Judge Robert W. Lehrburger
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 2 copies
- Not required
Adjournments
- All counsel must participate in a Court-scheduled phone call no later than 7 business days before the settlement conference to discuss the conference.
- Excess insurance carriers must attend unless the Court specifically excuses them at least one week before the conference.
- Settlement conference adjournments: requests more than 14 days before are ordinarily granted without good cause; requests within 14 days require good cause and alternative dates.
- Plaintiff must communicate a settlement demand at least 14 days before the conference; the opposing party must respond within 7 days of receiving the demand.
- Adjournment and extension requests must be submitted at least 48 hours in advance, absent good cause.
- Adjournment and extension requests must be ECF letter motions containing the original date, prior request history, consent status, and (if rescheduling a conference) available dates for all counsel.
Request must include
- Within 5 business days of filing a redacted document, parties must meet and confer about whether any redacted material should be unredacted.
Communication
Chambers
Intake Unit
Phone
Letter via ECF
Letter via ECF
Chambers
Phone
Chambers
Page & Word Limits3 rules
The letter must not exceed 5 pages (single spaced), unless permission has been granted by the Court, but may attach exhibits.
Settlement Conference Letter
5 pages
Letters may not exceed 3 single-space pages in length (exclusive of exhibits).
Letter
3 pages
Letter motions are limited to 3 single-space pages (not including exhibits). Any responsive letter should be submitted within 3 business days following submission of the letter motion.
Letter Motion
3 pages
Document Format Requirements3 rules
Electronic devices (cellphones, laptops, tablets) are not permitted during court proceedings and must be stored with court security.
Pursuant to Standing Order M10-468, electronic devices such as cellphones, laptops, and tablets are not permitted during proceedings before this Court. Electronic devices are typically stored with court security before attorneys may proceed into the courthouse.
All motions and moving papers filed on ECF or emailed to chambers shall be in searchable PDF form.
The typeface, text size, margins, and line-spacing of motion papers must conform to S.D.N.Y. Local Civil Rule 7.1. As to length, parties must also adhere to the word-count limits of Local Civil Rule 7.1 and include the required certification.
Document Filing Requirements20 rules
Each party's counsel must email the Court a pre-settlement conference letter and a completed attendance certification form at least 5 business days before the conference.
No later than five business days before the conference, counsel for each party must send the Court (i) a pre-settlement conference letter, and (ii) a completed attendance certification form attached at the end of these procedures. The letter and certification should be emailed to the Court in accordance with the Individual Practices of Judge Lehrburger.
DocumentLetter
The parties - not just their attorneys - must attend the settlement conference in person. A party's attendance is essential to the settlement process.
Business entities, labor unions, and insurers must send the person with final, unlimited settlement authority — not just any representative.
Business entities and labor unions must send the person with final, unlimited authority to settle. Where liability or costs-of-defense insurance is involved, a representative with final, unlimited authority for each carrier must attend in addition to the insured.
FLSA settlements require court or DOL approval; counsel must explain why the settlement terms are fair and reasonable.
Parties may not settle a Fair Labor Standards Act ("FLSA") action with prejudice unless the settlement agreement receives approval by either the Court or the Department of Labor. Accordingly, the Court will not approve an FLSA settlement without a sufficient explanation from counsel as to why the terms of the proposed settlement are fair and reasonable.
DocumentLetter
The pre-conference letter must be marked confidential and must NOT be shared with opposing parties — it is submitted to the Court only.
The letter should be marked "Confidential Material for Use Only at Settlement Conference" and should not be provided to opposing parties. The reason the letter is not to be shared with other parties is to ensure that counsel is candid with the Court as to the strengths and weaknesses of their client's case and the nature and range of an acceptable settlement.
DocumentLetter
Government agency parties must be accompanied by a knowledgeable agency representative; NYC Comptroller cases require a Comptroller representative with unlimited settlement authority.
Where any government agency is a party, counsel of record must be accompanied by a knowledgeable representative from the agency. Additionally, in cases where the Comptroller of the City of New York has authority over settlement, Corporation Counsel must make arrangements for a representative from the Comptroller to attend the conference in person.
The pre-conference letter must at minimum include: issues in dispute, settlement negotiation history, settlement valuation and rationale, case strengths and weaknesses, and any other helpful information.
the following: (a) a concise statement of the issue(s) in dispute; (b) the history of settlement negotiations, including any prior offers or demands; (c) evaluation of the settlement value of the case and the rationale for it; (d) identification of the strengths and weaknesses of the case to the extent not already included; and (e) any other information that would be helpful to the Court in preparing for the conference.
