Judge Katherine Polk Failla

The parties must file their joint pretrial conference status letter on ECF by Thursday of the week prior to the conference.

By Thursday of the week prior to that conference, the parties shall file on ECF, and provide a courtesy copy, clearly marked as such, via e-mail (Failla_NYSDChambers@nysd.uscourts.gov) a joint letter, not to exceed three pages, regarding the status of the case.

Civil cases

Page 8 | Civil Case Management Plan and Scheduling Order

The parties must file the joint status letter on ECF by Thursday of the week before the conference.

By Thursday of the week prior to that conference, the parties shall file on ECF, and provide a courtesy copy, clearly marked as such, via e-mail (Failla_NYSDChambers@nysd.uscourts.gov) a joint letter, not to exceed three pages, regarding the status of the case.

Civil cases

Page 8 | To Be Filled In by the Court If Applicable

If all parties consent to proceed before a magistrate judge, they must submit a fully executed SDNY consent form to the Court within three (3) days of submitting the Proposed Civil Case Management Plan and Scheduling Order.

If all parties consent, the remaining paragraphs need not be completed. Instead, the parties shall submit to the Court a fully executed SDNY Form Consenting to Proceed for All Purposes Before a Magistrate Judge, available at the Court’s website, https://nysd.uscourts.gov/hon-katherine-polk-failla, within three (3) days of submitting this Proposed Civil Case Management Plan and Scheduling Order.

Civil cases

Page 1 | Consent to Proceedings Before a United States Magistrate Judge

Motions to amend pleadings or join additional parties (which require leave of court) must be filed no later than 30 days after the initial pretrial conference absent exceptional circumstances, and motions filed after that deadline are subject to the Rule 16(b)(4) good cause standard.

Any motion to amend or to join additional parties shall be filed no later than ________________ [Absent exceptional circumstances, a date not more than thirty (30) days following the initial pretrial conference. Any motion to amend or to join additional parties filed after this deadline will be subject to the “good cause” standard in Fed. R. Civ. P. 16(b)(4) rather than the more lenient standards of Fed. R. Civ. P. 15 and 21.]

Civil cases

Page 1 | Amended Pleadings and Additional Parties

Rule 26(a)(1) initial disclosures must be completed within 14 days following the initial pretrial conference absent exceptional circumstances (the bracketed default is truncated in the source).

Initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) shall be completed no later than _______ days from the date of this Order. [Absent exceptional circumstances, a date not more than 14 days following the

Civil cases

Page 1 | Initial Disclosures

All expert discovery, including reports, production of underlying documents, and depositions, must be completed no later than 45 days after completion of fact discovery, absent exceptional circumstances.

All expert discovery, including reports, production of underlying documents, and depositions, shall be completed no later than ____________________. [Absent exceptional circumstances, a date not more than 45 days from the date in paragraph 6(e) (i.e., the completion of all fact discovery).]

Civil cases

Page 2 | Discovery

Any confidentiality agreement between the parties is to be filed within 30 days from the date of this Order.

Any confidentiality agreement between the parties is to be filed within 30 days from the date of this Order.

Civil cases

Page 2 | Privilege Logs and Protective Orders

Any agreement between the parties concerning ESI must be filed within 30 days from the date of the Case Management Plan and Scheduling Order.

Any agreement reached between the parties concerning ESI is to be filed within 30 days from the date of this Order.

Civil cases

Page 2 | Discovery

All fact discovery must be completed no later than 120 days following the initial pretrial conference, unless the Court finds unique complexities or other exceptional circumstances.

All fact discovery shall be completed no later than __________________. [A date not more than 120 days following the initial pretrial conference, unless the Court finds that the case presents unique complexities or other exceptional circumstances.]

Civil cases

Page 2 | Discovery

The parties are also to discuss protocols for asserting claims of privilege or of protection as trial-preparation material after such information is produced, pursuant to Federal Rule of Evidence 502. Any agreement reached between the parties concerning such protocols is to be filed within 30 days from the date of this Order.

The parties are also to discuss protocols for asserting claims of privilege or of protection as trial-preparation material after such information is produced, pursuant to Federal Rule of Evidence 502. Any agreement reached between the parties concerning such protocols is to be filed within 30 days from the date of this Order.

Civil cases

Page 2 | Privilege Logs and Protective Orders

A responsive letter to a discovery dispute conference request must be submitted within three business days after the request is received.

If the opposing party wishes to respond to the letter, it must submit a responsive letter, not to exceed three pages, within three business days after the request is received.

Civil cases

Page 5 | Discovery Disputes (Local Civil Rule 37.2)

In jury cases, joint requests to charge, joint proposed verdict forms, and joint proposed voir dire questions must be filed simultaneously with the Joint Pretrial Order on the date set by the Court.

If this action is to be tried before a jury, joint requests to charge, joint proposed verdict forms, and joint proposed voir dire questions shall be filed simultaneously with the Joint Pretrial Order on the date set by the Court

Civil cases

Page 6 | Case Management Plan and Scheduling Order

Daubert motions to exclude expert testimony must be filed at the same time as any dispositive motions in which such testimony is implicated, or on another schedule set by the Court.

Similarly, any motion to exclude the testimony of experts pursuant to Rules 702-705 of the Federal Rules of Evidence and the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), line of cases, is to be filed at the same time as any dispositive motions in which such testimony is implicated, or on any other schedule established by the Court.

