Southern District of New York Pre-Motion Conference Requirements

Pre-motion conferences required for motions before Judge Gorenstein except for pro hac vice, reconsideration, certain appeal motions, recusal, and show cause applications.

Source text: As described below, pre-motion conferences are required where the proposed motion is returnable before Judge Gorenstein, or where the proposed motion has been referred to Judge Gorenstein, except that no pre-motion conference is required for motions for admission pro hac vice, motions for reconsideration or reargument, motions listed in Fed. R. App. P. 4(a)(4)(A), motions for recusal, and applications made by order to show cause.

Discovery motions require good faith conference first; moving party must certify conference details in 5-page letter; opposing party responds promptly.

Source text: Discovery Motions. No application relating to discovery (that is, any dispute arising under Rules 26 through 37 or Rule 45 of the Federal Rules of Civil Procedure) shall be heard unless the moving party has first conferred in good faith by telephone or in person with all other relevant parties in an effort to resolve the dispute. A party must respond within one business day to any request from another party to confer unless an emergency prevents such a response. If the conference with the relevant parties has not resolved the dispute, the moving party must confirm this fact with the opposing party and must inform the opposing party during the conference that as a result of the impasse the moving party intends to seek relief from the Court regarding the dispute. The moving party must thereafter promptly request a conference with the Court. See Local Civil Rule 37.2. To request a conference with the Court, the moving party shall submit a letter (normally not more than five pages) setting forth the basis of the dispute and the need for the anticipated motion. (Do not use the “Letter Motion” category on ECF for such a letter; use instead the “Letter” category.) The letter must certify that the required in-person or telephonic conference took place between the relevant parties. The letter must also state (1) the date and time of such conference, (2) the approximate duration of the conference, (3) the names of the attorneys who participated, (4) the adversary’s position as to each issue being raised (as stated by the adversary during the in-person or telephonic 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. None of these requirements may be satisfied by attaching copies of communications between the parties and it is usually unhelpful to attach such communications. The party opposing the requested relief must submit a letter to the Court in response as soon as practicable and in any event within

Pre-motion letter (max 3 pages) required before motions to dismiss.

Source text: To arrange a pre-motion conference for non-discovery matters, the moving party shall submit a letter setting forth briefly (normally in not more than three pages) the nature of the anticipated motion. An opposing party shall respond within two business days.

If parties unavailable for call, send 2-page letter to chambers describing efforts and proposed motion.

Source text: If, after successive attempts, counsel for any affected party is unavailable for the call, the initiating party may then send Chambers and all affected counsel an email or a letter, not to exceed two double-spaced pages, describing the efforts made to convene a conference call and briefly describing the proposed motion or application.

All adjournment, extension, and pre-motion conference requests must be filed as ECF letter-motions.

Source text: Letter-Motions. Letter-motions may be filed via ECF if they comply with the S.D.N.Y. Local Rules and the S.D.N.Y. “Electronic Case Filing Rules and Instructions” (the “ECF Rules”). All requests for adjournments, extensions, and pre-motion conferences (including pre-motion conferences with respect to discovery disputes) shall be filed as letter-motions.

Non-moving party must notify Court within 10 days of motion to dismiss whether it will amend or rely on current 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.

Summary judgment motions must be submitted within 30 days of close of discovery unless Court orders otherwise.

Source text: Unless otherwise ordered by the Court, summary judgment motions shall be submitted within 30 days of the close of all discovery.

Pre-motion conference required for summary judgment before discovery closes; 2-page letter and 3-day response allowed.

Source text: A pre-motion conference with the Court is required before making any such motion. To arrange a pre-motion conference, the moving party shall submit a letter of not more than two pages setting forth the basis for the anticipated motion and explaining why exceptional circumstances justify submitting it before discovery closes. The opposing party may respond with a letter of not more than two pages within three days after the pre-motion letter is filed.

Discovery disputes require good-faith meet-and-confer before filing letter-motion; responses due within 2 business days.

Source text: Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, the party may file a letter-motion, explaining the nature of the dispute and requesting an informal conference. Such a letter must include a representation that the meet-and-confer process occurred by telephone or in person and was unsuccessful. If the opposing party wishes to respond to the letter, it must submit a responsive letter, within two business days of the initial letter.

Summary judgment motions must be submitted within 30 days after discovery closes unless otherwise ordered.

Source text: Unless otherwise ordered by the Court, summary judgment motions shall be submitted within 30 days of the close of all discovery.

Pre-motion conference required for summary judgment motions filed before discovery closes.

Source text: Summary judgment motions made before the close of discovery are strongly discouraged, although the Court will consider them in exceptional circumstances. A pre-motion conference with the Court is required before making any such motion.

Response to pre-motion letter limited to 2 pages and due within 3 days.

Source text: The opposing party may respond with a letter of not more than two pages within three days after the pre-motion letter is filed.

Motion briefing limited to three rounds: supporting, opposing, and reply.

Source text: As to motions, there shall be no more than three rounds of serving and filing papers: supporting affidavits and briefs, opposing affidavits and briefs, and reply affidavits and briefs.

Motion briefing is limited to three rounds: opening, opposition, and reply.

Source text: As to motions, there shall be no more than three rounds of serving and filing papers: supporting affidavits and briefs, opposing affidavits and briefs, and reply affidavits and briefs.

Letter-motions must be filed using the letter-motion option for specific requests

Source text: Letter-motions, as permitted by Local Civ. R. 7.1(d) and § 13.1 of the SDNY ECF Rules & Instructions, should be filed using the "letter-motion" option, listed under "motion." In particular, parties should file as letter-motions all requests for pre-motion conferences, adjournments, extensions, increased page limits, and other relief that may be granted without a hearing.

Discovery motions require good faith meet-and-confer in real time before filing.

Source text: No discovery dispute will be heard unless the moving party (including a non-party seeking relief from a subpoena) has first conferred in good faith and in "real time" (e.g., in person or by telephone) with the adverse party or parties, in an attempt to resolve the dispute. An exchange of letters or email alone does not satisfy this requirement.

Discovery letter-motions must certify meet-and-confer and detail conference specifics.

Source text: The letter-motion must succinctly set forth the basis of the dispute and the relief sought, certify that the required good faith conference took place, and state: (1) the date, time, and duration of the parties' conference; (2) the names of the counsel who participated; and (3) the position of any relevant adverse party as to each contested issue.

Discovery letter-motions must include verbatim disputed requests and responses.

Source text: The letter-motion must set forth verbatim each discovery request and response in contention in accordance with Local Civ. R. 37.1 and 5.1. This requirement may be satisfied by attaching the relevant request(s) and response(s) to the letter-motion.

Discovery motions require good faith real-time conference before filing.

Source text: No discovery dispute will be heard unless the moving party (including a non-party seeking relief from a subpoena) has first conferred in good faith and in "real time" (e.g., in person or by telephone) with the adverse party or parties, in an attempt to resolve the dispute. An exchange of letters or email alone does not satisfy this requirement.

Opposition to letter-motions due within 3 court days; reply within 2 court days.

Source text: Unless the Court has ordered otherwise or the parties have agreed to a different briefing schedule, any opposition to a letter-motion shall be filed within three court days of the moving letter, and any reply shall be filed within two court days of the opposition.

Discovery motions require an informal conference request before filing.

Source text: For discovery motions, follow Local Civil Rule 37.2, requiring the moving party to request an informal conference with the Court before the filing of any such motion.

Discovery-motion practice requires strict compliance with the Rule 37(a)(1) meet-and-confer requirement.

Source text: Strict adherence to Fed. R. Civ. P. 37(a)(1), the “meet and confer” rule, is required.

A pre-motion conference is required for motions generally, with specific listed motion-type exceptions.

Source text: A pre-motion conference with the Court is required before making any motion, except: • orders to show cause; • motions for admission pro hac vice; • motions to remand; • motions for reargument or reconsideration (time to oppose (14 days); time to reply (7 days)); • motions for reduction of sentence; • in forma pauperis motions; • applications for attorney’s fees; • motions to be relieved as counsel; • motions for a new trial or amendment of judgments; • motions for default judgment;

For reargument or reconsideration motions, opposition is due in 14 days and reply is due in 7 days.

Source text: motions for reargument or reconsideration (time to oppose (14 days); time to reply (7 days));

The moving party must submit a pre-motion letter limited to 3 pages, excluding letterhead and signature blocks, explaining the basis for the anticipated motion.

Source text: To arrange a pre-motion conference, the moving party should submit a letter, not to exceed 3 pages (exclusive of letterhead and signature block(s)), setting forth the basis for the anticipated motion.

The opposing party must submit a responsive pre-motion letter within 3 business days, with a 3-page limit.

Source text: The opposing party should submit a letter, also not to exceed 3 pages, setting forth its position within 3 business days from the service of the moving party’s letter.

Counsel must hold at least a one-hour good-faith settlement meeting at least 14 days before filing the joint pretrial order.

Source text: At least 14 days before the parties file their joint pretrial order, all counsel must meet for at least one hour to discuss settlement in good-faith.

Pre-motion conference required for all motions except specific enumerated exceptions.

Source text: A pre-motion conference with the Court is required before making any motion, except: • orders to show cause; • motions for admission pro hac vice; • motions to remand; • motions for reargument or reconsideration (time to oppose (14 days); time to reply (7 days)); • motions for reduction of sentence; • in forma pauperis motions; • applications for attorney’s fees; • motions to be relieved as counsel; • motions for a new trial or amendment of judgments; • motions for default judgment;

Discovery motions require informal conference and strict meet-and-confer compliance.

Source text: For discovery motions, follow Local Civil Rule 37.2, requiring the moving party to request an informal conference with the Court before the filing of any such motion. Strict adherence to Fed. R. Civ. P. 37(a)(1), the “meet and confer” rule, is required.

Pre-motion letter required (max 3 pages) with 3 business day response deadline

Source text: To arrange a pre-motion conference, the moving party should submit a letter, not to exceed 3 pages (exclusive of letterhead and signature block(s)), setting forth the basis for the anticipated motion. The opposing party should submit a letter, also not to exceed 3 pages, setting forth its position within 3 business days from the service of the moving party's letter.

Counsel must meet for at least one hour to discuss settlement 14 days before filing joint pretrial order

Source text: At least 14 days before the parties file their joint pretrial order, all counsel must meet for at least one hour to discuss settlement in good-faith

Discovery disputes require good faith confer with opposing party, including Lead Trial Counsel conference.

Source text: Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party—in person, by videoconference, or by telephone—to resolve the dispute. This process must include at least one conference among Lead Trial Counsel for the parties involved in the dispute.

Non-moving party must notify intent to amend within 10 days of motion to dismiss.

Source text: When a motion to dismiss is filed and the non-moving party elects to amend its pleading pursuant to Federal Rule of Civil Procedure 15(a)(1), the non-moving party must, within 10 days of receipt of the motion, notify the Court and its adversary if it intends to file an amended pleading pursuant to Rule 15(a)(1), and the date by which it will do so.

Only one summary judgment motion allowed without prior Court approval.

Source text: Parties may not file more than one motion for summary judgment absent prior Court approval.

Expert testimony exclusion motions must be filed by dispositive motion deadline, not as motions in limine.

Source text: 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.

Default judgment must be sought by motion on ECF, not by order to show cause.

Source text: A party seeking a default judgment must proceed by filing a motion for default judgment on ECF pursuant to Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(b). A party seeking a default judgment should not proceed by order to show cause.

Discovery disputes require good faith conferral with Lead Trial Counsel participation, 2-business-day response requirement, and 10-business-day waiting period before filing with the Court.

Source text: Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party—in person, by videoconference, or by telephone—to resolve the dispute. This process must include at least one conference among Lead Trial Counsel for the parties involved in the dispute. 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. 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

Discovery disputes require good-faith meet and confer before a letter motion; the letter is limited to 3 single-spaced pages and must certify that meet and confer occurred.

Source text: Any party wishing to raise a discovery dispute with the Court must first meet and confer in good faith with the opposing party, in person or by telephone or video conferencing, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, the party may file a letter motion with the Court or, if applicable, to the Pro Se Intake Clerk, no longer than 3 single-space pages, explaining the nature of the dispute and requesting a conference. Such letter must include a representation that the meet-and-confer process occurred, including when and whether it was in person or over the telephone.

Before filing a Rule 12(b) or 12(c) motion, the moving party must notify plaintiff and offer a chance to amend; if declined, the notice of motion must include a specific certification statement.

Source text: Except in cases involving pro se parties, if a motion pursuant to Fed. R. Civ. P. 12(b) or 12(c) is contemplated, the moving party must so inform the plaintiff or counterclaimant and explain the basis for the anticipated motion. The plaintiff or counterclaimant must then indicate whether they wish to amend the subject pleading before motion practice, and the parties must consider in good faith a stipulation permitting such amendment. If the parties are unable to reach a resolution, the moving party shall include the following statement in the notice of motion: "This motion is made following the conference of counsel, which took place on [date]. Plaintiff [or Counter-Claimant] declined an opportunity to amend."

A pre-motion conference is required before filing any motion, except motions by incarcerated pro se litigants, reconsideration, new trial, motions in limine, and time-certain federal rule motions.

Source text: A pre-motion conference with the Court is required for all other motions except for (i) motions by incarcerated pro se litigants, (ii) motions for reconsideration, (iii) motions for a new trial, (iv) motions in limine, and (v) motions required by the Federal Rules of Appellate Procedure or the Federal Rules of Civil Procedure to be made by a time certain.

Pre-motion conference request letters are limited to 3 single-spaced pages and must summarize the motion basis; each opposing party has 3 business days to respond with up to 3 pages.

Source text: Letters requesting a pre-motion conference should summarize the basis of the motion and may not exceed 3 pages single-spaced. Within 3 business days following submission of the requesting letter, each opposing party may submit a written response of no more than 3 pages.

Motions in limine are filed with the pretrial order; oppositions are due two weeks later; no replies without court permission.

Source text: Each party shall file and serve any motions in limine at the same time as the proposed pretrial order. Within two weeks thereafter, each party shall file and serve its opposition to any motion in limine. There shall be no replies unless requested by the Court.

Discovery disputes require conference before filing letter-motion (max 3 pages)

Source text: If there are any discovery disputes, the parties are required to confer with one another to try to resolve the dispute without the need for Court intervention. If the parties are unable to resolve their dispute, either party may file a letter-motion, no longer than three pages and in accordance with Section 2 above, explaining the nature of the dispute and requesting an informal conference.

Sur-reply memoranda are prohibited unless permitted for good cause in extraordinary situations.

Source text: Sur-reply memoranda are not allowed (unless specifically permitted in extraordinary situations for good cause).

Pre-motion letters/conferences required only for discovery disputes and SJ in non-jury cases.

Source text: Pre-motion letters and conferences are not required, except for: (i) discovery disputes under Section 4(k) of these Rules; and (ii) summary judgment motions in non-jury cases under Section 4(g) of these Rules.

Summary judgment motions in non-jury cases require prior leave via ECF letter.

Source text: Summary judgment motions are strongly discouraged in non-jury cases. Notwithstanding Section 4(a) of these Rules, a party seeking to file a motion for summary judgment in a non-jury case shall file a letter on ECF seeking leave to move for summary judgment prior to filing any motion.

Only one summary judgment motion permitted without prior Court approval.

Source text: Parties may not file more than one motion for summary judgment absent prior Court approval.

Default judgment must be sought by motion on ECF, not by order to show cause.

Source text: A party seeking a default judgment must proceed by filing a motion for default judgment on ECF pursuant to Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(b). A party seeking a default judgment should not proceed by order to show cause.

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

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.

Adjournment, extension, and pre-motion conference requests must be filed as letter-motions via ECF.

Source text: Letter-motions may be filed via ECF if they comply with the S.D.N.Y. Local Rules and the S.D.N.Y. "Electronic Case Filing Rules and Instructions." In particular, all requests for adjournments, extensions, and pre-motion conferences (including pre-motion conferences with respect to discovery disputes) should be filed as letter-motions. A courtesy copy shall

Pre-motion conference required before most motions (except specified exceptions).

Source text: A pre-motion conference with the Court is required before making any other motion, except motions for admission pro hac vice, motions for reargument or reconsideration, motions for temporary restraining orders or preliminary injunctions, motions pursuant to Fed. R. Civ. P. 11(c)(2), or motions for which the Court has already set a briefing schedule.

Pre-motion letter (max 3 pages) required to arrange conference.

Source text: To arrange a pre-motion conference, the moving party must submit a letter, not to exceed three (3) pages, setting forth the basis for the anticipated motion.

Opposing party must submit 3-page letter at least one week before pre-motion conference.

Source text: at least one week before that conference, the opposing party must submit a letter, also not to exceed three (3) pages, setting forth its position

Discovery motions require informal conference with Court before filing, following meet-and-confer rule.

Source text: For discovery motions, follow Local Civil Rule 37.2, requiring the moving party to request an informal conference with the Court before the filing of any such motion. Strict adherence to Fed. R. Civ. P. 37(a)(1) – the “meet and confer” rule – is required.

Pre-motion conference required for all motions except specific enumerated exceptions

Source text: A pre‐motion conference is required for all other motions except: (1) motions that are required by the Federal Rules of Appellate Procedure or the Federal Rules of Civil Procedure to be made by a certain time; (2) motions by litigants in actions where a party is incarcerated and pro se; (3) motions for reconsideration; (4) motions for a new trial; (5) motions in limine; (6) motions to dismiss habeas corpus petitions; and (7) motions for judgment on the pleadings and motions to dismiss under Fed. R. Civ. P. 12.

