Eastern District of Pennsylvania Filing Timing and Cure Windows

CRITICALCivil cases

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.

CRITICAL

The Rule 26(f) meeting must occur as soon as possible and at least ten days before the Rule 16 conference.

A Rule 26(f) meeting shall take place as soon as possible, and at least ten days prior to the Rule 16 conference.

CRITICAL

Parties arguing expert testimony inadmissibility in a summary judgment motion or opposition must raise the argument in a separate, contemporaneously filed Daubert motion, not in the summary judgment briefing.

If a party’s motion for summary judgment, or an opposition thereto, is based in whole or in part on an argument that expert testimony is not admissible, then the party must raise such argument in a contemporaneous Daubert motion. That is, the party may not simply include arguments about expert inadmissibility within the summary judgment briefing. The argument must be the subject of a separate motion.

CRITICAL

Settlement summary and confidential case summary are due 2 weeks prior to the settlement conference.

Counsel for all parties must submit the attached summary and their confidential case summary to Chambers_of_Magistrate_Judge_Arteaga@paed.uscourts.gov on or before (2 weeks prior to the conference).

CRITICAL

Joint appendix must be filed by the movant no later than the initial summary judgment motion docket date.

The joint appendix must be filed by the movant no later than the date the initial motion for summary judgment is docketed.

CRITICAL

Counsel must notify the Court of a lack of settlement possibility at least one week before the scheduled settlement conference via call or email.

If settlement is not a real possibility (e.g., if the defendant will not make an offer or will offer only nuisance value), counsel shall notify the Court (jointly or individually) by a call or email to request a brief video conference regarding the lack of settlement possibility at least one week before the scheduled settlement conference.

CRITICAL

Defendant's settlement offer is due 2 weeks prior to the settlement conference.

Defendant(s) must make an updated, precise, and specific written settlement offer on or before (2 weeks prior to the conference).

CRITICAL

Plaintiff's settlement demand is due 3 weeks prior to the settlement conference.

Plaintiff(s) must make an updated, precise, and specific written settlement demand, inclusive of all attorney’s fees, costs, and damages, on or before (3 weeks prior to the conference).

CRITICAL

Counsel must submit a confidential settlement summary and case synopsis via email two weeks before the scheduled settlement conference.

Counsel for all parties must submit a confidential settlement summary and case synopsis via email (to Chambers_of_Magistrate_Judge_Arteaga@paed.uscourts.gov) two weeks before the conference.

CRITICAL

Joint settlement position letter is due 1 week prior to the settlement conference.

Counsel shall submit a joint letter setting forth the most recent settlement positions of the parties on or before (1 week prior to the conference).

CRITICAL

Plaintiffs must submit a written settlement demand at least three weeks before the scheduled settlement conference.

Plaintiff(s) must make an updated, precise, and specific written settlement demand, inclusive of all attorney’s fees, costs, and damages, at least three weeks before a scheduled settlement conference.

CRITICAL

Defendants must submit a written settlement offer at least two weeks before the scheduled settlement conference.

Defendant(s) must make an updated, precise, and specific written settlement offer at least two weeks before the conference.

WARNINGCivil cases

Bring discovery disputes promptly; do not wait until the end of discovery.

Do not wait until the end of discovery to bring a dispute to Judge Hey’s attention. Only the District Judge has the ability to alter your discovery deadline.

INFO

Applies to

Pretrial memorandum

Defendants may optionally file pre-trial memoranda on the same 7-day before trial schedule as the Government.

The defendant is not required to file a pre-trial memorandum but may do so on the same schedule as the Government.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

3 business days

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICALCivil cases

Objections to expert report compliance must be raised within one week of submission.

If any party believes that an expert report does not comply with the rules relating to timely disclosure or exceeds the scope of what is permitted in that expert report, the complaining party must notify the offending party within one week of the submission of the expert report.

CRITICALCivil cases

Within seven days after identifying relevant document custodians, retention coordinators must implement the specified procedures and counsel for each party must file a statement of compliance.

Within seven (7) days of identifying the relevant document custodians, the retention coordinators shall implement the above procedures and each party's counsel shall file a statement of compliance.

CRITICAL

A response to a motion to compel must be filed within 5 days.

The responding party may file a response within 5 days, also limited to 5 pages of double-spaced 12-point font.

