Judge Ronnie Abrams — United States District Court, Southern District of New York

Case Management Plan and Scheduling Order

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Plaintiff(s),

-v-

Defendant(s).

X : : : : : : : : : : : X

No. ____ Civ. ________ (RA)

CASE MANAGEMENT PLAN AND SCHEDULING ORDER

RONNIE ABRAMS, United States District Judge:

Pursuant to Rules 16–26(f) of the Federal Rules of Civil Procedure, the Court hereby adopts the following Case Management Plan and Scheduling Order: 1. All parties [consent _____ / do not consent _____) to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). The parties are free to withhold consent without adverse substantive consequences. [If all parties consent, the remainder of the Order need not be completed at this time.]

The parties [have ____ / have not _____] engaged in settlement discussions.

This case [is _____ / is not _____] to be tried to a jury.

No additional parties may be joined after _________________________ without leave of the Court.

No amendments to the pleadings may be made after _________________________ without leave of the Court.

Initial disclosures pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure shall be completed no later than _________________________. [Absent exceptional circumstances, within fourteen (14) days of the date of the parties’ conference pursuant to Rule 26(f).]

All fact discovery is to be completed no later than __________________________. [A period not to exceed 120 days unless the case presents unique complexities or other exceptional circumstances.]

The parties 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 parties on consent without application to the Court, provided that the parties meet the deadline for completing fact discovery set forth in ¶ 7 above. a. Initial requests for production of documents shall be served by ______________. b. Interrogatories shall be served by _______________. c. Depositions shall be completed by _______________. d. Requests to Admit shall be served no later than _______________. 9. All expert discovery, including disclosures, reports, production of underlying documents, and depositions shall be completed by _________________________. [The parties shall be prepared to describe their contemplated expert discovery and the bases for their proposed deadlines at the initial conference.] 10. All discovery shall be completed no later than _______________. 11. The Court will conduct a post-discovery conference on _________________________ at ____________. [To be completed by the Court.] Unless the parties request otherwise, the Court will hold this conference by telephone. The parties shall use the following dial-in information to call in to the conference: Call-in Number: (855) 244-8681; Meeting ID: 2305 542 4735. This conference line is open to the public. No later than one week in advance of the conference, the parties are to submit a joint letter updating the Court on the status of the case, including but not limited to whether either party intends to file a dispositive motion and what efforts the parties have made to settle the action. 12. Unless otherwise ordered by the Court, the joint pretrial order and additional submissions required by Rule 6 of the Court’s Individual Rules and Practices shall be due thirty (30) days from the close of discovery, or if any dispositive motion is filed, thirty (30) days from the Court’s decision on such motion. This case shall be trial ready sixty (60) days from the close of discovery or the Court’s decision on any dispositive motion. 13. Counsel for the parties propose the following alternative dispute resolution mechanism for this case: a. _____ Referral to a Magistrate Judge for settlement discussions. b. _____ Referral to the Southern District’s Mediation Program. [Note that all employment discrimination cases, except cases brought under the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq., are designated for automatic referral to the Court’s Alternative Dispute Resolution program of mediation. Accordingly, counsel in such cases should select 13(b).]

c. _____ Retention of a private mediator. The use of any alternative dispute resolution mechanism does not stay or modify any date in this Order. 14. The parties have conferred and their present best estimate of the length of trial is _______________. SO ORDERED. Dated:

New York, New York

Hon. Ronnie Abrams United States District Judge

Individual Rules of Practice in Civil Cases

January 16, 2025 INDIVIDUAL RULES & PRACTICES IN CIVIL CASES RONNIE ABRAMS, UNITED STATES DISTRICT JUDGE Chambers United States District Court Southern District of New York 40 Foley Square, Room 2203 New York, NY 10007 Courtroom United States District Court Southern District of New York 40 Foley Square, Courtroom 1506 Allison Cavale, Courtroom Deputy Unless otherwise ordered by Judge Abrams, these Individual Practices apply to all civil matters except for civil pro se cases. 1. Communications with Chambers A. Letters. Except as otherwise provided below, communications with the Court shall be by letter, filed electronically on ECF. Parties should not submit courtesy copies of letters filed on ECF. Letters containing sensitive or confidential information that cannot be filed on ECF in accordance with the procedures set forth in Paragraph 5 below may be emailed to the Court (Abrams_NYSDChambers@nysd.uscourts.gov) as a text-searchable .pdf attachment with a copy simultaneously delivered to all counsel. Any such email shall state clearly in the subject line: (1) the caption of the case, including the lead party names and docket number, and (2) a brief description of the contents of the letter. Parties shall not include substantive communications in the body of the email; such communications shall be included only in the body of the attached letter. Unless the Court orders otherwise, letters may not exceed five (5) pages in length. Letters solely between parties or their counsel or otherwise not addressed to the Court may not be filed on ECF or otherwise sent to the Court (except as exhibits to an otherwise properly filed document). B. Docketing, scheduling, and calendar matters. For these matters, email Chambers at Abrams_NYSDChambers@nysd.uscourts.gov. C. Faxes. Faxes to Chambers are permitted only with prior authorization. In such situations, faxed submissions must clearly identify the person in Chambers who authorized the sending of the fax, and copies must be simultaneously faxed, emailed, or delivered to all counsel. D. Requests for Adjournments or Extensions of Time. All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions. (If such request contains sensitive or confidential information, it may be submitted by email and served on opposing counsel.) The letter-motion must state: (1) the original due date, (2) the number of previous requests for adjournments or extensions of time, (3) whether

