Judge Chad F. Kenney
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Appellate Brief
Chambers Copy
- 2 copies
Courtesy copies
Exhibits
- 2 copies • Morning of Trial
Adjournments
- Parties must strictly adhere to scheduling order dates absent extremely good cause, and the Court will grant all-party stipulated continuances or extensions that do not affect summary judgment, in limine, or trial deadlines.
- In arbitration-track cases, first extension requests go to the arbitration clerk, and subsequent extensions require a motion on ECF certifying completed discovery or describing completed/remaining discovery and reasons for delay.
- Continuances delaying a settlement conference with the Magistrate Judge will likely be denied unless counsel have been diligent, and upon denial counsel must detail discovery already exchanged and planned.
- +4 more
Request must include
Communication
Chambers
Clerk
Clerk
Phone
Chambers
Page & Word Limits6 rules
5. Two weeks after the Rule 16, deadline for Motions to Transfer. The Court also adopts the following page limits and briefing schedule for Motions to Transfer: a. Opening – 15 pages b. Response – 15 pages, due 14 days after the Opening brief c. Reply – 5 pages, due 7 days after the Response brief
- Opening brief
- Up to 15 pages
- Response brief
- Up to 15 pages
- Reply brief
- Up to 5 pages
Opening Markman briefs are limited to 20 pages for 1–2 patents, 30 pages for 3–5 patents, and 30 pages plus 5 pages per patent over 5, capped at 45 pages, for more than 5 patents.
Court's wording
Brief 1-2 Patents 3-5 Patents More than 5 Patents Opening 20 pages 30 pages 30 pages, plus 5 additional pages for each patent over 5 up to a maximum of 45 pages
Response Markman briefs are limited to 20 pages for 1–2 patents, 30 pages for 3–5 patents, and 30 pages plus 5 pages per patent over 5, capped at 45 pages, for more than 5 patents.
Court's wording
Response 20 pages 30 pages 30 pages, plus 5 additional pages for each patent over 5 up to a maximum of 45 pages
Reply Markman briefs are limited to 10 pages for 1–2 patents, 15 pages for 3–5 patents, and 15 pages plus 2 pages per patent over 5, capped at 21 pages, for more than 5 patents.
Court's wording
Reply 10 pages 15 pages 15 pages, plus 2 additional pages for each patent over 5 up to a maximum of 21 pages
Absent leave of Court, the cumulative opening briefs for all summary-judgment motions are limited to 40 pages per side.
- Opening brief
- Up to 40 pages in total per side
Exception
More pages with leave of court
Court's wording
The Court does not have a limit on the number of motions for summary judgment (MSJs); however, absent leave of Court, the cumulative page limit for Opening Briefs for all MSJs is 40 pages per side.
Any brief or memorandum filed in support of the motion must be limited to twenty-five pages.
- Brief
- Up to 25 pages
Document Format Requirements4 rules
Letter Motions will not be accepted.
Exhibits should be pre-marked and exchanged in accordance with the scheduling order or other pretrial order.
- Exhibits
Formatting
- •Exhibits must be pre-marked
If a party modifies a model jury instruction, the additions should be underlined, and deletions should be placed in brackets.
are over 30 pages, the copies cannot be stapled - the copies should be placed in a three-ring binder.
- More than 30 pages
- Binding
- Three-ring binder
Document Filing Requirements51 rules
Parties must exchange custodian and system information before Rule 26(f) conference.
Court's wording
Prior to the Rule 26(f) conference, the parties shall exchange the following information: a. a list of the most likely custodians of relevant electronic materials, including a brief description of each person's title and responsibilities; and, b. a list of each relevant electronic system that has been in place at all relevant times and a general description of each system, including the nature, scope, character, organization, and formats employed in each system.
Each party must designate an e-discovery liaison familiar with systems and technical aspects.
Court's wording
To promote communication and cooperation between the parties, each party shall designate a single individual through whom all e-discovery requests and responses are made ("the e-discovery liaison"). Regardless of whether the e-discovery liaison is an attorney (in-house or outside counsel), a third-party consultant, or an employee of the party, he or she must be: a. familiar with the party's electronic systems and capabilities in order to explain these systems and answer relevant questions; b. knowledgeable about the technical aspects of e-discovery, including
The parties shall discuss the parameters of their anticipated e-discovery at the Rule 26(f) conference and shall be prepared to address e-discovery at the Rule 16 scheduling conference with the court.
E-discovery procedures must be discussed at Rule 16 and Rule 26(f) conferences.
Court's wording
The parties shall be prepared to address e-discovery at the Rule 16 scheduling conference with the Court. At the Rule 26(f) conference, they must discuss the parameters of their anticipated e-discovery. They are required to address procedures to preserve electronically stored information, to avoid inadvertent privilege waivers, and to determine the form in which electronic information will be produced. The cost of producing the information must be discussed.
All counsel must certify that they have read Judge Kenney’s guidelines as to discovery and objections.
Parties must discuss ADR options and comply with Local Rule 53.3.
Court's wording
The parties must familiarize themselves with Local Rule 53.3 before responding. Recite the parties’ discussion about early resolution through ADR, motion or otherwise explain what steps were taken by counsel to advise the client of alternative dispute resolution options. Explain any decision not to seek early resolution and what mediation options the parties may consider and when mediation would be appropriate.
The Court will on occasion hold telephone conferences to resolve scheduling matters or discovery disputes. A motion explaining the dispute and requesting a phone conference should first be filed on the record unless it is a dispute arising during a deposition.
There must be an affirmation that this counsel is prepared to proceed with full knowledge of the case pursuant to the requirements of these guidelines.
Rule 12 motions must include a certification that the parties met and conferred regarding the alleged deficiencies, and the Court will deny any motion that fails to conform.
