Judge Timothy J. Kelly
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Courtesy copies
- 2 copies
- Upon Filing
Filings > 25 pages
- 2 copies • Hand Delivery • Upon Filing
Rule 56 Motions
- 2 copies • Hand Delivery • Upon Filing
Binding: Three Ring Binder
Adjournments
- Rescheduling hearings requires 1-week advance notice, good cause, and 4 alternative dates.
- Opposition to extension motions must be filed by 5:00 PM the business day after the motion is filed.
- Rescheduling hearings requires a motion at least one week prior with good cause and four alternative dates; if compliance is impossible, explanation is required.
- Extension motions must be filed at least four days before deadline, not by stipulation; explanation required if compliance impossible.
Request must include
- Extension motions require 4-day advance notice and cannot be by stipulation.
Communication
Clerk, Chambers
Phone
Clerk, Chambers
Document Format Requirements7 rules
No extensions for jurisdictional deadlines, even with technical difficulties
Court's wording
However, parties who wait until the last minute to begin filing are warned that technical difficulties do not necessarily constitute “good cause” or “excusable neglect” justifying an extension of an applicable deadline. Fed. R. Civ. P. 6(b). Further, no allowance can be made for late filing documents whose time limits are jurisdictional.
All electronically filed documents shall be filed in text-searchable Portable Data Format (PDF). Exhibits that must be scanned because they exist only in paper format should, if possible, be submitted as text-searchable files using Optical Character Recognition (OCR) technology, available in Adobe Acrobat.
- File type
Except as provided for in Local Civil Rule 5.4 1 or with prior leave of Court upon good cause shown, the parties shall file all documents electronically. All electronically filed documents shall be filed in text-searchable Portable Data Format (PDF).
- File type
Formatting
- •Text-searchable
- •OCR for paper exhibits
Exception
As provided for in Local Civil Rule 5
Courtesy copies should include the headers added by the Case Management/ Electronic Case Files (CM/ECF) System and be submitted in binders, three-hole punched, printed double-sided. Briefs and exhibits shall be tabbed and indexed for ease of reference.
- Binding
- Binder
Formatting
- •Include ECF headers
- •Three-hole-punched
- •Double-sided
- •Tabbed and indexed
The Court may take into consideration technical difficulties experienced by a filer when presented a late filing. However, parties who wait until the last minute to begin filing are warned that technical difficulties do not necessarily constitute “good cause” or “excusable neglect” justifying an extension of an applicable deadline.
All electronically filed documents and exhibits shall be clearly titled, and exhibits shall be filed as separate documents.
Formatting
- •Clear titling
- •Exhibits as separate documents
Paper exhibits should be OCR-processed for text-searchability
- Exhibits
Formatting
- •OCR processing
- •Text-searchable
Court's wording
Exhibits that must be scanned because they exist only in paper format should, if possible, be submitted as text-searchable files using Optical Character Recognition (OCR) technology, available in Adobe Acrobat.
Document Filing Requirements29 rules
Plaintiff must file proof of service with the Court per Local Civil Rule 5.3.
- Document
- Complaint
Must include
- •Certificate of service
Court's wording
Plaintiff shall promptly serve the Complaint in accordance with Federal Rule of Civil Procedure 4; shall file the proof of service with the Court, in accordance with Local Civil Rule 5.3; and shall ensure that all parties receive a copy of this Standing Order.
Any amended or proposed amended pleadings shall be accompanied by a redline comparison of the original and amended or proposed pleading.
Any amended or proposed amended pleadings shall be accompanied by a redline comparison of the original and amended or proposed pleading.
- Document
- Amended pleading
Must include
- •Redline comparison
All motions for admission pro hac vice shall comply with the requirements of Local Civil Rule 83.2(d). The Court may deny any such motion that fails to provide all required information.
Extension motions must include 7 specific elements including original date, requested time, previous extensions, good cause, impact on other deadlines, proposed schedule, and opposition statement.
