Judge Paul G. Gardephe — 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),

• against -

Defendant(s).

CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER

____ Civ. ______ (PGG)

PAUL G. GARDEPHE, U.S.D.J.:

After consultation with counsel for the parties, the Court adopts the following Civil Case Management Plan and Scheduling Order, in accordance with Federal Rules of Civil Procedure 16 and 26(f).

All parties do / do not consent to conducting further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. § 636(c).
[Check one.]

This case is / is not to be tried to a jury. [Check one.]

No additional parties may be joined except with leave of the Court. Except for good cause shown, any motion to join additional parties must be filed within 30 days from the date of this Order.

A party may not amend its pleadings except with leave of the Court. Except for good cause shown, any motion to amend pleadings must be filed within 30 days from the date of this Order.

The parties must complete their initial disclosures under Federal Rule of Civil Procedure 26(a)(1) no later than 14 days from the date of this Order.

The parties must complete fact discovery no later than _____________________.
[Insert date; typically 90 days from issuance of this scheduling order.]

If all parties consent in writing, they may extend the following interim deadlines without application to the Court, provided that the parties complete all fact discovery by the date set forth in paragraph 6. Under this Order’s interim deadlines, the parties must:

a. Serve initial requests for production of documents by _____________________.
[Insert date; typically 2 weeks from issuance of this scheduling order.]

b. Serve interrogatories by _____________________. [Insert date; typically 2 weeks out from issuance of this scheduling order.]

c. Complete depositions of fact witnesses by _____________________. [Insert date; typically 90 days from issuance of this scheduling order .]

i. Unless the parties agree or the Court so orders, the parties may not hold depositions until all parties have responded to initial requests for document production.

ii. There is no priority in deposition by reason of a party’s status as plaintiff or defendant.

iii. Unless the parties agree or the Court so orders, non-party depositions must follow initial party depositions.

iv. Consistent with Federal Rule of Civil Procedure 30(d), the parties may not extend depositions beyond one business day without prior leave of the Court.

d. Serve requests to admit no later than _____________________. [Insert date; typically 75 days out from issuance of this scheduling order.]

The parties must complete expert discovery no later than _____________________.
[Insert date; typically 30 days after end of fact discovery.]

a. Every party-proponent that intends to offer expert testimony in respect of a claim – including any counterclaim, cross-claim or third-party claim – must make the disclosures required by Federal Rule of Civil Procedure 26(a)(2) by _____________________. [Insert date; typically 90 days from issuance of this order.]
Every party-opponent of such claim that intends to offer expert testimony in respect of such claim must make the disclosures required by Federal Rule of Civil Procedure 26(a)(2) by _____________________. [Insert date; typically 2 weeks later.]

b. No party may offer expert testimony – whether designated as “rebuttal” or otherwise – beyond the scope of the opinions that the aforesaid disclosures cover, except with leave of the Court, application for which must be made no later than 7 calendar days after the latter of the dates specified in paragraph 8(a). The parties

may depose all experts, but such depositions must occur within the time limit set forth for expert discovery in paragraph 8. c. Plaintiff(s) anticipate expert testimony concerning the following issue(s):

d. Defendant(s) anticipate expert testimony concerning the following issue(s):

No later than 14 days following the close of fact discovery, all counsel must meet face-to- face for at least one hour to discuss settlement. 10. Parties seeking to make post-discovery dispositive motions should submit a letter to the Court in accordance with Rule 4(A) of the Court’s Individual Practices by _____________________. [Insert date; typically 1 week after the close of discovery.] Opposition letters are due _____________________. [Insert date; typically 3 business days later.] 11. Unless otherwise ordered by the Court, within 30 days from the date for the completion of discovery in a civil case or, if a party has filed a dispositive motion, then within 30 days of a decision resolving the motion, the parties shall submit to the Court for its approval a joint pretrial order prepared in accordance with the Court’s Individual Practices and Federal Rule of Civil Procedure 26(a)(3). 12. Counsel for the parties have conferred and their present best estimate of the length of trial is: _____________________. [Insert number of days.] 13. At the close of discovery or, if a party has filed a dispositive motion, then within 30 days of a decision resolving the motion, the Court will set a Ready Trial Date. At any time on or after the Ready Trial Date, the Court may call the parties to trial upon 48 hours’ notice. Therefore, counsel must notify the Court and their adversaries in writing of any potential scheduling conflicts – including, but not limited to, trials and vacations – that would prevent a trial at a particular time. Such notice must come before the Court notifies counsel of an actual trial date, not after counsel receives notification of the actual trial date. Counsel should notify the Court and all other counsel in writing, at the earliest possible time, of any scheduling problems involving out-of-town witnesses or other exigencies. 14. Where the parties resolve the case before the entry of judgment, they must submit a stipulation of discontinuance – signed by all parties – before the Court will remove the case from the trial calendar. If the parties settle within 48 hours of trial or the filing of a dispositive motion, they must immediately notify the Court of such settlement, and fax to the Court no less than 36 hours before their planned appearance, a stipulation of discontinuance, signed by all parties.

The next pretrial conference is scheduled for _____________________. [To be filled in by Court after consultation with parties.] 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 must be made in a written application in accordance with the Court’s Individual Practices. Dated: New York, New York

SO ORDERED.

Paul G. Gardephe United States District Judge

Individual Rules of Practice in Civil Cases

Last updated July 2025

INDIVIDUAL RULES OF PRACTICE OF JUDGE PAUL G. GARDEPHE CIVIL CASES

Chambers United States District Court Southern District of New York 40 Foley Square, Room 2104 New York, New York 10007 GardepheNYSDChambers@nysd.uscourts.gov https://nysd.uscourts.gov/hon-paul-g-gardephe Courtroom 40 Foley Square, Courtroom 705

Unless otherwise ordered, these Individual Practices apply to all civil matters assigned to the Honorable Paul G. Gardephe, except for pro se cases.

