Judge Paul A. Engelmayer — United States District Court, Southern District of New York

Civil Case Management Plan and Scheduling Order

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Plaintiff(s),
-v-
Defendant(s).

X : : : : : : : : : : X -- Civ. ---- (PAE) CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER This Civil Case Management Plan (the “Plan”) is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). 1. All parties (consent) (do not consent) to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). [Circle one.] The parties are free to withhold consent without adverse substantive consequences. [If all parties consent, the remaining paragraphs need not be completed.] 2. This case (is) (is not) to be tried to a jury. [Circle one.] 3. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within ___ days from the date of this Order. [Absent exceptional circumstances, thirty (30) days.] 4. Initial disclosures, pursuant to Fed. R. Civ. P. 26(a)(1), shall be completed no later than ___ days from the date of this Order. [Absent exceptional circumstances, fourteen (14) days.] 5. All fact discovery shall be completed no later than ______________. [A period not to exceed 120 days, unless the Court finds that the case presents unique complexities or other exceptional circumstances.] 6. The parties are to conduct discovery in accordance with the Federal Rules of Civil Procedure and the Local Rules of the Southern District of New York. The following interim deadlines may be extended by the written consent of all parties without application to the Court, provided that all fact discovery is completed by the date set forth in paragraph 5 above. a. Initial requests for production of documents to be served by _________________. b. Interrogatories to be served by ________________________________________.

c. Depositions to be completed by _______________________________________. d. Requests to Admit to be served no later than _____________________________. 7. a. All expert discovery shall be completed no later than ______________________. [Absent exceptional circumstances, a date forty-five (45) days from the date in paragraph 5, i.e., the completion of all fact discovery.] b. No later than thirty (30) days prior to the date in paragraph 5, i.e., the completion of all fact discovery, the parties shall meet and confer on a schedule for expert disclosures, including reports, production of underlying documents and depositions, provided that (i) expert report(s) of the party with the burden of proof shall be due before those of the opposing party’s expert(s); and (ii) all expert discovery shall be completed by the date set forth in paragraph 7(a). 8. All motions and applications shall be governed by the Court’s Individual Rules and Practices, including the requirement of a pre-motion conference before a motion for summary judgment is filed. Pursuant to the authority of Fed. R. Civ. P. 16(c)(2), any motion for summary judgment will be deemed untimely unless a request for a pre-motion conference relating thereto is made in writing within fourteen (14) days of the date in paragraph 5, i.e., the close of fact discovery. 9. All counsel must meet face-to-face for at least one hour to discuss settlement within fourteen (14) days following the close of fact discovery. 10. a. Counsel for the parties have discussed an informal exchange of information in aid of early settlement of this case and have agreed upon the following:

b. Counsel for the parties have discussed the use of the following alternate dispute resolution mechanisms for use in this case: (i) a settlement conference before a Magistrate Judge; (ii) participation in the District’s Mediation Program; and/or (iii) retention of a privately-retained mediator. Counsel for the parties propose the following alternate dispute resolution mechanism for this case:

c. Counsel for the parties recommend that the alternate dispute resolution mechanism designated in paragraph 10(b), be employed at the following point in the case (e.g., within the next sixty days; after the deposition of plaintiff is completed (specify date); after the close of fact discovery):

d. The use of any alternative dispute resolution mechanism does not stay or modify any date in this Order. 11. The Final Pretrial Order date is thirty (30) days following the close of fact and expert discovery (whichever is later). By the Final Pretrial Order date, the parties shall submit a Joint Pretrial Order prepared in accordance with the undersigned’s Individual Rules and Practices and Fed. R. Civ. P. 26(a)(3). Any motions in limine shall be filed after the close of discovery on or before the Final Pretrial Order date. If this action is to be tried before a jury, proposed voir dire, jury instructions and verdict form shall also be filed on or before the Final Pretrial Order date. Counsel are required to meet and confer on a joint submission of proposed jury instructions and verdict form, noting any points of disagreement in the joint submission. Jury instructions may not be submitted after the Final Pretrial Order date, unless they meet the standard of Fed. R. Civ. P. 51(a)(2)(A). If this action is to be tried to the Court, proposed findings of fact and conclusions of law should be submitted on or before the Final Pretrial Order date. However, if any party files a motion for summary judgment in accordance with the Court’s Individual Rules, the deadlines in this paragraph are stayed pending resolution of that motion. 12. Counsel for the parties have conferred and their present best estimate of the length of trial is ___________________. 13. [Other items, including those in Rule 26(f)(3).]

TO BE COMPLETED BY THE COURT: The Plan has been reviewed by the Court and, except as modified, is adopted as the Scheduling Order of this Court in accordance with Fed. R. Civ. P. 16(b). 14. [Other] 15. The next Case Management Conference is scheduled for ______________ at _________

This ORDER may not be modified or the dates herein extended, except by further Order of this Court for good cause shown. Any application to modify or extend the dates herein (except as noted in paragraph 6) shall be made in a written application in accordance with paragraph 1.E of the Court’s Individual Rules and Practices and shall be made no less than two (2) business days prior to the expiration of the date sought to be extended.

Paul A. Engelmayer United States District Judge Dated: New York, New York

Unless otherwise indicated, the Case Management Conference will be held telephonically. The parties should call into the Court’s dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound (#) key. Counsel are directed to review the Court’s Emergency Individual Rules and Practices in Light of COVID-19, found at https://nysd.uscourts.gov/hon-paul-engelmayer, for the Court’s procedures for telephonic conferences and for instructions for communicating with chambers.

All conferences with the Court are scheduled for a specific time; there is no other matter scheduled for that time, and counsel are directed to appear promptly. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel.

Please email to EngelmayerNYSDChambers@nysd.uscourts.gov, no later than twenty-four hours before the conference, the names of any counsel who wish to enter an appearance at the conference, and the number from which each counsel will be calling.

Emergency Individual Rules and Practices in Light of COVID-19

Revised: March 19, 2020 EMERGENCY INDIVIDUAL RULES AND PRACTICES IN LIGHT OF COVID-19 Paul A. Engelmayer United States District Judge Chambers Email: EngelmayerNYSDChambers@nysd.uscourts.gov Unless otherwise ordered by the Court, these Emergency Individual Rules and Practices apply to all matters before Judge Engelmayer (whether criminal or civil and whether involving a pro se party or all counseled parties), and they are a supplement to Judge Engelmayer’s standard Individual Rules and Practices. If there is a conflict between these Rules and Judge Engelmayer’s standard Individual Rules and Practices, these Rules control.

