All local rules for S.D.N.Y., integrated with this judge's published requirements.
(d) No ex parte order, or order to show cause to bring on a motion, will be granted, except upon a clear and specific showing by affidavit that contains good and sufficient reasons why a procedure other than by notice of motion is necessary and states whether a previous application for similar relief has been made. Local Civil Rule 6.1(d) ↗
Except as otherwise provided below, communications with the Court shall be by letter, which shall be filed electronically on ECF. (See SDNY Electronic Case Filing Rules & Instructions, Section 13.1.) i. Absent prior permission, letters -- inclusive of attached exhibits -- may not exceed 5 pages in length. ii. Letters between or among parties or their counsel or otherwise not addressed to the Court may not be filed on ECF or sent to the Court (except as exhibits to an otherwise properly filed document). iii. In civil and miscellaneous cases, letters to be filed under seal or containing sensitive or confidential information shall be filed in accordance with Paragraph 3 below...If a party wishes to fax or email a document to the Court, it must obtain prior permission to do so. The fax or email must indicate who in Chambers provided such permission, and must be copied to all counsel and unrepresented parties. §1.D: Please do NOT provide courtesy copies of letters and letter-motions filed on ECF. §1.E: Telephone calls to Chambers are permitted only in situations requiring immediate attention. In such situations, call Chambers at (914) 390-4166. §1.F: Docketing, Scheduling, and Calendar Matters. Please call Yadira Fuschillo, Courtroom Deputy Clerk, at (914) 390-4167, during regular business hours.
(c) Length of Memoranda of Law. If filed by an attorney or prepared with a computer, briefs in support of and in response to a motion (except for motions for reconsideration) may not exceed 8,750 words, and reply briefs may not exceed 3,500 words. Local Civil Rule 7.1(c) ↗
(c) Length of Memoranda of Law. If filed by an attorney or prepared with a computer, briefs in support of and in response to a motion (except for motions for reconsideration) may not exceed 8,750 words, and reply briefs may not exceed 3,500 words. Local Civil Rule 7.1(c) ↗
(c) Length of Memoranda of Law. If filed by an attorney or prepared with a computer, briefs in support of and in response to a motion (except for motions for reconsideration) may not exceed 8,750 words, and reply briefs may not exceed 3,500 words. Local Civil Rule 7.1(c) ↗
Except for letter-motions as permitted by Local Civil Rule 7.1(d), and unless provided otherwise by statute or rule, or by the court in a judge’s individual practices or in a direction in a particular case, motion papers must be served and filed as follows: (a) On all motions and applications under Fed. R. Civ. P. 26 through 37 and 45(d)(3), (1) all motion papers must be served by the moving party on all other parties that have appeared in the action, (2) any opposing or response papers must be served within seven days after service of the moving papers, and (3) any reply papers must be served within two days after service of the answering papers. In computing periods of days, refer to Fed. R. Civ. P. 6. (b) On all civil motions, petitions, and applications, other than those described in Rule 6.1(a), and other than petitions for writs of habeas corpus, (1) the moving papers must be served by the moving party on all other parties that have appeared in the action, (2) any opposing or response papers must be served within 14 days after service of the moving papers, and (3) any reply papers must be served within seven days after service of the answering papers. Local Civil Rule 6.1 (introductory clause) and 6.1(a)-(b) ↗
Silent on fixed motion hearing days. Local Civil Rules 6.1, 7.1 (silent) ↗
Local Civil Rule 77.1. Submission of Orders, Judgments and Decrees Proposed orders, judgments, and decrees must be presented as directed by the ECF rules published on the website of each respective court. Local Civil Rule 77.1 ↗
Sealing/Redactions Not Requiring Court Approval. Fed. R. Civ. P. 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court. Such sensitive information includes: Social Security numbers; names of minor children; dates of birth; and financial account numbers. §3.B: Sealing/Redaction Requiring Court Approval. Motions or letter-motions for approval of sealed or redacted filings, and the subject documents, including the proposed sealed document(s), must be filed electronically through the Court's ECF system in conformity with the Court's standing order, 19-mc-00583, and SDNY Electronic Case Filing Rules & Instructions, Section 6. The motion must be filed in public view, must explain the reasons for seeking to file that information under seal, and should not include confidential information sought to be filed under seal. The proposed sealed document must be contemporaneously filed, under seal, in the ECF system, as electronically related to the motion. 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 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 In re Gen. Motors LLC Ignition Switch Litig., No. 14-MD-2543 (JMF), 2015 WL 4750774, at *4 (S.D.N.Y. Aug. 11, 2015).
