**Senior Judge John A. Gibney, Jr.** was appointed to the Eastern District of Virginia by President Barack Obama in 2010. He assumed senior status on November 1, 2021. Born in Coatesville, Pennsylvania, Judge Gibney received his undergraduate degree in English from the College of William & Mary and his law degree from the University of Virginia School of Law. After clerking for Justice Harry L. Carrico of the Supreme Court of Virginia, he spent decades in private practice in Richmond, Virginia at several law firms, most recently as a partner at Thompson McMullan P.C. since 2003. He was nominated by President Obama on April 14, 2010, confirmed by voice vote on December 16, 2010, and received his commission shortly thereafter. He received the 2023 American Inns of Court Professionalism Award for the Fourth Circuit. **Education** - University of Virginia School of Law, J.D., 1976 - College of William & Mary, B.A. (English), 1973 **Career** - Senior U.S. District Judge, Eastern District of Virginia (Richmond Division), senior status since November 1, 2021 - U.S. District Judge, Eastern District of Virginia, 2010–2021 - Partner, Thompson McMullan P.C. (Richmond), 2003–2010 - Private practice, various Richmond law firms, 1978–2003 - Law clerk, Justice Harry L. Carrico, Supreme Court of Virginia, 1976–1978
**Division:** Richmond **Courthouse:** Spottswood W. Robinson III and Robert R. Merhige, Jr., Federal Courthouse, 701 East Broad Street, Richmond, VA 23219
Judge Jr. John A. Gibney's rules set a pre-motion procedure for covered motions. Local Civil Rule 7(E) is suspended; motions are not deemed withdrawn for lack of a hearing request; hearings are scheduled only if necessary after briefs are reviewed.
Judge Jr. John A. Gibney's formatting rule includes letter paper and unfolded paper. Two paper copies on unfolded 8.5x11 paper of memorandum, HSD, and certificate of service must be submitted.
The rule requires explanation of reasons. The United States Attorney must file a motion explaining reasons to remove HSD status from Section 1(a) documents.
The rule requires caption. Documents must be submitted in a sealed envelope marked 'HIGHLY SENSITIVE DOCUMENT' with caption page and placeholder number affixed.
Parties may contact Judge Jr. John A. Gibney's clerk by phone only as allowed by the rule. The rule lists phone Alexandria: (703) 299-2100, Newport News: (757) 247-0784, Norfolk: (757) 222-7201, Richmond: (804) 916-2220. Questions about sealed document procedures should be directed to the Clerk's Office by phone.
The rule does not state that a motion to seal is required for the covered filing process. The Court may designate certain materials as HSD on its own initiative or on party motion.
No. Electronic filing is prohibited for the covered filings. Highly sensitive documents must be filed outside the Court's electronic filing system.
A fee is required for covered filings. Copy fees apply when requesting paper copies of sealed documents from the Clerk's Office.
The rule states that filing is treated as not specified. The HSD must be delivered to the Clerk's office as soon as practicable after the motion is filed.
The rule addresses service method, recipient, or timing requirements. HSD service: civil cases by Civil Rule 5(b)(2) except e-service; criminal cases by Criminal Rule 49(a)(3)(B) or (a)(4).
Local Civil Rule 7(E) is suspended; motions are not deemed withdrawn for lack of a hearing request; hearings are scheduled only if necessary after briefs are reviewed.
Highly sensitive documents must be filed outside the Court's electronic filing system.
The United States Attorney must file a motion explaining reasons to remove HSD status from Section 1(a) documents.
The Court may designate certain materials as HSD on its own initiative or on party motion.
HSD categories include Social Security records, immigration records, qui tam complaints, and commercial/proprietary information; filing requires a motion to seal with a placeholder on CM/ECF and delivery of the actual HSD to the Clerk's office.
The proposed HSD must not be filed electronically; a blank placeholder is attached to the motion instead.
Memorandum containing highly sensitive information may be delivered in printed form, not filed via CM/ECF.
The HSD must be delivered to the Clerk's office as soon as practicable after the motion is filed.
HSD service: civil cases by Civil Rule 5(b)(2) except e-service; criminal cases by Criminal Rule 49(a)(3)(B) or (a)(4).
Two paper copies on unfolded 8.5x11 paper of memorandum, HSD, and certificate of service must be submitted.
Documents must be submitted in a sealed envelope marked 'HIGHLY SENSITIVE DOCUMENT' with caption page and placeholder number affixed.
If HSD exceeds 50 pages, provide documents on a secure electronic device.
Clerk serves orders by mail and records service in an informational entry.
Motion to seal must explain why document is highly sensitive and include a certification of good faith belief.
Pro se party must submit two paper copies on unfolded 8.5x11 paper of motion, HSD, and certificate of service.
Pro se party must submit motion to seal, HSD, and certificate of service to Clerk's office.
Pro Se parties must submit HSDs to the Clerk's Office in a sealed envelope marked 'HIGHLY SENSITIVE DOCUMENT' with a redacted caption page and CM/ECF number; the proposed HSD must not be filed electronically.
Proposed HSDs must not be filed electronically.
Pro Se parties must include an explanation in their motion to seal of why the document is an HSD or should receive heightened protection.
The Court may order removal of HSDs from the electronic filing system upon motion; the Clerk will make an informational docket entry.
Motions to remove HSDs from the electronic filing system must explain why the document or case is highly sensitive.
Motions will not be deemed withdrawn for failing to request a hearing or file a formal waiver of hearing.
The Court schedules a hearing on a motion only if it determines one is necessary after reviewing the briefs.
Transportation Orders filed under seal must have 'UNDER SEAL' on the face sheet.
Transportation Orders for prisoner debriefings/interviews may be filed under seal with 'UNDER SEAL' on the face sheet.
Copies of Transportation Orders must be provided to the US Attorney's Office and counsel of record.
Transportation Orders remain under seal unless otherwise ordered by the court.
Parties must file a separate motion for oral argument with a memorandum specifying issues and explaining why filing is insufficient.
Motion for oral argument must be filed by the date the party files a motion for summary judgment.
For cases with summary judgment motions already filed, parties have 5 business days from entry of this order to file a motion for oral argument.