Judge Catherine Henry
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Upon request
Adjournments
- Continuances impacting oral argument or trial dates require 14+ business days notice and good cause
- Continuances impacting oral argument or trial dates require 14 business days notice and good cause.
- Continuance requests for motions and discovery deadlines, hearings, and trial must be filed in the form of a motion. Joint continuance requests must be filed as a joint motion and include a proposed order.
- Continuance requests must be in writing with reason and opposing party's position.
- Continuance requests must be in writing and include the reason and opposing party's position.
- +3 more
Request must include
- Threshold motions (e.g., motions to transfer or substitute parties) should be filed at least seven (7) days before the Rule 16 conference.
- Expedited sentencing requests require 2-day advance notice to chambers and probation.
- Joint discovery continuances granted if made 7+ business days before deadline and don't impact key dates
- A joint request for a continuance related to discovery may be filed in the form of a motion or as a joint stipulation. Judge Henry will generally grant joint discovery continuance requests if (1) they do not impact key motions deadlines or trial dates, and (2) they are made at least seven (7) business days before the scheduled deadline.
- Complex motions in limine must be filed at least 7 business days before final pretrial conference.
- Criminal trial continuance requests must be filed at least 14 days before the scheduled trial date.
- Continuance requests must be filed at least 14 days before trial.
Communication
Chambers
Chambers
Phone
Chambers
Chambers
Page & Word Limits8 rules
A brief of up to five (5) pages that (1) outlines the efforts the parties have made to resolve the dispute and (2) cites any applicable legal authority.
- Page limit
- Up to 5 pages
A brief of up to five (5) pages that (1) outlines the efforts the parties have made to resolve the dispute and (2) cites any applicable legal authority.
- Brief
- Up to 5 pages
One reply brief (max 10 pages) allowed within 14 days of opposition.
- Reply brief
- Up to 10 pages
Court's wording
One reply brief may be filed within fourteen (14) days of service of the opponent's brief in opposition; parties must seek leave from the Court to file any additional supplemental briefings. Reply or supplemental briefings must not exceed ten (10) pages and must be limited to new concerns raised by the response brief.
Any dispositive motion and its supporting memorandum of law must not exceed twenty (25) pages. This page limit applies to argument only.
- Dispositive motion
- Up to 25 pages
Reply brief limited to 10 pages, due within 14 days; supplemental briefings require leave.
- Reply
- Up to 10 pages
- sur-reply
Court's wording
One reply brief may be filed within fourteen (14) days of service of the opponent's brief in opposition; parties must seek leave from the Court to file any additional supplemental briefings. Reply or supplemental briefings must not exceed ten (10) pages and must be limited to new concerns raised by the response brief.
Any dispositive motion and its supporting memorandum of law must not exceed twenty (25) pages. This page limit applies to argument only.
- Motion
- Up to 25 pages
- Case dispositive motion
Oversize briefs allowed with certification if due to pictures/charts; otherwise leave required 3 business days before deadline.
Court's wording
If a filing exceeds these page limits due only to the size of pictures or charts embedded within the filing, then the party may file the oversize brief and must certify that that is why the brief is oversize. Otherwise, parties must seek leave from the Court to file an oversize brief at least three (3) business days prior to a filing deadline.
Factual statements on summary judgment do not count toward 25-page limit unless substantially argumentative.
- Page limit
- Up to 25 pages
Court's wording
These factual statements must be brief and generally nonargumentative and cannot be used to evade page-limit requirements for briefs; factual statements do not count towards the 25-page limit for briefings unless there are substantial argumentative passages.
Document Format Requirements3 rules
All Pre-Sentence Investigation Reports and Sentencing Memoranda shall also be promptly delivered to chambers in Microsoft Word Format by email to Chambers_of_Judge_Catherine_Henry@paed.uscourts.gov.
- File type
- Word
- Presentence investigation report
- Sentencing memorandum
One additional set of exhibits that are not hole punched or marked with anything besides exhibit numbers, which may be presented to witnesses and jurors.
- Exhibits
Formatting
- •Not hole punched
- •For presentation to witnesses and jurors
One full set of exhibits that is organized in a tabbed binder with all exhibits numbered consecutively (not separately numbered by party).
