Judge Stewart D. Aaron — United States District Court, Southern District of New York

Consent to Proceed Before US Magistrate Judge

AO 85 (Rev. 02/17) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge UNITED STATES DISTRICT COURT for the __________ District of __________ ) ) ) ) ) Plaintiff v. Civil Action No. Defendant NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE Notice of a magistrate judge’s availability. A United States magistrate judge of this court is available to conduct all proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment. The judgment may then be appealed directly to the United States court of appeals like any other judgment of this court. A magistrate judge may exercise this authority only if all parties voluntarily consent. You may consent to have your case referred to a magistrate judge, or you may withhold your consent without adverse substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise be involved with your case. Consent to a magistrate judge’s authority. The following parties consent to have a United States magistrate judge conduct all proceedings in this case including trial, the entry of final judgment, and all post-trial proceedings. Printed names of parties and attorneys Signatures of parties or attorneys Dates Reference Order IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73. Date: District Judge’s signature Printed name and title Note: Return this form to the clerk of court only if you are consenting to the exercise of jurisdiction by a United States magistrate judge. Do not return this form to a judge. Print Save As... Reset

Consent to Proceed Before US Magistrate Judge Over a Specific Motion

AO 85A (Rev. 02/17) Notice, Consent, and Reference of a Dispositive Motion to a Magistrate Judge UNITED STATES DISTRICT COURT for the __________ District of __________ ) ) ) ) ) Plaintiff v. Civil Action No. Defendant NOTICE, CONSENT, AND REFERENCE OF A DISPOSITIVE MOTION TO A MAGISTRATE JUDGE Notice of a magistrate judge’s availability. A United States magistrate judge of this court is available to conduct all proceedings and enter a final order dispositive of each motion. A magistrate judge may exercise this authority only if all parties voluntarily consent. You may consent to have motions referred to a magistrate judge, or you may withhold your consent without adverse substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise be involved with your case. Consent to a magistrate judge’s consideration of a dispositive motion. The following parties consent to have a United States magistrate judge conduct any and all proceedings and enter a final order as to each motion identified below (identify each motion by document number and title). Motions: Printed names of parties and attorneys Signatures of parties or attorneys Dates Reference Order IT IS ORDERED: The motions are referred to a United States magistrate judge to conduct all proceedings and enter a final order on the motions identified above in accordance with 28 U.S.C. § 636(c). Date: District Judge’s signature Printed name and title Note: Return this form to the clerk of court only if you are consenting to the exercise of jurisdiction by a United States magistrate judge. Do not return this form to a judge. Print Save As... Reset

Individual Practices

Revised: September 8, 2025 INDIVIDUAL PRACTICES OF MAGISTRATE JUDGE STEWART D. AARON Chambers Daniel Patrick Moynihan Courthouse 500 Pearl Street, Room 1970 New York, NY 10007 Email: Aaron_NYSDChambers@nysd.uscourts.gov Courtroom Daniel Patrick Moynihan Courthouse 500 Pearl Street, Courtroom 11C New York, NY 10007 Unless otherwise ordered by Judge Aaron or provided in the Local Rules of the United States District Courts for the Southern and Eastern Districts of New York (the “Local Civil Rules”), civil matters before him shall be conducted in accordance with the following individual practices.1 These practices are applicable to cases before Judge Aaron if the matter is within the scope of the District Judge’s Order of Reference or if the parties consent to have the case before Judge Aaron for all purposes pursuant to 28 U.S.C. § 636(c). Should the parties wish to have Judge Aaron preside over their case for all purposes, the necessary form is available at: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf.
I. Communications With Chambers A. Letters. In general, communications with the Court should be by letter, via electronic case filing (“ECF”), without email or other copy to Chambers. Letters may not exceed 3 pages in length, exclusive of attachments, which should be kept to a minimum. B. Pro Se Parties. By Standing Order, a pro se party must mail all communications with the Court to the Pro Se Intake Unit located at 500 Pearl Street, Room 250, New York, NY 10007. A pro se party may not call Chambers or send any document or filing directly to Chambers. Submissions requiring immediate attention should be hand-delivered to the Pro Se Intake unit. Any non-incarcerated 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.2 Any non-incarcerated pro se party who wishes to receive documents by email instead of by regular mail may consent to electronic service by filing a Pro Se (Non-Prisoner) Consent & Registration Form to Receive Documents Electronically, available in the Pro Se Intake Unit.3 C. Requests For Adjournments Or Extensions Of Time. Requests to adjourn a court 1 Requests for reasonable accommodations on account of disability with respect to these rules may be sent by email to Aaron_NYSDChambers@nysd.uscourts.gov.
A Motion for Permission for Electronic Case Filing may also be found at: https://nysd.uscourts.gov/sites/default/files/2019-04/2012-prosemotionecffiling-final.pdf. 3 A Pro Se (Non-Prisoner) Consent & Registration Form to Receive Documents Electronically may also be found at: https://nysd.uscourts.gov/sites/default/files/2018-06/proseconsentecfnotice-final.pdf.

