District of Delaware Chambers Communication Rules

Parties must immediately advise chambers in writing of any circumstance that may necessitate adjournment or modification of the trial setting.

Source text: The parties shall also immediately advise chambers, in writing, of any occurrence or circumstance that the parties believe may necessitate the adjournment or other modification of the trial setting.

Counsel must contact chambers by phone or email to seek a hearing date when submitting letters in lieu of formal motion papers for discovery/administration matters.

Source text: contact chambers (by phone or email) to seek a hearing date on such a matter.

Counsel need only inform Chambers of CNO or COC filings if the subject matter is time sensitive, via email with an attached electronic copy; hard copies are required only if requested by Chambers.

Source text: Counsel does not need to inform chambers when a CNO or COC is filed unless the subject matter is time sensitive. If time sensitive, please email chambers with an electronic copy attached. Counsel will be informed if hard copies are needed.

Parties must contact Chambers to advise of unresolved discovery disputes unless a pretrial order provides otherwise.

Source text: Should counsel find that they are unable to resolve a discovery matter, the parties involved shall contact Chambers to advise of the dispute, unless a pretrial order provides otherwise.

Expedited hearing requests require filing a motion to shorten notice and emailing it to chambers.

Source text: To request an expedited hearing, counsel must file a motion to shorten notice in accordance with Local Rule 9006-1(e). Such a motion should be filed contemporaneously with the motion seeking the relief in question. In addition to being filed on the docket, the motion to shorten notice should also be e-mailed to chambers, copying opposing counsel.

Chambers must be contacted prior to scheduling, changing, or cancelling a hearing.

Source text: Please contact chambers prior to scheduling, changing or cancelling a hearing.

Counsel must contact chambers by phone or email to seek a hearing date when submitting a letter in lieu of formal motion papers.

Source text: contact chambers (by phone or email) to seek a hearing date on such a matter

Parties must immediately advise chambers in writing of any circumstance that may require adjournment or modification of the trial setting.

Source text: The parties shall also immediately advise chambers, in writing, of any occurrence or circumstance that the parties believe may necessitate the adjournment or other modification of the trial setting.

Parties must confer with chambers to obtain dates before filing a Certificate of Counsel or proposed Omnibus Hearing Date Order.

Source text: Please confer with chambers to obtain dates before filing a Certificate of Counsel and proposed Omnibus Hearing Date Order.

Joint Claim Construction Chart must be emailed to cfc_civil@ded.uscourts.gov simultaneously with filing.

Source text: The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to cfc_civil@ded.uscourts.gov.

Contact Case Manager to schedule in-person conference for discovery disputes.

Source text: Should counsel find that they are unable to resolve a dispute relating to a discovery matter or protective order, the parties shall contact the Court's Case Manager to schedule an in-person conference/argument.

Objections to evidence must be emailed to chambers by 6:00 a.m. on the trial day.

Source text: Delaware counsel, on behalf of the parties, shall notify the Court by email (gbw_civil@ded.uscourts.gov) by 6:00 a.m. of any objections to demonstratives, witnesses, deposition designations, or other evidence to be presented that trial day.

Parties must email revised proposed jury instructions and verdict sheet to chambers before the charge conference.

Source text: Prior to the charge conference, the parties shall file and email chambers (gbw_civil@ded.uscourts.gov) revised versions of their proposed final jury instructions and verdict sheet.

Parties must email glossary, witness list, and pronunciation guide to court reporter and chambers at least 3 business days before trial.

Source text: At least three (3) business days before the start of the jury trial, the parties shall email the court reporter and chambers a glossary of terms and names, a list of possible witnesses who may appear at trial, and a list of phonetic pronunciation of attorneys' and witnesses' names.

Interim status report required by joint letter on specified date

Source text: On , counsel shall submit a joint letter to the Court with an interim report of the matters in issue and the progress of discovery to date.

Parties must notify court by joint letter about testimony request and time allocation for claim construction hearing

Source text: The parties shall notify the Court, by joint letter submission, no later than the date on which their answering claim construction briefs are due: (i) whether they request leave to present testimony at the hearing; and (ii) the amount of time they are requesting be allocated to them for the hearing.

When amendment is by matter of course, counsel must email a PDF amended pleading to the judicial administrator at the specified address.

Source text: If by matter of course, counsel shall email a PDF version of the amended pleading to the Court’s judicial administrator, Diana Welham, at diana_welham@ded.uscourts.gov.

