PRACTICES AND PROCEDURES OF JUDGE W. SCOTT HARDY
(Effective July 1, 2021; Amended October 8, 2021)
I. General Matters
A. Local Rules of Court
These Practices and Procedures shall be followed in addition to the
Federal Rules of Civil Procedure, the Federal Rules of Criminal
Procedure and the Court’s Local Rules.
B. Communications with the Court
Except for discovery disputes (see Section II.B(2)), communications
with the Court shall be in the form of motions which shall be
accompanied by a proposed order specifying the relief requested.
Correspondence should not be sent to the Court unless specifically
requested.
C. Communications with Law Clerks and Other Staff
Communications with Chambers Staff concerning the
administration of a case are permissible, including inquiries
pertaining to the status of any pending matter. No substantive
legal matters should be discussed with the law clerks.
D. Filing and Service on CM/ECF
Counsel (and not the Court) is responsible for the filing of all
pleadings, documents, or any other material provided to the Court
and/or the Clerk, and for service upon opposing counsel or pro se
parties. The Court is not responsible for filing and/or service of
pleadings, documents, or any other material of the parties. All
filings must be made on the District’s CM/ECF electronic filing
system unless expressly permitted or directed to do otherwise by
the Court’s Local Rules or Order of Court.
E. Telephonic and Video Conferences
Requests for counsel or parties to participate in conferences
remotely via telephonic or video conferencing will be permitted on
a case-by-case basis. Unless otherwise ordered, settlement
conferences, pretrial conferences, and oral arguments will not
ordinarily be conducted remotely.
Telephonic conferences will be facilitated through a Court-provided
conference line, which will be supplied via ECF docket entry. If a
proceeding is to be conducted via video conference, Chambers will
supply log-in information to counsel and unrepresented parties in
advance of such proceeding.
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In addition to Court-scheduled conferences, this Court will also
schedule and conduct a status conference (telephonic or in person)
upon request by counsel for the parties. Counsel should confer on
their agenda before contacting the Chambers to schedule the
conference.
F. Alternative Dispute Resolution (ADR)
The Court follows the ADR Policies and Procedures available on the
Court’s website (www.pawd.uscourts.gov). ADR timelines and
procedures may be adjusted for good cause on a case-by-case
basis upon leave of Court.
G. Objections/Placing Proceedings on the Record
If counsel at any time has an objection to any procedure, ruling or
other action of the Court, counsel should make an immediate
objection by written motion or otherwise on the record at the
earliest practicable time. If no court reporter is present and
counsel has an objection(s), or otherwise desires the proceeding be
on the record for any reason, counsel has the right to and should
request a court reporter to be present and thereafter place the
objection(s) or proceedings on the record. Counsel may request at
any time that any proceeding or matter be placed on the record.
ECF filings and Court proceedings will not be “sealed” except by
Order of the Court for good cause shown in conformity with
applicable law, rules, and orders of court.
H. Consultation by Counsel/Attendance of Necessary Counsel
All parties (other than those proceeding pro se) shall be
represented at any conference by counsel who is a member of the
Bar of this Court (or, who has been or will be admitted specially),
has entered an appearance, and is sufficiently familiar with all
legal and factual matters involved in the action (and has reviewed
them with their client) so as to allow counsel to enter into
appropriate stipulations and to meaningfully and fully participate
in the proceedings. Ordinarily, this means lead trial counsel. At
any conference, counsel shall be prepared to discuss in detail and
argue any pending motions, and to discuss settlement.
All counsel are expected to confer with one another, in person or
by telephone (not email), prior to any conference with the Court to
review any issue which may be raised by counsel at such
conference and to provide to one another their respective positions
(and factual/legal authority) on all such matters. No counsel
should be surprised at any conference by the position taken by any
opposing party or the legal or factual basis for that position.
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I. Amendment of these Practices and Procedures
The Court’s Practices and Procedures are available online and will
be updated periodically. Counsel are responsible for keeping aware
of any such changes.
II. Civil Matters
A. Pretrial Procedures
(1) Initial Case Management Conference (ICMC)
The Court will generally issue an order setting the date of the
ICMC within thirty (30) days after the filing of a responsive
pleading. The Court will ordinarily conduct this conference
by telephone if requested by counsel (or on its own directive).
Prior to the conference, the parties are expected to meet and
confer and file their report pursuant to Fed.R.Civ.P. 26(f). The
parties must also file a fully completed Stipulation Selecting
ADR Process prior to the conference. Incomplete Rule 26(f)
reports and ADR Stipulations will be stricken with direction
to refile in full compliance with the Local Rules. The Court will
issue a Case Management Order at or after the conference.
