United States District Court
District of New Jersey
CHAMBERS OF MITCHELL H. COHEN BUILDING
EDWARD S. KIEL UNITED STATES COURTHOUSE
4TH & COOPER STREETS
UNITED STATES DISTRICT JUDGE
CAMDEN, NJ 08101
856-757-5057
RULES AND PREFERENCES
The following shall apply to civil matters assigned to District Judge
Edward S. Kiel. Failure to comply with the terms of the following rules and
procedures may result in sanctions pursuant to Federal Rule of Civil
Procedure (“Rule”) 16(f) and Rule 37.
1. Communications with the Court. All communications to
the Court shall be by CM/ECF or by telephone. Absent permission from
Chambers or as otherwise provided herein, the Court will not accept or
consider communications by fax, mail, or email. Judge Kiel permits
communications with his law clerks only as to questions regarding Chambers’
procedures and not as to any substantive matters.
2. Adjournment Requests. Conferences and hearings,
whether telephonic or in-person, are normally scheduled with ample notice to
the parties. Accordingly, adjournment requests must be made no later than
five business days before the scheduled conference or hearing and shall
indicate whether all parties consent.
3. Copies. Two copies of all filed papers exceeding 40 pages per
individual document shall be provided to Chambers by mail. Exhibits to any
papers should be separated with corresponding exhibit tabs.
4. Electronic Submissions. All parties, with the exception of
pro se parties, shall electronically file all documents. All filed papers shall be
in a text-searchable PDF format as required by Local Civil Rule 5.21(h).
Parties are directed to ensure that all supporting documents to a filing are
docketed as attachments to the primary document. For example, a notice of
motion filed at ECF No. 10, should have the supporting brief filed at ECF No.
10-1 and any further supporting documents at 10-2, 10-3, et. cetera.
5. Pro se Filings. All filings by pro se parties shall be mailed or
filed directly with the Clerk’s Office. Documents mailed to the courthouse
must be addressed to the Clerk’s Office, NOT Judge Kiel. Pro se parties are
directed to the Procedural Guide for Pro Se Litigants found at:
http://www.njd.uscourts.gov/sites/njd/files/ProSePacket_1.pdf.
6. Motion Practice.
Pre-Motion Procedure. In an effort to resolve cases
expeditiously, a party must submit a pre-motion letter, not to exceed three
single-spaced pages, requesting leave to file the following motions: (i) motion
to dismiss; (ii) motion for a more definite statement; (iii) motion to remand; (iv)
motion for change of venue; (v) motion for judgment on the pleadings; and (vi)
motion to compel arbitration. The letter must set forth the basis for the
anticipated motion and include citations to relevant authority. 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. Affidavits and exhibits are not permitted unless
directed by the Court. A proffer by the attorney, however, of the contents of
any such affidavit(s) and/or exhibit(s) shall suffice.
Failure to file a pre-motion letter may result in the motion
being administratively terminated.
A party’s submission of a pre-motion letter will toll that party’s
time to file its motion (or answer) through the date of the Court’s decision as
to whether leave will be granted. The Court reserves the right to hold a
conference to determine whether leave will be granted.
This procedure does not apply to cases in which the pre-answer
motions listed above are filed solely by or against pro se litigant(s) only, or in
bankruptcy or social security appeals.
Motions for Summary Judgment. Parties may not file an
early motion for summary judgment (i.e., prior to the close of fact discovery)
without leave from either Judge Kiel or the Magistrate Judge. When seeking
leave from Judge Kiel, the moving party must first submit a letter, no longer
than three pages, summarizing the party’s substantive argument. Within
seven days of the moving party’s letter, the party opposing the motion must
submit a letter, no longer than three pages, summarizing the party’s
substantive argument in opposition.
Parties may not incorporate by reference, in their briefs, their
numbered statements of material facts (L.Civ.R. 56.1(a)) or responses thereto
as a substitute for a statement of facts. In other words, briefs submitted as to
motions for summary judgment must include a detailed statement of facts.
Motions to Seal. Motions to seal documents related to a
dispositive issue are to be set before Judge Kiel. A motion to seal must comply
with Local Civil Rule 5.3(c) and must include a proposed order and proposed
findings of fact and conclusions of law. The proposed order must include
reference to the docket entries the party seeks to seal. Counsel shall make
every effort to secure the consent of all parties regarding the motion to seal,
and the movant shall certify in support of the motion whether all parties
consent.
Extensions of Time to a Deadline. Extension requests
shall be made by letter application, which shall indicate whether all parties
consent.
Motion Day. 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.
7. RICO Cases. In all matters in which the complaint contains
a RICO claim, pursuant to 18 U.S.C. §§ 1961—1968, plaintiff(s) must file a
RICO Case Statement within 30 days of filing the complaint, in accordance
with Appendix O of the Local Civil Rules & Appendices found at:
https://www.njd.uscourts.gov/local-rules-and-appendices.
8. Patent Cases. 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.
9. Class Action Cases. 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).
