Judge Kenneth M. Karas — United States District Court, Southern District of New York

Advice of Rights (English)

Revised: ____________, 2013 ADVICE OF RIGHTS FORM United States of America v. Cr. (KMK) I have received and read a copy of the indictment or information and understand the nature of the charges made against me. I have had the opportunity to tell my lawyer all I know about the matters referred to in the indictment or information. I understand the nature of the charges against me, my constitutional rights, and the punishment that could be imposed by the Court upon my plea of guilty, including: any maximum and mandatory minimum terms of imprisonment; the effect of any term of supervised release that may be imposed; the possibility of an order of forfeiture; the possibility of an order of restitution if any financial injury was caused by the offense; the fact that the Court must consider any applicable sentencing guidelines as well as the other factors enumerated in Title 18, United States Code, Section 3553(a), in imposing sentence; and the fact that the Court may depart from the sentencing guidelines in some circumstances. I understand that I have the right to be represented by an attorney during this proceeding and during all phases of this case, and that if I could not afford an attorney, one would be provided to me at public expense. I understand that if I plead not guilty to any count or counts in the indictment or information: • I would be presumed under the law to be innocent of the charges against me in such count or counts. • I would be entitled to a speedy, public trial by an impartial jury in which the burden would be upon the Government to establish my guilt beyond a reasonable doubt to the satisfaction of all 12 jurors. • Upon such trial (1) I would be entitled to remain silent and no inference could be drawn against me because of my silence; (2) I could, if I wished, testify on my behalf; (3) I would be entitled, through my lawyer, to confront and cross-examine all witnesses against me; and (4) I would be entitled to compulsory process of the Court to obtain witnesses to testify and evidence to be offered in my defense. I understand that if my plea of guilty to any count or counts is accepted by the Court, I will give up the foregoing rights with respect to such count or counts, except for the right to an attorney, which I have regardless of whether or not I plead guilty, and the Court will have the same power to sentence me as if a jury had brought in a verdict of guilty with respect to such count or counts. My decision to plead guilty is freely and voluntarily made. I have not been induced to plead guilty to any count by any promises other than those contained in any written plea agreement that I have signed, if such an agreement exists. No one has promised me that I would receive leniency, a lesser sentence, or any other consideration if I pleaded guilty instead of going to trial. I have not been induced to plead guilty by any force or coercion. Advise of Rights Form

I understand that, if my guilty plea is accepted and I am adjudged guilty, that adjudication may deprive me of valuable civil rights, such as the right to vote, the right to hold public office, the right to serve on a jury, and the right to possess any kind of firearm, if I currently have or could otherwise attain such rights. If I am not a citizen of the United States, I have had an opportunity to discuss the possible immigration consequences of my plea with my lawyer; I understand that, if I plead guilty, there may be adverse effects on my immigration status, including further detention following completion of my sentence and removal or deportation from the United States. I am pleading guilty because after discussing the case with my lawyer I believe that I am guilty. I am satisfied with how my lawyer has represented me.
I have had a full opportunity to discuss with my lawyer whether there are any meritorious defenses to the count or counts to which I am pleading guilty. I understand that, by pleading guilty, I am giving up the right to assert any such defenses. I have had a full opportunity to discuss with my lawyer whether there is a basis to seek suppression of some or all of the evidence against me on the ground that my constitutional rights were violated. I understand that, by pleading guilty, I am giving up the right to seek suppression of any of the evidence against me, unless the Court, as a condition of my guilty plea, specifically permits me to retain the right to appeal the denial of any suppression motion I have made or joined. I am not under the influence of any substance, such as medication, narcotics or alcohol, that would affect my ability to understand the nature and consequences of my action in pleading guilty. I have read and fully understand the foregoing statement.

