Judge Henry J. Ricardo
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy
Filings > 6 pages
- 1 copy
Adjournments
- Adjournment requests on the eve of settlement conference are strongly disfavored and telephone requests are never accepted.
- If all parties advise the Court in writing that the case has settled prior to the scheduled conference, I will ordinarily adjourn the conference sine die. In these circumstances, the parties should file a letter-motion on ECF requesting an adjournment of the settlement conference sine die, and the Court will then issue a text-only order.
- Settlement conference scheduling does not affect other case deadlines.
- +2 more
Request must include
- Remote settlement conferences require written application with all parties' consent at least 14 days prior.
- Settlement conference date changes without cause require 14-day advance letter-motion; otherwise reasons must be provided.
- If a party resides more than 100 miles from the Courthouse and it would be a great hardship for the party to attend in person, upon written application at least 14 days in advance of the conference in the form of a letter-motion to be filed on ECF, I will sometimes excuse that party's presence, but I will require that party to be available by telephone throughout the settlement conference.
- To seek a change in date, the party should first consult with all other counsel as to their and their clients' (and insurers' if applicable) availability on at least three dates. Counsel should thereupon contact Chambers by email to determine whether the Court is available for a settlement conference on any of those dates. The party must then file on ECF a letter-motion to adjourn the settlement conference to the agreed-upon date and time. The conference date will not be deemed changed until Chambers receives the letter-motion and it is approved by the Court.
- Adjournment/extension requests require 3 days advance notice (except emergencies)
- Requests to file memoranda exceeding the word limits set forth herein must be by letter-motion at least 5 days prior to the due date, except with respect to reply memoranda, in which case the request must be made at least 2 days prior to the due date.
- Extension requests for word limits must be made 5 days before due date (2 days for reply memoranda).
- Court appearance adjournments require 7 days advance notice (except emergencies)
Communication
Chambers
Page & Word Limits7 rules
This ex parte letter must not exceed 6 pages, unless permission to do so has been granted by the Court.
Ex Parte Settlement Letter
6 pages
Applies to: Attorney
Unless prior permission has been granted, memoranda of law (in support of and in opposition to a motion) are limited to 8,750 words, and reply memoranda are limited to 3,500 words.
Brief
8,750 words
Applies to: Attorney
Reply Brief
3,500 words
Applies to: Attorney
The letters may not exceed four pages in length (excluding any attachments). No replies are permitted.
Letter Motion
4 pages
Applies to: Attorney
The letters may not exceed four pages in length (excluding any attachments). No replies are permitted.
Letter Motion
4 pages
Applies to: Attorney
Unless prior permission has been granted, memoranda of law (in support of and in opposition to a motion) are limited to 8,750 words, and reply memoranda are limited to 3,500 words.
8,750 words
Applies to: Attorney
Reply Memorandum
3,500 words
Applies to: Attorney
Nothing in the Court’s Individual Practices supersedes a specific time period for filing a motion specified by statute or Federal Rule—including but not limited to Rules 50, 52, 54, 59, and 60 of the Federal Rules of Civil Procedure and Rule 4 of the Federal Rules of Appellate Procedure—where failure to comply with the specified time period could result in forfeiture of a substantive right.
Unless otherwise permitted by the Court, letters may not exceed four pages in length (excluding any attachments).
Letter
4 pages
Applies to: Attorney
4 pages
Applies to: Pro Se
Document Format Requirements5 rules
PDF images may not be created by scanning paper documents.
Media files must be in common formats or include non-admin software.
A party submitting media files in connection with a motion must, to the extent possible, provide them in a format capable of being played using commonly available media players, e.g., Windows Media Player. If the media unavoidably requires special viewing software, that software must be provided to the Court in a form that does not require administrative privileges for installation or operation.
All memoranda of law shall be in 12-point font or larger and be double-spaced.
All motion papers, letter-motions, and letters filed on ECF or emailed to Chambers must be in searchable PDF form.
All motion papers, letter-motions, and letters filed on ECF or emailed to Chambers must be in searchable PDF form.
Document Filing Requirements38 rules
If it has not already done so, the opposing party shall respond to any demand no later than 7 days thereafter.
DocumentSettlement Response
Ex parte settlement letter (max 6 pages) required 14 days before conference.
Unless otherwise ordered by the Court, no later than 14 days before the conference, counsel for each party must send the Court by email a letter, marked “Confidential Material for Use Only at Settlement Conference,” which should not be sent to the other parties.
DocumentEx Parte Settlement Letter
If the defendant is a business entity that intends to argue that it lacks the ability to pay any significant settlement, it should provide supporting documentation.
DocumentEx Parte Settlement Letter
If the plaintiff has not already made a settlement demand, such a demand shall be communicated to the opposing party no later than 21 days prior to the conference.
DocumentSettlement Demand
The letter should include, at a minimum, the following: (a) the history of settlement negotiations, if any, including any prior offers or demands; (b) your evaluation of the settlement value of the case and the rationale for it; (c) any case law authority in support of your settlement position; and (d) any other facts that would be helpful to the Court in preparation for the conference.
