Courtesy copies are required for memorandum of laws. Details: 1 copy, delivery upon filing, by mail. One courtesy copy of each memorandum of law must be sent to Chambers by mail at filing.
Judge Laura Taylor Swain's rules set a pre-motion procedure for covered motions. Pre-motion conferences required for motions before Judge Gorenstein except for pro hac vice, reconsideration, certain appeal motions, recusal, and show cause applications.
Judge Laura Taylor Swain's rules include page or word limits for covered filings. No page/word limits on memoranda of law, but >10 pages requires table of contents.
The rule requires memorandum of law. Memorandum of law required with all motions and oppositions.
The rule requires statement of facts. Memoranda must contain fact sections with citations, not incorporate by reference.
Parties may contact Judge Laura Taylor Swain's chambers by letter fax only as allowed by the rule. Letters by mail/overnight to 40 Foley Square; hand delivery accepted; no email letters.
A motion to seal is required for covered sealed filings before Judge Laura Taylor Swain. Process: file redacted on ecf and file unredacted to chambers. Sealed filings require both sealed and redacted versions; sensitive info must be redacted.
Judge Laura Taylor Swain's rules specify what an adjournment or extension request must include. The request must include reason for request, original date, number of previous requests, adversary position, and proposed new dates. Extension requests must include dates, previous requests, reason, adversary position, and proposed changes to other dates.
Yes. Judge Laura Taylor Swain's rules include a junior lawyer participation incentive. Oral argument rarely granted; more likely if junior lawyer (admitted within 5 years) argues.
Letters to court permitted but must comply with Individual Practices; no copying court on counsel correspondence.
Extension/adjournment requests use “letter motions” ECF category; other letters use “letter” category; no courtesy copies needed for ECF filings.
Letters by mail/overnight to 40 Foley Square; hand delivery accepted; no email letters.
Telephone calls to chambers only for emergencies; otherwise use letters.
Call (212) 805-4260 for adjournment date availability.
Extension requests must include dates, previous requests, reason, adversary position, and proposed changes to other dates.
Objections to discovery deadline extensions require compliance with pre-motion conference requirements.
Adjournment requests must be made 5 business days before appearance (unless emergency), contact Deputy Clerk for dates, check other parties’ availability, file ECF letter with positions.
Electronic device orders require ECF letter with form, filed 2 business days before proceeding; only attorneys eligible.
Pre-motion conferences required for motions before Judge Gorenstein except for pro hac vice, reconsideration, certain appeal motions, recusal, and show cause applications.
Sealed filings require both sealed and redacted versions; sensitive info must be redacted.
Discovery motions require good faith conference first; moving party must certify conference details in 5-page letter; opposing party responds promptly.
Pre-motion letter (max 3 pages) required before motions to dismiss.
One courtesy copy of each memorandum of law must be sent to Chambers by mail at filing.
Memorandum of law required with all motions and oppositions.
Memoranda must contain fact sections with citations, not incorporate by reference.
No page/word limits on memoranda of law, but >10 pages requires table of contents.
Motion to seal must cite case law and justify sealing within 7 days.
Oral argument rarely granted; more likely if junior lawyer (admitted within 5 years) argues.
Summary judgment motions must comply with Local Rule 56.1.
Pro se litigants must receive printed copies of cited decisions.
Joint pretrial order required within 30 days after discovery completion
Trial memoranda and other filings required with joint pretrial order
Loose-leaf binder with exhibits and deposition testimony required before trial
Trial day runs 9:00 AM to 5:00 PM with one hour lunch break
Letter application required for out-of-order witness scheduling
Untimely witness scheduling applications will be denied
Settlement conference acknowledgment form must be emailed 4 business days before conference to all attending attorneys and Judge Gorenstein.
Conference attendee must have ultimate settlement authority, not delegated authority.
Attorney must provide opposing counsel's settlement letter to all conference attendees before the conference.