Judge Valerie Figueredo
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Email • Upon Filing
Filings > 10 pages
- 1 copy
Filings > 50 pages
- 1 copy • Promptly After Filing
Jury Instructions, Voir Dire Questions, Verdict Form
- Email • Upon Filing
Adjournments
- Adjournment and extension requests must be made by Letter-Motion after consulting affected parties and include the original date, prior request count, reason, and consent status or adversary’s reasons for refusing.
- If the party wishes to postpone by more than 45 days, an adjournment 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.
- Adjournment required if it would enable discovery or allow in-person attendance instead of telephone.
- +4 more
Request must include
- Unless an unforeseeable emergency exists, an adjournment request must be made at least 72 hours before the proceeding and include at least two dates when all counsel are available.
- Adjournment requests must be made 72 hours in advance with 2 proposed dates.
- Adjournment requests must be made promptly; no cause needed if >14 days before conference, reasons required if <14 days.
Communication
Chambers
Phone
Intake Unit
Phone
Page & Word Limits6 rules
Letters may not exceed 3 single-space pages in length (exclusive of exhibits).
- Letter
- Up to 3 pages
- Format
- Single-spaced
Excluded from page count
- •Exhibits
Letter-Motions may not exceed three (3) pages in length, exclusive of attachments, which should be kept to a minimum.
- Letter motion
- Up to 3 pages
Excluded from page count
- •Attachments
Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to 25 pages, and reply memoranda are limited to ten (10) pages.
- Memorandum of law
- Up to 25 pages
- Page limit
- Up to 10 pages
Letters may not exceed 3 single-space pages in length (exclusive of exhibits).
- Letter
- Up to 3 pages
Letter-Motions may not exceed three (3) pages in length, exclusive of attachments, which should be kept to a minimum.
- Letter motion
- Up to 3 pages
Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to 25 pages, and reply memoranda are limited to ten (10) pages.
- Motion
- Up to 25 pages
- Reply
- Up to 10 pages
Document Format Requirements6 rules
All moving papers, letter-motions, and letters filed on ECF or emailed to Chambers must be in searchable PDF form.
- File type
- Moving papers
- Letter motion
- Letter
All letters filed on ECF must be in searchable PDF form.
- File type
- Letter
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.
All moving papers, letter-motions, and letters filed on ECF or emailed to Chambers must be in searchable PDF form.
- File type
- Moving papers
- Letter motion
- Letter
All letters filed on ECF must be in searchable PDF form.
- File type
- Letter
Courtesy copies should bear the ECF header generated at the time of electronic filing and include protruding tabs for any exhibits.
- Courtesy copy
Formatting
- •ECF header
- •Protruding tabs for exhibits
Document Filing Requirements51 rules
The Confidential Information disclosed will be held and used by the person receiving such information solely for use in connection with the action.
In the event the party who received PII experiences a data breach, it shall immediately notify the producing party of same and cooperate with the producing party to address and remedy the breach.
PII must be maintained securely and shared only with authorized individuals.
Court's wording
Any Personally Identifying Information (“PII”) (e.g., social security numbers, financial account numbers, passwords, and information that may be used for identity theft) exchanged in discovery shall be maintained by the receiving party in a manner that is secure and confidential and shared only with authorized individuals in a secure manner.
Must inform recipients of confidentiality and require signed agreement before disclosure.
Court's wording
Prior to disclosing or displaying the Confidential Information to any person, counsel must: a. Inform the person of the confidential nature of the information or documents; b. Inform the person that this Court has enjoined the use of the information or documents by him/her for any purpose other than this litigation and has enjoined the disclosure of the information or documents to any other person; and c. Require each such person to sign an agreement to be bound by this Order in the form attached as Exhibit A.
Confidential information must be returned or destroyed within 30 days after final judgment, except counsel may retain working files.
Court's wording
At the conclusion of litigation, Confidential Information and any copies thereof shall be promptly (and in no event later than 30 days after entry of final judgment no longer subject to further appeal) returned to the producing party or certified as destroyed, except that the parties’ counsel shall be permitted to retain their working files on the condition that those files will remain protected.