these previous requests were granted or denied, and (4) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent. If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order must be included. If the request is for an adjournment of a court appearance, absent an emergency, the request shall be made at least 48 hours prior to the scheduled appearance. E. Related Cases. After an action has been accepted as related to a prior filing, all future court papers and correspondence must contain the docket number of the new filing, as well as the docket number of the case to which it is related (e.g., 11 Civ. 1234 [rel. 10 Civ. 4321]). 2. Initial Case Management Conference. The Court will generally schedule a Fed. R. Civ. P. 16(c) conference within two (2) months of the filing of the Complaint. The Notice of Initial Pretrial Conference will be made available on ECF and the plaintiff’s counsel will be responsible for distributing copies to all parties. This Notice will direct the parties to submit on ECF a proposed Civil Case Management Plan and Scheduling Order and letter to the Court one week prior to the conference date. In accordance with the Electronic Case Filing Rules and Instructions, counsel are required to register as ECF filers and enter an appearance in the case before the initial pretrial conference. The pertinent instructions are available on the Court website at https://nysd.uscourts.gov/electronic-case-filing. 3. Discovery Disputes. The parties shall follow Local Civil Rule 37.2 with the following modifications. Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, the party may file on ECF a letter-motion to the Court, no longer than three (3) pages, explaining the nature of the dispute and requesting an informal conference. The letter-motion must include a representation that the meet-and-confer process occurred and was unsuccessful. If the opposing party wishes to respond, it must call Chambers within one (1) business day to advise that a responsive letter will be forthcoming, and its response shall be by letter to the Court not exceeding three pages within three (3) business days of the filing of the original letter-motion. 4. Motions A. Memoranda of Law. The formatting and length of motion papers must conform to Local Civil Rule 7.1 (or, in the case of a motion for reconsideration, Local Civil Rule 6.3). Per Local Civil Rule 7.1, memoranda of law in support of and in opposition to motions (except for motions for reconsideration) may not exceed 8,750 words, and reply briefs may not exceed 3,500 words. 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. The party must also provide a certificate of compliance as required by Local Civil Rule 7.1(c). Memoranda of 3,500 words or more shall contain a table of contents and a table of authorities, and shall conform to Local Civil Rule 11.1. Sur-reply memoranda will not be accepted without prior permission of the Court.

B. Courtesy Copies. Courtesy copies are not required unless the motion includes numerous exhibits and/or a voluminous record. Under such circumstances, one courtesy copy of all motion papers, marked as such, should be submitted to the Court by the movant at the time the reply is served, in accordance with the SDNY policies regarding mail deliveries. C. Motions to Dismiss. When a motion to dismiss is filed, the non-moving party must, within fourteen (14) days of receipt of the motion, notify the Court and its adversary in writing whether (i) it intends to file an amended pleading and when it shall do so, or (ii) it will rely on the pleading being attacked. This Rule does not alter the time to file a response provided by the Federal and Local Rules. If the plaintiff amends its pleading, any pending motion to dismiss is rendered moot, but the moving party may renew and refile its motion to dismiss based on the amended pleading. D. Motions for Summary Judgment. Except in pro se cases, the moving party shall provide all other parties with an electronic copy, in Word format, of the moving party’s Statement of Material Facts Pursuant to Local Civil Rule 56.1. The opposing party must reproduce each entry in the moving party’s Rule 56.1 Statement, admit or deny each entry, and set out its response directly beneath it. If the opposing party wishes to file its own, additional statement of material facts, it shall begin numbering each entry where the moving party left off. E. Letter-Motions. Letter-motions filed via ECF must comply with the S.D.N.Y. Local Rules and the S.D.N.Y. “Electronic Case Filing Rules and Instructions.” In particular, all requests for adjournments, extensions, and pre-motion conferences with respect to discovery disputes should be filed as letter-motions. F. Default Judgments. A plaintiff seeking a default judgment must proceed by way of a motion pursuant to the procedure set forth in Attachment A. G. Oral Argument on Motions. Parties may request oral argument at the time they file their moving, opposing, or reply papers. They may do so by filing on ECF a letter specifically requesting oral argument. The Court will determine whether argument will be heard and, if so, will advise counsel of the argument date. 5. Other Pretrial Guidance A. Redactions and Filing Under Seal. i. Redactions Not Requiring Court Approval. The parties are referred to Rule 5.2 of the Federal Rules of Civil Procedure and the Southern District’s ECF Privacy Policy (“Privacy Policy”). There are two categories of information that may be redacted from public court filings without prior permission from the Court: “sensitive information” and information requiring “caution.” Parties should not include in their public filings, unless necessary, the five categories of “sensitive information” (i.e., Social Security numbers [use the last four digits only], names of minor children [use the initials only], dates of birth [use the year only], financial account numbers [use the last four digits only], and home addresses [use only the