(2) Additional Status and Settlement Conferences
Additional conferences may take place on request of counsel
or at the direction of the Court.
(3) Extensions and Continuances
The Court will grant extensions for the filing of motions or
briefs where good cause is shown for doing so. Requests for
extensions of the discovery period will routinely be granted (at
least as to the first such request) so long as the motion sets
forth the specific discovery conducted to date and the specific
discovery which will be conducted during the proposed
extended period. Requests for extensions should be made by
a short, written motion (accompanied by a proposed order),
and the motion must include a statement regarding all
opposing counsel’s positions on an extension and a list of any
prior requests for extensions. All such requests should be
made at least five (5) business days in advance of the existing
deadline when practicable. Parties opposing short extensions
must be prepared to articulate the actual prejudice which
would occur if the extension were granted.
Specific restrictions may be placed on further extensions.
Motions to reschedule appearances before the Court,
conferences, or oral arguments will be granted for good cause
when the Court is given sufficient notice, and when
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rescheduling will not disrupt the Court’s calendar, or
prejudice other parties. The Court will reasonably
accommodate trial counsel’s family vacation/special event
needs if given ample advance notice.
(4) Post- Fact Discovery Status Conferences
Unless otherwise ordered, the Court will schedule a Post-Fact
Discovery Status Conference generally no more than thirty
(30) days after the close of discovery at which the parties will
discuss expert discovery, motions for summary judgment,
potential trial dates, and settlement efforts. Absent leave of
Court, motions for summary judgment shall not be filed until
after this conference and then only in accordance with the
Court’s scheduling order.
The Court will schedule a status conference after ruling on all
dispositive motions, if necessary, to discuss settlement and
pretrial matters. The Court will issue a Pretrial Order following
the conference setting forth all pertinent deadlines.
(5) Final Pretrial Conference
The Court will schedule a Final Pretrial Conference to address
witness lists, exhibits, motions in limine, jury instructions,
voir dire, verdict slips, and any other pretrial matters.
(6) Confidential Position Papers
For jury matters, the Court may, upon request, require the
submission of a confidential position letter in advance of the
Initial Case Management Conference, Post-Fact Discovery
Status Conference, Pre-Trial Conference, settlement
conference, or other status conference. Such position letters
shall include: (i) a brief recitation of the most salient facts; (ii)
a discussion of your party’s strengths and weaknesses; (iii)
your party’s settlement posture; and (iv) any other matters
requested by the Court. To ensure candor, these position
letters are not to be filed or shared with opposing counsel, but
rather, emailed to chambers in accordance with instructions
to be provided. All position letters will be kept confidential.
B. Discovery Matters
(1) Length of Discovery Period and Extensions
Ordinarily, one hundred fifty (150) days is permitted for
discovery unless the parties indicate that a different time
frame is appropriate, and the Court approves of that time
frame. Any such proposed variance must be addressed in the
parties’ Rule 26(f) Report and raised at the ICMC. Extensions
of time for discovery are permitted for good cause shown,
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provided that the case has been diligently advanced by
counsel during the initial period of discovery. The Court will
consider phased discovery in appropriate cases.
(2) Deposition and Other Discovery Disputes
For discovery disputes that arise during a deposition, the
attorneys together may contact the Court by telephone to
determine whether the Court wishes to resolve the matter at
that time.
If a discovery dispute cannot be resolved after the parties have
conferred in good faith, the parties should jointly contact
chambers via telephone (412) 208-7570 or email Courtroom
Deputy Clerk Kallie Sheets (
[email protected]),
with a copy to Judicial Assistant Donna Stupy
(
[email protected]), to schedule a telephonic
status conference to discuss the dispute. No discovery motions
are to be filed until after the conference except in cases of
emergency as certified by counsel.
(3) Stay of Discovery
The filing of a dispositive motion does not automatically stay
discovery. A stay may be sought by motion but will ordinarily
be granted only for good cause shown. In appropriate
circumstances, discovery may be limited to those facts in
support of or opposition to the dispositive motion such as a
motion to dismiss for lack of personal jurisdiction.
C. Motions and Briefs
(1) Motions should provide a short and plain statement
expressing the specific relief sought, the factual and legal
grounds for such relief, and a certification that the movant
has discussed the matter with all other parties. The motion
must also expressly indicate whether the opposing party (or
parties) consent or oppose the motion and whether such party
(or parties) intends to file a response. A proposed order setting
forth the specific relief requested shall be filed as a separate
attachment to the motion in accordance with the Court’s
CM/ECF Policies & Procedures. General orders (e.g., “the
motion is granted”) are not acceptable. Failure to conform to
these requirements may result in the motion being stricken.