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 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.
If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order must be attached.

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. D. Hand Deliveries. 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. E. Request For Device Orders. 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 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.

4 Standing Order M10-468 is available at: https://nysd.uscourts.gov/sites/default/files/2018-06/standing- order-electronic-devices.pdf. An Electronic Devices General Purpose Form may be found at: https://nysd.uscourts.gov/sites/default/files/2018- 06/Fillable%20Form%20for%20Electronic%20Devices%20General%20Purpose%20.pdf.

II. Discovery Disputes A. Requirement To Meet And Confer. 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. Counsel must respond promptly and in good faith to any request from another party to confer in accordance with this paragraph. B. Letter-Motion For Discovery Conference. If the parties have met and conferred but cannot 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. 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. 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 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.
None of these requirements may be satisfied by submitting copies of correspondence between counsel. 1. Briefing Schedule. 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. Letters in opposition and replies may not exceed three pages in length exclusive of attachments, which should be kept to a minimum. If the parties have agreed to a different briefing schedule, they must so inform the Court, either in the moving letter or as soon as agreement is reached. If the Letter-Motion requests emergent or expedited relief, opposing counsel are advised to file any opposition as promptly as possible.

Courtesy Copies. Courtesy copies of Letter-Motions are not required unless the attached exhibits exceed ten pages, in which case one courtesy copy, marked as such, should submitted to Chambers promptly after filing. 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. 3. Redactions And Filing Under Seal Pursuant to Rule 5.2 Of The Federal Rule of Civil Procedure. Rule 5.2 of the Federal Rules of Civil Procedure describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court. These redactions and/or sealing may be performed without Court approval. 4. Redactions And Filing Under Seal Through ECF. 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. 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.
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. However, the parties are cautioned that the designation of documents as “confidential” for discovery purposes does not, without more, justify a sealing order. Thus, the letter must explain 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. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-21 (2d Cir. 2006). If a sealing request is based on another party’s designation of documents or information as “confidential,” the parties shall confer and jointly submit the request for sealing.

6 See Electronic Case Filing Rules & Instructions, U.S. Dist. Court S.D.N.Y. (July 24, 2023), https://www.nysd.uscourts.gov/sites/default/files/pdf/ecf_rules/ECF%20Rules%2020230724%20TH%20 FINAL.pdf.

If the Court does not approve the request for filing under seal, Chambers will cause the unredacted sealed document to be unrestricted and available on the public docket. 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.
C. Discovery Conferences/Oral Argument On Letter-Motions. It is the Court’s practice to hold a conference with the parties, where appropriate, to address any discovery disputes raised by Letter-Motion. The Court will decide the discovery dispute after the conference, based on the parties’ letters and matters discussed during the conference, unless a party shows – by separate application – good cause why more formal briefing is required. Junior members of legal teams representing clients 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 a number of lawyers to argue for one party if this creates an opportunity for a junior lawyer to participate. The ultimate decision of who speaks on behalf of the client is for the lawyer in charge of the case, not for the Court. III. Motions (Other Than Discovery Motions) For motions other than discovery motions, a pre-motion conference is not required. A pre-motion conference may be requested 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. A. Briefing Schedule. Unless the Court has ordered otherwise or the parties have agreed to a different briefing schedule, opposition and reply papers with respect to formal motions will be due in accordance with Local Civil Rule 6.1. The parties are strongly encouraged to agree on a reasonable briefing schedule before the moving papers are filed. If the parties have agreed to such a schedule, they must so inform the Court, either in the moving party’s notice of motion or by letter as soon as agreement is reached. Should the parties thereafter agree to modify their briefing schedule, they must promptly inform the Court of the new schedule by letter. B. Memoranda of Law. The typeface, margins and spacing of motion papers must conform to Local Civil Rule 7.1, which requires all text to be in 12-point type or larger, except for text in footnotes which may be 10-point type; all documents must have at least one-inch margins on all sides; and all text must be double- spaced except for headings, text in footnotes, or block quotations, which may be single-spaced.