Pre-motion conference required for Rule 12(b)/(c) motions with specific statement requirement

Source text: If a motion pursuant to Fed. R. Civ. P. 12(b) or 12(c) is contemplated, the parties shall meet and confer in advance so that the plaintiff or counterclaimant can consider whether they wish to amend the subject pleading before motion practice, and the parties must consider in good faith a stipulation permitting such amendment. If the parties are unable to reach a resolution, the parties shall submit a proposed briefing schedule to the Court. Counsel for the moving party shall include the following statement in the notice of motion: “This motion is made following the conference of counsel, which took place on [date]. Plaintiff [or Counterclaimant] declined an opportunity to amend.”

Oral argument requests must be made by letter after motion is fully briefed

Source text: Parties may request oral argument when the motion has been fully briefed. This request should be made by letter in accordance with the procedures set forth in Section II.

Motions in limine must be filed with proposed pretrial order; oppositions due within 2 weeks; no replies allowed.

Source text: Each party shall file and serve any motions in limine at the same time as the proposed pretrial order. Within two weeks of filing the proposed pretrial order, each party shall file and serve its opposition to any motion in limine. There shall be no replies for motions in limine.

Pre-motion conference required before most motions, with specific exceptions.

Source text: A pre-motion conference with the Court is required before making any other motion, except where a litigant believes that delay in filing the motion might result in the loss of a right or where a litigant seeks to make a motion in a case involving an incarcerated pro se litigant, motion for admission pro hac vice, motion for reargument or reconsideration, or motion for temporary restraining order or preliminary injunction.

Pre-motion letter (max 3 pages) required from moving party; opposition letter (max 3 pages) due within 3 business days.

Source text: To arrange a pre-motion conference, the moving party shall submit a letter, not to exceed three pages, setting forth the basis for the anticipated motion. The opposing party shall submit a letter, also not to exceed three pages, setting forth its position within three business days from the service of the moving party's letter.

Pre-motion conference required for discovery motions per Local Civil Rule 37.2.

Source text: For discovery motions, follow Local Civil Rule 37.2, requiring the moving party to request an informal conference with the Court before the filing of any such motion.

Pre-motion conference required for most motions with specific exemptions.

Source text: A pre-motion conference with the Court is required before making any other motion, except where a litigant believes that delay in filing the motion might result in the loss of a right or where a litigant seeks to make a motion in a case involving an incarcerated pro se litigant, motion for admission pro hac vice, motion for reargument or reconsideration, or motion for temporary restraining order or preliminary injunction.

Pre-motion letter required, limited to 3 pages, stating basis for anticipated motion.

Source text: To arrange a pre-motion conference, the moving party shall submit a letter, not to exceed three pages, setting forth the basis for the anticipated motion.

Opposing party must submit response letter within 3 business days, limited to 3 pages.

Source text: The opposing party shall submit a letter, also not to exceed three pages, setting forth its position within three business days from the service of the moving party's letter.

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.

Parties must get Court approval for alternate briefing schedules via notice of motion or Letter-Motion.

Source text: The parties are strongly encouraged to agree on a reasonable briefing schedule before the moving papers are filed. If the parties have agreed to such a schedule, the parties must request the Court’s approval of their alternate schedule, either in the moving party’s notice of motion or by Letter-Motion as soon as agreement is reached. Should the parties thereafter agree to modify their briefing schedule, they must promptly request the Court’s approval of the new schedule by Letter-Motion. The Court must approve the alternate or new briefing schedule; otherwise, the parties must adhere to the schedule as enumerated in Local Civil Rule 6.1.

Pre-motion conference generally required

Source text: 1. Pre-Motion Conference Generally Required .......................................................8

Pre-motion conference required for most motions with 10 business day notice and 1,200 word limit

Source text: Before bringing any motion (except certain motions listed below), a party shall file a letter motion on ECF requesting a pre-motion conference. This letter shall be filed at least 10 business days before the proposed conference date and shall identify all of the issues in dispute and explain the legal and other grounds for the motion. No later than five business days after receipt of the letter, subject to any superseding deadline ordered by the Court, an adversary wishing to oppose the motion shall file on ECF a written response. Each party shall file a single letter not to exceed 1,200 words, not including any attached exhibits, for each pre-motion conference.

Letter communication required for certain motions with 1,200 word limit and 7 day response

Source text: While a pre-motion conference also is not required for the following motions, the movant shall communicate with the opposing party by letter not exceeding 1,200 words, citing the controlling authorities that the movant contends would warrant granting the motion. The opposing party shall respond by similar letter within seven calendar days indicating the extent, if any, to which the opposing party concurs with movant’s objections and the amendments, if any, to be made to address them, or the reasons and controlling authority that support the pleadings as filed.

Pre-motion letter required for motions to dismiss (no pre-motion conference required).

Source text: Although a pre-motion conference is not required for a motion to dismiss, the movant must file a pre-motion letter with the Court in the manner provided in Rule III.A.1.

Pre-motion letter (max 750 words, single-spaced) required before motions to dismiss.

Source text: Before filing a motion to dismiss, a party must file a letter stating the basis for the motion and a proposed briefing schedule. The letter shall be no longer than 750 words, single-spaced. No response is required.

Parties must confer on discovery disputes before contacting the Court.

Source text: The parties shall confer amongst themselves with respect to discovery demands prior to raising any issue with the Court. Parties should not contact the Court regarding discovery disputes unless they have first attempted to resolve the issue with the opposing party without the assistance of the Court.

Pre-motion conference required for dispositive motions, with pre-motion letter due at least two weeks before conference.

Source text: On _______________ at ______A.M. [usually 14 days after the close of all discovery], a pre-motion conference will be held for any anticipated dispositive motions, provided: i. A party wishing to file a summary judgment or other dispositive motion shall file a pre-motion letter at least two weeks before the conference and in the form provided in the Court’s Individual Rule III.A.1. Any party wishing to oppose shall file a responsive letter as provided in the same Individual Rule.

Discovery disputes require conference before filing letter-motion (max 6 pages)

Source text: In the event of any discovery disputes, the parties are required to confer in an effort to resolve the dispute without Court intervention. If the parties are unable to resolve their dispute, either party may file a letter-motion, not to exceed six double-spaced pages, explaining the nature of the dispute and requesting an informal conference.

Opposition papers must be filed within 30 days; reply papers 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.

Opposition papers due 30 days after motion service; reply papers due 14 days after opposition receipt.

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.

Defendant must file and serve Pretrial Statement 14 days after plaintiff's statement 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.

Motion for default judgment required under FRCP 55(b)(2) and LCR 55.2(b); order to show cause not permitted.

Source text: File a motion for default judgment pursuant to Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(b). A party seeking a default judgment should not proceed by order to show cause.

Parties are limited to one summary judgment motion unless they obtain prior court approval.

Source text: Parties may not file more than one motion for summary judgment absent prior Court approval.

Parties must confer in good faith (including Lead Trial Counsel) before raising discovery disputes with the Court.

Source text: Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party—in person, by videoconference, or by telephone—to resolve the dispute. This process must include at least one conference among Lead Trial Counsel for the parties involved in the dispute.

Pre-motion conferences are not required except for discovery disputes, which follow Paragraph 5 procedures.

Source text: Pre-motion conferences are not required, except for disputes concerning discovery, which are governed by Paragraph 5 above.

Sur-reply memoranda are not accepted without prior court permission.

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

Discovery disputes require letter-motion (max 3 pages) and 5-day response.

Source text: If there are any discovery disputes, the parties are required to confer with one another in an effort to resolve the dispute without the need for Court intervention. If the parties are unable to resolve their dispute, either party may file a letter-motion, no longer than three pages and in accordance with Section 1 above, explaining the nature of the dispute and requesting an informal conference. If the opposing party wishes to respond to the letter, it must file a responsive letter within five business days, not to exceed three pages.

Motions in limine must be fully briefed one week before Final Pretrial Conference.

Source text: All motions in limine must be briefed so as to be fully submitted no later than one week before the Final Pretrial Conference. A courtesy copy of each submission should be emailed to Chambers at SwainNYSDCorresp@nysd.uscourts.gov on the date the paper is served and filed.

Pre-motion conferences not required except for discovery motions and summary judgment motions.

Source text: Pre-motion conferences are not required, except for motions concerning discovery, which are governed by Section 2.E above, and for summary-judgment motions, which are governed by Section 3.I below.

Good-faith conference required before filing discovery disputes; Court will not consider disputes without this requirement met.

Source text: Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. The Court enforces this requirement in both counseled and pro se cases (except where not feasible, such as when the pro se litigant is incarcerated) and will not consider any discovery dispute where the moving party has not satisfied the good-faith conference requirement.

Opposing party must notify Court within 1 business day and file response within 3 business days; reply letters not permitted.

Source text: If the opposing party wishes to respond to the letter, it must inform the Court within one business day that a responsive letter is forthcoming and file the letter within three business days. The same page limits and filing instructions apply. Reply letters are not permitted.

Pre-motion conference required for summary judgment/expert testimony motions, requested 3 weeks before post-discovery pretrial conference.

Source text: If a party wishes to move for summary judgment or to exclude expert testimony, it must, no later than three weeks before the post discovery pre-trial conference, request that the conference serve as a pre-motion conference.

Expert testimony exclusion motions must meet dispositive motion deadline, not treated as in limine.

Source text: Motions to exclude expert testimony must be made by the deadline for dispositive motions and should not be treated as a motion in limine.

Parties must confer and propose briefing structure, schedule, and page limits for summary judgment motions.

Source text: If both sides intend to file summary judgment motions, the parties should confer and propose (by letter-motion or orally at a conference) a briefing structure, schedule, and page limits.

Expert testimony exclusion motions must be filed by dispositive motion deadline, not as motions in limine.

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

Default judgment motions must not be filed as orders to show cause.

Source text: A party seeking a default judgment should not proceed by order to show cause.

Extensions/adjournments require letter-motion, not proposed stipulations

Source text: requests for extensions and adjournments must be made by letter-motion, not by proposed stipulation or proposed order.

Conference with adversary required before TRO application unless Rule 65(b)(1) applies

Source text: A party should confer with his or her adversary before making an application for a temporary restraining order unless the party seeking relief is able to satisfy the requirements for obtaining temporary relief without notice to the adverse party set forth in Rule 65(b)(1) of the Federal Rules of Civil Procedure.

Discovery disputes must be resolved by conference before filing letter-motion (max 3 pages).

Source text: If there are any discovery disputes, the parties are required to confer with one another in an effort to resolve the dispute without the need for Court intervention. If the parties are unable to resolve their dispute, either party may file a letter-motion, no longer than three pages and in accordance with Paragraph 1 above, explaining the nature of the dispute and requesting an informal conference. If the opposing party wishes to respond to the letter, it must promptly file a responsive letter, not to exceed three pages.

Discovery disputes require meet-and-confer before filing 3-page letter-motion

Source text: Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, the party shall, in accordance with the Court’s Individual Rules and Practices in Civil Cases, promptly file a letter-motion, no longer than three pages, explaining the nature of the dispute and requesting an informal conference.

Summary judgment motions due 30 days after discovery closes; opposition due 2 weeks after service; reply due 1 week after opposition

Source text: Summary judgment motions, if applicable, must be filed within thirty (30) days of the close of fact or expert discovery (whichever is later). Unless otherwise ordered by the Court, any opposition to such a motion must be filed two (2) weeks after the motion is served on the opposing party, and any reply must be filed one (1) week after service of any opposition.

Expert testimony exclusion motions must be filed within 30 days of discovery close, with specific briefing schedule and single motion requirement.

Source text: Any motion to exclude the testimony of experts pursuant to Rules 702-705 of the Federal Rules of Evidence and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), and its progeny, must be filed within thirty (30) days of the close of fact or expert discovery (whichever is later). Unless otherwise ordered by the Court, any opposition to such a motion must be filed two (2) weeks after the motion is served on the opposing party, and any reply must be filed one (1) week after service of any opposition. Absent leave of the Court, any party moving to exclude expert testimony must file a single motion and single, consolidated memorandum of law, consistent with Paragraph 4(C) of the Court’s Individual Rules and Practices for Civil Cases, even when seeking to exclude the testimony of multiple experts.

Motions in limine require certification of good faith conference between parties before filing.

Source text: No motion in limine will be considered or decided unless the moving party’s submission includes a certification that, prior to filing the motion, the parties conferred, in person or by telephone, in a good faith effort to resolve the issue(s) asserted in the motion without the intervention of the Court and were unable to reach an agreement.

Motions in limine require certification of good faith conference with opposing counsel before filing.

Source text: Absent leave of the Court, each party must file a single memorandum of law, consistent with Paragraph 4(C) above, in support of all motions in limine filed by that party. No motion in limine will be considered or decided unless the moving party's memorandum of law includes a certification that, prior to filing the motion, the parties conferred, in person or by telephone, in a good faith effort to resolve the issue(s) asserted in the motion without the intervention of the Court and were unable to reach an agreement;

Discovery disputes require letter-motion (max 1,050 words) with 5-business-day response limit

Source text: If there are any discovery disputes, the parties are required to confer with one another in an effort to resolve the dispute without the need for Court intervention. If the parties are unable to resolve their dispute, either party may file a letter-motion, no longer than 1,050 words, explaining the nature of the dispute and requesting an informal conference. If the opposing party wishes to respond to the letter, it must file a responsive letter within five business days, not to exceed 1,050 words.

Discovery disputes require meet-and-confer, then joint letter-motion (max 1,750 words).

Source text: Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person, virtually or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, counsel shall promptly file on ECF a single letter-motion, jointly composed, no longer than 1,750 words, explaining the nature of the dispute and, if applicable, requesting an informal conference.

Pre-motion conference required before filing motions, with specific exceptions.

Source text: A conference must be requested before filing any motion, except: motions brought by order to show cause based on a legitimate emergency; motions required by the Federal Rules of Appellate Procedure to be made within a specified time; motions made by a pro se litigant in custody; motions for default judgment, pro hac vice admission, reargument, remand, or attorney’s fees or sanctions; motions to affirm or vacate an arbitration award; and objections to a Magistrate Judge’s ruling.

Principal trial counsel must appear at all scheduling and motion conferences.

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

Parties must send letter requesting pre-motion conference for motions not excepted.

Source text: A party wishing to make a motion not excepted above should send a letter to the Court concisely describing the basis for the proposed motion and requesting a pre-motion conference.

Opposing parties must reply within 2 business days of receiving pre-motion letter.

Source text: Any party opposing the motion must submit a reply letter within two business days of receiving

If pre-motion exchange fails, defendant must notify court in writing with copies of correspondence.

Source text: In the event that at the conclusion of this informal procedure the parties fail to resolve a dispute over the appropriateness of the filing of a motion to dismiss, the defendant shall so notify the Court in writing, indicating why a motion to dismiss remains warranted even after plaintiff has agreed to any amendments to cure specified deficiencies, and transmit copies of the correspondence exchanged by the parties in this regard.

Non-compliant memoranda will be returned without additional time if prejudicial.

Source text: Any memorandum that does not comply with these requirements will not be accepted and will be returned, and counsel may not be provided with additional time to submit a complying memorandum if any such additional extension may cause substantial prejudice to other parties in the case.

Orders to show cause or motions for injunctive relief require notice to opposing counsel and an agreed briefing schedule.

Source text: Except in the most extraordinary circumstances, litigants filing an order to show cause or motion for injunctive relief must provide notice to opposing counsel before doing so. Following conferral with opposing counsel, the party filing the order or motion shall submit to the Court an agreed-upon proposed briefing schedule.

Motions in limine: opposition due 1 week after service, reply due 3 days after opposition, fully briefed 2 weeks before trial.

Source text: All motions in limine. Opposition briefs shall be due one week after such motions are served. Reply memoranda, if any, shall be due within three days of the service of opposition motions. All motions in limine shall be fully briefed at least two weeks before trial.

Discovery disputes must first be resolved by party conference, then 3-page letter-motion allowed

Source text: If there are any discovery disputes, the parties are required to confer with one another to try to resolve the dispute without the need for Court intervention. If the parties are unable to resolve their dispute, either party may file a letter-motion, no longer than three pages and in accordance with Paragraph 2(a) above, to raise the dispute with the Court. The letter-motion shall explain the nature of the dispute as well as the efforts to resolve the dispute and why they were unsuccessful. If the opposing party wishes to respond to the letter, it must promptly file a responsive letter, also not to exceed three pages.

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.

Substitution of counsel requires letter-motion on ECF to schedule conference.

Source text: When there is a request for substitution of defense counsel, counsel of record must file a letter-motion on ECF in accordance with 3.A above to request that a conference be scheduled as soon as possible.

Bail modification requests must be filed as letter-motions 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 in accordance with 3.A above and shall indicate whether the Government and Pretrial Services Officer consent to the request.

Bail appeals require conference and submission of transcripts/submissions 24 hours before.

Source text: A party who wishes to appeal an adverse bail determination by the Magistrate Judge should contact Chambers to arrange a conference for that purpose. Unless otherwise ordered, the party bringing the appeal must provide to the Court, no fewer than 24 hours before the conference, the transcript of the argument on bail before the Magistrate Judge, and any written submissions before the Magistrate Judge as to bail.

Discovery disputes require meet-and-confer before filing 3-page letter-motion, with 3-page response due within 3 business days.

