Pro hac vice in E.D. Pa. →
judge console · E.D. Pa.
E.D. Pa. · Judge Costello · Practice Guide

Hon. Mary Kay Costello

All local rules for E.D. Pa., integrated with this judge's published requirements.

Know Before You Go
👤 Judge Costello — deviations that burn people
  • 1. No SUMF: Do not file a separate statement of undisputed material facts on summary judgment -- all facts go in the memorandum with pinpoint record citations. Filing a SUMF may result in denial or being stricken.
  • 2. Pre-filing Rule 12 conference required: Before filing any Rule 12(b)(6), (e), or (f) motion, counsel must confer with opposing counsel at least 7 days before filing and certify the conference in the motion. Court will deny non-compliant motions.
  • 3. Opposing party must include a proposed order: Not just the moving party -- the opposing party must also attach a proposed order referencing the motion.
  • 4. Trial/dispositive motion continuances are near-impossible: A request for extension of trial date or dispositive motion deadline will rarely be granted and requires extraordinary circumstances.
  • 5. Direct law clerk contact is prohibited: All communications go through Courtroom Deputy Michael Coyle -- never contact law clerks directly.
Get updates when Judge Costello's procedures change
Discovery Motions
Who decides discovery disputes in this judge's cases: the judge themself, a referral to a magistrate (always / usually / case-by-case), or a special master?
🏛 E.D. Pa. local rule

In accordance with procedures adopted by the Board of Judges, each district judge shall have an assigned magistrate judge. (p. 50)

Matters shall be referred to magistrate judges at the direction of the district judge to whom the case is assigned. (p. 50)

Local R. Civ. P. 72.1(II)

👤 Judge Costello — standing order

“Judge Costello may hold telephone or video conferences to resolve scheduling matters or discovery disputes.” · Policies and Procedures

Pre-motion conferral: required? Format (in person / live / written OK)? Who arranges it, deadline, number of attempts?
🏛 E.D. Pa. local rule

No motion or other application pursuant to the Federal Rules of Civil Procedure governing discovery or pursuant to this rule shall be made unless it contains a certification of counsel that the parties, after reasonable effort, are unable to resolve the dispute. (p. 30)

Local R. Civ. P. 26.1(f)

👤 Judge Costello — standing order

“In general, Judge Costello expects counsel to bring matters to her attention only after they have been discussed with opposing counsel.” · Policies and Procedures

“Judge Costello expects the parties to have met and conferred in good faith by telephone, by video conference, or in person before submitting a dispute.” · Policies and Procedures

What proof of conferral must be filed or stated (certification, letter, dates, participants, duration)?
🏛 E.D. Pa. local rule

it contains a certification of counsel that the parties, after reasonable effort, are unable to resolve the dispute. (p. 30)

Local R. Civ. P. 26.1(f)

👤 Judge Costello — standing order

Nothing posted.

Must (or may) the parties get a conference with the court before a written motion (IDC, pre-motion conference, discovery hotline, teleconference)? Required / optional / not offered?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Costello — standing order

“Parties may request a telephone or video conference with Judge Costello for straightforward discovery disputes (e.g., no response or objection has been timely served, refusal to schedule deposition).” · Policies and Procedures

“Counsel should file a motion or letter on the docket explaining the dispute prior to any such conference.” · Policies and Procedures

The vehicle and contents for raising a dispute with the court: letter / letter-motion / email / form / joint submission. Joint or unilateral? Page or word limits, required contents, attachments.
🏛 E.D. Pa. local rule

Every motion pursuant to the Federal Rules of Civil Procedure governing discovery (p. 29)

Local R. Civ. P. 26.1(b)

👤 Judge Costello — standing order

“The letter or motion and any supporting memorandum shall not exceed five pages of double-spaced 12-point font.” · Policies and Procedures

“While straightforward discovery disputes may be raised by letter and handled through a conference with the Court, more complicated or involved discovery disputes must be submitted by motion.” · Policies and Procedures