City and State]). Parties may also, without prior Court approval, redact from their public filings the six categories of information requiring caution described in the Privacy Policy (i.e., any personal identifying number, medical records [including information regarding treatment and diagnosis], employment history, individual financial information, proprietary or trade secret information, and information regarding an individual’s cooperation with the government). ii. Redactions and Sealed Filings Requiring Court Approval. Except for redactions permitted by the previous Paragraph, all redactions or sealing of public court filings require Court approval. To be approved, any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing, and must be otherwise consistent with the presumption in favor of public access to judicial documents. See, e.g., Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). In general, the parties’ consent or the fact that information is subject to a confidentiality agreement between litigants is not, by itself, a valid basis to overcome the presumption in favor of public access to judicial documents. See, e.g., In re Gen. Motors LLC Ignition Switch Litig., No. 14-MD-2543, 2015 WL 4750774, at *4 (S.D.N.Y. Aug. 11, 2015).

iii. Procedures for Filing Sealed or Redacted Documents. Any party seeking to file a document under seal or in redacted form shall proceed as follows:

a. Meet and Confer. The party seeking leave to file sealed or redacted materials should meet and confer with any opposing party (or any third party seeking confidential treatment of the information) in advance to narrow the scope of the request. When a party seeks leave to file a document under seal or in redacted form on the ground that an opposing party or third party has requested it, the filing party shall notify the opposing party or third party that it must file, within three (3) days, a letter explaining the need to seal or redact the document.

b. Sealed Document(s). The party shall electronically file a letter-motion seeking leave to file a document under seal on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion itself shall be filed in public view, should explain the reasons for seeking to file the document under seal, including why the request to seal is consistent with the test set forth in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006), and should not include confidential information. The proposed sealed document shall be separately and contemporaneously filed under seal on ECF (with the appropriate level of restriction) and electronically related to the motion (or to the relevant Court order if the Court previously granted leave to file the document under seal). Note that the summary docket text, but not the document itself, will be open to public inspection and, thus, the summary docket text should not include confidential information sought to be filed under seal.

c. Redacted Document(s). Where a party seeks leave to file a document in redacted form, the party shall electronically file a letter-motion seeking leave to file a document in redacted form on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion itself shall be filed in public view, should explain the reasons for seeking to file the document in redacted form, including why the request for redaction is consistent with the test set forth in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006), and should not include confidential information. At the same time, the party shall (1) publicly file on ECF and electronically relate to the letter-motion a copy of the document with the proposed redactions; and (2) file under seal on ECF (with the appropriate level of restriction) and electronically relate to the motion an unredacted copy of the document with the proposed redactions highlighted.

d. Submission by E-Mail. Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who believes that a particular document should not be electronically filed at all, shall file a letter-motion by e-mail, in accordance with Paragraph 1(A) above, seeking leave of the Court to file in a different manner.

B. Settlement Agreements. The Court will not retain jurisdiction to enforce confidential settlement agreements. If the parties wish that the Court retain jurisdiction to enforce a settlement agreement, the parties must place the terms of their agreement on the public record. The parties may either provide a copy of the settlement agreement for the Court to endorse or include the terms of their settlement agreement in their stipulation of settlement and dismissal.

C. Bankruptcy Appeals. Briefs must be submitted in accordance with Fed. R. Bankr. P. 8015–18. Counsel may seek to extend these dates by joint request submitted to the Court no later than two business days before the brief is due.

6. Trial Submissions

A. Joint Pretrial Order. Unless otherwise specified by the Court, within thirty (30) days after the close of discovery or if any dispositive motion is filed, within thirty (30) days from the Court’s decision on such motion, the parties shall submit a proposed joint pretrial order by email to Abrams_NYSDChambers@nysd.uscourts.gov. The proposed joint pretrial order shall include the information required by Fed. R. Civ. P. 26(a)(3) and the following:

i. the full caption of the action;

ii. the names, law firms, addresses, and telephone numbers of trial counsel;

iii. a statement as to whether or not all parties have consented to trial by a magistrate judge, without identifying which parties do or do not consent;

iv. a statement as to the number of trial days needed and as to whether the case is to be tried with or without a jury;

v. a brief statement by the plaintiff 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. Such statements shall include citations to all statutes relied on and relevant facts as to citizenship and jurisdictional amount;

vi. a brief summary by each party of the claims and defenses that the party asserts remain to be tried, including citations to any statutes on which the party relies. Such summaries shall also identify all claims and defenses previously asserted which are not to be tried. The summaries should not recite any evidentiary matter;