Source text: Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, a party may raise the dispute with the Court by filing a letter-motion on ECF, no longer than three pages, explaining the nature of the dispute. Such a letter must include a representation that the meet-and-confer process occurred and was unsuccessful. A party opposing the relief sought must file a response, not to exceed three pages, within three business days.

Pre-motion letter (max 3 pages) required before filing motions, with 3-page response due within 3 business days.

Source text: Unless otherwise ordered by the Court, a party seeking to file a motion must submit a pre-motion letter in accordance with 1.A above, not to exceed three pages in length absent leave of the Court, notifying the Court of its anticipated motion, summarizing the basis for the anticipated motion, and proposing a briefing schedule. All parties served with the pre-motion letter must submit a letter response, also not to exceed three pages absent leave of the Court, within three business days from the submission of the pre-motion letter.

Letter motions required for adjournments/extensions/pre-motion conferences; 3-day response time; courtesy copy to Chambers

Source text: Letter motions may be filed via ECF if they comply with the Local Rules and the SDNY Electronic Case Filing Rules & Instructions. All requests for adjournments, extensions, and pre-motion conferences should be filed as letter motions. Pre-motion submissions are discussed in further detail in Rule 4(A) below. If the letter motion is not on consent, any opposing party should submit a letter setting forth its position, within three business days after the initial letter motion is received. A courtesy copy of each letter motion must also be provided to Chambers via e-mail as outlined in Rule 2(B) above.

Discovery disputes require meet-and-confer process before filing 3-page letter motion on ECF.

Source text: Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, the party seeking discovery shall promptly file on ECF a letter motion, no longer than three pages, explaining the nature of the dispute and requesting an informal conference.

Opposing party may respond to discovery letter motion within 3 business days (max 3 pages).

Source text: If the opposing party wishes to respond to the letter, it must submit a responsive letter, not to exceed three pages, within three business days after the request is received.

Pre-motion letter (max 3 pages) required for certain motions, describing grounds and consent status.

Source text: To request a pre-motion conference for motions to dismiss, motions for summary judgment, motions for judgment on the pleadings, and motions for sanctions, the putative moving party shall file a letter motion, not to exceed three pages, describing the grounds for the proposed motion, and whether the motion is on consent of all parties.

Opposition pre-motion letter (max 3 pages) due within 3 business days if motion not on consent.

Source text: If the motion is not on consent, any opposing party should file a letter setting forth its position, not to exceed three pages, within three business days after the request is received.

Must confer with adversary before filing TRO unless Rule 65(b) requirements are met.

Source text: A party must confer with his or her adversary before making an application for a temporary restraining order unless the requirements of Fed. R. Civ. P. 65(b) are met.

Discovery motions must follow Local Civil Rule 37.2.

Source text: For discovery motions, follow Local Civil Rule 37.2.

Pre-motion conference required for most motions except specified exceptions.

Source text: For motions other than discovery motions, a pre-motion conference with the Court is required for making any motion, except motions brought on by Order To Show Cause, motions by incarcerated pro se litigants, motions for admission pro hac vice, motions for reargument, motions for class certification, and motions described in Rule 6(b) of the Federal Rules of Civil Procedure and Rule 4(a)(4)(A) of the Federal Rules of Appellate Procedure.

Motions to dismiss require pre-motion letter with arguments/case law, stay answer deadline, and allow 7-day response.

Source text: For motions to dismiss in lieu of an answer in fully counseled cases, the movant must send a pre-motion letter to the nonmovant, copy the Court, and file it on the docket. The letter shall include each specific argument and relevant case law supporting the movant's position as to why the complaint may fail or partially fail as a matter of law. The filing of such a letter stays the time to answer or move until further order of the Court. Within seven days, the nonmovant shall respond by similar letter, indicating either that they will amend their pleading (with a proposed deadline for filing the amended pleading) or that they do not see a need to amend, citing the relevant case law that supports their position. Should the nonmovant choose not to amend in response to movant's letter, the Court will then schedule a pre-motion conference to discuss the issues and potentially set a briefing schedule. If a complaint is ultimately dismissed on the grounds set forth in the movant's initial letter, it may be dismissed with prejudice as the nonmovant already had a chance to research the movant's arguments and amend as needed.

Pre-motion conference letters limited to 3 pages; responses due within 7 days.

Source text: To arrange a pre-motion conference for all other forms of motions that require them, the moving Party shall submit a letter (consistent with the procedures described above) not to exceed three pages in length (using normal margins and font) setting forth the basis for the anticipated motion. All Parties so served must submit a letter response, not to exceed three pages, within seven days from service of the notification letter.

Pre-motion conference required only for motions to dismiss, amend, or summary judgment.

Source text: B. Pre-Motion Conferences in Civil Cases. For discovery motions, follow Local Civil Rule 37.2. For motions other than discovery motions, a pre-motion conference with the court is required only before making a motion to dismiss, motion to amend or a motion for summary judgment.

Discovery disputes require meet-and-confer, then 3-page ECF letter-motion with 3-day response time.

Source text: Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, the party may submit an ECF letter-motion to the Court, not to exceed 3 pages, explaining the nature of the dispute and requesting a conference. Such letter must include a representation that the meet-and-confer process occurred and state when it occurred. Any responsive letter should be submitted within 3 business days after submission of the letter-motion.

Pre-motion conference required for all motions except specified exemptions.

Source text: A pre-motion conference is required for all motions except (i) letter motions specified in 1(b) above; (ii) motions that are required by the Federal Rules of Appellate Procedure or the Federal Rules of Civil Procedure to be made by a certain time, (iii) motions by litigants in actions where a party is incarcerated and pro se, (iv) motions for reconsideration, (v) motions for a new trial, (vi) motions in limine, (vii) motions to dismiss habeas corpus petitions, (viii) motions for default (see also Appendix A); and (ix) motions for judgment on the pleadings or summary judgment in social security cases.

Pre-motion letter limited to 3 pages; responses limited to 3 pages within 3 business days.

Source text: Letters requesting a pre-motion conference should summarize the basis of the motion and follow the procedures for communicating with the Court set forth in Section I. Letters may not exceed 3 pages. Within 3 business days of receipt of the letter, each opposing party may submit a written response of no more than 3 pages.

Initial case management conference scheduled within one month of Answer filing.

Source text: The Court will generally schedule a conference pursuant to Federal Rule of Civil Procedure 16(c) to take place within one month of the filing of an Answer to the Complaint.

Parties must file joint letter and proposed case management plan one week before initial pretrial conference.

Source text: Pursuant to the Notice, the parties are required to file on ECF and submit via e-mail (VyskocilNYSDChambers@nysd.uscourts.gov) a joint letter and Proposed Civil Case Management Plan and Scheduling Order in PDF and Microsoft Word format one week prior to the Initial Pretrial Conference.

Discovery disputes require good faith meet-and-confer with opposing party before filing.

Source text: Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute.

Unresolved discovery disputes may be filed as joint letter (max 4 pages) requesting informal conference.

Source text: If this meet-and-confer process does not resolve the dispute, the party may file on ECF a joint letter, no longer than four pages, explaining the nature of the dispute and setting forth the position of each party with respect to the disputed issue, and requesting an informal conference.

Pre-motion letter required (max 3 pages) for certain motions, describing motion and consent status.

Source text: To request a pre-motion conference, the party wishing to make a motion shall file a letter, not to exceed three pages, briefly describing the motion that is contemplated and summarizing the grounds for the proposed motion, and whether the motion is on consent of all parties.

Opposition pre-motion letter (max 3 pages) due within 3 business days if motion not on consent.

Source text: If the motion is not on consent, any opposing party should file a letter setting forth its position, not to exceed three pages, within three business days after the request is filed.

Summary judgment pre-motion letters must include Rule 56.1 statements.

Source text: If the contemplated motion is for summary judgment under Rule 56 of the Federal Rules of Civil Procedure, the pre-motion conference letter must be accompanied by a copy of the movant’s Rule 56.1 statement and any letter in opposition must attach the non-movant’s Rule 56.1 Counter-Statement.

Summary judgment pre-motion letters due one week before Post-Discovery Conference.

Source text: Pre-motion letters concerning a motion for summary judgment must be filed one week in advance of the Post-Discovery Conference (see ¶3E).

Parties must confer with adversary before seeking TRO unless Rule 65(b) requirements are met.

Source text: A party must confer with his or her adversary before making an application for a temporary restraining order unless the requirements of Fed. R. Civ. P. 65(b) are met.

TRO applications must be scheduled at mutually agreeable time when adversary doesn't consent.

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 bring the application to the Court at a time mutually agreeable to the party and its adversary, so that the Court may have the benefit of advocacy from both sides in deciding whether to grant temporary injunctive relief.

Pre-motion letter required at least 4 days before conference.

Source text: If any party wishes to make a motion at this time, it should submit a pre-motion letter in accordance with the Court’s Individual Rules at least four days prior to this conference.

Counsel must meet face-to-face for 1 hour within 14 days of responsive pleading to discuss settlement.

Source text: All counsel must meet face-to-face for at least one hour to discuss settlement and the use of alternate dispute resolution within fourteen (14) days after the filing of a responsive pleading.

Joint letter (max 4 pages) required for discovery disputes after unsuccessful meet-and-confer.

Source text: process, the Parties may file a joint letter on ECF, no longer than four pages, explaining the nature of the dispute and setting forth the position of each party with respect to the disputed issue, and requesting an informal conference. Such a letter must include a representation that the meet-and-confer process occurred and was unsuccessful.

Criminal conferences/proceedings by telephone or video; counsel must submit letter one week before

Source text: In Criminal Cases. To the maximum extent possible, all conferences and proceedings will be held by either telephone or video. No later than one week before a scheduled appearance, counsel must confer and submit a letter to the Court indicating their views on whether the Court can, consistent with the U.S. Constitution, Federal Rules of Criminal Procedure (see, e.g., Rules 5(f), 10(b) & (c), and 43) and any other relevant law, conduct the matter by telephone or video and, if applicable, whether the Defendant either consents to appearing in that manner or to waiving his or her appearance altogether. Counsel should include the same information in any request for a conference or other proceeding.

Opposing parties must respond to non-consented letter-motions within 2 business days.

Source text: If a letter-motion has consent of all opposing parties, the letter-motion should prominently so indicate. If it does not, any opposing party should submit a letter setting forth its position not later than two business days after the initial letter-motion is filed.

Court reporter not present at Initial Pretrial Conferences unless requested via letter-motion 1 week before.

Source text: As a general matter, a court reporter will not be present for Initial Pretrial Conferences unless a party requests one via letter-motion no later than one week before the date of the conference.

Initial Pretrial Conferences are via teleconference unless Court directs otherwise; in-person requests must be made 1 week before.

Source text: All Initial Pretrial Conferences will be held via teleconference unless the Court directs otherwise. Parties may request an in-person Initial Pretrial Conference by submitting a letter-motion in accordance with Paragraph 1(C) no later than one week before the date of the conference.

Discovery disputes require good faith meet-and-confer attempt before filing 3-page single-spaced letter-motion on ECF.

Source text: Any party wishing to raise a discovery dispute with the Court must first attempt to confer in good faith with the opposing party, in person or by telephone, to try and resolve the dispute. If, after attempting to meet and confer, the dispute has not been resolved, any party may file a letter-motion on ECF, no longer than three single-spaced pages, explaining the nature of the dispute and the relief requested.

Pro se discovery disputes may be resolved via informal conference if meet-and-confer fails or non-moving party unavailable.

Source text: If the parties are unable to resolve the dispute, or if, after attempting to meet and confer, the non-moving party is unavailable to meet and confer, the moving party may file a letter-motion requesting an informal conference.

Motions to dismiss in fully counseled cases require pre-motion letter with arguments and case law, staying the answer deadline.

Source text: For motions to dismiss in lieu of an answer in fully counseled cases, the movant must send a pre-motion letter to the nonmovant, copy the Court, and file it on the docket. The letter shall include each specific argument and relevant case law supporting the movant’s position as to why the complaint may fail or partially fail as a matter of law. The filing of such a letter stays the time to answer or move until further order of the Court.

Pre-motion conference letters limited to 3 pages; responses also limited to 3 pages within 7 days.

Source text: To arrange a pre-motion conference for all other forms of motions that require them, the moving Party shall submit a letter (consistent with the procedures described above) not to exceed three pages in length (using normal margins and font) setting forth the basis for the anticipated motion. All Parties so served must submit a letter response, not to exceed three pages, within seven days from service of the notification letter.

Pre-motion conference required for summary judgment and dispositive motions, to be requested in writing at least 2 weeks before deadline.

Source text: Motions: All motions and applications shall be governed by the Court's Individual Practices, including pre-motion conference requirements. Summary Judgment or other dispositive motions are due at the close of discovery. Pursuant to the undersigned's Individual Practices, the parties shall request a pre-motion conference in writing at least two (2) weeks prior to this deadline.

Substitution of counsel requires conference with Deputy Clerk.

Source text: When there is a substitution of Defense Counsel, counsel of record must contact the Deputy Clerk to schedule a conference. At the conference, the Court will address the application by also attend the conference.

Pre-motion conference required for most motions except specified exceptions.

Source text: A pre-motion conference with the Court is required before making any other motion, except motions for admission pro hac vice, motions in limine, motions for reargument or reconsideration, and motions for temporary restraining orders or preliminary injunctions.

Pre-motion letter (max 3 pages) required from both parties with 3 business day response time.

Source text: To arrange a pre-motion conference, the moving party shall submit a letter, not to exceed three pages, setting forth the basis for the anticipated motion. The opposing party shall submit a letter, also not to exceed three pages, setting forth its position within three business days from the service of the moving party’s letter.

Pre-motion conference required for non-incarcerated pro se cases.

Source text: When no pro se party is incarcerated, any party wishing to file a motion must first write a letter to the Court requesting a pre-motion conference.

Pre-motion conference required for most motions except specified exceptions.

Source text: For motions other than discovery motions, a pre-motion conference with the Court is required before making any motion, except: motions by incarcerated pro se litigants; applications for temporary restraining orders; applications for injunctions; motions to dismiss in lieu of answer; motions to remand; motions for reargument; motions described in Federal Rule of Appellate Procedure 4(a)(4)(A); applications for attorneys’ fees; motions for reduction of sentences; objections to a Magistrate Judge’s ruling; petitions to compel arbitration or to confirm or modify awards; motions brought on by order to show cause; motions for admission pro hac vice; and motions pursuant to Section 21D(a)(3)(A)(i) of the Securities Exchange Act of 1934 to consolidate and for appointment of lead counsel.

Pre-motion letters limited to 1,050 words (moving/non-moving) and 700 words (reply), with 3 business day response time.

Source text: To arrange a pre-motion conference, the moving party shall submit a letter not to exceed 1,050 words setting forth the basis for the anticipated motion. Whereupon, the non-moving party shall, within 3 business days, submit a letter not to exceed 1,050 words setting forth its position with respect to the anticipated motion. The moving party is permitted to submit a reply letter not to exceed 700 words within 1 business day.

Motions in limine must be filed via ECF with specific briefing deadlines.

Source text: Any party wishing to file a motion addressing evidentiary issues or other matters which should be resolved in limine must file such a motion via ECF. Opposition papers must be filed within seven days thereafter, and reply papers must be filed within four days of any opposition.

Opposition papers due within 4 weeks; reply papers due within 2 weeks of opposition.

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

FLSA cases must be referred to mediation within 60 days before case management conference.

Source text: Since cases involving FLSA claims often benefit from early mediation, it is hereby ORDERED that prior to the case management conference pursuant to Fed. R. Civ. P. 16(b) the Court is referring this case to mediation under Local Civil Rule 83.9 and that mediation shall be scheduled within sixty days.

If no settlement, parties must promptly meet and confer under Rule 26(f) for case management conference.

Source text: IT IS FURTHER ORDERED that, in the event the parties do not reach a settlement, they shall promptly meet and confer pursuant to Fed. R. Civ. P. 26(f) in preparation for their initial case management conference.

Pre-motion conference required for most motions (except specified exceptions); moving party must submit 3-page letter explaining basis for anticipated motion.

Source text: For discovery motions, follow Local Civil Rule 37.2. For motions other than discovery motions, a pre-motion conference is required before filing any motion, except applications for temporary restraining orders or for injunctive relief, motions made by persons in custody, motions to dismiss in lieu of an answer, motions for reduction of sentence, motions for reargument, motions to affirm or vacate an arbitration award, Pro Hac Vice motions, and appeals from a magistrate judge’s rulings. To arrange a pre-motion conference, the moving party shall submit a letter not to exceed three pages in length setting forth the basis for the anticipated motion.

Pre-motion conference required before filing summary judgment motions.

Source text: All motions and applications shall be governed by the Court’s Individual Rules, including the requirement of a pre-motion conference before a motion for summary judgment is filed.

Summary judgment pre-motion conference request must be made in writing within 14 days after close of fact discovery.

Source text: Pursuant to the authority of Fed. R. Civ. P. 16(c)(2), any motion for summary judgment will be deemed untimely unless a request for a pre-motion conference relating thereto is made in writing no later than 14 days after the date set by the Court for the close of fact discovery

Motions in limine must be filed 4 weeks before trial; responses due 1 week after filing.

Source text: Unless otherwise ordered by the Court, any motions in limine shall be filed no later than four weeks before trial and in accordance with the Court’s Individual Rules; responses shall be filed within one week after the filing of a motion in limine and in accordance with the Court’s Individual Rules.

Pre-motion letter required before filing most motions

Source text: Pre-Motion Letters and Conferences. ............................................................................. 9

Discovery disputes require meet-and-confer and letter-motion (max 3 pages).

