All local rules for S.D.N.Y., integrated with this judge's published requirements.
(d) No ex parte order, or order to show cause to bring on a motion, will be granted, except upon a clear and specific showing by affidavit that contains good and sufficient reasons why a procedure other than by notice of motion is necessary and states whether a previous application for similar relief has been made. Local Civil Rule 6.1(d) ↗
COMMUNICATIONS For questions concerning general calendar matters, call the Deputy Clerk, Mr. Andrew Mohan at (212) 805-0104. Counsel are not to communicate with Chambers by phone except in case of emergency. Counsel are not to communicate with chambers via facsimile without prior approval. Copies of correspondence between counsel should not be sent to the Court. Except as otherwise provided herein, the Court's procedures are governed bythe Local Rules of this Court and the Federal Rules of Civil Procedure. Counsel should not call the Judge's law clerks with respect to procedural questions. LETTERS Letter motions enumerated in Section 13.1 of the ECF Rules and Instructions may be filed electronically. Other letters shall be mailed or sent by commercial courier to the undersigned or delivered to the court security officers at the Worth Street entrance, 200 Worth Street. Letters, other than enumerated letter motions, shall not be filed on the CM/ECF system. CONFERENCES The attorney who will serve as principal trial counsel must appear at all conferences with the Court. Unless the parties are otherwise notified, a pending motion to dismiss the entire action cancels any previously scheduled initial scheduling conference. MOTION RULES AT A GLANCE Pre-motion conference: Motion returnable: Courtesy Copies: Not required. Motions are to be filed without a return date. Two courtesy copies should be addressed to Judge Kaplan and delivered to the court security officers at the Worth Street entrance, 200 Worth Street, no later than one business day after the originals are filed. MOTION RULES AND PROCEDURES Discovery Disputes Discovery disputes shall be raised with the Court by motion filed electronically. The motion shall not exceed four (4) pages in length, including affidavits and declarations, but exclusive of exhibits. In addition, counsel filing such motions electronically shall send a letter to the Court stating that such a motion has been filed electronically. The party opposing the relief sought may respond within two (2) business days electronically, briefly describing why the relief sought should not be granted. • * * Counsel should be prepared to discuss with the Court the matters raised by such letters or motions, as the case may be, as the Court may seek to resolve discovery disputes quickly, often by telephone conference call and sometimes in advance of receiving answering papers. Discovery disputes should be raised with the Court promptly once it is clear that the issues cannot be resolved by agreement. Return Dates and Special Filing Rules All motions, unless brought on by an Order to Show Cause, should be made without a return date. Two (2) courtesy copies for the use of Chambers should be delivered to the court security officers at the Worth Street entrance, 200 Worth Street (at the time the originals are filed). Orders to Show Cause and TROs
(c) Length of Memoranda of Law. If filed by an attorney or prepared with a computer, briefs in support of and in response to a motion (except for motions for reconsideration) may not exceed 8,750 words, and reply briefs may not exceed 3,500 words. Local Civil Rule 7.1(c) ↗
(c) Length of Memoranda of Law. If filed by an attorney or prepared with a computer, briefs in support of and in response to a motion (except for motions for reconsideration) may not exceed 8,750 words, and reply briefs may not exceed 3,500 words. Local Civil Rule 7.1(c) ↗
(c) Length of Memoranda of Law. If filed by an attorney or prepared with a computer, briefs in support of and in response to a motion (except for motions for reconsideration) may not exceed 8,750 words, and reply briefs may not exceed 3,500 words. Local Civil Rule 7.1(c) ↗
Except for letter-motions as permitted by Local Civil Rule 7.1(d), and unless provided otherwise by statute or rule, or by the court in a judge’s individual practices or in a direction in a particular case, motion papers must be served and filed as follows: (a) On all motions and applications under Fed. R. Civ. P. 26 through 37 and 45(d)(3), (1) all motion papers must be served by the moving party on all other parties that have appeared in the action, (2) any opposing or response papers must be served within seven days after service of the moving papers, and (3) any reply papers must be served within two days after service of the answering papers. In computing periods of days, refer to Fed. R. Civ. P. 6. (b) On all civil motions, petitions, and applications, other than those described in Rule 6.1(a), and other than petitions for writs of habeas corpus, (1) the moving papers must be served by the moving party on all other parties that have appeared in the action, (2) any opposing or response papers must be served within 14 days after service of the moving papers, and (3) any reply papers must be served within seven days after service of the answering papers. Local Civil Rule 6.1 (introductory clause) and 6.1(a)-(b) ↗
Silent on fixed motion hearing days. Local Civil Rules 6.1, 7.1 (silent) ↗
Local Civil Rule 77.1. Submission of Orders, Judgments and Decrees Proposed orders, judgments, and decrees must be presented as directed by the ECF rules published on the website of each respective court. Local Civil Rule 77.1 ↗
FILINGS UNDER SEAL IN CIVIL AND MISCELLANEOUS CASES 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 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.
