PRACTICES AND PROCEDURES OF JUDGE HARDY
(Effective January 1, 2026; Supersedes All Prior Versions)
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,
as well as a certification of conferral as addressed further herein.
Correspondence should not be sent to the Court by email, letter,
etc., 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
The Court may permit counsel or parties to participate in
conferences remotely via telephonic or video conferencing on a
case-by-case basis by specific request. In most instances, it is the
Court’s preference for in-person proceedings and remote
proceedings are the exception to this general rule. Unless
specifically permitted or otherwise ordered, settlement
conferences, pretrial conferences, and oral arguments will be
conducted in person. Initial Case Management Conferences
(ICMC’s) and routine status conferences in civil matters are
typically handled via telephone.
Page 1 of 14
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.
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 individuals 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 merely by email), prior to any conference with
the Court to review any issue which may be raised by counsel at
Page 2 of 14
such conference and to provide to one another their respective
positions (and factual/legal authority) on all such matters in
controversy. This in-person or telephonic requirement does not
preclude the exchange of written positions (via correspondence,
email, etc.), but such written expressions of position, standing
alone, is not sufficient to satisfy the obligation to confer. 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.
I. Amendment of these Practices and Procedures
The Court’s Practices and Procedures are available online and will
be updated periodically without express notice in individual cases.
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 an answer.
Depending on the circumstances, the Court may also
schedule an ICMC while a Rule 12 motion is pending. The
Court will ordinarily conduct this conference by telephone
unless the parties request otherwise. Prior to the ICMC, 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. In the stipulation, the parties must identify the
type of ADR selected, the neutral, the confirmed date of the
ADR session, (to occur within 60 days of Initial Case
Management Conference), and the names of all people
attending (including a corporate or insurance representative
with settlement authority, if applicable). The Court needs this
information before the initial case management conference in
order to set an appropriate schedule. Incomplete Rule 26(f)
reports and ADR Stipulations may be stricken with direction
to refile in full compliance with the Local Rules and these
Practices and Procedures. The Court will issue a Case
Management Order at or after the conference.
(2) Additional Status and Settlement Conferences
Additional conferences may take place at the direction of the
Court upon request of counsel or its own initiative.
Page 3 of 14
(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
reasonable extensions of the discovery period will be granted
routinely (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 with a tentative schedule for doing
so. Requests for extensions should be made by a short, written
motion, and the movant must include all opposing counsel’s
positions on an extension (and if opposing it, indicate whether
the opposing party intends to file an opposition) and a list of
any prior requests for extensions. The motion must be
accompanied by a proposed order and a separately attached
Certificate of Conferral. Also, such motions must be entitled
(with matching docket text) using the following convention:
“[First] Moton for [Un/Contested] Extension of Discovery” or
“[First] Motion to Modify Case Management Order” as the case
may be.
All such motions 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.
Parties should not presume that an unopposed or joint
request for an extension will be granted, particularly if the
motion is filed long after the parties reasonably should have
realized more time would be needed or if there is little or no
indicia that the parties exercised diligence in completing
scheduled tasks within previously established deadlines.
Moreover, parties may not simply ignore court ordered
deadlines by agreement or understanding (e.g., informally
agree to take certain depositions “out of time”) without first
seeking modifications to established court orders for doing so.
Regardless, specific restrictions may be placed on further
extensions, or such requests may be denied.
Motions to reschedule appearances before the Court,
conferences, or oral arguments will be granted only upon good
cause when the Court is given sufficient notice, and when
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.
Page 4 of 14
(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 (if applicable), motions for summary
judgment, potential trial dates, and settlement efforts.
Chambers staff may email counsel/parties in advance of the
status conference, who are expected to respond thereto in a
timely manner as directed. Such email will solicit information
to be supplied jointly to Chambers on such matters as:
(i) Who will be participating in the conference?
(ii) Will fact discovery be completed by the
established deadline?
(iii) Will the parties be engaging in expert discovery?
If so, propose deadlines for expert discovery for
the Court’s consideration.
(iv) Are the parties interested in returning to your
Early ADR Neutral for another session?
