Judge Barbara Moses

Counsel for each party must complete and sign the form, email it to the Court, and send copies to all other parties at the same time, no later than seven calendar days before the settlement conference.

Counsel of record for each party must complete and sign this form and email it to the Court at Moses_NYSDChambers@nysd.uscourts.gov, with copies sent simultaneously to all other parties, no later than one week (seven calendar days) before the parties’ scheduled settlement conference.

Civil cases

Page 1 | ACKNOWLEDGMENT FORM-SETTLEMENT CONFERENCE

The completed form must be emailed no later than seven calendar days before the scheduled settlement conference.

Counsel of record for each party must complete and sign this form and email it to the Court at Moses_NYSDChambers@nysd.uscourts.gov, with copies sent simultaneously to all other parties, no later than one week (seven calendar days) before the parties’ scheduled settlement conference.

Civil cases

Page 1 | ACKNOWLEDGMENT FORM-SETTLEMENT CONFERENCE

Copies of the completed form must be sent to all other parties simultaneously with its email to the Court.

Counsel of record for each party must complete and sign this form and email it to the Court at Moses_NYSDChambers@nysd.uscourts.gov, with copies sent simultaneously to all other parties, no later than one week (seven calendar days) before the parties’ scheduled settlement conference.

Civil cases

Page 1 | ACKNOWLEDGMENT FORM-SETTLEMENT CONFERENCE

Courtesy copy required for letters/letter-motions with more than one attachment, delivered to chambers with ECF header and tabs.

If a letter or letter-motion includes more than one attachment or exhibit, a paper courtesy copy of the entire submission, marked as such, must be promptly delivered to chambers by mail, overnight courier, or hand delivery. The courtesy copy should bear the ECF header generated at the time of electronic filing and include tabs for the attachments.

Civil cases

Page 2 | 1. Communications with Chambers - Word Limits; Courtesy Copies; Service

Courtesy copies required for letters/motions with multiple attachments

If a letter or letter-motion includes more than one attachment or exhibit, a paper courtesy copy of the entire submission, marked as such, must be promptly delivered to chambers by mail, overnight courier, or hand delivery. The courtesy copy should bear the ECF header generated at the time of electronic filing and include tabs for the attachments.

Civil cases

Page 2 | Communications with Chambers

Courtesy copies of formal motions must be delivered promptly after filing.

Paper courtesy copies of all formal motion papers, marked as such, must be delivered by hand, mail, or courier promptly after filing.

Civil cases

Page 4 | Courtesy Copies

Paper courtesy copies of formal motion papers must be delivered promptly after filing with ECF header and tabs.

g. Courtesy Copies. Paper courtesy copies of all formal motion papers, marked as such, must be delivered by hand, mail, or courier promptly after filing. Courtesy copies should bear the ECF header generated at the time of electronic filing and include protruding tabs for any exhibits. Bulky materials should be neatly bound or placed in 3-ring binders with appropriate dividers.

Civil cases

Sealing requires court permission sought via letter-motion filed electronically on ECF.

Filing under seal requires permission of the Court, which may be sought via letter-motion. The letter-motion requesting approval of sealed or redacted filings and the document(s) as to which sealing is requested must be filed electronically on ECF in compliance with standing order No. 19-mc-00583 and § 6 of the SDNY ECF Rules & Instructions.

Civil cases

Page 5 | Sealing Motions

For redacted documents: file redacted version publicly and unredacted version under seal with highlights.

If the letter-motion seeks approval to redact information from a document that is otherwise to be publicly filed, the filing party shall: (a) publicly file the document in the proposed redacted form, and (b) electronically file under seal a copy of the unredacted document, with the proposed redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.

Civil cases

Page 5 | Sealing Motions

Documents sought to be sealed must be filed contemporaneously under seal on ECF and related to the letter-motion.

The document(s) as to which sealing is requested must be contemporaneously filed under seal on ECF and electronically related to the letter-motion. The summary docket text, but not the sealed document, will be open to public inspection and therefore should not include confidential information sought to be filed under seal.

