Judge Cathy Seibel
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy
- 1 copy • As Soon as Practicable
- Hand Delivery
Hearing Transcript, Deposition Transcript
Indictment, Information, Complaint
- As Soon as Practicable
Letter
- Email • Upon Filing
Adjournments
- Adjournment/extension requests must include original date, previous requests, reasons, adversary consent, and reasons for denial if applicable.
- Extension requests for matters referred to Magistrate Judge must be directed to that Magistrate Judge.
- Adjournment/extension requests must be filed on ECF as letter-motions with courtesy copy to chambers.
- +7 more
Request must include
- Adjournment requests for court appearances must be made at least 3 business days in advance, absent emergency.
- An adjournment request for a court appearance must be made at least three business days beforehand unless there is an emergency.
- Counsel may request an extension of Rule 8018 dates at least three business days before the brief is due.
Communication
Clerk
Chambers
Letter via ECF
Chambers
Phone
Chambers
Page & Word Limits4 rules
The moving party’s Statement of Material Facts Pursuant to Local Civil Rule 56.1 may not exceed 25 double-spaced pages without prior permission of the Court.
- Statement of material facts
- Up to 25 pages
- Format
- Double-spaced
Exception
More pages with leave of court
Memoranda of law limited to 8750 words; reply memoranda limited to 3500 words.
- Memorandum of law
- Up to 8,750 words
- Reply memorandum
- Up to 3,500 words
Court's wording
Unless prior permission has been granted – and except for motions to reconsider, which are governed by Local Rule 6.3 – memoranda of law in support of and in opposition to motions are limited to 8750 words, and reply memoranda are limited to 3500, in accordance with Local Rule 7.1.
Unless prior permission has been granted – and except for motions to reconsider, which are governed by Local Rule 6.3 – memoranda of law in support of and in opposition to motions are limited to 8750 words, and reply memoranda are limited to 3500, in accordance with Local Rule 7.1.
The moving party’s Statement of Material Facts Pursuant to Local Civil Rule 56.1 may not exceed 25 double-spaced pages without prior permission of the Court.
- Rule 56.1 statement
- Up to 25 pages
- Format
- Double-spaced
Exception
More pages with leave of court
Document Format Requirements12 rules
Memoranda of 10+ pages require TOC/TOA; must be double-spaced, 12-pt font, 1-inch margins.
- Memorandum of law
- At least 10 pages
- Font size
- At least 12 points
- Line spacing
- Double
- Margins
- 1 inch
Formatting
- •Table of contents
- •Table of authorities
Court's wording
Memoranda of ten (10) pages or more shall contain a table of contents and table of authorities. All memoranda of law must be double-spaced and shall be in 12-point font or larger, with one-inch (1") margins on all sides. Footnotes may be single-spaced but must also be in 12-point font or larger.
Courtesy copies must be securely bound, flat, with preferred binding types; metal prong fasteners prohibited.
- Binding
- Securely bound
Formatting
- •Lie flat
- •No metal prong fasteners
Court's wording
All courtesy copies submitted in connection with motions must be bound in any manner that is secure, does not obscure the text, and permits the document to lie reasonably flat when open. Parties should submit multiple volumes rather than large documents that do not lie reasonably flat when open. Preferred forms of binding are three-ring binders and spiral binding. Paper-and-plastic binding is acceptable as long as the pages will lay flat. Metal prong fasteners are not acceptable.
Exhibits should always be separated by protruding tabs. Sheets of paper inserted between exhibits (of any color) are not sufficient to divide the exhibits. To the extent possible, exhibits should be double-sided.
Formatting
- •Exhibits must be separated by protruding tabs
All memoranda of law must be double-spaced and shall be in 12-point font or larger, with one-inch (1") margins on all sides.
- Font size
- At least 12 points
- Line spacing
- Double
- Margins
- 1 inch
- Memorandum
Memoranda must be text-searchable when filed electronically on ECF.
An attorney who meets those requirements may bring a Personal Electronic Device into the courtroom, but the device must be turned off (not merely placed in vibrate mode or otherwise silenced).
Footnotes may be single-spaced but must also be in 12-point font or larger.
- Font size
- At least 12 points
Sheets of paper inserted between exhibits (of any color) are not sufficient to divide the exhibits.
Exhibits should always be separated by protruding tabs.
Any deposition that is filed, whether in whole or in part, must be text-searchable.
To the extent possible, exhibits should be double-sided.
Courtesy copies must include ECF header unless not yet filed.
- Chambers copy
Formatting
- •Include ECF header
Court's wording
All courtesy copies must include the automatically generated ECF header (that is, the text – e.g., “Case 7:24-cv-1234-CS Document 100 Filed the ECF system), unless the papers have not yet been filed on the docket.
Document Filing Requirements40 rules
Non-jury cases require affidavits for direct testimony with cross-examination lists.
- Document
- Affidavit
Must include
- •Direct testimony
Court's wording
In non-jury cases: a. Affidavits constituting the direct testimony of each trial witness who is within the control of the party or willing to provide such an affidavit. One week after submission of such affidavits, counsel for each party shall submit a list of all affiants whom he or she intends to cross-examine at trial. Only those witnesses who will be cross-examined need appear at trial. The original affidavit shall be marked as an exhibit at trial.
Non-jury cases require detailed proposed findings of fact and conclusions of law with elements.
Court's wording
In non-jury cases, proposed findings of fact and conclusions of law. Proposed findings of fact should be detailed, and proposed conclusions of law should include a statement of the elements of each claim or defense.
Proposed jury instructions must be emailed to chambers with citations or they will be disregarded.
- Document
- Jury instructions
Must include
- •Citation to source authority
Court's wording
In jury cases, proposed voir dire questions, requests to charge and proposed verdict form. The plaintiff’s proposed voir dire questions should include an agreed-upon paragraph (designated as such) for the Court to use in voir dire to provide the potential jurors with a brief explanation of the case. If the parties cannot agree on such a paragraph after good-faith efforts, their respective proposed paragraphs (designated as such) should be set forth in their respective voir dire submissions. In addition to being filed in the normal manner, proposed jury instructions should be emailed (in Word or WordPerfect) to chambersnysdseibel@nysd.uscourts.gov. Each proposed jury instruction must contain a citation to the source/authority for the proposed instruction, or the request will be disregarded.