In cases where confidential information will be exchanged, the parties must utilize the Court’s model Protective Order found at https://nysd.uscourts.gov/rules/ecf-related-instructions;
The parties shall use the form Proposed Case Management Plan template for Pro Se Cases found at https://www.nysd.uscourts.gov/hon-valerie-figueredo
If an unreported case is not available on Westlaw, the party must attach the case(s) to their papers as an exhibit.
The discovery Letter-Motion must certify that an in-person or telephonic conference occurred and state its date and time, duration, participants, the adversary’s position on each issue, and that the moving party communicated the impasse and intent to request a Court conference.
- Document
- Discovery letter motion
Must include
- •Certificate of conference
Court's wording
Additionally, in 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 particular must state: (1) the date and time of such conference; (2) the approximate duration of the conference; (3) the names of the attorneys who participated in the conference; (4) the adversary’s position as to each issue being raised (as stated by the adversary during the in-person or telephone 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.
The Letter-Motion must clearly set forth the issues in dispute and the relief sought.
Each motion and opposition must include a memorandum of law with a fact section stating relevant facts and specific citations to separately filed supporting documents; facts may not be supplied by incorporation by reference.
Court's wording
A memorandum of law must accompany all motions and oppositions thereto. See Local Civil Rule 7.1. The memorandum of law must set forth all pertinent facts, which may not be accomplished by incorporating by reference other documents, such as affidavits or statements under Local Civil Rule 56.1. Instead, the memorandum must contain a fact section that sets forth all facts relevant to the motion and, for each factual statement, provides one or more citations (with specific page or paragraph numbers) to pleadings, declarations, affidavits, or other documents that have been separately filed.
Memoranda of ten (10) pages 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
Where a party seeks summary judgment against a pro se litigant, the party must also comply with the notice requirements for Local Civil Rule 56.2.
The Pretrial Statement must be sworn by the party to be true and accurate based on the facts known by the party.
In addition, each party must file a trial memorandum of law identifying the issues, summarizing the facts and applicable law, and addressing any evidentiary issues.
d. Pro Se Cases. No Joint Pretrial Order is required in pro se cases. Instead, within 30 days after the completion of discovery each party shall file its own Pretrial Statement.
In jury cases, the parties must jointly file (a) proposed jury instructions, (b) proposed voir dire questions, and (c) where applicable, a proposed verdict form.
A pro se party’s Pretrial Statement must concisely state the facts to be proved and list planned evidence and trial witnesses with their addresses.
- Document
- Pretrial statement
Must include
- •Statement of facts
Court's wording
The pro se party’s Pretrial Statement must be concise and contain the following: (1) a statement of the facts the party hopes to prove at trial; (2) a list of all documents or other physical objects that the party plans to put into evidence at trial; and (3) a list of the names and addresses of all witnesses the party intends to have testify at trial.
All requests to charge, objections, and alternatives must include citations to controlling authority.
In nonjury cases, parties must file proposed findings of fact and conclusions of law.
The original Pretrial Statement must indicate the date a copy was mailed to another party or that party’s attorney.
Each party must submit a 5-page confidential letter 7 days before settlement conference with specific content requirements.
Court's wording
No later than seven days before the conference, each party must send to the Court a letter of no longer than five (5) 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 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) any case law authority relevant to settlement discussions; (4) the history of settlement discussions, if any, including any prior offers or demands; (5) the settlement value of the case and rationale for it; and (6) that party’s most recent demand or response to the most recent demand.
ECF citations must include ECF docket number and page number.
Court's wording
Citations to all documents filed on ECF must include the ECF docket number and ECF page number. For example, citations to an exhibit accompanying a declaration would appear as “ECF No. 123-4 at 10,” rather than as “Smith Decl. Ex. 4 at 10.”
Except for Pro Se Cases, parties must meet and confer on a discovery plan before the Initial Case Management Conference.
- Document
- Discovery plan
Must include
- •Meet and confer
Each party must submit a Case Report and Proposed Case Management Plan for Pro Se Cases one week before the scheduled conference in conformance with the procedures in Section I above.
