JUDGE CYNTHIA M. RUFE
POLICIES AND PROCEDURES
REVISED NOVEMBER 2024
The Honorable Cynthia M. Rufe
United States District Court for the Eastern District of Pennsylvania
James A. Byrne U.S. Courthouse 601 Market Street, Room 12614
Philadelphia, Pennsylvania 19106-1797
Telephone: (267) 299-7490
Facsimile: (267) 299-5077
Email:
[email protected]
Judge Rufe was born in Philadelphia, Pennsylvania. She received a B.A. from Adelphi
University in 1970, and a J.D. from the Law School of the State University of New York in
1977. Judge Rufe served as deputy in the Bucks County Public Defender’s Office and also
served as coordinator in the Juvenile Division from 1977 to 1982. From 1982 to 1993, Judge
Rufe was in private practice, during which time she served as a solicitor for the Bucks County
Children and Youth Services Agency from 1984 to 1988. Judge Rufe served as a judge on the
Bucks County Court of Common Pleas from 1994 to 2002. Judge Rufe was appointed to the
United States District Court for the Eastern District of Pennsylvania on May 3, 2002.
GENERAL INFORMATION
1. Communications with Judge Rufe’s Chambers
Judge Rufe permits communications with Chambers by telephone, email, or facsimile
regarding scheduling and other non-substantive matters. All other issues must be addressed by an
appropriate motion or other document filed on the docket. Under no circumstances may any
party or counsel communicate ex parte with any Chambers personnel concerning substantive
matters. Law clerks may not render advice to counsel and have no authority to grant
continuances or any other relief.
For civil scheduling and case management and general inquiries:
Kristen Pepin (Judicial Secretary/Civil Courtroom Deputy)
Telephone: (267) 299-7490 Facsimile: (267) 299-5077
Email:
[email protected]
For criminal scheduling and case management and inquiries about obtaining transcripts:
Erica Pratt (ESR/Criminal Courtroom Deputy)
Telephone: (267) 299-7499 Facsimile: (267) 299-7498
Email:
[email protected]
NOTE: All email correspondence must be directed only to these email addresses and not sent
directly to Judge Rufe.
2. Telephone Conferences
Counsel may request a telephone conference with Judge Rufe to resolve straightforward
discovery disputes and other issues, but complicated matters should be resolved by formal
motion and briefing. Counsel must exhaustively address all discovery disputes with opposing
counsel before requesting Judge Rufe’s assistance. Counsel should submit a letter by email or
facsimile to Chambers summarizing the reason for the requested telephone conference.
3. Stipulations
Any stipulations requiring Court approval or the Judge’s signature must be submitted by
email or facsimile to Chambers.
4. Electronic Case Filing
Judge Rufe requires all counseled parties to use Electronic Case Filing (“ECF”). ECF
provides greater efficiency and timeliness in the filing of pleadings, automatic e-mail notice of
case activity, as well as electronic storage of documents for remote access by the Court, the Bar,
and the litigants. Attorneys are urged to register as ECF Users in accordance with Rule 5.1.2 of
the Local Rules of Civil Procedure, referencing the Procedural Order on Electronic Case Filing.
Proposed orders should be attached to corresponding motions or memoranda of law. Transmittal
of pleadings, motions, or other filings to Chambers instead of by ECF is not permitted.
5. Standing Orders
Judge Rufe has no standing Orders.
CIVIL MATTERS
1. Rule 26 Conferences
Judge Rufe relies on good-faith compliance in all respects with Federal Rule of Civil
Procedure 26(f). The Rule 26(f) meeting shall take place as soon as possible and, in any event, at
least 14 days before the Rule 16 scheduling conference. Outstanding motions will not excuse the
parties from timely holding the meeting and submitting a Rule 26 plan. Compliance is
mandatory. The meeting should not be viewed as perfunctory, but rather as a meaningful and
substantive discussion to formulate the discovery plan required by the Rule. Parties who do not
comply will have no voice at the scheduling conference and may be subject to additional
sanctions.