Civil cases

Page 5 | Sealing Motions

Redacted documents must be publicly filed with unredacted version under seal

If the letter-motion seeks approval to redact information from a document that is otherwise to be publicly filed, the filing party shall: (a) publicly file the document in the proposed redacted form, and (b) electronically file under seal a copy of the unredacted document, with the proposed redactions highlighted.

Civil cases

Sealing/redaction must be narrowly tailored and consistent with public access presumption

To be approved, any sealing or redaction of a court filing must be narrowly tailored to serve the purpose that requires the sealing or redaction and must be otherwise consistent with the presumption in favor of public access to judicial documents described in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006).

Civil cases

Documents to be sealed must be filed under seal and related to letter-motion

The document(s) as to which sealing is requested must be contemporaneously filed under seal on ECF and electronically related to the letter-motion.

Civil cases

Sealed/redacted filings require letter-motion filed electronically on ECF

The letter-motion requesting approval of sealed or redacted filings and the document(s) as to which sealing is requested must be filed electronically on ECF in compliance with standing order No. 19-mc-00583 and § 6 of the SDNY ECF Rules & Instructions.

Civil cases

Letter-motion for sealing must be filed publicly with explanation

The letter-motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal, and should not include any of the confidential information sought to be filed under seal.

Civil cases

Opposing parties must respond to sealing/redaction requests via ECF

If a sealing or redaction request is based on another party's designation of documents or information as "confidential," or if any party opposes the sealing or redaction request, that other party shall respond to the requesting party's letter-motion via ECF on the schedule set forth above in § 2(e).

Civil cases

Confidential information should be separated via redaction when possible.

Where the confidential portion is reasonably separable from the non-confidential portion, via redaction or otherwise, only the confidential portion shall be so designated.

Civil cases

Page 2 | Discovery Materials May Be Designated as Confidential

No presumption that confidential discovery materials will be filed under seal; parties must follow individual judge practices for pretrial sealing requests.

Notwithstanding the designation of material as "Confidential" in discovery, there is no presumption that such Confidential Discovery Material will be filed with the Court under seal. The parties shall follow the individual practices of the Magistrate or District Judge to whom they direct pretrial requests for filing under seal.

Civil cases

Page 4 | Filing Confidential Materials in this Action

Motions to compel production of inadvertently disclosed privileged information must be filed under seal.

If a receiving person files a motion to compel production of the Inadvertently Disclosed Information, that motion shall be filed under seal, and shall not assert as a ground for entering such an order the mere fact of the inadvertent production.

Civil cases

Page 6 | Inadvertent Disclosure of Privileged Materials

Protective order survives termination; confidential materials must be returned or destroyed within 30 days.

This Protective Order shall survive the termination of the litigation. Within 30 days of the final disposition of this action, all Confidential Discovery Material and all copies thereof, shall be promptly returned to the producing person, or, upon permission of the producing person, destroyed.

Civil cases

Disclosing party must produce privilege log within 5 business days of return/destruction.

Within five (5) business days of the notification that such Inadvertently Disclosed Information has been returned or destroyed, the disclosing person shall produce a privilege log with respect to the Inadvertently Disclosed Information.

Civil cases

Receiving parties must return/destroy inadvertently disclosed privileged info within 5 business days.

If a disclosing person makes a claim of inadvertent disclosure, all receiving persons shall, within five (5) business days, return or destroy all copies of the Inadvertently Disclosed Information, and provide a certification of counsel that all such information has been returned or destroyed.

Civil cases

Discovery confidentiality designation alone does not justify sealing/redaction

The parties are cautioned that the designation of documents as "confidential" for discovery purposes does not, without more, justify a sealing or redaction order.

Civil cases

No presumption of sealing for confidential discovery materials; follow individual judge's practices.

Notwithstanding the designation of material as “Confidential” in discovery, there is no presumption that such Confidential Discovery Material will be filed with the Court under seal. The parties shall follow the individual practices of the Magistrate or District Judge to whom they direct pretrial requests for filing under seal.

