Judge James R. Cho

At least seven days prior to the settlement conference, the parties shall submit to chambers by email (cho_chambers@nyed.uscourts.gov) ex parte settlement letters that address the following: (1) the status of settlement discussions; (2) the last demand and offer made, if any; (3) the strengths and weakness of their case; and (4) any information that may assist the Court in helping the parties resolve the matter. The ex parte letters shall be limited to five pages exclusive of attachments.

Pro se litigants are directed to make any filings via hand delivery or U.S. mail to the designated "Pro Se clerk" in the Clerk's office, to the attention of Judge Cho and the presiding District Judge, and by delivering a copy to the attorney for the opposing party.

All papers submitted to the Court should include the docket number for the case followed by the initials of the presiding District Judge, followed by Judge Cho's initials (JRC).

Memoranda of 10 pages or more shall contain a table of contents. All memoranda must use one-inch margins, double spacing, and 12-point font (including footnotes).

Two business days before the Initial Conference, the parties must file on ECF a joint, proposed discovery plan, that includes proposed deadlines for the following items: (1) exchange of initial disclosures, if not already completed; (2) amendment to pleadings; (3) joinder of parties; (4) completion of fact discovery; (5) completion of expert discovery, if applicable; and (6) commencement of dispositive motion practice, if any (subject to the Individual Practices and Rules of the presiding District Judge).

Litigants shall make discovery or other non-dispositive motions by letter motion, pursuant to Local Civil Rules 37.3(c) or 7.1(d), and shall be filed on ECF as a “Motion,” not as a “Letter.”

In consent cases assigned to Judge Cho for trial, on or before the deadline set by the Court, the parties shall submit a proposed joint pretrial order that includes the following: (1) The full caption of the action. (2) The names, addresses (including firm names), telephone number, and email addresses of trial counsel. (3) A brief statement by plaintiff as to the basis of subject matter jurisdiction, and a brief statement by each other party as to the presence or absence of subject matter jurisdiction. Such statements shall include citations to all statutes relied on and relevant facts as to citizenship and jurisdictional amount. (4) A brief summary by each party of the claims and defenses that party has asserted that remain to be tried, without recital of evidentiary matter but including citations to all statutes relied on. Such summaries shall identify all claims and defenses previously asserted that are not to be tried. (5) A statement by each party as to whether the case is to be tried with or without a jury, and the number of trial days needed. (6) Any stipulations or agreed statements of fact or law that have been agreed to by all parties. (7) A list of the names and addresses of all witnesses, including possible witnesses who may be called only for impeachment or rebuttal purposes and so designated, together with a brief narrative statement of the expected testimony of each witness. Only listed witnesses will be permitted to testify except when prompt notice has been given and good cause shown. (8) A designation by each party of those portions of any deposition testimony to be offered in its case in chief, with any cross- designations and objections by any other party.

The parties must file a proposed joint pretrial order in the format prescribed by the presiding District Judge on or before the deadline set by the Court or as set forth in the presiding District Judge’s Individual Practices and Rules.

All exhibits must be pre-marked for the trial, exchanged with the other parties, and delivered to the Court at least 10 days before trial, or sooner if directed by the Court. Where exhibits are voluminous, they should be placed in binders with tabs or clipped and placed in labeled folders.

(a) A schedule listing exhibits to be offered in evidence and, if not admitted by stipulation, the party or parties that will be offering them. The schedule should also separately include exhibits that the party knows or anticipates prior to trial it may offer for impeachment or rebuttal purposes. The parties will list and briefly describe the basis for any objections that they have to the admissibility of any exhibits to be offered by any other party. Parties are expected to resolve before trial all issues of authenticity, chain of custody and related grounds. Only exhibits listed will be received in evidence, except for good cause shown.

Filings Prior to Trial in Civil Consent Cases. Unless otherwise ordered by the Court, each party shall file the following items 15 days prior to the start of trial: (1) All motions addressing any evidentiary or other issues that should be resolved in limine. Any opposition should be filed 7 days prior to the start of trial. Any reply should be filed 3 days prior to the start of trial.

Legal arguments must be set forth in a memorandum of law rather than in affidavits, affirmations, or declarations. See Local Civil Rule 7.1.

To the extent practical, the parties should continue the deposition while waiting for the Court to address the areas in dispute. Under no circumstances should the parties discontinue the deposition without first attempting to contact the Court.

Counsel in cases involving pro se litigants must send copies of documents filed on ECF to the pro se party, and file proof of service on ECF.

All documents must be filed electronically on ECF, except as stated below or otherwise directed by the Court.

A request for adjournment or for extension of time must be filed on ECF as a "Motion" and not as a "Letter."

Parties should primarily communicate with the Court through the Case Management/Electronic Case Files ("ECF") program. 1 Each attorney of record must file a Notice of Appearance as to each represented party and must register to receive ECF notifications before filing any motions, letters, or other documents. Attorneys will receive notification of all Court orders electronically.