Silent on oral argument default. Local Civil Rules 6.1, 7.1 (silent) ↗
d. MOTION RULES AND PROCEDURES Discovery Disputes Discovery disputes shall be raised with the Court by motion filed electronically. The motion shall not exceed four (4) pages in length, including affidavits and declarations, but exclusive of exhibits. In addition, counsel filing such motions electronically shall send a letter to the Court stating that such a motion has been filed electronically. The party opposing the relief sought may respond within two (2) business days electronically, briefly describing why the relief sought should not be granted. • * * Counsel should be prepared to discuss with the Court the matters raised by such letters or motions, as the case may be, as the Court may seek to resolve discovery disputes quickly, often by telephone conference call and sometimes in advance of receiving answering papers. Discovery disputes should be raised with the Court promptly once it is clear that the issues cannot be resolved by agreement. Return Dates and Special Filing Rules All motions, unless brought on by an Order to Show Cause, should be made without a return date. Two (2) courtesy copies for the use of Chambers should be delivered to the court security officers at the Worth Street entrance, 200 Worth Street (at the time the originals are filed). Orders to Show Cause and TROs Unless otherwise ordered in a specific case, all applications for orders to show cause and temporary restraining orders first shall be brought to the Orders and Appeals Clerk for approval and then to Chambers. Applications for temporary restraining orders will be entertained onlyafter notice to the adversary absent a persuasive showing that the giving of notice itself is likely to result in immediate and irreparable injury. Briefs and Motion Papers Citations to United States Supreme Court cases shall contain citations to the official reports and parallel cites to the Supreme Court Reporter, respectively. Citations to unreported cases not available on WESTLAW should be accompanied by a copy of the case cited. 3 Memoranda of law in support of or in opposition to motions may not exceed thirty-five (35) pages, double spaced, in length and, if in excess of ten (10) pages, should contain tables of contents and authorities. Reply memoranda may not exceed ten (10) pages, double spaced, in length. All exhibits to memoranda and other papers should be tabbed and indexed. A copy of the complaint should accompany the moving papers. Requests to file memoranda exceeding the page limits set forth herein must be made five (5) days prior to the due date except with respect to reply briefs, in which case the time is the day prior to the due date. Answering and reply papers, if any, are to be served within the time specified in S.D.N.Y. Civ. R. 6.1. After answering papers are received, the Court will notify counsel of the time and place for oral argument if the Court regards oral argument as likely to be helpful. The Court will have reviewed the papers prior to argument. Reports, R
d twenty pages in length. Adjournments/Extensions All requests for extensions of time or adjournment of motions, pretrial conferences, and other matters must be made with copies to all counsel and received in chambers not less than two business days before the scheduled time. Such requests must include the number and disposition of any prior requests for similar extensions and state whether opposing counsel consents to the extension or adjournment. If the extension request is made with the consent of all parties, a stipulation should be submitted as provided in the ECF Rules and Procedures and shall set out the schedule to which counsel have agreed; a request for an extension without the consent of all counsel may be made by letter to the Court. Requests to adjourn the date for oral argument made less than one week prior to the scheduled date will be granted only under the most compelling circumstances. The Court will not advise the parties by telephone or mail of the disposition of requests for extensions and adjournments. Counsel are responsible for checking the docket sheet in the Clerk's office in person, by use of a service, or through use of the Court's ECF system. Notice of Rulings Counsel are responsible for knowledge of all rulings and other papers regardless of whether they receive electronic or written notice thereof. The docket sheet and electronic copies of papers are available online through the CM/ECF system. 4 ECF FILING PRACTICES: FILINGS UNDER SEAL IN CIVIL AND MISCELLANEOUS CASES Source ↗
MOTION RULES AT A GLANCE Pre-motion conference: Motion returnable: Courtesy Copies: Not required. Motions are to be filed without a return date. Two courtesy copies should be addressed to Judge Kaplan and delivered to the court security officers at the Worth Street entrance, 200 Worth 2 Street, no later than one business day after the originals are filed. MOTION RULES AND PROCEDURES Discovery Disputes Discovery disputes shall be raised with the Court by motion filed electronically. The motion shall not exceed four (4) pages in length, including affidavits and declarations, but exclusive of exhibits. In addition, counsel filing such motions electronically shall send a letter to the Court stating that such a motion has been filed electronically. The party opposing the relief sought may respond within two (2) business days electronically, briefly describing why the relief sought should not be granted. • * * Counsel should be prepared to discuss with the Court the matters raised by such letters or motions, as the case may be, as the Court may seek to resolve discovery disputes quickly, often by telephone conference call and sometimes in advance of