CRITICAL

A pending motion to exceed the page limit does not extend or excuse the filing deadline for the principal filing.

A pending motion to exceed page limits does not relieve a party of its responsibility to comply with the filing deadline for the principal filing.

CRITICAL

Deadline

3 business days

Counsel must submit a joint Rule 26(f) report with a proposed discovery plan to chambers at least three business days before the pretrial conference, or the parties will have no voice at the scheduling conference and may face sanctions.

At least three business days prior to the pretrial conference, counsel must submit to chambers a joint report of the Rule 26(f) meeting with a proposed discovery plan. The Rule 26(f) meeting should take place as early in the case as possible. The meeting should be a meaningful and substantive discussion to formulate the proposed discovery plan required by the Rule. Parties who do not comply will have no voice at the scheduling conference and may be subject to additional sanctions.

CRITICAL

Reply briefs must be filed within seven days after the non-moving party files its opposition brief.

Reply briefs must be filed within seven days of the date that a non-moving party files its opposition brief, may not exceed ten pages, and must be limited to issues newly raised in the opposing party’s response.

CRITICAL

Deadline

5 business days

Counsel must file the completed Rule 26(f) meeting report with the Clerk at least five business days before the Rule 16 conference.

Without exception, counsel must, at least five business days prior to the Rule 16 conference, file with the Clerk of Court a completed report of their Rule 26(f) meeting.

CRITICAL

Deadline

5 business days

Motions in limine are usually due three weeks before trial, and responses are due within five business days after the motion is filed.

As noted above, motions in limine usually are due three weeks before trial. A response to any motion in limine is due within five business days of the filing of the motion.

CRITICAL

Pre-trial motions must be filed by the scheduling-order deadline and no later than six weeks before trial.

The Parties must file any pre-trial motions, including Starks and Daubert motions or motions to suppress evidence, on or before the deadline established by the scheduling order entered by the Court, and under no circumstances later than six (6) weeks prior to the commencement of trial.

CRITICAL

Government and defense sentencing memoranda must be filed simultaneously at least seven days before sentencing, and any response must be filed at least five days before sentencing.

Sentencing memoranda (exclusive of motions), by both the government and the defense must be filed simultaneously no later than seven (7) days before the scheduled sentencing date, and any response thereto must be filed at least five (5) days prior to the scheduled sentencing date.

CRITICAL

Deadline

7 business days

If the responding party sets forth additional disputed material facts, the moving party must respond within 7 business days.

3. If a responding party sets forth additional disputed material facts, the moving party shall, within 7 business days, file a response either admitting those facts are disputed, or contending they are undisputed and, as such, are not genuine issues to tried.

CRITICAL

Deadline

7 calendar days

Reply and sur-reply briefs may be filed within seven days after service of the opposing brief, must address only issues raised in that brief without repeating the movant’s prior arguments, and are limited to ten pages.

Reply briefs and sur-reply briefs, addressing only issues raised in the brief in opposition and not repeating arguments in briefs that were previously filed by the movant, may be filed within seven days of service of the opponent’s brief in opposition/reply and shall be limited to ten pages.

CRITICAL

The parties must jointly prepare and submit proposed points for charge and a proposed jury verdict form at least three weeks before the case is listed for trial or as provided in the scheduling order; submissions must be emailed in Microsoft Word format, not PDF.

At least three weeks before the case is listed for trial and/or in accordance with the scheduling order entered by the Court, the Parties shall jointly prepare and submit to the Court proposed points for charge and proposed jury verdict form in accordance with the instructions below. Documents must be submitted via e-mail to Chambers_Younge@paed.uscourts.gov in Microsoft Word format - .pdf format is not acceptable.

CRITICAL

Sentencing motions and supporting memoranda, and any responses to them, must be filed at least seven days before sentencing.

Sentencing motions (including motions for downward departure or variance) and supporting memoranda must be filed at least seven (7) days prior to the scheduled sentencing date, and any response thereto must be filed at least seven days prior to the scheduled sentencing date.

CRITICAL

Hearings on Starks, Daubert, or suppression motions must be held at least 30 days before trial.

Any hearing on Starks/Daubert and/or Suppression Motions will be held at least thirty (30) days prior to trial.

CRITICAL

Deadline

7 calendar days

The opposing party must respond to a pre-trial motion within seven days after it is filed.