Signature of Defendant Dated:

Signature of Interpreter Advise of Rights Form

I, the lawyer for the above-named defendant, have reviewed the foregoing with the defendant, have explained to the defendant the nature of the charges against him or her; his or her constitutional rights; the punishment that could be imposed upon entering a guilty plea; and, if applicable, the possible immigration consequences of his or her guilty plea. The defendant has had a full opportunity to discuss with me whether there are any meritorious defenses to the count or counts to which the defendant is pleading guilty. I have explained to the defendant that, by pleading guilty, he or she is waiving the right to assert any such defense. The defendant has also had a full opportunity to discuss with me whether there is a basis to seek suppression of some or all of the evidence against him or her on the ground that his or her constitutional rights were violated. I have explained to the defendant that, by pleading guilty, he or she is giving up the right to seek suppression of any of the evidence against him or her, unless the Court, as a condition of the guilty plea, specifically permits the defendant to retain the right to appeal the denial of any suppression motion he or she may have made or joined. Dated:

Signature of Lawyer Advise of Rights Form

Advice of Rights (Spanish)

Revisado: _________, 2013 Página 1 de 3

TRADUCCIÓN FORMULARIO DE NOTIFICACIÓN DE DERECHOS Estados Unidos de América c. __________________________ ____ Cr._______ (KMK) He recibido y leído una copia de la acusación formal o acusación de la fiscalía y entiendo la naturaleza de los cargos en mi contra. He tenido la oportunidad de decirle a mi abogado todo lo que sé sobre los asuntos a los que se refiere la acusación formal o la acusación de la fiscalía. Entiendo la naturaleza de los cargos en mi contra, mis derechos constitucionales y la pena que me puede imponer el juez si me declaro culpable, incluso las penas máximas y mínimas de prisión obligatorias, el efecto de cualquier plazo de libertad supervisada que se me pueda imponer, la posibilidad de que se ordene el decomiso de bienes, la posibilidad de que se ordene una indemnización por daños y perjuicios si el delito hubiera causado un perjuicio financiero, y el hecho de que, al imponer la pena, el juez debe considerar las pautas de sentencias aplicables y los demás factores enumerados en el título 18 U.S.C. § 3553(a), y que el juez, en algunas circunstancias, puede no aplicar dichas pautas. Entiendo que tengo el derecho de tener un abogado que me represente durante este procedimiento, y en toda etapa futura de este caso, y que si no puedo contratar un abogado, me será designado un abogado de oficio. Entiendo que si me declaro no culpable (inocente) de cualquier cargo o cargos de la acusación formal o la acusación de la fiscalía: • Se me presumiría inocente de las acusaciones en mi contra con respecto a dicho cargo o cargos de conformidad con la ley. • Tendría derecho a un juicio público y sin demora, ante un jurado imparcial, en el que la carga de la prueba recaería sobre la Fiscalía para demostrar mi culpabilidad más allá de toda duda razonable a satisfacción de los 12 miembros del jurado. • En dicho juicio: (1) tendría derecho a guardar silencio, y no podría inferirse nada en mi contra debido a mi silencio; (2) si yo lo deseara, podría prestar testimonio en mi defensa; (3) por medio de mi abogado, tendría derecho de confrontar a todo testigo que declarase en mi contra y de hacerle repreguntas; y (4) tendría derecho de que se ordenase la comparecencia de testigos para declarar y a la producción de pruebas en mi defensa. Entiendo que, si el juez acepta mi declaración de culpabilidad respecto de cualquier cargo o cargos, habré renunciado a los derechos antes mencionados respecto de dicho cargo o cargos, y que el juez tendrá la misma facultad para imponerme la pena como si un jurado me hubiera declarado culpable respecto de tal cargo o cargos. Tomo la decisión de declararme culpable libre y voluntariamente. No he sido inducido a declararme culpable de ningún cargo por medio de ninguna promesa que se me haya hecho, salvo lo

Página 2 de 3

que figure en algún convenio escrito que haya sido firmado por mí, si lo hubiera, relativo a mi declaración de culpabilidad. Nadie me ha prometido que recibiría clemencia, una pena menor ni alguna otra consideración si me declaro culpable en vez de optar por ir a juicio. No se me ha inducido a declararme culpable por fuerza ni coacción. Entiendo que, si mi declaración de culpabilidad es aceptada y se me declara culpable, esa decisión podría privarme de valiosos derechos civiles, como el derecho de votar, ejercer cargos públicos, prestar servicio como jurado y poseer armas de fuego de cualquier tipo, si es que actualmente tuviese esos derechos o pudiese llegar a adquirirlos. Si no soy ciudadano de los Estados Unidos de América, he tenido oportunidad de consultar con mi abogado con respecto a las posibles consecuencias de inmigración que podrían resultar por mi declaración de culpabilidad. Entiendo que, si me declaro culpable, podría afectarse de manera adversa mi condición de inmigrante, incluyendo la posibilidad de permanecer detenido durante un período adicional una vez cumplida la condena y de que se me expulse o deporte de los Estados Unidos.