I. COMMUNICATIONS WITH CHAMBERS

A. Letters. Except as otherwise provided below, communications with the Court shall be by letter. Letters may not exceed 5 pages in length. Unless accompanied by a request to file under seal, letters shall be filed electronically on ECF. Please do not provide courtesy copies of letters. See Rule II below regarding sealing requests. Include the case number on all letters. Copies of letters to the Court shall be simultaneously delivered to all counsel, whether via ECF notification or other means. Copies of correspondence between counsel shall not be sent to the Court. Refer to Rule IV(E) below for letters concerning discovery disputes.

B. Telephone Calls. Telephone calls to Chambers are permitted only in emergency situations requiring immediate attention. In such situations, parties should email the Chambers inbox requesting the Court’s contact information.

Ex parte telephone calls will ordinarily not be accepted; wherever possible, counsel for all affected parties should be on the line when a call to Chambers is placed, except to the extent that similarly situated parties have designated a lead counsel to represent them on such a call. Please be ready to provide your case number when calling Chambers.

C. Hand Deliveries. Hand deliveries made to Chambers must be simultaneously delivered to all counsel. Hand-delivered mail should be left with the Court Security Officer at the Worth Street entrance of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, NY 10007; it may not be brought to Chambers.

D. Requests for Extension of Deadlines. All requests for extensions of deadlines shall be made as soon as a party is aware of the need for the extension and, in any event, no later than two business days prior to the scheduled deadline, absent an emergency. Requests should be made in writing in accordance with Rule I(A) above, or by joint stipulation. The request must state: (1) the deadline(s) sought to be extended, (2) the length of time requested for the extension, (3) the number of previous requests for extensions and the Court’s rulings, (4) the reason for the current request, and (5) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent. If the requested extension affects any other

scheduled dates, the request must list the proposed change for all such other dates. If all parties consent to the extension, a stipulation that reflects the required information may be filed. Note:
to the extent a party’s adversary does not consent to a request regarding a discovery deadline, the party must also comply with the requirements of Rule IV(E) below.

E. Requests for Adjournment of Court Appearances (Including Telephone Conferences). A request for an adjournment of a court appearance shall be made as soon as a party is aware of the need for the adjournment and, in any event, no later than two business days prior to the scheduled appearance, absent an emergency. Requests should be made in writing in accordance with Rule I(A) above. The request must state: (1) the date of the scheduled appearance, (2) the length of time requested for the adjournment and suggested dates on which all parties are available (civil conferences are typically held on Thursday mornings), (3) the reason for the requested adjournment, (4) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent. The appearance is not adjourned unless counsel are thereafter informed – typically by the posting of a signed order on ECF – that the written application has been granted.

II. SEALING REQUESTS

A. Sealing/Redactions Not Requiring Court Approval. Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court. Such sensitive information includes: Social Security numbers; names of minor children; dates of birth; and financial account numbers.

Other information that should be treated with caution and may warrant a motion for approval of sealed or redacted filing includes: personal identifying numbers (PIN numbers); medical records, treatment and diagnosis; employment history; individual financial information; proprietary or trade secret information; home addresses; and information regarding an individual’s cooperation with the government.

Sensitive information and information requiring caution must not be included in any document filed with the Court unless such inclusion is necessary and relevant to the case. If such information must be included, personal identifiers must be partially redacted in accordance with the above-cited rules and policies in order to protect any privacy interest.

B. Sealing/Redaction Requiring Court Approval. Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court’s ECF system in conformity with the court’s standing order, 19-mc-00583, and ECF Rules & Instructions, section 6.

The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal. Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.

The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion. The summary docket text, but not the sealed document, will be open to public inspection and should not include confidential information sought to be filed under seal.

Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.

To be approved, any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must be otherwise consistent with the presumption in favor of public access to judicial documents. See 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).

The party seeking leave to file sealed or redacted materials should meet and confer with any opposing parties (or third parties seeking confidential treatment of the information, if any) in advance to narrow the scope of the request. When a party seeks leave to file sealed or redacted materials on the ground that an opposing party or third party has requested it, that party shall notify the opposing party or third party that it must file, within three days, a letter explaining the need to seal or redact the materials.

Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.

III. MEDICAL AUTHORIZATIONS

In any case involving allegations of personal injury – whether physical, psychological, emotional or otherwise – the plaintiff is to provide to the defendant all necessary medical authorizations within 10 days after an answer or other responsive pleading is filed.

IV. MOTIONS

A. Pre-Motion Conferences in Civil Cases. Pre-motion conferences are required for the following motions: discovery motions, motions to amend pleadings, motions to file a third party complaint, motions for sanctions, transfer motions, summary judgment motions, Fed. R. Civ. P. 12 motions, Fed. R. Civ. P. 21 motions, and Fed. R. Civ. P. 42 motions. Pre-motion conferences are not otherwise required. To request a pre-motion conference, send the Court a letter of no more than 5 pages, describing the grounds for the proposed motion and whether the

motion is on consent of all parties. If the motion is not on consent, any opposing party should submit a letter setting forth its position, of no more than 5 pages, within 3 business days after the request is made. All pre-motion letters should be filed in accordance with Rule I(A) above. The submission of a pre-motion letter does not stay any future deadlines, except that submission of a pre-motion letter concerning a motion to dismiss will stay the defendant’s time to answer or otherwise move with respect to the complaint. A pre-motion conference is not required in pro se cases.

B. Memoranda of Law. Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to 25 double-spaced pages, and reply memoranda are limited to 10 double-spaced pages. Memoranda of 10 pages or more shall contain a table of contents and a table of authorities. Both the text and footnotes must be in 12- point font.

C. Filing of Motion Papers (“Bundling Rule”). In all cases (except pro se cases), the moving party shall electronically file motion and reply papers on ECF only when the entire motion has been briefed. The responding party shall electronically file opposition papers only when noticed by the moving party that the motion and reply papers are being filed. Parties shall send one courtesy copy of any submission to Chambers at the time they are electronically filed.
See Rule VI below regarding courtesy copies. Motions for reconsideration and motions in limine are not subject to the “bundling rule.”