Local counsel must be involved in all calls to Chambers.

Source text: Local counsel shall be involved on all calls to Chambers.

Joint Claim Construction Chart must be emailed to rga_civil@ded.uscourts.gov simultaneously with filing.

Source text: The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to rga_civil@ded.uscourts.gov.

Scheduling order must be emailed in Word format to chambers simultaneously with filing.

Source text: order shall be e-mailed, in Word format, simultaneously with filing to rga_civil@ded.uscourts.gov.

Jury instruction documents must be submitted in Word format via email to rga_civil@ded.uscourts.gov simultaneously with filing.

Source text: The parties shall submit simultaneously with filing each of the foregoing four documents in Word format to rga_civil@ded.uscourts.gov.

Joint Claim Construction Chart must be emailed in Word format to chambers at Samantha_Miller@ded.uscourts.gov.

Source text: The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to Samantha_Miller@ded.uscourts.gov.

Telephonic Rule 16 status conference scheduled with specific coordination requirement

Source text: Status Conference. On ____________, 20__, the Court will hold a telephonic Rule 16 status conference with counsel beginning at ______ _.m. Plaintiff’s counsel shall coordinate the call to chambers.

In-person mediation conference scheduled with specific timing and location requirements.

Source text: An in-person mediation conference is scheduled for __day, ____ __, 2022 beginning at __:00 a.m. Eastern Time. All required participants (see ¶ 2) are to report at this time to Courtroom 2B and are to remain available until excused by the Court.

Counsel must notify Judge and law clerk by email if matter settles before mediation.

Source text: It is counsel’s responsibility to notify Judge Thynge by email, with a copy to the Judge’s law clerk, Daniel Taylor, should the matter settle prior to the mediation date.

Counsel must notify Judge and law clerk via joint email if mediation is cancelled.

Source text: Should the mediation be cancelled, counsel shall advise the Judge and her law clerk via joint email prior to ___day, ______ __, 2022.

ADR/mediation communications must not be e-filed or docketed; follow Magistrate Judge's designated procedures.

Source text: IT IS FURTHER ORDERED that any communications regarding the ADR/mediation process, including but not limited to the scheduling or rescheduling of teleconferences or mediation dates, are not to be e-filed or docketed. Such communications are to be made as designated or ordered by the Magistrate Judge. Mediation statements are not to be e-filed or docketed.

Counsel must notify Judge and law clerk by 5:00 p.m. if switching to video/virtual format.

Source text: Should counsel and their clients wish to proceed in a video/virtual format, counsel shall advise the Judge and her law clerk on or before ___day, ______ __, 2022 at 5:00 p.m. in a single, joint email.

Plaintiff responsible for arranging joint video conference link.

Source text: Plaintiff shall arrange for a video conference link for a joint discussion line for the Judge and all counsel to use during the mediation session.

Plaintiff must arrange separate video link for private Judge discussions.

Source text: Plaintiff shall also arrange for a separate video conference link for private discussions with the Judge throughout the mediation session.

Defendants must arrange separate video link for private Judge discussions.

Source text: Defendants shall arrange for a separate video conference link for private discussions with the Judge throughout the mediation session.

Plaintiff counsel must email video links to Judge and law clerk by 5:00 p.m.

Source text: Counsel for Plaintiff shall provide by email to the Judge, with a copy to her law clerk, Daniel Taylor, the Joint video conference link and Plaintiff’s video conference link no later than and no earlier than ___day, ______ __, 2022 at 5:00 p.m. Eastern Time.

Defense counsel must email video link to Judge and law clerk by 5:00 p.m.

Source text: Counsel for Defendants shall provide by email to the Judge, with a copy to her law clerk, Daniel Taylor, the defense video conference link no later than and no earlier than ___day, ______ __, 2022 at 5:00 p.m. Eastern Time.

Video conference emails must include links and joining instructions.

Source text: These emails shall include the links, along with instructions on how to join the video conference for each conference line.

ADR-related communications and mediation statements must not be e-filed or docketed; parties must communicate as designated by the Magistrate Judge.

Source text: IT IS FURTHER ORDERED that any communications regarding the ADR/mediation process, including but not limited to the scheduling or rescheduling of teleconferences or mediation dates, are not to be e-filed or docketed. Such communications are to be made as designated or ordered by the Magistrate Judge. Mediation statements are not to be e-filed or docketed.

PSI reports and sentencing memoranda must be emailed to chambers at the specified address.

Source text: 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.