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

Opposition letter (max 3 pages) due within 2 business days; no replies allowed.

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

Summary judgment motions require 14-day advance request for pre-motion conference.

Source text: If a party wishes to move for summary judgment, it must, within 14 days after the close of fact discovery, request that the pre-motion / pretrial conference previously scheduled for after the close of fact discovery serve as a pre-motion conference.

Conference required before TRO unless Rule 65(b) requirements met.

Source text: A party must confer with his or her adversary before making an application for a TRO unless the requirements of Fed. R. Civ. P. 65(b) are met.

TRO procedures differ based on notice requirements.

Source text: if the party seeking relief: (1) believes that Rule 65(b)(1)'s requirements can be met and a temporary restraining order should issue without notice to the adverse party, the party should file its papers on ECF under seal and then email Chambers; or (2) 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, attaching as-filed PDFs of all papers.

Motions (except OSC) require 6-week return date after service

Source text: All motions, unless brought on by an Order to Show Cause, should be made with a return date six weeks after the date of service.

Motions in limine must be filed 4 weeks before trial unless otherwise ordered.

Source text: Unless otherwise ordered by the Court, the parties shall file and serve motions addressing any evidentiary issues or other matters to be resolved in limine no later than four weeks before trial.

Good faith meet-and-confer required before filing motions in limine.

Source text: Any party wishing to file a motion in limine must first confer in good faith with the opposing party in an effort to resolve the dispute; all motions in limine must include a representation that the meet-and-confer process occurred and was unsuccessful.

Responses to motions in limine due within one week; no reply briefs allowed.

Source text: Responses are due within one week after the filing of a motion in limine. No reply briefs shall be filed.

Meet and confer required to agree on undisputed findings and conclusions.

Source text: The parties must meet and confer in an effort to reach agreement with respect to those findings and conclusions as to which there is no dispute; as to any agreed-upon findings and conclusions, the parties must make a joint submission.

Must meet and confer in good faith before filing discovery dispute; letters/emails alone insufficient

Source text: C. Discovery Disputes. 1. Requirement to Meet and Confer. 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. An exchange of letters or emails alone does not satisfy this requirement. Counsel must respond promptly and in good faith to any request from another party to confer in accordance with this paragraph.

Discovery disputes must be filed as Letter-Motion (max 1,050 words) after meet and confer

Source text: 2. Letter‐Motion for Discovery Conference. If the parties have met and conferred but were unable to resolve their dispute, the moving party must request a discovery conference with the Court, by Letter‐Motion, as required by Local Civil Rule 37.2. Counsel should select the “Letter‐ Motion” option—not “Motion to Compel”—when filing on ECF. Letter- Motions may not exceed 1,050 words in length, exclusive of attachments, which should be kept to a minimum, and must clearly set forth the issues in dispute and the relief sought. As part of 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

Summary judgment motions against pro se litigants must comply 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 of Local Civil Rule 56.2.

Motions to dismiss or judgment on pleadings against pro se litigants must serve and file notice under Local Civil Rule 12.1 when referring to 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, the party must serve and file the notice set forth in Local Civil Rule 12.1.

Pre-motion conference required before most motions, with 3-page letter and 3-day response deadline.

Source text: A pre-motion conference is required before making any motion, except for motions to be brought on by an order to show cause, motions by incarcerated pro se litigants, motions for reargument, motions to remand, applications to be relieved as counsel, motions for relief from judgment, motions to vacate or confirm an arbitral award, or any other motion required by the Federal Rules of Appellate Procedure or the Federal Rules of Civil Procedure to be made by a time certain (see list below). The filing of a request for a pre-motion conference to dismiss prior to answer stays the time for the filing of an answer until after the conference is held or until further order of the Court. To request a pre-motion conference, the moving party shall submit a letter not to exceed three pages in length setting forth the basis for the anticipated motion. The other party should submit a response within three business days, not to exceed three pages in length.

Pre-motion letter required for most motions except specified exceptions.

Source text: A pre-motion letter is required prior to the filing of any motion, except motions with a jurisdictional time limit as provided by the Federal Rules of Appellate Procedure, post-judgment motions, motions brought on by a court order to show cause, motions for reargument or reconsideration, motions by incarcerated pro se litigants, motions for admission pro hac vice, motions for attorneys’ fees, motions for remand, motions to appoint lead plaintiff and lead defense counsel in securities class actions, objections to magistrate judges’ rulings, motions for sanctions, motions to withdraw as counsel, motions for reduction of sentence, in forma pauperis motions, petitions to confirm or compel arbitration, or where a delay in filing might result in the loss of a right.

Two sets of pre-motion letters required for motions to dismiss.

Source text: In the case of a motion to dismiss, the parties shall exchange two sets of pre-motion letters.

Plaintiff response to first pre-motion letter due within 5 business days.

Source text: The plaintiff shall respond by similar letter within five business days indicating the extent, if any, to which plaintiff concurs with defendant’s objections and the amendments, if any, to be made to the complaint to address them, or the reasons and controlling authority that support the pleadings as filed.

Second pre-motion letter set for motions to dismiss must be filed with Court.

Source text: Second: If, after the first exchange of letters, the defendant still wishes to file a motion to dismiss, the parties shall follow the steps set forth in Rule III(A) above for pre-motion letters, and this second set of letters shall be filed with the Court before the time to file a responsive pleading has expired.

Pre-motion letter for Rule 12(b) motions stays time to answer until further order.

Source text: Transmittal of a pre-motion letter for a proposed motion under Federal Rule of Civil Procedure 12(b) stays the time to answer or move to dismiss until further order of the Court.

Non-moving party must notify Court within 10 days of motion to dismiss filing whether amending pleading.

Source text: If a motion to dismiss is filed, the non-moving party must, within ten days of receipt of the motion, notify the Court and its adversary in writing whether (1) it intends to file an amended pleading and when it will do so, or (2) it will rely on the pleading being attacked.

Pre-motion letter required for summary judgment motions

Source text: The prospective movant shall file with the Court a pre-motion letter informing the Court of the basis for its anticipated motion for summary judgment and attaching the opposing party’s response to the Rule 56.1 Statement.

Opposition letters for summary judgment pre-motion must be filed within 5 business days

Source text: Opposition letters shall be filed with the Court within five business days after receipt of the prospective movant’s letter.

Pre-motion letter required before filing most motions, with specific exemptions listed.

Source text: A pre-motion letter is required prior to the filing of any motion, except motions with a jurisdictional time limit as provided by the Federal Rules of Appellate Procedure, post-judgment motions, motions brought on by a court order to show cause, motions for reargument or reconsideration, motions by incarcerated pro se litigants, motions for admission pro hac vice, motions for attorneys' fees, motions for remand, motions to appoint lead plaintiff and lead defense counsel in securities class actions, objections to magistrate judges' rulings, motions for sanctions, motions to withdraw as counsel, motions for reduction of sentence, in forma pauperis motions, petitions to confirm or compel arbitration, or where a delay in filing might result in the loss of a right.

Attorneys at pre-motion conferences must have authority to commit to motion schedules and address settlement conference participation.

Source text: However, all attorneys appearing should have the degree of authority consistent with the proceeding. For example, an attorney attending a pre-motion conference should have the authority to commit his or her party to a motion schedule, and should be prepared to address other matters likely to arise, including the party's willingness to participate in a settlement conference with the assigned Magistrate Judge.

Daubert motions to exclude expert testimony must be made by the dispositive motions deadline and are not treated as motions in limine.

Source text: motions to exclude testimony of experts shall be made by the deadline for dispositive motions and shall not be treated as motions in limine

Opposition filings must be submitted within one week after the pretrial order but no fewer than three days before trial.

Source text: Any party may file the following documents within one week after the filing of the proposed joint pretrial order, but in no event fewer than three days before the scheduled trial date

Motions require pre-motion conference except motions in limine.

Source text: All motions and applications shall be governed by the Court’s Individual Practices, including pre-motion conference requirements, except that motions in limine may be made without a pre-motion conference on the schedule set forth in paragraph 11.

Summary judgment motions must request pre-motion conference within 14 days of fact discovery close.

Source text: Pursuant to the authority of Rule 16(c)(2), Fed. R. Civ. P., any motion for summary judgment will be deemed untimely unless a request for a pre-motion conference is made in writing within fourteen (14) days of the date in paragraph 5, i.e., the close of fact discovery.

Pre-motion conference for summary judgment must be requested within 14 days of fact discovery close.

Source text: The parties are reminded that, pursuant to paragraph 8, a pre-motion conference request for any motion for summary judgment must be made within fourteen (14) days of the close of fact discovery.

Motions in limine are exempt from pre-motion conference requirements.

Source text: All motions and applications shall be governed by the Court's Individual Practices, including pre-motion conference requirements, except that motions in limine may be made without a pre-motion conference on the schedule set forth in paragraph 11.

Summary judgment motions require a written request for pre-motion conference within 14 days of the close of fact discovery.

Source text: Pursuant to the authority of Rule 16(c)(2), Fed. R. Civ. P., any motion for summary judgment will be deemed untimely unless a request for a pre-motion conference is made in writing within fourteen (14) days of the date in paragraph 5, i.e., the close of fact discovery.

Pre-motion conference requests for summary judgment motions must be made within 14 days after fact discovery closes.

Source text: The parties are reminded that, pursuant to paragraph 8, a pre-motion conference request for any motion for summary judgment must be made within fourteen (14) days of the close of fact discovery.

Motions require pre-motion conference except motions in limine.

Source text: All motions and applications shall be governed by the Court’s Individual Practices, including pre-motion conference requirements, except that motions in limine may be made without a pre-motion conference on the schedule set forth in paragraph 11.

Summary judgment motions require pre-motion letter within 14 days after fact discovery closes.

Source text: Pursuant to the authority of Rule 16(c)(2), Fed. R. Civ. P., any motion for summary judgment will be deemed untimely unless a Pre-Motion Letter relating thereto is filed no later than fourteen (14) days after the date set by the Court for the close of fact discovery.

Motions in limine must be filed after discovery closes but before pretrial submission date; pre-motion letter waived.

Source text: Any motions in limine shall be filed after the close of discovery but sufficiently before the Final Pretrial Submission Date to allow all briefing by all parties by the Final Pretrial Submission date; the Pre-Motion Letter requirement is waived for any such motion in limine.

Pre-motion letter required for all motions except discovery motions, motions by order to show cause, and motions by incarcerated pro se litigants

Source text: The filing of a Pre-Motion letter to the Court is required prior to the filing of all motions, except the following: a. Discovery motions, which are governed by 3.B. below; b. Motions brought by order to show cause; c. Motions by incarcerated pro se litigants;

Pre-motion letter must detail legal/factual basis and proposed schedule

Source text: The letter shall set forth in detail the legal and factual basis for the anticipated motion and a proposed schedule for the motion.

Response to pre-motion letter due within 4 business days

Source text: A response to the letter shall be filed within four business days.

Response to pre-motion letter for motion to dismiss must state if seeking leave to amend

Source text: If a Pre-Motion Letter seeks to file a motion to dismiss, the party responding shall unambiguously state in the first paragraph whether he, she or it seeks leave to amend.

Pre-motion letter for Rule 12(b) motion stays time to answer or move

Source text: The transmittal of a Pre-Motion Letter for a proposed motion under Rule 12(b), Fed. R. Civ. P., stays the time to answer or move until further order of the Court.

Pre-motion letter must state date of any scheduled conference in first paragraph

Source text: The Pre-Motion Letter shall state in the first paragraph the date of any conference scheduled before the Court.

Discovery dispute letter must include Rule 37(a)(1) certification and full discovery materials

Source text: A Discovery Dispute Letter to the Court shall contain the certification required under Rule 37(a)(1), Fed. R. Civ. P., and set forth the full text of any a discovery request and response or objection thereto, together with any case law support and any affidavits required to adjudicate the issue.

Response to discovery dispute letter due within 4 business days with case law and affidavits

Source text: The party from whom discovery is sought shall respond within four business days and shall include any case law support and any affidavits required to adjudicate the motion.

Motions in limine must be filed within 21 days of discovery completion and responded to within 14 days.

Source text: Unless otherwise ordered, any motions in limine shall be filed within 21 days following the scheduled date for completion of fact and expert discovery and responded to within 14 days of service.

All motions and applications must follow the Court's Individual Practices, including pre-motion conference requirements.

Source text: All motions and applications shall be governed by the Court's Individual Practices, including pre-motion conference requirements.

Pre-motion conference required before any motion except specified exceptions.

Source text: As described below (Rule 3C and 3D), a pre-motion conference with the Court is required before making any motion, except: 1. Motions brought on by Order to Show Cause (See Rule 3F) 2. Motions in criminal cases. 3. Motions by Pro Se Litigants 4. Motions for Admission Pro Hac Vice 5. Motions for Reconsideration 6. Motions for Default Judgment (See Rule 3L) 7. Motions for Appointment of Lead Plaintiff

Discovery motions require pre-conference letter (max 3 pages) certifying good faith conference and adversary position.

Source text: Discovery disputes arising under Rules 26 through 37 or Rule 45 of the Federal Rules of Civil Procedure shall be heard only if the moving party has first conferred in good faith by telephone or in person with all other relevant parties in an effort to resolve the dispute. If this conference has not resolved the issue(s) raised, the moving party must inform the relevant parties during the conference that the moving party intends to seek relief from the Court on such issue(s). The moving party must thereafter promptly request a conference with the Court. To request a conference with the Court, the moving party shall file a letter, not to exceed three (3) pages in length and in compliance with Local Rule 11.1(b), setting forth the basis of the discovery dispute and the need for the anticipated motion. The letter must certify that the required in-person or telephonic conference took place between counsel and the relevant parties. The letter must also state the date of such conference and provide the adversary’s position as to each issue being raised (as stated by the adversary during the in-person or telephonic conference).

Pre-motion letter limited to 3 pages before motions.

Source text: To arrange a pre-motion conference, the moving party shall file a letter, not to exceed three (3) pages in length

Motions in limine must be fully briefed 3 business days before final pretrial conference.

Source text: Any motions in limine must be fully briefed three business days before the final pretrial conference.

Parties must meet and confer in good faith before raising discovery disputes with the court.

Source text: Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute.

Reply letters to discovery dispute letters are not permitted.

Source text: Reply letters are not invited.

Pre-motion conferences are required only for discovery and summary judgment motions.

Source text: Pre-motion conferences are not required, except for motions concerning discovery, which are governed by Section 2.E above, and for summary judgment motions, which are governed by Section 3.K below.

Within 14 days of fact discovery close, parties must request scheduled pretrial conferences serve as pre-motion conferences for summary judgment, submitting a 3-page single-spaced letter with other parties responding within one week.

Source text: must, within 14 days of the close of fact discovery, request that the pre-motion / pretrial conference previously scheduled for after the close of fact discovery serve as a pre-motion conference. To so request, the moving party shall submit a letter via ECF, not to exceed three single-spaced pages in length, setting forth the basis for the anticipated motion, including the legal standards governing the claims at issue. Other parties shall respond similarly within one week. The Court will review and discuss with counsel any anticipated summary judgment motions at the pre-motion / pretrial conference.

Discovery dispute letter (max 3 single-spaced pages) required after meet-and-confer.

Source text: Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, the party must submit a letter to the Court via ECF, no longer than three single-spaced pages, explaining the nature of the dispute, the legal standards governing the issue, and case law, if any, supporting the party’s position.

Response to discovery dispute letter due within 3 business days.

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.

Pre-motion conferences required only for discovery and summary judgment motions.

Source text: Pre-motion conferences are not required, except for motions concerning discovery, which are governed by Section 2.C above, and for summary judgment motions, which are governed by Section 3.H below.

Summary judgment pre-motion letter (max 3 single-spaced pages) due 14 days after discovery closes.

Source text: If a party wishes to move for summary judgment, it must, within 14 days of the close of fact discovery, request that the pre-motion / pretrial conference previously scheduled for after the close of fact discovery serve as a pre-motion conference. To so request, the moving party shall submit a letter via ECF, not to exceed three single-spaced pages in length, setting forth the basis for the anticipated motion, including the legal standards governing the claims at issue.

Adjournments, extensions, and pre-motion conferences must be filed as letter-motions.

Source text: All requests for adjournments, extensions, and pre-motion conferences (including pre-motion conferences with respect to discovery disputes) must be filed as letter-motions.

Post-discovery dispositive motions require letter submission per Rule 4(A), with opposition due 3 business days later.

Source text: Parties seeking to make post-discovery dispositive motions should submit a letter to the Court in accordance with Rule 4(A) of the Court's Individual Practices by _____________________. [Insert date; typically 1 week after the close of discovery.] Opposition letters are due _____________________. [Insert date; typically 3 business days later.]

Pre-motion conference request letter limited to 5 pages.

Source text: To request a pre-motion conference, send the Court a letter of no more than 5 pages, describing the grounds for the proposed motion and whether the

Moving party must serve pre-motion letter to other parties.

Source text: The moving party shall serve the other parties with a copy of the pre-motion letter and shall request that the other parties

Pre-motion conferences required for specific motion types.

Source text: Pre-motion conferences are required for the following motions: discovery motions, motions to amend pleadings, motions to file a third party complaint, motions for sanctions, transfer motions, summary judgment motions, Fed. R. Civ. P. 12 motions, Fed. R. Civ. P. 21 motions, and Fed. R. Civ. P. 42 motions.

Other parties must respond to pre-motion letter within 3 business days (max 5 pages).