- Document
- Rule 12 motion
Must include
- •Certificate of conference
Court's wording
If the parties are unable to reach a resolution that eliminates the need for any of the above-mentioned motions, counsel for the moving party shall include, along with the motion, a certification that the parties met and conferred regarding the alleged pleading deficiencies or matter sought to be stricken. The Court will deny any motion that fails to conform with these requirements.
Counsel must identify where an exhibit referred to in the Motion or Response can be found in the record pursuant to the instructions set forth herein in the Summary Judgment section.
Parties relying on facts not in the stipulated statement must file a numbered statement of additional facts with citations to the precise page of the summary judgment record.
- Document
- Statement of additional facts
Must include
- •Statement of facts
Court's wording
To the extent that any party seeks to rely on facts not included in the concise statement of material facts, it shall set forth those facts in a concise statement of additional facts. Like the statement of stipulated facts, the statement of additional facts shall be organized in numbered paragraphs. The party shall provide citations to the precise page of the summary judgment record that supports each factual assertion in the statement of additional facts.
Counsel must include with their Rule 56 Motion an index clearly identifying each referenced exhibit and indicating where it can be found in the filing.
A party needing more than 25 pages must file a motion to exceed the page limit setting forth good cause.
Court's wording
If a party requires more than twenty-five pages to explain its position to the Court, a motion to exceed the page limit should be filed, setting forth good cause for granting an exception to this rule.
The movant's summary judgment filing must include a numbered concise statement of stipulated material facts with record citations where possible.
- Document
- Summary judgment motion
Must include
- •Statement of facts
Court's wording
The movant’s initial filing must include a concise statement of stipulated material facts, setting forth in numbered paragraphs the material facts and important background facts that are not in dispute for purposes of summary judgment. Citations to the summary judgment record should be included for each stipulated fact where possible.
Discovery disputes at impasse must be brought by motion as soon as possible, using a simple motion briefly explaining the dispute (with record citations if complex) that addresses the proportional relevance of the information sought.
Court's wording
Disputes that reach an impasse must be brought to the Court's attention by motion as soon as possible. Counsel shall file a simple motion briefly explaining the discovery dispute. If a dispute is particularly complex, a motion with specific citation to the record, if any, should be filed. If a discovery motion is filed, Judge Kenney expects the parties to address the proportional relevance of the information sought as it applies to the facts, theories, claims, and defenses as developed on the record as of the date of the filing of the motion.
General objections are not acceptable. Parties must conduct a reasonable search for requested documents. Counsel must review this Court's view of general discovery objections refer to the attached Order authored by Special Master Joseph Crawford, Esq., prior to responding to discovery requests. (See Exhibit A).
Protective orders and confidentiality orders will not be approved unless they contain the specified reserved-powers language.
Court's wording
No protective order or confidentiality order will be approved without language providing that "the Court reserves its inherent power to modify the terms of this agreement and permit the disclosure of information where the interest of justice so requires."
[Counsel must peruse opposing pretrial memoranda and immediately file a separate motion alerting the Court to any claims of "surprise."]
Unless otherwise ordered by the Court, the pretrial memorandum should be prepared in accordance with the provisions of Local Rule 16.1, and should also include the following items: (1) All stipulations of counsel.
In addition, for jury trials, the Court requires that the parties file proposed voir dire, proposed jury instructions, and a proposed verdict slip at the same time as their pretrial memoranda.
authenticity; (b) the admissibility of any evidence expected to be offered for any reason (except relevancy); (c) the adequacy of the qualifications of an expert witness expected to testify; and (d) the admissibility of any opinion testimony from lay witnesses pursuant to Federal Rule of Evidence 701. Such objection shall describe with particularity the ground and the authority for the objection.
(3) Deposition testimony (including videotaped deposition testimony) that the party intends to offer during its case-in-chief. The statement should include citations to the page and line number and the opposing party's counter-designations.
For non-jury trials, the Court also requires proposed jury instructions, a proposed verdict slip, and proposed findings of fact and conclusions of law because it helps the parties and the court to frame the issues to be addressed and the law controlling on those issues. The initial proposed findings then are supplemented after trial with reference to the record.
For preliminary injunctions where the parties cannot stipulate to a full record, they must submit either a stipulation of disputed and undisputed facts or proposed findings of fact and conclusions of law, with timing set at the pre-hearing conference.
Court's wording
If the parties cannot agree to a stipulated record prior to argument on a preliminary injunction, the Court will conduct an evidentiary hearing prior to argument. In those instances where the parties cannot stipulate to a full record, Judge Kenney requires the submission of either a stipulation of disputed and undisputed facts or the proposed findings of fact and conclusions of law. The Court will set the time for submission of these items at the pre-hearing conference.
After the Hearing: The parties shall not file post-hearing briefs, unless ordered to do so by the Court.
One week before a Daubert hearing, the parties must file a Joint Report stating whether any witness other than the expert will testify, along with an exhibit list and copies of exhibits to be used at the hearing.
- Document
- Daubert joint report
Must include
- •Exhibit list
Court's wording
Before the Hearing: One week prior to the hearing, the parties shall file a Joint Report stating whether any party intends to present testimony from any witness other than the expert at issue. The Court does not anticipate that the parties will present any witness other than the expert at issue. The Joint Report shall also include an exhibit list and copies of any exhibits that the parties intend to use at the hearing.
A party submitting a model jury instruction must state whether the instruction is unchanged or modified.
Court's wording
If a model jury instruction is submitted, for instance, from Devitt & Blackmar, Federal Jury Practice and Instructions, the submitting party shall state whether the proposed jury instruction is unchanged or modified.
Judge Kenney may deny payment for CJA attorney services if counsel submit memoranda deemed inadequate boilerplate.
Court's wording
Defense attorneys appointed pursuant to the Criminal Justice Act are further advised that Judge Kenney may DENY PAYMENT for attorney services if counsel present any memoranda that are regarded as inadequate boilerplate submissions.
the sentencing memoranda must include thorough legal and factual analysis.
