Judge Edward S. Kiel
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Filings > 40 pages
- 2 copies • Mail
Adjournments
- Extension requests must be made by letter application indicating whether all parties consent.
Request must include
- Adjournment requests must be submitted at least 5 business days before the hearing, stating all parties' consent.
Page & Word Limits5 rules
Within seven days after receipt of this letter, all adversaries must submit a written response, not to exceed three single-spaced pages.
- Page limit
- Up to 3 pages
- Format
- Single-spaced
When seeking leave from Judge Kiel, the moving party must first submit a letter, no longer than three pages, summarizing the party’s substantive argument.
- Letter
- Up to 3 pages
a party must submit a pre-motion letter, not to exceed three single-spaced pages
- Pre-motion letter
- Up to 3 pages
- Format
- Single-spaced
Within seven days of the moving party’s letter, the party opposing the motion must submit a letter, no longer than three pages, summarizing the party’s substantive argument in opposition.
- Letter
- Up to 3 pages
Parties may submit a waiver letter (max 3 single-spaced pages) to seek permission to file summary judgment motion in ANDA patent cases.
- Letter
- Up to 3 pages
- Format
- Single-spaced
Court's wording
A party may, however, submit a letter to the Court, not to exceed three single-spaced pages, seeking a waiver of this rule if the party believes that a summary judgment motion would assist the Court in expeditiously resolving the case and would resolve more than mere tangential issues.
Document Format Requirements1 rule
All filed papers shall be in a text-searchable PDF format as required by Local Civil Rule 5.21(h).
- File type
- Filed paper
Formatting
- •Text-searchable
Document Filing Requirements9 rules
Unincorporated business organizations are citizens of all states where their members/partners are citizens for diversity jurisdiction purposes.
Court's wording
Limited liability companies, limited partnerships, and general partnerships are unincorporated business organizations. For the purposes of subject-matter jurisdiction pursuant to 28 U.S.C. § 1332 — commonly known as diversity jurisdiction — in a civil action, unincorporated business organizations are deemed to be citizens of all states in which all of their members and/or partners are citizens, and not simply the states in which they were formed or have their principal places of business.
Summary judgment briefs must include a detailed statement of facts, not incorporate LR 56.1 statements by reference.
- Document
- Brief
Must include
- •Statement of facts
Court's wording
Parties may not incorporate by reference, in their briefs, their numbered statements of material facts (L.Civ.R. 56.1(a)) or responses thereto as a substitute for a statement of facts. In other words, briefs submitted as to motions for summary judgment must include a detailed statement of facts.
The letter must set forth the basis for the proposed motion for summary judgment, with citations to relevant authority, and the issue(s) expected to be resolved by the motion.
The proposed order must include reference to the docket entries the party seeks to seal.
Counsel shall make every effort to secure the consent of all parties regarding the motion to seal, and the movant shall certify in support of the motion whether all parties consent.
A motion to seal must comply with Local Civil Rule 5.3(c) and must include a proposed order and proposed findings of fact and conclusions of law.
- Document
- Motion to seal
Must include
- •Proposed order
Plaintiffs with RICO claims must file a RICO Case Statement within 30 days of filing the complaint.
Court's wording
In all matters in which the complaint contains a RICO claim, pursuant to 18 U.S.C. §§ 1961—1968, plaintiff(s) must file a RICO Case Statement within 30 days of filing the complaint, in accordance with Appendix O of the Local Civil Rules & Appendices found at: https://www.njd.uscourts.gov/local-rules-and-appendices.
Formation state and principal place of business are irrelevant for unincorporated business organization citizenship.
Court's wording
By way of example, the Court sets forth a hypothetical analysis of a limited liability company that is a party to an action wherein diversity jurisdiction is asserted: (a) Alpha LLC is a limited liability company formed under the laws of Oregon with its principal place of business located at 123 Main Street in Boise, Idaho. All of the members of Alpha LLC must be identified because Alpha LLC is an unincorporated business organization. Its Oregon formation and Idaho location are not relevant for a determination as to whether there is complete diversity of citizenship.
Must plead names and citizenships of all members/partners, tracing through layers of unincorporated entities.
- Document
- Pleading
Must include
- •Citizenship of members
Court's wording
When diversity jurisdiction is asserted in an action, and when a party is an unincorporated business organization, the Court expects the following for purposes of determining the citizenship of that unincorporated business organization: (a) The name and citizenship of each member (including managing managing partners, general partners, and limited partners) of that unincorporated business organization must be specifically pleaded; and (b) When a member and/or a partner thereof is itself an unincorporated business organization, the citizenship of that member and/or that partner must be traced and analyzed accordingly.
Filing & Service rules
Electronic Filing Rules
Pro se parties must mail or submit filings to the Clerk’s Office, not Judge Kiel; pro se guide available online.
