Judge Seth D. Eichenholtz
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 3 copies • At Final Pretrial Conference
Adjournments
- Requests to change an in-person conference to virtual are treated as adjournments and require good cause plus compliance with the two-business-day timing and content requirements.
- Adjournment and extension requests must be filed as motions on ECF at least two business days before the relevant date.
- Late adjournment or extension requests must include a good-faith explanation and be accompanied by telephone notice to Chambers.
- Parties seeking an adjournment of a case management deadline should propose a revised schedule addressing all deadlines impacted by the extension. Parties seeking the adjournment of a conference should propose at least three new dates for the conference when all parties are available.
- Adjournment or extension requests must include the existing date, prior request history, consent position, and impact on other court dates.
- +1 more
Request must include
Communication
Chambers
Phone
Chambers
Page & Word Limits3 rules
Each party’s portion of the joint submission shall be limited to three pages (up to six total pages in the joint letter).
- Page limit
- Up to 3 pages per party
The ex parte letters shall be limited to five (5) pages exclusive of attachments.
- Page limit
- Up to 5 pages
Excluded from page count
- •Attachments
To request a pre-motion conference, the moving party is to file and serve a pre-motion conference letter, not to exceed three (3) pages, setting forth the basis for the anticipated motion.
- Pre-motion conference letter
- Up to 3 pages
Document Format Requirements3 rules
All memoranda must be filed in a text-searchable format.
- Brief
Formatting
- •Text-searchable format
That party should also send a copy of the proposed order to Chambers (Eichenholtz_chambers@nyed.uscourts.gov) in Microsoft Word format.
- File type
- Word
- Proposed order
These pre-trial submissions should also be sent to Chambers via email (Eichenholtz_chambers@nyed.uscourts.gov) in Microsoft Word format.
- File type
- Word
Formatting
- •Send to Chambers via email at Eichenholtz chambers@nyed.uscourts.gov.
Document Filing Requirements12 rules
Any attorney appearing before the Court must first enter a notice of appearance on ECF prior to their first appearance.
At least seven (7) days before the Initial Conference the parties must file on ECF a joint proposed discovery plan using the model provided by the Court.
A party proposing edits to the form confidentiality order must submit an explanatory letter, a redline, and a clean version.
Court's wording
If any party seeks to change the language of the form order, the party proposing the changes must submit (1) a letter explaining the basis for the proposed changes and setting forth the parties’ positions on those changes; (2) a redlined version of the confidentiality order identifying the proposed changes; and (3) a clean version of the proposed confidentiality order.
Counsel should note that the rule now provides a word limit (as opposed to a page limit) in most cases and requires a certification of the word count.
Must include
- •Word count
In civil cases, the joint proposed pre-trial order must be submitted within 60 days after discovery closes and must include at least the full caption and trial counsel contact details.
- Document
- Pretrial order
Must include
- •Caption
Court's wording
Unless otherwise ordered by the Court, within sixty (60) days from the date for the completion of discovery in a civil case, the parties shall submit to the Court a joint proposed pre-trial 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;
The pretrial order must include an exhibit table with objections/responses, pre-marked exhibits, and only listed exhibits are admissible absent good cause.
Court's wording
A table by each party of exhibits to be offered in the party’s case-in-chief, with an indication as to whether any party objects to any such exhibits and a brief statement of the nature of the objection (e.g., “relevance,” “authenticity,” “hearsay”), and a brief response to those objections. The table format below should be followed: Exhibit Description Objection(s) Brief response to the Objection(s) All exhibits must be pre-marked in the order in which they are expected to be used (using numerals for Plaintiff’s exhibits and letters for Defendant’s exhibits). Parties are expected to resolve before trial all issues of authenticity or chain of custody. Only exhibits listed will be received in evidence, except for good cause shown.
Each party must provide a detailed witness list in the pretrial order, and only listed witnesses may testify absent prompt notice and good cause.
Court's wording
A statement by each party as to the witnesses whose testimony is to be offered in the party’s case-in-chief, indicating whether such witnesses will testify in person or by deposition. The statement should also include a brief narrative of the expected testimony for each witness. Only listed witnesses will be permitted to testify except when prompt notice has been given and good cause shown;
For jury trials, proposed jury instructions, voir dire questions, and a jury verdict sheet shall be filed at least ten (10) days prior to the start of the trial unless otherwise ordered by the Court.