DocumentEx Parte Settlement Letter
When a corporate party or labor union is a party, counsel of record must be accompanied by the person with decision-making authority who gives directions to counsel of record (not someone who has received settlement authority from someone else). Where liability insurance is involved, a decision-making representative of each insurance carrier must attend in addition to the insured. This includes each excess carrier unless specifically excused by the Court at least 14 days before the conference.
Government agency parties must bring knowledgeable representative or make them available by phone; NYC Comptroller must be available for settlement approval.
When any government agency is a party, counsel of record must be accompanied by a knowledgeable representative from the agency (or, if the agency official with knowledge is more than 100 miles from the Courthouse, the official must be available to participate by telephone). In addition, in cases where the Comptroller of the City of New York has authority over settlement, the Assistant Corporation Counsel must make arrangements in advance of the conference for a representative of the Comptroller either to attend the conference or to be available by telephone for the duration of the conference to approve any proposed settlement.
DocumentSettlement Conference
Parties failing to bring required attendees may face reimbursement of other parties' expenses and sanctions.
If a party fails to come to the settlement conference with all the required persons (attorney, plus a decision-making employee from the client, plus a decision-making representative from each insurance carrier), that party may be required to reimburse all the other parties for their time and travel expenses, and may face other sanctions.
DocumentSettlement Conference
Settlement conference acknowledgment form must be emailed as PDF to Judge and all attorneys 14 days before conference.
Complete this form, sign and date it, and send it by email as a PDF attachment to (1) Judge Ricardo at RicardoNYSDChambers@nysd.uscourts.gov and (2) to all other attorneys who will be attending the conference no later than 14 calendar days prior to the conference, unless otherwise ordered by the Court.
DocumentAcknowledgment Form
I certify that I have read both the Court’s Order scheduling this conference as well as the “Procedures for All Cases Referred for Settlement to Magistrate Judge Ricardo.”
DocumentSettlement Conference Acknowledgment
Settlement conference requires attendance by person with ultimate settlement authority or insurance carrier representative with complete settlement responsibility.
I certify that the person attending the conference (in person or by remote means) 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. In addition, if there is an insurance carrier with authority over settlement, a representative from such carrier with complete responsibility over settlement will be present in person or by telephone.
DocumentSettlement Conference Acknowledgment
Pro se litigants must verify AI-generated filings and provide certification or risk having their filing struck.
describing in detail the steps taken to verify the accuracy of all legal authorities and factual assertions generated by the tool. Pro se litigants remain individually responsible for verifying the accuracy of any output produced by an artificial intelligence tool, and a litigant’s failure to review an artificial intelligence-generated filing for accuracy, or to provide the required certification, violates this Rule. The Court may strike any filing that fails to comply with this Rule.
DocumentFiling
Pro se parties must serve other parties and include proof of service
A pro se party must send copies of any filing to the party and include proof of service affirming that he or she has done so. Copies of correspondence between opposing parties shall not be sent to the Court.
DocumentFiling
Nonincarcerated pro se parties need motion for ECF permission
Any nonincarcerated pro se party who wishes to participate in electronic case filing ("ECF") must file a "Motion for Permission for Electronic Case Filing (for pro se cases)", available in the Pro Se Intake Unit or at https://nysd.uscourts.gov/forms/motion-permission-electronic-case-filing-pro-se-cases.
DocumentMotion
Counsel must serve pro se parties with paper copies and proof of service
Except for cases in which the pro se party has received permission to participate in electronic case filing or has consented to electronic service, counsel in cases involving pro se parties must serve the pro se parties with paper copies of any document that is filed electronically or otherwise submitted to the Court and must include a separate proof of service. Submissions without such proof of service will not be considered.
DocumentFiling
Each party must submit a Case Report and Proposed Case Management Plan for Pro Se Cases one (1) week before the scheduled conference in conformance with the procedures in Section I above.
DocumentCase Report
Memoranda must include fact section with citations to record evidence.
In addition to legal argument, a memorandum of law must contain a fact section that sets forth all facts relevant to the motion and, for each factual statement, contains one or more citations to the evidence in the record.
DocumentBrief
Submit Excel file with relevant calculations for certain motions to Judge Ricardo.
When a party submits any of the following motions to Judge Ricardo, or within fourteen days of the referral of such a motion to Judge Ricardo, the moving Party shall submit an Excel file including the relevant calculations. An Excel file is
DocumentMotion
Memoranda of more than 3,500 words must include a table of contents and a table of authorities (neither of which count against the page limit).
DocumentBrief
Letter-motion must include conference details, participants, adversary positions, and impasse notice.
The letter-motion must also state: (1) the date, time, and approximate duration of such conference; (2) the names of the attorneys who participated in the conference; (3) the adversary’s position as to each issue being raised (as stated by the adversary during the in- person or telephone conference); and (4) 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.
DocumentLetter Motion
Any party that submits a video or audio media file to the Court must simultaneously file a transcript of the content of the video or audio file.
DocumentMedia Exhibits
The Court may strike any filing that fails to comply with this Rule.
DocumentFiling
Letter-motions filed via ECF must comply with the S.D.N.Y. Local Rules and the S.D.N.Y. “ECF Rules and Instructions.”
