Judge Gary Stein
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
Courtesy copies
- 1 copy • Hand Delivery
Trial Exhibits, Deposition Designations
- No Later Than Two Business Days Before Trial
Adjournments
- Adjournment requests: >14 days requires no good cause, <14 days requires good cause.
- Adjournment/extension requests must be filed as ECF letter motions with specific content and 48-hour advance notice.
- In pro se cases, the parties are not required to prepare joint pretrial filings (but may do so jointly if feasible). Instead, within 30 days from the date for the completion of discovery in a civil case or, if a dispositive motion has been filed, within 30 days of a decision resolving the motion, the represented party(ies) shall submit the pretrial materials set forth in Sections V.A, B, C and D above.
Communication
Chambers
Phone
Chambers
Letter via ECF
Chambers
Page & Word Limits6 rules
The letter must not exceed 5 pages (single spaced), unless permission has been granted by the Court, and must otherwise adhere to Local Civil Rule 11.1.
- Page limit (computer-generated)
- Up to 5 pages
Exception
More pages with leave of court
Unless otherwise permitted by the Court, letters may not exceed 3 single-spaced pages (exclusive of exhibits) and must otherwise adhere to Local Civil Rule 11.1.
- Letter
- Up to 3 pages
- Format
- Single-spaced
Excluded from page count
- •Exhibits
Discovery dispute letters limited to 3 single-spaced pages with 3-day response deadline.
- Letter (computer-generated)
- Up to 3 pages
- Format
- Single-spaced
Court's wording
If the meet-and-confer process does not resolve the dispute, the party may file an ECF letter motion to the Court or, if applicable, to the Pro Se Intake Clerk, no longer than 3 single-spaced pages, explaining the nature of the dispute and requesting a conference. Such letter must include a representation that the meet-and-confer process occurred, including when it occurred and whether it was in person or via telephone or video conference. Any responsive letter should be submitted within 3 business days following submission of the letter motion and shall also be limited to 3 single-spaced pages. No further letters may be submitted without permission of the Court.
Motion memoranda limited to 25 pages, reply memoranda to 10 pages
- Memorandum of law
- Up to 25 pages
Court's wording
Unless prior permission has been granted by the Court, memoranda of law in support of and in opposition to motions are limited to 25 pages and reply memoranda are limited to 10 pages. Memoranda of 10 pages or more shall contain a table of contents and a table of authorities, neither of which shall count against the page limit.
Letter motions limited to 3 single-spaced pages with 3 business day response deadline
- Letter motion
- Up to 3 pages
Excluded from page count
- •Exhibits
Court's wording
Letter motions should be filed via ECF and comply with the S.D.N.Y. Local Rules and the S.D.N.Y. Electronic Case Filing Rules and Instructions. Letter motions are limited to 3 single-spaced pages (not including exhibits). Any responsive letter should be submitted within 3 business days following submission of the letter motion and also be limited to 3 single-spaced pages (not including exhibits).
Reply memoranda are limited to 10 pages.
- Reply memorandum
- Up to 10 pages
Document Format Requirements3 rules
All letters filed on ECF must be in searchable PDF form.
- File type
All motions and moving papers filed on ECF or emailed to chambers shall be in searchable PDF form.
- File type
- Motion
- Moving papers
Note: If requesting Wi-Fi is being requested for trial purposes, the credentials will be valid for the duration of trial in its entirety.
Document Filing Requirements17 rules
Attendance Acknowledgment Form must be submitted with ex parte letter via email.
Court's wording
Counsel shall complete the Attendance Acknowledgment Form that appears at the end of these Procedures. This Form must be submitted at the same time as the Ex Parte Settlement Letter by e-mail to GSteinNYSDChambers@nysd.uscourts.gov with a copy simultaneously e-mailed to all counsel of record who will be participating in the settlement conference.
Ex parte settlement letters must be submitted 5 business days before conference.
