Court Rules
magistrate Judge
Verified Current9 days ago

Judge Gabriel W. Gorenstein

Southern District of New York

Limits & Logistics

Courtesy Copies

Filings (Memorandum Of Law)

Required

Adjournments

Must Include

  • 1
    Reason For Request
  • 2
    Original Date
  • 3
    Number Of Previous Requests
  • 4
    Adversary Position
  • 5
    Proposed New Dates
Notice Required
5Business Days

Must Include

  • 1
    Reason For Request
  • 2
    Original Date
  • 3
    Adversary Position
  • 4
    Proposed Rescheduled Date

Communication

Letter Ecf

Chambers

No Status Inquiries
Letter Fax

Chambers

Advance Notice Required
No Hours, Status Inquiries
Phone

Chambers

Emergencies
Advance Notice Required
No Hours, Status Inquiries
Phone

Chambers

(212) 805-4260
Scheduling
Advance Notice Required
No Hours, Status Inquiries
Email

Chambers

Scheduling
Advance Notice Required
No Hours
Letter Fax

Chambers

No Status Inquiries
Phone

Chambers

(212) 805-4260
Scheduling
No Status Inquiries
Filters:AllMandatoryImportantCommunicationLettersECF FilingElectronicsConferencesDiscoveryMemorandaCourtesy Copies

Detailed Drafting Rules

Communication ProtocolImportant

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.

Letter via ECF

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 1
|SecCommunications with Chambers
Communication ProtocolNote

Extension/adjournment requests use “letter motions” ECF category; other letters use “letter” category; no courtesy copies needed for ECF filings.

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.

Letter via ECF

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 1
|SecCommunications with Chambers
Communication ProtocolMandatory

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.

Letter Fax

Requirements
  • Advance Notice Required
Prohibited
  • Hours
  • Status Inquiries
Page 1
|SecCommunications with Chambers
Communication ProtocolMandatory

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.

Phone

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
Prohibited
  • Hours
  • Status Inquiries
Page 1
|SecCommunications with Chambers
Communication ProtocolNote

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.

Phone

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
Prohibited
  • Hours
  • Status Inquiries
Page 1
|SecCommunications with Chambers
Pre-Motion ProcedureMandatory

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

Pre-Motion Conference

A pre-motion conference is mandatory before filing. You must submit a letter first.

Letter Requirements

Status
Required
Max Length5 pgs
Page 2
|SecMotions
Pre-Motion ProcedureMandatory

Pre-motion letter (max 3 pages) required before motions to dismiss.

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.

Pre-Motion Conference

A pre-motion conference is mandatory before filing. You must submit a letter first.

Letter Requirements

Status
Required
Max Length3 pgs

Briefing Schedule

Opp: 2d • Reply: 0d

Page 3
|SecPre-Motion Conferences in Civil Cases
Page or Word LimitNote

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

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 3
|SecMemoranda of Law
Communication ProtocolMandatory

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.

Email

Direct to: Chambers

Approved Topics
Scheduling
Requirements
  • Advance Notice Required
    four_business_days_before_conference
Prohibited
  • Hours
    midnight
Page 1
|SecACKNOWLEDGMENT FORM
Communication ProtocolImportant

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.

Letter via ECF

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 1
|SecCommunications with Chambers
Communication ProtocolNote

Extension/adjournment requests use 'letter motions' ECF category; other letters use 'letter' category; no courtesy copies needed for ECF filings.

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.

Letter via ECF

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 1
|SecCommunications with Chambers
Communication ProtocolMandatory

Letters must be mailed, overnight delivered, or hand-delivered to 40 Foley Square; email not accepted.

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.

Letter Fax

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 1
|SecCommunications with Chambers
Communication ProtocolImportant

Telephone calls to chambers only permitted in emergency situations.

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.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 1
|SecCommunications with Chambers
Communication ProtocolNote

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.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 1
|SecCommunications with Chambers
Communication ProtocolNote

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.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 2
|SecCommunications with Chambers
Communication ProtocolMandatory

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.

Letter via ECF

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 2
|SecCommunications with Chambers
Communication ProtocolNote

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.

Letter via ECF

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 2
|SecCommunications with Chambers
Communication ProtocolNote

Only attorneys eligible for electronic device orders.

Note that only attorneys are eligible for such an order.

Letter via ECF

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 2
|SecCommunications with Chambers
Pre-Motion ProcedureNote

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.

Pre-Motion Conference

A pre-motion conference is mandatory before filing. You must submit a letter first.

Letter Requirements

Status
Required
Max Length5 pgs
Page 2
|SecMotions
Communication ProtocolNote

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.)

Letter via ECF

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 2
|SecMotions
Page or Word LimitNote

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

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.