vii. any stipulations or agreed statements of fact or law to which all parties consent;

viii. a list of all trial witnesses, indicating whether such witnesses will testify in person or by deposition, and a brief summary of the substance of each witness’s testimony;

ix. a designation by each party of deposition testimony to be offered in its case in chief and any counter-designations and objections by any other party;

x. a list by each party of exhibits to be offered in its case in chief, with an indication by exhibit number as to whether any party objects to the exhibit. The party objecting must include a brief statement that makes clear the basis for its objection and provide any necessary supporting authority;

xi. a statement of the damages claimed and any other relief sought, including the manner and method used to calculate any claimed damages and a breakdown of the elements of such claimed damages; and

xii. a statement of whether the parties consent to less than a unanimous verdict.

B. Additional Required Pretrial Filings in Jury Cases. At the time the joint pretrial order is filed in a jury case, the parties shall:

i. file and serve motions addressing any evidentiary issues or other matters which should be resolved in limine;

ii. file and serve a pretrial memorandum of law, when a party believes it would be useful to the Court;

iii. file joint proposed voir dire questions, a verdict form, and jury instructions. These joint submissions shall consist of single documents, jointly composed, noting any areas of disagreement between the parties. The voir dire questions and jury instructions shall include both the text of any requested question or instruction as well as a citation, if available, to the authority from which it derives. These

documents should also be submitted by email to Chambers in Word format; and

iv. submit to the Court and serve on opposing counsel, but not file on ECF, all documentary exhibits. Exhibits should be submitted to the Court both in hard copy and by email to Abrams_NYSDChambers@nysd.uscourts.gov.

C. Additional Required Pretrial Filings in Non-Jury Cases. At the time the joint pretrial order is filed in a non-jury case, the parties shall:

i. file and serve motions addressing any evidentiary issues or other matters which should be resolved in limine;

ii. file and serve a pretrial memorandum of law, when a party believes it would be useful to the Court;

iii. file and serve proposed findings of fact and conclusions of law. The proposed findings of fact must be detailed and include citations to the proffered trial testimony and exhibits. These documents should also be submitted by email to Abrams_NYSDChambers@nysd.uscourts.gov in Word format;

iv. submit to the Court and serve on opposing counsel, but not file on ECF, copies of affidavits constituting the direct testimony of each trial witness, except for the direct testimony of an adverse party, a person whose attendance is compelled by subpoena, or a person for whom the Court has agreed to hear direct testimony live at the trial. Three business days after submission of such affidavits, counsel for each party shall submit a list of all affiants whom he or she intends to cross- examine at the trial. Only those witnesses who will be cross-examined need to appear at trial. The original signed affidavits shall be brought to trial to be marked as exhibits;

v. submit to the Court and serve on opposing counsel, but not file on ECF, all deposition excerpts which will be offered as substantive evidence, as well as a one-page synopsis of those excerpts for each deposition. Each synopsis shall include page citations to the pertinent pages of the deposition transcripts; and

vi. submit to the Court and serve on opposing counsel, but not file on ECF, all documentary exhibits. Exhibits should be submitted to the Court both in hard copy and by email to Abrams_NYSDChambers@nysd.uscourts.gov.

D. Filings in Opposition. Any party may file the following documents in opposition. These documents shall be filed no later than one (1) week after the filing of the pretrial order or one (1) week before the scheduled trial date, whichever comes first:

i. objections to another party’s requests to charge or proposed voir dire questions;

ii. opposition to any motion in limine; and

iii. opposition to any legal argument in a pretrial memorandum.

E. Courtesy Copies. Two courtesy copies of all documents identified in Sections 6(A)–(D) above shall be submitted to Chambers on the date on which they are to be served or filed. Voluminous material may be organized either in binders or manila file folders, but in any event, the courtesy copies shall be separately arranged into two independent sets.

F. Exhibits. All exhibits must be pre-marked in advance of trial. If counsel intend to distribute copies of documentary exhibits to the jury, they are to make a separate copy for each juror. Counsel shall make certain that they have custody of all original exhibits. The Court does not retain them and the Clerk is not responsible for them.

7. Policy on the Use of Electronic Devices

A. Mobile Phones and Personal Electronic Devices. Attorneys’ use of mobile phones and other personal electronic devices within the Courthouse and its environs is governed by Standing Order M10-468. Any attorney wishing to bring a telephone or other personal electronic device into the Courthouse must be a member of this Court’s Bar, must obtain the necessary service pass from the District Executive’s Office, and must show the service pass upon entering the Courthouse. Mobile phones are permitted inside the Courtroom, but must be kept turned off at all times. Non-compliance with this rule will result in forfeiture of the device for the remainder of the proceedings.

