Judge Valerie Figueredo — United States District Court, Southern District of New York

Case Report and Proposed Case Management Plan for Pro Se Cases

Revised April 25, 2022

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK [PLAINTIFF], Plaintiff(s), against [DEFENDANT], Defendant(s). CIVIL ACTION NO.:
Civ.
( )(VF) CASE REPORT AND PROPOSED CASE MANAGEMENT PLAN FOR PRO SE CASE

Summary of Claims, Defenses, and Relevant Issues:

Plaintiff/Defendant (circle one)

I understand my obligation to preserve information relevant to this action and I am preserving that information now.

Plaintiff/Defendant (circle one)

Proposed Schedule:

All discovery must be completed by
.

a. Initial Requests for Documents must be made by
.

b. Depositions shall be completed by
.

i. Neither party may take more than depositions. Absent an agreement between the parties or an order from the Court, non- party depositions shall follow initial party depositions. c. Documents from Third Parties (such as doctors) will/will not (circle one) be

required. If required, the following are the Third Parties from whom the parties will request documents:

.

i. Subpoenas requesting documents from Third Parties must be served by
. Any party that receives a production from a Third Party must provide a copy of that production to all other parties in this action. d. There will/will not (circle one) be expert testimony in this case. If expert testimony will be needed, please describe the topic on which each expert is expected to testify.

i. Written reports by any expert(s) must be served on the other parties in this action by
. Depositions of experts must be completed by
. 4. Early Settlement or Resolution:

The parties have/have not (circle one) discussed the possibility of settlement. The parties request a settlement conference by no later than
. The following information is needed before settlement can be discussed:

Other Matters:

Plaintiff/Defendant (circle one) wishes to discuss the following additional topics at the Initial Case Management Conference.

Respectfully submitted this
day of
.

Name Address Counsel for
(if applicable)

Email Address

Phone Number

Consent to Proceed Before a US Magistrate Over a Specific Motion

AO 85A (Rev. 02/17) Notice, Consent, and Reference of a Dispositive Motion to a Magistrate Judge UNITED STATES DISTRICT COURT for the __________ District of __________ ) ) ) ) ) Plaintiff v. Civil Action No. Defendant NOTICE, CONSENT, AND REFERENCE OF A DISPOSITIVE MOTION TO A MAGISTRATE JUDGE Notice of a magistrate judge’s availability. A United States magistrate judge of this court is available to conduct all proceedings and enter a final order dispositive of each motion. A magistrate judge may exercise this authority only if all parties voluntarily consent. You may consent to have motions referred to a magistrate judge, or you may withhold your consent without adverse substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise be involved with your case. Consent to a magistrate judge’s consideration of a dispositive motion. The following parties consent to have a United States magistrate judge conduct any and all proceedings and enter a final order as to each motion identified below (identify each motion by document number and title). Motions: Printed names of parties and attorneys Signatures of parties or attorneys Dates Reference Order IT IS ORDERED: The motions are referred to a United States magistrate judge to conduct all proceedings and enter a final order on the motions identified above in accordance with 28 U.S.C. § 636(c). Date: District Judge’s signature Printed name and title Note: Return this form to the clerk of court only if you are consenting to the exercise of jurisdiction by a United States magistrate judge. Do not return this form to a judge. Print Save As... Reset

Consent to Proceed Before US Magistrate Judge

AO 85 (Rev. 02/17) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge UNITED STATES DISTRICT COURT for the __________ District of __________ ) ) ) ) ) Plaintiff v. Civil Action No. Defendant NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE Notice of a magistrate judge’s availability. A United States magistrate judge of this court is available to conduct all proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment. The judgment may then be appealed directly to the United States court of appeals like any other judgment of this court. A magistrate judge may exercise this authority only if all parties voluntarily consent. You may consent to have your case referred to a magistrate judge, or you may withhold your consent without adverse substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise be involved with your case. Consent to a magistrate judge’s authority. The following parties consent to have a United States magistrate judge conduct all proceedings in this case including trial, the entry of final judgment, and all post-trial proceedings. Printed names of parties and attorneys Signatures of parties or attorneys Dates Reference Order IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73. Date: District Judge’s signature Printed name and title Note: Return this form to the clerk of court only if you are consenting to the exercise of jurisdiction by a United States magistrate judge. Do not return this form to a judge. Print Save As... Reset

Electronic Device Form

UNITED STATES DISTRICT COURT   SOUTHERN DISTRICT OF NEW YORK           IN THE MATTER OF AN APPLICATION   TO BRING PERSONAL ELECTRONIC DEVICE(S) OR GENERAL PURPOSE COMPUTING DEVICE(S) INTO THE COURTHOUSES OF THE   SOUTHERN DISTRICT OF NEW YORK FOR   USE IN A PROCEEDING OR TRIAL         The following Order is subject to the definitions, obligations and restrictions imposed pursuant to   Standing Order M10-468, as Revised. Upon submission of written application to this Court, it is hereby   ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/ or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned:   ___________________________________________________________________.   ORDERED that for the device(s) checked below SDNY Courtroom WI-FI access shall be provided.   The date(s) for which such authorization is provided is (are).   Attorney   E-Mail Device(s)   Courtroom WIFI Granted                                       (Attach Extra Sheet If Needed)     The attorney(s) identified in this Order must present a copy of this Order when entering the Courthouse. Bringing any authorized Device(s) into the Courthouse or its Environs constitutes a certification by the attorney that he or she will comply in all respects with the restrictions and obligations set forth in Standing Order M10-468, as Revised.     SO ORDERED:       Dated:

United States Judge       Revised: July 1, 2019.

Individual Practices in Civil Cases

Updated May 6, 2025 INDIVIDUAL PRACTICES IN CIVIL CASES VALERIE FIGUEREDO, UNITED STATES MAGISTRATE JUDGE

Chambers Daniel Patrick Moynihan Courthouse 500 Pearl Street, Room 1660 New York, New York 10007 FigueredoNYSDChambers@nysd.uscourts.gov

Courtroom Daniel Patrick Moynihan Courthouse 500 Pearl Street, Courtroom 17A New York, New York 10007

Unless otherwise ordered by Judge Figueredo, matters before her shall be conducted in accordance with the following practices.1 These practices are applicable to cases before Judge Figueredo if the matter is within the scope of the District Judge’s order of reference or if the case is before Judge Figueredo for all purposes pursuant to 28 U.S.C. § 636(c). Otherwise, the practices of the District Judge to whom the case is assigned apply.