Unless prior permission has been granted, memoranda of law in support of and in opposition to motions may not exceed 8,750 words, and reply memoranda may not exceed 3,500 words.7 These limits do not include the caption, any index, table of contents, table of authorities, signature blocks, or any required certificates, but do include material contained in footnotes or endnotes. If a brief is filed by an attorney or prepared with a computer, it must include a certificate by the attorney, or party who is not represented by an attorney, that the document complies with the word‐count limitations. The person preparing the certificate may rely on the word count of the word‐processing program used to prepare the document. The certificate must state the number of words in the document. To the extent the court permits a party to submit briefs longer than these limits, and expresses those limits in pages, each additional page must not contain more than 350 additional words if the brief is filed by an attorney or prepared with a computer. C. Courtesy Copies. At the time the reply is filed, one courtesy copy of all formal motion papers, marked as such, shall be submitted to Chambers promptly after filing by the moving party.8 Courtesy copies should be printed on double-sided paper, three-hole punched and should bear the ECF header generated at the time of electronic filing. Materials should be neatly bound in one three-ring binders (if possible), with appropriate dividers and protruding tabs for any exhibits. The spines of the binders should be labeled to include the name of the case, the case number and the nature of the materials included in the binder. The non-moving party must provide the movant with a set of its motion papers in time for the movant to deliver all motion papers to the Court.
In the event that the courtesy copy would prove especially voluminous, counsel shall jointly email Chambers for further guidance. D. Oral Argument On Motions. Parties may request oral argument by letter. The Court will determine whether argument will be heard and, if so, will advise counsel of the argument date and time. As with Letter-Motions, junior members of legal teams representing clients 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 a number of lawyers to argue for one party if this creates an opportunity for a junior lawyer to participate. The ultimate decision of who

7 If the memoranda of law is filed by a party who is not represented by an attorney and is handwritten or prepared with a typewriter, briefs in support of and in response to a motion may not exceed 25 pages, and reply briefs may not exceed 10 pages.
8 If a party is proceeding pro se, one courtesy copy of all formal motion papers, marked as such, should be submitted to Chambers by the non-pro se party at the time the reply is due.

speaks on behalf of the client is for the lawyer in charge of the case, not for the Court. E. Redactions And Filing Under Seal. 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. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-21 (2d Cir. 2006). If a sealing request is based on another party’s designation of documents or information as “confidential,” the parties shall confer and jointly submit the request for sealing. However, the parties are cautioned that the designation of documents as “confidential” for discovery purposes does not, without more, justify a sealing order. If the Court does not approve the request for filing under seal, Chambers will cause the unredacted sealed document to be unrestricted and available on the public docket. 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.
IV. Pretrial Procedures For Consent Cases A. Applicability. The procedures set out below apply only to cases in which the parties have consented pursuant to 28 U.S.C. § 636(c) to have all proceedings before Judge Aaron, including trial. B. Joint Pretrial Order. 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. 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

email addresses of each principal member of the trial team. 3. A brief statement by plaintiff (or, in a removed case, by defendant) as to the basis of subject matter jurisdiction, and a brief statement by each other party as to the presence or absence of subject matter jurisdiction, including citations to all statutes relied on and relevant facts, such as citizenship and jurisdictional amount. 4. A brief summary by each party of the claims and defenses that party has asserted that remain to be tried, including citations to all statutes relied on, but without recital of evidentiary matter. 5. With respect to each claim remaining to be tried, a brief statement listing each element or category of damages sought with respect to such claim and a calculation of the amount of damages sought with respect to such element or category. 6. A statement by each party as to whether the case is to be tried with or without a jury, and the anticipated number of trial days needed. 7. Any stipulations or agreed to statements of fact or law. 8. A statement by each party as to the witnesses whose testimony is to be offered in its case in chief, indicating whether such witnesses will testify in person or by deposition. Absent extraordinary circumstances, a party may not call as a witness in its case in chief any person not listed in the Joint Pretrial Order. 9. A designation by each party of deposition testimony to be offered in that party’s case in chief, referencing page and line numbers, with any cross- designations and objections by any other party. If there is no objection or cross-designation, the Court will deem the opposing party to have waived any such objection or cross-designation. Absent extraordinary circumstances, a party may not offer in its case in chief deposition testimony that is not listed in the Joint Pretrial Order. 10. A list by each party of exhibits to be offered in its case in chief. Each exhibit shall be pre-marked (plaintiff to use numbers, defendant to use letters). For each exhibit as to which there is an objection, the party objecting must briefly specify, next to the listing for that exhibit, the nature of the party’s objection (e.g., “authenticity,” “hearsay,” “Rule 403”). Any objection not listed shall be deemed waived. Absent extraordinary circumstances, a party may not offer in its case in chief any exhibit not listed in the Joint Pretrial Order. 11. A proposed schedule by which the parties will exchange demonstrative exhibits that the parties intend to use at trial, notify each other of any objections thereto, consult with each other regarding those objections and notify the Court of any remaining disputes.