(v) Are the parties requesting a summary judgment
schedule at this time? If so, propose deadlines for
the Court’s consideration.
(vi) Are there any other issues that the parties would
like to discuss with the Court at the Conference?
If so, jointly supply an agenda of such items.
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
should include, when applicable: (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)
Page 5 of 14
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.
(7) Judicial Settlement Conferences
In the event Judge Hardy conducts a formal settlement
conference for your case, you will be directed to complete
several tasks prior to the settlement conference itself. These
directives will be outlined in a Judicial Settlement Conference
Order which typically includes the following requirements:
(i) Pre-Settlement Conference Exchange of Written
Demand and Offer.
(ii) Joint Proposed Settlement Agreement (indicating areas
of disagreement) and Joint Statement Identifying Key
Areas of Disagreement
(iii) Confidential Ex Parte Position Letters.
(8) Good Faith Conferrals; Certificates of Conferral
Any time that counsel/unrepresented parties are expected to
meet and confer, whether pursuant to a statute, a federal or
local rule, these Practices and Procedures, or a Court order,
the parties must do so in good faith before such matters
become subject to a motion or other dispute absent leave of
court to forgo such conferral.
A good faith conferral must address the substantive merits of
the dispute, as well as whether any such anticipated motion
will be consented to or opposed and if opposed, whether such
opposing party or parties desire to file a written opposition
with the Court. The Court’s conferral requirements are not
satisfied by merely exchanging correspondence or emails
without also having a verbal discussion (whether by phone,
videoconference, or in person), nor by sending an email or
leaving a voicemail on the evening before or day such motion
is being filed.
All motions must be accompanied by a “Certificate of
Conferral” in a separately attached exhibit providing specific
details of the parties’ efforts to resolve the dispute informally.
Failure to comply with this requirement may result in such
motion being stricken or summarily denied and sanctions
may also be imposed. See also Section II.C(1).
Page 6 of 14
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,
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) Discovery Disputes
Parties (through counsel or personally if pro se) must confer
in good faith to resolve or narrow any discovery-related
dispute in accordance with applicable procedural rules, Court
orders, and these Practices and Procedures. If a discovery
dispute cannot be resolved after conferring in good faith, the
parties must confer on an agenda for a telephonic status
conference that succinctly and fairly identifies the disputed
issues and then jointly contact Chambers via telephone or
email for instructions on submitting their proposed agenda
and to schedule an informal telephone conference with Judge
Hardy. Such request and jointly proposed agenda shall be
directed to Courtroom Deputy Clerk Kallie Sheets at 412-208-
7570 or
[email protected]. No discovery
motions shall be filed unless and until after Judge Hardy
conducts the informal conference and grants leave to file such
motion. Premature motions that lack a “Certificate of
Conferral” or are otherwise filed without first obtaining leave
to do so by Judge Hardy may be stricken or denied summarily
without prejudice.
For discovery disputes that arise during a deposition, the
attorneys, together, may contact the Court by telephone to
determine whether the Court is available and wishes to resolve
the matter at that time.
If a discovery motion is filed (after obtaining permission from
Judge Hardy), any response in opposition thereto must be
filed within 5 days (unless Judge Hardy orders a different
deadline). Reply briefs typically are not permitted. The Court
endeavors to rule on discovery motions as expeditiously as
possible, often within seven days after briefing is complete.
Page 7 of 14
(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, Briefs, and other Written Submissions; Certificates
of Conferral
(1) Motions should provide a short and plain statement
expressing the specific relief sought and the factual and legal
grounds for such relief. All motions must be accompanied by
a separately attached “Certificate of Conferral” in accordance
with these Practices and Procedures, stating that the movant
has conferred on the matter with all other parties, and
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 also 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
or summarily denied. See also Section II.A(8).
(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
(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. Any written
submissions not otherwise addressed herein shall not exceed
five (5) pages without leave of Court. Failure to observe such
page limitations may result in filings being stricken.
(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
should so advise the Court and request argument with a brief
explanation of the basis for such request.