Civil cases

Page 6 | Motions and Applications

Opposition to a Daubert motion is due two weeks after the motion is served on the opposing party, unless otherwise ordered by the Court.

Unless otherwise ordered by the Court, opposition to any such motion is to be filed two weeks after the motion is served on the opposing party

Civil cases

Page 6 | Motions and Applications

A reply to a Daubert motion, if any, is due one week after service of the opposition.

a reply, if any, is to be filed one week after service of any opposition.

Civil cases

Page 6 | Motions and Applications

Submissions required by Rule 7 of the Court's Individual Rules, including any motions in limine, must be made at or before the time of the Joint Pretrial Order.

The parties shall also follow Rule 7 of the Court's Individual Rules, which rule identifies submissions that must be made at or before the time of the Joint Pretrial Order, including any motions in limine.

Civil cases

Page 6 | Case Management Plan and Scheduling Order

The pre-motion submission for a summary judgment motion must be filed within 30 days of the close of fact or expert discovery, whichever comes later.

The submission shall be filed within 30 days of the close of fact or expert discovery, whichever comes later.

Civil cases

Page 6 | Motions and Applications

In bench trials, proposed findings of fact and conclusions of law must be filed on or before the Joint Pretrial Order due date.

If this action is to be tried to the Court, proposed findings of fact and conclusions of law shall be filed on or before the Joint Pretrial Order due date in accordance with the Court’s Individual Rules.

Civil cases

Page 7 | Civil Case Management Plan and Scheduling Order

Jury instructions may not be submitted after the Joint Pretrial Order due date unless they meet the standard of Fed. R. Civ. P. 51(a)(2)(A).

Jury instructions may not be submitted after the Joint Pretrial Order due date, unless they meet the standard of Fed. R. Civ. P. 51(a)(2)(A).

Civil cases

Page 7 | Civil Case Management Plan and Scheduling Order

The case management plan sets a court-specified deadline for filing a motion, with opposition and reply deadlines also to be specified (dates left blank in this form).

shall file a motion for no later than . Any opposition shall be filed by and any reply shall be filed by .

Civil cases

Page 8 | Civil Case Management Plan and Scheduling Order

The joint status letter regarding the status of the case must be filed by Thursday of the week prior to the pretrial conference.

By Thursday of the week prior to that conference, the parties shall file on ECF, and provide a courtesy copy, clearly marked as such, via e-mail (Failla_NYSDChambers@nysd.uscourts.gov) a joint letter, not to exceed three pages, regarding the status of the case.

Civil cases

Page 8 | Civil Case Management Plan and Scheduling Order

If all parties consent to proceeding before a magistrate judge, they must submit the fully executed consent form within three days after submitting the proposed plan and scheduling order.

If all parties consent, the remaining paragraphs need not be completed. Instead, the parties shall submit to the Court a fully executed SDNY Form Consenting to Proceed for All Purposes Before a Magistrate Judge, available at the Court’s website, https://nysd.uscourts.gov/hon-katherine-polk-failla, within three (3) days of submitting this Proposed Civil Case Management Plan and Scheduling Order.

Civil cases

Page 1 | Civil Case Management Plan and Scheduling Order

Any confidentiality agreement between the parties must be filed within 30 days of the order.

Any confidentiality agreement between the parties is to be filed within 30 days from the date of this Order.

Civil cases

Page 2 | Discovery

Any agreement between the parties concerning protocols for privilege or trial-preparation material must be filed within 30 days of the order.

Any agreement reached between the parties concerning such protocols is to be filed within 30 days from the date of this Order.

Civil cases

Page 2 | Discovery

Any agreement between the parties concerning ESI must be filed within 30 days of the order.

Any agreement reached between the parties concerning ESI is to be filed within 30 days from the date of this Order.

Civil cases

Page 2 | Discovery

Contention interrogatories must be served at least 30 days before discovery closes unless the Court orders otherwise.

Unless otherwise ordered by the Court, contention interrogatories pursuant to Rule 33.3(c) of the Local Civil Rules of the Southern District of New York must be served no later than 30 days before the close of discovery.

Civil cases

Page 3 | Interim Discovery Deadlines

The Joint Pretrial Order deadline will be set by the Court at a conference following the close of discovery or the resolution of dispositive motions, unless otherwise ordered.

Unless otherwise ordered by the Court, the deadline for submission of the Joint Pretrial Order will be set by the Court at a conference following the close of discovery or the resolution of dispositive motions.

Civil cases

Page 6 | Case Management Plan and Scheduling Order

Contention interrogatories under Local Civil Rule 33.3(c) must be served no later than 30 days before the close of discovery, and no other interrogatories may be served without the Court's prior express permission.

Unless otherwise ordered by the Court, contention interrogatories pursuant to Rule 33.3(c) of the Local Civil Rules of the Southern District of New York must be served no later than 30 days before the close of discovery. No other interrogatories are permitted except upon prior express permission of the Court.

Civil cases

Page 3 | Discovery

If applicable, plaintiffs must provide HIPAA-compliant medical records release authorizations to defendants by the deadline set in the Case Management Plan (date left blank in the form).

[If applicable] The plaintiff(s) shall provide HIPAA-compliant medical records release authorizations to the defendant(s) no later than ________________________________.

