Judge Peggy Kuo
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Upon request
Adjournments
- Adjournment requests must state the original conference date, the number of prior requests, and the reason for the request.
- If an adjournment request affects other deadlines, a revised proposed discovery plan/scheduling order must be attached.
- Extension requests must include the original deadline, reason, number of prior requests, and other parties’ consent position or efforts to obtain it.
- +1 more
Request must include
- Adjournment requests must be filed at least two business days before the conference unless there is an emergency.
- Extension requests must be made at least two business days before the relevant deadline unless there is an emergency.
Communication
Chambers
Phone
Clerk
Phone
Chambers
Letter via ECF
Page & Word Limits3 rules
Unless prior permission has been granted, memoranda of law in support of, or in opposition to, motions are limited to twelve (12) pages, double-spaced and reply memoranda are limited to five (5) pages, double-spaced.
Memorandum Of Law
12 pages
Reply Memorandum
5 pages
The letter may be no more than three (3) pages and must be filed via ECF as a “Motion.”
Joint Letter
3 pages
Unless prior permission has been granted, memoranda of law in support of or in opposition to dispositive motions are limited to twenty-five (25) pages, double- spaced, and reply memoranda are limited to ten (10) pages, double-spaced. Length limitations may be modified at the pre-motion conference.
Memorandum Of Law
25 pages
Reply Memorandum
10 pages
Document Format Requirements2 rules
Any proposed changes to the court’s confidentiality order must be clearly marked, such as by using Track Changes.
If a party believes that changes to the Proposed Confidentiality Order are warranted due to the circumstances of the case, it must submit any proposed changes to the Court, clearly indicating what those changes are by, for example, using a “Track Changes” function or similar method.
If an exhibit is voluminous, it should be placed in a binder with tabs.
Document Filing Requirements23 rules
The proposed sealed document(s) must be attached to the motion for leave to file under seal.
DocumentMotion For Leave To File Under Seal
Each settlement statement must include prior demand/offer positions, case strengths and weaknesses, client priorities, settlement barriers, and other helpful settlement information.
Each settlement statement must contain the last demand and offer made, a realistic assessment of the strengths and weaknesses of the case, information on what is important to the client, any barriers to settlement, and anything else that will assist the Court in helping the parties reach an agreement.
DocumentSettlement Statement
Any confidentiality order must use the Court’s proposed confidentiality order form from Chambers’ website.
If a party deems it necessary to have a confidentiality order in place, that order shall be in the form of the Proposed Confidentiality Order on the Chamber’s website (https://www.nyed.uscourts.gov/magistrate-judge-peggy-kuo).
DocumentConfidentiality Order
The motion, when filed, must be accompanied by a letter certifying compliance with this rule, and stating whether the non-moving parties consent to the motion or, if the other parties could not be reached for input, the moving party’s efforts to reach them.
DocumentMotion
Exhibits: A schedule listing exhibits to be offered in evidence and, if not admitted by stipulation, the party or parties offering each exhibit.
DocumentJoint Pretrial Order
Deposition Testimony: By each party, a designation of deposition testimony to be offered by the party in its case-in-chief, along with any cross-designations and objections by any other party.
DocumentJoint Pretrial Order
The Joint Pretrial Order must include party jurisdiction statements with supporting legal citations and jurisdictional facts.
Jurisdiction: 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 must include citations to a) all statutes and legal doctrines relied on and b) relevant facts as to citizenship and amount in controversy.
DocumentJoint Pretrial Order
Caption: The full caption of the action.
DocumentJoint Pretrial Order
Each party must summarize remaining claims and defenses and cite relevant statutes in the Joint Pretrial Order.
Claims and Defenses: By each party, a brief summary of the elements of the claims and defenses that the party has asserted and that remain to be tried. The summary must include citations to all relevant statutes.
DocumentJoint Pretrial Order
Parties and Counsel: The names (including firm names), addresses, telephone numbers, fax numbers, and e-mail addresses of trial counsel.
DocumentJoint Pretrial Order
The Joint Pretrial Order must include detailed witness disclosures, and unlisted witnesses may testify only with prompt notice and good cause.
Witnesses: From each party, a list of names and addresses for the fact and expert witnesses whose testimony is to be offered in the party’s case-in-chief, as well as any anticipated rebuttal witnesses, together with a brief narrative statement of each witness’s expected testimony. Only listed witnesses will be permitted to testify unless prompt notice is given and good cause is shown.
DocumentJoint Pretrial Order
Damages: A brief statement of the categories and amounts of damages claimed or other relief sought.
