Judge Edward S. Kiel
Individual Rules, Standing Orders & Policies
Adjournments
Must Include
- 1Adversary Position
Communication
Phone
Chambers
Letter Ecf
Chambers
Detailed Drafting Rules
Parties are encouraged to contact Chambers directly
the parties are encouraged to contact Chambers directly.
Phone
Direct to: Chambers
- Advance Notice Requiredencouraged
Motions are decided on papers without appearances unless otherwise notified.
The purpose of a motion’s return date or “motion day” is to determine the briefing schedule for that motion, Unless otherwise notified by the Court, Judge Kiel decides all motions on the papers and no appearances are required on the motion day.
Letter via ECF
ANDA patent cases prohibit summary judgment motions except by waiver letter (3 pages) with 7-day response.
Judge Kiel does not permit the filing of summary judgment motions in ANDA patent cases. A party may, however, submit a letter to the Court, not to exceed three single-spaced pages, seeking a waiver of this rule if the party believes that a summary judgment motion would assist the Court in expeditiously resolving the case and would resolve more than mere tangential issues. The letter must set forth the basis for the proposed motion for summary judgment, with citations to relevant authority, and the issue(s) expected to be resolved by the motion. Within seven days after receipt of this letter, all adversaries must submit a written response, not to exceed three single-spaced pages. No party may submit a reply unless directed by the Court.
Pre-Motion Conference
A pre-motion conference is mandatory before filing. You must submit a letter first.
Letter Requirements
Exemptions
Preliminary settlement approval hearing required before final approval in class actions.
It is Judge Kiel’s practice to conduct a preliminary settlement approval hearing in advance of the final settlement approval hearing required by Rule 23(e). At the preliminary approval hearing the parties shall be prepared to address, in a reasonably comprehensive manner, all of the factors the Court will consider at the final approval hearing, including but not limited to the factors enumerated in Rule 23(e), Girsh v. Jepson, 521 F.2d 153, 157 (3d Cir. 1975), and In re Prudential Ins. Co. Am. Sales Practice Litig. Agent Actions, 148 F.3d 283, 323 (3d Cir. 1998).