All other matters that the Court may have ordered or that the parties believe are important to the efficient conduct of the trial. C. Filings Prior to Trial. Unless otherwise ordered by the Court, each party shall file 15 days before the date of commencement of trial if such a date has been fixed (or 30 days after the filing of the final pretrial order if no trial date has been fixed): 1. In jury cases, requests to charge and proposed voir dire questions, and where applicable, a proposed special verdict form. 2. 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. 3. In all cases, motions addressing any evidentiary or other issues which should be resolved in limine. D. Marking Exhibits for Trial. 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.

Model Protective Order

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

, Plaintiff(s), -against- , Defendant(s).

-cv- ( ) (SDA) PROTECTIVE ORDER
STEWART D. AARON, United States Magistrate Judge: WHEREAS, all the parties to this action (collectively, the “Parties,” and individually, a “Party”) request that this Court issue a protective order pursuant to Federal Rule of Civil Procedure 26(c) to protect the confidentiality of certain nonpublic and confidential material that will be exchanged pursuant to and during the course of discovery in this case; and

WHEREAS, the Parties, through counsel, agree to the following terms; and

WHEREAS, the Parties acknowledge that this Protective Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords only extends to the limited information or items that are entitled, under the applicable legal principles, to confidential treatment; and

WHEREAS, the Parties further acknowledge that this Protective Order does not create entitlement to file confidential information under seal; and

WHEREAS, in light of these acknowledgements, and based on the representations of the Parties that discovery in this case will involve confidential documents or information the public disclosure of which will cause harm to the producing person and/or third party to whom a duty of confidentiality is owed, and to protect against injury caused by dissemination of confidential documents and information, this Court finds good cause for issuance of an appropriately tailored confidentiality order governing the pretrial phase of this action.

IT IS HEREBY ORDERED that any person subject to this Protective Order—including without limitation the parties to this action, their representatives, agents, experts and consultants, all third parties providing discovery in this action, and all other interested persons with actual or constructive notice of this Protective Order—shall adhere to the following terms:

Any person subject to this Protective Order who receives from any other person subject to this Protective Order any “Discovery Material” (i.e., information of any kind produced or disclosed pursuant to and in course of discovery in this action) that is designated as “Confidential” pursuant to the terms of this Protective Order (hereinafter “Confidential Discovery Material”) shall not disclose such Confidential Discovery Material to anyone else except as expressly permitted hereunder.

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.

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 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

transcript of the designated testimony (consisting of question and answer) in a separate volume and mark it as “Confidential Information Governed by Protective Order”; or (b) notifying the reporter and all counsel of record, in writing, within 30 days after a deposition has concluded, of the specific pages and lines of the transcript and/or the specific exhibits that are to be designated Confidential, in which case all counsel receiving the transcript will be responsible for marking the copies of the designated transcript or exhibit (as the case may be), in their possession or under their control as directed by the producing person or that person’s counsel by the reporter. During the 30-day period following the conclusion of a deposition, the entire deposition transcript will be treated as if it had been designated Confidential.

If at any time prior to the trial of this action, a producing person realizes that some portion(s) of Discovery Material that she, he or it previously had produced without limitation should be designated as Confidential, she, he or it may so designate by so apprising all prior recipients of the Discovery Material in writing, and thereafter such designated portion(s) of the Discovery Material thereafter will be deemed to be and treated as Confidential under the terms of this Protective Order.

