Southern District of New York Pre-Motion Conference Requirements

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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

CRITICALCivil cases

Pre-motion letter required for summary judgment motions

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

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.

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.

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

Motions require pre-motion conference except motions in limine.

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICAL

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

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.

CRITICAL

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

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

CRITICAL

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

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;

CRITICAL

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

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

CRITICAL

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.

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.

CRITICAL

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

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

CRITICAL

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

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;

CRITICAL

Discovery motions require an informal conference request before filing.

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.

CRITICAL

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

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.

CRITICAL

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

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.

CRITICAL

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.

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

Only one summary judgment motion allowed without prior Court approval.

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

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.

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. C. 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. D. 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,

CRITICALCivil cases

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

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.

CRITICALCivil cases

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.

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.

CRITICAL

Opposition papers must be filed within 30 days; reply papers within 2 weeks.

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.

CRITICAL

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

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.

CRITICAL

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

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.

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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

CRITICAL

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

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

CRITICAL

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

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.

CRITICAL

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

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.

CRITICAL

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

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.

CRITICAL

Before filing a discovery motion, the moving party must request an informal conference with the Court under Local Civil Rule 37.2.

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.

CRITICAL

Parties must strictly comply with Rule 37(a)(1)'s meet-and-confer requirement for discovery motions.

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

CRITICAL

A pre-motion conference is required before other motions, subject to the listed motion and briefing-schedule exceptions.

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.

CRITICAL

To arrange a required pre-motion conference, the moving party must submit a letter of no more than three pages stating the basis for the anticipated motion.

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.

CRITICAL

The opposing party must submit a position letter of no more than three pages at least one week before the conference, unless the Court has set a different letter schedule.

The Court will then set the date for the pre- motion conference, and 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 – unless the Court has already set a schedule for pre-motion letters, in which case that schedule should be followed.

CRITICAL

A pre-motion conference request concerning a proposed motion to dismiss stays the requesting party's deadline to move or answer until a new deadline is set.

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.

CRITICAL

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

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

CRITICAL

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

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.

CRITICAL

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.

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.

CRITICAL

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

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.

CRITICAL

Discovery motions require informal conference with Court before filing.

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.

CRITICAL

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

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.

CRITICAL

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

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

CRITICAL

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

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.

CRITICAL

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

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.

CRITICAL

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.

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.

CRITICAL

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

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.

CRITICAL

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.

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.

CRITICAL

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

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

CRITICAL

30 days to file brief after plaintiff deposition for qualified immunity motion.

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.

CRITICAL

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.

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.

CRITICAL

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

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.

CRITICAL

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

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.

CRITICAL

Pre-Motion Conferences in Civil Cases

Pre-Motion Conferences in Civil Cases

CRITICAL

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.

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.

CRITICAL

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

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.

CRITICAL

In limine motions require separate notice of motion and brief, omnibus motions prohibited, responses individual, no replies allowed.

Every application for a ruling must be filed with a separate notice of motion, together with a brief of no more than five pages and a supporting affidavit that attaches a copy of any relevant testimony or exhibits. Please do not file a single omnibus motion seeking multiple rulings. Responses to in limine motions are also to be filed individually and must be no more than five pages. No replies are accepted on in limine motions.

CRITICAL

File a letter via ECF to Chambers for order of reference to Magistrate Judge upon first discovery dispute; thereafter direct all disputes to Magistrate Judge.

When the first discovery dispute arises, file a letter to Chambers via ECF and ask for an order of reference to the Magistrate Judge. Thereafter, take all discovery disputes directly to the Magistrate Judge.

CRITICAL

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

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.

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

Only one summary judgment motion permitted without prior Court approval.

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

CRITICALCivil cases

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

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

CRITICAL

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

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.

CRITICAL

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

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.

CRITICAL

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

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.

CRITICAL

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

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.

CRITICAL

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

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.

CRITICAL

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

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.

CRITICALCivil cases

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

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.

CRITICALProposed or draft document; may not be in force

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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.

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.

CRITICALCivil cases

Motions for summary judgment require a written pre-motion conference request within one week after the close of discovery, or the motion is deemed untimely.

Pursuant to the authority of Fed. R. Civ. P. 16(c)(2) and the Court's Individual Rule 2(E), any motion for summary judgment will be deemed untimely unless a request for a pre-motion conference relating thereto is made in writing within one week after the close of discovery. The parties should review the Court's Individual Rule 2(E) for further details on the submission of, and responses to, pre-motion letters. In cases where the Court sets a post-discovery status conference, the parties may request that the previously scheduled conference also serve as the pre-motion conference.

CRITICALCivil cases

Sur-reply memoranda require prior Court permission

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

CRITICALCivil cases

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.

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.

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCriminal cases

Defense counsel subject to a conflict from a benefactor payment must inform the Court and request a Curcio hearing at the first conference.

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

CRITICALCriminal cases

The defendant, replacement counsel, and the Assistant United States Attorney must attend the conference concerning substituted counsel and counsel’s application to be relieved.