The opposing Party must respond to any pre-trial motion no later than seven days after the motion is filed.

CRITICAL

Deadline

7 calendar days

The parties must file a pretrial memorandum seven days before the final pretrial conference.

The parties shall file a pretrial memorandum in accordance with Local Rule of Civil Procedure 16.1(c) seven days prior to the final pretrial conference.

CRITICAL

Each party must file its sentencing memorandum no later than seven days prior to the scheduled sentencing date.

Each party must file its sentencing memorandum no later than seven days prior to the scheduled sentencing date.

CRITICAL

Joint Rule 26(f) status reports must be filed at least seven days before the Rule 16 scheduling conference.

A joint status report pursuant to Fed. R. Civ. P. 26(f) is due at least seven days prior to the Rule 16 conference.

CRITICAL

Responses to any sentencing motions must be filed at least three days prior to the scheduled sentencing date.

Responses to any sentencing motions must be filed at least three days prior to the scheduled sentencing date.

CRITICAL

Deadline

3 business days

Applies to

Guilty plea memorandum

Government must file guilty plea memorandum at least 3 business days before change of plea hearing.

The Government must submit a guilty plea memorandum at least three business days prior to a change of plea hearing.

CRITICAL

Replies and sur-replies must be filed no later than seven days after the previous filing.

Any replies or sur-replies must be filed as soon as practicable, but in any event, no later than seven days after the previous filing.

CRITICAL

Sentencing motions, including for departures under U.S.S.G. § 5.K1.1 and supporting memoranda must be filed at least seven days prior to the scheduled sentencing date.

Sentencing motions, including for departures under U.S.S.G. § 5.K1.1 and supporting memoranda must be filed at least seven days prior to the scheduled sentencing date.

CRITICAL

In non-2255 habeas corpus matters, the relevant government agency must respond to motions or objections within 14 days unless granted a court-ordered extension.

In all other habeas corpus matters, Judge Wolson will not pre-screen prisoner submissions to determine if it requires a response. Instead, Judge Wolson expects the relevant Government agency (whether a County, the Commonwealth, the United States, or otherwise) to respond to motions or objections within 14 days, absent a Court-ordered extension.

CRITICAL

Applies to

Pretrial memorandum

Government must file pre-trial memorandum at least 7 days before trial, including required content.

At least seven days prior to the trial date, the Government must file a pre-trial memorandum setting forth the essential elements of the offense(s), the facts that it intends to present, the identity of each witness it intends to call, a statement of the substance of each witness’s testimony, and any legal issues.

CRITICAL

Sentencing memoranda (exclusive of motions) must be filed no later than 7 days before scheduled sentencing date.

Sentencing memoranda (exclusive of motions) must be filed no later than seven (7) days before the scheduled sentencing date.

CRITICAL

Applies to

Opposition

Rule 56 opposition responses must be filed within 28 days of service of the motion.

The non-moving party shall file a response within twenty- eight (28) days after the Motion for Summary Judgment is served, unless otherwise ordered by the Court.

CRITICAL

Applies to

Rule 26(f) report

Rule 26(f) reports must be filed and emailed to Chambers at least 7 calendar days before the Rule 16 conference.

The parties must file on ECF (unless leave of Court is requested) and email to Chambers a Rule 26(f) report using the template provided on Judge Hodge’s website at least seven (7) days before the Rule 16 conference.

CRITICAL

Sentencing motions and supporting memoranda must be filed at least 14 days before scheduled sentencing date.

Sentencing motions and supporting memoranda must be filed at least fourteen (14) days before the scheduled sentencing date, and any response thereto must be filed at least seven (7) days before the scheduled sentencing date.

CRITICAL

Reply briefs, addressing only issues raised in the brief in opposition and not repeating arguments in the brief, may be filed within seven (7) days of service of the opponent’s brief in opposition and shall be limited to ten (10) pages.

Reply briefs, addressing only issues raised in the brief in opposition and not repeating arguments in the brief, may be filed within seven (7) days of service of the opponent’s brief in opposition and shall be limited to ten (10) pages.

CRITICAL

The Rule 26(f) meeting shall take place as soon as possible and no later than fourteen (14) days before the Rule 16 scheduling conference.