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2. Rule 16 Scheduling Conferences
Judge Rufe will issue an Order for a Rule 16 scheduling conference to be held by telephone
(or, in the case of pro se parties, either on the record or by mail). The parties must file a Rule
26(f) report at least seven days before the Rule 16 conference. The report should include a
statement as to whether and when the parties will be prepared to discuss settlement.
Lead trial counsel must participate in the Rule 16 conference and must enter an appearance
before the conference unless Judge Rufe approves a substitution. All applications to appear pro
hac vice must be approved before the conference.
After the conference, Judge Rufe will issue a Scheduling Order to govern further
proceedings in the case. The Scheduling Order will usually include the requirements and
deadlines set forth in the Sample Scheduling Order attached hereto as the Appendix.
3. Protective Orders, Confidentiality Agreements, and Filings Under Seal
Judge Rufe will not enter a protective order on confidentiality in a civil case unless
statutorily required or for demonstrated good cause, but will enforce private confidentiality
agreements as a matter of contract law. See In re Avandia Mktg., Sales Practices & Prod. Liab.
Litig., 924 F.3d 662, 671-73 (3d Cir. 2019).
Any proposed protective order must include language to the following effect: “Protected
material may only be filed under seal pursuant to a court order authorizing the sealing of the
specific material at issue. If a party’s request to file material under seal is denied by the Court,
then the party may file the information in the public record unless otherwise instructed by the
Court. The Court retains the right to allow disclosure of any subject covered by this order or to
modify this order at any time in the interest of justice.”
Unless it is an emergency, documents may not be filed under seal in a civil case absent
leave. Before attempting to file documents under seal, parties should carefully consider whether
the purportedly confidential information could simply be omitted, redacted, or made available
upon request because it is of little or no relevance.
In the event of an emergency, the parties shall deliver by email or facsimile the documents
and explain why seal is necessary and the nature of the emergency.
A party seeking to file documents under seal should follow this procedure:
(i) Well ahead of any applicable deadline, move to file under seal, proposing sealed
material as narrowly as possible and articulating good cause consistent with
applicable precedent. The motion to file under seal should be filed on the public
docket by ECF. Any unredacted documents accompanying the motion should be
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contemporaneously emailed to chambers. The moving party should indicate the
consent of opposing counsel.
(ii) If the motion to file under seal is granted, file the complete, unredacted versions of the
documents under seal by ECF on the docket (observing appropriate deadlines).
Consistent with representations made when seeking leave to file under seal, and any
related order, counsel should highlight the non-public portions of sealed documents.
(iii) Within 30 days of the filing under seal (or as otherwise ordered), file thoughtfully and
narrowly redacted, public versions of the same documents on the docket. Documents
filed under seal should be filed appropriately using ECF.
4. Settlement
Upon reaching a settlement, counsel must notify Judge Rufe’s Chambers promptly and
request dismissal of the action pursuant to Local Rule of Civil Procedure 41.1 or some other
procedure that will effectively terminate the litigation.
Judge Rufe addresses the possibility of settlement at all stages in the proceedings. In
addition, consistent with Local Rule 53.3, Judge Rufe directs all parties to consider the use of an
alternative dispute resolution process at an appropriate stage in the litigation. Magistrate Judge
Carol Sandra Moore Wells is available to conduct settlement conferences in civil matters, and
Judge Rufe strongly encourages litigants to avail themselves of Judge Wells’s skillful assistance.
If for any reason counsel desires a continuance of a settlement conference listed before
Judge Wells, counsel must contact Judge Wells’s Chambers directly. If, however, the requested
continuance exceeds 14 days, counsel must receive Judge Rufe’s approval before contacting
Judge Wells’s chambers.
5. Requests for Extensions of Time
Where compelling circumstances so require, counsel may request an extension of a filing or
other deadline only if such request has no effect on other existing deadlines. If a request for an
extension is unopposed, counsel must so state and may submit the request by motion, letter, or
joint stipulation. Opposed requests must so state and be filed as a motion.