Source text: The moving party shall serve the other parties with a copy of the pre-motion letter and shall request that the other parties submit a letter setting forth its position, of no more than 5 pages, within 3 business days after the request is made.

Pre-motion letters must follow Rule I(A) filing requirements.

Source text: All pre-motion letters should be filed in accordance with Rule I(A) above.

Oral argument requests must follow Rule I(A) filing requirements.

Source text: Requests shall be filed in accordance with Rule I(A) above.

Letters requesting relief must be filed as letter-motions via ECF.

Source text: Letters requesting relief, such as requests for adjournments, extensions of time, and conferences (including pre-motion conferences) are considered letter-motions. A letter-motion must be filed via ECF and identified as a LETTER-MOTION using the ECF Filing Event MOTION, in compliance with the SDNY Local Rules and the SDNY Electronic Case Filing Rules & Instructions.

Pre-motion conference required for most motions except specified exceptions.

Source text: A pre-motion conference is required prior to the filing of any motion, except in pro se cases, post-judgment motions, motions for reargument or reconsideration, motions for admission pro hac vice, motions for attorneys’ fees, motions for remand, motions to appoint lead plaintiff and lead defense counsel in class actions, objections to Magistrate Judges’ rulings, motions for sanctions, motions to withdraw as counsel, in forma pauperis motions, petitions to confirm or compel arbitration, or where a delay in filing might result in the loss of a right.

Pre-motion letter (max 5 pages) required; opposition letter (max 5 pages) due within 5 business days; no reply letters without permission.

Source text: to request a pre-motion conference, the movant shall file a letter to the Court, not exceeding 5 pages double-spaced, absent prior permission from the Court, setting forth the basis for the anticipated motion. Opposition letters, not exceeding 5 double-spaced pages, absent prior permission from the Court, shall be submitted within 5 business days after receipt of the movant’s letter. No reply letters will be permitted absent prior permission from the Court.

Filing pre-motion letter under Rule 12(b) stays time to answer or move to dismiss.

Source text: Transmittal of a pre-motion letter for a proposed motion pursuant to Fed. R. Civ. P. 12(b) stays the time to answer or move to dismiss until further order of the Court.

Order to Show Cause requires conference with parties before signing.

Source text: The Court generally will not sign an Order to Show Cause, with or without a request for emergency relief, prior to a conference with the parties.

Request Order to Show Cause conference via letter-motion under Rule 2(C).

Source text: A party seeking the issuance of an Order to Show Cause, with or without a request for emergency relief, shall request such a conference by letter-motion in accordance with Rule 2(C).

Conference with adversary required before emergency relief/TRO unless Rule 65(b) applies.

Source text: The moving party shall confer with its adversary before making an application including emergency relief and/or for a temporary restraining order, unless the requirements of Fed. R. Civ. P. 65(b) are met.

File letter-motion via ECF when seeking TRO, stating notice/consent status or Rule 65(b) applicability.

Source text: As soon as a party decides to seek a temporary restraining order, he or she shall, in addition to filing the proposed temporary restraining order in accordance with the Electronic Filing Rules then in effect, file a letter-motion via ECF stating whether: (1) he or she has notified the adversary and if the adversary consents to temporary injunctive relief or (2) the requirements of Rule 65(b) are satisfied and no notice is necessary.

If adversary notified but doesn't consent to emergency relief, provide alternative dates for Court conference.

Source text: If a party’s adversary has been notified of the requested emergency relief or temporary injunctive relief but does not consent, the party seeking such relief shall indicate same in their letter and provide alternative dates and times for the Court to determine a time mutually agreeable to the Court, the party, and its adversary, so that the Court may have the benefit of advocacy from both sides in deciding whether to issue the requested Order to Show Cause and/or grant emergency or temporary injunctive relief.

One week before preliminary injunction hearing, submit counsel contact information.

Source text: In the event the Court schedules a hearing on a party’s motion for a preliminary injunction, at least one week prior to the hearing, the parties shall each submit a statement identifying: i. The names, addresses (including firm names), email addresses, and office and mobile telephone and fax numbers of counsel that will be appearing;

One week before preliminary injunction hearing, submit claim elements with evidentiary support.

Source text: ii. The elements of the claim(s) the moving party has asserted with reference to evidentiary support for each party’s position;

One week before preliminary injunction hearing, submit witness list with descriptions and time estimates.

Source text: iii. A list of the witnesses each party expects to call, including a very brief description of the witness’s role and/or the subject matter of his or her anticipated testimony, the amount of court time needed for each witness, and a statement as to whether any other party objects to the witness;

One week before preliminary injunction hearing, submit exhibit list with objections and pre-marking designations.

Source text: iv. A list by each party of exhibits to be offered, with a notation indicating exhibits to which there is an objection and the basis therefor. The failure to include a notation and basis may be deemed a waiver of any objection. Exhibits should be pre-marked: Plaintiff’s exhibits shall be designated by number and Defendant’s by letter.

Motions to exclude expert testimony must be made as motions in limine for trial unless good cause shows they're needed to resolve summary judgment or other dispositive motions.

Source text: 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, shall be made as motions in limine for trial (see Rule 6(B)(iii)), unless for good cause shown, resolution of the motion is required to determine a summary judgment or other dispositive motion.

Single motion in limine allowed, must comply with Individual Practices Rule 4.

Source text: A single motion addressing appropriate evidentiary or other in limine issues may be filed and shall comply with applicable provisions of Individual Practices Rule 4.

Pre-motion conference required before filing motion for summary judgment.

Source text: All motions and applications shall be governed by the Court’s Individual Practices, including the requirement of a pre-motion conference before a motion for summary judgment is filed.

Pre-motion conference required for most civil motions except specified exceptions.

Source text: For motions other than discovery motions, a pre-motion conference with the Court is required before making any motion, except motions previously authorized by the Court, motions brought by order to show cause, motions by incarcerated pro se litigants, motions for admission pro hac vice, motions for re-argument or reconsideration, motions for appointment of lead plaintiffs and counsel in class actions, motions for remand, motions for a preliminary injunction, motions brought pursuant to Local Rule 6.3, and motions described in Rule 6(b) of the Federal Rules of Civil Procedure and Rule 4(a)(4)(A) of the Federal Rules of Appellate Procedure.

Pre-motion letter limited to 3 pages.

Source text: To arrange a pre-motion conference, the moving party shall submit a letter in accordance with Rule 1.A, not to exceed three pages in length, setting forth the basis for the anticipated motion.

Response to pre-motion letter due within 3 business days, max 3 pages.

Source text: All parties served with the letter must submit a letter response, not to exceed three pages, within three business days from submission of the notification letter.

Response letters must address moving party's arguments; no reply letters allowed.

Source text: Response letters shall directly address the arguments and authorities set forth in the moving party’s letter. No party shall submit a reply letter.

Affidavits/exhibits generally prohibited in pre-motion letters; required for amendment motions.

Source text: As a general matter, affidavits and exhibits are not permitted in connection with pre-motion letters without prior written request and permission. However, when submitting a pre-motion letter regarding a request to amend a pleading, the moving party shall attach: (1) the proposed amended pleading, and (2) a blackline comparison of the operative pleading and proposed amended pleading.

Joint discovery dispute letter (max 5 pages) required before discovery motion.

Source text: Unless otherwise directed, and before making any discovery motion, counsel should describe their discovery disputes in a single letter, jointly composed, not to exceed five pages.

Separate or successive discovery dispute letters will not be read.

Source text: Separate and successive letters will not be read.

Parties must confer before filing joint discovery dispute letter.

Source text: Before filing the joint letter, the parties shall confer in an effort to resolve the dispute without court action, and the joint letter shall describe the time, place and duration of such discussions, naming the counsel involved.

Joint letter must describe issues, positions, and supporting authority.

Source text: The joint letter shall also describe concisely the issues in dispute and the respective positions of each party, citing the applicable authority that the respective parties claim for support.

Party may submit letter without opposing party's contribution if no response within 72 hours.

Source text: If an opposing party refuses to participate in writing a joint letter or does not provide its portion of a joint letter within 72 hours of a party’s request, a party may submit a letter without the opposing party’s contribution and shall attach a copy of the correspondence seeking the opposing party’s contribution.

Pre-motion conference required before any motion except FRAP 4(a)(4)(A) motions and pro hac vice motions.

Source text: A pre-motion conference with the Court is required before making any motion, except: (1) motions that are required by Federal Rule of Appellate Procedure 4(a)(4)(A) to be made by a date certain; and (2) pro hac vice motions.

Pre-motion letter must not exceed 3 pages (double-spaced) and must state bases for anticipated motion.

Source text: To arrange a pre-motion conference, the moving party shall submit a letter not to exceed three pages (double-spaced) in length setting forth the bases for the anticipated motion.

Pre-trial documents must be scheduled by court conference after discovery completion.

Source text: After the completion of discovery, the Court shall hold a conference to schedule the submission of pre-trial documents. No submissions other than those scheduled by the Court will be considered.

Non-moving party must notify court within 14 days of motion to dismiss whether amending or relying on pleading

Source text: When a motion to dismiss is filed, the non-moving party must, within fourteen (14) 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 shall do so, or (ii) it will rely on the pleading being attacked.

Requests for adjournments, extensions, and pre-motion conferences for discovery disputes must be filed as letter-motions via ECF

Source text: Letter-motions filed via ECF must comply with the S.D.N.Y. Local Rules and the S.D.N.Y. “Electronic Case Filing Rules and Instructions.” In particular, all requests for adjournments, extensions, and pre-motion conferences with respect to discovery disputes should be filed as letter-motions.

Default judgments must be sought by motion following Attachment A procedure

Source text: A plaintiff seeking a default judgment must proceed by way of a motion pursuant to the procedure set forth in Attachment A.

Entry of default under Rule 55(a) required before default judgment motion.

Source text: Before seeking a default judgment, a plaintiff must seek the entry of default under Fed. R. Civ. P. 55(a) by filing a “Request to Enter Default” and other supporting papers consistent with Local Civil Rule 55.1.

Discovery disputes require good faith in-person or telephonic meet-and-confer before filing.

Source text: No discovery dispute shall be heard unless the moving party (including a non-party seeking relief) has first conferred in good faith with the adverse party or parties by telephone or in person in an effort to resolve the dispute. An exchange of letters or emails alone does not satisfy this requirement.

Opposition to discovery Letter-Motion due in 3 business days; reply due in 1 business day.

Source text: Unless the Court has ordered otherwise or the parties have agreed to a different briefing schedule, any opposition to a Letter-Motion shall be filed within three business days of the moving letter, and any reply shall be filed within one business day of the opposition.

Discovery disputes must first be resolved through good faith meet and confer.

Source text: Any party wishing to raise a discovery dispute with the Court must first meet and confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute.

Failed discovery disputes require joint call to Chambers for teleconference with Court.

Source text: If this process fails and the Court’s intervention is required, the parties must jointly call Chambers to hold a joint teleconference with the Court for prompt resolution of the dispute.

Pre-motion teleconference required before filing Motion to Strike

Source text: Before filing a Motion to Strike, the moving party must coordinate a teleconference with Chambers to discuss the proposed motion.

Expert testimony disputes must be raised at status conference after fact discovery.

Source text: Motions to exclude the testimony of experts should not be treated as motions in limine. If the parties anticipate that there will be a dispute over the admissibility of expert testimony, the issue must be raised at the status conference following the close of fact discovery so that the Court may set an appropriate briefing schedule. If such a dispute arises after that status conference, the party disputing the admissibility of the expert's testimony must promptly notify the Court so that an appropriate briefing schedule may be set.

Summary judgment motions generally not available in non-jury cases without good cause.

Source text: Absent good cause, the Court generally will not consider summary judgment motions in non-jury cases. If a party wishes to move for summary judgment in a non-jury case, that party should raise the issue in the parties' joint letter submitted before the status conference following the close of fact discovery.

Oral argument requests must be included in moving papers, not separate motions.

Source text: Parties seeking oral argument on a motion may request oral argument as part of moving papers for the substantive motion at the time their moving or opposing or reply papers are filed and should not move separately for oral argument.

Extensions and adjournments must be requested via letter-motion, not proposed stipulations or orders.

Source text: As noted above, requests for extensions and adjournments must be made by letter-motion, not by proposed stipulation or proposed order.

Sur-reply memoranda require prior Court permission

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

Pre-motion letter required for summary judgment motions.

Source text: If the parties contemplate filing summary judgment motion(s), they shall first confer and jointly propose a briefing schedule for such motion(s) in a letter to the Court.

Expert testimony exclusion motions must be filed by dispositive motion deadline.

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

Prompt motion for default judgment required when party fails to respond.

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.

Clerk's Certificate of Default required before default judgment motion.

Source text: If a failure to answer is the basis for the default, the party seeking a default judgment must begin by seeking a Clerk’s Certificate of Default pursuant to Local Civil Rule 55.1.

Discovery disputes require meet-and-confer before filing letter motion (max 4 single-spaced pages).

Source text: Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, the party shall promptly file a letter motion, no longer than four single-spaced pages, explaining the nature of the dispute and requesting an informal conference.

Opposing party must file letter position within 7 business days of pre-motion conference request.

Source text: Unless otherwise ordered by the Court, within 7 business days, the opposing party shall file a letter position.

Discovery motions require informal conference with Court before filing.

Source text: For discovery motions, follow Local Civil Rule 37.2, which requires the moving party to request an informal conference with the Court before the filing of any such motion. Strict adherence to Fed. R. Civ. P. 37(a)(1), the 'meet and confer' rule, is required.

Pre-motion conference (3-page letter) required before summary judgment motions.

Source text: A pre-motion conference is required before making a motion for summary judgment. To request a pre-motion conference, the moving party shall file, on ECF, a letter-motion for a conference, not to exceed 3 pages, setting forth the basis for the anticipated motion.

Non-moving party has 10 days to notify Court about amended pleading after motion to dismiss.

Source text: Upon the filing of a motion to dismiss, the Court will ordinarily issue an order requiring the non-moving party, within 10 days, to notify the Court whether it intends to file an amended pleading, or will rely on the pleading being attacked.

Moving party has 21 days after amended pleading to file answer, new motion to dismiss, or rely on original motion.

Source text: If the non-moving party amends its pleading, within 21 days of such amendment, the moving party may file an answer, file a new motion to dismiss, or notify the Court that it will rely on the initially-filed motion to dismiss.

Rule 26(f) conferences must occur at least 21 days before initial conference.

Source text: In cases in which Fed. R. Civ. P. 26(f) applies, counsel shall confer at least 21 days prior to the conference date and attempt in good faith to agree upon a proposed discovery plan that will ensure trial readiness within six (6) months of the conference date.

Pre-motion conference required before filing summary judgment motions.

Source text: All motions and applications shall be governed by the Court’s Individual Practices, including the requirement of a pre-motion conference before a motion for summary judgment is filed.

Joint letter required within 14 days of discovery close for summary judgment motions.

Source text: Should either party wish to file a summary judgment motion, the parties must, within 14 days of the close of all discovery, submit a joint letter that either sets forth a joint proposed briefing schedule or sets forth the parties’ respective proposals for summary judgment briefing schedules.

Parties must submit a joint letter proposing summary judgment briefing schedules within 14 days of close of discovery before filing the motion.

Source text: Should either party wish to file a summary judgment motion, the parties must, within 14 days of the close of all discovery, submit a joint letter that either sets forth a joint proposed briefing schedule or sets forth the parties' respective proposals for summary judgment briefing schedules.

Discovery motions require pre-motion conference with Court.

Source text: For discovery motions, follow Local Civil Rule 37.2, which requires the moving party to request an informal conference with the Court before the filing of any such motion.

Discovery motions require a pre-motion conference per Local Rule 37.2.

Source text: For discovery motions, follow Local Civil Rule 37.2, which requires the moving party to request an informal conference with the Court before the filing of any such motion.

Qualified immunity motions must be filed within 60 days with plaintiff's deposition testimony; no extensions granted.

Source text: Judge McMahon will not extend this deadline for any reason. Please read the rule carefully: Judge McMahon will not consider anything on a qualified immunity motion except the testimony of the plaintiff, which testimony must be taken prior to filing papers in support of the motion. Any defendant who does not make a motion as required by Judge McMahon’s rules waives his right to have the issue of qualified immunity decided on motion prior to trial.

Pre-motion conference required before filing motions

Source text: Pre-Motion Conferences in Civil Cases

Counsel must be prepared to discuss all pending motions at initial conference.

Source text: Counsel should be prepared to discuss pending motions at the Initial Conference, whether they are fully briefed or not.

Patent cases require Rule 16 conference with pre-conference scheduling discussion.

Source text: Counsel must attend the Rule 16 pretrial conference in patent cases. Counsel should not fill out Judge McMahon’s standard case management order, but should instead come to the initial conference having already conferred about scheduling.

Patent cases: claim construction first, intrinsic evidence only before discovery.

Source text: Judge McMahon first assesses claim construction in patent cases, absent some compelling reason to do otherwise. She requires papers limited to intrinsic evidence before she allows any discovery.

FLSA cases require Rule 16 conference without standard case management form.

Source text: Counsel in FLSA cases must attend the Rule 16 pretrial conference. Counsel in FLSA cases should not fill out Judge McMahon’s standard case management form.

Post-discovery qualified immunity motions require pleading as affirmative defense and full discovery.

