Judge Andrew E. Krause — United States District Court, Southern District of New York

Individual Practices

May 21, 2025

INDIVIDUAL PRACTICES OF MAGISTRATE JUDGE ANDREW E. KRAUSE

Civil cases come before magistrate judges in one of two ways: for one or more specific purposes pursuant to an order of reference by the assigned district judge, or, on consent of the parties, for all purposes pursuant to 28 U.S.C. § 636(c). When a district judge approves an all- purposes consent form signed by counsel and/or pro se parties, the magistrate judge assumes the role of the district judge and may conduct all proceedings. The right to a jury trial is preserved, and any appeal is directly to the Court of Appeals.

It is the uniform practice of the magistrate judges in the Southern District of New York to schedule trials in civil consent cases for firm dates, rather than requiring counsel to be available for trial on short notice. Additionally, because magistrate judges rarely try criminal cases, such firm trial dates are unlikely to be changed to accommodate criminal trials. Should the parties wish to consent to have Judge Krause hear their case for all purposes, the necessary form is available at https://nysd.uscourts.gov/hon-andrew-e-krause.

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

Nothing in Judge Krause’s Individual Practices supersedes a specific time period for filing a motion specified by statute or Federal Rule where failure to comply with the specified time period could result in forfeiture of a substantive right.

Communications with Chambers

A. Letters. Except as otherwise provided below, communications with the Court must be by letter and filed on ECF, without e-mail or other copy to the Court.
Letters may not exceed five pages, exclusive of exhibits, which should be kept to a minimum. Any letter containing sensitive or confidential information that a party does not wish to appear on the docket must follow the procedures outlined in Section 5, below. Copies of correspondence between counsel or parties must not be filed or sent to the Court, except as exhibits to an otherwise properly filed document.

1 Requests for reasonable accommodations on account of disability with respect to these rules may be sent by e-mail to KrauseNYSDChambers@nysd.uscourts.gov.

B. Telephone Calls. For situations requiring immediate attention from the Court, parties should call Chambers directly; in such situations, parties should email the Court at KrauseNYSDChambers@nysd.uscourts.gov to request contact information. For docketing, scheduling, and calendaring matters, parties may contact the Courtroom Deputy, Salihah Brown between 9:00 a.m. and 5:00 p.m.

C. Faxes. Faxes to Chambers are not permitted.

D. E-mails. E-mails to Chambers are not permitted without prior approval. If approval is granted, any e-mailed submissions must be simultaneously sent to other counsel and/or pro se parties. The Court’s e-mail address is KrauseNYSDChambers@nysd.uscourts.gov.

E. Requests for Adjournments or Extensions of Time. Any request for an adjournment of a court proceeding or for an extension of time for a deadline must be made in writing and filed on ECF as a letter motion, after consultation with all affected parties. The letter motion must state: (1) the original date of the proceeding or deadline; (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) the reason for the present request; (5) whether all affected parties consent, and if not, the reasons given by the party or parties for refusing to consent. If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order must be attached. Absent an emergency, a request for adjournment of a court proceeding must be made at least 48 hours in advance of the proceeding to be adjourned, and must include at least two proposed dates on which all counsel are available for the adjourned proceeding.

F. Pro Se Parties. All letters, motions, memoranda, and other communications to the Court from pro se parties that are not filed electronically must be submitted to the Pro Se Intake Unit, not directly to Chambers.

Non-incarcerated pro se parties who have an e-mail address and wish to receive case-related documents (including court orders) quickly, automatically, and electronically, may consent to electronic service by filing a Pro Se (Nonprisoner) Consent & Registration Form to Receive Documents Electronically, available from the Pro Se Intake Unit or at http://nysd.uscourts.gov/node/845.

Non-incarcerated pro se parties who have an e-mail address and wish to receive, serve, and file case-related documents electronically may request permission to do so by filing a Motion for Permission for Electronic Case Filing, available from the Pro Se Intake Unit or at http://nysd.uscourts.gov/node/844.

Discovery Matters

A. Raising Discovery Disputes. For discovery motions, follow Local Civil Rule 37.2, which requires the moving party to request an informal conference with the Court before the filing of any such motion. Strict adherence to Rule 37(a)(1) of the Federal Rules of Civil Procedure is required. The parties should be prepared to describe the time, place, and duration of their efforts to resolve the dispute.
The parties must also carefully review and comply with the specific requirements set forth in the Court’s discovery orders in their specific cases.