1. No Paper Submissions Absent Undue Hardship A. No papers, including courtesy hard copies of any filing or document, may be submitted to Chambers. All documents must be filed on ECF or, if permitted or required under the Court’s Individual Rules and Practices, emailed to EngelmayerNYSDChambers@nysd.uscourts.gov. B. In the event that a party or counsel is unable to submit a document electronically — either by ECF or email — the document may be mailed to the Court. To the maximum extent possible, however, this means of delivery should be avoided, as delivery of mail to the Court is likely to be delayed.
2. Conferences and Proceedings A. In Civil Cases. Unless otherwise ordered by the Court, all conferences and proceedings in civil cases will be held by telephone. B. In Criminal Cases. To the maximum extent possible, all conferences and proceedings will be held by either telephone or video. No later than one week before a scheduled appearance, counsel must confer and submit a letter to the Court indicating their views on whether the Court can, consistent with the U.S. Constitution, Federal Rules of Criminal Procedure (see, e.g., Rules 5(f), 10(b) & (c), and 43) and any other relevant law, conduct the matter by telephone or video and, if applicable, whether the Defendant either consents to appearing in that manner or to waiving his or her appearance altogether. Counsel should include the same information in any request for a conference or other proceeding. C. Teleconferences Generally. At least 24 hours before a scheduled teleconference, parties are directed jointly to email Chambers a list of counsel—no more than 2

attorneys per party, unless otherwise ordered—who may be speaking during the teleconference. The email should also set forth the telephone numbers from which counsel expect to join the call. To facilitate orderly teleconferences and the creation of an accurate transcript, counsel are required to identify themselves every time they speak during the call. 3. Communications with Chambers A. Telephone Calls. Telephone calls will not be answered but will go to voicemail; and there may be significant delays in responding to any voicemail messages.
Thus, parties are encouraged to make any requests or inquiries to the Court through ECF or, if permitted or required under the Court’s Individual Rules and Practices, by email. If leaving a voicemail, a party should (1) briefly state the nature of the issue (including, if applicable, the case name and docket number); and (2) provide a call-back telephone number. i. Discovery Disputes. Parties seeking to inform the Court of their intention to oppose a discovery dispute, pursuant to the Court’s Individual Rule 2(C), should email, rather than call, Chambers promptly to advise that a responsive letter will be forthcoming. B. Urgent Matters. For urgent matters requiring immediate attention, parties should send an email to Chambers that (1) includes the word “URGENT” in the subject line; (2) specifies the case name and docket number; (3) briefly describes the nature of the issue; and (4) provides a telephone number at which the party (and any other relevant parties) can be reached. C. Faxes. Faxes are not permitted for any purposes.
D. Hand Deliveries. Nothing may be delivered to Chambers absent advance permission from the Court. E. By Pro Se Parties. Pro se parties are encouraged to (1) consent to electronic service (via ECF or email); or (2) seek the Court’s permission to file documents through the ECF system or by email to the Court. Unless the Court grants permission to file documents electronically, all communications with the Court by a pro se party must be mailed to the Pro Se Intake Unit, Thurgood Marshall Courthouse, 40 Centre Street, Room 105, New York, New York 10007. Any questions should be directed to the Pro Se Intake Unit at (212) 805-0175. F. In New Criminal Cases. Upon assignment of a new criminal case to Judge Engelmayer, the Assistant United States Attorney must immediately email the Court to arrange for a prompt conference/arraignment.
4. Applications for Temporary Restraining Orders (“TROs”).
Parties intending to file applications for TROs or other emergency relief must send all of their papers (in text-searchable PDF format) to the Court by email. The email should (1) include the word “URGENT” in the subject line; (2) provide a telephone number at

which the party (and any other relevant parties) can be reached; and (3) provide the relevant parties’ availability for a telephone conference in the next few days. As noted above, parties should not hand-deliver any documents without advance permission.
5. Motions for Default Judgment.
Any party seeking a default judgment after March 19, 2019, must proceed by filing a motion for default judgment must proceed by filing a motion for default judgment on ECF pursuant to Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(b).
A party seeking a default judgment should not proceed by order to show cause. The motion must be supported by the following papers: A. An attorney’s affidavit or declaration setting forth: i. the basis for entering a default judgment, including a description of the method and date of service of the summons and complaint; ii. the procedural history beyond service of the summons and complaint, if any; iii. whether, if the default is applicable to fewer than all of the defendants, the Court may appropriately order a default judgment on the issue of damages prior to resolution of the entire action; iv. the proposed damages and the basis for each element of damages, including interest, attorneys’ fees, and costs; and v. legal authority for why an inquest into damages would be unnecessary; B. a proposed default judgment; C. copies of all the operative pleadings; D. a copy of the affidavit of service of the summons and complaint; and E. if failure to answer is the basis for the default, a Certificate of Default from the Clerk of Court stating that no answer has been filed. In order to obtain a Clerk’s Certificate of Default, and before moving for a default judgment, the party must: (1) file via ECF a Request to Enter Default, a supporting affidavit, and a proposed Clerk’s Certificate of Default, available at www.nysd.uscourts.gov/file/forms/clerks-certificate-of-default; and (2) otherwise comply with Section 16.1 of the SDNY’s ECF Rules & Instructions, available at www.nysd.uscourts.gov/ecf_filing.php.
The plaintiff must serve the motion for default judgment and supporting paperwork on the party against whom default judgment is sought and file an affidavit of service on ECF within fourteen days of filing the motion for default judgment. The Court will not

consider the motion for default judgment until such affidavit of service is filed. If more than fourteen days are required to complete service of the motion for default judgment and supporting papers, the plaintiff should file a letter on ECF explaining why additional time is necessary and when the plaintiff anticipates service will be completed. 6. Pro Se Clinic The New York Legal Assistance Group’s Pro Se Clinic has suspended all in-person client meetings until further notice. Limited-scope legal assistance will continue to be provided, but only by appointment and only over the telephone. To schedule an appointment, call (212) 659-6190 and leave a message specifying a call-back number.

Individual Rules And Practices In Civil Cases

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Revised: May 2026

INDIVIDUAL RULES AND PRACTICES IN CIVIL CASES

Paul A. Engelmayer United States District Judge

Chambers

Courtroom
United States District Court

Courtroom 1305
Southern District of New York

40 Foley Square 40 Foley Square, Room 2201

A.J. Smallman, Courtroom Deputy
New York, NY 10007

212-805-0268 EngelmayerNYSDChambers@nysd.uscourts.gov

Unless otherwise ordered, these Individual Practices shall apply to all civil matters before Judge Engelmayer, except for civil pro se cases. If a case is designated by Order of the Court to be part of one of the Court’s pilot projects or plans (e.g., the Plan for Certain Section 1983 Cases Against the City of New York, the Pilot Project Regarding Case Management Techniques for Complex Civil Cases, or the Initial Discovery Protocols for Employment Cases Alleging Adverse Action), the procedures in such project or plan shall govern to the extent that they are inconsistent with these Individual Practices.