DocumentLetter Motion
Attorney-filed briefs must include word-count compliance certificate.
If a brief is filed by an attorney or prepared with a computer, it must include a certificate by the attorney, or party who is not represented by an attorney, that the document complies with the word- count limitations.
DocumentBrief
The letter-motion must certify that the required in-person or telephone conference took place between counsel for the relevant parties.
DocumentLetter Motion
AI tool usage requires signed certification explaining usage and verification steps.
If any attorney or pro se litigant uses an artificial intelligence tool in preparing any filing, the filing must include a signed certification (i) explaining how the tool was used, (ii) stating whether the attorney or litigant personally reviewed the filing for accuracy of cited legal authorities and factual assertions, and (iii) if so, describing in detail the steps taken to verify the accuracy of all legal authorities and factual assertions generated by the tool.
DocumentFiling
All proposed stipulations and orders must be filed on ECF in accordance with the ECF Rules & Instructions. At the same time, a copy of all proposed stipulations and orders should be emailed in Word format to RicardoNYSDChambers@nysd.uscourts.gov, copying all counsel or the pro se litigant if they are unrepresented.
DocumentProposed Stipulation Order
In accordance with the S.D.N.Y. “ECF Rules and Instructions,” counsel are required to register promptly as ECF filers and to enter an appearance in the case.
DocumentAppearance
Word count certificate required for attorney-prepared briefs.
If a brief is filed by an attorney or prepared with a computer, it must include a certificate by the attorney, or party who is not represented by an attorney, that the document complies with the word- count limitations.
DocumentMemorandum Of Law
Memoranda of more than 3,500 words must include a table of contents and a table of authorities (neither of which count against the page limit).
DocumentMemorandum Of Law
All proposed stipulations and orders must be filed on ECF in accordance with the ECF Rules & Instructions. At the same time, a copy of all proposed stipulations and orders should be emailed in Word format to RicardoNYSDChambers@nysd.uscourts.gov, copying all counsel or the pro se litigant if they are unrepresented.
DocumentProposed Stipulation
Excel file required for specific motions (damages, fees, FLSA, IDEA) with ECF letter confirmation.
When a party submits any of the following motions to Judge Ricardo, or within fourteen days of the referral of such a motion to Judge Ricardo, the moving Party shall submit an Excel file including the relevant calculations. An Excel file is required even if the motion was already submitted to a District Judge. Excel files are required for the following motions: (1) Inquests on Damages; (2) Motions for Attorney’s Fees; (3) FLSA Damages; and (4) IDEA Reimbursements. The Excel file should be emailed to RicardoNYSDChambers@nysd.uscourts.gov, copying all counsel or the pro se litigant if they are unrepresented. A letter should also be filed on ECF providing the date and time the Excel file was emailed.
DocumentMotion
Nonincarcerated pro se parties may consent to electronic service
Any nonincarcerated pro se party who wishes to receive documents in their case electronically (by e-mail) instead of by regular mail may consent to electronic service by filing a "Consent to Electronic Service (for pro se cases)" form, available in the Pro Se Intake Unit or at https://nysd.uscourts.gov/forms/consent-electronic-service-pro-se-cases.
DocumentConsent Form
Orders permitting an attorney to bring an electronic device to Court may be found on the forms page of the S.D.N.Y. website... Please note that only attorneys are eligible for such an order.
DocumentElectronic Device Order
Consent form for all-purpose magistrate judge available online.
Should counsel wish to consent to have Judge Ricardo hear their case for all purposes, they should complete and file the necessary form, which is available on the Court’s website at https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf.
DocumentConsent Form
Parties may request oral argument by separate letter (not letter motion) at the time their motion papers are filed. This is true for both discovery motions and motions on the merits.
DocumentMotion
Consent form for all-purpose magistrate judge jurisdiction available on court website.
Should counsel wish to consent to have Judge Ricardo hear their case for all purposes, they should complete and file the necessary form, which is available on the Court’s website at https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf.
DocumentConsent Form
Parties may request oral argument by separate letter when filing motion papers.
Parties may request oral argument by separate letter (not letter motion) at the time their motion papers are filed. This is true for both discovery motions and motions on the merits. The Court will determine whether argument will be heard and, if so, will advise counsel of the argument date.
DocumentMotion
Filing & Service rules
Courtesy Copy Requirements
Letters exceeding 6 pages with attachments must be hand delivered or overnight mailed to Court.
If a letter is accompanied by attachments and thus exceeds 6 pages in length, the submitting party shall hand deliver or overnight mail a hard copy of the letter plus attachments to the Court.
Page 2 | Ex Parte Settlement Letter
Media files must be physically filed with Clerk and mailed to Chambers.
Because media files cannot currently be uploaded to ECF, a party submitting media files must also file them physically with the Clerk of Court and mail a courtesy copy to Chambers.
Civil cases
Courtesy copies to Chambers only when specifically requested.
Please do not send courtesy copies to Chambers unless requested by the Court.
Civil cases
Courtesy copies to chambers only when requested by court.