Source text: If it is clear to counsel for the defendant(s) that a viable qualified immunity motion will require the presentation of evidence from the defendant(s) or a third party, please do not make a pre-discovery motion. Plead qualified immunity in your answer as an affirmative defense. Take your discovery and let the plaintiff take his/her discovery. Then move for summary judgment on the ground of qualified immunity – or, if relevant facts are in dispute, take the issue to trial.

Plaintiff deposition required before briefing pre-discovery qualified immunity motion.

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.

30 days to file brief after plaintiff deposition for 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). If the defendant(s) decide(s) to proceed with the issue of qualified immunity at this stage, brief it. If the defendant(s) decide(s) not to proceed with the qualified immunity issue at the pre-answer/pre-discovery stage, simply notify the Court of that decision and do not address that issue in the brief.

14 days to file omnibus reply brief addressing qualified immunity and other grounds.

Source text: Within 14 days of the filing of the plaintiff’s brief, the defendant(s) should file an omnibus reply brief addressing both qualified immunity and other asserted grounds for dismissal.

Pre-answer qualified immunity motions converted to summary judgment; only plaintiff deposition considered.

Source text: On a pre-answer/pre-discovery motion, the Court will convert the qualified immunity aspect of the motion to one for summary judgment and will consider the plaintiff’s deposition – but no other evidence – in deciding that issue and that issue only.

Answering papers due 14 days after moving papers; reply papers due 5 days after that. No return date to be set.

Source text: Counsel are not to set a “return date.” Answering papers or motions are to be served fourteen days after receipt of the moving papers. Reply papers, if any, are to be served five days later.

Letter motions only accepted if allowed under Local Rule 7.1(d) or Clerk's “Text Only Orders” program.

Source text: Judge McMahon does not accept letter motions other than those allowed under Local Rule 7.1(d) and “Text Only” motions made pursuant to the Clerk’s “Text Only Orders” program.

Requests must be made via ECF, not fax or mail. Includes various motion types like extensions, adjournments, protective orders, etc.

Source text: Requests made via fax or U.S. Mail will not be accepted. The types of request subject to this requirement are: • Motion to Appoint Process Server • Motion to Request an Adjournment of a Scheduled Conference/Hearing • Motion to Enforce Judgment • Motion for a Hearing • Motion for Judgment Debtor Examination • Motion to Appeal In Forma Pauperis • Motion to Serve Process • Motion to Set Aside Default • Motion to Appear Pro Hac Vice • Motion for an Extension of Time to Amend • Motion for an Extension of Time to Complete Discovery • Motion for an Extension of Time to Answer • Motion for an Extension of Time to File Document • Motion for an Extension of Time to File Response/Reply • Motion for Mediation • Motion for Protective Order • Motion for Recusal • Motion to Redact Transcript • Motion to Stay • Motion to Take Deposition • Motion to Set/Reset Deadlines

In limine motions must be filed within 5 days after final pretrial conference notice.

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.

Pre-motion conference required for Rule 12(b)/(c) motions except pro se cases, with mandatory statement in notice of motion if no amendment agreement.

Source text: Except in cases involving pro se parties, if a motion pursuant to Fed. R. Civ. P. 12(b) or 12(c) is contemplated, the plaintiff or counterclaimant must indicate whether it wishes to amend the subject pleading before motion practice, and the parties must consider in good faith a stipulation permitting such amendment. If the parties are unable to reach a resolution, counsel for the moving party shall include the following statement in the notice of motion: “This motion is made following the conference of counsel, which took place on [date]. Plaintiff [or Counter Claimant] declined an opportunity to amend.”

Discovery disputes require good faith in-person/phone meet-and-confer, then ECF letter-motion with required content; responses due 3 business days.

Source text: Parties or non-parties seeking to raise a discovery dispute with the Court shall follow Local Rule 37.2 with the following modifications. The party or non-party must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. An exchange of emails or letters is not sufficient to meet this obligation. If this meet-and-confer process does not resolve the dispute, the party may submit an ECF letter-motion to the Court or, if applicable, to the Pro Se Intake Unit explaining the nature of the dispute and requesting a conference. Such letter-motion must include a representation that the meet-and-confer process occurred and state when it occurred. Any responsive letter should be submitted within 3 business days after submission of the letter-motion. The parties’ filings should address Rules 1 and 26(b)(1) of the Federal Rules of Civil Procedure to the extent applicable. The Court will try to resolve the issue during a conference without the need for formal briefing. However, if formal briefing is required, the Court will set a schedule for such briefing at the conference.

Letter-motion oppositions due 3 business days after moving letter, replies due 1 business day after opposition; alternate schedules require court approval.

Source text: Unless the Court has ordered or approved otherwise, any opposition to a letter-motion, shall be filed within three business days of the moving letter, and any reply shall be filed within one business day of the opposition. The parties may agree to a different briefing schedule, but they must request the Court’s approval of their alternate schedule, either in the moving letter or as soon as agreement is reached. The Court must approve the alternate schedule. Otherwise, the parties must adhere to the schedule as enumerated in these Individual Rules. If the letter-motion requests emergency or expedited relief, opposing counsel is advised to file any opposition as promptly as possible.

Formal motion briefing due per Local Civil Rule 6.1 unless court approves party-agreed alternate schedule.

Source text: Unless the Court has ordered or approved otherwise, opposition and reply papers with respect to formal motions will be due in accordance with Local Civil Rule 6.1. The parties are strongly encouraged to agree on a reasonable briefing schedule before the moving papers are filed. If the parties have agreed to such a schedule, they must request the Court’s approval of their schedule, either in the moving party’s notice of motion or by letter-motion as soon as agreement is reached. Should the parties thereafter agree to modify their briefing schedule, they must promptly request that the Court approve the new schedule by letter-motion. The Court must approve the alternate or new briefing schedule; otherwise, the parties must adhere to the schedule as set out in Local Civil Rule 6.1.

Sur-reply memoranda require prior court permission to be accepted.

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

Pre-motion conferences required for motions before/referred to Judge Gorenstein, except for specified exceptions.

Source text: As described below, pre-motion conferences are required where the proposed motion is returnable before Judge Gorenstein, or where the proposed motion has been referred to Judge Gorenstein, except that no pre-motion conference is required for motions for admission pro hac vice, motions for reconsideration or reargument, motions listed in Fed. R. App. P. 4(a)(4)(A), motions for recusal, and applications made by order to show cause.

Discovery motions require good faith conference with opposing parties before filing.

Source text: Discovery Motions. No application relating to discovery (that is, any dispute arising under Rules 26 through 37 or Rule 45 of the Federal Rules of Civil Procedure) shall be heard unless the moving party has first conferred in good faith by telephone or in person with all other relevant parties in an effort to resolve the dispute.

Conference request letter must certify that required conference took place.

Source text: The letter must certify that the required in-person or telephonic conference took place between the relevant parties.

Conference request letter must include conference date/time, duration, participants, adversary positions, and impasse notification.

Source text: The letter must also state (1) the date and time of such conference, (2) the approximate duration of the conference, (3) the names of the attorneys who participated, (4) the adversary’s position as to each issue being raised (as stated by the adversary during the in-person or telephonic 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.

Parties must not attend the pre-conference phone call.

Source text: The Parties themselves should not attend the call.

Sur-replies require prior court permission.

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

Letter-motions must comply with S.D.N.Y. Local Rules and ECF Rules; adjournments, extensions, and pre-motion conferences should be filed as letter-motions.

Source text: Letter-motions filed via ECF must comply with the S.D.N.Y. Local Rules and the S.D.N.Y. “ECF Rules and Instructions.” In particular, all requests for adjournments and extensions (as discussed in Rule I(F) and I(G), supra), and pre-motion conferences (including pre-motion conferences with respect to discovery disputes) (as discussed in Rule II(B), infra), should be filed as letter-motions.

Pre-motion conferences required for motions before Judge Ricardo, except for specified motion types.

Source text: As described below, unless waived by the Court, pre-motion conferences are required where the proposed motion is returnable before Judge Ricardo, except that no pre-motion conference is required for motions to dismiss in lieu of answer, motions for admission pro hac vice, motions for reconsideration or reargument, motions listed in Fed. R. App. 4(a)(4)(A), any post-judgment motions, and applications made by order to show cause.

Discovery motions require good faith conference with opposing parties before filing.

Source text: No motion relating to discovery (that is, any dispute arising under Rules 26 through 37 or Rule 45 of the Federal Rules of Civil Procedure) shall be heard unless the moving party has first conferred in good faith by telephone, videoconference, or in person with all other relevant parties in an effort to resolve the dispute.

After failed discovery conference, moving party must file letter-motion requesting court conference.

Source text: The moving party must thereafter promptly request a conference with the Court pursuant to Local Civil Rule 37.2. To request a conference with the Court, the moving party shall file on ECF a letter-motion setting forth the basis of the dispute and the need for the anticipated motion.

Discovery letter-motion must certify conference and include date, participants, adversary positions, and impasse notification.

Source text: The letter-motion must certify that the required in-person or telephone conference took place between counsel for the relevant parties. The letter-motion must also state: (1) the date, time, and approximate duration of such conference; (2) the names of the attorneys who participated in the conference; (3) the adversary’s position as to each issue being raised (as stated by the adversary during the in-person or telephone conference); and (4) 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.

Opposing party must respond to discovery letter-motion within 3 business days as a letter, not letter-motion.

Source text: The party opposing the requested relief should submit a letter to the Court in response as soon as practicable and in any event within three business days, unless the parties agree otherwise (and the Court is informed of the agreed response date by letter), or an extension of time is sought and granted in accordance with paragraph I(F), supra. Non-moving parties are reminded that their letters in response should not be filed as “letter-motions” but rather as “letters.”

Pre-motion letter (max 3 pages) required for non-discovery motions.

Source text: To arrange a pre-motion conference for non-discovery matters, the moving party shall submit a letter setting forth briefly (normally not more than three pages) the nature of the anticipated motion.

Pre-motion conferences required except for specific motion types.

Source text: As described below, unless waived by the Court, pre-motion conferences are required where the proposed motion is returnable before Judge Ricardo, except that no pre-motion conference is required for motions to dismiss in lieu of answer, motions for admission pro hac vice, motions for reconsideration or reargument, motions listed in Fed. R. App. 4(a)(4)(A), any post-judgment motions, and applications made by order to show cause.

Discovery motions require good faith conference before filing.

Source text: No motion relating to discovery... shall be heard unless the moving party has first conferred in good faith by telephone, videoconference, or in person with all other relevant parties in an effort to resolve the dispute.

Pre-motion letter (max 3 pages) required for non-discovery motions.

Source text: To arrange a pre-motion conference for non-discovery matters, the moving party shall submit a letter setting forth briefly (normally not more than three pages) the nature of the anticipated motion.

Sur-replies require prior court permission.

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

Pre-motion letters required for most motions before Judge Willis except specified exemptions

Source text: Pre-motion letters seeking a conference should propose a briefing schedule and are required where the proposed motion is returnable before Judge Willis, or where the proposed motion has been referred to Judge Willis, except that no pre-motion letter is required for (i) motions for admission pro hac vice, (ii) motions by litigants in actions where a party is both pro se and incarcerated, (iii) motions for reconsideration or reargument, (iv) motions for a new trial, (v) motions in limine, (vii) motions listed in Fed. R. App. P. 4(a)(4)(A), (viii) motions for recusal, (ix) habeas corpus petitions, (x) applications made by order to show cause, and (xi) Federal Rule of Civil Procedure 12(b)(6) motions to dismiss in lieu of an Answer.

Discovery disputes require meet-and-confer, then 3-page letter motion, 3-day response window, waiver for late response

Source text: Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If the meet-and-confer does not resolve the dispute, a party may submit a letter motion no longer than 3 single-spaced pages, explaining the nature of the dispute and requesting a conference. Such letter motion must state when the meet-and-confer occurred. Any responsive letter should be submitted within 3 business days after submission of the letter motion and should be no longer than 3 single-spaced pages. Failure to respond within 3 business days will result in a waiver of any objections. The Court will endeavor to resolve the issue without a conference and without the need for formal briefing. However, if formal briefing is required, the Court will either schedule a conference or set a schedule for such briefing.

Non-discovery pre-motion conferences require letter motion following Individual Practice I.B requirements

Source text: To arrange a pre-motion conference for non-discovery matters, the moving party shall submit a letter motion in accordance with Individual Practice I.B. The letter motion should set forth the nature of the anticipated

One week before conference, file joint Case Management Plan and Scheduling Order on ECF, plus joint letter and email courtesy copy of pleadings.

Source text: The Notice will direct the parties to file on ECF, approximately one week prior to the conference, a joint proposed Case Management Plan and Scheduling Order (using Judge Rearden’s fillable Civil Case Management Plan and Scheduling Order), as well as a joint letter. At that time, one courtesy copy of the pleadings should also be emailed to ReardenNYSDChambers@nysd.uscourts.gov.

Good faith meet-and-confer required before filing discovery dispute letter-motion.

Source text: Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party—in person, virtually, or by telephone—in an effort to resolve the dispute. Conferring in writing does not satisfy this requirement.

Good faith meet-and-confer required before TRO application unless Rule 65(b) requirements met.

Source text: Unless the requirements of Federal Rule of Civil Procedure 65(b) are met, the movant shall confer with its adversary before making an application for a temporary restraining order or other emergency relief.

Pre-motion conferences required only for discovery-related motions.

Source text: A pre-motion conference is required only for discovery-related motions (including discovery letter-motions addressed in Rule 3.C). A pre-motion conference will not be held for any other motion.

Motions in limine opposition due within 7 days, replies not permitted.

Source text: Motions addressing any evidentiary issues or other matters that should be resolved in limine. Opposition papers shall be filed within seven days thereafter. Replies will not be entertained.

Responses to pretrial memorandum due within one week.

Source text: Responses or oppositions to those legal issues shall be filed within one week thereafter.

Motion for default judgment required under FRCP 55(b)(2) and Local Rule 55.2(b); order to show cause not permitted.

Source text: File a motion for default judgment pursuant to Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(b). A party seeking a default judgment should not proceed by order to show cause.

Discovery motions require informal conference with Court before filing.

Source text: For discovery motions, follow Local Civil Rule 37.2 requiring the moving party to request an informal conference with the Court before the filing of any such motion.

Pre-motion conference required for most motions except specified exceptions.

Source text: A pre-motion conference with the Court is required before making any other motions, except motions for admission pro hac vice, motions for re-argument or reconsideration, motions pursuant to Fed. R. Civ. P. 11(c)(2), or motions for which the Court has already set a briefing schedule.

Pre-motion letter via ECF (max 3 pages) required to arrange pre-motion conference.

Source text: To arrange a pre-motion conference, the moving party shall submit a letter via ECF, not to exceed three pages in length, setting forth the basis for the anticipated motion.

Opposing party must respond via ECF (max 3 pages) within 3 business days.

Source text: The opposing party shall submit a response via ECF, not to exceed three pages in length, within 3 business days from the date the moving party’s letter was filed.

Pre-motion conference required only for discovery motions under Rules 26-37 or Rule 45.

Source text: A pre-motion conference is not required for any motion except motions seeking relief in connection with discovery disputes (that is, any dispute arising under Rules 26 through 37 or Rule 45 of the Federal Rules of Civil Procedure.

Good faith meet-and-confer required in person or by phone before discovery motions.

Source text: The party or non-party must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. An exchange of emails or letters is not sufficient to meet this obligation.

Responsive letters to discovery motions due within 3 business days.

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

Opposition to letter-motions due within 3 business days; reply within 1 business day.

Source text: Unless the Court has ordered or approved otherwise, any opposition to a letter-motion, shall be filed within three business days of the moving letter, and any reply shall be filed within one business day of the opposition.

Opposition and reply papers for formal motions follow Local Civil Rule 6.1.

Source text: Unless the Court has ordered or approved otherwise, opposition and reply papers with respect to formal motions will be due in accordance with Local Civil Rule 6.1.

Agreed briefing schedules must be approved by Court in notice of motion or letter-motion.

Source text: If the parties have agreed to such a schedule, they must request the Court’s approval of their schedule, either in the moving party’s notice of motion or by letter-motion as soon as agreement is reached.

Modifications to agreed briefing schedules require Court approval by letter-motion.

Source text: Should the parties thereafter agree to modify their briefing schedule, they must promptly request that the Court approve the new schedule by letter-motion.

Alternate/new briefing schedules require Court approval or default to Local Civil Rule 6.1.

Source text: The Court must approve the alternate or new briefing schedule; otherwise, the parties must adhere to the schedule as set out in Local Civil Rule 6.1.

Sur-replies require prior Court permission.

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

Discovery disputes require meet-and-confer, then 3-page letter-motion with certification, response within 3 business days.

Source text: For discovery motions (that is, any dispute arising under Rules 26 through 37 or Rule 45 of the Federal Rules of Civil Procedure), follow Local Civil Rule 37.2 with the following modifications. Any party wishing to raise a discovery dispute with the Court must first meet-and-confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, the party may submit an ECF letter-motion to the Court no longer than three (3) single-spaced pages, explaining the nature of the dispute and requesting a pre-motion conference. The letter-motion must certify that (i) the meet-and-confer process occurred, including the date, time, place, and duration of the parties’ efforts to resolve the dispute and (ii) the moving party informed the adversary during the in-person or telephonic conference that it believed the parties to be at an impasse and that the moving party would be requesting a conference with the Court. The opposing party shall submit a response via ECF, not to exceed three (3) single-spaced pages in length, within three business days after submission of the letter-motion, unless the parties agree otherwise (and the Court is informed of the agreed response date by letter).