- Exhibits
Formatting
- •Organized in tabbed binder
Document Filing Requirements34 rules
Parties are also expected to submit all possible threshold motions no later than (5) days before the Rule 16 conference, including any motions to dismiss, transfer, or add parties.
The motion must specify (1) the attorney's admissions, (2) why the party desires that attorney to participate in litigation, and (3) why that attorney is particularly qualified to represent the party.
The Rule 26(f) report must be submitted no later than five (5) days before the Rule 16 conference.
AI use must be declared and cited authorities verified.
- Document
- All documents
Must include
- •AI disclosure
Court's wording
Parties who use Artificial Intelligence in preparing papers filed with the Court must declare the use of AI, which AI was used and must certify that the signer checked that all cited authorities are proper.
The parties are expected to meet at least fourteen (14) days before the Rule 16 Conference.
Parties must fill out the Rule 26(f) form available on Judge Henry’s Court webpage (https://www.paed.uscourts.gov/sites/paed/files/documents/procedures/henpolb.pdf).
Parties using AI to prepare court filings must declare which AI was used and certify that cited authorities were verified.
- Document
- All documents
Must include
- •AI disclosure
Court's wording
Parties who use Artificial Intelligence in preparing papers filed with the Court must declare the use of AI, which AI was used and must certify that the signer checked that all cited authorities are proper.
Discovery motion must certify good faith efforts and request phone conference if desired.
Court's wording
A motion that (1) complies with Local Civil Rule 26.1(f) by certifying that the parties, after reasonable effort, are unable to resolve the dispute, and (2) specifies whether the parties request a telephone conference with Judge Henry to resolve the matter;
Discovery dispute motions must include certification of efforts to resolve, request for telephone conference specification, and a proposed order.
- Document
- Discovery motion
Include
- •Proposed order
Court's wording
A motion that (1) complies with Local Civil Rule 26.1(f) by certifying that the parties, after reasonable effort, are unable to resolve the dispute, and (2) specifies whether the parties request a telephone conference with Judge Henry to resolve the matter; • A proposed order
A proposed order;
Include
- •Proposed order
Multiple plaintiffs or multiple defendants must file joint motions with their co-parties, unless there are conflicts in their position.
A statement of facts must accompany a moving party's motion for summary judgment.
- Document
- Summary judgment motion
Must include
- •Statement of facts
Continuance motions must include reasons, opposing position, time sought, and scheduling conflicts.
- Document
- Continuance motion
Must include
- •Existing conflicts
- •Reason for request
- •Amount of time sought
- •Position of other side
Court's wording
Requests for a continuance must be filed as a motion stating the reasons for the request, the position of the other side, the amount of time sought, and existing conflicts potentially impacting scheduling of a new trial date.
The proposed form of order must be consistent with the requirements of the Speedy Trial Act, 18 U.S.C. § 3161(h)(8), and must include a proposed
Criminal continuance motions must state reasons, other side's position, time sought, and conflicts, and must include a defendant-signed consent form and Speedy Trial Act compliant proposed order.
Court's wording
Requests for a continuance must be filed as a motion stating the reasons for the request, the position of the other side, the amount of time sought, and existing conflicts potentially impacting scheduling of a new trial date. Any such motion must be accompanied by a consent form signed by the defendant. The proposed form of order must be consistent with the requirements of the Speedy Trial Act, 18 U.S.C. § 3161(h)(8), and must include a proposed
Any such motion must be accompanied by a consent form signed by the defendant.
- Document
- Continuance motion
Must include
- •Consent form signed by defendant
Government must file trial memorandum one week before jury selection with witness and evidence details.
Court's wording
The government must file a trial memorandum by no later than one week before jury selection setting forth the essential elements of the offenses, the facts which it intends to present, the identity of each witness it intends to call, a statement of the substance of each witness' testimony and any legal issues. The defendant is not required to file a trial memorandum but may do so.
Government must submit guilty plea memorandum one week before change of plea hearing via email.
Court's wording
The United States must submit a guilty plea memorandum at least one week prior to the change of plea hearing. The memorandum shall include the elements of each offense to which the defendant is pleading guilty and legal citations for the elements, the maximum statutory penalties for each offense, the terms of any plea agreement and the factual basis for the plea. The change of plea memorandum shall be submitted to chambers by email to Chambers_of_Judge_Catherine_Henry@paed.uscourts.gov.
