Southern District of New York Document Filing Requirements

Conference attendee must have ultimate settlement authority, not delegated authority.

Source text: I certify that the person attending the conference (in person or by telephone) is the person with ultimate responsibility for determining the settlement amount: that is, the person responsible for giving settlement authority, not someone who has received authority from another person.

Attorney must provide opposing counsel's settlement letter to all conference attendees before the conference.

Source text: I certify that I will promptly supply a copy of opposing counsel’s settlement letter to all persons attending the conference (by telephone or in person), and I will ensure that each person has read opposing counsel’s letter prior to the conference.

Attorney must certify having read both the scheduling order and Judge Gorenstein's standing order for settlement conferences.

Source text: I certify that I have read both the Court’s Order scheduling this conference as well as the “Standing Order Applicable to Settlement Conferences Before Judge Gorenstein.”

Memorandum of law required with all motions and oppositions.

Source text: A memorandum of law must accompany all motions and oppositions thereto. See Local Civil Rule 7.1.

Memoranda must contain fact sections with citations, not incorporate by reference.

Source text: The memorandum of law must set forth all pertinent facts, which may not be accomplished by incorporating by reference other documents, such as affidavits or statements under Local Civil Rule 56.1. Instead, the memorandum must contain a fact section that sets forth all facts relevant to the motion and, for each factual statement, provides one or more citations (with specific page or paragraph numbers) to

Summary judgment motions must comply with Local Rule 56.1.

Source text: Any motion for summary judgment must comply with Local Civil Rule 56.1, except that a party who is not required to comply with Local Civil Rule 56.1(d) based on the applicability of Fed. R. Civ. P. 56(c)(1)(B) may seek to be relieved of Local Civil Rule 56.1(d)'s requirements by raising the issue in the pre-motion conference request.

Pro se litigants must receive printed copies of cited decisions.

Source text: As required by Local Civil Rule 7.2, counsel must provide a pro se litigant with printed copies of decisions cited in any submission that are reported exclusively in computerized databases.

Joint pretrial order required within 30 days after discovery completion

Source text: Unless otherwise ordered by the Court, within 30 days from the date for the completion of discovery in a civil case, the parties shall submit to the Court for its approval a joint pretrial order

Trial memoranda and other filings required with joint pretrial order

Source text: Unless otherwise ordered by the Court, each party shall file – at the same time as the filing of the joint pretrial order – the following:

Loose-leaf binder with exhibits and deposition testimony required before trial

Source text: At or before the time the materials set forth in paragraph 3.C above are filed, the parties shall deliver to the Court in a loose-leaf binder: (1) a copy of each of the party’s pre-marked exhibits, see paragraph 3.B.x above, and (2) a copy of any deposition testimony designated in paragraph 3.B.ix above.

Letter application required for out-of-order witness scheduling

Source text: Any requests to schedule a witness out of order and/or for a particular day must be made by a letter application that states the opposing party’s position and that is sent (1) prior to trial and (2) as soon as counsel is aware of the limited availability of that witness.

Sur-reply memoranda require prior permission from the Court.

Source text: Sur-reply memoranda will not be accepted without prior permission of the Court.

Rule 56.1 statements must include citations to admissible evidence.

Source text: Each statement by a movant or opponent pursuant to Rule 56.1(a) and (b), including each statement controverting any statement of material fact, must be followed by citation to evidence which would be admissible, set forth as required by Fed. R. Civ. P. 56(c).

Plaintiff must serve motion for default judgment within 14 days and file affidavit of service on ECF

Source text: The plaintiff must serve the motion for default judgment and supporting paperwork on the party against whom default judgment is sought and file an affidavit of service on ECF within fourteen days of filing the motion for default judgment. The Court will not consider the motion for default judgment until such affidavit of service is filed. If more than fourteen days are required to complete service of the motion for default judgment and supporting papers, the plaintiff should file a letter on ECF explaining why additional time is necessary and when the plaintiff anticipates service will be completed.

Plaintiff must serve Court's default judgment hearing order and file proof of service

Source text: The Court will review the motion for default judgment and, if appropriate, issue an order setting a date and time for a default judgment hearing. If the Court issues such an order, the plaintiff must then serve on the party against whom default judgment is sought the Court’s order setting a date and time for the default judgment hearing. The plaintiff must filed proof of such service on the docket in the manner and by the date specified in the Court’s order setting the default judgment hearing.

Proposed orders must be submitted on ECF as attachments to formal applications

Source text: L. Proposed Orders. All proposed orders that parties wish the Court to sign should be submitted on ECF as attachments or exhibits to an appropriate formal application to the Court seeking the endorsement of such order.

FLSA settlements require submission of settlement agreement and joint letter for Court approval.

Source text: In FLSA actions, Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure requires that the Court review and scrutinize a proposed settlement agreement to ensure that it is fair. See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015); see also Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332, 338 (S.D.N.Y. 2012). The parties must submit to the Court both the settlement agreement and a joint letter explaining why the settlement should be approved.

FLSA settlement joint letter must include Wolinsky considerations, calculation method, hours/wages, billing records, and non-disparagement analysis if applicable.

Source text: The joint letter should contain the following: i. Discussion of the considerations detailed in Wolinksy, 900 F. Supp. 2d at 335–36. ii. A description of the method used to calculate the settlement amounts. iii. A list of the hours plaintiff(s) worked and at what wages. This should be detailed enough to enable the Court to follow the parties' steps in calculating the settlement amounts. If the parties disagree on hours worked or wages owed, both parties' estimates should be included.Detailed billing records to support any request for attorneys' fees, documenting the hours expended and the nature of the work done. iv. If the proposed settlement contains a non-disparagement provision, authority and argument demonstrating that the proposed provision is fair and reasonable.

Court will not approve settlements with confidentiality provisions or general releases from all liability.

Source text: The Court will not ordinarily approve settlement agreements that contain a confidentiality provision or a general release from all liability. See Wolinsky, 900 F. Supp. 2d at 337–40; Flores-Mendieta v. Bitefood Ltd., No. 15-CV-4997 (AJN), Co. of Onondaga, 435 F.3d 110, 126 (2d Cir. 2006).

Diversity jurisdiction cases require 2-page letter explaining citizenship basis before Initial Pretrial Conference.

Source text: In any action in which subject matter jurisdiction is founded on diversity of citizenship pursuant to 28 U.S.C. § 1332, the party asserting the existence of such jurisdiction shall, prior to the Initial Pretrial Conference, submit to the Court a letter no longer than two pages explaining the basis for that party's belief that diversity of citizenship exists. Where any party is a corporation, the letter shall state both the place of incorporation and the principal place of business. In cases where any party is a partnership, limited partnership, limited liability company, or trust, the letter shall state the citizenship of each of the entity's members, shareholders, partners, and/or trustees.

Removal cases require filing copies of state court pleadings and prompt notice of appearance.

Source text: Counsel for the party or parties which removed the case 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), file a copy of any pleading filed or served while the case remained in State court. Counsel for all parties must file a notice of appearance in this Court promptly upon removal.

Joint Pretrial Report due 40 days after discovery completion or 14 days after dispositive motion decision.

Source text: Unless otherwise ordered by the Court, within 40 days from the date for the completion of all discovery, or, if a dispositive motion has been filed, within 14 days of a decision on such motion, the parties shall electronically file a proposed Joint Pretrial Report.

Documentary exhibits must be submitted on thumb drive and ECF at time of joint pretrial report.

Source text: At the time that the Joint Pretrial Report is filed, each party shall submit to the Court a thumb drive containing one copy of each documentary exhibit sought to be admitted. Exhibits shall also be filed on ECF.

Proposed findings of fact and conclusions of law must be filed with joint pretrial report.

Source text: At the time the Joint Pretrial Report is filed, each party shall electronically file proposed findings of fact and conclusions of law. The proposed findings of fact should be detailed and should include citations to the proffered trial testimony and exhibits, as there may be no opportunity for post-trial submissions.

Affidavits for direct testimony must be filed on ECF with joint pretrial report.

Source text: At the time the Joint Pretrial Report is filed, each party shall file on ECF copies of affidavits constituting the direct testimony of each trial witness, except for the direct testimony of an adverse party, a person whose attendance is compelled by subpoena, or a person for whom the Court has agreed to hear direct testimony live at the trial.

List of affiants to be cross-examined must be submitted 3 business days after affidavit filing.

Source text: Three business days after submission of such affidavits, counsel for each party shall submit a list of all affiants whom he or she intends to cross-examine at the trial. Only those witnesses who will be cross-examined need to appear at trial.

Original signed affidavits must be brought to trial.

Source text: The original signed affidavits should be brought to trial to be marked as exhibits.

Adjournment or extension requests must be filed as letter-motions with specific required information and proposed dates.

Source text: All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions... Such requests must state: (i) the original date(s); (ii) the number of previous requests for adjournment or extension; (iii) whether these previous requests were granted or denied; and (iv) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent. If the parties are requesting adjournment of a conference, they must also provide three mutually agreeable alternate conference dates. If the parties are requesting adjournment of an initial pretrial conference or post-discovery conference, the proposed dates should be Friday afternoons. If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order should be attached to the request.

Attorneys must file a Notice of Appearance with the Clerk of Court.

Source text: Any attorney appearing before the Court must enter a Notice of Appearance with the Clerk of Court.

Parties must submit a Joint Letter and proposed Civil Case Management Plan at least 7 days before the Initial Case Management Conference.

Source text: This Notice will, inter alia, direct the parties to submit a Joint Letter (as described in the Notice) and a proposed Civil Case Management Plan and Scheduling Order to the Court at least seven days prior to the conference date.

Memoranda of 10+ pages must include table of contents and authorities, excluded from page count.

Source text: All Memoranda of 10 pages or more shall contain a table of contents and a table of authorities, neither of which shall count against the page limit.

Non-moving party must notify Court and adversary within 10 days of motion to dismiss about amending or relying on existing pleading.

Source text: When a motion to dismiss is filed, the non-moving party must, within 10 days of receipt of the motion, notify the Court and its adversary in writing whether (i) it intends to file an amended pleading and when it will do so, or (ii) it will rely on the pleading being attacked.

Plaintiff must serve default judgment motion and file affidavit of service on ECF within 14 days; Court will not consider motion until affidavit is filed.

Source text: The plaintiff must serve the motion for default judgment and supporting paperwork on the party against whom default judgment is sought and file an affidavit of service on ECF within fourteen days of filing the motion for default judgment. The Court will not consider the motion for default judgment until such affidavit of service is filed. If more than fourteen days are required to complete service of the motion for default judgment and supporting papers, the plaintiff should file a letter on ECF explaining why additional time is necessary and when the plaintiff anticipates service will be completed.

All proposed orders must be submitted on ECF as attachments/exhibits to a formal application seeking endorsement.

Source text: L. Proposed Orders. All proposed orders that parties wish the Court to sign should be submitted on ECF as attachments or exhibits to an appropriate formal application to the Court seeking the endorsement of such order.

FLSA settlement requires joint letter containing Wolinsky considerations, calculation method, hours/wages worked, billing records, and non-disparagement authority if applicable.

Source text: The parties must submit to the Court both the settlement agreement and a joint letter explaining why the settlement should be approved. The joint letter should contain the following: i. Discussion of the considerations detailed in Wolinksy, 900 F. Supp. 2d at 335–36. ii. A description of the method used to calculate the settlement amounts. iii. A list of the hours plaintiff(s) worked and at what wages. This should be detailed enough to enable the Court to follow the parties' steps in calculating the settlement amounts. If the parties disagree on hours worked or wages owed, both parties' estimates should be included.Detailed billing records to support any request for attorneys' fees, documenting the hours expended and the nature of the work done. iv. If the proposed settlement contains a non-disparagement provision, authority and argument demonstrating that the proposed provision is fair and reasonable.

Diversity jurisdiction letter must state place of incorporation and principal place of business for corporations, or citizenship of all members/partners for partnerships/LLCs/trusts.

Source text: Where any party is a corporation, the letter shall state both the place of incorporation and the principal place of business. In cases where any party is a partnership, limited partnership, limited liability company, or trust, the letter shall state the citizenship of each of the entity's members, shareholders, partners, and/or trustees.

All parties must file notice of appearance promptly upon removal from state court.

Source text: Counsel for all parties must file a notice of appearance in this Court promptly upon removal.

Joint Pretrial Report due within 40 days after discovery completion or 14 days after dispositive motion decision, containing caption, counsel info, and jurisdiction statements.

Source text: Unless otherwise ordered by the Court, within 40 days from the date for the completion of all discovery, or, if a dispositive motion has been filed, within 14 days of a decision on such motion, the parties shall electronically file a proposed Joint Pretrial Report. This document, which should be ECF filed under the event heading 'Joint Pretrial Report,' shall include the following: i. The full caption of the action; ii. The names, law firms, addresses, and telephone and fax numbers of trial counsel; iii. A brief statement by plaintiff as to the basis of subject matter jurisdiction, and a brief statement by each other party as to the presence or absence of subject matter jurisdiction. Such statements shall include citations to all statutes relied on and relevant facts as to citizenship and jurisdictional amount;

Speedy Trial Act exclusions require proposed order in Word format

Source text: If a party seeks an exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161, the party must submit to the Court by email a proposed order (in Microsoft Word format) along with its request for adjournment or extension.

Pro se parties must serve paper copies and file Affidavit of Service.

Source text: Parties in pro se cases shall serve a pro se party with a paper copy of any document that is filed electronically and file with the Court a separate Affidavit of Service. Submissions filed without proof of service that the pro se party was served with a paper copy will not be considered.

Benefactor payments requiring conflict disclosure must be reported at initial conference

Source text: Whenever Defense Counsel has received, or is receiving, a benefactor payment that subjects counsel to a conflict of interest, said counsel must inform the Court and request a Curcio hearing at the initial conference.

Discovery motions must include Rule 16.1 affidavit.

Source text: Any discovery motion must contain the Rule 16.1 affidavit.

Bail modification requests must indicate Government and Pre-Trial Services Officer consent.

Source text: Any written request for a bail modification by a defendant shall indicate whether the Government and the Pre-Trial Services Officer consent to the request.

All sentencing submission documents must be filed on ECF unless sealed or redacted.

Source text: Except for submissions to be filed under seal or in redacted form, every document in a sentencing submission, including letters, must be filed on ECF.

Letters must be grouped and filed as attachments to SENTENCING MEMORANDUM with caption and docket number.

Source text: Letters should be grouped and filed together as attachments to a single document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated.

Defendant files letters from friends/relatives; Government files victim letters.

Source text: The defendant is responsible for filing all letters submitted on behalf of the defendant, including those from friends and relatives. The Government is responsible for filing all letters from victims.

Pro se parties must file Pretrial Statement within 30 days of discovery completion.

Source text: Within 30 days of the completion of discovery unless otherwise ordered by the Court, a pro se party shall file a concise, written Pretrial Statement.

Counsel must submit proposed findings or jury charge within 30 days of discovery completion.

Source text: Within 30 days of the completion of discovery, if the case is to be tried before only a Judge without a jury, any parties represented by counsel must submit proposed findings of fact and conclusions of law. If the case will be tried before a jury, any parties represented by counsel must submit a proposed jury charge.

Parties must submit discovery planning report one week before conference.

Source text: No later than one week prior to the conference, the parties shall furnish the Court with a written report of their agreements or disagreements regarding planning of discovery pursuant to Fed. R. Civ. P. 26(t).

Parties must serve pro se party with paper copy of ECF filings and file Affidavit of Service.

Source text: Parties in pro se cases shall serve a pro se party with a paper copy of any document that is filed electronically and file with the Court a separate Affidavit of Service. Submissions filed without proof of service that the pro se party was served with a paper copy will not be considered.

Pro se party must file sworn Pretrial Statement within 30 days of discovery completion with facts, documents, witnesses, and certificate.

Source text: Within 30 days of the completion of discovery unless otherwise ordered by the Court, a pro se party shall file a concise, written Pretrial Statement. This Statement need take no particular form, but it must contain the following: (1) a statement of the facts the pro se party intends to prove at trial; (2) a list of all documents or other physical objects that the party plans to put into evidence at trial; and (3) a list of the names and addresses of all witnesses that the party intends to have testify at trial. The Statement must be sworn by the pro se party to be true and accurate based on the facts known by the party. The pro se party shall file an original of this Statement with the Pro Se Intake Unit and serve a copy on all other parties or their counsel if they are represented. The original Statement must include a certificate stating the date a copy was mailed to the other parties or their attorneys.

Within 30 days of discovery, counsel must submit proposed findings/conclusions (bench trial) or proposed jury charge (jury trial).

Source text: Within 30 days of the completion of discovery, if the case is to be tried before only a Judge without a jury, any parties represented by counsel must submit proposed findings of fact and conclusions of law. If the case will be tried before a jury, any parties represented by counsel must submit a proposed jury charge.

Discovery motions must include a Rule 16.1 affidavit.

Source text: Any discovery motion must contain the Rule 16.1 affidavit.

Bail modification requests must indicate Government and Pre-Trial Services Officer consent status.

Source text: Any written request for a bail modification by a defendant shall indicate whether the Government and the Pre-Trial Services Officer consent to the request.