I. Communications with Chambers

a. Letters. Communications with the Court should be by letter, via electronic case filing (“ECF”), without email or other copy to Chambers. Letters may not exceed 3 single-space pages in length (exclusive of exhibits). All letters filed on ECF must be in searchable PDF form. Any letter containing sensitive or confidential information that a party does not wish to appear on the docket should follow the procedures outlined in Section I.G. below.

b. Emails & Faxes. Emails to Chambers are only permitted for urgent matters requiring immediate attention or when otherwise expressly permitted by the Court in advance. In any other circumstances, requests or questions to Chambers should be made by letter only. No faxed communications shall be permitted without prior permission from Chambers.

c. Telephone Calls. If you are encountering difficulties using ECF, call the ECF help desk at (212) 805-0800.

d. Pro Se Parties. By Standing Order, a pro se party must mail all communications with the Court to the Pro Se Intake Unit located at 500 Pearl St., Room 230, New York, NY 10007. A pro se party may not call Chambers or send any document or filing directly to Chambers. Submissions requiring immediate attention should be hand-delivered to the Pro Se Intake Unit. Unless the Court orders otherwise, all communications with the Court will be docketed upon receipt; such docketing

1 Requests for reasonable accommodations on account of disability or religion with respect to the Court’s rules or in connection with any proceeding before Judge Figueredo may be emailed to FigueredoNYSDChambers@nysd.uscourts.gov. Counsel and parties are also invited to inform the Court of their preferred pronouns.

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 the party and include proof of service affirming that he or she has done so. Copies of correspondence between a pro se party and opposing parties shall not be sent to the Court. Questions can be directed to the pro se unit at (212) 805-0175. Any nonincarcerated pro se party who wishes to participate in ECF must file a Motion for Permission for Electronic Case Filing, available in the Pro Se Intake unit or at https://nysd.uscourts.gov/node/844. Any nonincarcerated pro se party who wishes to receive documents in their case electronically (by email) instead of by regular mail may consent to electronic service by filing a Pro Se (Nonprisoner) Consent & Registration Form to Receive Documents Electronically, available in the Pro Se Intake Unit or at https://nysd.uscourts.gov/node/845.

e. Requests for Adjournments or Extensions of Time. Requests to adjourn a court conference or court proceeding (including a telephonic court conference) or to extend a deadline must be made by Letter-Motion, after consultation with all affected parties, and must state: (1) the original date of the conference, proceeding or deadline; (2) the number of previous requests for an adjournment or extension; (3) the reason for the requested extension; and (4) whether all affected parties consent and, if not, the reasons given by the adversary for refusing to consent. Absent unforeseeable emergencies, all requests for an adjournment of a court conference or other court proceeding (including a telephonic conference) must be made at least 72 hours in advance of the proceeding to be adjourned and must include at least two (2) proposed dates, on which all counsel are available, for the adjourned proceeding.

f. Hand Deliveries. Where permitted by these rules, hand-deliveries should be left with the Court Security Officers at the Worth Street entrance of 500 Pearl Street and may not be brought directly to Chambers.

g. Electronic Filing Under Seal. These procedures only apply to motions and applications before Judge Figueredo. Filing under seal requires permission of the Court. Unless otherwise ordered, any party wishing to file a document or portion thereof under seal must comply with the following procedures on or before the date on which the relevant filing is due.

1. Sealing/Redactions Not Requiring Court Approval. Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior Court permission. Parties should also consult the S.D.N.Y. Electronic Case Filing Rules & Instructions, Rules 21.3 and 21.4, available at https://www.nysd.uscourts.gov/rules/ecf-related-instructions.

2. Sealing/Redactions Requiring Court Approval. Motions or Letter- Motions for approval of sealed or redacted filings in civil and

miscellaneous cases and the subject documents, including the proposed sealed document(s) must be filed electronically through the Court’s ECF system in conformity with the Court’s Standing Order, 19-mc-583, and ECF Rules & Instructions, Section 6, available at https://nysd.uscourts.gov/rules/ecf-related-instructions.

h. Docketing, Scheduling, and Calendar Matters. For docketing, scheduling, and calendar matters, email FigueredoNYSDChambers@nysd.uscourts.gov.

i. Citations. All moving papers, letter-motions, and letters filed on ECF or emailed to Chambers must be in searchable PDF form. When citing unreported cases, parties shall use Westlaw citations whenever possible. Citations to all documents filed on ECF must include the ECF docket number and ECF page number. For example, citations to an exhibit accompanying a declaration would appear as “ECF No. 123-4 at 10,” rather than as “Smith Decl. Ex. 4 at 10.”

II. Pretrial Procedures

a. Initial Case Management Conference. Except for Pro Se Cases, parties must meet and confer on a discovery plan before the Initial Case Management Conference. One week before the Initial Case Management Conference, the parties must file on ECF a Report on Rule 26(f) Conference and Proposed Case Management Plan. A template form for the Report of Rule 26(f) Conference and Proposed Case Management Plan is available at https://www.nysd.uscourts.gov/hon-valerie-figueredo

1. Pro Se Cases. Each party must submit a Case Report and Proposed Case Management Plan for Pro Se Cases one week before the scheduled conference in conformance with the procedures in Section I above. The parties shall use the form Proposed Case Management Plan template for Pro Se Cases found at https://www.nysd.uscourts.gov/hon-valerie- figueredo

2. Attendance. Lead counsel for the parties is expected to attend the Initial Case Management Conference. Reasonable accommodations will be made for parties or their counsel who cannot attend in person on account of disability. An incarcerated party who is unable to attend this or other conferences may be able to participate by telephone. If appropriate, the Court’s scheduling order will outline the procedures for participation by telephone.

b. Confidentiality Stipulations and Protective Orders. In cases where confidential information will be exchanged, the parties must utilize the Court’s model Protective Order found at https://nysd.uscourts.gov/rules/ecf-related-instructions; provided, however, the parties may apply for a protective order that differs from the Court’s model by submitting a letter request via ECF and attaching the

proposed order showing in a blackline comparison how the proposed order differs from the Court’s model. The letter should explain why the modifications are needed and note any disagreements between the parties regarding the modifications from the Court’s model.

c. Discovery Disputes.

