HONORABLE KATAYOUN M. COPELAND
United States Magistrate Judge
James A. Byrne U.S. Courthouse
Room 3042
601 Market Street
Philadelphia, PA 19106
267-299-7790
[email protected]
Courtroom Deputy:
Sheila McCurry
267-299-7791
POLICIES AND PROCEDURES
I. PRELIMINARY GENERAL MATTERS
A. Correspondence with the Court
Judge Copeland permits correspondence from counsel on any matter as long as all
other counsel in the matter are sent copies of such correspondence. Judge
Copeland sometimes permits letter motions in lieu of formal motions.
B. Communications with Courtroom Deputy and Law Clerks
Judge Copeland permits counsel to communicate with her courtroom deputy and
law clerks on scheduling and administrative matters, but never on the merits of a
case.
C. Confidentiality Agreements
Judge Copeland will approve confidentiality or sealing orders consistent with
applicable legal standards. See, In re Avandia Mktg., Sales Practices & Prods.
Liab. Litig., 924 F.3d 662 (3d Cir. 2019).
D. Telephone Conferences
Judge Copeland prefers telephone conferences to be utilized for matters such as
scheduling conferences, scheduling changes, extensions of time and routine
discovery disputes. It will be the responsibility of all counsel seeking relief to
initiate any such conference by contacting the Judge’s courtroom deputy, Sheila
McCurry.
E. Oral Arguments and Evidentiary Hearings
To the extent deemed necessary by Judge Copeland, oral arguments and
evidentiary hearings will be scheduled through the courtroom deputy. All
reasonable efforts will be made to accommodate the schedules of counsel.
F. Pro Hac Vice Admissions
Counsel must complete and submit an Attorney Admission Application (Pro Hac
Vice) before the date of the non-admitted attorney’s first appearance. The
requisite forms are available on the United States District Court Eastern District
of Pennsylvania website.
II. CIVIL CASES
A. Pretrial Procedure
Judge Copeland will schedule status conferences, settlement conferences, and
final pretrial conferences as required by the circumstance of each particular case.
Judge Copeland will work with counsel on the scheduling of either telephone
conferences or conferences in chambers to resolve any issues that may arise
during the progress of the case. Judge Copeland requires that counsel make all
good faith efforts to resolve any disputed matter between themselves before
seeking involvement of the Court. Counsel are expected to be mindful of the
mandate of Federal Rule of Civil Procedure 1 that the procedural rules “should be
construed, administered, and employed by the court and the parties to secure the
just, speedy, and inexpensive determination of every action and proceeding.”
B. Continuances and Extensions
Counsel will have substantial input in the setting of dates in the Rule 16 Order;
Judge Copeland expects counsel to comply with the dates set out in that Order.
Extensions will be entertained upon a good cause showing that circumstances
beyond the reasonable expectation of counsel have hampered the progress of the
case. Judge Copeland requires a letter brief requesting an extension.
C. General Motions Practice
Except as described below, motion practice is governed by Local Rule 7.1.
1. Citations
Every assertion of fact in a memorandum must be supported by a citation to the
record where that fact may be found. Both legal citations and citations to the
record must include pinpoint cites.
2. Memoranda
Memoranda must not exceed twenty-five (25) pages in length (excluding table of
contents and appendices), must be double spaced and must use 12-point font.
Memoranda over fifteen (15) pages in length must include a table of contents and
table of authorities.
D. Oral Arguments on Motions
Judge Copeland will schedule oral argument on motions if it appears likely to be
helpful to the Court’s resolution of the matter. Counsel may request oral argument
if considered appropriate.
E. Reply and Sur-Reply Briefs
Judge Copeland will permit reply briefs not to exceed fifteen (15) pages. Judge
Copeland will not normally permit sur-reply briefs and counsel desiring to file a
sur-reply must first seek permission of the Court by letter brief, before such a
brief will be accepted.
F. Chambers Copy of Motions Papers
Judge Copeland requires a courtesy copy of all motion papers to be sent directly
to chambers via email. If exhibits are over twenty (20) pages, a hard copy must be
sent to chambers.
G. Discovery Matters
1. Length of Discovery Period and Extensions
Judge Copeland normally permits from ninety (90) to one hundred and twenty
days (120) for the completion of discovery; however, she will consider the
informed view of counsel as to the time that will be required for discovery in a
particular case. Additional time will be allowed in complex cases or upon a
specific showing of need. Judge Copeland will also consider staged discovery.
