Judge Jennifer H. Rearden
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Pleading
Adjournments
- Adjournment/extension requests must include specific required elements
- Oppositions to motions must be filed within 4 weeks; replies within 2 weeks.
- Pro se plaintiffs must file Pretrial Statement within 30 days of discovery completion.
- +7 more
Request must include
- Extension/adjournment requests require 2 business days advance notice (except emergencies)
- Requests to modify or extend deadlines must be filed as an ECF letter-motion at least two business days before the deadline and explain compliance efforts and why discovery cannot be completed; extensions after deadlines are disfavored absent exceptional circumstances.
- Extension/adjournment requests must be made at least 2 business days before deadline.
- +1 more
- Bankruptcy appeal briefs follow FRBP; extensions require stipulation with courtesy copy emailed 5 business days before due date.
Communication
Chambers
Phone
Chambers
Letter via ECF
Chambers
Page & Word Limits7 rules
Discovery-dispute letter-motions and opposition letters are each limited to six double-spaced pages, and the opposition is due within three business days.
- Letter-motion
- Up to 6 pages
- Opposition
- Up to 6 pages
- Format
- Double-spaced
Court's wording
If this process fails, the party shall, in accordance with the Court’s Individual Rules, promptly file a letter-motion, no longer than six double-spaced pages, explaining the nature of the dispute and requesting an informal conference. Such a letter-motion must include a representation that the parties engaged in a good faith meet-and-confer process that proved unsuccessful. Any opposition to a letter-motion seeking relief shall be filed as a letter, not to exceed six double-spaced pages, within three business days.
Absent leave of Court, by one week prior to any future conference, the parties shall file on ECF a joint letter, not to exceed three pages, regarding the status of the case.
- Joint letter
- Up to 3 pages
Exception
More pages with leave of court
Pretrial memorandum limited to 3,500 words (excluding specified items).
- Pretrial memorandum
- Up to 3,500 words
Excluded from word count
- •Caption
- •Index
- •Table of contents
- •Table of authorities
- •Signature block
- •Certificates
Exception
More words with leave of court
Court's wording
A pretrial memorandum of law in cases in which a party believes it would be useful to the Court, not to exceed 3,500 words (excluding the caption, any index, table of contents, table of authorities, signature blocks, or any required certificates but including material contained in footnotes or endnotes), absent leave of Court, addressing any issues of law that are expected to arise at or before trial.
Pretrial memorandum limited to 3,500 words (excluding specified items).
- Pretrial memorandum
- Up to 3,500 words
Excluded from word count
- •Caption
- •Index
- •Table of contents
- •Table of authorities
- •Signature block
- •Certificates
Exception
More words with leave of court
Court's wording
A pretrial memorandum of law in cases in which a party believes it would be useful to the Court, not to exceed 3,500 words (excluding the caption, any index, table of contents, table of authorities, signature blocks, or any required certificates, but including material contained in footnotes or endnotes), absent leave of Court, addressing any issues of law that are expected to arise at or before trial.
Diversity jurisdiction letters limited to 6 double-spaced pages.
- Diversity jurisdiction letter
- Up to 6 pages
Court's wording
In any action in which subject matter jurisdiction is founded on diversity of citizenship pursuant to 28 U.S.C. § 1332, the party asserting that such jurisdiction lies shall, prior to the Initial Pretrial Conference, file on ECF a letter not to exceed six double-spaced pages, explaining the basis for that party’s position.
Absent prior permission, sentencing memoranda may not exceed 8,750 words.
- Word limit
- Up to 8,750 words
- Sentencing memorandum
The opposing party must promptly file any responsive letter, which shall not exceed six double-spaced pages.
- Letter
- Up to 6 pages
- Format
- Double-spaced
- Discovery motions
Document Format Requirements1 rule
All paper submissions shall be stapled, binder-clipped, spiral- or wire-bound, or three-hole punched and placed in binders.
Document Filing Requirements30 rules
Submissions filed without proof of service on the pro se party will not be considered.
Counsel must submit proposed Findings or Jury Charge with Pretrial Statement.
- Document
- Pretrial statement
Must include
- •Proposed jury charge
- •Proposed findings conclusions
Court's wording
At the time of filing the Pretrial Statement, any parties represented by counsel must also submit proposed Findings of Fact and Conclusions of Law, if the case is to be tried to the Court, or a proposed Jury Charge, if it will be tried before a jury.
If a pro se party fails to maintain a current mailing address of record, the pro se party's claims may be dismissed.
Counsel must serve paper copies to pro se parties and file affidavit of service
- Document
- Service
Must include
- •Certificate of service
Court's wording
Absent a pro se party consenting to receipt of electronic service, counsel in pro se cases must serve a pro se party with a paper copy of any document that is filed electronically and must file with the Court a separate Affidavit of Service.
Such a letter-motion must include a representation that the parties engaged in a good faith meet-and-confer process that proved unsuccessful.