DocumentJoint Pretrial Order
Unless otherwise ordered by the Court, within sixty (60) days from the date of the completion of discovery in a civil case, the parties must submit to the Court a proposed Joint Pretrial Order, which shall include the following:
DocumentJoint Pretrial Order
Stipulations: A statement of stipulated facts, if any.
DocumentJoint Pretrial Order
Jury or Bench Trial: 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.
DocumentJoint Pretrial Order
Unless otherwise ordered by the Court, requests to charge and proposed voir dire questions for the jury shall be filed on ECF one (1) week before trial.
DocumentJury Trial Filings
In non-jury cases, a statement of the elements of each claim or defense involving that party, together with a summary of the facts relied upon to establish each element shall be filed on ECF one (1) week before trial.
DocumentNon Jury Pretrial Statement
Requests to charge are limited to the elements of the claims, the damages sought, and defenses.
DocumentRequests To Charge
All exhibits must be pre-marked for trial and exchanged between or among the parties at least ten (10) business days before trial.
DocumentExhibits
Motions in Limine: A list of any proposed motions addressing evidentiary or other issues that should be resolved in limine.
DocumentJoint Pretrial Order
The Court needs four (4) copies of all exhibits for use at trial.
DocumentExhibits
If the parties’ dispute relates to a specific discovery request or requests, the parties should attach the request or requests to their joint letter.
DocumentJoint Letter
If any party concludes in good faith that delaying the filing of a motion in order to comply with any aspect of these Individual Practice Rules will deprive the party of a substantive right, the party may file the motion within the time required by the Federal Rules of Civil Procedure and/or the Federal Rules of Appellate Procedure, together with an explanation of the basis for the conclusion.
DocumentMotion
Filing & Service rules
Courtesy Copy Requirements
Courtesy copies must not be submitted unless the Court specifically requests them.
Do not submit courtesy copies unless asked to do so by the Court.
Civil cases
Page 2 | Courtesy Copies or Other Correspondence
Sealing & Redaction Procedures
A motion for leave must be filed on ECF to submit documents under seal, following EDNY sealing instructions.
Motions for leave to file documents under seal must be filed via ECF in accordance with the EDNY’s instructions for electronically filing sealed documents.
Civil cases
Page 2 | Sealing of Submissions
Pre-Motion Conference Requirements
Oppositions to non-dispositive non-discovery motions are due in 10 business days, and replies are due 5 business days later, unless otherwise ordered.
Unless otherwise ordered by the Court, responses in opposition to a non- dispositive non-discovery motion must be filed within ten (10) business days after the motion is filed. Replies must be filed within five (5) business days after the response is filed.
Civil cases
Page 5 | A. Non-Dispositive Motions > 2. Non-Discovery Motions
Counsel must confer in person or by telephone before seeking court intervention on a discovery dispute.
Counsel are required to discuss their disputes with one another in person or by telephone before seeking judicial intervention.
Civil cases
Page 5 | A. Non-Dispositive Motions > 1. Discovery Motions
Before filing a non-dispositive non-discovery motion, the movant must notify other parties at least two days in advance and offer an opportunity to consent.
At least two days prior to filing a non-dispositive non-discovery motion, the moving party must contact the other parties to inform them of the moving party’s intent to file the motion and give the non-moving parties the opportunity to consent.
Civil cases
Page 5 | A. Non-Dispositive Motions > 2. Non-Discovery Motions
For dispositive motions on consent before Judge Kuo, a pre-motion conference request is required with a 3-page motion summary, 3-page responses due in 5 business days, no replies, and modifiable response timing.
A motion requesting a pre-motion conference is required before any dispositive motion may be filed. The request must be accompanied by a summary of the proposed motion, not to exceed three (3) pages. Responses are limited to three (3) pages and must be filed within five (5) business days of the request. Replies are not permitted. The time in which to respond may be modified at the request of the parties or sua sponte.
Civil cases
Page 6 | For all dispositive motions before Judge Kuo on consent
When needed, the court sets the dispositive-motion briefing schedule at the pre-motion conference.
A briefing schedule for the motion will be set at the pre-motion conference, if necessary.
Civil cases
Page 6 | For all dispositive motions before Judge Kuo on consent
No court pre-motion conference is required for non-dispositive non-discovery motions.
No pre-motion conference with the Court is required before making non-dispositive non-discovery motions.