When there is a substitution of defense counsel, counsel of record must contact the Courtroom Deputy to schedule a conference as soon as possible. At the conference, the Court will address the application by defense counsel to be relieved. The defendant, replacement counsel, and the Assistant United States Attorney must also attend the conference.

CRITICALCivil cases

An opposing party that wishes to respond must file its letter within two business days, unless the Court orders otherwise; no reply letter is permitted.

If the opposing party wishes to respond, it must do so in a letter not to exceed four pages (single spaced, with standard font and margins, inclusive of the signature block) within two business days, unless otherwise ordered by the Court. Reply letters are not permitted.

CRITICALCivil cases

When failure to answer is the basis for default, the party must first seek a Clerk’s Certificate of Default under Local Civil Rule 55.1.

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.

CRITICALCivil cases

A party must confer with its adversary before applying for a temporary restraining order unless Rule 65(b)’s requirements are met.

A party must confer with their adversary before making an application for a temporary restraining order unless the requirements of Federal Rule of Civil Procedure 65(b) are met.

CRITICALCivil cases

As soon as a party decides to seek a TRO, it must file an ECF letter stating whether the adversary was notified and consents or Rule 65(b) is satisfied; an ex parte letter must be filed under seal.

As soon as a party decides to seek a temporary restraining order, that party must file a letter on ECF (under seal if proceeding ex parte) and state clearly whether: (1) it has notified its adversary and whether the adversary consents to temporary injunctive relief; or (2) the requirements of Federal Rule of Civil Procedure 65(b) are satisfied and no notice is necessary.

CRITICALCivil cases

If the notified adversary does not consent to temporary injunctive relief, the application must be filed at a time mutually agreeable to both parties.

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

CRITICALCivil cases

A plaintiff seeking default judgment must proceed by motion under Attachment A’s procedure.

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

CRITICALCivil cases

The opposing party must make itself available for a good-faith conference within three business days after a request.

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 three business days of a request for a conference.

CRITICALCivil cases

A party wishing to file a motion in limine must first confer in good faith with the opposing party to try to resolve the dispute.

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.

CRITICALCivil cases

Opposition papers to motions in limine are due in two weeks.

Any opposition papers will be due in two weeks.

CRITICALCivil cases

If meet-and-confer does not resolve a discovery dispute, the moving party must promptly file an ECF letter-motion of no more than four pages explaining the dispute and requested relief.

If the meet-and-confer process does not resolve the dispute, the party seeking discovery must promptly submit a letter-motion to the Court via ECF, no longer than four pages (single spaced, with standard font and margins, inclusive of the signature block), explaining the nature of the dispute and why the party is entitled to relief.

CRITICALCivil cases

Before bringing a motion under Rules 26–37 or Rule 45, a party must follow the specified discovery-dispute procedures.

Prior to bringing a motion pursuant to Rules 26 through 37 or Rule 45 of the Federal Rules of Civil Procedure, a party must follow the procedures set forth below.

CRITICAL

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

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.

CRITICAL

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.

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.

CRITICALCivil cases

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

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.

CRITICAL

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

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.

CRITICALCivil cases

Before seeking court help with a discovery dispute, parties must confer orally or virtually in good faith; if unsuccessful, the requesting party must promptly file a letter-motion requesting an informal conference, and any opposition is due within three business days.

In the case of discovery disputes, the parties should 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, virtually, or by telephone—in an effort to resolve the dispute. Conferring in writing does not satisfy this requirement. If this process fails, the party shall, in accordance with the Court’s Individual Rules, promptly file a letter-motion, no longer than six double-spaced pages, explaining the nature of the dispute and requesting an informal conference. Such a letter-motion must include a representation that the parties engaged in a good faith meet-and-confer process that proved unsuccessful. Any opposition to a letter-motion seeking relief shall be filed as a letter, not to exceed six double-spaced pages, within three business days.

CRITICAL

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

Parties must confer in good faith with the opposing party before raising a discovery dispute; the Court will not consider disputes without this conference.

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.

CRITICALCivil cases

To move for summary judgment or exclude expert testimony, a party must file a pre-motion letter (max 3 pages) on ECF no later than three weeks before the post-discovery pretrial conference; other parties respond two weeks before the conference.

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. To so request, the moving party must file a letter on ECF, not to exceed three pages in length, setting forth the basis for the anticipated motion, including the legal standards governing the claims at issue. Other parties must respond two weeks before the conference.

CRITICALCivil cases

A party must confer with its adversary before applying for a temporary restraining order unless FRCP 65(b) requirements are met.

A party must confer with his or her adversary before making an application for a temporary restraining order unless the requirements of Federal Rule of Civil Procedure 65(b) are met.

CRITICALCivil cases

Parties must meet and confer in good faith before filing a motion in limine, and the motion must state the conference occurred and was unsuccessful.

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. Any motion in limine must include a representation that the meet-and-confer process occurred and was unsuccessful;

CRITICAL

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.