To the extent the parties need to file discovery requests and responses as exhibits to their letter, they must file only those requests and responses relevant to the motion.
When using the form confidentiality order, parties should file it as a consent motion with a cover letter explaining covered information and requesting endorsement.
- Document
- Consent motion
Should include
- •Proposed order
Court's wording
If the parties consent to the form order, they should file the proposed order signed by the parties via ECF as a “consent motion,” along with a cover letter detailing the kinds of information that will be subject to the order and asking the Court to endorse the stipulation.
Ex parte settlement letters should include exchanged offers, merits assessment, supporting legal authority, settlement obstacles, and requested special settlement terms.
Court's wording
The ex parte settlement letters should include the following: (a) the demand(s) and offer(s) exchanged thus far; (b) the strengths and weakness of the party’s case; (c) any legal arguments in support of their settlement position and valuation of the case with citations to relevant authorities (including relevant verdicts, decisions, and settlements); (d) what, in the party’s view, are the obstacles to resolving the case; and (e) any additional information that the party believes will be helpful to the Court in trying to resolve the case, which must include any special terms the party is requesting as part of a final settlement agreement (confidentiality, indemnification, etc.).
For non-jury trials, if the Court requests a pretrial memorandum, it shall be filed at least ten (10) days prior to the start of the trial. The memorandum should describe the facts the party intends to establish and the application of those facts to the relevant law. Parties need not put citations to evidence in a pre-trial memorandum.
Filing & Service rules
Courtesy Copy Requirements
Each party must provide three tabbed binders of pre-marked exhibits at the final pretrial conference, after exchanging exhibits with the opposing party.
Unless otherwise ordered by the Court, each party shall provide the Court with three binders of their pre-marked exhibits with tabs reflecting each exhibit’s corresponding number or letter. The parties shall bring their binders to the final pre-trial conference. All exhibits, including demonstrative exhibits, should be exchanged with the opposing party prior to submitting the courtesy copy binder to the Court
Page 10 | C. Courtesy Copies of Trial Exhibits
Unless specifically directed otherwise, parties should not provide courtesy copies of documents filed by ECF to Chambers.
Unless specifically directed otherwise, parties should not provide courtesy copies of documents filed by ECF to Chambers.
Page 1 | II.A. Electronic Case Filing (ECF)
Filing Bundling Requirements
Motion papers must be filed when served, and bundling filings until fully briefed is not permitted.
Motion papers shall be filed promptly at the time of service. Parties should not hold motion papers until all papers are complete. The Court does not follow a “bundling rule.”
Page 8 | B. Motion Papers
Pre-Motion Conference Requirements
Discovery-dispute joint letters must include the dispute nature, each party’s factual/legal position, and good-faith meet-and-confer efforts.
The letter must describe (1) the nature of the dispute; (2) each party’s position regarding the facts and law surrounding the dispute; and (3) a description of the parties’ efforts to resolve the dispute in good faith prior to filing the motion.
Page 4 | CIVIL DISCOVERY PRACTICES
Before judicial intervention on other discovery disputes, parties must file a single joint letter on ECF as a motion seeking a discovery conference.
For all other discovery disputes requiring judicial intervention, the parties must file a single letter, jointly composed. The letter should be filed on ECF using the “motion” event, describing the motion as seeking a discovery conference.
Page 4 | CIVIL DISCOVERY PRACTICES
Opposing parties must file a response letter within five business days, limited to three pages, and no replies are allowed.
All parties served with the moving party’s pre-motion conference letter are required to serve and file a letter response within five (5) business days of service of the moving party’s letter, unless otherwise ordered by the Court. The response shall not exceed three (3) pages. Replies are not permitted.
Page 7 | A. Pre-Motion Conferences
Pre-motion conferences are mandatory before specified dispositive and venue/amendment motions, except in Social Security and habeas cases.
Pre-motion conferences are not required in Social Security appeals or habeas cases. In all other cases, a party must request a pre-motion conference before filing any dispositive motion pursuant to Fed. R. Civ. P. 12 or 56; any motion for a change of venue; or a motion to amend a pleading pursuant to Fed. R. Civ. P. 15 when leave of court is required.
Page 7 | A. Pre-Motion Conferences
For anticipated Rule 56 motions, no full Local Rule 56.1 statement is required with the pre-motion letter, but the letter must describe the general undisputed material facts.