Plea agreements, cooperation agreements, and Pimentel letters must be emailed to chambers at least two business days before the scheduled plea.

Source text: When a defendant is pleading guilty pursuant to a plea agreement or a cooperation agreement, or where the Government is providing a Pimentel letter, a copy of the relevant document ordinarily must be emailed to the Court (ca02_AJNchambers@ca2.uscourts.gov) at least two business days before the scheduled plea.

Proposed voir dire, jury instructions, and verdict forms must be ECF filed two weeks before trial and emailed as Word documents to chambers.

Source text: Unless otherwise ordered, proposed voir dire, jury instructions, and verdict forms shall be ECF filed two weeks prior to the trial date. At the time of ECF filing, each party should also email copies of these documents, as Microsoft Word documents, to ca02_AJNchambers@ca2.uscourts.gov.

Government must provide three hard copies of exhibit list and one set of pre-marked exhibits in binder or folders at trial start.

Source text: At the start of the trial, the Government must provide the Court with three hard copies of the exhibit list, and one set of pre-marked documentary exhibits and Section 3500 material assembled sequentially in a loose leaf binder, or in separate manila folders labeled with the exhibit numbers and placed in a suitable container for ready reference.

Defendant sentencing submissions due one week before sentencing; Government submissions due three days before.

Source text: Unless otherwise ordered by the Court, a defendant's sentencing submission shall be served one week in advance of the sentencing date; the Government's sentencing submission shall be served three days in advance of the sentencing date.

All motions and applications must follow the Court's Individual Rules.

Source text: All motions and applications shall be governed by the Court’s Individual Rules.

Motion papers must include table of authorities with accurate pin/jump citations.

Source text: Motion papers shall consist of moving papers, answering papers, and the moving party's reply papers (when permitted). Any legal memoranda must include a table of authorities, arranged alphabetically, with case citations including accurate pin or jump citations.

Parties must file motion papers with clerk on same date as service.

Source text: Each party must file its respective papers with the Clerk of the Court on the same date that such papers are served.

Civil parties must email Chambers a case management report and proposed plan 3 business days before initial conference.

Source text: No later than three business days prior to the initial conference, the parties to a civil case must email Chambers a written report of their agreements or disagreements regarding case management and discovery and a proposed Case Management Plan in a form corresponding to the Court’s Case Management Order Form (Form D).

Discovery and post-discovery motions must be completed before trial-ready date set by Court.

Source text: In formulating their Case Management Plan, the parties should bear in mind that all discovery and post-discovery motion practice must be completed prior to the trial-ready date set by the Court, which will appear on the Form D furnished to the parties along with the notice of the initial conference.

Interrogatories limited to Local Civil Rule 33.3(a); depositions limited to 1 business day without leave.

Source text: Interrogatories are strictly limited to those authorized by Local Civil Rule 33.3(a), and no deposition may extend beyond one business day without prior leave of the Court.

Court will issue binding Case Management Order requiring trial readiness within 5 months.

Source text: At the initial conference, the Court will issue a binding Case Management Order that, in most cases, will require the case to be ready for trial within five months of the date thereof.

Redline required for any modifications to Court’s Form D beyond filling blanks.

Source text: If the parties submit a proposed case management plan that makes any modification to the Court’s Case Management Order Form (Form D) other than filling in the blank lines, they must submit a redline indicating any change from the Court’s Form D.

Trial-pending exchanges required 21 days before trial (instead of 30).

Source text: The trial-pending exchanges among the parties mandated by Fed. R. Civ. P. 26(a)(3) shall be strictly enforced, except that the disclosures prescribed therein may be made 21 (instead of 30) days before trial.

Parties must jointly file proposed Pretrial Consent Order 1 week before trial with courtesy copy.

Source text: In addition, in all civil cases, the parties shall jointly file with the Court, no later than one week prior to trial, a proposed Pretrial Consent Order (plus a courtesy hard copy of same for submission to Chambers) consisting of the following items:

Pretrial Consent Order must include joint case overview.

Source text: (i) A joint overview of the case.

Pretrial Consent Order must include particularized description of all claims (waiver if omitted).

Source text: (ii) A particularized description of each party’s remaining claims, counterclaims, cross-claims, or third-party claims (failure to specify which will be deemed a waiver).

Pretrial Consent Order must include particularized statement of agreed facts and stipulations.

Source text: (iii) A particularized statement of the specific facts, stipulations, admissions, and other matters on which the parties agree.

Pretrial Consent Order must include particularized contentions of disputed facts; non-jury cases require proposed findings post-trial.

Source text: (iv) Each party’s particularized contentions as to the specific facts that are disputed. (In addition, in non-jury cases, the parties, following trial, will be required to submit proposed findings of fact, with citations to the record, and proposed conclusions of law.)

Pretrial Consent Order must include particularized statement of relief/damages claimed with amounts.

Source text: (v) A particularized statement of the injunctive relief, declaratory relief, and/or damages claimed (including amounts) for each claim, counterclaim, cross-claim, or third-party claim.

Criminal parties must deliver witness and exhibit lists to Chambers 3 business days before trial.

Source text: Each of the parties in a criminal case must deliver to the Courthouse mailroom for delivery directly to Chambers at least three business days before trial: (a) a final and binding list of the witnesses that the party expects to call (other than the defendant), in the likely order of appearance, and (b) a list of the exhibits that the party expects to offer on its direct case.

Civil parties must deliver marked-up deposition transcripts to Chambers 3 business days before trial.

Source text: (a) In all civil cases, the parties shall deliver to the Courthouse mailroom for delivery directly to Chambers at least three business days before trial marked-up copies of the portions of deposition transcripts that each party intends to use at trial, with particularized objections noted thereon in accordance with Fed. R. Civ. P. 26(a)(3).

During trial, parties must tender 2 copies of exhibits to bench when offering them.

Source text: (b) In all civil and criminal trials, the parties during trial shall tender to the bench two copies of any exhibit a party seeks to offer into evidence at the same time the party hands the original exhibit to a witness during an examination. Plaintiff’s and defendant’s exhibits shall both be marked by numbers (e.g., “Plaintiff’s Exhibit 1,” “Defendant’s Exhibit 1”).

Proposed jury charges must be submitted 1 week before trial, with exceptions for unexpected issues.

Source text: In all jury cases, whether civil or criminal, proposed jury charges must be submitted to the Court at least one week before trial. Any proposed jury charge submitted thereafter will not be considered by the Court, except upon a showing that the proposed charge relates to an issue that could not reasonably have been expected to arise at trial.

Proposed voir dire requests must be submitted 3 business days before jury selection.

Source text: In all jury cases, whether civil or criminal, proposed voir dire requests must be submitted to the Court at least three business days before the start of jury selection.

Settlement stipulations cannot provide for reopening within 30 days or jurisdiction beyond 30 days (except injunctive relief).

Source text: Except for good cause shown, no such stipulation shall provide for the reopening of the case within 30 days after dismissal or that provides for the Court to retain jurisdiction for more than 30 days following dismissal except to enforce injunctive relief.

Sentencing normally within 90 days of guilty plea/conviction, except for cooperation agreements.

Source text: Sentencing will normally take place within 90 days of the entry of a guilty plea or finding of guilt at trial, except in the case of defendants who have entered into “cooperation agreements” with the Government.

Cooperating defendants must propose sentencing date at plea to allow time for substantial assistance demonstration.

Source text: With respect to cooperating defendants, counsel will be required at the time of plea to propose a sentencing date that will give the defendant adequate opportunity to demonstrate substantial assistance and provide the Court with adequate opportunity to assess such assistance.

Adopted sentencing dates for cooperating defendants cannot be extended beyond 3 years from plea date.

Source text: If adopted by the Court, such sentencing date will not be further extended except upon a showing of unusual circumstances, and in no event will sentencing be adjourned beyond three years from the date of plea.

Sentencing submissions due one week before sentencing; responses due two business days before.

Source text: Any written submission relating to any sentence must be submitted to the Court at least one week before the date of sentencing, and any response thereto must be submitted to the Court at least two business days before the date of sentencing.

Brady Material must be disclosed to defense counsel on specific schedule

Source text: Materials and information required to be disclosed pursuant to Brady v. Maryland and its progeny (“Brady Material”) – whether in written or recorded format, or otherwise – must be disclosed to defense counsel according to the following schedule:

Brady Material known at indictment must be disclosed within 2 weeks of filing

Source text: (1) Brady Material known to the Government at the time of indictment – other than purely impeachment materials and information required to be produced pursuant to Giglio v. United States and its progeny (“Giglio Material”) – must be produced to defense counsel no later than two weeks following the date of the filing of the indictment, regardless of whether the parties are engaged in plea discussions.

Brady Material discovered after indictment must be disclosed within 2 weeks or 4 weeks before trial/plea

Source text: (2) Brady Material (other than Giglio Material) that becomes known to the Government following filing of the indictment must be disclosed, absent exceptional circumstances, within two weeks of when it becomes known and, in any event, no later than four weeks prior to any trial or guilty plea.

Giglio Material must be disclosed 4 weeks before trial or guilty plea

Source text: (3) Absent exceptional circumstances, Giglio Material must be disclosed four weeks prior to the date of the start of trial or guilty plea.

Government must continue seeking Brady/Giglio Material from law enforcement agencies

Source text: (4) To achieve adequate compliance with the foregoing rules, the Government has a continuing obligation to seek Brady Material and Giglio Material from law enforcement and regulatory agencies that are or have been involved in the prosecution of the defendant or in parallel proceedings or investigations involving the defendant.

Brady/Giglio disclosure schedules apply regardless of other procedural rules

Source text: (5) The above time-tables, being necessary to fulfill the constitutional obligations imposed by Brady v. Maryland, Giglio v. United States, and their progeny, apply regardless of whether the Brady Material and Giglio Material also happen to be producible pursuant to the Federal Rules of Criminal Procedure or the Jencks Act and the time-tables applicable thereto.

Adjournment requests on ECF require simultaneous hard copy or fax to Chambers.

Source text: DO NOT file requests for adjournments or extensions of time on ECF without also sending a hard copy or fax of the request to Chambers. (See 1(B)(ii).)

All motions must include a table of contents listing all affidavits and exhibits.

Source text: All motions, and courtesy copies of all motions, shall include a table of contents listing all affidavits and exhibits.

Parties must refer to existing exhibits and not duplicate them.

Source text: Parties shall refer to exhibits already filed and not duplicate them.

Letter motions and oppositions are not accepted.

Source text: Letter motions or oppositions will not be accepted.

Disputes must be described in a single jointly composed letter.

Source text: Unless directed otherwise, counsel shall describe their disputes in a single letter, jointly composed.

Separate and successive letters will be returned unread.

Source text: Separate and successive letters will be returned, unread.

Meet and confer rule must be strictly followed and described in joint submission.

Source text: Strict adherence to the meet and confer rule is required and should be described in the joint submission as to time, place and duration, naming the counsel involved in the discussion.

Court will not resolve disputes not brought in conformity with this rule.

Source text: The Court will not resolve disputes not brought to its attention in conformity with this rule.

Default judgment motions require proof of service and agency relationship or compliance description.

Source text: Plaintiffs moving for a default judgment shall attach proofs of service and of either the agency relationship between the Defendant and the individual who received process, or a description of compliance with the rule or statute pursuant to which service was made.

Entity default judgments require charter copy and entity type discussion.

Source text: If a default judgment is sought against an entity, plaintiff shall include in their supporting papers a copy of the charter of said entity, along with a discussion of how service was made and what kind of legal entity the Defendant is, including any corporate designations.

Joint pretrial order due 3 days before final pretrial conference.

Source text: The parties shall submit, three days prior to that conference, for the Court’s approval, a joint pretrial order, which shall include the following:

Pretrial filings due by court-set date, no later than 3 days before pretrial conference.

Source text: On or before a date set by the Court, and no later than three days before the final pretrial conference, each party shall submit, in duplicate:

All motions and courtesy copies must include a table of contents listing affidavits and exhibits.

Source text: All motions, and courtesy copies of all motions, shall include a table of contents listing all affidavits and exhibits.

Letter motions and letter oppositions are prohibited.

Source text: Letter motions or oppositions will not be accepted.

Disputes must be submitted in a single joint letter describing meet and confer efforts; separate letters rejected.

Source text: Unless directed otherwise, counsel shall describe their disputes in a single letter, jointly composed. Separate and successive letters will be returned, unread. Strict adherence to the meet and confer rule is required and should be described in the joint submission as to time, place and duration, naming the counsel involved in the discussion.

Proposed case management plan must be filed via ECF 48 hours before initial conference.

Source text: No later than 48 hours prior to an initial conference, counsel shall file, via ECF, a proposed case management plan, using the template attached to these individual Rules.

Default judgment motions must include proofs of service and entity documentation.

Source text: Plaintiffs moving for a default judgment shall attach proofs of service and of either the agency relationship between the Defendant and the individual who received process, or a description of compliance with the rule or statute pursuant to which service was made. If a default judgment is sought against an entity, plaintiff shall include in their supporting papers a copy of the charter of said entity, along with a discussion of how service was made and what kind of legal entity the Defendant is, including any corporate designations.

Joint pretrial orders must include caption, counsel info, jurisdiction statements, claims/defenses summary, marked pleadings, jury/trial estimate, magistrate consent, witness lists, and exhibit lists.

Source text: The parties shall submit, three days prior to that conference, for the Court's approval, a joint pretrial order, which shall include the following: i. The full caption of the action, omitting all dismissed parties. ii. The names, addresses (including firm names), e-mail addresses, and telephone and fax numbers of trial counsel. iii. A brief statement by plaintiff as to the basis of subject matter jurisdiction, and a brief statement by each other party as to the presence or absence of subject matter jurisdiction. iv. A brief summary of the claims and defenses to be tried, without recital of evidentiary matter but including citations to all statutes and cases relied on. v. A copy of the pleadings marked to show, for each claim and defense, in the margin next to each allegation thereof, the admissions and denials. vi. A statement as to whether the case is to be tried with or without a jury, and the estimated number of trial days. vii. A statement as to whether or not all parties have consented to trial of the case by a magistrate judge. ix. A list of each party's witnesses actually intended to be called, and, if the witness cannot be present and will testify through deposition, the precise portions of deposition transcripts actually intended to be introduced together with any cross-designations and objections by any other party. x. A list of exhibits actually intended to be offered at trial, indicating exhibits to which no party objects on grounds of authenticity and exhibits to which no party objects on any ground.

Parties must submit pretrial memoranda, proposed jury charges/voir dire (jury trials), or proposed findings/conclusions (non-jury trials) no later than 3 days before final pretrial conference, in duplicate.

Source text: On or before a date set by the Court, and no later than three days before the final pretrial conference, each party shall submit, in duplicate: i. For jury and non-jury trials, a pretrial memorandum, describing the party's position on the factual and legal issues to be tried. ii. For jury trials, proposed requests to charge and proposed voir dire questions. iii. For non-jury trials, proposed findings of fact and conclusions of law for each claim and defense.

Parties seeking collective action notice approval must use the attached template.

Source text: Parties moving the Court to approve a collective action notice shall use the template attached.

Docket numbers required on all submissions to the Court.

Source text: Docket numbers must appear on all submissions to the Court.

Docket numbers must appear on all submissions to the Court.

Source text: Docket numbers must appear on all submissions to the Court.

Master caption required for group filings; individual and master docket numbers required for case-specific filings.

Source text: If a filing relates to all of the cases within a group, the master caption should be used. If a filing relates to specific case, the individual docket number and the master docket number should appear on the filing.

Pro se parties must be served on letters/motions from represented parties

Source text: In pro se cases, letters and letter-motions filed via ECF by represented parties must also be served on the pro se parties (unless they have consented to electronic service via ECF). Counsel must indicate the mode of service in the letter to the Court and must also file a proof of service.

Settlement notification must be promptly provided by letter

Source text: If the parties have settled while a motion is pending, or shortly before a scheduled conference or hearing, they must promptly so advise the Court, by letter, in order to avoid unnecessary expenditure of judicial resources.

Summary judgment motions require electronic Word copy of Statement of Material Facts.

Source text: The moving party must provide all other parties with an electronic copy, in Microsoft Word format, of the moving party's Statement of Material Facts pursuant to Local Civ. R. 56.1.

Opposition to summary judgment must reproduce each paragraph with response beneath.

Source text: The opposing party must reproduce each paragraph of the moving party's Statement of Material Facts, with the opposing party's response directly beneath.

Summary judgment statements must cite specific evidentiary material, not general references.

Source text: As required by Local Civ. R. 56.1(d), each statement of undisputed material fact and response thereto shall be followed by a citation to the specific evidentiary material that supports the statement or response, e.g., "Bennett Deposition Tr. 3:15-4:20," or "Salim Interrog. Resp. No. 18." General references to a "transcript," "interrogatory responses," or the like are inadequate.

Motions for reconsideration must comply with Local Civ. R. 6.3.

Source text: Motions for reconsideration must comply with the requirements of Local Civ. R. 6.3.

Exhibits must be pre-marked with numbers for plaintiffs and letters for defendants.

Source text: Each exhibit shall be pre-marked (plaintiff to use numbers, defendant to use letters).

In pro se cases, represented parties must serve pro se parties and file proof of service.