Counsel are strongly advised that this Court may REJECT any sentencing memoranda that are deemed untimely or inadequate, and as a result, may also order a new date for sentencing.
counsel are advised that this Court DOES NOT ACCEPT boilerplate memoranda that merely include vague references to the United States Sentencing Guidelines, court opinions, or statutory citations.
If pleadings don't permit discussion, parties must agree on exchange date or seek court resolution.
Court's wording
To the extent that the state of the pleadings does not permit a meaningful discussion of the above issues by the time of the Rule 26(f) conference, the parties shall either agree on a date by which this information will be mutually exchanged or submit the issue for resolution by the court at the Rule 16 scheduling conference.
When the parties seek Court approval of stipulated proposals (which should include a signature and date line so that Judge Kenney can indicate his approval prior to filing on the docket)
- Document
- Stipulated proposal
- Placement
- Signature block
To be admitted pro hac vice, local counsel of record should submit the "Attorney Admission Application (Pro Hac Vice)" available at https://www.paed.uscourts.gov/attorneys.
Counsel must double check or have cross checked cites in briefs that have been drafted for them prior to filing.
Parties seeking or objecting to an order settling a case on a class basis under Fed. R. Civ. P. 23 should fully address their positions on the best practices for implementing the 2018 Amendments to Rule 23, including those described in the executive summary of Guidance on New Rule 23 Class Action Settlement Provisions, 102 JUDICATURE, No. 3, Winter 2018
the requirements of the rule or if the proposed order does not do so, counsel should immediately supplement the filing.
Counsel should bring objections to the Court’s attention after the parties have discussed designations and as part of the pretrial memoranda.
If there is a non-standard instruction or a supplement to the standard, this needs to be pointed out with a citation to the specific authority and the reason in this specific case why it is needed.
instructions that are cited should be accurately quoted and a page reference should be provided.
The parties shall submit revised or supplemental findings of fact and conclusions of law and verdict slips with specific reference to trial evidence. A schedule for the submission of revised findings/conclusions/verdict slips will be discussed at the conclusion of trial.
The court does math only if it requires very simple calculations. Counsel are specifically directed to do their own math especially as to calculating lost pay and interest.
Any party expecting to offer lay opinion testimony pursuant to Federal Rule of Evidence 701 regarding issues of liability or damages shall provide the opposing parties with information or documents supporting the testimony at the time required for submission of expert reports.
Default e-discovery standards apply if parties cannot agree before Rule 16 conference.
Court's wording
In the event the parties cannot reach an agreement on how to conduct electronic discovery ("e-discovery") before the Rule 16 scheduling conference, the following default standards shall apply until such time, if ever, the parties conduct e-discovery on a consensual basis.
The best practice is to file an index of exhibits referenced in the Motion or Response with the Motion or Response, identifying the exhibit, its content, and where it can be found on the ECF (see Local Rule 5.1.2, Subsection 5(b)).
If the parties believe ninety days are insufficient for discovery, they should provide an explanation in their 26(f) Report.
Judge Kenney will evaluate, as necessary, counsel's Arbitration Certification in non-
Parties’ pretrial memoranda will be considered as their trial brief.
Model Jury Instructions are favored. In Pennsylvania law, the Pennsylvania Standard instructions are favored for diversity cases. In federal question cases, the Third Circuit Model Jury Instructions are favored. Each proposed standard instruction need only reference the Standard Instruction Number as well as the title of the volume and the publication date of the instruction. Counsel should search for and use the most recent volume.
Jury instructions need only be submitted with respect to substantive issues in the case. Proposed instructions on procedural matters such as the burden of proof, unanimity, and credibility are not necessary.
The attorney for the United States shall submit the plea memorandum, a copy of any guilty plea agreement, motions, and other related regarding the direct filing of plea documents prior to any plea hearing, pursuant to the interests of both parties.
Filing & Service rules
Electronic Filing Rules
Attorneys must file all documents directly via the court's ECF system (public documents uploaded directly to the docket) or with the Office of the Clerk of Court.
Counsel are required to file all attorney documents directly by using the court's Electronic Case Filing (ECF) system or with the Office of the Clerk of Court. If counsel file public documents, then counsel shall submit and upload the documents directly to the case docket by using ECF.
Page 3 | B. Attorney Filing Procedures & ECF
Counsel must manage, file, and serve all of their own documents and may not rely on chambers staff to copy, scan, print, file, or serve anything before or after proceedings.
In addition, counsel are required to manage, file, and serve all attorney documents. Counsel SHALL NOT rely upon or expect any member of chambers staff to copy, scan, print, file, or serve any attorney documents or submissions, before or after any court proceeding.
Page 26 | IV. CRIMINAL CASES - A. Attorney Filing Procedures & ECF
Criminal-case counsel must file all attorney documents via the court's ECF system or with the Clerk of Court, and public documents must be uploaded directly to the docket through ECF.
As discussed in General Matters, Counsel are required to file all attorney documents directly by using the court’s Electronic Case Filing (ECF) system or with the Office of the Clerk of Court. If counsel file public documents, then counsel shall submit and upload the documents directly to the case docket by using ECF.
Page 26 | IV. CRIMINAL CASES - A. Attorney Filing Procedures & ECF
Attorneys must file their own memoranda, motions, and other materials directly through ECF or with the Clerk of Court and may not rely on chambers staff to file documents.
Pursuant to this Court’s filing procedures, counsel SHALL NOT rely upon or expect chambers staff to file any attorney documents. The attorneys must file their own memoranda, motions, and other materials directly to ECF or with the Clerk of Court.
Page 28 | E. Sentencing - 1. Attorney Requirements
Attorneys must file their entry of appearance on the case docket via ECF before appearing in the courtroom for any proceeding.
All entries of appearances must be properly filed to the case docket on ECF prior to appearing in the courtroom for any proceeding.