One week before the Initial Case Management Conference, the parties must file on ECF a Report on Rule 26(f) Conference and Proposed Case Management Plan.
Any responsive letter should be submitted within three (3) business days after submission of the Letter-Motion.
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.
Letter-Motion must certify discovery conference details including date, time, duration, participants, adversary position, and impasse notification.
- Document
- Letter motion
Must include
- •Adversary position
- •Conference date time
Court's wording
In 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 particular must state: (1) the date and time of such conference; (2) the approximate duration of the conference; (3) the names of the attorneys who participated in the conference; (4) the adversary’s position as to each issue being raised (as stated by the adversary during the in-person or telephone 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.
Memoranda of ten (10) pages 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
Sur-reply memoranda will not be accepted without prior permission of the Court.
Where a party seeks summary judgment against a pro se litigant, the party must also comply with the notice requirements for Local Civil Rule 56.2.
Counsel must provide pro se litigants with printed copies of unreported or database-only decisions.
Must include
- •Printed copies for pro se
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.
Where a party moves to dismiss or for judgment on the pleadings against a pro se litigant and refers to matters outside the pleadings, counsel must serve and file the notice set forth in Local Civil Rule 12.1.
In jury cases, the parties must jointly file (a) proposed jury instructions, (b) proposed voir dire questions, and (c) where applicable, a proposed verdict form. To the extent a party objects to another party’s requested jury charge, voir dire questions, or verdict form, the joint submission should include the objecting party’s (1) grounds for objection (or refer to the joint pretrial memorandum for a full discussion of the objection), and (2) proposed alternative. All requests to charge, objections, and alternatives must include citations to controlling authority. In addition to filing on ECF the voir dire questions, requests to charge, and/or verdict sheets, electronic copies of this joint submission must also be sent to Chambers. The electronic copies should be sent as Microsoft Word documents via email to: FigueredoNYSDChambers@nysd.uscourts.gov
Pro se pretrial statements require original filing with Pro Se Office and service on other parties
Court's wording
The party must file an original Statement with the Court’s Pro Se Office and serve a copy on all other parties or their counsel if represented. The original Pretrial Statement must indicate the date a copy was mailed to another party or that party’s attorney.
Pro se cases require individual pretrial statements with specific content and service requirements
- Document
- Pro se pretrial statement
Must include
- •Statement of facts
Court's wording
No Joint Pretrial Order is required in pro se cases. Instead, within 30 days after the completion of discovery each party shall file its own Pretrial Statement. The pro se party’s Pretrial Statement must be concise and contain the following: (1) a statement of the facts the party hopes to prove at trial; (2) a list of all documents or other physical objects that the party plans to put into evidence at trial; and (3) a list of the names and addresses of all witnesses the party intends to have testify at trial. The Pretrial Statement must be sworn by the party to be true and accurate based on the facts known by the party. The party must file an original Statement with the Court’s Pro Se Office and serve a copy on all other parties or their counsel if represented. The original Pretrial Statement must indicate the date a copy was mailed to another party or that party’s attorney.
Nonjury cases require proposed findings, conclusions, and trial memorandum with Word copies to chambers
Court's wording
In nonjury cases, parties must file proposed findings of fact and conclusions of law. In addition, each party must file a trial memorandum of law identifying the issues, summarizing the facts and applicable law, and addressing any evidentiary issues. In addition to filing on ECF, these materials must also be submitted to the Court as Mircrosoft Word documents and sent via email to: FigueredoNYSDChambers@nysd.uscourts.gov
In all cases, motions in limine addressing any evidentiary or other issues must be filed at the same time as the Joint Pretrial Order
- Document
- Motion in limine
Must include
- •Addressing any evidentiary or other issues
The parties should meet and confer if any production requires a designation of “For Attorneys’ or Experts’ Eyes Only.”
Must include
- •Attorneys experts eyes only
- •For Attorneys' or Experts' Eyes Only
Citations to all documents filed on ECF must include the ECF docket number and ECF page number.
When citing unreported cases, citations shall be to Westlaw.