The Rule 26(f) meeting shall take place as soon as possible and no later than fourteen (14) days before the Rule 16 scheduling conference.

CRITICAL

Applies to

Opposition

Opposition to discovery motions must be filed within 7 days of the motion's filing.

Within seven (7) days of the filing of the motion, any counsel opposing the motion shall file with a Court a response to the motion not to exceed five (5) pages in conformity with Local Rule 26.1(b).

CRITICALCivil cases

Within seven days of identifying the relevant document custodians, retention coordinators must implement the above procedures, and each party's counsel must file a statement of compliance.

Within seven days of identifying the relevant document custodians, the retention coordinators shall implement the above procedures and each party's counsel shall file a statement of compliance.

CRITICAL

If counsel has not previously filed a joint Rule 26(f) report, Judge Toplin requires one to be filed on the docket one week before the Rule 16 conference.

If counsel has not previously filed a joint Rule 26(f) report, Judge Toplin requires one to be filed on the docket one week before the Rule 16 conference.

CRITICAL

The parties must provide the Court with an updated demand and offer four days before the scheduled settlement conference.

In addition, the parties must provide the Court with an updated demand and offer four (4) days before the scheduled conference.

CRITICAL

Counsel must submit a brief written settlement conference summary one week before the scheduled conference.

Judge Toplin requires counsel to submit a brief, written conference summary one week prior to the scheduled conference.

CRITICALCivil cases

Deadline

4 business days

Settlement memorandum must be emailed to chambers at least four business days before the conference.

Counsel are directed to email the position paper to Chambers not later than four business days prior to the conference.

CRITICAL

Plaintiff's counsel must circulate a draft of the Pretrial Stipulation at least one week before it is due.

IT SHALL BE THE RESPONSIBILITY OF PLAINTIFF’S COUNSEL TO CIRCULATE A DRAFT OF THIS PRETRIAL STIPULATION AT LEAST ONE WEEK BEFORE IT IS DUE.

CRITICAL

Plaintiff expert reports due by fact discovery deadline; Defendant expert reports due [+2 weeks]; all expert discovery due [+2 weeks].

Plaintiff shall produce any and all expert reports on or before [fact discovery deadline]. Defendant shall produce its expert reports on or before [+2 weeks]. All expert discovery, including rebuttal reports and depositions shall be completed on or before [+2 weeks].

CRITICAL

All motion responses must be filed within the timeframe specified in Local Rule 7.1(c).

Responses to all motions are due within the period prescribed by Local Rule 7.1(c).

CRITICAL

All fact discovery must be completed by [+90 days] from the scheduling order date.

All fact discovery shall be completed on or before [+90 days].

CRITICALCivil cases

Proposed Discovery Plan must be submitted no later than three days before the pretrial conference.

Not later than three days prior to the conference, counsel must submit to the Court a joint Proposed Discovery Plan under Rule 26(f).

CRITICALCivil cases

Response to summary judgment motion due in 21 days; reply/surreply due in 10 days; no leave required for reply/surreply.

A party is granted 21 days to file a response in opposition to a motion for summary judgment and 10 days to file any reply or surreply. Motions for leave to file a reply and surreply are not necessary for a Rule 56 motion because replies and surreplies are automatically allowed.

CRITICALCivil cases

Reply briefs, addressing only issues raised in the brief in opposition and not repeating arguments in the brief, may be filed within seven days of service of the opponent’s brief in opposition and shall be limited to ten pages.

Reply briefs, addressing only issues raised in the brief in opposition and not repeating arguments in the brief, may be filed within seven days of service of the opponent’s brief in opposition and shall be limited to ten pages.

WARNING

Deadline

2 business days

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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-

WARNING

The parties are expected to submit objections to witnesses and exhibits, including objections to opposing counsel’s objections, by a date set at the final pre-trial conference, usually three weeks before trial.

At the final pre-trial conference, a date will be set (usually three weeks prior to trial) when the Parties will be expected to submit their objections to witnesses and exhibits, and to opposing counsel’s objections.

WARNING

Motions in limine are usually due three weeks before trial.

As noted above, motions in limine usually are due three weeks before trial.

WARNING

Counsel should submit sentencing memoranda to Judge Toplin one week (7 days) before the scheduled sentencing.

All counsel should submit sentencing memoranda to Judge Toplin one (1) week before the scheduled sentencing.