Me declaro culpable porque, después de haber consultado el caso con mi abogado, creo que soy culpable. Estoy conforme con la forma en que me ha representado mi abogado.

He tenido plena oportunidad de consultar con mi abogado acerca de todas las defensas de fondo que pudiesen existir respecto del cargo o cargos de los que me declaro culpable. Entiendo que, al declararme culpable, renuncio a todo derecho que pudiera tener para hacer valer ese tipo de defensas.

He tenido plena oportunidad de consultar con mi abogado acerca de si hay algún fundamento para solicitar la exclusión de alguna de las pruebas en mi contra, sobre la base de la violación de alguno de mis derechos constitucionales. Entiendo que, al declararme culpable, renuncio al derecho de pedir que se excluyan pruebas en mi contra, salvo que el juez, como condición de mi declaración de culpabilidad, me permita específicamente conservar el derecho de apelar la resolución denegatoria de alguna petición de exclusión de pruebas que haya sido presentada por mí o a la que me haya adherido. No me encuentro bajo los efectos de ninguna sustancia, como medicamentos, estupefacientes o bebidas alcohólicas, que pudieran afectar mi capacidad para entender la naturaleza y las consecuencias de mi declaración de culpabilidad. He leído y entiendo completamente la declaración anterior.

Firma del Acusado

Firma del Intérprete

Revisado: _________, 2013 Página 3 de 3

Fechado: ____________ Yo, el abogado del acusado nombrado anteriormente, he revisado la anterior declaración con el acusado [la acusada], le he explicado la naturaleza de los cargos en su contra, sus derechos constitucionales, y el castigo que se le puede imponer al declararse culpable y, si procede, las posibles consecuencias adversas de inmigración que podrían resultar por su declaración de culpabilidad. El acusado [la acusada] ha tenido plena oportunidad de consultar conmigo acerca de todas las defensas de fondo que pudiesen existir respecto del cargo o cargos a los que se declara culpable. Le he explicado al acusado [a la acusada] que, al declararse culpable, renuncia a todo derecho que pudiera tener para hacer valer ese tipo de defensas. El acusado [la acusada] también ha tenido plena oportunidad de consultar conmigo acerca de si hay algún fundamento para solicitar la exclusión de algunas o todas las pruebas en su contra, sobre la base de la violación de alguno de sus derechos constitucionales. Le he explicado al acusado [a la acusada] que, al declararse culpable, renuncia al derecho de solicitar que se excluyan pruebas en su contra, salvo que el juez, como condición de su declaración de culpabilidad, le permita específicamente conservar el derecho de apelar la resolución denegatoria de alguna petición de exclusión de pruebas que haya sido presentada por él [ella] o a la que se haya adherido.

Fechado: _______________________

Firma del Abogado

[Translated by PA, SDNY Interpreters, September 2013.]

Civil Case Management and Scheduling Order

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Plaintiff, -V- Defendant. Case No. Civ. (KMK)( ) CASE MANAGEMENT AND
SCHEDULING ORDER KENNETH M. KARAS, District Judge: At the conference before the Court held on _____________________this Case Management Plan and Scheduling Order was adopted in accordance with Rules 16-26(f) of the Federal Rules of Civil Procedure.
1. This case (is) (is not) to be tried to a jury [circle one]. 2. No additional parties may be joined except with leave of the Court. 3. Amended pleadings may not be filed except with leave of the Court. 4. Initial disclosure pursuant to Rule 26(a)(1), Fed. R. Civ. P., will be completed not later than _____________________ [absent exceptional circumstances, within fourteen (14) days of the date of the parties’ conference pursuant to Rule 26(f)]. 5. All fact discovery is to be completed no later than ______________________ [a period not to exceed 120 days unless the Court finds that the case presents unique complexities or other exceptional circumstances]. 6. The parties are to conduct discovery in accordance with the Federal Rules of Civil Procedure and the Local Rules of the Southern District of New York. The following interim deadlines may be extended by the parties on consent without application to the Court, provided the parties meet the fact discovery completion date in paragraph 6 above: a. Initial requests for production of documents to be served by __________.