Civil cases

Any person who either objects to any designation of confidentiality, or who, by contrast, requests still further limits on disclosure (such as “attorneys’ eyes only,” reserved for extraordinary circumstances), may at any time prior to the trial of this action serve upon the designating person and all other parties a written notice stating with particularity the grounds of the objection or request. If agreement cannot be reached promptly, counsel for all affected persons shall request a joint telephone call with the Court to obtain a ruling.

Any person who either objects to any designation of confidentiality, or who, by contrast, requests still further limits on disclosure (such as “attorneys’ eyes only,” reserved for extraordinary circumstances), may at any time prior to the trial of this action serve upon the designating person and all other parties a written notice stating with particularity the grounds of the objection or request. If agreement cannot be reached promptly, counsel for all affected persons shall request a joint telephone call with the Court to obtain a ruling.

Civil cases

No court permission needed for Rule 5.2 redactions (SSN, birth dates, minor names, financial accounts).

Notwithstanding the foregoing, no leave is required to redact all but the last four digits of an individual's social-security number or taxpayer-identification number, the day and month of an individual's birth, the name of an individual known to be a minor, or all but the last four digits of a financial-account number, consistent with Fed. R. Civ. P. 5.2.

Civil cases

Page 6 | Sealing Motions

No leave required for redactions under Fed. R. Civ. P. 5.2

No Leave Required to Comply with Fed. R. Civ. P. 5.2. Notwithstanding the foregoing, no leave is required to redact all but the last four digits of an individual's social-security number or taxpayer-identification number, the day and month of an individual's birth, the name of an individual known to be a minor, or all but the last four digits of a financial-account number, consistent with Fed. R. Civ. P. 5.2.

Civil cases

Inadvertent disclosure of privileged materials does not waive privilege.

If, in connection with this litigation, and despite having taken reasonable steps to prevent the disclosure of information that it claims is subject to a claim of attorney- client privilege or attorney work product, a producing person inadvertently discloses information subject to a claim of attorney-client privilege or attorney work product protection (“Inadvertently Disclosed Information”), such disclosure, in itself, shall not constitute or be deemed a waiver or forfeiture of any claim of privilege or work product protection with respect to the Inadvertently Disclosed Information and its subject matter.

Civil cases

Meet and confer required before filing sealed/redacted materials

The party seeking leave to file sealed or redacted materials should meet and confer with any opposing parties (or third parties seeking request. When a party seeks leave to file sealed or redacted materials on the ground that an opposing party or third party has requested it, that party shall notify the opposing party or third party that it must file, within three court days, a letter explaining the need to seal or redact the materials.

Civil cases

Opposition to letter-motions due within 3 court days; reply within 2 court days.

Unless the Court has ordered otherwise or the parties have agreed to a different briefing schedule, any opposition to a letter-motion shall be filed within three court days of the moving letter, and any reply shall be filed within two court days of the opposition.

Civil cases

Discovery motions require good faith real-time conference before filing.

No discovery dispute will be heard unless the moving party (including a non-party seeking relief from a subpoena) has first conferred in good faith and in "real time" (e.g., in person or by telephone) with the adverse party or parties, in an attempt to resolve the dispute. An exchange of letters or email alone does not satisfy this requirement.

Civil cases

Formal motion briefing schedule follows Local Civ. R. 6.1 unless otherwise ordered.

Unless the Court has ordered otherwise or the parties have agreed to a different briefing schedule, opposition and reply papers with respect to formal motions will be due in accordance with Local Civ. R. 6.1.

Civil cases

Pre-motion conferences are optional for non-discovery motions and may be requested by letter-motion.

d. Pre-Motion Conferences. For motions other than discovery motions, pre- motion conferences are not required, but may be requested by letter-motion where counsel believe that an informal conference with the Court may obviate the need for the motion or narrow the issues in dispute.

Civil cases

Letter-motions must be filed using the letter-motion option for specific requests

Letter-motions, as permitted by Local Civ. R. 7.1(d) and § 13.1 of the SDNY ECF Rules & Instructions, should be filed using the "letter-motion" option, listed under "motion." In particular, parties should file as letter-motions all requests for pre-motion conferences, adjournments, extensions, increased page limits, and other relief that may be granted without a hearing.