Please do not send courtesy copies to Chambers unless requested by the Court.
Civil cases
Page 7 | Courtesy Copies
Sealing & Redaction Procedures
If the party is seeking leave of the Court to seal or redact the document (i.e., if the redactions are not among the categories of redactions that can be made without Court approval), the party should simultaneously file a letter motion seeking leave to do so. The letter motion must explain the purpose of the redactions, and why the redactions are consistent with the standards discussed in Paragraph G(2), supra, including citations to relevant case law.
If the party is seeking leave of the Court to seal or redact the document (i.e., if the redactions are not among the categories of redactions that can be made without Court approval), the party should simultaneously file a letter motion seeking leave to do so. The letter motion must explain the purpose of the redactions, and why the redactions are consistent with the standards discussed in Paragraph G(2), supra, including citations to relevant case law.
Civil cases
The party should file a clean copy of the entire document under seal on ECF. This sealed filing should include all attachments to the main document (such as exhibits), even if not every attachment contains material that the party seeks to redact or seal.
The party should file a clean copy of the entire document under seal on ECF. This sealed filing should include all attachments to the main document (such as exhibits), even if not every attachment contains material that the party seeks to redact or seal.
Civil cases
If the Court grants the letter motion, thereby approving the proposed sealing or redactions, the party should then file an entirely public version of the documents with the approved redactions or a single page marked “SEALED” in place of any sealed document. This means there will be two sets of filings on the docket: one clean version under seal and viewable by Court users only, and one public version with the approved redactions and sealed pages.
If the Court grants the letter motion, thereby approving the proposed sealing or redactions, the party should then file an entirely public version of the documents with the approved redactions or a single page marked “SEALED” in place of any sealed document. This means there will be two sets of filings on the docket: one clean version under seal and viewable by Court users only, and one public version with the approved redactions and sealed pages.
Civil cases
At the same time, the party should email RicardoNYSDChambers@nysd.uscourts.gov, copying all counsel or the pro se litigant if they are unrepresented: (1) a copy of each document with the proposed redactions highlighted or a clean copy if the party seeks to seal the entire document; and (2) a clean copy of the letter motion described in Paragraph G(3)(b).
At the same time, the party should email RicardoNYSDChambers@nysd.uscourts.gov, copying all counsel or the pro se litigant if they are unrepresented: (1) a copy of each document with the proposed redactions highlighted or a clean copy if the party seeks to seal the entire document; and (2) a clean copy of the letter motion described in Paragraph G(3)(b).
Civil cases
Except for redactions permitted by the previous paragraph, all redactions or sealing of public court filings require Court approval. To be approved, any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must be otherwise consistent with the presumption in favor of public access to judicial documents.
Except for redactions permitted by the previous paragraph, all redactions or sealing of public court filings require Court approval. To be approved, any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must be otherwise consistent with the presumption in favor of public access to judicial documents.
Civil cases
Any party seeking leave to file an unsealed or redacted document with a fully sealed exhibit attached thereto should file the main document (in accordance with the procedures described above, if the party seeks to do so with redactions) on ECF, accompanied by a single page marked “SEALED” in place of any exhibit that the party seeks leave to file under seal, regardless of the actual length of such exhibit. The party should simultaneously file a letter-motion seeking leave to file in that manner according to the procedure described in Paragraphs G(3)(a–c) supra.
Any party seeking leave to file an unsealed or redacted document with a fully sealed exhibit attached thereto should file the main document (in accordance with the procedures described above, if the party seeks to do so with redactions) on ECF, accompanied by a single page marked “SEALED” in place of any exhibit that the party seeks leave to file under seal, regardless of the actual length of such exhibit. The party should simultaneously file a letter-motion seeking leave to file in that manner according to the procedure described in Paragraphs G(3)(a–c) supra.
Civil cases
Except for redactions permitted by the previous paragraph, all redactions or sealing of public court filings require Court approval. To be approved, any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must be otherwise consistent with the presumption in favor of public access to judicial documents.
Except for redactions permitted by the previous paragraph, all redactions or sealing of public court filings require Court approval. To be approved, any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must be otherwise consistent with the presumption in favor of public access to judicial documents.
Civil cases
Sealed or confidential letters must be emailed to chambers as PDF with all counsel copied
Letters to be filed under seal or containing sensitive or confidential information that a party does not wish to appear on the docket should be sent by email to RicardoNYSDChambers@nysd.uscourts.gov as a .pdf attachment with all counsel copied, or the pro se litigant if they are unrepresented.
Civil cases
Any party seeking leave to file under seal an entire submission (with or without exhibits) should not file anything on ECF in the first instance. Instead, the party should email an unredacted copy of the submission to RicardoNYSDChambers@nysd.uscourts.gov, copying all counsel or the pro se litigant if they are unrepresented, and should include as an attachment to the email a letter-motion with a proposed order (in Word document format) seeking leave to file the document under seal. The letter- motion must explain why sealing is justified in light of the standards discussed in Paragraph G(2) above. If the party believes that the letter-motion itself should be sealed or redacted, the letter-motion should so state and should provide the justification therefor. The Court will include instructions for filing sealed or redacted versions of the document and accompanying letter-motion, if necessary, in any order disposing of the motion to seal.
