Judge John G Koeltl
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Case Dispositive Motion
- 1 copy • When Fully Briefed
Courtesy copies
- 1 copy • Email • When Fully Briefed
- Email • Promptly After Filing
Pleading
Adjournments
- Adjournment requests for court appearances must be made 48 hours in advance (except emergencies).
- Adjournment/extension requests must be filed as letter-motions on ECF, include specific required elements, and be made 48 hours in advance (except emergencies).
Communication
Chambers
Page & Word Limits3 rules
In particular, all requests for adjournments, extensions, and pre-motion conferences (including pre- motion conferences with respect to discovery disputes) should be filed as letter-motions. Courtesy copies are no longer accepted. Letter-motions, together with any related exhibits, should not exceed 3 pages in length.
- Letter motion
- Up to 3 pages
- Letter
Civil memoranda limited to 7,000 words (2,800 for replies); require certificates, TOC, TOA; double-spaced with legible font.
- Memorandum of law
- Up to 7,000 words
- Reply memorandum
- Up to 2,800 words
Excluded from word count
- •Table of contents
- •Table of authorities
- •Certificates
Court's wording
D. Memoranda of Law in Civil Cases. Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to 7,000 words or fewer, and reply memoranda are limited to 2,800 words or fewer. All memoranda shall contain a certificate signed by counsel stating the number of words in the brief and certifying that the brief complies with these formatting rules. All memoranda shall contain a table of contents and a table of authorities. The cover page, certification of compliance, table of contents, and table of authorities shall not be included in any word count. All memoranda should be double spaced, in legible font, and with reasonable margins. All footnotes must be double spaced and in legible font.
E. Memoranda of Law in Criminal Cases. There is no limitation with regard to pages or words for memoranda of law in criminal cases.
Document Format Requirements3 rules
Letters should be filed electronically on ECF, unless there is a request to file a letter under seal or a letter contains sensitive or confidential information. For instructions on how to file electronically under seal, see Section 6 below. Courtesy copies are no longer accepted. Whether filed electronically or not, letters may not exceed 3 pages in length.
Letters should be filed electronically on ECF, unless there is a request to file a letter under seal or a letter contains sensitive or confidential information.
Side binding preferred for lengthy documents; velo binding discouraged; declarations double-sided, memoranda single-sided.
Court's wording
The moving party should note that for documents that are too lengthy to be stapled, the Court has a preference for binding on the side. Velo binding is discouraged. Parties are encouraged to print declarations with lengthy exhibits double sided, but memoranda of law should be single sided.
Document Filing Requirements24 rules
If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order (reflecting only business days) must be attached.
Adjournment/extension letter-motions must include original date, previous requests, adversary consent, and reasons.
- Document
- Letter motion
Must include
- •Original date
- •Number of previous requests
- •Previous requests granted or denied
Court's wording
The letter- motion must state (1) the original date, (2) the number of previous requests for adjournment or extension, (3) whether these previous requests were granted or denied, and (4) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent.
Letters should be grouped and filed together with attachments to a single document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated.
- Document
- Sentencing memorandum
Should include
- •Caption
- •Case number
Motion papers must be filed on ECF for ECF cases; filed in Clerk's Office for non-ECF cases.
Court's wording
F. Filing of Motion Papers. Motion papers shall be filed and served on ECF for all ECF cases. In non-ECF cases, such as Social Security cases and cases in which there is a Pro Se litigant, motion papers shall be filed in the Clerk’s Office promptly after service.
In accordance with the Scheduling Order adopted by the Court, in all civil cases, the parties shall submit to the Court for its approval a joint pretrial order, which shall include the following:
In accordance with the Scheduling Order adopted by the Court, in all civil cases, each party shall submit prior to the date scheduled for trial: 1. in jury cases, requests to charge and proposed voir dire questions. When feasible, proposed jury charges should also be submitted on a CD-ROM in Word or WordPerfect format; 2. in non-jury cases, proposed findings of fact and conclusions of law; 3. in all cases, motions addressing any evidentiary or other issues which should be resolved in limine; and 4. in any case where a party believes it would be useful, a pretrial memorandum.