Civil cases

Page 1 | Communications with Chambers

Discovery letter-motions must include verbatim disputed requests and responses.

The letter-motion must set forth verbatim each discovery request and response in contention in accordance with Local Civ. R. 37.1 and 5.1. This requirement may be satisfied by attaching the relevant request(s) and response(s) to the letter-motion.

Civil cases

Page 3 | Discovery Motions

Discovery motions require good faith meet-and-confer in real time before filing.

No discovery dispute will be heard unless the moving party (including a non-party seeking relief from a subpoena) has first conferred in good faith and in "real time" (e.g., in person or by telephone) with the adverse party or parties, in an attempt to resolve the dispute. An exchange of letters or email alone does not satisfy this requirement.

Civil cases

Page 3 | Discovery Motions

Discovery letter-motions must certify meet-and-confer and detail conference specifics.

The letter-motion must succinctly set forth the basis of the dispute and the relief sought, certify that the required good faith conference took place, and state: (1) the date, time, and duration of the parties' conference; (2) the names of the counsel who participated; and (3) the position of any relevant adverse party as to each contested issue.

Civil cases

Page 3 | Discovery Motions

Adjournment/extension requests must be made by letter-motion

Requests to adjourn a court conference or other court proceeding or to extend a deadline must be made by

Civil cases

Page 2 | Motions

Adjournment requests must be made at least 4 days in advance with 2 proposed dates.

Requests for extension of a deadline must be made in advance of the deadline to be extended. Absent unforeseeable emergencies, requests for adjournment of a court conference or other proceeding must be made at least four days in advance of the proceeding to be adjourned, and must include at least two proposed dates, on which all counsel are available, for the adjourned proceeding.

Civil cases

Page 3 | Adjournment Requirements

Adjournment requests must be made at least 4 days in advance with two proposed dates.

Absent unforeseeable emergencies, requests for adjournment of a court conference or other proceeding must be made at least four days in advance of the proceeding to be adjourned, and must include at least two proposed dates, on which all counsel are available, for the adjourned proceeding.

Civil cases

Extension requests must be made before the deadline; adjournments require 4 days notice with proposed dates.

Requests for extension of a deadline must be made in advance of the deadline to be extended. Absent unforeseeable emergencies, requests for adjournment of a court conference or other proceeding must be made at least four days in advance of the proceeding to be adjourned, and must include at least two proposed dates, on which all counsel are available, for the adjourned proceeding.

Civil cases

Except as otherwise provided below, communications with the Court (other than during conferences, hearings, or trials) should be by motion or letter, filed on ECF. Except for confidential settlement letters, discussed in § 1(e) below, or as specifically directed by chambers in advance, the Court will not accept letters or motions from counseled parties by email, fax, telephone, or hard copy mailed or delivered directly to chambers.

Except as otherwise provided below, communications with the Court (other than during conferences, hearings, or trials) should be by motion or letter, filed on ECF. Except for confidential settlement letters, discussed in § 1(e) below, or as specifically directed by chambers in advance, the Court will not accept letters or motions from counseled parties by email, fax, telephone, or hard copy mailed or delivered directly to chambers.

Civil cases

Page 1 | Communications with Chambers

Except as otherwise provided below, communications with the Court (other than during conferences, hearings, or trials) should be by motion or letter, filed on ECF. Except for confidential settlement letters, discussed in § 1(e) below, or as specifically directed by chambers in advance, the Court will not accept letters or motions from counseled parties by email, fax, telephone, or hard copy mailed or delivered directly to chambers.

Except as otherwise provided below, communications with the Court (other than during conferences, hearings, or trials) should be by motion or letter, filed on ECF. Except for confidential settlement letters, discussed in § 1(e) below, or as specifically directed by chambers in advance, the Court will not accept letters or motions from counseled parties by email, fax, telephone, or hard copy mailed or delivered directly to chambers.