Civil cases

Page 2

Otherwise, telephone calls to Chambers are permitted only for urgent matters. matters requiring immediate attention, communications with Chambers shall be by letter filed on ECF. Letters seeking relief, including requests for extensions, adjournments, or bail modification, should be filed on ECF as letter motions as outlined in Rule 2(D) below, with a courtesy copy, clearly marked as such, delivered to the Court via e-mail (Failla_NYSDChambers@nysd.uscourts.gov). The courtesy copy of any letter filed on ECF must be an electronic copy of the filed version of the letter and must include the automatically generated ECF header (that is, the text — e.g., “Case 1:24-cr-00123-

Otherwise, telephone calls to Chambers are permitted only for urgent matters. matters requiring immediate attention, communications with Chambers shall be by letter filed on ECF. Letters seeking relief, including requests for extensions, adjournments, or bail modification, should be filed on ECF as letter motions as outlined in Rule 2(D) below, with a courtesy copy, clearly marked as such, delivered to the Court via e-mail (Failla_NYSDChambers@nysd.uscourts.gov). The courtesy copy of any letter filed on ECF must be an electronic copy of the filed version of the letter and must include the automatically generated ECF header (that is, the text — e.g., “Case 1:24-cr-00123-

Criminal cases

Page 2 | Communications with Chambers

The Government shall email a courtesy copy of the signed plea agreement, cooperation agreement, Pimentel letter, and/or superseding charging instrument to Chambers (Failla_NYSDChambers@nysd.uscourts.gov) as soon as practicable, and no later than three business days before the scheduled plea.

The Government shall email a courtesy copy of the signed plea agreement, cooperation agreement, Pimentel letter, and/or superseding charging instrument to Chambers (Failla_NYSDChambers@nysd.uscourts.gov) as soon as practicable, and no later than three business days before the scheduled plea.

Criminal cases

A courtesy copy of the joint status letter, clearly marked as such, must be emailed to chambers by Thursday of the week prior to the pretrial conference.

provide a courtesy copy, clearly marked as such, via e-mail (Failla_NYSDChambers@nysd.uscourts.gov)

Civil cases

Page 8 | Civil Case Management Plan and Scheduling Order

The movant must mail or hand deliver one courtesy copy of all motion papers, marked as such, at the time the reply is served, and all courtesy copies must be three-hole punched, tabbed, and placed in binders.

One courtesy copy of all motion papers, marked as such, shall be mailed or hand delivered to the Court by the movant at the time the reply is served. All courtesy copies should be three-hole punched, tabbed, and placed in binders as specified in the Court’s Individual Rules.

Civil cases

Page 8 | Civil Case Management Plan and Scheduling Order

Letters should be filed electronically on ECF, with a courtesy copy, clearly marked as such, delivered to the Court via e-mail (Failla_NYSDChambers@ nysd.uscourts.gov).

Letters should be filed electronically on ECF, with a courtesy copy, clearly marked as such, delivered to the Court via e-mail (Failla_NYSDChambers@ nysd.uscourts.gov).

Page 2 | 2(B). Letters

Courtesy copy must be electronic version with ECF header.

The courtesy copy of any letter filed on ECF must be an electronic copy of the filed version of the letter and must include the automatically generated ECF header (that is, the text — e.g., “Case 1:19-cv-

Page 2 | 2(B). Letters

One courtesy copy of all motion papers, marked as such, shall be mailed or hand-delivered to the Court by the movant at the time the reply is served. All courtesy copies should be double-sided, three-hole-punched, tabbed, and placed in binders.

One courtesy copy of all motion papers, marked as such, shall be mailed or hand-delivered to the Court by the movant at the time the reply is served. All courtesy copies should be double-sided, three-hole-punched, tabbed, and placed in binders.

Page 9 | D. Courtesy Copies

Requests to charge and proposed voir dire questions require courtesy copies to Chambers in both PDF and Word formats.

In jury cases, requests to charge and proposed voir dire questions, with courtesy copies e-mailed to Chambers as both .pdf and Microsoft Word documents; or

Page 14 | B. Required Pretrial Filings

Two courtesy copies of all documents identified in Rules 7(A), (B)(i-ii), (C), and (D) above should be mailed to Chambers or hand-delivered on the date on which they are to be served or filed. Only one set of documentary exhibits is required.

Two courtesy copies of all documents identified in Rules 7(A), (B)(i-ii), (C), and (D) above should be mailed to Chambers or hand-delivered on the date on which they are to be served or filed. Only one set of documentary exhibits is required.

Page 15 | E. Courtesy Copies

Courtesy copies of pre-motion letters must be emailed to Chambers.

A courtesy copy of the letter motion and opposition must also be provided to Chambers via e-mail in accordance to Rule 2(B) above.

At the same time of filing on ECF, the party should e-mail to Chambers (Failla_NYSDChambers@nysd.uscourts.gov) (i) a clean (i.e., unredacted) copy of the document; (ii) a copy of the document highlighting the information that has been redacted in the ECF filing; and (iii) an unredacted copy of the letter motion described in Rule 9(B)(i), should the party also be seeking leave to file that letter motion with redactions.

At the same time of filing on ECF, the party should e-mail to Chambers (Failla_NYSDChambers@nysd.uscourts.gov) (i) a clean (i.e., unredacted) copy of the document; (ii) a copy of the document highlighting the information that has been redacted in the ECF filing; and (iii) an unredacted copy of the letter motion described in Rule 9(B)(i), should the party also be seeking leave to file that letter motion with redactions.

Courtesy copy of Order to Show Cause and supporting papers must be emailed to Chambers after electronic filing.