Submissions identified by Rule 7.B, including applicable motions in limine and trial-specific proposed materials, must be made concurrently with the Joint Pretrial Order.
Court's wording
The parties shall also follow Rule 7.B of the Court’s Individual Rules and Practices for Civil Cases, which identifies submissions that must be made concurrently with the Joint Pretrial Order, including any motions in limine and, if the action is to be tried before a jury, proposed voir dire questions, or, if the action is to be tried to the Court, proposed findings of fact and conclusions of law.
The joint case-status letter must address the eight listed topics in separate paragraphs.
Court's wording
The letter should include the following information in separate paragraphs: (1) A statement indicating whether the parties believe that the pretrial conference is unnecessary. If so, the Court may still hold the pretrial conference, although perhaps at a different time. To that end, counsel should indicate in their joint letter dates and times during the week of the conference that they would be available; (2) A statement of all existing deadlines, due dates, and/or cut-off dates; (3) A brief description of any outstanding motions; (4) A brief description of the status of discovery and of any additional discovery that needs to be completed; (5) A list of all prior settlement discussions, including the date, the parties involved, whether any third-party (e.g., Magistrate Judge, mediator, etc.) was involved, and the approximate duration of any such discussions; (6) A statement of whether or how the Court could facilitate settlement of the case (for example, through a(nother) settlement conference before the assigned Magistrate Judge, or as part of the Court’s Mediation Program); (7) A statement of the anticipated length of trial, and whether the case is to be tried to a jury; (8) A statement of whether the parties anticipate filing motions for summary judgment;
Digital copies of trial exhibits and demonstrative aids required one week before final pretrial conference.
Court's wording
At least one week before the final pretrial conference, the parties shall provide the Court with a digital copy of exhibits and demonstrative aids that they intend to use in their case in chief at trial, as well as an index.
Revised Scheduling Order required if extension affects other deadlines.
Court's wording
If the requested adjournment or extension would affect any other scheduled deadlines or dates, a proposed Revised Scheduling Order must be attached. A Microsoft Word version of the Revised Scheduling Order must be emailed to ReardenNYSDChambers@nysd.uscourts.gov.
Expert witness disclosures required one week before trial under FRCP 26(a)(2) or FRCrP 16.
Court's wording
At least one week before trial, each of the parties must submit to the Court any disclosures pertaining to expert witnesses under Federal Rule of Criminal Procedure 16 or Federal Rule of Civil Procedure 26(a)(2).
Obtain a Certificate of Default for each defaulting party pursuant to Federal Rule of Civil Procedure 55(a) and Local Civil Rule 55.1.
- Document
- Default judgment
Include
- •Certificate of default
The parties shall complete the first two columns but leave the third and fourth columns blank, for use by the Court.
Protective order must conform to Court's model and include cover letter stating adoption status and redline of changes.
- Document
- Protective order
Must include
- •Cover letter
Court's wording
proposed protective order that conforms as closely as possible to the Court’s model Protective Order. The proposed protective order must be accompanied by a cover letter that states whether the parties have adopted, without alteration, the Court’s model Protective Order, or whether the parties propose alterations. Any proposed changes must be reflected in a redline that should be filed as an exhibit to the proposed protective order.
Joint Pretrial Order due 30 days after discovery closes or dispositive motion decision.
- Document
- Joint pretrial order
Must include
- •Email to court
Court's wording
Unless otherwise ordered by the Court, within 30 days of the close of discovery—or, if any dispositive motion is filed, within 30 days of the Court’s decision on such motion—the parties shall file on ECF, and email to the Court, a proposed Joint Pretrial Order that includes the information required by Rule 26(a)(3) of the Federal Rules of Civil Procedure, as well as the following:
The list shall be divided into four columns labeled as follows: (1) Exhibit Number; (2) Description (of the exhibit); (3) Date Identified; and (4) Date Admitted.
Memorandum of law required with service authority, choice of law, cause of action elements, liability analysis, damages authority, and inquest analysis.
- Document
- Default judgment motion
Include
- •Memorandum of law
- •Legal argument
Court's wording
b. A memorandum of law setting forth: i. legal authority for why service of the summons and complaint was proper; ii. choice of law; iii. the elements of each cause of action as to which default judgment is sought, with supporting legal authority; iv. for each defendant and for each cause of action as to which default judgment is sought, an analysis demonstrating that the facts pleaded in the complaint support the conclusion that the relevant defendant is liable with respect to that cause of action; v. legal authority supporting each category of damages requested; vi. legal authority for why an inquest into damages is or is not necessary; and vii. where, in the view of the moving party no inquest is necessary, for each defendant as to which default judgment is sought, an analysis demonstrating
Counsel for all parties must file notices of appearance in this Court promptly upon removal.
FLSA settlement agreements require Court approval with all necessary information.