No person subject to this Protective Order other than the producing person shall disclose any of the Discovery Material designated by the producing person as Confidential to any other person whomsoever, except to:

(a) the Parties to this action, their insurers, and counsel to their insurers;

(b) counsel retained specifically for this action, including any paralegal, clerical and other assistant employed by such counsel and assigned to this matter;

(c) outside vendors or service providers (such as copy-service providers and document-management consultants, graphic production services or other litigation support services) that counsel hire and assign to this matter, including computer service personnel performing duties in relation to a computerized litigation system;

(d) any mediator or arbitrator who the Parties engage in this matter or that this Court appoints, provided such person has first executed a Non-Disclosure Agreement in the form annexed as an Exhibit hereto;

(e) as to any document, its author, its addressee and any other person indicated on the face of the document as having received a copy;

(f) any witness who counsel for a Party in good faith believes may be called to testify at trial or deposition in this action, provided such person has first executed a Non-Disclosure Agreement in the form annexed as an Exhibit hereto;

(g) any person retained by a Party to serve as an expert witness or otherwise provide specialized advice to counsel in connection with this action, provided such person has first executed a Non-Disclosure Agreement in the form annexed as an Exhibit hereto;

(h) stenographers engaged to transcribe depositions conducted in this action; and (i) this Court, including any appellate court, and the court reporters and support personnel for the same.

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.

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 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.

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.

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

material obtained independently from and not through or pursuant to the Federal Rules of Civil Procedure.

Nothing in this Protective Order will prevent any person subject to it from producing any Confidential Discovery Material in its possession in response to a lawful subpoena or other compulsory process, or if required to produce by law or by any government agency having jurisdiction; provided, however, that such person receiving a request, will provide written notice to the producing person before disclosure and as soon as reasonably possible, and, if permitted by the time allowed under the request, at least 10 days before any disclosure. Upon receiving such notice, the producing person will have the right to oppose compliance with the subpoena, other compulsory process, or other legal notice if the producing person deems it appropriate to do so.

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. The Parties shall use their best efforts to minimize such sealing.

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.

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.

Each person who has access to Discovery Material that has been designated as Confidential shall take all due precautions to prevent the unauthorized or inadvertent disclosure of such material.

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 persons who receive such information and are bound by this Protective Order in a manner that is secure and confidential. In the event that the person receiving PII experiences a data breach, she, he or it immediately shall notify the producing person of the same and cooperate with the producing person to address and remedy the breach. Nothing herein shall preclude the producing person from asserting legal claims or constitute a waiver of legal rights or defenses in the event of litigation arising out of the receiving person’s failure to appropriately protect PII from unauthorized disclosure.

This Protective Order shall survive the termination of the litigation. Within 30 days of the final disposition of this action, all Discovery Material designated as “Confidential,” and all copies thereof, shall be promptly returned to the producing person, or, upon permission of the producing person, destroyed.

All persons subject to this Protective Order acknowledge that willful violation of this Protective Order could subject them to punishment for contempt of Court. This Court shall retain jurisdiction over all persons subject to this Protective Order to the extent necessary to enforce any obligations arising hereunder or to impose sanctions for any contempt thereof.

SO STIPULATED AND AGREED:

Dated: Dated:

SO ORDERED:

STEWART D. AARON United States Magistrate Judge

Dated:

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

, Plaintiff(s), -against- , Defendant(s).

-cv- ( ) (SDA) NON-DISCLOSURE AGREEMENT

I,
, acknowledge that I have read and understand the Protective Order in this action governing the non-disclosure of those portions of Discovery Material that have been designated as Confidential. I agree that I will not disclose such Confidential Discovery Material to anyone other than for purposes of this litigation and that at the conclusion of the litigation I will either return all discovery information to the party or attorney from whom I received it, or upon permission of the producing party, destroy such discovery information. By acknowledging these obligations under the Protective Order, I understand that I am submitting myself to the jurisdiction of the United States District Court for the Southern District of New York for the purpose of any issue or dispute arising hereunder and that my willful violation of any term of the Protective Order could subject me to punishment for contempt of Court.

Dated:

Proposed Case Management Plan For Pro Se Cases

Revised November 27, 2023 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Plaintiff(s), -against-

Defendant(s).

No. __ -cv-_____ ( ) (SDA)

PROPOSED CASE MANAGEMENT PLAN FOR PRO SE CASE

1. Summary of Claims, Defenses and Relevant Issues:

2. I understand my obligation to and am preserving relevant information. Plaintiff(s): Yes or No (circle one) Defendant(s): Yes or No (circle one)

3. Proposed Schedule: All discovery should be completed by __________________________________. a. Depositions shall be completed by ______________________________. b. Neither party may take more than ______ depositions. Absent an agreement between the parties or an Order from the Court, non-party depositions shall follow initial party depositions. c. Initial Requests for Documents must be made by ___________________.

d. Responses to Requests for Documents must be made by _____________. e. Documents from third parties (such as doctors) will/will not (circle one) be required. If required, the following are the third parties from whom Documents will be requested:

f. Subpoenas requesting Documents from third parties must be served by __________________. Documents obtained from third parties must be provided to all parties in this matter. g. There will/will not (circle one) be expert testimony in this case. If expert testimony will be needed, please describe the topic on which the expert(s) is expected to testify.