Court's wording
No later than 5 business days before the conference, counsel for each party must send the Court by e-mail a letter, marked “Confidential Material for Use Only at Settlement Conference,” which should not be provided to opposing parties.
The parties—not just their attorneys—must attend the settlement conference in person.
Corporate parties or labor unions must send to the conference the person with decision-making authority to settle the matter.
Where liability insurance is involved, a decision-making representative of each carrier must attend unless specifically excused by the Court.
Settlement demand must be made 14 days before conference; response due 7 days before.
Court's wording
If the plaintiff has not already made a settlement demand, such a demand shall be communicated to the opposing party no later than 14 days prior to the conference. If it has not already done so, the opposing party shall respond to any demand no later than 7 days prior to the conference.
Requests for adjournments or extensions of time; Requests to resolve discovery disputes; Requests for pre-motion conferences; and Requests for settlement conferences.
Requests for oral argument of motions should be made by letter. Counsel should select the “Letter-Motion” option on ECF for filing such a request.
The Proposed Pretrial Order shall be filed by ECF.
Parties must file Proposed Pretrial Order within 30 days after discovery completion or dispositive motion resolution.
Court's wording
Unless otherwise ordered by the Court, within 30 days after the date for the completion of discovery in a civil case or, if a dispositive motion has been filed, within 30 days after a decision resolving the motion, the parties shall jointly prepare and submit to the court for its approval a Proposed Pretrial Order.
Absent good cause, a party will not be allowed to present a witness not previously identified on their witness list.
Pro se parties must file concise Pretrial Statement with facts, exhibits, and witness list.
- Document
- Pretrial statement
Must include
- •Concise
Court's wording
The pro se party’s Pretrial Statement need take no particular form, but must be concise and contain: 1. a statement of the facts the party hopes to prove at trial; 2. a list of all documents or other physical objects that the party plans to put into evidence at trial; and 3. a list of the names and addresses of all witnesses the party intends to have testify at trial and the general subject matter of each witness’s expected testimony.
Parties must have witnesses available for full trial day (9:30 am - 4:30 pm) or risk having testimony precluded or deemed to have rested.
Court's wording
When a party's case commences, the party is expected to have witnesses available to fill the trial day, which will run from 9:30 am to 4:30 pm with two short breaks in the morning and afternoon and a one-hour lunch break. The parties are on notice that if a party does not have a witness available to testify, the Court may preclude testimony or deem that party to have rested.
All jury instructions, objections, and alternative proposals must include citation to supporting authority.
- Document
- Jury instructions
Must include
- •Citation to supporting authority
Visitors need signed order to bring electronic devices; attorneys with valid card can bring one cell phone.
- Document
- Electronic device order
Include
- •Attorney
Court's wording
As per Local Civil Rule 1.8 the courthouse does not permit visitors to enter the courthouse with electronic devices without a signed order from Chambers (see attached). Please note that attorneys with a valid attorney card may enter the courthouse with one cell phone.
Parties proceeding pro se need not submit the Attendance Acknowledgment Form.
Objections to jury materials must include alternative proposals in the same document.
- Document
- Jury materials
Include
- •Propose an alternative
Court's wording
To the extent a party objects to another party’s requested voir dire questions, jury instructions, or proposed verdict form, that applicable, propose an alternative (all in the same document so that the Court can compare the parties’ respective proposals).
Filing & Service rules
Courtesy Copy Requirements
Courtesy copies required for ex parte settlement letters with exhibits over 10 pages.
If the exhibits exceed 10 pages, a courtesy copy of the letter and exhibits must be hand-delivered or sent by overnight courier to the Court.
Civil cases
Page 2 | Ex Parte Settlement Letter
Trial exhibits and deposition designations must be provided in tabbed binders to all parties and the Court no later than two business days before trial.
Unless otherwise ordered by the Court, no later than two business days before trial begins, each party must provide each other party, and the Court, with a tabbed binder or binders containing courtesy copies of its trial exhibits and deposition designations.