The letter should explain why the modifications are needed and note any disagreements between the parties regarding the modifications from the Court’s model.
Parties may request a different protective order by filing an ECF letter request with a proposed order that shows the differences in a blackline comparison.
- Document
- Protective order request
Include
- •Proposed order
Court's wording
provided, however, the parties may apply for a protective order that differs from ===== PAGE 4 ===== 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.
Simply attaching copies of correspondence between counsel does not satisfy these requirements.
To the extent a party objects to another party’s requested jury charge, voir dire questions, or verdict form, the joint submission should include the objecting party’s (1) grounds for objection (or refer to the joint pretrial memorandum for a full discussion of the objection), and (2) proposed alternative.
An exchange of letters or emails alone does not satisfy this requirement.
Inadvertent disclosure of privileged/ESI does not waive privilege under FRE 502.
Court's wording
Pursuant to Federal Rule of Evidence 502, the production of privileged or work- product protected documents or communications, electronically stored information (“ESI”) or information, whether inadvertent or otherwise, shall not constitute a waiver of the privilege or protection from discovery in this case or in any other federal or state proceeding.
When citing unreported cases, parties shall use Westlaw citations whenever possible.
Lead counsel for the parties is expected to attend the Initial Case Management Conference.
Counsel encouraged to move in alternative for summary judgment against pro se litigants to clarify relevant facts.
Court's wording
In such situations, counsel is strongly encouraged to move in the alternative for summary judgment so that the pro se litigant understands, based on the Local Civil Rule 56.1 submission, which facts are relevant to the motion.
Filing & Service rules
Electronic Filing Rules
A nonincarcerated pro se party seeking to participate in ECF must file a Motion for Permission for Electronic Case Filing.
Any nonincarcerated pro se party who wishes to participate in ECF must file a Motion for Permission for Electronic Case Filing, available in the Pro Se Intake unit or at https://nysd.uscourts.gov/node/844.
Page 2 | I.d. Pro Se Parties
The specified documents, including proposed sealed documents, must be filed electronically through ECF in accordance with the cited procedures.
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
Counsel should select the “Letter-Motion” option when filing on ECF.
Counsel should select the “Letter-Motion” option when filing on ECF.
Page 4 | II.c.2. Letter-Motion for Discovery Conference
Filing Timing and Cure Windows
In pro se cases, each party must submit a Case Report and Proposed Case Management Plan one week before the scheduled conference, following Section I procedures.
Each party must submit a Case Report and Proposed Case Management Plan for Pro Se Cases one week before the scheduled conference in conformance with the procedures in Section I above.
Page 3 | II.a.1. Pro Se Cases
In non-pro se cases, the parties must file the Rule 26(f) Conference Report and Proposed Case Management Plan on ECF one week before the Initial Case Management Conference.
One week before the Initial Case Management Conference, the parties must file on ECF a Report on Rule 26(f) Conference and Proposed Case Management Plan.
Page 3 | II.a. Initial Case Management Conference
Motions in limine addressing evidentiary or other issues must be filed at the same time as 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.
Page 8 | e.3. In all cases
Unless the Court orders otherwise, the specified pretrial materials must be filed at the same time as the Joint Pretrial Order.
Unless otherwise ordered, the following must be filed at the same time as the filing of the Joint Pretrial Order:
Page 8 | e. Filings Before Trial
A responsive letter should be submitted within three business days after the Letter-Motion is submitted.
Any responsive letter should be submitted within three (3) business days after submission of the Letter-Motion.
Page 4 | II.c.3. Briefing Schedule
Service and Proof of Service Rules
Unless the Court orders otherwise, communications are docketed upon receipt, and docketing constitutes service on every ECF user.
Unless the Court orders otherwise, all communications with the Court will be docketed upon receipt; such docketing shall constitute service on any user of the ECF system.
Page 1 | I.d. Pro Se Parties
A pro se party must send each filing to any party who is not an ECF user and include proof of service.
If any other party is not a user of the ECF system (e.g., if there is another pro se party in the case), a pro se party must send copies of any filing to the party and include proof of service affirming that he or she has done so.