Government must submit guilty plea memorandum one week before plea hearing with specific content requirements.
Court's wording
The United States must submit a guilty plea memorandum at least one week prior to the change of plea hearing. The memorandum shall include the elements of each offense to which the defendant is pleading guilty and legal citations for the elements, the maximum statutory penalties for each offense, the terms of any plea agreement and the factual basis for the plea. The change of plea memorandum shall be submitted to chambers by email to Chambers_of_Judge_Catherine_Henry@paed.uscourts.gov.
Government must file trial memorandum one week before jury selection with witness and issue details.
Court's wording
The government must file a trial memorandum by no later than one week before jury selection setting forth the essential elements of the offenses, the facts which it intends to present, the identity of each witness it intends to call, a statement of the substance of each witness' testimony and any legal issues.
Sentencing motions due 7 days before sentencing; responses due 3 days before; no replies without leave.
- Document
- Sentencing memorandum
Must include
- •Legal argument
Court's wording
Counsel must file sentencing motions and supporting memoranda at least seven days prior to the scheduled sentencing date, and any response thereto must be filed at least three days prior to the scheduled sentencing date. The memorandum must set forth any legal authority relied upon by the party. No replies may be filed without leave.
Sentencing memoranda due 7 days before sentencing; responses due 3 days before.
Court's wording
Sentencing memoranda (exclusive of motions), by both the United States and the defense must be filed no later than seven days before the scheduled sentencing date, and any response thereto must be filed at least three days prior to the scheduled sentencing date.
All Pre-Sentence Investigation Reports and Sentencing Memoranda shall also be promptly delivered to chambers in Microsoft Word Format by email to Chambers_of_Judge_Catherine_Henry@paed.uscourts.gov.
Sentencing motions must be filed 7 days before sentencing with 3-day response deadline.
- Document
- Sentencing motion
Must include
- •Legal argument
Court's wording
Counsel must file sentencing motions and supporting memoranda at least seven days prior to the scheduled sentencing date, and any response thereto must be filed at least three days prior to the scheduled sentencing date. The memorandum must set forth any legal authority relied upon by the party. No replies may be filed without leave.
Sentencing memoranda must be filed 7 days before sentencing with 3-day response deadline.
Court's wording
Sentencing memoranda (exclusive of motions), by both the United States and the defense must be filed no later than seven days before the scheduled sentencing date, and any response thereto must be filed at least three days prior to the scheduled sentencing date.
All proposed orders must contain language to this effect: "The Court reserves its inherent power to modify the terms of this Order and permit the disclosure of information in the interest of justice."
Summary judgment motions must include a statement of facts as a separate document with numbered paragraphs and pinpoint citations.
- Document
- Motion
Must include
- •Statement of facts
Court's wording
A statement of facts must accompany a moving party's motion for summary judgment. The parties may jointly file a statement of stipulated material facts. Alternatively, the moving party may file proposed undisputed material facts. Regardless of which option the parties choose, the moving party must file that initial statement of material facts as a separate document with the moving party's Rule 56 motion. Each fact must be in a separately numbered paragraph and accompanied by pinpoint citations that cite not only the relevant exhibit, but the relevant page and line number of that exhibit.
Flawed or incomplete submissions will be returned to counsel for revision and resubmission.
A party that fails to participate in good faith in the Rule 26(f) meeting, report, or revision requests will have no voice at the initial Rule 16 conference.
Amended pleadings must include a brief descriptive summary of all changes and clearly indicate the additions or corrections made by the filing of both a clean copy and a redlined copy.
Parties are encouraged to attach any key documents for the Court’s review ahead of the Rule 16 conference (e.g., a disputed contract).
The parties may attach any supplemental information desired to this form; the form is a minimum requirement.
Parties are encouraged to submit a joint appendix with the moving party's briefings.
- Document
- Summary judgment motion
Include
- •Joint appendix
Pretrial memoranda are due 7 business days before the final pretrial conference and must contain witness lists, motions in limine, deposition notices, objections, stipulations, voir dire questions, and jury instructions.