4. Anticipated Motions: ________________________________________________
5. Amendment to Pleadings: No amended pleadings may be filed after ____________. Any motion to amend after this date will need to meet the good cause requirements of Federal Rule of Civil Procedure 16(b). No additional parties may be joined after ____________. Any motion to join after this date will need to meet the good cause requirements of Federal Rule of Civil Procedure 16(b).
6. Early Settlement or Resolution: The parties have/have not (circle one) discussed the possibility of settlement. The parties request a settlement conference by no later than ____________.

The following information is needed before settlement can be discussed:

7. Status Letter: The parties shall file a joint letter regarding the status of discovery on ___________ (date to be determined by the Court).
8. Other Matters: The parties wish to discuss the following additional matters at the Initial Case Management Conference:

Respectfully submitted this ____ day of _____________

Name

Address

Phone number

Email

Party representing (if applicable)

Respectfully submitted this ____ day of _____________

Name

Address

Phone number

Email

Party representing (if applicable)

Report of Rule 26(f) Conference and Proposed Case Management Plan

Last Revised on April 18, 2024 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK _______________________________, PlainƟff(s), -against- _________________________, Defendant(s). No: -cv- () (SDA) REPORT OF RULE 26(f) MEETING AND [PROPOSED] CASE MANAGEMENT PLAN In accordance with Rule 26(f) of the Federal Rules of Civil Procedure, counsel for the parƟes spoke on ______________ and exchanged communicaƟons thereaŌer, and submit the following report of their meeƟng for the court’s consideraƟon: 1. Summary of Claims, Defenses And Relevant Issues: PlainƟff [Atach AddiƟonal Pages As Needed]: _________________________________

Defendant [Atach AddiƟonal Pages As Needed]: _______________________________

Basis of Subject Mater JurisdicƟon: The Court’s subject mater jurisdicƟon is based on ______________________________.

Subjects On Which Discovery May Be Needed: PlainƟff:

Defendant:

IniƟal Disclosures: The informaƟon required by Rule 26(a)(1) was disclosed by PlainƟff(s) on ______________. In addiƟon, on ______________, PlainƟff(s) produced/will produce an iniƟal set of relevant documents idenƟfied in its IniƟal Disclosures and will conƟnue to supplement its producƟon.
The informaƟon required by Rule 26(a)(1) was disclosed by Defendant(s) on ______________. In addiƟon, on ______________, Defendant(s) produced/will produce an iniƟal set of relevant documents idenƟfied in its IniƟal Disclosures and will conƟnue to supplement its producƟon. 5. Formal Discovery: The parƟes jointly propose to the Court the following discovery plan: a. All fact discovery must be completed by ______________. b. The parƟes are to conduct discovery in accordance with the Federal Rules of Civil Procedure and the Local Rules of the Southern District of New York. The following interim deadlines may be extended by the parƟes on consent and without applicaƟon to the Court, provided that the parƟes meet the deadline for compleƟng fact discovery set forth in 5(a) above. i. DeposiƟons: DeposiƟons shall be completed by ______________ and limited to no more than ___ deposiƟons per party. Absent an agreement between the parƟes or an Order from the Court, non- party deposiƟons shall follow iniƟal party deposiƟons. ii. Interrogatories: IniƟal sets of interrogatories shall be served on or before ______________. All subsequent interrogatories must be served no later than 30 days from the discovery deadline.

iii. Requests for Admission: Requests for admission must be served on or before______________. iv. Requests for ProducƟon: IniƟal requests for producƟon were/will be exchanged on ______________, and responses shall be due on ______________. All subsequent requests for producƟon must be served no later than 30 days before the discovery deadline. v. SupplementaƟon: SupplementaƟons under Rule 26(e) must be made within a reasonable period of Ɵme aŌer discovery of such informaƟon. 6. AnƟcipated Discovery Disputes: Does either party anƟcipate discovery disputes or seek limitaƟons on discovery? Describe.