B. Computers, Printers, or Other Electronic Equipment. In order for an attorney to bring into the Courthouse any computer, printer, or other electronic equipment not qualifying as a “personal electronic device,” specific authorization is required by prior Court Order. Any party seeking to bring such equipment into the Courthouse shall submit an Electronic Device Order, available at https://nysd.uscourts.gov/sites/default/files/2018-06/standing- order-electronic-devices.pdf, to Chambers at least 10 business days in advance of the relevant trial or hearing requesting permission to use such equipment. The request letter shall identify the type(s) of equipment to be used and the name(s) of the attorney(s) who will be using the equipment. Chambers will coordinate with the District Executive’s Office to issue the Order and forward a copy to counsel. The Order must be shown upon bringing the equipment into the Courthouse.

ATTACHMENT A

DEFAULT JUDGMENT PROCEDURE

1. A plaintiff seeking a default judgment must proceed by filing on ECF a motion for default judgment pursuant to Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2. A plaintiff seeking a default judgment should not proceed by order to show cause.

2. Before seeking a default judgment, a plaintiff must seek the entry of default under Fed. R. Civ. P. 55(a) by filing a “Request to Enter Default” and other supporting papers consistent with Local Civil Rule 55.1.

3. The motion for default judgment must be supported by the following papers:

A. An attorney’s affidavit setting forth:

i. the basis for entering a default judgment, including a description of the method and date of service of the summons and complaint;

ii. the procedural history beyond service of the summons and complaint, if any;

iii. whether the Clerk of Court has entered default under Local Civil Rule 55.1;

iv. whether the party seeking default judgment has complied with the Servicemembers Civil Relief Act, 50a U.S.C. § 521;

v. if the party against whom judgment is sought is a minor or an incompetent person, whether they are represented by a general guardian, conservator, or other fiduciary who has appeared;

vi. whether, if the default is applicable to fewer than all of the defendants, the Court may appropriately order a default judgment on the issue of damages prior to resolution of the entire action;

vii. a statement of damages, sworn or affirmed to by one or more people with personal knowledge, in support of the request, showing the proposed damages and the basis for each element of damages, including interest, attorney’s fees, and costs; and

viii. legal authority for why an inquest into damages would be unnecessary.

B. A proposed order to show cause.

C. A proposed default judgment.

D. Copies of all of the pleadings.

E. A copy of the affidavit of service of the summons and complaint.

F. A certificate of service stating that all documents in support of the request for default judgment, including the “Clerk’s Certificate of Default” and any papers required by Local Civil Rule 55.2, have been personally served on, or mailed to the last known residence (for an individual defendant) or business address (for other defendants) of, the party against whom default judgment is sought. If the mailing is returned, a supplemental certificate of service must be filed setting forth that fact, together with the reason provided for return, if any.

G. A Certificate of Default from the Clerk of Court.

4. The Court will review the motion for default judgment and, if appropriate, issue an order setting a date and time for a default judgment hearing.

5. If the Court issues such an order, the plaintiff should be prepared to serve on the defendant (a) a conforming copy of the motion and supporting papers and (b) the Court’s order setting the date and time for the default judgment hearing.

6. Prior to the hearing date, the plaintiff must file on ECF proof of service in the manner and by the date specified by the Court’s order setting the default judgment hearing.

Individual Rules of Practice in Criminal Cases

July 8, 2024 INDIVIDUAL RULES & PRACTICES IN CRIMINAL CASES RONNIE ABRAMS, UNITED STATES DISTRICT JUDGE Chambers United States District Court Southern District of New York 40 Foley Square, Room 2203 New York, NY 10007 Courtroom United States District Court Southern District of New York 40 Foley Square, Courtroom 1506 Allison Cavale, Courtroom Deputy 1. Initial Matters. Upon assignment of a criminal case to Judge Abrams, the parties shall contact Courtroom Deputy Allison Cavale to arrange a prompt initial conference. The Assistant United States Attorney (“AUSA”) shall provide to Chambers, as soon as practicable, a courtesy copy of the Indictment and the Complaint, if one exists. 2. Electronic Case Filing (ECF). Counsel are required to register for ECF promptly after being retained or assigned. Counsel can obtain instructions on how to register at https://nysd.uscourts.gov/electronic-case-filing. 3. Communications with Chambers. For docketing, scheduling, and calendar matters, counsel shall contact the Courtroom Deputy. Otherwise, except for matters requiring immediate attention, all communications with Chambers must be in writing and contain the docket number for the case and the Court’s initials (RA). Written communications should be filed on ECF. Parties should not submit courtesy copies of letters filed on ECF. Letters to be filed under seal or containing sensitive or confidential information may be emailed as a .pdf attachment to Abrams_NYSDChambers@nysd.uscourts.gov with a copy simultaneously delivered to all counsel. Parties shall not include substantive communications in the body of the email; such communications shall be included only in the body of the letter. 4. Benefactor Payments. Whenever defense counsel has received, or is receiving, benefactor payments that subject counsel to a conflict of interest, said counsel must inform the Court and request a Curcio hearing in advance of the first conference. 5. Substitution of Counsel. When there is a substitution of defense counsel, counsel of record must contact the Courtroom Deputy to schedule a conference. At the conference, the Court will address the application by defense counsel to be relieved. The defendant, replacement counsel, and the AUSA must also attend the conference. 6. Discovery Motions. In making discovery motions, counsel shall comply with Local Criminal Rule 16.1. Any discovery motion must contain the Rule 16.1 affidavit. 7. Bail Modification. Any written request for a bail modification by a defendant shall indicate whether or not the Government and the Pretrial Services Officer consent to the request.