receiving answering papers. Discovery disputes should be raised with the Court promptly once it is clear that the issues cannot be resolved by agreement. Return Dates and Special Filing Rules All motions, unless brought on by an Order to Show Cause, should be made without a return date. Two (2) courtesy copies for the use of Chambers should be delivered to the court security officers at the Worth Street entrance, 200 Worth Street (at the time the originals are filed). Orders to Show Cause and TROs Unless otherwise ordered in a specific case, all applications for orders to show cause and temporary restraining orders first shall be brought to the Orders and Appeals Clerk for approval and then to Chambers. Applications for temporary restraining orders will be entertained onlyafter notice to the adversary absent a persuasive showing that the giving of notice itself is likely to result in immediate and irreparable injury. Briefs and Motion Papers Citations to United States Supreme Court cases shall contain citations to the official reports and parallel cites to the Supreme Court Reporter, respectively. Citations to unreported cases not available on WESTLAW should be accompanied by a copy of the case cited. 3 Memoranda of law in support of or in opposition to motions may not exceed thirty-five (35) pages, double spaced, in length and, if in excess of ten (10) pages, should contain tables of contents and authorities. Reply memoranda may not exceed ten (10) pages, double spaced, in length. All exhibits to memoranda and other papers should be tabbed and indexed. A copy of the complaint should accompany the moving papers. Requests to file memoranda exceeding the page limits set forth herein must be made five (5) days prior to the due date except with respect to reply briefs, in which case the time is the day prior to the due date. Answering and reply papers, if any, are to be served within the time specified in S.D.N.Y. Civ. R. 6.1. After answering papers are received, the Court will notify counsel of the time and place for oral argument if the Court regards oral argument as likely to be helpful. The Court will have reviewed the papers prior to argument. Reports, Recommendations and Orders of Magistrate Judges Objections to reports and recommendations, and appeals from orders of, Magistrate Judges shall not exceed twenty pages in length. Adjournments/Extensions All requests for extensions of time or adjournment of motions, pretrial conferences, and other matters must be made with copies to all counsel and received in chambers not less than two business days before the scheduled time. Such requests must include the number and disposition of any prior requests for similar extensions and state whether opposing counsel consents to the extension or adjournment. If the extension request is made with the Source ↗
uld be accompanied by a copy of the case cited. 3 Memoranda of law in support of or in opposition to motions may not exceed thirty-five (35) pages, double spaced, in length and, if in excess of ten (10) pages, should contain tables of contents and authorities. Reply memoranda may not exceed ten (10) pages, double spaced, in length. All exhibits to memoranda and other papers should be tabbed and indexed. A copy of the complaint should accompany the moving papers. Requests to file memoranda exceeding the page limits set forth herein must be made five (5) days prior to the due date except with respect to reply briefs, in which case the time is the day prior to the due date. Answering and reply papers, if any, are to be served within the time specified in S.D.N.Y. Civ. R. 6.1. After answering papers are received, the Court will notify counsel of the time and place for oral argument if the Court regards oral argument as likely to be helpful. The Court will have reviewed the papers prior to argument. Reports, Recommendations and Orders of Magistrate Judges Objections to reports and recommendations, and appeals from orders of, Magistrate Judges shall not exceed twenty pages in length. Adjournments/Extensions All requests for extensions of time or adjournment of motions, pretrial conferences, and other matters must be made with copies to all counsel and received in chambers not less than two business days before the scheduled time. Such requests must include the number and disposition of any prior requests for similar extensions and state whether opposing counsel consents to the extension or adjournment. If the extension request is made with the consent of all parties, a stipulation should be submitted as provided in the ECF Rules and Procedures and shall set out the schedule to which counsel have agreed; a request for an extension without the consent of all counsel may be made by letter to the Court. Requests to adjourn the date for oral argument made less than one week prior to the scheduled date will be granted only under the most compelling circumstances. The Court will not advise the parties by telephone or mail of the disposition of requests for extensions and adjournments. Counsel are responsible for checking the docket sheet in the Clerk's office in person, by use of a service, or through use of the Court's ECF system. Notice of Rulings Counsel are responsible for knowledge of all rulings and other papers regardless of whether they receive electronic or written notice thereof. The docket sheet and electronic copies of papers are available online through the CM/ECF system. 4 ECF FILING PRACTICES: FILINGS UNDER SEAL IN CIVIL AND MISCELLANEOUS CASES Source ↗