- Document
- Motion for extension of time
Must include
- •Good cause
- •Original date
- •Time requested
- •Proposed schedule
- •Number of previous extensions
Court's wording
Motions for extension of time shall include the following: (1) the original date of the deadline the motion is seeking to extend; (2) the time requested for the extension; (3) the number of previous extensions, if any, granted to each party; (4) good cause supporting the extension; (5) the effect, if any, that the granting of the extension will have on other previously-set deadlines; (6) a proposed schedule for any other affected deadlines, to be proposed only after consulting with opposing counsel; and (7) a statement of whether opposing counsel opposes the motion in accordance with Local Civil Rule 7(m).
Non-dispositive motions must comply with Local Civil Rule 7(m) and include required statement or face denial.
Court's wording
All non-dispositive motions shall comply with Local Civil Rule 7(m), which applies to all non-incarcerated parties. The Court may deny any non- dispositive motion that fails to include the required statement.
Extension motions must include seven specific elements including original deadline, time requested, prior extensions, good cause, and consulting opposing counsel.
Court's wording
Motions for extension of time shall include the following: (1) the original date of the deadline the motion is seeking to extend; (2) the time requested for the extension; (3) the number of previous extensions, if any, granted to each party; (4) good cause supporting the extension; (5) the effect, if any, that the granting of the extension will have on other previously-set deadlines; (6) a proposed schedule for any other affected deadlines, to be proposed only after consulting with opposing counsel; and (7) a statement of whether opposing counsel opposes the motion in accordance with Local Civil Rule 7(m).
Court strictly enforces Local Civil Rule 7(h)(1); facts in moving party's statement are admitted unless controverted in opposition.
- Document
- Motion for summary judgment
Include
- •Statement of material facts
Court's wording
The Court strictly enforces Local Civil Rule 7(h)(1) when resolving motions for summary judgment and will “assume that facts identified by the moving party in its statement of material facts are admitted, unless such a fact is controverted in the statement of genuine issues filed in opposition to the motion.” LCvR 7(h)(1); see also Fed. R. Civ. P. 56(e).
All motions for admission pro hac vice shall comply with the requirements of Local Civil Rule 83.2(d). The Court may deny any such motion that fails to provide all required information.
Non-dispositive motions must comply with Local Civil Rule 7(m) and include required statement.
Court's wording
All non-dispositive motions shall comply with Local Civil Rule 7(m), which applies to all non-incarcerated parties. The Court may deny any non- dispositive motion that fails to include the required statement.
Seal motions must explain justification under Hubbard factors, propose redactions, and include each document as separate exhibit.
- Document
- Motion to seal
Must include
- •Separate exhibit for each document
Court's wording
Any motion for leave to file under seal shall: (1) explain why sealing specific information is justified in light of the factors set forth in United States v. Hubbard, 650 F.2d 293 (D.C. Cir. 1980); (2) propose redactions or explain why redactions are sufficiently impracticable to outweigh the presumption of public access; and (3) include as a separate exhibit each document sought to be sealed.
Summary judgment motions require statement of material facts with specific record citations per Local Civil Rule 7(h)(1).
Court's wording
For those cases covered by Local Civil Rule 7(h)(1), each party submitting a motion for summary judgment shall comply with it by submitting a statement of material facts for which that party contends there is no genuine dispute, with specific citations to those portions of the record upon which the party relies in fashioning the statement.
Protective order motions must include proposed order attachment and explain good cause.
- Document
- Motion for protective order
Must include
- •Proposed order
Court's wording
All motions for protective order shall: (1) include as an attachment the proposed order, and (2) explain why good cause exists to enter the proposed order, see Fed R. Civ. P. 26(c); Klayman v. Judicial Watch, Inc., 247 F.R.D. 19, 22–23 (D.D.C. 2007).
Summary judgment motions must include statement of material facts with specific record citations under Local Civil Rule 7(h)(1).
- Document
- Motion for summary judgment
Must include
- •Statement of material facts
Court's wording
For those cases covered by Local Civil Rule 7(h)(1), each party submitting a motion for summary judgment shall comply with it by submitting a statement of material facts for which that party contends there is no genuine dispute, with specific citations to those portions of the record upon which the party relies in fashioning the statement.
The party opposing the motion shall, in turn, submit a statement enumerating all material facts which the party contends are genuinely disputed and thus require trial.