Exception to the “Bundling Rule” Upon notice to the court, a party may file a motion before briefing is completed if waiting to file until the motion is fully briefed could result in the loss of a right (such as by making it impossible to file a timely appeal). Nothing in these Individual Practices supersedes a specific time period for filing a motion specified by statute or Federal Rule – including but not limited to Fed. R. Civ. P. 50, 52, 54, 59, and 60, and Fed. R. App. P. 4 – where failure to comply with the specified time period could result in forfeiture of a substantive right.

D. Oral Argument on Motions. Parties may request oral argument by letter at the time their moving, opposition, or reply papers are filed. Requests shall be filed in accordance with Rule I(A) above. The Court will determine whether argument will be heard and, if so, will advise counsel of the argument date.

E. Discovery Disputes. Unless otherwise directed, counsel should describe their discovery disputes in a single letter, jointly composed. Strict adherence to Fed. R. Civ. P. 37(a)(1), the “meet and confer” rule, is required, and should be described in the joint submission as to time, place, and duration, naming the counsel involved in the discussion. The joint letter shall describe concisely the issues in dispute and the respective position of each party, with citations for supporting authority. Letters regarding discovery disputes should be filed in accordance with Rule I(A) above. Where a formal discovery motion is necessary, follow Local Civil Rule 37.2.

F. Protective Orders. Parties who wish to obtain a protective order shall consult the Court’s Model Protective Order, which is available on the Court’s website (https://nysd.uscourts.gov/hon-paul-g-gardephe). The proposed protective order should be filed on ECF as an attachment to a cover letter in accordance with Rule I(A) above, and with Rule 18 of the Southern District of New York Electronic Case Filing Rules & Instructions, which is available at https://nysd.uscourts.gov. If the protective order proposed by the parties deviates from the Court’s Model Protective Order, a blackline showing all deviations shall be provided as a separate exhibit.

G.
Approval of FLSA Settlements. Parties seeking judicial approval of a Fair Labor Standards Act (“FLSA”) settlement shall submit a letter to the Court (1) explaining why the proposed settlement reflects a reasonable compromise of disputed issues, rather than a mere waiver of statutory rights, and (2) presenting the Court with sufficient evidence to determine whether the settlement represents a fair and reasonable resolution of the disputes. See Mosquera v. Masada Auto Sales, Ltd., No. 09-CV-4925 (NGG), 2011 WL 282327, at *1 (E.D.N.Y. Jan. 25, 2011). The Court will not approve an FLSA settlement without an explanation from counsel as to why the proposed settlement is fair and reasonable.

H. Failure of the Court to Schedule Argument or Decide a Motion. If a motion is not decided within 120 days of the time it is fully submitted or of argument, counsel for the movant shall submit a letter to call this fact to the Court’s attention.

V. SUMMARY JUDGMENT MOTIONS

A. Any party filing a motion for summary judgment (or partial summary judgment) shall submit with that motion a Local Civil Rule 56.1 Statement. Each numbered paragraph in the Rule 56.1 Statement must contain only one factual assertion. Each factual assertion must be followed by a supporting citation to the record, for example, “Ms. Jones visited Dallas, Texas on July 10, 1989. Smith Aff. ¶ 3; Hays Dep. Tr. 25:7-8.”

B. The party opposing the motion must submit a response to the moving party’s 56.1 Statement. The response must contain numbered paragraphs tracking those in the movant’s 56.1 Statement, and must state in each paragraph specifically what is admitted and what is disputed, and the basis for any dispute, citing specific portions of the evidentiary record relied upon. Lack of relevance is not a valid reason for refusing to agree that a fact is not in dispute. Each assertion must be a factual assertion, not a legal assertion. Responsive 56.1 Statements must respond to all the allegations of the opponent’s 56.1 Statement, and may go on to make additional factual allegations in paragraphs numbered consecutively to those of the moving party (i.e., do not begin re-numbering at 1). If additional factual allegations are made, the opponent must file a responsive 56.1 Statement of its own.

C. All record authority cited in a 56.1 Statement, such as affidavits, relevant deposition testimony, responses to discovery requests, or other documents containing such evidence, shall be separately filed and served as an appendix to the 56.1 Statement. Each appendix shall include a table of contents, and the relevant record authority shall be submitted in the form of sequentially numbered exhibits.

D. If multiple parties are submitting 56.1 Statements, they must coordinate their statements to provide for consecutive, non-overlapping, numbered paragraphs in their respective statements.

VI. COURTESY COPIES

A. ECF-Filed Documents Over Five Pages. One courtesy copy of any document filed on ECF longer than five pages should be sent to Chambers. Courtesy copies of documents filed on ECF should: (1) be single-sided; (2) be spiral bound or stapled (preferred over velo bound copies); and (3) bear the ECF header (e.g., “Case 1:13-cv-01234-PGG Document 100 Filed 09/3/13 Page 1 of 10”).

B. Delivery Method. Courtesy copies should be sent via mail or hand delivery. Do not send courtesy copies via multiple delivery methods.

C. Pleadings. Courtesy copies of pleadings, marked as such, shall be submitted to chambers as soon as practical after filing. (Please refer to Rules 14 and 18 of the Southern District of New York Electronic Case Filing Rules & Instructions, available at https://nysd.uscourts.gov, for more information about filing pleadings.) Copies of initial pleadings should be sent to Chambers no later than seven business days before the parties’ initial conference. (See Rule VII(B) below.) Courtesy copies of amended pleadings should be accompanied by a blackline showing all changes from the previously filed pleading.

D. Motion Papers. One set of courtesy copies of all motion papers, marked as such, shall be submitted to chambers at the time the papers are electronically filed.

E. Joint Pretrial Order. One set of courtesy copies of the joint pretrial order and all documents filed or served with the pretrial order should be submitted to Chambers on the date of filing or service. Refer to Rule X below.