In all cases, motions addressing any evidentiary or other issues that should be resolved in limine.
If an attorney wishes to be relieved as counsel, the client consents, and substitute counsel is prepared to appear (or an individual party wishes to appear pro se), the substitution may be accomplished by stipulation signed by attorney(s) and client. If the client consents and substitute counsel is desired but has not been obtained, the attorney may submit a stipulation signed by counsel and client, and the Court will set a date by which substitute counsel must appear for a corporate client and/or by which an individual client
- Document
- Stipulation
Must include
- •Client consent
A party that wishes to obtain a default judgment must proceed by way of order to show cause. Follow the Default Judgment Procedure, attached hereto as Attachment A.
- Document
- Order to show cause
Must include
- •Default judgment procedure
Opposition to any motion in limine.
Objections to the other party’s proposed voir dire questions, requests to charge, or proposed verdict form.
Opposition to any legal argument made in a pretrial memorandum.
Counsel must promptly address transcript accuracy issues for appeal, with specific procedures for material vs. non-material errors.
Court's wording
Counsel are responsible for raising promptly any issue concerning the accuracy of transcripts certified by the Court Reporter to be used for purposes of appeal. Counsel perceiving an error that is material shall stipulate to the appropriate correction or, if agreement cannot be reached, shall proceed by motion on notice. Non-material defects in syntax, grammar, spelling or punctuation should be ignored.
TRO applications require hand-delivery to Clerk and email to Court with specific requirements.
Court's wording
Parties intending to file applications for TROs or other emergency relief must hand-deliver hard copies of the motion papers to the Clerk of Court and send the papers (in text- searchable PDF format) to the Court by email. The email should: (1) include the word “URGENT” in the subject line; (2) provide a telephone number at which the filing party and any other relevant parties can be reached; and (3) except for ex parte applications, provide the relevant parties’ availability for a conference in the next few days.
Moving party must provide electronic copy of Rule 56.1 statement; opposing party must reproduce and respond to each entry.
- Document
- Statement of material facts
Must include
- •Reproduce each entry
Court's wording
Except in pro se cases where the moving or non-moving party does not have access to word processing, the moving party shall provide all other parties with an electronic copy of the moving party’s Statement of Material Facts Pursuant to Local Civil Rule 56.1. The opposing party must reproduce each entry in the moving party’s Rule 56.1 Statement, and set out the opposing party’s response directly beneath it.
must be electronically filed through the ECF system and related to the motion.
Sur-reply memoranda will not be accepted unless the Court’s prior permission has been obtained.
Joint pretrial order required within 30 days after discovery completion or dispositive motion decision.
Court's wording
Unless otherwise ordered by the Court, within 30 days after the date for completion of discovery in a civil case, or, if a dispositive motion has been filed, within 30 days of its decision, the parties shall submit to the Court for its approval a proposed joint pretrial order, which shall include the information required by Fed. R. Civ. P. 26(a)(3) and following:
Memoranda of ten (10) pages or more shall contain a table of contents and table of authorities.
- Document
- Memorandum
Must include
- •Table of contents
- •Table of authorities
The opposing party must reproduce each entry in the moving party’s Rule 56.1 Statement, and set out the opposing party’s response directly beneath it.
Each proposed jury instruction must contain a citation to the source/authority for the proposed instruction, or the request will be disregarded.
The original affidavit shall be marked as an exhibit at trial.
Affidavits constituting the direct testimony of each trial witness who is within the control of the party or willing to provide such an affidavit.
All documentary exhibits, unless they are so voluminous as to make this requirement impracticable.
A party that wishes to obtain a default judgment must proceed by way of order to show cause.
If the client’s signature on a stipulation cannot be obtained, counsel must seek to be relieved by submitting a proposed Order to Show Cause (“OSC”), along with a supporting affidavit and legal authority justifying his or her withdrawal.
- Document
- Application to be relieved
Must include
- •Proposed order
The motion must be filed in public view, must explain the specific reasons for seeking to file the information under seal and should not include the information sought to be filed under seal.
A default-judgment Order to Show Cause must be accompanied by an attorney affidavit or declaration with specified attachments and information, including a conditional Clerk’s Certificate if default is based on failure to answer.
Court's wording
2. The following documents must accompany the Order to Show Cause: A. an attorney’s affidavit or declaration: 1. attaching: a) copies of the pleadings; b) a copy of the affidavit of service of the original summons and complaint; and c) if failure to answer is the basis for the default, a Certificate from the Clerk of Court stating that no answer has been filed; and 2. setting forth: a) why a default judgment is appropriate, including a description of the method and date of service of the original summons and complaint; b) whether, if the default is applicable to fewer than all of the defendants, the Court may appropriately order a default judgment on the issue of liability and/or damages prior to resolution of the entire action (see F.R.C.P. Rule 54(b)); c) the proposed Statement of Damages and the basis for each element of damages including interest, attorney's fees, and costs; and
A proposed default-judgment Order to Show Cause must be made returnable before Judge Seibel at the stated location and leave three specified dates blank for the Court.
Court's wording
1. Prepare a proposed Order to Show Cause for default judgment and make the Order returnable before Judge Seibel in Courtroom 621 of the United States Courthouse, 300 Quarropas Street, White Plains, New York. Leave blanks for the Court to fill in: 1) the date and time at which the Order to Show Cause will be heard; 2) the date by which the moving party must serve the Order to Show Cause and supporting documents on the non-moving party; and 3) the date by which the non-moving party must file opposition papers.
Sur-reply memoranda will not be accepted unless the Court’s prior permission has been obtained.
The full caption of the action.
Include
- •Caption
The names, addresses (including firm names), email addresses, and telephone and fax numbers of trial counsel.
The proposed joint pretrial order must include each party’s brief jurisdiction statement, citing relied-upon statutes and relevant citizenship and amount-in-controversy facts.
Court's wording
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.
