United States District Judge for the District of Wyoming
Chambers e-mail: WyoJudgeNDF@wyd.uscourts.gov
Chambers Phone Number: 307/433-2190
2120 Capitol Avenue
Cheyenne, WY 82001
Chambers Staff for Judge Nancy D. Freudenthal
Kellie Erickson, Judicial Assistant (307) 433-2190, firstname.lastname@example.org
Sandy Potter, Career Law Clerk (307) 433-2192, email@example.com
Case Assignments: Odd-numbered cases (unless conflicted)
Adam Carman, Term Law Clerk (307) 433-2193, firstname.lastname@example.org
Case Assignments: Even-numbered cases (unless conflicted)
Abby Logan, Courtroom Deputy (307) 433-2129, email@example.com
Jan Davis, Court Reporter (307) 314-2356, firstname.lastname@example.org
Telephone calls and emails to chambers regarding scheduling and procedural matters are permitted. For scheduling issues in particular, Judge Freudenthal prefers counsel contact chambers by telephone or email to address any request to change the date set for a hearing, rather than filing a motion. For all emails relating to any matter, please show a copy was sent simultaneously to all counsel. For all phone calls relating to any matter, please obtain permission, prior to contacting chambers, from opposing counsel or all counsel should conference together before calling. Please help us avoid ex parte contacts.
We discourage material sent via fax. We also discourage courtesy copies mailed or delivered to the clerk's office. Please email courtesy copies in Word format, or scan, OCR and email documents to email@example.com. All pleadings (excluding sealed documents) are to be filed in CM/ECF. Sealed documents shall be delivered to the Clerk's Office, and a courtesy copy may be delivered to chambers. Electronic filers under CM/ECF can be assured that chambers receives the Notice of Electronic Filing (NEF) for all documents filed in that system and retrieves documents 24-48 hours after filing.
Mailing address: 2120 Capitol Ave., Room 2242, Cheyenne, WY 82001.
This federal district is committed to full utilization of its magistrate judges. Consent to trial by a magistrate judge should be fairly and appropriately considered by counsel.
All motions should be accompanied by a proposed order. A courtesy copy of the proposed order must be emailed in Word format to firstname.lastname@example.org.
Motions to dismiss will not be set for a hearing absent a request for setting. Unless otherwise approved, each side will be assigned thirty minutes for oral argument. If there are multiple plaintiffs or defendants, the attorneys are responsible for conferring to arrange a sharing of that thirty minute time. If rebuttal time is requested, it must be reserved out of the plaintiff’s thirty minute time at the beginning of argument.
Judge Freudenthal conducts her own initial pretrial conferences. Counsel must meet to confer and finalize a case management report. The format for the report can be found on the Court's website or here - https://www.wyd.uscourts.gov/forms/all-forms. Counsel should file the case management report and send a Word version of the report to the Court's email. Counsel should be prepared to discuss any issues with self-executing discovery and the schedule proposed in the report. Counsel should bring their calendars or internet-capable devices to check calendars (please advise the CSO that you need to bring your iPad, iPhone, or other internet-capable device to the Judge's conference room and this will be permitted). Counsel should review U.S.D.C.L.R. 16.1(b) and be prepared to address matters as indicated. If a location other than Cheyenne is requested for trial (such as Casper or Jackson), counsel should confer and be prepared to address this matter with the Court at the initial pretrial conference.
For those cases with a dispositive motion filing date, Judge Freudenthal typically schedules a status conference to discuss the status of the case and anticipated dispositive motions about a month before the dispositive motion filing date. Counsel should be prepared to discuss the status of claims, and whether any claims have or will be abandoned, any expected dispositive motion, whether a hearing is still desired for the anticipated filing or whether counsel wish to have the matter decided on briefs (if so, a reply brief will be permitted), and the status of settlement. Counsel is encouraged to consider the benefit of mediation and/or settlement conference well before the status conference to avoid disruption of the schedule set in the case.