b. Interrogatories to be served by ___________________. c. Depositions to be completed by __________________. i. Unless the parties agree or the Court so orders, depositions are not to be held 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 shall follow initial party depositions. d. Requests to Admit to be served no later than ___________________. 7. All expert disclosures, including reports, production of underlying documents and depositions are to be completed by: a. Expert(s) of Plaintiff(s) __. b. Expert(s) of Defendant(s) . 8. Motions: All motions and applications shall be governed by the Court’s Individual Practices, including pre-motion conference requirements. Summary Judgment or other dispositive motions are due at the close of discovery. Pursuant to the undersigned’s Individual Practices, the parties shall request a pre-motion conference in writing at least two (2) weeks prior to this deadline. 9. All counsel must meet for at least one hour to discuss settlement not later than two weeks following the close of fact discovery.
10. a. Counsel for the parties have discussed holding a settlement conference before a Magistrate Judge.
b. The parties (request) (do not request) a settlement conference before a United States Magistrate Judge [circle one]. 11. a. Counsel for the parties have discussed the use of the Court’s Mediation Program. b. The parties (request) (do not request) that the case be referred to the Court’s Mediation Program [circle one]. Page 2 of 4

a. Counsel for the parties have discussed the use of a privately-retained mediator. b. The parties (intend) (do not intend) to use a privately-retained mediator [circle one]. 13. The parties shall submit a Joint Pretrial Order prepared in accordance with the undersigned’s Individual Practices and Rule 26(a)(3), Fed.R.Civ.P. If this action is to be tried before a jury, proposed voir dire, jury instructions and a verdict form shall be filed with the Joint Pretrial Order. Counsel are required to meet and confer on jury instructions and verdict form in an effort to make an agreed upon submission. 14. Parties have conferred and their present best estimate of the length of trial is . Page 3 of 4

TO BE COMPLETED BY THE COURT: 15. [Other directions to the parties:] There will be no extensions of the deadline for completion of discovery past the date discovery is scheduled to be completed in this Order without the permission of the Court, nor should counsel assume that any extensions will be granted. Counsel may seek permission for extension of interim discovery deadlines from the magistrate judge to whom the case is referred. Counsel may seek permission for an extension of the deadline for completion of discovery past the date discovery is scheduled to be completed in this Order only after consenting to allowing the magistrate judge to handle the case for all purposes. 16. The next Case Management Conference is scheduled for
. The movant’s pre-motion letter is due ____________________; The non-movant’s response is due _______________________. SO ORDERED. DATED: White Plains, New York

KENNETH M. KARAS UNITED STATES DISTRICT JUDGE Page 4 of 4

Individual Rules of Practice

UNITED STATES DISTRICT COURT UNITED STATES COURTHOUSE 300 QUARROPAS STREET WHITE PLAINS, NY 10601-4150

          CHAMBERS OF 

HON. KENNETH M. KARAS

MEMORANDUM TO ALL LITIGANTS

Re: Individual Rules of Practice Date: April 20, 2026

Unless otherwise ordered, Parties and counsel with matters before Judge Karas shall conduct themselves in accordance with the following practices:

I. COMMUNICATIONS WITH CHAMBERS

A. Letters. Communications with the Court should be by letter. Unless there is a request to file a letter under seal or a letter contains sensitive or confidential information, letters should be filed electronically via ECF. Letters to be filed under seal or containing sensitive or confidential information should be delivered to the Court by mail. Letters solely between Parties or their counsel or otherwise not addressed to the Court may not be filed on ECF or otherwise sent to the Court (except as exhibits to an otherwise properly filed document).

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

C. Requests for Adjournments or Extensions of Time. Absent an emergency, requests for adjournments or extensions of time shall be made at least five business days prior to the scheduled appearance. All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions. (If a request contains sensitive or confidential information, it may be submitted by fax/mail in lieu of being filed electronically.) The letter- motion must state: (1) the original date(s); (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; and (4) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent.

Requests for extension of deadlines regarding discovery or any other aspect of a case that has been referred to a magistrate judge that would result in extension of discovery past the date discovery is scheduled to be completed in the Case Management Order should be addressed to Judge Karas. All other requests for extension of interim deadlines regarding discovery or any other aspect of a case that has been referred to a magistrate judge shall be addressed to such magistrate judge, with a copy being filed on ECF.