VII. CONFERENCES

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

B. Initial Case Management Conference. The Court will generally schedule a Fed. R. Civ. P. 16(c) conference approximately 60 days following the filing of a Complaint. An ECF notification will be sent to plaintiff’s counsel (or defendant’s counsel in a case removed from state court), who will be responsible for distributing copies to all parties. As further instructed in the Notice, the parties shall submit a joint letter and proposed case management plan seven days before the initial conference. Please refer to the Model Case Management Plan available on the Court’s website (https://nysd.uscourts.gov/hon-paul-g-gardephe). The parties’ joint letter should be filed on ECF in accordance with Rule I(A) above, with the proposed case management plan filed as an attachment. Courtesy copies of the pleadings should be delivered to Chambers in accordance with Rule VI above. Please do not send courtesy copies of the joint letter and

proposed case management plan. Counsel are required to register for electronic filing and file a notice of appearance before the initial pretrial conference. Please consult the Southern District of New York Electronic Case Filing Rules & Instructions, available at https://nysd.uscourts.gov, for more information.

VIII. APPLICATIONS FOR ENTRY OF DEFAULT JUDGMENT

A party who wishes to obtain a default judgment must proceed by way of an order to show cause and use the procedure set forth in Attachment A.

IX. BANKRUPTCY APPEALS

The attention of all counsel is directed to Rules 8016 through 8018 of the Federal Bankruptcy Rules, which provide the dates within which briefs are to be served and filed.
Counsel may extend these dates by stipulation submitted to the Court no later than two business days before the brief is due.

X. PRETRIAL PROCEDURES

A. Joint Pretrial Orders in Civil Cases. Unless otherwise ordered by the Court, within 30 days from the date for the completion of discovery in a civil case or, if a dispositive motion has been filed, within 30 days of a decision resolving the motion, the parties shall submit to the Court for its approval a joint pretrial order setting forth the information required by Fed. R. Civ. P. 26(a)(3) and the following:

The full caption of the action.

The names, addresses (including firm names), and telephone numbers of trial counsel.

A brief statement by plaintiff as to the basis for 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.

A brief summary by each party of the claims and defenses that party has asserted which remain to be tried, without recital of evidentiary matter but including citations to all statutes relied on. Such summaries shall identify all claims and defenses previously asserted that are not to be tried.

With respect to each claim remaining to be tried, a 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.

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

A statement as to whether or not all parties have consented to trial of the case by a magistrate judge (without identifying which parties have or have not so consented).

Any stipulations or agreed statements of fact or law that have been agreed to by all parties.

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. A party may not call as a witness an individual who is not listed in its portion of the witness list.

10. A designation by each party of deposition testimony to be offered in its 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. A party may not offer deposition testimony that is not listed in its portion of the designation.

11. A list by each party of exhibits to be offered in its case in chief. The opposing party must indicate what exhibits it objects to and the nature of the objection (e.g., “authenticity,” “hearsay,” “Rule 403”). Any objection not listed shall be deemed waived.
    A party may not offer an exhibit that is not listed in its portion of the exhibit list. A copy of each hard copy exhibit should be appended to the motion.

B. Filings Prior to Trial in Civil Jury Cases. Unless otherwise ordered by the Court, in jury cases, the following shall be filed on the docket with the proposed joint pretrial order:

All parties must jointly prepare: a list of voir dire questions to be asked of prospective jurors; requests to charge; and a proposed verdict sheet. To the extent a party objects to another party’s requested voir dire questions, requests to charge or proposed verdict sheet, that party should (a) set forth the grounds for that objection (or refer to the trial memorandum of law for a full discussion of the objection) and (b) propose an alternative. All requests to charge, all objections and all alternative proposals must include citation to supporting authority.

Each party must also file a trial memorandum of law addressing each issue of law that the party expects to arise at or before trial.

Each party must also file one set of the party’s documentary exhibits organized sequentially.

If the documents described in (1) through (3) above are prepared on a computer, electronic copies must also be submitted on a thumb drive.

C. Filings Prior to Trial in Civil Non-Jury Cases. Unless otherwise ordered by the Court, in non-jury cases, each party shall file the following with the proposed joint pretrial order:

Proposed findings of fact and conclusions of law.

A trial memorandum of law that identifies the issues, summarizes the relevant facts and applicable law, and addresses any evidentiary issues.

Affidavits constituting the direct testimony of each trial witness, except for testimony of an adverse party, a person whose attendance must be compelled by subpoena, or a person for whom a party has requested and the Court has agreed to hear direct testimony during trial. 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 appear at trial. The original affidavits will be marked as exhibits at trial.

Copies of any designated deposition testimony that will be offered as substantive evidence, along with a one-page synopsis (with page references) of those excerpts for each deposition.

One set of the party’s documentary exhibits organized sequentially.

If the documents described in subsections (1) through (5) above are prepared on a computer, electronic copies must also be submitted on a thumb drive.

D. Filings Prior to Trial in All Civil Cases.

Each party must file and serve all motions in limine with the proposed joint pretrial order.

Within two weeks of filing the proposed joint pretrial order, each party must file and serve its opposition to any motion in limine.

E. Final Pretrial Conference. The Court will schedule a pretrial conference approximately one week before trial. The Court will use the occasion to explore the prospects for settlement. Counsel must be prepared to engage in meaningful settlement discussions.

ATTACHMENT A: DEFAULT JUDGMENT PROCEDURE

Prepare a Proposed Order to Show Cause for default judgment and make the Order returnable before Judge Gardephe in Courtroom 705 of the United States Courthouse, 40 Foley Square. Leave blank the date and time of the hearing and the deadline for service, which Judge Gardephe will set when he signs the Order.

Electronically file on ECF, as separate ECF filing events, the following support papers with the Proposed Order to Show Cause:

a. An attorney’s affidavit setting forth:

i. why a default judgment is appropriate, including a description of the method and date of service of the original summons and complaint;

ii. 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;

iii. the proposed damages and the basis for each element of damages including interest, attorneys’ fees, and costs; and

iv. legal authority for why an inquest would be unnecessary.

b. A proposed default judgment.

c. Copies of all the pleadings.

d. A copy of the affidavit of service of the original summons and complaint.

e. If failure to answer is the basis for the default, a Certificate from the Clerk of the Court stating that no answer has been filed.

f. Be sure to include the attorney’s name and contact information.

