Judge Weilheimer’s Guidelines
TABLE OF CONTENTS
I. General Principles
II. Communication with Chambers
III. Meet and Confer Certification
IV. Rule 16 Conference
V. Requests for Extensions
VI. Discovery Matters
VII. Confidentiality Agreements
VIII. Filing Under Seal and Redactions
IX. Courtesy Copy
X. Motions Practice
A. Documents Length/Formatting
B. Exhibits
C. Reply Briefs
D. Oral Argument
E. Motions for Summary Judgment
1. Joint Statement of Undisputed Facts
2. Time to Respond
XI. Procedural for Removal
XII. Settlement Conferences
XIII. Pretrial Conferences
XIV. Motions in Limine
XV. Trial
A. Exhibits
B. Courtroom Presentation
C. Objections
D. Use of Exhibits During Opening Statements
E. Objections in Video Trial Depositions
F. Examination of Witnesses
G. Cumulative Evidence
H. Courtroom Technology
I. Order of Proof
J. Note Taking by Jurors
XVI. Professional Development for Newer Attorneys
XVII. Counsel Pro Hac Vice
I. General Principles
Judge Weilheimer is committed to the efficient and fair resolution of
cases; to accomplish this she expects all counsel to be civil, honest and
responsive to each other and to Chambers. Counsel are expected to have
substantive communications regarding disputes prior to requesting
Court intervention. Communication is defined as substantive verbal
communication, not just emails or letters.
Zealous advocacy is expected and encouraged, as is courtesy and
professionalism. Arguing in Court should not prevent congeniality
outside of the arena.
II. Communication with Chambers
Counsel are welcome to contact Chambers via phone or email with any
procedural questions or where communication will assist in facilitating
the progress of a case. All communication regarding substantive issues
must be docketed. Counsel may contact Chambers to provide notification
of a substantive filing that needs prompt attention from the Court.
Chambers email:
[email protected]
Chambers phone: 267-299-7760
Chambers address: 7614 United States Courthouse
601 Market Street
Philadelphia, PA 19106
Judge Weilheimer’s staff cannot give legal advice. Ex parte advocacy on
any substantive issue is prohibited.
Counsel are expected to respond with reasonable promptness to
communication from Chambers and should be courteous in their
interaction. Any discourtesy to Chambers staff will be viewed as a
disrespect for the Court.
III. Meet and Confer Certification
Prior to filing discovery motions, 12(b) motions, or other dispositive
motions, counsel contemplating the filing of these motions shall contact
opposing counsel to discuss the substance of the anticipated motion and
to provide an opportunity to cure any alleged deficiencies or to try to
resolve the conflict prior to the filing of the Motion. This communication
must occur at least five days prior to the filing of the Motion.
“Communication” means substantive verbal communication.
Should the parties be unable to resolve the dispute, the filing party shall
file a Certification indicating that they have communicated with the non-
filing party or parties in an attempt to resolve the dispute and the date(s)
of discussion(s), the length of the discussion, as well as a brief (no more
than one sentence each) description of the issues which were discussed.
Failure to communicate by the filing party may result in the motion being
denied. Failure to respond within a reasonable timeframe to attempts to
communicate from the filing party may result in sanctions for the non-
responding party. See sample meet and confer form here.
If during the meet and confer described herein, a party is alerted to a
deficiency in their complaint by opposing counsel, the filing party is
permitted to submit an amended complaint which rectifies all, or some,
of the issues addressed at the meeting. The party filing the amended
complaint should attach to the amended complaint a certification that
such amendment was the result of compliance with this protocol. If such
certification is attached, the amended complaint will be deemed filed
with leave of Court under Fed. R. Civ. P. 15(a)(2), and therefore not
exhaust the party’s amendment as of right under Fed. R. Civ. P. 15(a)(1).
If meeting and conferring results in the intention to file an amended
pleading, the party who intends to file an amended pleading should let
the Court know of that intention by way of a letter placed on the docket,
which will serve to ensure the Court not enter default against the party
who otherwise would have an obligation to respond to the initial
pleading.
