Judge Sarah L. Cave
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- By Business Day Before Trial
- Upon request
Filings > 50 pages
- 1 copy • Promptly After Filing
Adjournments
- Parties may extend interim discovery deadlines by written consent without court application if the 6(A) fact discovery deadline is met.
- Adjournment/extension requests must be filed as letter-motions with specific required elements.
- Settlement conference adjournments must be filed as Letter-Motion on ECF
- +1 more
Request must include
- Adjournment requests must be made at least 48 hours in advance with 2 proposed dates.
- Adjournment requests must be made promptly; no reason needed if >14 days in advance, otherwise reasons required.
Communication
Chambers
Letter via ECF
Intake Unit
Phone
Chambers
Page & Word Limits5 rules
Letters may not exceed 1,050 words in length, exclusive of attachments, which should be kept to a minimum.
- Letter
- Up to 1,050 words
Letters in opposition and replies may not exceed 1,050 words in length exclusive of attachments, which should be kept to a minimum.
- Word limit
- Up to 1,050 words
- Letter motion
Settlement conference letter must be 4 pages or less and include specific content
- Settlement conference letter for attorneys
- Up to 4 pages per party
- Settlement conference letter
Court's wording
No later than four business days before the conference, each party must send to the Court and opposing counsel a letter of no longer than four (4) pages marked “Confidential Materials For Use Only At Settlement Conference,” setting forth concisely the following: (1) a discussion of the relevant facts and applicable law, with an emphasis on the issues more pertinent to settlement, including a discussion of liability and damages in the event liability were established; (2) if non‐monetary relief—including a general or specific release of claims—is sought in addition to or instead of money damages, each party must set forth its position as to the provision of such relief; (3) the existence and amount of any lien(s) that may attach to the settlement proceeds; and (4) the history of settlement discussions, including any prior offers or demands.
Non-jury cases may file pretrial memoranda up to 8,750 words.
- Pretrial memorandum
- Up to 8,750 words
Court's wording
In non‐jury cases, where ordered by the Court, parties must file proposed findings of fact and statements of law. If the parties believe it would be useful, they may file pretrial memoranda limited to 8,750 words.
Settlement conference presentations limited to 10-15 minutes
Court's wording
At the settlement conference, counsel for each side should expect to make a succinct presentation (10–15 minutes) in the presence of all parties and the Court summarizing the to consider for purposes of formulating a settlement position.
Document Filing Requirements32 rules
In accordance with Federal Rule of Civil Procedure 26(f) and Judge Cave’s Individual Practices, the parties met on __________________ (at least one week before the Initial Case Management Conference) and exchanged communications thereafter. The parties now submit the following report for the Court’s consideration:
Counsel represent by their signature below that they have read and will comply with the above.
- Document
- Rule 26(f) conference report
- Placement
- Signature block
No later than one week after the close of fact discovery, that is, by ____, the parties must file a joint letter on the docket certifying that fact is discovery is complete.
No later than one week after the close of expert discovery, that is, by____, the parties must file a joint letter on the docket certifying that all discovery is complete. This letter should also state which dispositive motions, if any, each party intends to file.
G. Citations. All moving papers, letter-motions, and letters filed on ECF or emailed to Chambers when permitted must be in searchable PDF form. When citing unreported cases, parties shall use Westlaw citations whenever possible. Citations to all documents filed on ECF must include the ECF document number and ECF page number. For example, citation to an exhibit accompanying a declaration would appear as “ECF No. 123-4 at 10,” rather than “Smith Decl. Ex. 4 at 10.”
Must use Court's Model Confidentiality Stipulation and Protective Order; modifications require letter request via ECF
Court's wording
B. Confidentiality Stipulations and Protective Orders. In cases where confidential information will be exchanged, the parties must utilize the Court’s Model Confidentiality Stipulation and Proposed Protective Order found at www.nysd.uscourts.gov/hon-sarah-l-cave. The parties may apply for a protective order that differs from the Court’s model by submitting a letter request via ECF and attaching the proposed order showing in a blackline comparison how the proposed order differs from the Court’s model. The letter should explain why the modifications are needed and note any disagreements between the parties regarding the modifications from the Court’s model.
Pro Se Cases must submit Case Report and Proposed Case Management Plan 1 week before conference
Court's wording
1. Pro Se Cases. Each party must submit a Case Report and Proposed Case Management Plan for Pro Se Cases one (1) week before the scheduled conference in conformance with the procedures in Section I above. The parties shall use the form Proposed Case Management Plan template for Pro Se Cases found at www.nysd.uscourts.gov/hon-sarah-l-cave.
