All local rules for E.D. Pa., integrated with this judge's published requirements.
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)
“However, if the parties remain unable to resolve a dispute despite making a good faith effort, counsel for the aggrieved party shall file with Judge Wolson a motion in conformity with Local Civil Rule 26.1(b), with a form order and short brief, not to exceed five pages or 1,750 words (not including exhibits), describing the dispute.” · Policies and Procedures
“In most cases, Judge Wolson expects to rule promptly on discovery motions and often decides such motions during the telephone conference.” · Policies and Procedures
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)
“Any time that lawyers must meet and confer, whether pursuant to a statute, a federal or local rule, these Policies and Procedures, or a Court order, the parties must have a verbal conversation to satisfy the obligation.” · Policies and Procedures
“The conversation can be in person, by videoconference, or by phone.” · Policies and Procedures
“The mere exchange of written correspondence, whether letter, email, or otherwise, does not satisfy the obligation.” · Policies and Procedures
“Exchanges of letters or e-mails are not sufficient.” · Policies and Procedures
“Discovery disputes Judge Wolson urges the parties to settle discovery disputes among themselves.” · Policies and Procedures
“These efforts must include verbal communications, whether by phone or in person.” · Policies and Procedures
“" Judge Wolson will deny a discovery motion that does not meet these requirements.” · Policies and Procedures
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)
“In filing a discovery motion, the certificate of counsel must provide specific details of the parties' efforts to resolve the dispute informally.” · Policies and Procedures
“It is not sufficient to report that opposing counsel was not available or that the parties made "reasonable efforts."” · Policies and Procedures
“Judge Wolson will deny a discovery motion that does not meet these requirements.” · Policies and Procedures
“All motions must contain the certification required under Local Civil Rule 26.1(f).” · Policies and Procedures
No local rule on this point (checked, as of 2026-10-24).
Nothing posted.
Every motion pursuant to the Federal Rules of Civil Procedure governing discovery (p. 29)
Local R. Civ. P. 26.1(b)
“However, if the parties remain unable to resolve a dispute despite making a good faith effort, counsel for the aggrieved party shall file with Judge Wolson a motion in conformity with Local Civil Rule 26.1(b), with a form order and short brief, not to exceed five pages or 1,750 words (not including exhibits), describing the dispute.” · Policies and Procedures
“All discovery motions must attach the discovery requests at issue, as well as the written response.” · Policies and Procedures
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)
“Formatting requirements Except as set forth herein, motion practice will be conducted in accordance with Local Civil Rule 7.1.” · Policies and Procedures
“Any motion for reconsideration of a discovery order must itself comply with the page limits in Section II.C.1., below.” · Policies and Procedures
“However, if the parties remain unable to resolve a dispute despite making a good faith effort, counsel for the aggrieved party shall file with Judge Wolson a motion in conformity with Local Civil Rule 26.1(b), with a form order and short brief, not to exceed five pages or 1,750 words (not including exhibits), describing the dispute.” · Policies and Procedures
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)
“Replies and sur-replies Counsel should file replies and sur-replies only when necessary.” · Policies and Procedures
“Such briefs must be concise and address only new issues raised by opposing counsel.” · Policies and Procedures
“Judge Wolson discourages any replies or sur-replies that repeat or rehash previous arguments.” · Policies and Procedures
“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.” · Policies and Procedures
“Parties may not make additional submissions, whether captioned as a brief, a letter, a notice, or anything else, other than to notify Judge Wolson of subsequent binding authority.” · Policies and Procedures
“Replies shall not exceed 10 pages or 3,500 words, and sur-replies shall not exceed seven pages or 2,450 words.” · Policies and Procedures
No local rule on this point (checked, as of 2026-10-24).
Nothing posted.
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 Wolson will schedule a telephone conference with counsel to discuss the motion before the filing of any responsive brief.” · Policies and Procedures
“In most cases, Judge Wolson expects to rule promptly on discovery motions and often decides such motions during the telephone conference.” · Policies and Procedures
No local rule on this point (checked, as of 2026-10-24).