1. Communications with Chambers

A. Letters. Except as otherwise provided below, communications with the Court shall be by letter. Letters must be filed electronically on ECF. Letters may not exceed three pages in length without prior permission from Chambers. Letters solely between parties or their counsel or otherwise not addressed to the Court may not be filed on ECF or otherwise sent to the Court (except as exhibits to an otherwise properly filed document).

Letters to be filed under seal or containing sensitive or confidential information 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.

B. Telephone Calls. For urgent matters, call Chambers at (212) 805-0268. Otherwise, all communications with Chambers shall be by letter or letter-motion filed on ECF. Any voicemail messages should identify the identity of the caller, a call-back number, and the relevant case number.

C. Faxes. Faxes to Chambers are not permitted.

D. Hand Deliveries. Hand-delivered mail should be taken to Worth Street entrance of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, and may not be brought directly to

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Chambers. Hand deliveries are continuously retrieved by Courthouse mail staff and then forwarded to Chambers. However, if the hand-delivered material is urgent and requires the Court’s immediate attention, ask the Court Security Officers to notify Chambers that an urgent package has arrived that needs to be retrieved by Chambers staff immediately.

E. Requests for Adjournments or Extensions of Time. All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions, not as proposed stipulations or orders. (If a request contains sensitive or confidential information, it may 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.)

1. Timing: 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 two business days prior to the scheduled appearance.

2. Content: The letter must state: (1) the original due date, the date or dates sought to be extended, and the new date the party now seeks through an adjournment or extension; (2) the number of previous requests for adjournment or extensions of time; (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. If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Civil Case Management Plan and Scheduling Order must be attached.

F. Related Cases. After an action has been accepted as related to a prior filing, all future court papers and correspondence must contain the docket number of the new filing, as well as the docket number of the case to which it is related (e.g., 11-CV-1234 [rel. 10-CV-4321]).

G. ECF. Counsel are responsible for updating their contact information on ECF, should it change, and they are responsible for ensuring that they are aware of all docket activity in their cases, regardless of whether they receive ECF notifications.

2. Conferences and Discovery

A. In-Person Conferences. Unless otherwise ordered by the Court, all in-person conferences will be held in Courtroom 1305 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY.

B. Teleconferences. Unless otherwise ordered by the Court, any proceeding held by telephone will be on the Court’s dedicated conference line, which can be accessed by calling (855) 244-8681, and entering Access Code 2318-315-0661, followed by the pound (#) key.
Whenever possible, counsel should use a landline and a headset instead of speakerphone.
Counsel should mute themselves when they are not speaking to eliminate background noise.

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C. Attendance by Principal Trial Counsel. The attorney who will serve as principal trial counsel must appear at all conferences with the Court.

D. Initial Case Management Conference. The Court will generally schedule a Fed. R. Civ. P. 16(c) conference approximately two weeks after an answer or motion to dismiss is filed. The Notice of Initial Pretrial Conference will be docketed on ECF; plaintiff’s counsel is directed to notify all counsel of this Order forthwith. At the initial conference, the Court will schedule a next conference for approximately one month after the close of fact discovery. This next conference will either serve as a pre-motion conference (in the event any party intends to move for summary judgment, see Section 3.K below) or will be used to set a trial date and dates for pretrial submissions.

1. Required Materials: At least four business days before the conference date, the parties must file on ECF: (1) a proposed Civil Case Management Plan and Scheduling Order, available on the Court’s website at https://nysd.uscourts.gov/hon-paul- engelmayer; and (2) a joint letter, not to exceed three single-spaced pages in length, describing the case, any contemplated motions, and the prospect for settlement. The parties must also email EngelmayerNYSDChambers@nysd.uscourts.gov the names of counsel who will be appearing at the conference, denoting lead counsel with an asterisk.

E. Discovery Disputes. 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, the party must submit a letter to the Court via ECF, no longer than three single-spaced pages, explaining the nature of the dispute, the legal standards governing the issue, and case law, if any, supporting the party’s position.
Such a letter must include a representation that the meet-and-confer process occurred and was unsuccessful. If the opposing party wishes to respond to the letter, it must do so within three business days and should call Chambers promptly to advise that a responsive letter will be forthcoming. Reply letters are not invited. Either party may, in their letter, request an informal conference. If the Court schedules such a conference, counsel should be prepared to discuss the matters raised by such letters, as the Court will seek to resolve discovery disputes quickly, including by telephone conference call.

3. Motions

A. Pre-Motion Conferences in Civil Cases. Pre-motion conferences are not required, except for motions concerning discovery, which are governed by Section 2.E above, and for summary judgment motions, which are governed by Section 3.K below.

B. Motions to Dismiss. If a motion to dismiss is filed, the plaintiff has a right to amend its pleading, pursuant to Federal Rule of Civil Procedure 15(a)(1)(B), within 21 days. If the non-moving party elects not to amend its pleading, no further opportunity to amend will ordinarily be granted, and the motion to dismiss will proceed in the normal course. If the

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plaintiff amends its pleading, the defendant must, within 21 days of such amendment:
(1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying the plaintiff, stating that it relies on the previously filed motion to dismiss.

C. Memoranda of Law. The Court encourages and appreciates brevity. 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. All memoranda of law shall be in 12-point font or larger and be double-spaced. Memoranda of 10 pages or more shall contain a table of contents and a table of authorities, neither of which shall count against the page limit. All appendices to memoranda of law must be tabbed and indexed.

D. Filing of Motion Papers. Motion papers shall be filed promptly after service.

E. Courtesy Copies. Unless the Court orders otherwise, parties should not submit courtesy copies of any submissions.

F. Unpublished Cases. If a party cites a case not available in an official reporter, the Westlaw citation should be used whenever possible.

G. Text Searchable Submissions. If feasible, a party should file its submission(s) in text- searchable format created by converting the document electronically to PDF by computer (that is, not by scanning a printed document). If a PDF is created by scanning a printed document (for instance, in the case of a pre-existing documentary exhibit), the party should use software to make the document text searchable whenever possible.

H. Use of Artificial Intelligence or Large Language Models. Counsel is responsible for making complete and accurate representations as to the record, procedural history of the case, and any cited legal authorities. The Court takes no position as to the use of artificial intelligence, but counsel must at all times personally confirm for themselves the accuracy of any research conducted by these means. At all times, counsel—and specifically designated lead counsel—bears responsibility for the accuracy of any filings.

I. Amended or Corrected Filings. Any amended or corrected filing shall be filed with a redline showing all differences between the original and revised filing.

J. Oral Argument on Motions. Parties may request oral argument by letter at the time their moving or opposing or reply papers are filed. The Court will determine whether argument will be heard and, if so, will advise counsel of the argument date.