3. Once electronically filed, a courtesy copy of the Proposed Order to Show Cause and the supporting documentation must be provided to Chambers in hard copy.

4. After the Judge signs the Order, Chambers staff will file it on ECF.

5. The movant will serve one copy of the Order and supporting documents on the adverse party.

6. Prior to the return date, file via ECF an affidavit of service, demonstrating that the adverse party was served with the Order to Show Cause and supporting papers. Bring a courtesy copy of this affidavit to the hearing.

Individual Rules of Practice in Criminal Cases

Last updated July 2025

INDIVIDUAL PRACTICES OF JUDGE PAUL G. GARDEPHE CRIMINAL CASES

Chambers United States District Court Southern District of New York 40 Foley Square, Room 2104 New York, New York 10007 GardepheNYSDChambers@nysd.uscourts.gov https://nysd.uscourts.gov/hon-paul-g-gardephe Courtroom 40 Foley Square, Courtroom 705

Communications with Chambers

A. Letters. Except as otherwise provided below, communications with the Court shall be by letter. Unless accompanied by a request to file under seal, letters shall be filed electronically on ECF, with a courtesy copy, clearly marked as such, delivered to the Court by mail or hand delivery. See Rule 9 below regarding courtesy copies. Letters to be filed under seal should be delivered to the Court by mail or hand delivery. Include the case number on all letters. Copies of letters to the Court ordinarily shall be simultaneously delivered to all counsel. Chambers will not accept any substantive communication – i.e., anything other than a scheduling matter – by email.

B. Telephone Calls. Telephone calls to Chambers are permitted only in emergency situations requiring immediate attention. In such situations, parties should email the Chambers inbox requesting the Court’s contact information. Ex parte telephone calls will ordinarily not be accepted; wherever possible, counsel for all affected parties should be on the line when a call to Chambers is placed, except to the extent that similarly situated parties have designated a lead counsel to represent them on such a call. Please be ready to provide the case number when calling Chambers.

C. Hand Deliveries. Hand deliveries made to Chambers must be simultaneously delivered to all counsel. Hand-delivered mail should be left with the Court Security Officer at the Worth Street entrance of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, NY 10007; it may not be brought to Chambers.

D. Requests for Extension of Deadline or Adjournment of Court Appearance.
All requests for extensions or adjournments shall be made as soon as a party is aware of the need for the extension or adjournment and, in any event, no later than two business days prior to the scheduled deadline or appearance, absent an emergency. Requests should be made in writing in accordance with Rule 1(A) above. See Rule 3 below regarding requests for exclusions of time.

Initial Conference / Arraignment

A. Upon assignment of a criminal case to Judge Gardephe, the parties immediately shall contact Chambers to schedule a prompt conference, at which the defendant will be present, in order to set a discovery and motion schedule. The Assistant United States Attorney shall provide a courtesy copy each of the indictment and criminal complaint, if one exists, to Chambers as soon as possible.

B. Defense counsel are required to ask the Court, at the first conference, to hold a Curcio hearing whenever counsel has received, or is receiving, a benefactor payment that subjects counsel to a conflict of interest.

C. Counsel are required to register in accordance with the Procedures for Electronic Case filing within one week following the initial pretrial conference. Please consult the Southern District of New York Electronic Case Filing Rules & Instructions, available at https://nysd.uscourts.gov, for more information.

Exclusion of Time

Parties seeking an exclusion of time under the Speedy Trial Act must apprise the Court of facts that will permit the Court to make an independent determination as to whether or not to exclude time, considering both the interest of the public and the interest of the Defendant in a speedy trial, in conformance with 18 U.S.C. § 3161(h)(8), Parisi v. United States, 529 F.3d 134 (2d Cir. 2008), and United States v. Zedner, 547 U.S. 489 (2006). It is not sufficient that the parties agree to exclude time. Any request to exclude time must address whether the Defendant(s) consent to the exclusion of time for the reason(s) specified.

Bail Modifications

Any written request for a bail modification shall indicate whether the Government and the Pre-Trial Services Officer consent to the request.

Motions

In making discovery motions, counsel are expected to comply with Southern District Local Criminal Rule 16.1. Any discovery motion must contain the Rule 16.1 Affidavit. Any motion to suppress must include a supporting affidavit from a party with personal knowledge.

Substitution of Counsel

When there is a request for substitution of defense counsel, counsel of record must contact Chambers to schedule a conference.

Guilty Pleas

A. Guilty pleas will ordinarily be taken by Judge Gardephe and are not assigned to Magistrate Judges by standing order.

B. Defense counsel are expected to have reviewed any plea, cooperation or other agreement – if necessary, with the assistance of an interpreter – with the defendant prior to the time set for the conference with the Court.

C. Defendants shall be prepared in advance of their pleas by their attorneys to give narrative allocutions that incorporate all the elements of the offense(s) to which they are pleading guilty.

D. Where a defendant is pleading guilty pursuant to a plea agreement or a cooperation agreement, a copy of the agreement which is signed by the defendant and the defendant’s attorney must be received by Chambers no fewer than three business days before the scheduled plea. Where a defendant is pleading guilty pursuant to a Pimentel letter, a copy of the Pimentel letter must be received by Chambers no fewer than three business days before the scheduled plea.

Sentencing

A. Adjournments. Any request for an adjournment of sentence should be made in writing as early as possible, but no later than three business days before the date at issue. Such requests should state whether opposing counsel consents.

B. Sentencing Submissions.

Redaction of Sensitive Information. As a general matter, all documents submitted by the parties in connection with sentencing, including letters, are to be filed in the public record either in paper form or through the ECF system, using the procedures described below. Defense counsel will file all letters submitted on behalf of the defendant, including those from friends, relatives, and others. The Government is responsible for filing all letters from victims.

In filing sentencing submissions, the parties are directed to consider the E- Government Act of 2002 and this District’s ECF Privacy Policy (“Privacy Policy”). Unless necessary, sentencing submissions should not contain the five categories of “sensitive information” (i.e., social security numbers; names of minor children [use initials only]; dates of birth [use year only]; financial account numbers; and home address [use only city and state]). Court permission is not required to redact information that falls within 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.