Any party seeking leave to file under seal an entire submission (with or without exhibits) should not file anything on ECF in the first instance. Instead, the party should email an unredacted copy of the submission to RicardoNYSDChambers@nysd.uscourts.gov, copying all counsel or the pro se litigant if they are unrepresented, and should include as an attachment to the email a letter-motion with a proposed order (in Word document format) seeking leave to file the document under seal. The letter- motion must explain why sealing is justified in light of the standards discussed in Paragraph G(2) above. If the party believes that the letter-motion itself should be sealed or redacted, the letter-motion should so state and should provide the justification therefor. The Court will include instructions for filing sealed or redacted versions of the document and accompanying letter-motion, if necessary, in any order disposing of the motion to seal.
Civil cases
Any party seeking to file a document with partial redactions should comply with the following three steps: a. ECF Filing of the Redacted Document(s). The party should file the redacted version of the document on ECF. b. Filing or Emailing of a Letter Motion Seeking Leave to File with Redactions. If the party is seeking leave of the Court to redact the document (i.e., if the redactions are not among the categories of redactions that can be made without Court approval), the party should simultaneously file on ECF a letter-motion seeking leave to file the document with those redactions. The letter- motion must explain the purpose of the redactions, and why the redactions are consistent with the standards discussed in Paragraph G(2), supra. (The party should endeavor to draft the letter-motion in a form that can be filed publicly on ECF. If, however, the party believes that the letter-motion itself should be sealed or redacted, the party should include an unredacted copy of the letter-motion as an attachment to the email described in Paragraph G(3)(c) below, and, if possible, file a redacted version of the letter-motion on ECF). c. Emailing of Documents to Chambers. At the same time, the party should email to RicardoNYSDChambers@nysd.uscourts.gov, copying all counsel or the pro se litigant if they are unrepresented: (1) a clean (i.e., unredacted) copy of the document; (2) a copy of the document highlighting the information that has been redacted in the ECF filing; and (3) an unredacted copy of the letter-motion described in Paragraph G(3)(b), should the party also be seeking leave to file that letter-motion with redactions or under seal.
Any party seeking to file a document with partial redactions should comply with the following three steps: a. ECF Filing of the Redacted Document(s). The party should file the redacted version of the document on ECF. b. Filing or Emailing of a Letter Motion Seeking Leave to File with Redactions. If the party is seeking leave of the Court to redact the document (i.e., if the redactions are not among the categories of redactions that can be made without Court approval), the party should simultaneously file on ECF a letter-motion seeking leave to file the document with those redactions. The letter- motion must explain the purpose of the redactions, and why the redactions are consistent with the standards discussed in Paragraph G(2), supra. (The party should endeavor to draft the letter-motion in a form that can be filed publicly on ECF. If, however, the party believes that the letter-motion itself should be sealed or redacted, the party should include an unredacted copy of the letter-motion as an attachment to the email described in Paragraph G(3)(c) below, and, if possible, file a redacted version of the letter-motion on ECF). c. Emailing of Documents to Chambers. At the same time, the party should email to RicardoNYSDChambers@nysd.uscourts.gov, copying all counsel or the pro se litigant if they are unrepresented: (1) a clean (i.e., unredacted) copy of the document; (2) a copy of the document highlighting the information that has been redacted in the ECF filing; and (3) an unredacted copy of the letter-motion described in Paragraph G(3)(b), should the party also be seeking leave to file that letter-motion with redactions or under seal.
Civil cases
Certain categories of information may be redacted without court approval.
There are two categories of information that may be redacted from public court filings without prior permission from the Court: “sensitive information” and information requiring “caution.”
Civil cases
Page 8 | Redactions and Filing Under Seal
Filing Bundling Requirements
Trials in civil consent cases scheduled for firm dates, rarely changed.
It is the uniform practice of the Magistrate Judges in this District to schedule trials in civil consent cases for firm dates, which are unlikely to be changed absent unusual circumstances.
Civil cases
Trials in civil consent cases are scheduled for firm dates that are rarely changed.
It is the uniform practice of the Magistrate Judges in this District to schedule trials in civil consent cases for firm dates, which are unlikely to be changed absent unusual circumstances.
Civil cases
Page 1 | Individual Rules and Practices
Judge Ricardo's practices apply unless otherwise ordered.
Unless otherwise ordered by Judge Ricardo, matters before him shall be conducted in accordance with the following practices.
Civil cases
Judge Ricardo's practices apply unless otherwise ordered.
Unless otherwise ordered by Judge Ricardo, matters before him shall be conducted in accordance with the following practices.
Civil cases
Page 1 | Individual Rules and Practices
Pre-Motion Conference Requirements
To arrange a pre-motion conference for non-discovery matters, the moving party shall submit a letter setting forth briefly (normally not more than three pages) the nature of the anticipated motion.
To arrange a pre-motion conference for non-discovery matters, the moving party shall submit a letter setting forth briefly (normally not more than three pages) the nature of the anticipated motion.
Civil cases
Sur-replies require prior court permission.