K. Post-Discovery Settlement Conference. In cases to be tried by jury, within two weeks of the close of fact discovery, the parties must submit a joint letter to the Court stating whether all parties consent to a settlement conference to be held before this Court or the assigned Magistrate Judge. The letter should not identify, explicitly or implicitly, any party that has declined to so consent.

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L. Motions for Summary Judgment. If a party wishes to move for summary judgment, it must, within 14 days of the close of fact discovery, request that the pre-motion / pretrial conference previously scheduled for after the close of fact discovery serve as a pre-motion conference. To so request, the moving party shall submit a letter via ECF, not to exceed three single-spaced pages in length, setting forth the basis for the anticipated motion, including the legal standards governing the claims at issue. Other parties shall respond similarly within one week. The Court will review and discuss with counsel any anticipated summary judgment motions at the pre-motion / pretrial conference.

1. Rule 56.1 Statements. Any party moving for summary judgment shall provide all other parties with an electronic copy, in Microsoft Word format, of the moving party’s Statement of Material Facts Pursuant to Local Rule 56.1. Opposing parties must reproduce each entry in the moving party’s Rule 56.1 Statement, and set out the opposing party’s response directly beneath it. If the opposing party wishes to file their own, additional statements of material fact, it shall begin numbering each entry where the moving party left off. To streamline the summary judgment briefing process, the Court strongly encourages the parties to also negotiate and submit, prior to or along with the movant’s Rule 56.1 Statement, a Joint Rule 56.1 Statement setting out all facts on which the parties agree.

2. Pretrial Deadlines. Upon the filing of a summary judgment motion, the deadline to file a joint pretrial order and associated materials is adjourned pending resolution of the motion.

M. Letter-Motions. Letter-motions must be filed via ECF if they comply with the S.D.N.Y. Local Rules and the S.D.N.Y. “Electronic Case Filing Rules and Instructions.” In particular, all requests for adjournments, extensions, and pre-motion conferences (including pre-motion conferences with respect to discovery disputes) must be filed as letter-motions.

N. Failure of the Court to Schedule Argument or Decide a Motion. If a motion is not decided within 60 days of the time that it has become fully briefed, counsel for the movant shall send a letter to alert the Court.

O. Preliminary Injunction Motions. The Court generally follows the procedure for the conduct of non-jury trials described in Section 5.C below, to wit, parties should submit any documentary exhibits, declarations, and / or affidavits in support of or in opposition to such motion at the time they submit their legal memoranda in support of or in opposition to such motion.

P. Applications for a Temporary Restraining Order. A party must confer with his or her adversary before making an application for a temporary restraining order unless the requirements of Fed. R. Civ. P. 65(b) are met. As soon as a party decides to seek a temporary restraining order, he or she must email Chambers at EngelmayerNYSDChambers@nysd.uscourts.gov and state clearly whether (1) he or she has notified their adversary, and whether the adversary consents to temporary injunctive relief; or

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(2) the requirements of Fed. R. Civ. P. 65(b) are satisfied and no notice is necessary. The moving party must also give notice of the time frame requested for Court action. If the motion is made on notice, all parties should be copied on the email.

The moving party should then file a Motion for a Temporary Restraining Order, supporting documents, and a proposed order on ECF in accordance with the procedures found in ECF Rule 18.2. Information on filing an application ex parte may be found in section 6, Sealed Filing, of the S.D.N.Y. ECF Rules & Instructions, available at https://nysd.uscourts.gov /rules/ecf-related-instructions. Where the motion is made on notice to the other parties, the moving party should simultaneously serve the documents on any party that will not receive electronic service via the ECF system.

If the matter is time-sensitive and Chambers does not respond within two hours, the moving party may contact the Clerk’s Office before the end of the business day at (212) 805-0140.

If a party’s adversary has been notified but does not consent to temporary injunctive relief, the party seeking a restraining order must file the application at a time mutually agreeable to it and the adversary, so that the Court may have the benefit of advocacy from both sides in deciding whether to grant temporary injunctive relief.

Q. Default Judgments. A plaintiff seeking a default judgment must proceed by filing a motion for default judgment on ECF pursuant to Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(b). A plaintiff seeking a default judgment should not proceed by order to show cause. The motion must be supported by the following papers:
i. an attorney’s affidavit or declaration setting forth: (a) the basis for entering a default judgment, including a description of the method and date of service of the summons and complaint; (b) the procedural history beyond service of the summons and complaint, if any; (c) whether, if the default is applicable to fewer than all of the defendants, the Court may appropriately order a default judgment on the issue of damages prior to resolution of the entire action; (d) the proposed damages and the basis for each element of damages, including interest, attorney’s fees, and costs; and
(e) legal authority for why an inquest into damages would be unnecessary;

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ii. a proposed default judgment; iii. copies of all the operative pleadings; iv. a copy of the affidavit of service of the summons and complaint; and v. if failure to answer is the basis for the default, a Certificate from the Clerk of Court stating that no answer has been filed.

The Court will review the motion for default judgment and, if appropriate, issue an order setting a date and time for a default judgment hearing. If the Court issues such an order, the plaintiff must then serve on the party against whom default judgment is sought: (1) the motion for default judgment and supporting papers; and (2) the Court’s order setting a date and time for the default judgment hearing. The plaintiff must file proof of such service on the docket in the manner and by the date specified in the Court’s order setting the default judgment hearing.

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4. Other Pretrial Guidance

A. Cases Removed from State Court. Counsel for the party or parties that removed the case must, in addition to providing a copy of all process, pleadings, and papers served upon the defendants pursuant to 28 U.S.C. § 1446(a), provide the Court with a courtesy copy of any pleading filed or served while the case remained in State court. Counsel for all parties must file a notice of appearance in this Court promptly upon removal.

B. Redactions and Filing Under Seal.

1. Sealing/Redactions Not Requiring Court Approval. The parties are referred to Federal Rule of Civil Procedure 5.2, the E-Government Act of 2002, and the Southern District’s ECF Privacy Policy (“Privacy Policy”) and reminded not to include, unless necessary, the five categories of “sensitive information” in their submissions (i.e., social security numbers [use the last four digits only], names of minor children [use the initials only], dates of birth [use the year only], financial account numbers [use the last four digits only], and home addresses [use only the City and State]). Parties may redact the five categories of “sensitive information” and the six categories of information requiring caution (i.e., personal identifying number, medical records (including information regarding treatment and diagnosis), employment history, individual financial information, proprietary or trade secret information, and information regarding an individual’s cooperation with the government), as described in the Privacy Policy, without Court approval.
2. Sealing/Redaction Requiring Court Approval. Except for those permitted by Paragraph 4.B.1, all sealing and redactions require Court approval. To be approved, redactions must be narrowly tailored to serve whatever purpose justifies them and otherwise consistent with the presumption in favor of public access to judicial documents. See, e.g., 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, 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).
3. Procedures for Filing Sealed or Redacted Documents. 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. Any party seeking to file a document under seal or in redacted form shall proceed as follows: i. Sealed Document(s). 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