Court's wording
Pretrial memoranda must be submitted at least (7) business days prior to the final pretrial conference and must include the following: • A list of witnesses and the substance of each witness's testimony. • A list and brief description of any motions in limine. • Notice of any depositions (written or video) that the party intends to use at trial. • Any objections to witnesses and exhibits that the parties have been unable to resolve. Wherever applicable, the objecting party must identify the page of an exhibit and page and line number of a deposition that the party objects to and state the basis of the objection. • A list of any joint stipulations that the parties plan to enter at trial. • Proposed joint questions for voir dire. • Proposed joint jury instructions and verdict forms.
Filing & Service rules
Courtesy Copy Requirements
Courtesy copies should not be submitted unless specifically requested.
Courtesy copies are not to be submitted unless specifically requested by chambers.
Page 2 | II. OTHER GENERAL POLICIES
Courtesy copies not required unless specifically requested by chambers
Courtesy copies are not to be submitted unless specifically requested by chambers.
Page 2 | II. OTHER GENERAL POLICIES
Sealing & Redaction Procedures
Redacted copy must be filed when document is ordered sealed.
If the Court orders that a document be filed under seal, a redacted copy of the document must be filed, unless the Court's order specifies otherwise, or redaction would render the document unreadable.
Page 5 | Sealing Procedure
Documents cannot be filed under seal without court leave, except in emergencies.
Parties are not permitted to file documents under seal without leave of the Court, unless an emergency arises. Judge Henry will permit parties to file documents under seal or with redactions only after a showing of good cause or presentation of an enforceable private confidentiality agreement contracted prior to litigation. Parties cannot stipulate to sealing documents to avoid showing good cause.
Page 5 | Sealing Procedure
When Court orders sealing, a redacted copy must be filed unless ordered otherwise or redaction would make it unreadable.
If the Court orders that a document be filed under seal, a redacted copy of the document must be filed, unless the Court's order specifies otherwise, or redaction would render the document unreadable.
Documents cannot be filed under seal without leave of court unless emergency; good cause or pre-litigation confidentiality agreement required.
Parties are not permitted to file documents under seal without leave of the Court, unless an emergency arises. Judge Henry will permit parties to file documents under seal or with redactions only after a showing of good cause or presentation of an enforceable private confidentiality agreement contracted prior to litigation. Parties cannot stipulate to sealing documents to avoid showing good cause.
Filing Bundling Requirements
Multiple plaintiffs or defendants must file joint motions unless conflicts exist.
Multiple plaintiffs or multiple defendants must file joint motions with their co-parties, unless there are conflicts in their position.
Pre-Motion Conference Requirements
Threshold motions (e.g., motions to transfer or substitute parties) should be filed at least seven (7) days before the Rule 16 conference.
Threshold motions (e.g., motions to transfer or substitute parties) should be filed at least seven (7) days before the Rule 16 conference.
Judge Henry attempts to hold a prompt conference with counsel seeking and defending requests for temporary restraining orders and preliminary injunctions following an affidavit of service.
Judge Henry attempts to hold a prompt conference with counsel seeking and defending requests for temporary restraining orders and preliminary injunctions following an affidavit of service.
Judge Henry attempts to hold a prompt conference with counsel seeking and defending requests for temporary restraining orders and preliminary injunctions following an affidavit of service.
Judge Henry attempts to hold a prompt conference with counsel seeking and defending requests for temporary restraining orders and preliminary injunctions following an affidavit of service.
Page 6 | Injunctions & Motions for Temporary Restraining Order
Adjournment & Extension Requirements
Continuances impacting oral argument or trial dates require 14 business days notice and good cause.
Judge Henry seldom grants continuances that will impact (1) motion deadlines in which oral argument has been scheduled or (2) trial dates. Such continuance requests must be made at least fourteen (14) business days before the applicable deadline or trial date, and they must provide good cause.
Page 2 | II. OTHER GENERAL POLICIES
Continuance requests for motions and discovery deadlines, hearings, and trial must be filed in the form of a motion. Joint continuance requests must be filed as a joint motion and include a proposed order.
Continuance requests for motions and discovery deadlines, hearings, and trial must be filed in the form of a motion. Joint continuance requests must be filed as a joint motion and include a proposed order.
Page 2 | II. OTHER GENERAL POLICIES
Opposition to continuance motion must be filed within 3 business days with reasons
If a party files a motion for a continuance, all other parties have three (3) business days to file an opposition, which must state the reasons for the opposition.
