Court Rules
Magistrate Judge

Judge Gabriel W. Gorenstein

Individual Rules, Standing Orders & Policies

Rules last changed:
Southern District of New York

Limits & Logistics

Courtesy Copies

Memorandum of Law

  • 1 copy • Mail • Upon Filing
  • 1 copy • Upon Filing

Adjournments

  • Extension requests must include dates, previous requests, reason, adversary position, and proposed changes to other dates.
  • Objections to discovery deadline extensions require compliance with pre-motion conference requirements.
  • Objection to discovery deadline extension requires compliance with pre-motion conference requirements.

Request must include

Reason for RequestOriginal DateNumber of Previous RequestsAdversary PositionProposed New Dates
5Business Daysnotice
  • Adjournment requests must be made 5 business days before appearance (unless emergency), contact Deputy Clerk for dates, check other parties’ availability, file ECF letter with positions.
  • Adjournment requests must be made at least 5 business days before appearance unless unforeseen circumstances.
Reason for RequestAdversary PositionProposed Rescheduled Date

Communication

Phone

Chambers

(212) 805-4260
SchedulingEmergencies
No status inquiries
Letter via ECF
No status inquiries
Email
Hours: midnight
Letter via ECF

Chambers

Scheduling
No status inquiries
Filters:

Page & Word Limits2 rules

Page LimitsNoteCivil cases

No page/word limits on memoranda of law, but >10 pages requires table of contents.

Court's wording

Notwithstanding the provisions of Local Rule 7.1 (c) to the contrary, the Court does not impose page or word count limitations on memoranda of law. Nonetheless, a party should make every effort to eliminate repetitive or unnecessary mater from memoranda so as not to unnecessarily burden the Court. Memoranda of more than 10 pages shall contain a table of contents.

Page LimitsNoteCivil cases

No page/word limits on memoranda of law, but those over 10 pages must include a table of contents.

Court's wording

Notwithstanding the provisions of Local Rule 7.1 (c) to the contrary, the Court does not impose page or word count limitations on memoranda of law. Nonetheless, a party should make every effort to eliminate repetitive or unnecessary mater from memoranda so as not to unnecessarily burden the Court. Memoranda of more than 10 pages shall contain a table of contents.

Document Filing Requirements22 rules

Filing RequirementsMandatoryCivil cases

Memoranda must contain fact sections with citations, not incorporate by reference.

Court's wording

The memorandum of law must set forth all pertinent facts, which may not be accomplished by incorporating by reference other documents, such as affidavits or statements under Local Civil Rule 56.1. Instead, the memorandum must contain a fact section that sets forth all facts relevant to the motion and, for each factual statement, provides one or more citations (with specific page or paragraph numbers) to

Filing RequirementsMandatoryCivil cases

A memorandum of law must accompany all motions and oppositions thereto. See Local Civil Rule 7.1.

Document
Motion

Must include

  • Memorandum of law
Filing RequirementsMandatoryCivil cases

As required by Local Civil Rule 7.2, counsel must provide a pro se litigant with printed copies of decisions cited in any submission that are reported exclusively in computerized databases.

Document
Submission

Must include

  • Printed copies for pro se
Filing RequirementsMandatoryCivil cases

Summary judgment motions must comply with Local Rule 56.1.

Court's wording

Any motion for summary judgment must comply with Local Civil Rule 56.1, except that a party who is not required to comply with Local Civil Rule 56.1(d) based on the applicability of Fed. R. Civ. P. 56(c)(1)(B) may seek to be relieved of Local Civil Rule 56.1(d)'s requirements by raising the issue in the pre-motion conference request.

GWG Individual practices -- GWG -- January 29, 2025 · Jan 2025 · p. 4
|SectionApplicability of Rule 56.1 to Summary Judgment Motions
Filing RequirementsMandatoryCivil cases

Unless otherwise ordered by the Court, within 30 days from the date for the completion of discovery in a civil case, the parties shall submit to the Court for its approval a joint pretrial order

Filing RequirementsMandatoryCivil cases

Loose-leaf binder with exhibits and deposition testimony required before trial

Court's wording

At or before the time the materials set forth in paragraph 3.C above are filed, the parties shall deliver to the Court in a loose-leaf binder: (1) a copy of each of the party’s pre-marked exhibits, see paragraph 3.B.x above, and (2) a copy of any deposition testimony designated in paragraph 3.B.ix above.