6. Motions Practice
In most cases, summary judgment motions filed pursuant to Federal Rule of Civil Procedure
56 will use the form and schedule outlined in Attachment B to the Sample Scheduling Order (the
Appendix hereto), which is known as the “alternative method.” When there are cross-motions for
summary judgment or in certain other cases, however, Judge Rufe will permit the parties to file
their Rule 56 Motions under the traditional method.
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Judge Rufe will notify the parties in the Scheduling Order whether they must file their Rule 56
Motions pursuant to the alternative method outlined in Attachment B to the Sample Scheduling
Order.
Under the alternative method, Motions for Summary Judgment under Rule 56 shall not
exceed five double-spaced pages. For the purposes of such a Motion only, Local Rule of Civil
Procedure 7.1(c) does not apply to require the submission of a memorandum of law in support of
the initial Motion. Rather, the Motion shall be made in outline form, identifying the issues which
form the basis of the party’s request for relief. The non-moving party’s Response memorandum
shall not exceed 25 double-spaced pages. Likewise, the moving party’s Reply memorandum
shall not exceed 25 double-spaced pages. Any Sur-Reply memoranda shall not exceed 10
double-spaced pages. The parties need not seek leave of Court to file the Reply and Sur-Reply.
Under the traditional method, a moving party’s Memorandum of Law in support of its
Motion for Summary Judgment shall not exceed 25 double-spaced pages. The Response shall not
exceed twenty-five double-spaced pages. Any Reply or Sur-Reply shall not exceed 10 pages, and
may be filed without leave of Court.
For all other motions, Judge Rufe follows the requirements of Local Rule of Civil Procedure
7.1. Memoranda in support of such motions and responses shall not exceed 15 double-spaced
pages. Reply and Sur-Reply memoranda may be filed without leave of Court and shall not
exceed 10 double-spaced pages.
Unless specifically requested to do so, counsel should not send paper courtesy copies.
Counsel may send courtesy copies by email, but it is not necessary.
Judge Rufe regularly decides motions on the papers, but will hear oral argument when she
determines that it will assist in the resolution of a motion.
7. Trial
Judge Rufe regularly sets matters for trial after resolving dispositive motions. In the event
that a dispositive motion does not terminate a case, Judge Rufe will order the parties to file a
status report informing the Court whether the case has settled within a period of time following
the Order for the report. In the event that a case has not settled, Judge Rufe will request jointly
proposed dates for trial. Judge Rufe will then schedule the trial and set associated deadlines,
including the pretrial conference. Pretrial conferences are typically scheduled shortly before the
trial date. Counsel should be prepared at the pretrial conference to discuss any motions in limine
and other pretrial matters and to discuss voir dire and other trial procedures.
For any civil litigation issues not addressed above, please consult the Local
Rules of Civil Procedure for the Eastern District of Pennsylvania at:
http://www.paed.uscourts.gov/documents/locrules/civil/cvrules.pdf
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CRIMINAL MATTERS
1. Motions Practice
All pretrial motions must be filed no later than thirty days in advance of the scheduled trial
date, and except in rare circumstances, will be heard on a date before the scheduled trial date. In
multi-defendant proceedings, all motions will be heard jointly. Defendants may not join in co-
defendants’ pretrial motions without leave of the Court. Counsel are advised to provide Judge
Rufe with supporting memoranda as soon as possible and no later than the date of the hearing.
Such supporting memoranda shall not exceed 25 double-spaced pages.
All post-trial motions must be filed in accordance with the Federal and Local Rules of
Criminal Procedure. Supporting memoranda for such motions and response memoranda shall not
exceed 25 double-spaced pages. Reply and Sur-Reply memoranda may be filed only with leave
of Court and shall not exceed 10 double-spaced pages.