Junior attorneys are invited to argue discovery-related motions that they have helped to prepare. Firms are encouraged to provide this opportunity to junior attorneys for training purposes. The Court is amenable to permitting more than one lawyer to argue for one party if this creates an opportunity for a junior lawyer to participate. The ultimate decision of who speaks on behalf of the client is for the lawyer in charge of the case, not for the Court.

B. Confidentiality Stipulations and Protective Orders. In cases where confidential information will be exchanged, the parties must use Judge Krause’s model Confidentiality Stipulation and Proposed Protective Order. The parties may apply for a protective order that differs from the model by submitting a letter via ECF and attaching the proposed order, showing in a blackline comparison of how the proposed order differs from the Court’s model. The letter must explain why the modifications are needed and note any disagreements between the parties regarding the modifications from the Court’s model.

Motions

A. Pre-Motion Conferences. For motions other than discovery motions, a pre- motion conference is not required. A party may request a pre-motion conference by letter motion where counsel believes that an informal conference with the Court may obviate the need for the motion or limit the scope of issues in dispute.

B. Briefing Schedule on Formal (Non-Discovery) Motions. Unless the Court has ordered otherwise, opposition and reply papers for formal (non-discovery) motions are due in accordance with Local Civil Rule 6.1. The parties are strongly encouraged to agree on a reasonable briefing schedule before the moving papers are filed. If the parties have agreed to such a schedule, they must request the Court’s approval of their proposed schedule by letter motion.

C. Memoranda of Law. Unless prior permission has been granted, briefs, filed by an attorney or prepared with a computer, 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. If filed by a party who is not represented by an attorney and handwritten or prepared with a typewriter, briefs in support of and in response to a motion may not exceed 25 pages, and reply briefs may not exceed

10 pages. These limits do not include the caption, any index, table of contents, table of authorities, signature blocks, or any required certificates, but do include material contained in footnotes or endnotes. If a brief is filed by an attorney or prepared with a computer, it must include a certificate by the attorney, or party who is not represented by an attorney, that the document complies with the word count limitations. The person preparing the certificate may rely on the word count of the word-processing program used to prepare the document. The certificate must state the number of words in the document. See Local Civil Rule 7.1(c). The typeface, margins, and spacing of motion papers must conform to Local Civil Rule 7.1(b).

D. Courtesy Copies. Paper courtesy copies of all formal (non-discovery) motion papers, marked as such, must be submitted to Chambers promptly after filing. For those parties permitted to file documents on ECF, courtesy copies must bear the ECF header generated at the time of electronic filing and include protruding tabs for any exhibits.

For discovery-related motions, the filing party must promptly provide a paper courtesy copy to Chambers of any filing, including exhibits, that is 50 pages long or longer.

E. Filing of Motion Papers. Motion papers must be filed promptly after service unless the Court orders otherwise.

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

G. Motions in Pro Se Cases. As required by Local Civil Rule 7.2, counsel must provide a pro se litigant with printed copies of cases and other authorities cited in any submission that are unpublished or reported exclusively on computerized databases. Where a party moves for summary judgment against a pro se litigant, the party must also comply with the notice requirements of Local Civil Rule 56.2.
Where a party moves to dismiss or for judgment on the pleadings against a pro se litigant and refers to matters outside the pleadings, the party must comply with the notice requirements of Local Civil Rule 12.1.

Settlement Conferences

For cases referred to Judge Krause for settlement conferences, the Court will issue specific instructions for pre-conference submissions in a separate order.

Electronic Filing Under Seal

A. Sealing/Redactions Not Requiring Court Approval. Rule 5.2 of the Federal Rules of Civil Procedure describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court. Parties also should consult Rules 21.3 and 21.4 of the ECF Rules & Instructions.

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 ECF system in conformity with the Court’s standing order, 19-mc-583, and Section 6 of the ECF Rules & Instructions.

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 must: (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.

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.

Unredacted courtesy copies of all documents to be filed under seal must be sent to Chambers at the time the motion is filed.

Pretrial Procedures

A. Applicability. The procedures set forth in this section apply only to cases in which the parties have consented pursuant to 28 U.S.C. § 636(c) to have all proceedings, including trial, occur before Judge Krause.

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

The full caption of the action.

The names, addresses, telephone numbers (both office and mobile), and
e-mail addresses of each principal member of the trial team.

A brief statement by plaintiff (or, in a removed case, by defendant) 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 must include citations to all statutes relied on and relevant facts pertaining to citizenship and jurisdictional amount.

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

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

A statement by each party as to whether the case is to be tried with or without a jury, and the anticipated number of trial days needed. If there is to be a jury trial, the parties must indicate whether they agree to a
non-unanimous verdict pursuant to Rule 48 of the Federal Rules of Civil Procedure.

