The Honorable Nannette Jolivette Brown

Federal Judicial Center Biography

Section G
Phone: (504) 589-7505

All questions should be directed to efile-brown@laed.uscourts.gov

500 Poydras Street
Room C205
New Orleans, LA 70130

Staff Information

Jennifer Papa, Law Clerk (Career), (504) 589-7505

Rhania Carter, Judicial Assistant, Law Clerk, (even cases)

Morgan Palmer, Case Manager, (504) 589-7680

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Judge Tabs

Chambers Communication

Please help us avoid improper ex parte communications.

Any questions regarding pending cases should be sent to efile-brown@laed.uscourts.gov. All counsel of record must be copied.
Email should not be used as a substitute for filing a motion. The proper way to communicate any request of the Court is through a properly filed motion. The Court can only respond by order.
All requests for a continuance must be made by formal motion with supporting authority. Trial continuances are rare in this federal court. Accordingly, a “first” request for trial continuance is of no moment.

Courtroom Rules

All persons entering the courtroom should be dressed in a manner that reflects the dignity of the proceedings.
ATTORNEYS:
- Always stand when addressing the Court and speak into the microphone.
- Stand at the podium when examining a witness or making an argument.
- Stand when making an objection.
- Request permission before approaching the witness stand.
- When making an objection, counsel will state the basis for the objection. Speaking objections are not permitted.
- Do not abuse requests for sidebar conferences. These disrupt the flow of the trial.
- Raise preliminary matters or scheduling issues before the trial commences, during a recess, or upon adjournment for the day.
- All personal communication devices should be set to silent before entering the courtroom.
- No aspect of any proceeding may be recorded or photographed. Only the Court designated reporter may record the proceeding.
PARTIES/LITIGANTS:
- Attorneys are responsible for ensuring that their clients understand the decorum in the courtroom.
- Parties/litigants are not allowed to speak unless recognized to do so by the Court.
SPECTATORS:
- Personal communication devices including cellular phones and personal digital assistance must be turned off completely before entering the courtroom.
- The use of any audio or video recording devices is strictly prohibited.
Attached is the Court’s Standing Order

Motions & Oral Argument

Judge Jolivette Brown discourages parties from delivering to Chambers courtesy copies of motions. All pleadings (excluding sealed documents) are to be filed in CM/ECF. Sealed documents shall be hand delivered to the Clerk’s Office. Electronic filers under CM/ECF can be assured that Chambers receives notice for all documents filed in that system.
Civil Oral Argument:
- Oral argument on a motion will not occur unless a proper request is filed or oral argument is otherwise ordered by the Court.
- Upon receipt of a request for oral argument, the Court will issue an Order either granting or denying the request on or before the Monday preceding the submission date. If a party needs an earlier decision to accommodate travel arrangements, such information shall be provided in the request.
- Oral argument is not granted based on poorly briefed motions or oppositions. Requests should specifically identify issues which require oral argument to capture something unable to be explained in writing.

