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.

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.

Agreed case management plans must be submitted via ECF no later than two days before the scheduled initial pretrial conference.

Source text: If the parties can agree to a case management plan in the form found online at http://nysd.uscourts.gov/judge/Mcmahon, they should submit it to Chambers by filing it via ECF no later than two days prior to the scheduled initial conference.

Plaintiffs with RICO claims must file a RICO Case Statement within 30 days of filing the complaint.

Source text: In all matters in which the complaint contains a RICO claim, the plaintiff(s) must file a RICO Case Statement, in accordance with the Court’s RICO Case Standing Order, which is available on the Court’s website (http://nysd.uscourts.gov/judge/Mcmahon), within 30 days of filing the complaint.

Requests to exceed memoranda page limits must be made in writing 5 days before due date (1 day for reply briefs).

Source text: Requests to file memoranda exceeding the page limits set forth herein must be made in writing five days prior to the due date, except with respect to reply briefs, in which case the time is one day prior to the due date.

Oppositions to lead counsel motions in PSLRA cases must be filed within 14 business days of the motion due date, with no extensions permitted.

Source text: Opposition to each such motion must be filed separately and must be received by the court no later than fourteen (14) business days following the date on which such motions are due. NO EXTENSIONS WILL BE GRANTED.

Wait at least 30 days after service before applying for certificate of default to allow for appearance by mail.

Source text: Wait at least 30 days after service is effected to allow for the receipt of an appearance by mail; then

Summary judgment motions must be filed within 30 days after the close of discovery.

Source text: Summary judgment motions must be made no later than 30 days after the close of discovery (see the Court’s Case Management Order).

Daubert motions to exclude expert testimony must be filed by the dispositive motion deadline and not 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.

Responses to in limine motions are due 5 days after the motion is filed.

Source text: Reponses are due five days later.

Defendants must depose plaintiff within 30 days of filing qualified immunity notice of motion, before briefing, as this is the only allowed plaintiff deposition pre-discovery.

Source text: In order to avoid wasting time with pre-answer qualified immunity motions that are likely to prove meritless, this Court requires the defendant(s) to depose the plaintiff before briefing a pre-discovery motion for qualified immunity. That way the plaintiff’s side of the story, including all of the plaintiff’s allegations about what the defendants did, will be fixed and known. The deposition must be taken within 30 days after filing the notice of motion that raises the issue of qualified immunity. Absent extraordinary circumstances (decided upon application to the Court), this will be the only deposition of the plaintiff during the lawsuit.

Defendants have 30 days after plaintiff’s deposition to file brief in support of qualified immunity motion.

Source text: After the plaintiff’s deposition, the defendant(s) has/have thirty days to file a brief in support of the motion to dismiss (order your deposition transcript accordingly, please).

Plaintiff has 30 days after defendant’s brief filing to file response to qualified immunity motion.

Source text: The plaintiff will have 30 days from the filing of the brief in support of the motion to file its response.

Counsel are prohibited from setting a return date for motions.

Source text: Counsel are not to set a “return date.”

In limine motions must be filed no later than 5 days after final pretrial conference notice, not with the pretrial order.

Source text: In limine motions are not to be filed with the pretrial order. They must be filed no later than five days after the parties are noticed for final pretrial conference.

Counsel must submit and exchange proposed findings, trial memoranda, and sworn witness statements 20 days before final pretrial conference in bench trials unless otherwise instructed.

Source text: Unless otherwise instructed, counsel are required to submit and exchange twenty days before the final pretrial conference: • Proposed findings of fact and conclusions of law; • Trial memoranda of law that identify the issues, summarize the facts, and review the applicable law, not to exceed 25 double-spaced pages; • Sworn statements constituting the direct testimony of each witness to be presented.

In bench trials, witness statements (excluding hostile/uncontrolled witnesses) must be submitted and exchanged 10 days before final pretrial conference.

Source text: In bench trials, counsel must prepare and exchange sworn statements containing the direct testimony of each witness they intend to call, other than hostile witnesses or witnesses outside of their control. These witness statements will be submitted and exchanged ten days before the final pretrial conference and shall be used at trial in accordance with the following procedure:

For civil evidentiary hearings, parties must submit sworn witness statements, memoranda of law, and proposed findings 10 days before the hearing.

Source text: Evidentiary hearings in civil matters are conducted according to the Judge’s rules for bench trials, Part VII.F, supra. Thus, no fewer than ten days before an evidentiary hearing, parties should submit (a) sworn witness statements, (b) memoranda of law, and (c) proposed findings of fact and conclusions of law.

For civil evidentiary hearings, counsel must provide pre-marked exhibits to adversary and Court 5 days before, with specific formatting requirements.

Source text: In addition, and also no fewer than five days before an evidentiary hearing, counsel shall provide one pre-marked set of exhibits for the adversary and one for the Court. All exhibits must be pre-marked, using the form PX-1 through PX-n and DX-1 through DX-n. If possible, exhibits should be bound or collated in a binder. Each exhibit should be tabbed. Exhibits containing multiple documents (e.g., multiple banks statements) are disfavored. The copies provided to the Court will be for the Court’s use only. Counsel should bring their own copies for use by witnesses.

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.

Represented parties must file the amended or supplemental pleading within seven days of the order granting a Fed. R. Civ. P. 15(a)(2) or (d) motion.

Source text: The granting of a motion under Rule 15(a)(2) or (d) does not constitute the filing of the amended or supplemental pleading. Unless the court orders otherwise, a represented moving party must file the new pleading within seven days of the order granting the motion.

Initial interrogatories must be served on or before a specified date.

Source text: Initial sets of interrogatories shall be served on or before .

Subsequent interrogatories must be served no later than 30 days before the fact discovery deadline.

Source text: All subsequent interrogatories must be served no later than 30 days before the fact discovery deadline.

Requests for admission must be served no later than 30 days before the fact discovery deadline.

Source text: Requests for admission must be served on or before , and in any event no later than 30 days before the fact discovery deadline.

Subsequent requests for production must be served no later than 30 days before the fact discovery deadline.

Source text: All subsequent requests for production must be served no later than 30 days before the fact discovery deadline.

Rule 26(e) supplementations must be made within a reasonable time after information discovery, and no later than the fact discovery deadline.

Source text: Supplementations under Rule 26(e) must be made within a reasonable period of time after discovery of such information, and in any event, no later than the fact discovery deadline.

Parties must exchange privilege logs by a specified date if claiming privilege or work product protection.

Source text: To the extent that any party claims any privilege or work product protection, privilege logs will be exchanged by _____________________.

Pleading amendments after the Rule 15(a) deadline are only permitted with a showing of good cause under Rule 16(b)(4).

Source text: Amendment of pleadings after this date will be permitted only on a showing of “good cause” under Fed. R. Civ. P. 16(b)(4).

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.

Filing a motion for summary judgment does not extend the pretrial order deadline unless the Court orders otherwise, and such extensions are disfavored.

Source text: The filing of a motion for summary judgment does not excuse or extend the time for filing the pretrial order unless the Court otherwise directs. Such applications are disfavored and will almost never be granted.

Date and hour calculations use FRCP 6 for civil matters and FRCP 45 for criminal matters.

Source text: All date and hour calculations are governed by Federal Rule of Civil Procedure 6, in civil matters, or Federal Rule of Criminal Procedure 45, in criminal matters.

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.