D. Contacting Chambers. Questions regarding ECF filings should go to the Clerk’s Office, (914) 390-4000, or to the ECF Hotline, (212) 805-0800. The Court does not handle the

mechanics of filing or have the ability to change things that are already uploaded to the docket.
Do not contact Chambers to confirm that a particular filing was uploaded; the document should be visible on ECF if it was uploaded correctly. For questions that cannot be answered by reference to these Rules or the S.D.N.Y. Local Rules or for situations requiring the Court’s immediate attention, Parties should email Chambers at KarasNYSDChambers@nysd.uscourts.gov.

E. Telephone Calls. Telephone calls to Chambers are not permitted.

F. Faxes. Faxes to Chambers are not permitted.

G. Scheduling and Calendar Matters. For scheduling and calendar matters, contact Ms. Dawn Bordes, Courtroom Deputy Clerk, at KarasNYSDChambers@nysd.uscourts.gov.

II. MOTIONS

A. Pre-motion Conferences in Civil Cases. For discovery motions, follow Local Civil Rule 37.2.

For motions other than discovery motions, a pre-motion conference with the Court is required for making any motion, except motions brought on by Order To Show Cause, motions by incarcerated pro se litigants, motions for admission pro hac vice, motions for reargument, motions for class certification, and motions described in Rule 6(b) of the Federal Rules of Civil Procedure and Rule 4(a)(4)(A) of the Federal Rules of Appellate Procedure.

For motions to dismiss in lieu of an answer in fully counseled cases, the movant must send a pre-motion letter to the nonmovant, copy the Court, and file it on the docket. The letter shall include each specific argument and relevant case law supporting the movant’s position as to why the complaint may fail or partially fail as a matter of law. The filing of such a letter stays the time to answer or move until further order of the Court. Within seven days, the nonmovant shall respond by similar letter, indicating either that they will amend their pleading (with a proposed deadline for filing the amended pleading) or that they do not see a need to amend, citing the relevant case law that supports their position. Should the nonmovant choose not to amend in response to movant’s letter, the Court will then schedule a pre-motion conference to discuss the issues and potentially set a briefing schedule. If a complaint is ultimately dismissed on the grounds set forth in the movant’s initial letter, it may be dismissed with prejudice as the nonmovant already had a chance to research the movant’s arguments and amend as needed.

To arrange a pre-motion conference for all other forms of motions that require them, the moving Party shall submit a letter (consistent with the procedures described above) not to exceed three pages in length (using normal margins and font) setting forth the basis for the anticipated motion. All Parties so served must submit a letter response, not to exceed three pages, within seven days from service of the notification letter.

To arrange a pre-motion conference for motions governed by a Scheduling Order, the moving Party must submit its initial letter two weeks prior to the motion deadline established by the Order. Where a pre-motion conference is not required, motions should be filed when served.

It is essential that all Parties filing or responding to a pre-motion letter contemporaneously file a notice of appearance with the Clerk’s Office (although a Party contesting jurisdiction need only file a limited notice of appearance). This ensures that litigants are notified of any instructions or scheduling orders issued by the Court. Further, the Court expects each litigant to fulfill the duties of S.D.N.Y. ECF Procedure 9 by regularly reviewing the docket sheets of any open case in which she or he has appeared.

B. Memoranda of Law. If filed by an attorney or prepared with a computer, memoranda of law in support of and in opposition to motions are limited to 8,750 words, and reply memoranda are limited to 3,500 words. If filed by a Party who is not represented by an attorney and handwritten or prepared with a typewriter, memoranda of law in support of and in opposition to motions are limited to 25 pages, and reply memoranda are limited to 10 pages. If a brief is filed by an attorney or prepared with a computer, it must include a certification, by the attorney or by the filing Party who is not represented by an attorney, that the document complies with word count limitations. The certification must state the number of words in the document and may rely on the word count of the word-processing program used to prepare the document.
Memoranda of 10 pages or more shall contain a table of contents. All memoranda of law shall be produced in a 12-point font, be double-spaced, and have one-inch margins on all sides. A copy of the complaint shall accompany the moving papers. Sur-reply memoranda will not be accepted without prior permission of the Court. The Parties are to use Westlaw citations, where possible.

C. No Paper Submissions Absent Undue Hardship. No papers, including courtesy hard copies of any filing or document, may be submitted to Chambers unless requested by the Court. All documents must be filed on ECF or, if permitted or required under these Individual Rules and Practices, emailed to KarasNYSDChambers@nysd.uscourts.gov.