2. Continuances of Trial
Any request for a continuance must be filed no later than 14 days in advance of the
scheduled trial date. Requests for a continuance must be filed as motions stating the reasons for
the request. Any such motion must be accompanied by a proposed form of Order which, if
approved by the Court, would grant the relief sought by the motion. The proposed form of Order
must be consistent with the requirements of the Speedy Trial Act, 18 U.S.C. § 3161(h)(7), and
include a proposed finding that explains in reasonable detail why the ends of justice served by
granting the requested continuance outweigh the best interest of the public and the defendant in a
speedy trial. Requests by letter are not permitted.
3. Pretrial Conferences
Judge Rufe will schedule a pretrial conference with counsel at least three days before the
scheduled trial date. The conference may be conducted by telephone in limited circumstances.
Any issues related to voir dire, motions in limine, jury instructions, and jury verdict forms will
be addressed at that time.
4. Voir Dire
Judge Rufe conducts extensive voir dire in criminal jury cases. Counsel are permitted to
address the venire with follow-up questions.
5. Sentencing
If the Court accepts a guilty plea or there is a conviction at trial, Judge Rufe will schedule a
speedy sentencing for a date selected at the time of the plea or verdict. Judge Rufe discourages
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continuance of sentencing, and sentencing will be continued for good cause only. Judge Rufe
will generally not consider any request for a continuance exceeding 90 days.
In the rare event of a 90-day continuance, if counsel for both the Government and the
defendant(s) believe that good cause exists for an additional continuance beyond the 90-day
period, counsel may jointly request in writing an additional continuance. Any such request must
state why good cause exists for an additional continuance. If Judge Rufe grants such a request,
counsel shall be required to submit in writing a joint status update every 30 days until judgment
of sentence is entered.
Sentencing motions and supporting memoranda must be filed at least 14 days before the
scheduled sentencing date, and any response thereto must be filed at least seven days before the
scheduled sentencing date.
Sentencing memoranda (exclusive of motions) must be filed no later than seven days before
the scheduled sentencing date, and any response thereto must be filed at least three days before
the scheduled sentencing date.
For any criminal litigation issues not addressed above, please consult the Local
Rules of Criminal Procedure for the Eastern District of Pennsylvania at:
http://www.paed.uscourts.gov/documents/locrules/criminal/crrules.pdf
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Appendix - Sample Scheduling Order
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Plaintiff,
v. CIVIL ACTION NO.
Defendant.
SCHEDULING ORDER
AND NOW, this day of 20 , after a telephone conference with counsel for the
parties, the Court hereby enters the following Scheduling Order to govern further proceedings in
this case:
1. [If appropriate] The parties may add or drop claims or parties within 60 days of
the entry of this order without leave of Court.
2. On or before [date], the parties, through counsel, shall jointly report to the Court,
in writing, as to whether they wish to have a settlement conference before a magistrate judge,
attempt mediation under Local Civil Rule 53.3 (a copy of which is attached hereto as Attachment
A), or pursue some other form of alternative dispute resolution, for assistance in resolving the
case and, if so, indicate by what date they will be prepared to commence such proceedings. This
joint report should be submitted to Chambers by fax (to (267) 299-5077) or email (to
(
[email protected]) and not filed of record.
3. Fact discovery shall be completed on or before [date].
4. Plaintiff’s expert reports, if any, shall be served on or before [same as above].
5. Defendant’s responsive reports, if any, shall be served on or before [30 days later].
6. All dispositive motions shall be filed on or before [30 days after above]. The
parties are directed to follow Judge Rufe’s Policies and Procedures for Summary Judgment, a
copy of which is appended hereto as Attachment B.
It is so ORDERED.
BY THE COURT:
CYNTHIA M. RUFE, J.
Attachment A
LOCAL RULE OF CIVIL PROCEDURE 53.3:
ALTERNATIVE DISPUTE RESOLUTION
1. Litigants in all civil actions, exempting only social security appeals, pro se prisoner civil
rights actions, and petitions for habeas corpus, shall be required to consider the use of an
alternative dispute resolution process (the “ADR process”) at an appropriate stage in the
litigation.
2. ADR processes may include mediation and settlement conferences and such other ADR
processes as the judge to whom the case is assigned (the “assigned judge”) may
designate.