If a written motion is filed: form (joint stipulation, standard motion, letter brief), length, required contents (e.g., verbatim requests and responses), briefing schedule
🏛 E.D. Pa. local rule

Every motion pursuant to the Federal Rules of Civil Procedure governing discovery shall identify and provide, verbatim, the relevant parts of the interrogatory, request, answer, response, objection, notice, subpoena, or depositions in the party’s memorandum. (p. 29)

Counsel may also identify the disputed discovery in an attached exhibit, provided that the exhibit clearly identifies the relevant portions. (p. 29)

Any party responding to the motion shall provide, verbatim, any other part that the party believes necessary to the court's consideration of the motion. (p. 29)

A routine motion to compel answers to interrogatories or to compel compliance with a request for production under Federal Rule of Civil Procedure 34, wherein it is averred that no response or objection has been timely served, need have no accompanying brief, and need have no copy of the interrogatories or Federal Rule of Civil Procedure 34 request attached. (p. 30)

Every motion shall be accompanied by a form of order which, if approved by the court, would grant the relief sought by the motion. (p. 18)

Every motion not certified as uncontested, or not governed by Local Civil Rule 26.1(g), shall be accompanied by a brief containing a concise statement of the legal contentions and authorities relied upon in support of the motion. (p. 18)

Unless the Court directs otherwise, any party opposing the motion shall serve a brief in opposition together with such answer or other response that may be appropriate, within fourteen (14) days after service of the motion and supporting brief. (p. 18)

Counsel are directed to consult each judge’s policies and procedures. (p. 18)

Local R. Civ. P. 26.1(b), 26.1(g), 7.1(a), 7.1(c)

👤 Judge Costello — standing order

“While straightforward discovery disputes may be raised by letter and handled through a conference with the Court, more complicated or involved discovery disputes must be submitted by motion.” · Policies and Procedures

“The motion and any supporting memorandum, together, shall not exceed ten pages of double-spaced 12-point font.” · Policies and Procedures

“The responding party may file a response within five days, also limited to ten pages of double-spaced 12-point font.” · Policies and Procedures

“All grounds for relief must be set forth in a single comprehensive motion, accompanied by a proposed order, and an attached memorandum.” · Policies and Procedures

“Parties opposing the motion must attach a proposed order referring to the motion.” · Policies and Procedures

Replies, supplemental memos, sur-replies: allowed? Limits? ⚠
🏛 E.D. Pa. local rule

The Court may require or permit additional briefs or submissions if the Court deems them necessary. (p. 18)

Local R. Civ. P. 7.1(c)

👤 Judge Costello — standing order

“Reply briefs and sur-reply briefs may be filed without seeking leave and must be filed no later than seven days after the filing to which the brief responds.” · Policies and Procedures

“Reply briefs must not exceed ten pages and must be limited to issues newly raised in the opposing party’s response.” · Policies and Procedures

“Sur-reply briefs must not exceed five pages and must be limited to issues newly raised in the opposing party’s reply.” · Policies and Procedures

“Failure to comply with any of these requirements may result in the brief or memorandum being stricken from the record and not considered by the Court.” · Policies and Procedures

Must disputes be filed / heard / decided before the discovery cutoff? Any lead-time requirement?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Costello — standing order

Nothing posted.

Is there a hearing? When, how (in person / phone / video), decided on papers?
🏛 E.D. Pa. local rule

Any interested party may request oral argument on a motion. The court may dispose of a motion without oral argument. (p. 18)

Local R. Civ. P. 7.1(f)

👤 Judge Costello — standing order

“In civil cases, Judge Costello will schedule oral arguments and evidentiary hearings when warranted.” · Policies and Procedures

“Judge Costello may require oral argument before deciding any such motions.” · Policies and Procedures

Emergency / ex parte discovery relief (e.g., disputes during a deposition): allowed? How?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Costello — standing order

“Judge Costello permits telephone conferences to resolve disputes during depositions in cases where the deposition would otherwise have to be adjourned.” · Policies and Procedures

Stated consequences for not following the procedure ⚠
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Costello — standing order

“If the Court's intervention is required to resolve a discovery dispute, the Court may impose sanctions in favor of the prevailing party.” · Policies and Procedures

“Failure to comply with any of these requirements may result in the brief or memorandum being stricken from the record and not considered by the Court.” · Policies and Procedures

Hearings & Calendar
When does the judge hear civil motions?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Costello — standing order

Nothing posted.