8. Guilty Pleas. Guilty pleas will ordinarily be taken by Judge Abrams. Permission for guilty pleas to be taken before a Magistrate Judge will be given in certain circumstances. The AUSA shall provide a courtesy copy of the plea agreement, cooperation agreement, or Pimentel letter to Chambers as soon as practicable, ordinarily at least two business days before the scheduled plea. These documents should be emailed to Abrams_NYSDChambers@nysd.uscourts.gov.

9. Trial Procedures

A. Pretrial Submissions. Unless otherwise ordered, in limine motions shall be filed no later than three (3) weeks prior to the scheduled commencement of trial, and responses shall be filed no later than two (2) weeks prior to the scheduled commencement of trial. Proposed voir dire questions, jury instructions, and verdict forms shall be filed no later than two (2) weeks prior to the scheduled commencement of trial. At the time of filing, each party shall submit two courtesy copies of these materials to the Court. In addition, each party shall email those documents as a Microsoft Word document to Abrams_NYSDChambers@nysd.uscourts.gov.

B. Schedule. Trials will generally be conducted Monday through Thursday from 10:00 a.m. to 5:00 p.m. The Court will be available to meet with counsel from 9:30 a.m. to 10:00 a.m. Testimony will begin at 10:00 a.m. Jurors may deliberate on Fridays.

C. Jury Selection. Jurors will be selected by the struck panel method as described in Judge Abrams’ Rules for Jury Selection, available at https://nysd.uscourts.gov/hon-ronnie-abrams.

D. Exhibits and 3500 Material

i. Exhibits shall be pre-marked. ii. At the start of trial, the Government shall provide the Court with three copies of the witness list and exhibit list and one set of pre-marked documentary exhibits and Section 3500 material assembled sequentially in a looseleaf binder, or in separate manila folders labeled with the exhibit numbers and placed in a suitable container for ready reference. In addition, each party shall email the documents to Abrams_NYSDChambers@nysd.uscourts.gov.

iii. In advance of each trial session, counsel for the party going forward at that session must show opposing counsel the exhibits he or she intends to introduce at the session. The opponent shall indicate those exhibits to which he or she has no objection, and the Court will admit them when offered at the session. Those exhibits to which there is an objection shall be presented to the Court for ruling before the opening of the session.

iv. Sidebars during jury trials are discouraged. Counsel are expected to anticipate any problems that might require argument and to raise those issues with the Court in advance of the time that the jury will be hearing the evidence.

v. If counsel intend to distribute copies of documentary exhibits to the jury, they are to make a separate copy for each juror.

vi. Counsel shall make certain that they have custody of all original exhibits. The Court does not retain them and the Clerk is not responsible for them.

10. Sentencing A. Sentencing Submissions

i. Timing. The defendant’s sentencing submission shall be filed on ECF no later than two (2) weeks in advance of the sentencing. The Government’s sentencing submission shall be filed on ECF no later than one (1) week in advance of the sentencing. In cases involving a cooperating witness, however, the Government’s § 5K1.1 shall be filed no later than two weeks in advance of the sentencing, and the defendant’s submission shall be filed no later than one week in advance of the sentencing. The parties shall provide the Court with one courtesy copy of each submission when it is filed. ii. Letters. The defendant is responsible for filing all letters submitted on behalf of the defendant, including those from friends, relatives, etc. The Government is responsible for filing all letters from victims. A party shall group and file the letters together as attachments to a single document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated. All redactions to these letters shall be made in accordance with Paragraph 11.

B. Adjournments. Any request for an adjournment of a sentencing proceeding shall be made as early as possible, and no later than three business days before the proceeding. Such requests should indicate whether opposing counsel consents. C. Public Record. Unless permission to the contrary has been obtained, every document in a sentencing submission, including letters, shall be filed on the public record.

11. Redactions

A. Privacy Policy. The parties are directed to the E-Government Act of 2002 and the Southern District’s ECF Privacy Policy (“Privacy Policy”) and reminded not to include, unless necessary, the five categories of “sensitive information” in their submissions (i.e., Social Security numbers [use the last four digits only], names of minor children [use the initials only], dates of birth [use the year only], financial account numbers [use the last four digits only], and home addresses [use only the City and State]).

B. Redactions Not Requiring Court Approval. Parties may redact the five categories of “sensitive information” (see Paragraph 11(A)) and the six categories of information requiring caution (i.e., any personal identifying number, medical records [including information regarding treatment and diagnosis], employment history, individual financial information, proprietary or trade secret information, and information regarding an individual’s cooperation with the government), as described in the Privacy Policy, without Court approval.