Redacted versions of sentencing submissions should be publicly filed; a non-redacted version, marked as such, should be sent to the Court. In the rare instance that it is necessary to file a complete sentencing submission under seal, a copy should be sent to the Court with a request that it be filed under seal, explaining the reasons why sealing is necessary.

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 filed and served. The application should clearly identify the redaction and explain the reasons for redaction. The application will be addressed at the sentencing proceeding.

Timing and Filing Procedures. A defendant’s sentencing submission shall be served two weeks before the sentencing date. The Government’s sentencing submission shall be served one week before the sentencing date. In the event that the Government intends to seek an order of restitution or an order of forfeiture at sentencing, it will include a proposed order(s) with its sentencing submission, along with an explanation of how the restitution and/or forfeiture amounts were calculated.
The parties will provide the Court with one courtesy copy of each submission when it is served. See Rule 9 below regarding courtesy copies. At the time of service, a party shall file its sentencing submission following one of the two procedures described here:

a. Paper Filing. If letters are filed as hard copies, a party shall group all letters together in a single paper filing under a cover marked SENTENCING MATERIALS with the caption and docket number clearly indicated and submit it to the Clerk’s Office.

b. ECF Filing. If letters are filed electronically, they must be grouped together as attachments to a single document marked SENTENCING MATERIALS with the caption and docket number clearly indicated.

Courtesy Copies

A. All ECF-Filed Documents. One courtesy copy of any document filed on ECF, including letters, should be sent to Chambers. Courtesy copies of documents filed on ECF should: (1) be single-sided; (2) be spiral bound or stapled (preferred over velo bound copies); and (3) bear the ECF header (e.g., “Case 1:23-cr-00061-PGG Document 9 Filed 02/01/23 Page 1 of 3”).

B. Delivery Method. Courtesy copies should be sent via mail or hand delivery.
Do not send courtesy copies via multiple delivery methods.

Individual Trial Practices

Last updated July 2025

INDIVIDUAL TRIAL PRACTICES OF JUDGE PAUL G. GARDEPHE

Chambers United States District Court Southern District of New York 40 Foley Square, Room 2104 New York, New York 10007 GardepheNYSDChambers@nysd.uscourts.gov https://nysd.uscourts.gov/hon-paul-g-gardephe Courtroom 40 Foley Square, Courtroom 705

1. Pretrial Practices

A. Criminal Cases. In criminal cases, any voir dire requests, requests to charge, motions in limine, or trial memoranda should be filed 30 days prior to trial. Two courtesy copies and, in the case of voir dire requests or requests to charge, an electronic copy in Microsoft Word format, should be delivered to chambers that same day.

B. Civil Cases. In civil cases, please refer to Judge Gardephe’s Individual Rule of Practice 10.

2. Trial Dates and Times

A. Trial days will generally run from 9:00 a.m. to 5:00 p.m. The Court will be available to meet with counsel from 9:00 a.m. to 9:30 a.m. Testimony will begin at 9:30 a.m. A one-hour luncheon recess will be taken at 12:30 p.m. or 12:45 p.m.

B. At any time after a civil case has been placed on the 48-hour Ready Trial calendar, counsel shall notify the Court and their adversaries in writing of any potential scheduling conflict, including, but not limited to, trials and vacations, that would prevent a trial at a particular time.

C. Counsel shall notify the Court and all other counsel in writing, at the earliest possible time, of any scheduling problems involving out-of-town witnesses or other exigencies.

3. Witnesses

The Court expects witnesses to be available when needed. Do not run out of witnesses. Witnesses will be taken out of order if the next witness is unavailable. Where possible, the Court will endeavor to take a medical doctor’s testimony at a time convenient to the doctor, even if it means interrupting the testimony of another witness. Failure to have witnesses available during trial may result in preclusion of their testimony.

4. Exhibits

A. All exhibits should be pre-marked, and no trial time will be taken for this purpose. Plaintiff/Government shall mark exhibits as numbers and defendants shall use letters.

B. Counsel are responsible for marking their own exhibits. Counsel must give two copies of each exhibit to the Court (one for the Judge; the other for the Law Clerk) before using it at trial. The Court/Law Clerk copies of pre-marked exhibits should be assembled sequentially in a looseleaf binder, or in separate manila folders labeled with the exhibit numbers and placed in a suitable container for ready reference. For criminal trials, the binder or folders should also include the Section 3500 material.

C. Counsel must exchange copies of their trial exhibits before the trial begins.

D. If a party wishes to publish an exhibit to the jury prior to deliberations, it must use video equipment or provide a copy of each such exhibit for every juror.

E. Counsel are responsible for maintaining custody of all original exhibits. The Court does not retain them, and the Courtroom Deputy Clerk is not responsible for them.

5. Depositions

Counsel shall provide two copies to the Court of any deposition excerpts that are intended to be offered into evidence. Copy the relevant pages only, staple the extracts from each deposition, and offer each as an exhibit.

6. Court Reporter

A. When referring to an exhibit, cite it by number or letter so that the record is clear as to what is being discussed. Counsel are directed to provide to the court reporter – prior to trial – the spelling of proper names or places that are likely to be discussed in testimony.

B. When depositions or documents are read, the reader should proceed slowly enough for the court reporter to record what is being said and cite the applicable page and line number. Depositions are to be read stating the word “Question” and then reading the question, then stating the word “Answer” and stating the answer.

7. Sidebars

Sidebars during jury trials are discouraged and generally not permitted. Counsel are expected to anticipate any problems that may require argument and raise those issues with the Court in advance of the time that the jury will be hearing evidence.

8. Jury Selection

The jury will be selected by the struck panel method. Peremptory challenges are exercised simultaneously.

9. Objections

There should be no speaking objections. If the Court does not understand the basis for an objection, the Court will inquire, and counsel should respond with an explanatory word or phrase, such as “hearsay,” “leading,” or “asked and answered.”

Model Protective Order

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Plaintiff(s),

• against -

Defendant(s).