- Document
- FLSA settlement agreement
Must include
- •Court approval
- •All necessary information
Court's wording
Parties that seek to settle FLSA claims through a stipulated dismissal with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) must submit the settlement agreement and all other necessary information for Court approval in accordance with Cheeks v.
Motion for default judgment must include declarations with service details, procedural history, damages analysis, and supporting evidence.
- Document
- Default judgment motion
Must include
- •Declarations affidavits
Court's wording
The motion must be supported by the following papers: a. One or more declarations or affidavits setting forth: i. the basis for entering a default judgment, including a description of the method and date of service of the summons and complaint; ii. the procedural history beyond service of the summons and complaint, if any; iii. whether, if the default is applicable to fewer than all of the defendants, the Court may appropriately order a default judgment on the issue of damages prior to resolution of the entire action; iv. the proposed damages and the basis for each element of damages, including interest, attorneys’ fees, and costs; and v. evidence in support of the proposed damages, including contemporaneous records and other such documentation.
The index shall be marked as specified in paragraph 7.A.xii above.
Letters seeking relief, including requests for extensions, adjournments, or bail modification, should be filed on ECF as letter-motions in accordance with Rule 3.D below, not as ordinary letters.
the Court, a defendant’s sentencing submission shall be served two weeks prior to the date set for sentencing.
The defendant is responsible for filing all letters submitted on behalf of the defendant, including those from friends and relatives. The Government is responsible for filing all letters from victims.
For cooperating witnesses, Government's 5K1.1 due two weeks before sentencing, defendant's submission due one week before.
Court's wording
In cases involving a cooperating witness, however, the Government’s § 5K1.1 shall be filed at least two weeks before the sentencing, and the defendant’s submission shall be filed at least one week before the sentencing.
The Government’s sentencing submission shall be served one week in advance of the date set for sentencing.
Each pro se party must maintain a current mailing address of record. If a pro se party's mailing address changes, the pro se party must inform the Pro Se Office promptly.
Court will not retain jurisdiction over confidential settlement agreements.
- Document
- Settlement agreement
Must include
- •Public record
Court's wording
The Court will not retain jurisdiction to enforce confidential settlement agreements. If the parties prefer that the Court retain jurisdiction to enforce an agreement, the parties must place the terms of their settlement agreement on the public record.
The pro se party may file (but is not required to file) either proposed Findings of Fact and Conclusions of Law or a proposed Jury Charge.
Parties that settle FLSA claims through a Federal Rule of Civil Procedure 68(a) offer of judgment should not seek Court approval of the disposition.
Counsel shall ensure that they have custody of all original exhibits. The Court does not retain them, and the Clerk is not responsible for them.
Filing & Service rules
Electronic Filing Rules
Absent leave of Court, the parties must file a joint case-status letter on ECF no longer than three pages at least one week before each future conference.
Absent leave of Court, by one week prior to any future conference, the parties shall file on ECF a joint letter, not to exceed three pages, regarding the status of the case.
Civil cases
Page 6 | Civil Case Management Plan and Scheduling Order
Filing Timing and Cure Windows
If all parties consent to magistrate-judge proceedings, they must submit a fully executed consent and reference notice within three days after submitting the proposed case management plan.
If all parties consent, the remaining Paragraphs should not be completed. Instead, within three days of submitting this Proposed Case Management Plan and Scheduling Order, the parties shall submit to the Court a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge, available at https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf.
Civil cases
Page 1 | Civil Case Management Plan and Scheduling Order
Oppositions to summary judgment or expert-exclusion motions must be filed within two weeks after service.
Oppositions shall be filed within two weeks of service of any such motions,
Civil cases
Page 5 | Summary Judgment and Daubert Motions
Any reply must be filed within one week after service of the opposition.
and replies, if any, shall be filed within one week of service of any oppositions.
Civil cases
Page 5 | Summary Judgment and Daubert Motions
Summary judgment and expert-exclusion motions must be filed within 30 days after discovery closes.
The parties shall file any summary judgment motions, and any motions to exclude the testimony of experts pursuant to Rules 702-705 of the Federal Rules of Evidence and Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993), and its progeny, within 30 days of the close of all discovery.
Civil cases
Page 5 | Summary Judgment and Daubert Motions
Unless the Court orders otherwise, the parties must submit the Joint Pretrial Order within 30 days after discovery closes or, if a dispositive motion is filed, within 30 days after the decision on that motion.
Unless otherwise ordered by the Court, within 30 days of the close of all discovery, or, if a dispositive motion has been filed, within 30 days of a decision on such motion, the parties shall submit to the Court for its approval a Joint Pretrial Order prepared in accordance with the Court’s Individual Rules and Fed. R. Civ. P. 26(a)(3).
Civil cases
Page 5 | Summary Judgment and Daubert Motions
Unless the Court orders otherwise for good cause, the parties must be ready for trial two weeks after filing the Joint Pretrial Order.