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.

CRITICAL

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.

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.

CRITICAL

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

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

CRITICAL

Extensions/adjournments require letter-motion, not proposed stipulations

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

CRITICAL

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

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.

CRITICAL

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCriminal cases

Must include

conference certification

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

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.

CRITICALCivil cases

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

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;

CRITICAL

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

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.

CRITICALCivil cases

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

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.

CRITICAL

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.

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.

CRITICAL

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

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.

CRITICAL

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCriminal cases

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

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.

CRITICALCriminal cases

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

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.

CRITICALCriminal cases

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

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.

CRITICAL

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.

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.

CRITICAL

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

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.

CRITICAL

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

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.

CRITICAL

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.

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.

CRITICAL

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

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.

CRITICAL

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

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.

CRITICALCivil cases

Before raising a discovery dispute with the Court, a party must follow Local Civil Rule 37.2 (as modified by the Case Management Plan) and first confer in good faith.

In the case of discovery disputes, parties should follow Local Civil Rule 37.2 with the following modifications. Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the

CRITICALCivil cases

Before filing a summary judgment motion, the moving party must file a pre-motion submission pursuant to Section 4(A) of the Court's Individual Rules.

Absent good cause, the Court will not ordinarily have summary judgment practice in a non-jury case. Before filing a summary judgment motion, the moving party must file a pre-motion submission pursuant to Section 4(A) of the Court's Individual Rules.

CRITICALCivil cases

An opposing party that wishes to respond must submit a responsive letter of no more than three pages within three business days after receiving the request.

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.

CRITICALCivil cases

The parties must meet and confer on an expert-discovery schedule no later than 30 days before fact discovery closes; the party bearing the burden of proof must serve expert reports first, and expert discovery must finish by the date in paragraph 6(f).

No later than 30 days prior to the date in paragraph 6(e) (i.e., the completion of all fact discovery), the parties shall meet and confer on a schedule for expert disclosures, including reports, production of underlying documents, and depositions, provided that (i) expert report(s) of the party with the burden of proof shall be due before those of the opposing party’s expert(s); and (ii) all expert discovery shall be completed by the date set forth in paragraph 6(f).

CRITICALCivil cases

A 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.

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

CRITICALCivil cases

After an unsuccessful meet-and-confer, a party may request an informal conference by submitting a letter of no more than three pages that explains the dispute and represents that the meet-and-confer was unsuccessful.

If this meet-and-confer process does not resolve the dispute, the party may submit a letter to the Court, no longer than three pages, 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 and was unsuccessful.

CRITICALCivil cases

Before filing a summary judgment motion, the moving party must file the pre-motion submission required by Section 4(A) within 30 days after the later close of fact or expert discovery.

Before filing a summary judgment motion, the moving party must file a pre-motion submission pursuant to Section 4(A) of the Court’s Individual Rules. The submission shall be filed within 30 days of the close of fact or expert discovery, whichever comes later.

CRITICALCivil cases

Daubert motions must be filed within 30 days after the later close of fact or expert discovery; absent a contrary court order, opposition is due two weeks after service of the motion and any reply is due one week after service of the opposition.

any motion to exclude the 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, is to be filed within 30 days of the close of fact or expert discovery, whichever is later. Unless otherwise ordered by the Court, opposition to any such motion is to be filed two weeks after the motion is served on the opposing party, and a reply, if any, is to be filed one week after service of any opposition.

CRITICAL

Discovery motions must follow Local Civil Rule 37.2.

For discovery motions, follow Local Civil Rule 37.2.

CRITICAL

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

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.

CRITICAL

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

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.

CRITICAL

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

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.

CRITICAL

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

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.

CRITICAL

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

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.

CRITICALCivil cases

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

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.

CRITICAL

To arrange a pre-motion conference, the moving party must submit a letter of no more than three pages stating the basis for the anticipated motion.

To arrange a pre-motion conference, the moving party shall submit a letter not to exceed three (3) pages in length setting forth the basis for the anticipated motion.

CRITICAL

Before raising a discovery dispute with the Court, a party must confer in good faith with the opposing party in person or by telephone to try to resolve it.

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.

CRITICAL

If a good-faith meet-and-confer does not resolve a civil discovery dispute, the party may file an ECF letter-motion of no more than three pages explaining the dispute and requesting an informal conference.

If this meet- and-confer process does not resolve the dispute, the party may file on ECF a letter- motion to the Court, no longer than three (3) pages, explaining the nature of the dispute and requesting an informal conference.

CRITICAL

At the first conference, defense counsel in a criminal case must ask the Court to hold a Curcio hearing if a benefactor payment subjects counsel to a potential conflict.

Defense counsel, in all criminal cases, are required to ask the Court, at the first conference, to hold a Curcio hearing whenever counsel has received, or is receiving, a benefactor payment that subjects counsel to a potential conflict of interest.

CRITICAL

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.

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.

CRITICAL

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

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.

CRITICAL

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

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.

CRITICAL

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

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.