STIPULATED
CONFIDENTIALITYAGREEMENT
AND PROTECTIVE ORDER

___ Civ. ______ (PGG)

PAUL G. GARDEPHE, U.S.D.J.:

WHEREAS, all the parties to this action (collectively the “Parties” and individually a “Party”) request that this Court issue a protective order pursuant to Federal Rule of Civil Procedure 26(c) to protect the confidentiality of nonpublic and competitively sensitive information that they may need to disclose in connection with discovery in this action; WHEREAS, the Parties, through counsel, agree to the following terms; and WHEREAS, this Court finds good cause exists for issuance of an appropriately tailored confidentiality order governing the pretrial phase of this action,
IT IS HEREBY ORDERED that any person subject to this Order – including without limitation the Parties to this action (including their respective corporate parents, successors, and assigns), their representatives, agents, experts and consultants, all third parties providing discovery in this action, and all other interested persons with actual or constructive notice of this Order — will adhere to the following terms, upon pain of contempt: 1. With respect to “Discovery Material” (i.e., information of any kind produced or disclosed in the course of discovery in this action) that a person has designated as

“Confidential” pursuant to this Order, no person subject to this Order may disclose such Confidential Discovery Material to anyone else except as this Order expressly permits: 2. The Party or person producing or disclosing Discovery Material (“Producing Party”) may designate as Confidential only the portion of such material that it reasonably and in good faith believes consists of: (a) previously non-disclosed financial information (including without limitation profitability reports or estimates, percentage fees, design fees, royalty rates, minimum guarantee payments, sales reports, and sale margins); (b) previously non-disclosed material relating to ownership or control of any non-public company; (c) previously non-disclosed business plans, product-development information, or marketing plans; (d) any information of a personal or intimate nature regarding any individual; or (e) any other category of information this Court subsequently affords confidential status. 3. With respect to the Confidential portion of any Discovery Material other than deposition transcripts and exhibits, the Producing Party or its counsel may designate such portion as “Confidential” by: (a) stamping or otherwise clearly marking as “Confidential” the protected portion in a manner that will not interfere with legibility or audibility; and (b) producing for future public use another copy of said Discovery Material with the confidential information redacted.

A Producing Party or its counsel may designate deposition exhibits or portions of deposition transcripts as Confidential Discovery Material either by: (a) indicating on the record during the deposition that a question calls for Confidential information, in which case the reporter will bind the transcript of the designated testimony in a separate volume and mark it as “Confidential Information Governed by Protective Order;” or (b) notifying the reporter and all counsel of record, in writing, within 30 days after a deposition has concluded, of the specific pages and lines of the transcript that are to be designated “Confidential,” in which case all counsel receiving the transcript will be responsible for marking the copies of the designated transcript in their possession or under their control as directed by the Producing Party or that person’s counsel. During the 30-day period following a deposition, all Parties will treat the entire deposition transcript as if it had been designated Confidential. 5. If at any time before the trial of this action a Producing Party realizes that it should have designated as Confidential some portion(s) of Discovery Material that it previously produced without limitation, the Producing Party may so designate such material by so apprising all prior recipients in writing. Thereafter, this Court and all persons subject to this Order will treat such designated portion(s) of the Discovery Material as Confidential. 6. Nothing contained in this Order will be construed as: (a) a waiver by a Party or person of its right to object to any discovery request; (b) a waiver of any privilege or protection; or (c) a ruling regarding the admissibility at trial of any document, testimony, or other evidence. 7. Where a Producing Party has designated Discovery Material as Confidential, other persons subject to this Order may disclose such information only to the following persons:

(a) the Parties to this action, their insurers, and counsel to their insurers; (b) counsel retained specifically for this action, including any paralegal, clerical, or other assistant that such outside counsel employs and assigns to this matter; (c) outside vendors or service providers (such as copy-service providers and document-management consultants) that counsel hire and assign to this matter; (d) any mediator or arbitrator that the Parties engage in this matter or that this Court appoints, provided such person has first executed a Non-Disclosure Agreement in the form annexed as an Exhibit hereto; (e) as to any document, its author, its addressee, and any other person indicated on the face of the document as having received a copy; (f) any witness who counsel for a Party in good faith believes may be called to testify at trial or deposition in this action, provided such person has first executed a Non-Disclosure Agreement in the form annexed as an Exhibit hereto;
(g) any person a Party retains to serve as an expert witness or otherwise provide specialized advice to counsel in connection with this action, provided such person has first executed a Non-Disclosure Agreement in the form annexed as an Exhibit hereto;
(h) stenographers engaged to transcribe depositions the Parties conduct in this action; and

(i) this Court, including any appellate court, its support personnel, and court reporters. 8. Before disclosing any Confidential Discovery Material to any person referred to in subparagraphs 7(d), 7(f), or 7(g) above, counsel must provide a copy of this Order to such person, who must sign a Non-Disclosure Agreement in the form annexed as an Exhibit hereto stating that he or she has read this Order and agrees to be bound by its terms. Said counsel must retain each signed Non-Disclosure Agreement, hold it in escrow, and produce it to opposing counsel either before such person is permitted to testify (at deposition or trial) or at the conclusion of the case, whichever comes first. 9. In accordance with paragraph 2 of this Court’s Individual Practices, any party filing documents under seal must simultaneously file with the Court a letter brief and supporting declaration justifying – on a particularized basis – the continued sealing of such documents. The parties should be aware that the Court will unseal documents if it is unable to make “specific, on the record findings . . . demonstrating that closure is essential to preserve higher values and is narrowly tailored to serve that interest.” Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120 (2d Cir. 2006). 10. The Court also retains discretion whether to afford confidential treatment to any Discovery Material designated as Confidential and submitted to the Court in connection with any motion, application, or proceeding that may result in an order and/or decision by the Court. All persons are hereby placed on notice that the Court is unlikely to seal or otherwise afford confidential treatment to any Discovery Material introduced in evidence at trial, even if such material has previously been sealed or designated as Confidential.