Unless the Court orders otherwise for good cause shown, the parties shall be ready for trial two weeks after the Joint Pretrial Order is filed.
Civil cases
Page 5 | Summary Judgment and Daubert Motions
Courtesy Copy Requirements
Courtesy copies required for pleadings filed in state court.
In addition to providing a copy of all process, pleadings, and papers served upon the defendants pursuant to 28 U.S.C. § 1446(a), counsel for the removing party or parties must provide the Court with a courtesy copy of any pleading filed or served while the case remained in state court.
Civil cases
Government must email courtesy copies of plea agreements to chambers at least 3 business days before plea.
The Government shall provide a courtesy copy of the plea agreement, cooperation agreement, or Pimentel letter to the Court. These documents should be emailed to ReardenNYSDChambers@nysd.uscourts.gov as soon as practicable, and at least three business days before the scheduled plea.
Criminal cases
One courtesy copy required for sentencing submissions.
The parties shall provide the Court with one courtesy copy of each submission when it is filed.
Criminal cases
Sealing & Redaction Procedures
All redactions or sealing of public court filings require court approval, except for those permitted by Rule 9.A.
Except for redactions permitted by Rule 9.A, 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 otherwise be consistent with the presumption in favor of public access to judicial documents. See, e.g., Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). In general, the parties’ consent, or the fact that information is subject to a confidentiality agreement between litigants, is not sufficient to overcome the presumption in favor of public access to judicial documents. See, e.g., In re Gen. Motors LLC Ignition Switch Litig., No. 14-MD-2543 (JMF), 2015 WL 4750774, at *4 (S.D.N.Y. Aug. 11, 2015).
Civil cases
Page 13 | Redactions and Sealed Filings
Redacted documents require letter-motion, public filing with redactions, sealed filing of unredacted copy, and email to chambers.
Where a party wishes to file a document in redacted form, the party shall electronically file a letter-motion seeking leave to file a document in redacted form on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion itself shall be filed in public view, should explain the reasons for seeking to file the document in redacted form, and should not include confidential information. At the same time, the party shall: (1) publicly file on ECF and electronically relate to the letter-motion a copy of the document with the proposed redactions; and (2) file under seal on ECF (with the appropriate level of restriction) and electronically relate to the motion an unredacted copy of the document with the proposed redactions highlighted. The unredacted copy shall also be emailed to ReardenNYSDChambers@nysd.uscourts.gov.
Civil cases
Page 14 | Redactions and Sealed Filings
The party seeking leave to file sealed or redacted materials should meet and confer with any opposing party (or any third party seeking confidential treatment of the information) in advance to narrow the
The party seeking leave to file sealed or redacted materials should meet and confer with any opposing party (or any third party seeking confidential treatment of the information) in advance to narrow the
Civil cases
Page 14 | Redactions and Sealed Filings
Sealed documents require letter-motion, public filing of motion, sealed filing on ECF, and email to chambers.
The party shall electronically file a letter-motion seeking leave to file a document under seal on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion itself shall be filed in public view, should explain the reasons for seeking to file the document under seal, and should not include confidential information. The proposed sealed document shall be separately and contemporaneously filed under seal on ECF (with the appropriate level of restriction) and electronically related to the motion (or to the relevant Court order, if the Court previously granted leave to file the document under seal). The proposed sealed document shall also be emailed to ReardenNYSDChambers@nysd.uscourts.gov. Note that the summary docket text, but not the document itself, will be open to public inspection and, thus, should not include confidential information sought to be filed under seal.
Civil cases
Page 14 | Redactions and Sealed Filings
Letter-motions for alternative filing methods must be emailed to chambers with specific subject line requirements and page limits.
Any party unable to comply with the requirement for electronic filing under seal on ECF, or who believes that a particular document should not be electronically filed at all, shall file a letter-motion by email, seeking leave of the Court to file in a different manner. Such letter- motions may be emailed to ReardenNYSDChambers@nysd.uscourts.gov as text-searchable PDF attachments, with copies simultaneously delivered to all counsel. In the subject line, the cover email should state clearly: (1) the caption of the case, including the lead party names and docket number; and (2) a brief description of the contents of the letter. Parties shall not include substantive communications in the body of the email. Unless otherwise ordered by the Court, letter-motions seeking leave to file in a different manner shall not exceed five double-spaced pages.
Civil cases
Page 14 | Redactions and Sealed Filings
Sentencing letters must follow Rule 10 redaction/sealing requirements.
The filing of any letters in connection with sentencing must be consistent with Rule 10 regarding redacted and sealed filings, to the extent that Rule applies.
Criminal cases
Sealing Entire Documents. 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 ReardenNYSDChambers@nysd.uscourts.gov and include as an attachment to the email a letter-motion seeking leave to file the document under seal.
Sealing Entire Documents. 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 ReardenNYSDChambers@nysd.uscourts.gov and include as an attachment to the email a letter-motion seeking leave to file the document under seal.