Page 2 | I.d. Pro Se Parties
Counsel must give pro se litigants printed copies of cited decisions that are unreported or available only in computerized databases.
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.
Page 6 | III.e. Motions in Pro Se Cases
When a dismissal or pleadings-judgment motion against a pro se litigant refers to matters outside the pleadings, counsel must serve and file the Local Civil Rule 12.1 notice.
Where a party moves to dismiss or for judgment on the pleadings against a pro se litigant and refers to matters outside the pleadings, counsel must serve and file the notice set forth in Local Civil Rule 12.1.
Page 6 | III.e. Motions in Pro Se Cases
The party must file the original Pretrial Statement with the Pro Se Office and serve a copy on every other party or represented party’s counsel.
The party must file an original Statement with the Court’s Pro Se Office and serve a copy on all other parties or their counsel if represented.
Page 8 | d. Pro Se Cases
A nonincarcerated pro se party may opt into electronic service instead of regular mail by filing the specified consent and registration form.
Any nonincarcerated pro se party who wishes to receive documents in their case electronically (by email) instead of by regular mail may consent to electronic service by filing a Pro Se (Nonprisoner) Consent & Registration Form to Receive Documents Electronically, available in the Pro Se Intake Unit or at https://nysd.uscourts.gov/node/845.
Page 2 | I.d. Pro Se Parties
Courtesy Copy Requirements
Tabbed binders containing courtesy copies of trial exhibits and deposition designations are to be provided to the party and the Court.
party, and the Court, with a tabbed binder or binders containing courtesy copies of its trial exhibits and deposition designations.
Page 9
Email required letter and acknowledgment form 7 days before conference; submit courtesy copy if exhibits exceed 10 pages.
This letter must be received by the Court no later than midnight seven days before the settlement conference. This letter, along with the Acknowledgment Form that appears following this Standing Order, must be sent to the Court by email to: FigueredoNYSDchambers@nysd.uscourts.gov. A courtesy copy of the letter and any exhibits shall be submitted to the Court if the exhibits to the letter exceed 10 pages.
Page 1 | Standing Order Applicable to Settlement Conferences Before Magistrate Judge Figueredo
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 the cover page, should be submitted to Chambers promptly after filing.
Page 4 | Courtesy Copies
Electronic courtesy copies of jury materials must be sent to chambers as Word documents
In addition to filing on ECF the voir dire questions, requests to charge, and/or verdict sheets, electronic copies of this joint submission must also be sent to Chambers. The electronic copies should be sent as Microsoft Word documents via email to: FigueredoNYSDChambers@nysd.uscourts.gov
Page 8 | Filings Before Trial - Jury Cases
Nonjury pretrial materials require Word format courtesy copies to chambers
In addition to filing on ECF, these materials must also be submitted to the Court as Mircrosoft Word documents and sent via email to: FigueredoNYSDChambers@nysd.uscourts.gov
Page 8 | Filings Before Trial - Nonjury Cases
Courtesy copies of discovery Letter-Motions are not required unless the attached exhibits exceed 50 pages; then one copy marked on the cover page should be submitted to Chambers promptly after filing.
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 the cover page, should be submitted to Chambers promptly after filing.
Page 4 | II.c.4. Courtesy Copies
Courtesy copies should bear the ECF header generated at the time of electronic filing and include protruding tabs for any exhibits.
Courtesy copies should bear the ECF header generated at the time of electronic filing and include protruding tabs for any exhibits.
Page 4 | II.c.4. Courtesy Copies
Do not submit courtesy copies unless the Court requests them; requested copies should bear the ECF header.
Unless otherwise requested by the Court, courtesy copies should not be submitted. If requested, courtesy copies should bear the ECF header
Page 5 | III.c. Courtesy Copies
The document generated at electronic filing must include protruding tabs for any exhibits.
generated at the time of electronic filing and include protruding tabs for any exhibits.
Page 6 | III.c. Courtesy Copies
Courtesy copies should not be submitted unless Court requests them.
Unless otherwise requested by the Court, courtesy copies should not be submitted.