C. Redactions Requiring Court Approval. If a party redacts information beyond the eleven categories of information identified in the Privacy Policy (see Paragraphs 11(A) and (B)), an application to do so must be filed at the time the submission is served. The application must clearly identify the requested redaction and explain the reasons for the redaction, including why the request for redaction is consistent with the test set forth in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). If the application for redaction pertains to a sentencing submission, the application will be addressed at the sentencing proceeding.

D. Sealing. If any material is redacted from a publicly filed document, only those pages containing the redacted material will be filed under seal. If the sealed document pertains to a sentencing submission, counsel shall bring a copy of those pages to the sentencing proceeding, marked to indicate what information has been redacted from the publicly filed materials, to give to the Court for filing under seal.

Rules for Jury Selection: Struck Panel Method

April 3, 2013

RULES FOR JURY SELECTION: STRUCK PANEL METHOD RONNIE ABRAMS, UNITED STATES DISTRICT JUDGE

The following is a description of the struck panel method by which juries will be selected in trials before Judge Abrams.

The Court will conduct a voir dire of a number of panelists computed by totaling: the number of jurors to be selected (8 in most civil cases and 12 in criminal cases); the number of alternates (none in civil cases and usually 2 in criminal cases); and the number of peremptory challenges. Thus, in a civil case with an 8-person jury and 3 peremptory challenges per side, the Court will voir dire 14 panelists. See Fed. R. Civ. P. 47, 48; 28 U.S.C. § 1870. In a single defendant criminal case in which the defendant has 10 and the Government has 6 peremptory challenges, plus 1 each with respect to alternates, see Fed. R. Crim. P. 24 , the Court will voir dire 32 panelists (12 jurors + 2 alternates + 10 peremptories for defendant + 6 peremptories for the Government + 1 peremptory for defendant for the alternates + 1 peremptory for the Government for the alternates). In trials expected to last for substantially more than a week, the Court will consider increasing the number of jurors in a civil case and the number of alternates in a criminal case.

The panelists will be voir dired in the Courtroom. If issues are raised that are better discussed outside the presence of the entire panel (e.g., sensitive issues, requests to be excused), Judge Abrams will follow up with the individual jurors either at sidebar or in the robing room.

After the follow-up voir dire, the Court will entertain challenges for cause. Each panelist excused for cause will be replaced, so that there is a full panel before any peremptory challenges are exercised.

Once all challenges for cause have been heard and decided, the Court will conduct the final voir dire in the Courtroom, asking each panelist individual questions relating to county of residence, education, occupation, prior jury service, etc.

The parties will then exercise their peremptory challenges against the panelists who compose the potential members of the regular jury (in the ordinary civil case, against all 14 panelists; in the ordinary criminal case, against the first 28 panelists). Peremptory challenges will be exercised simultaneously, with each party submitting a written list of the panelists it wishes to excuse. The panelists on these lists will then be excused without knowing which party challenged them. Any overlap among the lists of challenges will not result in parties receiving additional challenges. The jurors will be selected starting with the unchallenged juror with the lowest number. For example, in an ordinary civil case, if there was an overlap of 1 peremptory challenge, the 5 challenged panelists would be excused and the first 8 of the remaining 9 panelists would be seated as the jury. In an ordinary criminal case, if there was an overlap of 1 peremptory challenge, the 15 challenged panelists would be excused and the first 12 of the remaining 13 would be seated as the jury.

Finally, where applicable, the parties will exercise their peremptory challenges against the panelists who compose the potential alternate jurors (in the ordinary criminal

case, against panelists 29 through 32). Again, peremptory challenges will be exercised simultaneously. In the event of an overlap in challenges, the jurors will be selected from those with the lowest numbers.

Special Rules and Practices In Civil Pro Se Cases

January 16, 2025

SPECIAL RULES & PRACTICES IN CIVIL PRO SE CASES
RONNIE ABRAMS, UNITED STATES DISTRICT JUDGE

Pro Se Office United States District Court Southern District of New York 500 Pearl Street, Room 200 New York, New York 10007 (212) 805-0175

1. Communications

A. By a Pro Se Party. All communications with the Court by a pro se party must be sent to the Pro Se Intake Unit located at 500 Pearl Street, Rm. 200, New York, NY 10007. No documents or Court filings should be sent directly to Chambers. Copies of correspondence between a pro se party and opposing parties shall not be sent to the Court.

