Magistrate Judge Christopher A. Nuechterlein
201 Robert A. Grant Courthouse
204 South Main Street
South Bend, IN 46601
Frequently Asked Questions
Regarding Magistrate Judge Nuechterlein's Procedures
Q: Where should parties send proposed orders?
A: In Microsoft Word format to Judge Nuechterlein's Chambers email address
Q: What time does court start during a trial?
A: During trial, court starts at 8:30 a.m.. Court generally ends by 5:00 p.m., but will vary depending on the circumstances of the trial. There is generally a short morning break, a lunch break, and a short afternoon break at some point each day of the trial.
Q: What courtroom is Magistrate Judge Nuechterlein in?
A: The 2nd Floor courtroom, but if it is a jury trial either on the 1st floor or 3rd floor courtroom.
Q. ADR - Does Magistrate Judge Nuechterlein require the parties to engage in mediation?
A: Yes, parties are strongly urged and expected to have engaged in at least one attempt at mediation prior to coming to the final pre trial conference, unless otherwise relieved of that obligation by the court. - See the link to ADR on Magistrate Judge Nuechterlein's web page
Q: What should be in the pretrial order?
A: Please refer to FRCP 16(d) and (f), and Appendix A to the Northern District of Indiana Local Rules for a Sample Proposed Pre Trial Order.
Q: Can counsel attend a Rule 16(b) Scheduling Conference telephonically?
A: Yes, if counsel is from any county other than St. Joseph and Elkhart and if counsel has filed a motion seeking permission to attend telephonically. A proposed order must be submitted to Judge Nuechterlein's Chambers email address.
Q: What happens at a final pretrial conference?
A: At the final pretrial conference, Magistrate Judge Nuechterlein will discuss the following topics: pending motions; motions in limine; jury selection; exhibits; conduct of trial; and jury instructions.
Q: How should parties mark exhibits?
A: Exhibits should be pre-marked. Plaintiff's should use numbers, and defendants should use letters. If more than 26 defendant exhibits are involved, the numbering past Exhibit Z should be AA through AZ, BA through BZ and so on, as to avoid more than a 2 digit designation for any exhibit.
Q: Can I get a demonstration of the technology available in the courtroom?
A: Yes, please contact the courtroom deputy, Sharon Macon, at 574-246-8104. It will not be possible to schedule an appointment on jury selection day.
Q: Do parties have to use CM/ECF?
A: Effective January 1, 2005, the use of CM/ECF is mandatory, unless a party has been relieved of such requirement by the court.
Q: What do the initials after my case number mean?
A: The initials after the case number refer to the presiding judge assigned to the case and the magistrate judge to whom the case has been referred for non-dispositive matters. Thus, in non-consented cases, the presiding district judge initials are shown followed by Magistrate Judge Nuechterlein's initials (CAN). In consented cases only, Magistrate Judge Nuechterlein's initials are used.
Q: What does the magistrate judge handle?
A: The magistrate judge assigned to each case handles all non-dispositive motions, as well as case management issues such as discovery deadlines and trial settings. Forms of order for these motions should be sent to the appropriate chambers.
Q: What is the difference between a regular motion for summary judgment and a fully-briefed motion for summary judgment (summary judgment packet)?
A: In a regular motion for summary judgment, the moving party will file their motion and supporting documents with the court by the dispositive motion deadline specified in the scheduling order. The opposing party then has thirty days to file a response. The moving party has fifteen days to file a reply. In a fully briefed motion for summary judgment, the moving party will serve the motion and supporting documents on the opposing party, but will not file the motion with the court at this time. The opposing party has thirty days to serve a response on the moving party. The moving party then has fifteen days to draft a response and file the entire packet with the court. The entire packet (consisting of the motion, response, and reply) must be filed by the dispositive motion deadline specified in the scheduling order.
Q: What happens if I need an extension of time to serve my response or reply brief to a fully-briefed motion for summary judgment?
A: It is the parties' responsibility to work out the internal deadlines in a fully briefed motion for summary judgment. Parties may adjust the response and reply deadlines as they wish, so long as the fully briefed packet is filed by the dispositive motion deadline in the scheduling order. The court may modify the dispositive motion deadline date, but it will not modify the response or reply date for a fully-briefed motion for summary judgment.