Amendments To Pleadings: a. No amended pleadings may be filed aŌer ______________. Any moƟon to amend aŌer this date will need to meet the good cause requirements of Rule 16(b). b. No addiƟonal parƟes may be joined aŌer ______________. Any moƟon to join aŌer this date will need to meet the good cause requirements of Rule 16(b). 8. Expert Witness Disclosures: At this Ɵme, the parƟes [☐ do / ☐ do not] anƟcipate uƟlizing experts. Expert discovery shall be completed by ______________. 9. Electronic Discovery And PreservaƟon Of Documents And InformaƟon: a. Have the parƟes discussed electronic discovery? [☐ Yes / ☐ No] b. Is there an electronic discovery protocol in place? [☐ Yes / ☐ No] If not, when do the parƟes expect to have one in place? ______________ c. Do the parƟes want the Court to enter a Rule 502(d) Order? (See Rule 502(d) Order) [☐ Yes / ☐ No] d. Will the parƟes enter into a ProtecƟve Order? (See Model ProtecƟve Order)?
[☐ Yes / ☐ No] If yes, the ProtecƟve Order shall be submited no later ______________.

e. Are there issues the parƟes would like to address concerning preservaƟon of evidence and/or electronic discovery at the IniƟal Case Management Conference? Describe.

AnƟcipated MoƟons:

Early Setlement Or ResoluƟon: The parƟes [☐ have / ☐ have not] discussed the possibility of setlement. The parƟes shall request a setlement conference no later than ______________. The following informaƟon is needed before setlement can be discussed:

Trial: a. The parƟes anƟcipate that this case will be ready for trial by ______________. b. The parƟes anƟcipate that the trial of this case will require ____________ days. c. The parƟes [☐ do / ☐ do not] consent to a trial before a Magistrate Judge. d. The parƟes request a [☐ jury / ☐ bench] trial. 13. Status Leter (To Be Completed By The Court):
The parƟes shall file a joint leter regarding the status of discovery on ______________. 14. Consent To Proceed Before A United States Magistrate Judge:
The parƟes are advised that they may consent to Judge Aaron’s jurisdicƟon at any Ɵme during the case pursuant to 28 U.S.C. § 636(c). To consent to Judge Aaron’s jurisdicƟon, please uƟlize the form to Consent for All Purposes or Consent For Specific DisposiƟve MoƟons, which are hyperlinked herein and also available on Judge Aaron’s Individual PracƟces Webpage.

Other Maters:

Respecƞully submited this ____ day of ______________, ______. Atorney(s) for PlainƟff(s):

Atorney(s) for Defendant(s):

SO ORDERED. Dated:

New York, New York

STEWART D. AARON

United States Magistrate Judge

Rule 502(d) Order

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK , Plaintiff(s), -against- , Defendant(s).

RULE 502(d) ORDER

STEWART D. AARON, United States Magistrate Judge: It is hereby ORDERED as follows:

1. The production of privileged or work-product protected documents, electronically stored information (“ESI”) or other information, whether inadvertent or otherwise, is not a waiver of the privilege or protection from discovery in this case or in any other federal or state proceeding. This Order shall be interpreted to provide the maximum protection allowed by Federal Rule of Evidence 502(d).
2. Nothing contained herein is intended to or shall serve to limit a party’s right to conduct a review of documents, ESI or other information (including metadata) for relevance, responsiveness and/or segregation of privileged and/or protected information before production.
   SO ORDERED. DATED:

New York, New York

[DATE]

STEWART D. AARON

United States Magistrate Judge

Settlement Conference Procedures

As of March 24, 2025 SETTLEMENT CONFERENCE PROCEDURES FOR MAGISTRATE JUDGE STEWART D. AARON Chambers Courtroom 500 Pearl Street, Room 1970 New York, NY 10007 Tel: (212) 805-0274 500 Pearl Street, Room 11C New York, NY 10007 The Court believes the parties should fully explore settlement at the earliest practical opportunity. Early settlement allows the parties to avoid the substantial cost, expenditure of time and uncertainty that typically are part of the litigation process. Even for those cases that cannot be resolved, early consideration of settlement can provide the parties with a better understanding of the factual and legal nature of their dispute and streamline the issues to be litigated. In most cases, the Court will require the parties to participate in a settlement conference. Even where a settlement conference has not been ordered by the Court, the parties may voluntarily request the Court to hold a settlement conference in an attempt to resolve or narrow the dispute. The following are the procedures applicable to settlement conferences before Judge Aaron: 1. Conference Location. Unless otherwise advised by the Court, the conference will take place in Judge Aaron’s Courtroom (Courtroom 11C) at 500 Pearl Street, New York, NY. 2. Confidentiality. All settlement conferences are “off the record.” All communications relating to settlement are strictly confidential and may not be used for any purpose other than settlement. They are not to be used in discovery and will not be admissible at trial. 3. Magistrate Judge’s Role. The Magistrate Judge functions as a mediator, attempting to help the parties reach a settlement. Efficient use of this process requires that counsel and their clients be prepared for the conference, candid with the mediator and genuinely committed to finding a resolution. 4. Ex Parte Pre-Conference Submissions. 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

end of these procedures. The letter and certification should be emailed to
Aaron_NYSDChambers@nysd.uscourts.gov.1 Parties proceeding pro se need not submit the certification, but must provide a pre-conference letter, which, if not emailed or hand delivered, may be mailed to Chambers at the address sufficiently in advance so that it arrives at the Court no later than five days before the conference.