She will encourage that the most essential discovery be undertaken early in the
case so that it will foster early settlement opportunities and minimize the costs of
litigation.
2. Discovery Disputes
Judge Copeland expects the parties to resolve discovery disputes without Court
intervention. Should counsel be unable, in good faith, to resolve their dispute,
Judge Copeland permits contact with the Court through her courtroom deputy to
set up telephone or chambers conferences to resolve outstanding issues. The use
of motion practice in discovery matters is discouraged.
3. Expert Witnesses
The parties will identify expert witnesses and provide expert reports pursuant to
the Rule 16 Scheduling Order entered in the particular case. A failure to do so
may bar the use of the expert’s testimony at trial.
H. Settlement (when jurisdiction remains with the District Court Judge)
1. Scheduling a Settlement Conference
When a case is referred for a settlement conference to Judge Copeland by a
district judge, counsel will receive an email from Judge Copeland’s Deputy,
Sheila McCurry, with Judge Copeland’s availability and instruction on how to
schedule a settlement conference. If you have any questions about scheduling a
settlement conference, email Sheila McCurry at:
[email protected].
2. Settlement Conference Memoranda
Judge Copeland requires counsel to submit a brief written conference summary
one week before the scheduled conference. In addition, the parties must provide
the Court with an updated demand and offer four (4) days before the scheduled
conference. The summary should not exceed five (5) pages, excluding
attachments. If attachments are over twenty (20) pages, a hard copy is to be sent
to Judge Copeland chambers by the date the summaries are due. Do not include
any documents that are already filed on the docket as exhibits. If you would like
Judge Copeland to take notice of these documents, reference them in your
summary. Judge Copeland requires that counsel exchange their summaries. The
summaries are not to be filed with the Clerk’s Office.
3. Demands and Offers
Judge Copeland requires the parties to engage in good faith settlement discussions
prior to the submission of the written conference summary. Upon submission of
the written conference summary and prior to the conference, the parties are
required to update their settlement positions and submit a joint letter setting forth
updated positions to Judge Copeland. This timeline will be set forth in Judge
Copeland’s settlement conference order.
4. Parties’ Attendance and Participation
Judge Copeland requires in-person attendance at the conference by the parties or
the parties’ representatives, with knowledge of the case and settlement authority.
If Judge Copeland determines that a virtual conference is appropriate, she will set
forth the type of conference on the settlement conference order and the same
requirements will apply. In exceptional circumstances, Judge Copeland will
permit a person to virtually participate in an in-person conference. Counsel
seeking relief must contact chambers as soon as they are aware of a problem with
attendance. Counsel and the parties must strictly adhere to this procedure.
At the conference, Judge Copeland will expect counsel to:
• Be prepared to discuss the weaknesses, as well as the strengths of their case.
• Prepare the client. Judge Copeland will speak to them directly.
• Organize and bring critical documents. Judge Copeland will want to see them.
• Attach relevant summary expert reports to the conference memos. Judge
Copeland will review them.
• Bring any photographs, sketches, diagrams, and charts. Judge Copeland will
review them.
• Be patient. Settlement is a process. It takes time.
• Be flexible. Avoid bottom lines or top numbers.
• Be creative.
• Manage their client’s expectations.
• Manage their own expectations.
5. Follow-up Contact
Judge Copeland will, if appropriate, continue to work with counsel after the
settlement conference if the matter is not resolved at the conference.
6. Continuances
Settlement conferences are scheduled by order of the Court and are not
discretionary. Counsel and participants should use all efforts to be available for
this conference. Due to the large number of cases scheduled for settlement
conferences, any need to reschedule the conference could cause a delay of that
conference for several weeks. For this reason, any continuance requests should be
made within fourteen (14) days of receipt of the notice scheduling the conference.
Continuance requests will only be granted for the most compelling reasons.
I. Consent Cases (when jurisdiction for all purposes has been assigned to Judge
Copeland)
1. Preliminary Telephone Conference
When the parties have agreed to consent to a magistrate judge for all future
proceedings and the matter is assigned to Judge Copeland, a Rule 16
teleconference with counsel will be held. If counsel has not previously filed a
joint Rule 16(f) report, one is required to be filed on the docket one week before
the Rule 16 conference. At the time of the telephone conference, counsel will be
expected to discuss deadlines, discovery issues, possible motions to be filed and
the status of settlement discussions (if any). In the interest of streamlining the
litigation, Judge Copeland will encourage counsel to participate in settlement
discussions as early as practicable and to stage discovery such as to facilitate
settlement and control costs.