Source text: In pro se cases, letters and letter-motions filed via ECF by represented parties must also be served on the pro se parties (unless they have consented to electronic service via ECF). Counsel must indicate the mode of service in the letter to the Court and must also file a proof of service.

Moving party must provide electronic copy of Statement of Material Facts in Word format for summary judgment motions.

Source text: The moving party must provide all other parties with an electronic copy, in Microsoft Word format, of the moving party's Statement of Material Facts pursuant to Local Civ. R. 56.1.

LR 56.1 statements and responses must cite specific evidentiary material; general references are inadequate.

Source text: As required by Local Civ. R. 56.1(d), each statement of undisputed material fact and response thereto shall be followed by a citation to the specific evidentiary material that supports the statement or response, e.g., "Bennett Deposition Tr. 3:15-4:20," or "Salim Interrog. Resp. No. 18." General references to a "transcript," "interrogatory responses," or the like are inadequate.

Letter-motion for sealing must be public, explain reasons, and not include confidential information.

Source text: The letter-motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal, and should not include any of the confidential information sought to be filed under seal.

Joint Pretrial Order due within 30 days after discovery or summary judgment decision, must include caption and counsel contact info.

Source text: The parties shall submit to the Court for its approval a proposed Joint Pretrial Order within 30 days after the date for the completion of discovery, or, if a summary judgment motion has been filed, within 30 days after the decision on the motion. The proposed Joint Pretrial Order shall be signed by all parties and include the following: i. The full caption of the action. ii. The names and addresses of trial counsel, together with their office and cellular telephone numbers, fax numbers, and email addresses.

Pro se parties must provide and promptly update contact information with the Court.

Source text: A pro se party must provide the Court and opposing parties with his or her address, telephone number, and email address, and must promptly update the Court and opposing parties if that information changes

Confidential deposition transcripts must be bound separately and marked with specific confidentiality language.

Source text: Deposition testimony may be designated as "Confidential" either on the record during the deposition or in writing within five (5) business days of receipt of the transcript. If so designated, the final transcript of the designated testimony shall be bound in a separate volume and marked "Confidential Information Governed by Protective Order" by the reporter.

Receiving persons must provide certification of counsel confirming return or destruction of inadvertently disclosed privileged materials within 5 business days.

Source text: If a disclosing person makes a claim of inadvertent disclosure, all receiving persons shall, within five (5) business days, return or destroy all copies of the Inadvertently Disclosed Information, and provide a certification of counsel that all such information has been returned or destroyed.

Letters to Chambers must identify the case, docket number, and represented party.

Source text: All letters must provide the name of the case and its docket number, and must state the name of the party that counsel represents.

In related cases, future papers and correspondence must list both the new case docket number and related-case docket number.

Source text: After an action has been accepted as related to a prior filing, all future court papers and correspondence must contain the docket number of the new filing, as well as the docket number of the case to which it is related.

In pro se cases, the represented party must file the entire motion on ECF.

Source text: In cases involving pro se litigants, the party represented by counsel is responsible for filing the entire motion on ECF.

Each numbered paragraph in a Rule 56.1 statement may contain only one factual assertion.

Source text: The 56.1 Statement must contain only one factual assertion in each numbered paragraph.

Every factual assertion in a Rule 56.1 statement must include a citation to supporting evidence in the record.

Source text: Each factual assertion must be followed by a citation to the portion(s) of the evidentiary record relied upon.

A Rule 56.1 response must identify admissions and disputes, explain the basis for disputes, and cite supporting record evidence.

Source text: The response must state specifically what is admitted and what is disputed, and the basis for any dispute, citing specific portions of the evidentiary record relied upon.

If the opponent adds additional factual allegations, the moving party must file a responsive Rule 56.1 statement.

Source text: If additional factual allegations are made by the opponent, the moving party must file a responsive 56.1 Statement addressing the additional assertions.

Multiple parties filing Rule 56.1 statements must coordinate numbering so paragraphs are consecutive and non-overlapping.

Source text: If multiple parties are submitting 56.1 Statements, they must coordinate their statements to provide for consecutive, non-overlapping, numbered paragraphs in their respective statements.

In civil cases, parties must file a joint pretrial order on ECF within 30 days after discovery closes or within 30 days after decision on a dispositive motion.

Source text: Unless otherwise ordered by the Court, within 30 days after the date for completion of discovery in a civil case, or, if a dispositive motion has been filed, within 30 days of its decision, the parties should file on ECF a joint pretrial order,

The joint pretrial order must include the full caption of the action.

Source text: The full caption of the action.

The joint pretrial order must list trial counsel names and full contact details.

Source text: The names, addresses (including firm names), email addresses, and telephone and fax numbers of trial counsel.

The joint pretrial order must include party jurisdiction statements with statutory citations and relevant jurisdictional facts.

Source text: A brief statement by plaintiff as to the basis of subject matter jurisdiction, and a brief statement by each other party as to the presence or absence of subject matter jurisdiction. Such statements should include citations to all statutes relied on and relevant facts as to citizenship and jurisdictional amount.

The joint pretrial order must summarize remaining claims/defenses with statutory citations and identify claims/defenses no longer being tried.

Source text: A brief summary by each party of the claims and defenses that party has asserted that remain to be tried, without recital of evidentiary matter but including citations to all statutes relied on. The parties should also identify all claims and defenses previously asserted that are not to be tried.

The joint pretrial order must state whether trial is jury or nonjury and estimate trial length in days.

Source text: A statement by each party as to whether the case is to be tried with or without a jury, and the number of trial days needed.

The joint pretrial order must state whether all parties consent to trial before a magistrate judge, without identifying individual positions.

Source text: A statement as to whether all parties have consented to trial of the case by a magistrate judge (without identifying which parties have or have not so consented).

The joint pretrial order must include stipulations or agreed statements of fact or law.

Source text: Any stipulations or agreed statements of fact or law.

The joint pretrial order must include witness lists, brief role/testimony descriptions, and any party objections.

Source text: A list of the witnesses each party expects to call on its case in chief, including a very brief description of the witness’s role and/or the subject matter of his or her anticipated testimony, and a statement as to whether any other party objects to the witness.

The joint pretrial order must include deposition designations plus cross-designations and objections.

Source text: A designation by each party of deposition testimony to be offered in its case in chief, with any cross-designations and objections by any other party.

The joint pretrial order must include exhibit lists and identify objections with their nature.

Source text: A list by each party of exhibits to be offered in its case in chief, with an indication of whether any party objects to the exhibit and a brief statement of the nature of the objection (e.g., “relevance,” “authenticity,” “hearsay”).

The joint pretrial order must state damages sought for each claim and explain the calculation method.

Source text: damages sought with respect to each claim, including the manner and method used to calculate the claimed damages.

The joint pretrial order must state whether parties consent to a less-than-unanimous verdict.

Source text: A statement as to whether the parties consent to a less than unanimous verdict.

In civil cases, pretrial filings are due 21 days before trial; represented parties file on ECF and pro se litigants may file by regular mail.

Source text: Unless otherwise ordered by the Court, each party should file on ECF (pro se litigants should file via regular mail) the following documents 21 days before the date of commencement of trial:

In jury civil cases, parties must submit proposed voir dire questions, requests to charge, and a verdict form.

Source text: In jury cases, proposed voir dire questions, requests to charge and verdict form.

Plaintiff’s proposed voir dire must include an agreed explanatory paragraph, or separate designated paragraphs if no agreement is reached after good-faith efforts.

Source text: The plaintiff’s proposed voir dire questions should include an agreed-upon paragraph (designated as such) for the Court to use in voir dire to provide the jury panel with a brief explanation of the case. If the parties cannot agree on such a paragraph after good-faith efforts, their respective proposed paragraphs (designated as such) should be set forth in their respective voir dire submissions.

Every proposed jury instruction must cite its source authority.

Source text: Each proposed jury instruction must contain a citation to the source/authority for the proposed instruction.

In nonjury civil cases, parties must submit proposed findings of fact and conclusions of law.

Source text: In nonjury cases, proposed findings of fact and conclusions of law.

Proposed findings must be detailed, and proposed conclusions must state elements of each claim or defense.

Source text: Proposed findings of fact should be detailed, and proposed conclusions of law should include a statement of the elements of each claim or defense.

Parties must file motions in limine addressing evidentiary or other issues to be resolved before trial.

Source text: In all cases, motions addressing any evidentiary or other issues that should be resolved in limine; and

Represented parties must file opposition submissions within one week after a Section 4.B filing, while pro se litigants may file by regular mail.

Source text: Unless otherwise ordered by the Court, any represented party should file on ECF the following documents within 1 week of the filing of any document described in Section 4.B. above (pro se litigants may file via regular mail):

Opposition filings may include objections to the other party’s proposed voir dire questions or requests to charge.

Source text: Objections to the other party’s proposed voir dire questions or requests to charge.

Opposition filings may include opposition to any motion in limine.

Source text: Opposition to any motion in limine.

Opposition filings may include opposition to legal arguments raised in a pretrial memorandum.

Source text: Opposition to any legal argument made in a pretrial memorandum.

A sealing motion must be filed publicly, must explain specific reasons for sealing, and should not disclose the confidential information at issue.

Source text: 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.

Attorneys need prior Court Order authorization to bring non-personal electronic equipment into the courthouse.

Source text: In order for an attorney to bring into the Courthouse any computer, printer, or other electronic equipment not qualifying as a “personal electronic device,” specific authorization is required by prior Court Order.

The authorization order must be presented when bringing approved equipment into the courthouse.

Source text: The Order must be shown upon bringing the equipment into the Courthouse.

A certificate of default filing requires both a request for entry of default and a proposed clerk’s certificate submitted to the Clerk.

Source text: To file for a certificate of default, parties must submit to the Clerk of the Court a “request for entry of default” and a proposed “clerk’s certificate.”

The signed certificate must be attached to the default judgment at electronic filing.

Source text: This signed certificate is to be attached to the default judgment when the default judgment is electronically filed.

Service on defaulting parties must be by certified mail, and plaintiff should provide the tracking number to the Court.

Source text: Service on the defaulting parties must be made by certified mail and the plaintiff should submit the tracking number to the Court.

A default judgment request must not exceed the principal amount demanded in the complaint.

Source text: A request for an amount equal to or less than the principal amount demanded in the complaint;

A default judgment submission must include definitive information and documentation sufficient to calculate the proposed judgment amount.

Source text: Definitive information and documentation such that the amount provided for in the proposed judgment can be calculated. (If this requirement cannot be satisfied, a default judgment may be granted as to liability, and damages will be determined by an inquest);

A default judgment submission must include an affidavit stating what portion of the sought judgment has not been paid.

Source text: An affidavit representing that no part of the judgment sought has been paid, other than as indicated in the motion;

A default judgment submission must include the calculations used to reach the proposed judgment amount.

Source text: The calculations made in arriving at the proposed judgment amount.

A sentencing memorandum filing must be marked as such and clearly show caption and docket number.

Source text: A party should group and file the letters together as attachments to a single document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated.

Paper sentencing memorandum filings must be marked and include caption and docket number.

Source text: A party should group all letters together in a single paper filing under a cover marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated and submit it to the Clerk’s Office.

An application for additional redactions must clearly identify the redaction.

Source text: The application should clearly identify the redaction

Summary judgment requires 56.1 Statement with one factual assertion per paragraph and citations

Source text: Except in pro se cases, the moving party should provide all other parties with an electronic copy of the moving party's Statement of Material Facts Pursuant to Local Civil Rule 56.1. The 56.1 Statement must contain only one factual assertion in each numbered paragraph. Each factual assertion must be followed by a citation to the portion(s) of the evidentiary record relied upon.

56.1 Response must admit/dispute facts with citations and may add numbered paragraphs

Source text: Opposing parties the opposing party's response directly beneath it. The response must state specifically what is admitted and what is disputed, and the basis for any dispute, citing specific portions of the evidentiary record relied upon. The response may go on to make additional factual allegations in paragraphs numbered consecutively to those of the moving party (i.e., do not begin re-numbering at 1). If additional factual allegations are made by the opponent, the moving party must file a responsive 56.1 Statement addressing the additional assertions.

Principal trial counsel must appear at all conferences with the Court

Source text: The attorney who will serve as principal trial counsel must appear at all conferences with the Court.

Personal injury cases require medical authorizations to defendant before initial pretrial conference

Source text: In any case involving allegations of personal injury – whether physical, psychological, emotional or otherwise – the plaintiff is to provide to the defendant, prior to the initial pretrial conference, all necessary medical authorizations.

Joint pretrial order must be filed within 30 days after discovery completion or dispositive motion decision

Source text: Unless otherwise ordered by the Court, within 30 days after the date for completion of discovery in a civil case, or, if a dispositive motion has been filed, within 30 days of its decision, the parties should file on ECF a joint pretrial order

Parties must file pretrial documents 21 days before trial commencement

Source text: Unless otherwise ordered by the Court, each party should file on ECF (pro se litigants should file via regular mail) the following documents 21 days before the date of commencement of trial

In jury cases, parties must file proposed voir dire, requests to charge, and verdict form 21 days before trial

Source text: In jury cases, proposed voir dire questions, requests to charge and verdict form. The plaintiff's proposed voir dire questions should include an agreed-upon paragraph (designated as such) for the Court to use in voir dire to provide the jury panel with a brief explanation of the case

Each proposed jury instruction must include citation to source/authority

Source text: Each proposed jury instruction must contain a citation to the source/authority for the proposed instruction

In nonjury cases, parties must file detailed proposed findings of fact and conclusions of law with elements

Source text: In nonjury cases, proposed findings of fact and conclusions of law. Proposed findings of fact should be detailed, and proposed conclusions of law should include a statement of the elements of each claim or defense

In all cases, parties must file motions in limine 21 days before trial

Source text: In all cases, motions addressing any evidentiary or other issues that should be resolved in limine

Represented parties must file opposition documents within 1 week of opposing party's pretrial filings

Source text: Unless otherwise ordered by the Court, any represented party should file on ECF the following documents within 1 week of the filing of any document described in Section 4.B. above

Parties may file objections to opposing party's proposed voir dire questions or requests to charge

Source text: Objections to the other party's proposed voir dire questions or requests to charge

Parties may file opposition to opposing party's motions in limine

Source text: Opposition to any motion in limine

Parties may file opposition to legal arguments in opposing party's pretrial memorandum

Source text: Opposition to any legal argument made in a pretrial memorandum

Parties must serve but not file additional documents when joint pretrial order is filed

Source text: At the time the joint pretrial order is filed, each party should serve, but not file, the following

Certificate of service required for default judgment motion, certified mail service with tracking number

Source text: A certificate of service complying with Local Civil Rule 55.2(c). Service on the defaulting parties must be made by certified mail and the plaintiff should submit the tracking number to the Court.

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.

Source text: 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.

The pre-conference letter must be marked confidential and must NOT be shared with opposing parties — it is submitted to the Court only.

Source text: 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.

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.

Source text: The letter should include, at a minimum, 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.

Parties themselves — not only their attorneys — must personally attend the settlement conference.

Source text: 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.

Source text: 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.

Government agency parties must be accompanied by a knowledgeable agency representative; NYC Comptroller cases require a Comptroller representative with unlimited settlement authority.

Source text: 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.

Failure to comply with attendance requirements may result in the non-complying party being required to reimburse other parties' time and travel expenses and face other sanctions.

Source text: 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.

FLSA settlements require court or DOL approval; counsel must explain why the settlement terms are fair and reasonable.

Source text: 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.

File letters seeking relief as letter-motions on ECF, not ordinary letters.

Source text: When permitted by the S.D.N.Y. Local Rules and the S.D.N.Y. Electronic Case Filing Rules and Instructions, letters seeking relief should be filed on ECF as letter-motions, not as ordinary letters.

Sur-replies require prior Court permission.

Source text: Sur-reply memoranda will not be accepted without prior permission of the Court.

Appendices to memoranda of law must be indexed.

Source text: All appendices to memoranda of law must be indexed.

Lead Trial Counsel must appear at all conferences with authority to bind parties.

Source text: Lead Trial Counsel must appear at all conferences with the Court, must have authority to bind the party they represent consistent with the proceeding (for example, by agreeing to a discovery or briefing schedule), and should be prepared to address any matters likely to arise at the proceeding.

Principal decision-makers must attend final pretrial conference and trial.

Source text: Principal decision-makers must attend the final pretrial conference and the trial.

Letter-motion must state dates/times, duration, participants, and impasse notification of conferences.

Source text: Any letter-motion seeking relief must state: (1) the dates and times of each conference conducted pursuant to Paragraph 5(B)–(C); (2) the duration of these conferences; (3) the names of the attorneys who participated; and (4) that the moving party informed the adversary during the last conference that the moving party believed the parties to be at an impasse.

Letter-motions must state that Lead Trial Counsel conference occurred.

Source text: The letter-motion must specifically state that the required Lead Trial Counsel conference occurred.

Deposition objections must be concise, nonargumentative, and nonsuggestive.

Source text: All objections during a deposition must be 'stated concisely in a nonargumentative and nonsuggestive manner.' Fed. R. Civ. P. 30(c)(2).

Request oral argument by marking 'ORAL ARGUMENT REQUESTED' on cover page.