A list by each party of exhibits to be offered in its case in chief, with one star indicating exhibits to which no party objects on grounds of authenticity, and two stars indicating exhibits to which no party objects on any ground.
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.
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. The parties shall also identify all claims and defenses previously asserted that are not to be tried.
The designating party must provide a transcript with designations and counter-designations clearly marked, if possible in different highlighting colors, and succinct objections in the margin beside portions identified by a vertical line.
Court's wording
The party designating deposition testimony will be responsible for providing a transcript with its designations clearly marked (if possible by highlighting in one color); the other side’s counter-designations clearly marked (if possible by highlighting in another color); and any objections succinctly set forth (e.g., “hearsay,” “relevance,” “403”) in the margin next to the objected-to portion, which shall be identified by a vertical line.
A list of the witnesses each party expects to call on its case in chief, including a very brief description of the witness’s role and/or the subject matter of his or her anticipated testimony, and a statement as to whether any other party objects to the witness. A party should include any witness it may want for its case in chief even if the other side has listed that witness.
A designation by each party of deposition testimony to be offered in its case in chief, with any cross-designations and objections by any other party.
Any stipulations or agreed statements of fact or law.
A statement as to whether all parties have consented to trial of the case by a magistrate judge (without identifying which parties have or have not so consented).
These indications are only for the Court’s and the parties’ guidance and are not stipulations. They do not relieve the proponent of the exhibit of its obligation to establish authenticity and any other necessary foundation for admission of the exhibit.
If the arguments of counsel are contained in a letter, the submission should nevertheless bear a cover, with the caption and docket number, indicating that it is a “Sentencing Memorandum.”
- Document
- Sentencing submission
Should include
- •Caption
- •Case number
Filing & Service rules
Electronic Filing Rules
Letters solely between parties or counsel, or otherwise not addressed to the Court, may not be filed on ECF or sent to the Court.
Letters solely between parties or their counsel or otherwise not addressed to the Court may not be filed on ECF or otherwise sent to the Court.
Page 1 | 1.A. Letters
Letters generally must be filed on ECF and accompanied by an emailed courtesy copy, except for letters requested to be sealed, containing sensitive or confidential information, or filed by a party without ECF access.
Unless there is a request to file a letter under seal or a letter contains sensitive or confidential information or the party does not have access to the Electronic Case Filing (ECF) system, letters must be filed electronically on the ECF system (with a courtesy copy emailed to the chambers email address, chambersnysdseibel@nysd.uscourts.gov, as described below).
Page 1 | 1.A. Letters
Unless the Court grants permission to file documents electronically, all communications with the Court by a pro se party must be emailed to ProSe@nysd.uscourts.gov or delivered or mailed to:
Unless the Court grants permission to file documents electronically, all communications with the Court by a pro se party must be emailed to ProSe@nysd.uscourts.gov or delivered or mailed to:
Page 2 | 1.F. Pro Se Parties
TRO and other emergency-relief applicants must hand-deliver hard-copy motion papers to the Clerk and email the Court text-searchable PDFs.
Parties intending to file applications for TROs or other emergency relief must hand-deliver hard copies of the motion papers to the Clerk of Court and send the papers (in text- searchable PDF format) to the Court by email.
Page 5 | 2. Motions in Civil Cases
Motions or letter motions seeking approval for sealed or redacted filings, along with the subject documents and proposed sealed documents, must be filed electronically through ECF in accordance with the cited rules.
Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject document(s), including the proposed sealed document(s), must be filed electronically through the court’s ECF system in conformity with the court’s standing order, 19-MC-00583, and ECF Rules & Instructions, section 6.
Page 10 | 11. Electronic Filing Under Seal in Civil and Miscellaneous Cases — B. Sealing/Redactions Requiring Court Approval
A party unable to file under seal electronically, or believing a document should not be filed electronically, must seek leave to file it on paper.
Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file on paper.
Page 11
The proposed Order to Show Cause, supporting affidavit or declaration, and proposed default judgment must be electronically filed using the specified ECF events, with the affidavit or declaration and default judgment filed as separate events.
3. Electronically file the proposed Order to Show Cause using the filing event PROPOSED ORDERS and the document PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Electronically file the following documents as separate ECF Filing Events: 1) the attorney’s AFFIDAVIT or DECLARATION in Support; and 2) the PROPOSED DEFAULT JUDGMENT using the Filing Event found under PROPOSED ORDERS.
Page 13
When a stated exception to ECF filing applies, a PDF letter may be emailed to chambers or delivered in hard copy.
If one of the exceptions described in the previous sentence applies, a PDF version of a letter may be emailed to the chambers email address or delivered in hard copy.
Page 1 | 1.A. Letters
Letter-motions may be made through ECF if they comply with the applicable S.D.N.Y. rules and instructions.
Letter-motions may be made via ECF if they comply with the S.D.N.Y. Local Rules and the S.D.N.Y. Electronic Case Filing Rules and Instructions.
Page 1 | 1.A. Letters
Every document in a sentencing submission, including letters, should be filed publicly through ECF unless it is to be filed under seal or permission to do otherwise has been obtained.
Except for submissions to be filed under seal, every document in a sentencing submission, including letters, should be filed in the public record through the ECF system, using the procedures described below, unless permission to the contrary has been obtained.
Page 14 | ATTACHMENT B — PROCEDURES FOR SENTENCINGS
Filing Timing and Cure Windows
Unless the Court orders otherwise, the parties must submit a proposed joint pretrial order within 30 days after discovery closes, or within 30 days after decision on a filed dispositive motion.
Unless otherwise ordered by the Court, within 30 days after the date for completion of discovery in a civil case, or, if a dispositive motion has been filed, within 30 days of its decision, the parties shall submit to the Court for its approval a proposed joint pretrial order, which shall include the information required by Fed. R. Civ. P. 26(a)(3) and following:
Page 5 | 3.A. Joint Pretrial Orders in Civil Cases
An auto-generated email confirms receipt of a pro se party's email but does not establish that the document was filed on the docket.
Pro se parties using the ProSe email box will receive an auto-generated message confirming receipt of their email, but that does not mean that the document has been filed on the docket.