Once electronically filed, a courtesy copy of the Proposed Order to Show Cause and the supporting papers must also be provided to Chambers via e-mail.

Courtesy copy of joint case management plan must be emailed to Chambers in PDF format.

A courtesy copy of the joint letter and Proposed Civil Case Management Plan and Scheduling Order must also be provided to Chambers via e-mail in PDF format.

Removing counsel must provide courtesy copies of state court pleadings to the Court.

Counsel for the removing party or parties must, in addition to providing a copy of all process, pleadings, and papers served upon the defendants pursuant to 28 U.S.C. § 1446(a), provide the Court with a courtesy copy of any pleading filed or served while the case remained in state court.

One courtesy copy of all motion papers, marked as such, shall be mailed or hand delivered to the Court by the movant at the time the reply is served.

One courtesy copy of all motion papers, marked as such, shall be mailed or hand delivered to the Court by the movant at the time the reply is served.

Civil cases

Page 8 | To Be Filled In by the Court If Applicable

The parties must email Chambers one clearly marked courtesy copy of the joint status letter by Thursday of the week before the conference.

By Thursday of the week prior to that conference, the parties shall file on ECF, and provide a courtesy copy, clearly marked as such, via e-mail (Failla_NYSDChambers@nysd.uscourts.gov) a joint letter, not to exceed three pages, regarding the status of the case.

Civil cases

Page 8 | To Be Filled In by the Court If Applicable

Only pages containing redacted material are filed under seal.

If any material is redacted from a publicly filed document, only those pages containing the redacted material will be filed under seal.

Criminal cases

Any agreement for designating materials as confidential must conform to the Court's Individual Rules regarding the filing of materials under seal.

Any agreement between the parties for designating materials as confidential must conform to the Court’s Individual Rules regarding the filing of materials under seal.

Civil cases

Page 2 | Privilege Logs and Protective Orders

A Rule 26(c) protective order may bind parties to treat documents as confidential but cannot authorize filing documents under seal absent a court finding made on document-by-document review under the Court's Individual Rules, subject to the presumption of public access.

Any such order may bind the parties to treat as confidential documents so classified but may not authorize the parties to file documents under seal absent an appropriate court finding. That finding will be made, if ever, upon a document-by-document review pursuant to the procedures set forth in the Court's Individual Rules and Practices and subject to the presumption in favor of public access to "judicial documents."

Civil cases

Page 4 | Privilege Logs and Protective Orders

Certain sensitive information must be redacted 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.

Page 15 | 9. Electronic Filing Under Seal in Civil and Miscellaneous Cases

All redactions not in permitted categories require court approval.

Except for redactions permitted by the previous paragraph, all redactions or sealing of public court filings require Court approval.

Page 15 | 9. Electronic Filing Under Seal in Civil and Miscellaneous Cases

Two categories of information can be redacted without court approval: sensitive and caution categories.

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.”

Page 15 | 9. Electronic Filing Under Seal in Civil and Miscellaneous Cases

Request leave to file sealed documents on paper if unable to use 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.

Sealed documents must be filed under seal on ECF and related to motion

The proposed sealed document must be contemporaneously filed under seal on ECF and electronically related to the motion. The summary docket text, but not the sealed document, will be open to public inspection and should not include confidential information sought to be filed under seal.

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 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.

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 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.

Publicly file redacted document and under seal file unredacted version 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 proposed redactions highlighted. Both documents must be electronically filed on ECF and related to the motion.

Any party seeking to file a document with partial redactions should file on ECF a letter motion seeking leave to file the document with those redactions. The letter motion must be filed in public view, must explain the purpose of the redactions and why the redactions are consistent with the standards discussed in Rule 9(B) above, and should not include the confidential information sought to be redacted.

Any party seeking to file a document with partial redactions should file on ECF a letter motion seeking leave to file the document with those redactions. The letter motion must be filed in public view, must explain the purpose of the redactions and why the redactions are consistent with the standards discussed in Rule 9(B) above, and should not include the confidential information sought to be redacted.

Sealed entire documents require public letter motion with explanation

Any party seeking leave to file under seal an entire submission (with or without exhibits) should file on ECF a letter motion seeking leave to file the document under seal. 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.

A protective order may require confidential treatment but cannot authorize filing under seal without an appropriate Court finding, which is determined, if at all, by document-by-document review under the Court’s rules and the presumption of public access.

Any such order may bind the parties to treat as confidential documents so classified but may not authorize the parties to file documents under seal absent an appropriate court finding. That finding will be made, if ever, upon a document-by-document review pursuant to the procedures set forth in the Court’s Individual Rules and Practices and subject to the presumption in favor of public access to “judicial documents.”

Civil cases

Page 4 | Privileged Materials and Trial-Preparation Materials

Parties may redact the five categories of “sensitive information”, as described in the Privacy Policy, and the six categories of information requiring caution (i.e., personal identifying number, medical records, treatment and diagnosis, employment history, individual financial information, proprietary or trade secret information, and information regarding an

Parties may redact the five categories of “sensitive information”, as described in the Privacy Policy, and the six categories of information requiring caution (i.e., personal identifying number, medical records, treatment and diagnosis, employment history, individual financial information, proprietary or trade secret information, and information regarding an

Criminal cases

Before raising a discovery dispute with the Court, a party must follow Local Civil Rule 37.2 (as modified by the Case Management Plan) and first confer in good faith.