Page 2 | II. OTHER GENERAL POLICIES
Continuance requests must be filed as motions; joint requests require proposed order; 3-day opposition period.
Continuance requests for motions and discovery deadlines, hearings, and trial must be filed in the form of a motion. Joint continuance requests must be filed as a joint motion and include a proposed order. If a party files a motion for a continuance, all other parties have three (3) business days to file an opposition, which must state the reasons for the opposition.
Page 2 | II. OTHER GENERAL POLICIES
Continuances impacting oral argument or trial dates require 14+ business days notice and good cause
Judge Henry seldom grants continuances that will impact (1) motion deadlines in which oral argument has been scheduled or (2) trial dates. Such continuance requests must be made at least fourteen (14) business days before the applicable deadline or trial date, and they must provide good cause.
Page 2 | II. OTHER GENERAL POLICIES
Continuance requests must be in writing with reason and opposing party's position.
Continuance requests must be made in writing and must include the reason and opposing party’s position related to the request.
Page 3 | III. Civil Pretrial Procedure - A. Rule 26(f) Meeting and Report
Threshold motions (e.g., motions to transfer or substitute parties) should be filed at least seven (7) days before the Rule 16 conference.
Threshold motions (e.g., motions to transfer or substitute parties) should be filed at least seven (7) days before the Rule 16 conference.
Page 6 | Threshold Motions
Complex motions in limine must be filed at least 7 business days before final pretrial conference.
Complex motions must be filed at least seven (7) business days before the final pretrial conference.
Page 7 | Motions in Limine
Criminal trial continuance requests must be filed at least 14 days before the scheduled trial date.
Any request for a continuance must be filed no later than fourteen days in advance of the scheduled trial date.
Page 8 | IV.B Trial continuances
Continuance requests must be filed at least 14 days before trial.
Any request for a continuance must be filed no later than fourteen days in advance of the scheduled trial date.
Page 8 | Trial continuances
Expedited sentencing requests require 2-day advance notice to chambers and probation.
If an agreement has been reached to request Judge Henry set an expedited sentencing, the United States must notify Chambers and the probation office at least two days prior to the change of plea hearing.
Page 9 | E. Guilty pleas
A joint request for a continuance related to discovery may be filed in the form of a motion or as a joint stipulation. Judge Henry will generally grant joint discovery continuance requests if (1) they do not impact key motions deadlines or trial dates, and (2) they are made at least seven (7) business days before the scheduled deadline.
A joint request for a continuance related to discovery may be filed in the form of a motion or as a joint stipulation. Judge Henry will generally grant joint discovery continuance requests if (1) they do not impact key motions deadlines or trial dates, and (2) they are made at least seven (7) business days before the scheduled deadline.
Page 2 | II. OTHER GENERAL POLICIES
Continuance requests must be in writing and include the reason and opposing party's position.
Continuance requests must be made in writing and must include the reason and opposing party's position related to the request.
Page 3 | A. Rule 26(f) Meeting and Report
Continuances are discouraged; multiple requests may require in-person appearance.
Continuances are strongly discouraged, and, if multiple continuances are sought, counsel may be required to appear in person to argue the matter.
Page 9 | B. Continuances
Joint discovery continuances granted if made 7+ business days before deadline and don't impact key dates
Judge Henry will generally grant joint discovery continuance requests if (1) they do not impact key motions deadlines or trial dates, and (2) they are made at least seven (7) business days before the scheduled deadline.
Page 2 | II. OTHER GENERAL POLICIES
Chambers Communication Rules
Case communications must be filed through ECF whenever possible
Communications regarding cases must be made through filing a pleading, motion, or application through Electronic Case Filing (ECF) whenever possible.
Page 1 | I. COMMUNICATIONS WITH CHAMBERS
Case communications must use ECF; email only permitted for schedule changes and settlement notice.
Communications regarding cases must be made through filing a pleading, motion, or application through Electronic Case Filing (ECF) whenever possible. Email correspondence regarding cases is permitted in the following situations: • To advise the Court of unanticipated schedule changes (less than seven (7) business days in advance of a deadline) or schedule changes due to personal or medical issues that counsel does not wish to file on the docket. • To promptly advise the Court that a case has been settled.
