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) ↗
A. Letters. Except as otherwise provided below, all communications with the Court should be by letter. Letters must be filed electronically on ECF unless there is a request to file a letter under seal or a letter contains sensitive or confidential information (see Rule 5, below). Absent a request to file a letter under seal, any substantive letter or email received by the Court that is not filed electronically on ECF will be docketed by the Court. Copies of correspondence between counsel must not be filed on ECF or otherwise sent to the Court (except as exhibits to an otherwise properly filed document). In all correspondence with the Court containing a request, the requesting party must indicate whether its adversary consents to the request. Unless otherwise ordered by the Court or in exceptional circumstances, letters should generally not exceed five pages in length.
(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 ↗
§5.B.i (Rule 5.2(a) redactions): Redactions made pursuant to Federal Rule of Civil Procedure 5.2(a) do not require Court approval, but the parties must either file the unredacted document(s) under seal on ECF or email the unredacted document(s) to Chambers, at CaproniNYSDChambers@nysd.uscourts.gov. §5.B.ii (all other sealing): Any party wishing to file any document, or any portion thereof, in redacted form or under seal for reasons other than Rule 5.2(a) of the Federal Rules of Civil Procedure must file a letter motion requesting permission from the Court to do so. The letter must explain why sealing is appropriate in light of the presumption of access discussed by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). The letter must also indicate whether the opposing party consents to the proposed sealing or redaction. §5.B.iii (procedure): (a) File, in public view on ECF, the letter motion requesting sealing or redaction. (b) File, as a separate entry on ECF, any papers in support of the letter motion. (c) File, under seal on ECF, the documents that are the subject of the sealing or redaction request. If a party is filing a motion for redactions, the proposed redactions must be highlighted in the unredacted document(s) filed under seal. (d) File, in public view on ECF, the redacted versions of any documents that are the subject of a motion to redact.
Silent on oral argument default. Local Civil Rules 6.1, 7.1 (silent) ↗
Any party wishing to raise a discovery dispute with the Court must first meet and confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If this process fails and the Court's intervention is required, the parties must jointly call Chambers to hold a joint teleconference with the Court for prompt resolution of the dispute. The parties should email the Chambers inbox requesting the Court's contact information; mark the Re line of the email 'Discovery Dispute.' When calling Chambers to resolve a discovery dispute, counsel for all parties must appear on the line and be prepared to: (a) provide a brief synopsis of the dispute to a law clerk; (b) propose mutually convenient times for a teleconference with Judge Caproni; and (c) state whether the parties would like the call to be recorded or transcribed. All teleconferences will be conducted off the record unless all parties consent otherwise. The Court will determine during the teleconference whether written submissions will be required. Parties should not make written submissions regarding discovery disputes absent Court permission.
All requests for adjournments or extensions of time must be made by letter and must state: (1) the reason for the proposed adjournment or extension; (2) the original due date; (3) the number of previous requests for adjournment or extension of time; (4) whether the other party or parties consent and, if not, the reason given for refusing to consent; and (5) proposed alternative dates. Requests for adjournment of a Rule 16 conference must comply with Rule 3.A of these Individual Practices. Absent an emergency, the request must be made at least 48 business hours prior to the original due date. Failure to comply with this rule may be grounds for denying an adjournment or extension request. Source ↗
Not later than two (2) business days after the reply has been served, the movant must mail or hand-deliver to the Court one courtesy copy of all papers relevant to the motion, including those opposing the motion, in a tabbed three-ring binder. Exhibits (if any) must also be organized in a tabbed three-ring binder. Unless doing so would be unduly burdensome, the movant must also email Chambers (CaproniNYSDChambers@nysd.uscourts.gov) a link to a password-protected file-sharing site (e.g., Sharefile) that contains text-searchable copies of any hearing or deposition transcripts, as well as any other item on which the parties rely that cannot be submitted as a single file on ECF (e.g., videos or very long documents). The same rules apply to appellants seeking review of a bankruptcy court decision. Source ↗
The Court will generally schedule a Federal Rule of Civil Procedure 16 conference on a Friday morning approximately six weeks from the filing of the Complaint. The Notice will direct the parties to submit to the Court, approximately one week prior to the conference date, a joint proposed Case Management Plan and Scheduling Order and a joint letter. Requests for adjournments of the initial pretrial conference must include proposed alternative dates that fall on Friday mornings. All parties should be prepared to discuss at the initial pretrial conference any pending or anticipated motions as well as the basis for subject matter jurisdiction. Source ↗
Page and Word-Count Limits. If filed by an attorney or prepared with a computer, unless otherwise provided by statute or rule, memoranda of law in support of and in opposition to motions are limited to 8,750 words and reply memoranda are limited to 3,500 words. If filed by a party who is not represented by an attorney and handwritten or prepared with a typewriter, in support of and in response to a motion must not exceed 25 pages, and reply briefs must not exceed 10 pages. These limits will be enforced strictly, and any requests for page or word-count enlargements must be filed in advance of the motion. If a memorandum 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. The text in the certificate does not count toward the word-count limitation. Memoranda of 10 pages or more must contain a table of contents and a table of authorities, which do not count toward the word limit. All memoranda must be formatted with one-inch margins and double-spaced and all text must be in Times New Roman, 12-point font. Footnotes may be in smaller font, but in no case smaller than 10-point font. Source ↗
Parties may request oral argument by letter or directly on the cover of the briefs when they file their moving, opposing, or reply papers. The Court will determine whether argument will be heard and may order oral argument sua sponte. As stated above in Rule 3(D)(iii), the Court encourages the participation of junior attorneys in oral arguments, particularly when a junior attorney played a substantial role in drafting a submission. To encourage such participation, the Court will, upon request, allow more than one attorney to argue a motion on behalf of a party. Source ↗
Written pre-motion submissions are not required for any motion. Before filing a Motion to Strike, the moving party must coordinate a teleconference with Chambers to discuss the proposed motion. Source ↗