How do you get a hearing date? Self-notice on the motion day, reserve with the courtroom deputy first, or the court sets it? Notice period? Closed dates?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Costello — standing order

“In civil cases, Judge Costello will schedule oral arguments and evidentiary hearings when warranted.” · Policies and Procedures

Is there oral argument by default, or is it decided on the papers? Can the court vacate the hearing?
🏛 E.D. Pa. local rule

The court may dispose of a motion without oral argument. (p. 18)

Local R. Civ. P. 7.1(f)

👤 Judge Costello — standing order

“In civil cases, Judge Costello will schedule oral arguments and evidentiary hearings when warranted.” · Policies and Procedures

How do you request oral argument (or a hearing) if it isn't automatic?
🏛 E.D. Pa. local rule

Any interested party may request oral argument on a motion. (p. 18)

Local R. Civ. P. 7.1(f)

👤 Judge Costello — standing order

Nothing posted.

Does the judge issue tentative rulings? When and where are they posted, and what do you do if you submit on one?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Costello — standing order

Nothing posted.

Can you appear remotely (phone/video)? How and when to request it?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Costello — standing order

Nothing posted.

Does the judge encourage or guarantee argument by newer attorneys?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Costello — standing order

Nothing posted.

How do you continue/adjourn a hearing?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Costello — standing order

“Counsel should advise the Court immediately of any compelling reason justifying an extension or continuance of any scheduled date.” · Policies and Procedures

“Such a request may be made by letter, describing in detail the basis for the request, noting the agreement or disagreement of all other counsel and setting forth the period of delay requested.” · Policies and Procedures

“A request for an extension or continuance of the date on which the case is listed for trial or the deadline for filing dispositive motions will rarely be granted and will only be considered in extraordinary circumstances.” · Policies and Procedures

Courtroom technology and devices: equipment available; phones/laptops allowed; testing in advance
🏛 E.D. Pa. local rule

No judicial proceedings may be broadcast by radio or television, or filmed by still or motion-picture camera or other electronic device, (p. 52)

Except as provided by any applicable standing court order concerning electronic devices, no cameras, broadcasting mechanisms, or electronic device capable of filming or recording may be brought into, or retained or operated within, any district court courtroom or any hall on the same floor as such courtroom. (p. 52)

Local R. Civ. P. 83.3(a), (b)

👤 Judge Costello — standing order

Nothing posted.

Stated consequences for hearing-related noncompliance ⚠
🏛 E.D. Pa. local rule

No attorney shall, without just cause, fail to appear when that attorney's case is before the court on a call, motion, pretrial proceeding, or trial, (p. 66)

Any attorney who fails to comply with (a) or (b) may be disciplined as the court shall deem just. (p. 66)

Local R. Civ. P. 83.6.1(b), (c)

👤 Judge Costello — standing order

“If the Court's intervention is required to resolve a discovery dispute, the Court may impose sanctions in favor of the prevailing party.” · Policies and Procedures

Summary Judgment
How many SJ motions may each party (or side) file, and how do you get leave for more?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Costello — standing order

Nothing posted.

What page limits apply to SJ briefs, where they differ from the general motion limits?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Costello — standing order

Nothing posted.

Do you need the court's permission, a pre-motion conference or letter, a status report, or advance notice before filing?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Costello — standing order

Nothing posted.

Can you move for SJ before discovery closes?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Costello — standing order

Nothing posted.