Page 31 | VI. OTHER MATTERS - A. Entry of Appearance
Counsel should file any stipulations needing Court approval on the court's Electronic Case Filing (ECF) system.
Counsel should file any stipulations needing Court approval on the court's Electronic Case Filing (ECF) system.
Page 9 | C. Continuances and Extensions
Counsel should e-file exhibits and witness lists through ECF, or alternatively provide courtesy copies to chambers staff and opposing counsel via email.
In addition, counsel should electronically file the exhibits and witness lists through ECF or provide courtesy copies of these materials to chambers staff and opposing counsel via email.
Page 30 | F. Revocation of Supervised Release or Probation
Attorneys of record must maintain current contact information in their ECF user accounts and update all contact information displayed on the docket as needed.
Lastly, the attorneys of record are reminded to maintain current contact information in their respective ECF user accounts. All attorney contact information displayed on the docket must be updated as needed.
Page 4 | B. Attorney Filing Procedures & ECF
Filing Timing and Cure Windows
Unless the parties agree otherwise, simultaneous claim-construction filings take place at 5:00 p.m. ET.
Unless otherwise agreed by the parties, all simultaneous filings will take place at 5:00 p.m. ET.
Civil cases
Page 4 | CLAIM CONSTRUCTION ISSUES
Counsel must file the report of the Rule 26(f) meeting on the docket at least three business days before the Rule 16 pretrial conference.
At least three business days before the pretrial conference, counsel shall file on the docket the required report of the Rule 26(f) meeting.
Page 6 | II. CIVIL CASES - A. Preparing for the Rule 16 Schedule Conference
Rule 26(a) initial disclosures must be completed no later than seven days before the Rule 16 conference.
Initial disclosures pursuant to Rule 26(a) shall be completed no later than seven days before the Rule 16 conference.
Page 7 | II. CIVIL CASES
Responses to motions to compel and motions to quash subpoenas are due within fourteen days unless otherwise ordered, and motions to compel for failure to respond are often granted immediately without a response.
Motions to compel for failure to respond to a first set of discovery requests are often granted immediately without a response. Responses to motions to compel and motions to quash subpoenas shall be filed within fourteen days unless otherwise ordered.
Page 14 | II. CIVIL CASES
Proposed jury instructions on substantive issues and proposed verdict forms or special interrogatories must typically be filed no later than 14 days before the trial date.
In his scheduling orders, Judge Kenney typically requires that the parties file proposed jury instructions on substantive issues and proposed verdict forms or special interrogatories for the jury no later than fourteen days before the trial date.
Page 23 | Q. Proposed Jury Instructions and Verdict Forms
Proposed findings of fact and conclusions of law in non-jury cases should be filed at least seven days before the trial date. Counsel should also file at that time proposed verdict slips and points for charge on substantive matters covering all claims as if the case would be submitted to a jury.
Proposed findings of fact and conclusions of law in non-jury cases should be filed at least seven days before the trial date. Counsel should also file at that time proposed verdict slips and points for charge on substantive matters covering all claims as if the case would be submitted to a jury.
Page 24 | R. Proposed Findings of Fact, Conclusions of Law, and Verdict Slips Covering All Claims to Be Filed as if the Case Would Be Submitted to a Jury
Pretrial memoranda, witness lists, proposed voir dire questions, jury instructions, and verdict forms must be filed at least 14 days before jury selection unless otherwise ordered.
Counsel must file their pretrial memoranda and witness lists, as well as proposed voir dire questions, jury instructions, and verdict forms at least fourteen (14) days prior to the date of jury selection unless otherwise ordered.
Page 27 | C. Criminal Jury Trial
Both the government's attorney and the defense attorney must file sentencing memoranda, motions, and exhibits at least 7 days before the sentencing hearing.
The attorney for the United States and the attorney for the defendant must file their sentencing memoranda, motions, and exhibits at least seven (7) days prior to the sentencing hearing.
Page 28 | E. Sentencing - 1. Attorney Requirements
Supplemental sentencing documents may be submitted only 1 day before the hearing, and that deadline applies strictly to additional or amended documents, never to original filings.
Counsel are permitted to submit supplemental sentencing documents one (1) day prior to the hearing, if necessary. However, this supplemental deadline is strictly limited to the submission of additional or amended documents only. Counsel must understand that the supplemental deadline is NOT a secondary deadline for original filings.
Page 28 | E. Sentencing - 1. Attorney Requirements
Counsel must be fully prepared before the sentencing hearing and are not permitted to submit late exhibits or other papers on the day of sentencing.
Additionally, counsel must be fully prepared prior to the hearing in the courtroom. Specifically, counsel are not permitted to submit late exhibits or other papers on the day of sentencing.
Page 28 | E. Sentencing - 1. Attorney Requirements
Probation must submit an updated Dispositional Report and Recommendation to Chambers at least 7 days before the revocation hearing.
Probation shall submit to Chambers, at least seven (7) days before the revocation hearing, an updated Dispositional Report and Recommendation.
Page 29 | F. Revocation of Supervised Release or Probation
Specifically, counsel shall disclose witness lists, exhibit lists, and pre-marked exhibits at least seven (7) days prior to the hearing, unless otherwise ordered.
Specifically, counsel shall disclose witness lists, exhibit lists, and pre-marked exhibits at least seven (7) days prior to the hearing, unless otherwise ordered.
Page 30 | F. Revocation of Supervised Release or Probation
Failure to timely file the Rule 26(f) report may result in cancellation of the Rule 16 conference and an order to file a status report explaining the failure.
If the 26(f) is not timely filed, the Rule 16 may be cancelled with an Order that counsel file a status report addressing the failure to file.
Page 6 | II. CIVIL CASES - A. Preparing for the Rule 16 Schedule Conference
The Rule 26(f) meeting should occur as early in the case as possible, but no later than twenty-[days — numeric deadline cut off at the page boundary in the source].
