Judge Stewart D. Aaron
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy
- 1 copy • Hand Delivery
- 1 copy • Promptly After Filing
- 1 copy • Upon Serving
- At Commencement of Trial
Adjournments
- Adjournment/extension requests must be made by Letter-Motion with specific required elements.
Request must include
- Extension requests must be made before deadline; adjournment requests require 72 hours advance notice with 2 proposed dates.
Communication
Phone
Clerk
Chambers
Page & Word Limits5 rules
Letters may not exceed 3 pages in length, exclusive of attachments, which should be kept to a minimum.
- Letter
- Up to 3 pages
Letters in opposition and replies may not exceed three pages in length exclusive of attachments, which should be kept to a minimum.
- Letter
- Up to 3 pages
- Opposition
- Reply
Excluded from page count
- •Attachments
Letter-Motions may not exceed 3 pages 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.
- Letter motion
- Up to 3 pages
- Discovery motions
Excluded from page count
- •Attachments
The letter must not exceed 5 pages (single-spaced), unless permission has been granted by the Court.
- Page limit
- Up to 5 pages
Exception
More pages with leave of court
A memorandum of law, in support of or in opposition to any motion, is limited to 25 pages and reply briefs should be no longer than 10 pages.
- Brief
- Up to 25 pages
- Reply brief
- Up to 10 pages
Document Format Requirements1 rule
Courtesy copies should be printed on double-sided paper, and should bear the ECF header generated at the time of electronic filing and include protruding tabs for any exhibits. Bulky materials should be neatly bound, or placed in 3-ring binders, with appropriate dividers.
- Binding
- Three-ring binder
Formatting
- •Double-sided
- •ECF header
- •Protruding tabs for exhibits
Document Filing Requirements22 rules
The proposed Joint Pretrial Order shall be signed by all parties and include the following: 1. The full caption of the action. 2. The names, addresses, telephone numbers (both office and cellular) and
- Document
- Joint pretrial order
Must include
- •Caption
Joint Pretrial Order due within 30 days after discovery completion or 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.
In nonjury cases, proposed findings of fact and statements of law. If the parties believe it would be useful, they also may file in nonjury cases pretrial memoranda, limited to 25 pages.
- Document
- Nonjury case
May include
- •Statements of law
- •Proposed findings of fact
- •Pretrial memoranda
In all cases, motions addressing any evidentiary or other issues which should be resolved in limine.
In jury cases, requests to charge and proposed voir dire questions, and where applicable, a proposed special verdict form.
- Document
- Jury case
Include
- •Requests to charge
- •Proposed voir dire questions
- •Proposed special verdict form
No later than 7 days before the conference, counsel for each party must send the Court (a) a pre-settlement conference letter, and (b) a completed attendance certification form attached at the
If the plaintiff has not already made a settlement demand, such a demand shall be communicated to the opposing party no later than 14 days prior to the conference.
If it has not already done so, the opposing party shall respond to any demand no later than 7 days thereafter.
Corporate parties or labor unions must send the person with complete decision-making authority to settle.
Government agencies must send knowledgeable representatives or provide telephone access.
Court's wording
Where any government agency is a party, counsel of record must be accompanied by a knowledgeable representative from the agency (or, if the agency official with knowledge is more than 100 miles from the Courthouse, the official must be available to participate by telephone).
Insurance carriers must send decision-makers; excess carriers need Court excuse 1 week prior.
Court's wording
Where liability insurance is involved, a decision-making representative of each carrier must attend in addition to the insured. This includes each excess carrier, unless specifically excused by the Court at least one week before the conference.
In cases where the Comptroller of the City of New York has authority over settlement, the Assistant Corporation Counsel must make arrangements in advance of the conference for a representative of the Comptroller either to attend the conference or to be available by telephone to approve any proposed settlement.
Alternatively, the parties seeking judicial approval of an FLSA settlement shall submit a letter to the Court (a) explaining why the terms of the proposed settlement reflect a reasonable compromise of disputed issues, rather than a mere waiver of statutory rights, and (b) presenting the Court with sufficient evidence to determine whether the settlement terms represent a fair and reasonable resolution of the dispute.
The Court will not approve a Fair Labor Standards Act ("FLSA") settlement without an explanation from counsel as to why the terms of the proposed settlement are fair and reasonable.
Unless otherwise ordered by the Court, any represented party should file on ECF the following documents within 1 week of the filing of any document described in section 5.B. above (pro se litigants may file via regular mail)
Unless otherwise ordered by the Court, within 30 days after the date for completion of discovery in a civil case, or, if a dispositive motion has been filed, within 30 days of its decision, the parties should file on ECF a joint pretrial order
Plaintiff must provide medical authorizations to defendant before initial pretrial conference in personal injury cases.