Page 2 | 1.F. Pro Se Parties
The filing party must check the docket and may call the Pro Se Intake Unit for help if the document has not been docketed after two business days.
The filing party must check the docket to see if the document has been filed and may contact the Pro Se Intake Unit at 212-805-0175 for assistance if the document has not been docketed after two business days.
Page 2 | 1.F. Pro Se Parties
Service and Proof of Service Rules
In summary-judgment motions, the moving party must provide all other parties an electronic copy of its Rule 56.1 statement, except in pro se cases where a moving or non-moving party lacks access to word processing.
Except in pro se cases where the moving or non-moving party does not have access to word processing, the moving party shall provide all other parties with an electronic copy of the moving party’s Statement of Material Facts Pursuant to Local Civil Rule 56.1.
Page 4 | 2. Motions in Civil Cases — C. Special Rules for Summary Judgment Motions
Counsel must file proof of service of the OSC on the client before the return date.
Before the return date, counsel must file proof of service of the OSC on the client.
Page 9
Proof of service of the Order to Show Cause and supporting documents must be electronically filed three business days before the return date.
5. Proof of service on the defendant of a copy of the Order to Show Cause and supporting documents must be electronically filed three (3) business days in advance of the return date.
Page 13
After the signed Order to Show Cause is docketed, the moving party must serve it and its supporting documents on the defendant as directed in the order.
4. After the Judge signs the Order to Show Cause, it will be docketed. The moving party must then serve a copy of the Order to Show Cause, and the supporting documents, on the defendant as directed in the Order to Show Cause
Page 13
A defendant must serve the sentencing submission two weeks before the sentencing date.
A defendant’s sentencing submission must be served two weeks in advance of the date set for sentence.
Page 14 | ATTACHMENT B — PROCEDURES FOR SENTENCINGS
The Government must serve its sentencing submission one week before the sentencing date.
The Government’s sentencing submission must be served one week in advance of the date set for sentence.
Page 14 | ATTACHMENT B — PROCEDURES FOR SENTENCINGS
Pro se parties are encouraged, but not required, to consent to electronic service using the Court's form.
Pro se (unrepresented) parties are encouraged to consent to electronic service (via the Consent to Electronic Service form available on the Court’s website).
Page 2 | 1.F. Pro Se Parties
Courtesy Copy Requirements
PDF courtesy copy must be emailed to chambers when letter is filed on ECF.
If a letter is filed electronically on ECF, a PDF of the filed version of that letter must also be e-mailed to chambersnysdseibel@nysd.uscourts.gov. Failure to email a PDF courtesy copy may mean that the letter does not come to the Court’s attention in a timely manner.
Page 1 | Communications with Chambers
Courtesy copy of ECF-filed letters must include automatically generated ECF header.
As noted in item 1.A above, if a letter is filed electronically on ECF, a PDF file of that letter must also be e-mailed to chambersnysdseibel@nysd.uscourts.gov. The courtesy copy of any letter filed on ECF must be a copy of the filed version of the letter and must include the automatically generated ECF header (that is, the text – e.g., “Case 7:24-cv-1234-
Page 2 | Communications with Chambers
Except in pro se cases, the parties should provide the Court with an electronic, text-searchable courtesy copy of any hearing or deposition transcript, or portion thereof, on which the parties rely, if such a copy is available, unless doing so would be unduly burdensome. (Where feasible, parties should provide these materials on CD, not on a DVD or memory stick and not by email.)
Except in pro se cases, the parties should provide the Court with an electronic, text-searchable courtesy copy of any hearing or deposition transcript, or portion thereof, on which the parties rely, if such a copy is available, unless doing so would be unduly burdensome. (Where feasible, parties should provide these materials on CD, not on a DVD or memory stick and not by email.)
One courtesy hard copy of ECF filings (except pro hac vice motions and letters) must be submitted to chambers at time of service.
One (1) courtesy hard copy of all pleadings, motion papers (with the exception of motions for admission pro hac vice) and other documents (aside from letters) filed via ECF shall be submitted to chambers at the time the papers are served.
AUSA must provide courtesy copies of Indictment/Information and Complaint to chambers.
The Assistant United States Attorney (“AUSA”) shall provide to chambers, as soon as practicable, a courtesy copy of the Indictment or Information, and a courtesy copy of the Complaint, if one exists.
AUSA must provide courtesy copy of plea agreement to chambers.
The AUSA shall provide a courtesy copy of the plea agreement to chambers as soon as practicable.
A PDF of every letter filed on ECF must also be emailed to the specified chambers address.
If a letter is filed electronically on ECF, a PDF of the filed version of that letter must also be e-mailed to chambersnysdseibel@nysd.uscourts.gov.
Page 1 | 1.A. Letters
An emailed courtesy copy of an ECF-filed letter must match the filed version and include the automatically generated ECF header on every page.
The courtesy copy of any letter filed on ECF must be a copy of the filed version of the letter and must include the automatically generated ECF header (that is, the text – e.g., “Case 7:24-cv-1234- CS Document 100 Filed 7/1/24 Page 1 of 1” – appearing at the top of each page of the document on the ECF system).
Page 2 | 1.E. Courtesy Copies
One hard-copy courtesy copy of ECF-filed pleadings, motion papers except pro hac vice admission motions, and other non-letter documents must be submitted to chambers when the papers are served.
One (1) courtesy hard copy of all pleadings, motion papers (with the exception of motions for admission pro hac vice) and other documents (aside from letters) filed via ECF shall be submitted to chambers at the time the papers are served.
Page 2 | 1.E. Courtesy Copies
Motion courtesy copies must include the ECF-generated header on each page unless the papers have not yet been filed on the docket.
All courtesy copies must include the automatically generated ECF header (that is, the text – e.g., “Case 7:24-cv-1234-CS Document 100 Filed 7/1/24 Page 1 of 1” – appearing at the top of each page of the document on the ECF system), unless the papers have not yet been filed on the docket.
Page 4 | 2. Motions in Civil Cases — B. Motion Papers
Motion courtesy copies must be securely bound without obscuring text and must lie reasonably flat when open.
