Judge Mark A. Kearney

No telephone communications from pro se parties

No communication with law clerks or interns

We are governed by Fed. R. Civ. P. 7(b) and Fed. R. Crim. P. 47(a). Other than as listed below or otherwise directed by Judge Kearney, a request for direction must be made through a pleading, motion, application, or similar filing with service upon all parties. Requests for extension of time to respond to a pleading or motion or a request for the extension of the dates in a scheduling order must be made by motion or stipulation demonstrating good cause which can be reviewed and ruled upon. Judge Kearney will not accept letter requests for extensions of time set by the Federal or Local Rules or our scheduling Orders.

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: 1. Counsel are specifically requested by the Court to communicate information by letter; 2. An uncontested request for an extension of sentencing; 3. A scheduling request based on an unanticipated and irreversible personal matter concerning counsel, a party or counsel's immediate family not warranting public access; or, 4. A case, or portions of a case, settled.

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

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.

Courtesy copies of ECF filings shall be provided only as directed. 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.

We may allow telephonic or video conferences for matters not involving pro se parties who are not in custody. We require conferences involving pro se parties not in custody to be held in the Courtroom unless excused based on extraordinary grounds such as a courthouse closure.

Participants in telephonic or video conferences and their agents may not record or otherwise create an artificial intelligence summary of off-the-record proceedings consistent with our practices in the Courtroom and the Court’s published Protocols for Remote Proceedings (https://www.paed.uscourts.gov/sites/paed/file/documents/Protocols%20for%20Remote%20Pro ceedings.pdf).

We require all scheduling conferences and hearings with pro se parties not in custody to be held in the Courtroom unless excused by Judge Kearney for extraordinary reasons based on Judge Kearney’s schedule

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 and Local Rule 26.1(g), these Policies, and our Orders.

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.

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 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.

Upon showing good cause based on a need for the transcript to brief the post-trial issues, Judge Kearney may allow the movant to file the memorandum not exceeding twenty-five pages in support of post-trial relief within thirty days of the receipt of the transcript.

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.

Memoranda in support of, or opposing, a Rule 56 motion is limited to twenty-five pages of text, double-spaced, twelve-point font attached to the Motion with a Table of Contents (not included in the maximum twenty-five pages) if the party raises more than two arguments.

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.

Counsel must confer privately to resolve any unanticipated evidentiary issues which may arise during trial. If unsuccessful in resolving the issues, counsel should only bring a matter to the Courtroom Deputy’s attention at the beginning of the day or during an appropriate break when the jury is not present.

All evidentiary conferences in the courtroom are on the record.

The United States must submit a guilty plea memorandum at least two days prior to the change of plea hearing... The change of plea memorandum shall be provided in Microsoft Word Format by email to Chambers_of_Judge_Kearney@paed.uscourts.gov.

If an agreement has been reached to request Judge Kearney set an expedited sentencing, the United States must notify Chambers and the probation office at least two days prior to the change of plea hearing.

Counsel shall provide all character letters by email at least three days before sentencing to Chambers_of_Judge_Kearney@paed.uscourts.gov.

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.