CRITICAL

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

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.

CRITICAL

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

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

CRITICAL

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

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.

CRITICAL

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

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.

CRITICAL

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

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.

CRITICAL

Pre-motion conference generally required

1. Pre-Motion Conference Generally Required .......................................................8

CRITICAL

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

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.

CRITICAL

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

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.

CRITICAL

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

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.

CRITICAL

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.

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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

CRITICALCivil cases

Pre-motion conference required before filing summary judgment motions.

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.

CRITICALCivil cases

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

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.

CRITICAL

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

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.

CRITICAL

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.

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.

CRITICAL

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

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.

CRITICAL

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

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.

CRITICAL

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

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.

CRITICAL

TRO procedures differ based on notice requirements.

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.

CRITICAL

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

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.

CRITICAL

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

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

CRITICAL

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

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.

CRITICAL

Pre-Motion Letters and Conferences. ............................................................................. 9

Pre-Motion Letters and Conferences. ............................................................................. 9

CRITICAL

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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.

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICAL

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.

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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.

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.

CRITICAL

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

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.

CRITICALCriminal cases

Substitution of counsel requires conference with Deputy Clerk.

When there is a substitution of Defense Counsel, counsel of record must contact the Deputy Clerk to schedule a conference. At the conference,

CRITICAL

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

Requesting a pre-motion conference for a proposed motion to dismiss stays the requesting party's deadline to move or answer, and the Court sets a new deadline.

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 by the Court.

CRITICALCivil cases

Moving parties must confer with their adversary before applying for a temporary restraining order unless Rule 65(b)(1)(B) applies.

All moving parties must confer with their adversary before making an application for a temporary restraining order, unless the requirements of Rule 65(b)(1)(B) are met.

CRITICALCivil cases

A pre-motion conference is required before any motion (except pro hac vice, in limine, and TRO motions), arranged by a moving party letter of no more than three pages setting forth the basis for the anticipated motion.

A pre-motion conference with the Court is required before making any other motion, except motions for admission pro hac vice, motions in limine, and motions for temporary restraining orders. 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.

CRITICALCivil cases

Response to pre-motion letter due within 4 business days

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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;

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;

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

Motions require pre-motion conference except motions in limine.

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 premotion conference on the schedule set forth in paragraph 11.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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

CRITICAL

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

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

CRITICAL

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

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).

CRITICAL

Pre-motion letter limited to 3 pages before motions.

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

CRITICAL

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

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

CRITICAL

Unless the Court orders otherwise, opposing papers are due within four weeks after service of the motion papers, and any reply is due within two weeks after receipt of opposition papers.

Unless otherwise ordered by the Court, opposing papers 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.

CRITICAL

Parties must confer to try to resolve discovery disputes before seeking court intervention.

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.

CRITICALCivil cases

A written request for a pre-motion conference on summary judgment must be made within 14 days after the close of fact discovery, before the motion is filed.

All motions and applications shall be governed by the Court’s Individual Rules and Practices, including the requirement of a pre-motion conference before a motion for summary judgment is filed. 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 within fourteen (14) days of the date in paragraph 5, i.e., the close of fact discovery.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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.

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.

CRITICALCivil cases

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.

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.

CRITICALCivil cases

Reply letters are not invited.

Reply letters are not invited.

CRITICALCivil cases

Response to discovery dispute letter due within 3 business days.

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.

CRITICALCivil cases

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.

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.]

CRITICALCivil cases

Pre-motion conference request letter limited to 5 pages.

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

CRITICALCivil cases

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

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

CRITICALCivil cases

Pre-motion conferences required for specific motion types.

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.

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

Order to Show Cause requires conference with parties before signing.

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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;

CRITICALCivil cases

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.

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.

CRITICALCivil cases

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.

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.

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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;

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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).

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICAL

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

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.

CRITICAL

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

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.

CRITICALCourt noticeNotice of rule changes; check the effective date before relying on it

Letter-motions are permitted for extensions, adjournments, pre-motion conferences, and nondispositive matters; other motions require judicial authorization.

Applications for extensions or adjournments, applications for a premotion conference, and similar nondispositive matters may be brought by letter-motion. Other motions cannot be brought by letter-motion unless authorized by the judge’s individual practices or order issued in a particular case.

CRITICALCourt noticeNotice of rule changes; check the effective date before relying on it

Discovery motions (Fed. R. Civ. P. 26-37, 45) require a pre-motion letter-motion for an informal conference before being heard, unless the presiding judge's individual practices dictate otherwise.

Unless the individual practices of the judge presiding over discovery require a different procedure, no motion under Fed. R. Civ. P. 26 through 37 inclusive and Fed. R. Civ. P. 45 will be heard unless counsel for the moving partymovant has first requested an informal conference with the court by letter-motion for a premotion discovery conference and that request has either been denied or the discovery dispute has not been resolved as a consequence of the conference.

CRITICALCivil cases

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.

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.