All courtesy copies submitted in connection with motions must be bound in any manner that is secure, does not obscure the text, and permits the document to lie reasonably flat when open.
Page 4 | 2. Motions in Civil Cases — B. Motion Papers
The AUSA must provide chambers courtesy copies of the Indictment or Information and, if one exists, the Complaint as soon as practicable.
The Assistant United States Attorney (“AUSA”) shall provide to chambers, as soon as practicable, a courtesy copy of the Indictment or Information, and a courtesy copy of the Complaint, if one exists.
Page 9 | 9. Criminal Cases — A. Initial Matters
The AUSA must provide chambers a courtesy copy of the plea agreement as soon as practicable.
The AUSA shall provide a courtesy copy of the plea agreement to chambers as soon as practicable.
Page 9 | 9. Criminal Cases — B. Guilty Pleas
If hand-delivered, courtesy copies should be brought to the Clerk’s Office on the first floor of the Courthouse, not to chambers.
If hand-delivered, courtesy copies should be brought to the Clerk’s Office on the first floor of the Courthouse, not to chambers.
For an ECF submission requiring immediate attention, the filing party should email courtesy copies with “URGENT” in the subject line.
If an ECF submission requires immediate attention, the filing party should email courtesy copies of the filing and place “URGENT” in the subject line.
Page 1 | 1.B. Urgent Communications
Hand-delivered courtesy copies should be taken to the Clerk’s Office on the courthouse's first floor, not to chambers.
If hand-delivered, courtesy copies should be brought to the Clerk’s Office on the first floor of the Courthouse, not to chambers.
Page 2 | 1.E. Courtesy Copies
Metal prong fasteners may not be used to bind motion courtesy copies.
Metal prong fasteners are not acceptable.
Page 4 | 2. Motions in Civil Cases — B. Motion Papers
In non-pro-se cases, parties should provide an available electronic, text-searchable courtesy copy of relied-upon hearing or deposition transcripts unless doing so would be unduly burdensome.
Except in pro se cases, the parties should provide the Court with an electronic, text-searchable courtesy copy of any hearing or deposition transcript, or portion thereof, on which the parties rely, if such a copy is available, unless doing so would be unduly burdensome.
Page 5
The parties should provide the Court one courtesy hard copy.
The parties should provide the Court with one courtesy hard copy.
Page 14 | ATTACHMENT B — PROCEDURES FOR SENTENCINGS
Three-ring binders and spiral binding are preferred for motion courtesy copies.
Preferred forms of binding are three-ring binders and spiral binding.
Page 4 | 2. Motions in Civil Cases — B. Motion Papers
Paper-and-plastic binding is acceptable if the pages lie flat.
Paper-and-plastic binding is acceptable as long as the pages will lay flat.
Page 4 | 2. Motions in Civil Cases — B. Motion Papers
Parties should use multiple volumes instead of large documents that do not lie reasonably flat when open.
Parties should submit multiple volumes rather than large documents that do not lie reasonably flat when open.
Page 4 | 2. Motions in Civil Cases — B. Motion Papers
Where feasible, transcript courtesy materials should be provided on CD rather than DVD, memory stick, or email.
(Where feasible, parties should provide these materials on CD, not on a DVD or memory stick and not by email.)
Page 5
Sealing & Redaction Procedures
For redacted public filings, file redacted version publicly and unredacted under seal.
Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the
Motion for sealed filing must be public and explain reasons without including sealed info.
The motion must be filed in public view, must explain the specific reasons for seeking to file the information under seal and should not include the information sought to be filed under seal.
Redacted copies may be filed on ECF, with unredacted hard copies supplied to chambers, if the application includes privileged or sensitive material.
Redacted copies may be filed on ECF, with unredacted hard copies supplied to chambers, if the application includes privileged or sensitive material.
Proposed sealed document must be contemporaneously filed under seal in ECF.
The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion.
Parties must seek leave to file on paper if unable to file electronically under seal.
Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file on paper.
Sealed/redacted filings must be filed electronically through ECF system.
Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject document(s), including the proposed sealed document(s), must be filed electronically through the court’s ECF system in conformity with the court’s standing order, 19-MC-00583, and ECF Rules & Instructions, section 6.
Applications required for redactions beyond standard categories in sentencing submissions
If a party redacts from a sentencing memorandum information beyond the eleven categories of information identified in the Privacy Policy, an application to do so must be served at the time the sentencing submission is served. A redacted version of the sentencing submission must be filed on the ECF system at that time. The application should clearly identify the redaction and explain the reasons for the redaction. The application will be addressed at the sentencing proceeding.
Supporting papers must be filed electronically as separate filings and may be sealed or redacted only as necessary to safeguard the information sought to be sealed.
Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.
Page 10 | 11. Electronic Filing Under Seal in Civil and Miscellaneous Cases — B. Sealing/Redactions Requiring Court Approval
Sensitive information described in Federal Rule of Civil Procedure 5.2 must be redacted from public filings without prior court permission.
Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court.
Page 10 | 11. Electronic Filing Under Seal in Civil and Miscellaneous Cases — A. Sealing/Redactions Not Requiring Court Approval
The proposed sealed document must be filed under seal in ECF at the same time as, and electronically related to, the motion.
The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion.
Page 10 | 11. Electronic Filing Under Seal in Civil and Miscellaneous Cases — B. Sealing/Redactions Requiring Court Approval
The redacted and unredacted documents, with proposed redactions highlighted in the unredacted document, must both be filed electronically through ECF and related to the motion.
unredacted document with the proposed redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.
Page 11
A party seeking to file its entire sentencing submission under seal must serve an application when serving the submission; the application will be addressed at sentencing.
If a party believes its entire sentencing submission must be filed under seal, an application to do so must be served at the time the sentencing submission is served. The application will be addressed at the sentencing proceeding.
Page 14 | ATTACHMENT B — PROCEDURES FOR SENTENCINGS
When material is redacted from a publicly filed document, only pages containing redactions are filed under seal, and marked copies of those pages must be brought to sentencing for the Court to file under seal.