Defense must schedule pre-sentence interview within 14 days of plea/verdict
Court's wording
Defense counsel shall promptly schedule with the Probation Department a Pre-Sentence interview of the defendant to occur within fourteen (14) days after the date of the defendant’s guilty plea or verdict.
Within fourteen (14) days of the initial disclosure, the parties must provide the Probation Department with any objections to the Pre-Sentence Investigation Report.
Within twenty-eight (28) days of the plea or verdict, the Probation Department will complete its Pre-Sentence interview of the defendant or notify the judge why it was unable to do so.
Twenty-eight (28) days after its initial disclosure, the Probation Department will make its final disclosure of the Pre-Sentence Investigation Report to the parties;
Fifty-five (55) days after the plea or verdict, the Probation Department will make its initial disclosure of the Pre-Sentence Investigation Report to the parties.
A. File a proposed Certificate of Default and supporting declarations on ECF to obtain a Clerk’s Certificate of Default.
ECF the following documents: 1. A proposed Order to Show Cause; 2. An attorney’s affidavit stating why a default judgment is appropriate; and 3. A proposed default judgment plus statement of damages.
- Document
- Default judgment
Include
- •Proposed order
The proposed Order to Show Cause should contain the following text: “The defendants shall respond in writing to this Order to Show Cause for a default judgment by . If the defendants fail to respond by that date, judgment may be entered against them and the defendants will have no trial. The plaintiff may reply by . The plaintiff shall serve a copy of this Order to Show Cause by and shall file proof of service by . No personal appearances are required in connection with this Order to Show Cause.”
FLSA cases must provide initial discovery within 30 days of defendant's responsive pleading, superseding FRCP 26(a)(1) initial disclosures.
Court's wording
Within 30 days following the defendant’s submission of a responsive pleading or motion, the parties shall provide to one another the documents and information described in the Initial Discovery Protocols for the relevant time period. This obligation supersedes the parties’ obligations to provide initial disclosures under FRCP 26(a)(1) for the FLSA Claims.
I hereby agree that I will not disclose any information contained in such documents to any other person. I further agree not to use any such information for any purpose other than this litigation.
The Confidential Information may be displayed to and discussed with the persons identified in Paragraphs 4(c) and (d) only on the condition that prior to any such display or discussion, each such person shall be asked to sign an agreement to be bound by this Order in the form attached hereto as Exhibit A. In the event such person refuses to sign an agreement in the form attached as Exhibit A, the party desiring to disclose the Confidential Information may seek appropriate relief from the Court.
Letters between parties/counsel not addressed to Court may not be filed on ECF.
Court's wording
Letters solely between parties or their counsel or otherwise not addressed to the Court may not be filed on ECF or otherwise sent to the Court (except as exhibits to an otherwise properly filed document).
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.
H. Motion Schedule. Unless otherwise stipulated by the Court, the schedule for responses and replies to civil motions shall be that established by Local Civil Rule 6.1.
G. Oral Argument on Motions. Parties may request oral argument by letter at the time their moving or opposing or reply papers are filed. The Court will determine whether
A. Initial Pretrial Conferences. The parties are expected to confer with each other pursuant to Rule 26(f) of the Federal Rules of Civil Procedure before the initial conference with the Court. The parties are expected to provide a Rule 26(f) report to the Court before the initial conference.
- Document
- Pretrial conference
Include
- •Rule 26(f) report
It remains the duty of the attorney for a party to review regularly the docket sheet of the case.
Initial Discovery Protocols supersede initial disclosure obligations under F.R.C.P. 26(a)(1) but preserve other discovery rights.
Court's wording
The Initial Discovery Protocols are not intended to preclude or to modify the rights of any party for discovery as provided by the Federal Rules of Civil Procedure (F.R.C.P.) and other applicable local rules, but they are intended to supersede the parties’ obligations to make initial disclosures pursuant to F.R.C.P. 26(a)(1).