“Counsel should contact Judge Wolson by phone for any issues that arise during depositions.” · Policies and Procedures
“Counsel should not walk out of a deposition before trying to contact Judge Wolson and obtain guidance.” · Policies and Procedures
No local rule on this point (checked, as of 2026-10-24).
“In filing a discovery motion, the certificate of counsel must provide specific details of the parties' efforts to resolve the dispute informally.” · Policies and Procedures
“These efforts must include verbal communications, whether by phone or in person.” · Policies and Procedures
“It is not sufficient to report that opposing counsel was not available or that the parties made "reasonable efforts."” · Policies and Procedures
“Judge Wolson will deny a discovery motion that does not meet these requirements.” · Policies and Procedures
No local rule on this point (checked, as of 2026-10-24).
Nothing posted.
No local rule on this point (checked, as of 2026-10-24).
“Judge Wolson will schedule a telephone conference with counsel to discuss the motion before the filing of any responsive brief.” · Policies and Procedures
The court may dispose of a motion without oral argument. (p. 18)
Local R. Civ. P. 7.1(f)
Nothing posted.
Any interested party may request oral argument on a motion. (p. 18)
Local R. Civ. P. 7.1(f)
Nothing posted.
No local rule on this point (checked, as of 2026-10-24).
Nothing posted.
No local rule on this point (checked, as of 2026-10-24).
“Judge Wolson requires lead trial counsel to attend the scheduling conference pursuant to Fed. R. Civ. P. 16 in person.” · Policies and Procedures
“Judge Wolson will then attempt to resolve the dispute at a premotion conference, likely by phone or videoconference.” · Policies and Procedures
No local rule on this point (checked, as of 2026-10-24).
“Judge Wolson encourages trial counsel to assign court presentations to less-experienced attorneys, particularly where the less-experienced attorney is more familiar with the matter at hand (e.g., discovery hearings).” · Policies and Procedures
“If necessary, Judge Wolson will permit two lawyers to make an argument to ensure that a more experienced counsel has an opportunity to buttress a younger lawyer's presentation, if the request is made in advance.” · Policies and Procedures
No local rule on this point (checked, as of 2026-10-24).
“If lead trial counsel is unable to attend, then Judge Wolson will reschedule the conference.” · Policies and Procedures
“However, any request to reschedule must be made as early as possible and must be based on a pre-existing commitment.” · Policies and Procedures
“Judge Wolson is reluctant to grant continuances of trial dates and other scheduled court events and will only do so in extreme circumstances.” · Policies and Procedures
“Requests for continuances or extensions may be made by letter, which can be emailed to Chambers.” · Policies and Procedures
“Any request for a continuance or extension must include the words "request for continuance" or "request for extension," as appropriate, in the subject line of the email.” · Policies and Procedures
“Judge Wolson expects counsel for the party requesting an extension to confer with opposing counsel and state opposing counsel's position in the letter.” · Policies and Procedures
“Any request for an extension or continuance must be made at least seven (7) days before the applicable deadline or include a showing of good cause as to why the party making the request could not comply with that requirement.” · Policies and Procedures
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 Wolson holds proceedings in Courtroom 12-B, which is generally equipped for electronic presentation of evidence.” · Policies and Procedures
“Parties expecting to employ courtroom technology are encouraged to contact the Courtroom Deputy reasonably in advance of trial and to conduct a trial run to minimize disruptions during the trial itself.” · Policies and Procedures
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)
Nothing posted.
No local rule on this point (checked, as of 2026-10-17).
“Briefs from co-plaintiffs or co-defendants When multiple plaintiffs or defendants appear in a case, they must file joint motions with their co-parties unless there are clear conflicts in their position.” · Policies and Procedures
No local rule on this point (checked, as of 2026-10-17).
Nothing posted.
No local rule on this point (checked, as of 2026-10-17).
Nothing posted.
No local rule on this point (checked, as of 2026-10-17).
Nothing posted.
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)
“Deadline to file motion for summary judgment:” · Joint Rule 26(f) Report
No local rule on this point (checked, as of 2026-10-17).