CRITICALCivil cases

Default judgments must be sought by motion following Attachment A procedure

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

Pre-motion teleconference required before filing Motion to Strike

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICAL

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

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.

CRITICAL

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

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.

CRITICAL

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

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

CRITICAL

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.

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.

CRITICAL

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

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.

CRITICAL

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

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.

CRITICAL

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

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.

CRITICAL

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

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

CRITICAL

Discovery motions require an informal pre-filing conference per Local Civil Rule 37.2 and strict adherence to Fed. R. Civ. P. 37(a)(1) meet-and-confer requirements.

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. The parties should be prepared to describe the time, place, and duration of the meeting, and to identify the counsel involved.

CRITICAL

Pre-motion conference required for summary judgment motions; moving party files 3-page ECF letter-motion, opposing party files 3-page response within 7 business days.

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. Unless otherwise ordered by the Court, within 7 business days, the opposing party shall file a letter response on ECF, also not to exceed 3 pages, setting forth its position.

CRITICAL

Default judgments must be obtained via order to show cause, following the attached Default Judgment Procedure.

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

CRITICAL

Sur-reply memoranda are not accepted unless prior permission is granted by the Court.

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

Pre-motion conference required before filing summary judgment motions.

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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.

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.

CRITICAL

Discovery motions require pre-motion conference with Court.

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.

CRITICAL

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

Conference request letter must certify that required conference took place.

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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

CRITICALCivil cases

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.

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.

CRITICALCivil cases

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.

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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.

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.

CRITICALCivil cases

Sur-replies require prior court permission.

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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.”

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.”

CRITICALCivil cases

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

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.

CRITICALCivil cases

Pre-motion conferences required except for specific motion types.

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.

CRITICALCivil cases

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.

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.

CRITICALCivil cases

Sur-replies require prior court permission.

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

Responses to pretrial memorandum due within one week.

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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.

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.

CRITICALCivil cases

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

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.

CRITICAL

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

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

CRITICAL

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

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.

CRITICAL

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

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.

CRITICAL

The Parties themselves should not attend the call.

The Parties themselves should not attend the call.

CRITICAL

Pre-motion letters proposing a briefing schedule are required for motions returnable before or referred to Judge Willis, except for pro hac vice, pro se incarcerated litigant, reconsideration/reargument, new trial, in limine, Fed. R. App. P. 4(a)(4)(A), recusal, habeas, order to show cause, and Rule 12(b)(6) motions filed in lieu of an Answer.

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.

CRITICAL

Sur-reply memoranda will not be accepted unless the party first obtains permission of the Court.

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

CRITICAL

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.

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.

CRITICAL

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.

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.

CRITICAL

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

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.

CRITICAL

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

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.

CRITICAL

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

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.

CRITICAL

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

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.

CRITICAL

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

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.

CRITICALCivil cases

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.

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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.”

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.”

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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

CRITICALCivil cases

Sur-replies require prior Court permission.

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

Responsive letters to discovery motions due within 3 business days.

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICAL

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

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.

CRITICAL

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.”

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.”

CRITICAL

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

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.

CRITICAL

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

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

CRITICAL

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

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.

CRITICAL

Summary judgment motions against pro se litigants must comply with Local Civil Rule 56.2 notice requirements.

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.

CRITICAL

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.

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.

CRITICAL

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

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

CRITICAL

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

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.

CRITICALCivil cases

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)

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)

CRITICALCivil cases

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

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.

CRITICAL

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

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.

CRITICAL

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

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.

CRITICAL

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.

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.

CRITICAL

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

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

CRITICAL

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

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

CRITICAL

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

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.

CRITICAL

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

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.

CRITICAL

In cases other than pro se cases, parties must meet and confer on a discovery plan before the Initial Case Management Conference.

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

CRITICAL

If the meet-and-confer process does not resolve a discovery dispute, the moving party must request a discovery conference by Letter-Motion.

If the meet-and-confer process does not resolve the discovery dispute, the moving party must request a discovery conference with the Court, by Letter-Motion, as required by Local Civil Rule 37.2.

CRITICAL

A moving party, including a non-party seeking relief, must first confer in good faith with any adverse party before the Court will hear a discovery dispute.

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.

CRITICALCivil cases

A party intending to file a summary judgment motion must first file a pre-motion letter of no more than three single-spaced pages stating the basis for the anticipated motion, within 14 days after discovery is complete.

Within 14 days after the completion of all discovery, any party wishing to file a summary judgment motion shall file a pre-motion letter (not a letter-motion) no longer than three (3) single-spaced pages in length, setting forth the basis for the anticipated motion.

CRITICALCivil cases

The response to the moving party’s letter must be no more than three single-spaced pages and submitted within five business days, unless the parties agree otherwise and inform the Court by letter of the agreed response date.

(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).

CRITICALCivil cases

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

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).

CRITICALCivil cases

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

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.

CRITICAL

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

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.

CRITICAL

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

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

CRITICAL

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

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.

CRITICAL

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

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

CRITICAL

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

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

CRITICAL

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

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.