Change of plea memoranda must be emailed to chambers at the specified address.

Source text: The change of plea memorandum shall be provided in Microsoft Word Format by email to Chambers_of_Judge_Kearney@paed.uscourts.gov.

Parties using electronic equipment at trial must submit a letter to chambers no later than one week before trial.

Source text: 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.

Counsel and parties may not communicate with law clerks or interns unless directed by Judge Kearney.

Source text: 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.

Pro se parties are prohibited from telephone communications unless approved by Judge Kearney with ESR present.

Source text: 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.

Unsolicited communications are prohibited unless pre-approved by Judge Kearney.

Source text: We will not accept unsolicited communications unless pre-approved by Judge Kearney.

Letter requests for rule- or order-mandated extensions of time are prohibited.

Source text: Judge Kearney will not accept letter requests for extensions of time set by the Federal or Local Rules or our scheduling Orders.

Joint Claim Construction Chart must be in Word format and emailed to gbw_civil@ded.uscourts.gov simultaneously with filing.

Source text: The Joint Claim Construction Chart, in Word format shall be e-mailed simultaneously with filing to gbw_civil@ded.uscourts.gov.

All phone calls to Chambers must include local counsel.

Source text: Local counsel shall be involved on all calls to Chambers.

Counsel must designate one person to send joint email for format changes.

Source text: Counsel shall determine who will be responsible for sending this joint email.

Counsel must discuss discovery issues before seeking court intervention

Source text: Counsel are expected to verbally discuss the issues/concerns before seeking the Court's intervention.

Counsel may not send copies of correspondence between themselves to Judge Kearney.

Source text: Counsel shall not send copies of correspondence among themselves to Judge Kearney.

Parties in subchapter V cases may email chambers (copying other counsel) to request a status conference.

Source text: such party may reach out by email to chambers (copying counsel for other parties in interest) to seek a status conference.

Do not contact the court to confirm Zoom registration or request the link.

Source text: An electronic invitation, with the relevant audio or video link, will be emailed to you no later than two hours prior to the hearing. Please do not contact the Court to confirm registration or request the link.

Chambers staff can provide toll-free number for telephonic appearance; contact at least one business day prior.

Source text: Persons without internet access may contact Chambers staff to request a toll-free number to appear telephonically at a hearing. Please contact Chambers staff at least one business day prior to the scheduled hearing.

Parties in subchapter V cases may email chambers (copying other counsel) to request a status conference, typically held via Zoom.

Source text: If a party in interest in a case under subchapter V of chapter 11 believes that a status conference with the Court would advance the orderly administration of the case, such party may reach out by email to chambers (copying counsel for other parties in interest) to seek a status conference. Such status conferences typically will be conducted by Zoom.

Parties may contact chambers in emergencies to request a promptly scheduled remote hearing for urgent discovery matters.

Source text: If the exigencies of the circumstances require the Court’s immediate attention in a discovery matter, the parties may contact chambers to seek a remote hearing to be set as promptly as practicable.

Counsel should promptly inform chambers and file a notice of settlement or trial adjournment when a matter is resolved.

Source text: If a matter settles or is otherwise resolved, counsel should promptly inform chambers and file a notice of settlement or notice of adjournment of trial in the adversary proceeding.

All trial correspondence must go through the GBW Civil email mailbox.

Source text: Any and all trial correspondence should be via Delaware counsel through the GBW Civil mailbox (gbw_civil@ded.uscourts.gov).

Parties must contact Steve Taronji via email or phone at least two days in advance to request a court reporter.

Source text: reporter, the Parties should reach out to the court at least two days in advance via email to Steve Taronji, Case Manager for Judge Choe-Groves, at steve_taronji@cit.uscourts.gov or by phone at (212) 264-1611.

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.

Source text: 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.

Telephone conferences are scheduled by Chambers, who will notify counsel of date and time.

Source text: Judge Kearney may hold telephone conferences. Chambers will notify counsel of the date and time for the telephone conference.

Telephone inquiries should be directed to Courtroom Deputy Ulrike Bower with a copy to Chambers email.

Source text: 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

Chambers contact email, phone number, and fax number are provided for official communications.

Source text: Chambers_of_Judge_Kearney@paed.uscourts.gov 267-299-7680 Fax: 267-299-5023

Parties must email Word (DOCX) versions of proposed voir dire, jury instructions, and special verdict forms to Chambers.

Source text: The parties should also email Word versions of each document to Chambers.