Civil cases

Page 1 | 1. Communications with Chambers - Motions and Letters

Ex parte letters required by the Court in advance of a settlement conference should be emailed to the chambers email address, which will be provided in the settlement conference scheduling order.

Ex parte letters required by the Court in advance of a settlement conference should be emailed to the chambers email address, which will be provided in the settlement conference scheduling order.

Civil cases

Page 2 | Communications with Chambers

Pro se parties must submit non-electronic communications to Pro Se Intake Unit, not chambers.

All letters, motions, and other communications to the Court from pro se parties that are not filed electronically must be submitted to the Pro Se Intake Unit, not directly to chambers.

Civil cases

Page 9 | Communications with Chambers

Pro se parties must submit communications to the Pro Se Intake Unit, not directly to chambers.

All letters, motions, and other communications to the Court from pro se parties that are not filed electronically must be submitted to the Pro Se Intake Unit, not directly to chambers.

Civil cases

Page 9 | Communications with Chambers

Joint Pretrial Order must be signed by all parties and include caption and counsel contact info

The proposed Joint Pretrial Order shall be signed by all parties and include the following: i. The full caption of the action. ii. The names and addresses of trial counsel, together with their office and cellular telephone numbers, fax numbers, and email addresses.

Civil cases

Joint Pretrial Order due 30 days after discovery completion or summary judgment decision

Unless the Court has ordered otherwise, the parties shall submit to the Court for its approval a proposed Joint Pretrial Order within 30 days after the date for the completion of discovery, or, if a summary judgment motion has been filed, within 30 days after the decision on the motion.

Civil cases

Non-natural parties must send decision-maker with settlement authority

If a party is a corporation, union, government entity, or other non-natural person, it must send a decision-maker with knowledge of the case, responsibility for determining the amount of any ultimate settlement, and authority to enter into such a settlement.

Civil cases

Parties must attend settlement conferences in person with lead trial attorney

Unless excused in advance, each party must attend the conference in person, accompanied by that party's lead trial attorney.

Civil cases

To seek permission, you must fill out the "Fillable Form for Electronic Devices General Purpose," available on the Southern District of New York's form database, HERE . The completed form should be emailed to chambers using the address above. If Wi-Fi is requested, please submit the form at least two business days prior to your court date.

To seek permission, you must fill out the "Fillable Form for Electronic Devices General Purpose," available on the Southern District of New York's form database, HERE . The completed form should be emailed to chambers using the address above. If Wi-Fi is requested, please submit the form at least two business days prior to your court date.

Page 1 | INSTRUCTIONS FOR ATTORNEYS BRINGING ELECTRONIC DEVICES TO COURT

Correspondence between parties should not be copied to chambers or filed on ECF except as exhibits.

Copies of correspondence between the parties or their counsel should not be copied to chambers, or filed on ECF, except as exhibits to otherwise properly-filed documents.

Civil cases

Page 2 | 1. Communications with Chambers - Letters or Emails between Parties

Non-attorneys cannot bring electronic devices into the courthouse.

The Court is unable to authorize non-attorneys to bring electronic devices into the courthouse.

Page 1 | INSTRUCTIONS FOR ATTORNEYS BRINGING ELECTRONIC DEVICES TO COURT

Telephone calls to chambers permitted for scheduling and calendar matters.

For scheduling and calendar matters, counsel may call chambers at 212-805-0228.

Civil cases

Page 2 | 1. Communications with Chambers - Telephone Calls

Chambers phone number provided for scheduling; otherwise only for urgent matters

For scheduling and calendar matters, counsel may call chambers at 212-805-0228. Otherwise, telephone calls are permitted only for urgent matters requiring immediate attention or to obtain permission to submit a document other than via ECF.

Civil cases

Page 2 | Communications with Chambers

Ex parte settlement letters should be emailed to chambers email address.

Ex parte letters required by the Court in advance of a settlement conference should be emailed to the chambers email address, which will be provided in the settlement conference scheduling order.