When must the motion be filed or heard, and on what briefing schedule?
🏛 E.D. Pa. local rule

Unless the Court directs otherwise, any party opposing the motion shall serve a brief in opposition together with such answer or other response that may be appropriate, within fourteen (14) days after service of the motion and supporting brief. (p. 18)

Local Civ. R. 7.1(c)

👤 Judge Costello — standing order

Nothing posted.

Before filing, must the movant confer with or serve SJ papers on the opponent, and how far ahead?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Costello — standing order

Nothing posted.

What kind of fact statement does the judge want?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Costello — standing order

“Except for a formal stipulation setting forth facts agreed to in their entirety by all parties, no party shall file a statement of undisputed material facts or a separate statement of facts setting forth its interpretation of the record.” · Policies and Procedures

“Instead, all references to the facts must be included in the party's memorandum with pinpoint citations to the record, including the page of any document or line and page number of any deposition to which reference is made.” · Policies and Procedures

Is there a cap on the fact statement (and the response)?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Costello — standing order

Nothing posted.

How must the fact statement and responses be laid out?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Costello — standing order

Nothing posted.

How do you raise evidentiary objections to the other side's SJ evidence?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Costello — standing order

Nothing posted.

How must SJ evidence be assembled?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Costello — standing order

Nothing posted.

Do you file full deposition transcripts or only the cited excerpts?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Costello — standing order

“When submitting deposition testimony as an exhibit, parties are requested to submit the entire deposition transcript.” · Policies and Procedures

In the brief, do you cite the record, the fact statement, or both? Must the brief carry its own statement of facts? ⚠
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Costello — standing order

“Except for a formal stipulation setting forth facts agreed to in their entirety by all parties, no party shall file a statement of undisputed material facts or a separate statement of facts setting forth its interpretation of the record.” · Policies and Procedures

“Instead, all references to the facts must be included in the party's memorandum with pinpoint citations to the record, including the page of any document or line and page number of any deposition to which reference is made.” · Policies and Procedures

“Failure to cite specifically to the appropriate parts of the record may constitute grounds for denial of the requested relief or may cause a filing to be stricken.” · Policies and Procedures

If the motion or opposition depends on excluding an expert, how and when must the challenge be raised?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Costello — standing order

Nothing posted.

How are cross-motions handled?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Costello — standing order

Nothing posted.

Will the judge entertain SJ in a non-jury case?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Costello — standing order

“Judge Costello will rarely grant summary judgment in a non-jury case.” · Policies and Procedures

What consequences does the judge's own text state for SJ noncompliance? ⚠
🏛 E.D. Pa. local rule

In the absence of a timely response, the motion may be granted as uncontested except as provided under Federal Rule of Civil Procedure 56, or otherwise prohibited by law. (p. 18)

Local Civ. R. 7.1(c)

👤 Judge Costello — standing order

“Failure to cite specifically to the appropriate parts of the record may constitute grounds for denial of the requested relief or may cause a filing to be stricken.” · Policies and Procedures

Pro Hac Vice
What does PHV admission cost, who pays it, and is it ever waived?
🏛 E.D. Pa. local rule

No admission shall be effective until such time as the fee has been paid, except that any counsel appearing in a case transferred pursuant to an Order of the Judicial Panel on Multidistrict Litigation need not pay such a fee. (p. 56)

Standing Order (Feb. 13, 2023); LCvR 83.5.2(b); form

👤 Judge Costello — standing order

Nothing posted.

Must PHV counsel associate with local counsel (a member of this court's bar), and who qualifies?
🏛 E.D. Pa. local rule

(a) Except for attorneys appearing on behalf of the United States Government or a department or agency thereof pursuant to Local Civil Rule 83.5(e), any attorney who is not a member of the bar of this court shall, in each proceeding in which that attorney desires to appear, have as associate counsel of record a member of the bar of this court upon whom all pleadings, motions, notices and other papers can be served conformably to the Federal Rules of Civil Procedure and the local rules of this court. (p. 56)

LCvR 83.5.2(a)

👤 Judge Costello — standing order

Nothing posted.