D. Rule 56.1 Statements. Except in pro se cases, the moving party shall provide all other parties with an electronic copy of the moving party’s Statement of Material Facts Pursuant to Local Civil Rule 56.1. The opposing party must reproduce each entry in the moving party’s Rule 56.1 Statement its entirety, including the moving party’s record citations, and set out the opposing party’s response directly beneath it. The opposing party’s failure to comply with this rule may result in the Court’s deeming the moving party’s entry at issue admitted.

An opposing party that wishes to provide a Statement of Additional Material Facts Pursuant to Local Civil Rule 56.1 must do so as a separate filing on the docket. The Statement of Additional Material Facts may not be combined with a Rule 56.1 Response Statement as a single document filed on the docket.

E. Oral Argument on Motions. Oral argument will be held where it would assist the Court. A notice of motion shall state that oral argument will be “on a date and at a time

designated by the Court.” The Court will contact the Parties to set the specific date and time for oral argument.

F. Show Cause Hearings. Parties should not insert their own date and time on proposed orders to show cause for motions that require them. Parties should either leave blanks for the Court to fill in or use filler language such as “on a date and at a time designated by the Court.”
As with oral argument, the Court will set the specific date and time for such hearings.

G. Filings Generally. Where possible, Parties should ensure that PDFs uploaded to ECF, such as memoranda, declarations, or exhibits, are text searchable.

H. Exhibits. All exhibits in support of motions should be filed on ECF. Exhibits that cannot be submitted on ECF (e.g., media files) should be provided to the Court on portable electronic storage media (e.g., flash drive, portable hard drive, CD-ROM, DVD-ROM).

If a Party files a deposition transcript on the docket, it must be a full and complete copy of the transcript. No excerpted copies are permitted.

III. CONFERENCES

A. Principal Trial Counsel. The attorney who will serve as principal trial counsel shall 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 within four months of the filing of the Complaint. The Notice of Initial Pretrial Conference will be sent to Plaintiff’s counsel, who will be responsible for distributing copies to all Parties. Prior to the initial case management conference, the Parties must file on the docket a proposed case management and scheduling order. The Parties should use the Civil Case Management and Scheduling Order form available on the Court's website.

C. Conferences and Proceedings.

i.
In Civil Cases. Unless otherwise ordered by the Court, all conferences and proceedings in civil cases, besides trials, will be held by telephone.
The Parties should call into the Court’s dedicated conference line at
(605) 472-5160, and enter Access Code 4653066, followed by the pound (#) key.

ii.
In Criminal Cases. Unless otherwise ordered by the Court, all conferences and proceedings will occur in person.

D. Pro Se Conferences. For conferences involving incarcerated pro se plaintiffs, Defense counsel is responsible for making arrangements with the relevant correctional facility to ensure that the plaintiff will be reachable via telephone at the time of the conference.

IV. DEFAULT JUDGMENTS

A Party who wishes to obtain a default judgment must proceed by way of an Order To Show Cause. Consult the separate Individual Rules of Practice for Default Judgment Proceedings before Judge Karas, available on the Court’s website.

V. PRETRIAL PROCEDURES

A. Joint Pretrial Orders (Civil Cases Only). At a time to be set by the Court, the Parties shall submit to the Court for its approval a Joint Pretrial Order that includes the information required by Federal Rule of Civil Procedure 26(a)(3), and the following:

i.
The full caption of the action;

ii.
The names, addresses (including firm names), and telephone, fax numbers, and email addresses of trial counsel;

iii.
A brief statement by Plaintiff as to the basis of subject-matter jurisdiction, and a brief statement by each other Party as to the presence or absence of subject-matter jurisdiction. Such statements shall include citations to all authority relied on and relevant facts as to citizenship and jurisdictional amount;

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

v.
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;

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

vii.
Any stipulations of fact or law that have been agreed to by the Parties;

viii.
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;

ix.
A designation by each Party of deposition testimony to be offered in its case in chief, with any cross-designations and objections by any other Party;

x.
A list by each Party of exhibits to be offered in its case in chief, with one star indicating exhibits to which no Party objects on grounds of authenticity, and two stars indicating exhibits to which no Party objects on any ground; and

xi.
A statement whether the Parties consent to less than a unanimous verdict.