If any material is redacted from the publicly filed document, only those pages containing the redacted material will be filed under seal. Bring a copy of those pages to the sentencing proceeding, marked to indicate what information has been redacted from the publicly filed materials, to give to the Court for filing under seal.
Page 14 | ATTACHMENT B — PROCEDURES FOR SENTENCINGS
Redacting information outside the eleven Privacy Policy categories requires an application served with the sentencing submission and a redacted version filed on ECF at that time; the application should identify and explain the redaction.
If a party redacts from a sentencing memorandum information beyond the eleven categories of information identified in the Privacy Policy, an application to do so must be served at the time the sentencing submission is served. A redacted version of the sentencing submission must be filed on the ECF system at that time. The application should clearly identify the redaction and explain the reasons for the redaction. The application will be addressed at the sentencing proceeding.
Page 14 | ATTACHMENT B — PROCEDURES FOR SENTENCINGS
When an application includes privileged or sensitive material, redacted copies may be filed on ECF and unredacted hard copies supplied to chambers.
Redacted copies may be filed on ECF, with unredacted hard copies supplied to chambers, if the application includes privileged or sensitive material.
Page 9
The summary docket text is public, while the sealed document is not, and the docket text should omit information sought to be sealed.
The summary docket text, but not the sealed document, will be open to public inspection and should not include the information sought to be filed under seal.
Page 10 | 11. Electronic Filing Under Seal in Civil and Miscellaneous Cases — B. Sealing/Redactions Requiring Court Approval
Parties may redact the listed sensitive and cautionary information categories under the Privacy Policy without applying to the Court.
Parties may redact the five categories of “sensitive information” and the six categories of information requiring caution (i.e., personal identifying numbers; medical records, treatment and diagnosis; employment history; individual financial information; proprietary or trade secret information; and information regarding an individual’s cooperation with the government) as described in the Privacy Policy, without application to the Court.
Page 14 | ATTACHMENT B — PROCEDURES FOR SENTENCINGS
Filing Bundling Requirements
Letters from people other than counsel should be grouped and filed together as attachments to the single document marked “Sentencing Memorandum.”
Letters from those other than counsel should be grouped and filed together as attachments to that single document marked “Sentencing Memorandum.”
Page 14 | ATTACHMENT B — PROCEDURES FOR SENTENCINGS
The parties are encouraged to stipulate to authenticity and admissibility where possible.
The parties are encouraged, however, to enter into stipulations as to authenticity and admissibility where possible.
Page 6 | 3.A. Joint Pretrial Orders in Civil Cases
Pre-Motion Conference Requirements
Pre-motion conference required before most motions (except specified exceptions).
A pre-motion conference with the Court is required before making any other motion, except motions for admission pro hac vice, motions for reargument or reconsideration, motions for temporary restraining orders or preliminary injunctions, motions pursuant to Fed. R. Civ. P. 11(c)(2), or motions for which the Court has already set a briefing schedule.
Discovery motions require informal conference with Court before filing, following meet-and-confer rule.
For discovery motions, follow Local Civil Rule 37.2, requiring the moving party to request an informal conference with the Court before the filing of any such motion. Strict adherence to Fed. R. Civ. P. 37(a)(1) – the “meet and confer” rule – is required.
Pre-motion letter (max 3 pages) required to arrange conference.
To arrange a pre-motion conference, the moving party must submit a letter, not to exceed three (3) pages, setting forth the basis for the anticipated motion.
Opposing party must submit 3-page letter at least one week before pre-motion conference.
at least one week before that conference , the opposing party must submit a letter, also not to exceed three (3) pages, setting forth its position
Before filing a discovery motion, the moving party must request an informal conference with the Court under Local Civil Rule 37.2.
For discovery motions, follow Local Civil Rule 37.2, requiring the moving party to request an informal conference with the Court before the filing of any such motion.
Page 3 | 2. Motions in Civil Cases — A. Pre-Motion Conference in Civil Cases
The opposing party must submit a position letter of no more than three pages at least one week before the conference, unless the Court has set a different letter schedule.
The Court will then set the date for the pre- motion conference, and at least one week before that conference , the opposing party must submit a letter, also not to exceed three (3) pages, setting forth its position – unless the Court has already set a schedule for pre-motion letters, in which case that schedule should be followed.
Page 3 | 2. Motions in Civil Cases — A. Pre-Motion Conference in Civil Cases
A pre-motion conference is required before other motions, subject to the listed motion and briefing-schedule exceptions.
A pre-motion conference with the Court is required before making any other motion, except motions for admission pro hac vice, motions for reargument or reconsideration, motions for temporary restraining orders or preliminary injunctions, motions pursuant to Fed. R. Civ. P. 11(c)(2), or motions for which the Court has already set a briefing schedule.
Page 3 | 2. Motions in Civil Cases — A. Pre-Motion Conference in Civil Cases
A pre-motion conference request concerning a proposed motion to dismiss stays the requesting party's deadline to move or answer until a new deadline is set.
If a pre-motion conference is requested in connection with a proposed motion to dismiss, the request will stay the deadline for the requesting party to move or answer, and a new deadline will be set at the conference or after the motion is decided.
Page 3 | 2. Motions in Civil Cases — A. Pre-Motion Conference in Civil Cases
Parties must strictly comply with Rule 37(a)(1)'s meet-and-confer requirement for discovery motions.
Strict adherence to Fed. R. Civ. P. 37(a)(1) – the “meet and confer” rule – is required.
Page 3 | 2. Motions in Civil Cases — A. Pre-Motion Conference in Civil Cases
To arrange a required pre-motion conference, the moving party must submit a letter of no more than three pages stating the basis for the anticipated motion.
To arrange a pre-motion conference, the moving party must submit a letter, not to exceed three (3) pages, setting forth the basis for the anticipated motion.
Page 3 | 2. Motions in Civil Cases — A. Pre-Motion Conference in Civil Cases
A party need not comply with the pre-motion conference requirement if it reasonably believes delay might cause loss of a right.
A party need not comply with the pre-motion conference requirement where it reasonably believes that delay in filing might result in the loss of a right.