Any stipulations or agreed to statements of fact or law.

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, and briefly stating the topic(s) as to which the witness will testify. If any party anticipates any issue with the availability of a witness, that issue must be identified. Absent extraordinary circumstances, a party may not call as a witness in its case in chief any person not listed in the Joint Pretrial Order.

A designation by each party of deposition testimony to be offered in that party’s case in chief, referencing page and line numbers, with any cross‐ designations and objections by any other party. For each designation as to which there is an objection, the party objecting must briefly specify the nature of the objection (e.g., “hearsay,” “Rule 403”). Any objection or cross‐designation not listed shall be deemed waived.

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

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

C. Filings Prior to Trial. Unless otherwise ordered by the Court, the following must be filed at the same time as the proposed Joint Pretrial Order:

In jury cases, parties must jointly prepare and file three separate documents: (a) proposed requests to charge; (b) proposed voir dire questions to be asked of prospective jurors; and (c) a proposed verdict form. To the extent a party objects to another party’s requests to charge, voir dire questions, or verdict form, the joint submission must include the objecting party’s ground(s) for objection and proposed alternative (all in the same document so that the Court can compare the parties’ respective proposals). All requests to charge, objections, and alternatives must include citations to controlling authority. The proposed voir dire questions must include a short summary of the case—no more than two or three sentences—to be read to prospective jurors during the jury selection process. In addition to filing these three joint submissions on ECF, the parties must send copies in Microsoft Word format to the Court via e- mail to KrauseNYSDChambers@nysd.uscourts.gov.

In non-jury cases, parties must file proposed findings of fact and conclusions of law. In addition to filing this submission on ECF, the parties must send copies in Microsoft Word format to the Court via e- mail to KrauseNYSDChambers@nysd.uscourts.gov.

In all cases, any motions addressing evidentiary or other issues which should be resolved in limine also must be filed at the same time as the proposed Joint Pretrial Order. Responses to any motions in limine must be filed within 14 days. There shall be no replies for motions in limine.

Each party also must provide each other party and the Court with a tabbed binder or binders containing courtesy copies of its trial exhibits and deposition designations (exhibits need not be filed electronically on ECF).

If a party believes it would be useful, that party may file a pretrial memorandum of law that does not duplicate the issues addressed in any of the other pretrial submissions; pretrial memoranda are limited to 25 pages.

Inclement Weather or Other Emergency

White Plains Courthouse delays or closures are announced by 6:00 am. Call (914) 390- 4220 to hear a recorded message. In the event of severe weather conditions when the Courthouse is open, counsel with scheduled appearances should call Chambers to confirm that Judge Krause is holding court.

Model Confidentiality and Protective Order

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

__ Civ. _____ (___) (AEK)

CONFIDENTIALITY STIPULATION AND PROPOSED PROTECTIVE ORDER

WHEREAS, the parties having agreed to the following terms of confidentiality, and the Court having found that good cause exists for the issuance of an appropriately tailored confidentiality order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, it is hereby

ORDERED that the following restrictions and procedures shall apply to the information and documents exchanged by the parties in connection with the pre-trial phase of this action:

Counsel for any party may designate any document or information, in whole or in part, as confidential if counsel determines, in good faith, that such designation is necessary to protect the interests of the client in information that is proprietary, a trade secret, or otherwise sensitive non-public information (“Confidential Information”). Information and documents designated by a party as confidential will be stamped “CONFIDENTIAL.”

The Confidential Information disclosed will be held and used by the person receiving such information solely for use in connection with the action.

In the event a party challenges another party’s designation of confidentiality, counsel shall make a good faith effort to resolve the dispute, and in the absence of a resolution, the challenging party may seek resolution by the Court. Nothing in this Protective Order constitutes an admission by any party that Confidential Information disclosed in this case is relevant or admissible. Each party reserves the right to object to the use or admissibility of the Confidential Information.

Documents designated as “CONFIDENTIAL” shall not be disclosed to any person, except:

a. The requesting party and counsel, including in-house counsel;

b. Employees of such counsel assigned to and necessary to assist in the litigation;

[PLAINTIFF],

Plaintiff(s),

• against -

[DEFENDANT].

Defendant(s).

c. Consultants or experts assisting in the prosecution or defense of the matter, to the extent deemed necessary by counsel; and

d. The Court (including the mediator, or other person having access to any Confidential Information by virtue of his or her position with the Court).

The parties should meet and confer if any production requires a designation of “For Attorneys’ or Experts’ Eyes Only.”