Sur-reply memoranda will not be accepted without prior permission of the Court.
Civil cases
Pre-motion conferences required except for specific motion types.
As described below, unless waived by the Court, pre-motion conferences are required where the proposed motion is returnable before Judge Ricardo, except that no pre-motion conference is required for motions to dismiss in lieu of answer, motions for admission pro hac vice, motions for reconsideration or reargument, motions listed in Fed. R. App. 4(a)(4)(A), any post-judgment motions, and applications made by order to show cause.
Civil cases
Pre-motion conferences required for motions before Judge Ricardo, except for specified motion types.
As described below, unless waived by the Court, pre-motion conferences are required where the proposed motion is returnable before Judge Ricardo, except that no pre-motion conference is required for motions to dismiss in lieu of answer, motions for admission pro hac vice, motions for reconsideration or reargument, motions listed in Fed. R. App. 4(a)(4)(A), any post-judgment motions, and applications made by order to show cause.
Civil cases
Page 5 | II. Motions. B. Pre-Motion Conferences
Letter-motions filed via ECF must comply with the S.D.N.Y. Local Rules and the S.D.N.Y. “ECF Rules and Instructions.” In particular, all requests for adjournments and extensions (as discussed in Rule I(F) and I(G), supra), and pre- motion conferences (including pre-motion conferences with respect to discovery disputes) (as discussed in Rule II(B), infra), should be filed as letter-motions.
Letter-motions filed via ECF must comply with the S.D.N.Y. Local Rules and the S.D.N.Y. “ECF Rules and Instructions.” In particular, all requests for adjournments and extensions (as discussed in Rule I(F) and I(G), supra), and pre- motion conferences (including pre-motion conferences with respect to discovery disputes) (as discussed in Rule II(B), infra), should be filed as letter-motions.
Civil cases
Page 5 | II. Motions. A. Letter-Motions
Discovery letter-motion must certify conference and include date, participants, adversary positions, and impasse notification.
The letter-motion must certify that the required in-person or telephone conference took place between counsel for the relevant parties. The letter-motion must also state: (1) the date, time, and approximate duration of such conference; (2) the names of the attorneys who participated in the conference; (3) the adversary’s position as to each issue being raised (as stated by the adversary during the in- person or telephone conference); and (4) 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 6 | II. Motions. B. Pre-Motion Conferences. 1. Discovery Motions
The party opposing the requested relief should submit a letter to the Court in response as soon as practicable and in any event within three business days, unless the parties agree otherwise (and the Court is informed of the agreed response date by letter), or an extension of time is sought and granted in accordance with paragraph I(F), supra. Non-moving parties are reminded that their letters in response should not be filed as “letter-motions” but rather as “letters.”
The party opposing the requested relief should submit a letter to the Court in response as soon as practicable and in any event within three business days, unless the parties agree otherwise (and the Court is informed of the agreed response date by letter), or an extension of time is sought and granted in accordance with paragraph I(F), supra. Non-moving parties are reminded that their letters in response should not be filed as “letter-motions” but rather as “letters.”
Civil cases
Page 6 | II. Motions. B. Pre-Motion Conferences. 1. Discovery Motions
Discovery motions require good faith conference with opposing parties before filing.
No motion 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, videoconference, or in person with all other relevant parties in an effort to resolve the dispute.
Civil cases
Page 6 | II. Motions. B. Pre-Motion Conferences. 1. Discovery Motions
After failed discovery conference, moving party must file letter-motion requesting court conference.
The moving party must thereafter promptly request a conference with the Court pursuant to Local Civil Rule 37.2. To request a conference with the Court, the moving party shall file on ECF a letter-motion setting forth the basis of the dispute and the need for the anticipated motion.
Civil cases
Page 6 | II. Motions. B. Pre-Motion Conferences. 1. Discovery Motions
Sur-replies require prior court permission.
Sur-reply memoranda will not be accepted without prior permission of the Court.
Civil cases
Page 7 | Memoranda of Law
To arrange a pre-motion conference for non-discovery matters, the moving party shall submit a letter setting forth briefly (normally not more than three pages) the nature of the anticipated motion.
To arrange a pre-motion conference for non-discovery matters, the moving party shall submit a letter setting forth briefly (normally not more than three pages) the nature of the anticipated motion.
Civil cases
Page 7 | Motions other than Discovery Motions
After failed discovery conference, request Court conference under Local Rule 37.2.
The moving party must thereafter promptly request a conference with the Court pursuant to Local Civil Rule 37.2.
Civil cases
Briefing schedule defaults to Local Civil Rule 6.1 when no court order exists.
In all other instances, the briefing schedule will instead be in accordance with Local Civil Rule 6.1.
Civil cases
Discovery motions require good faith conference before filing.
No motion relating to discovery... shall be heard unless the moving party has first conferred in good faith by telephone, videoconference, or in person with all other relevant parties in an effort to resolve the dispute.
