Judge Mark A. Kearney
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Filings (>35 pages)
Required
Filings
Required
Filings (Sealed Document)
Required
Filings (Exhibits)
Required
Filings (Admitted Exhibits)
Required
Filings (Presentence Investigation Report, Sentencing Memorandum)
Required
Adjournments
Must Include
- 1Reason For Request
- 2Affects Other Dates
- 3Adversary Position
Must Include
- 1Reason For Request
- 2Proposed Rescheduled Date
Communication
Chambers
Phone
Chambers
Chambers
Phone
Chambers
Letter Ecf
Chambers
Chambers
Detailed Drafting Rules
Chambers contact email, phone number, and fax number are provided for official communications.
Chambers_of_Judge_Kearney@paed.uscourts.gov 267-299-7680 Fax: 267-299-5023
Direct to: Chambers
Telephone inquiries should be directed to Courtroom Deputy Ulrike Bower with a copy to Chambers email.
telephone inquiries should be directed as appropriate to Courtroom Deputy Ulrike Bower at 267-299-7688 or Ulrike Bower@paed.uscourts.gov with a copy to Chambers_of_Judge_Kearney@paed.uscourts.gov
Phone
Direct to: Chambers
- Advance Notice Requiredas appropriate
Letter requests for rule- or order-mandated extensions of time are prohibited.
Judge Kearney will not accept letter requests for extensions of time set by the Federal or Local Rules or our scheduling Orders.
Direct to: Chambers
- DescriptionLetter requests for extensions of time set by Federal/Local Rules or scheduling orders are not accepted.
Counsel may not send copies of correspondence between themselves to Judge Kearney.
Counsel shall not send copies of correspondence among themselves to Judge Kearney.
Direct to: Chambers
- DescriptionCounsel prohibited from sending copies of correspondence between themselves to Judge Kearney.
Correspondence to Chambers is limited to two pages and allowed only in specific circumstances.
Correspondence, not to exceed two pages, may be emailed, faxed or mailed to Chambers copied to all counsel and unrepresented parties only in the following instances:
Unsolicited communications are prohibited unless pre-approved by Judge Kearney.
We will not accept unsolicited communications unless pre-approved by Judge Kearney.
Direct to: Chambers
- DescriptionUnsolicited communications prohibited unless pre-approved by Judge Kearney.
Telephone conferences are scheduled by Chambers, who will notify counsel of date and time.
Judge Kearney may hold telephone conferences. Chambers will notify counsel of the date and time for the telephone conference.
Phone
Direct to: Chambers
Pro se parties are prohibited from telephone communications unless approved by Judge Kearney with ESR present.
Telephone and fax communications by a pro se party are prohibited unless approved by Judge Kearney beforehand and an ESR/Court Reporter is present. Pro se parties may not appear for hearings by telephone unless permitted for good cause, such as incarcerated persons in civil cases.
Phone
Direct to: Chambers
- DescriptionPro se parties prohibited from phone communications unless approved by Judge Kearney with ESR/Court Reporter present.
- Status Inquiries
Counsel and parties may not communicate with law clerks or interns unless directed by Judge Kearney.
Counsel and parties are not permitted to communicate with the Judge’s law clerks or interns unless specifically directed by the Judge on a particular issue.
Direct to: Clerk
- DescriptionCommunication with law clerks or interns prohibited unless specifically directed by Judge Kearney.
Courtesy copies required for filings over 35 pages, with ECF notation, delivered to Clerk's Office.
Courtesy copies shall only be provided to Chambers for a filing over thirty-five pages and as required under these Policies (e.g. Rule 56 papers) or otherwise requested by Chambers. The courtesy copy shall be the ECF document with the ECF notation at the top of each page, unless otherwise ordered. All courtesy copies are to be delivered to the Clerk’s Office to the attention of Judge Kearney.
Courtesy Copies Required
Logistics
Short motions for discovery/scheduling disputes are limited to 3 pages or less, double-spaced, 12-point font.
Judge Kearney will promptly consider a short motion of three pages or less, double-spaced twelve-point font, with an attached proposed order seeking to enforce or excuse timely and full compliance with discovery and scheduling obligations under the Federal Rules, these Policies, and our Orders.
Short discovery/scheduling dispute motions must include an attached proposed order.
Judge Kearney will promptly consider a short motion of three pages or less, double-spaced twelve-point font, with an attached proposed order seeking to enforce or excuse timely and full compliance with discovery and scheduling obligations under the Federal Rules, these Policies, and our Orders.
Document Type
Discovery Motion
Motions are not required to be formatted in numbered paragraphs.