IV. Rule 16 Conference
A Rule 16 Pretrial Conference will be held as soon as possible after all
defendants have docketed an Answer to the Complaint. If the Court has
not scheduled a Rule 16 conference within a reasonable time after the
filing of the Answer, counsel should contact Chambers to request a
conference. Lead trial counsel must appear for this conference. If lead
counsel is on trial, substitute counsel with deep knowledge of the case
may attend. This conference is not limited to scheduling. Counsel
should be prepared to address the substance, settlement, and scheduling
of this case.
Five days in advance of the Rule 16 Conference, the parties shall jointly
submit a Rule 26(f) report. Judge Weilheimer’s required format is
available here. Patent cases have a separate 26(f) format which can be
found here.
At the conclusion of the Rule 16 Conference, a Case Management Order
will be issued with dates provided through the responses to dispositive
motions.
This Court expects discovery to commence immediately upon the
issuance of the Order scheduling the Rule 16 Conference—not from the
date of the Conference itself. Accordingly, by the time of most Rule 16
Conferences, fact discovery should already be well underway. If the
Parties feel that settlement talks would be most productive before
discovery commences, the Parties should inform the Court of that
immediately upon the scheduling of the Rule 16 Conference so early
settlement talks can be facilitated while still leaving adequate time for
discovery if such talks do not resolve the case. Parties who have a
discovery dispute before their Rule 16 Conference should follow the
procedures listed infra for such disagreements.
A Pretrial Conference will be scheduled either at the time of the Rule 16
Conference if dispositive motions are not anticipated or if necessary after
a ruling on dispositive motions. At the Pretrial Conference a date certain
trial date and associated deadlines will be provided.
V. Requests for Extensions
Subject to the limited exceptions below, requests for extensions,
including joint and uncontested requests, must be submitted to this
Court by filing a motion on the docket. Even with the agreement of all
parties, good cause must be shown for the Court to consider a request to
extend any deadlines provided in the Scheduling Order. Requests for
extension should be made as far in advance as possible. Requests made
on the date of the deadline will typically be denied, absent good cause
that arose on the day of the deadline.
The parties may jointly stipulate to extend the time to Answer or make
a motion with respect to an initial Complaint by no more than 30 days.
Such joint stipulation should be filed on the docket with a signature line
provided for the judge. The parties may also jointly agree to extend
discovery deadlines provided such agreement does not alter the
dispositive motion deadline. This type of agreement need not be filed
with the Court.
VI. Discovery matters
Parties are expected to begin discovery promptly after the issuance of the
Order scheduling the Rule 16 Conference. The time for discovery will be
calculated from the date the Rule 16 Scheduling Order is issued, NOT
the date of the Rule 16 conference.
If e-discovery is an issue and counsel are unable to reach an agreement,
a default e-discovery order will be entered, located here.
Counsel are expected to work cooperatively and civilly to address
discovery disputes. See supra. The parties are expected to meet and
confer prior to requesting Court intervention. Should the parties be
unable to resolve a discovery dispute in good faith, they may request the
assistance of the Court.
For straightforward disputes, the parties may request a virtual
conference via letter or email to Chambers. This correspondence should
summarize the reason for the requested conference. A motion should be
filed for any discovery dispute for which Judge Weilheimer needs to
review extensive materials or for which the conflict cannot be addressed
in a brief conference.
Responses to discovery motions are due seven days after the
filing of the Motion.
If a dispute arises during a deposition, counsel are invited to call
Chambers in the event that the Judge is available to supply an
immediate ruling. If Judge Weilheimer is not immediately available, the
parties should note the objection, have the question answered, and the
Judge will issue a ruling prior to trial. If the objecting party refuses to
have a witness answer the “objectionable” question and the Court
determines that witness shall be re-deposed on that issue, the costs of the
re-deposition will be borne entirely by the objecting party.
VII. Confidentiality Agreements
Judge Weilheimer will consider entry of a stipulated confidentiality or
sealing orders if the parties demonstrate that “good cause” exists
pursuant to Fed. R. Civ. P. 26(c)(1)(G). See Pansy v. Borough of
Stroudsburg, 23 F.3d 772, 786 (3d. Cir. 1994). All such orders must
contain the following language: “The Court retains the right to allow
disclosure of any subject covered by this stipulation or to modify this
stipulation at any time in the interest of justice.”