Report of Rule 26(f) Conference and Proposed Case Management Plan due 1 week before Initial Case Management Conference
Court's wording
A. Initial Case Management Conference. Except for Pro Se Cases, parties must confer and file a Report of Rule 26(f) Conference and Proposed Case Management Plan one (1) week before the Initial Case Management Conference. A template form for the Report of Rule 26(f) Conference and Proposed Case Management Plan is available at www.nysd.uscourts.gov/hon-sarah-l-cave.
Memoranda of law may not exceed the limits set forth in Local Rule 7.1(c).
Memoranda of 3,500 words or more shall contain a table of contents and a table of authorities.
- Document
- Memorandum of law
Must include
- •Table of contents
- •Table of authorities
Counsel must provide pro se litigants with printed copies of unreported or database-only decisions cited in submissions.
- Document
- Submission
Must include
- •Printed copies of decisions
Court's wording
As required by Local Civil Rule 7.2, counsel must provide a pro se litigant with printed copies of decisions cited in any submission that are unreported or reported exclusively on computerized databases.
Joint Pretrial Order must be submitted within 30 days after discovery completion or 30 days after summary judgment decision.
Court's wording
Unless otherwise ordered by the Court, the parties shall submit to the Court for its approval a Joint Pretrial Order within 30 days after the date for the completion of discovery, or, if a summary judgment motion has been filed, within 30 days after the decision on the motion.
Unless otherwise ordered, the following must be filed at the same time as the filing of the joint pretrial order: In jury cases, the parties must jointly file (a) requests to charge, (b) proposed voir dire questions, and (c) where applicable, a proposed special verdict form.
- Document
- Joint pretrial order
Must include
- •Requests to charge
- •Proposed voir dire questions
- •Proposed special verdict form
Settlement conference letter must be submitted 4 business days before conference
Court's wording
This letter must be received by the Court and opposing counsel no later than midnight four business days before the settlement conference. Counsel must immediately provide a copy of the opposing party’s letter to their client and/or insurer, and must also ensure before the conference that the client and/or insurer has read the opposing party’s letter.
Settlement conference letter must be sent by hand delivery or email to specific address
Court's wording
This letter, along with the Attendance Acknowledgment Form appended to the Settlement Conference Scheduling Order, must be sent to the Court by hand delivery or by email to: cave_nysdchambers@nysd.uscourts.gov.
Clients and decision-makers must attend settlement conference
Court's wording
The presence of each party (the client), in addition to counsel, is essential to the settlement process. Also, if an insurance company, litigation funder, or other individual or entity has any role in approving a settlement, the decision‐making representative of the insurer must attend in addition to the insured party.
Corporations, and any other party that is not a natural person, and insurers must send to the conference the person ultimately responsible within the organization for giving settlement authority, not someone who has received authority from someone else.
Parties must notify court if opposing party's representatives lack settlement authority
Court's wording
If a party believes that the individuals scheduled to attend the conference on behalf of the opposing party do not comply with this requirement, that party shall immediately confer with the opposing party and inform the Court by letter promptly if no resolution is reached.
Because it is important that the decisionmakers on settlement hear their adversaries’ presentations and be available to answer questions from the Court, the person who attends the conference must be the person with ultimate responsibility for determining the amount of any settlement.
Parties must provide attorneys' fees and cost information during settlement conference
Court's wording
In these meetings, the parties and their counsel must be prepared to inform the Court of the amount of attorneys’ fees and expenses incurred to date, and an estimate of the remaining costs (including attorneys’ fees) of litigating the case to judgment, including appeal.
If a party does not speak fluent English, the party must bring an experienced simultaneous interpreter. Counsel may not serve as the interpreter.
In cases where the City Comptroller has authority over settlement, the Assistant Corporation Counsel shall arrange in advance of the conference for a representative of the Comptroller either to attend the conference or to be available by telephone.
Toll-free conference call required for multiple telephone attendees
- Document
- Settlement conference
Must include
- •Toll free conference call
Court's wording
In these circumstances, if more than one individual will be appearing by telephone, the parties must immediately arrange for a toll‐free conference call number that the individuals and the Court may dial into for the conference.
Defendants must disclose financial claims 14 days before conference; proof required 3 days before; summary in paragraph 4 letters.
Court's wording
If a defendant intends to claim that its financial situation is relevant to any potential or actual settlement offer (either based on the amount offered or a proposal to pay any portion in more than 30 days), the defendant shall inform plaintiff of this fact no later than fourteen (14) days before the conference. The parties should then discuss whether plaintiff seek proof of defendant’s claim and whether the defendant is willing to provide such proof, which must be provided at least three (3) days before the conference. A summary of any discussions on this topic shall be included in the letters required under paragraph 4 of this Standing Order.