Page 5 | III. Motions Other than Discovery Motions
Sealing & Redaction Procedures
Unless the Court orders otherwise, a party seeking to file a document or part of one under seal must follow the stated procedures by the filing due date.
Unless otherwise ordered, any party wishing to file a document or portion thereof under seal must comply with the following procedures on or before the date on which the relevant filing is due.
Page 2 | I.g. Electronic Filing Under Seal
Sensitive information described in Federal Rule of Civil Procedure 5.2 must be redacted from public filings without prior Court permission.
Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior Court permission.
Page 2 | I.g.1. Sealing/Redactions Not Requiring Court Approval
Filing under seal requires Court permission.
Filing under seal requires permission of the Court.
Page 2 | I.g. Electronic Filing Under Seal
Court permission required to file documents under seal.
Filing under seal requires permission of the Court.
Page 2 | Communications with Chambers
Confidential information in discovery does not automatically require sealing; parties must follow court procedures for sealing requests.
Notwithstanding the designation of information as “Confidential” in discovery, there is no presumption that such information shall be filed with the Court under seal. The parties shall follow the Court’s procedures for requests for filing under seal.
Civil cases
Letters containing sensitive or confidential information that a party does not want on the docket should follow the sealing procedures in Section I.G.
Any letter containing sensitive or confidential information that a party does not wish to appear on the docket should follow the procedures outlined in Section I.G. below.
Page 1 | I.a. Letters
The stated sealing procedures apply only to motions and applications before Judge Figueredo.
These procedures only apply to motions and applications before Judge Figueredo.
Page 2 | I.g. Electronic Filing Under Seal
Parties are advised to consult S.D.N.Y. ECF Rules 21.3 and 21.4 regarding sealing and redactions.
Parties should also consult the S.D.N.Y. Electronic Case Filing Rules & Instructions, Rules 21.3 and 21.4, available at https://www.nysd.uscourts.gov/rules/ecf-related-instructions.
Page 2 | I.g.1. Sealing/Redactions Not Requiring Court Approval
Pre-Motion Conference Requirements
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.
Page 3 | II.a. Initial Case Management Conference
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.
Page 4 | II.c.2. Letter-Motion for Discovery Conference
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.
Page 4 | II.c.1. Requirement to Meet and Confer
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.
Page 5 | III. Motions Other than Discovery Motions
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.
Page 4 | II.c.1. Requirement to Meet and Confer
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.
Page 4 | II.c.1. Requirement to Meet and Confer
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.
Page 5 | III.a. Briefing Schedule
A sur-reply memorandum requires prior Court permission to be accepted.
Sur-reply memoranda will not be accepted without prior permission of the Court.
Page 5 | III.b. Memoranda of Law
The Court prefers to address discovery letter-motions at a conference, and will set a briefing schedule there if formal briefing is needed.
The Court’s preference is to hold a conference with the parties to address discovery disputes raised by a Letter-Motion. The Court will endeavor 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.
Page 5 | Discovery Conference/Oral Argument on Letter-Motions
A premotion conference is not required for non-discovery motions, but counsel may request one by Letter-Motion when it may avoid the motion or narrow the dispute.
A premotion conference is not required before a party may file a motion (other than a discovery motion). A party, however, may request a premotion conference by Letter-Motion where counsel believes that an informal conference with the Court may obviate the need for the motion or reduce the issues in dispute. Counsel should select the “Letter-Motion” option on ECF for filing such a request for a conference.
Page 5 | III.a. Briefing Schedule
A party may request oral argument by Letter-Motion, but the Court decides whether to hear argument and provides the date and time if it does.
Parties may request oral argument by Letter- Motion. Counsel should select the “Letter-Motion” option on ECF for filing such a request. The Court will determine whether argument will be heard and, if so, will advise counsel of the argument date and time.
Page 6 | III.d. Oral Argument on Motions
Pre-motion conference not required for non-discovery motions but may be requested by Letter-Motion.
A premotion conference is not required before a party may file a motion (other than a discovery motion). A party, however, may request a premotion conference by Letter-Motion where counsel believes that an informal conference with the Court may obviate the need for the motion or reduce the issues in dispute.