1. Requirement to Meet and Confer. The Court will not hear any discovery dispute unless the moving party (including a non-party seeking relief) has first conferred in good faith with any adverse party to resolve the dispute. An exchange of letters or emails alone does not satisfy this requirement. Counsel must respond promptly and in good faith to any request from another party to confer in accordance with this paragraph.

2. Letter-Motion for Discovery Conference. If the meet-and-confer process does not resolve the discovery dispute, the moving party must request a discovery conference with the Court, by Letter-Motion, as required by Local Civil Rule 37.2. Counsel should select the “Letter- Motion” option when filing on ECF. Letter-Motions may not exceed three (3) pages in length, exclusive of attachments, which should be kept to a minimum. The Letter-Motion must clearly set forth the issues in dispute and the relief sought. Additionally, in the Letter-Motion, the moving party must certify that the required in-person or telephonic conference took place between counsel for the relevant parties and, in particular must state: (1) the date and time of such conference; (2) the approximate duration of the conference; (3) the names of the attorneys who participated in the conference; (4) the adversary’s position as to each issue being raised (as stated by the adversary during the in-person or telephone conference); and (5) that the moving party informed the adversary during the conference that the moving party believed the parties to be at an impasse and that the moving party would be requesting a conference with the Court. Simply attaching copies of correspondence between counsel does not satisfy these requirements.

3. Briefing Schedule. Any responsive letter should be submitted within three (3) business days after submission of the Letter-Motion.

4. Courtesy Copies. Courtesy copies of Letter-Motions are not required unless the attached exhibits exceed 50 pages, in which case one (1) courtesy copy, marked as such on the cover page, should be submitted to Chambers promptly after filing. Courtesy copies should bear the ECF header generated at the time of electronic filing and include protruding tabs for any exhibits.

5. Discovery Conference/Oral Argument on Letter-Motions. The Court’s preference is to hold a conference with the parties to address discovery disputes raised by a Letter-Motion. The Court will endeavor to resolve the issue during a conference without the need for formal briefing. However, if formal briefing is required, the Court will set a schedule for such briefing at the conference.

III. Motions Other than Discovery Motions.

a. Briefing Schedule. Unless the Court has ordered or approved otherwise, opposition and reply papers with respect to formal motions will be due in accordance with Local Civil Rule 6.1. The parties are strongly encouraged to agree on a reasonable briefing schedule before the moving papers are filed. If the parties have agreed to such a schedule, the parties must request the Court’s approval of their alternate schedule, either in the moving party’s notice of motion or by Letter-Motion as soon as agreement is reached. Should the parties thereafter agree to modify their briefing schedule, they must promptly request the Court’s approval of the new schedule by Letter-Motion. The Court must approve the alternate or new briefing schedule; otherwise, the parties must adhere to the schedule as enumerated in Local Civil Rule 6.1.

A premotion conference is not required before a party may file a motion (other than a discovery motion). A party, however, may request a premotion conference by Letter-Motion where counsel believes that an informal conference with the Court may obviate the need for the motion or reduce the issues in dispute. Counsel should select the “Letter-Motion” option on ECF for filing such a request for a conference.

b. Memoranda of Law. A memorandum of law must accompany all motions and oppositions thereto. See Local Civil Rule 7.1. The memorandum of law must set forth all pertinent facts, which may not be accomplished by incorporating by reference other documents, such as affidavits or statements under Local Civil Rule 56.1. Instead, the memorandum must contain a fact section that sets forth all facts relevant to the motion and, for each factual statement, provides one or more citations (with specific page or paragraph numbers) to pleadings, declarations, affidavits, or other documents that have been separately filed. The typeface, margins, and spacing of motion papers must conform to Local Civil Rule 11.1. 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 ten (10) pages. Memoranda of ten (10) pages or more shall contain a table of contents and a table of authorities. Sur-reply memoranda will not be accepted without prior permission of the Court.

c. Courtesy Copies. Unless otherwise requested by the Court, courtesy copies should not be submitted. If requested, courtesy copies should bear the ECF header

generated at the time of electronic filing and include protruding tabs for any exhibits.

d. Oral Argument on Motions. Parties may request oral argument by Letter- Motion. Counsel should select the “Letter-Motion” option on ECF for filing such a request. The Court will determine whether argument will be heard and, if so, will advise counsel of the argument date and time.

Junior attorneys are invited to argue motions they have helped prepare. Firms are encouraged to provide this opportunity to junior attorneys for training purposes. The Court is amenable to permitting more than one lawyer to argue for one party if this creates an opportunity for a junior lawyer to participate.

e. Motions in Pro Se Cases. As required by Local Civil Rule 7.2, counsel must provide a pro se litigant with printed copies of decisions cited in any submission that are unreported or reported exclusively on computerized databases. Where a party seeks summary judgment against a pro se litigant, the party must also comply with the notice requirements for Local Civil Rule 56.2. Where a party moves to dismiss or for judgment on the pleadings against a pro se litigant and refers to matters outside the pleadings, counsel must serve and file the notice set forth in Local Civil Rule 12.1. In such situations, counsel is strongly encouraged to move in the alternative for summary judgment so that the pro se litigant understands, based on the Local Civil Rule 56.1 submission, which facts are relevant to the motion.