Pre-motion conference required for most motions except specified exceptions; 3-page letter and 5-day response.

Source text: For all other motions, a pre-motion conference is required, except for (i) motions to dismiss in lieu of an answer; (ii) motions for admission pro hac vice; (iii) motions for reargument or reconsideration; (iv) motions listed in Fed. R. App. 4(a)(4)(A); (v) any post-judgment motions; (vi) motions in limine; (vii) motions to dismiss habeas corpus petitions; and (viii) applications made by order to show cause. Where a pre-motion conference is required, the moving party shall file a letter (not a letter-motion) no longer than three (3) single-spaced pages in length, setting forth the basis for the anticipated motion. The opposing party shall submit a letter response via ECF, no longer than three (3) single-spaced pages in length, within five business days after submission of the moving party’s letter, unless the parties agree otherwise (and the Court is informed of the agreed response date by letter). The Court will notify the parties if a pre-motion conference is required.

Discovery disputes require meet-and-confer before filing 5-page ECF letter motion; responsive letters due within 3 business days.

Source text: Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, the party may submit an ECF letter motion to the Court, no longer than five pages, explaining the nature of the dispute and requesting an informal conference. Such letter must include evidence or a representation that the meet-and-confer process occurred, including when and whether it was in person or over the telephone. Any responsive letter should be submitted within three business days.

Pre-motion letter required for summary judgment motions (14 days after discovery closes)

Source text: Any party that wishes to file a motion for summary judgment shall file a pre-motion letter with the Hon. ______________________ by ______________________ (generally 14 days after the close of discovery)

Pre-motion letters limited to 3 pages; opposition must respond within 3 business days.

Source text: To arrange a pre-motion conference, the moving party should submit a letter, not to exceed 3 pages (exclusive of letterhead and signature block(s)), setting forth the basis for the anticipated motion. The opposing party should submit a letter, also not to exceed 3 pages, setting forth its position within 3 business days from the service of the moving party’s letter.

Non-moving party must state intent to amend during pre-motion conference for motions to dismiss.

Source text: During a pre-motion conference to discuss a motion to dismiss, the non-moving party must advise the Court and its adversary whether it intends to file an amended pleading based on the pre-motion conference letter, and if so, when it will do so.

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

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

Settlement conference required 14 days before joint pretrial order filing

Source text: At least 14 days before the parties file their joint pretrial order, all counsel must meet for at least one hour to discuss settlement in good-faith

Counsel must meet in person for at least one hour to discuss settlement within 14 days after fact discovery closes.

Source text: All counsel must meet in person for at least one hour to discuss settlement within fourteen (14) days following the close of fact discovery.

Summary judgment practice not ordinarily allowed in non-jury cases without good cause.

Source text: Absent good cause, the Court will not ordinarily have summary judgment practice in a non-jury case.

Declining to amend after fully briefed motion to dismiss may waive right to cure defects through amendment.

Source text: Non-moving parties are on notice that declining to amend their pleadings to timely respond to a fully briefed argument in the motion to dismiss may well constitute a waiver of their right to use the amendment process to cure any defects that have been made apparent by the briefing.

Sur-reply memoranda require prior court permission.

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

Cross-motions are prohibited.

Source text: There shall be no cross-motions.

Requesting a pre-motion conference for a proposed motion to dismiss stays the requesting party’s deadline to move or answer.

Source text: If a pre-motion conference is requested in connection with a proposed motion to dismiss, the request will stay the deadline for the requesting party to move or answer.

Sur-replies require prior permission from the Court

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

Special rules for pre-motion conferences on motions to dismiss regarding amended pleadings

Source text: During a pre-motion conference to discuss a motion to dismiss, the non-moving party must advise the Court and its adversary whether it intends to file an amended pleading based on the pre-motion conference letter, and if so, when it will do so. If the party amends, the opposing party may then: (a) file an answer or (b) submit a letter stating that it still intends to file a motion to dismiss. No further requests for a pre-motion conference are necessary.

Leave to amend unlikely if non-moving party doesn't amend and motion to dismiss is granted

Source text: If the non-moving party elects not to amend its complaint and the motion to dismiss is granted, it is unlikely that the Court will grant the non-moving party leave to amend.

Declining to amend after motion to dismiss may waive right to cure defects later.

Source text: Non-moving parties are on notice that declining to amend their pleadings to timely respond to an argument in the motion to dismiss may constitute a waiver of their right to later use the amendment process to cure defects that have been made apparent by the briefing.

Opposing party may respond to discovery dispute motion 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.

A pending motion to dismiss cancels any scheduled initial scheduling conference.

Source text: Unless the parties are otherwise notified, a pending motion to dismiss the entire action cancels any previously scheduled initial scheduling conference.

Remote conference requests require letter-motion and Court approval even if on consent

Source text: If any counsel wishes for a conference to be conducted remotely (by telephone or video), they should confer with all other counsel and promptly file a letter‐motion to that effect. Even if a motion for a remote conference is on consent, the Court does not automatically grant such motions.

Pre-motion conference request for motion to dismiss stays deadline to move or answer.

Source text: If a pre-motion conference is requested in connection with proposed motion to dismiss, the request will stay the deadline for the requesting party to move or answer, and a new deadline will be set at the conference.

Incomplete rule about deposition requirements for summary judgment motions.

Source text: With respect to any deposition

Parties must confer under FRCP 26(f) as soon as practicable after complaint service.

Source text: The parties should fulfill their obligations to confer as required by Federal Rule of Civil Procedure 26(f) as soon as practicable after service of the complaint.

Good-faith conference requires meaningful dialogue, not just sending letters/emails; must attempt to resolve issues.

Source text: The moving party should note that “good-faith conference” does not mean that it has merely sent its adversary a letter or email, to which the adversary has not yet responded. The Court expects that, at a minimum, the moving party will have called its adversary and made efforts to engage in a meaningful dialogue, in an attempt to resolve any discovery issues.

Parties must confer within 1 week after discovery closes to propose joint briefing schedule for summary judgment motions

Source text: If both sides intend to file summary judgment motions, the parties should confer and propose (no later than one week after the close of discovery) a briefing structure, schedule, and page limits.

Filing motion after court indicates likely denial may result in sanctions against defendant.

Source text: In the event that the Court, upon review of the parties’ exchange of correspondence described above, issues preliminary guidance in writing indicating that a formal motion if filed is likely to be denied in whole or in part and the defendant nonetheless proceeds with such motion filed, and the Court’s formal ruling does deny the motion in whole or in part, the Court may deem the circumstances as grounds supporting an application for appropriate sanctions against the defendant, including an award of related attorney’s fees and costs.

Court will not consider new matters raised for first time in reply memoranda.

Source text: The Court will not consider new matters raised in replies for the first time.

Sur-replies require court permission and only for new controlling law.

Source text: Sur-reply memoranda will not be accepted without prior permission of the Court and then only in the rare instances in which new controlling law is promulgated after the filing of the reply papers.

Pre-motion letters don't stay deadlines except for motions to dismiss staying defendant's answer time.

Source text: The submission of a pre-motion letter does not stay any future deadlines, except that submission of a pre-motion letter concerning a motion to dismiss will stay a defendant’s time to answer or otherwise move with respect to the Complaint.

Pre-motion submissions not required from pro se parties; response due 3 business days if adversary files.

Source text: Pre-motion submissions are not required from pro se parties. If the pro se party’s adversary files a pre-motion submission, the pro se party may, but is not required to, file a response to the pre-motion submission. Any such response shall be due three business days after the pre-motion submission is received by the pro se party.

Sur-replies require prior permission.

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

Court generally won't retain jurisdiction to enforce settlements; requires motion with reasons and settlement agreement.

Source text: The Court also generally will not retain jurisdiction to enforce settlement agreements. If the parties believe that exceptional and compelling circumstances justify requesting that the Court retain jurisdiction to enforce a particular settlement agreement, the parties must file a motion containing that request and the reasons for retaining jurisdiction and attaching a copy of the settlement agreement on the public docket (or explaining why the settlement agreement cannot be made public at the time of the motion).

Oral argument generally not heard in pro se matters unless otherwise ordered.

Source text: The Court does not generally hear oral argument in pro se matters. Unless otherwise ordered by the Court, the parties should not anticipate oral argument.

Joint status letter required within 7 days if no summary judgment pre-motion conference requested.

Source text: If no party submits a letter requesting a pre-motion conference on summary judgment within the relevant deadline, the parties shall submit a joint status letter no later than seven days after the deadline for a summary judgment letter has passed.

Remote conference requests require letter-motion filed promptly after conferring with all counsel.

Source text: If any counsel wishes for a conference to be conducted remotely (by telephone or video), he or she should confer with all other counsel and promptly file a letter-motion to that effect in accordance with Rule I(B)(1), supra.

Summary judgment motions generally not available in non-jury cases without good cause.

Source text: Generally Not Available in Non-Jury Cases. Absent good cause, the Court generally will not consider summary judgment motions in non-jury cases.

Plaintiff must respond to motion to dismiss letter within 5 business days.

Source text: The plaintiff shall respond by similar letter within five business days indicating the extent, if any, to which plaintiff concurs with defendant's objections and the amendments, if any, to be made to the complaint to address them, or the reasons and controlling authority that support the pleadings as filed.

Pre-motion letters don't stay deadlines except for motions to dismiss.

Source text: The submission of a pre-motion letter does not stay any future deadlines, except that submission of a pre-motion letter concerning a motion to dismiss will stay the defendant’s time to answer or otherwise move with respect to the complaint.

Oral argument not routine; request by marking cover page

Source text: The Court does not routinely hold oral argument on motions. But a party may request oral argument by indicating “ORAL ARGUMENT REQUESTED” on the cover page of its memorandum of law.

Additional oral argument request requires letter, not letter-motion

Source text: If a party believes that the Court would benefit from oral argument for a particular reason not obvious from the parties’ briefing, the party may file a letter—not a letter-motion—explaining the reason on ECF.

Discovery disputes must be addressed in pre-motion conference

Source text: Discovery Disputes

Initial conference not automatically cancelled if fully briefed motion is pending, even with stipulated case management plan.

Source text: However, if there is a pending motion that has been fully briefed, the conference will not be automatically cancelled, even if counsel submit a stipulated case management plan.

Oral argument requests must be made by letter when filing papers; rarely granted; Court decides case-by-case.

Source text: Parties may request oral argument by letter at the time their moving, opposing, or reply papers are filed. However, Judge McMahon rarely hears oral argument on motions. The Court will decide on a case-by-case basis whether argument will be heard, and, if so, will advise counsel of the argument date.

If adversary notified but doesn’t consent to TRO, application must be heard at mutually agreeable time.

Source text: If the movant’s adversary has been notified but does not consent to temporary injunctive relief, the movant must bring the application to the Court at a mutually agreeable time, so that the Court may hear argument from both sides in reaching a determination.

Parties may agree to alternate briefing schedule but must get Court approval.

Source text: The parties may agree to a different briefing schedule, but they must request the Court’s approval of their alternate schedule, either in the moving letter or as soon as agreement is reached.

Sur-reply memoranda require prior permission from the Court.

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

Leave to amend unlikely if non-moving party doesn't amend and motion to dismiss is granted.

Source text: If the non-moving party elects not to amend its complaint and the motion to dismiss is granted, it is unlikely that the Court will grant the non-moving party leave to amend.

Oral argument may be requested by letter when filing motion papers.

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

Court will deny original motion to dismiss as moot without notice if moving party files answer or new motion.

Source text: If the moving party files an answer or a new motion to dismiss, the Court will deny the original motion to dismiss as moot without notice to the parties.

Parties with expedited discovery schedules (6 months or less) may request cancellation of the Initial Pretrial Conference via Joint Letter.

Source text: If counsel agree on a schedule that calls for the close of all discovery not more than six months from the date of the Notice of Initial Pretrial Conference, the parties may request in the above-referenced Joint Letter that the Initial Pretrial Conference be cancelled. The Court will ordinarily grant such a request.

Pre-motion conferences are not required except for discovery disputes and early summary judgment motions.

Source text: Pre-motion conferences are not required, except for disputes concerning discovery, which are governed by Rule 2.C, and summary judgment motions made before the close of discovery, which are governed by Rule 3.G.vii.

Pre-motion conferences are not required.

Source text: Counsel shall not request a pre-motion or permission to file a motion.

Motions can be returnable on any day of the week.

Source text: Motions shall be returnable on any day of the week.

Counsel should not appear in Court on the return date.

Source text: Counsel shall not appear in Court on the return date.

Court schedules oral argument if desired.

Source text: The Court will schedule the date and time for argument if it desires argument.

No pre-motion conference or permission required; motions may be filed at attorney discretion.

Source text: Counsel shall not request a pre-motion or permission to file a motion. Motions may be filed in the discretion of the attorneys, and shall conform to the Federal Rules of Civil Procedure.

Pre-motion conferences are optional for non-discovery motions and may be requested by letter-motion.

Source text: d. Pre-Motion Conferences. For motions other than discovery motions, pre-motion conferences are not required, but may be requested by letter-motion where counsel believe that an informal conference with the Court may obviate the need for the motion or narrow the issues in dispute.

Formal motion briefing schedule follows Local Civ. R. 6.1 unless otherwise ordered.

Source text: Unless the Court has ordered otherwise or the parties have agreed to a different briefing schedule, opposition and reply papers with respect to formal motions will be due in accordance with Local Civ. R. 6.1.

Counsel are encouraged to request a settlement conference before the assigned magistrate judge.

Source text: Counsel are encouraged to request a settlement conference before the assigned magistrate judge.

Parties may request oral argument; Court will advise if granted and schedule date

Source text: The parties may request oral argument; the Court will advise counsel if argument will be heard and, if so, of the argument date.

Pre-motion conferences required only for discovery disputes.

Source text: Pre-motion conferences are not required, except for disputes concerning discovery, which are governed by Paragraph 5 above.

Pre-motion conferences are not required except for discovery disputes.

Source text: Pre-motion conferences are not required, except for disputes concerning discovery, which are governed by Paragraph 5 above.

Filing a pre-motion conference request to dismiss automatically stays the Answer deadline until the motion is resolved.

Source text: The filing of a request for a pre-motion conference to dismiss prior to filing an Answer stays the time for filing an Answer until after the motion is resolved or further order of the Court, whichever is earlier.

Oral argument rarely held; request by marking cover page or filing letter on ECF explaining benefit.

Source text: The Court rarely holds oral argument. But a party may request oral argument on a motion by indicating “ORAL ARGUMENT REQUESTED” on the cover page of its memorandum of law. If a party believes that the Court would benefit from oral argument for a particular reason not obvious from the parties’ briefing, the party may file a letter explaining the reason—not a letter-motion—on ECF. The Court will determine whether argument will be heard and, if so, advise counsel of the argument date.

Pre-motion conference is not required.

Source text: Pre-motion conference: Not required.

Motions (except Orders to Show Cause) should be filed without a return date.

Source text: All motions, unless brought on by an Order to Show Cause, should be made without a return date.

Pre-motion conferences not required except for discovery motions.

Source text: Pre-motion conferences are not required, except for motions concerning discovery, which are governed by Section 2.C above.

Oral argument may be requested by letter when filing motion papers.

Source text: Parties may request oral argument by letter at the time their moving or opposing or reply papers are filed. The Court will determine whether argument will be heard and, if so, will advise counsel of the argument date.

Pre-motion conference request for motion to dismiss stays existing deadlines.

Source text: If a pre-motion conference is requested in connection with a proposed motion to dismiss, the request will stay the deadline for the requesting party to move or answer, and a new deadline will be set at the conference or after the motion is decided.

Oral argument is not usually heard but may be requested by letter when filing motion papers.

Source text: The Court does not usually hear oral argument, but parties may request oral argument by letter at the time their moving or opposing or reply papers are filed. The Court will determine whether argument will be heard and, if so, will advise counsel of the date.

Oral argument may be requested by letter when filing motion papers; Court decides whether to grant.

Source text: Parties may request oral argument by letter at the time their moving, opposing or reply papers are filed. The Court will determine whether argument will be heard and, if so, will advise counsel of the date and time.

Pre-motion conference not required for non-discovery motions but may be requested by Letter-Motion.

Source text: A premotion conference is not required before a party may file a motion (other than a discovery motion). A party, however, may request a premotion conference by Letter-Motion where counsel believes that an informal conference with the Court may obviate the need for the motion or reduce the issues in dispute.

Opposition and reply papers due per Local Civil Rule 6.1 unless otherwise ordered.

Source text: Unless the Court has ordered or approved otherwise, opposition and reply papers with respect to formal motions will be due in accordance with Local Civil Rule 6.1.

Oral argument requests must be made by Letter-Motion via ECF.

Source text: Parties may request oral argument by Letter-Motion. Counsel should select the “Letter-Motion” option on ECF for filing such a request. The Court will determine whether argument will be heard and, if so, will advise counsel of the argument date and time.

Motions not requiring pre-motion conference

Source text: 3. Motions Not Requiring a Pre-Motion Conference...............................................8

Pretrial status conferences may be suggested by parties or called by Court at any time.

Source text: Pretrial status conferences may be suggested in writing by the parties or called by the Court at any time.

Oral argument is not heard in pro se matters unless ordered.

Source text: Unless otherwise ordered by the Court, oral argument will not be heard in pro se matters.

Oral argument will not be heard in pro se matters unless the Court orders otherwise.

Source text: Unless otherwise ordered by the Court, oral argument will not be heard in pro se matters.

