Motion Practice: If a motion has not been addressed by either a ruling or the setting of a briefing schedule within a reasonable time after filing of the motion, counsel may call Judge Kennelly's courtroom deputy clerk to inquire.

Protective Orders; Filing of Documents Under Seal Any party moving for entry of a protective order by Judge Kennelly pursuant to Federal Rule of Civil Procedure 26(c) must abide by the following guidelines. Judge Kennelly will not sign a protective order that allows counsel, in their discretion, to decide which matters are to be deemed confidential. The proposed order must specify the categories of documents or other matters which may be subject to the order (e.g., personnel files, medical information, confidential financial matters, etc.). The motion for protective order must set forth why confidentiality is necessary as to each such category. Judge Kennelly will not sign a protective order that provides that items designated by a party as confidential may, for that reason, be filed with the court under seal. Rather, any protective order that contemplates under-seal filing must provide that no documents may be filed under seal absent a motion, filed and noticed for hearing prior to the due date of the particular filing, showing good cause for sealing a portion of the record in the case. The mere fact that information has been designated as confidential by a party is insufficient to permit under-seal filing. A party seeking to file material under seal must set forth in its motion the reasons why the record should be sealed. Issuance of a protective order will not be given binding effect as a determination of good cause for Rule 26(c) purposes if, at any future time, a party moves for relief from the protective order's limitations. If such a motion is made, the court will engage in an appropriate balancing of the interests between privacy and public access to make a new determination of good cause in light of the facts then before the court. In any case in which Judge Kennelly permits filing under seal, an unredacted version of the entire filing, including all exhibits, must be filed under seal, and a redacted version that omits the sealed portions must be filed in the public record.

Discovery Motions Judge Kennelly believes that parties can and should work out most discovery disputes and thus discourages the filing of discovery motions. Judge Kennelly will not hear or consider any discovery motion unless the movant has complied with the "meet and confer" requirement of Local Rule 37.2 . The motion must state with specificity when and how the movant complied with Local Rule 37.2. Parties are reminded that compliance with Local Rule 37.2 requires a good faith effort to resolve discovery disputes and communication that takes place face to face or by telephone. The exchange of correspondence ordinarily will not be sufficient to comply with Local Rule 37.2. Judge Kennelly will only rarely set briefing schedules on discovery motions. His more common practice is to address the motion at an upcoming status hearing or separately set it for a hearing, at which all parties should be fully prepared to argue the motion. If a briefing schedule is set on a discovery motion, it typically will be expedited so that the motion can be resolved promptly. Parties are reminded that there is no "sequence" in which discovery must occur, and that one party’s failure or inability to respond to discovery will not excuse any other party’s prompt compliance. The pendency of a motion, such as a motion to dismiss, does not operate as a stay of discovery. Discovery is not stayed unless the court orders it to be stayed.