Page 5 | III. Motions Other than Discovery Motions
Opposition and reply papers due per Local Civil Rule 6.1 unless otherwise ordered.
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.
Page 5 | III. Motions Other than Discovery Motions
Parties may request oral argument by Letter- Motion. Counsel should select the “Letter-Motion” option on ECF for filing such a request. The Court will determine whether argument will be heard and, if so, will advise counsel of the argument date and time.
Parties may request oral argument by Letter- Motion. Counsel should select the “Letter-Motion” option on ECF for filing such a request. The Court will determine whether argument will be heard and, if so, will advise counsel of the argument date and time.
Page 6 | III. Motions Other than Discovery Motions
Adjournment & Extension Requirements
Adjournment and extension requests must be made by Letter-Motion after consulting affected parties and include the original date, prior request count, reason, and consent status or adversary’s reasons for refusing.
Requests to adjourn a court conference or court proceeding (including a telephonic court conference) or to 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 an adjournment or extension; (3) the reason for the requested extension; and (4) whether all affected parties consent and, if not, the reasons given by the adversary for refusing to consent.
Page 2 | I.e. Requests for Adjournments or Extensions of Time
Unless an unforeseeable emergency exists, an adjournment request must be made at least 72 hours before the proceeding and include at least two dates when all counsel are available.
Absent unforeseeable emergencies, all requests for an adjournment of a court conference or other court proceeding (including a telephonic conference) must be made at least 72 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.e. Requests for Adjournments or Extensions of Time
If the party wishes to postpone by more than 45 days, an adjournment 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.
If the party wishes to postpone by more than 45 days, an adjournment 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.
Page 2 | Standing Order Applicable to Settlement Conferences Before Magistrate Judge Figueredo
Adjournment requests must be made promptly; no cause needed if >14 days before conference, reasons required if <14 days.
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.
Page 2 | Standing Order Applicable to Settlement Conferences Before Magistrate Judge Figueredo
Adjournment required if it would enable discovery or allow in-person attendance instead of telephone.
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) 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.
Page 2 | Standing Order Applicable to Settlement Conferences Before Magistrate Judge Figueredo
For adjournments within 45 days, contact chambers for date, confirm with all parties, then file agreed Letter-Motion via ECF.
To seek a new date within 45 days of the originally-scheduled conference, contact Chambers at (212) 805-0298 to obtain an alternative date and time. Counsel must then immediately consult with all other counsel as to their, their clients’, and their insurer’s availability on the new date. The party must then file a Letter-Motion via ECF in accordance with Magistrate Judge Figueredo’s Individual Practices requesting the new date and time and indicating that it is agreed by all parties.
Page 2 | Standing Order Applicable to Settlement Conferences Before Magistrate Judge Figueredo
Adjournment/extension requests must be Letter-Motions with specific required elements.
Requests to adjourn a court conference or court proceeding (including a telephonic court conference) or to 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 an adjournment or extension; (3) the reason for the requested extension; and (4) whether all affected parties consent and, if not, the reasons given by the adversary for refusing to consent.
Page 2 | Communications with Chambers
Adjournment requests must be made 72 hours in advance with 2 proposed dates.
Absent unforeseeable emergencies, all requests for an adjournment of a court conference or other court proceeding (including a telephonic conference) must be made at least 72 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 | Communications with Chambers
Non-resident parties may request exemption from in-person attendance requirement.
If a party does not reside in the jurisdiction, they may request an exemption from this requirement to attend in person.
Page 1 | Standing Order Applicable to Settlement Conferences Before Magistrate Judge Figueredo
Telephone attendance permitted for parties >100 miles away if great hardship to attend in person.
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.
Page 2 | Standing Order Applicable to Settlement Conferences Before Magistrate Judge Figueredo
Chambers Communication Rules
Pro se parties may not call Chambers or send documents or filings directly to Chambers.
A pro se party may not call Chambers or send any document or filing directly to Chambers.
