MAGISTRATE JUDGE DAVID NUFFER

Civil Case Scheduling - IPTs

Theresa Brown ipt@utd.uscourts.gov  801 524 6602

Contact Information, Practices & Procedures and Resources 

Contact Information:   

E-mail:  mj.nuffer@utd.uscourts.gov.  Our goal is same-day response. Please include case name and number in the email subject line, and show a copy sent simultaneously to all counsel.  Find lawyers' e-mail addresses at the Utah Bar or Lawyers.com or using the Mailing Info For a Case Utility in CM/ECF.

Telephone:(801) 524-6150. 

We do our best to cover the phone from 8:30 a.m. to 4:30 p.m. but may be in court.  All counsel should conference together before calling the court.  Our phone system cannot conference.  Please help us avoid ex parte contact.

Mailing Address: 350 South Main, Room 483, Salt Lake City, UT  84101

Copies of correspondence between counsel should not be sent to the court.

Courtroom

Because magistrate judges rotate courtrooms, be sure to check the daily court calendar to see which courtroom we are using or the rotation calendar to see which courtroom we will generally use for any period of time in the future.

Courtesy Copies:

While the local court rule provides that all courtesy copies should be delivered through the clerk's office, there are frequently delays in delivery of such courtesy copies to the chambers of magistrate judges.  E-mail or direct delivery to chambers of a courtesy copy of any document filed in paper (including all sealed documents) is greatly appreciated and ensures that the magistrate judge will receive the intended courtesy copy.  Electronic filers under CM/ECF can be assured that chambers receives the Notice of Electronic Filing for all unsealed documents and retrieves documents filed and served in that manner within 24-48 hours of filing.  

Faxes:

Fax delivery is not preferred but may be made when necessary.  Unless specifically instructed otherwise, any faxes should be sent to (801) 526-1159.  If the document is one required to be filed, the original document must be filed with the Clerk's Office.

Civil Motions:

Generally, civil motions will be decided without hearing, unless there is some extraordinary deficiency in the papers submitted.  At times, a  request for further information will issue, with or without a notice of hearing, to ensure the record is complete.  Courtesy copies of motion papers are greatly appreciated.  

If expedited treatment of a motion is desired, counsel should secure consent of counsel to an expedited schedule or move for an expedited schedule, submitting a proposed order for expedited treatment.  Orders for Expedited Treatment of Motion  Sample 1   Sample 2   

In CM/ECF, be sure to specify that the motion seeks to Expedite, as well as seeks the relief sought.  (Control-click to select all applicable types of relief.)

Please contact the Case Manager at (801) 524-6150 regarding emergency motions on discovery issues.  The Case Manager will often direct that all counsel join in a telephone conference at a specified time, and/or may direct that an e-mail summary be provided.

Motions Ready for Decision:

We make every effort to track motions and attend to them when the prescribed periods of briefing have elapsed.  We may, however, not receive courtesy copies or we may simply err in tracking time periods, so please e-mail us if you are concerned about a possible oversight.  If parties agree to extend time for briefing, please notify the court.  And if no response or reply memorandum will be filed, a notice to that effect is appreciated.  

Changing Hearing Dates:

Modifications to any hearing date should be stipulated, and requested by joint filing or e mail to mj.nuffer@utd.uscourts.gov or by phone call with all counsel on the phone, calling the Case Manager at (801) 524-6150.

Motions For Review of Detention: Under 18 U.S.C. § 3142(f) the magistrate judge may only review detention if “information exists that was not known to the movant at the time of the hearing and that has a material bearing” on the amelioration of the risks of non appearance and safety.  Therefore, motions for review of detention must specify the factual basis for the motion, the materiality of the facts to the issues, and that the information was not known previously.  A copy of the motion should be sent directly to the magistrate judge who made the initial detention decision. In CM/ECF, please use the "Motion for Review of Detention" event.

Proposed Orders:  

At the time a motion is filed (and a .pdf copy of the order is attached to the motion -- see Administrative Procedures II. G.), or after a hearing on a motion after complying with DUCivR-54-1 or  DUCrimR 12(f), the moving party should submit the proposed order to the judge.  All proposed orders must be submitted in a word processing editable format.  Proposed orders should not be submitted in .pdf format.  The proposed order must be e-mailed to utdecf_nuffer@utd.uscourts.gov or mj.nuffer@utd.uscourts.gov (these addresses go to the same mailbox).  If objections to the order are still unresolved, the party objecting should e-mail the objections and that party's proposed revision of the order.  All e-mails must be copied to all counsel.

The proposed order must refer to the docket entry number(s) for the motion(s) resolved, and should be in a form similar to these sample orders:  

Orders Granting Motion to Compel  Sample 1   Sample 2   Sample 3
Orders Granting Attorney's Fees  Sample 1   Sample 2   Sample 3
Orders for Expedited Treatment of Motion  Sample 1   Sample 2   
Order Granting Motion to Amend  
Order Caption Document 
Report and Recommendation (shell text)

If you have any problem downloading these documents, try right clicking on the link and then "Save Target as."

What is the Judge's Title?  

The correct title for a United States Magistrate Judge is "United States Magistrate Judge," "U.S. Magistrate Judge," or "Magistrate Judge."  This title should appear below the judge's signature line in a proposed order and in the caption of the case.  This title is established by 28 U.S.C. § 631.  More information.

Professionalism and Civility

Attorneys are encouraged to subscribe to and observe the Utah Standards of Professionalism and Civility.

Writing Style

Judge Nuffer enthusiastically follows the recommendations of Bryan Garner for improved legal writing style (pdf document) by putting citations in footnotes and eliminating substantive footnotes.

Employment

Judge Nuffer's staff all have career status, so no employment applications are currently considered.  We do invite extern assistance.  Submit materials to mj.nuffer@utd.uscourts.gov.