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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.
ii. Redacted Document(s). 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. iii. Submission by Email. 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, shall file a letter- motion seeking leave of the Court to file in a different manner. If the party is unable to file such a letter-motion on ECF, or believes there is good cause not to file such a letter-motion on ECF, the party may submit it by email (at EngelmayerNYSDChambers@nysd.uscourts.gov) as a text-searchable PDF attachment with a copy simultaneously delivered to all counsel. Any such email shall state clearly in the subject line: (1) the caption of the case, including the lead party names and docket number; and (2) a brief description of the contents of the letter. Parties may not include substantive communications in the body of the email; such communications may be included only in the body of the letter C. Settlement Agreements. The Court will not retain jurisdiction to enforce confidential settlement agreements. If the parties wish that the Court retain jurisdiction to enforce the agreement, the parties must place the terms of their settlement agreement on the public record. The parties may either provide a copy of the settlement agreement for the Court to endorse or include the terms of their settlement agreement in their stipulation of settlement and dismissal.

Settling parties in cases brought under the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq., should also refer to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015) and Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332 (S.D.N.Y. 2012).

D. Diversity Jurisdiction Cases. In any action in which subject matter jurisdiction is founded on diversity of citizenship pursuant to 28 U.S.C. § 1332, the party asserting the existence of such jurisdiction shall, prior to the Initial Pretrial Conference, submit to the Court a letter no longer than two pages explaining the basis for that party’s belief that diversity of citizenship exists. Where any party is a corporation, the letter shall state both the place of incorporation and the principal place of business. In cases where any party is a partnership, limited partnership, limited liability company, or trust, the letter shall state the

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citizenship of each of the entity’s members, shareholders, partners, and / or trustees.

E. Bankruptcy Appeals. Briefs must be submitted in accordance with Fed. R. Bankr. P. 8009–10. Counsel may extend the default deadlines by stipulation submitted to the Court no later than two business days before the brief is due.

5. Trial Procedures

A. Joint Pretrial Order. If neither party has submitted a pre-motion letter seeking to move for summary judgment, the Court will set a date for trial at the pretrial conference held shortly after the close of discovery. The Court will also then set a deadline for the proposed joint pretrial order, which shall include the following:
i. The full caption of the action; ii. The names, law firms, addresses, and telephone and fax numbers of trial counsel;
iii. A brief statement by plaintiff as to the basis of subject matter jurisdiction, and a brief statement by each other party as to the presence or absence of subject matter jurisdiction. Such statements shall include citations to all statutes relied on and relevant facts as to citizenship and jurisdictional amount; iv. A brief summary by each party of the claims and defenses that the party asserts remain to be tried, including citations to any statutes on which the party relies.
Such summaries shall also identify all claims and defenses previously asserted which are not to be tried. The summaries should not recite any evidentiary matter; v. A statement as to the number of trial days needed and whether the case is to be tried with or without a jury, without identifying which parties do or do not seek a jury trial; vi. A statement as to whether or not all parties have consented to trial by a magistrate judge, without identifying which parties do or do not consent; vii. Any stipulations or agreed statements of fact or law to which all parties consent;
viii. A list of all trial witnesses, indicating whether such witnesses will testify in person or by deposition, and a brief summary of the substance of each witness’s testimony; ix. A designation by each party of deposition testimony to be offered in its case in chief and any counter-designations and objections by any other party; and x. A list by each party of exhibits to be offered in its case in chief, with one star indicating exhibits to which no party objects on grounds of authenticity, and two stars indicating exhibits to which no party objects on any ground.

B. Required Pretrial Filings. Each party shall file and serve with the joint pretrial order:
i. In all cases, motions addressing any evidentiary issues or other matters which should be resolved in limine;
ii. In all cases where a party believes it would be useful to the Court, a pretrial memorandum of law; iii. In jury cases, requests to charge and proposed voir dire questions; and

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iv. In non-jury cases, proposed findings of fact and conclusions of law. The proposed findings of fact should be detailed and should include citations to the proffered trial testimony and exhibits, as there may be no opportunity for post- trial submissions.

C. Additional Submissions in Non-Jury Cases. At the time the joint pretrial order is filed, each party shall submit to the Court and serve on opposing counsel, the following:
i. Copies of affidavits constituting the direct testimony of each trial witness, except for the direct testimony of an adverse party, a person whose attendance is compelled by subpoena, or a person for whom the Court has agreed to hear direct testimony live at the trial. (The Court’s practice is, at the pretrial conference held after the close of discovery, to determine, after consultation with counsel, which direct testimony to hear live and which to receive by means of affidavit.) Three business days after submission of such affidavits, counsel for each party shall submit a list of all affiants whom he or she intends to cross-examine at the trial.
Only those witnesses who will be cross-examined need to appear at trial. The original signed affidavits should be brought to trial to be marked as exhibits; ii. All deposition excerpts which will be offered as substantive evidence, as well as a one-page synopsis of those excerpts for each deposition. Each synopsis shall include page citations to the pertinent pages of the deposition transcripts; and iii. All documentary exhibits.

D. Filings in Opposition. Absent another order of the Court, any party may file the following documents within one week after the filing of the pretrial order, but in no event less than two days before the scheduled trial date:
i. Objections to another party’s requests to charge or proposed voir dire questions; ii. Opposition to any motion in limine; and iii. Opposition to any legal argument in a pretrial memorandum.

E. Courtesy Copies. Two courtesy copies of all documents identified in Sections 5.A–D above should be submitted to Chambers on the date on which they are to be served or filed.
Voluminous material may be organized either in binders or manila file folders, but in any event, the courtesy copies shall be separately arranged into two independent sets.

F. Trial Schedule. Trials will generally be conducted Monday through Thursday from 9:30 a.m. to 5:00 p.m., with a one-hour break for lunch.

6. Policy on the Use of Electronic Devices

A. Mobile Phones and Personal Electronic Devices. Attorneys’ use of mobile phones, Blackberries, and other personal electronic devices within the Courthouse and its environs is governed by Standing Order M10-468. Any attorney wishing to bring a telephone or other personal electronic device into the Courthouse must be a member of this Court’s Bar, must obtain the necessary service pass from the District Executive’s Office, and must show the service pass upon entering the Courthouse. Mobile phones are permitted inside the

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Courtroom, but must be kept turned off at all times. Non-compliance with this rule will result in forfeiture of the device for the remainder of the proceedings.