The Rule 26(f) meeting should take place as early in the case as possible, but no later than twenty-
Page 6 | II. CIVIL CASES - A. Preparing for the Rule 16 Schedule Conference
Extension stipulations or motions should be filed as early as the need is known, and filings made less than two business days before the deadline may not be decided before the deadline.
Counsel should make every effort to submit such stipulations or file motions as early as the need for an extension is known. If the stipulation is submitted or motion is filed less than two business days before the deadline, the Court does not guarantee a decision will be made before the deadline.
Page 9 | C. Continuances and Extensions
Responses to motions must follow the Federal Rules of Civil Procedure and, if a hearing is scheduled, be filed at least two days before the hearing unless otherwise directed.
Responses to motions should be filed in accordance with the Federal Rules of Civil Procedure unless otherwise ordered and, if a hearing is scheduled, at least two days before a hearing unless otherwise directed.
Page 10 | D. General Motions Practice - 2. Oral Argument on Motions
The courtroom deputy clerk will not scan, copy, or print paperwork on the day of sentencing; attorneys must manage, copy, and exchange all necessary papers in advance.
Also, counsel SHALL NOT expect the courtroom deputy clerk to scan, copy, or print any paperwork on the day of the hearing. The Court expects the attorneys to manage, copy, and exchange all necessary papers in advance of sentencing.
Page 28 | E. Sentencing - 1. Attorney Requirements
Service and Proof of Service Rules
Attorneys may not rely on or expect chambers staff to copy, scan, print, file, or serve any attorney documents or submissions, before or after any court proceeding.
SHALL NOT rely upon or expect any member of chambers staff to copy, scan, print, file, or serve any attorney documents or submissions, before or after any court proceeding.
Page 4 | B. Attorney Filing Procedures & ECF
Counsel must execute service on parties at the time of filing.
Counsel are reminded to execute service at the time of filing.
Page 3 | B. Attorney Filing Procedures & ECF
Counsel must disclose, serve, and maintain copies of all exhibits under the Federal and Local Rules whether or not the exhibits are filed on ECF, and must retain copies after proceedings conclude or the action terminates.
Regardless of whether certain exhibits are filed to ECF or not, it is the responsibility of counsel to disclose, serve, and maintain copies of all exhibits pursuant to the Federal and Local Rules. It is also the responsibility of counsel to retain copies of all exhibits following the conclusion of any court proceeding, or upon termination of any action.
Page 31 | VI. OTHER MATTERS - B. Exhibits
Filing Fees and Waivers
The pro hac vice admission fee must be submitted at the time the application is filed on the docket, or the application will be denied pending payment.
If the admission fee is not submitted at the time the application for pro hac vice is filed on the docket, the application will be denied pending submission of payment.
Page 4 | E. Pro Hac Vice Admissions
Courtesy Copy Requirements
Counsel must deliver two joint exhibit binders to the Court on the morning of trial unless they jointly certify that all documents have been digitalized and will be admitted and published electronically.
On the morning of trial, counsel are to supply the Court with two joint exhibit binders unless counsel jointly agree and certify to the Court that all documents have been digitalized and they will be admitted and published in that format for view to the Court, jury and witnesses.
Page 22 | N. Preparation of Exhibits
On the morning of trial, counsel must supply the Court with two joint exhibit binders and exhibit schedules, unless they jointly certify that all documents have been digitalized and will be used in that format.
In addition, On the morning of trial, counsel are to supply the Court with two joint exhibit binders and exhibit schedules unless counsel jointly agree and certify to the Court that all documents have been digitalized and they will be admitted and published in that format for view to the Court, jury and witnesses.
Page 27 | C. Criminal Jury Trial
Hard courtesy copies sent to Chambers must be provided as two single-sided copies printed in color (sentence continues beyond this excerpt).
In the event the Court orders copies to be sent to Chambers or counsel is sending hard courtesy copies to Chambers, counsel must provide two copies which are single-sided, printed in color (if
Page 32 | VI. OTHER MATTERS - F. Copies to Chambers
In addition, counsel should electronically file the exhibits and witness lists through ECF or provide courtesy copies of these materials to chambers staff and opposing counsel via email.
In addition, counsel should electronically file the exhibits and witness lists through ECF or provide courtesy copies of these materials to chambers staff and opposing counsel via email.
Page 30 | F. Revocation of Supervised Release or Probation
Judge Kenney welcomes (but does not require) courtesy copies of appellate briefs from counsel whenever his decision or final ruling is appealed to the United States Court of Appeals.
Anytime this Court's decision or final ruling is appealed to the United States Court of Appeals, Judge Kenney welcomes courtesy copies of appellate briefs from counsel.
Page 32 | VI. OTHER MATTERS - E. Briefs of Cases on Appeal
Sealing & Redaction Procedures
Sealed documents must be submitted together with a motion to impound to the Clerk of Court by email at ECF_Documents@paed.uscourts.gov.
If counsel file sealed documents, then counsel must submit the sealed documents, and a motion to impound, to the Office of the Clerk of Court via email at ECF_Documents@paed.uscourts.gov.
Page 3 | B. Attorney Filing Procedures & ECF
Confidentiality and sealing orders are approved only for good cause shown, given the public policy favoring transparency, and must be used sparingly and be narrowly tailored.
The Court will only approve confidentiality or sealing orders for good cause shown. Public policy favors transparency in judicial proceedings. Protective orders and confidentiality agreements undermine such transparency and complicate the resolution of cases at both the trial and appellate level. They should be used sparingly and be narrowly tailored.
Page 15 | II. CIVIL CASES - 4. Confidentiality Agreements
Parties may redact highly sensitive PII that is not relevant to the disposition of the case without first obtaining leave of Court.
The parties may redact highly sensitive Personally Identifiable Information (PII) that is not relevant to the disposition of the case without leave of Court.
Page 15 | II. CIVIL CASES - 4. Confidentiality Agreements
Filing Bundling Requirements
All grounds for relief should be set forth in a single, comprehensive motion. A motion to dismiss, for example, should not be divided into separate motions for each count, but rather should include all bases for relief.