IV. Pretrial Procedures for Consent Cases

a. Applicability. The procedures set out below apply only to cases in which the parties have consented pursuant to 28 U.S.C. § 636(c) to have all proceedings, including trial, occur before Judge Figueredo.

b. Pretrial Disclosures. The parties are reminded of their obligations to make certain disclosures regarding expert testimony pursuant to Fed. R. Civ. P. 26(a)(2) and to make disclosures regarding evidence that may be presented at trial pursuant to Fed. R. Civ. P. 26(a)(3). Failure to comply with these requirements may result in preclusion or other sanctions.

c. Joint Pretrial Order. Unless otherwise ordered by the Court, the parties shall submit to the Court for its approval a Joint Pretrial Order within 30 days after the date for the completion of discovery, or, if a summary judgment motion has been filed, within 30 days after the decision on the motion. The proposed Joint Pretrial Order shall be signed by all parties and include the following:

1. The full caption of the action.

2. The names, addresses, telephone numbers (office and cellular), and email addresses of each principal member of the trial team.

3. A brief summary by each party of the claims and defenses that party has asserted that remain to be tried, including citations to all statutes relied on, but without recital of evidentiary matter.

4. With respect to each claim remaining to be tried, a brief statement listing each element or category of damages sought with respect to such claim and a calculation of the amount of damages sought with respect to such element or category.

5. A statement by each party as to whether the case is to be tried with or without a jury and the anticipated number of trial days needed.

6. Any stipulations or agreed-to statements of fact or law.

7. A statement by each party as to the witnesses whose testimony is to be offered in its case in chief, indicating whether such witnesses will testify in person or by deposition. Absent extraordinary circumstances, a party may not call as a witness in its case in chief any person not listed in the Joint Pretrial Order.

8. A designation by each party of deposition testimony to be offered in that party’s case in chief, referencing page and line numbers, with any cross‐ designations and objections by any other party. If there is no objection or cross‐designation, the Court will deem the opposing party to have waived any such objection or cross‐designation. Absent extraordinary circumstances, a party may not offer in its case in chief deposition testimony that is not listed in the Joint Pretrial Order.

9. A list by each party of exhibits to be offered in its case in chief. Each exhibit shall be pre‐marked (plaintiff to use numbers, defendant to use letters). For each exhibit as to which there is an objection, the party objecting must briefly specify, next to the listing for that exhibit, the nature of the party’s objection (e.g., “authenticity,” “hearsay,” “Rule 403”). Any objection not listed shall be deemed waived. Absent extraordinary circumstances, a party may not offer in its case in chief any exhibit not listed in the Joint Pretrial Order.

10. A proposed schedule by which the parties will exchange demonstrative exhibits that the parties intend to use at trial, notify each other of any objections thereto, consult with each other regarding those objections and notify the Court of any remaining disputes.

11. All other matters that the Court may have ordered or that the parties believe are important to the efficient conduct of the trial.

d. Pro Se Cases. No Joint Pretrial Order is required in pro se cases. Instead, within 30 days after the completion of discovery each party shall file its own Pretrial Statement. The pro se party’s Pretrial Statement must be concise and contain the following: (1) a statement of the facts the party hopes to prove at trial; (2) a list of all documents or other physical objects that the party plans to put into evidence at trial; and (3) a list of the names and addresses of all witnesses the party intends to have testify at trial. The Pretrial Statement must be sworn by the party to be true and accurate based on the facts known by the party. The party must file an original Statement with the Court’s Pro Se Office and serve a copy on all other parties or their counsel if represented. The original Pretrial Statement must indicate the date a copy was mailed to another party or that party’s attorney.

e. Filings Before Trial. Unless otherwise ordered, the following must be filed at the same time as the filing of the Joint Pretrial Order:

1. Jury Cases. In jury cases, the parties must jointly file (a) proposed jury instructions, (b) proposed voir dire questions, and (c) where applicable, a proposed verdict form. To the extent a party objects to another party’s requested jury charge, voir dire questions, or verdict form, the joint submission should include the objecting party’s (1) grounds for objection (or refer to the joint pretrial memorandum for a full discussion of the objection), and (2) proposed alternative. All requests to charge, objections, and alternatives must include citations to controlling authority. In addition to filing on ECF the voir dire questions, requests to charge, and/or verdict sheets, electronic copies of this joint submission must also be sent to Chambers. The electronic copies should be sent as Microsoft Word documents via email to: FigueredoNYSDChambers@nysd.uscourts.gov

2. Nonjury Cases. In nonjury cases, parties must file proposed findings of fact and conclusions of law. In addition, each party must file a trial memorandum of law identifying the issues, summarizing the facts and applicable law, and addressing any evidentiary issues. In addition to filing on ECF, these materials must also be submitted to the Court as Mircrosoft Word documents and sent via email to: FigueredoNYSDChambers@nysd.uscourts.gov

3. In all cases, motions in limine addressing any evidentiary or other issues must be filed at the same time as the Joint Pretrial Order.

f. Marking Exhibits for Trial. Unless otherwise ordered by the Court, no later than two (2) business days before trial begins, each party must provide each other

party, and the Court, with a tabbed binder or binders containing courtesy copies of its trial exhibits and deposition designations.

g. Witnesses at Trial. When a party’s case commences, that party is expected to have witnesses available to fill the trial day, which runs from 9:00 am to 5:00 pm, with a one‐hour lunch break. The parties are on notice that if a party does not have a witness available to testify, the Court may deem that party to have rested. Any request to have a witness testify out of order and/or on a particular day must be included in the joint pretrial order. Untimely applications will be denied.

Model Confidentiality Stipulation and Proposed Protective Order

Revised April 22, 2022

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK [PLAINTIFF], Plaintiff(s), against
[DEFENDANT], Defendant(s).