GWG Individual practices -- GWG -- January 29, 2025 · Jan 2025 · p. 6
|SectionD. Submissions to the Court Prior to Trial in Civil Cases
Filing RequirementsMandatoryCivil cases

Unless otherwise ordered by the Court, each party shall file – at the same time as the filing of the joint pretrial order – the following:

GWG Individual practices -- GWG -- January 29, 2025 · Jan 2025 · p. 6
|SectionC. Filings Prior to Trial in Civil Cases
Filing RequirementsMandatoryCivil cases

Letter application required for out-of-order witness scheduling

Court's wording

Any requests to schedule a witness out of order and/or for a particular day must be made by a letter application that states the opposing party’s position and that is sent (1) prior to trial and (2) as soon as counsel is aware of the limited availability of that witness.

Filing RequirementsMandatoryCivil cases

Conference attendee must have ultimate settlement authority, not delegated authority.

Court's wording

I certify that the person attending the conference (in person or by telephone) is the person with ultimate responsibility for determining the settlement amount: that is, the person responsible for giving settlement authority, not someone who has received authority from another person.

Filing RequirementsMandatoryCivil cases

I certify that I have read both the Court’s Order scheduling this conference as well as the “Standing Order Applicable to Settlement Conferences Before Judge Gorenstein.”

Filing RequirementsMandatoryCivil cases

Attorney must provide opposing counsel's settlement letter to all conference attendees before the conference.

Court's wording

I certify that I will promptly supply a copy of opposing counsel’s settlement letter to all persons attending the conference (by telephone or in person), and I will ensure that each person has read opposing counsel’s letter prior to the conference.

Filing RequirementsMandatoryCivil cases

Joint pretrial order required within 30 days after discovery completion

Court's wording

Unless otherwise ordered by the Court, within 30 days from the date for the completion of discovery in a civil case, the parties shall submit to the Court for its approval a joint pretrial order, which shall include the following:

Filing RequirementsMandatoryCivil cases

Unless otherwise ordered by the Court, each party shall file – at the same time as the filing of the joint pretrial order – the following:

GWG Gorenstein Individual practices January 29 2025 · Jan 2025 · p. 6
|SectionC. Filings Prior to Trial in Civil Cases
Filing RequirementsMandatoryCivil cases

Pre-marked exhibits and deposition testimony must be delivered to Court in loose-leaf binder

Document
Exhibits depositions

Must include

  • Deposition testimony

Court's wording

At or before the time the materials set forth in paragraph 3.C above are filed, the parties shall deliver to the Court in a loose-leaf binder: (1) a copy of each of the party’s pre-marked exhibits, see paragraph 3.B.x above, and (2) a copy of any deposition testimony designated in paragraph 3.B.ix above.

GWG Gorenstein Individual practices January 29 2025 · Jan 2025 · p. 6
|SectionD. Submissions to the Court Prior to Trial in Civil Cases
Filing RequirementsMandatoryCivil cases

Out-of-order witness scheduling requests require letter application with opposing party’s position, must be timely

Document
Witness scheduling request

Must include

  • Opposing party position

Court's wording

Any requests to schedule a witness out of order and/or for a particular day must be made by a letter application that states the opposing party’s position and that is sent (1) prior to trial and (2) as soon as counsel is aware of the limited availability of that witness. Untimely applications will be denied.

Filing RequirementsMandatoryCivil cases

As required by Local Civil Rule 7.2, counsel must provide a pro se litigant with printed copies of decisions cited in any submission that are reported exclusively in computerized databases.

Document
Submission

Must include

  • Printed copies for pro se
Filing RequirementsMandatoryCivil cases

Memoranda of law must contain a fact section with all relevant facts and citations to specific pages or paragraphs.

Court's wording

The memorandum of law must set forth all pertinent facts, which may not be accomplished by incorporating by reference other documents, such as affidavits or statements under Local Civil Rule 56.1. Instead, the memorandum must contain a fact section that sets forth all facts relevant to the motion and, for each factual statement, provides one or more citations (with specific page or paragraph numbers) to

Filing RequirementsMandatoryCivil cases

A memorandum of law must accompany all motions and oppositions thereto. See Local Civil Rule 7.1.

Document
Motion

Must include

  • Memorandum of law
Filing RequirementsImportantCivil cases

Untimely applications will be denied.