Filing & Service rules
Courtesy Copy Requirements
Courtesy copies are no longer accepted.
Courtesy copies are no longer accepted.
Page 1 | I. Communications with Chambers
Courtesy copies of all sentencing submissions should be provided to the Court promptly after they are filed. Unless otherwise ordered by the Court, courtesy copies should be submitted via email to koeltlnysdchambers@nysd.uscourts.gov.
Courtesy copies of all sentencing submissions should be provided to the Court promptly after they are filed. Unless otherwise ordered by the Court, courtesy copies should be submitted via email to koeltlnysdchambers@nysd.uscourts.gov.
Page 2 | I. Communications with Chambers
Courtesy copies of pleadings, marked as such, shall be submitted to Chambers as soon as practicable after filing. Unless otherwise ordered by the Court, courtesy copies should be mailed to Chambers and submitted via email to koeltlnysdchambers@nysd.uscourts.gov.
Courtesy copies of pleadings, marked as such, shall be submitted to Chambers as soon as practicable after filing. Unless otherwise ordered by the Court, courtesy copies should be mailed to Chambers and submitted via email to koeltlnysdchambers@nysd.uscourts.gov.
Page 3 | Courtesy Copies
C. Courtesy Copies. The moving party should furnish to Chambers one courtesy copies of all the motion papers (including papers in opposition to the motion) after the motion has been fully briefed. Each submission related to the motion should be filed on the docket promptly after service, but the full set of courtesy copies should be furnished to chambers only once the motion is fully briefed.
C. Courtesy Copies. The moving party should furnish to Chambers one courtesy copies of all the motion papers (including papers in opposition to the motion) after the motion has been fully briefed. Each submission related to the motion should be filed on the docket promptly after service, but the full set of courtesy copies should be furnished to chambers only once the motion is fully briefed.
Page 3 | Courtesy Copies
The parties should provide the Court courtesy copies of all sentencing submissions.
The parties should provide the Court courtesy copies of all sentencing submissions.
Page 7 | VII. Filings Under Seal
For dispositive motions, the parties should submit one fully briefed set of courtesy copies to the Court.
The parties are advised to comply with the Court’s Individual Practice 2(B) regarding motions, and to submit one fully briefed set of courtesy copies to the Court.
Civil cases
Page 1 | Dispositive Motions
Sealing & Redaction Procedures
The defense and Government submissions should be filed on ECF after redacting any personal identifying information and any other information that may properly be redacted. The parties should provide the Court courtesy copies of all sentencing submissions.
The defense and Government submissions should be filed on ECF after redacting any personal identifying information and any other information that may properly be redacted. The parties should provide the Court courtesy copies of all sentencing submissions.
Page 7 | VII. Filings Under Seal
Motions for sealed filings must be filed electronically following specific procedures.
Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court's ECF system in conformity with the court's standing order, 19-mc-00583, and ECF Rules & Instructions, section 6.
Page 8 | VII. Filings Under Seal
Certain sensitive information must be redacted from filings without court approval.
Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court. Such sensitive information includes: Social Security numbers; names of minor children; dates of birth; and financial account numbers.
Page 8 | VII. Filings Under Seal
Motions for sealed filings must be public and explain reasons without including confidential information.
The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal.
Page 8 | VII. Filings Under Seal
Redaction requires filing redacted version publicly and unredacted version under seal with highlights.
Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.
Page 9 | Sealing and Redaction Procedures
Motion required to file sealed documents on paper instead of ECF.
Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.
Page 9 | Sealing and Redaction Procedures
Opposing party must file letter explaining need to seal/redact within 3 days.
When a party seeks leave to file sealed or redacted materials on the ground that an opposing party or third party has requested it, that party shall notify the opposing party or third party that it must file, within three days, a letter explaining the need to seal or redact the materials.
Page 9 | Sealing and Redaction Procedures
Documents/information labeled 'CONFIDENTIAL – PRODUCED PURSUANT TO PROTECTIVE ORDER' are confidential by court order.