Guidelines for Civil Cases

Party Conferences, Initial Disclosure, Status Conference and Scheduling Conference
- Once a complaint is filed, within the earlier of 90 days after any Defendant is served with the complaint or 60 days after any Defendant has appeared, the Court will issue a Scheduling Order.
- The Court’s Case Manager will contact the parties to arrange a telephone conference to set a trial date, which is used as a starting point for all prior scheduling deadlines.
- Except in cases exempt from initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1)(B),¹ the parties must confer with each other at least 7 days before the Scheduling Conference with the Court’s Case Manager. See Federal Rule of Civil Procedure 26(a)(1)(B), Federal Rule of Civil Procedure 26(f) and Local Rule 26.2(a).
- When the parties confer at least 7 days before the Scheduling Conference, they should make their Rule 26 initial disclosures. If they are unable to make all Rule 26 disclosures during the parties’ conference, they should do so either prior to the Scheduling Conference, but in no event no later than 7 days after the Scheduling Conference.
- The Court will not allow the parties to waive Rule 26 initial disclosures, alter the deadline within which to make Rule 26 disclosures, or agree to stay discovery, without prior approval from the Court. The purpose for this is to alert the Court of motions needing resolution or other matters to be decided which may be interfering with the parties’ ability to make disclosures or conduct discovery.
- This Court strictly adheres to the principles, policies, and goals codified in Federal Rule of Civil Procedure 26.
- The Court’s standing Scheduling Order and Pre-Trial Notice will be issued after the Rule 16(b) Scheduling Conference unless the Court has granted an exception in advance.
- The Case Manager is not authorized to grant any exceptions to the Court’s Scheduling Order or to any rule or policy set out on this website. Parties wanting to request modification of the Court’s Scheduling Order must request a status conference specifically identifying the purpose and attach their request for modification of the Scheduling Order. The Court may or may not grant a status conference prior to ruling on requests for modification of its Scheduling Order.
Typically, discovery will not be stayed pending the Court’s ruling on motions (even motions to dismiss or motions to remand). Claims are pending until they are dismissed, and therefore, they are subject to disclosure and discovery.
After the Court’s Scheduling Order is issued, a formal motion to continue is required to change any deadlines set forth in the Scheduling Order. Continuances of trial are rarely granted. The party seeking a continuance must establish good cause for the continuance pursuant to Fifth Circuit precedent. See Streber v. Hunter, 221 F.3d 701, 736 (5th Cir. 2000); United States v. Alix, 86 F.3d 429, 434 (5th Cir. 1996); Flaska v. Little River Marine Const. Co., 389 F.2d 885, 886 & n.3 (5th Cir. 1968).
Repetitive filings on issues decided by the Court are discouraged. Be sure any requests for reconsideration meet the requirements of Federal Rule of Civil Procedure 54(b) and Federal Rule of Civil Procedure 59(e). The rule of thumb is to make your best arguments in your first request as it is likely the only one you will be allowed.
Parties are ordered to arrange a settlement conference with the United States Magistrate Judge assigned to the case at least six weeks before the pre-trial conference, to be held at least two weeks before the pre-trial conference. The parties are encouraged to contact the Magistrate Judge to set up a settlement conference immediately upon receipt of the Scheduling Order.
The parties may request a status conference by motion explaining the purpose of the request and outlining the issues to be discussed. Only counsel of record (or the party if proceeding pro se) can participate in status conferences.
The Court does not grant status conferences in lieu of motion or to address pending motions.
When a case has settled, plaintiff’s counsel must submit a letter to Chambers with a carbon copy to all counsel notifying the Court that an agreement has been reached. The letter may be submitted either via email to efile-brown@laed.uscourts.gov or via facsimile at 504-589-7507. Following receipt of same, a 60 Day Order of Dismissal will be issued. If all claims are not settled, the letter should explain which party or claims are dismissed and which party or claims remains and should be accompanied by a draft order of dismissal.
Sample Documents
- Order Regarding Motion to Continue Trial
- Order Regarding Motion for Reconsideration
- 60 Day Order
- Scheduling Order
- Pre-trial Notice
- Standing Order

¹I.e. an action for review on an administrative record; a forfeiture action in rem arising from a federal statute; a petition for habeas corpus or any other proceeding to challenge a criminal conviction or sentence; an action brought without an attorney by a person in the custody of the United States, a state, or a state subdivision; an action to enforce or quash an administrative summons or subpoena; an action by the United States to recover benefit payments; an action by the United States to collect on a student loan guaranteed by the United States; a proceeding ancillary to a proceeding in another court; and an action to enforce an arbitration award.

Pretrial Orders and the Pretrial Conference

The pre-trial order should be finalized by the parties in person.
Parties should marshal exhibits (in person) prior to finalizing the pre-trial order and lodging any objections therein.
Disputed issues of fact should be material to the litigation (i.e. consider how the fact will be decided at trial—is it a question on the verdict form?).
Undisputed facts are ultimately stipulated facts.
Disputed issues of law are not simply disputed conclusions of law based on how the Court decides certain facts. The parties’ disputed issues of law involve disputes as to what law is applicable to facts of the case.
Lead trial counsel must attend the pre-trial conference in person (keep this in mind when setting the pre-trial conference date).
Only counsel of record may participate in the pre-trial conference or any other status conference.