DocumentLetter
If a party fails to comply with the Attendance requirements set out above, that party may be required to reimburse all the other parties for their time and travel expenses, and may face other sanctions.
Memoranda of 10 or more pages must contain a table of contents and a table of authorities, neither of which shall count against the limits on length.
Parties must jointly prepare and submit proposed jury materials including: case statement, voir dire questions, numbered jury instructions, and a verdict form.
The parties must jointly prepare and submit proposed Jury Materials consisting of: a succinct statement of the case to be read to the jury panel before voir dire and as an introduction to jury instructions; proposed voir dire questions for prospective jurors; proposed jury instructions (with each instruction separately numbered and beginning on a separate page); and a proposed verdict form.
DocumentJury Instructions
Sur-reply memoranda will not be accepted without prior permission of the Court.
DocumentSur Reply
Any responsive letter should be submitted within 3 business days following submission of the letter motion.
DocumentLetter
Each party must file a Trial Memorandum of Law addressing each issue of law that the party expects to arise at or before trial.
The parties must meet and confer and then file a joint Report of Rule 26(f) Conference and Proposed Case Management Plan and Scheduling Order no later than one week before the initial case management conference.
DocumentCase Management Plan
Parties must jointly file a Proposed Pretrial Order within 30 days after discovery closes, or within 30 days after a decision on any dispositive motion.
Unless otherwise ordered by the Court, within 30 days after the date for the completion of discovery in a civil case or, if a dispositive motion has been filed, within 30 days after a decision resolving the motion, the parties shall jointly prepare and file with the court for its approval a Proposed Pretrial Order.
DocumentPretrial Order
In exceptional circumstances, attorneys may apply to bring an electronic device by completing the SDNY Fillable Form for Electronic Devices General Purpose.
Under exceptional circumstances, however, an attorney may seek permission from Judge Lehrburger to bring an electronic device on a particular occasion when doing so would advance the proceedings before the Court. In such an event, an attorney may fill out the “Fillable Form for Electronic Devices General Purpose,” available on the Southern District’s form database
Any party requiring an interpreter must supply its own simultaneous interpreter. The Court does not provide interpreters for settlement conferences.
The scheduling of a settlement conference has no effect on any deadlines or other pending obligations in the case unless otherwise ordered by the Court.
Attorneys may request permission to bring electronic devices by completing a fillable form available on the court's website.
Under exceptional circumstances, however, an attorney may seek permission from Judge Lehrburger to bring an electronic device on a particular occasion when doing so would advance the proceedings before the Court. In such an event, an attorney may fill out the “Fillable Form for Electronic Devices General Purpose,” available on the Southern District’s form database at https://nysd.uscourts.gov/sites/default/files/2018-06/Fillable%20Form%20for%20Electronic%20Devices%20General%20Purpose%20.pdf.
DocumentElectronic Device Request
Under exceptional circumstances, however, an attorney may seek permission from Judge Lehrburger to bring an electronic device on a particular occasion when doing so would advance the proceedings before the Court. In such an event, an attorney may fill out the “Fillable Form for Electronic Devices General Purpose,” available on the Southern District’s form database at: https://nysd.uscourts.gov/forms/fillable-form-electronic-devices-general-purpose
DocumentElectronic Device Permission Form
Filing & Service rules
Courtesy Copy Requirements
Two courtesy sets of pre-marked exhibits in tabbed 3-ring binders must be delivered to the Court at least two weeks before trial.
At least two weeks in advance of trial, counsel must provide two courtesy sets of pre-marked exhibits to the Court. The exhibits should be assembled sequentially in a tabbed 3-ring binder. Voluminous exhibits may be provided on a thumb drive or equivalent.
Civil cases
The Court does not require courtesy copies.
The Court does not require courtesy copies.
Civil cases
Sealing & Redaction Procedures
All settlement conference communications are strictly confidential, off the record, inadmissible at trial, and may not be used in discovery.
All settlement conferences are "off the record." All communications relating to settlement are strictly confidential and may not be used for any purpose other than settlement. They are not to be used in discovery and will not be admissible at trial.
Civil cases
If parties cannot agree to unredact all sealed material, the confidentiality-seeking party must file a letter motion within 3 business days of the meet and confer.