Criminal cases
ECF Filing of the Redacted Document(s). The party should file the redacted version of the document on ECF.
ECF Filing of the Redacted Document(s). The party should file the redacted version of the document on ECF.
Criminal cases
Filing or Emailing 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.
Filing or Emailing 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.
Criminal cases
Emailing of Documents to Chambers. At the same time, the party should email to ReardenNYSDChambers@nysd.uscourts.gov: (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 Rule 10.C.ii, should the party also be seeking leave to file that letter-motion with redactions or under seal.
Emailing of Documents to Chambers. At the same time, the party should email to ReardenNYSDChambers@nysd.uscourts.gov: (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 Rule 10.C.ii, should the party also be seeking leave to file that letter-motion with redactions or under seal.
Criminal cases
All redactions/sealing except Rule 10.A require court approval.
Except for redactions permitted by Rule 10.A, all redactions or sealing of public court filings require Court approval.
Criminal cases
Parties may redact sensitive and caution information without court approval.
Without prior permission from the Court, parties may redact two categories of information from public court filings: “sensitive information,” and information requiring “caution.”
Criminal cases
Sealing Exhibits. Any party seeking leave to file an unsealed or redacted document with a fully sealed exhibit attached thereto should file on ECF the main document (in accordance with the procedures above, if the party seeks to do so with redactions), 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.
Sealing Exhibits. Any party seeking leave to file an unsealed or redacted document with a fully sealed exhibit attached thereto should file on ECF the main document (in accordance with the procedures above, if the party seeks to do so with redactions), 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.
Criminal cases
Sealed or confidential letters may be emailed as text-searchable PDF to chambers with copies to all counsel.
Any letter to be filed under seal or containing sensitive or confidential information may be emailed as a text-searchable PDF to ReardenNYSDChambers@nysd.uscourts.gov, with a copy simultaneously delivered to all counsel (unless the submission is being made ex parte).
Criminal cases
Page 2 | Communications with Chambers
Parties may redact sensitive information and information requiring caution without court approval, following specific guidelines.
The parties are referred to Federal Rule of Civil Procedure 5.2 and the S.D.N.Y. ECF Privacy Policy (“Privacy Policy”). Without prior permission from the Court, parties may redact two categories of information from public court filings: “sensitive information,” and information requiring “caution.” Unless necessary, parties should not include in public filings the five categories of “sensitive information” (i.e., social security numbers [use the last four digits only], names of minor children [use the initials only], dates of birth [use the year only], financial account numbers [use the last four digits only], and home addresses [use the City and State only]). Without Court approval, parties may also redact from public filings the six categories of information requiring “caution” described in the Privacy Policy (i.e., any personal identifying number, medical records [including information regarding treatment and diagnosis], employment history, individual financial information, proprietary or trade secret information, and information regarding an individual’s cooperation with the Government).
Civil cases
Page 13 | Redactions and Sealed Filings
Pre-Motion Conference Requirements
Discovery disputes require conference before filing letter-motion (max 6 pages)
In the event of any discovery disputes, the parties are required to confer in an effort to resolve the dispute without Court intervention. If the parties are unable to resolve their dispute, either party may file a letter-motion, not to exceed six double-spaced pages, explaining the nature of the dispute and requesting an informal conference.
Before seeking court help with a discovery dispute, parties must confer orally or virtually in good faith; if unsuccessful, the requesting party must promptly file a letter-motion requesting an informal conference, and any opposition is due within three business days.
In the case of discovery disputes, the parties should follow Local Civil Rule 37.2 with the following modifications. Any party wishing to raise a discovery dispute with the Court must first meet and confer in good faith with the opposing party—in person, virtually, or by telephone—in an effort to resolve the dispute. Conferring in writing does not satisfy this requirement. If this process fails, the party shall, in accordance with the Court’s Individual Rules, promptly file a letter-motion, no longer than six double-spaced pages, explaining the nature of the dispute and requesting an informal conference. Such a letter-motion must include a representation that the parties engaged in a good faith meet-and-confer process that proved unsuccessful. Any opposition to a letter-motion seeking relief shall be filed as a letter, not to exceed six double-spaced pages, within three business days.
Civil cases
Page 4 | Discovery Disputes
Motion for default judgment required under FRCP 55(b)(2) and LCR 55.2(b); order to show cause not permitted.
File a motion for default judgment pursuant to Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(b). A party seeking a default judgment should not proceed by order to show cause.
Civil cases
Adjournment & Extension Requirements
Pro se plaintiffs must file Pretrial Statement within 30 days of discovery completion.
Within 30 days of the completion of discovery, unless otherwise ordered by the Court, a pro se plaintiff shall file a concise Pretrial Statement.
Extension/adjournment requests require 2 business days advance notice (except emergencies)
Absent an emergency, any request for an extension or adjournment shall be made at least two business days prior to the scheduled deadline or date.