Page 1 | I.d. Pro Se Parties
A pro se party must mail all Court communications to the Pro Se Intake Unit at the stated address.
By Standing Order, a pro se party must mail all communications with the Court to the Pro Se Intake Unit located at 500 Pearl St., Room 230, New York, NY 10007.
Page 1 | I.d. Pro Se Parties
Nonjury proposed findings and conclusions and trial memoranda must be filed on ECF and also submitted to the Court as Microsoft Word documents by email to the stated Chambers address.
In addition to filing on ECF, these materials must also be submitted to the Court as Mircrosoft Word documents and sent via email to: FigueredoNYSDChambers@nysd.uscourts.gov
Page 8 | e.2. Nonjury Cases
In jury cases, the specified materials must be filed on ECF and electronic copies of the joint submission must also be emailed to Chambers as Microsoft Word documents at the stated address.
In addition to filing on ECF the voir dire questions, requests to charge, and/or verdict sheets, electronic copies of this joint submission must also be sent to Chambers. The electronic copies should be sent as Microsoft Word documents via email to: FigueredoNYSDChambers@nysd.uscourts.gov
Page 8 | e.1. Jury Cases
Emails to chambers only for urgent matters or with prior permission.
Emails to Chambers are only permitted for urgent matters requiring immediate attention or when otherwise expressly permitted by the Court in advance.
Page 1 | Communications with Chambers
Fax communications require prior permission from chambers.
No faxed communications shall be permitted without prior permission from Chambers.
Page 1 | Communications with Chambers
Fax communications are prohibited unless Chambers gives prior permission.
No faxed communications shall be permitted without prior permission from Chambers.
Page 1 | I.b. Emails & Faxes
Pro se submissions requiring immediate attention should be hand-delivered to the Pro Se Intake Unit.
Submissions requiring immediate attention should be hand-delivered to the Pro Se Intake Unit.
Page 1 | I.d. Pro Se Parties
Court communications should be filed as letters through ECF without emailing or sending another copy to Chambers.
Communications with the Court should be by letter, via electronic case filing (“ECF”), without email or other copy to Chambers.
Page 1 | I.a. Letters
Requests or questions to Chambers outside the permitted email circumstances should be made only by letter.
In any other circumstances, requests or questions to Chambers should be made by letter only.
Page 1 | I.b. Emails & Faxes
Email to Chambers is permitted only for urgent matters requiring immediate attention or when the Court expressly permits it in advance.
Emails to Chambers are only permitted for urgent matters requiring immediate attention or when otherwise expressly permitted by the Court in advance.
Page 1 | I.b. Emails & Faxes
Pro se parties must not send the Court copies of correspondence exchanged with opposing parties.
Copies of correspondence between a pro se party and opposing parties shall not be sent to the Court.
Page 2 | I.d. Pro Se Parties
Permitted hand deliveries should be left with Court Security Officers at the Worth Street entrance 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.f. Hand Deliveries
For difficulties using ECF, call the ECF help desk at (212) 805-0800.
If you are encountering difficulties using ECF, call the ECF help desk at (212) 805-0800.
Page 1 | I.c. Telephone Calls
Questions may be directed to the Pro Se Unit at (212) 805-0175.
Questions can be directed to the pro se unit at (212) 805-0175.
Page 2 | I.d. Pro Se Parties
Email Chambers at the specified address about docketing, scheduling, and calendar matters.
For docketing, scheduling, and calendar matters, email FigueredoNYSDChambers@nysd.uscourts.gov.
Page 3 | I.h. Docketing, Scheduling, and Calendar Matters
Junior Lawyer Participation Incentives
Junior attorneys are invited to argue motions they helped prepare, and the Court may allow multiple attorneys to argue for one party to enable junior participation.
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 lawyer to argue for one party if this creates an opportunity for a junior lawyer to participate.
Page 6 | III.d. Oral Argument on Motions
Junior attorneys invited to argue motions they helped prepare; multiple attorneys permitted to create junior lawyer opportunities.
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 lawyer to argue for one party if this creates an opportunity for a junior lawyer to participate.
Page 6 | III. Motions Other than Discovery Motions