B. Pretrial Filings in Civil Cases. Along with the Joint Pretrial Order, each Party shall file:

i.
In jury cases, proposed voir dire questions, verdict form, and requests to charge;

ii.
In non-jury cases, proposed findings of fact and conclusions of law.
Proposed findings of fact should be detailed;

iii.
In all cases, motions addressing any evidentiary or other issues which should be resolved in limine; and

iv.
Where such Party believes it would be useful, a pretrial memorandum.

C. Filings in Opposition. Any Party may file the following documents within one week of the filing of the pretrial order, but in no event fewer than two days before the scheduled trial:

i.
Objections to another Party’s requests to charge or proposed voir dire questions;

ii.
Opposition to any motion in limine; and

iii.
Opposition to any legal argument in a pretrial memorandum.

VI. BANKRUPTCY APPEALS

Briefs must be submitted in accordance with Federal Rule of Bankruptcy Procedure 8018. Counsel may extend these dates by stipulation submitted to the Court no later than two business days before the brief is due.

VII. CRIMINAL CASES

A. Criminal Cases—Initial Matters. Upon assignment of a criminal case to Judge Karas, the Parties immediately shall arrange with the Deputy Clerk for 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 of the indictment and the criminal complaint, if one exists, to Chambers as soon as practicable.

B. Criminal Cases—Guilty Pleas. Unless there are scheduling conflicts, Judge Karas will take guilty pleas, as guilty pleas are not assigned to Magistrate Judges by standing order.
The Assistant United States Attorney shall provide a courtesy copy of the plea agreement to Chambers as soon as practicable.

C. Criminal Cases—Sentencing. Consult the separate Individual Rules of Practice for Sentencing Proceedings before Judge Karas, available on the Court’s website.

VIII. FAIR LABOR STANDARDS ACT SETTLEMENTS

Where there is a settlement in any case containing a claim under the Fair Labor Standards Act (“FLSA”), the Parties must obtain the Court’s approval. See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). This includes settlements where the FLSA claim is dismissed on consent.

Accordingly, Parties seeking to settle a case involving an FLSA claim must submit their proposed settlement, along with any memoranda or declarations, to the Court for approval. All proposed settlement agreements and accompanying documents to the Court must be filed via ECF unless prior permission is given to file documents under seal.

Parties are encouraged to familiarize themselves with the relevant case law regarding the type of factors courts typically consider when evaluating FLSA settlements. See, e.g., Lopez v. Nights of Cabiria, LLC, 96 F. Supp. 3d 170 (S.D.N.Y. 2015); Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332 (S.D.N.Y. 2012). Parties should pay particular attention to the breadth of the release, the inclusion of confidentiality and non-disparagement provisions, and the reasonableness of the requested attorney’s fees.

IX. SEALED FILINGS

Any Party wishing to file any document under seal must generally comply with the sealed filing instructions in the ECF Rules and Instructions. The Court will not file any documents not submitted in compliance with these rules. Parties may choose to use either the electronic filing method or traditional filing method, both of which are described below.

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.

A. Electronic Filing Under Seal in Civil and Miscellaneous Cases

i. 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.

ii. 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), may be filed electronically through the court’s ECF system in conformity with the court’s standing order, 19-mc-00583, and ECF Rules & Instructions, section 6.

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.

When using the electronic method, 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 proposed redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.

B. Traditional Filing Under Seal in Civil and Miscellaneous Cases

i. 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.

ii. Sealing/Redactions Requiring Court Approval. Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases must be filed electronically through the court’s ECF system.

The motion to seal 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.

Where the motion to seal seeks permission to redact information from a document, the filing party shall contemporaneously file the redacted document in public view in the ECF system.

When using the traditional method, the proposed sealed/redacted document, a copy of the motion to seal, and any supporting papers must be contemporaneously submitted to the Court in paper form, by hand delivery or mail. Digital copies of these documents must also be emailed to Chambers (outside the ECF system) at KarasNYSDChambers@nysd.uscourts.gov. Any proposed redactions must be highlighted.

If the application is granted, the unredacted document must be filed under seal in the traditional manner, on paper, in conformity with the sealed records filing procedures available at https://nysd.uscourts.gov/programs/records/sealed.

