time, must be made by motion. Counsel should not copy the court on correspondence between one another unless specifically directed by the court. All correspondence with the court shall be placed on the docket.

All requests for court action on a pending matter, other than discovery disputes, shall be presented by motion in compliance with the Middle District of Pennsylvania Local Rules. Discovery disputes, which should be raised by written correspondence filed to the docket in the subject case in lieu of a formal motion practice.

Preferences for the use of telephone conferences rather than in-person conferences. Judge Latella prefers in-person pre-trial and settlement conferences, while discovery, case management, scheduling, and status conferences may be conducted telephonically or via video teleconference, when appropriate.

Inquiries
Any inquiries concerning cases, including scheduling and procedures, should be directed to Judge Latella's Courtroom Deputy.

Copies of Papers

Courtesy copies of motions, briefs, and other writings for chambers.
Courtesy copies are unnecessary and should not be delivered to chambers unless specifically requested.

Motions

Preference regarding pro hac vice admissions

Judge Latella prefers the use of the special admission form available from the Clerk of Court or on the Court's Website

Federal Rule 26 and M.D. Pa. Local Rule 26.1 et seq. (Including your approach to initial disclosures, discovery prior to the Rule 16 conference) and preferences as to the matters encompassed within those Rules.

Judge Latella adheres to both federal and local rules, and prefers that discovery commence prior to the Rule 16 conference. Judge Latella expects counsel to make all efforts to resolve discovery disputes. Counsel is instructed at the case management conference to initiate a conference with Judge Latella before any discovery motion is filed. In the event that counsel is unable to resolve the dispute, counsel shall place a letter on the docket requesting a telephonic discovery conference and a brief description of the nature of the dispute. Judge Latella will attempt to resolve the dispute at the conference.

The average amount of time allowed for discovery in a standard track case and the extent to which the standard amount of time is varied.

Judge Latella adheres to the six-month discovery period for standard cases set forth in the Local Rule 26.4, unless extraordinary circumstances arise and a timely motion is filed.

Handling of confidentiality agreement, particularly in light of the Third Circuit’s recent opinions on the prerequisites for imposing confidentiality agreements.

Judge Latella does not encourage the use of confidentiality agreements unless the matter involves unusually sensitive material. Judge Latella prefers that counsel submit confidentiality agreements by stipulation for approval.

Preferences regarding requests for additional pages in excess of the page limitations set forth in Middle District Local Rule 7.8.
Judge Latella requires a motion in order to exceed page limitations.

Trial

The extent to which counsel may influence the length of the discovery period, extensions, and trial dates

As a general rule, Judge Latella anticipates giving counsels’ joint case management plan significant weight in setting discovery and pre-trial litigation schedules. Accordingly, Judge Latella expects that the case management order’s dates and deadlines will not ordinarily be subject to extensions, unless unusual circumstances are presented and a timely motion is filed.

The average amount of time allowed for discovery in a standard track case and the extent to which the standard amount of time is varied.

Judge Latella anticipates that six months will be the average amount of time allotted for discovery in a standard track case. Judge Latella expects that counsels’ agreed-upon discovery deadlines will usually be acceptable, however, these deadlines typically will not be extended, absent unusual circumstances.

Procedure for scheduling trials, including whether a date certain for trial is assigned; if so, the amount of time prior to trial that such a date certain is assigned; and the extent to which it may be moved during the month in which it has been scheduled.

Whenever possible, Judge Latella will set a date certain for jury selection in the initial case management order. Typically, all juries for a particular month will be selected in the order in which the cases were assigned to that month’s trial list, and the cases will be tried in the same order in which juries were selected. Judge Latella will then schedule non-jury trials by setting a certain date, after consulting with counsel.

Trial briefs submitted by counsel.

Judge Latella's practice is to call for submission of trial briefs, as required by the local rules, prior to the final pre-trial conferences in a case.

Counsel participation in voir dire.

Judge Latella conducts a general voir dire and will usually allow counsel to supplement voir dire with pre-approved questions.

Whether more than one attorney may handle trial for a party.

Judge Latella permits more than one attorney to handle a trial for a party and encourages practitioners to delegate trial responsibilities to associate attorneys and other less-experienced attorneys.

Pre-marking of documentary and photographic exhibits and other demonstrative evidence for trial and the date upon which exchange of exhibits is to take place, if any.

Judge Latella requires counsel to pre-mark and exchange exhibits, and prepare exhibit lists of pre-marked exhibits, using the format available on the district court’s website, prior to the final pre-trial conference, and in accordance with M.D. Pa. LR16.3. Judge Caraballo encourages parties, where appropriate, to stipulate to the authenticity and admissibility of exhibits prior to the presentation of evidence.

Jury Instructions and Special Verdict Forms.

Judge Latella requires counsel to submit proposed jury instructions in accordance with the local rules. Judge Latella requires that counsel jointly prepare an agreed-upon special verdict slip. Judge Latella ordinarily will request that parties submit proposed jury instructions and verdict slips to chambers in Microsoft Word format, in addition to filing on the docket.

General approach to settlement and non-jury cases

Judge Latella will pursue settlement thoroughly in jury cases, unless agreed otherwise by counsel, but will refer all non-jury settlement discussions to another judge or mediator.

Use of Generative AI

Increased use of Artificial Intelligence (“AI”), particularly Generative AI (including, but not limited to, OpenAI’s ChatGPT or Google’s Bard), in the practice of law raises a number of practical concerns for the Court, including the risk that the generative AI tool might generate legally or factually incorrect information, that it might create unsupported or nonexistent legal citations, or that it may disclose confidential information in the public sphere. Accordingly, any party, whether appearing pro se or through counsel, who utilizes any generative AI tool in the preparation of any document to be filed in any matter pending before Judge Latella, must include with the document a Certificate of Use of Generative AI in which the party must disclose and certify:

The specific AI tool that was used;
The portions of the filing prepared by the AI program; and
That a person has checked the accuracy of any portion of the document generated by AI, including all citations and legal authority.

Failure to comply with this Order may result in sanctions.

United States District Court

Middle District of Pennsylvania

Honorable Matthew W. Brann, Chief Judge | Peter J. Welsh, Clerk of Court

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Magistrate Judge Leo A. Latella

Staff Information

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