The party opposing the motion shall, in turn, submit a statement enumerating all material facts which the party contends are genuinely disputed and thus require trial.
Motions for protective order must attach proposed order and explain good cause under Fed R. Civ. P. 26(c).
- Document
- Motion
Must include
- •Proposed order
Court's wording
All motions for protective order shall: (1) include as an attachment the proposed order, and (2) explain why good cause exists to enter the proposed order, see Fed R. Civ. P. 26(c); Klayman v. Judicial Watch, Inc., 247 F.R.D. 19, 22–23 (D.D.C. 2007).
Opposing party must file counter-statement as two-column table with specific admission/denial format and citations, plus provide editable electronic copy to movant.
- Document
- Opposition
Must include
- •Statement of facts
Court's wording
The party opposing summary judgment shall, in accordance with Local Civil Rule 7(h)(1), file a statement setting forth all material facts that the party contends are genuinely disputed and thus require trial. This document shall be formatted as a two-column table entitled "Counter-Statement of Disputed Facts." In the left column, the opposing party shall include the list of material facts that the movant contends are not in dispute, with the movant's citations to the record. In the right column, the opposing party shall indicate whether each corresponding fact in the left column is admitted or denied, and for those denied, provide specific citations to the record. If the fact is admitted in part and denied in part, the opposing party shall specifically identify which parts are admitted and which are denied, with appropriate citations to the record. The opposing party shall also include any information relevant to its response in the right column, again, with specific citations to the record. If the opposing party has additional facts that do not directly correspond to its response to a specific paragraph, it must identify such facts in consecutively numbered rows in the right-hand column at the end of its responsive statement of facts. Following the filing of this document, the opposing party shall promptly provide an electronic copy in editable format to the moving party.
Following the filing of this document, the opposing party shall promptly provide an electronic copy in editable format to the moving party.
- Document
- Summary judgment opposition
Must include
- •Editable electronic copy
Moving party must file 2-column table of undisputed facts for summary judgment
Court's wording
The party moving for summary judgment shall, in accordance with Local Civil Rule 7(h)(1), file a short and concise statement of material facts for which it contends there is no genuine dispute. This document shall be formatted as a two-column table entitled “Statement of Material Facts Not in Dispute.”
Following the filing of this document, the moving party shall promptly provide an electronic copy in editable format to the opposing party.
- Document
- Summary judgment motion
Must include
- •Editable electronic copy
Opposing party must file 2-column table of disputed facts for summary judgment
- Document
- Summary judgment opposition
Must include
- •Statement of facts
- •Counter-Statement of Disputed Facts
Court's wording
The party opposing summary judgment shall, in accordance with Local Civil Rule 7(h)(1), file a statement setting forth all material facts that the party contends are genuinely disputed and thus require trial. This document shall be formatted as a two-column table entitled “Counter-Statement of Disputed Facts.”
Moving party's reply to counter-statement must be formatted as two-column table with citations.
- Document
- Reply
Must include
- •Statement of facts
Court's wording
The moving party shall file a statement responding to any additional facts that the party opposing summary judgment has identified. This document shall be formatted as a two-column table entitled "Reply to Counter-Statement of Disputed Facts." In the corresponding spaces in the left column, the moving party shall respond to the opposing party's additional facts with appropriate citations to the record.
The moving party shall file a statement responding to any additional facts that the party opposing summary judgment has identified. This document shall be formatted as a two-column table entitled “Reply to Counter-Statement of Disputed Facts.”
- Document
- Summary judgment reply
Must include
- •Statement of facts
The party moving for summary judgment shall, in accordance with Local Civil Rule 7(h)(1), file a short and concise statement of material facts for which it contends there is no genuine dispute. This document shall be formatted as a two-column table entitled "Statement of Material Facts Not in Dispute." In the left column, the moving party shall list in separately numbered rows concise statements of each material fact it contends is not in dispute, supported by citations to the record. The statement must contain only one undisputed factual assertion per numbered row. Following the filing of this document, the moving party shall promptly provide an electronic copy in editable format to the opposing party.