Pre-motion submissions not required for pro se parties.

Source text: Pre-motion submissions are not required from pro se parties for any motions.

Pre-motion conferences not required for non-discovery motions

Source text: For motions other than discovery motions, pre-motion conferences are not required.

Court will discuss anticipated summary judgment motions at post-discovery pretrial conference.

Source text: The Court will review and discuss with counsel any anticipated summary-judgment motions at the post-discovery pretrial conference.

Pre-motion conferences not required except for discovery disputes.

Source text: Pre-motion conferences are not required, except for disputes concerning discovery, which are governed by Paragraph 3(D) above.

Court typically sets consolidated briefing schedule for summary judgment motions with initial motion, cross-motion, and replies.

Source text: The Court will, in most instances, set a briefing schedule with deadlines for: (1) one party to file the initial motion; (2) the other party to file a cross-motion, with a single, consolidated memorandum of law supporting the cross-motion and opposing the initial motion; (3) the first party to file a single, consolidated memorandum of law replying in support of the initial motion and opposing the cross-motion; and (4) the cross-moving party to file a reply in support of the cross-motion.

Pre-motion letters/conferences not required except for discovery disputes

Source text: Pre-motion letters and conferences are not required, except for disputes concerning discovery, which are governed by Section 4(k) of these Rules.

Pre-motion letters may request to be deemed and filed as formal motions.

Source text: The pre-motion letter may provide a detailed description of the matter to be decided and request that it to be deemed and filed as a formal motion.

Court may treat pre-motion letter as formal motion if it contains sufficient factual and legal statement.

Source text: Where the circumstances warrant and the pre-motion letter contains a sufficient factual and legal statement of the matter at issue, the Court, upon request or on its own motion, may treat such letter as constituting a motion for the relief request and direct that it be filed as such and that the parties respond and reply by letter-briefs of specified lengths.

Court schedules conference (phone or in person) after pre-motion exchange fails.

Source text: Promptly thereafter the Court will schedule a conference, by telephone or in person, to provide any appropriate preliminary guidance or rulings.

Court aims to decide expedited motions within 14 days of full submission.

Source text: The Court will endeavor to decide such motion within fourteen days of the date of full submission or of any hearing the Court holds thereon.

Final pretrial conference scheduled 2 weeks before trial; counsel must attend and be prepared for settlement discussions.

Source text: The Court will schedule a final pretrial conference approximately two weeks before trial. Counsel who will try the case must attend. In civil cases, the Court may use the occasion as an opportunity to explore the prospects of settlement. Counsel must be prepared to engage in meaningful settlement discussions.

Oral argument only if ordered by Court

Source text: Oral argument on a motion will only occur if ordered by the Court.

Multiple motion types are exempt from standard pre-motion requirements

Source text: The above requirements shall not apply to motions previously authorized by the Court, discovery motions or disputes (for which parties shall follow 5.C above), motions brought by order to show cause, motions by incarcerated pro se litigants, motions for admission pro hac vice, motions for reargument or reconsideration, motions for appointment of lead plaintiffs and counsel in class actions, motions for remand, motions for a preliminary injunction, motions brought pursuant to Local Rule 6.3, and motions described in Rule 6(b) of the Federal Rules of Civil Procedure and Rule 4(a)(4)(A) of the Federal Rules of Appellate Procedure.

Pre-motion conferences not required for specific motion types including pro se, TROs, injunctions, remand, etc.

Source text: Pre-motion conferences are not required with respect to: • Motions by incarcerated pro se litigants; • Applications for temporary restraining orders; • Applications for injunctions; • Motions to remand; • Motions for reargument; • Motions described in Federal Rules of Appellate Procedure 4(a)(4)(A); • Applications for attorney’s fees; • Motions for reduction of sentences; • Objections to a Magistrate Judge’s ruling; • Motions brought on by order to show cause; • Motions for admission pro hac vice;

Pre-motion letters don't stay deadlines except motion to dismiss stays defendant's answer deadline.

Source text: The submission of a pre-motion letter does not stay any future deadlines, except that submission of a pre-motion letter concerning a motion to dismiss will stay a defendant’s time to answer or otherwise move with respect to the Complaint.

Pre-motion submissions not required from pro se parties; response optional if adversary files.

Source text: Pre-motion submissions are not required from pro se parties. If the pro se party’s adversary files a pre-motion submission, the pro se party may, but is not required to, file a response to the pre-motion submission.

Pre-motion letters and conferences are not required unless ordered by the Court.

Source text: Absent order of the Court, neither pre-motion letters nor pre-motion conferences are required.

Court sets date for Joint Pretrial Order at Initial Pretrial Conference or Post-Discovery Status Conference.

Source text: The Court will set a date for the Joint Pretrial Order at the Initial Pretrial Conference or at the Post-Discovery Status Conference.

Nonmovant must respond within 7 days to pre-motion letter, indicating amendment plans or reasons not to amend with supporting case law.

Source text: Within seven days, the nonmovant shall respond by similar letter, indicating either that they will amend their pleading (with a proposed deadline for filing the amended pleading) or that they do not see a need to amend, citing the relevant case law that supports their position.

If nonmovant doesn't amend, Court schedules pre-motion conference to discuss issues and set briefing schedule.

Source text: Should the nonmovant choose not to amend in response to movant’s letter, the Court will then schedule a pre-motion conference to discuss the issues and potentially set a briefing schedule.

Complaint dismissed based on pre-motion letter may be dismissed with prejudice as nonmovant had chance to amend.

Source text: If a complaint is ultimately dismissed on the grounds set forth in the movant’s initial letter, it may be dismissed with prejudice as the nonmovant already had a chance to research the movant’s arguments and amend as needed.

Oral argument not permitted unless otherwise ordered.

Source text: Unless otherwise ordered, no oral argument will be heard.

Rule section on motion procedures

Source text: Motions

Rule section on motions to dismiss

Source text: Motions to Dismiss.

Pre-motion letters/conferences generally not required except for discovery and summary judgment.

Source text: Pre-motion letters or conferences are not required, except for letter-motions concerning discovery, which are governed by Rule II(A)(6), supra, and the procedure applicable to summary judgment motions, described in Rule II(B)(9), infra.

Court prefers conferences for discovery disputes in Letter-Motions.

Source text: The Court’s preference is to hold a conference with the parties to address discovery disputes raised by a Letter‐Motion.

Pre-motion conference not required for non-discovery motions unless ordered.

Source text: For motions other than discovery motions, a pre‐motion conference is not required unless otherwise ordered. A party may request a pre‐motion conference by Letter‐Motion where counsel believes that an informal conference with the Court may obviate the need for the motion or reduce the issues in dispute.

Pre-motion conferences and pre-motion letters are not required in pro se cases.

Source text: Pre-motion conferences and pre-motion letters are not required in pro se cases.

Court decides whether summary judgment motion is warranted after pre-motion letter

Source text: The Court shall inform the parties whether a motion for summary judgment is warranted and, if so, set a briefing schedule.

Pre-motion conference requirement is waived for motions in limine.

Source text: Any motions in limine shall be filed after the close of discovery and before the Final Pretrial Submission Date and the pre-motion conference requirement is waived for any such motion.

Court contacts parties for oral argument after motion is fully briefed.

Source text: The Court will contact the parties after the motion has been fully briefed regarding an oral argument date.

Pre-motion conferences not required in pro se cases.

Source text: A pre-motion conference is not required in pro se cases.

Oral argument may be requested by letter when filing motion papers.

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

Court decides whether to grant oral argument and sets date.

Source text: The Court will determine whether argument will be heard and, if so, will advise counsel of the argument date.

Oral argument not ordinarily heard on motions but encouraged for substantive motions; parties may request by letter when filing motion papers.

Source text: The Court does not ordinarily hear oral argument on motions; however, oral argument is encouraged on substantive motions, and the parties may request oral argument by letter at the time moving, opposing, or reply papers are filed. The Court will determine whether oral argument will be heard and, if so, will notify counsel of the date and time.

Pre-motion letter for pre-answer motion to dismiss stays answer obligation until conference.

Source text: A party’s submission of a pre-motion letter seeking leave to file a pre-answer motion to dismiss will stay that party’s obligation to answer or move against the complaint through the date of the pre-motion conference.

Court responds to pre-motion letter within 3 business days indicating whether conference will be scheduled.

Source text: The Court will respond to the pre-motion letter (indicating whether a pre-motion conference will be scheduled) within three business days of receiving the pre-motion letter.

Most motions are resolved on submission; oral argument may be requested at pre-motion conference.

Source text: Most motions are resolved 'on submission.' Parties may request oral argument at a pre-motion conference.

Oral argument may be requested by filing letter on ECF when filing moving, opposing, or reply papers

Source text: Parties may request oral argument at the time they file their moving, opposing, or reply papers. They may do so by filing on ECF a letter specifically requesting oral argument.

Court may set hearing date for default judgment.

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.

Initial Rule 16 conference scheduled for Friday morning ~6 weeks after Complaint filing.

Source text: The Court will generally schedule a Federal Rule of Civil Procedure 16 conference on a Friday morning approximately six weeks from the filing of the Complaint.

Parties must be prepared to discuss pending/anticipated motions and subject matter jurisdiction at initial pretrial conference.

Source text: All parties should be prepared to discuss at the initial pretrial conference any pending or anticipated motions as well as the basis for subject matter jurisdiction.

Court determines whether to grant oral argument and notifies counsel of date.

Source text: The Court will determine whether argument will be heard and, if so, will advise counsel of the argument date.

Pre-motion conference not required for substantive motions other than discovery and summary judgment.

Source text: A pre-motion conference is not required for other substantive motions.

Prior motion to dismiss terminated as moot if new motion to dismiss is filed.

Source text: If the moving party files a new motion to dismiss, the Court will terminate the prior motion to dismiss as moot.

Oral argument may be requested by letter when filing motion papers.

Source text: Parties may request oral argument by letter at the time their motion papers are filed. The Court will determine whether argument will be heard and, if so, will advise counsel of the argument date and time.

Pre-motion conference not required for non-discovery motions but may be requested by letter.

Source text: For motions other than discovery motions, a pre-motion conference is not required. A party may request a pre-motion conference by letter motion where counsel believes that an informal conference with the Court may obviate the need for the motion or limit the scope of issues in dispute.

Opposition and reply papers for non-discovery motions due per Local Civil Rule 6.1.

Source text: Unless the Court has ordered otherwise, opposition and reply papers for formal (non-discovery) motions are due in accordance with Local Civil Rule 6.1.

Pre-motion conferences are optional for non-discovery motions; may be requested by letter motion.

Source text: For motions other than discovery motions, a pre-motion conference is not required. A party may request a pre-motion conference by letter motion where counsel believes that an informal conference with the Court may obviate the need for the motion or limit the scope of issues in dispute.

Patent cases require status conference; continue discovery under existing order until conference.

Source text: Judge McMahon has procedures for handling patent cases that differ from her procedure in other cases. If your case is a patent case, you will be called in for a status conference. If you are presently engaged in discovery pursuant to a Scheduling Order entered by Judge Casey, please continue with discovery until your conference can be held.

IDEA/ERISA cases use summary judgment on administrative record instead of discovery schedule.

Source text: Instead of entering to a scheduling order that provides for discovery, either counsel should agree on a schedule for making cross-motions for summary judgment on the administrative record and submit that schedule to the Court, or the court will impose such a briefing schedule at a status conference.

PSLRA cases require conference and schedule in accordance with statute.

Source text: Judge McMahon will conference your case and set a schedule in keeping with the statute.

Pro se cases must follow existing scheduling order; Magistrate Judge has authority.

Source text: If there is a scheduling order in place, please adhere to that scheduling order. The Magistrate Judge has authority in cases in which any party is pro se to

If no scheduling order exists in pro se cases, Judge will conference and refer to Magistrate for discovery.

Source text: If there is no scheduling order in place, Judge McMahon will conference your case, set a scheduling order and issue an order of reference to the Magistrate Judge for discovery supervision.

Initial pretrial conferences are automatically scheduled by phone unless parties request in-person.

Source text: When a civil case is assigned to Judge McMahon, Chambers will automatically schedule an initial pretrial conference pursuant to Federal Rule of Civil Procedure 16. These conferences will be held by phone unless the parties specifically request one in person.

Court may hold or adjourn initial conference to discuss pending motion that is not fully briefed.

Source text: If a motion has been filed but is not fully briefed, the Court may choose to hold the conference to discuss the motion, or to adjourn the conference until the motion is fully briefed.

Decision on fully-briefed motion may be announced at conference, or case management plan entered pending resolution.

Source text: A decision on a fully-briefed motion may be announced at the conference, or a case management plan may be entered pending resolution of the motion.

Patent cases require discussion of ownership and chain of title if patent holder is not inventor.

Source text: Counsel should be prepared to discuss all preliminary issues including, if the patent holder is not the inventor, the nature of plaintiff’s ownership and the chain of title.

FLSA cases: discuss merits and conditional certification at Rule 16 conference.

Source text: They should instead come to the conference prepared to discuss both the merits and conditional certification. Most of the time, the filing of an FLSA complaint will be deemed a motion for conditional certification of the class denominated in the pleading.

Pre-motion conferences are not required for substantive motions.

Source text: Judge McMahon does not require pre-motion conferences for substantive motions. Do not send letters asking for permission to make a motion. Just make the motion.

Motions for reconsideration are reviewed by Judge McMahon who decides if response is needed; opposing party only responds if directed.

Source text: Motions for reconsideration are to be served in the same manner as other motions. However, Judge McMahon reviews motions for reconsideration when they arrive, and decides whether a response is required or whether a motion can be denied sua sponte. The opposing party need not serve any responsive papers (including letters) unless specifically directed to do so by Judge McMahon.

Date calculations follow FRCP 6 for civil matters and FRCrP 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.

Rule 26(f) conference must occur at least one week before Initial Case Management Conference.

Source text: In accordance with Federal Rule of Civil Procedure 26(f) and Judge Tarnofsky’s Individual Rules, the parties met on _ (at least one week before the Initial Case Management Conference) and are exchanging communications thereafter.

Oral argument may be requested via letter after motion is fully briefed, per Section I(A) procedures.

Source text: Parties may request oral argument when the motion has been fully briefed. This request should be made by letter in accordance with the procedures set forth in Section I(A) above.

Must respond to conference requests within one business day unless emergency.

Source text: A party must respond within one business day to any request from another party to confer unless an emergency prevents such a response.

If conference doesn't resolve dispute, moving party must confirm impasse with opposing party.

Source text: If the conference with the relevant parties has not resolved the dispute, the moving party must confirm this fact with the opposing party and must inform the opposing party during the conference that as a result of the impasse the moving party intends to seek relief from the Court regarding the dispute.

After impasse, moving party must promptly request conference with court.

Source text: The moving party must thereafter promptly request a conference with the Court.

Conference request letter limited to 5 pages, setting forth dispute basis and need for motion.

Source text: To request a conference with the Court, the moving party shall submit a letter (normally not more than five pages) setting forth the basis of the dispute and the need for the anticipated motion.

Requirements cannot be satisfied by attaching party communications.

Source text: None of these requirements may be satisfied by attaching copies of communications between the parties and it is usually unhelpful to attach such communications.

Opposing party must respond to conference request letter as soon as practicable.

Source text: The party opposing the requested relief must submit a letter to the Court in response as soon as practicable and in any event within

Pre-conference phone call scheduled approximately one week before conference.

Source text: The Court will schedule a pre-conference phone call between the Court and Counsel for the Parties approximately a week before the settlement conference.

After failed discovery conference, request Court conference under Local Rule 37.2.

Source text: The moving party must thereafter promptly request a conference with the Court pursuant to Local Civil Rule 37.2.

Briefing schedule defaults to Local Civil Rule 6.1 when no court order exists.

Source text: In all other instances, the briefing schedule will instead be in accordance with Local Civil Rule 6.1.

Initial Rule 16 conference scheduled within one month of Answer filing.

Source text: The Court will generally schedule a Federal Rule of Civil Procedure 16 conference to take place within one month of the filing of an Answer to the Complaint.

Pre-motion conferences are not required in civil cases.

Source text: Pre-motion conferences are not required.

Oral argument may be requested by letter when filing motion papers.

Source text: Parties may request oral argument by letter at the time their moving or opposing or reply papers are filed. The Court will determine whether argument will be heard and, if so, will advise counsel of the argument date.

Parties encouraged to agree on briefing schedule before filing formal motions.

Source text: The parties are strongly encouraged to agree on a reasonable briefing schedule before the moving papers are filed.

Briefing schedule follows Local Civil Rule 6.1 unless otherwise ordered; joint letter-motion required for agreed schedules.

Source text: Unless the Court has ordered otherwise, opposition and reply papers for formal (non-discovery) motions are due in accordance with Local Civil Rule 6.1. The parties are strongly encouraged to agree on a reasonable briefing schedule before the moving papers are filed. If the parties have agreed to such a schedule, they must submit a joint letter-motion that sets forth the proposed briefing schedule.

Summary judgment motions may be filed directly (28 days after discovery closes)

Source text: Any summary judgment motion shall be filed, without a pre-motion letter, by______________________ (generally 28 days after the close of discovery)

Pre-motion conference not required except for discovery motions with formal briefing

Source text: A pre-motion conference is not required before a party may file a motion (other than a discovery motion with formal briefing). A party may, however, request a pre-motion conference by letter motion where counsel believes that an informal conference with the Court may obviate the need for the motion or narrow the issues in dispute.