Court's wording
In any case involving allegations of personal injury – whether physical, psychological, emotional or otherwise – the plaintiff is to provide to the defendant prior to the initial pretrial conference all necessary medical authorizations.
Unless otherwise ordered by the Court, each party should file on ECF (pro se litigants should file via regular mail) the following documents 21 days before the date of commencement of trial
Parties must report attorneys' fees and litigation costs during settlement conference
- Document
- Settlement conference
Must include
- •Attorneys fees incurred
Court's wording
During the settlement conference, 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 any appeal.
Parties must provide their own interpreters for settlement conferences.
- Document
- Settlement conference
Must include
- •Interpreter
Court's wording
If an interpreter is needed for any party, each party must supply its own simultaneous interpreter (who need not have any special certification). The Court does not provide interpreters for settlement conferences.
The scheduling of a settlement conference has no effect on any deadlines or other pending obligations in the case.
Non-attending parties may be required to pay other parties' expenses and attorney's fees.
Court's wording
If a party fails to comply with the attendance requirements, that party may be required to pay the other parties' reasonable expenses, including attorney's fees, incurred as a result of the failure to attend.
Filing & Service rules
Courtesy Copy Requirements
unless the attached exhibits exceed ten pages, in which case one courtesy copy, marked as such, should submitted to Chambers promptly after filing.
unless the attached exhibits exceed ten pages, in which case one courtesy copy, marked as such, should submitted to Chambers promptly after filing.
Page 4 | 2. Courtesy Copies
At trial commencement, parties must provide tabbed, double-sided courtesy copies of trial exhibits and deposition designations to other parties and the Court.
At the commencement of trial, each party must provide each other party, and the Court, with a tabbed binder or binders containing double-sided courtesy copies of its trial exhibits and deposition designations.
Page 9 | D. Marking Exhibits for Trial
The parties should provide the Court with one courtesy copy of each submission when it is served.
The parties should provide the Court with one courtesy copy of each submission when it is served.
The plaintiff(s) must submit one courtesy copy to Chambers.
The plaintiff(s) must submit one courtesy copy to Chambers.
Courtesy copy required for pre-settlement letters with exhibits over 10 pages
If exhibits to a letter exceed 10 pages, a courtesy copy of the entire submission must be submitted to the Court via hand or overnight delivery.
Civil cases
Page 2 | Ex Parte Pre-Conference Submissions
Counsel should deliver one courtesy copy of the respective motion papers to Chambers after service.
Counsel should deliver one courtesy copy of the respective motion papers to Chambers after service.
Plaintiff must submit one courtesy copy to Chambers.
The plaintiff(s) must submit one courtesy copy to Chambers.
Sealing & Redaction Procedures
Redacted and unredacted sealed versions must be filed simultaneously for confidential materials.
A party wishing to file a Letter-Motion (or opposition or reply) that contains material claimed by either party to require confidential treatment may file a redacted copy of the document on ECF, removing or concealing such information only to the extent necessary to safeguard information sought to be filed under seal. At the time of filing, the party also shall contemporaneously file the unredacted sealed document in the ECF system under seal, with the redactions highlighted.
Page 4 | 4. Redactions And Filing Under Seal Through ECF
Sealing request letter must be filed within 3 business days of redacted filing.
Within three business days of the date the redacted document is filed, the party filing the redacted document must file a letter on ECF in conformity with the court’s standing order, No. 19-MC-00583, and ECF Rules & Instructions, Section 6. 6 seeking permission to file the document, or a portion thereof, under seal.
Page 4 | 4. Redactions And Filing Under Seal Through ECF
Sealed filings require redacted ECF copy, sealed unredacted copy, and permission letter.
Filing under seal and redacting information not covered by Rule 5.2 of the Federal Rules of Civil Procedure requires permission of the Court. Unless otherwise ordered, any party wishing to file a document or portion thereof under seal must do the following on or before the date on which the relevant brief, declaration or other document is due: (1) file a redacted copy of the document via ECF, from which the material claimed to require confidential treatment has been removed or concealed; (2) file the unredacted sealed document in the ECF system under seal. The summary docket text, but not the sealed document, will be open to public inspection and should not include confidential information sought to be filed under seal. Both documents must be electronically filed through the ECF system and related to the motion; and (3) file a letter on ECF seeking permission to file the document under seal and explaining the need to withhold the material at issue from the public record notwithstanding the strong presumption of public access to “judicial documents” under the First Amendment and the common law.
Page 7 | Redactions And Filing Under Seal
Motion required to file sealed documents on paper instead of ECF.
Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.