2. Settlement Conferences in Jury Matters
Judge Copeland may, after discussion with counsel, conduct her own settlement
conferences utilizing the procedures above. If not appropriate and if a conference
is deemed worthwhile, Judge Copeland will obtain the assistance of another
magistrate judge to assist with settlement discussions.
3. Settlement Conferences in Non-Jury Matters
Judge Copeland will not take part in settlement discussions in a non-jury matter.
A settlement conference may, however, be arranged with another magistrate
judge.
4. Arbitration
a) General Approach to Arbitration Cases
Judge Copeland will automatically refer cases to arbitration when appropriate. If a
matter settles before the scheduled arbitration date or the parties need to continue
the arbitration, counsel is to notify Judge Copeland’s chambers immediately.
b) Scheduling Trial De Novo from Arbitration
Judge Copeland will schedule trial promptly when a demand for trial de novo is
filed following arbitration.
5. Pretrial Memoranda
Unless specifically provided for by a separate order, Judge Copeland will require
the use of the short form pretrial memorandum described in Rule 16.1(c) of the
Local Rules of Civil Procedure for the Eastern District of Pennsylvania. In certain
cases Judge Copeland may require counsel to stipulate to uncontested facts as
generally set out in Local Rule 16.1(d)(2)(b)(2)(A-E).
6. Trial Procedure
a) Scheduling of Cases
Judge Copeland’s cases will be specially listed for trial based upon the Court’s
calendar and the availability of counsel, the parties, experts and critical witnesses.
Judge Copeland will generally schedule jury selection the Friday before trial
starts.
b) Conflicts of Counsel
Given the manner of scheduling, conflicts will normally not occur. Should
counsel, however, have a professional or personal conflict which may affect the
trial schedule, notice should be provided immediately to opposing counsel and the
Court.
c) Parties or Witnesses
Judge Copeland will make all reasonable attempts to accommodate the schedules
and availability of parties, experts and critical witnesses. In the alternative, the
parties should be prepared to present testimony by videotape means so as not to
delay the trial schedule.
d) Note Taking by Jurors
Judge Copeland will consider note taking by jurors on a case-by-case basis.
e) Trial Briefs
Trial briefs are due in accordance with Judge Copeland’s pretrial scheduling
order.
f) Voir Dire
Judge Copeland will take the lead in asking questions during voir dire. If
circumstances arise that require additional questions from counsel, Judge
Copeland will conference with all counsel before permitting any additional
questions by counsel.
g) Sidebar
Judge Copeland discourages the use of sidebar conferences. Counsel are
encouraged to raise particular evidentiary issues before trial or during recesses or
adjournments.
h) In Limine Motions
Judge Copeland will accept in limine motions in advance of the final pretrial
conference and in accordance with her scheduling order so as to give her an
opportunity to consider the merits of the motion.
i) Examination of Witnesses Out of Sequence
Judge Copeland will permit witnesses to be taken out of turn in appropriate
circumstances.
j) Opening Statements and Closing Arguments
Judge Copeland will discuss with counsel the length of time necessary and
appropriate for opening and closing statements but will give counsel reasonable
latitude.
k) Examination of Witnesses or Argument by More than One Attorney
Judge Copeland will not normally permit more than one attorney for the party to
examine the same witness or more than one attorney to present argument on
behalf of the party on the same point.
l) Examination of Witnesses Beyond Re-Direct or Re-Cross
Judge Copeland will generally restrict counsel from examining witnesses beyond
re-direct and re-cross.
m) Videotaped Testimony
Judge Copeland requires counsel to review all videotaped depositions and to have
them edited such as to fairly present only the essential evidence of the witnesses
involved. Counsel are expected to resolve all matters pertaining to objections
before offering the video into evidence.
n) Reading of Material into the Record
Judge Copeland has no special practice with regard to reading stipulations,
pleadings or discovery materials into the record.
o) Preparation of Exhibits
Prior to commencement of trial, counsel are to meet and confer to prepare one set
of pre-marked trial exhibits for use at trial. The use of duplicate exhibits at trial is
discouraged as inefficient and confusing. Counsel should provide Judge Copeland
with two (2) exhibit binders that consist of a schedule of exhibits with a brief
description of each and copies of each exhibit. Counsel is encouraged, however,
to provide the Court with only the essential and relevant portions of bulky
exhibits, together with sufficient material to provide context for the relevant
portion of the exhibits. On the morning of trial, counsel shall provide the
ESR/court reporter with a copy of the joint exhibit list and a copy of the witness
lists.