Source text: A party may request oral argument by indicating 'ORAL ARGUMENT REQUESTED' on the cover page of its memorandum of law.

Motions to dismiss must include non-argumentative charts identifying elements not plausibly alleged.

Source text: In any motion to dismiss arguing that a pleading fails to plausibly allege a claim, the supporting papers must clearly indicate the specific claim elements that the moving party believes have not been plausibly pleaded. In response, the non-moving party must identify the specific paragraphs in the pleading that the non-moving party believes plausibly allege those specific elements. The moving party must attach a non-argumentative chart as an exhibit to its moving papers identifying the elements not plausibly alleged, and the non-moving party must attach a responsive, non-argumentative exhibit to its responsive papers identifying the paragraphs of the complaint that plausibly allege those elements.

Motion to amend must include redline showing differences from operative pleading.

Source text: When moving to amend any pleading, the moving party shall—in accordance with Paragraph 2(B) above—file with the motion a redline showing all differences between the operative pleading and the proposed amended pleading.

Opposing parties must reproduce and respond to each entry in Rule 56.1 Statement.

Source text: Opposing parties must reproduce each entry in the moving party's Rule 56.1 Statement and set out the opposing party's response directly beneath it.

Memoranda of law must include background and facts sections; cannot merely incorporate Rule 56.1 statements.

Source text: Memoranda of law should include sections discussing the relevant background and facts. Parties should not merely incorporate by reference their Local Rule 56.1 Statements or Counterstatements.

Notice TRO applications require simultaneous ECF filing, service, and email to Chambers.

Source text: If the party is prepared to seek relief on notice to the adverse party, the party seeking relief should simultaneously file its papers on ECF, serve them on all other parties, and then email Chambers.

Joint pretrial order must be filed on ECF and emailed to Court 14 days before final pretrial conference.

Source text: Unless otherwise ordered by the Court, at least 14 days prior to the scheduled final pretrial conference, the parties shall both file on ECF, as a “Joint Pretrial Statement,” and submit by email to the Court a proposed joint pretrial order, which shall include the following:

Motions in limine must be filed with joint pretrial order, with single memorandum of law per party

Source text: Unless otherwise ordered by the Court, each party shall file and serve with the joint pretrial order: in all cases, motions addressing any evidentiary issues or other matters that should be resolved in limine. Absent leave of the Court, each party must file a single memorandum of law, consistent with Paragraph 8(C) above, in support of all motions in limine filed by that party;

Joint requests to charge, verdict forms, and voir dire questions required in all jury cases

Source text: in all jury cases, joint requests to charge, joint proposed verdict forms, and joint proposed voir dire questions as specified by Paragraph 10(D) below;

Non-jury cases require detailed proposed findings of fact and conclusions of law with citations

Source text: in all non-jury cases, proposed findings of fact and conclusions of law. The proposed findings of fact should be detailed and should include citations to the proffered trial testimony and exhibits, as there may be no opportunity for post-trial submissions. At the time of filing, parties should also submit copies of these documents to the Court by email, both in PDF format and as a Microsoft Word document.

Electronic copies of exhibits required with joint pretrial order, or hard copies in binders/folders if undue burden

Source text: an electronic copy of each exhibit sought to be admitted (with each filename corresponding to the relevant exhibit number—e.g., “PX-1,” “DX-1,” etc.). If submission of electronic copies would be an undue burden on a party, the party may seek leave of Court (by letter-motion filed on ECF) to submit prospective documentary exhibits in hard copy. Each hard copy shall be pre-marked (that is, with an exhibit sticker) and assembled sequentially in a loose-leaf binder (not to exceed 2-1/2 inches in thickness) or in separate manila folders labeled with the exhibit numbers and placed in redweld folders labeled with the case name and docket number;

Exhibit list in Word format with four columns required, parties fill first two columns

Source text: a Microsoft Word document listing all exhibits sought to be admitted, emailed to the court. The list shall contain four columns labeled as follows: (1) “Exhibit Number”; (2) “Description” (of the exhibit); (3) “Date Identified”; and (4) “Date Admitted.” The parties shall complete the first two columns, but leave the third and fourth columns blank, to be filled in by the Court during trial.

Joint trial documents must show differences in track-change format with supporting authority

Source text: joint requests to charge, joint proposed verdict forms, and joint proposed voir dire questions shall be submitted as attachments to the proposed joint pretrial order, with any differing proposals displayed in track-change format and supported by authority or other justification.

Affidavits required for direct testimony of witnesses in non-jury trials, except for certain exceptions

Source text: copies of affidavits constituting the direct testimony of each trial witness, except for the direct testimony of an adverse party, a person whose attendance is compelled by subpoena, or a person for whom the Court has agreed to hear direct testimony live at the trial. The affidavit should be treated as a direct substitute for the witness’s live testimony; that is, counsel should be attentive to the Rules of Evidence (e.g., hearsay and the like) and authenticate any exhibits that will be offered through that witness’s testimony.

List of witnesses to be cross-examined required 3 business days after affidavit submission

Source text: Three business days after submission of such affidavits, counsel for each party shall submit a list of all affiants whom they intend to cross-examine at the trial. Only those witnesses who will be cross-examined need to appear at trial.

Letters seeking relief must be filed as letter-motions, not ordinary letters.

Source text: Letters seeking relief should be filed on ECF as letter-motions in accordance with Paragraph 8(A) below, not as ordinary letters.

Amended or corrected filings must include a redline showing all changes.

Source text: Any amended or corrected filing (including but not limited to amended pleadings) shall be filed with a redline showing all differences between the original and revised filing.

Parties must designate Lead Trial Counsel in their first submission.

Source text: At the outset of each case, or upon reassignment of a matter to this Court, each party must identify to the Court one individual who shall serve as Lead Trial Counsel for that party. This designation must be provided to the Court in the party's first submission (including in reassigned cases).

Attorneys must file a notice of appearance on ECF before appearing before the Court.

Source text: Any attorney appearing before the Court must enter a notice of appearance on ECF.

Discovery dispute letter-motions must include conference dates/times, duration, participating attorney names, and confirmation that impasse was communicated to adversary.

Source text: Any letter-motion seeking relief must state: (1) the dates and times of each conference conducted pursuant to Paragraph 5(B)–(C); (2) the duration of these conferences; (3) the names of the attorneys who participated; and (4) that the moving party informed the adversary during the last conference that the moving party believed the parties to be at an

Privilege logs must include counsel certification of review and good-faith basis for privilege claims.

Source text: Each log and update must include a certification from counsel that counsel has reviewed the withheld or redacted documents, and that there is a good-faith basis to assert privilege over those documents.

Sur-reply memoranda require prior Court permission.

Source text: Sur-reply memoranda will not be accepted without prior permission of the Court.

Appendices to memoranda of law must be indexed.

Source text: All appendices to memoranda of law must be indexed.

Counsel must personally verify accuracy of any research conducted using ChatGPT or similar tools, and bears responsibility for all filings.

Source text: Use of ChatGPT or other such tools is not prohibited, but counsel must at all times personally confirm for themselves the accuracy of any research conducted by these means. At all times, counsel—and specifically designated Lead Trial Counsel—bears responsibility for any filings made by the party that counsel represents.

Motions to dismiss must attach a non-argumentative chart exhibit identifying elements not plausibly alleged.

Source text: In any motion to dismiss arguing that a pleading fails to plausibly allege a claim, the supporting papers must clearly indicate the specific claim elements that the moving party believes have not been plausibly pleaded. In response, the non-moving party must identify the specific paragraphs in the pleading that the non-moving party believes plausibly allege those specific elements. The moving party must attach a non-argumentative chart as an exhibit to its moving papers identifying the elements not plausibly alleged, and the non-moving party must attach a responsive, non-argumentative exhibit to its responsive papers identifying the paragraphs of the complaint that plausibly allege those elements.

Motions to amend must include a redline showing all differences between the operative and proposed amended pleading.

Source text: When moving to amend any pleading, the moving party shall—in accordance with Paragraph 2(B) above—file with the motion a redline showing all differences between the operative pleading and the proposed amended pleading.

Summary judgment motions must include an electronic copy in Microsoft Word format of the Rule 56.1 Statement.

Source text: with an electronic copy, in Microsoft Word format, of the moving party's Statement of Material Facts Pursuant to Local Civil Rule 56.1.

Summary judgment oppositions must reproduce each entry in the moving party's Rule 56.1 Statement with the response directly beneath it.

Source text: Opposing parties must reproduce each entry in the moving party's Rule 56.1 Statement and set out the opposing party's response directly beneath it.

Default judgment motions must be supported by a Certificate from the Clerk (if based on failure to answer) and an attorney's affidavit or declaration.

Source text: The motion must be supported by the following papers: i. if failure to answer is the basis for the default, a Certificate from the Clerk of Court stating that no answer has been filed; ii. an attorney's affidavit or declaration setting forth: 1. the basis for entering a default judgment, including a description of the method and date of service of the summons and complaint; 2. the procedural history beyond service of the summons and complaint, if any;

Joint pretrial order must be filed 14 days before final pretrial conference and submitted by email to the Court.

Source text: A. Joint Pretrial Order. Unless otherwise ordered by the Court, at least 14 days prior to the scheduled final pretrial conference, the parties shall both file on ECF, as a "Joint Pretrial Statement," and submit by email to the Court a proposed joint pretrial order, which shall include the following:

Parties must meet and confer and jointly file a Rule 26(f) report and proposed case management plan no later than one week before the initial CMC.

Source text: 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.

Responses to discovery dispute letter motions must be filed within 3 business days.

Source text: Any responsive letter should be submitted within 3 business days following submission of the letter motion.

Memoranda of 10 or more pages must include a table of contents and a table of authorities; neither counts against length limits.

Source text: 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.

Sur-reply briefs require prior court permission before they may be filed.

Source text: Sur-reply memoranda will not be accepted without prior permission of the Court.

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.

Source text: 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.

Each party must file a Trial Memorandum of Law addressing all expected legal issues; filed simultaneously with the pretrial order.

Source text: Each party must file a Trial Memorandum of Law addressing each issue of law that the party expects to arise at or before trial.

Parties must jointly prepare and submit proposed jury materials including: case statement, voir dire questions, numbered jury instructions, and a verdict form.

Source text: 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.

All appendices to memoranda of law must be indexed.

Source text: All appendices to memoranda of law must be indexed.

Amended filings must include redlines showing changes.

Source text: Any amended or corrected filing shall be filed with a redline showing all differences between the original and revised filing.

AI-generated content must be disclosed with a separate declaration.

Source text: Any party who uses generative artificial intelligence (such as ChatGPT, Harvey, CoCounsel, or Google Bard) to generate any portion of a motion, brief, pleading, or other filing must attach to the filing a separate declaration disclosing the use of artificial intelligence and certifying that the filer has and complies with the filer's Rule 11 obligations.

Requests for relief must include adversary consent status and reasons.

Source text: Any request for relief shall be accompanied by a statement as to whether the opposing party consents to the requested relief and, if not, the reasons given by the adversary for refusing to consent.

Correspondence between counsel cannot be filed except as exhibits.

Source text: Copies of correspondence between counsel shall not be sent to the Court or filed on ECF except as exhibits to an otherwise properly filed document.

Related cases must include both docket numbers in all future filings.

Source text: After an action has been accepted as related to a prior filing, all future court papers and correspondence must contain the docket number of the new filing as well as the docket number of the case to which it is related (e.g., 22-CV-1234 [rel. 21-CV-4321]).

Consolidated cases must file all future papers in the consolidated docket only.

Source text: After two or more actions have been consolidated for all purposes under a single docket number pursuant to Rule 42(a)(2) of the Federal Rules of Civil Procedure, all future court papers and correspondence should be filed only in the docket under which the cases have been consolidated.

Memoranda of 10+ pages require table of contents and table of authorities (excluded from page count).

Source text: Memoranda of 10 pages or more shall contain a table of contents and a table of authorities, neither of which shall count against the page limit.

Motion to amend pleading must include redline showing differences from operative pleading.

Source text: When moving to amend any pleading, the moving party shall file as an attachment to the motion a redline showing all differences between the operative pleading and the proposed amended pleading.

Moving party must provide Rule 56.1 Statement (max 20 pages) in Word format to all parties.

Source text: The moving party 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 (“Rule 56.1 Statement”), limited to 20 pages.

Opposing parties must reproduce and respond to each Rule 56.1 entry; additional statements max 20 pages.

Source text: Opposing parties must reproduce each entry in the moving party’s Rule 56.1 Statement and set out the opposing party’s response directly beneath it. If the opposing party wishes to file their own, additional statements of material fact, it shall begin numbering each entry where the moving party left off. Such additional statements are limited to 20 pages.

Rule 56.1 Statements must contain only factual statements; legal arguments will not be considered.

Source text: A Rule 56.1 Statement may contain only factual statements – any non-factual statements (e.g., legal argument) will not be considered by the Court.

Deposition transcripts for summary judgment must be text-searchable and include an index.

Source text: Deposition transcripts that are supplied in connection with a summary judgment motion, whether in whole or in part, should be text-searchable and include an index.

Default judgment motion requires Clerk’s Certificate, attorney’s affidavit with specific content, proposed judgment, pleadings, and service affidavit.

Source text: The motion must be supported by the following papers: If failure to answer is the basis for the default, a Certificate from the Clerk of Court stating that no answer has been filed; an attorney’s affidavit or declaration setting forth: the basis for entering a default judgment, including a description of the method and date of service of the summons and complaint; the procedural history beyond service of the summons and complaint, if any; legal authority for why such service was proper; whether, if the default is applicable to fewer than all of the defendants, the Court may appropriately order a default judgment on the issue of damages prior to resolution of the entire action; the proposed damages and the basis for each element of damages, including interest, attorney’s fees and costs; and legal authority for why an inquest into damages would be unnecessary; a proposed default judgment; copies of all the operative pleadings; and a copy of the affidavit of service of the summons and complaint.

Motions in limine must be filed with joint pretrial order, with single memorandum per party

Source text: Unless otherwise ordered by the Court, each party shall file and serve with the joint pretrial order: in all cases, motions addressing any evidentiary issues or other matters that should be resolved in limine. Absent leave of the Court, each party must file a single memorandum of law, consistent with Section 4(c) above, in support of all motions in limine filed by that party;

Electronic copies of exhibits must be submitted with joint pretrial order, hard copies allowed with leave

Source text: Unless otherwise ordered by the Court, the parties shall also submit with the joint pretrial order (but not file on ECF): an electronic copy of each exhibit sought to be admitted (with each filename corresponding to the relevant exhibit number, e.g., "PX-1," "DX-1," etc.). If submission of electronic copies would be an undue burden on a party, the party may seek leave of Court (by letter-motion filed on ECF) to submit prospective documentary exhibits in hard copy. Each hard copy shall be pre-marked (i.e., with an exhibit sticker) and assembled sequentially;

Joint requests to charge, verdict forms, and voir dire questions required for jury trials

Source text: Unless otherwise ordered by the Court, in all jury trials, joint requests to charge, joint proposed verdict forms, and joint proposed voir dire questions shall be submitted as attachments to the proposed joint pretrial order, with any differing proposals displayed side-by-side or sequentially and supported by authority or other justification.

Affidavits for direct testimony required for non-jury trials, with exceptions

Source text: Unless otherwise ordered by the Court, at the time the joint pretrial order is filed, each party in a non-jury trial shall submit to the Court by email and serve on opposing counsel, but not file on ECF, the following: copies of affidavits constituting the direct testimony of each trial witness, except for the direct testimony of an adverse party, a person whose attendance is compelled by subpoena, or a person for whom the Court has agreed to hear direct testimony live at the trial.

All documents must be filed electronically via ECF.

Source text: Electronic Case Filing (“ECF”). In accordance with the S.D.N.Y. Electronic Case Filing Rules and Instructions, except for as otherwise expressly provided, all documents filed with the Court must be filed electronically.

AI-generated content requires disclosure and certification.

Source text: Use of Generative Artificial Intelligence. Any party who uses generative artificial intelligence (such as ChatGPT, Harvey, CoCounsel, or Google Bard) to generate any portion of a motion, brief, pleading, or other filing must attach to the filing a separate declaration disclosing the use of artificial intelligence and certifying that the filer has reviewed the source material and verified that the artificially generated content is accurate and complies with the filer’s Rule 11 obligations.

Parties must complete first four columns of exhibit list, leave last two blank for Court.

Source text: The parties shall complete the first four columns, but leave the fifth and sixth columns blank, to be filled in by the Court during trial.

Objections to exhibits (except authenticity/foundation) must be raised before session opens.

Source text: The parties should raise any objections to an exhibit, other than authenticity or foundation, before the opening of the session.

Objections must specify Federal Rule of Evidence and authority in exhibit list.

Source text: If a party objects to an exhibit, the objection should be noted in the third and/or fourth columns by indicating the Federal Rule of Evidence that is the basis for the objection and any other authority.

Unraised objections are waived; unobjected exhibits are deemed admissible.

Source text: Any objections not made shall be deemed waived and any exhibits not objected to shall be deemed admissible at trial.

Electronic copies of exhibits must be provided to Court in advance with filenames matching exhibit numbers.