Trial Procedure

Evidence Presentation System
- Judge Jolivette Brown’s courtroom is equipped with an evidence presentation system for counsel’s use in displaying exhibits or demonstrative aids using either printed documents, physical evidence, or from a laptop supplied by counsel. Counsel are strongly urged to use this system.
- Please contact the Section G Case Manager for a demonstration of the equipment use. The Court strongly advises counsel to test their personal equipment on the Evidence Presentation System prior to trial or hearing.
- Chambers staff or Court employees will not be allowed to assist litigants with the equipment during trial as it presents an appearance of alignment with a party or otherwise creates the appearance of impropriety.
Civil Jury Trial Voir Dire Outline

Guidelines for Criminal Cases

Counsel should contact the Court’s case manager to schedule a re-arraignment.
Sentencing memoranda must be filed no later than 4:30 p.m. on the third working day prior to the date of the sentencing hearing.
Motions to continue trial should set forth the reasons justifying a continuance in accordance with the Speedy Trial Act. Motions to continue trial should be filed as soon as possible, but in any event at least two days before a scheduled Pre-Trial Conference, unless exceptional circumstances arise.

Courtroom COVID 19

SECTION G HEARING PROTOCOLS DURING COVID-19

Before arriving at the courthouse each day,

All participants must answer the following questions by emailing chambers at eFile-Brown@laed.uscourts.gov.

1) In the past 24 hours, have you had any signs or symptoms of fever, such as chills, sweats, feeling “feverish” or having a temperature that is elevated for you or 99.5F or greater?

2) Have you experienced any of the following symptoms in the last 48 hours:

Cough, shortness of breath, or chest tightness
Sore throat or unexplained loss of smell/taste
Diarrhea, nausea or vomiting

3) In the last 14 days have you:

Traveled outside of the United States?
Been in contact with anyone who has a confirmed COVID 19 diagnosis?
Been notified that you may have been exposed to COVID 19?
Been exposed to anyone that has an open COVID 19 test?
Have you been diagnosed with COVID 19?

All participants must answer these questions between 7:00 and 8:00 a.m. the mornings of the proceeding by emailing chambers by 8:00 a.m. In the event that any participant is not permitted to enter the courthouse, the Court will schedule a telephone conference with counsel to discuss how to proceed. An additional screening, including temperate check, will occur at the public entrance of the courthouse.

In the courthouse,

Face masks must be worn at all times. A minimum social distance of six feet should be maintained. Upon arrival, all participants shall proceed directly to the courtroom. Remain outside the courtroom and socially distance until your case is called.
No more than 2 people may use the elevator at a time.

In the courtroom,

Counsel, along with their clients and client representatives, must remain at their designated counsel table at all times except when speaking at the podium.
Face masks must be worn at all times.
Plexiglass shields have been installed along the Judge’s upper and lower bench as well as the witness stand. Additionally, a plexiglass shield has been placed on counsel table dividing it in half. All participants must remain behind the plexiglass partitions.
Counsel will not be permitted to approach the witness stand and should be prepared to display all exhibits electronically. Counsel may contact the case manager at (504) 589- 7680 to discuss the capability of the courtroom’s evidence presentation equipment.
Physical handling and transfer of exhibits is discouraged. A hard copy or flash drive of all exhibits expected to be admitted during the duration of the proceeding shall be given to the case manager before the start of trial or hearing.
Counsel are strongly encouraged to avoid unnecessary handling of items in the courtroom. Hand sanitizer, gloves and Kleenex will be placed at various points throughout the courtroom. Counsel should apply hand sanitizer prior to adjusting any microphone or using the evidence presentation equipment.
All water pitchers have been removed from the courtroom. The Court is currently providing bottles of water. At the end of the day, counsel shall remove all bottles or containers from counsel table.
Witnesses must be on call or scheduled for their appearance to reduce exposure and unnecessary waiting. Counsel should instruct witnesses to remain outside the courtroom and socially distance from others with a face mask on at all times while awaiting to be called to testify. Any witness on stand-by may be allowed to wait in the Court’s jury room upon request to the Court by the party who will call the witness.
Wipes will be provided at the witness stand. The witness shall wipe down the stand and plexiglass after he/she is excused. The witness should also remove the cover on the microphone when exiting the witness stand. Any subsequent witness will replace the microphone cover. Microphone covers will be made available by the Court. All high-touch surfaces, including but not limited to, chairs, tables, podiums, door handles, etc., will be wiped down and disinfected at the end of each day.
The Court should be advised immediately if a participant becomes unavailable to appear in person due to COVID-19. In that event, a link will be provided to allow participation by Zoom. In the event that a witness must appear by Zoom, counsel must have a laptop or computer available in the courtroom.

United States District Court

Eastern District of Louisiana

The Honorable Wendy B. Vitter, Chief Judge
Carol L. Michel, Clerk of Court

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The Honorable Nannette Jolivette Brown

Staff Information

Judge Tabs