Page 8 of 14
D. Briefing Schedules
Unless an Order of Court or applicable Court Rules provide
otherwise:
(1) Responses to motions to dismiss and motions to compel
arbitration shall be filed within twenty-one (21) 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 relating to discovery and case
management (e.g., motions to modify briefing schedules,
motions to extend discovery, motions to reschedule a status
conference, etc.) shall be filed within five (5) days from the
date of service of the motion.
(4) For all other types of motions not expressly addressed herein,
responses shall be filed within seven (7) days from the date
of service of the motion.
(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 from the date of service
of the response to which they reply, except in motions for
summary judgment and class certification matters, reply
briefs may be filed within 14 days.
(6) Sur-reply 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.
(8) 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 advise Chambers and
counsel for all other parties of same by telephone. Upon such
request, the Court may consider modifying the response time.
Page 9 of 14
(9) Parties seeking an extension of time to respond beyond the
timeframes stated herein shall confer with opposing
counsel/unrepresented parties and file a motion requesting
such adjustment. The Court’s conferral and certification
requirements shall apply. While stipulations are encouraged,
they are not a substitute for the Court’s approval of
adjustments to its Orders and published procedures.
(10) The Court may alter any of these provisions by Order or by
notice from Chambers 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, along with reasons why notice
should not be required, 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 be supplemented by proposed
findings of fact and conclusions of law subject to a scheduling
order issued by the Court.
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 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. Counsel
should also be prepared to select a neutral and participate in an
ADR process on an expedited basis before the scheduling of a
preliminary injunction hearing.
Page 10 of 14
G. Stipulated Protective Orders and Filings Under Seal
(1) 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 to be filed under seal, or reasonably
believes another party desires it be filed under seal, such party
shall first file a motion for leave to file such materials under
seal after conferring with all other parties as to their consent
or opposition and certify that the conferral occurred and state
whether each party consents or opposes the motion.”
(2) In accordance with Local Rule 5.2(H) and prevailing law, a
party wishing to file any document or portion thereof under
seal must obtain prior leave of Court for each document (or
portion thereof) that is requested to be filed under seal.
Whenever a party intends to file with the Court exhibits,
transcript excerpts, affidavits, declarations, or related
motions or briefing that include and/or quote from such
materials containing information that the party desires be
filed under seal or reasonably believes another party desires
be filed under seal, such party shall file a motion for leave to
file such materials under seal provisionally. The party filing
such provisional 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 to or opposes the motion or specified portions
thereof. Upon cause shown by any party (including the party
filing the provisional motion) who opposes the sealing of
specified material contemplated by the provisional motion, the
Court will establish deadlines for the party or parties desiring
to keep such provisionally sealed materials sealed to file
supplemental briefing that sets 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. Any
party or other person with a recognized interest may file a
response thereto. No replies shall be filed absent leave of
Court.
(3) Any provisional motion to seal shall also be accompanied by a
proposed order that includes the following: “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.” If a
party or other person with a recognized interest wishes to file
Page 11 of 14
such a motion to unseal, that party must first confer with the
parties as to whether specified materials should be unsealed
or remain sealed and such motion shall certify that the
conferral occurred and state whether each party consents to
or opposes the motion or specified portions thereof.
Thereafter, and in accordance with deadlines established by
further order of Court, any party who opposes such motion to
unseal those materials must set forth the specific factual and
legal basis and necessity for sealing, with particularity as to
each item to remain sealed, in accordance with prevailing law,
and any party or other person with a recognized interest may
file an opposition thereto.
(4) A party advocating for materials to be filed or maintained
under seal must set forth the specific factual and legal basis
and necessity for doing so, with particularity as to each item
that is desired to be sealed, in accordance with prevailing law.
See In re Avandia Mktg., Sales Pracs. & Prod. Liab. Litig., 924
F.3d 662 (3d Cir. 2019).
(5) The parties are reminded that all proceedings in federal court
are presumptively open to the public, including those in which
“sealed” material may be presented or otherwise discussed.
(6) Parties need not seek leave of Court to redact personal
identifiers as required by Local Rule 5.2.
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.
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:
Page 12 of 14
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.
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.
Page 13 of 14
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 Hardy
W. Scott Hardy
United States District Judge
Page 14 of 14