Oppositions to motions must be filed within 4 weeks; replies within 2 weeks.
Filing and Service. Unless otherwise ordered by the Court, oppositions to motions shall be served and filed within four weeks of receipt of the motion papers, and reply papers, if any, shall be served and filed within two weeks of receipt of opposition papers.
Adjournment/extension requests must include specific required elements
All requests for adjournments or extensions of time must be made in writing and must state: (1) the original date; (2) the number of previous requests for adjournment or extensions of time; (3) whether those previous requests were granted or denied; (4) the reason(s) for the requested extension; (5) whether the adversary consents, and, if not, the reason(s) given by the adversary for declining to consent; and (6) the date of the parties' next scheduled appearance before the Court, as well as any other existing deadlines, and whether the requested adjournment or extension would affect those other deadlines or any other scheduled dates.
Requests to modify or extend deadlines must be filed as an ECF letter-motion at least two business days before the deadline and explain compliance efforts and why discovery cannot be completed; extensions after deadlines are disfavored absent exceptional circumstances.
Any application to modify or extend the dates herein shall be made by letter-motion filed on ECF, no later than two business days before the relevant deadline. In addition to the requirements listed in Rule 2.E of this Court’s Individual Rules and Practices in Civil Cases, the letter- motion must explain the parties’ efforts to comply with the deadline and the reasons why discovery cannot be completed by then. Absent exceptional circumstances, extensions will not be granted after deadlines have already passed.
Civil cases
Page 3 | Civil Case Management Plan and Scheduling Order
Plaintiff must serve motion and file affidavit of service within 2 business days of filing default judgment motion.
Within two business days of filing the motion for default judgment, the plaintiff must (1) serve the motion and all supporting papers on the party against whom a default judgment is sought, and (2) file an affidavit of service on ECF. The Court will not consider the motion for default judgment unless and until such affidavit of service is filed. If more than two business days are required to complete service of the motion for default judgment and supporting papers, the plaintiff should file a letter on ECF explaining why additional time is necessary and when the plaintiff anticipates service will be completed.
Civil cases
Page 17 | Default Judgment Procedure
Extension/adjournment requests must be made at least 2 business days before deadline.
All requests for extensions of time or adjournment of motions, pretrial conferences, or other matters must be made not less than two business days before the scheduled deadline or date.
Civil cases
Extension/adjournment requests must include specific required elements.
All such requests must be made in writing and filed on ECF as letter-motions, and should state: (1) the original date; (2) the number of previous requests for adjournment or extensions of time; (3) whether those previous requests were granted or denied; (4) the reason(s) for the requested extension; (5) whether the adversary consents, and, if not, the reason(s) given by the adversary for declining to consent; and (6) the date of the parties’ next scheduled appearance before the Court, as well as any other existing deadlines, and whether the requested adjournment or extension would affect those other deadlines or any other scheduled dates.
Civil cases
Bankruptcy appeal briefs follow FRBP; extensions require stipulation with courtesy copy emailed 5 business days before due date.
Unless otherwise ordered, briefs must be submitted in accordance with the Federal Rules of Bankruptcy Procedure. Counsel may seek to extend the default deadlines by submitting a stipulation on ECF (with a courtesy copy in Microsoft Word format emailed to ReardenNYSDChambers@nysd.uscourts.gov), not later than five business days before the brief is due.
Civil cases
All requests for adjournments or extensions of time should state: (1) the original date; (2) the number of previous requests for adjournment or extensions of time; (3) whether those previous requests were granted or denied; (4) the reason(s) for the requested extension; (5) whether the adversary consents, and, if not, the reason(s) given by the adversary for declining to consent; and (6) the date of the parties’ next scheduled appearance before the Court, as well as any other existing deadlines, and whether the requested adjournment or extension would affect those other deadlines or any other scheduled dates.
All requests for adjournments or extensions of time should state: (1) the original date; (2) the number of previous requests for adjournment or extensions of time; (3) whether those previous requests were granted or denied; (4) the reason(s) for the requested extension; (5) whether the adversary consents, and, if not, the reason(s) given by the adversary for declining to consent; and (6) the date of the parties’ next scheduled appearance before the Court, as well as any other existing deadlines, and whether the requested adjournment or extension would affect those other deadlines or any other scheduled dates.
Criminal cases
Page 2 | Requests for Adjournments or Extensions of Time
All adjournment/extension requests must be filed as letter-motions on ECF, with email option for sensitive matters.
All requests for extensions of time or adjournments of motions, proceedings, or other matters must be made in writing and filed on ECF as letter-motions. (If a request contains sensitive or confidential information, it may be submitted by email in lieu of electronic filing and must include the word “SCHEDULING” in the email subject line.)
Criminal cases
Page 2 | Requests for Adjournments or Extensions of Time
Adjournment requests require 48 hours notice (72 hours for sentencing), except in emergencies.