Parties must comply with expert testimony disclosure requirements under Fed. R. Civ. P. 26(a)(2) and evidence disclosure under Fed. R. Civ. P. 26(a)(3), with potential sanctions for non-compliance.
- Document
- Pretrial disclosure
Include
- •Expert testimony disclosure
Court's wording
The parties are reminded of their obligations to make certain disclosures regarding expert testimony pursuant to Fed. R. Civ. P. 26(a)(2) and to make disclosures regarding evidence that may be presented at trial pursuant to Fed. R. Civ. P. 26(a)(3). Failure to comply with these requirements may result in preclusion or other sanctions.
Any request to have a witness testify out of order and/or on a particular day must be included in the joint pretrial order. Untimely applications will be denied.
When a party’s case commences, that party is expected to have witnesses available to fill the trial day, which runs from 9:30 am to 5:00 pm, with a one‐hour lunch break. The parties are on notice that if a party does not have a witness available to testify, the Court may deem that party to have rested.
Slideware discouraged for settlement conference presentations
Court's wording
The Court prefers that counsel not use slideware or other summary presentations, although key evidence from discovery in the case, that has previously been disclosed to the opposing party at least five (5) days before the conference or is already in the possession of the opposing party, may be helpful.
Lead counsel expected to attend Initial Case Management Conference; accommodations for disability or incarceration
Court's wording
2. Attendance. Lead counsel for the parties are expected to attend the Initial Case Management Conference. Reasonable accommodations will be made for parties or their counsel who cannot attend in person on account of disability. An incarcerated party who is unable to attend this or other conferences may be able to participate by telephone. If appropriate, the Court’s scheduling order will outline the procedures for participation by telephone.
Electronic copies of this joint submission should be submitted to the Court; counsel should contact Chambers for instructions on how to submit these materials.
Telephone attendance permitted for parties over 100 miles away
Court's wording
A client or insurer’s attendance by telephone may be permitted if the party lives and works more than 100 miles from the Courthouse and it would be a great hardship for the party to attend the conference on any date.
The scheduling of a settlement conference has no effect on any deadlines or other pending obligations in the action.
Filing & Service rules
Filing Timing and Cure Windows
Parties must exchange privilege logs by a specified date if claiming privilege or work product protection.
To the extent that any party claims any privilege or work product protection, privilege logs will be exchanged by _____________________.
Civil cases
Page 3 | 6. Discovery Plan
Requests for admission must be served no later than 30 days before the fact discovery deadline.
Requests for admission must be served on or before , and in any event no later than 30 days before the fact discovery deadline.
Civil cases
Page 3 | 6. Discovery Plan
Rule 26(e) supplementations must be made within a reasonable time after information discovery, and no later than the fact discovery deadline.
Supplementations under Rule 26(e) must be made within a reasonable period of time after discovery of such information, and in any event, no later than the fact discovery deadline.
Civil cases
Page 3 | 6. Discovery Plan
Subsequent requests for production must be served no later than 30 days before the fact discovery deadline.
All subsequent requests for production must be served no later than 30 days before the fact discovery deadline.
Civil cases
Page 3 | 6. Discovery Plan
Subsequent interrogatories must be served no later than 30 days before the fact discovery deadline.
All subsequent interrogatories must be served no later than 30 days before the fact discovery deadline.
Civil cases
Page 3 | 6. Discovery Plan
Initial interrogatories must be served on or before a specified date.
Initial sets of interrogatories shall be served on or before .
Civil cases
Page 3 | 6. Discovery Plan
Pleading amendments after the Rule 15(a) deadline are only permitted with a showing of good cause under Rule 16(b)(4).
Amendment of pleadings after this date will be permitted only on a showing of “good cause” under Fed. R. Civ. P. 16(b)(4).
Civil cases
Page 4 | 8. Amendments to Pleadings
Service and Proof of Service Rules
A party receiving a Third Party production must provide a copy to all other parties.
Any party that receives a production from a Third Party must provide a copy of that production to all other parties in this action.
Page 2 | Proposed Schedule
Courtesy Copy Requirements
Courtesy copies required for Letter-Motions with exhibits over 50 pages.
Courtesy copies of Letter‐Motions are not required unless the attached exhibits exceed 50 pages, in which case one (1) courtesy copy, marked as such on a cover page, should be submitted to Chambers promptly after filing.
