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) ↗
D. Hunter-Hicks 40 Foley Square Courtroom Deputy New York, NY 10007 ALCarterNYSDChambers@nysd.uscourts.gov Unless otherwise ordered by Judge Carter, matters before Judge Carter will be conducted in accordance with the following practices:
(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 ↗
C. Electronic Filing Under Seal in Civil and Miscellaneous Cases 8 i. Sealing/Redactions Not Requiring Court Approval. Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court. ii. Sealing/Redaction Requiring Court Approval. Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court’s ECF system in conformity with the court’s standing order, 19-mc-00583, and ECF Rules & Instructions, Section 6. The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal. Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal. The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion. 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. Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion. 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.
Silent on oral argument default. Local Civil Rules 6.1, 7.1 (silent) ↗
Pre-Motion Conferences in Civil Cases. For discovery motions, follow Local Civil Rule 37.2, requiring 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. To raise a discovery dispute with the Court, contact the assigned Magistrate Judge. A pre-motion conference with the Court is required before making any motion, except: • orders to show cause; • motions for admission pro hac vice; • motions to remand; • motions for reargument or reconsideration (time to oppose (14 days); time to reply (7 days)); • motions for reduction of sentence; • in forma pauperis motions; • applications for attorney’s fees; • motions to be relieved as counsel; • motions for a new trial or amendment of judgments; • motions for default judgment; 3 • motions that are required by the Federal Rules of Appellate Procedure; • objections to Magistrate Judges’ rulings; • motions for appointment of lead plaintiffs and counsel in class actions; • petitions to confirm or compel arbitration; • motions in limine; • habeas corpus petitions; • motions in Social Security cases; and • motions for temporary restraining orders or preliminary injunctions. To arrange a pre-motion conference, the moving party should submit a letter, not to exceed 3 pages (exclusive of letterhead and signature block(s)), setting forth the basis for the anticipated motion. The opposing party should submit a letter, also not to exceed 3 pages, setting forth its position within 3 business days from the service of the moving party’s letter. If a pre-motion conference is requested in connection with a proposed motion to dismiss, the request will stay the deadline for the requesting party to move or answer.
Applications for adjournments and extensions of time must be made by letter posted to ECF (not by telephone) and received in Chambers by email (or regular mail for pro se litigants) at least two business days before the scheduled appearance. See Rule 1A. All such applications must state (1) the original date, (2) the number of previous requests, (3) whether those 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. Failure to comply with these requirements will result in a denial of the request, absent good cause shown. If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order must be attached. Requests for extensions of deadlines regarding a matter that has been referred to a Magistrate Judge should be directed to that assigned Magistrate Judge. Source ↗
Any courtesy copy submitted to Chambers that was originally filed on ECF must be clearly marked "Courtesy Copy," "Original Filed by ECF," and "Assigned Document Number [print or type assigned document number]." Counsel should electronically file its own motion papers at the time of service. In cases involving pro se litigants, the party represented by counsel is responsible for filing the entire motion on ECF. Counsel should deliver one courtesy copy of the respective motion papers to Chambers after service. Source ↗
G. Default Judgments. See Attachment A. H. Unpublished Cases. Westlaw citations should be provided, if available, to cases not available in an official reporter. 3. Conferences A. Principal Trial Counsel. The attorney who will serve as principal trial counsel must appear at all conferences with the Court. Source ↗
A memorandum of law, in support of or in opposition to any motion, is limited to 25 pages and reply briefs should be no longer than 10 pages. All memoranda of law should be in 12-point font or larger, with 1" margins on all sides. Sur-reply memoranda will not be accepted without prior permission of the Court. Source ↗
ne for the requesting party to move or answer. B. Page Limits. A memorandum of law, in support of or in opposition to any motion, is limited to 25 pages and reply briefs should be no longer than 10 pages. All memoranda of law should be in 12-point font or larger, with 1" margins on all sides. Sur-reply memoranda will not be accepted without prior permission of the Court. Source ↗
F. Oral Argument on Motions. The parties may request oral argument; the Court will advise counsel if argument will be heard and, if so, of the argument date. Source ↗
A. Pre-Motion Conferences in Civil Cases. For discovery motions, follow Local Civil Rule 37.2, requiring 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. To raise a discovery dispute with the Court, contact the assigned Magistrate Judge. A pre-motion conference with the Court is required before making any motion, except: - orders to show cause; - motions for admission pro hac vice; - motions to remand; - motions for reargument or reconsideration (time to oppose (14 days); time to reply (7 days)); - motions for reduction of sentence; - in forma pauperis motions; - applications for attorney's fees; - motions to be relieved as counsel; - motions for a new trial or amendment of judgments; - motions for default judgment; - motions that are required by the Federal Rules of Appellate Procedure; - objections to Magistrate Judges' rulings; - motions for appointment of lead plaintiffs and counsel in class actions; - petitions to confirm or compel arbitration; - motions in limine; - habeas corpus petitions; - motions in Social Security cases; and - motions for temporary restraining orders or preliminary injunctions. To arrange a pre-motion conference, the moving party should submit a letter, not to exceed 3 pages (exclusive of letterhead and signature block(s)), setting forth the basis for the anticipated motion. The opposing party should submit a letter, also not to exceed 3 pages, setting forth its position within 3 business days from the service of the moving party's letter. If a pre-motion conference is requested in connection with a proposed motion to dismiss, the request will stay the deadline for the requesting party to move or answer. Source ↗