judge console · E.D. Pa.
E.D. Pa. · Judge Kenney · Practice Guide

Hon. Chad F. Kenney

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

Before You File
Contacting chambers
👤 Judge Kenney — standing order

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. Any contact should only come after notifying other counsel of the intent to reach out to Chambers. Emails with any Chambers personnel should copy the Chambers email address. 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; (5) When the parties have remaining administrative or scheduling questions after reading the Policies; (6) To confirm or advise the Court that a case has been settled, dismissed, or otherwise finally disposed; or (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. 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. 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.

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

Silent on page limits for civil motions. The local rules set no district-wide page limit for motions or supporting briefs. Each judge's individual practices govern; consult the assigned judge's chambers procedures. E.D. Pa. L.R. 7.1 ↗

Opposition

Silent on page limits for opposition briefs. The local rules set no district-wide page limit. Each judge's individual practices govern. E.D. Pa. L.R. 7.1 ↗

Reply

Silent on page limits for reply briefs. The local rules set no district-wide page limit. Each judge's individual practices govern. E.D. Pa. L.R. 7.1 ↗

👤 Judge Kenney — standing order
Motion

Any brief or memorandum filed in support of the motion must be limited to twenty-five pages. 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.

Reply

Once a Motion and a Response are filed, parties can file reply or surreply briefs without seeking permission from the court. There is no timeline for these filings, but the court will not delay a decision on the motion in anticipation of receiving these filings unless the court has itself requested this further briefing.

Filing & Scheduling
Briefing schedule & hearing date
🏛 E.D. Pa. local rule
Notice period

Response to motion due within 14 days of service E.D. Pa. L.R. 7.1(c) ↗

Hearing days

Calendar control and other matters affecting the conduct of court business shall be governed by written policy statements on file in the Clerk's Office, which may be adopted or modified by the court in the implementation of the local rules (but not in derogation thereof), and also in the implementation of operating agreements that may be in effect between this court and certain other courts concerning conflicting engagements of counsel, recognition of busy-slips, and the like. E.D. Pa. L.R. 40.3 ↗

Chambers / courtesy copies
👤 Judge Kenney — standing order
Required?

Yes

Details

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 applicable), and if including exhibits - they must be appropriately tabbed/indexed. If the hard copies are over 30 pages, the copies cannot be stapled - the copies should be placed in a three-ring binder.

Proposed orders
🏛 E.D. Pa. local rule

Proposed order required with every motion E.D. Pa. L.R. 7.1(a) ↗

Filing under seal
👤 Judge Kenney — standing order

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. The parties may redact highly sensitive Personally Identifiable Information (PII) that is not relevant to the disposition of the case without leave of Court. 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." Except in exceptional circumstances, documents or evidence that form the basis for judgment in a case are unlikely to be protected against disclosure. Any stipulation for a protective order should be sent to Chambers via email for Court approval.

The Hearing
Oral argument
🏛 E.D. Pa. local rule

Oral argument at court's discretion; no automatic right E.D. Pa. L.R. 7.1(f) ↗

👤 Judge Kenney — standing order
Default practice

If the Judge believes oral argument will be helpful in deciding a matter, he will schedule it, particularly when it involves a dispositive motion.

Continuances & calendar conflicts
👤 Judge Kenney — standing order

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. 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. 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.

Discovery
Discovery referral procedure
🏛 E.D. Pa. local rule

Discovery disputes referred to assigned magistrate judge E.D. Pa. L.R. 72.1 ↗

Discovery dispute procedure
👤 Judge Kenney — standing order

Judge Kenney expects the parties to timely confer in good faith and resolve discovery disputes to avoid case management extensions. 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. 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. The Court will schedule oral argument when it believes argument will be helpful.

Know Before You Go
👤 Judge Kenney — deviations that burn people
  • 1. Pre-filing conference required for Rule 12 motions: Before filing any motion under Fed. R. Civ. P. 12(b)(6), (e), or (f), moving counsel must first contact opposing counsel at least seven days before filing; the Court will deny any motion that fails to include a certification of that conference.
  • 2. No litigation by letter: All substantive communications must be by filed motion or pleading -- letters and emails on case merits are not permitted unless the Court requests them.
  • 3. MSJ: 14-day meet-and-confer required before filing: Parties must meet and confer about material facts at least 14 days before filing the Rule 56 motion, and must include an exhibit index with exact ECF/exhibit/page references.
  • 4. Motions to compel first-set discovery often immediately granted: Kenney frequently grants motions to compel without awaiting a response when the opposing party failed to respond to a first set of discovery requests.
  • 5. Extensions affecting MSJ/trial dates require motion and will likely be denied: Continuances affecting summary judgment, motions in limine, or trial dates require a formal motion and should be expected to be denied absent unforeseeable, insurmountable cause.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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