If the case settles in whole or in part, counsel shall promptly advise the Court.
The parties shall not file a discovery motion without prior consultation with opposing counsel, and without leave of Court.
Discovery disputes must be resolved through good faith conference before filing motion
Court's wording
The parties are expected to fully comply with Local Civil Rule 26.2. Moreover, counsel are required, under both Federal Rule of Civil Procedure 26(f) and Local Civil Rule 7(m), to confer in good faith in an effort to resolve any discovery dispute before bringing it to the Court’s attention.
Settlement evaluation and alternative dispute resolution encouraged at any time
Court's wording
The parties are expected to evaluate their respective cases for purposes of settlement. The Court encourages the use of alternative dispute resolution—e.g., mediation or neutral case evaluation. The use of these methods is available at any time, as is a settlement conference before a magistrate judge.
Filing & Service rules
Courtesy Copy Requirements
Moving party must deliver 2 courtesy copies of motion papers to chambers
The moving party shall deliver to chambers two copies of a binder containing all the motion papers for (a) any motion for which the total combined submissions from both
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Page 5 | 13. Courtesy Copies
Pro se parties are exempt from courtesy copy requirements.
Pro se parties are excused from complying with the courtesy-copy requirement.
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Page 6 | 13. Courtesy Copies
Courtesy copies required for motions exceeding 25 pages or summary judgment motions, with specific formatting and delivery requirements.
The moving party shall deliver to chambers two copies of a binder containing all the motion papers for (a) any motion for which the total combined submissions from both sides exceed twenty-five pages, and (b) any motion for summary judgment, at the time the reply is filed. In the case of cross-motions, the initial moving party shall provide courtesy copies for the full set of briefing. Courtesy copies should include the headers added by the Case Management/Electronic Case Files (CM/ECF) System and be submitted in binders, three-hole punched, printed double-sided. Briefs and exhibits shall be tabbed and indexed for ease of reference. If hand delivered, courtesy copies should be delivered to the loading dock for screening and should not be delivered directly to chambers.
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Page 5 | 13. Courtesy Copies
Courtesy copies required when combined motion papers exceed 25 pages.
The moving party shall deliver to chambers two copies of a binder containing all the motion papers for (a) any motion for which the total combined submissions from both sides exceed twenty-five pages, and (b) any motion for summary judgment, at the time the reply is filed.
Civil cases
Page 5 | 13. Courtesy Copies
Sealing & Redaction Procedures
When proposing redactions, parties must file an unredacted copy with proposed redactions highlighted.
When proposing redactions, parties shall also file an unredacted copy of the document with the proposed redacted portions highlighted.
Civil cases
Page 4 | 11. Other Non-Dispositive Motions
Sealed documents in unsealed cases require motion to seal per Local Civil Rule 5.1(h).
Absent specific statutory authority, a proposed sealed document in an otherwise unsealed case must be accompanied with a motion to seal in accordance with Local Civil Rule 5.1(h) and be filed pursuant to the procedures established by the Clerk's Office.
Civil cases
Page 4 | 11. Other Non-Dispositive Motions
Sealing cannot be justified solely by protective order; unredacted copy with highlighted redactions must be filed.
Parties may not justify sealing solely on the basis that information is covered by a protective order. When proposing redactions, parties shall also file an unredacted copy of the document with the proposed redacted portions highlighted.
Civil cases
Page 4 | 11. Other Non-Dispositive Motions
Sealed documents require motion to seal under Local Civil Rule 5.1(h).
Absent specific statutory authority, a proposed sealed document in an otherwise unsealed case must be accompanied with a motion to seal in accordance with Local Civil Rule 5.1(h) and be filed pursuant to the procedures established by the Clerk’s Office.
Civil cases
Page 4 | 11. Other Non-Dispositive Motions
Motions to seal must justify under Hubbard factors, propose redactions or explain impracticability, and include each document as separate exhibit.
Any motion for leave to file under seal shall: (1) explain why sealing specific information is justified in light of the factors set forth in United States v. Hubbard, 650 F.2d 293 (D.C. Cir. 1980); (2) propose redactions or explain why redactions are sufficiently impracticable to outweigh the presumption of public access; and (3) include as a separate exhibit each document sought to be sealed.