All grounds for relief should be set forth in a single, comprehensive motion. A motion to dismiss, for example, should not be divided into separate motions for each count, but rather should include all bases for relief.
Page 11 | II. CIVIL CASES
All motions in limine must be consolidated and filed together as a single omnibus motion.
If any motions in limine are filed, the motions shall be filed as one omnibus motion
Page 21 | G. Motions in Limine
Pre-Motion Conference Requirements
Before filing a discovery motion to compel, lead counsel must meet and confer in good faith and the party must contact the law clerk with opposing counsel to arrange a telephone conference with the Court; the Court will decide whether further briefing is required.
A party may not file a Motion to Compel discovery unless: (1) lead counsel have met and conferred in good faith to try to resolve the dispute, and (2) the party has contacted the Court’s law clerk (with opposing counsel) to arrange a telephone conference with the Court to summarize the dispute and the parties respective positions. After hearing from the parties, the Court will determine if further briefing is required.
Civil cases
Page 3 | DISCOVERY DISPUTES
Before filing a Rule 12(b)(6), (e), or (f) motion, moving counsel must first contact opposing counsel to discuss the contemplated motion and provide an opportunity to cure, except where either side is pro se or in bankruptcy or social security appeals.
Except in cases where either side is pro se, or in bankruptcy or social security appeals, upon the filing of a complaint, the Court will file an order requiring moving counsel, before filing a motion pursuant to Fed. R. Civ. P. 12(b)(6), (e), or (f), to first contact opposing counsel to discuss the substance of the contemplated motion and to provide an opportunity to cure any alleged pleading
Page 9 | D. General Motions Practice - 1. Conference Prior to Filing Certain Rule 12 Motions
Parties must meet and confer about the material facts no later than 14 days before filing any Rule 56 summary judgment motion.
No later than fourteen days before filing any summary judgment motion pursuant to Rule 56, the parties shall meet and confer about the material facts.
Page 11 | II. CIVIL CASES - 5. Motions for Summary Judgment (Rule 56)
Counsel must be prepared at the Rule 16 conference to answer bench questions about every facet of the case, including liability, damages, remedies, witnesses, discovery, and any demands or offers.
Accordingly, counsel must be prepared to respond to bench questions about every facet and detail of their case including details regarding the client's characteristics pertinent to the case, liability, damages, remedies, legal issues, identity of witnesses, discovery issues, demands and offers made, and if none, why so.
Page 5 | II. CIVIL CASES - A. Preparing for the Rule 16 Schedule Conference
By the Rule 16 conference, Rule 26(a) disclosures are expected to be complete and initial interrogatories and document requests served (and answered or soon to be answered), with discovery begun without waiting for the conference.
Parties should begin discovery as soon as permitted under the relevant Rules, without waiting for the Rule 16 conference. By the time of the Rule 16, it is expected that all the required disclosures under Rule 26(a) have been made. In most instances, the initial set of interrogatories and requests for production of documents should have been served on each of the respective parties and either answered or soon to be answered before the Rule 16 conference. Inquiry regarding the initial exchanges of discovery will be made at the conference.
Page 14 | II. CIVIL CASES
The deadline for filing motions in limine is set at the Rule 16 conference and confirmed in the scheduling order.
The time for filing motions in limine will be determined at the Rule 16 conference and will be confirmed in the scheduling order.
Page 21 | G. Motions in Limine
Rule 16 conferences are not held in ERISA cases (a briefing schedule is ordered instead) or in arbitration-designated cases, which follow their own built-in timelines.
The Court will not conduct a Rule 16 conference in ERISA cases. Instead, the Court will instruct counsel to submit a briefing schedule. Rule 16's will also not be conducted in Arbitration designated cases as those cases have their own built-in timelines that counsel must follow.
Page 6 | II. CIVIL CASES - A. Preparing for the Rule 16 Schedule Conference
The Court schedules a Rule 16 conference in all non-arbitration civil cases except ERISA claims.
The Court will schedule a Rule 16 conference for all non-arbitration cases (except ERISA claims).
Page 6 | II. CIVIL CASES - A. Preparing for the Rule 16 Schedule Conference
In arbitration-track cases, Judge Kenney typically does not hold Rule 16 conferences or issue scheduling orders.
Judge Kenney does not typically hold Rule 16 conferences or issue scheduling orders in arbitration-track cases.
Page 17 | Rule 53.2. 1. General Approach to Arbitration
Adjournment & Extension Requirements
Continuances or extensions affecting summary judgment, in limine, or trial deadlines must be sought by motion sufficiently in advance and will likely be denied absent unforeseeable, insurmountable causes.
A continuance or extension that may affect the deadlines for filing motions for summary judgment, motions in limine, or the trial date must be made by motion sufficiently in advance of the deadline date. Parties should expect these motions will be DENIED unless unforeseeable, insurmountable causes are established.
Page 9 | C. Continuances and Extensions
Parties must strictly adhere to scheduling order dates absent extremely good cause, and the Court will grant all-party stipulated continuances or extensions that do not affect summary judgment, in limine, or trial deadlines.
Unless there is extremely good cause to justify change, the parties are expected to strictly adhere to the dates contained in the scheduling order. The Court will grant a continuance or extension based on a stipulation of all parties if the continuance or extension will not affect the deadlines for filing motions for summary judgment, motions in limine, or the trial date.
Page 9 | C. Continuances and Extensions
In arbitration-track cases, first extension requests go to the arbitration clerk, and subsequent extensions require a motion on ECF certifying completed discovery or describing completed/remaining discovery and reasons for delay.
First extension requests should be made to the arbitration clerk. For subsequent extensions, or any other extension requiring the Court's approval, the parties shall certify they have completed discovery; or if the extension is necessary to complete discovery, the parties shall describe the discovery completed, remaining discovery to be conducted, and the reasons for the delay by filing a Motion on ECF.