If the pre-motion conference letter is filed in anticipation of a motion pursuant to Fed. R. Civ. P. 56, the party does not need to file a full statement of facts on a motion for summary judgment (a Local Civil Rule 56.1 Statement) at the time of the pre-motion conference letter, but the letter must describe the general undisputed material facts that will support the motion.
Page 7 | A. Pre-Motion Conferences (Footnote 4)
A Rule 56 pre-motion response letter must describe factual disputes and identify admissible supporting evidence.
Any letter in response from a party opposing an anticipated motion pursuant to Fed. R. Civ. P. 56 must include a description of the dispute(s) of fact that will serve as a basis for opposing summary judgment and the admissible evidence that supports the dispute.
Page 7 | A. Pre-Motion Conferences (Footnote 5)
Filing a pre-motion letter for leave to make a pre-answer dismissal motion stays the deadline to answer or otherwise move against the complaint until the conference date.
A party’s submission of a pre-motion letter seeking leave to file a pre-answer motion to dismiss will stay that party’s obligation to answer or move against the complaint through the date of the pre-motion conference.
Page 7 | A. Pre-Motion Conferences
In limine motions must be filed 15 days before trial with disputed documents attached, responses are due 5 days later, and oral argument is scheduled if needed.
All motions addressing any evidentiary or other issues that should be resolved in limine shall be filed at least fifteen (15) days before the trial unless otherwise ordered by the Court. Parties must provide the Court with copies of any disputed documents as exhibits to the motion. Responses, if any, shall be due five (5) days later. Oral argument will be scheduled if necessary.
Page 10 | Not specified (trial motion practice)
Motions to compel filed later than 30 days before discovery closes are untimely absent unforeseen circumstances.
Absent unforeseen circumstances, applications to compel discovery made later than thirty (30) days prior to the close of discovery will be considered untimely.
Page 4 | CIVIL DISCOVERY PRACTICES
For other non-dispositive motions, parties should first attempt good-faith resolution, then file a letter motion or request a conference before moving.
For all other non-dispositive motions, after first exhausting good faith efforts to resolve the dispute, a party should file a letter motion when permitted under Local Civil Rule 7.1(e) or, alternatively, request a conference about the dispute in anticipation of filing a motion.
Page 6 | NON-DISPOSITIVE MOTIONS
The letter shall include citations to relevant authority and should provide a brief overview of the anticipated motion.
The letter shall include citations to relevant authority and should provide a brief overview of the anticipated motion.
Page 7 | A. Pre-Motion Conferences
A party may bypass delay from these procedures and file on the federal deadline if good-faith delay would forfeit a substantive right, but must explain why.
If any party concludes in good faith that delaying the filing of a motion, in order to comply with any aspect of these Individual Practices and Rules, will deprive the party of a substantive right (e.g. the timing provisions of Fed. R. App. P. 4(a)(4)(A)), the party may file the motion within the time required by the Federal Rules of Civil or Appellate Procedure, together with an explanation of the basis for that conclusion.
Page 8 | A. Pre-Motion Conferences
Adjournment & Extension Requirements
Adjournment or extension requests must include the existing date, prior request history, consent position, and impact on other court dates.
Any adjournment or extension request must include the following information: (1) the appearance date or deadline you wish to adjourn or extend; (2) the number of previous requests for adjournment or extension (by any party); (3) whether those previous requests were granted or denied; (4) whether the other party or parties consent (including any reasons given for withholding consent); and (5) whether the request affects any other scheduled Court appearance or deadline.
Page 2 | III.B. Required Contents
Requests to change an in-person conference to virtual are treated as adjournments and require good cause plus compliance with the two-business-day timing and content requirements.
Any request to convert an in-person conference to a virtual (telephone or video) conference is considered a request to adjourn. Because the Court is intentional in the format it selects for conferences, the request must contain good cause for the change in format and comply with the requirements in III.A and B, including that the request be filed at least two (2) business days prior to the conference.
Page 2 | III. REQUESTS FOR ADJOURNMENTS OR, EXTENSIONS OF TIME
Adjournment and extension requests must be filed as motions on ECF at least two business days before the relevant date.
All requests for adjournments 2 or extensions of time shall be filed on ECF as a “Motion” (not a “Letter”) at least two (2) business days prior to the scheduled appearance or deadline.