CRITICAL

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.

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.

CRITICAL

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

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.

CRITICAL

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

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.

CRITICAL

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

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

CRITICAL

Pre-motion letter limited to 3 pages.

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.

CRITICAL

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

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.

CRITICAL

Parties must confer before filing joint discovery dispute letter.

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.

CRITICAL

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.

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.

CRITICAL

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

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.

CRITICAL

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.

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.

CRITICAL

Separate or successive discovery dispute letters will not be read.

Separate and successive letters will not be read.

CRITICAL

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

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.

WARNINGCivil cases

Cross-motions are prohibited.

There shall be no cross-motions.

WARNINGCivil cases

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

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.

WARNING

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

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.

WARNING

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

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.

WARNING

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

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.

WARNING

Sur-replies require prior permission from the Court

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

WARNINGCivil cases

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

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.

WARNING

With respect to any deposition

With respect to any deposition

WARNINGCivil cases

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.

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.

WARNING

For discovery-motion meet-and-confers, parties should be prepared to state the meeting's time, place, and duration and identify participating counsel.

The parties should be prepared to describe the time, place and duration of the meeting, and to identify the counsel involved.

WARNING

A party need not comply with the pre-motion conference requirement if it reasonably believes delay might cause loss of a right.

A party need not comply with the pre-motion conference requirement where it reasonably believes that delay in filing might result in the loss of a right.

WARNING

Oral argument is not usually held, but parties may request it by letter when filing moving, opposing, or reply papers.

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.

WARNING

When invoking the loss-of-right exception, the party should file a letter with the motion explaining the anticipated prejudice from compliance.

In that event, the party should file, along with the motion, a letter explaining why the party believes it might be prejudiced if it complied with the pre-motion conference requirement.

WARNING

Discovery Disputes

Discovery Disputes

WARNING

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

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.

WARNING

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.

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.

WARNING

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

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

WARNING

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

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.

WARNING

Discovery motions must follow Local Civil Rule 37.2.

For discovery motions, follow Local Civil Rule 37.2.

WARNING

Sur-reply memoranda may be filed only with prior Court permission.

Sur-reply memoranda will not be accepted without prior permission of this Court.

WARNINGProposed or draft document; may not be in force

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

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.

WARNINGCivil cases

Oral argument not routine; request by marking cover page

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.

WARNINGCivil cases

Additional oral argument request requires letter, not letter-motion

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.

WARNINGCivil cases

Surreply memoranda are prohibited unless specifically permitted in an extraordinary situation for good cause.

Surreply memoranda are not allowed (unless specifically permitted in extraordinary situations for good cause).

WARNINGCivil cases

Pre-motion conferences are generally not required, except for discovery disputes governed by Section 6.

Pre-motion conferences are not required, except for disputes concerning discovery, which are governed by Section 6 below.

WARNINGCivil cases

For a discovery-stay request based on a contemplated or pending dispositive motion at the initial pretrial conference, the letter-motion should be filed no later than two weeks before the conference, the opposition should be filed one week after the letter-motion, and no reply is permitted.

Moreover, if the grounds for the requested stay of discovery is the filing of a dispositive motion that is either contemplated or pending at the time the Court holds the initial pretrial conference, the motion for a stay of discovery should be filed no later than two weeks prior to the date of the conference. The opposition to such a motion should be filed one week after the letter-motion is filed. No reply will be permitted.

WARNINGCivil cases

Within one week after fact discovery closes, counsel must meet for at least one hour to discuss settlement.

No later than one week after the close of fact discovery, counsel for all parties must meet for at least one hour to discuss settlement.

WARNINGCivil cases

When a party fails to respond to a claim, the claimant should promptly seek default judgment if appropriate.

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

WARNINGCivil cases

A party seeking default judgment should not proceed by order to show cause.

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

WARNINGCivil cases

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.

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.

WARNINGCivil cases

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

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.

WARNINGCivil cases

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.

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.

WARNING

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

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.

WARNING

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.

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.

WARNINGCivil cases

Depositions may not be held until all parties have responded to initial document-production requests unless the parties agree or the Court orders otherwise.

Absent an agreement between the parties or an order from the Court, depositions are not to be held until all parties have responded to initial requests for document production.

WARNINGCivil cases

Non-party depositions must follow initial party depositions unless the parties agree or the Court orders otherwise.

Absent an agreement between the parties or an order from the Court, non-party depositions shall follow initial party depositions.

WARNING

For non-discovery motions, litigants are asked as a courtesy to seek a pre-motion conference, except for the listed motions and circumstances.

For motions other than discovery motions, the Court requests, as a courtesy to the Court, that a litigant seek a pre-motion conference with the Court before making any motion, except: motions that are required by the Federal Rules of Appellate Procedure to be made by a certain time; and Temporary Restraining Orders, injunctions, motions in lieu of Answer, motions to remand, motions for re-argument or reconsideration, objections to Magistrate Judges’ rulings, applications for attorneys’ fees, motions for sanctions, motions for reduction of sentence, pro hac vice motions, motions involving persons in custody, and petitions to confirm or compel arbitration, and instances where a litigant believes that delay in filing might result in the loss of right.