B. Computers, or Other Electronic Equipment. In order for an attorney to bring into the Courthouse any computer, printer, or other electronic equipment not qualifying as a “personal electronic device,” specific authorization is required by prior Court Order. Any party seeking to bring such equipment into the Courthouse should send a letter to Chambers at least 10 business days before the relevant trial or hearing requesting permission to use such equipment. The letter shall identify the type(s) of equipment to be used and the name(s) of the attorney(s) who will be using the equipment, printers will not be permitted. Chambers will coordinate with the District Executive’s Office to issue the Order and forward a copy to counsel. The Order must be shown upon bringing the equipment into the Courthouse.

Individual Rules of Practice for Sentencing Proceedings

Revised: January, 2016 Individual Rules of Practice for Sentencing Proceedings Paul A. Engelmayer, United States District Judge Courtroom Courtroom 1305 40 Foley Square A.J. Smallman, Courtroom Deputy Chambers United States District Court
Southern District of New York 40 Foley Square New York, NY 10007 EngelmayerNYSDChambers@nysd.uscourts.gov The Court assumes that every document in a sentencing submission, including letters, will be filed in the public record via the ECF system, using the procedures described below. The defendant is responsible for filing all letters submitted on behalf of the defendant, including those from friends, relatives, etc. The Government is responsible for filing all letters from victims.

1. Sentencing Submissions A defendant’s sentencing submission, including letters on the defendant’s behalf, shall be served two weeks in advance of the date set for sentence. The Government’s sentencing submission shall be served one week in advance of the date set for sentence. The parties should provide the Court with one courtesy copy of each submission (via e-mail) when it is served. At the time it is served, a party shall file its sentencing submission following one of the two procedures described here.
   A. Paper Filing. Courtesy copies shall be mailed to Chambers only if the submission exceeds 10 pages. B. ECF Filing. If letters are filed electronically, they must be grouped and filed together as attachments to a single document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated. If an electronically filed submission contains any redacted information, an unredacted version shall be e-mailed to Chambers.
2. Redactions If a party redacts information beyond the eleven categories of information identified in the Privacy Policy, an application to do so must be served and filed at the time the sentencing submission is served. The application should clearly identify the redaction and explain the reasons for the redaction. The application will be addressed at the sentencing proceeding. In this regard, the parties are referred to E-Government Act of 2002 and the Southern District’s ECF Privacy Policy (“Privacy Policy”) and reminded not, unless necessary, to include the five

categories of “sensitive information” in their submissions (i.e., social security numbers, names of minor children [use the initials only], dates of birth [use the year only], financial account numbers, and home addresses [use only the City and State]). Parties may redact the five categories of “sensitive information” and the six categories of information requiring caution (i.e., personal identifying number, medical records, treatment and diagnosis, employment history, individual financial information, proprietary or trade secret information, and information regarding an individual’s cooperation with the government) as described in the Privacy Policy, without application to the Court. If any material is redacted from the publicly filed document, only those pages containing the redacted material will be filed under seal. Bring a copy of those pages to the sentencing proceeding, marked to indicate what information has been redacted from the publicly filed materials, to give to the Court for filing under seal. 3. Communication with Chambers If you have any questions about these practices, contact the Courtroom Deputy, A.J. Smallman, EngelmayerNYSDChambers@nysd.uscourts.gov.

Individual Rules of Practice in Civil Pro Se Cases

Revised: February 9, 2016 INDIVIDUAL RULES AND PRACTICES IN CIVIL PRO SE CASES Paul A. Engelmayer United States District Judge Pro Se Office
United States District Court
Southern District of New York 500 Pearl Street, Room 230
New York, NY 10007 (212) 805-0175 Unless otherwise ordered by Judge Engelmayer, these Individual Practices apply to all civil pro se cases.
1. Communications with Chambers A. By a Pro Se Party. All communications with the Court by a pro se party should be delivered in person or mailed to the Pro Se Office, United States Courthouse, 500 Pearl Street, Room 200, New York, New York 10007. No documents or court filings may be sent directly to Chambers. Unless the Court orders otherwise, all communications with the Court will be docketed upon receipt; such docketing shall constitute service on any user of the ECF system. If any other party is not a user of the ECF system (e.g., if there is another pro se party in the case), a pro se party must send copies of any filing to that party and include an Affidavit of Service or other statement affirming that it has done so. Copies of correspondence between a pro se party and opposing parties shall not be sent to the Court. B. By Parties Represented by Counsel. Except as otherwise provided below, communications with the Court by a represented party shall be governed by Judge Engelmayer’s Individual Rules and Practices in Civil Cases, available at http://nysd.uscourts.gov/judge/Engelmayer. C. Requests for Adjournments or Extensions of Time. All requests for adjournments or extensions of time must be made in writing and must state: (1) the original date(s); (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) the reasons for the requested extension; (5) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent; and (6) the date of the parties’ next scheduled appearance before the Court. If the requested adjournment or extension affects any other scheduled dates, a represented party must submit a proposed Revised Scheduling Order in accordance with Judge Furman’s Individual Rules and Practices in Civil Cases. A pro se party may, but is not required to, submit a proposed Revised Scheduling Order. Requests for extensions of deadlines regarding a matter that has been referred to a Magistrate Judge shall be directed to that assigned Magistrate Judge.

Absent an emergency, any request for an extension or adjournment shall be made at least 48 hours prior to the deadline or scheduled appearance. 2. Filing of Papers and Service A. Papers Filed by a Pro Se Party. All papers to be filed with the Court by a pro se party, along with one courtesy copy of those papers, shall be delivered in person or sent by mail to the Pro Se Office, United States Courthouse, 500 Pearl Street, Room 200, New York, New York 10007. Any pro se party that wishes to participate in electronic case filing (“e-filing”) must file a Motion for Permission for Electronic Case Filing (available at http://nysd.uscourts.gov/file/forms/motion-for-permission-for-electronic-case-filing-for-pro- se-cases and in the Pro Se Office). If the Court grants a motion to participate in “e-filing,” that party will not receive hardcopies of any document filed electronically via ECF. B. Service on a Pro Se Party. Counsel in pro se cases must serve a pro se party with a paper copy of any document that is filed electronically and must file with the Court a separate Affidavit of Service. Submissions filed without proof of service that the pro se party was served will not be considered. 3. Discovery All requests for discovery by a pro se party should be sent to counsel for the party from whom discovery is sought. Discovery requests should not be sent to the Court. If there are any discovery disputes, the parties are required to confer with one another in an effort to resolve the dispute without the need for Court intervention. If the parties are unable to resolve their dispute, either party may file a letter-motion, no longer than three pages and in accordance with Paragraph 1 above, explaining the nature of the dispute and requesting an informal conference. If the opposing party wishes to respond to the letter, it must promptly file a responsive letter, not to exceed three pages. 4. Motions A. Filing and Service. All motions, unless brought on by an Order to Show Cause, should be made with a return date six weeks after the date of service. Unless otherwise ordered by the Court, opposing papers must be served and filed within four weeks of service of the motion papers, and reply papers, if any, must be served and filed within two weeks of receipt of opposition papers. B. Courtesy Copy. One courtesy hard copy of all formal motion papers, marked as such, should be submitted to Chambers by the non-pro se party at the time the reply is due. Courtesy copies should not be submitted to Chambers at the time of filing. If all the parties are pro se, then no courtesy copies of formal motion papers are required.