Who files the PHV motion or application: the applicant, or local or sponsoring counsel?
🏛 E.D. Pa. local rule

(b) An attorney who is not a member of the bar of this Court shall not actively participate in the conduct of any trial or pre-trial or post-trial proceeding before this Court unless, upon motion of a member of the bar of this Court containing a verified application, leave to do so shall have been granted. (p. 56)

LCvR 83.5.2(b)

👤 Judge Costello — standing order

Nothing posted.

What proof of good standing is required (a certificate or a sworn statement), from which bars, and how recent?
🏛 E.D. Pa. local rule

C. I state that I am at present a member of the aforesaid bar(s) in good standing, and that I will demean myself as an attorney of this court uprightly and according to law, and that I will support and defend the Constitution of the United States. (p. 2)

The undersigned member of the bar of the United States District Court for the Eastern District of Pennsylvania hereby moves for the admission of _______________________________________________ to practice in said court pursuant to Local Rule of Civil Procedure 83.5.2(b), and certify that I know (or after reasonable inquiry believe) that the applicant is a member in good standing of the above-referenced state and federal court(s) and that the applicant's private and personal character is good. (p. 3)

Court form

👤 Judge Costello — standing order

Nothing posted.

What must the PHV motion or application contain, and must (or may not) a particular form be used?
🏛 E.D. Pa. local rule

(b) An attorney who is not a member of the bar of this Court shall not actively participate in the conduct of any trial or pre-trial or post-trial proceeding before this Court unless, upon motion of a member of the bar of this Court containing a verified application, leave to do so shall have been granted. (p. 56)

LCvR 83.5.2(b); court form

👤 Judge Costello — standing order

Nothing posted.

By when must the PHV motion be filed or granted: before a filing, before a conference, or at the first appearance? Is an oral motion allowed?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Costello — standing order

Nothing posted.

Must PHV counsel register for ECF (or is it barred), and by when?
🏛 E.D. Pa. local rule

________________ is DIRECTED to request ECF filing access using their PACER Account1. (p. 1)

Court form (proposed order)

👤 Judge Costello — standing order

Nothing posted.

What must local counsel do once PHV counsel is in the case (attend conferences or hearings, sign filings, know the case, accept service, answer for PHV counsel)?
🏛 E.D. Pa. local rule

At least one associate counsel shall maintain their appearance on the docket until the conclusion of the case or until granted leave to withdraw by the court. (p. 56)

(a) Except for attorneys appearing on behalf of the United States Government or a department or agency thereof pursuant to Local Civil Rule 83.5(e), any attorney who is not a member of the bar of this court shall, in each proceeding in which that attorney desires to appear, have as associate counsel of record a member of the bar of this court upon whom all pleadings, motions, notices and other papers can be served conformably to the Federal Rules of Civil Procedure and the local rules of this court. (p. 56)

LCvR 83.5.2(a)-(b)

👤 Judge Costello — standing order

Nothing posted.

Must the PHV motion state the other parties' position or consent, or confer with them first? When may the other side oppose?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Costello — standing order

Nothing posted.

What consequences does the judge's own text state for PHV problems (revocation of PHV status, denial, a duty to bring in local counsel)?
🏛 E.D. Pa. local rule

No admission shall be effective until such time as the fee has been paid, except that any counsel appearing in a case transferred pursuant to an Order of the Judicial Panel on Multidistrict Litigation need not pay such a fee. (p. 56)

LCvR 83.5.2(b)

👤 Judge Costello — standing order

Nothing posted.

Are attorneys who live, work, or are barred in this state excluded from PHV and sent to full admission?
🏛 E.D. Pa. local rule

I, _________________________________________ the undersigned, am an attorney who is not currently admitted to either the bar of this court or the bar of the Supreme Court of Pennsylvania, and I hereby apply for admission to practice in this court pursuant to Local Rule of Civil Procedure 83.5.2(b) to represent ________________________. (p. 2)

Standing Order (Feb. 13, 2023); court form

👤 Judge Costello — standing order

Nothing posted.