Civil cases
Page 5 | A. Non-Dispositive Motions > 2. Non-Discovery Motions
Adjournment & Extension Requirements
Adjournment requests must state the original conference date, the number of prior requests, and the reason for the request.
Each request must state: a. the original date of the conference (if for an adjournment) and the number of previous requests; b. the reason for the request;
Civil cases
Page 3 | Requests to Adjourn or Otherwise Change a Conference
Extension requests must be made at least two business days before the relevant deadline unless there is an emergency.
Absent an emergency, requests must be made at least two (2) business days prior to the deadline for which an extension is sought.
Civil cases
Page 4 | Extensions of Time
If an adjournment request affects other deadlines, a revised proposed discovery plan/scheduling order must be attached.
If a requested adjournment affects any other scheduled dates or deadlines, a Revised Proposed Discovery Plan/Scheduling Order must be attached.
Civil cases
Page 4 | Requests to Adjourn or Otherwise Change a Conference
Extension requests must include the original deadline, reason, number of prior requests, and other parties’ consent position or efforts to obtain it.
Each request must state: 1. the original deadline; 2. the reason for the request; 3. the number of previous requests; and 4. whether the other parties consent, and, if not, the reasons given for not consenting; or if the other parties could not be reached for input, efforts made to reach those parties.
Civil cases
Page 4 | Extensions of Time
Adjournment requests must be filed at least two business days before the conference unless there is an emergency.
Absent an emergency, requests must be made at least two (2) business days prior to the conference.
Civil cases
Page 4 | Requests to Adjourn or Otherwise Change a Conference
If an extension affects other deadlines, the request must include a revised proposed discovery plan/scheduling order and should also seek adjournment of affected conferences.
If a requested extension affects any other scheduled dates or deadlines, a revised Proposed Discovery Plan/Scheduling Order must be attached, and the requesting party should also request to adjourn any scheduled conferences believed to be affected.
Civil cases
Page 4 | Extensions of Time
Chambers Communication Rules
Telephone calls to Chambers are prohibited except for matters requiring immediate attention.
Telephone calls to Chambers are not permitted except when immediate attention is required.
Civil cases
Page 1 | Communications with Chambers
All communications with Chambers must be through the Court’s Electronic Case Filing system (ECF).
All communications with Chambers must be through the Court’s Electronic Case Filing system (ECF).
Civil cases
Page 1 | Communications with Chambers
Counsel are required to file all documents electronically through ECF.
Counsel must file all documents via ECF.
Civil cases
Page 2 | Mandatory Electronic Case Filing (ECF)
Adjournment or conference-change requests must be filed on ECF as a Motion using a letter format, not as an ECF Letter filing.
All requests for adjournment of a court date or other changes (such as a request to appear by telephone) must be made by letter and filed via ECF as a “Motion,” not a Letter.
Civil cases
Page 3 | Requests to Adjourn or Otherwise Change a Conference
Confidential ex parte settlement statements must be emailed to Chambers at least seven business days before the settlement conference unless the Court directs otherwise.
Confidential ex parte settlement statements must be e-mailed to Chambers (kuo_chambers@nyed.uscourts.gov) at least seven (7) business days before the conference, except as otherwise directed by the Court.
Civil cases
Page 3 | Settlement Conferences
Extension requests must be filed on ECF as a Motion using a letter format.
All requests for an extension of time to file or respond by a court-imposed deadline must be made by letter and filed via ECF as a “Motion.”
Civil cases
Page 4 | Extensions of Time
Under no circumstances should counsel make a request for adjournment by telephone. (Counsel may, however, call the Court’s attention to a last-minute emergency request after it is filed on ECF.)
Under no circumstances should counsel make a request for adjournment by telephone. (Counsel may, however, call the Court’s attention to a last-minute emergency request after it is filed on ECF.)
Civil cases
Page 4 | Requests to Adjourn or Otherwise Change a Conference
Email to Chambers is allowed only for confidential settlement statements or when otherwise directed by the Court.
E-mails are permitted only for sending confidential settlement statements to Chambers, or as otherwise directed by the Court.
Civil cases
Page 1 | Communications with Chambers
Fax communications are prohibited unless Chambers gives prior permission.
Faxes are not permitted except with the prior permission of Chambers.
Civil cases
Page 1 | Communications with Chambers
For ECF technical issues, parties must call the ECF Help Desk and not Chambers.
If you are encountering difficulties using ECF, call the ECF Help Desk at 718.613.2312 for assistance. Do not call Chambers.
Civil cases
Page 2 | Mandatory Electronic Case Filing (ECF)