Filing RequirementsImportantCivil cases

When a party’s case commences, that party is expected to have witnesses available to fill the trial day, which runs from 9:00 a.m. to 5:00 p.m. with a one hour lunch break. The parties are warned that if a party does not have a witness available to testify, the Court may deem that party to have rested.

Filing RequirementsNoteCivil cases

Electronic device orders require ECF letter with form, filed 2 business days before proceeding; only attorneys eligible.

Court's wording

Orders permitting an attorney to bring an electronic device to the Courthouse may be requested by filing a letter on ECF (using the “Letter” category) that attaches a completed form. Any such letter shall be filed at least two business days before the proceeding at issue. The form for such orders is located on the forms page of the SDNY website and is entitled “Fillable Form For Electronic Devices General Purpose.” (It can be found by using the “what are you seeking” box on the Forms page and searching for “electronic devices.”) Note that only attorneys are eligible for such an order.

Filing RequirementsNoteCivil cases

When a party’s case commences, that party is expected to have witnesses available to fill the trial day, which runs from 9:00 a.m. to 5:00 p.m. with a one hour lunch break.

Filing & Service rules

Courtesy Copy Requirements

One courtesy copy of each memorandum of law must be sent to Chambers by mail at filing.

A party must send to Chambers (by postal mail or other delivery to 40 Foley Square) one courtesy copy of each memorandum of law the party files, marked as such, at the same time as it is filed.

Civil cases

Page 3 | Courtesy Copies of Motion Papers

One courtesy copy of each memorandum of law must be sent to Chambers at 40 Foley Square at the time of filing.

A party must send to Chambers (by postal mail or other delivery to 40 Foley Square) one courtesy copy of each memorandum of law the party files, marked as such, at the same time as it is filed.

Civil cases

Sealing & Redaction Procedures

At the time of the filing of the redacted and unredacted versions of the materials, the filing party shall either (1) state that the redactions are a result of a Confidentiality Order designation made by another party and that such other party has an obligation to file a motion to seal within 7 days or (2) file a motion to seal (either as a formal motion or as a letter motion) that justifies the proposed sealing by citing case law and providing any factual explanation required to justify the sealing.

At the time of the filing of the redacted and unredacted versions of the materials, the filing party shall either (1) state that the redactions are a result of a Confidentiality Order designation made by another party and that such other party has an obligation to file a motion to seal within 7 days or (2) file a motion to seal (either as a formal motion or as a letter motion) that justifies the proposed sealing by citing case law and providing any factual explanation required to justify the sealing.

Civil cases

Page 3 | Requests to File Materials Under Seal

Sealed filings require both sealed and redacted versions; sensitive info must be redacted.

The parties are reminded that the filing of any papers or portions of papers under seal is only permitted pursuant to an order of the Court or these Individual Practices. (This does not apply to the sensitive information described in Fed. R. Civ. P. 5.2 which must be redacted and for which no Court order is required). To the extent papers proposed for filing contain material that one or both sides believe should be filed under seal, the party shall (1) file the materials under seal and (2) publicly file the materials in redacted form (that is, in a form that redacts information that is proposed to be sealed).

Civil cases

Page 3 | Requests to File Materials Under Seal

Motion to seal must be filed within 7 days, either by the filing party or the designating party.

At the time of the filing of the redacted and unredacted versions of the materials, the filing party shall either (1) state that the redactions are a result of a Confidentiality Order designation made by another party and that such other party has an obligation to file a motion to seal within 7 days or (2) file a motion to seal (either as a formal motion or as a letter motion) that justifies the proposed sealing by citing case law and providing any factual explanation required to justify the sealing. In cases where the request to seal arises because of an opposing party’s designations, the opposing party has the obligation to make the written application to the Court justifying the proposed sealing and shall make the application within 7 days of the filing.

Civil cases

Sealed filings require both sealed and redacted versions, with redactions clearly indicated.

The parties are reminded that the filing of any papers or portions of papers under seal is only permitted pursuant to an order of the Court or these Individual Practices. (This does not apply to the sensitive information described in Fed. R. Civ. P. 5.2 which must be redacted and for which no Court order is required). To the extent papers proposed for filing contain material that one or both sides believe should be filed under seal, the party shall (1) file the materials under seal and (2) publicly file the materials in redacted form (that is, in a form that redacts information that is proposed to be sealed). The set of papers filed under seal shall highlight any proposed redactions or otherwise clearly indicate where they occur.