Source text: electronic copies of any document sought to be admitted (with each filename corresponding to the relevant exhibit number—e.g., “PX-1,” “DX-1,” etc.) should be provided to the Court in advance of the proceeding.

Hard copy exhibits require sufficient copies for witnesses, counsel, jurors, court reporter, interpreters, and Court.

Source text: Where a hard copy exhibit is used, sufficient copies should be made, as appropriate, for witnesses, opposing counsel, jurors, the court reporter, any interpreters, and the Court.

Separate hard copy for each juror required if not using Court's AV system.

Source text: If counsel intends to publish hard copies of documentary exhibits to the jury rather than using the Court’s audio-visual system, a separate copy should be provided for each juror to avoid unnecessary delay.

Exhibits must be shown to opposing counsel when offered unless pre-marked.

Source text: Any exhibit offered in evidence should, at the time it is offered, be shown to opposing counsel unless it was provided, pre-marked, to counsel before the proceeding.

Speaking objections before jury are prohibited; state only “objection” and provide basis.

Source text: Counsel should not make speaking objections before the jury. In making objections before the jury, counsel should state “objection” only and provide the

Motions (e.g., mistrial) should not be made in jury's presence; raise at next recess.

Source text: Counsel should not make motions (e.g., a motion for a mistrial) in the presence of the jury. Such matters may be raised at the next recess.

Stipulation offers/requests should be made privately and reduced to writing.

Source text: Offers of, or requests for, a stipulation should be made privately, not within the hearing of the jury. In most instances, stipulations should be reduced to writing in a form that can be marked and admitted at trial.

Jury instructions must be in plain language understandable to non-lawyers.

Source text: All instructions to the jury will be in plain language that is as understandable as possible to non-lawyers.

Court gives preliminary instructions before opening statements.

Source text: The Court will give preliminary instructions on the law at the beginning of the trial before the parties’ opening statements.

Court gives final instructions after evidence presentation but before closing statements.

Source text: The Court will give final instructions on the law at the end of the presentation of evidence before the parties’ closing statements.

Court will instruct jury that final instructions control deliberations.

Source text: The Court will communicate clearly to the jury that the instructions given at the end of the trial will control deliberations.

Each juror receives written copy of final instructions for use during instruction and deliberations.

Source text: Each juror will be provided with a written copy of the final instructions for use while the jury is being instructed and during deliberations.

Attorneys must stand when jury enters or exits courtroom.

Source text: Stand when the jury enters or exits the courtroom.

Attorneys must stand at lectern when examining witnesses, with limited exceptions.

Source text: Stand at the lectern while examining any witness; except that counsel may, with the Court’s permission, approach the Courtroom Deputy’s desk or the witness for purposes of handling or tendering exhibits.

Attorneys must address all remarks to the Court, not opposing counsel.

Source text: Address all remarks to the Court, not to opposing counsel.

Attorneys must be respectful of opposing counsel, litigants, and witnesses.

Source text: Be respectful of opposing counsel, the litigants, and witnesses.

Attorneys must refer to all persons by surname, not first name.

Source text: Refer to all persons, including witnesses, other counsel, and parties by their surnames and not by their first or given names.

Only one attorney per party may examine/cross-examine each witness.

Source text: Only one attorney for each party shall examine, or cross-examine, each witness. The attorney stating objections, if any, during direct examination, shall be the attorney recognized for cross-examination. The attorney who conducts direct examination shall be the attorney who states any objections during cross-examination.

Cross-examination must begin without preliminaries.

Source text: Commence cross-examination without preliminaries.

Counsel must not repeat or echo witness answers during examination.

Source text: In examining a witness, counsel shall not repeat or echo the answer given by the witness.

Counsel must not face jurors when questioning witnesses or express personal opinions to jury.

Source text: Counsel should not face or otherwise appear to address him or herself to jurors when questioning a witness. In opening statements and arguments to the jury, counsel shall not express personal knowledge or opinion concerning any matter in issue.

Counsel must promptly address transcript accuracy issues for appeal, with specific procedures for material vs. non-material errors.

Source text: Counsel are responsible for raising promptly any issue concerning the accuracy of transcripts certified by the Court Reporter to be used for purposes of appeal. Counsel perceiving an error that is material shall stipulate to the appropriate correction or, if agreement cannot be reached, shall proceed by motion on notice. Non-material defects in syntax, grammar, spelling, or punctuation should be ignored.

Letter-motions for adjournments must include specific required elements

Source text: The letter-motion must state: (1) the original date and the new date requested; (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) the reason for the extension or adjournment; (5) whether the adversary consents and, if not, the reasons given by the adversary for refusal to consent; and (6) the date of the parties’ next scheduled appearance before the Court.

Discovery motions require Rule 16.1 affidavit

Source text: In making discovery motions, counsel must comply with Southern District Local Criminal Rule 16.1. Any discovery motion must contain the Rule 16.1 affidavit.

Bail modification requests filed as letter-motions on ECF with consent indication

Source text: Any request for a bail modification by a defendant shall be filed on ECF as a letter-motion and shall indicate whether the Government and Pretrial Services Officer consent to the request.

Appellant must provide bail-related documents and written submission to Court at least 2 business days before conference

Source text: The party that brings the appeal is directed to provide the Court no less than two business days before the conference with the transcript of argument on bail before the Magistrate Judge, any written submissions below as to bail and Pretrial Services’ report as to the defendant, and a written submission in support of the appeal, which shall also be filed on ECF.

Responding party must file written submission on ECF at least 1 business day before conference

Source text: The responding party shall file on ECF a written submission no less than one business day before the conference.

Government must email plea-related documents to Chambers no later than 3 business days before plea

Source text: The Government shall provide a copy of the plea agreement, cooperation agreement, or Pimentel letter to the Court. These documents should be emailed to Chambers as soon as practicable and no later than three business days before the scheduled plea.

Defendant must be prepared to give narrative allocution incorporating all offense elements before guilty plea

Source text: The defendant should also be prepared in advance of a guilty plea to give a narrative allocution that incorporates all of the elements of that offense(s) to which the defendant is pleading guilty.

Defense counsel must determine detention requirements under 18 U.S.C. § 3143(a)(2) and prepare defendant for possible detention after plea

Source text: The Court further expects that defense counsel will have determined whether detention of the defendant is required under 18 U.S.C. § 3143(a)(2) upon the entry of a guilty plea, subject to the limited exception provided in 18 U.S.C. § 3145(c) for cases in which it is clearly shown that there are exceptional reasons why detention would not be appropriate, and to prepare the defendant for the possibility of detention commencing at the end of the plea proceeding.

Defendant's sentencing submission due 2 weeks before sentencing; Government's due 1 week before

Source text: Unless otherwise ordered by the Court, a defendant’s sentencing submission shall be served two weeks in advance of the date set for sentencing. The Government’s sentencing submission shall be served one week in advance of the date set for sentencing.

Parties not filing substantive sentencing submission must file letter stating so

Source text: If a party does not intend to file a substantive sentencing submission, the party shall file and serve a letter to that effect.

All sentencing submission documents must be filed on ECF unless sealed or redacted

Source text: Except for submissions to be filed under seal or in redacted form, every document in a sentencing submission, including letters, must be filed on ECF.

Letters in sentencing submissions must be grouped and filed as attachments to single SENTENCING SUBMISSION document

Source text: Letters should be grouped and filed together as attachments to a single document marked SENTENCING SUBMISSION with the caption and docket number clearly indicated.

Defendant must file all defendant's letters; Government must file all victim letters

Source text: The defendant is responsible for filing all letters submitted on behalf of the defendant, including those from friends and relatives. The Government is responsible for filing all letters from victims.

Pro se parties must maintain current address on docket and file change of address forms.

Source text: Pro se parties are required to maintain their current mailing address on the docket at all times and must notify the Court of any change of address by filing a change of address form with the Pro Se Office.

Counsel must serve paper copies to pro se parties and file Affidavit of Service

Source text: Absent a pro se party consenting to receipt of electronic service, counsel in pro se cases must serve a pro se party with a paper copy of any document that is filed electronically and must file with the Court a separate Affidavit of Service. Submissions filed without proof of service that the pro se party was served will not be considered.

Opposition papers due within 30 days; reply papers due within 2 weeks

Source text: Unless otherwise ordered by the Court, papers filed in opposition to a motion must be served and filed within 30 days of service of the motion papers, and reply papers, if any, must be served and filed within two weeks of receipt of opposition papers.

Motions to dismiss, judgment on pleadings, or summary judgment require notice to pro se parties

Source text: Parties who file a motion to dismiss, a motion for judgment on the pleadings, or a motion for summary judgment must provide the pro se party with a copy of the notices required under Local Civil Rules 12.1 or 56.2.

Pro se plaintiffs must file Pretrial Statement within 30 days of discovery completion or summary judgment ruling.

Source text: Unless otherwise ordered by the Court, within 30 days of the completion of all discovery or, if a summary judgment motion is filed, within 30 days of the Court’s ruling on summary judgment, the plaintiff in a pro se case shall file a concise, written Pretrial Statement.

Pretrial Statement must include facts to prove, evidence list, and witness list.

Source text: This Statement must contain the following: i. a statement of the facts the plaintiff hopes to prove at trial; ii. a list of all documents or other physical objects that the plaintiff plans to put into evidence at trial; and iii. a list of the names and addresses of all witnesses the plaintiff intends to have testify at trial.

Pro se plaintiffs must file original Pretrial Statement with Pro Se Office.

Source text: If pro se, the plaintiff shall file an original of this Statement with the Pro Se Office.

Defendant must file and serve Pretrial Statement within 2 weeks of plaintiff's service.

Source text: Two weeks after service of the plaintiff’s Statement, the defendant must file and serve a similar Statement of its case containing the same information.

For bench trials, counsel must file proposed findings of fact and conclusions of law with Pretrial Statement.

Source text: If the case is to be tried before only a judge without a jury, any parties represented by counsel must also file proposed findings of fact and conclusions of law at the time of filing the Pretrial Statement.

For jury trials, counsel must file proposed voir dire, jury charge, and verdict form with Pretrial Statement.

Source text: If the case is to be tried before a jury, any parties represented by counsel must also file proposed voir dire questions, a proposed jury charge, and a proposed verdict form at the time of filing the Pretrial Statement.

AI-generated content in filings requires separate disclosure declaration with accuracy certification.

Source text: Any party who uses generative artificial intelligence (such as ChatGPT, Harvey, CoCounsel, or Google Bard) to generate any portion of a motion, brief, pleading, or other filing must attach to the filing a separate declaration disclosing the use of artificial intelligence and certifying that the filer has reviewed the source material and verified that the artificially generated content is accurate.

Principal trial counsel must appear at all conferences with the Court.

Source text: The attorney who will serve as principal trial counsel must appear at all conferences with the Court.

Counsel must send a letter to the Court when filing discovery dispute motions electronically.

Source text: In addition, counsel filing such motions electronically shall send a letter to the Court stating that such a motion has been filed electronically.

Opposition to discovery dispute motions must be filed within 2 business days electronically.

Source text: The party opposing the relief sought may respond within two (2) business days electronically, briefly describing why the relief sought should not be granted.

OSC and TRO applications must first be brought to Orders and Appeals Clerk for approval.

Source text: Unless otherwise ordered in a specific case, all applications for orders to show cause and temporary restraining orders first shall be brought to the Orders and Appeals Clerk for approval and then to Chambers.

TRO applications require notice to adversary unless immediate irreparable injury would result.

Source text: Applications for temporary restraining orders will be entertained only after notice to the adversary absent a persuasive showing that the giving of notice itself is likely to result in immediate and irreparable injury.

Unreported cases not on WESTLAW must be accompanied by a copy of the case.

Source text: Citations to unreported cases not available on WESTLAW should be accompanied by a copy of the case cited.

Witness statements required one week before bench trial.

Source text: In bench trials, counsel shall prepare and exchange, at least one week before trial, statements containing the direct testimony of each witness they intend to call except as noted below.

Witness statements and exhibits must be delivered to chambers and security one week before trial.

Source text: These witness statements, copies of which are to be addressed to chambers and delivered to the court security officers with copies of all exhibits at least one week before trial, shall be used at trial in accordance with the following procedure.

Voir dire, requests to charge, and in limine motions due 10 days before trial.

Source text: Unless otherwise ordered, proposed voir dire questions, requests to charge, and in limine motions shall be served, filed and delivered to chambers no later than ten (10) days prior to the scheduled commencement of trial.

Defendant's sentencing submissions due 14 days before sentencing; government's due 7 days before.

Source text: Any written sentencing submissions on behalf of the defendant shall be submitted no less than fourteen (14) days prior to sentencing. Any written submissions by the government shall be submitted no later than seven (7) days prior to sentencing.

Exhibits must be listed in pretrial order unless used for cross-examination, plaintiff's rebuttal, or good cause shown.

Source text: No exhibit not listed below may be used at trial except (a) for cross-examination purposes, (b) by plaintiff on rebuttal, or (c) if good cause for its exclusion from the pretrial order is shown.

Objections to exhibits not listed in pretrial order are waived unless good cause is shown.

Source text: Any objections not set forth herein will be considered waived absent good cause shown.

Witnesses must be listed in pretrial order unless good cause is shown.

Source text: No witness not identified herein shall be permitted to testify on either party's case in chief absent good cause shown.

Witness lists must include deposition page/line designations for testimony to be offered.

Source text: Each party shall list the witnesses it intends to call on its case in chief and, if a witness's testimony will be offered by deposition, shall designate by page and line numbers the portions of the deposition transcript it intends to offer.

Proposed injunction form must be included if plaintiff seeks injunctive relief.

Source text: If the plaintiff seeks an injunction, the proposed form of injunction shall be set forth or attached.

Pretrial order must include stipulations about exhibit authenticity/admissibility and all objections with grounds.

Source text: The parties shall set forth any stipulations with respect to the authenticity and admissibility of exhibits and indicate all objections to exhibits and the grounds therefor.

Exhibit lists must include unambiguous descriptions with date and author/addressee information.

Source text: Each side shall list individually each exhibit it intends to offer on its case in chief. The list shall include an unambiguous, clear description of each exhibit which shall include its date and, where applicable, the names of the author and addressee.

Principal trial counsel must attend all court conferences.

Source text: The attorney who will serve as principal trial counsel must appear at all conferences with the Court.

Counsel filing discovery dispute motions must send a letter to the Court stating the motion was filed electronically.

Source text: In addition, counsel filing such motions electronically shall send a letter to the Court stating that such a motion has been filed electronically.

Memoranda over 10 pages must include tables of contents and authorities.

Source text: Memoranda of law in support of or in opposition to motions may not exceed thirty-five (35) pages, double spaced, in length and, if in excess of ten (10) pages, should contain tables of contents and authorities.

Moving papers must include a copy of the complaint.

Source text: A copy of the complaint should accompany the moving papers.

Criminal case assignment requires immediate indictment copy to chambers and prompt scheduling conference.

Source text: Upon the assignment of a criminal case to Judge Kaplan, the Assistant United States Attorney immediately shall provide a copy of the indictment to chambers and arrange with the Deputy Clerk for a prompt conference at which the defendant and defense counsel will be present in order to set a discovery and motion schedule and a trial date and, if necessary, to arraign the defendant and set bail.

Trial documents must be submitted 10 days before trial.

Source text: Unless otherwise ordered, proposed voir dire questions, requests to charge, and in limine motions shall be served, filed and delivered to chambers no later than ten (10) days prior to the scheduled commencement of trial.

Sentencing submissions have different deadlines: 14 days for defense, 7 days for government.

Source text: Any written sentencing submissions on behalf of the defendant shall be submitted no less than fourteen (14) days prior to sentencing. Any written submissions by the government shall be submitted no later than seven (7) days prior to sentencing.

In diversity jurisdiction cases, file 2-page letter explaining diversity basis before Initial Pretrial Conference.

Source text: In any action in which subject matter jurisdiction is founded on diversity of citizenship pursuant to 28 U.S.C. § 1332, the party asserting the existence of such jurisdiction shall, prior to the Initial Pretrial Conference, file on ECF a letter no longer than two pages explaining the basis for that party’s belief that diversity of citizenship exists.

Diversity letters must include citizenship details for corporations and entities.

Source text: Where any party is a corporation, the letter shall state both the place of incorporation and the principal place of business. In cases where any party is a partnership, limited partnership, limited liability company, or trust, the letter shall state the citizenship of each of the entity’s members, shareholders, partners, and/or trustees.

In jury cases, file requests to charge and proposed voir dire questions with joint pretrial order.

Source text: In jury cases, requests to charge and proposed voir dire questions;

In non-jury cases, file detailed proposed findings of fact and conclusions of law with joint pretrial order.

Source text: In non-jury cases, proposed findings of fact and conclusions of law. The proposed findings of fact should be detailed and should include citations to the proffered trial testimony and exhibits, as there may be no opportunity for post-trial submissions.

File motions in limine addressing evidentiary issues with joint pretrial order.

Source text: Each party shall file and serve with the joint pretrial order: In all cases, motions addressing any evidentiary issues or other matters which should be resolved in limine;

Default judgment motions must be filed on ECF, not by order to show cause.

Source text: File a Motion for Default Judgment on ECF pursuant to Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(c). A plaintiff seeking a default judgment should not proceed by order to show cause.