Page 7 | Redactions And Filing Under Seal
Confidential designation limited to specific categories of sensitive information
The person producing any given Discovery Material may designate as Confidential only such portion of such material the public disclosure of which either is restricted by law or will cause harm to the business, commercial, financial or personal interests of the producing person and/or a third party to whom a duty of confidentiality is owed and that consists of: (a) previously nondisclosed financial information (including without limitation profitability reports or estimates, percentage fees, design fees, royalty rates, minimum guarantee payments, sales reports and sale margins); (b) previously nondisclosed information relating to ownership or control of any non-public company; (c) previously nondisclosed sensitive commercial information relating to any party’s business including, but not limited to, tax data; proposed strategic transactions or other business combinations; internal audit practices, procedures and outcomes; trade secrets; marketing plans and strategies; studies or analyses by internal or outside experts; competitive analyses; customer or prospective customer lists and information; product or service pricing or billing agreements or guidelines; and/or confidential project-related information; (d) any information of a personal or intimate nature regarding any individual; or (e) any other category of information hereinafter given confidential status by the Court.
Civil cases
Page 2 | 2
With respect to the Confidential portion of any Discovery Material other than deposition transcripts and exhibits, the producing person or that person’s counsel may designate such portion as “Confidential” by: (a) stamping or otherwise clearly marking as “Confidential” the protected portion in a manner that will not interfere with legibility or audibility; and (b) producing for future public use another copy of said Discovery Material with the confidential information redacted.
With respect to the Confidential portion of any Discovery Material other than deposition transcripts and exhibits, the producing person or that person’s counsel may designate such portion as “Confidential” by: (a) stamping or otherwise clearly marking as “Confidential” the protected portion in a manner that will not interfere with legibility or audibility; and (b) producing for future public use another copy of said Discovery Material with the confidential information redacted.
Civil cases
Page 2 | 3
With respect to deposition transcripts, a producing person or that person’s counsel may designate such portion as Confidential either by (a) indicating on the record during the deposition that a question calls for Confidential information, in which case the reporter will bind the
With respect to deposition transcripts, a producing person or that person’s counsel may designate such portion as Confidential either by (a) indicating on the record during the deposition that a question calls for Confidential information, in which case the reporter will bind the
Civil cases
Page 3 | 4
A Party may be requested to produce Discovery Material that is subject to contractual or other obligations of confidentiality owed to a third party. Within two business days of receiving the request, the receiving Party subject to such obligation shall inform the third party of the request and that the third party may seek a protective order or other relief from this Court. If neither the third party nor the receiving Party seeks a protective order or other relief from this Court within 21 days of that notice, the receiving Party shall produce the information responsive to the discovery request but may affix the appropriate controlling designation.
A Party may be requested to produce Discovery Material that is subject to contractual or other obligations of confidentiality owed to a third party. Within two business days of receiving the request, the receiving Party subject to such obligation shall inform the third party of the request and that the third party may seek a protective order or other relief from this Court. If neither the third party nor the receiving Party seeks a protective order or other relief from this Court within 21 days of that notice, the receiving Party shall produce the information responsive to the discovery request but may affix the appropriate controlling designation.
Civil cases
Sealing procedures differ for non-dispositive vs dispositive matters, with specific sections to follow.
All persons seeking to file redacted documents or documents under seal with the Court in connection with non-dispositive matters shall follow Section II(B)(3) of Magistrate Judge Aaron’s Individual Practices. With respect to dispositive matters, the Individual Rules of the presiding District Judge shall be followed; if the parties have consented to the jurisdiction of Magisrate Judge Aaron for all purposes, then with respect to dispositive motions, Section III(E) shall be followed.
Civil cases
Sealed filings must include a publicly filed redacted copy via ECF.
Any Party filing a motion or any other papers with the Court under seal shall also publicly file a redacted copy of the same, via the Court’s Electronic Case Filing system, that redacts only the Confidential Discovery Material itself, and not text that in no material way reveals the Confidential Discovery Material.
Civil cases
Confidential discovery material may only be used for litigation purposes
Recipients of Confidential Discovery Material under this Protective Order may use such material solely for the prosecution and defense of this action and any appeals thereto, and specifically (and by way of example and not limitations) may not use Confidential Discovery Material for any business, commercial or competitive purpose. Nothing contained in this Protective Order, however, will affect or restrict the rights of any person with respect to its own documents or information produced in this action. Nor does anything contained in this Protective Order limit or restrict the rights of any person to use or disclose information or
Civil cases
Non-Disclosure Agreements required for certain recipients of confidential discovery material
Prior to any disclosure of any Confidential Discovery Material to any person referred to in subparagraphs 6(d), 6(f) or 6(g) above, such person shall be provided by counsel with a copy of this Protective Order and shall sign a Non-Disclosure Agreement in the form annexed as an Exhibit hereto stating that that person has read this Protective Order and agrees to be bound by its terms. Said counsel shall retain each signed Non-Disclosure Agreement, hold it in escrow, and produce it to opposing counsel either prior to such person being permitted to testify (at deposition or trial) or at the conclusion of the case, whichever comes first.
