Judge Margaret M. Garnett

Telephone calls to Chambers are prohibited. All urgent communications with the Court should occur pursuant to Rule I(B)(9).

Faxes to Chambers are not permitted.

All written submissions and supporting materials must be text-searchable to the extent practicable.

Letters must be filed electronically on ECF. Letters seeking relief should be filed on ECF as letter-motions, not as ordinary letters. Letters may not exceed three pages in length (single-spaced, with standard font and margins) without prior permission from Chambers.

Letters may not exceed three pages in length (single-spaced, with standard font and margins) without prior permission from Chambers.

Binders should include cover and spine sheets that clearly identify the full case name and the documents included within (e.g., “Plaintiff’s Opposition to Defendants’ Motion to Dismiss”);

Simultaneously with the procedures set out in Rules I(D)(4)(i)–(ii), supra, the party should email to Chambers (1) a clean (unredacted) copy of the document to be sealed or redacted; (2) if seeking redaction, a copy of the document highlighting the information that has been redacted in the ECF filing; and (3) a copy of the letter-motion (unredacted, should the party also be seeking leave to file the letter-motion with redactions or under seal).

Counsel who will be speaking should have their video cameras on throughout the proceeding but should remain muted unless actively speaking. Counsel in attendance who will not be speaking must have their videos off and be muted for the duration of the conference.

If counsel joins the Remote Conference by audio-only, counsel should dial-in using a landline whenever possible, should use a headset or handset instead of speakerphone, and must mute themselves whenever they are not speaking to eliminate background noise. To facilitate the creation of an accurate transcript if the conference is held on the record, counsel who are joining the conference audio-only are required to identify themselves every time they speak. Counsel should spell any proper names for the court reporter. Counsel should also take special care not to interrupt or speak over one another.

The broadcasting or recording of any court conference is prohibited by law.

The Notice will direct the parties to submit to the Court, approximately one week prior to the conference date, a joint proposed Case Management Plan and Scheduling Order (a model of which can be found on the Court’s public webpage at https://nysd.uscourts.gov/hon-margaret-m-garnett) and a joint letter, not to exceed three pages in length (single-spaced, with standard font and margins), describing the case, any contemplated motions, and the prospect for settlement.

Any party wishing to raise a discovery dispute with the Court must first confer in good faith at least once with the opposing party—in person, by videoconference, or by telephone—to resolve the dispute. If the meet-and-confer process does not resolve the dispute, the party seeking discovery must submit a letter-motion to the Court via ECF, no longer than three pages (single spaced, with standard font and margins), explaining the nature of the dispute and why the party is entitled to relief. The initial letter-motion must state: (1) the date(s), time(s), and duration of each meet-and-confer conference; (2) the names of the attorneys who participated; and (3) that the moving party informed the adversary during the last conference that the moving party believed the parties to be at an impasse and that the moving party would be requesting relief from the Court.

If the opposing party wishes to respond, it must do so in a letter not to exceed three pages within two business days, and should promptly advise Chambers by email (following the instructions for email correspondence with the Court detailed in Rule I(B)(3), supra) that a responsive letter will be forthcoming. Reply letters are not permitted.

Unless prior permission has been granted, memoranda of law must conform to Local Civil Rule 7.1. Specifically, memoranda of law in support of and in opposition to motions may not exceed 8,750 words, and reply memoranda may not exceed 3,500 words. These limits do not include the caption, any index, table of contents, table of authorities, signature blocks, or any required certificates, but do include material contained in footnotes or endnotes. If a brief is filed by an attorney or prepared with a computer, it must include a certificate by the attorney, or party who is not represented by an attorney, that the document complies with the word-count limitations. The person preparing the certificate may rely on the word count of the word-processing program used to prepare the document. The certificate must state the number of words in the document.

Briefs filed by a party who is not represented by an attorney, or are handwritten or prepared with a typewriter, may not exceed 25 pages if filed in support of or in opposition to a motion and may not exceed 10 pages if filed on reply.

All memoranda of law shall be formatted with one-inch margins and double-spaced. All text must be in 12-point font or larger. Memoranda of 10 pages or more shall contain a table of contents and table of authorities.