Page 3 | 2. Motions in Civil Cases — A. Pre-Motion Conference in Civil Cases
For discovery-motion meet-and-confers, parties should be prepared to state the meeting's time, place, and duration and identify participating counsel.
The parties should be prepared to describe the time, place and duration of the meeting, and to identify the counsel involved.
Page 3 | 2. Motions in Civil Cases — A. Pre-Motion Conference in Civil Cases
When invoking the loss-of-right exception, the party should file a letter with the motion explaining the anticipated prejudice from compliance.
In that event, the party should file, along with the motion, a letter explaining why the party believes it might be prejudiced if it complied with the pre-motion conference requirement.
Page 4 | 2. Motions in Civil Cases — A. Pre-Motion Conference in Civil Cases
Oral argument is not usually held, but parties may request it by letter when filing moving, opposing, or reply papers.
The Court does not usually hear oral argument, but parties may request oral argument by letter at the time their moving or opposing or reply papers are filed.
Page 5 | 2. Motions in Civil Cases
Pre-motion conference request for motion to dismiss stays existing deadlines.
If a pre-motion conference is requested in connection with a proposed motion to dismiss, the request will stay the deadline for the requesting party to move or answer, and a new deadline will be set at the conference or after the motion is decided.
Oral argument is not usually heard but may be requested by letter when filing motion papers.
The Court does not usually hear oral argument, but parties may request oral argument by letter at the time their moving or opposing or reply papers are filed. The Court will determine whether argument will be heard and, if so, will advise counsel of the date.
Adjournment & Extension Requirements
Proposed Revised Scheduling Order required if adjournment/extension affects other dates.
If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order (with deadlines falling only on business days) must be attached.
Page 2 | Communications with Chambers
Adjournment/extension requests must be filed on ECF as letter-motions with courtesy copy to chambers.
All requests for adjournments or extensions of time shall be by letter and must (unless to be sealed or containing sensitive/confidential information or the party lacks access to the ECF system) be filed on ECF as letter-motions, with a PDF courtesy copy to chambersnysdseibel@nysd.uscourts.gov.
Page 2 | Communications with Chambers
Adjournment/extension requests must include original date, previous requests, reasons, adversary consent, and reasons for denial if applicable.
extensions must state (1) the original date, (2) the number of previous requests for adjournment or extension, and the reason for those requests, (3) whether these previous requests were granted or denied, (4) the reason for the instant request, and (5) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent.
Page 2 | Communications with Chambers
Adjournment and extension requests must be made by letter and generally filed on ECF as letter-motions with a PDF courtesy copy to chambers, subject to the stated exceptions.
All requests for adjournments or extensions of time shall be by letter and must (unless to be sealed or containing sensitive/confidential information or the party lacks access to the ECF system) be filed on ECF as letter-motions, with a PDF courtesy copy to ===== PAGE 2 ===== chambers as described in item 1.A above.
Page 1 | 1.D. Requests for Adjournments or Extensions of Time
Absent extraordinary circumstances, extension requests made after the original deadline expires or not made promptly will be denied.
Absent extraordinary circumstances, requests for extensions will be denied if not made promptly and before the expiration of the original deadline.
Page 2 | 1.D. Requests for Adjournments or Extensions of Time
If an adjournment or extension affects other scheduled dates, the request must include a proposed Revised Scheduling Order with deadlines only on business days.
If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order (with deadlines falling only on business days) must be attached.
Page 2 | 1.D. Requests for Adjournments or Extensions of Time
Each adjournment or extension request must provide the original date, prior-request history and outcomes, reason for the current request, and the adversary's consent position and any reasons for refusing.
All requests for adjournment or extensions must state (1) the original date, (2) the number of previous requests for adjournment or extension, and the reason for those requests, (3) whether these previous requests were granted or denied, (4) the reason for the instant request, and (5) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent.
Page 2 | 1.D. Requests for Adjournments or Extensions of Time
An adjournment request for a court appearance must be made at least three business days beforehand unless there is an emergency.
If the request is for an adjournment of a court appearance, absent an emergency the request must be made at least three (3) business days prior to the scheduled appearance.
Page 2 | 1.D. Requests for Adjournments or Extensions of Time
Extension requests concerning deadlines in matters referred to a Magistrate Judge must be directed to that Magistrate Judge.
Requests for extensions of deadlines regarding a matter that has been referred to a Magistrate Judge must be directed to that Magistrate Judge.
Page 2 | 1.D. Requests for Adjournments or Extensions of Time
Adjournment requests for court appearances must be made at least 3 business days in advance, absent emergency.
If the request is for an adjournment of a court appearance, absent an emergency the request must be made at least three (3) business days prior to the scheduled appearance.
Page 2 | Communications with Chambers
Extension requests must be made promptly before original deadline expires, absent extraordinary circumstances.
Absent extraordinary circumstances, requests for extensions will be denied if not made promptly and before the expiration of the original deadline.
Page 2 | Communications with Chambers
Counsel may request an extension of Rule 8018 dates at least three business days before the brief is due.
Counsel may apply for an extension of the dates specified in Rule 8018 but must do so at least three (3) business days before the brief is due.
Page 9 | 8. Bankruptcy Appeals
Extension requests for matters referred to Magistrate Judge must be directed to that Magistrate Judge.
Requests for extensions of deadlines regarding a matter that has been referred to a Magistrate Judge must be directed to that Magistrate Judge.
Page 2 | Communications with Chambers
Chambers Communication Rules
Letters to chambers must be filed on ECF with courtesy copy to chambers email, except for sealed/sensitive/confidential letters or parties without ECF access.
Letters. Except as otherwise provided below, communications with chambers shall be by letter, with copies simultaneously delivered to all counsel. Unless there is a request to file a letter under seal or a letter contains sensitive or confidential information or the party does not have access to the Electronic Case Filing (ECF) system, letters must be filed electronically on the ECF system (with a courtesy copy emailed to the chambers email address, chambersnysdseibel@nysd.uscourts.gov, as described below). If one of the exceptions described in the previous sentence applies, a PDF version of a letter may be emailed to the chambers email address or delivered in hard copy. If a letter is filed electronically on ECF, a PDF of the filed version of that letter must also be e-mailed to chambersnysdseibel@nysd.uscourts.gov. Failure to email a PDF courtesy copy may mean that the letter does not come to the Court’s attention in a timely manner. Letters solely between parties or their counsel or otherwise not addressed to the Court may not be filed on ECF or otherwise sent to the Court.