The letter should be marked “Confidential Material for Use Only at Settlement Conference” and should not be provided to opposing parties. The reason the letter is not to be shared with other parties is to ensure that counsel is candid with the Court as to the strengths and weaknesses of their client’s case and as to the nature and range of an acceptable settlement.

The letter must not exceed 5 pages (single-spaced), unless permission has been granted by the Court. The letter should include, at a minimum, the following: (a) a concise statement of the issue(s) in dispute; (b) case law authority relevant to settlement discussions; (c) the history of settlement negotiations; (d) counsel’s evaluation of the settlement value of the case and the rationale for it; (e) identification of the strengths and weaknesses of each side’s case, to the extent not already included; and (f) any other information that would be helpful to the Court in preparing for the conference. Parties may attach exhibits to their letters to the extent they believe the exhibits would aid settlement discussions. 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.

Attorneys’ Fees and Expenses. 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.

Exchange of Demand/Offer. 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. The parties should not wait for the settlement conference to commence negotiations of a resolution of their dispute.

Pre-Conference Telephone Call. The Court may schedule a telephone call with the parties (either separately or together) prior to the conference to discuss

1 If a party cannot send the letter and certification by e-mail, the party may hand-deliver them to the Court, or send them by overnight delivery, so long as they arrive no later than 5 business days before the conference.

issues pertinent to the conference.

Attendance of Parties Required. The parties — not just their attorneys — must attend the settlement conference in person. A party’s attendance is essential to the settlement process. It is vital that parties hear the other side’s presentation and have the opportunity to speak with the Magistrate Judge outside the presence of any adversary. 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. This issue should be raised with the Court in writing as soon as possible. Incarcerated parties may also participate in the conference by telephone.

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.

Corporations, Labor Unions and Insurers. Corporate parties or labor unions must send the person with complete decision-making authority to settle. 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. Because it is important that the decision-makers with respect to settlement hear their adversaries’ presentations and be available to answer questions from the Court, the person who attends must be the person with responsibility for determining the amount of any ultimate settlement and who has not had limitations placed by another person with respect to his or her authority to settle. In short, corporate parties, labor unions and insurance companies (or any other party that is not a natural person) must send to the conference the person ultimately responsible for approving any settlement; that is, the person with authority to settle without having to obtain the approval of any other person.

Government Agencies. 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). In addition, 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.

Consequences of Non-Compliance with Attendance Requirements. If a party fails to comply with the attendance requirements, that party may be required

to reimburse all the other parties for their time and travel expenses and may face other sanctions.

No Effect on other Deadlines. The scheduling of a settlement conference has no effect on any deadlines or other pending obligations in the case.

FLSA Settlements. 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. Such explanation may be provided immediately following a settlement conference that results in agreement between the parties. 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.

ATTENDANCE ACKNOWLEDGMENT FORM
FOR APPEARANCE AT SETTLEMENT CONFERENCE BEFORE MAGISTRATE JUDGE STEWART D. AARON

CASE NAME:

DOCKET #:

I represent the: □ Plaintiff □ Defendant □Other:

□ I certify that I am attending a settlement conference at : .m. on , 20 □ In-person in Courtroom 11C, United States Courthouse, 500 Pearl Street, New York, NY. □ Remotely

My name and the name of any co-counsel who will attend the conference with me are:

□ I certify that my client is, or will be accompanied (in person, or by telephone if applicable) by, the person for my client with ultimate responsibility for approving any settlement; that is, the person with authority to settle without having to obtain the approval of any other person.

The name and title, if applicable, of the individuals from my client are:

□ [For in-person conferences only] I certify that I have obtained the Court’s permission for the following individual(s) who live(s) more than 100 miles from New York City to participate in the conference by telephone:

□ I certify that I have read both the Court’s order scheduling this conference and the Settlement Conference Procedures for Magistrate Judge Aaron.

Dated:

Attorney Signature Print Attorney’s Name

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