A motion is required whenever one or more parties seek to maintain sealed material. If the parties cannot agree to unredact all redacted material, then, within 3 business days of the parties' meet and confer, the party seeking to preserve confidentiality must make a specific request to the Court by letter motion. If more than one party seeks to preserve confidentiality, the parties shall confer and submit a joint letter.
Civil cases
Sealed documents cannot be accessed on ECF; parties must separately serve opposing counsel with sealed materials outside of ECF.
Pursuant to S.D.N.Y. Standing Order M10-468, sealed documents are not accessible or viewable on ECF; accordingly, parties must separately serve opposing counsel with any sealed materials in a manner other than the ECF system.
Civil cases
Motions to seal must address the Second Circuit's Lugosch and Bernstein standards and include proposed redactions.
Any letter motion requesting that material remain under seal must explain the reasons for seeking to file the material under seal and address the request in light of the Court of Appeals' opinions in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) and Bernstein v. Bernstein Litowitz Berger & Grossman LLP, 814 F.3d 132 (2d Cir. 2016). Any sealing request shall include the requesting party's proposed redactions.
Civil cases
To file under seal: file a redacted copy on ECF, file a sealed copy on ECF, and email an unredacted copy to chambers.
Any party wishing to file a document under seal or in redacted form shall (1) file on ECF a redacted copy of the document, (2) file on ECF a sealed copy of the document, and (3) submit to Chambers an unredacted copy by email.
Civil cases
When ordered to unredact, the party must file unredacted documents on ECF within 3 business days of the court's order.
If the Court directs that any previously redacted material be unredacted, the party who submitted the previously redacted document shall, within 3 business days after the Court's unredaction order, file on ECF the documents complying with the Court's order.
Civil cases
Redactions required by FRCP 5.2 (sensitive information) do not require court approval.
Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings. No Court approval is required for these redactions.
Civil cases
Pre-Motion Conference Requirements
Before filing a Rule 12(b) or 12(c) motion, the moving party must notify plaintiff and offer a chance to amend; if declined, the notice of motion must include a specific certification statement.
Except in cases involving pro se parties, if a motion pursuant to Fed. R. Civ. P. 12(b) or 12(c) is contemplated, the moving party must so inform the plaintiff or counterclaimant and explain the basis for the anticipated motion. The plaintiff or counterclaimant must then indicate whether they wish to amend the subject pleading before motion practice, and the parties must consider in good faith a stipulation permitting such amendment. If the parties are unable to reach a resolution, the moving party shall include the following statement in the notice of motion: "This motion is made following the conference of counsel, which took place on [date]. Plaintiff [or Counter-Claimant] declined an opportunity to amend."
Civil cases
Motions in limine are filed with the pretrial order; oppositions are due two weeks later; no replies without court permission.
Each party shall file and serve any motions in limine at the same time as the proposed pretrial order. Within two weeks thereafter, each party shall file and serve its opposition to any motion in limine. There shall be no replies unless requested by the Court.
Civil cases
Discovery disputes require good-faith meet and confer before a letter motion; the letter is limited to 3 single-spaced pages and must certify that meet and confer occurred.
Any party wishing to raise a discovery dispute with the Court must first meet and confer in good faith with the opposing party, in person or by telephone or video conferencing, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, the party may file a letter motion with the Court or, if applicable, to the Pro Se Intake Clerk, no longer than 3 single-space pages, explaining the nature of the dispute and requesting a conference. Such letter must include a representation that the meet-and-confer process occurred, including when and whether it was in person or over the telephone.
Civil cases
Letters requesting a pre-motion conference should summarize the basis of the motion and may not exceed 3 pages single-spaced. Within 3 business days following submission of the requesting letter, each opposing party may submit a written response of no more than 3 pages.
Letters requesting a pre-motion conference should summarize the basis of the motion and may not exceed 3 pages single-spaced. Within 3 business days following submission of the requesting letter, each opposing party may submit a written response of no more than 3 pages.
Civil cases
A pre-motion conference with the Court is required for all other motions except for (i) motions by incarcerated pro se litigants, (ii) motions for reconsideration, (iii) motions for a new trial, (iv) motions in limine, and (v) motions required by the Federal Rules of Appellate Procedure or the Federal Rules of Civil Procedure to be made by a time certain.
A pre-motion conference with the Court is required for all other motions except for (i) motions by incarcerated pro se litigants, (ii) motions for reconsideration, (iii) motions for a new trial, (iv) motions in limine, and (v) motions required by the Federal Rules of Appellate Procedure or the Federal Rules of Civil Procedure to be made by a time certain.