WARNING

A party seeking to file sealed or redacted materials should confer in advance with opposing parties or relevant third parties to narrow the request.

The party seeking leave to file sealed or redacted materials should meet and confer with any opposing parties (or third parties seeking confidential treatment of the information, if any) in advance to narrow the scope of the request.

WARNING

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

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

WARNING

Opposing party may respond to discovery dispute motion within 2 business days electronically.

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

WARNINGCivil cases

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

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.

WARNING

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.

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.

WARNING

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

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

WARNINGCivil cases

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

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).

WARNINGCivil cases

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

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.

WARNING

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

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.

WARNING

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

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

WARNING

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

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.

WARNINGCivil cases

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

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.

WARNING

Before filing a letter with the Court, the parties are expected to meet and confer regarding a briefing schedule for any anticipated motion.

In advance of filing a letter with the Court, the Parties are expected to meet and confer regarding a briefing schedule for any anticipated motion.

WARNING

At the meet and confer held before filing the letter seeking leave to move for summary judgment, the Parties should discuss and prepare a joint submission indicating all facts that are not in dispute. If for any reason the Parties are unable to do so, they should submit a separate letter explaining why they should be relieved of that obligation.

At the meet and confer held before filing the letter seeking leave to move for summary judgment, the Parties should discuss and prepare a joint submission indicating all facts that are not in dispute. If for any reason the Parties are unable to do so, they should submit a separate letter explaining why they should be relieved of that obligation.

WARNING

Sur-replies require prior permission.

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

WARNINGCivil cases

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.

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.

WARNINGCivil cases

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

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.

WARNING

Unless the parties agree otherwise or the Court orders otherwise, non-party depositions must follow initial party depositions.

Absent an agreement between the parties or an order from the Court, non- party depositions shall follow initial party depositions.

WARNINGCivil cases

Sur-reply memoranda require prior permission from the Court.

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

WARNING

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

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.

WARNING

Exchanging letters or emails alone does not satisfy the discovery-dispute meet-and-confer requirement.

An exchange of letters or emails alone does not satisfy this requirement.

WARNING

Counsel must respond promptly and in good faith to another party’s request to confer about a discovery dispute.

Counsel must respond promptly and in good faith to any request from another party to confer in accordance with this paragraph.

WARNING

The parties are encouraged to agree on a briefing schedule, but alternate or modified schedules require Court approval; otherwise, Local Civil Rule 6.1 governs.

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, 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.

WARNING

A sur-reply memorandum requires prior Court permission to be accepted.

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

WARNING

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

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.

WARNING

Sur-reply memoranda require prior court permission.

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

WARNINGCivil cases

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

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

WARNINGCivil cases

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

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

INFO

Pre-motion conferences not required for non-discovery motions

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

INFO

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

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

INFO

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

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.

INFO

Court schedules oral argument if desired.

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

INFO

Motions can be returnable on any day of the week.

Motions shall be returnable on any day of the week.

INFO

Counsel should not appear in Court on the return date.

Counsel shall not appear in Court on the return date.

INFO

Pre-motion conferences and pre-motion letters are not required in pro se cases.

Pre-motion conferences and pre-motion letters are not required in pro se cases.

INFOCivil cases

Court decides whether summary judgment motion is warranted after pre-motion letter

The Court shall inform the parties whether a motion for summary judgment is warranted and, if so, set a briefing schedule.

INFOCivil cases

Pre-motion conference requirement is waived for motions in limine.

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.

INFO

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

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

INFO

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

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

INFOCivil cases

Pre-motion conferences required only for discovery disputes.

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

INFOCivil cases

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

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

INFO

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

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

INFO

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

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

INFO

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

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.

INFO

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

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.

INFO

Pre-motion conference not required for substantive motions other than discovery and summary judgment.

A pre-motion conference is not required for other substantive motions.

INFO

Prior motion to dismiss terminated as moot if new motion to dismiss is filed.

If the moving party files a new motion to dismiss, the Court will terminate the prior motion to dismiss as moot.

INFO

PSLRA cases require conference and schedule in accordance with statute.

Judge McMahon will conference your case and set a schedule in keeping with the statute.

INFO

IDEA/ERISA cases use summary judgment on administrative record instead of discovery schedule.

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.

INFO

Patent cases require status conference; continue discovery under existing order until conference.

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.

INFO

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.

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.

INFO

Court may hold or adjourn initial conference to discuss pending motion that is not fully briefed.

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.

INFO

Decision on fully-briefed motion may be announced at conference, or case management plan entered pending resolution.

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.

INFO

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.

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.

INFO

Motions for reconsideration are reviewed by Judge McMahon who decides if response is needed; opposing party only responds if directed.

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.

INFO

Date calculations follow FRCP 6 for civil matters and FRCrP 45 for criminal matters.