In the case of discovery disputes, 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 confer in good faith with the

Civil cases

Page 4 | Discovery Disputes (Local Civil Rule 37.2)

Before filing a summary judgment motion, the moving party must file a pre-motion submission pursuant to Section 4(A) of the Court's Individual Rules.

Absent good cause, the Court will not ordinarily have summary judgment practice in a non-jury case. Before filing a summary judgment motion, the moving party must file a pre-motion submission pursuant to Section 4(A) of the Court's Individual Rules.

Civil cases

Page 6 | Motions and Applications

Letter motions may be filed via ECF if they comply with the Local Rules and the SDNY Electronic Case Filing Rules & Instructions. All requests for adjournments, extensions, and pre-motion conferences should be filed as letter motions. Pre- motion submissions are discussed in further detail in Rule 4(A) below. If the letter motion is not on consent, any opposing party should submit a letter setting forth its position, within three business days after the initial letter motion is received. A courtesy copy of each letter motion must also be provided to Chambers via e-mail as outlined in Rule 2(B) above.

Letter motions may be filed via ECF if they comply with the Local Rules and the SDNY Electronic Case Filing Rules & Instructions. All requests for adjournments, extensions, and pre-motion conferences should be filed as letter motions. Pre- motion submissions are discussed in further detail in Rule 4(A) below. If the letter motion is not on consent, any opposing party should submit a letter setting forth its position, within three business days after the initial letter motion is received. A courtesy copy of each letter motion must also be provided to Chambers via e-mail as outlined in Rule 2(B) above.

Page 4 | C. Letter Motions

Must confer with adversary before filing TRO unless Rule 65(b) requirements are met.

A party must confer with his or her adversary before making an application for a temporary restraining order unless the requirements of Fed. R. Civ. P. 65(b) are met.

Page 11 | Applications for a Temporary Restraining Order

Opposing party may respond to discovery letter motion within 3 business days (max 3 pages).

If the opposing party wishes to respond to the letter, it must submit a responsive letter, not to exceed three pages, within three business days after the request is received.

Discovery disputes require meet-and-confer process before filing 3-page letter motion on ECF.

Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, the party seeking discovery shall promptly file on ECF a letter motion, no longer than three pages, explaining the nature of the dispute and requesting an informal conference.

Pre-motion letter (max 3 pages) required for certain motions, describing grounds and consent status.

To request a pre-motion conference for motions to dismiss, motions for summary judgment, motions for judgment on the pleadings, and motions for sanctions, the putative moving party shall file a letter motion, not to exceed three pages, describing the grounds for the proposed motion, and whether the motion is on consent of all parties.

If the motion is not on consent, any opposing party should file a letter setting forth its position, not to exceed three pages, within three business days after the request is received.

If the motion is not on consent, any opposing party should file a letter setting forth its position, not to exceed three pages, within three business days after the request is received.

The parties must meet and confer on an expert-discovery schedule no later than 30 days before fact discovery closes; the party bearing the burden of proof must serve expert reports first, and expert discovery must finish by the date in paragraph 6(f).

No later than 30 days prior to the date in paragraph 6(e) (i.e., the completion of all fact discovery), the parties shall meet and confer on a schedule for expert disclosures, including reports, production of underlying documents, and depositions, provided that (i) expert report(s) of the party with the burden of proof shall be due before those of the opposing party’s expert(s); and (ii) all expert discovery shall be completed by the date set forth in paragraph 6(f).

Civil cases

Page 3 | Interim Discovery Deadlines

A party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party in person or by telephone.

Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the

Civil cases

Page 4 | Discovery disputes

An opposing party that wishes to respond must submit a responsive letter of no more than three pages within three business days after receiving the request.

If the opposing party wishes to respond to the letter, it must submit a responsive letter, not to exceed three pages, within three business days after the request is received.

Civil cases

Page 5 | Discovery

After an unsuccessful meet-and-confer, a party may request an informal conference by submitting a letter of no more than three pages that explains the dispute and represents that the meet-and-confer was unsuccessful.

If this meet-and-confer process does not resolve the dispute, the party may submit a letter to the Court, no longer than three pages, explaining the nature of the dispute and requesting an informal conference. Such a letter must include a representation that the meet- and-confer process occurred and was unsuccessful.

Civil cases

Page 5 | Discovery

Daubert motions must be filed within 30 days after the later close of fact or expert discovery; absent a contrary court order, opposition is due two weeks after service of the motion and any reply is due one week after service of the opposition.

any motion to exclude the testimony of experts pursuant to Rules 702-705 of the Federal Rules of Evidence and the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), line of cases, is to be filed within 30 days of the close of fact or expert discovery, whichever is later. Unless otherwise ordered by the Court, opposition to any such motion is to be filed two weeks after the motion is served on the opposing party, and a reply, if any, is to be filed one week after service of any opposition.

Civil cases

Page 6 | Civil Case Management Plan and Scheduling Order

Before filing a summary judgment motion, the moving party must file the pre-motion submission required by Section 4(A) within 30 days after the later close of fact or expert discovery.

Before filing a summary judgment motion, the moving party must file a pre-motion submission pursuant to Section 4(A) of the Court’s Individual Rules. The submission shall be filed within 30 days of the close of fact or expert discovery, whichever comes later.

Civil cases

Page 6 | Civil Case Management Plan and Scheduling Order

Pre-motion letters don't stay deadlines except for motions to dismiss staying defendant's answer time.