3. All ADR processes subject to this Rule shall be confidential, and disclosure by any
person of confidential dispute resolution communications is prohibited unless
confidentiality has been waived by all participants in the ADR process, or disclosure is
ordered by the assigned judge for good cause shown.
4. Nothing in the Rule shall be construed to limit the assigned judge from (a) conducting
settlement conferences or referring a matter to a magistrate judge for a settlement
conference, or (b) ordering the litigants to participate in an ADR process, or (c)
approving or disapproving of an ADR process selected by the litigants.
5. The Alternative Dispute Resolution (“ADR”) Committee of the court shall administer,
oversee, and evaluate the court’s ADR program in accordance with the Alternative
Dispute Resolution Act of 1998. The Clerk of Court, or such other person as may be
designated from time to time by the Chief Judge, shall serve as the ADR coordinator.
Under the direction of the ADR committee, the coordinator shall administer a program
for recruitment, screening and training of attorneys to serve as neutrals.
6. The Rule is intended to be flexible so as to permit the court to adopt, from time to time,
guidelines and policies for the administration of the ADR program. The procedures
promulgated by the court for the implementation of the ADR program shall be
maintained on file in the office of the Clerk.
7. Nothing in the Rule shall be construed to amend or modify the provisions of Local Civil
Rule 53.2 (compulsory and voluntary arbitration with right of trial de novo). Local Civil
Rule 53.2.1 (compulsory mediation) is repealed by separate order.
Explanatory Note
The Rule is intended to implement the provisions of the Alternative Dispute Resolution Act
of 1998 and to demonstrate the long-standing commitment of the court and its bar to non-binding
alternative dispute resolution, without, however, limiting the authority and discretion of the
assigned judge. Certain civil actions are exempted from the Rule as cases not appropriate for
ADR process pursuant to the Alternative Dispute Resolution Act of 1998.
Effective July 1, 2003
Attachment B
JUDGE RUFE’S REQUIRED PROCEDURE ON SUMMARY
JUDGMENT FOR THOSE MOVING UNDER RULE 56
1. Initial Filing of Moving Party: A party moving under Rule 56 may move without
reference to supporting affidavits or other evidence and, in doing so, the party making the
motion shall:
(1) identify in outline form the issue(s) and/or sub-issue(s) as to which the Motion is
directed;
(2) affirm, on the basis prescribed in Rule 11, that there is no legally sufficient
evidentiary basis for the non-movant to prevail upon the issues so identified;
(3) provide a separate, concise Statement of Stipulated Material Facts, as described
below; and
(4) request judgment.
The initial filing by the moving party generally should not exceed five double-spaced,
type-written pages, excluding the Statement of Stipulated Material Facts.
No later than 14 days before the case dispositive motion deadline, the parties shall meet
and confer about the facts material to the case. The initial filing of the moving party must
include a concise Statement of Stipulated Material Facts, which sets forth, in numbered
paragraphs, the material facts that the parties agree are not in dispute. Only the facts that
bear on material issues shall be included.
2. Response of Non-Moving Party: The non-moving party shall file a Response within 21
days after the Motion for Summary Judgment is served. The Response shall be supported
with affidavits, depositions, documents or other evidence permitted by Rule 56.
Whereapplicable, references to such evidence must include specific citations to exhibit, page,
and line number. The Response may not exceed 25 pages.
3. Reply of Moving Party: The movant shall file a Reply. Such a Reply must be filed not
later than fourteen days after the Response from the non-moving party is served. The
Reply must specify the relevant exhibit, page, and line numbers when referring to the
record. The Reply may not exceed 25 pages.
4. Sur-Reply of Non-Moving Party (Optional): The non-moving party may, within seven
days after the Reply is received, file a Sur-reply. The Sur-reply must specify the relevant
exhibit, page, and line numbers when referring to the record. The Sur-reply may not
exceed 10 pages.
The purpose of this procedure is to encourage the parties in their dispositive motion to track the
natural order of trial where the plaintiff sets forth its cause and the defendant then responds.