CIVIL ACTION NO.: __ Civ. ___ ( ) (VF)

MODEL CONFIDENTIALITY STIPULATION AND PROPOSED PROTECTIVE ORDER WHEREAS, the Parties having agreed to the following terms of confidentiality, and the Court having found that good cause exists for the issuance of an appropriately tailored confidentiality order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, it is hereby ORDERED that the following restrictions and procedures shall apply to the information and documents exchanged by the parties in connection with the pre-trial phase of this action: 1. Counsel for any party may designate any document or information, in whole or in part, as confidential if counsel determines, in good faith, that such designation is necessary to protect the interests of the client in information that is proprietary, a trade secret or otherwise sensitive non-public information. Information and documents designated by a party as confidential will be stamped “CONFIDENTIAL.” 2. The Confidential Information disclosed will be held and used by the person receiving such information solely for use in connection with the action. 3. In the event a party challenges another party’s designation of confidentiality, counsel shall make a good faith effort to resolve the dispute, and in the absence of a resolution, the challenging party may seek resolution by the Court. Nothing in this Protective Order constitutes an admission by any party that Confidential Information disclosed in this case is relevant or admissible. Each party reserves the right to object to the use or admissibility of the Confidential Information. 4. The parties should meet and confer if any production requires a designation of “For Attorneys’ or Experts’ Eyes Only.” All other documents designated as “CONFIDENTIAL” shall not be disclosed to any person, except: a. The requesting party and counsel, including in-house counsel; b. Employees of such counsel assigned to and necessary to assist in the litigation;

c. Consultants or experts assisting in the prosecution or defense of the matter, to the extent deemed necessary by counsel; and d. The Court (including the mediator, or other person having access to any Confidential Information by virtue of his or her position with the Court). 5. Prior to disclosing or displaying the Confidential Information to any person, counsel must: a. Inform the person of the confidential nature of the information or documents; b. Inform the person that this Court has enjoined the use of the information or documents by him/her for any purpose other than this litigation and has enjoined the disclosure of the information or documents to any other person; and c. Require each such person to sign an agreement to be bound by this Order in the form attached as Exhibit A. 6. The disclosure of a document or information without designating it as “Confidential” shall not constitute a waiver of the right to designate such document or information as Confidential Information. If so designated, the document or information shall thenceforth be treated as Confidential Information subject to all the terms of this Stipulation and Order. 7. Any Personally Identifying Information (“PII”) (e.g., social security numbers, financial account numbers, passwords, and information that may be used for identity theft) exchanged in discovery shall be maintained by the receiving party in a manner that is secure and confidential and shared only with authorized individuals in a secure manner. The producing party may specify the minimal level of protection expected in the storage and transfer of its information. In the event the party who received PII experiences a data breach, it shall immediately notify the producing party of same and cooperate with the producing party to address and remedy the breach. Nothing herein shall preclude the producing party from asserting legal claims or constitute a waiver of legal rights and defenses in the event of litigation arising out of the receiving party’s failure to appropriately protect PII from unauthorized disclosure. 8. Pursuant to Federal Rule of Evidence 502, the production of privileged or work- product protected documents or communications, electronically stored information (“ESI”) or information, whether inadvertent or otherwise, shall not constitute a waiver of the privilege or protection from discovery in this case or in any other federal or state proceeding. This Order shall be interpreted to provide the maximum protection allowed by Federal Rule of Evidence 502(d). Nothing contained herein is intended to or shall serve to limit a party’s right to conduct a review of documents, ESI or information (including metadata) for relevance,

responsiveness and/or segregation of privileged and/or protected information before production. 9. Notwithstanding the designation of information as “Confidential” in discovery, there is no presumption that such information shall be filed with the Court under seal. The parties shall follow the Court’s procedures for requests for filing under seal. 10. At the conclusion of litigation, Confidential Information and any copies thereof shall be promptly (and in no event later than 30 days after entry of final judgment no longer subject to further appeal) returned to the producing party or certified as destroyed, except that the parties’ counsel shall be permitted to retain their working files on the condition that those files will remain protected. 11. Nothing herein shall preclude the parties from disclosing material designated to be Confidential Information if otherwise required by law or pursuant to a valid subpoena.

SO STIPULATED AND AGREED.

Dated: New York, New York
___________, 2020 SO ORDERED.

VALERIE FIGUEREDO United States Magistrate Judge

Exhibit A

Agreement I have been informed by counsel that certain documents or information to be disclosed to me in connection with the matter entitled have been designated as confidential. I have been informed that any such documents or information labeled “CONFIDENTIAL” are confidential by Order of the Court. I hereby agree that I will not disclose any information contained in such documents to any other person. I further agree not to use any such information for any purpose other than this litigation.

DATED:

Signed in the presence of:

(Attorney)

Model Joint Electronic Discovery Submission and Proposed Order

Revised April 22, 2022

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK [PLAINTIFF], Plaintiff(s), against [DEFENDANT], Defendant(s). CIVIL ACTION NO.: ___ Civ. ___ ( )(VF)

MODEL JOINT ELECTRONIC DISCOVERY SUBMISSION AND PROPOSED ORDER

One or more of the parties to this litigation have indicated that they believe that relevant information may exist or be stored in electronic format, and that this content is potentially responsive to current or anticipated discovery requests. This Model Joint Submission and Proposed Order (and any subsequent to this) shall be the governing document(s) by which the parties and the Court manage the electronic discovery process in this action. The parties and the Court recognize that this Model Joint Submission and Proposed Order is based on facts and circumstances as they are currently known to each party, that the electronic discovery process is iterative, and that additions and modifications to this Submission may become necessary as more information becomes known to the parties.

(1) Brief Joint Statement Describing the Action:

Revised April 22, 2022

(a) Estimated amount of Plaintiff(s)’ Claim(s):

 Less than $100,000 
 Between $100,000 and $999,999 
 Between $1,000,000 and $49,999,999 
 More than $50,000,000 
 Equitable Relief 
 Other (if so, specify)   

(b) Estimated amount of Defendant(s)’ Counterclaim(s)/Cross-Claim(s):

 Less than $100,000 
 Between $100,000 and $999,999 
 Between $1,000,000 and $49,999,999 
 More than $50,000,000 
 Equitable Relief 
 Other (if so, specify)   

(2) Competence: Counsel certify that they are sufficiently knowledgeable in matters relating to their client(s)’ technological systems to competently discuss issues relating to electronic discovery, or have involved someone competent to address these issues on their behalf.

(3) Meet and Confer: Pursuant to Fed. R. Civ. P. 26(f), counsel must meet and confer regarding matters relating to electronic discovery before the Initial Pretrial Conference (the Rule 16 Conference). Counsel now certify that they met and conferred to discuss these issues on ____________ .