The submission of a pre-motion letter does not stay any future deadlines, except that submission of a pre-motion letter concerning a motion to dismiss will stay a defendant’s time to answer or otherwise move with respect to the Complaint.

Pre-motion submissions are not required from pro se parties. If the pro se party’s adversary files a pre-motion submission, the pro se party may, but is not required to, file a response to the pre-motion submission. Any such response shall be due three business days after the pre-motion submission is received by the pro se party.

Pre-motion submissions are not required from pro se parties. If the pro se party’s adversary files a pre-motion submission, the pro se party may, but is not required to, file a response to the pre-motion submission. Any such response shall be due three business days after the pre-motion submission is received by the pro se party.

Non-party depositions must follow initial party depositions unless the parties agree or the Court orders otherwise.

Absent an agreement between the parties or an order from the Court, non-party depositions shall follow initial party depositions.

Civil cases

Page 3 | Interim Discovery Deadlines

Depositions may not be held until all parties have responded to initial document-production requests unless the parties agree or the Court orders otherwise.

Absent an agreement between the parties or an order from the Court, depositions are not to be held until all parties have responded to initial requests for document production.

Civil cases

Page 3 | Interim Discovery Deadlines

Adjournment/extension requests must be letter motions with specific required elements.

All requests for adjournments or extensions of time must be made by letter motion as described in Rule 2(C) above, and should state: (i) the original due date; (ii) the number of previous requests for adjournment or extension of time; (iii) whether these previous requests were granted or denied; (iv) the reason for the current request; and (v) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent.

Criminal cases

Page 3 | D. Requests for Adjournments or Extensions of Time

Bail modification requests for specific events must be made at least 2 business days in advance.

If the requested modification pertains to a specific event or date, the request shall be made at least two business days prior to the relevant event or date.

Criminal cases

Page 4 | 4. Bail Modification

Sentencing adjournment requests must be made no later than 72 hours before proceeding.

Any request for an adjournment of a sentencing should be made as early as possible, and no later than 72 hours before the sentencing proceeding, in accordance with Rule 2(D) above.

Criminal cases

Scheduling order dates may be modified only by further Order of the Court for good cause shown (sentence continues from the prior page).

further Order of this Court for good cause shown.

Civil cases

Page 9 | Civil Case Management Plan and Scheduling Order

Applications to modify or extend scheduling order dates must be written applications under the Court's Individual Rules filed at least two business days before the date sought to be extended, except as provided in paragraph 7(f).

Any application to modify or extend the dates herein (except as provided in paragraph 7(f)) shall be made in a written application in accordance with the Court’s Individual Rules and must be made no fewer than two business days prior to the expiration of the date sought to be extended.

Civil cases

Page 9 | Civil Case Management Plan and Scheduling Order

Letter motions for adjournments or extensions of time should state: (i) the original due date; (ii) the number of previous requests for adjournment or extension of time; (iii) whether these previous requests were granted or denied; (iv) the reason for the current request; and (v) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent.

Letter motions for adjournments or extensions of time should state: (i) the original due date; (ii) the number of previous requests for adjournment or extension of time; (iii) whether these previous requests were granted or denied; (iv) the reason for the current request; and (v) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent.

Page 4 | i. Requests for Adjournments or Extensions of Time

If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order must be attached. If the request is for an adjournment of a court appearance, absent an emergency, the request shall be made at least 48 hours prior to the scheduled appearance.

If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order must be attached. If the request is for an adjournment of a court appearance, absent an emergency, the request shall be made at least 48 hours prior to the scheduled appearance.

The Order or its dates may be modified or extended only by further court order upon a showing of good cause.

This Order may not be modified or the dates herein extended, except by further Order of this Court for good cause shown.

Civil cases

Page 9 | Civil Case Management Plan and Scheduling Order

Except as provided in paragraph 7(f), an application to modify or extend a date must be written, comply with the Court’s Individual Rules, and be made at least two business days before the date expires.

Any application to modify or extend the dates herein (except as provided in paragraph 7(f)) shall be made in a written application in accordance with the Court’s Individual Rules and must be made no fewer than two business days prior to the expiration of the date sought to be extended.

Civil cases

Page 9 | Civil Case Management Plan and Scheduling Order

Discovery deadlines in paragraphs 7(a)-(e) may be extended by written consent of all parties without applying to the Court, provided all fact discovery is completed by the paragraph 6(e) date.

Any of the deadlines in paragraphs 7(a) through 7(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 6(e).

Civil cases

Page 3 | Discovery

Parties should not expect an extension of an existing deadline merely because settlement negotiations fail.

Parties should not assume that they will receive an extension of an existing deadline if settlement negotiations fail.

Civil cases

Page 9 | Civil Case Management Plan and Scheduling Order

Bankruptcy appeal deadlines can be extended by stipulation filed 2 business days before due date.

Counsel may extend the default deadlines by stipulation submitted to the Court no later than two business days before the brief is due.

Page 12 | Bankruptcy Appeals

Pro se parties submit extension requests to Pro Se Intake Office with specified information; proposed Revised Scheduling Order optional.

Requests for extensions by pro se parties should be submitted to the Pro Se Intake Office, and shall include the information specified in Rule 2(C)(i), except that a pro se party may, but is not required to, submit a proposed Revised Scheduling Order.

The deadlines in paragraphs 7(a) through 7(e) may be extended by written consent of all parties without a Court application, as long as fact discovery is completed by the date in paragraph 6(e).