Civil cases
Courtesy copies not required unless Court requests them
Unless otherwise requested by the Court, courtesy copies are not required. If requested, courtesy copies should bear the ECF header generated at the time of electronic filing and include protruding tabs for any exhibits.
Civil cases
Page 6 | Courtesy Copies
Sealing & Redaction Procedures
Procedures required for filing documents under seal or with redactions
Unless otherwise ordered, any party wishing to file a document or portion thereof under seal or with redactions must comply with the following procedures on or before the date on which the relevant filing is due.
Civil cases
Page 6 | Electronic Filing Under Seal
Pre-Motion Conference Requirements
Pre-motion conference not required except for discovery motions with formal briefing
A pre-motion conference is not required before a party may file a motion (other than a discovery motion with formal briefing). A party may, however, request a pre-motion conference by letter motion where counsel believes that an informal conference with the Court may obviate the need for the motion or narrow the issues in dispute.
Civil cases
Page 5 | Pre-Motion Conferences
Adjournment & Extension Requirements
Non-compliance with attendance requirements may result in reimbursement of expenses and other sanctions.
If a party fails to comply with the Attendance Requirements set out above, that party may be required to reimburse all the other parties for their time and travel expenses, and may face other sanctions.
Civil cases
Page 3 | Consequences of Non-Compliance with Attendance Requirements
Adjournment requests: >14 days requires no good cause, <14 days requires good cause.
Requests for adjournment shall conform to the Individual Practices in Civil Cases of Magistrate Judge Stein, with the following modification: requests submitted more than 14 days before the scheduled conference date ordinarily will be granted without a showing of good cause; requests submitted within 14 days of the date of the scheduled conference must demonstrate good cause.
Civil cases
Page 3 | Adjournments of Settlement Conferences
Adjournment/extension requests must be filed as ECF letter motions with specific content and 48-hour advance notice.
Requests for adjournments or extensions of time must be filed on ECF as letter motions. (If a request contains sensitive or confidential information, it may be submitted by PDF via e-mail in lieu of being filed electronically.) The letter motion must state: (i) the originally scheduled date(s); (ii) the number of previous requests for an adjournment or extension and whether those previous requests were granted or denied; (iii) the reason for the requested adjournment or extension; and (iv) whether all affected parties consent, and if not, the reasons given for refusing to consent. Absent good cause, any request for an adjournment of a court conference or other court proceeding (including a telephone conference) must be made at least 48 hours in advance of the proceeding and include at least two proposed dates, on which all counsel are available, for the adjourned proceeding.
Civil cases
Page 3 | G. Requests for Adjournments or Extensions of Time
In pro se cases, the parties are not required to prepare joint pretrial filings (but may do so jointly if feasible). Instead, within 30 days from the date for the completion of discovery in a civil case or, if a dispositive motion has been filed, within 30 days of a decision resolving the motion, the represented party(ies) shall submit the pretrial materials set forth in Sections V.A, B, C and D above.
In pro se cases, the parties are not required to prepare joint pretrial filings (but may do so jointly if feasible). Instead, within 30 days from the date for the completion of discovery in a civil case or, if a dispositive motion has been filed, within 30 days of a decision resolving the motion, the represented party(ies) shall submit the pretrial materials set forth in Sections V.A, B, C and D above.
Civil cases
Opposition to motions in limine must be filed within two weeks; no replies allowed.
Within two weeks of filing the proposed pretrial order, each party shall file and serve its opposition to any motion in limine. There shall be no replies for motions in limine.
Civil cases
Any requests to schedule a witness out of order and/or for a particular day must be made as soon as counsel is aware of the limited availability of that witness. Absent good cause, untimely applications will be denied.
Any requests to schedule a witness out of order and/or for a particular day must be made as soon as counsel is aware of the limited availability of that witness. Absent good cause, untimely applications will be denied.
Civil cases
Conference date is not changed unless ordered by the Court.
The conference date is not changed unless and until ordered by the Court.