Page 1 | Communications with Chambers
Permission required 3 business days in advance for certain electronic devices.
Attorneys who, under the Standing Order, require the court’s permission to bring a Personal Electronic Device into the Courthouse, and all attorneys wishing to bring a General Purpose Computing Device (as defined in the Standing Order) into the Courthouse, must request the court’s permission three (3) business days in advance.
A party must obtain chambers' permission before using email beyond the specified permitted uses.
If a party believes an exception to this rule is warranted, it must obtain permission from chambers before using email other than as outlined above.
Page 1 | 1.A. Letters
Parties may not communicate directly with chambers by email, subject to the expressly stated permitted uses of email.
Parties may not communicate with chambers directly by email.
Page 1 | 1.A. Letters
Chambers communications generally must be made by letter, with copies delivered to all counsel at the same time, subject to stated exceptions.
Except as otherwise provided below, communications with chambers shall be by letter, with copies simultaneously delivered to all counsel.
Page 1 | 1.A. Letters
The email should: (1) include the word “URGENT” in the subject line; (2) provide a telephone number at which the filing party and any other relevant parties can be reached; and (3) except for ex parte applications, provide the relevant parties’ availability for a conference in the next few days.
The email should: (1) include the word “URGENT” in the subject line; (2) provide a telephone number at which the filing party and any other relevant parties can be reached; and (3) except for ex parte applications, provide the relevant parties’ availability for a conference in the next few days.
Page 5 | 2. Motions in Civil Cases
Phone calls to chambers only for urgent matters; email with 'URGENT' subject line to request phone number.
Telephone calls to chambers are permitted only in situations requiring immediate attention. In such situations, email the chambers email box to request the phone number, and place “URGENT” in the subject line of the email. If an ECF submission requires immediate attention, the filing party should email courtesy copies of the filing and place “URGENT” in the subject line.
Page 1 | Communications with Chambers
Last-minute requests for electronic device permission will not be considered.
Last-minute requests will not be considered.
Calls to chambers are permitted only when a situation requires immediate attention.
Telephone calls to chambers are permitted only in situations requiring immediate attention.
Page 1 | 1.B. Urgent Communications
Email may be used only for courtesy copies of ECF-filed letters, PDFs of letters covered by the stated exceptions, or communications permitted under section 1.B.
Email is to be used only to submit courtesy copies of letters filed on ECF or to submit a PDF of a letter if one of the exceptions set forth in the second sentence above applies or as permitted in section 1.B. below.
Page 1 | 1.A. Letters
For an immediate-attention situation, email chambers to request the phone number and put “URGENT” in the subject line.
In such situations, email the chambers email box to request the phone number, and place “URGENT” in the subject line of the email.
Page 1 | 1.B. Urgent Communications
Parties may not email chambers directly, except as provided in items 1.A and 1.B.
Except as set forth in items 1.A and 1.B above, parties may not communicate directly with chambers by email.
Page 3 | 1. Communications with Chambers
Proposed jury instructions should also be emailed to Chambers in Word or WordPerfect format.
In addition to being filed in the normal manner, proposed jury instructions should be emailed (in Word or WordPerfect) to chambersnysdseibel@nysd.uscourts.gov.
Page 7 | 3.B. Filings Prior to Trial in Civil Cases
Covered attorneys must request permission to bring the specified devices into the Courthouse three business days in advance.
Attorneys who, under the Standing Order, require the court’s permission to bring a Personal Electronic Device into the Courthouse, and all attorneys wishing to bring a General Purpose Computing Device (as defined in the Standing Order) into the Courthouse, must request the court’s permission three (3) business days in advance.
Page 10 | 10. Personal Electronic Devices
Contact Courtroom Deputy Clerk Walter Clark for docketing/scheduling matters between 9 AM and 5 PM.
Please contact Courtroom Deputy Clerk Walter Clark at walter_clark@nysd.uscourts.gov between 9 am and 5 pm.
Page 1 | Communications with Chambers
Contact the courtroom deputy clerk by email for docketing, scheduling, and calendar matters between 9 a.m. and 5 p.m.
Please contact Courtroom Deputy Clerk Walter Clark at walter_clark@nysd.uscourts.gov between 9 am and 5 pm.
Page 1 | 1.C. Docketing, Scheduling, and Calendar Matters
Junior Lawyer Participation Incentives
The Court encourages senior lawyers to allow junior lawyers the opportunity to argue in court, whether at a conference, hearing, trial or otherwise. Indeed, the Court prefers that the lawyer most familiar with an issue argue it in court, regardless of seniority. The Court may permit more than one lawyer to argue for one party where doing so would create the opportunity for a junior lawyer to argue.
The Court encourages senior lawyers to allow junior lawyers the opportunity to argue in court, whether at a conference, hearing, trial or otherwise. Indeed, the Court prefers that the lawyer most familiar with an issue argue it in court, regardless of seniority. The Court may permit more than one lawyer to argue for one party where doing so would create the opportunity for a junior lawyer to argue.
Page 10 | 4
The Court may allow multiple lawyers for one party to argue when that creates an opportunity for a junior lawyer.
The Court may permit more than one lawyer to argue for one party where doing so would create the opportunity for a junior lawyer to argue.
Page 8 | 4. Argument
The Court prefers that the lawyer most familiar with an issue argue it, regardless of seniority.
Indeed, the Court prefers that the lawyer most familiar with an issue argue it in court, regardless of seniority.
Page 8 | 4. Argument
The Court encourages senior lawyers to give junior lawyers opportunities to argue in court.
The Court encourages senior lawyers to allow junior lawyers the opportunity to argue in court, whether at a conference, hearing, trial or otherwise.
Page 8 | 4. Argument