X.
ELECTRONIC DEVICES OF THE PARTIES

Any Party wishing to bring certain electronic devices (e.g., laptops, tablets, etc.) to Court must obtain prior permission by submitting the Fillable Form for Electronic Devices General Purpose, found on the S.D.N.Y. website, via email to KarasNYSDChambers@nysd.uscourts.gov at least three days before any scheduled appearance.

XI.
PRO SE PARTIES

Pro se parties may not contact the Court to obtain legal advice, inquire about when a decision on a case will be rendered, or to speak to the Judge. Questions about how to proceed with a case should be directed to the Court’s pro se office at (212) 805-0175. The Court does not accept collect calls.

Individual Rules of Practice for Sentencing

UNITED STATES DISTRICT COURT UNITED STATES COURTHOUSE 300 QUARROPAS STREET WHITE PLAINS, NY 10601-4150

          CHAMBERS OF 

HON. KENNETH M. KARAS

MEMORANDUM TO ALL LITIGANTS

Re: Individual Rules of Practice for Sentencing Proceedings Date: April 8, 2025

Except for submissions to be filed under seal or in redacted form, every document in a sentencing submission, including letters, must be filed on ECF. Letters should be grouped and filed together as attachments to a single document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated. The defendant is responsible for filing all letters submitted on behalf of the defendant, including those from friends and relatives. The Government is responsible for filing all letters from victims.

The parties are referred to E-Government Act of 2002 and the Southern District’s ECF Privacy Policy (“Privacy Policy”) and reminded not, unless necessary, to include the five categories of “sensitive information” in their submissions (i.e., social security numbers, names of minor children [use the initials only], dates of birth [use the year only], financial account numbers, and home addresses [use only the City and State]). Parties may redact the five categories of “sensitive information” and the six categories of information requiring caution (i.e., personal identifying number, medical records, treatment and diagnosis, employment history, individual financial information, proprietary or trade secret information, and information regarding an individual’s cooperation with the government) as described in the Privacy Policy, without application to the Court. If any material is redacted from the publicly filed document, only those pages containing the redacted material will be filed under seal. Bring a copy of those pages to the sentencing proceeding, marked to indicate what information has been redacted from the publicly filed materials, to give to the Court for filing under seal.

The defendant’s sentencing submission must be served two weeks in advance of the date set for sentence. Failure to follow this schedule may result in the adjournment of the sentence, or other appropriate remedies. If counsel has not received the Pre-Sentence Report in time to meet this deadline, counsel is to promptly notify the Court in writing. The Government’s sentencing submission must be served one week in advance of the date set for sentence. The parties should not provide the Court with any courtesy copies of their sentencing submissions.

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

If you have any questions about these practices, contact the Courtroom Deputy Clerk, Ms. Dawn Bordes, at KarasNYSDChambers@nysd.uscourts.gov.

Procedures for Default Judgment

UNITED STATES DISTRICT COURT UNITED STATES COURTHOUSE 300 QUARROPAS STREET, CHAMBERS 533 WHITE PLAINS, NY 10601-4150

          CHAMBERS OF 

HON. KENNETH M. KARAS

MEMORANDUM TO ALL LITIGANTS

Re: Individual Rules of Practice for Default Judgment Proceedings Date: August 14, 2019

Prepare an Order To Show Cause for Default Judgment (the “Order”) and make the Order returnable before Judge Karas in Courtroom 521 of the United States Courthouse, White Plains, New York. Leave blank the date and time of the conference, which Judge Karas will set when he signs the Order.

Attach the following papers to the Order:

a. a proposed default judgment;

b.
statement of damages;

c. 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 liability and/or damages prior to resolution of the entire action;

(iii) the proposed damages and the basis for each element of damages including interest, attorney’s fees, and costs; and

(iv) legal authority for why an inquest would be unnecessary;

d. copies of all of the pleadings;

e. a copy of the affidavit of service of the original summons and complaint;

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

File the Order (with all attachments) electronically on ECF. The Clerk’s Office will review and approve the Order for form.

After the Clerk approves the Order, the Clerk will send the papers to Chambers.

After Judge Karas signs the Order, the Court will provide you with a conformed copy to serve on the defendant.

Prior to the return date, file the affidavit of service on the defendant of a conformed copy of the Order. The affidavit must be filed electronically on ECF.

View source on SDNY.uscourts.gov →