Civil cases
Adjournment & Extension Requirements
To seek a change in date, the party should first consult with all other counsel as to their and their clients' (and insurers' if applicable) availability on at least three dates. Counsel should thereupon contact Chambers by email to determine whether the Court is available for a settlement conference on any of those dates. The party must then file on ECF a letter-motion to adjourn the settlement conference to the agreed-upon date and time. The conference date will not be deemed changed until Chambers receives the letter-motion and it is approved by the Court.
To seek a change in date, the party should first consult with all other counsel as to their and their clients' (and insurers' if applicable) availability on at least three dates. Counsel should thereupon contact Chambers by email to determine whether the Court is available for a settlement conference on any of those dates. The party must then file on ECF a letter-motion to adjourn the settlement conference to the agreed-upon date and time. The conference date will not be deemed changed until Chambers receives the letter-motion and it is approved by the Court.
Page 5 | Adjournments of Settlement Conferences
The request should be filed on ECF as a letter-motion and include a statement as to the other parties’ positions on the change in date and at least three proposed dates and times for a rescheduled conference.
The request should be filed on ECF as a letter-motion and include a statement as to the other parties’ positions on the change in date and at least three proposed dates and times for a rescheduled conference.
Civil cases
Adjournment/extension requests require 3 days advance notice (except emergencies)
Absent an emergency, any request for extension or adjournment shall be made at least 3 days prior to the deadline.
Civil cases
All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions (or by stipulation, if the parties have agreed).
All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions (or by stipulation, if the parties have agreed).
Civil cases
Court appearance adjournments require 7 days advance notice (except emergencies)
A request for an adjournment of a court appearance (including a telephone conference) shall be made in writing as soon as a party is aware of the need for the adjournment and, in any event, no later than 7 days prior to the scheduled appearance (absent an emergency).
Civil cases
Pre-sentence submissions for misdemeanors should be submitted no later than 2 weeks before the scheduled meeting.
Pre-sentence submissions for misdemeanors should be submitted no later than 2 weeks before the scheduled meeting.
Criminal cases
Page 1 | Misdemeanor Sentencing
If a party resides more than 100 miles from the Courthouse and it would be a great hardship for the party to attend in person, upon written application at least 14 days in advance of the conference in the form of a letter-motion to be filed on ECF, I will sometimes excuse that party's presence, but I will require that party to be available by telephone throughout the settlement conference.
If a party resides more than 100 miles from the Courthouse and it would be a great hardship for the party to attend in person, upon written application at least 14 days in advance of the conference in the form of a letter-motion to be filed on ECF, I will sometimes excuse that party's presence, but I will require that party to be available by telephone throughout the settlement conference.
Page 3 | Attendance of Parties Required
Settlement conference date changes without cause require 14-day advance letter-motion; otherwise reasons must be provided.
A party may make a written application by letter-motion filed on ECF to adjourn or advance the date of the settlement conference without providing cause as long as the application for a change in date is made at least 14 days prior to the scheduled conference date. Otherwise, counsel should set forth the reasons for seeking the change in date and must make the application by letter-motion as soon as
Page 4 | Adjournments of Settlement Conferences
Remote settlement conferences require written application with all parties' consent at least 14 days prior.
Should the parties wish to have a remote settlement conference, a written application with the consent of all parties must be made to the Court at least 14 days prior to the settlement conference.
Page 4 | Conference Procedures
Adjournment requests on the eve of settlement conference are strongly disfavored and telephone requests are never accepted.
Requests for an adjournment on the eve of the scheduled settlement conference are strongly disfavored and not likely to be granted. In no circumstances will a telephone request for an adjournment be entertained.
Page 5 | Adjournments of Settlement Conferences
Requests to file memoranda exceeding the word limits set forth herein must be by letter-motion at least 5 days prior to the due date, except with respect to reply memoranda, in which case the request must be made at least 2 days prior to the due date.
Requests to file memoranda exceeding the word limits set forth herein must be by letter-motion at least 5 days prior to the due date, except with respect to reply memoranda, in which case the request must be made at least 2 days prior to the due date.
Civil cases
Extension requests for word limits must be made 5 days before due date (2 days for reply memoranda).
Requests to file memoranda exceeding the word limits set forth herein must be by letter-motion at least 5 days prior to the due date, except with respect to reply memoranda, in which case the request must be made at least 2 days prior to the due date.
Civil cases
Page 7 | Memoranda of Law
Settlement conference scheduling does not affect other case deadlines.
The scheduling of a settlement conference has no effect on any deadlines or other pending obligations in the case.
Page 5 | No Effect on Other Deadlines
If all parties advise the Court in writing that the case has settled prior to the scheduled conference, I will ordinarily adjourn the conference sine die. In these circumstances, the parties should file a letter-motion on ECF requesting an adjournment of the settlement conference sine die, and the Court will then issue a text-only order.
If all parties advise the Court in writing that the case has settled prior to the scheduled conference, I will ordinarily adjourn the conference sine die. In these circumstances, the parties should file a letter-motion on ECF requesting an adjournment of the settlement conference sine die, and the Court will then issue a text-only order.