Civil cases
The filing of a request for a pre-motion conference to dismiss prior to filing an Answer stays the time for filing an Answer until after the motion is resolved or further order of the Court, whichever is earlier.
The filing of a request for a pre-motion conference to dismiss prior to filing an Answer stays the time for filing an Answer until after the motion is resolved or further order of the Court, whichever is earlier.
Civil cases
Adjournment & Extension Requirements
Settlement conference adjournments: requests more than 14 days before are ordinarily granted without good cause; requests within 14 days require good cause and alternative dates.
Requests for adjournment shall conform to the Individual Practices of Judge Lehrburger, with the following modification: requests submitted more than 14 days before the scheduled conference date ordinarily will be granted without a showing of good cause; requests submitted within 14 days of the date of the scheduled conference must demonstrate good cause. All requests should provide alternative dates when all the parties are available. The conference date is not changed unless and until ordered by the Court.
Civil cases
Plaintiff must communicate a settlement demand at least 14 days before the conference; the opposing party must respond within 7 days of receiving the demand.
If the plaintiff has not already made a settlement demand, such a demand shall be communicated to the opposing party no later than 14 days prior to the conference. If it has not already done so, the opposing party shall respond to any demand no later than 7 days thereafter.
Civil cases
All counsel must participate in a Court-scheduled phone call no later than 7 business days before the settlement conference to discuss the conference.
At a date and time set by the Court, and not later than seven business days before the settlement conference, counsel for all parties must participate in a phone call with the Court to discuss the upcoming settlement conference. Any matter that any party believes may impede settlement should be raised during this call, particularly information that could be but has not yet been provided by another party.
Civil cases
Excess insurance carriers must attend unless the Court specifically excuses them at least one week before the conference.
This includes each excess carrier unless specifically excused by the Court at least one week before the conference.
Civil cases
Adjournment and extension requests must be submitted at least 48 hours in advance, absent good cause.
Absent good cause, any request for extension or adjournment shall be made at least 48 hours before the deadline or scheduled appearance.
Civil cases
Adjournment and extension requests must be ECF letter motions containing the original date, prior request history, consent status, and (if rescheduling a conference) available dates for all counsel.
All requests for adjournments or extensions of time must be filed on ECF as letter motions. The letter motion must state: (i) the originally scheduled due date(s); (ii) the number of previous requests for adjournment or extension of the matter at issue; (iii) whether those previous requests were granted or denied; and (iv) whether all parties consent, and if not, the reasons given for refusing to consent. If the adjournment concerns a conference to be rescheduled, the letter motion must also provide multiple dates when all counsel are available.
Civil cases
Within 5 business days of filing a redacted document, parties must meet and confer about whether any redacted material should be unredacted.
Within 5 business days of the ECF- filing of the redacted document(s), the parties must confer in good faith as to whether any or all of the redacted material may or must be filed without redaction.
Civil cases
Chambers Communication Rules
The completed form should be emailed to chambers at the address above, and Chambers will then send the order to the District Executive's Office, which will be transmitted to court security.
The completed form should be emailed to chambers at the address above, and Chambers will then send the order to the District Executive's Office, which will be transmitted to court security.
In addition to ECF-filing, these materials should also be submitted as Microsoft Word documents and sent via email to: Lehrburger_NYSDChambers@nysd.uscourts.gov.
In addition to ECF-filing, these materials should also be submitted as Microsoft Word documents and sent via email to: Lehrburger_NYSDChambers@nysd.uscourts.gov.
Civil cases
Jury materials (voir dire, charge requests, verdict sheets) must also be submitted as Word documents via email to chambers in addition to ECF filing.
In addition to ECF-filing voir dire questions, requests to charge, and verdict sheets, electronic copies must also be submitted as Microsoft Word documents and sent by email to: Lehrburger_NYSDChambers@nysd.uscourts.gov.
Civil cases
Pro se parties must direct all communications to the Pro Se Intake Unit — never directly to chambers.
By Standing Order, a pro se party must mail or email all communications with the Court to the Pro Se Intake Unit located at 500 Pearl Street, Room 200, New York, NY 10007, ProSe@nysd.uscourts.gov. A pro se party may not call Chambers or send any document or filing directly to Chambers.