Page 5 | Courtesy Copies
Trial exhibits and deposition designations must be provided in tabbed binders by the business day before trial.
Unless otherwise ordered by the Court, no later than the business day before trial begins, each party must provide each other party, and the Court, with a tabbed binder or binders containing courtesy copies of its trial exhibits and deposition designations.
Courtesy copies not required for formal motions unless requested.
Courtesy copies are not required and should not be submitted unless otherwise requested by the Court.
Page 6 | Courtesy Copies
Sealing & Redaction Procedures
Filing under seal requires court permission.
Filing under seal requires permission of the Court. Unless otherwise ordered, any party wishing to file a document or
Page 2 | I. Communications with Chambers
Motions for sealed/redacted filings must be filed electronically through ECF
2. Sealing/Redactions Requiring Court Approval. Motions or Letter- Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s) must be filed electronically through the Court’s ECF system in conformity with the Court’s Standing Order, 19-mc-583, and ECF Rules & Instructions, Section 6, available at https://nysd.uscourts.gov/rules/ecf-related-instructions.
Page 3 | I. Pretrial Procedures
Filing Bundling Requirements
Motions in limine must be filed with the Joint Pretrial Order.
In all cases, motions in limine addressing any evidentiary or other issues must be filed at the same time as the Joint Pretrial Order.
Pre-Motion Conference Requirements
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
Page 4 | II. Pretrial Procedures
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.
Page 4 | II. Pretrial Procedures
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.
Page 7 | E. Motions in Pro Se Cases
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.
Page 7 | E. Motions in Pro Se Cases
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.
Page 2 | Proposed Schedule
Court prefers conferences for discovery disputes in Letter-Motions.
The Court’s preference is to hold a conference with the parties to address discovery disputes raised by a Letter‐Motion.
Page 5 | Discovery Conferences/Oral Argument on Letter-Motions
Pre-motion conference not required for non-discovery motions unless ordered.
For motions other than discovery motions, a pre‐motion conference is not required unless otherwise ordered. A party may request a pre‐motion conference by Letter‐Motion where counsel believes that an informal conference with the Court may obviate the need for the motion or reduce the issues in dispute.
Page 6 | Motions Other Than Discovery Motions
Adjournment & Extension Requirements
Pre-sentence submissions for misdemeanors should be submitted no later than 2 weeks before the scheduled meeting.
Pre-sentence submissions for misdemeanors should be submitted no later than 2 weeks before the scheduled meeting.
Criminal cases
Page 1 | III. Misdemeanor Sentencing
Adjournment requests must be made at least 48 hours in advance with 2 proposed dates.
Absent unforeseeable emergencies, all requests for adjournment of a court conference or other court proceeding (including a telephonic court conference) must be made at least 48 hours in advance of the proceeding to be adjourned, and must include at least two (2) proposed dates, on which all counsel are available, for the adjourned proceeding.
Page 2 | I. Communications with Chambers
Adjournment/extension requests must be filed as letter-motions with specific required elements.
Requests to adjourn any court conference or proceeding or to extend a deadline must be made by Letter‐ Motion filed on ECF, after consultation with all parties, and must state: (1) the original date of the conference, proceeding or deadline; (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) the reason for the present request; (5) whether all affected parties consent; and (6) if not, the reasons given for refusing.
Page 2 | I. Communications with Chambers
Settlement conference adjournments must be filed as Letter-Motion on ECF
Any application for adjournment or other modification of the conference must be submitted via Letter‐Motion on ECF in accordance with Magistrate Judge Cave’s Individual Practices, found at: https://www.nysd.uscourts.gov/hon‐sarah‐l‐cave.
Page 1 | 4
Adjournment required if it would enable discovery or in-person attendance; within 45 days requires consultation and Letter-Motion; >45 days requires adjournment sine die with party positions.
The parties are required to seek an adjournment if (1) an adjournment would permit discovery or exchange of information that would make the conference more fruitful, or (2) for in‐person conferences, a client or insurer who would otherwise participate by telephone would be available to attend in person if the conference were held on another date. To seek a new date within 45 days of the originally‐scheduled conference, counsel must consult with all other counsel as to their, their clients’, and their insurer’s availability. The party must then file a Letter‐Motion via ECF in accordance with Magistrate Judge Cave’s Individual Practices proposing options for a new date and time and indicating that all parties are available. If the party wishes to postpone by more than 45 days, an adjournment sine die should be sought by Letter‐Motion, should provide the position of each party as to the request, and should specify an approximate time period when the conference should be held. The Court notes that the scheduled conference date is not changed unless and until the Court grants the written application to change the date.