“• At least 28 days before the deadline to file a motion, the moving party must serve on all other parties (but not file) a statement of undisputed material facts in a numbered, paragraph-by-paragraph recitation that contains specific citations to exhibits or testimony supporting each factual assertion;” · Policies and Procedures
“At least 14 days before the deadline to file a motion, any responding party must serve on all other parties (but not file) a response to the statement of facts that includes the following: (a) the responding party's response to each factual assertion, which shall be directly under the original paragraph and must include citation to any evidence that the responding party contends creates a material factual dispute and/or any argument for why the evidence that the moving party has cited does not support the factual assertion or is not admissible; and (b) any additional facts that the responding party intends to submit as part of the summary judgment briefing” · Policies and Procedures
No local rule on this point (checked, as of 2026-10-17).
“Summary judgment motions A summary judgment motion must be accompanied by (a) a single, consolidated statement of facts that the parties will prepare jointly and that will be separately filed on the docket and (b) a joint set of all exhibits cited in the statement of facts.” · Policies and Procedures
“The result of this process will be a single, consolidated statement of facts that permits Judge Wolson to see each party's position on each factual assertion in one place.” · Policies and Procedures
“These procedures for a joint statement of facts do not apply to cases in which a party is a pro se prisoner.” · Policies and Procedures
No local rule on this point (checked, as of 2026-10-17).
Nothing posted.
No local rule on this point (checked, as of 2026-10-17).
“• At least 28 days before the deadline to file a motion, the moving party must serve on all other parties (but not file) a statement of undisputed material facts in a numbered, paragraph-by-paragraph recitation that contains specific citations to exhibits or testimony supporting each factual assertion;” · Policies and Procedures
“At least 14 days before the deadline to file a motion, any responding party must serve on all other parties (but not file) a response to the statement of facts that includes the following: (a) the responding party's response to each factual assertion, which shall be directly under the original paragraph and must include citation to any evidence that the responding party contends creates a material factual dispute and/or any argument for why the evidence that the moving party has cited does not support the factual assertion or is not admissible; and (b) any additional facts that the responding party intends to submit as part of the summary judgment briefing” · Policies and Procedures
“The moving party may then respond to any statements or arguments in the responding party's submission, directly under the relevant paragraph.” · Policies and Procedures
“For example, for paragraph 1 in the statement of facts, Judge Wolson will see the movant's factual assertion and supporting evidence, followed by the respondent's response, followed by the movant's reply, before moving to paragraph 2.” · Policies and Procedures
No local rule on this point (checked, as of 2026-10-17).
“At least 14 days before the deadline to file a motion, any responding party must serve on all other parties (but not file) a response to the statement of facts that includes the following: (a) the responding party's response to each factual assertion, which shall be directly under the original paragraph and must include citation to any evidence that the responding party contends creates a material factual dispute and/or any argument for why the evidence that the moving party has cited does not support the factual assertion or is not admissible; and (b) any additional facts that the responding party intends to submit as part of the summary judgment briefing” · Policies and Procedures
No local rule on this point (checked, as of 2026-10-17).
“When submitting exhibits via ECF, parties should submit each exhibit as a separate document on the CM/ECF system, rather than as a single file.” · Policies and Procedures
“If Judge Wolson receives a filing with a single document marked "Exhibits," he will strike the filing.” · Policies and Procedures
“In addition, when parties submit exhibits via ECF, they must give each document a name identifying the document.” · Policies and Procedures
“All exhibits must be text searchable.” · Policies and Procedures
“Summary judgment motions A summary judgment motion must be accompanied by (a) a single, consolidated statement of facts that the parties will prepare jointly and that will be separately filed on the docket and (b) a joint set of all exhibits cited in the statement of facts.” · Policies and Procedures
“The moving party must file the consolidated statement of facts and the joint set of exhibits with its motion.” · Policies and Procedures
“The joint set of exhibits must conform with Section I.C. of these Policies And Procedures.” · Policies and Procedures
“In the event that there will be cross-motions for summary judgment, each movant may file a separate statement of facts that follows the above procedure for each motion, but Judge Wolson requires the parties to prepare a single, consolidated set of exhibits.” · Policies and Procedures
No local rule on this point (checked, as of 2026-10-17).