(4) Unresolved Issues: After the meet-and-confer conference(s) taking place on the date(s) listed above, the following issues remain outstanding and/or require court intervention: Preservation; Search and Review; Source(s) of Production; Form(s) of Production; Identification or Logging of Privileged Material; ___ Inadvertent Production of Privileged Material; ___ Cost Allocation; and/or ___ Other. Please briefly describe any specific issues below:

Revised April 22, 2022

To date, the parties have addressed the following issues:

(5) Preservation:

(a) The parties have discussed the obligation to preserve potentially relevant electronically stored information and agree to the following scope and methods for preservation, including but not limited to: retention of electronic data and implementation of a data preservation plan; identification of potentially relevant data; disclosure of the programs and manner in which the data is maintained; identification of computer system(s) utilized; and identification of the individual(s) responsible for data preservation, etc. To the extent that the parties have reached agreement as to preservation methods, provide details below:

Plaintiff(s):

Defendant(s):

(b) State the extent to which the parties have disclosed or have agreed to disclose the dates, contents, and/or recipients of “litigation hold” communications:

Revised April 22, 2022

(c) The parties anticipate the need for judicial intervention concerning the duty to preserve, the scope, or the method(s) of preserving electronically stored Information:

(6) Search and Review:

(a) The parties have discussed methodologies or protocols for the search and review of electronically stored information, as well as the disclosure of techniques to be used. Some of the approaches that may be considered include: the use and exchange of keyword search lists, “hit reports,” and/or responsiveness rates; concept search; machine learning, or other advanced analytical tools; limitations on the fields or file types to be searched; date restrictions; limitations on whether back-up, archival, legacy, or deleted electronically stored information will be searched; testing; sampling; etc. To the extent the parties have reached agreement as to search and review methods, provide details below:

Plaintiff(s):

Defendant(s):

Revised April 22, 2022

(b) State if the parties anticipate the need for judicial intervention concerning the search and review of electronically stored information:

(7) Production:

(a) Source(s) of Electronically Stored Information: The parties anticipate that discovery may occur from one or more of the following potential source(s) of electronically stored information [e.g., email, word processing documents, spreadsheets, presentations, databases, instant messages, web sites, blogs, social media, ephemeral data, etc.]:

Plaintiff(s):

Defendant(s):

Revised April 22, 2022

(b) Limitations on Production: The parties have discussed factors relating to the scope of production, including but not limited to: (i) number of custodians; (ii) identity of custodians; (iii) date ranges for which potentially relevant data will be drawn; (iv) locations of data; (v) timing of productions (including phased discovery or rolling productions); and (vi) electronically stored information in the custody or control of non-parties. To the extent the parties have reached agreements related to any of these factors, describe below:

Plaintiff(s):

Defendant(s):

(c) Form(s) of Production:

(1) The parties have reached the following agreements as to the form(s) of productions:

Plaintiff(s):

Revised April 22, 2022

Defendant(s):

(2) Please specify any exceptions to the form(s) of production indicated above (e.g., word processing documents in TIFF with load files, but spreadsheets in native form):

(3) The parties anticipate the need for judicial intervention regarding the following issues concerning the form(s) of production:

Revised April 22, 2022

(d) Privileged Material:

(1) Identification: The parties have agreed to the following method(s) for the identification (including the logging, if any, or alternatively, the disclosure of the number of documents withheld), and the redaction of privileged documents:

(2) Inadvertent Production/Claw-Back Agreements: Pursuant to Fed R. Civ. Proc. 26(b)(5) and Fed. R. Evid. 502(e), the parties have agreed to the following concerning the inadvertent production of privileged documents (e.g. “quick-peek” agreements, on-site examinations, non-waiver agreements or orders pursuant to Fed. R. Evid. 502(d), etc.):

(3) The parties have discussed a 502(d) Order: Yes ___; No ___

The provisions of any such proposed Order shall be set forth in a separate document and presented to the Court for its consideration.

(e) Cost of Production: The parties have analyzed their client’s data repositories and have estimated the costs associated with the production of electronically stored

Revised April 22, 2022

information. The factors and components underlying these costs are estimated as follows:

(1) Costs:

Plaintiff(s):

Defendant(s):

(2) Cost Allocation: The parties have considered cost-shifting or cost-sharing and have reached the following agreements, if any:

Revised April 22, 2022

(3) Cost Savings: The parties have considered cost-saving measures, such as the use of a common electronic discovery vendor or a shared document repository, and have reached the following agreements, if any:

(f) State if the parties anticipate the need for judicial intervention concerning the production of electronically stored information:

(8) Other Issues:

Revised April 22, 2022

The preceding constitutes the agreement(s) reached, and disputes existing, (if any) between the parties to certain matters concerning electronic discovery as of this date. To the extent additional agreements are reached, modifications are necessary, or disputes are identified, they will be outlined in subsequent submissions or agreements and promptly presented to the Court. Party: ____________________________ By: __________________________ Party: ____________________________ By: __________________________ Party: ____________________________ By: __________________________ Party: ____________________________ By: __________________________ Party: ____________________________ By: __________________________ Party: ____________________________ By: __________________________

The next scheduled meet-and-confer conference between the parties to address electronic discovery issues, including the status of electronic discovery and any issues or disputes that have arisen since the last conference or Order, shall take place on:_____________________.
The next scheduled conference with the Court for purposes of updating the Court on electronic discovery issues has been scheduled for ____________. Additional conferences, or written status reports, shall be set every four (4) weeks, as determined by the parties and the Court, based on the complexity of the issues at hand. An agenda should be submitted to the Court four (4) days before such conference indicating the issues to be raised by the parties. The parties may jointly seek to adjourn the conference with the Court by Letter-Motion at least 48 hours in advance of a scheduled conference, if the parties agree that there are no issues requiring Court intervention.

