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 with Chambers A. Letters. Except as otherwise provided below, communications with Chambers shall be by letter, with copies simultaneously delivered to all counsel. Letters to the Court on behalf of parties represented by counsel must be both docketed on ECF and e-mailed as a .pdf attachment to the following address: CronanNYSDChambers@nysd.uscourts.gov. Counsel shall not provide a hard copy of correspondence e-mailed to Chambers. Letters seeking relief should (if consistent with the S.D.N.Y. Local Rules and the S.D.N.Y. ECF Rules and Instructions) be filed on ECF as letter-motions, not as ordinary letters. Any response to a letter or letter-motion shall be filed within two business days of the filing of the letter or letter-motion. Counsel shall include the case caption and docket number in the subject line of every e- mail sent to Chambers. All letters should be text-searchable where practicable. Unless otherwise ordered by the Court, letters may not exceed three pages in length (single-spaced, 12-point font). Letters to be filed under seal or containing sensitive or confidential information must be filed in accordance with 4.A-B below. Copies of correspondence between counsel shall not be sent to the Court or docketed on ECF, except if the correspondence is a relevant attachment to a filing.
(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) ↗
E. Use of Artificial Intelligence (“AI”) Tools. Counsel is responsible for providing the Court with complete and accurate representations of the record, the procedural history of the case, and any cited legal authorities. All litigants are responsible for verifying the accuracy of any output produced in whole or in part by an AI tool. Any attorney who signs a filing for which an AI tool was used to prepare (including by appearing on the signature block of the filing) must attach to the filing a signed certification (i) stating whether the litigant personally reviewed the filing for accuracy of cited legal authorities and factual assertions and (ii) if so, describing in detail the steps taken to verify the accuracy of all legal authorities and factual assertions generated by the AI tool. An attorney who signs an AI-assisted filing, yet fails to review that filing for accuracy or to provide the required certification, violates this Rule. The Court may impose sanctions on counsel and/or strike the filing for failing to comply with this Rule. A model certification may be found on the Court’s website (https://www.nysd.uscourts.gov/hon-john-p-cronan). Cronan -- ai_disclosure_requirement ↗
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 of public court filings require Court approval. Any party seeking to file a document under seal or in redacted form shall proceed as follows: i. Meet and Confer. The party seeking leave to file a document under seal or in redacted form shall meet and confer with all other parties in the case (as well as any third party seeking confidential treatment of the information) in advance to narrow the scope of the request. In general, however, the parties’ consent or the fact that information is subject to a confidentiality agreement or protective order 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 (JMF), 2015 WL 4750774, at *4 (S.D.N.Y. Aug. 11, 2015). ii. Filing Sealed or Redacted Documents. Where a party seeks leave to file a document under seal or in redacted form, the party shall file a letter- motion seeking leave to do so on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. ECF 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 or in redacted form, and should 7 not include confidential information. Any application to file a document under seal or in redacted form must demonstrate that the standards for sealing have been met and specifically address Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) and any other controlling authority. The movant also may file a memorandum of law and an affidavit or affidavits in support of the request for sealing or redacting. If approval for redactions is sought, the application shall also include a proposed redacted version of the document in question for public docketing. 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 opposing party or third party must file publicly on ECF, within three business days, a letter explaining the need to seal or redact the document. In the event there are grounds for sealing or redacting that cannot be publicly disclosed, a party may file under seal on ECF (with appropriate level of restriction) additional briefing further explaining those grounds, along with a justification for the sealing of that briefing. The subject document, in unredacted form, shall be 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 therefore should not include confidential information sought to be filed under seal. When a party seeks to file a document in redacted form, the party also shall e-mail to Chambers (CronanNYSDChambers@ny
Silent on oral argument default. Local Civil Rules 6.1, 7.1 (silent) ↗
C. Discovery Disputes. Parties must 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, a party may raise the dispute with the Court by filing a letter-motion on ECF, no longer than three pages, explaining the nature of the dispute. Such a letter must include a representation that the meet-and-confer process occurred and was unsuccessful. A party opposing the relief sought must file a response, not to exceed three pages, within three business days. The Court will seek to resolve discovery disputes quickly, by order or at an in-person or telephonic conference. Counsel are strongly urged to seek relief in accordance with these procedures in a timely fashion. If a party waits until near the close of discovery to raise an issue that could have been raised earlier, the Court is unlikely to grant additional time for discovery.