Civil cases

Pre-Motion Conference Requirements

Pre-motion conferences required for motions before Judge Gorenstein except for pro hac vice, reconsideration, certain appeal motions, recusal, and show cause applications.

As described below, pre-motion conferences are required where the proposed motion is returnable before Judge Gorenstein, or where the proposed motion has been referred to Judge Gorenstein, except that no pre-motion conference is required for motions for admission pro hac vice, motions for reconsideration or reargument, motions listed in Fed. R. App. P. 4(a)(4)(A), motions for recusal, and applications made by order to show cause.

Civil cases

Page 2 | Motions

Discovery motions require good faith conference first; moving party must certify conference details in 5-page letter; opposing party responds promptly.

Discovery Motions. No application relating to discovery (that is, any dispute arising under Rules 26 through 37 or Rule 45 of the Federal Rules of Civil Procedure) shall be heard unless the moving party has first conferred in good faith by telephone or in person with all other relevant parties in an effort to resolve the dispute. A party must respond within one business day to any request from another party to confer unless an emergency prevents such a response. If the conference with the relevant parties has not resolved the dispute, the moving party must confirm this fact with the opposing party and must inform the opposing party during the conference that as a result of the impasse the moving party intends to seek relief from the Court regarding the dispute. The moving party must thereafter promptly request a conference with the Court. See Local Civil Rule 37.2. To request a conference with the Court, the moving party shall submit a letter (normally not more than five pages) setting forth the basis of the dispute and the need for the anticipated motion. (Do not use the “Letter Motion” category on ECF for such a letter; use instead the “Letter” category.) The letter must certify that the required in-person or telephonic conference took place between the relevant parties. The letter must also state (1) the date and time of such conference, (2) the approximate duration of the conference, (3) the names of the attorneys who participated, (4) the adversary’s position as to each issue being raised (as stated by the adversary during the in-person or telephonic conference), and (5) that the moving party informed the adversary during the conference that the moving party believed the parties to be at an impasse and that the moving party would be requesting a conference with the Court. None of these requirements may be satisfied by attaching copies of communications between the parties and it is usually unhelpful to attach such communications. The party opposing the requested relief must submit a letter to the Court in response as soon as practicable and in any event within

Civil cases

Page 2 | Motions

To arrange a pre-motion conference for non- discovery matters, the moving party shall submit a letter setting forth briefly (normally in not more than three pages) the nature of the anticipated motion. An opposing party shall respond within two business days.

To arrange a pre-motion conference for non- discovery matters, the moving party shall submit a letter setting forth briefly (normally in not more than three pages) the nature of the anticipated motion. An opposing party shall respond within two business days.

Civil cases

Page 3 | Pre-Motion Conferences in Civil Cases

Pre-motion conferences required for motions before/referred to Judge Gorenstein, except for specified exceptions.

As described below, pre-motion conferences are required where the proposed motion is returnable before Judge Gorenstein, or where the proposed motion has been referred to Judge Gorenstein, except that no pre-motion conference is required for motions for admission pro hac vice, motions for reconsideration or reargument, motions listed in Fed. R. App. P. 4(a)(4)(A), motions for recusal, and applications made by order to show cause.

Civil cases

Page 2 | Motions

Conference request letter must certify that required conference took place.

The letter must certify that the required in-person or telephonic conference took place between the relevant parties.

Civil cases

Page 2 | Motions

Discovery motions require good faith conference with opposing parties before filing.

Discovery Motions. No application relating to discovery (that is, any dispute arising under Rules 26 through 37 or Rule 45 of the Federal Rules of Civil Procedure) shall be heard unless the moving party has first conferred in good faith by telephone or in person with all other relevant parties in an effort to resolve the dispute.

Civil cases

Page 2 | Motions

Conference request letter must include conference date/time, duration, participants, adversary positions, and impasse notification.

The letter must also state (1) the date and time of such conference, (2) the approximate duration of the conference, (3) the names of the attorneys who participated, (4) the adversary’s position as to each issue being raised (as stated by the adversary during the in-person or telephonic conference), and (5) that the moving party informed the adversary during the conference that the moving party believed the parties to be at an impasse and that the moving party would be requesting a conference with the Court.

Civil cases

Page 2 | Motions

If conference doesn't resolve dispute, moving party must confirm impasse with opposing party.