VIII. Filing Under Seal and Redactions
Where a confidentiality order which covers the duration of litigation has
already been entered by the Court, filings which include information
subject to that confidentiality order may be filed under seal without the
filing of a separate motion to seal. If no such confidentiality order has
been entered, any filing placed under seal must be accompanied by a
contemporaneous motion to seal.
Within seven days of the docketing of anything filed under seal (or, in the
case of a motion, within seven days of the close of briefing on a given
motion), a filing party of any sealed submission shall publicly file a
redacted version of the filing(s). All parties to the litigation should
collaborate and, if possible, agree upon the redactions. If there is dispute
as to whether a specific portion of a filing should be redacted, the filing
party should redact the disputed portion. Any party, including a party
which has filed a redacted version with redactions demanded by their
opposition, may move to strike a redaction. Third parties may file
motions to unseal consistent with their general right to access judicial
proceedings, and the parties before the Court will be given the
opportunity to respond.
IX. Courtesy Copy
When the total number of pages in the exhibits/attachments to any filing
exceeds 20 pages, within 48 hours of the docketing of the filing, one hard
copy of the exhibits is to be provided to Chambers. If the provided
attachments are for more than two exhibits, the documents should be
placed in a binder, tabbed with a table of contents that corresponds to the
related pleading.
In the case of a Joint Statement of Undisputed Facts (see infra), the
moving party should provide the courtesy copy, if any. In the case of cross
motions for summary judgment, the parties should agree on who will
provide the courtesy copy (or in the absence of agreement, the Plaintiff
shall do so).
X. Motions Practice
All litigants should familiarize themselves with the Court’s meet and
confer requirements (listed above).
A. Document Length/Formatting
The persuasiveness of a brief is related to the quality of its content, not
its length.
With the exceptions of motions in limine, briefs and memoranda filed in
support of or in opposition to a motion are limited to 25 pages in length.
If a party sincerely believes that more than the maximum allowable
pages are required to explain its position, leave of court is required to
exceed the page limit. A motion to exceed the page limit shall be filed
prior to the deadline establishing good cause for the request.
All documents shall be filed in 12-point Times New Roman font, double
spaced with one-inch margins and numbered pages.
All PDF documents filed must be text searchable.
B. Exhibits
All exhibits must be filed as a separately numbered attachment to the
main document and must be clearly titled with an objective description
of the document so that the nature of the exhibit and its relevance are
clearly discernible without the need to open the file (e.g., 6/14/19
Deposition of John Doe).
C. Reply Briefs
Reply briefs are not permitted without leave of court. Motions for Leave
to file a Reply shall be docketed within five days of the docketing of the
response with a courtesy copy sent to chambers via email to the e-mail
listed above. Motions for Leave should highlight the specific issues raised
in the response brief to which a reply is requested. Counsel should not
prepare and attach their proposed reply to their Motion. A ruling will be
made on the Motion for Leave without a response from opposing counsel.
If the Court grants leave to file a reply, the order will clearly specify the
scope of the reply and the due date.
D. Oral Argument
Oral argument will be scheduled by Chambers when it is beneficial to the
Court. Parties may request oral argument, but the Court will frequently
decide a motion on the papers even where such a request is made.
E. Motions for Summary Judgment
1. Joint Statement of Undisputed Facts
At least 28 days in advance of a motion for summary judgment, all parties
are required to meet and confer regarding the possibility of entering into
a joint statement of undisputed facts (the “Joint Statement”). The Joint
Statement should include all facts upon which any party expects to rely
in moving for or opposing summary judgment and about which there is
no factual dispute between the parties. The Joint Statement should
include exhibits, where relevant. The Court expects that in virtually all
cases, at least some basic relevant facts should be easily includable in a
Joint Statement.1 The Joint Statement should be drafted neutrally and
factually (without needless adjectives) so as to best facilitate a filing
which will be useful to the Court.