Civil cases
In general, communications with the Court should be by letter. Except as provided below, all letters should be filed electronically on ECF (i.e., Electronic Case Filing), without email or other copy to Chambers.
In general, communications with the Court should be by letter. Except as provided below, all letters should be filed electronically on ECF (i.e., Electronic Case Filing), without email or other copy to Chambers.
Civil cases
The following types of letters should be emailed to Chambers as a .pdf attachment: Letters filed by counsel under seal; Ex parte settlement letters; Letters otherwise containing confidential information.
The following types of letters should be emailed to Chambers as a .pdf attachment: Letters filed by counsel under seal; Ex parte settlement letters; Letters otherwise containing confidential information.
Civil cases
The completed form should be emailed to chambers at the address above, and Chambers will then send the order to the District Executive’s Office, which will be transmitted to court security.
The completed form should be emailed to chambers at the address above, and Chambers will then send the order to the District Executive’s Office, which will be transmitted to court security.
Page 1 | INSTRUCTIONS FOR ATTORNEYS FOR BRINGING ELECTRONIC DEVICES TO COURT
Electronic devices are prohibited during court proceedings and must be stored with court security.
Pursuant to Standing Order M10-468, electronic devices such as cellphones, laptops, and tablets are not permitted during proceedings before this Court. Electronic devices are typically stored with court security before attorneys may proceed into the courthouse.
Page 1 | INSTRUCTIONS FOR ATTORNEYS FOR BRINGING ELECTRONIC DEVICES TO COURT
For in person conferences at the courthouse, if a participant resides more than 100 miles from the courthouse and would incur great hardship to attend in person, counsel may write to the Court seeking permission for that individual to participate remotely (although permission will be the exception, not the rule). This issue should be raised with the Court in writing as soon as possible.
For in person conferences at the courthouse, if a participant resides more than 100 miles from the courthouse and would incur great hardship to attend in person, counsel may write to the Court seeking permission for that individual to participate remotely (although permission will be the exception, not the rule). This issue should be raised with the Court in writing as soon as possible.
Civil cases
Party-to-party letters not addressed to the Court may not be filed on ECF or sent to the Court.
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).
Civil cases
Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance of 500 Pearl Street and may not be brought directly to Chambers. If the hand-delivered letter is urgent and requires immediate attention, ask the Court Security Officers to notify Chambers that an urgent package has arrived.
Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance of 500 Pearl Street and may not be brought directly to Chambers. If the hand-delivered letter is urgent and requires immediate attention, ask the Court Security Officers to notify Chambers that an urgent package has arrived.
Civil cases
If all parties advise the Court in writing that the case has settled prior to the scheduled conference, the Court ordinarily will adjourn the conference with no future designated date. In these circumstances, the parties should file a letter-motion on ECF requesting an adjournment of the settlement conference sine die.
If all parties advise the Court in writing that the case has settled prior to the scheduled conference, the Court ordinarily will adjourn the conference with no future designated date. In these circumstances, the parties should file a letter-motion on ECF requesting an adjournment of the settlement conference sine die.
Civil cases
Settlement conferences are held via Microsoft Teams by default; parties may request in-person and the Court may order in-person sua sponte.
The Court holds many of its settlement conference via Microsoft Teams. This enables parties to more freely participate and avoid unnecessary travel. However, parties may request to hold settlement conferences in person at the courthouse, and the Court may do so sua sponte if it believes doing so would be beneficial.
Civil cases
The completed form should be emailed to chambers at the address above, and Chambers will then send the order to the District Executive’s Office, which will be transmitted to court security.
The completed form should be emailed to chambers at the address above, and Chambers will then send the order to the District Executive’s Office, which will be transmitted to court security.
Page 1 | INSTRUCTIONS FOR ATTORNEYS FOR BRINGING ELECTRONIC DEVICES TO COURT
Requests for oral argument of motions should be made by letter. Whether oral argument will be held remains in the Court's discretion. In some instances, the Court may hold oral argument even if the parties have not requested it.
Requests for oral argument of motions should be made by letter. Whether oral argument will be held remains in the Court's discretion. In some instances, the Court may hold oral argument even if the parties have not requested it.
Civil cases
Chambers may be called by phone between 9:00 a.m. and 4:00 p.m. only for administrative, scheduling, or calendar matters — not to seek rulings.
For administrative, scheduling, and calendar matters that do not request a ruling from the Court, Chambers may be called between 9:00 a.m. and 4:00 p.m.
Civil cases