C. Oral Argument. Unless otherwise ordered by the Court, argument will not be heard in pro se matters. D. Pro Se Notices. Parties who file a motion to dismiss, a motion for judgment on the pleadings, or a motion for summary judgment must provide the pro se party with a copy of the notices required under Local Civil Rules 12.1 or 56.2. E. Special Rule for Summary Judgment Motions. With respect to any deposition that is supplied, whether in whole or in part, in connection with a summary judgment motion, the index to the deposition should be included if it is available. 5. Initial Case Management Conference The Court will generally schedule an initial case management conference within two months of the filing of the Answer. Incarcerated parties may not be able to attend this or other conferences, but may be able to participate by phone. If incarcerated parties do not have counsel, a family member or a representative may attend the conference if an incarcerated party is unable to participate. If a representative is designated, he or she should contact Chambers, Courtroom Deputy, at EngelmayerNYSDChambers@nysd.uscourts.gov, to determine the location of the conference. The Court will also send a transcript of the conference to the incarcerated party. If an incarcerated party does not have counsel and a representative cannot be sent to a conference, the pro se party should write to the Judge regarding any issue the pro se party wishes to have addressed at the conference. 6. Trial Documents A. Pretrial Statement. Within 30 days of the completion of discovery unless otherwise ordered by the Court, a pro se plaintiff shall file a concise, written Pretrial Statement. This Statement need take no particular form, but it must contain the following: 1) a statement of the facts plaintiff hopes to prove at trial; 2) a list of all documents or other physical objects that the plaintiff plans to put into evidence at trial; and 3) a list of the names and addresses of all witnesses plaintiff intends to have testify at trial. The Statement must be sworn by the plaintiff to be true and accurate based on the facts known by the plaintiff. The pro se plaintiff shall file an original, plus one courtesy copy, of this Statement with the Pro Se Office and serve a copy on all defendants or their counsel if they are represented. The original Statement must include a certificate stating the date a copy was mailed to the attorney for the defendant. Two weeks after service of plaintiff's Statement, the defendant must file and serve a similar Statement of its case containing the same information. B. Other Pretrial Filings. If the case is to be tried before only a Judge without a jury, any parties represented by counsel must also file proposed findings of fact and conclusions of law at the time of filing the Pretrial Statement. If the case is to be tried before a jury, any parties represented by counsel must also file proposed voir dire questions, a proposed jury charge,

and a proposed verdict form at the time of filing the Pretrial Statement. At the time of filing, a represented party should e-mail these documents to the Court (EngelmayerNYSDChambers@nysd.uscourts.gov), in both .pdf and Microsoft Word formats. The pro se party may file such documents, but is not required to do so and need not submit them by e-mail.

Individual Rules of Practice in Criminal Cases

February 23, 2016 INDIVIDUAL RULES OF PRACTICE IN CRIMINAL CASES Paul A. Engelmayer, United States District Judge Courtroom 40 Centre Street, Courtroom 1305 Chambers United States District Court
Southern District of New York 40 Centre Street New York, NY 10007
EngelmayerNYSDChambers@nysd.uscourts.gov Courtroom Deputy

A.J. Smallman

1. Electronic Case Filing (ECF) Counsel are required to register promptly for Electronic Case Filing (ECF) after being retained or assigned. Counsel can obtain instructions on how to register at http://www.nysd.uscourts.gov/ecf_filing.php
2. Communications with Chambers A. Initial Pretrial Conference. Upon assignment of a criminal case to Judge Engelmayer, the Assistant United States Attorney (“AUSA”) shall immediately e- mail Chambers to arrange for a conference/arraignment. The AUSA shall include in this e-mail a courtesy copy of the Indictment and the criminal Complaint, if one exists, to the Court (EngelmayerNYSDChambers@nysd.uscourts.gov) as soon as practicable. B. Telephone Calls. Telephone calls to Chambers should be reserved only for urgent matters. In such situations, email A.J. Smallman, Courtroom Deputy, at EngelmayerNYSDChambers@nysd.uscourts.gov. A. Letters. Except matters requiring immediate attention, communications with Chambers shall be by letter, filed on ECF, which shall also be e-mailed as a .pdf attachment to the Court (EngelmayerNYSDChambers@nysd.uscourts.gov) with a copy simultaneously delivered to all counsel. E-mails shall state clearly in the subject line: (1) the caption of the case, including the lead party names and docket number; and (2) a brief description of the contents of the letter. Parties shall not include substantive communications in the body of the e-mail; such communications shall be included only in the body of the letter. Copies of correspondence between counsel shall not be sent to the Court. B. Faxes. Faxes to Chambers are not permitted.

E. Requests for Adjournments or Extensions of Time. All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions in accordance with Paragraphs 2.C and 4.C, not as ordinary letters.
(If a request contains sensitive or confidential information, it may be submitted by e-mail in lieu of being filed electronically). The letter-motion must state: (1) the original date(s); (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) the reason for the extension or adjournment; (5) whether the adversary consents and, if not, the reasons given by the adversary for refusal to consent; and (6) the date of the parties’ next scheduled appearance before the Court. If a party seeks an exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161, the party must submit to the Court by e-mail (EngelmayerNYSDChambers@nysd.uscourts.gov) a proposed order (in Microsoft Word format) along with its request for adjournment or extension.

Absent an emergency, any request for extension or adjournment shall be made as early as possible, and at least 48 hours prior to the deadline or scheduled appearance and any request for adjournment of sentencing shall be made at least 72 hours prior to the scheduled proceedings. Requests for extensions will ordinarily be denied if made after the expiration of the original deadlines.

F. Hand Deliveries. Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance of the Daniel Patrick Moynihan United States District Courthouse at 500 Pearl Street, New York, NY 10007 and may not be brought directly to Chambers, except by representatives of the United States Attorney’s Office or the Federal Defenders of New York. Hand deliveries are continuously retrieved from the Worth Street entrance by Courthouse mail staff and then forwarded to Chambers. If the hand-delivered letter is urgent and requires the Court’s immediate attention, ask the Court Security Officers to notify Chambers that an urgent package has arrived that needs to be retrieved by Chambers staff immediately.

G. Docketing of Letters. Absent any request to file a letter under seal, the parties should assume that any substantive letter that the parties have not docketed will be docketed by the Court.

3. Defense Counsel

A. Benefactor Payments. Whenever defense counsel has received, or is receiving, a benefactor payment that subjects counsel to a conflict of interest, said counsel must inform the Court and request a Curcio hearing at the first conference.