The motion does not need to be in a numbered paragraph format.
Discovery motions exceeding 3 pages may be up to 7 pages, double-spaced 12-point font, and must include a proposed order.
A discovery motion unable to be presented in three pages or less may be presented in a motion not exceeding seven pages, double-spaced twelve-point font, along with a proposed order.
Discovery motions must be accompanied by a proposed order.
A discovery motion unable to be presented in three pages or less may be presented in a motion not exceeding seven pages, double-spaced twelve-point font, along with a proposed order.
Document Type
Discovery Motion
Responses to discovery motions are limited to 7 pages, double-spaced 12-point font, and due within 3 days absent a court order.
Absent an Order, a response may be filed within three days, also limited to seven pages, double-spaced twelve-point font.
Responses to discovery motions are due within 3 days absent a court order.
Absent an Order, a response may be filed within three days, also limited to seven pages, double-spaced twelve-point font.
Pre-Motion Conference
Check specific requirements before filing.
Briefing Schedule
Opp: 3d • Reply: d
All Rule 56 appendix pages must be consecutively Bates stamped and referenced by Bates number in motions and briefs.
All pages of the appendix shall be consecutively “Bates stamped” and referenced in the motions and briefs by the Bates number assigned each page.
Motions are limited to 5 pages, double-spaced, 12-point font.
The motion is limited to five pages of double-spaced twelve-point font and is analogous to a Summary of Argument which also details the requested relief.
Support/opposition briefs limited to 20 pages; reply briefs limited to 10 pages, double-spaced 12pt.
Memoranda filed in support of, or in opposition to, a motion is limited to twenty pages of double-spaced twelve-point font. Reply briefs, without a proposed order, are permitted without our leave if filed and served within seven days of the date a non-moving party files its Opposition, may not exceed ten pages, and must be limited to issues newly raised in the Opposition.
Reply briefs do not require leave if filed within 7 days of opposition, no proposed order, limited to new issues.
Reply briefs, without a proposed order, are permitted without our leave if filed and served within seven days of the date a non-moving party files its Opposition, may not exceed ten pages, and must be limited to issues newly raised in the Opposition.
Pre-Motion Conference
Check specific requirements before filing.
Letter Requirements
Briefing Schedule
Opp: d • Reply: 7d
Memoranda in support or opposition to Rule 56 motions are limited to 25 pages, double-spaced, 12-point font.
Memoranda in support of, or opposing, a Rule 56 motion is limited to twenty-five pages, double-spaced, twelve-point font attached to the Motion.
For motions in limine, provide two copies of contested exhibits exceeding 10 pages via hand delivery contemporaneous with filing.
Counsel seeking to preclude admission of specific exhibits based on evidentiary objections shall provide Chambers two copies of the contested exhibits (by hand delivery to the Clerk of Court if exceeds ten pages or by email if less than ten pages) contemporaneous with moving in limine on the challenged exhibits.
Courtesy Copies Required
Logistics
Parties using electronic equipment at trial must submit a letter to chambers no later than one week before trial.
Any party planning to use such equipment must submit a letter to chambers, as early as possible, but no later than one week before trial.
Letter via ECF
Direct to: Chambers
- Advance Notice Requiredno later than one week before trial
Telephone conferences with Judge Kearney in criminal cases are only held if counsel requests or Judge Kearney deems appropriate; scheduling is handled by the Courtroom Deputy.
Judge Kearney does not generally hold telephone conferences with counsel in criminal cases, unless counsel specifically requests one or Judge Kearney finds a conference is appropriate. The Courtroom Deputy handles scheduling of criminal matters.
Phone
Direct to: Chambers
- DescriptionTelephone conferences only held if counsel requests or Judge Kearney deems appropriate; scheduling handled by Courtroom Deputy
Change of plea memoranda must be in Microsoft Word (DOCX) format.
The change of plea memorandum shall be provided in Microsoft Word Format by email to Chambers_of_Judge_Kearney@paed.uscourts.gov.
DOCX
Change of plea memoranda must be emailed to chambers at the specified address.
The change of plea memorandum shall be provided in Microsoft Word Format by email to Chambers_of_Judge_Kearney@paed.uscourts.gov.
Direct to: Chambers
PSI reports and sentencing memoranda must be emailed to chambers at the specified address.
Pre-Sentence Investigation Reports and Sentencing Memoranda shall also be promptly delivered to chambers in Microsoft Word Format by email to Chambers_of_Judge_Kearney@paed.uscourts.gov.
Direct to: Chambers