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) ↗
1. Communications A. Letters. i. Communications with the Court shall be by letter and filed on ECF. Absent a specific direction from the Court, the text of an email transmitted to Chambers does not qualify as a letter and its contents will not be addressed by the Court or Chambers' Staff. ii. All letters must contain the docket number of the action, as well as the docket number of any related action before the Judge. iii. The first paragraph of all letters must set forth the date of the next conference before the Court. B. Questions and Matters Requiring Immediate Attention. Questions or requests on matters of scheduling, substance or procedure should be presented by letter. For matters requiring immediate attention, please email Chambers at: CastelNYSDChambers@nysd.uscourts.gov.
(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 ↗
4. Confidentiality Orders. Any proposed Confidentiality Order shall contain the following language: "Notwithstanding any other provision, no document may be filed with the Clerk under seal without a further Order of this Court addressing the specific documents or portions of documents to be sealed. Any application to seal shall be accompanied by an affidavit or affidavits and a memorandum of law, demonstrating that the standards for sealing have been met and specifically addressing the applicability of Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-120 (2d Cir. 2006) and any other controlling authority. Unless otherwise ordered, a party seeking to file an opposing party's confidential information shall so advise the opposing party fourteen (14) days in advance specifying the precise portion of the information the party seeks to use, the general purpose thereof and any redactions to which the party does not object. Within seven (7) days thereafter, the party whose confidential information is sought to be used may make an application to seal..." 5. Sealing in Civil and Miscellaneous Cases: ECF Requirements B. Sealing/Redaction Requiring Court Approval. Motions or Letter Motions for approval of sealed or redacted filings 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. Supporting papers must be separately filed electronically. The proposed sealed document must be contemporaneously filed under seal in the ECF system. Where the motion seeks approval to redact: (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.
Silent on oral argument default. Local Civil Rules 6.1, 7.1 (silent) ↗
B. Discovery Disputes. Discovery Disputes shall be brought on by letter motion and the parties shall comply with Local Civil Rule 37.2 unless otherwise ordered. A Discovery Dispute Letter to the Court shall contain the certification required under Rule 37(a)(1), Fed. R. Civ. P., and set forth the full text of any discovery request and response or objection thereto, together with any case law support and any affidavits required to adjudicate the issue. The party from whom discovery is sought shall respond within four business days and shall include any case law support and any affidavits required to adjudicate the motion.
C. Requests for Adjournments or Extensions of Time. All requests for adjournments or extensions of time shall be made by letter filed on ECF. The letter should state: i. the date sought to be adjourned or extended; ii. the reasons for the request; iii. whether any adjournment or extension of the date was previously sought and whether it was granted; iv. whether the adversary consents to the request and, if not, the reasons given by the adversary for declining to consent; and v. the information in 1.A.ii & iii above [docket number and date of next conference in first paragraph]. vi. A request for an extension of the schedule for completion of discovery shall attach a proposed Revised Case Management Plan and Scheduling Order (reflecting actual dates which are business days). It should also include a request to adjourn the next conference to a date at least 14 days after any proposed date for the close of fact discovery. vii. A request for an adjournment of time to answer a complaint should include a request to adjourn the initial conference to a date at least 14 days after the answer would be due. viii. A request for adjournment of a motion schedule shall include proposed dates for all submissions of all parties relating to the motion. Source ↗
D. Memoranda of Law. Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to 25 pages, and reply memoranda are limited to 10 pages. A memorandum of 10 pages or more shall contain a table of contents. E. Courtesy Copies. Courtesy copies of all motion papers shall be submitted in hard copy to Chambers within four days of filing. Source ↗
3. Motions A. Pre-Motion Letter in Civil Cases i. The filing of a Pre-Motion letter to the Court is required prior to the filing of all motions, except the following: (a) Discovery motions, governed by 3.B; (b) Motions brought by order to show cause; (c) Motions by incarcerated pro se litigants; (d) Motions for a default judgment; (e) Motions for appointment of lead counsel under the PSLRA; (f) Motions for admission pro hac vice; (g) Motions to withdraw as counsel; (h) Motions for reconsideration; (i) Motions to seal or unseal; (j) Motions relating to discovery; (k) Any motion under Rule 6(b)(2) Fed.R.Civ.P., Rule 4(a)(4)(A) Fed.R.App., or 28 U.S.C. sec. 1447. ii. The letter shall set forth in detail the legal and factual basis for the anticipated motion and a proposed schedule for the motion. iii. A response to the letter shall be filed within four business days. iv. If a Pre-Motion Letter seeks to file a motion to dismiss, the party responding shall unambiguously state in the first paragraph whether he, she or it seeks leave to amend. The Pre-Motion Letter and response will be taken into account in deciding whether further leave to amend will be granted in the event the motion to dismiss is granted. v. The transmittal of a Pre-Motion Letter for a proposed motion under Rule 12(b), Fed. R. Civ. P., stays the time to answer or move until further order of the Court. vi. The Pre-Motion Letter shall state in the first paragraph the date of any conference scheduled before the Court. Source ↗