If the conference with the relevant parties has not resolved the dispute, the moving party must confirm this fact with the opposing party and must inform the opposing party during the conference that as a result of the impasse the moving party intends to seek relief from the Court regarding the dispute.

Civil cases

Page 2 | Motions

Requirements cannot be satisfied by attaching party communications.

None of these requirements may be satisfied by attaching copies of communications between the parties and it is usually unhelpful to attach such communications.

Civil cases

Page 2 | Motions

Opposing party must respond to conference request letter as soon as practicable.

The party opposing the requested relief must submit a letter to the Court in response as soon as practicable and in any event within

Civil cases

Page 2 | Motions

After impasse, moving party must promptly request conference with court.

The moving party must thereafter promptly request a conference with the Court.

Civil cases

Page 2 | Motions

Conference request letter limited to 5 pages, setting forth dispute basis and need for motion.

To request a conference with the Court, the moving party shall submit a letter (normally not more than five pages) setting forth the basis of the dispute and the need for the anticipated motion.

Civil cases

Page 2 | Motions

Must respond to conference requests within one business day unless emergency.

A party must respond within one business day to any request from another party to confer unless an emergency prevents such a response.

Civil cases

Page 2 | Motions

Adjournment & Extension Requirements

Extension requests must include dates, previous requests, reason, adversary position, and proposed changes to other dates.

Requests for extensions of deadlines must state (1) the date or dates sought to be extended, (2) the number of previous requests for extensions, (3) the reason for the extension, and (4) whether the adversary objects and, if so, the reasons given by the adversary for objecting. To the extent a request to extend a particular date requires a change in other scheduled dates, the request must list the proposed change for all such other dates, giving the new proposed date for each affected deadline. A request may be made either by letter or by a joint stipulation that reflects the required information.

Civil cases

Page 1 | Communications with Chambers

Adjournment requests must be made 5 business days before appearance (unless emergency), contact Deputy Clerk for dates, check other parties’ availability, file ECF letter with positions.

A request for an adjournment of a court appearance shall be made as soon as a party is aware of the need for the adjournment and, in any event, no later than five business days prior to the scheduled appearance (absent unforeseen circumstances). Prior to making such a request, the party intending to make the request should contact the Deputy Clerk ((212) 805-4260), to determine an alternative date for which the Court is available for a rescheduled court appearance. The requesting party should next contact all other parties to determine their availability for that date. The requesting party must then file a letter to the Court on ECF seeking the adjournment, stating the date and time that is being requested. The letter must include a statement as to the other parties’ positions on the change in date. The appearance is not adjourned unless the parties are thereafter informed by the Court that the written application has been granted.

Civil cases

Page 2 | Communications with Chambers

Extension requests must include dates, previous requests, reason, adversary position, and proposed changes to other dates.

Requests for extensions of deadlines must state (1) the date or dates sought to be extended, (2) the number of previous requests for extensions, (3) the reason for the extension, and (4) whether the adversary objects and, if so, the reasons given by the adversary for objecting. To the extent a request to extend a particular date requires a change in other scheduled dates, the request must list the proposed change for all such other dates, giving the new proposed date for each affected deadline. A request may be made either by letter or by a joint stipulation that reflects the required information.

Civil cases

Page 1 | Communications with Chambers

Adjournment requests must be made at least 5 business days before appearance unless unforeseen circumstances.

A request for an adjournment of a court appearance shall be made as soon as a party is aware of the need for the adjournment and, in any event, no later than five business days prior to the scheduled appearance (absent unforeseen circumstances).

Civil cases

Page 2 | Communications with Chambers

Objections to discovery deadline extensions require compliance with pre-motion conference requirements.

Note: to the extent a party’s adversary objects to a request regarding a discovery deadline, the party must also comply with the conference requirements of paragraph 2.A below.

Civil cases

Page 1 | Communications with Chambers

Objection to discovery deadline extension requires compliance with pre-motion conference requirements.

Note: to the extent a party’s adversary objects to a request regarding a discovery deadline, the party must also comply with the conference requirements of paragraph 2.A below.

Civil cases

Page 1 | Communications with Chambers

Chambers Communication Rules

Letters by mail/overnight to 40 Foley Square; hand delivery accepted; no email letters.

Letters sent by mail or overnight delivery should be addressed to Judge Gorenstein at the U.S. Courthouse, 40 Foley Square, New York, NY 10007. If delivered by hand, letters should be brought to 40 Foley Square. The Court does not accept letters by email.