Page 5 | Settlement in Advance of Mediation
Chambers Communication Rules
Pro se parties must file with Pro Se Intake Unit, not Chambers
A pro se party must not send any document or filing directly to Chambers. A pro se party should deliver all filings and communications with the Court to the Pro Se Intake Unit located at 500 Pearl Street, Room 200, New York, NY 10007 by mail, in- person, or drop box (if outside of normal business hours). A pro se party may also deliver filings and communications in PDF format by email to ProSe@nysd.uscourts.gov.
Page 1 | I. Communications with Chambers
Pro se parties must file all papers with Pro Se Intake Unit
A pro se party must send all papers to be filed with the Court to the Pro Se Intake Unit conference in conformance with the procedures in Section I.A above.
Page 2 | II. Filing of Papers
Faxes are prohibited without prior chambers approval
Faxes are not permitted except with prior approval of Chambers.
Civil cases
Email Judge Ricardo for late-night or weekend warrant needs.
If you anticipate the need for a late-night or weekend warrant, please send Judge Ricardo an email at NYSDRicardoCriminal@nysd.uscourts.gov.
Criminal cases
Page 1 | Criminal Applications - Late-night or Weekend Warrants
At least 24 hours in advance of a plea, the indictment/information, plea agreement, a summary of the elements of the offense(s), and the maximum and mandatory penalties for each crime/count should be emailed to NYSDRicardoCriminal@nysd.uscourts.gov.
At least 24 hours in advance of a plea, the indictment/information, plea agreement, a summary of the elements of the offense(s), and the maximum and mandatory penalties for each crime/count should be emailed to NYSDRicardoCriminal@nysd.uscourts.gov.
Criminal cases
Page 1 | Pleas
Arrest and search warrants, including applications for cell site information, triggerfish, and GPS tracking, should be emailed to NYSDRicardoCriminal@nysd.uscourts.gov specifying the time that the agent and U.S. Attorney are available to swear out the complaint.
Arrest and search warrants, including applications for cell site information, triggerfish, and GPS tracking, should be emailed to NYSDRicardoCriminal@nysd.uscourts.gov specifying the time that the agent and U.S. Attorney are available to swear out the complaint.
Criminal cases
Page 1 | Criminal Applications - Warrants
Motion procedures governed by Judge Ricardo's Civil Cases rules
The procedures for filing motions, including regarding discovery disputes, are governed by Section II of Judge Ricardo's Individual Rules and Practices for Civil Cases, available at https://nysd.uscourts.gov/hon-henry-j-ricardo.
Page 2 | IV. Motions
Parties and counsel may inform the court of preferred pronouns.
Counsel and parties are also invited to inform the Court of their preferred pronouns.
Civil cases
Page 1 | Individual Rules and Practices
Reasonable accommodation requests for disability or religion may be emailed to chambers.
Requests for reasonable accommodations on account of disability or religion with respect to these rules may be sent by email to RicardoNYSDChambers@nysd.uscourts.gov.
Civil cases
Page 1 | Individual Rules and Practices
Accommodations requests for disability or religion may be emailed to chambers.
Requests for reasonable accommodations on account of disability or religion with respect to these rules may be sent by email to RicardoNYSDChambers@nysd.uscourts.gov.
Civil cases
For immediate attention, contact Chambers by email after ECF filing.
If your submission requires immediate attention, please contact Chambers by email after you file via ECF.
Civil cases
Parties and counsel may inform court of preferred pronouns.
Counsel and parties are also invited to inform the Court of their preferred pronouns.
Civil cases
Parties and counsel may inform the court of their preferred pronouns.
Counsel and parties are also invited to inform the Court of their preferred pronouns.
Civil cases
Page 1 | Individual Rules and Practices
Reasonable accommodation requests for disability or religion may be emailed to chambers.
Requests for reasonable accommodations on account of disability or religion with respect to these rules may be sent by email to RicardoNYSDChambers@nysd.uscourts.gov.
Civil cases
Page 1 | Individual Rules and Practices
Emails to chambers are permitted for scheduling inquiries
While communications with Chambers should normally be by letter, emails to Chambers are permitted for scheduling inquiries.
Civil cases
Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance
Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance
Civil cases
Junior Lawyer Participation Incentives
Junior lawyers invited to argue motions they helped prepare; multiple attorneys may argue different issues.
Junior members of legal teams representing clients are invited to argue motions that they have helped to prepare. Firms are encouraged to provide this opportunity to junior lawyers. While the Court generally prefers having only one attorney for each side participate at argument, the Court is amenable to permitting more than one lawyer argue different issues if this division of responsibility creates an opportunity for a junior lawyer to participate.
Civil cases
Junior lawyers are encouraged to argue motions they helped prepare.
Junior members of legal teams representing clients are invited to argue motions that they have helped to prepare. Firms are encouraged to provide this opportunity to junior lawyers. While the Court generally prefers having only one attorney for each side participate at argument, the Court is amenable to permitting more than one lawyer argue different issues if this division of responsibility creates an opportunity for a junior lawyer to participate. Of course, the ultimate decision of who speaks on behalf of the client is for the lawyer in charge of the case and the client, not for the Court. That said, the Court believes it is crucial to provide substantive speaking opportunities to less experienced lawyers, and that the benefits of doing so will accrue to all members of the profession and their clients.
Civil cases