“Parties should submit deposition testimony and other transcripts to Judge Wolson as full-sized pages, not miniscripts.” · Policies and Procedures
“In addition, parties submitting deposition transcripts should provide only a cover page identifying the witness and relevant pages from the transcripts.” · Policies and Procedures
“Parties should not submit the entire transcript unless the entire transcript is relevant to the issue.” · Policies and Procedures
“The joint set of exhibits must conform with Section I.C. of these Policies And Procedures.” · Policies and Procedures
No local rule on this point (checked, as of 2026-10-17).
Nothing posted.
No local rule on this point (checked, as of 2026-10-17).
“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.” · Policies and Procedures
“That is, the party may not simply include arguments about expert inadmissibility within the summary judgment briefing.” · Policies and Procedures
“The argument must be the subject of a separate motion.” · Policies and Procedures
No local rule on this point (checked, as of 2026-10-17).
“In the event that there will be cross-motions for summary judgment, each movant may file a separate statement of facts that follows the above procedure for each motion, but Judge Wolson requires the parties to prepare a single, consolidated set of exhibits.” · Policies and Procedures
No local rule on this point (checked, as of 2026-10-17).
“Judge Wolson does not permit summary judgment motions in bench trials without prior leave of court.” · Policies and Procedures
“A party that seeks leave to file a summary judgment motion in a bench trial must send Judge Wolson a letter no more than seven days after the close of discovery explaining the grounds on which the party seeks leave to move.” · Policies and Procedures
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)
“When submitting exhibits via ECF, parties should submit each exhibit as a separate document on the CM/ECF system, rather than as a single file.” · Policies and Procedures
“If Judge Wolson receives a filing with a single document marked "Exhibits," he will strike the filing.” · Policies and Procedures
“The moving party must file the consolidated statement of facts and the joint set of exhibits with its motion.” · Policies and Procedures
“The joint set of exhibits must conform with Section I.C. of these Policies And Procedures.” · Policies and Procedures
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
“Counsel seeking admission pro hac vice should use the form available on the Eastern District of Pennsylvania's website.1 Judge Wolson will deny pro hac vice motions for which no fee is submitted.” · Policies and Procedures
(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)
Nothing posted.
(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)
Nothing posted.
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
Nothing posted.
(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
“Counsel seeking admission pro hac vice should use the form available on the Eastern District of Pennsylvania's website.1 Judge Wolson will deny pro hac vice motions for which no fee is submitted.” · Policies and Procedures
No local rule on this point (checked, as of 2026-10-24).
Nothing posted.
________________ is DIRECTED to request ECF filing access using their PACER Account1. (p. 1)
Court form (proposed order)
“Any lawyer admitted pro hac vice must register for the Court's CM/ECF system within seven days of the Order.” · Policies and Procedures
“If a lawyer fails to register, Judge Wolson will sua sponte cancel the pro hac admission.” · Policies and Procedures
“Judge Wolson will not mail orders to lawyers admitted pro hac vice who do not register for CM/ECF.” · Policies and Procedures
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)
Nothing posted.
No local rule on this point (checked, as of 2026-10-24).
Nothing posted.
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)
“Counsel seeking admission pro hac vice should use the form available on the Eastern District of Pennsylvania's website.1 Judge Wolson will deny pro hac vice motions for which no fee is submitted.” · Policies and Procedures
“If a lawyer fails to register, Judge Wolson will sua sponte cancel the pro hac admission.” · Policies and Procedures
“Judge Wolson will not mail orders to lawyers admitted pro hac vice who do not register for CM/ECF.” · Policies and Procedures
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
Nothing posted.
No local rule on this point (checked, as of 2026-10-24).
Nothing posted.
(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)
Nothing posted.
Counsel should direct communications concerning administrative or procedural matters to a Courtroom Deputy or Chambers. Parties may submit letters (when appropriate) via email, but they must limit such communications to routine matters for which no opposition is anticipated or required. Responsive letters should only be submitted at Judge Wolson's request.
Silent on page limits for opposition briefs. E.D. Pa. L.R. 7.1 (silent) ↗
Silent on page limits for reply briefs. E.D. Pa. L.R. 7.1 (silent) ↗
Opening briefs in support of and in opposition to a motion shall not exceed 25 pages, unless counsel includes a certification that the brief contains no more than 8,750 words. Replies shall not exceed 10 pages or 3,500 words, and sur-replies shall not exceed seven pages or 2,450 words.