In filing Confidential Discovery Material with this Court, or filing portions of any pleadings, motions, or other papers that disclose such Confidential Discovery Material (“Confidential Court Submission”), the Parties shall publicly file a redacted copy of the Confidential Court Submission via the Electronic Case Filing System. The Parties shall file an unredacted copy of the Confidential Court Submission under seal with the Clerk of this Court, and the Parties shall serve this Court and opposing counsel with unredacted courtesy copies of the Confidential Court Submission.
12. Any Party who objects to any designation of confidentiality may at any time before the trial of this action serve upon counsel for the Producing Party a written notice stating with particularity the grounds of the objection. If the Parties cannot reach agreement promptly, counsel for all affected Parties will address their dispute to this Court in accordance with paragraph 4(E) of this Court’s Individual Practices. 13. Any Party who requests additional limits on disclosure (such as “attorneys’ eyes only” in extraordinary circumstances), may at any time before the trial of this action serve upon counsel for the recipient Parties a written notice stating with particularity the grounds of the request. If the Parties cannot reach agreement promptly, counsel for all affected Parties will address their dispute to this Court in accordance with paragraph 4(E) of this Court’s Individual Practices. 14. Recipients of Confidential Discovery Material under this Order may use such material solely for the prosecution and defense of this action and any appeals thereto, and not for any business, commercial, or competitive purpose or in any other litigation proceeding.
Nothing contained in this Order, however, will affect or restrict the rights of any Party with respect to its own documents or information produced in this action.

Nothing in this Order will prevent any Party from producing any Confidential Discovery Material in its possession in response to a lawful subpoena or other compulsory process, or if required to produce by law or by any government agency having jurisdiction, provided that such Party gives written notice to the Producing Party as soon as reasonably possible, and if permitted by the time allowed under the request, at least 10 days before any disclosure. Upon receiving such notice, the Producing Party will bear the burden to oppose compliance with the subpoena, other compulsory process, or other legal notice if the Producing Party deems it appropriate to do so. 16. Each person who has access to Discovery Material designated as Confidential pursuant to this Order must take all due precautions to prevent the unauthorized or inadvertent disclosure of such material. 17. Within 60 days of the final disposition of this action – including all appeals – all recipients of Confidential Discovery Material must either return it – including all copies thereof – to the Producing Party, or, upon permission of the Producing Party, destroy such material – including all copies thereof. In either event, by the 60-day deadline, the recipient must certify its return or destruction by submitting a written certification to the Producing Party that affirms that it has not retained any copies, abstracts, compilations, summaries, or other forms of reproducing or capturing any of the Confidential Discovery Material. Notwithstanding this provision, the attorneys that the Parties have specifically retained for this action may retain an archival copy of all pleadings, motion papers, transcripts, expert reports, legal memoranda, correspondence, or attorney work product, even if such materials contain Confidential Discovery Material. Any such archival copies that contain or constitute Confidential Discovery Material remain subject to this Order.

This Order will survive the termination of the litigation and will continue to be binding upon all persons to whom Confidential Discovery Material is produced or disclosed.
19. This Court will retain jurisdiction over all persons subject to this Order to the extent necessary to enforce any obligations arising hereunder or to impose sanctions for any contempt thereof.

SO STIPULATED AND AGREED.

Dated:

Dated:

Dated: New York, New York

SO ORDERED.

Paul G. Gardephe

United States District Judge

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Plaintiff(s),

• against -

Defendant(s).

NON-DISCLOSURE AGREEMENT

___ Civ. ______ (PGG)

I, _______________________________, acknowledge that I have read and understand the Protective Order in this action governing the non-disclosure of those portions of Discovery Material that have been designated as Confidential. I agree that I will not disclose such Confidential Discovery Material to anyone other than for purposes of this litigation and that at the conclusion of the litigation I will return all discovery information to the Party or attorney from whom I received it. By acknowledging these obligations under the Protective Order, I understand that I am submitting myself to the jurisdiction of the United States District Court for the Southern District of New York for the purpose of any issue or dispute arising hereunder and that my willful violation of any term of the Protective Order could subject me to punishment for contempt of Court.

Dated:

Supplemental Rules for Maritime Cases

SUPPLEMENTAL INDIVIDUAL PRACTICES FOR MARITIME CASES
JUDGE PAUL G. GARDEPHE Unless otherwise ordered, these Supplemental Individual Practices apply to all cases assigned to the Honorable Paul G. Gardephe in which a party seeks an order under Rule B or Rule E of the Supplemental Rules for Admiralty or Maritime Claims. Counsel should also be familiar with Judge Gardephe’s Individual Practices for Civil Cases.

A. In cases concerning a maritime contract, the party requesting a Rule B attachment order should provide Chambers with a copy of the contract at issue.

B. If the amount the party seeks to attach under Rule B includes security for the costs and legal fees associated with litigating or arbitrating the underlying claim, the party should submit legal authority supporting its request, except in the case of a London arbitration.
In all such cases (including in cases involving a London arbitration), the party should provide a basis for allowing the attachment for interest at the requested rate for the requested number of years, and for allowing the attachment for costs and attorneys’ fees in the requested amount.

C. A party relying on foreign legal authority in support of any aspect of a request to issue or vacate a Rule B attachment order must provide a courtesy copy (in English) of the cited authority.

D. In cases where the Part I judge has issued a sealing order, the plaintiff should provide Chambers with a copy of the sealing order and copies of any documents it submitted in support of the sealing request. Requests for continued sealing must be supported by particularized allegations justifying such relief, such as allegations suggesting that the named defendant is likely to abscond from the District with attachable assets absent a sealing order.

E. The documents and information described above may be provided by hand at the time the complaint and attachment request are brought to Chambers, or by hand or fax by the close of the next business day. Any supplemental affidavit provided to the Court must also be filed via ECF.

F. Judge Gardephe’s practice is to issue his own attachment orders rather than sign proposed orders submitted by litigants. Counsel should carefully review any attachment order that is issued, including the amount the party is authorized to attach, and ensure that the writ issued by the Clerk’s Office conforms to the Court’s order.

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