p) Offering Exhibits into Evidence
Judge Copeland expects counsel to reach agreement in advance as to the
admission of exhibits. Judge Copeland has no particular procedure as to when an
exhibit may be formally offered into evidence but must be done before they are
published to the jury.
q) Motions for Judgment as a Matter of Law and Motions for
Judgment on Partial Findings
Motions for Judgment as a Matter of Law or Motions for Judgment on Partial
Findings in non-jury trials may be submitted in writing or orally. Judge Copeland
will ordinarily request oral argument on these motions.
r) Proposed Jury Instructions and Verdict Forms
Judge Copeland requires counsel to submit joint proposed jury instructions,
noting areas of agreement as well as objections. The points for charge should be
submitted with appropriate citations of legal authority and shall be provided to the
Court in accordance with the deadline set forth in the scheduling order. Judge
Copeland prefers use of the Third Circuit Model Jury Instructions whenever
possible.
Counsel must submit a jointly prepared verdict form or proposed special
interrogatories in accordance with the deadline set forth in the scheduling order. If
counsel are unable to agree, they may submit separate proposed forms of
interrogatories. Judge Copeland will encourage counsel to agree upon a less than
unanimous verdict.
s) Proposed Findings of Fact and Conclusions of Law
Judge Copeland requires counsel to submit proposed findings of fact and
conclusions of law in non-jury cases at the final pretrial conference or at such a
date as set forth in a scheduling order. A supplementation will be permitted at the
close of trial or, in an appropriate case, after trial.
t) Jury Deliberations
(1) Written Jury Instructions
Judge Copeland has no particular practice or policy on submitting a copy of
instructions to the jury.
(2) Exhibits in the Jury Room
Judge Copeland will consider what exhibits should be sent out to the jury during
their deliberations on a case-by-case basis.
(3) Handling of Jury Requests to Read Back Testimony or
Replay Tapes
Judge Copeland will seek the input of counsel and will then make a determination
on a case-by-case basis when requests are made to read back testimony or replay
tapes.
(4) Availability of Counsel During Jury Deliberations
Judge Copeland will not require counsel to remain in the courthouse during
deliberations but will require counsel to be available on short telephone notice.
Counsel must provide the courtroom deputy with their phone number.
(5) Taking the Verdict and Special Interrogatories
Judge Copeland has no usual practice with respect to taking a verdict. Judge
Copeland will submit written interrogatories to the jury in the appropriate case. A
copy of the interrogatories shall be given to the jury during their deliberations.
(6) Polling the Jury
Judge Copeland will, if requested, permit the jury to be polled.
(7) Interviewing the Jury
Judge Copeland will permit counsel to interview jurors, but only after the verdict
has been recorded, the jury has been discharged, and they have been told in clear
terms that they have no obligation to speak with counsel.
III. CRIMINAL CASES
A. Sentencing Memoranda
Sentencing memoranda are due to Judge Copeland one (1) week before the
scheduled sentencing.
B. Additional Matters
At all “criminal duty week” proceedings, whether appointed or retained, counsel
must be present to permit the proceeding to go forward. Once the Court has
ordered that a defendant be detained or has set conditions of release, any proposed
changes thereto must be submitted to the Court by written motion.
Judge Copeland does not favor the dual representation of defendants by a
single attorney at any criminal proceeding, apart, perhaps, from the initial
appearance.
Judge Copeland requires that all relevant documents be emailed to
[email protected] and
Sheila McCurry at
[email protected] in advance of court.
Counsel may contact Sheila McCurry (267-299-7791) if there are any questions
regarding the matters before the Court.
IV. GENERAL MATTERS
When a decision rendered by this Court is appealed, Judge Copeland prefers to
receive copies of appellate briefs.
Judge Copeland expects counsel to be prompt in all appearances, to be
professional and courteous to each other, both in the presence of the Court and
otherwise, and to have discussions with each other about any matter in dispute
before it is brought to the attention of the Court.
Counsel should feel free to contact Judge Copeland’s courtroom deputy if they
have any questions about her courtroom practices and procedures.
Last updated: July 14, 2026