Absent an emergency, any request for an adjournment or extension must be made at least 48 hours before the scheduled deadline or date, and any request to adjourn sentencing must be made at least 72 hours before the scheduled proceeding.
Criminal cases
Bail modification requests must be filed as letter-motions at least 48 hours before the event.
Any written request for a bail modification must be filed (as a letter-motion pursuant to Rule 3.D) at least 48 hours before the pertinent event or date.
Criminal cases
Extensions requested after deadline expiration are ordinarily denied.
Requests for extensions made after the expiration of the original deadline or date will ordinarily be denied.
Criminal cases
Any request to adjourn a sentencing should be made as early as possible, and not later than 72 hours before the sentencing proceeding, in accordance with Rule 3.G above.
Any request to adjourn a sentencing should be made as early as possible, and not later than 72 hours before the sentencing proceeding, in accordance with Rule 3.G above.
Criminal cases
Late extension requests are ordinarily denied
Requests for extensions made after the expiration of the original deadline or date will ordinarily be denied.
Extension requests for magistrate-referred matters go to the magistrate judge
Requests for extensions of deadlines regarding a matter that has been referred to a Magistrate Judge shall be addressed to that Magistrate Judge.
When the parties agree expert discovery is unnecessary, discovery is due by the fact-discovery deadline unless the Court grants a timely letter-motion for an extension, which should explain the need for expert discovery and propose a schedule.
If the parties agree that there is no need for expert discovery, all discovery shall be completed by the deadline for fact discovery, unless—prior to that date—a party files, and the Court grants, a letter-motion seeking an extension for purposes of taking expert discovery; any such letter-motion should explain why expert discovery has become necessary and propose a schedule for it.
Civil cases
Page 2 | Discovery
The parties may extend the specified interim discovery deadlines by written consent without applying to the Court, so long as fact discovery is completed by the Paragraph 9(b) date.
Any of the deadlines in Paragraphs 10(a) through 10(e) may be extended by the written consent of all parties without application to the Court, provided that all fact discovery is completed by the date set forth in Paragraph 9(b).
Civil cases
Page 4 | Interim Discovery Deadlines
Late extension requests are ordinarily denied.
Requests for extensions made after the expiration of the original deadline or date will ordinarily be denied.
Civil cases
Extension requests for magistrate-referred matters go to magistrate judge.
Requests for extensions regarding a matter that has been referred to a Magistrate Judge shall be addressed to the assigned Magistrate Judge.
Civil cases
24 hours' notice required for guilty pleas on supervised release violations.
The Court will not accept a guilty plea on a violation of supervised release without 24 hours' notice of the intent to plead, specifying the violations as to which the defendant intends to plead guilty.
Criminal cases
Chambers Communication Rules
Pro se parties may not contact the Court directly. All communications with the Court by a pro se party (including written, electronic, and telephone communications) should be addressed to the Pro Se Office.
Pro se parties may not contact the Court directly. All communications with the Court by a pro se party (including written, electronic, and telephone communications) should be addressed to the Pro Se Office.
Pro se discovery requests go to opposing counsel, not the Court
All requests for discovery by a pro se party should be sent to counsel for the party from whom discovery is sought (if the party is represented by counsel). Discovery requests should not be sent to the Court.
Pro se parties must file documents through Pro Se Office, not Chambers
No documents or court filings may be sent directly to Chambers. A pro se party may instead file papers with the Court by: i. Delivering them in person to the Pro Se Office at 40 Foley Square, Room 105, New York, New York 10007; ii. Mailing them to the Pro Se Intake Office at 500 Pearl Street, New York, New York 10007 (Attention: Pro Se Intake); iii. Emailing them as an attachment in PDF format to Temporary_Pro_Se_ Filing@nysd.uscourts.gov, in which case the pro se party should follow the instructions contained in the April 1, 2020 Addendum to the S.D.N.Y. Electronic Case Filing Rules and Instructions; or iv. Filing them on ECF, if the pro se party has filed a Motion for Permission for Electronic Case Filing (available online and in the Pro Se Office) and been granted such permission by the Court.
Communications with Chambers, including requests for extensions or adjournments, shall be by letter or letter-motion filed on ECF in accordance with these Rules and Practices.
Communications with Chambers, including requests for extensions or adjournments, shall be by letter or letter-motion filed on ECF in accordance with these Rules and Practices.
Civil cases
Email exhibit list in both Word and PDF format to chambers.
The parties shall also email a list of all exhibits sought to be admitted, both in Microsoft Word and .pdf format.
Civil cases
Faxes to chambers are prohibited.
Faxes to Chambers are not permitted.
Civil cases
When Court permission is required under the Standing Order, attorneys seeking to bring electronic devices to the Court should email a completed Model Court Order to ReardenNYSDChambers@nysd.uscourts.gov five business days before the relevant trial or hearing.