I have been informed by counsel that certain documents or information to be disclosed to me in connection with the matter entitled ___________________________ have been designated as confidential. I have been informed that any such documents or information labeled “CONFIDENTIAL – PRODUCED PURSUANT TO PROTECTIVE ORDER” are confidential by Order of the Court.
Civil cases
Confidential information filed with court must be filed under seal
All information subject to confidential treatment in accordance with the terms of this Stipulation and Order that is filed with the Court, and any pleadings, motions or other papers filed with the Court disclosing any Confidential Information, shall be filed under seal to the extent permitted by law
Civil cases
Confidential information must be returned or destroyed within 30 days after final judgment, except counsel may retain working files.
At the conclusion of litigation, the Confidential Information and any copies thereof shall be promptly (and in no event later than thirty (30) days after entry of final judgment no longer subject to further appeal) returned to the producing party or certified as destroyed, except that the parties’ counsel shall be permitted to retain their working files on the condition that those files will remain confidential.
Page 16 | Paragraph 9
Documents containing confidential information must be filed under seal, with producing party responsible for satisfying preconditions.
Any pleadings, motions or other papers filed with the Court disclosing any Confidential Information, shall be filed under seal to the extent permitted by law (including without limitation any applicable rules of court) and kept under seal until further order of the Court. To the extent the Court requires any further act by the parties as a precondition to the filing of documents under seal (beyond the submission of this Stipulation and Order Regarding Confidential Information), it shall be the obligation of the producing party of the documents to be filed with the Court to satisfy any such precondition. Where possible, only confidential portions of filings with the Court shall be filed under seal.
Page 16 | Paragraph 8
Other information that should be treated with caution and may warrant a motion for approval of sealed or redacted filing includes: personal identifying numbers (PIN numbers); medical records, treatment and diagnosis; employment history; individual financial information; proprietary or trade secret information; home addresses; and information regarding an individual's cooperation with the government.
Other information that should be treated with caution and may warrant a motion for approval of sealed or redacted filing includes: personal identifying numbers (PIN numbers); medical records, treatment and diagnosis; employment history; individual financial information; proprietary or trade secret information; home addresses; and information regarding an individual's cooperation with the government.
Page 8 | VII. Filings Under Seal
The party seeking leave to file sealed or redacted materials should meet and confer with any opposing parties (or third parties seeking confidential treatment of the information, if any) in advance to narrow the scope of the request.
The party seeking leave to file sealed or redacted materials should meet and confer with any opposing parties (or third parties seeking confidential treatment of the information, if any) in advance to narrow the scope of the request.
Page 9 | Sealing and Redaction Procedures
Late designation of confidential information allowed within 14 days after discovery closes or document production.
The disclosure of a document or information without designating it as “confidential” shall not constitute a waiver of the right to designate such document or information as Confidential Information provided that the material is designated pursuant to the procedures set forth herein no later than that latter of fourteen (14) days after the close of discovery or fourteen (14) days after the document or information’s production. If so designated, the document or information shall thenceforth be treated as Confidential Information subject to all the terms of this Stipulation and Order.
Page 15 | Paragraph 7
Letters should be filed electronically on ECF, unless there is a request to file a letter under seal or a letter contains sensitive or confidential information. For instructions on how to file electronically under seal, see Section 6 below.
Letters should be filed electronically on ECF, unless there is a request to file a letter under seal or a letter contains sensitive or confidential information. For instructions on how to file electronically under seal, see Section 6 below.
Page 1 | I. Communications with Chambers
Supporting papers for sealed motions may be filed under seal or redacted as necessary.
Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.
Page 8 | VII. Filings Under Seal
Documents withheld on privilege/work product grounds follow FRCP 26(b)(5) provisions.
Documents withheld based on a claim of privilege or work product are subject to the provisions of FRCP 26(b)(5).
Civil cases
Page 13 | Initial Discovery Protocols
Parties may designate documents/responses as confidential in good faith to protect client interests.
Counsel for any party may designate any document, information contained in a document, information revealed in an interrogatory response or information revealed during a deposition as confidential if counsel determines, in good faith, that such designation is necessary to protect the interests of the client.
