IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
IN RE: AMENDMENT TO LOCAL CIVIL RULE 40.1,
ASSIGNMENT OF COURT BUSINESS
ORDER
AND NOW, this 8th day of October, 2024, pursuant to 28 U.S.C. § 2071(e), 28
U.S.C. § 2077, and Federal Rule of Civil Procedure 83, the judges of this Court, having
determined that there is an immediate need to amend the Court’s local civil rule for the
assignment of cases in order to better align the operation of that rule with guidance set forth
by the Judicial Conference of the United States, and having approved a Resolution
amending Section I of Local Rule of Civil Procedure 40.1, Assignment of Court Business,
by adding a new civil case assignment category, Cases Seeking Systemic Relief, requiring
random assignment on a district-wide basis, it is hereby
ORDERED that Subsection I.a. is amended to add new case category “Cases
Seeking Systemic Relief” to the list of federal question case categories. “Cases Seeking
Systemic Relief” will be numbered as subsection xv and “All other federal question cases”
will be renumbered as subsection xvi.
As the amendment to Local Civil Rule 40.1 addresses a matter of internal court
governance to implement guidance from the Judicial Conference, and does not change the
conformance of the Local Rule with the Federal Rules of Civil Procedure, IT IS
FURTHER ORDERED that Local Civil Rule 40.1, Subsection I.a., is amended as set
forth above and is approved and adopted by the Court, effective September 9th, 2024, with
a period to follow of forty-five (45) days afforded for purposes of Notice to the Bar and
Public and Solicitation of Comment pursuant to 28 U.S.C. § 2071(e).
IT IS FURTHER ORDERED that the Clerk of Court transmit a copy of amended
Local Civil Rule 40.1 to the Director of the Administrative Office of the United States
Courts and the Judicial Council of the Third Circuit Court of Appeals, and make the
amended Rule available to the bar and public.
FOR THE COURT: s/Mitchell S. Goldberg
MITCHELL S. GOLDBERG,
Chief Judge
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
IN RE: AMENDMENT TO LOCAL CIVIL RULE 40.1,
ASSIGNMENT OF COURT BUSINESS
NOTICE
Pursuant to 28 U.S.C. § 2071(e), on September 9th, 2024, the judges of the United
States District Court for the Eastern District of Pennsylvania approved, for publication
and solicitation of comment, amendments to Local Civil Rule 40.1 of the Local Rules of
Civil Procedure, Assignment of Court Business.
As set forth below, the proposed amendment to Section 1 of Local Civil Rule 40.1
adds a new case category and renumbers the categories accordingly.
Rule 40.1 Assignment of Court Business
I. All civil litigation in this Court shall be divided into the following categories:
a. Federal Question Cases:
i. Indemnity contract, marine contract and all other contracts.
ii. FELA.
iii. Jones Act -- Personal Injury.
iv. Antitrust.
v. Wage and Hour Class Action/Collective Action
vi. Patent.
vii. Copyright/Trademark
viii. Employment
ix. Labor-Management Relations.
x. Civil Rights.
xi. Habeas Corpus.
xii. Securities Cases
xiii. Social Security Review Cases
xiv. Qui Tam cases
xv. Cases Seeking Systemic Relief
xvi. All other federal question cases.
Those wishing to comment on the proposed amendments may do so by submitting
their comments in writing to George Wylesol, Clerk of Court, United States Courthouse,
601 Market Street, Room 2609, Philadelphia, PA 19106, no later than Friday, October
25, 2024.
Copies of the amendments are available on the District Court’s website, which
may be accessed at http://www.paed.uscourts.gov.
FOR THE COURT: s/Mitchell S. Goldberg
MITCHELL S. GOLDBERG,
Chief Judge