Civil cases
Any Party who requests additional limits on disclosure (such as “attorneys’ eyes only” in extraordinary circumstances) may at any time prior to the trial of this action serve upon counsel for the receiving Party a written notice stating with particularity the grounds for the request. If the Parties cannot reach agreement promptly, counsel for all Parties will address their dispute to this Court in accordance with Section II of Magistrate Judge Aaron’s Individual Practices.
Any Party who requests additional limits on disclosure (such as “attorneys’ eyes only” in extraordinary circumstances) may at any time prior to the trial of this action serve upon counsel for the receiving Party a written notice stating with particularity the grounds for the request. If the Parties cannot reach agreement promptly, counsel for all Parties will address their dispute to this Court in accordance with Section II of Magistrate Judge Aaron’s Individual Practices.
Civil cases
Any Party who objects to any designation of confidentiality may at any time prior to the trial of this action serve upon counsel for the designating person a written notice stating with particularity the grounds of the objection. If the Parties cannot reach agreement promptly, counsel for all Parties will address their dispute to this Court in accordance with Section II of Magistrate Judge Aaron’s Individual Practices.
Any Party who objects to any designation of confidentiality may at any time prior to the trial of this action serve upon counsel for the designating person a written notice stating with particularity the grounds of the objection. If the Parties cannot reach agreement promptly, counsel for all Parties will address their dispute to this Court in accordance with Section II of Magistrate Judge Aaron’s Individual Practices.
Civil cases
Court unlikely to seal discovery material introduced at trial or in summary judgment motions.
All persons are hereby placed on notice that the Court is unlikely to seal or otherwise afford confidential treatment to any Discovery Material introduced in evidence at trial or supporting or refuting any motion for summary judgment, even if such material has previously been sealed or designated as Confidential.
Civil cases
Pre-Motion Conference Requirements
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.
Page 3 | A. Requirement To Meet And Confer
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.
Page 3 | 1. Briefing Schedule
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
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
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.
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.
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.
Adjournment & Extension Requirements
Extension requests must be made before deadline; adjournment requests require 72 hours advance notice with 2 proposed dates.
All requests for extension of a deadline must be made in advance of the deadline to be extended. Absent unforeseeable emergencies, all requests for an adjournment of a court conference or other court proceeding (including a telephonic court conference) must be made at least 72 hours in advance of the proceeding to be adjourned, and must include at least two proposed dates, on which all counsel are available, for the adjourned proceeding.
Page 2 | Communications With Chambers
Adjournment/extension requests must be made by Letter-Motion with specific required elements.
Requests to adjourn a court extend a deadline must be made by Letter-Motion, after consultation with all affected 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 | Communications With Chambers
Chambers Communication Rules
Device orders must be emailed to chambers at least 24 hours before trial/hearing; cannot file on ECF.
Counsel seeking to bring a device into the Courthouse shall submit a filled-in copy of the Electronic Devices General Purpose Form 5 to the Court by e-mail (Aaron_NYSDChambers@nysd.uscourts.gov) at least 24 hours prior to the relevant trial or hearing. A request for a So-Ordered Device Order shall not be filed on ECF.
Page 2 | Communications With Chambers
Principal trial counsel must appear at all conferences with the Court.
The attorney who will serve as principal trial counsel must appear at all conferences with the Court.
Upon assignment of a criminal case to Judge Carter, the parties should immediately call the Deputy Clerk at 212-805-0141 to arrange for a prompt conference, at which the defendant will be present, in order to set a discovery and motion schedule.
Upon assignment of a criminal case to Judge Carter, the parties should immediately call the Deputy Clerk at 212-805-0141 to arrange for a prompt conference, at which the defendant will be present, in order to set a discovery and motion schedule.
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. If the hand-delivery is urgent and requires the Court's immediate attention, ask the Court Security Officers to notify Chambers that an urgent package has arrived that needs to be retrieved immediately by Chambers staff.
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. If the hand-delivery is urgent and requires the Court's immediate attention, ask the Court Security Officers to notify Chambers that an urgent package has arrived that needs to be retrieved immediately by Chambers staff.
Page 2 | Communications With Chambers
Parties more than 100 miles away may request telephone participation.
If a party resides more than 100 miles from the Courthouse and it would be a great hardship for that party to attend in person, counsel may write to the Court seeking permission for the party to participate by telephone.
Civil cases
Page 3 | Attendance of Parties Required