Any of the deadlines in paragraphs 7(a) through 7(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 6(e).

Civil cases

Page 3 | Interim Discovery Deadlines

Extension/adjournment requests must be made at least 48 hours in advance (72 hours for sentencing adjournments).

Absent an emergency, any request for extension or adjournment shall be made as early as possible, and no later than 48 hours prior to the adjournment of sentencing shall be made no later than 72 hours prior to the scheduled proceeding.

Criminal cases

Page 4 | D. Requests for Adjournments or Extensions of Time

Government must email charging instruments to Chambers at least 48 hours before conference.

In addition, the Government shall also email all charging instruments to Chambers at least 48 hours prior to the conference.

Criminal cases

Page 1 | Communications with Chambers

AUSA must email Chambers immediately after case assignment with specific defendant and scheduling information.

Upon assignment of a criminal case to Judge Failla, the Assistant United States Attorney shall immediately email Chambers (Failla_NYSDChambers@nysd.uscourts.gov) to arrange for a conference/arraignment. In the email, the Assistant United States Attorney shall include (1) the name of the defendant(s); (2) defense counsel’s name and contact information; (3) whether the defendant(s) is/are detained (and, if so, the relevant USM or other registration number(s)) or bailed; (4) whether any defendant requires an interpreter (and, if so, the relevant language); (5) times that the Government and defense counsel are available for the arraignment and initial conference; and (6) any other pertinent information.

Criminal cases

Page 1 | Communications with Chambers

No substantive content in email body for sealed letters - only in attached letter.

Parties shall not include substantive communications in the body of the e-mail; such communications shall be included only in the letter itself.

Criminal cases

Page 3 | i. Sealed Letters

Any letter to be filed under seal or containing sensitive or confidential information may be e-mailed as a .pdf attachment to Chambers (Failla_NYSDChambers@nysd. uscourts.gov) with a copy simultaneously delivered to all counsel (unless the submission is being made ex parte).

Any letter to be filed under seal or containing sensitive or confidential information may be e-mailed as a .pdf attachment to Chambers (Failla_NYSDChambers@nysd. uscourts.gov) with a copy simultaneously delivered to all counsel (unless the submission is being made ex parte).

Criminal cases

Page 3 | i. Sealed Letters

Sealed letter emails must include case caption and brief description in subject line.

Any such e-mail shall state clearly in the subject line: (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.

Criminal cases

Page 3 | i. Sealed Letters

Faxes to Chambers are prohibited.

Faxes to Chambers are not permitted.

Criminal cases

Page 4 | E. Faxes

Where requested by the Court, hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance of the Daniel Patrick Moynihan United States District Courthouse at 500 Pearl Street, New York, NY 10007, and may not be brought directly to Chambers.

Where requested by the Court, hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance of the Daniel Patrick Moynihan United States District Courthouse at 500 Pearl Street, New York, NY 10007, and may not be brought directly to Chambers.

Criminal cases

Page 4 | F. Hand Deliveries

Defense counsel substitution requests require scheduling conference with Courtroom Deputy.

When there is a request for substitution of defense counsel, counsel of record must contact the Courtroom Deputy to schedule a conference as soon as possible.

Criminal cases

Page 4 | B. Substitution of Counsel

Submit electronic device form 72 hours before trial/hearing if required by standing order.

Attorneys’ use of electronic devices (including mobile telephones, personal electronic devices, computers, and printers) within the Courthouse and its environs is governed by the Court’s Standing Order M10-468, available at https://nysd.uscourts.gov/sites/default/files/ pdf/standing-order-electronic-devices.pdf. If required by the Standing Order, counsel, including the Government, seeking to bring a device into the Courthouse shall submit a copy of the Electronic Devices General Purpose Form, available at https://nysd.uscourts.gov/forms/fillable- form-electronic-devices-general-purpose, to the Court by e-mail at least 72 hours prior to the relevant trial or hearing. Untimely requests may be denied on that basis alone.

Criminal cases

Page 8 | 10. Policy on the Use of Electronic Devices

Mobile phones must be turned off in courtroom; non-compliance may result in forfeiture.

If permitted by the Standing Order, mobile telephones are permitted inside the Courtroom, but they must be kept turned off at all times. Non-compliance with this rule may result in forfeiture of the device for the remainder of the proceedings.

Criminal cases

Page 8 | 10. Policy on the Use of Electronic Devices

The Government shall strive to submit production requests to the Marshals at least 72 hours before a scheduled conference. In cases where a conference is scheduled for a date and time that is less than 72 hours in advance, the Government must promptly submit the production request once the conference is set.

The Government shall strive to submit production requests to the Marshals at least 72 hours before a scheduled conference. In cases where a conference is scheduled for a date and time that is less than 72 hours in advance, the Government must promptly submit the production request once the conference is set.

Criminal cases

Page 8 | 11. In-custody Prisoner Production Requests

No substantive content in email body; must be in letter body only.

Parties shall not include substantive communications in the body of the e-mail; such communications shall be included only in the body of the letter.

Page 2 | 2(B). Letters

Pro se parties must communicate with Pro Se Intake Office, not Chambers

All communications with the Court by a pro se party must be sent to the Pro Se Intake Office, or filed directly on ECF if granted such permission, as discussed in Rule (2)(B)(2) below. You may contact the Pro Se Intake Office at (212) 805-0175 during normal business hours, 8:30am - 5:00pm, Monday – Friday. No documents or filings should be sent directly to Chambers.