(2) Briefs need not be filed for discovery motions or motions
seeking extension of time or continuance. Briefs supporting or
opposing dispositive motions and briefs supporting or
opposing class certification are required but shall not exceed
twenty-five (25) pages without leave of Court. Briefs
supporting or opposing all other motions shall not exceed ten
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(10) pages without leave of Court. Reply briefs relating to
dispositive motions and class certification shall not exceed
fifteen (15) pages and reply briefs pertaining to all other
motions shall not exceed five (5) pages.
(3) Motions may be decided with or without oral argument as
determined by the Court. Any party believing that oral
argument will materially assist the Court’s decisional process
may so advise the Court and request argument.
D. Briefing Schedules
Unless an Order of Court or applicable Court Rules provide
otherwise:
(1) Responses to motions relating to discovery and other case
management motions shall be filed within seven (7) days from
the date of service of the motion.
(2) Responses to motions for summary judgment and responses
to motions for class certification shall be filed within thirty
(30) days from the date of service of the motion.
(3) Responses to motions to dismiss, motions to compel
arbitration, and all other types of motions not expressly
addressed herein shall be filed within twenty-one (21) days
from the date of service of the motion.
(4) If the moving party believes that there is urgency to the grant
or denial of a motion requiring expedited consideration due to
the particular facts or circumstances of the matter, movant
should so state in the motion and also advise Chambers and
counsel for all other parties of same by telephone. Upon such
request, the Court may consider modifying the response time.
(5) Reply Briefs. A reply brief is defined as the second brief
advocating a party’s position on the same motion filed after
the non-moving party’s response. Reply briefs may be filed,
without leave of court, seven (7) days (14 days for replies in
summary judgment and class certification matters) from the
date of service of the response to which they reply.
(6) Surreply briefs, or other briefs, are disfavored and may be filed
only with leave of court.
(7) Motions for reconsideration must be filed within seven (7) days
of the Order at issue.
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(8) The Court may alter any of these provisions by Order, or by
notice from court staff at the Court’s direction in the interests
of justice.
E. Chamber Copies of Motions and Briefs
Counsel should not send courtesy copies of any motion or brief
that is available on the CM/ECF System unless requested to do so.
F. Injunctions and Temporary Restraining Orders
Federal Rule of Civil Procedure 65 governs motions for preliminary
injunctions and temporary restraining orders. A party seeking an
injunction or temporary restraining order must demonstrate
having made serious efforts to contact the opposing party or its
counsel prior to seeking relief, which must be supported by
affidavit in accordance with Fed.R.Civ.P. 65(b). Otherwise, the
Court will not hold a hearing on the matter or issue a temporary
restraining order. In circumstances where a bond or deposit of
security may be required if relief is granted, the moving party is
expected to have that arranged at the time the motion is filed.
The papers in support of a motion for temporary restraining order
or preliminary injunction should include affidavit(s) in support of
the motion with all relevant documents attached thereto. Any
response to the motion for temporary restraining order or
preliminary injunction should be accompanied by affidavit(s).
Both motions and responses must attach proposed findings of fact
and conclusions of law.
All requests for injunctions and temporary restraining orders are
handled as expeditiously as possible and the Court will, in its
discretion and after review of the pleadings and affidavit(s),
determine whether or not to conduct a hearing, and, if so, the
scope of the testimony necessary to resolve the matter. Counsel
filing any such motion should be prepared to proceed immediately
with argument and testimony from supporting witnesses.
G. Stipulated Protective Orders.
All proposed stipulated protective orders shall include the following provision:
Pursuant to this Order, whenever a party intends to file Confidential
Material or other such material with the Court that the party desires
be filed under seal, such party shall first file a motion for leave to
file such materials under seal. The party filing such motion shall
first confer with all other parties as to their consent or opposition,
and the motion shall certify that the conferral occurred and state
whether each party consents or opposes the motion. All motions to
seal any document or proceeding must be filed at least five (5)
business days in advance of the filing deadline that pertains to the
filing or proceeding sought to be sealed. Such motions must set forth
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the specific factual and legal basis and necessity for sealing, with
particularity as to each item to be sealed, in accordance with
prevailing law. Absent exceptional circumstances, any proposed
Order must include this language: “This Order may be vacated and
sealing lifted for cause shown upon the motion of any party or other
person with a recognized interest, or after due notice by the Court
upon the Court’s own motion.”