Adjournment requests must be made promptly; no reason needed if >14 days in advance, otherwise reasons required.
If counsel becomes aware of the need or potential need for an adjournment of the date of the conference, counsel must make an application for the adjournment as soon as counsel is aware of the need. If the application is made more than fourteen (14) days in advance of the conference, no cause need be provided. Otherwise, counsel must provide reasons for seeking the adjournment.
Parties may extend interim discovery deadlines by written consent without court application if the 6(A) fact discovery deadline is met.
The following interim deadlines may be extended by the parties on written consent without application to the Court, provided that the parties meet the deadline for completing fact discovery set forth in paragraph 6(A) above.
Civil cases
Page 3 | 6. Discovery Plan
Chambers Communication Rules
At least 24 hours in advance of a plea, the indictment/information, plea agreement, a summary of the elements of the offense(s), and the maximum and mandatory penalties for each crime/count should be emailed to CaveCriminalDuty@nysd.uscourts.gov.
At least 24 hours in advance of a plea, the indictment/information, plea agreement, a summary of the elements of the offense(s), and the maximum and mandatory penalties for each crime/count should be emailed to CaveCriminalDuty@nysd.uscourts.gov.
Criminal cases
Page 1 | II. Pleas
Email Judge Cave for late-night or weekend warrant requests.
Late-night or weekend warrants. If you anticipate the need for a late-night or weekend warrant, please send Judge Cave an email at CaveCriminalDuty@nysd.uscourts.gov.
Criminal cases
Page 1 | I. Criminal Applications
Warrants. Arrest and search warrants, including applications for cell site information, triggerfish, and GPS tracking, should be emailed to CaveCriminalDuty@nysd.uscourts.gov specifying the time that the agent and U.S. Attorney are available to swear out the complaint.
Warrants. Arrest and search warrants, including applications for cell site information, triggerfish, and GPS tracking, should be emailed to CaveCriminalDuty@nysd.uscourts.gov specifying the time that the agent and U.S. Attorney are available to swear out the complaint.
Criminal cases
Page 1 | I. Criminal Applications
Pro se parties must communicate with the Pro Se Intake Unit, not chambers.
By Standing Order, a pro se party must mail all communications with the Court to the Pro Se Intake Unit located at 40 Centre Street, Room 105, New York, NY 10007. A pro se party may not call or email Chambers or send any document or filing directly to Chambers.
Page 2 | I. Communications with Chambers
Electronic device requests must be emailed to Court at least 24 hours before proceeding
H. Electronic Device Order Requests. Attorneys’ use of electronic devices (including mobile telephones, personal electronic devices, computers, and printers) within the Courthouse and its environs is governed by the Court’s Standing Order M10-468.4. Attorneys seeking to bring a device into the Courthouse shall submit a completed copy of the Electronic Devices General Purpose Form, available on the Court's website, to the Court by email at least 24 hours prior to the court proceeding. Requests for a so-ordered electronic device order are not filed on ECF.
Page 3 | I. Pretrial Procedures
Where permitted by these Rules, hand deliveries should be left with the Court Security Officers at the Worth Street entrance of 500 Pearl Street and may not be brought directly to Chambers.
Where permitted by these Rules, hand deliveries should be left with the Court Security Officers at the Worth Street entrance of 500 Pearl Street and may not be brought directly to Chambers.
Page 2 | I. Communications with Chambers
Urgent matters require filing a request on ECF before calling or emailing chambers.
If a matter requires urgent attention, the parties must first file a request for relief on the docket before alerting Chambers by telephone call or email.
Page 2 | I. Communications with Chambers
Counsel should call Chambers if there is any difficulty securing an interpreter.
Counsel should call Chambers if there is any difficulty securing an interpreter.
Page 2 | 7c
Junior Lawyer Participation Incentives
Junior attorneys invited to argue Letter-Motions they helped prepare.
Junior attorneys are invited to argue Letter-Motions they have helped prepare. Firms are encouraged to provide this opportunity to junior attorneys for training purposes. The Court is amenable to permitting more than one lawyer to argue for one party if this creates an opportunity for a junior lawyer to participate.
Page 5 | Discovery Conferences/Oral Argument on Letter-Motions
Junior attorneys invited to argue motions they helped prepare.
Junior attorneys are invited to argue motions they have helped prepare. Firms are encouraged to provide this opportunity to junior attorneys for training purposes. The Court is amenable to permitting more than one attorney to argue for one party if this creates an opportunity for a junior lawyer to participate.
Page 6 | Oral Argument on Motions