Inclusion of a given fact in a Joint Statement will not be considered a
concession by any party that a given fact is relevant or material.
Accordingly, relevance or materiality is not a basis on which a party
should refuse to include a fact in the Joint Statement.
Agreeing upon the submission of a Joint Statement will not preclude a
party from arguing in briefing that there are other undisputed facts
besides those on which the parties were able to agree. But no party shall
unilaterally file a “Statement of Undisputed Facts" setting forth its
interpretation of the record. All references to facts not included in the
Joint Statement described above must be contained within the party’s
memorandum and cite to the record.
Where the parties agree upon a Joint Statement, all factual citations
should be made to the Joint Statement, to the extent they can be.
1 Examples of facts a Joint Statement might address in a contract case are that there was a contract,
that a particular exhibit is the contract, and that delivery of the widgets was not made on time.
By way of further example, a Joint Statement in an employment case might address that the Plaintiff
was employed by the Defendant, that Plaintiff received an employee handbook, that the handbook
stated that employment was at will, and that the Plaintiff received no written warnings before
termination.
If the parties cannot come to an agreement on a Joint Statement, the
filing party is required to include a certification that no agreement could
be reached. If the Court later concludes from briefing that the parties do
agree on enough material facts to justify submission of a Joint Statement,
the Court may sua sponte schedule a hearing and/or request briefing from
the parties to determine whether sanctions are appropriate for failure to
comply with these protocols, and/or may reject the filings and require
both parties to submit a revised Joint Statement.
2. Time to Respond
The Court will typically set a deadline by which a party opposing
summary judgment must file its opposition in its Scheduling Order. In
the absence of a deadline set by the Court in a Scheduling Order, parties
have 30 days to respond to a motion for summary judgment.
XI. Procedure for Removal
If a case is brought before this Court by way of a Notice of Removal, the
party removing the action, if they have not done so in their original Notice
of Removal, is required to file an Amended Notice of Removal, attaching
the State Court Complaint as a separate exhibit, named consistent with
the naming convention outlined for exhibits to motions, supra. The filing
of an Amended Notice of Removal will have no impact on any case
deadlines which run from the removal of the case.
Any party who has already filed an Answer in the underlying State Court
Action must docket that Answer without revision within 21 days of
removal.
Any party who has Preliminary Objections or some other dispositive
motions pending in the State Court Action at the time of removal must,
within 21 days, either: (1) reformat the preliminary objections or
dispositive motion to be consistent with the Federal Rules of Civil
Procedure, the Eastern District of Pennsylvania’s Local Rules, and this
Court’s preference and place the same on the docket; or (2) file an Answer,
which will be constituted as a withdrawal of the pending preliminary
objections or dispositive motion (though not a waiver of any issue of law).
XII. Settlement Conferences:
When all parties are sincere in their interest in actively engaging in
settlement discussions, they may contact Chambers via letter or email
and request a settlement conference.
Judge Weilheimer’s assigned Magistrate is Judge Lynne Sitarski.
Bench trials: All settlement conferences for bench trials will be referred
to Judge Sitarski or the parties may choose to participate in the Court’s
mediation program. The list of Court approved mediators can be found
here.
Jury trials: Settlement conferences for jury trial can be conducted by
Judge Sitarski, participation in the Court’s mediation program (see
https://www.paed.uscourts.gov/mediation ) or upon the agreement of all
parties, Judge Weilheimer can conduct settlement conferences. If the
parties are requesting Judge Weilheimer address settlement, the parties
must agree, in writing or on the record, that should this matter not
resolve it will proceed as a jury trial and there is no objection to the Judge
continuing to preside over the matter. The settlement conference with
Judge Weilheimer will be held in the Courthouse with all parties, along
with any additional individuals with settlement authority in attendance.
Seven days in advance of the conference the parties will be required to
submit a confidential Settlement Conference Memorandum. This
memorandum shall NOT be docketed and should NOT be shared with
opposing counsel. While such memorandum should include key
documents such as contracts, photographs or expert reports, counsel
should be cognizant not to provide so much information to the Court that
it cannot easily extract the most important and persuasive information
relative to settlement.