H. Motions to File Under Seal.
Whenever a party intends to file confidential material with the
Court that the party desires be filed under seal, such party
shall first file a motion for leave to file such materials under
seal. The party filing such motion shall first confer with all
other parties as to their consent or opposition, and the motion
shall certify that the conferral occurred and also state whether
each party consents or opposes the motion. All motions to
seal any document or proceeding must be filed at least five (5)
business days in advance of the filing deadline that pertains
to the filing or proceeding sought to be sealed. Such motions
must set forth the specific factual and legal basis and
necessity for sealing, with particularity as to each item to be
sealed, in accordance with prevailing law. See In re Avandia
Mktg., Sales Practices & Prods. Liab. Litig., 924 F.3d 662, 672 (3d
Cir. 2019). The proposed order shall also set forth each item
to be sealed with particularity, and must also include this
language: “This Order may be vacated and sealing lifted for
cause shown upon the motion of any party or other person
with a recognized interest, or after due notice by the Court
upon the Court’s own motion.”
The parties are reminded that all proceedings in federal court
are presumptively open to the public, including those in which
“sealed” material may be discussed.
III. Criminal Matters
A. Motions for Extensions of Time
The Court considers requests for extensions on a case-by-case
basis. Prior to requesting an extension of time to file pretrial
motions, counsel for the moving party must confer with opposing
counsel to obtain consent, and state in the motion whether
consent was obtained. Appropriate language excluding delay for
purposes of the Speedy Trial Act must be included in the proposed
order accompanying the motion.
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B. Motions for Pre-Plea Presentence Report
The Court will not grant a motion for a pre-plea presentence report
unless the defendant has consented to the submittal and
disclosure of such report, consistent with Federal Rule of Criminal
Procedure 32(e)(1). The defendant’s written consent/waiver shall
be deemed acceptable to the Court if it is in the following form:
DEFENDANT’S CONSENT TO SUBMITTAL AND DISCLOSURE OF
A LIMITED PRESENTENCE INVESTIGATION REPORT AND
WAIVER OF FEDERAL RULE OF CRIMINAL PROCEDURE 32(e)(1)
I, [NAME OF CRIMINAL DEFENDANT], after having been fully
advised of my rights pursuant to Federal Rule of Criminal
Procedure 32(e)(1), the text of which is set forth below, consent to
the submittal and disclosure of a limited presentence investigation
report by the United States Probation Office. This report shall be
for the limited purpose of obtaining a criminal history calculation
as it applies to career offender status and its impact on my criminal
history score and offense level. I consent to the review of my
presentence investigation report by a judge at any time, including
the time prior to entry of a plea of guilty or nolo contendere. I
further acknowledge the report will be made available for review to
the parties in this case, including the prosecution.
Federal Rule of Criminal Procedure 32(e)(1) provides that: “[u]nless
the defendant has consented in writing, the probation officer must
not submit a presentence report to the court or disclose its
contents to anyone until the defendant has pleaded guilty or nolo
contendere, or has been found guilty.”
I have read, or had read to me, the foregoing consent and waiver
and fully understand it.
[SIGNATURE OF CRIMINAL DEFENDANT]
C. Motions to Travel
The Court requires the filing of a motion for leave to travel outside
the Western District of Pennsylvania by a defendant. Such motion
should specify the position of the Government and the
Probation/Pretrial Services Officer.
D. Status/Pretrial Conferences
Status conferences will be scheduled as necessary or upon the
request of counsel. Additionally, following the Court’s ruling on
pretrial motions, the Court will conduct a status conference at
which defense counsel should be prepared to advise the Court of
the defendant’s intention to proceed to trial or plead guilty. A
pretrial conference will be conducted in advance of trial.
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E. Guilty Pleas
The Court has no special rules regarding guilty pleas, or deadlines
for accepting or rejecting plea agreements.
F. Trial
The Court will issue a pre-trial order, which sets forth pre-trial
deadlines and outlines trial procedures.
G. Sentencing
The Court will issue a presentence order, which outlines deadlines
for the filing of each party’s Position With Respect to Sentencing
Factors, issuance of the Court’s Tentative Findings and Rulings,
and the filing of each party’s Sentencing Memorandum, as well as
any other supplemental information for consideration at
sentencing.
The Court does not usually hold a sentencing conference prior to
the sentencing hearing but may hold one if requested by counsel.
H. Other Criminal Practices and Procedures
The Court will include recommendations to the Bureau of Prisons
in the judgment order if appropriate.
/s/ W. Scott H ardy
W. Scott Hardy
United States District Judge
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