Silent on oral argument default. Local Civil Rules 6.1, 7.1 (silent) ↗
For discovery motions, follow Local Civil Rule 37.2, which requires the moving party to request an informal conference with the Court before the filing of any such motion. Strict adherence to Fed. R. Civ. P. 37(a)(1), the 'meet and confer' rule, is required. The parties should be prepared to describe the time, place, and duration of the meeting, and to identify the counsel involved.
All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions. The letter-motion must state: i. the original due date(s), the date(s) sought to be extended, and the new date(s) the party now seeks through an adjournment or extension; ii. the number of previous requests for adjournments or extensions, and the reason(s) therefor; iii. whether these previous requests were granted or denied; iv. the reason(s) for the instant request; and v. 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 Civil Case Discovery Plan and Scheduling Order must be attached. Absent extraordinary circumstances, requests for extensions will be denied if not made before the expiration of the original deadline. If the request is for an adjournment of a court appearance, absent an emergency, the request shall be made at least 2 business days prior to the scheduled appearance. Requests for extensions of deadlines regarding a matter that has been referred to a Magistrate Judge shall be directed to that assigned Magistrate Judge. Source ↗
2. Pleadings and Motions A. Courtesy Copies. One courtesy hard copy of all pleadings (complaint, answer, reply) and motion papers (with the exception of letter-motions and motions for admission pro hac vice), shall be submitted to Chambers as soon as practicable after filing. Courtesy copies should be clearly marked as such. If hand-delivered, courtesy copies should be delivered to the Clerk's office on the first floor of the Courthouse, not to Chambers. i. Motions. All courtesy hard copies of papers submitted in connection with motions must be bound in any manner that is secure, does not obscure the text, and permits the document to lie reasonably flat when open. Courtesy copies should either be spiral-bound or be stapled using a single staple in the upper left-hand corner of the document. Courtesy copies should NOT be velobound. Also, rather than submitting large documents that do not lie reasonably flat when open, parties should submit multiple volumes. Source ↗
Silent on initial_conference_timing. The Individual Practices do not specify when an initial conference will be scheduled. See the Notice of Initial Conference and Civil Case Discovery Plan and Scheduling Order form (separate document on judge's page). Source ↗
The Court encourages and appreciates brevity. Unless prior permission has been granted, memoranda of law shall comply with the formatting and length requirements set forth in Local Civil Rule 7.1(c). Memoranda of 3,500 words or more shall contain a table of contents and a table of authorities. Unless prior permission has been granted, sur-reply memoranda will not be accepted. §2.C.i: Motions for reconsideration shall comply with the formatting and length requirements set forth in Local Civil Rule 6.3. §2.E.ii: The moving party's Statement of Material Facts pursuant to Local Civil Rule 56.1 may not exceed 25 double-spaced pages without prior permission of the Court. Source ↗
The Court does not ordinarily hear oral argument on motions; however, the parties may request oral argument by letter at the time their moving, opposing, or reply papers are filed. The Court will determine whether oral argument will be heard and, if so, will advise counsel of the date and time. Source ↗
B. Pre-Motion Conferences in Civil Cases. i. Discovery motions. For discovery motions, follow Local Civil Rule 37.2, which requires the moving party to request an informal conference with the Court before the filing of any such motion. Strict adherence to Fed. R. Civ. P. 37(a)(1), the "meet and confer" rule, is required. The parties should be prepared to describe the time, place, and duration of the meeting, and to identify the counsel involved. ii. Summary Judgment motions. A pre-motion conference is required before making a motion for summary judgment. To request a pre-motion conference, the moving party shall file, on ECF, a letter-motion for a conference, not to exceed 3 pages, setting forth the basis for the anticipated motion. Unless otherwise ordered by the Court, within 7 business days, the opposing party shall file a letter response on ECF, also not to exceed 3 pages, setting forth its position. iii. Other substantive motions. A pre-motion conference is not required for other substantive motions. Source ↗