Page 2 | III.A. Timing
Late adjournment or extension requests must include a good-faith explanation and be accompanied by telephone notice to Chambers.
Parties who do not meet this deadline must provide a good faith basis for the late request and must notify Chambers by telephone about the filing of a late request.
Page 2 | III.A. Timing
Filing an adjournment or extension request does not pause existing deadlines or conference dates unless the Court grants the request.
The filing of an adjournment or extension request does not stay existing deadlines and conference dates. Unless the Court grants an adjournment or extension, parties must adhere to all existing conference dates and scheduling deadlines.
Page 3 | REQUESTS FOR ADJOURNMENTS OR, EXTENSIONS OF TIME
Parties seeking an adjournment of a case management deadline should propose a revised schedule addressing all deadlines impacted by the extension. Parties seeking the adjournment of a conference should propose at least three new dates for the conference when all parties are available.
Parties seeking an adjournment of a case management deadline should propose a revised schedule addressing all deadlines impacted by the extension. Parties seeking the adjournment of a conference should propose at least three new dates for the conference when all parties are available.
Page 2 | III.B. Required Contents
Chambers Communication Rules
All parties shall immediately notify Chambers by telephone or e-mail if (1) any party has reason to believe that there may be grounds that Judge Eichenholtz should be recused from a pending matter or (2) where a case has settled, when unable to promptly notify the Court by ECF.
All parties shall immediately notify Chambers by telephone or e-mail if (1) any party has reason to believe that there may be grounds that Judge Eichenholtz should be recused from a pending matter or (2) where a case has settled, when unable to promptly notify the Court by ECF.
Page 2 | II.D. Required Notification to Chambers
For unresolved disputes during depositions, parties must call Chambers with all parties on the line and may not stop the deposition without contacting the Court.
In the event the parties are unable to resolve a dispute during an ongoing deposition, the parties are directed to contact Chambers by telephone with all parties on the line. The Court will either resolve the matter or instruct the parties on how to proceed. If the Court is not immediately available to address the dispute, the parties should continue the deposition to the extent possible while waiting for the Court’s response. Under no circumstances should the parties discontinue the deposition without contacting the Court.
Page 4 | CIVIL DISCOVERY PRACTICES
Parties must submit ex parte settlement letters to Chambers by email.
parties shall submit ex parte settlement letters to Chambers by email to Eichenholtz_chambers@nyed.uscourts.gov.
Page 6 | SETTLEMENT
Telephone contact with Chambers is limited to authorized circumstances or emergencies.
Parties may contact Chambers by telephone only as permitted in these rules, as instructed by the Court, or in emergency situations requiring immediate attention.
Page 1 | II.B. Telephone Calls
Parties must communicate with the Court through ECF unless an exception applies.
Except as provided below, parties must use the Electronic Case Filing (ECF) system to communicate with the Court.
Page 1 | II. COMMUNICATIONS WITH CHAMBERS
Email to Chambers is prohibited unless specifically authorized by rule or court instruction.
E-mail messages to Chambers are not permitted, except as specified in these rules or as instructed by the Court.
Page 2 | II. COMMUNICATIONS WITH CHAMBERS
That party should also send a copy of the proposed order to Chambers (Eichenholtz_chambers@nyed.uscourts.gov) in Microsoft Word format.
That party should also send a copy of the proposed order to Chambers (Eichenholtz_chambers@nyed.uscourts.gov) in Microsoft Word format.
Page 5 | CIVIL DISCOVERY PRACTICES
If, for some reason, the parties cannot promptly file a letter by ECF, they should immediately call or e-mail Chambers to advise of the settlement.
If, for some reason, the parties cannot promptly file a letter by ECF, they should immediately call or e-mail Chambers to advise of the settlement.
Page 6 | SETTLEMENT
Chambers may be contacted by email at the listed address for transmitting these pre-trial submissions.
These pre-trial submissions should also be sent to Chambers via email (Eichenholtz_chambers@nyed.uscourts.gov) in Microsoft Word format.
Page 10 | Not specified (jury trial requirements)
When a deadline is approaching, parties may call Chambers to alert the Court that an adjournment or extension request is urgent.
In the event a deadline is approaching, a party may contact Chambers by telephone to advise the Court of the urgency of addressing the adjournment or extension request.
Page 3 | REQUESTS FOR ADJOURNMENTS OR, EXTENSIONS OF TIME