Civil cases

Page 1 | Communications with Chambers

Telephone calls to chambers only for emergencies; otherwise use letters.

Except as provided in Paragraph 1.D below, telephone calls to Chambers are permitted only in emergency situations. For any other situation, a party may submit a letter to the Court in accordance with paragraphs 1.A and 1.B above.

Civil cases

Page 1 | Communications with Chambers

Settlement conference acknowledgment form must be emailed 4 business days before conference to all attending attorneys and Judge Gorenstein.

Complete this form (please print or type) or its equivalent, sign it, and email it no later than midnight four business days prior to the conference (1) to all other attorneys who will be attending the conference and (2) to Judge Gorenstein.

Civil cases

Page 1 | ACKNOWLEDGMENT FORM

Letters sent by mail or overnight delivery should be addressed to Judge Gorenstein at the U.S. Courthouse, 40 Foley Square, New York, NY 10007. If delivered by hand, letters should be brought to 40 Foley Square. The Court does not accept letters by email.

Letters sent by mail or overnight delivery should be addressed to Judge Gorenstein at the U.S. Courthouse, 40 Foley Square, New York, NY 10007. If delivered by hand, letters should be brought to 40 Foley Square. The Court does not accept letters by email.

Civil cases

Page 1 | Communications with Chambers

File ECF letter requesting adjournment with requested date/time and other parties' positions; appearance not adjourned until court grants.

The requesting party must then file a letter to the Court on ECF seeking the adjournment, stating the date and time that is being requested. The letter must include a statement as to the other parties’ positions on the change in date. The appearance is not adjourned unless the parties are thereafter informed by the Court that the written application has been granted.

Civil cases

Page 2 | Communications with Chambers

Letters to court permitted but must comply with Individual Practices; no copying court on counsel correspondence.

Letters to the Court are permitted. However, the Court will not consider any letter that fails to comply with any applicable requirement contained in these Individual Practices. Parties shall not copy the Court on correspondence sent between counsel or the parties.

Civil cases

Page 1 | Communications with Chambers

Except as provided in Paragraph 1.D below, telephone calls to Chambers are permitted only in emergency situations. For any other situation, a party may submit a letter to the Court in accordance with paragraphs 1.A and 1.B above.

Except as provided in Paragraph 1.D below, telephone calls to Chambers are permitted only in emergency situations. For any other situation, a party may submit a letter to the Court in accordance with paragraphs 1.A and 1.B above.

Civil cases

Page 1 | Communications with Chambers

Letters to court permitted but must comply with requirements; no copying court on counsel correspondence.

Letters to the Court are permitted. However, the Court will not consider any letter that fails to comply with any applicable requirement contained in these Individual Practices. Parties shall not copy the Court on correspondence sent between counsel or the parties.

Civil cases

Page 1 | Communications with Chambers

Call (212) 805-4260 for adjournment date availability.

For information regarding available dates for adjournments as stated in paragraph 1.F below, call Chambers at (212) 805-4260.

Civil cases

Page 1 | Communications with Chambers

For any request for an extension or an adjournment (which must comply with paragraphs 1.E and 1.F below), counsel should select the “letter motions” option on ECF. All other letters should be docketed simply as a “letter.” If a letter is filed on ECF, a courtesy copy should not be sent to Chambers.

For any request for an extension or an adjournment (which must comply with paragraphs 1.E and 1.F below), counsel should select the “letter motions” option on ECF. All other letters should be docketed simply as a “letter.” If a letter is filed on ECF, a courtesy copy should not be sent to Chambers.

Civil cases

Page 1 | Communications with Chambers

For any request for an extension or an adjournment (which must comply with paragraphs 1.E and 1.F below), counsel should select the “letter motions” option on ECF. All other letters should be docketed simply as a “letter.” If a letter is filed on ECF, a courtesy copy should not be sent to Chambers.

For any request for an extension or an adjournment (which must comply with paragraphs 1.E and 1.F below), counsel should select the “letter motions” option on ECF. All other letters should be docketed simply as a “letter.” If a letter is filed on ECF, a courtesy copy should not be sent to Chambers.

Civil cases

Page 1 | Communications with Chambers

Call chambers at (212) 805-4260 for adjournment date availability.

For information regarding available dates for adjournments as stated in paragraph 1.F below, call Chambers at (212) 805-4260.

Civil cases

Page 1 | Communications with Chambers

Only attorneys eligible for electronic device orders.