Replies shall not exceed 10 pages or 3,500 words, and sur-replies shall not exceed seven pages or 2,450 words. Judge Wolson must receive any request to exceed an applicable page limit at least seven days before the filing is due. 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.
Judge Wolson only requires courtesy copies in two circumstances: (1) for any filings made under seal; and (2) for any motions with more than five exhibits. Parties should submit courtesy copies electronically via email to WolsonCourtesyCopy@paed.uscourts.gov and use the case caption, title of the filing, and ECF number in the subject line.
Judge Wolson only requires courtesy copies in two circumstances: (1) for any filings made under seal; and (2) for any motions with more than five exhibits. Parties should submit courtesy copies electronically via email to WolsonCourtesyCopy@paed.uscourts.gov and use the case caption, title of the filing, and ECF number in the subject line. Each submission should use the e-filed version that has the CM/ECF system's header at the top of the page. Each document must either (a) be a separate file, with a file name that is consistent with the descriptive name that the document has on the CM/ECF system or (b) include a coversheet that identifies the corresponding entry on the CM/ECF system. Parties may not submit courtesy copies via Dropbox, FTP, or some other source that requires Judge Wolson to download files to the Court's system. Instead, files should be emailed, even if that requires multiple emails. Parties also should not submit paper courtesy copies.
(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) ↗
Contrary to Local Civil Rule 5.1.2(9), parties must email all stipulations and proposed orders to Chambers rather than filing them on the docket. Parties should submit stipulations and proposed Orders as Word documents.
Any party seeking to file material under seal must familiarize itself with the standard set forth in In re Avandia Mktg., Sales Pracs. & Prod. Liab. Litig., 924 F.3d 662 (3d Cir. 2019). A party that seeks to file material under seal must file a sealing motion when it files the material that it seeks to seal. Except in emergency situations, a party may not file a document under seal (or redact necessary and/or substantive information) without a contemporaneous motion to seal the specified information (or without a motion filed in advance that identifies specific information to be placed under seal). A party seeking leave to file material under seal must file its motion of record and provide Judge Wolson via email with courtesy copies of all documents that the party proposes to file under seal. In recognition of the common law right of public access, Judge Wolson requires parties to file a redacted version of any sealed document on the public record, unless the redactions would be so extensive as to render the document unreadable. When filing a redacted document, a party must submit to Chambers or file on CM/ECF an unredacted version that highlights any portion that the party proposes to redact. Judge Wolson expects parties to work together when filing motions to seal. That is, if a party seeks to file under seal material that an opponent has marked "confidential," the parties must work together to prepare the required information (such as affidavits or other material necessary to carry the burden of placing material under seal). If a party fails in this obligation, Judge Wolson will consider imposing the costs of additional proceedings (including responses or reconsideration motions necessary to supplement the record) on that party. For any motion or submission in which parties designate more than 10 individual references (that is, separate exhibits or different excerpts of single exhibits) for sealing, Judge Wolson will likely refer the sealing motion to a special master, and Judge Wolson will determine on a case-by-case basis how to split the special master's costs.
A summary judgment motion must be accompanied by (a) a single, consolidated statement of facts that the parties will prepare jointly and that will be separately filed on the docket and (b) a joint set of all exhibits cited in the statement of facts. Parties should prepare the statement of facts as follows: - At least 28 days before the deadline to file a motion, the moving party must serve on all other parties (but not file) a statement of undisputed material facts in a numbered, paragraph-by-paragraph recitation that contains specific citations to exhibits or testimony supporting each factual assertion; - At least 14 days before the deadline to file a motion, any responding party must serve on all other parties (but not file) a response to the statement of facts that includes the following: (a) the responding party's response to each factual assertion, which shall be directly under the original paragraph and must include citation to any evidence that the responding party contends creates a material factual dispute and/or any argument for why the evidence that the moving party has cited does not support the factual assertion or is not admissible; and (b) any additional facts that the responding party intends to submit as part of the summary judgment briefing; and - The moving party may then respond to any statements or arguments in the responding party's submission, directly under the relevant paragraph. 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. Source ↗