The information to be provided in Judge Weilheimer’s Settlement
Conference Memorandum can be found here. Judge Sitarski or the
approved mediator will provide separate instructions regarding their pre-
conference submissions.
XIII. Pretrial Conference
After a ruling on dispositive motions or if dispositive motions have not
been filed, Chambers will schedule a Pretrial Conference during which
trial dates and associated deadlines will be provided. This will be a
substantive conference, not just a scheduling conference and lead trial
counsel is required to attend. If lead counsel is unavailable, substitute
counsel may attend provided substitute counsel has deep working
knowledge of the case.
Seven days prior to the Pretrial Conference counsel shall submit Pretrial
Conference Memorandum, the requirements are attached here.
Note: The Court may preclude at trial any witness or exhibit not
disclosed in the Pretrial Conference Memorandum.
Date certain trial dates will be given in the vast majority of cases.
Trial is expected to be scheduled 60-90 days after the Pretrial Conference.
At the Pretrial Conference, counsel should be aware of any dates for
which counsel, the parties, and/or material witnesses are unavailable.
“Unavailable” means attached for trial, has a scheduled medical
procedure, a verified pre-paid trip, or a significant family event such as a
graduation or wedding. The Court will accommodate all verified conflicts
for counsel and the parties and will work to avoid known conflicts for
material witnesses. If the Court cannot accommodate scheduling for a
witness, that witness shall be deposed on video prior to the
commencement of the trial.
XIV. Motions in Limine
Deadlines for motions in limine will be provided at the Pretrial
Conference. In an attempt to resolve any evidentiary issue, counsel shall
meet and confer in advance of the filing of any motion in limine. In all
cases, civil and criminal, motions in limine and their responses are
limited to ten pages, double spaced, in 12-point Times New Roman font
with one-inch margins and numbered pages.
Reply briefs are not permitted without leave of court. (See above).
The Court will notify counsel, in advance of trial, if a hearing is needed
on a motion in limine. Most often rulings are made based on the written
submissions.
XV. Trial
Absent verified, truly emergency circumstances, trial dates will not be
continued.
Judge Weilheimer does not have an assigned courtroom. Counsel will be
notified by Chambers of the courtroom assignment at least one week in
advance of trial.
A. Exhibits
Three copies of all exhibits expected to be introduced at trial are to be
provided at the commencement of trial. (One copy will be used for the
witness and retained for the record, one Court copy and one law clerk
copy).
Exhibits shall be placed in a three-ring binder, pre-marked and tabbed
with a table of contents. The text table of contents should be in at least
12-point font, in table format with separate columns for the exhibit
numbers, exhibit description, indication of identification and admission.
See example of preferred exhibit list here.
A joint exhibit binder is preferred but not required.
B. Courtroom Presentation
Counsel must stand when addressing the Court.
Counsel may be seated when questioning a witness.
A podium is available and may be used but is not required.
Counsel may walk freely around the well of the court when presenting
argument or questioning a witness, unless such action becomes
objectionable.
Counsel may not approach a witness or the jury without leave of court.
C. Objections
Speaking objections are prohibited. When objecting the word “objection”
and the basis should be given succinctly. Such as - “objection - hearsay”
or “objection - leading.” If the court needs more explanation, counsel will
be given the opportunity to argue at sidebar.
D. Use of Exhibits During Opening Statements
Exhibits or demonstrative evidence may not be used in opening
statements without agreement of opposing counsel or leave of Court.
No less than five business days before opening statements, a party
wishing to display exhibits in their opening statement must inform all
other parties of that intention and provide all other parties with a
complete list of the exhibits intended to be used in opening.
No less than three business days before opening statements, a party
served with such a list must respond with a list of objections, if any, or
certify to the requesting counsel that they have no objections to the
exhibits listed. Failure to object may be considered a waiver of objections.
No less than two business days before opening statements, the parties
are to meet and confer regarding the listed exhibits and objections
thereto and are strongly encouraged to compromise and resolve such
disputes without need of the Court’s intervention. If the Parties require
the Court to rule on whether a specific document may be shown to the
jury during opening statements, parties should inform the Court by the
close of business the day the parties met and conferred. The Court
will rule on any such objections shortly before opening statements and no
additional preparation time will be given if the Court prohibits a party
from displaying a document they intended to present.