Civil cases
Page 4 | 11. Other Non-Dispositive Motions
Unredacted courtesy copies required for sealed/redacted filings, with redacted portions highlighted
If the parties have redacted or filed under seal any portion of the motion papers or attendant exhibits, courtesy copies shall be unredacted, but the portions redacted from public filings should be highlighted, so that the Court will know to refrain from quoting those passages in opinions and orders.
Civil cases
Page 6 | 13. Courtesy Copies
Protective order coverage alone is insufficient justification for sealing.
Parties may not justify sealing solely on the basis that information is covered by a protective order.
Civil cases
Page 4 | 11. Other Non-Dispositive Motions
Sealed/redacted filings require unredacted courtesy copies with redacted portions highlighted.
If the parties have redacted or filed under seal any portion of the motion papers or attendant exhibits, courtesy copies shall be unredacted, but the portions redacted from public filings should be highlighted, so that the Court will know to refrain from quoting those passages in opinions and orders.
Civil cases
Page 6 | 13. Courtesy Copies
Pre-Motion Conference Requirements
Oppositions to extension motions must be filed by 5:00 p.m. the business day after the motion is filed.
If a party intends to file an opposition, it shall do so by 5:00 p.m. the business day after the motion is filed.
Civil cases
Page 3 | 10. Motions for Extensions of Time
Court strictly enforces LR 7(h)(1); moving party facts deemed admitted unless controverted in opposition statement.
The Court strictly enforces Local Civil Rule 7(h)(1) when resolving motions for summary judgment and will "assume that facts identified by the moving party in its statement of material facts are admitted, unless such a fact is controverted in the statement of genuine issues filed in opposition to the motion." LCvR 7(h)(1); see also Fed. R. Civ. P. 56(e).
Civil cases
Page 4 | 12. Motions for Summary Judgment
Parties must confer before filing discovery motions and obtain leave of court.
The parties are expected to fully comply with Local Civil Rule 26.2. Moreover, counsel are required, under both Federal Rule of Civil Procedure 26(f) and Local Civil Rule 7(m), to confer in good faith in an effort to resolve any discovery dispute before bringing it to the Court's attention. The parties shall not file a discovery motion without prior consultation with opposing counsel, and without leave of Court.
Civil cases
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Court may strike statements of material fact that do not conform to rules or comply with instructions.
the Court may strike statements of material fact that do not conform to the rules or do not comply with the below instructions.
Civil cases
Page 4 | 12. Motions for Summary Judgment
Adjournment & Extension Requirements
Opposition to extension motions must be filed by 5:00 PM the business day after the motion is filed.
If a party intends to file an opposition, it shall do so by 5:00 p.m. the business day after the motion is filed.
Civil cases
Page 3 | 10. Motions for Extensions of Time
Extension motions must be filed at least four days before deadline, not by stipulation; explanation required if compliance impossible.
Motions for extensions or enlargements of time are discouraged. Such motions will only be granted only upon motion and not upon stipulation of the parties. Such motions shall be filed at least four days prior to the deadline at issue and conform with the requirements set forth in this section. If a party cannot comply with this four-day requirement, it shall explain why it cannot do so in its motion.
Civil cases
Page 3 | 10. Motions for Extensions of Time
Extension motions require 4-day advance notice and cannot be by stipulation.
Motions for extensions or enlargements of time are discouraged. Such motions will only be granted only upon motion and not upon stipulation of the parties. Such motions shall be filed at least four days prior to the deadline at issue and conform with the requirements set forth in this section. If a party cannot comply with this four-day requirement, it shall explain why it cannot do so in its motion.
Civil cases
Page 3 | 10. Motions for Extensions of Time
Rescheduling hearings requires a motion at least one week prior with good cause and four alternative dates; if compliance is impossible, explanation is required.