Briefs should be printed single-sided and stapled in the upper-left corner. If there are any exhibits or supplemental materials filed with that brief, the brief shall be placed in the front left pocket of a three-ring binder containing those materials, as described below;

In the three-ring binder, any affidavits, declarations, exhibits, or other motion papers filed with that brief should be printed double-sided, three-hole-punched, placed in the binder, and separated by binder tabs;

Binder tabs should either (a) identify the tabbed document by title (e.g., “Affidavit of Jane Doe”), or (b) be numbered, as long as a corresponding table of contents is included as the front page of the binder;

Do not VeloBind or binder clip any courtesy copies submitted to the Court.

If the defendant chooses to file a supplemental motion to dismiss, it must be filed using the Motion to Dismiss ECF filing event and may incorporate by reference any portions of the briefing, declarations, or exhibits filed with its original motion to dismiss. Any such supplemental briefing may not exceed five double-spaced pages.

To so request, the moving party shall submit a letter via ECF, not to exceed three single-spaced pages in length, setting forth the basis for the anticipated motion, including the legal standards governing the claims at issue.

Any party moving for summary judgment shall provide all other parties with an electronic copy, in Microsoft Word format, of the moving party’s Statement of Material Facts Pursuant to Local Rule 56.1 as to

Pro se parties should call the Pro Se Office at (212) 805-0175 with any questions. Pro se parties may not call the Court.

All communications with the Court by a pro se party should be in writing and delivered in person, mailed, or emailed to the Pro Se Office (Thurgood Marshall Courthouse, 40 Foley Square, Room 105, New York, NY 10007). No documents or court filings may be sent directly to Chambers.

No papers may be sent directly to Chambers.

All requests for discovery by a pro se party should be sent to counsel for the party from whom discovery is sought. Discovery requests should not be sent to the Court.

If there are any discovery disputes, the parties are required to confer with one another to try to resolve the dispute without raising any issue with the Court.

If the parties are unable to resolve their dispute, either party may file a letter-motion, no longer than three pages (single-spaced, with standard font and margins) and in accordance with Rule III(B)(2) above, explaining the nature of the dispute and requesting an informal conference.

If the opposing party wishes to respond to the letter, it must promptly file a responsive letter, not to exceed three pages (single-spaced, with standard font and margins).

When a case is assigned to this Court, the Government shall email Chambers, copying the Courtroom Deputy (Keeva_Verneus@nysd.uscourts.gov), to arrange a time for an arraignment and initial conference. The Government shall provide (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 Reg. No.) 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. The Government shall email all charging instruments to Chambers, if they are not available on ECF, at least two business days prior to the conference.

Whenever defense counsel has received, or is receiving, a benefactor payment that subjects counsel to a conflict of interest, said counsel must promptly inform the Court and request a Curcio hearing.

Counsel have an obligation to promptly inform the Court upon learning of any other conflict of interest, whether a potential or an actual conflict, and to request a Curcio hearing if appropriate.

When there is a request for substitution of defense counsel, counsel of record must email Chambers, copying the Courtroom Deputy (Keeva_Verneus@nysd.uscourts.gov) and the Government, to request a conference be scheduled as soon as possible. If defense counsel believes an ex parte conference is necessary, it should so indicate in its email. At the conference, the Court will address the application by defense counsel to be relieved. The defendant, proposed replacement counsel, and the Government must also attend the conference.

CJA counsel requesting funding to engage investigative, expert, mentorship, or other services should do so through the CJA eVoucher system, not by letter to the Court. Requests for funding to engage associate CJA counsel, however, must be made by letter on ECF. Requests for authorization to seek interim payments may be made ex parte and under seal, via email to Chambers, copying the Courtroom Deputy.

Unless prior permission has been granted, memoranda of law in support of and in opposition to motions may not exceed 8,750 words, and reply memoranda may not exceed 3,500 words. These limits do not include the caption, any index, table of contents, table of authorities, signature blocks, or any required certificates, but do include material contained in footnotes or endnotes.

All memoranda of law shall be formatted with one-inch margins and double-spaced. All memoranda of law shall be in twelve-point font or larger, double spaced, and text-searchable.

Memoranda of 10 pages or more shall contain a table of contents and table of authorities.

In addition to a designation list, the parties shall provide the complete deposition transcripts with color-coded highlighting indicating the portions designated by each party and the objections listed in the margins.

At the time of filing, the parties should also submit copies of these documents to the Court by email in both Microsoft Word and PDF format, as well as provide courtesy copies as set out in Rule II(B)(3).

At the time of filing, parties should also submit copies of these documents to the Court by email as Microsoft Word documents.