If the Court concludes that an objection has been lodged in bad faith or
that a party proposed to use a document which was clearly the subject of
a potentially meritorious objection, sanctions may be imposed.
E. Objections in Video Trial Depositions
If any party intends to use a recorded video trial deposition, the Court
strongly encourages the parties to resolve any objections raised during
the deposition without Court involvement. If the parties are unable to
reach an agreement, the party seeking to introduce the video testimony
must submit a copy of the deposition transcript, along with a list of the
unresolved objections, far enough in advance to allow the Court to
carefully consider the objections and issue rulings. This timeline should
also provide the presenting party with adequate time to edit the video to
exclude any portions deemed inadmissible.
F. Examination of Witnesses
Judge Weilheimer will not permit more than one attorney for a party to
examine the same witness. The examining attorney is the only one
permitted to raise objections during the opposing party’s questioning.
G. Cumulative Evidence
Cumulative evidence and cumulative witnesses are strongly disfavored.
Counsel are encouraged to raise objections to cumulative evidence via
motions in limine. Out of respect for the jury’s time, Judge Weilheimer
will intervene sua sponte, if needed, to prohibit cumulative evidence or
argument evocative of the same. This applies with special force to expert
testimony. While Judge Weilheimer will take an active role in enforcing
this particular evidentiary rule, parties can and should make motions to
the Court if the Court has not acted sua sponte.
Further, Judge Weilheimer will not permit advocates in opening and
closing statements to suggest to the jury that because their side has more
experts or more witnesses, they should prevail. If this argument is made,
Judge Weilheimer will interrupt as needed and give a curative
instruction and/or whatever other sanctions might be appropriate.
Counsel must also refrain from asking questions in direct or cross-
examination of witnesses intended to lead the jury to a similar
conclusion.
Parties should abide by both the letter and the spirit of Judge
Weilheimer’s rulings.
H. Courtroom Technology
Not every Courtroom has advanced technological capabilities. Counsel
should contact Chambers to determine whether the parties need to
supply their own technology or if the courtroom offerings are sufficient.
I. Order of Proof
At the end of each day, Counsel will inform the Court and opposing
counsel of the witnesses expected to be called to testify the following day.
J. Note Taking by Jurors
Judge Weilheimer permits note taking by jurors during the presentation
of evidence. Jurors are not permitted to take notes during argument or
the Court’s instruction on the law.
XVI. Professional Development for Newer Attorneys:
Judge Weilheimer believes the courtroom provides the opportunity for
growth and development for the newest members of our profession and
encourages senior counsel to give their associates, who have skilled
knowledge on the matter, the opportunity to appear and make argument
to the Court. When a party chooses to avail itself of this opportunity,
counsel should notify the Court either at sidebar on the day of argument
or in advance via email to Chambers of the name of the associate who
will be representing the party and the name of senior/supervising
counsel. Supervising counsel will be given an opportunity to supplement
their associate’s argument.
XVII. Counsel Pro Hac Vice
Counsel who seek admission pro hac vice before this Court should
familiarize themselves with the Pennsylvania Rule of Professional
Conduct 5.5(c)(1), which provides that a lawyer not barred in
Pennsylvania associate with local counsel and that local counsel “actively
participates in the matter[.]”
Counsel applying for admission before the Court pro hac vice may use the
Eastern District’s standard form. While a motion for leave to appear pro
hac vice is pending, local counsel must be present at every appearance
before the Court, including those held on the phone or virtually. After
motion for leave to appear pro hac vice is granted, local counsel need not
be present at every appearance, except as outlined infra.
Pro hac vice counsel is expected to review and comply with the EDPA
local rules as well as Judge Weilheimer’s protocols.
If pro hac vice counsel shows an unfamiliarity with the Local Rules of
Civil Procedure or this Court’s protocols, this Court may issue an order
requiring local counsel to appear at all future appearances or may
discontinue the pro hac vice admission.