Requests to reschedule hearings are discouraged. If a party seeks to change a previously scheduled hearing date, that party shall meet and confer with the opposing party and file a motion at least one week prior to the scheduled hearing that shows good cause and proposes four alternative dates and times that would be convenient for all parties. If the suggested dates and/or times are not available on the Court's calendar, the Court will select an alternative date and/or time. In the event that the Court is closed or has a delayed opening due to inclement weather or an unforeseen emergency, affected hearings will be rescheduled by the Courtroom Deputy Clerk. If a party cannot comply with this one-week requirement, it shall explain why it cannot do so in its motion.
Civil cases
Page 3 | 9. Rescheduling Hearings
Rescheduling hearings requires 1-week advance notice, good cause, and 4 alternative dates.
Requests to reschedule hearings are discouraged. If a party seeks to change a previously scheduled hearing date, that party shall meet and confer with the opposing party and file a motion at least one week prior to the scheduled hearing that shows good cause and proposes four alternative dates and times that would be convenient for all parties.
Civil cases
Page 3 | 9. Rescheduling Hearings
Chambers Communication Rules
Chambers contact permitted only for emergencies via joint conference call; scheduling inquiries go to Courtroom Deputy via email or phone.
If extraordinary circumstances or emergencies so require, however, counsel may contact chambers jointly via conference call. Chambers will not provide legal advice of any kind. Parties may also contact the Courtroom Deputy Clerk, Katrina Harris, at Katrina_Harris@dcd.uscourts.gov or (202) 354-3495, with scheduling inquiries about the case.
Civil cases
Page 1 | 2. Communications with Chambers
Except as authorized in this order, parties may not contact chambers by telephone. Ex parte communication with the Court, including through law clerks, is prohibited. If extraordinary circumstances or emergencies so require, however, counsel may contact chambers jointly via conference call.
Except as authorized in this order, parties may not contact chambers by telephone. Ex parte communication with the Court, including through law clerks, is prohibited. If extraordinary circumstances or emergencies so require, however, counsel may contact chambers jointly via conference call.
Civil cases
Page 1 | 2. Communications with Chambers
For telephonic proceedings, parties must contact Courtroom Deputy at least one business day in advance.
When the Court orders proceedings to proceed telephonically, each party must contact the Courtroom Deputy at (202) 354-3495 at least one business day in advance to make arrangements to appear.
Civil cases
Page 2 | 5. Court Proceedings
If hand delivered, courtesy copies should be delivered to the loading dock for screening and should not be delivered directly to chambers.
If hand delivered, courtesy copies should be delivered to the loading dock for screening and should not be delivered directly to chambers.
Civil cases
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Unresolved discovery disputes require joint contact with chambers for telephone conference
If the parties are unable to resolve a discovery dispute, counsel shall contact Chambers jointly in order to arrange for a telephone conference with the Court.
Civil cases
Page 6 | 14. Discovery
Counsel must contact chambers jointly to arrange telephone conference for unresolved discovery disputes.
If the parties are unable to resolve a discovery dispute, counsel shall contact Chambers jointly in order to arrange for a telephone conference with the Court.
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Page 6 | 14. Discovery
Telephonic proceedings require advance contact with Courtroom Deputy
When the Court orders proceedings to proceed telephonically, each party must contact the Courtroom Deputy at (202) 354-3495 at least one business day in advance to make arrangements to appear.
Civil cases
Page 2 | 5. Court Proceedings
Parties may also contact the Courtroom Deputy Clerk, Katrina Harris, at Katrina_Harris@dcd.uscourts.gov or (202) 354-3495, with scheduling inquiries about the case.
Parties may also contact the Courtroom Deputy Clerk, Katrina Harris, at Katrina_Harris@dcd.uscourts.gov or (202) 354-3495, with scheduling inquiries about the case.
Civil cases
Page 1 | 2. Communications with Chambers
Contact Courtroom Deputy Clerk for scheduling inquiries
Parties may also contact the Courtroom Deputy Clerk, Katrina Harris, at Katrina_Harris@dcd.uscourts.gov or (202) 354-3495, with scheduling inquiries about the case.
Civil cases
Page 1 | 2. Communications with Chambers
Counsel may contact chambers at any time to pursue settlement options
If counsel are interested in pursuing these options, they may contact Chambers at any time.
Civil cases
Page 6 | 15. Settlement