Proposed judgments must be clerk-approved before default judgment hearing.

Source text: Prior to the return date, take the proposed judgment, separately backed, to the Orders and Judgments Clerk (500 Pearl Street, Room 200) for the Clerk’s approval.

Discovery motions must comply with Local Criminal Rule 16.1 and include Rule 16.1 affidavit.

Source text: In making discovery motions, counsel are expected to comply with Southern District Local Criminal Rule 16.1. Any discovery motion must contain the Rule 16.1 affidavit.

Counsel must register for ECF within one week of initial pretrial conference.

Source text: Counsel are required to register in accordance with the Procedures for Electronic Case Filing within one week following the initial pretrial conference.

Sentencing submissions must be filed on ECF; letters grouped as attachments to sentencing memorandum; defendant files defense letters, government files victim letters.

Source text: Except for submissions to be filed under seal or in redacted form, every document in a sentencing submission, including letters, must be filed on ECF. Letters should be grouped and filed together as attachments to a single document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated. The defendant is responsible for filing all letters submitted on behalf of the defendant, including those from friends and relatives. The Government is responsible for filing all letters from victims.

Sur-reply memoranda require prior Court permission.

Source text: Sur-reply memoranda will not be accepted unless the Court’s prior permission has been obtained.

Moving party must provide electronic copy of Rule 56.1 statement; opposing party must reproduce and respond to each entry.

Source text: Except in pro se cases where the moving or non-moving party does not have access to word processing, the moving party shall provide all other parties with an electronic copy of the moving party’s Statement of Material Facts Pursuant to Local Civil Rule 56.1. The opposing party must reproduce each entry in the moving party’s Rule 56.1 Statement, and set out the opposing party’s response directly beneath it.

TRO applications require hand-delivery to Clerk and email to Court with specific requirements.

Source text: Parties intending to file applications for TROs or other emergency relief must hand-deliver hard copies of the motion papers to the Clerk of Court and send the papers (in text-searchable PDF format) to the Court by email. The email should: (1) include the word “URGENT” in the subject line; (2) provide a telephone number at which the filing party and any other relevant parties can be reached; and (3) except for ex parte applications, provide the relevant parties’ availability for a conference in the next few days.

Joint pretrial order required within 30 days after discovery completion or dispositive motion decision.

Source text: Unless otherwise ordered by the Court, within 30 days after the date for completion of discovery in a civil case, or, if a dispositive motion has been filed, within 30 days of its decision, the parties shall submit to the Court for its approval a proposed joint pretrial order, which shall include the information required by Fed. R. Civ. P. 26(a)(3) and following:

Proposed jury instructions must be emailed to chambers with citations or they will be disregarded.

Source text: In jury cases, proposed voir dire questions, requests to charge and proposed verdict form. The plaintiff’s proposed voir dire questions should include an agreed-upon paragraph (designated as such) for the Court to use in voir dire to provide the potential jurors with a brief explanation of the case. If the parties cannot agree on such a paragraph after good-faith efforts, their respective proposed paragraphs (designated as such) should be set forth in their respective voir dire submissions. In addition to being filed in the normal manner, proposed jury instructions should be emailed (in Word or WordPerfect) to chambersnysdseibel@nysd.uscourts.gov. Each proposed jury instruction must contain a citation to the source/authority for the proposed instruction, or the request will be disregarded.

Non-jury cases require detailed proposed findings of fact and conclusions of law with elements.

Source text: In non-jury cases, proposed findings of fact and conclusions of law. Proposed findings of fact should be detailed, and proposed conclusions of law should include a statement of the elements of each claim or defense.

All cases require motions in limine for evidentiary issues.

Source text: In all cases, motions addressing any evidentiary or other issues that should be resolved in limine.

Non-jury cases require affidavits for direct testimony with cross-examination lists.

Source text: In non-jury cases: Affidavits constituting the direct testimony of each trial witness who is within the control of the party or willing to provide such an affidavit. One week after submission of such affidavits, counsel for each party shall submit a list of all affiants whom he or she intends to cross-examine at trial. Only those witnesses who will be cross-examined need appear at trial. The original affidavit shall be marked as an exhibit at trial.

Objections to opposing party's voir dire, requests to charge, or verdict form are permitted.

Source text: Objections to the other party’s proposed voir dire questions, requests to charge, or proposed verdict form.

Opposition to motions in limine is permitted.

Source text: Opposition to any motion in limine.

Opposition to legal arguments in pretrial memoranda is permitted.

Source text: Opposition to any legal argument made in a pretrial memorandum.

Counsel must promptly address transcript accuracy issues for appeal, with specific procedures for material vs. non-material errors.

Source text: Counsel are responsible for raising promptly any issue concerning the accuracy of transcripts certified by the Court Reporter to be used for purposes of appeal. Counsel perceiving an error that is material shall stipulate to the appropriate correction or, if agreement cannot be reached, shall proceed by motion on notice. Non-material defects in syntax, grammar, spelling or punctuation should be ignored.

Default judgments must be obtained through order to show cause following attached procedure.

Source text: A party that wishes to obtain a default judgment must proceed by way of order to show cause. Follow the Default Judgment Procedure, attached hereto as Attachment A.

Attorney substitution requires stipulation signed by counsel and client, with court-set deadlines for substitute counsel.

Source text: If an attorney wishes to be relieved as counsel, the client consents, and substitute counsel is prepared to appear (or an individual party wishes to appear pro se), the substitution may be accomplished by stipulation signed by attorney(s) and client. If the client consents and substitute counsel is desired but has not been obtained, the attorney may submit a stipulation signed by counsel and client, and the Court will set a date by which substitute counsel must appear for a corporate client and/or by which an individual client

Documents related to motions must be electronically filed through ECF.

Source text: must be electronically filed through the ECF system and related to the motion.

Letter-motions must be filed on ECF, not as ordinary letters

Source text: Letters seeking relief should be filed on ECF as letter‐motions, not as ordinary letters.

Amended filings must include redlines showing differences from original versions.

Source text: Any amended or corrected filing (including but not limited to amended pleadings) shall be filed with a redline showing all differences between the original and revised filing. Any motion to amend a pleading shall similarly be filed with a redline showing all differences between the operative pleading and the proposed amended pleading.

Counsel must serve pro se parties with paper copies and file proof of service; no courtesy copies needed.

Source text: Counsel must serve pro se parties with a paper copy of any document that is filed electronically or emailed and must separately file proof of service with the Court. No courtesy copies to the Court are necessary.

Memoranda of 2,500+ words require table of contents and table of authorities

Source text: Memoranda of 2,500 words or more shall contain a table of contents and a table of authorities.

Settlement conference summary form and 3-page letter required 7 days before conference.

Source text: Unless otherwise directed by the Court, no later than 7 days before the Settlement Conference, each party must complete the Court’s Settlement Conference Summary Form found at https://nysd.uscourts.gov/hon‐ona‐t‐wang. Each party also must provide the Court with a letter, not to exceed three pages, summarizing: (1) the history of settlement discussions; (2) the issues in the case; (3) the settlement value of the case and rationale for it; (4) case law authority relevant to settlement discussions; and (5) any other facts that would be helpful to the Court in preparation for the conference.

Parties must attend settlement conference in person; virtual attendance requires written request one week in advance.

Source text: The parties—not just the attorneys—must attend the Settlement Conference in person. In the event personal attendance is a hardship, a party may make a written request at least one week before the conference to attend virtually (or be excused from attendance).

Corporate parties must send decision-maker to settlement conference.

Source text: Corporate parties or labor unions must send the person with decision‐making authority to settle the matter to the conference.

Insurance carriers must send decision-maker to settlement conference unless excused.

Source text: Where liability insurance is involved, a decision‐making representative of each carrier must attend unless specifically excused by the Court.

Government agency parties must have knowledgeable representative attend settlement conference.

Source text: Where any government agency is a party, counsel of record must be accompanied by a knowledgeable representative from the agency.

Comptroller of NYC must be available by phone or in person for settlement approval.

Source text: In cases where the Comptroller of the City of New York has authority over settlement, the Assistant Corporation Counsel must make arrangements before the conference for a representative of the Comptroller either to attend the conference or to be available by telephone to approve any proposed settlement.

Joint Pretrial Order due within 30 days after discovery completion or summary judgment decision.

Source text: Unless otherwise ordered by the Court, the parties shall submit a Joint Pretrial Order within 30 days after the date for the completion of discovery, or, if a summary judgment motion has been filed, within 30 days after the decision on the motion.

Joint Pretrial Order must include caption, contact info, jurisdiction, claims/defenses, and damages calculations.

Source text: The proposed Joint Pretrial Order shall be signed by all parties and include the following: 1. The full caption of the action. 2. The names, addresses, telephone numbers (both office and mobile) and email addresses of each principal member of the trial team, and identification of each party’s lead trial counsel. 3. A brief statement by plaintiff (or, in a removed case, by defendant) as to the basis of subject matter jurisdiction, and a brief statement by each other party as to the presence or absence of subject matter jurisdiction, including citations to all statutes relied on and relevant facts, such as citizenship and jurisdictional amount. 4. A list and brief summary by each party of the claims and defenses that party has asserted that remain to be tried, and a list of any claims and defenses asserted in the pleadings that are not to be tried. Where applicable, the statements shall identify citations to all statutes relied on, but without recital of evidentiary matter. 5. With respect to each claim remaining to be tried, a brief statement listing each element or category of damages sought with respect to such claim (e.g., lost profits, back wages, medical costs, etc.) and a calculation of the amount of damages sought with respect to such element or category.

Jury materials must be emailed as Word docs to chambers in addition to ECF filing.

Source text: In addition to filing on ECF the voir dire questions, requests to charge, and/or verdict sheets, electronic copies must also be submitted to the Court as Microsoft Word documents and sent via email to: Wang_NYSDChambers@nysd.uscourts.gov.

Non-jury trial materials must be emailed as Word docs to chambers in addition to ECF filing.

Source text: In addition to filing on ECF, these materials must also be submitted to the Court as Microsoft Word documents and sent via email to: Wang_NYSDChambers@nysd.uscourts.gov.

Pro se parties must file their own Pretrial Statement within 30 days of discovery completion or dispositive motion decision, containing facts, evidence list, and witness list.

Source text: In pro se cases, the parties are not required to prepare joint pretrial filings (but may do so jointly if feasible). Instead, within 30 days from the date for the completion of discovery in a civil case or, if a dispositive motion has been filed, within 30 days of a decision resolving the motion, the represented party(ies) shall submit the pretrial materials set forth in Section IV.b above. The pro se party shall file its own Pretrial Statement. The pro se party’s Pretrial Statement need take no particular form, but must be concise and contain: 1. a statement of the facts the party hopes to prove at trial; 2. a list of all documents or other physical objects that the party plans to put into evidence at trial; and 3. a list of the names and addresses of all witnesses the party intends to have testify at trial and the general subject matter of each witness’s expected testimony.

Proposed orders, judgments, and stipulations must be filed on ECF.

Source text: All proposed orders, judgments and stipulations requiring the Court’s signature, must be filed electronically on the court’s ECF system.

Sur-reply memoranda are prohibited without prior permission.

Source text: Unless prior permission has been granted, sur-reply memoranda will not be accepted.

Non-pro se parties must exchange Rule 56.1 statements for summary judgment motions.

Source text: Except for pro se litigants, the moving party shall provide all other parties with an electronic copy of the moving party's Statement of Material Facts pursuant to Local Civil Rule 56.1. Opposing parties must reproduce each entry in the moving party's Rule 56.1 Statement, and set out the opposing party's response directly beneath it.

Joint pretrial statement must include FRCP 26(a)(3) requirements plus additional specified information.

Source text: The joint pretrial statement shall include the information required by Fed. R. Civ. P. 26(a)(3) and the following:

Proposed orders, judgments, and stipulations requiring signature must be filed on ECF.

Source text: All proposed orders, judgments and stipulations requiring the Court's signature, must be filed electronically on the court's ECF system.

If adjournment/extension affects other dates, a proposed Revised Scheduling Order must be attached.

Source text: If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order must be attached.

Memoranda of 10+ pages must include table of contents.

Source text: Memoranda of 10 pages or more shall contain a table of contents.

Sur-reply memoranda are not accepted without prior permission.

Source text: Unless prior permission has been granted, sur-reply memoranda will not be accepted.

Moving party must provide electronic copy of Rule 56.1 Statement to other parties (except pro se).

Source text: Except for pro se litigants, the moving party shall provide all other parties with an electronic copy of the moving party's Statement of Material Facts pursuant to Local Civil Rule 56.1.

Joint pretrial statements must include full caption and complete trial counsel contact information.

Source text: The joint pretrial statement shall include the information required by Fed. R. Civ. P. 26(a)(3) and the following: i. The full caption of the action. ii. The names, addresses (including firm names), e-mail addresses, and telephone and fax numbers of trial counsel.

Joint pretrial statements must include statements on subject matter jurisdiction with statute citations and jurisdictional facts.

Source text: and a brief statement by each other party as to the presence or absence of subject matter jurisdiction. Such statements shall include citations to all statutes relied on and relevant facts as to citizenship and jurisdictional amount.

Joint pretrial statements must summarize remaining claims/defenses with statute citations and identify claims no longer being tried.

Source text: A brief summary by each party of the claims and defenses that party has asserted that remain to be tried, without recital of evidentiary matter but including citations to all statutes relied on. The parties shall also identify all claims and defenses previously asserted that are not to be tried.

Joint pretrial statements must include jury demand status and estimated trial length.

Source text: A statement by each party as to whether the case is to be tried with or without a jury, and the number of trial days needed.

Joint pretrial statements must indicate whether all parties consented to magistrate judge trial.

Source text: A statement as to whether all parties have consented to trial of the case by a magistrate judge (without identifying which parties have or have not so consented).

Joint pretrial statements must include any stipulations or agreed statements.

Source text: Any stipulations or agreed statements of fact or law.

Joint pretrial statements must list expected witnesses with descriptions and objection status.

Source text: A list of the witnesses each party expects to call on its case in chief, including a very brief description of the witness's role and/or the subject matter of his or her anticipated testimony, and a statement as to whether any other party objects to the witness.

Joint pretrial statements must designate deposition testimony with cross-designations and objections.

Source text: A designation by each party of deposition testimony to be offered in its case in chief, with any cross-designations and objections by any other party.

Joint pretrial statements must list exhibits with star notation for objections.

Source text: A list by each party of exhibits to be offered in its case in chief, with one star indicating exhibits to which no party objects on grounds of authenticity, and two stars indicating exhibits to which no party objects on any ground.

Joint pretrial statements must itemize damages sought with calculation methodology.

Source text: A statement of the relief sought, including damages claimed, itemizing each component or element of the damages sought with respect to each claim, and including the manner and method used to calculate the claimed damages.

Joint pretrial statements must include whether parties consent to non-unanimous verdict.

Source text: A statement as to whether the parties consent to a less than unanimous verdict.

Each proposed jury instruction must include a citation to its source authority.

Source text: Each proposed jury instruction must contain a citation to the source/authority for the proposed instruction, or the request will be disregarded.

Defendant's sentencing submission due 2 weeks before sentencing; Government's due 1 week before.

Source text: A defendant's sentencing submission shall be served two weeks in advance of the date set for sentence. The Government's sentencing submission shall be served one week in advance of the date set for sentence.

Sentencing letters must be grouped under a cover marked SENTENCING MEMORANDUM with caption and docket number.

Source text: A party shall group all letters together in a single paper filing under a cover marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated

ECF filing requires grouping letters as attachments to a single SENTENCING MEMORANDUM with caption and docket number.

Source text: A party shall group and file the letters together as attachments to a single document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated.

ECF citations must include ECF docket number and page number.

Source text: Citations to all documents filed on ECF must include the ECF docket number and ECF page number. For example, citations to an exhibit accompanying a declaration would appear as “ECF No. 123-4 at 10,” rather than as “Smith Decl. Ex. 4 at 10.”

Discovery plan meeting required before Initial Case Management Conference (except Pro Se cases).

Source text: Except for Pro Se Cases, parties must meet and confer on a discovery plan before the Initial Case Management Conference.

Rule 26(f) Report and Proposed Case Management Plan due one week before Initial Case Management Conference.

Source text: One week before the Initial Case Management Conference, the parties must file on ECF a Report on Rule 26(f) Conference and Proposed Case Management Plan.

Memoranda of 10+ pages require table of contents and table of authorities.

Source text: Memoranda of ten (10) pages or more shall contain a table of contents and a table of authorities.

Sur-replies not accepted without prior Court permission.

Source text: Sur-reply memoranda will not be accepted without prior permission of the Court.

Pro Se parties must submit Case Report and Proposed Case Management Plan one week before conference.

Source text: Each party must submit a Case Report and Proposed Case Management Plan for Pro Se Cases one week before the scheduled conference in conformance with the procedures in Section I above.

Good faith meet-and-confer required before discovery dispute can be heard.

Source text: The Court will not hear any discovery dispute unless the moving party (including a non-party seeking relief) has first conferred in good faith with any adverse party to resolve the dispute.

Letter-Motion must certify discovery conference details including date, time, duration, participants, adversary position, and impasse notification.