Civil cases
Page 14 | Interim Protective Order
Information or documents designated as “confidential” shall not be disclosed to any person, except: a. The requesting party and counsel, including in-house counsel; b. Employees of such counsel assigned to and necessary to assist in the litigation;
Information or documents designated as “confidential” shall not be disclosed to any person, except: a. The requesting party and counsel, including in-house counsel; b. Employees of such counsel assigned to and necessary to assist in the litigation;
Civil cases
Page 14 | Interim Protective Order
Pre-Motion Conference Requirements
B. Pre-Motion Conferences in Civil Cases. For discovery motions, follow Local Civil Rule 37.2. For motions other than discovery motions, a pre-motion conference with the court is required only before making a motion to dismiss, motion to amend or a motion for summary judgment.
B. Pre-Motion Conferences in Civil Cases. For discovery motions, follow Local Civil Rule 37.2. For motions other than discovery motions, a pre-motion conference with the court is required only before making a motion to dismiss, motion to amend or a motion for summary judgment.
Page 3 | Pre-Motion Conferences in Civil Cases
Adjournment & Extension Requirements
Adjournment requests for court appearances must be made 48 hours in advance (except emergencies).
If the request is for an adjournment of a court appearance, absent an emergency, it shall be made at least 48 hours prior to the scheduled appearance.
Page 1 | I. Communications with Chambers
Adjournment/extension requests must be filed as letter-motions on ECF, include specific required elements, and be made 48 hours in advance (except emergencies).
All requests for adjournment or extensions of time must be made in writing and filed on ECF as letter-motions. Courtesy copies are no longer accepted. If a request contains sensitive or confidential information, it may be submitted by fax or mail in lieu of being filed electronically. The letter- motion must state (1) the original date, (2) the number of previous requests for adjournment or extension, (3) whether these previous requests were granted or denied, and (4) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent. If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order (reflecting only business days) must be attached. If the request is for an adjournment of a court appearance, absent an emergency, it shall be made at least 48 hours prior to the scheduled appearance.
Page 1 | I. Communications with Chambers
Chambers Communication Rules
Counsel should notify the Court and all other counsel in writing as early as possible about scheduling problems involving out-of-town witnesses or other exigencies.
Counsel should notify the Court and all other counsel in writing, at the earliest possible time of any particular scheduling problems involving out-of-town witnesses or other exigencies.
Civil cases
Page 1 | Pretrial Order/Motions in Limine
After the ready-for-trial date, counsel must notify the Court and adversaries in writing of potential trial scheduling conflicts before the Court gives notice of an actual trial date.
At any time, after the ready for trial date, counsel must notify the Court and their adversaries in writing of any potential scheduling conflicts, including, but not limited to, trials and vacations, that would prevent a trial at a particular time. Such notice must come before counsel are notified by the Court of an actual trial date, not after.
Civil cases
Page 1 | Pretrial Order/Motions in Limine
Sensitive/confidential adjournment requests may be submitted by fax or mail instead of ECF.
If a request contains sensitive or confidential information, it may be submitted by fax or mail in lieu of being filed electronically.
Page 1 | I. Communications with Chambers
ECF filings reviewed next business day; email chambers for immediate attention.
As a general matter, materials filed via ECF are reviewed by the Court the business day after they have been filed. If your submission requires immediate attention, please notify Chambers by e-mail after you file via ECF.
Page 2 | I. Communications with Chambers
Notice of orders/judgments provided through ECF; no facsimile copies except for non-ECF cases or extraordinary circumstances.
The Court will provide notice of entry of any order or judgment through the Electronic Filing System for all ECF cases. The Court will no longer send facsimile copies of orders or judgments, except in cases which are not ECF cases and in extraordinary circumstances.
Page 4 | Notice of Court Orders and Judgments
The parties may use a joint letter to communicate with the Court about whether a settlement reference would be useful and whether they consent to trial before the Magistrate Judge.
The parties may communicate with the Court with respect to these matters by joint letter.
Civil cases
Page 2 | Other