Civil cases
Page 3 | Adjournments of Settlement Conferences
Chambers Communication Rules
Ex parte settlement letters must be emailed to specific chambers address.
The letter should be emailed to GSteinNYSDChambers@nysd.uscourts.gov.
Civil cases
Page 2 | Ex Parte Settlement Letter
In general, communications with the Court should be by letter, via electronic case filing ("ECF"), without email or other copy to Chambers.
In general, communications with the Court should be by letter, via electronic case filing ("ECF"), without email or other copy to Chambers.
Civil cases
Page 2 | Letters
Faxed communications require prior permission from Chambers.
No faxed communications shall be permitted without prior permission from Chambers.
Civil cases
Page 2 | Emails and Faxes
Counsel must notify each other and the Court of next day's witnesses by end of each trial day.
No later than the end of each trial day, counsel must notify each other and the Court of witnesses to be called the following trial day. The parties may agree to earlier notification.
Civil cases
Jury materials must be emailed as Word documents to specific chambers email address.
In addition to ECF-filing of voir dire questions, jury instructions, and verdict sheets, electronic copies must also be submitted as Microsoft Word documents and sent by email to: GSteinNYSDChambers@nysd.uscourts.gov.
Civil cases
Wi-Fi requests must be made to chambers at least 2 business days before conference.
If Wi-Fi is required, the request must be made to chambers no less than 2 business days in advance of the conference. When filling out the attached form, enter an “X” or “YES” under the “WIFI GRANTED” box. The Wi-Fi log-in credentials will only be emailed to the provided email addresses and will only be valid the day of the conference.
Page 1 | Court Procedure Regarding Electronics
In the event personal attendance is a great hardship, counsel may write to the Court seeking permission for that individual to participate by telephone or video conference (although permission will be the exception, not the rule). This issue should be raised with the Court as soon as possible and preferably during the pre- conference phone call.
In the event personal attendance is a great hardship, counsel may write to the Court seeking permission for that individual to participate by telephone or video conference (although permission will be the exception, not the rule). This issue should be raised with the Court as soon as possible and preferably during the pre- conference phone call.
Civil cases
Page 3 | Attendance Requirements
Emails to Chambers are permitted for urgent matters or when expressly permitted.
Emails to Chambers are permitted for urgent matters requiring immediate attention or where otherwise expressly permitted by the Court in advance.
Civil cases
Page 2 | Emails and Faxes
Alternative delivery methods allowed for ex parte letters if email not possible.
If a party (e.g., a pro se litigant) is unable to send the letter by e-mail, the party may fax or hand-deliver the letter to the Court, or send it by mail or overnight delivery, so long as it arrives no later than five business days before the conference.
Civil cases
Page 2 | Ex Parte Settlement Letter
Incarcerated parties may participate by telephone.
Incarcerated parties may participate in the conference by telephone.
Civil cases
Page 3 | Attendance Requirements
Parties must provide their own interpreters for settlement conferences.
Any party requiring an interpreter must supply its own interpreter (who need not have any special certification). The Court does not provide interpreters for settlement conferences.
Civil cases
Page 3 | Attendance Requirements
Settlement conference scheduling does not affect other case deadlines unless ordered by the Court.
The scheduling of a settlement conference has no effect on any deadlines or other pending obligations in the case, unless otherwise ordered by the Court.
Civil cases
Page 3 | No Effect on Other Deadlines
Counsel may call Chambers for procedural/administrative matters not requesting a ruling.
For procedural or administrative matters that do not request a ruling from the Court, counsel may call Chambers.
Civil cases
Page 2 | Telephone Calls
For docketing/scheduling/calendar matters, call Tanuj Arora at (212) 805-6120 between 9 AM and 4 PM.
For docketing, scheduling and calendar matters, call Tanuj Arora, the Courtroom Deputy at (212) 805-6120 between 9:00 a.m. and 4:00 p.m.
Civil cases
Page 2 | Docketing, Scheduling and Calendar Matters