Page 3 | i. By a Pro Se Party

Must call Chambers immediately after filing TRO application and report adversary notification/consent status.

As soon as a party files an application to seek a temporary restraining order, he or she must call Chambers at (212) 805-0290 and state clearly whether (i) he or she has notified the adversary, and whether the adversary consents to temporary injunctive relief; or (ii) the requirements of Fed. R. Civ. P. 65(b) are satisfied and no notice is necessary.

Page 11 | Applications for a Temporary Restraining Order

If adversary notified but doesn't consent to TRO, must call Chambers with all parties present for Court to hear both sides.

If a party’s adversary has been notified but does not consent to temporary injunctive relief, the party seeking a restraining order must call Chambers with all parties present at a time mutually agreeable to the party and its adversary, so that the Court may have the benefit of advocacy from both sides in deciding whether to grant temporary injunctive relief.

Page 12 | Applications for a Temporary Restraining Order

Emergency relief requests require immediate telephone notification to Chambers after ECF filing.

Parties seeking emergency relief, including preliminary injunctions and temporary restraining orders, shall also notify Chambers by telephone immediately after filing their request for such relief on ECF.

Call Courtroom Deputy for scheduling; phone calls to Chambers only for urgent matters.

For docketing, scheduling, and calendar matters, call Talena Noriega, Courtroom Deputy, at (212) 805-0290. Otherwise, telephone calls to Chambers are permitted only for urgent matters.

Criminal cases

Page 2 | Communications with Chambers

If the hand-delivered letter is urgent and requires the Court's immediate attention, however, ask the Court Security Officers to notify Chambers that an urgent package has arrived that needs to be retrieved by Chambers staff immediately.

If the hand-delivered letter is urgent and requires the Court's immediate attention, however, ask the Court Security Officers to notify Chambers that an urgent package has arrived that needs to be retrieved by Chambers staff immediately.

Criminal cases

Page 4 | F. Hand Deliveries

Email subject line must include case caption, docket number, and brief description.

E-mails shall state clearly in the subject line: (i) the caption of the case, including the lead party names and docket number; and (ii) a brief description of the contents of the letter.

Page 2 | 2(B). Letters

Submit Electronic Devices Form by email 72 hours before trial/hearing

If required by the Standing Order, counsel seeking to bring a device into the Courthouse shall submit a copy of the Electronic Devices General Purpose Form, available at https://nysd.uscourts.gov/forms/fillable-form-electronic-devices- general-purpose, to the Court by e-mail at least 72 hours prior to the relevant trial or hearing. Untimely requests may be denied on that basis alone.

If defense counsel believes an ex parte conference is necessary, it should so indicate in its communications with the Deputy.

If defense counsel believes an ex parte conference is necessary, it should so indicate in its communications with the Deputy.

Criminal cases

Page 4 | B. Substitution of Counsel

Parties must dial in to the pretrial conference by telephone at (855) 244-8681 with access code 2315 780 7370#, and the conference line is not available before the conference start time.

At the scheduled time, the parties are to dial in to the ☐ conference by calling (855) 244-8681 and entering access code 2315 780 7370#. Note that the conference line will not be available before the start of the conference time.

Civil cases

Page 8 | Civil Case Management Plan and Scheduling Order

Chambers email address for delivery of the joint status letter courtesy copy is Failla_NYSDChambers@nysd.uscourts.gov.

provide a courtesy copy, clearly marked as such, via e-mail (Failla_NYSDChambers@nysd.uscourts.gov)

Civil cases

Page 8 | Civil Case Management Plan and Scheduling Order

Pro se parties can consent to electronic service but cannot file electronically

Pro se parties who want to receive service of notices and documents by e-mail instead of regular mail, should submit a completed Consent to Electronic Service form, to the Pro Se Intake Office, which is available on the court’s website at: https://nysd.uscourts.gov/forms/consent- electronic-service-pro-se-cases. If a pro se party consents to receive documents electronically, they will no longer receive documents in the mail, and instead, will receive a Notice of Electronic Filing (“NEF”) by e-mail each time a document is filed in their case. Electronic service does not allow a pro se party to electronically file their documents.

Page 3 | 1. Consent to receive documents by e-mail

Electronic device use governed by Standing Order M10-468

Attorneys’ use of electronic devices (including mobile telephones, personal electronic devices, computers, and printers) within the Courthouse and its environs is governed by the Court’s Standing Order M10-468, available at https://nysd.uscourts.gov/sites/default/files/pdf/standing-order-electronic-devices.pdf.

Materials filed via ECF are generally reviewed within one business day of filing. If a given submission requires immediate attention, please notify Chambers by telephone after it is filed on ECF.

Materials filed via ECF are generally reviewed within one business day of filing. If a given submission requires immediate attention, please notify Chambers by telephone after it is filed on ECF.

Mobile phones permitted in courtroom but must be turned off

If permitted by the Standing Order, mobile telephones are permitted inside the Courtroom, but they must be kept turned off at all

Court encourages junior attorney participation in proceedings where they contributed substantially.

The Court encourages the participation of less experienced attorneys in all proceedings — including pretrial conferences, hearings on discovery disputes, oral arguments, and examinations of witnesses at trial — particularly where that attorney played a substantial role in drafting the underlying filing or in preparing the relevant witness.