Is there a cap on how often an attorney may appear PHV, or a required disclosure of past PHV applications?
🏛 E.D. Pa. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Costello — standing order

Nothing posted.

Do government attorneys need PHV admission, and are they exempt from the fee or local counsel?
🏛 E.D. Pa. local rule

(e) Any attorney who is a member in good standing of the bar of the highest court of any state, territory, or the District of Columbia may, without being admitted generally as an attorney of this Court, act as an attorney in this Court on behalf of the United States Government or any of its departments or agencies. (p. 53)

LCvR 83.5(e); 83.5.2(a)

👤 Judge Costello — standing order

Nothing posted.

Other procedures for Judge Costello
Before You File
Contacting chambers
👤 Judge Costello — standing order

Communications regarding civil and criminal cases should be directed to Judge Costello's Courtroom Deputy Clerk, Michael Coyle, at 267.299.7720 or chambers costello@paed.uscourts.gov. Direct communication with law clerks is prohibited.

Drafting the Motion
Length limits — motion, opposition, reply
🏛 E.D. Pa. local rule
Opposition

Silent on page limits for opposition briefs. E.D. Pa. L.R. 7.1 (silent) ↗

Reply

Silent on page limits for reply briefs. E.D. Pa. L.R. 7.1 (silent) ↗

👤 Judge Costello — standing order
Opposition

Absent an order stating otherwise, any brief or memorandum filed in support of or in opposition to a motion must be limited to twenty-five pages of double-spaced 12-point font, excluding the table of contents, table of authorities, and any attachments or exhibits.

Reply

Reply briefs and sur-reply briefs may be filed without seeking leave and must be filed no later than seven days after the filing to which the brief responds. ... Reply briefs must not exceed ten pages and must be limited to issues newly raised in the opposing party's response. Sur-reply briefs must not exceed five pages and must be limited to issues newly raised in the opposing party's reply.

Filing & Scheduling
Proposed orders
🏛 E.D. Pa. local rule

(a) Every motion shall be accompanied by a form of order which, if approved by the court, would grant the relief sought by the motion. Every response in opposition to a motion shall be accompanied by a form of order, which, if approved by the court, will deny or amend the relief sought by the motion. E.D. Pa. L.R. 7.1(a) ↗

👤 Judge Costello — standing order

All grounds for relief must be set forth in a single comprehensive motion, accompanied by a proposed order, and an attached memorandum. Parties opposing the motion must attach a proposed order referring to the motion.

Filing under seal
👤 Judge Costello — standing order

The Court will approve protective orders, confidentiality agreements and stipulated protective orders, where absolutely necessary and for good cause shown. No protective order or confidentiality agreement 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." Except in exceptional circumstances, documents or evidence that form the basis for judgment in a case are unlikely to be protected against disclosure. The fact that the parties have designated materials or information as confidential pursuant to agreement or stipulated order does not mean that the Court will order filings containing such information placed under seal. The public has a presumed right of access to judicial records and documents. Any party wishing to shield such records and documents from public view must prove why the interest in secrecy outweighs the presumption of public access. See In re Avandia Mktg., Sales Practices & Prod. Liab. Litig., 924 F.3d 662, 671-73 (3d Cir. 2019).

More from Judge Costello’s procedures
👤 Judge Costello — standing order
Summary judgment procedure

Except for a formal stipulation setting forth facts agreed to in their entirety by all parties, no party shall file a statement of undisputed material facts or a separate statement of facts setting forth its interpretation of the record. Instead, all references to the facts must be included in the party's memorandum with pinpoint citations to the record, including the page of any document or line and page number of any deposition to which reference is made. Failure to cite specifically to the appropriate parts of the record may constitute grounds for denial of the requested relief or may cause a filing to be stricken. Judge Costello will rarely grant summary judgment in a non-jury case. Source ↗

content assembled from published local rules & standing orders · click any section in the rail for the full treatment
Get updates on Judge Costello's procedures
Standing order changes, new key traps, and E.D. Pa. practice intelligence.