B. By Parties Represented by Counsel. Communications with the Court by a represented party shall be governed by Judge Abrams’ Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-ronnie-abrams. Such communications must be accompanied by an Affidavit of Service affirming that the pro se party was served with a copy of the communication. C. Requests for Adjournments or Extensions of Time. All requests for adjournments or extensions of time must be made in writing and must state: (1) the original due date; (2) the number of previous requests for adjournments or extensions; (3) whether these previous requests were granted or denied; and (4) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent. If the requested adjournment or extension affects any other scheduled dates, a represented party must submit a proposed Revised Scheduling Order. A pro se party may, but is not required to, submit a proposed Revised Scheduling Order. Requests for extensions of deadlines regarding a matter that has been referred to a Magistrate Judge shall be directed to that assigned Magistrate Judge. Absent an emergency, any request for adjournment of a court conference shall be made at least 48 hours prior to the scheduled appearance. Requests for extensions ordinarily will be denied if made after the expiration of the original deadline. 2. Filing of Papers A. By a Pro Se Party. All papers to be filed with the Court by a pro se party, along with any courtesy copies of those papers, must be sent to the Pro Se Intake Office. Unless the Court orders otherwise, all communications with the Court will be docketed upon receipt and such docketing shall constitute service on any user of the ECF system. If any other party is not a user of the ECF system, the 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.

B. ECF Filing by Pro Se Parties. Any non-incarcerated pro se party who wishes to participate in electronic case filing (“ECF”) must file a Motion for Permission for Electronic Case Filing, available in the Pro Se Intake Unit or at https://nysd.uscourts.gov/sites/default/files/2019-04/2012- prosemotionecffiling-final.pdf. C. Consent to Electronic Service for Pro Se Parties. Any non-incarcerated pro se party who wishes to receive documents in their case electronically (by e-mail) 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 or at https://nysd.uscourts.gov/sites/default/files/pdf/proseconsentecfnotice-final.pdf.
D. By Parties Represented by Counsel. Except for cases in which a pro se party has received permission to participate in electronic case filing or has consented to electronic service, counsel in pro se cases must serve a pro se party with a paper copy of any document that is filed electronically and file with the Court separate proof of service. Submissions filed without proof that the pro se party was served will not be considered.

3. Discovery. All requests for discovery must be sent to counsel for the opposing party. Discovery requests must not be sent to the Court.

4. Motions A. Filing and Service. Unless otherwise ordered by the Court, papers filed in opposition to a motion must be served and filed within four (4) weeks of service of the motion papers, and reply papers, if any, must be served and filed within two (2) weeks of receipt of the opposition papers. Counsel must, when serving a memorandum of law or other submissions to the Court, provide the pro se litigant (but not other counsel or the Court) with copies of cases and other authorities cited therein that are unpublished or reported exclusively on computerized databases. B. Memoranda of Law. The formatting and length of motion papers must conform to Local Civil Rule 7.1 (or, in the case of a motion for reconsideration, Local Civil Rule 6.3). As set forth in Local Civil Rule 7.1, if filed by an attorney or prepared with a computer, briefs in support of and in response to motions (except for motions for reconsideration) may not exceed 8,750 words, and reply briefs may not exceed 3,500 words. If filed by a party who is not represented by an attorney and 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. These limits do not include the caption, any index, table of contents, table of authorities, signature blocks, or any required certificates. Briefs filed by an attorney or prepared with a computer must be accompanied by a certificate of compliance as required by Local Civil Rule 7.1(c). Sur-reply memoranda will not be accepted without prior permission of the Court.

C. Courtesy Copies. All motion papers should include one courtesy copy. All courtesy copies shall be clearly marked as such.
D. Oral Argument. The Court will determine whether argument will be heard and, if so, will advise the parties of the argument date.

E. Pro Se Notices. Parties who file a motion to dismiss, a motion for judgment on the pleadings, or a motion for summary judgment must provide the pro se party with a copy of the notices required under Local Civil Rules 12.1 or 56.2.

5. Initial Case Management Conference. The Court will generally schedule an initial case management conference within four (4) months of the filing of the Complaint. An incarcerated party who may not be able to attend this or other conferences may be able to participate by telephone or video conference.

6. Trial Documents A. Pretrial Statement. Unless otherwise ordered by the Court, within 30 days of the completion of discovery, a pro se party shall file a concise, written Pretrial Statement. This Statement need take no particular form, but it must contain the following: (1) a statement of the facts the pro se party hopes to prove at trial; (2) a list of all documents or other physical objects that the pro se party plans to put into evidence at trial; and (3) a list of the names and addresses of all witnesses the pro se party intends to have testify at trial. The Statement must be sworn by the pro se party to be true and accurate based on the facts known by the pro se party. The pro se party shall file an original of this Statement with the Pro Se Office and an Affidavit of Service or other statement affirming that the pro se party sent a copy to all other parties or their counsel if they are represented. Two weeks after service of the pro se party’s Statement, counsel for any represented party must file and serve a similar Statement containing the same information. B. Other Pretrial Filings. At the time of filing the Pretrial Statement, any parties represented by counsel must also submit, if the case is to be tried before only a judge without a jury, proposed findings of fact and conclusions of law, or, if it will be tried before a jury, proposed voir dire questions and jury instructions. The pro se party may also file either proposed findings of fact and conclusions of law or proposed voir dire questions and jury instructions, but is not required to do so.

If you have any questions about these rules and practices, please contact the Pro Se Office at (212) 805-0175.

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