Additional Instructions or Orders, if any:

Revised April 22, 2022

Dated:
New York, New York

______, 20

SO ORDERED

VALERIE FIGUEREDO

United States Magistrate Judge

Report of Rule 26(f) Conference and Proposed Case Management Plan

Revised April 21, 2022

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK [PLAINTIFF], Plaintiff(s), -v- [DEFENDANT], Defendant(s). CIVIL ACTION NO.: Civ.
(
) (VF) REPORT OF RULE 26(f) CONFERENCE AND PROPOSED CASE MANAGEMENT PLAN

In accordance with Federal Rule of Civil Procedure 26(f) and Judge Figueredo’s Individual Practices, the parties met on
(at least one week before the Initial Case Management Conference) and exchanged communications thereafter. The parties now submit the following report for the Court’s consideration: 1. Court Expectations:

Rule 1 and Rule 26(b)(1). Counsel are expected to have reviewed Rule 1 and Rule 26(b)(1) and considered their obligations thereunder in discussing and preparing a discovery plan.

Additional consideration of proportionality. Counsel shall discuss and consider whether phased or iterative discovery will increase efficiency, reduce costs and lead to a faster resolution of the case when preparing a discovery plan.

Document Requests. Counsel shall be fully familiar with their obligations under Rules 34 and 26(g) and consider and discuss ways to ensure compliance and minimize disputes regarding overbreadth and specificity of requests and responses.

Competence. Counsel shall be sufficiently knowledgeable in matters relating to their clients’ technological systems to discuss competently issues relating to electronic discovery, or have involved someone competent to address these issues on their behalf.

Counsel are directed to the Model Confidentiality Stipulation and Proposed Protective Order and Stipulation and [Proposed] Order Concerning the Protocol for Conducting Remote Depositions on Judge Figueredo’s Individual Practices Page.

Counsel represent by their signature below that they have read and will comply with the above.

Summary of Claims, Defenses, and Relevant Issues:

Plaintiff(s):

Defendant(s):

Basis of Subject Matter Jurisdiction (and any dispute as to jurisdiction):

Subjects on Which Discovery May Be Needed:

Plaintiff(s):

Defendant(s):

Informal Disclosures:

Plaintiff[s] disclosed the information required by Rule 26(a)(1) of the Federal Rules of Civil Procedure on
. On
, Plaintiff[s] [produced/will produce] an initial set of relevant documents identified in [its/their] Initial Disclosures and will continue to supplement [its/their] production. Defendant[s] disclosed the information required by Rule 26(a)(1) of the Federal Rules of Civil Procedure on
. On
, Defendant[s] [produced/will produce] an initial set of relevant documents identified in [its/their] Initial Disclosures and will continue to supplement [its/their] production. 6. Discovery Plan:

The parties jointly propose to the Court the following discovery plan:

A. All fact discovery must be completed by
.

Within one week of the close of fact discovery, that is
, the parties must file a joint letter

on the docket certifying that fact is discovery is complete.

B. The parties will conduct discovery in accordance with the Federal Rules of Civil Procedure, the Local Rules of the Southern District of New York, and Judge Figueredo’s Individual Practices. The following interim deadlines may be extended by the parties on written consent without application to the Court, provided that the parties meet the deadline for completing fact discovery set forth in paragraph 6(A) above. i. Depositions: Depositions shall be completed by
and limited to no more than
depositions per party. Absent an agreement between the parties or an order from the Court, non-party depositions shall follow initial party depositions.

ii. Interrogatories: Initial sets of interrogatories shall be served on or before

. All subsequent interrogatories must be served no later than 30 days before the fact discovery deadline.

iii. Requests for Admission: Requests for admission must be served on or before

, and in any event no later than 30 days before the fact discovery deadline.

iv. Requests for Production: Initial requests for production were/will be exchanged on
and responses shall be due on
. All subsequent requests for production must be served no later than 30 days before the discovery deadline.

v. Supplementation: Supplementations under Rule 26(e) must be made within a reasonable period of time after discovery of such information, and in any event, no later than the fact discovery deadline.

Anticipated Discovery Disputes:

Describe any anticipated discovery disputes or proposed limitations on discovery.

Amendments to Pleadings:

a. Does any party anticipate amending the pleadings?
.

b. Last date to amend any pleading pursuant to Fed. R. Civ. P. 15(a) is
. Amendment of pleadings after this date will only be permitted upon a showing of “good cause” under Fed. R. Civ. P. 16(b)(4).

Expert Witness Disclosures:

a. Does any party anticipate utilizing experts?
.

b. Expert discovery shall be completed by
.

Within one week of the close of expert discovery, that is, , the parties must file a joint

letter on the docket certifying that all discovery is complete. This letter should also state which dispositive motions, if any, each party intends to file. 10. Electronic Discovery and Preservation of Documents and Information:

a. Have the parties discussed discovery of electronically stored information (ESI)?

b. Is there an ESI discovery protocol in place? If not, the parties expect to have one in place by
.

c. Are there issues the parties would like to address concerning preservation of evidence and/or ESI discovery at the Initial Case Management Conference?

Early Settlement or Resolution:

The parties have/have not (circle one) discussed the possibility of settlement. The parties request a settlement conference by no later than
. The following information is needed before settlement can be discussed:

Trial:

a. The parties anticipate that this case will be ready for trial by
.

b. The parties anticipate that the trial of this case will require
days.

c. The parties do/do not (circle one) consent to a trial before a Magistrate Judge at this time.

d. The parties request a jury/bench (circle one) trial.

Other Matters:

Respectfully submitted this
day of
.

ATTORNEYS FOR PLAINTIFF(S): ATTORNEYS FOR DEFENDANT(S):

Dated: New York, New York

, 20

SO ORDERED.

VALERIE FIGUEREDO United States Magistrate Judge

Standing Order Applicable to Settlement Conferences Before Magistrate Judge Figueredo and Attendance Acknowledgement Form

Updated: 12.7.23 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK VALERIE FIGUEREDO UNITED STATES MAGISTRATE JUDGE

Standing Order Applicable to Settlement Conferences Before Magistrate Judge Figueredo

1. Settlement conferences form no part of the record. All communications made as part of the settlement conference process are strictly confidential and may not be used for any purpose either in this litigation or elsewhere.