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.

INFO

Pre-motion conferences are not required for substantive motions.

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.

INFO

Initial pretrial conferences are automatically scheduled by phone unless parties request in-person.

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.

INFOCivil cases

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

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.

INFOCivil cases

Pre-motion conferences not required except for discovery motions.

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

INFOCivil cases

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

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.

INFO

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

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.

INFO

Pre-motion conferences are not required for motions other than discovery motions.

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

INFO

The Court decides whether to hear oral argument and, if it will, advises counsel of the argument date.

This Court will determine whether argument will be heard and, if so, will advise counsel of the argument date.

INFOCivil cases

When oral argument is requested, the Court decides whether to hear it and, if so, informs counsel of the argument date.

If oral argument is requested, the Court will determine whether argument will be heard and, if so, advise counsel of the argument date.

INFOCivil cases

Summary judgment motions are discouraged in non-jury cases.

Summary judgment motions are discouraged in non-jury cases.

INFOCivil cases

If the meeting does not result in settlement, the parties should discuss whether mediation or a magistrate judge settlement conference would be productive.

If no settlement is reached during this meeting, the parties should discuss whether a mediation or referral to the magistrate judge for a settlement conference would be productive.

INFO

Pre-motion submissions not required for pro se parties.

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

INFOCivil cases

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

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

INFO

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

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.

INFO

Pre-motion conferences not required except for discovery disputes.

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

INFOCivil cases

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

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

INFO

Oral argument only if ordered by Court

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

INFOCivil cases

Multiple motion types are exempt from standard pre-motion requirements

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.

INFO

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.

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.

INFO

Nonmovant must respond within 7 days to pre-motion letter, indicating amendment plans or reasons not to amend with supporting case law.

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.

INFO

Complaint dismissed based on pre-motion letter may be dismissed with prejudice as nonmovant had chance to amend.

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.

INFO

The notice requirement does not change the response-filing deadline under the Federal and Local Rules.

This Rule does not alter the time to file a response provided by the Federal and Local Rules.

INFO

The Court decides whether oral argument will be held and, if it is, advises counsel of the date and time.

The Court will determine whether argument will be heard and, if so, will advise counsel of the date and time for the argument.

INFO

Court sets date for Joint Pretrial Order at Initial Pretrial Conference or Post-Discovery Status Conference.

The Court will set a date for the Joint Pretrial Order at the Initial Pretrial Conference or at the Post-Discovery Status Conference.

INFO

Pre-motion letters and conferences are not required unless ordered by the Court.

Absent order of the Court, neither pre-motion letters nor pre-motion conferences are required.

INFO

Pre-motion conference is not required.

Pre-motion Not required.

INFO

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

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

INFO

3. Motions Not Requiring a Pre-Motion Conference...............................................8

3. Motions Not Requiring a Pre-Motion Conference...............................................8

INFO

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

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

INFO

Motions to Dismiss.

Motions to Dismiss.

INFO

Pre-motion letters/conferences generally not required except for discovery and summary judgment.

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.

INFOCivil cases

Pre-motion submissions not required from pro se parties; response optional if adversary files.

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.

INFOCivil cases

Pre-motion letters don't stay deadlines except motion to dismiss stays defendant's answer deadline.

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.

INFOCivil cases

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

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;

INFO

Oral argument not permitted unless otherwise ordered.

Unless otherwise ordered, no oral argument will be heard.

INFOCivil cases

The Court sets the briefing schedule for motions in limine at the pretrial conference.

At the pretrial conference, the Court will set a briefing schedule for any motions the parties wish to file addressing evidentiary issues or other matters which should be resolved in limine.

INFO

Court contacts parties for oral argument after motion is fully briefed.

The Court will contact the parties after the motion has been fully briefed regarding an oral argument date.

INFOCivil cases

Pre-motion conferences not required in pro se cases.

A pre-motion conference is not required in pro se cases.

INFOCivil cases

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

Parties may request oral argument by letter at the time their moving, opposition, or reply papers are filed.

INFOCivil cases

Court decides whether to grant oral argument and sets date.

The Court will determine whether argument will be heard and, if so, will advise counsel of the argument date.

INFOCivil cases

Oral argument not ordinarily heard on motions but encouraged for substantive motions; parties may request by letter when filing motion papers.

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.

INFO

Most motions are resolved on submission; oral argument may be requested at pre-motion conference.

Most motions are resolved “on submission.” Parties may request oral argument at a pre-motion conference.

INFOCivil cases

Court may set hearing date for default judgment.

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.

INFOCivil cases

Oral argument may be requested by filing letter on ECF when filing moving, opposing, or reply papers

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.

INFOCivil cases

Pre-motion conferences are not required in civil cases.

Pre-motion conferences are not required.

INFOCivil cases

Initial Rule 16 conference scheduled for Friday morning ~6 weeks after Complaint filing.

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.

INFOCivil cases

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.

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.

INFO

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

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.

INFO

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

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.

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

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

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

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.

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

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.