Judge Chad F. Kenney

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 (which should include a signature and date line so that Judge Kenney can indicate his approval prior to filing on the docket); (5) When the parties have remaining administrative or scheduling questions after

When a written communication concerning a case cannot timely address a last-minute development, counsel may initiate necessary telephone communications with Chambers.

Counsel should not seek to engage in advocacy during any administrative contact with Chambers staff. It is presumed that all counsel are aware of any communication made with Chambers and have been copied on any emails or other correspondence.

SHALL NOT rely upon or expect any member of chambers staff to copy, scan, print, file, or serve any attorney documents or submissions, before or after any court proceeding.

In all instances, the Court attempts to dispose of motions promptly. For decisions on class certification, summary judgment, motions to compel arbitration, and decisions regarding qualified immunity, counsel may send an email inquiry if the Court has not ruled on the motion within ninety days after full briefing (and argument if applicable). In all other instances, counsel may reach out and inquire after sixty days.

Judge Kenney considers depositions to be in-court proceedings and under the umbrella of “administration of justice” and expects that counsel shall treat all other counsel and witnesses with respect. If impertinent or demeaning conduct is demonstrated either by counsel or a witness during the deposition, Judge Kenney is available to address such misconduct and encourages counsel to contact Judge Kenney immediately and not to wait until after the deposition is completed.

In general, Judge Kenney expects counsel to bring matters to his attention only after such matters have been discussed with opposing counsel. When communicating with the Court, counsel shall be prepared to state the position of opposing counsel.

The Court insists on punctuality for all scheduled matters. Judge Kenney also expects mutual courtesy between counsel and the Court, both inside and outside of the courtroom.

During evidentiary and trial proceedings, counsel should rise to address the Court, as well as seek permission before approaching any adverse witness or the bench. Counsel will direct all comments to the Court or to the witness under examination, and not to other counsel or to the jury.

During trial proceedings, the parties should notify the Court of any issue that requires a ruling at the beginning of the day, or during a recess, outside of the jury’s presence.

As to objections, most objections are readily understood by the Court given a few words. If further explanation of any objection becomes necessary, please ask the Court to confer at sidebar. Sidebar conferences are expected, rather than argument on objections in the presence of the jury.