B. Other Conflicts. Counsel have an obligation to promptly inform the Court upon learning of any other conflict of interest, whether a potential or an actual conflict, and to request a Curcio hearing if appropriate.

C. Substitution of Counsel. When there is a substitution of defense counsel, counsel of record must contact the Courtroom Deputy to schedule a conference as soon as possible. At the conference, the Court will address the application by defense counsel to be relieved. The defendant, replacement counsel, and the AUSA must also attend the conference.

4. Bail Modification / Bail Appeal

A. Any written request for a bail modification by a defendant shall be filed on ECF as a letter-motion and shall indicate whether the Government and Pretrial Services Officer consent to the request.

B. A party who wishes to appeal an adverse bail determination by the Magistrate Judge should contact Chambers to arrange a conference for that purpose. The party that brings the appeal is directed to provide the Court no fewer than 24 hours before the conference with the transcript of argument on bail before the Magistrate Judge, any written submissions below as to bail, and Pretrial Services’ report as to the defendant.

5. Guilty Pleas

A. Plea/Cooperation Agreements and Pimentel Letters. The Government shall provide a courtesy copy of the plea agreement, cooperation agreement, or Pimentel letter to the Court. These documents should be e-mailed to Chambers as soon as practicable, and no later than two business days before the scheduled plea.

B. Preparation for Allocution. Prior to the date set for the plea, defense counsel is expected to have reviewed with the defendant – if necessary, with the assistance of an interpreter – any Pimentel letter or plea, cooperation, or other agreement. Defense counsel and the defendant shall execute any plea or cooperation agreement prior to the time set for the plea. The defendant should also be prepared in advance of a guilty plea to give a narrative allocution that incorporates all of the elements of that offense(s) to which the defendant is pleading guilty. The Court further expects that defense counsel will have determined whether detention of the defendant is required under 18 U.S.C. § 3143(a)(2) upon the entry of a guilty plea, subject to the limited exception provided in 18 U.S.C. § 3145(c) for cases in which it is clearly shown that there are exceptional reasons why detention would not be appropriate, and to prepare the defendant for the possibility of detention commencing at the end of the plea proceeding.

6. Trials

A. Pretrial Submissions. The Court’s practice is to enter an order scheduling a final pretrial conference and setting deadlines for the submission of requests to charge, proposed voir dire, proposed verdict forms, and any motions in limine. At the time of filing, each party shall e-mail to Chambers and supply Chambers with two courtesy hard copies of these materials in .pdf and, with the exception of in limine motions, Microsoft Word formats (EngelmayerNYSDChambers@nysd.uscourts.gov). Absent good reason, the parties should not include proposed language for standard instructions (about, for example, the role of the Court and the jury, the standard of proof, etc.), as the Court is likely to use its own standard instructions; instead, the parties should include a list of standard instructions that they believe are appropriate and focus their attention on case-specific requests to charge.

B. Exhibits and Section 3500 Material. At the same time as when the Government produces 3500 material to the defense, the Government must also provide the Court with two hard copies of the exhibit list, and binders containing two sets of pre-marked documentary exhibits and Section 3500 material, in sequential order separated by numbered tabs.

C. Trial Schedule. Trials will generally be conducted Monday through Thursday from 9:00 a.m. to 5:00 p.m., with brief mid-morning and mid- afternoon breaks and a one-hour break for lunch. The jury sits between 9:30 a.m. and 5:00 p.m.

D. Jury Selection. The jury will be selected by the struck panel method.

7. Sentencing

A. Sentencing Adjournments. Any request for an adjournment of a sentencing should be made as early as possible, and no later than 72 hours before the sentencing proceeding, in accordance with Paragraph 2(E) above.

B. Sentencing Submissions. Unless otherwise ordered by the Court, a defendant’s sentencing submission shall be served on the Government and e- mailed to Chambers no later than two weeks before the date set for sentencing. The Government’s sentencing submission shall be served on the defendant and e-mailed to Chambers no later than one week before the date set for sentencing. If a party does not intend to file a substantive sentencing submission, the part shall file and serve a letter to that effect.

C. Letters. The defendant is responsible for filing all letters submitted on behalf of the defendant, including those from friends and relatives. The Government is responsible for filing all letters from victims.

D. Privacy Policy. The Court assumes that every document in a sentencing submission, including letters, will be filed through the ECF system. For this

reason, the parties are referred to the E-Government Act of 2002 and the Southern District’s ECF Privacy Policy (“Privacy Policy”) and reminded not to include, unless necessary, the five categories of “sensitive information” in their submissions (i.e., social security numbers, names of minor children [use the initials only], dates of birth [use the year only], financial account numbers, and home addresses [use only the City and State]).

E. Redactions. If any material is redacted from a publicly filed document, only those pages containing the redacted material will be filed under seal. The party shall bring a copy of those pages to the sentencing proceeding, marked to indicate what information has been redacted from the publicly filed material, to give to the Court for filing under seal.

i. Redactions Not Requiring Court Approval. Parties may redact the five categories of “sensitive information” and the seven categories of information requiring caution (i.e., personal identifying number, medical records, treatment and diagnosis, employment history, individual financial information, proprietary or trade secret information, and information regarding an individual’s cooperation with the Government), as described in the Privacy Policy, without Court approval.

ii. Redactions Requiring Court Approval. If a party redacts information beyond the twelve categories of information identified in the Privacy Policy, an application to do so must be served and filed at the time the sentencing submission is served. The application should clearly identify the redaction and explain the reasons for the redaction. The application will be addressed at the sentencing proceeding.

8. Policy on the Use of Electronic Devices. Attorneys’ use of electronic devices (including mobile telephones, personal electronic devices, computers, and printers) within the Courthouse and its environs is governed by the Court’s Standing Order M10-468, available at http://nysd.uscourts.gov/file/forms/standing-order-electronic-devices. If required by the Standing Order, counsel seeking to bring a device into the Courthouse shall submit a copy of the Electronic Devices General Purpose Form, available at http://www.nysd.uscourts.gov/file/forms/standing-order-electronic-devices-form, to the Court by e-mail (EngelmayerNYSDChambers@nysd.uscourts.gov) at least 24 hours prior to the relevant trial or hearing. If permitted by the Standing Order, mobile telephones are permitted inside the Courtroom, but they MUST be kept turned off at all times. Non- compliance with this rule may result in forfeiture of the device for the remainder of the proceedings.

9. Courtesy Copies. The filing party shall mail one (1) courtesy hard copy to chambers of any filing or submission greater than ten (10) pages in length at the time of its submission, unless otherwise mentioned above.

If you have any questions about these practices, please contact A.J. Smallman, Courtroom Deputy, at EngelmayerNYSDChambers@nysd.uscourts.gov.

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