ithin the time specified in S.D.N.Y. Civ. R. 6.1. After answering papers are received, the Court will notify counsel of the time and place for oral argument if the Court regards oral argument as likely to be helpful. The Court will have reviewed the papers prior to argument. Reports, Recommendations and Orders of Magistrate Judges Objections to reports and recommendations, and appeals from orders of, Magistrate Judges shall not exceed twenty pages in length. Adjournments/Extensions All requests for extensions of time or adjournment of motions, pretrial conferences, and other matters must be made with copies to all counsel and received in chambers not less than two business days before the scheduled time. Such requests must include the number and disposition of any prior requests for similar extensions and state whether opposing counsel consents to the extension or adjournment. If the extension request is made with the consent of all parties, a stipulation should be submitted as provided in the ECF Rules and Procedures and shall set out the schedule to which counsel have agreed; a request for an extension without the consent of all counsel may be made by letter to the Court. Requests to adjourn the date for oral argument made less than one week prior to the scheduled date will be granted only under the most compelling circumstances. The Court will not advise the parties by telephone or mail of the disposition of requests for extensions and adjournments. Counsel are responsible for checking the docket sheet in the Clerk's office in person, by use of a service, or through use of the Court's ECF system. Notice of Rulings Counsel are responsible for knowledge of all rulings and other papers regardless of whether they receive electronic or written notice thereof. The docket sheet and electronic copies of papers are available online through the CM/ECF system. 4 ECF FILING PRACTICES: FILINGS UNDER SEAL IN CIVIL AND MISCELLANEOUS CASES Source ↗
MOTION RULES AT A GLANCE Pre-motion conference: Motion returnable: Courtesy Copies: Not required. Motions are to be filed without a return date. Two courtesy copies should be addressed to Judge Kaplan and delivered to the court security officers at the Worth Street entrance, 200 Worth 2 Street, no later than one business day after the originals are filed. MOTION RULES AND PROCEDURES Discovery Disputes Discovery disputes shall be raised with the Court by motion filed electronically. The motion shall not exceed four (4) pages in length, including affidavits and declarations, but exclusive of exhibits. In addition, counsel filing such motions electronically shall send a letter to the Court stating that such a motion has been filed electronically. The party opposing the relief sought may respond within two (2) business days electronically, briefly describing why the relief sought should not be granted. • * * Counsel should be prepared to discuss with the Court the matters raised by such letters or motions, as the case may be, as the Court may seek to resolve discovery disputes quickly, often by telephone conference call and sometimes in advance of receiving answering papers. Discovery disputes should be raised with the Court promptly once it is clear that the issues cannot be resolved by agreement. Return Dates and Special Filing Rules All motions, unless brought on by an Order to Show Cause, should be made without a return date. Two (2) courtesy copies for the use of Chambers should be delivered to the court security officers at the Worth Street entrance, 200 Worth Street (at the time the originals are filed). Orders to Show Cause and TROs Unless otherwise ordered in a specific case, all applications for orders to show cause and temporary restraining orders first shall be brought to the Orders and Appeals Clerk for approval and then to Chambers. Applications for temporary restraining orders will be entertained onlyafter notice to the adversary absent a persuasive showing that the giving of notice itself is likely to result in immediate and irreparable injury. Briefs and Motion Papers Citations to United States Supreme Court cases shall contain citations to the official reports and parallel cites to the Supreme Court Reporter, respectively. Citations to unreported cases not available on WESTLAW should be accompanied by a copy of the case cited. 3 Memoranda of law in support of or in opposition to motions may not exceed thirty-five (35) pages, double spaced, in length and, if in excess of ten (10) pages, should contain tables of contents and authorities. Reply memoranda may not exceed ten (10) pages, double spaced, in length. All exhibits to memoranda and other papers should be tabbed and indexed. A copy of the complaint should accompany the moving papers. Requests to file memoranda exceeding the page limits set forth herein must be made five (5) days prior to the due date except with respect to reply briefs, in which case the time is the day prior to the due date. Answering and reply papers, if any, are to be served within the time specified in S.D.N.Y. Civ. R. 6.1. After answering papers are received, the Court will notify counsel of the time and place for oral argument if the Court regards oral argument as likely to be helpful. The Court will have reviewed the papers prior to argument. Reports, Recommendations and Orders of Magistrate Judges Objections to reports and recommendations, and appeals from orders of, Magistrate Judges shall not exceed twenty pages in length. Adjournments/Extensions All requests for extensions of time or adjournment of motions, pretrial conferences, and other matters must be made with copies to all counsel and received in chambers not less than two business days before the scheduled time. Such requests must include the number and disposition of any prior requests for similar extensions and state whether opposing counsel consents to the extension or adjournment. If the extension request is made with the Source ↗