When Court permission is required under the Standing Order, attorneys seeking to bring electronic devices to the Court should email a completed Model Court Order to ReardenNYSDChambers@nysd.uscourts.gov five business days before the relevant trial or hearing.
Civil cases
Electronic device use in courthouse governed by Standing Order M10-468.
Attorneys’ use of personal electronic devices (including mobile phones) and general purpose computing devices (such as laptops and tablets) within the Courthouse and its environs is governed by Standing Order M10-468.
Civil cases
Electronic device order must be presented when bringing devices into courthouse.
The order must be presented upon bringing the electronic device(s) into the Courthouse.
Civil cases
Any other communications with Chambers, including requests for extensions or adjournments, shall be by letter or letter-motion filed on ECF as required by these Rules and Practices.
Any other communications with Chambers, including requests for extensions or adjournments, shall be by letter or letter-motion filed on ECF as required by these Rules and Practices.
Criminal cases
Page 1 | Communications with Chambers
Faxes to chambers are prohibited.
Faxes to Chambers are not permitted.
Criminal cases
Page 2 | Faxes
Parties must email proposed voir dire, jury instructions, and verdict forms in Word format to chambers.
At the time of filing, each party shall email its proposed voir dire, proposed jury instructions, and proposed verdict form, in Microsoft Word format, to ReardenNYSDChambers@nysd.uscourts.gov.
Criminal cases
Pro se parties consenting to electronic service receive no hard copies
If a pro se party consents to electronic service, or if the Court grants a Motion for Permission for Electronic Case Filing on ECF under Rule 5.iv, that party will not receive hard copies of any document filed on ECF or served by email.
For situations requiring immediate attention from the Court, counsel should call Chambers directly; in such situations, the parties should email ReardenNYSDChambers@nysd.uscourts.gov requesting the Court’s contact information.
For situations requiring immediate attention from the Court, counsel should call Chambers directly; in such situations, the parties should email ReardenNYSDChambers@nysd.uscourts.gov requesting the Court’s contact information.
Criminal cases
Page 1 | Communications with Chambers
Non-incarcerated pro se parties encouraged to consent to electronic service
To ensure timely service of documents, including Court orders, non-incarcerated pro se parties are encouraged to consent to receive electronic service through ECF.
Pro Se Law Clinic available for non-incarcerated pro se litigants.
This District offers a Pro Se Law Clinic to assist non-incarcerated persons who are parties in civil cases and do not have lawyers.
For questions that cannot be answered by reference to these Rules or the S.D.N.Y. Local Rules, or for docketing, scheduling, or calendar matters, counsel may contact the Courtroom Deputy, Khalilah Williams.
For questions that cannot be answered by reference to these Rules or the S.D.N.Y. Local Rules, or for docketing, scheduling, or calendar matters, counsel may contact the Courtroom Deputy, Khalilah Williams.
Civil cases
Hand deliveries should be left with the Court Security Officers at the Worth Street entrance of the Courthouse. If a hand delivery requires the Court’s immediate attention, ask the Court Security Officers to notify Chambers that an urgent package has arrived.
Hand deliveries should be left with the Court Security Officers at the Worth Street entrance of the Courthouse. If a hand delivery requires the Court’s immediate attention, ask the Court Security Officers to notify Chambers that an urgent package has arrived.
Civil cases
Court coordinates with District Executive's Office to issue electronic device order after approval.
Upon the Court’s approval, Chambers will coordinate with the District Executive’s Office to issue the order and forward a copy to counsel.
Civil cases
For situations requiring immediate attention from the Court, counsel should call Chambers directly; in such situations, parties should email ReardenNYSDChambers@nysd.uscourts.gov requesting the Court’s contact information.
For situations requiring immediate attention from the Court, counsel should call Chambers directly; in such situations, parties should email ReardenNYSDChambers@nysd.uscourts.gov requesting the Court’s contact information.
Civil cases
Email ReardenNYSDChambers@nysd.uscourts.gov to request upload link for trial exhibits.
The parties shall email ReardenNYSDChambers@nysd.uscourts.gov requesting a link to upload these materials.
Civil cases
For questions that cannot be answered by reference to these Rules or the S.D.N.Y. Local Rules, or for docketing, scheduling, or calendar matters, counsel may contact the Courtroom Deputy, Khalilah Williams.
For questions that cannot be answered by reference to these Rules or the S.D.N.Y. Local Rules, or for docketing, scheduling, or calendar matters, counsel may contact the Courtroom Deputy, Khalilah Williams.
Criminal cases
Page 1 | Communications with Chambers
Hand deliveries go to Court Security Officers at Worth Street entrance; notify chambers for urgent packages.
Hand deliveries should be left with the Court Security Officers at the Worth Street entrance of the Courthouse. If a hand delivery requires the Court’s immediate attention, ask the Court Security Officers to notify Chambers that an urgent package has arrived.
Criminal cases
Page 2 | Hand Deliveries