Source text: In the Letter-Motion, the moving party must certify that the required in-person or telephonic conference took place between counsel for the relevant parties and, in particular must state: (1) the date and time of such conference; (2) the approximate duration of the conference; (3) the names of the attorneys who participated in the conference; (4) the adversary’s position as to each issue being raised (as stated by the adversary during the in-person or telephone conference); and (5) that the moving party informed the adversary during the conference that the moving party believed the parties to be at an impasse and that the moving party would be requesting a conference with the Court.

Responsive letters due within 3 business days of Letter-Motion.

Source text: Any responsive letter should be submitted within three (3) business days after submission of the Letter-Motion.

Counsel must provide pro se litigants with printed copies of unreported or database-only decisions.

Source text: As required by Local Civil Rule 7.2, counsel must provide a pro se litigant with printed copies of decisions cited in any submission that are unreported or reported exclusively on computerized databases.

Summary judgment against pro se litigants requires compliance with Local Civil Rule 56.2 notice requirements.

Source text: Where a party seeks summary judgment against a pro se litigant, the party must also comply with the notice requirements for Local Civil Rule 56.2.

Dismissal/judgment on pleadings against pro se litigants requires Local Civil Rule 12.1 notice when citing matters outside pleadings.

Source text: Where a party moves to dismiss or for judgment on the pleadings against a pro se litigant and refers to matters outside the pleadings, counsel must serve and file the notice set forth in Local Civil Rule 12.1.

Joint filing of jury instructions, voir dire, and verdict form required with courtesy copies to chambers

Source text: In jury cases, the parties must jointly file (a) proposed jury instructions, (b) proposed voir dire questions, and (c) where applicable, a proposed verdict form. To the extent a party objects to another party’s requested jury charge, voir dire questions, or verdict form, the joint submission should include the objecting party’s (1) grounds for objection (or refer to the joint pretrial memorandum for a full discussion of the objection), and (2) proposed alternative. All requests to charge, objections, and alternatives must include citations to controlling authority. In addition to filing on ECF the voir dire questions, requests to charge, and/or verdict sheets, electronic copies of this joint submission must also be sent to Chambers. The electronic copies should be sent as Microsoft Word documents via email to: FigueredoNYSDChambers@nysd.uscourts.gov

Nonjury cases require proposed findings, conclusions, and trial memorandum with Word copies to chambers

Source text: In nonjury cases, parties must file proposed findings of fact and conclusions of law. In addition, each party must file a trial memorandum of law identifying the issues, summarizing the facts and applicable law, and addressing any evidentiary issues. In addition to filing on ECF, these materials must also be submitted to the Court as Mircrosoft Word documents and sent via email to: FigueredoNYSDChambers@nysd.uscourts.gov

Motions in limine must be filed with the Joint Pretrial Order

Source text: In all cases, motions in limine addressing any evidentiary or other issues must be filed at the same time as the Joint Pretrial Order

Pro se cases require individual pretrial statements with specific content and service requirements

Source text: No Joint Pretrial Order is required in pro se cases. Instead, within 30 days after the completion of discovery each party shall file its own Pretrial Statement. The pro se party’s Pretrial Statement must be concise and contain the following: (1) a statement of the facts the party hopes to prove at trial; (2) a list of all documents or other physical objects that the party plans to put into evidence at trial; and (3) a list of the names and addresses of all witnesses the party intends to have testify at trial. The Pretrial Statement must be sworn by the party to be true and accurate based on the facts known by the party. The party must file an original Statement with the Court’s Pro Se Office and serve a copy on all other parties or their counsel if represented. The original Pretrial Statement must indicate the date a copy was mailed to another party or that party’s attorney.

Pro se pretrial statements require original filing with Pro Se Office and service on other parties

Source text: The party must file an original Statement with the Court’s Pro Se Office and serve a copy on all other parties or their counsel if represented. The original Pretrial Statement must indicate the date a copy was mailed to another party or that party’s attorney.

All documents must be filed electronically via ECF; counsel must register promptly

Source text: In accordance with the S.D.N.Y. Electronic Case Filing Rules and Instructions, except as otherwise expressly provided, all documents filed with the Court must be filed electronically. Counsel are required to register for Electronic Case Filing (ECF) promptly after being retained or assigned.

Defense counsel must disclose benefactor payments and request Curcio hearing at first conference

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

Counsel must promptly disclose any conflicts of interest to Court

Source text: 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.

Substitution of defense counsel requires letter-motion to schedule conference

Source text: When there is a substitution of defense counsel, counsel of record must file a letter-motion on ECF to request that a conference be scheduled as soon as possible.

Bail modification requests must be filed as letter-motion on ECF with consent indication

Source text: Any written request for a bail modification by a defendant shall be filed on ECF as a letter-motion and shall indicate whether the Government and Pretrial Services Officer consent to the request.

Memoranda of 10+ pages require TOC and TOA, not counted in page limit.

Source text: Memoranda of 10 pages or more shall contain a table of contents and a table of authorities, neither of which shall count against the page limit.

All appendices to memoranda of law must be indexed.

Source text: All appendices to memoranda of law must be indexed.

Discovery motions must comply with Local Criminal Rule 16.1 and include Rule 16.1 affidavit.

Source text: In making discovery motions, counsel must comply with Southern District Local Criminal Rule 16.1. Any discovery motion must contain the Rule 16.1 affidavit.

Parties must file proposed voir dire, requests to charge, and verdict forms via ECF.

Source text: The parties shall each file via ECF case-specific proposed voir dire questions, case-specific proposed requests to charge, and a proposed verdict form.

Multiple defendants must submit single joint request to charge and voir dire questions.

Source text: If multiple defendants will be tried, all defendants must, unless otherwise ordered, submit a single request to charge and a single set of proposed voir dire questions.

Parties must email pretrial submissions in Word format to Chambers.

Source text: At the time of filing, each party should e-mail these documents in Microsoft Word format to Chambers at VargasNYSDChambers@nysd.uscourts.gov.

Parties must provide all documentary exhibits and Section 3500 material before final pretrial conference.

Source text: Prior to the final pretrial conference, each party must provide the Court with all documentary exhibits and Section 3500 material.

Documentary exhibits and Section 3500 material should be submitted electronically via USAfx or Court's filing transfer program.

Source text: If feasible, the parties should submit copies of each documentary exhibit and Section 3500 material in electronic form (with each filename corresponding to the relevant exhibit number—e.g., “GX-1,” “DX-1,” etc.) by using USAfx or the Court’s filing transfer program in accordance with Paragraph 2(B).

Parties not filing substantive sentencing submissions must file a letter stating so by the due date.

Source text: If a party does not intend to file a substantive sentencing submission, the party shall file and serve a letter to that effect on the date the sentencing submission is due.

All sentencing submission documents must be filed on ECF unless sealed or redacted.

Source text: Except for submissions to be filed under seal or in redacted form, every document in a sentencing submission, including letters, must be filed on ECF.

Letters in sentencing submissions must be grouped as attachments to one document marked SENTENCING SUBMISSION.

Source text: Letters should be grouped and filed together as attachments to a single document marked SENTENCING SUBMISSION with the caption and docket number clearly indicated.

Defendant files all defendant's letters; Government files all victim letters.

Source text: The defendant is responsible for filing all letters submitted on behalf of the defendant, including those from friends and relatives. The Government is responsible for filing all letters from victims.

Letter-motion must explain redaction purpose and consistency with standards.

Source text: The letter-motion must explain the purpose of the redactions, and why the redactions are consistent with the standards set forth in Section 10(C) above.

Confidential information must be used only for this litigation.

Source text: The Confidential Information disclosed will be held and used by the person receiving such information solely for use in connection with the action.

Must inform recipients of confidentiality and require signed agreement before disclosure.

Source text: Prior to disclosing or displaying the Confidential Information to any person, counsel must: a. Inform the person of the confidential nature of the information or documents; b. Inform the person that this Court has enjoined the use of the information or documents by him/her for any purpose other than this litigation and has enjoined the disclosure of the information or documents to any other person; and c. Require each such person to sign an agreement to be bound by this Order in the form attached as Exhibit A.

PII must be maintained securely and shared only with authorized individuals.

Source text: Any Personally Identifying Information (“PII”) (e.g., social security numbers, financial account numbers, passwords, and information that may be used for identity theft) exchanged in discovery shall be maintained by the receiving party in a manner that is secure and confidential and shared only with authorized individuals in a secure manner.

Data breach of PII requires immediate notification and cooperation.

Source text: In the event the party who received PII experiences a data breach, it shall immediately notify the producing party of same and cooperate with the producing party to address and remedy the breach.

Confidential information must be returned or destroyed within 30 days after final judgment, except counsel may retain working files.

Source text: At the conclusion of litigation, Confidential Information and any copies thereof shall be promptly (and in no event later than 30 days after entry of final judgment no longer subject to further appeal) returned to the producing party or certified as destroyed, except that the parties’ counsel shall be permitted to retain their working files on the condition that those files will remain protected.

Pro se parties must keep current address on docket and notify Pro Se Office of changes

Source text: Pro se parties are required to maintain their current mailing address on the docket at all times and must notify the Court of any change of address by filing a change of address form with the Pro Se Office.

Parties must jointly email Excel exhibit list to Court 3 business days before trial.

Source text: Unless otherwise ordered by the Court, no later than three business days before the start of the trial or hearing, the parties shall jointly email to the Court a Microsoft Excel document listing all exhibits sought to be admitted.

Objections must specify Federal Rule of Evidence and authority in exhibit list.

Source text: If a party objects to an exhibit, the objection should be noted in the third and/or fourth columns by indicating the Federal Rule of Evidence that is the basis for the objection and any other authority.

Each party must submit flash drive with PDF exhibits 3 business days before trial.

Source text: Three business days before the start of trial, each party must submit a flash drive containing .pdf files of that party's pre-marked documentary exhibits, with the file name corresponding to the relevant exhibit number, and in a criminal case Section 3500 material in sequential order separated by numbered parts.

Each party must submit physical exhibits in 2-inch binders or manila folders 3 business days before trial.

Source text: Each party should simultaneously submit a single set of pre-marked exhibits (and in a criminal case Section 3500 material) assembled sequentially in two-inch binders, or in separate manila folders labeled with the exhibit numbers and placed in a suitable container for ready reference.

Paper service required for pro se parties unless they consent to electronic service, with affidavit of service.

Source text: Absent a pro se party consenting to receipt of electronic service, counsel in pro se cases must serve a pro se party with a paper copy of any document that is filed electronically and must file with the Court a separate Affidavit of Service. Submissions filed without proof of service that the pro se party was served will not be considered.

Pro se parties must receive required notices with certain dispositive motions.

Source text: Parties who file a motion to dismiss, a motion for judgment on the pleadings, or a motion for summary judgment must provide the pro se party with a copy of the notices required under Local Civil Rules 12.1 or 56.2.

Dispositive motions require copies of briefs and authorities to incarcerated pro se parties.

Source text: Parties filing any dispositive motions must provide incarcerated pro se parties with a copy of their supporting brief and copies of any caselaw or authority cited therein. The movant must also provide copies of the same upon request by non-incarcerated pro se parties.

Pro se plaintiff must file Pretrial Statement within 30 days of discovery completion or summary judgment ruling.

Source text: Unless otherwise ordered by the Court, within 30 days of the completion of all discovery or, if a summary judgment motion is filed, within 30 days of the Court’s ruling on summary judgment, the plaintiff in a pro se case shall file a concise, written Pretrial Statement.

Pretrial Statement must include facts, evidence list, and witness list.

Source text: This Statement must contain the following: a statement of the facts the plaintiff hopes to prove at trial; a list of all documents or other physical objects that the plaintiff plans to put into evidence at trial; and a list of the names and addresses of all witnesses the plaintiff intends to have testify at trial.

Pretrial Statement must be sworn to be true and accurate.

Source text: The Statement must be sworn by the plaintiff to be true and accurate based on the facts known by the plaintiff.

Defendant must file similar Pretrial Statement within two weeks of plaintiff's service.

Source text: Two weeks after service of the plaintiff’s Statement, the defendant must file and serve a similar Statement of its case containing the same information.

Represented parties must file proposed voir dire questions, jury charge, and verdict form with Pretrial Statement via email in Word format; pro se parties optional.

Source text: represented by counsel must also file proposed voir dire questions, a proposed jury charge, and a proposed verdict form at the time of filing the Pretrial Statement. At the time of filing, a represented party should e-mail these documents to the Court, in Microsoft Word format. The pro se party may also file such documents, but is not required to do so and need not submit them by email.

Each party must submit a 5-page confidential letter 7 days before settlement conference with specific content requirements.

Source text: No later than seven days before the conference, each party must send to the Court a letter of no longer than five (5) pages marked “Confidential Materials for Use Only At Settlement Conference,” setting forth concisely the following: (1) a discussion of the relevant facts and applicable law, with an emphasis on the issues more pertinent to settlement, including a discussion of liability and damages in the event liability were established; (2) if non-monetary relief is sought in addition to or instead of money damages, each party must set forth its position as to the provision of such relief; (3) any case law authority relevant to settlement discussions; (4) the history of settlement discussions, if any, including any prior offers or demands; (5) the settlement value of the case and rationale for it; and (6) that party’s most recent demand or response to the most recent demand.

No exhibits allowed with Rule 56.1 statements or responses.

Source text: No exhibits may be annexed to a Rule 56.1 statement or response.

Parties must exchange discovery documents within 30 days of defendant's responsive pleading or motion.

Source text: Within 30 days following the defendant’s submission of a responsive pleading or motion, the parties shall provide to one another the documents and information described in the Initial Discovery Protocols for the relevant time period.

Initial Discovery Protocols supersede F.R.C.P. 26(a)(1) initial disclosure obligations.

Source text: This obligation supersedes the parties’ obligations to provide initial disclosures pursuant to F.R.C.P. 26(a)(1).

Discovery responses must comply with F.R.C.P. certification, supplementation, and form of production standards.

Source text: The parties’ responses to the Initial Discovery Protocols shall comply with the F.R.C.P. obligations to certify and supplement discovery responses, as well as the form of production standards for documents and electronically stored information.

Initial Discovery is not subject to objections except under F.R.C.P. 26(b)(2)(B).

Source text: As set forth in the Protocols, this Initial Discovery is not subject to objections, except upon the grounds set forth in F.R.C.P. 26(b)(2)(B).

Proposed stipulations/orders must be emailed to Orders and Judgments Clerk; no courtesy copies to Chambers.

Source text: parties shall email all proposed stipulations and orders that they wish the Court to sign to the Orders and Judgments Clerk at judgments@nysd.uscourts.gov in accordance with the ECF Rules and Instructions. Courtesy copies shall not be sent to Chambers.

Discovery requests must be sent to opposing counsel, not to the Court.

Source text: All requests for discovery must be sent to counsel for the opposing party. Discovery requests must not be sent to the Court.

Pro se parties must receive required notices for motions to dismiss, judgment on pleadings, or summary judgment.

Source text: Parties who file a motion to dismiss, a motion for judgment on the pleadings or a motion for summary judgment must provide the pro se party with a copy of the notices required under Local Civil Rules 12.1 or 56.2.

Computer-filed memoranda require certificate of compliance per Local Civil Rule 7.1(c).

Source text: If any memorandum of law is filed with a computer, the party shall also file a certificate of compliance as required by Local Civil Rule 7.1(c).

Joint Pretrial Statement due within 30 days of discovery completion.

Source text: Unless otherwise ordered by the Court, within 30 days of the completion of discovery, the parties shall file a concise, written Joint Pretrial Statement.

Joint Pretrial Statement must include facts to prove, evidence list, and witness list.

Source text: This Statement need take no particular form, but it must contain the following: (1) a statement of the facts that each party hopes to prove at trial; (2) a list of all documents or other physical objects that each party plans to put into evidence at trial; and (3) a list of the names and addresses of all witnesses that each party intends to have testify at trial.

Joint Pretrial Statement must be sworn to be true and accurate.

Source text: The Statement must be sworn by the parties to be true and accurate based on the facts known by the parties.

Represented parties must file proposed findings/jury charge with Pretrial Statement.

Source text: At the time of filing the Pretrial Statement, any parties represented by counsel must also submit proposed findings of fact and conclusions of law, if the case is to be tried before only a judge without a jury, or a proposed jury charge, if it will be tried before a jury.

In jury cases, parties must file joint voir dire questions and case description.

Source text: In all jury cases, the parties also shall file joint proposed case specific voir dire (i.e., jury selection) questions and a one or two paragraph statement describing the case that will be read to the prospective jurors and the beginning of voir dire.

All documents must be filed on ECF except Highly Sensitive Documents

Source text: All documents, including confidential and sealed materials, must be filed on ECF, except Highly Sensitive Documents, which must be filed in hard copy pursuant to Local Civil Rule 5.2.

Sealed motion must be filed publicly with reasons, no confidential info

Source text: The motion shall be filed in public view, must explain the particular reasons for seeking to file that information under seal and shall not include confidential information sought to be filed under seal.

Summary docket text must not include confidential information

Source text: 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.

Non-filing party must file support letter within 2 business days

Source text: If this party is not the filing party, the party with an interest in confidential treatment shall promptly file a letter on ECF within two business days in support of the motion, explaining why it seeks to have certain documents filed in redacted form or under seal.