Page 1 | I. COMMUNICATIONS WITH CHAMBERS
Pro se litigants must contact clerks' office, not chambers
All pro se communications must be sent to the clerks' office to be docketed. Pro se litigants may not contact Judge Henry or her chambers directly.
Page 1 | I. COMMUNICATIONS WITH CHAMBERS
Pro se litigants must send communications to clerks' office; direct contact with chambers prohibited.
All pro se communications must be sent to the clerks' office to be docketed. Pro se litigants may not contact Judge Henry or her chambers directly.
Page 2 | I. COMMUNICATIONS WITH CHAMBERS
Guilty plea memorandum must be submitted to chambers via email.
The change of plea memorandum shall be submitted to chambers by email to Chambers_of_Judge_Catherine_Henry@paed.uscourts.gov.
Page 9 | E. Guilty pleas
Pre-Sentence Investigation Reports and Sentencing Memoranda must be emailed to chambers.
All Pre-Sentence Investigation Reports and Sentencing Memoranda shall also be promptly delivered to chambers in Microsoft Word Format by email to Chambers_of_Judge_Catherine_Henry@paed.uscourts.gov.
Page 10 | G. Sentencing
Fax and regular mail communications are strongly discouraged.
Faxes and regular mail are strongly discouraged.
Page 1 | I. COMMUNICATIONS WITH CHAMBERS
Faxes and regular mail strongly discouraged
Faxes and regular mail are strongly discouraged.
Page 1 | I. COMMUNICATIONS WITH CHAMBERS
Email is preferred for general inquiries to chambers
Email is the preferred method of communication. All general inquiries, including questions about these policies, may be emailed to Chambers_of_Judge_Catherine_Henry@paed.uscourts.gov
Page 1 | I. COMMUNICATIONS WITH CHAMBERS
Email is the preferred method for general inquiries to chambers.
Email is the preferred method of communication. All general inquiries, including questions about these policies, may be emailed to Chambers_of_Judge_Catherine_Henry@paed.uscourts.gov
Page 1 | I. COMMUNICATIONS WITH CHAMBERS
Email permitted for schedule changes under 7 days and case settlements
Email correspondence regarding cases is permitted in the following situations: • To advise the Court of unanticipated schedule changes (less than seven (7) business days in advance of a deadline) or schedule changes due to personal or medical issues that counsel does not wish to file on the docket. • To promptly advise the Court that a case has been settled.
Page 1 | I. COMMUNICATIONS WITH CHAMBERS
OSCAR preferred for internship/clerkship applications, email for questions
Judge Henry's highly preferred method for receiving applications is through OSCAR. OSCAR will be consistently updated with deadlines and instructions. Applicants and schools may, however, email Chambers_of_Judge_Catherine_Henry@paed.uscourts.gov with questions that are not resolved in OSCAR.
Page 1 | I. COMMUNICATIONS WITH CHAMBERS
Telephone calls should be directed as follows: Court Services Clerk: Tanya Allender (610) 333-1836 Tanya_Allender@paed.uscourts.gov
Telephone calls should be directed as follows: Court Services Clerk: Tanya Allender (610) 333-1836 Tanya_Allender@paed.uscourts.gov
Page 1 | I. COMMUNICATIONS WITH CHAMBERS
Judge Arteaga available for settlement discussions at Rule 16 Conference
Judge Henry is paired with Magistrate Judge José Arteaga. Parties may request that Judge Arteaga preside over settlement discussions at the Rule 16 Conference or as soon thereafter as possible. Judge Henry will then issue a referral order.
Page 2 | II. OTHER GENERAL POLICIES
Parties may call chambers to resolve unresolvable discovery disputes.
Parties are encouraged to call chambers when an unresolvable discovery dispute arises; if Judge Henry is available, she may resolve the dispute.
Page 4 | C. Discovery
Counsel may email chambers to request a Rule 16 conference if not scheduled within a reasonable time after the answer is filed.
If a Rule 16 conference has not been scheduled within a reasonable time following the filing of the answer, counsel should email Judge Henry's Chambers to request a conference.
Page 4 | B. Rule 16 Pretrial Conference
Junior Lawyer Participation Incentives
Oral argument granted only if it would illuminate pleadings or briefs.
Judge Henry will grant requests for oral argument only if oral argument would illuminate any aspect of the pleadings or briefs.
Page 6 | Motions Practice and Oral Argument