Page 17 | Rule 53.2. 1. General Approach to Arbitration
A motion to continue the trial date under the Speedy Trial Act must state the reason for the continuance, the length of continuance sought, and whether the motion is opposed or unopposed.
In accordance with the Speedy Trial Act, if counsel files a motion to continue the trial date, then counsel must include the reason for the continuance, the length of continuance being sought, and whether the motion is opposed or unopposed.
Page 27 | IV. CRIMINAL CASES
Continuances delaying a settlement conference with the Magistrate Judge will likely be denied unless counsel have been diligent, and upon denial counsel must detail discovery already exchanged and planned.
Judge Kenney will likely deny a continuance that delays a settlement conference with a Magistrate Judge unless it is clear counsel have been diligent. Upon denial, counsel will be required to detail discovery already exchanged and discovery planned in the future.
Page 16 | II. CIVIL CASES - F. Settlement - 1. General Approach to Settlement
Counsel should notify the Court immediately upon learning of any unavoidable and compelling professional or personal conflicts affecting the trial schedule.
Counsel should notify the Court immediately upon learning of any unavoidable and compelling professional or personal conflicts affecting the trial schedule.
Page 21 | C. Conflicts of Counsel
Once a trial schedule is set counsel should not make pre-paid vacation plans or any other travel plans unless something extraordinary occurs, in which case the Court must first be notified.
Once a trial schedule is set counsel should not make pre-paid vacation plans or any other travel plans unless something extraordinary occurs, in which case the Court must first be notified.
Page 21 | C. Conflicts of Counsel
Chambers Communication Rules
To arrange the required discovery-dispute conference, the party must contact the Court’s law clerk by involving opposing counsel and arranging a telephone conference with the Court.
A party may not file a Motion to Compel discovery unless: (1) lead counsel have met and conferred in good faith to try to resolve the dispute, and (2) the party has contacted the Court’s law clerk (with opposing counsel) to arrange a telephone conference with the Court to summarize the dispute and the parties respective positions.
Civil cases
Page 3 | DISCOVERY DISPUTES
Parties should not email Chambers on substantive matters. Parties may contact Chambers via email in the following situations: (1) When counsel are specifically requested by the Court to communicate some information by letter or email or in response to same by the Court; (2) When there is an uncontested request for a continuance of the Rule 16 Scheduling Order deadlines not affecting the summary judgment date and dates thereafter including trial; (3) When the participation of counsel in the case is expected to be affected by a personal matter concerning counsel, a party, a witness, or counsel's immediate family, such as medical problems, vacation plans, or other similarly personal problems or questions; (4) When the parties seek Court approval of stipulated proposals (which should include a signature and date line so that Judge Kenney can indicate his approval prior to filing on the docket); (5) When the parties have remaining administrative or scheduling questions after
Parties should not email Chambers on substantive matters. Parties may contact Chambers via email in the following situations: (1) When counsel are specifically requested by the Court to communicate some information by letter or email or in response to same by the Court; (2) When there is an uncontested request for a continuance of the Rule 16 Scheduling Order deadlines not affecting the summary judgment date and dates thereafter including trial; (3) When the participation of counsel in the case is expected to be affected by a personal matter concerning counsel, a party, a witness, or counsel's immediate family, such as medical problems, vacation plans, or other similarly personal problems or questions; (4) When the parties seek Court approval of stipulated proposals (which should include a signature and date line so that Judge Kenney can indicate his approval prior to filing on the docket); (5) When the parties have remaining administrative or scheduling questions after
Page 2 | CASE MANAGEMENT - A. Communications
Counsel must notify opposing counsel before making any contact with Chambers.
Any contact should only come after notifying other counsel of the intent to reach out to Chambers.
Page 2 | CASE MANAGEMENT - A. Communications
All other communications must be made by filing a pleading, motion, or other filing; letters and emails to the Court on matters properly subject to filings are prohibited unless authorized.
All other communications with the Court concerning any case assigned to Judge Kenney's calendar should be made by the filing of a pleading, motion or other filing provided for in the Federal Rules of Civil or Criminal Procedure or the Local Rules of Civil or Criminal Procedure. Do not write letters or emails to the Court that are properly the subject of these filings unless given authorization. The Court does not do litigation by letter.
Page 3 | I. GENERAL MATTERS
Before communicating with the Court, counsel must confer with opposing counsel and be prepared to state opposing counsel's position; in criminal matters, counsel must also confer with the assigned officer, pretrial services officer, or probation officer first.
shall be prepared to state the position of opposing counsel. Regarding criminal matters, counsel must also confer with any assigned officer, pretrial services officer or probation officer, prior to communicating with the Court.
Page 32 | VI. OTHER MATTERS - C. Consultation with Opposing Counsel and Court Officers
All emails with any Chambers personnel must copy the Chambers email address.
Emails with any Chambers personnel should copy the Chambers email address.
Page 2 | CASE MANAGEMENT - A. Communications
Counsel should not seek to engage in advocacy during any administrative contact with Chambers staff. It is presumed that all counsel are aware of any communication made with Chambers and have been copied on any emails or other correspondence.
Counsel should not seek to engage in advocacy during any administrative contact with Chambers staff. It is presumed that all counsel are aware of any communication made with Chambers and have been copied on any emails or other correspondence.
Page 3 | I. GENERAL MATTERS
Rule 16 conferences are held in person in the courtroom on the record; telephone Rule 16 conferences are disfavored and granted only upon exigent circumstances.
Rule 16's and any subsequent case management conferences are held in the courtroom on the record. Telephone Rule 16s are not favored and are granted only upon exigent circumstances. Counsel are litigating in this District so they need to be readily available then to appear in court in person in the District.
Page 6 | II. CIVIL CASES - A. Preparing for the Rule 16 Schedule Conference
Any stipulation for a protective order should be sent to Chambers via email for Court approval.