All filings by pro se parties shall be mailed or filed directly with the Clerk’s Office. Documents mailed to the courthouse must be addressed to the Clerk’s Office, NOT Judge Kiel. Pro se parties are directed to the Procedural Guide for Pro Se Litigants found at: http://www.njd.uscourts.gov/sites/njd/files/ProSePacket_1.pdf.
Page 1 | Pro se Filings
All parties except pro se must electronically file all documents via ECF.
All parties, with the exception of pro se parties, shall electronically file all documents.
Page 1 | Electronic Submissions
Filing Timing and Cure Windows
Within seven days after receipt of this letter, all adversaries must submit a written response, not to exceed three single-spaced pages.
Within seven days after receipt of this letter, all adversaries must submit a written response, not to exceed three single-spaced pages.
Page 3 | Patent Cases
Courtesy Copy Requirements
Two copies of all filed papers exceeding 40 pages per individual document shall be provided to Chambers by mail. Exhibits to any papers should be separated with corresponding exhibit tabs.
Two copies of all filed papers exceeding 40 pages per individual document shall be provided to Chambers by mail. Exhibits to any papers should be separated with corresponding exhibit tabs.
Page 1 | Copies
Filing Bundling Requirements
Supporting documents must be docketed as attachments to the primary filing.
Parties are directed to ensure that all supporting documents to a filing are docketed as attachments to the primary document. For example, a notice of motion filed at ECF No. 10, should have the supporting brief filed at ECF No. 10-1 and any further supporting documents at 10-2, 10-3, et. cetera.
Page 1 | Electronic Submissions
Pre-Motion Conference Requirements
Pre-motion letters required for specified motions, max 3 single-spaced pages; response due 7 days, max 3 pages; exemptions for pro se, bankruptcy, social security cases.
In an effort to resolve cases expeditiously, a party must submit a pre-motion letter, not to exceed three single-spaced pages, requesting leave to file the following motions: (i) motion to dismiss; (ii) motion for a more definite statement; (iii) motion to remand; (iv) motion for change of venue; (v) motion for judgment on the pleadings; and (vi) motion to compel arbitration. The letter must set forth the basis for the anticipated motion and include citations to relevant authority. Within seven days after receipt of this letter, all adversaries must submit a written response, not to exceed three single-spaced pages. No party may submit a reply unless directed by the Court. Affidavits and exhibits are not permitted unless directed by the Court. A proffer by the attorney, however, of the contents of any such affidavit(s) and/or exhibit(s) shall suffice. Failure to file a pre-motion letter may result in the motion being administratively terminated. A party’s submission of a pre-motion letter will toll that party’s time to file its motion (or answer) through the date of the Court’s decision as to whether leave will be granted. The Court reserves the right to hold a conference to determine whether leave will be granted. This procedure does not apply to cases in which the pre-answer motions listed above are filed solely by or against pro se litigant(s) only, or in bankruptcy or social security appeals.
Page 2 | Pre-Motion Procedure
Leave required to file summary judgment motion before close of fact discovery; leave request requires 3-page letter, opposition due 7 days.
Parties may not file an early motion for summary judgment (i.e., prior to the close of fact discovery) without leave from either Judge Kiel or the Magistrate Judge. When seeking leave from Judge Kiel, the moving party must first submit a letter, no longer than three pages, summarizing the party’s substantive argument. Within seven days of the moving party’s letter, the party opposing the motion must submit a letter, no longer than three pages, summarizing the party’s substantive argument in opposition.
Page 2 | Motions for Summary Judgment
Adjournment & Extension Requirements
Adjournment requests must be submitted at least 5 business days before the hearing, stating all parties' consent.
Conferences and hearings, whether telephonic or in-person, are normally scheduled with ample notice to the parties. Accordingly, adjournment requests must be made no later than five business days before the scheduled conference or hearing and shall indicate whether all parties consent.
Page 1 | Adjournment Requests
Extension requests must be made by letter application indicating whether all parties consent.
Extension requests shall be made by letter application, which shall indicate whether all parties consent.
Page 3 | Extensions of Time to a Deadline
Chambers Communication Rules
Communications with law clerks are limited to procedural questions; substantive matters are prohibited.
Judge Kiel permits communications with his law clerks only as to questions regarding Chambers’ procedures and not as to any substantive matters.
Page 1 | Communications with the Court
All court communications must be via CM/ECF or telephone; fax, mail, and email are prohibited without permission.
All communications to the Court shall be by CM/ECF or by telephone. Absent permission from Chambers or as otherwise provided herein, the Court will not accept or consider communications by fax, mail, or email.
Page 1 | Communications with the Court
Parties are encouraged to contact Chambers directly
the parties are encouraged to contact Chambers directly.
Civil cases
Page 5 | standing order