Case-dispositive motions will typically be decided after a hearing. Judge Freudenthal is usually prepared to pose specific questions to counsel at motion hearings and often issues a tentative ruling, so counsel should not prepare for conventional argument or repeat contents of memoranda. Telephone and video hearings are available on request to avoid expense. Arrangements must be made in advance by contacting the Courtroom Deputy Abby Logan (see above for contact information).
Non-dispositive motions are typically referred for disposition to the Magistrate Judge. Counsel is reminded to follow any procedures required by the Magistrate Judges related to the filing of non-dispositive motions. If expedited treatment of a motion is desired, counsel should secure consent of counsel to an expedited schedule or move for an expedited schedule, and submit a proposed order for expedited treatment.
Page limitations for memoranda are set forth in the Local Rules. Exceptions are rarely granted and only upon a showing of good cause prior to the deadline for filing the memoranda.
Proposed orders must be submitted in Word format to email@example.com. All headers containing counsel contact information are to be omitted. All emails to the Court must be copied to all counsel.
If a motion includes a reference to a deposition, please email the deposition to firstname.lastname@example.org using a format that can be opened through E-Transcript viewer.
Judge Freudenthal discourages filing discovery notices (e.g., notices of deposition, notice of service of interrogatories, etc.) in CM/ECF.
Notwithstanding the local rule, Judge Freudenthal requires all parties file expert witness reports and supplemental or amended expert witness reports in CM/ECF. Allegations that designations are faulty or fail to satisfy Daubert and its progeny should be brought by motion in a timely fashion. Do not wait and file such objections in the form of a motion in limine near trial.
Trial Procedures and Practices:
The form for the Final Pretrial Order used by Judge Freudenthal can be found on the Court's website or here - https://www.wyd.uscourts.gov/forms/all-forms. This Order provides information on such trial matters as jury instructions, voir dire, motions in limine, and exhibit and witness lists. Judge Freudenthal also has a set of trial pointers which can be found on the Court's website or here - https://www.wyd.uscourts.gov/forms/all-forms.
Judge Freudenthal has stock jury instructions for civil and criminal cases as well as stock voir dire, both of which can be found on the Court's website or here - https://www.wyd.uscourts.gov/forms/all-forms. Absent extraordinary circumstances, Judge Freudenthal does not use a jury questionnaire separate from the general one sent by the jury administrator, Tammy Hilliker. Counsel will typically receive the list of individuals summoned for jury selection on the Wednesday before the trial begins from Ms. Hilliker. This list will include basic information on the prospective jurors, although counsel should be cautioned that frequently such information can be dated. Contact with prospective jurors is strictly prohibited.
During trial, Judge Freudenthal uses juror numbers to protect juror confidentiality. Counsel may not refer to jurors on the record by their name, but must use the jurors' assigned numbers.
An electronic evidence presentation system is available for use, and counsel is strongly encouraged to make use of this system. We encourage counsel to contact the Courtroom Deputy Abby Logan (see above for contact information) for a tutorial session to improve evidence presentation and to check for compatibility of equipment. The courtroom also has wireless internet access. The username and password are available from the Courtroom Deputy Abby Logan.
SOCIAL SECURITY COMPLAINT
COUNSEL: PLEASE READ THIS TO SEE HOW TO CREATE THE BEST TRANSCRIPT POSSIBLE!
GENERAL ORDER SETTING REQUIREMENTS FOR INITIAL PRETRIAL CONFERENCE FOR CASES BEFORE THE HONORABLE NANCY D. FREUDENTHAL
FORM OF CASE MANAGEMENT PLAN
DISCOVERY PROTOCOLS FOR EMPLOYMENT LAW CASES
PRACTICAL GUIDE TO PROPORTIONALITY
STIPULATED ORDER REGARDING NON-WAIVER OF ATTORNEY-CLIENT PRIVILEGE AND WORK PRODUCT PROTECTION
FINAL PRETRIAL AND TRIAL POINTERS
GUIDELINES FOR PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR BENCH TRIALS
PROCEDURE FOR PRESENTATION OF DIRECT TESTIMONY BY WRITTEN STATEMENT
VOIR DIRE QUESTIONS (CIVIL)
VOIR DIRE QUESTIONS (CRIMINAL)
CIVIL JURY INSTRUCTIONS