Note that only attorneys are eligible for such an order.

Civil cases

Page 2 | Communications with Chambers

Discovery conference request letters must use 'Letter' category, not 'Letter Motion' on ECF.

(Do not use the “Letter Motion” category on ECF for such a letter; use instead the “Letter” category.)

Civil cases

Page 2 | Motions

Contact Deputy Clerk at (212) 805-4260 for available dates, then check other parties' availability before requesting adjournment.

Prior to making such a request, the party intending to make the request should contact the Deputy Clerk ((212) 805-4260), to determine an alternative date for which the Court is available for a rescheduled court appearance. The requesting party should next contact all other parties to determine their availability for that date.

Civil cases

Page 2 | Communications with Chambers

Electronic device orders require ECF letter (Letter category) filed at least 2 business days before proceeding.

Orders permitting an attorney to bring an electronic device to the Courthouse may be requested by filing a letter on ECF (using the “Letter” category) that attaches a completed form. Any such letter shall be filed at least two business days before the proceeding at issue.

Civil cases

Page 2 | Communications with Chambers

Junior Lawyer Participation Incentives

Oral argument rarely granted; more likely if junior lawyer (admitted within 5 years) argues.

Judge Gorenstein normally does not hear oral argument on motions. A party may request oral argument by letter. If the Court determines that argument will be heard, it will so advise the parties. (A request for oral argument is more likely to be granted if a party identifies a lawyer to argue the motion who has been admitted within the previous five years and references this paragraph in the letter request.)

Civil cases

Page 4 | Oral Argument on Motions

Oral argument rarely granted; more likely if lawyer admitted within 5 years argues.

Judge Gorenstein normally does not hear oral argument on motions. A party may request oral argument by letter. If the Court determines that argument will be heard, it will so advise the parties. (A request for oral argument is more likely to be granted if a party identifies a lawyer to argue the motion who has been admitted within the previous five years and references this paragraph in the letter request.)

Civil cases

About United States Magistrate Judge Gabriel W. Gorenstein

Magistrate Judge Gabriel W. Gorenstein was first appointed to the Southern District of New York on March 2, 2001, and has been reappointed to subsequent eight-year terms.

Before joining the bench, Judge Gorenstein served as a New York City Criminal Court Judge from 1998 to 2001 and as General Counsel and Acting First Deputy Commissioner of the New York City Human Resources Administration from 1994 to 1997. He clerked for the Honorable Spottswood Robinson of the U.S. Court of Appeals for the D.C. Circuit and has served as an Adjunct Professor of Law at Brooklyn Law School since 1997.

Education

  • Columbia Law School, J.D., 1984
  • Yale University, B.A. in psychology, 1979

Career

  • U.S. Magistrate Judge, Southern District of New York (2001–present)
  • Adjunct Professor of Law, Brooklyn Law School (1997–present)
  • New York City Criminal Court Judge (1998–2001)
  • Acting First Deputy Commissioner, NYC Human Resources Administration (1996–1997)
  • General Counsel, NYC Human Resources Administration (1994–1996)
  • Law clerk to Hon. Spottswood Robinson, U.S. Court of Appeals, D.C. Circuit (1985)

Courthouse: Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007 Courtroom: 519

Chambers Staff

  • Scheduling/Contact: Chambers contact via court website
Common questions about Judge Gabriel W. Gorenstein's rules

Are courtesy copies required for Judge Gabriel W. Gorenstein?

Courtesy-copy rule applies for memorandum of laws. Details: 1 copy, delivery upon filing, by mail. One courtesy copy of each memorandum of law must be sent to Chambers by mail at filing.

View ruleSource: page 3, section Courtesy Copies of Motion Papers

Does Judge Gabriel W. Gorenstein require a pre-motion conference or letter before filing a motion?

Pre-motion conferences required for motions before Judge Gorenstein except for pro hac vice, reconsideration, certain appeal motions, recusal, and show cause applications.

View ruleSource: page 2, section Motions

What must be included with letter application filings before Judge Gabriel W. Gorenstein?

The rule requires legal argument and statement of facts. Letter application required for out-of-order witness scheduling

View ruleSource: page 6, section E. Witnesses at Trial

What must be included with memorandum of law filings before Judge Gabriel W. Gorenstein?

The rule requires statement of facts. Memoranda must contain fact sections with citations, not incorporate by reference.