Motion required to file sealed documents on paper instead of ECF

Source text: 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.

Protective order must reference Judge Schofield's Rule I.D.3 for sealed filings

Source text: For documents to be filed under seal, the proposed order must state in substance that: 'Documents may be filed under seal only as provided in Judge Schofield’s Rule I.D.3' (above).

Protective order must include Court's discretion over confidential treatment

Source text: The proposed order also must contain the following language, preferably in the last paragraph, 'The parties acknowledge that the Court retains discretion as to whether, in Orders and Opinions, to afford confidential treatment to information that the parties have redacted, sealed or designated as confidential.'

Related cases must include both docket numbers in future filings

Source text: After an action has been accepted as related to a prior case, all future court papers and correspondence shall contain the docket number of both the new

Parties must propose briefing schedule (max 60 days) via ECF letter with proposed order.

Source text: The parties shall propose a briefing schedule by filing on ECF a letter to the Court with a proposed scheduling order. The schedule should not exceed 60 days from the time of filing.

Oral argument requests must be filed on ECF by last brief filing date.

Source text: The parties may request oral argument by filing on ECF a letter to Chambers no later than the date the last brief is filed in connection with the motion.

Opposing parties must reproduce and respond to each entry in movant’s Rule 56.1 statement.

Source text: Opposing parties shall reproduce each entry in the moving party’s Rule 56.1 Statement, with a response directly beneath it.

Email all TRO papers in text-searchable PDF format.

Source text: Parties intending to file an application for TRO or other emergency relief must send all of their papers (in text-searchable PDF format) to the Court by email.

Email subject must include “URGENT”; provide phone number and both PDF/Word versions.

Source text: The email should (1) include the word “URGENT” in the subject line; (2) provide a telephone number at which the party (and any other relevant parties) can be reached and (3) provide a both a PDF and Word version of the proposed TRO.

Class action settlement requires detailed financial disclosure.

Source text: Any party moving for preliminary approval of a class action settlement must disclose the proposed plan of allocation and provide a spreadsheet or other document detailing the amount of (a) the total settlement fund, (b) the Claims Administrator’s fee, costs and expenses, (c) proposed attorneys’ fees, costs and expenses, (e) the named Plaintiffs’ proposed service fee, (f) any other deduction from the settlement fund before payment to class members and (g) the anticipated recovery in dollars and as a percentage of the plaintiff’s estimated damages for the class and any subclass in the aggregate and per

Class action settlement requires proposed schedule with key dates.

Source text: The party moving for preliminary approval shall also file a proposed schedule for settlement, including dates for proposed class notice, submission of objections and exclusion requests and a fairness hearing.

Class action settlement requires disclosure of fee sharing agreements.

Source text: In accordance with Local Rule 23.1, a party seeking preliminary approval of a class action settlement must disclose any fee sharing agreement with any attorney or other person. The disclosure shall include the names and addresses of the applicants for such fees and the amounts requested, respectively.

Summary judgment requires Rule 56.1 statement of undisputed facts.

Source text: A movant for summary judgment shall file a statement of material undisputed facts and the opponent shall respond all as set forth in Local Rule 56.1.

Movant must provide electronic Word copy of Rule 56.1 statement to all parties.

Source text: The movant shall provide all other parties with an electronic copy, in Microsoft Word format, of its Rule 56.1 statement.

Principal trial counsel must appear at all court conferences.

Source text: The attorney who will serve as principal trial counsel shall appear at all conferences with the Court.

Status letters must include discovery details, procedural history, and plans to meet discovery deadlines.

Source text: Any status letter ordered by the Court shall include the following details:

Diversity jurisdiction cases must file letter explaining jurisdiction within 60 days of invoking diversity.

Source text: In any action for which subject matter jurisdiction is founded on diversity of citizenship pursuant to 28 U.S.C. § 1332, the party asserting the existence of such jurisdiction shall state in the initial joint letter submitted to the Court before the Initial Pretrial Conference, or shall file on ECF within 60 days of invoking diversity jurisdiction, a letter to the Court explaining the factual and legal basis for such jurisdiction, including: (i) in the case of a corporation, the principal place of business and place of incorporation, (ii) in the case of a partnership, limited liability company or trust, the citizenship of each of the entity's members, shareholders, partners and/or trustees.

Bail hearings/modifications/appeals must be letter-motions via ECF with specific content requirements and three proposed dates.

Source text: All requests for bail hearings, modifications, and appeals shall be made as a letter-motion filed via ECF. The body of the letter shall state: (1) the original conditions of bail (if applicable); (2) the new proposed conditions of bail; (3) whether the Defendant, the Government and the Pre-Trial Services Officer consent to the proposed conditions of bail, and if not, the respective positions of the Defendant, the Government and the Pre-Trial Services Officer; and (4) three proposed dates for a bail hearing. If the requested hearing affects any other scheduled dates, the requesting party shall propose new dates.

Upon guilty plea notification, AUSA must contact Chambers to schedule hearing and email plea/cooperation/Pimentel agreements with related documents.

Source text: Upon notification that a Defendant has decided to plead guilty, the AUSA will: (1) promptly contact Chambers to schedule a plea hearing; (2) email a copy of the applicable plea agreement, cooperation agreement, or Pimentel letter to the Court as provided in Section B.2 above; and (3) attach any related documents (i.e superseding information, order of forfeiture, etc.) in the same email correspondence.

Defendant must serve sentencing submission 7 days before sentencing; Government 4 days before

Source text: 2. Sentencing Submissions. The defendant’s sentencing submission shall be served seven (7) days in advance of the date set for sentencing. The Government’s sentencing submission shall be served four (4) days in advance of the date set for sentencing.

Defense counsel must review agreements and Advice of Rights form with defendant (with interpreter if needed) and execute them before plea.

Source text: Prior to the date set for the plea, defense counsel are expected to have reviewed with the defendant -- if necessary, with the assistance of an interpreter -- any Pimentel letter or plea, cooperation or other agreement, as well as the Advice of Rights form available at https://nysd.uscourts.gov/hon-lorna-g-schofield. Defense counsel and the defendant shall execute any plea or cooperation agreement, as well as the Advice of Rights form, prior to the plea.

Defense counsel must prepare defendant for narrative allocutions incorporating all elements of guilty plea offenses.

Source text: Defense counsel shall prepare the defendant to give narrative allocutions that incorporate all of the elements of the offense(s) to which the defendant is pleading guilty.

Brady materials (excluding Giglio materials) must be produced to defense counsel within two weeks of indictment filing.

Source text: Brady Material known to the Government at the time of indictment-- other than purely impeachment materials and information required to be produced pursuant to Giglio v. United States and its progeny (“Giglio Material”) -- must be produced to defense counsel no later than two weeks following the date of the filing of the indictment, regardless of whether the parties are engaged in plea discussions.

Brady Material must be disclosed within 2 weeks of discovery or 4 weeks before trial/guilty plea

Source text: (b) Brady Material (other than Giglio Material) that becomes known to the Government following the filing of the indictment must be disclosed, absent exceptional circumstances, within two weeks of when it becomes known and, in any event, no later than four weeks prior to any trial or guilty plea.

Giglio Material must be disclosed 4 weeks before trial or immediately if discovered later

Source text: (c) Absent exceptional circumstances, Giglio Material must be disclosed four weeks prior to the date of the start of trial or guilty plea. Such material includes (simply by way of example) a witness’s prior inconsistent statements, written or oral; benefits given and promises made to the witness; information that tends to show that the witness has a personal motive to inculpate the defendant; and information that tends to show that the witness has a physical or mental impairment that could affect the witness’s ability to perceive, recall, or recount relevant events. Giglio Material developed less than four weeks before trial (e.g., as a result of further interviews of witness) must be disclosed immediately.

All sentencing submission documents must be filed publicly in ECF system

Source text: 3. Public Filing. The Court assumes that every document in a sentencing submission, including letters, will be filed in the public record, through the ECF system. If letters are filed electronically, they shall be grouped and filed together as attachments to a single document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated.

Defendant files own letters; Government files victim letters; translations required for non-English letters

Source text: 4. Letters. The defendant is responsible for filing all letters submitted on behalf of the defendant, including those from friends and relatives. The Government is responsible for filing all letters from victims. The parties shall provide an English translation for any letter written in a language other than English.

Parties must submit digital exhibits and index one week before final pretrial conference.

Source text: At least one week before the final pretrial conference, the parties shall provide the Court with a digital copy of exhibits and demonstrative aids that they intend to use in their case in chief at trial, and an index (exhibit list).

Deposition designations must be submitted two trial days before offering testimony.

Source text: The parties shall submit to the Court designations and counter-designations of deposition testimony they seek to offer at trial two trial days before the designating party intends to offer the testimony at trial.

Opposing party must note objections in margin with basis.

Source text: The opposing party shall object in the margin by noting the basis for objection (e.g., FRE 801, 802 or hearsay).

Bench trials require one-page synopsis per deposition with page citations.

Source text: In a bench trial, for all deposition excerpts that will be offered as substantive evidence, the offering party shall submit a brief synopsis of the excerpts, not to exceed one page for each deposition, including page citations to the deposition transcript.

Court admits exhibits with no objections or resolved objections before opening statements on first trial day.

Source text: On the first trial day, before opening statements, the Court will admit exhibits as to which there are no objections or as to which any objections have been resolved.

Parties must email witness and exhibit lists (Excel format) to Court 3 business days before trial (or first day in criminal cases).

Source text: No later than three business days before trial, and in criminal cases on the first day of trial, the parties shall email the Court the current witness list and exhibit list. The exhibit list shall be in Excel format and shall include a column to indicate when an exhibit is admitted.

Parties must email updated exhibit and witness lists to Court by 8:30 AM each trial day.

Source text: Each trial day, by 8:30 A.M., the parties shall email the Court an updated exhibit list and updated witness list, indicating which, if any, exhibits are new.

Government must provide Court with 2 hard copies or 1 digital copy of 3500 material at start of criminal trial.

Source text: In criminal cases, at the beginning of trial, the Government shall provide the Court with two hard copies or one digital

Preliminary jury instructions given before opening statements.

Source text: (b) Preliminary Instructions. The Court will give preliminary instructions on the law at the beginning of the trial, before the parties’ opening statements.

Final jury instructions given before closing statements; written copies provided.

Source text: (d) Final Instructions. The Court will give final instructions on the law at the end of the presentation of evidence, before the parties’ closing statements. The Court will communicate clearly to the jury that the instructions given at the end of the trial will control deliberations. Each juror will be provided with a written copy of the final instructions for use while the jury is being instructed and during deliberations.

Jurors may submit written questions for witnesses.

Source text: (a) Juror Questions. The Court will permit jurors to submit written questions for witnesses.

Jurors may take notes; notes collected and destroyed after trial.

Source text: (b) Juror Note Taking. Jurors will be permitted but not required to take notes during the trial. Jurors will be instructed that the notes are to aid their memory of the evidence and are not to substitute for their recollection of the evidence in the case. Counsel shall confer and arrange to provide each juror with a notebook or paper and pens at the beginning of trial. The notes will be collected and destroyed at the conclusion of the trial.

Digital copies of admitted exhibits required before jury deliberations.

Source text: (a) Exhibits. The Court ordinarily will provide all exhibits admitted into evidence to the jurors for use in the jury room for use during deliberations. Immediately before the jury deliberates, the parties shall provide the court with digital copies of the admitted exhibits as set forth in Section I.B.2 above.

Only one attorney per party may examine/cross-examine each witness.

Source text: Only one attorney for each party shall examine, or cross-examine, each witness. The attorney stating objections, if any, during direct examination, shall be the attorney recognized for cross-examination.

Objections must be brief and direct; no arguing objections in front of jury.

Source text: In making an objection, counsel shall be brief and direct. (For example, 'Objection, hearsay.') In jury trials, counsel shall not argue the objection in the presence of the jury or argue with the ruling of the Court in the presence of the jury.

Stipulation offers/requests must be made privately, not in front of jury.

Source text: Offers of, or requests for, a stipulation shall be made in private (not within the hearing of the jury). Such matters may be raised during a recess.

Counsel must not approach bench or witnesses; documents provided electronically.

Source text: Counsel shall refrain from approaching the bench or any witness. Any document counsel wishes to have the Court examine ordinarily shall be provided to the Court electronically.

Documents for witness questioning must be prepared at start of examination.

Source text: Counsel intending to question a witness about a group of documents shall have all documents prepared at the beginning of the examination.

Fact witnesses excluded until after testifying, except one corporate rep per side.

Source text: Fact witnesses shall not be in the courtroom until after they have testified, except that one corporate representative per side may be present in the courtroom or remotely for the duration of the trial.

No conferring with witness during cross-examination, including breaks.

Source text: Counsel may not confer with a witness who is being cross-examined, including during breaks and overnight.

No motions to qualify witnesses as experts.

Source text: Counsel shall not move to 'qualify' a witness as an expert.

Revised Scheduling Order required if extension affects other deadlines.

Source text: If the requested adjournment or extension would affect any other scheduled deadlines or dates, a proposed Revised Scheduling Order must be attached. A Microsoft Word version of the Revised Scheduling Order must be emailed to ReardenNYSDChambers@nysd.uscourts.gov.

Notices of appearance must be filed promptly upon removal.

Source text: Counsel for all parties must file notices of appearance in this Court promptly upon removal.

FLSA settlement agreements require Court approval with all necessary information.

Source text: Parties that seek to settle FLSA claims through a stipulated dismissal with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) must submit the settlement agreement and all other necessary information for Court approval in accordance with Cheeks v.

Joint Pretrial Order due 30 days after discovery closes or dispositive motion decision.

Source text: Unless otherwise ordered by the Court, within 30 days of the close of discovery—or, if any dispositive motion is filed, within 30 days of the Court’s decision on such motion—the parties shall file on ECF, and email to the Court, a proposed Joint Pretrial Order that includes the information required by Rule 26(a)(3) of the Federal Rules of Civil Procedure, as well as the following:

Digital copies of trial exhibits and demonstrative aids required one week before final pretrial conference.

Source text: At least one week before the final pretrial conference, the parties shall provide the Court with a digital copy of exhibits and demonstrative aids that they intend to use in their case in chief at trial, as well as an index.

Trial exhibit index must follow marking requirements from paragraph 7.A.xii.

Source text: The index shall be marked as specified in paragraph 7.A.xii above.

Exhibit list must have four columns: Exhibit Number, Description, Date Identified, Date Admitted.

Source text: The list shall be divided into four columns labeled as follows: (1) Exhibit Number; (2) Description (of the exhibit); (3) Date Identified; and (4) Date Admitted.

First two columns of exhibit list must be completed by parties; last two left blank for Court.

Source text: The parties shall complete the first two columns but leave the third and fourth columns blank, for use by the Court.

Expert witness disclosures required one week before trial under FRCP 26(a)(2) or FRCrP 16.

Source text: At least one week before trial, each of the parties must submit to the Court any disclosures pertaining to expert witnesses under Federal Rule of Criminal Procedure 16 or Federal Rule of Civil Procedure 26(a)(2).

Protective order must conform to Court's model and include cover letter stating adoption status and redline of changes.

Source text: proposed protective order that conforms as closely as possible to the Court’s model Protective Order. The proposed protective order must be accompanied by a cover letter that states whether the parties have adopted, without alteration, the Court’s model Protective Order, or whether the parties propose alterations. Any proposed changes must be reflected in a redline that should be filed as an exhibit to the proposed protective order.

Certificate of Default required for each defaulting party under FRCP 55(a) and LCR 55.1.

Source text: Obtain a Certificate of Default for each defaulting party pursuant to Federal Rule of Civil Procedure 55(a) and Local Civil Rule 55.1.

Motion for default judgment must include declarations with service details, procedural history, damages analysis, and supporting evidence.

Source text: The motion must be supported by the following papers: a. One or more declarations or affidavits setting forth: i. the basis for entering a default judgment, including a description of the method and date of service of the summons and complaint; ii. the procedural history beyond service of the summons and complaint, if any; iii. whether, if the default is applicable to fewer than all of the defendants, the Court may appropriately order a default judgment on the issue of damages prior to resolution of the entire action; iv. the proposed damages and the basis for each element of damages, including interest, attorneys’ fees, and costs; and v. evidence in support of the proposed damages, including contemporaneous records and other such documentation.

Memorandum of law required with service authority, choice of law, cause of action elements, liability analysis, damages authority, and inquest analysis.

Source text: b. A memorandum of law setting forth: i. legal authority for why service of the summons and complaint was proper; ii. choice of law; iii. the elements of each cause of action as to which default judgment is sought, with supporting legal authority; iv. for each defendant and for each cause of action as to which default judgment is sought, an analysis demonstrating that the facts pleaded in the complaint support the conclusion that the relevant defendant is liable with respect to that cause of action; v. legal authority supporting each category of damages requested; vi. legal authority for why an inquest into damages is or is not necessary; and vii. where, in the view of the moving party no inquest is necessary, for each defendant as to which default judgment is sought, an analysis demonstrating

Pro se parties must serve other pro se parties and file affidavit of service

Source text: A pro se party must send copies of any filing to that party and include an Affidavit of Service or other statement affirming that it has done so.