Southern District of New York Filing Timing and Cure Windows

Privilege logs must be promptly produced and updated on a rolling basis as documents are produced.

Source text: Privilege logs must be promptly produced and updated on a rolling basis as documents are produced.

Opposing parties must make themselves available to confer within 2 business days of a discovery dispute conference request.

Source text: Where a party raises a discovery dispute with the opposing party, the opposing party must make itself available to confer in good faith to resolve the dispute within two business days of a request for a conference. If a party requests a Lead Trial Counsel conference, Lead Trial Counsel for the opposing party must make themselves available within two business days.

Discovery dispute letter-motions may be filed after 10 business days of dispute or sooner if impasse is reached.

Source text: If the meet-and-confer process does not resolve the dispute within 10 business days of the dispute first being raised (or sooner, if an impasse has been reached), the party seeking discovery may file on ECF a letter-motion

Oppositions to letter-motions seeking relief must be filed within two business days.

Source text: Any opposition to a letter-motion seeking relief shall be filed as a letter, not to exceed three pages, within two business days.

Expert exclusion motions (Daubert) must be filed by the dispositive motion deadline and should not be treated as motions in limine.

Source text: Unless the Court orders otherwise, motions to exclude testimony of experts, pursuant to Rules 702–705 of the Federal Rules of Evidence and the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), line of cases, must be made by the deadline for dispositive motions and should not be treated as motions in limine.

Joint pretrial order must be submitted at least 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...

Parties must submit a list of affiants to cross-examine three business days after submitting affidavits.

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.

Oppositions to motions in limine and pretrial memorandum legal arguments must be filed within one week of the pretrial order.

Source text: Unless otherwise ordered by the Court, any party may file the following documents within one week after the filing of the pretrial order: i. opposition to any motion in limine; and ii. opposition to any legal argument in a pretrial memorandum.

Parties must meet and confer before filing sealed/redacted documents; third parties must file explanatory letter within 3 business days of notice.

Source text: i. Meet and Confer. The party should meet and confer with any opposing party (or any third party seeking confidential treatment of the information) file a document under seal or in redacted form on the ground that an opposing party or third party has requested it, the filing party shall notify the opposing party or third party that it must file, within three business days, a letter explaining the need to seal or redact the document.

Parties must file proposed case management plan and joint letter on ECF 4 business days before initial conference.

Source text: At least four business days before the conference date, the parties must file on ECF: (1) a proposed Civil Case Management Plan and Scheduling Order, available on the Court’s website at https://nysd.uscourts.gov/hon-paul-engelmayer; and (2) a joint letter, not to exceed three single-spaced pages in length, describing the case, any contemplated motions, and the prospect for settlement.

Responses to discovery dispute letters must be filed within 3 business days; responding party should call chambers to advise of response.

Source text: If the opposing party wishes to respond to the letter, it must do so within three business days and should call Chambers promptly to advise that a responsive letter will be forthcoming.

Plaintiff has 21 days to amend pleading after motion to dismiss is filed.

Source text: If a motion to dismiss is filed, the plaintiff has a right to amend its pleading, pursuant to Federal Rule of Civil Procedure 15(a)(1)(B), within 21 days.

Motion papers must be filed promptly after service.

Source text: Motion papers shall be filed promptly after service.

Jury case parties must submit joint settlement conference consent letter within 2 weeks of close of fact discovery.

Source text: In cases to be tried by jury, within two weeks of the close of fact discovery, the parties must submit a joint letter to the Court stating whether all parties consent to a settlement conference to be held before this Court or the assigned Magistrate Judge.

If TRO adversary is notified but does not consent, application must be filed at a time mutually agreeable to both parties.

Source text: If a party’s adversary has been notified but does not consent to temporary injunctive relief, the party seeking a restraining order must file the application at a time mutually agreeable to it and the adversary, so that the Court may have the benefit of advocacy from both sides in deciding whether to grant temporary injunctive relief.

Deposition excerpts offered as substantive evidence must be submitted at the time of joint pretrial order filing.

Source text: All deposition excerpts which will be offered as substantive evidence, as well as a one-page synopsis of those excerpts for each deposition.

All documentary exhibits must be submitted at the time of joint pretrial order filing.

Source text: All documentary exhibits.

Opposition documents must be filed within one week after the pretrial order is filed.

Source text: within one week after the filing of the pretrial order

Opposition documents must be filed no less than two days before the scheduled trial date.

Source text: in no event less than two days before the scheduled trial date

Parties must submit affidavits of direct testimony to the court at the time of joint pretrial order filing, with exceptions for certain witnesses.

Source text: At the time the joint pretrial order is filed, each party shall submit to the Court and serve on opposing counsel, 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.

Counsel must submit a list of affiants to cross-examine three business days after submitting affidavits.

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.

Parties should promptly move for default judgment if the opposing party fails to respond to a claim.

Source text: If a party fails to respond to a claim, the party asserting the claim should promptly move for entry of default judgment if appropriate.

Oral argument may be requested by letter filed with motion/opposition/reply papers.

Source text: Parties may request oral argument by letter at the time their moving or opposing or reply papers are filed.