View ruleSource: page 3, section Memoranda of Law

How may parties contact Judge Gabriel W. Gorenstein's chambers?

Letters by mail/overnight to 40 Foley Square; hand delivery accepted; no email letters.

View ruleSource: page 1, section Communications with Chambers

How does Judge Gabriel W. Gorenstein handle sealed or redacted filings?

A motion to seal is required for covered sealed filings before Judge Gabriel W. Gorenstein. Process: file redacted on ecf and file unredacted to chambers. Sealed filings require both sealed and redacted versions; sensitive info must be redacted.

View ruleSource: page 3, section Requests to File Materials Under Seal

How do I request an adjournment or extension before Judge Gabriel W. Gorenstein?

The request must include reason for request, original date, number of previous requests, adversary position, and proposed new dates. Extension requests must include dates, previous requests, reason, adversary position, and proposed changes to other dates.

View ruleSource: page 1, section Communications with Chambers

Does Judge Gabriel W. Gorenstein encourage junior lawyer participation?

Yes. Judge Gabriel W. Gorenstein's rules include a junior lawyer participation incentive. Oral argument rarely granted; more likely if junior lawyer (admitted within 5 years) argues.

View ruleSource: page 4, section Oral Argument on Motions
Complete rules summary for Judge Gabriel W. Gorenstein

Letter application required for out-of-order witness scheduling

Untimely witness scheduling applications will be denied

Electronic device orders require ECF letter with form, filed 2 business days before proceeding; only attorneys eligible.

Extension requests must include dates, previous requests, reason, adversary position, and proposed changes to other dates.

Letters to court permitted but must comply with Individual Practices; no copying court on counsel correspondence.

For any request for an extension or an adjournment (which must comply with paragraphs 1.E and 1.F below), counsel should select the “letter motions” option on ECF. All other letters should be docketed simply as a “letter.” If a letter is filed on ECF, a courtesy copy should not be sent to Chambers.

Letters by mail/overnight to 40 Foley Square; hand delivery accepted; no email letters.

Telephone calls to chambers only for emergencies; otherwise use letters.

Adjournment requests must be made 5 business days before appearance (unless emergency), contact Deputy Clerk for dates, check other parties’ availability, file ECF letter with positions.

Sealed filings require both sealed and redacted versions; sensitive info must be redacted.

Pre-motion conferences required for motions before Judge Gorenstein except for pro hac vice, reconsideration, certain appeal motions, recusal, and show cause applications.

Memoranda must contain fact sections with citations, not incorporate by reference.

Discovery motions require good faith conference first; moving party must certify conference details in 5-page letter; opposing party responds promptly.

Memorandum of law required with all motions and oppositions.

Summary judgment motions must comply with Local Rule 56.1.

Joint pretrial order required within 30 days after discovery completion

At the time of the filing of the redacted and unredacted versions of the materials, the filing party shall either (1) state that the redactions are a result of a Confidentiality Order designation made by another party and that such other party has an obligation to file a motion to seal within 7 days or (2) file a motion to seal (either as a formal motion or as a letter motion) that justifies the proposed sealing by citing case law and providing any factual explanation required to justify the sealing.

Trial day runs 9:00 AM to 5:00 PM with one hour lunch break

To arrange a pre-motion conference for non- discovery matters, the moving party shall submit a letter setting forth briefly (normally in not more than three pages) the nature of the anticipated motion. An opposing party shall respond within two business days.

As required by Local Civil Rule 7.2, counsel must provide a pro se litigant with printed copies of decisions cited in any submission that are reported exclusively in computerized databases.

Loose-leaf binder with exhibits and deposition testimony required before trial

Objections to discovery deadline extensions require compliance with pre-motion conference requirements.

Unless otherwise ordered by the Court, each party shall file – at the same time as the filing of the joint pretrial order – the following:

Call (212) 805-4260 for adjournment date availability.

No page/word limits on memoranda of law, but >10 pages requires table of contents.

Oral argument rarely granted; more likely if junior lawyer (admitted within 5 years) argues.

One courtesy copy of each memorandum of law must be sent to Chambers by mail at filing.

Attorney must certify having read both the scheduling order and Judge Gorenstein's standing order for settlement conferences.

Conference attendee must have ultimate settlement authority, not delegated authority.

Settlement conference acknowledgment form must be emailed 4 business days before conference to all attending attorneys and Judge Gorenstein.

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