ing, shall be provided to the Court via email. B. Requests for Adjournments or Extensions of Time. Requests for adjournments, extensions of time, and extensions of word lengths in memoranda shall be made by letter, and not by stipulation sent through the Orders and Judgments Clerk. Requests for adjournments or extensions of time shall be filed on ECF as letter-motions, not as ordinary letters. All requests for adjournments or extensions of time must state (1) the original date(s) set for the appearance or deadline(s) and the new date(s) requested; (2) the reason(s) for the request; (3) the number of previous requests for adjournment or extension; (4) whether these previous requests were granted or denied; and (5) whether opposing counsel consents, and, if not, any reasons given by opposing counsel for refusing to consent. If the requested adjournment or extension affects any other scheduled dates or deadlines, a proposed Revised Case Management Plan and Scheduling Order (reflecting only business days) must be attached. 4 Absent compelling circumstances, a request for an extension or adjournment must be made at least 48 hours (i.e., two business days) prior to the scheduled appearance or deadline. Requests for extensions will ordinarily be denied if made after the expiration of the original deadline. Requests for extensions of deadlines regarding a matter that has been referred to a Magistrate Judge shall be directed to that assigned Magistrate Judge. If a party seeks to extend the discovery deadlines for a case, the request must include (1) a description of what discovery has already been completed; (2) a description of what discovery remains to be taken; (3) why discovery was not completed by the time provided in the Case Management Plan; and (4) why “good cause” exists to modify the scheduling order under Federal Rule of Civil Procedure 16(b)(4). The Court requires a showing of good cause to modify a previously set discovery deadline and failure to comply with this requirement will result in denial of the request. Parties should not assume that such requests will be granted as a matter of course. Source ↗
Courtesy Copies. Regarding all pleadings, correspondence, and motion papers, including exhibits submitted in connection with a motion, a party shall submit an electronic courtesy copy via e-mail to Chambers at the time the papers are served. Paper courtesy copies 3 may be submitted only upon request from the Court. Courtesy copies should be marked as such and shall be submitted to Chambers for both ECF and non-ECF designated cases. Electronic courtesy copies of proposals for the Court to enter, including proposed orders to show cause, temporary restraining orders, preliminary injunctions, stipulations, consent orders, and default judgments, should be sent in both Microsoft Word and PDF formats. Source ↗
5. Conferences A. Attendance by Principal Trial Counsel. Absent leave of the Court, the attorney who will serve as principal trial counsel must appear at all conferences with the Court. Any attorney appearing before the Court must enter a notice of appearance on ECF. Source ↗
ECF. All electronic submissions should be in the form of text-searchable .pdf documents, where practicable. B. Memoranda of Law. The typeface, margins, and spacing of motion papers must conform to Local Civil Rule 7.1(b). Unless prior permission has been granted, 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. 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. Memoranda of 10 pages or more shall contain a table of contents and a table of authorities, and all memoranda 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. These limits do not apply to motions for reconsideration under Local Civil Rule 6.3; parties should refer to that provision for applicable word or page limits and other information. Sur-reply memoranda will not be accepted without prior permission of the Court. Motion papers shall be filed promptly after service. Source ↗
ECF. All electronic submissions should be in the form of text-searchable .pdf documents, where practicable. B. Memoranda of Law. The typeface, margins, and spacing of motion papers must conform to Local Civil Rule 7.1(b). Unless prior permission has been granted, 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. 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. Memoranda of 10 pages or more shall contain a table of contents and a table of authorities, and all memoranda 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. These limits do not apply to motions for reconsideration under Local Civil Rule 6.3; parties should refer to that provision for applicable word or page limits and other information. Sur-reply memoranda will not be accepted without prior permission of the Court. Motion papers shall be filed promptly after service. Source ↗
C. Oral Argument on Motions. Parties may request oral argument by letter at the time their moving, opposing, or reply papers are filed. Oral argument will be held at the Court’s discretion. If the Court determines that argument will be heard, the Court will advise counsel of the argument date and time. Where junior lawyers are familiar with the matter under consideration, but are not experienced in arguing before a court, they should be encouraged to actively participate. If oral argument is granted, the Court is amendable to permitting more than one lawyer to argue for a party, especially where it creates an opportunity for a junior lawyer to argue. Source ↗
A. Pre-Motion Letters in Civil Cases. Unless otherwise ordered by the Court, a party seeking to file a motion must submit a pre-motion letter in accordance with 1.A above, not to exceed three pages in length absent leave of the Court, notifying the Court of its anticipated motion, summarizing the basis for the anticipated motion, and proposing a briefing schedule. All parties served with the pre-motion letter must submit a letter response, also not to exceed three pages absent leave of the Court, within three business days from the submission of the pre-motion letter. Response letters may address arguments raised in the pre-motion letter, propose an alternative briefing schedule, and indicate whether the party intends to oppose the contemplated motion or intends to correct any possible deficiencies in lieu of motion practice, such as by filing, or seeking leave to file, an amended complaint. A party’s submission of a pre-motion letter in connection 9 with a pre-answer motion to dismiss will stay that party’s obligation to answer or move against the complaint through the deadline to move to dismiss. The above requirements shall not apply to motions previously authorized by the Court, discovery motions or disputes (for which parties shall follow 5.C above), motions brought by order to show cause, motions by incarcerated pro se litigants, motions for admission pro hac vice, motions for reargument or reconsideration, motions for appointment of lead plaintiffs and counsel in class actions, motions for remand, motions for a preliminary injunction, motions brought pursuant to Local Rule 6.3, and motions described in Rule 6(b) of the Federal Rules of Civil Procedure and Rule 4(a)(4)(A) of the Federal Rules of Appellate Procedure. In the event a plaintiff files an amended complaint as of right pursuant to Rule 15(a)(1) of the Federal Rules of Civil Procedure after a defendant has filed a motion to dismiss, that defendant must file a letter with the Court within one week of the amendment, describing whether the defendant seeks to refile the motion as to the amended complaint. Source ↗