Civil cases

Page 2 | 1. Communications with Chambers - Ex Parte Settlement Letters

Permitted hand deliveries may be left with a Court Security Officer at the Worth Street entrance of the Daniel Patrick Moynihan Courthouse. If the matter requires the Court's immediate attention, ask the Court Security Officer to notify chambers that an urgent delivery has arrived.

Permitted hand deliveries may be left with a Court Security Officer at the Worth Street entrance of the Daniel Patrick Moynihan Courthouse. If the matter requires the Court's immediate attention, ask the Court Security Officer to notify chambers that an urgent delivery has arrived.

Civil cases

Page 2 | 1. Communications with Chambers - Hand Delivery

Otherwise, telephone calls are permitted only for urgent matters requiring immediate attention or to obtain permission to submit a document other than via ECF.

Otherwise, telephone calls are permitted only for urgent matters requiring immediate attention or to obtain permission to submit a document other than via ECF.

Civil cases

Page 2 | 1. Communications with Chambers - Telephone Calls

Pro se parties can file documents via drop box, mail, or email to ProSe@nysd.uscourts.gov.

Pro se parties may file pleadings, letters, and other documents with the Court by using any of the following methods: i. Drop off the documents in the drop box located in the lobby of the U.S. Courthouse at 500 Pearl Street, New York, NY, 10007. ii. Mail the documents to the Pro Se Intake Unit at 500 Pearl Street, Room 205, New York, New York, 10007. iii. Email the documents to ProSe@nysd.uscourts.gov.

Civil cases

Page 9 | Communications with Chambers

Pro se parties may file documents via drop box, mail, or email to ProSe@nysd.uscourts.gov.

Pro se parties may file pleadings, letters, and other documents with the Court by using any of the following methods: i. Drop off the documents in the drop box located in the lobby of the U.S. Courthouse at 500 Pearl Street, New York, NY, 10007. ii. Mail the documents to the Pro Se Intake Unit at 500 Pearl Street, Room 205, New York, New York, 10007. iii. Email the documents to ProSe@nysd.uscourts.gov.

Civil cases

Page 9 | Communications with Chambers

Settlement conferences held Mon-Thu at 2:15 PM

Settlement conferences are normally held Monday through Thursday, beginning at 2:15 p.m.

Civil cases

Settlement conferences held in Courtroom 20A

Settlement conferences are normally held in Courtroom 20A.

Civil cases

Pretrial procedures apply only to cases with consent under 28 U.S.C. § 636(c)

The procedures set out below apply only to cases in which the parties have consented pursuant to 28 U.S.C. § 636(c) to have all proceedings before Judge Moses, including trial.

Civil cases

Attorneys with Service Pass may bring one personal device; others need permission for computing devices.

If you are an attorney with a valid SDNY Attorney Service Pass, you may bring one Personal Electronic Device (e.g., a cellphone) into the courtroom. If you are an attorney without a Service Pass, or if you have a Service Pass but wish to bring in a General Purpose Computing Device (e.g., a laptop) in order to advance proceedings before the Court, you must obtain permission from Judge Moses to bring the necessary device(s) into the courtroom.

Page 1 | INSTRUCTIONS FOR ATTORNEYS BRINGING ELECTRONIC DEVICES TO COURT

Chambers email address for submitting electronic device permission forms.

Moses_NYSDChambers@nysd.uscourts.gov

Page 1 | INSTRUCTIONS FOR ATTORNEYS BRINGING ELECTRONIC DEVICES TO COURT

Court encourages junior lawyer participation in proceedings, allowing second lawyer to handle portions of proceedings.

Normally, the Court applies the "one lawyer per party" rule for conferences, hearings, and motion arguments. However, the Court is willing to vary that rule in order to create opportunities for less experienced lawyers to argue or otherwise participate in courtroom proceedings as to matters they have helped prepare, and firms are encouraged to provide such opportunities for the junior members of their teams. Lead counsel should advise the Court at the outset of a proceeding of any request to permit a second lawyer to handle a portion of that proceeding.

Civil cases

Page 8 | Junior Lawyers