2. Magistrate Judge Figueredo will function as a mediator, attempting to help the parties reach agreement on terms of settlement. This process requires that counsel and their clients be both prepared for the conference and candid with the Court. The Court expects to hold only one settlement conference.

3. Each party must attend the settlement conference in person, accompanied by that party’s lead trial attorney. Counsel must be fully knowledgeable concerning the facts of the case, relevant law, and the progress of the case to date, including settlement discussions. If a party does not reside in the jurisdiction, they may request an exemption from this requirement to attend in person.

4. Plaintiff is required to have made a recent demand, and Defendant is required to have responded ahead of the submission required in Paragraph 5. The demand and response is information required to be included in the submission required in Paragraph 5.

5. No later than seven days before the conference, each party must send to the Court a letter of no longer than five (5) pages marked “Confidential Materials for Use Only At Settlement Conference,” setting forth concisely the following: (1) a discussion of the relevant facts and applicable law, with an emphasis on the issues more pertinent to settlement, including a discussion of liability and damages in the event liability were established; (2) if non- monetary relief is sought in addition to or instead of money damages, each party must set forth its position as to the provision of such relief; (3) any case law authority relevant to settlement discussions; (4) the history of settlement discussions, if any, including any prior offers or demands; (5) the settlement value of the case and rationale for it; and (6) that party’s most recent demand or response to the most recent demand. Parties may attach exhibits to their letters to the extent they believe the exhibits would aid settlement discussions. This letter must be received by the Court no later than midnight seven days before the settlement conference. This letter, along with the Acknowledgment Form that appears following this Standing Order, must be sent to the Court by email to: FigueredoNYSDchambers@nysd.uscourts.gov. A courtesy copy of the letter and any exhibits shall be submitted to the Court if the exhibits to the letter exceed 10 pages. Any application for adjournment or other modification of the conference must be submitted via Letter-Motion on ECF in accordance with Magistrate Judge Figueredo’s Individual Practices, found at: https://www.nysd.uscourts.gov/hon-valerie-figueredo.

6. The Court will meet separately with each side in private. In these meetings, the parties and their counsel must be prepared to inform the Court of the amount of attorneys’ fees and expenses incurred to date, and an estimate of the remaining costs (including attorneys’ fees) of litigating the case to judgment, including appeal.

7. The presence in person of each party (the client), in addition to counsel, is essential to the settlement process. Also, if an insurance company has any role in approving a settlement, the decision-making representative of the insurer must attend in addition to the insured party.
   Because it is important that the decisionmakers on settlement hear their adversaries’ presentations and be available to answer questions from the Court, the person who attends the conference must be the person with ultimate responsibility for determining the amount of any settlement. Corporations, and any other party that is not a natural person, and insurers must send to the conference the person ultimately responsible within the organization for giving settlement authority, not someone who has received authority from someone else. If a party believes that the individuals scheduled to attend the conference on behalf of the opposing party do not comply with this requirement, that party shall immediately confer with the opposing party and inform the Court by letter promptly if no resolution is reached.

a. In cases where the City Comptroller has authority over settlement, the Assistant Corporation Counsel shall arrange in advance of the conference for a representative of the Comptroller either to attend the conference or to be available by telephone. b. A client or insurer’s attendance by telephone may be permitted if the party lives and works more than 100 miles from the Courthouse and it would be a great hardship for the party to attend the conference on any date. In these circumstances, if more than one individual will be appearing by telephone, the parties must immediately arrange for a toll-free conference call number that the individuals and the Court may dial into for the conference. c. If a party does not speak fluent English, the party must bring an experienced simultaneous interpreter. Counsel may not serve as the interpreter. Counsel should call Chambers if there is any difficulty securing an interpreter.

8. If counsel becomes aware of the need or potential need for an adjournment of the date of the conference, counsel must make an application for the adjournment as soon as counsel is aware of the need. If the application is made more than fourteen (14) days in advance of the conference, no cause need be provided. Otherwise, counsel must provide reasons for seeking the adjournment. a. The parties are required to seek an adjournment if (1) an adjournment would permit discovery or exchange of information that would make the conference more fruitful, or (2) a client or insurer who would otherwise participate by telephone would be available to attend in person if the conference were held on another date.
   To seek a new date within 45 days of the originally-scheduled conference, contact Chambers at (212) 805-0298 to obtain an alternative date and time. Counsel must then immediately consult with all other counsel as to their, their clients’, and their insurer’s availability on the new date. The party must then file a Letter-Motion via ECF in accordance with Magistrate Judge Figueredo’s Individual Practices requesting the new date and time and indicating that it is agreed by all parties. If the party wishes to postpone by more than 45 days, an adjournment should be sought by Letter-Motion, should provide the position of each party as to the request, and should specify an approximate time period when the conference should be held.
   The Court notes that the scheduled conference date is not changed unless and until the Court grants the written application to change the date.

9. If a defendant intends to claim that its financial situation is relevant to any potential or actual settlement offer (either based on the amount offered or a proposal to pay any portion in more than 30 days), the defendant shall inform plaintiff of this fact no later than fourteen (14) days before the conference. The parties should then discuss whether plaintiff seek proof of defendant’s claim and whether the defendant is willing to provide such proof, which must be

provided at least three (3) days before the conference. A summary of any discussions on this topic shall be included in the letters required under paragraph 5 of this Standing Order.

10. The scheduling of a settlement conference has no effect on any deadlines or other pending obligations in the action.

ATTENDANCE ACKNOWLEDGMENT FORM

CASE NAME:

DOCKET NUMBER: -

I represent the
Plaintiff

Defendant

I acknowledge that I am attending a settlement conference in Courtroom 17A at the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, NY 10007 on ____________________ at _______________________.
Please provide the name of any co-counsel who will attend the conference with you.

I acknowledge that my client, and any other relevant decisionmakers, will attend the settlement conference.
Please provide the name and title, if applicable, of the individuals who will attend:

I have obtained permission from the Court to allow the following individual(s) who live(s) more than 100 miles from New York City to participate in the conference by telephone.
Name and title:

Signature

Date

Name (print)

View source on SDNY.uscourts.gov →