Any stipulation for a protective order should be sent to Chambers via email for Court approval.
Page 16 | II. CIVIL CASES - 4. Confidentiality Agreements
When a criminal defendant will plead guilty, counsel must contact the Court's deputy clerk to schedule the plea hearing.
If a criminal defendant decides to plead guilty to an indictment or an information, counsel shall contact the Court’s deputy clerk to schedule a hearing.
Page 27 | D. Guilty Plea Hearing
Counsel using electronic presentation technology must supply their own equipment and contact the deputy clerk in chambers in advance to make arrangements, with the deputy clerk providing security clearance for those delivering the technology systems.
As such, if the attorneys would like to use any electronic presentation technology, then counsel must supply their own equipment. In this instance, counsel must contact the deputy clerk in chambers and make the proper arrangements. The deputy clerk will need to provide security clearance for those individuals or firms delivering any technology systems to the courtroom.
Page 31 | V. COURTROOM PROCEDURES
Parties are encouraged to contact the Court’s civil deputy, with opposing counsel, to arrange a call to help streamline the case schedule or discovery.
The Court will entertain reasonable requests to streamline the case schedule and discovery and encourages the parties to contact the Court’s civil deputy (with opposing counsel) to arrange a call with the Court when such interaction might help streamline the case.
Civil cases
Page 5 | GENERAL ISSUES
Court encourages meet-and-confer discussions for ESI discovery in cases with significant cost/burden.
In cases in which the discovery of electronically stored information is likely to be a significant cost or burden, the Court encourages the parties to engage in ongoing meet-and- confer discussions and use the following Checklist to guide those discussions.
Civil cases
Page 1 | I. Preservation
ESI discovery discussions should be tailored to specific claims and matter complexity.
The parties’ discussions should be framed in the context of the specific claims and defenses involved. The usefulness of particular topics on the Checklist, and the timing of discussion about these topics, may depend on the nature and complexity of the matter.
Civil cases
Page 1 | I. Preservation
Communications and correspondence regarding civil and criminal cases should be directed to Judge Kenney's Deputy Clerk, Shelli L. MacElderry, at telephone number (267) 299-7541 or email address Chambers_of_Judge_Chad_F_Kenney@paed.uscourts.gov.
Communications and correspondence regarding civil and criminal cases should be directed to Judge Kenney's Deputy Clerk, Shelli L. MacElderry, at telephone number (267) 299-7541 or email address Chambers_of_Judge_Chad_F_Kenney@paed.uscourts.gov.
Page 2 | CASE MANAGEMENT - A. Communications
Counsel may initiate telephone communications with Chambers when a written communication cannot timely address a last-minute development.
When a written communication concerning a case cannot timely address a last-minute development, counsel may initiate necessary telephone communications with Chambers.
Page 3 | I. GENERAL MATTERS
Counsel may contact chambers about a pending motion if no disposition has been received within 90 days after a class certification, summary judgment, or qualified immunity motion is fully briefed (and argued where applicable), or within 60 days for all other motions.
(7) If counsel has not received a disposition on a motion for class certification, for summary judgment, or a motion requiring a decision regarding qualified immunity within ninety days of the motion being fully briefed (and argued where applicable); or sixty days for all other motions.
Page 3 | I. GENERAL MATTERS
Counsel may contact chambers to confirm or advise the Court that a case has been settled, dismissed, or otherwise finally disposed.
(6) To confirm or advise the Court that a case has been settled, dismissed, or otherwise finally disposed; or
Page 3 | I. GENERAL MATTERS
Counsel may email chambers to inquire about undecided motions after 90 days (class certification, summary judgment, motions to compel arbitration, qualified immunity) or after 60 days for all other motions.
For decisions on class certification, summary judgment, motions to compel arbitration, and decisions regarding qualified immunity, counsel may send an email inquiry if the Court has not ruled on the motion within ninety days after full briefing (and argument if applicable). In all other instances, counsel may reach out and inquire after sixty days.
Page 12 | II. CIVIL CASES - 6. Disposition
Judge Kenney permits telephone conferences to resolve disputes that arise during depositions.
Judge Kenney permits telephone conferences to resolve disputes during depositions,
Page 14 | II. CIVIL CASES
Questions and correspondence about the arbitration hearing should be directed to the arbitration clerk at PAED_arbitration@paed.uscourts.gov.
Counsel are advised to consult the materials available on the Eastern District of Pennsylvania's website at https://www.paed.uscourts.gov/arbitration-department and direct questions or correspondence regarding the arbitration hearing to the arbitration clerk at PAED_arbitration@paed.uscourts.gov.
Page 17 | Rule 53.2. 1. General Approach to Arbitration
Sealed documents and motions to impound are submitted to the Clerk of Court via the designated email address ECF_Documents@paed.uscourts.gov.
If counsel file sealed documents, then counsel must submit the sealed documents, and a motion to impound, to the Office of the Clerk of Court via email at ECF_Documents@paed.uscourts.gov.
Page 26 | IV. CRIMINAL CASES - A. Attorney Filing Procedures & ECF
Junior Lawyer Participation Incentives
Counsel are encouraged to let other trial team members argue all or parts of motions, participate in Rule 16 conferences, and prepare ancillary witnesses, provided they have access to the client and all information needed to prepare.
Counsel are encouraged to have other trial team members argue all or parts of motions, as well as participate in Rule 16 conferences as long as counsel is giving the team member access to the client and to all information needed to properly prepare. Counsel are also encouraged to have trial team members prepare and present ancillary witnesses for trial testimony.
Page 5 | I. GENERAL MATTERS
The Court encourages parties to have associates argue discovery-dispute hearings on the record to develop advocacy skills.
The Court encourages parties to consider some hearings on discovery disputes as an opportunity for associates to argue issues on the record and develop effective advocacy skills.
Page 14 | II. CIVIL CASES