Prior to disclosing or displaying the Confidential Information to any person, counsel must:

a. Inform the person of the confidential nature of the information or documents;

b. Inform the person that this Court has enjoined the use of the information or documents by him/her for any purpose other than this litigation and has enjoined the disclosure of the information or documents to any other person; and

c. Require each such person to sign an agreement to be bound by this Order in the form attached as Exhibit A.

The disclosure of a document or information without designating it as “CONFIDENTIAL” shall not constitute a waiver of the right to designate such document or information as Confidential Information. If so designated, the document or information shall thereafter be treated as Confidential Information subject to all the terms of this Stipulation and Order.

Any Personally Identifying Information (“PII”) (e.g., social security numbers, financial account numbers, passwords, and information that may be used for identity theft) exchanged in discovery shall be maintained by the receiving party in a manner that is secure.

Pursuant to Federal Rule of Evidence 502, the production of privileged or work product protected documents or communications, electronically stored information (“ESI”) or information, whether inadvertent or otherwise, shall not constitute a waiver of the privilege or protection from discovery in this case or in any other federal or state proceeding. This Order shall be interpreted to provide the maximum protection allowed by Federal Rule of Evidence 502(d). Nothing contained herein is intended to or shall serve to limit a party’s right to conduct a review of documents, ESI or information (including metadata) for relevance, responsiveness and/or segregation of privileged and/or protected information before production.

Notwithstanding the designation of information as “CONFIDENTIAL” in discovery, there is no presumption that such information shall be filed with the Court under seal.
The parties shall follow the Court’s procedures for requests for filing under seal.

At the conclusion of litigation, Confidential Information and any copies thereof shall be promptly (and in no event later than 30 days after entry of final judgment no longer subject to further appeal) returned to the producing party or certified as destroyed, except that the parties’ counsel shall be permitted to retain their working files on the condition that those files will remain protected.

Nothing herein shall preclude the parties from disclosing material designated to be Confidential Information if otherwise required by law or pursuant to a valid subpoena.

SO STIPULATED AND AGREED.

Dated: _________, 20

White Plains, New York

Counsel for Plaintiff(s)

Counsel for Defendant(s)

SO ORDERED.

ANDREW E. KRAUSE

United States Magistrate Judge

EXHIBIT A

Agreement

I have been informed by counsel that certain documents or information to be disclosed to me in connection with the matter entitled __________________ have been designated as confidential. I have been informed that any such documents or information labeled “CONFIDENTIAL” are confidential by Order of the Court. I hereby agree that I will not disclose any information contained in such documents to any other person. I further agree not to use any such information for any purpose other than this litigation. Dated: _______________, 20

Name (printed)

Signature

Signed in the presence of:

(Attorney)

Consent to Proceed Before US Magistrate Judge

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

Sample Remote Deposition Protocol

Magistrate Judge Krause Sample Remote Deposition Protocol November 17, 2020

SAMPLE PROTOCOL FOR REMOTE DEPOSITIONS

Conducting in-person depositions is not always feasible, particularly under circumstances requiring social distancing. In such instances, the parties may need to or will choose to conduct depositions remotely. This form is an example of a stipulated order the parties can use in connection with arranging for and conducting remote depositions. In this example, the parties agree to use video conferencing through a third-party provider. The form can also be adapted for use in connection with depositions conducted by telephone, and for use without the services of a third-party provider. The parties are of course permitted to agree on whatever terms they see fit, consistent with the Federal Rules of Civil Procedure and the Local Rules of the United States District Courts for the Southern and Eastern Districts of New York. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------x _____________,

Plaintiff(s),

Case No. __ Civ. _____ ( ) ( )

-against-

______________,

Defendant(s).

-------------------------------------------------------------x

STIPULATION AND [PROPOSED] ORDER CONCERNING
PROTOCOL FOR CONDUCTING REMOTE DEPOSITIONS

The Plaintiff(s) and Defendant(s) (collectively, the “Parties”) jointly stipulate to the following protocol for conducting depositions via remote means in the above-captioned matter: 1. All depositions shall be conducted remotely using videoconference technology, and each deponent shall be video-recorded.

Magistrate Judge Krause Sample Remote Deposition Protocol November 17, 2020

The Parties agree to use [SERVICE PROVIDER] for court reporting, videoconference and remote deposition services. The Parties agree that a [SERVICE PROVIDER] employee may attend each remote deposition to video record the deposition, troubleshoot any technological issues that may arise, and administer the virtual breakout rooms. 3. The Parties agree that these video-recorded remote depositions may be used at a trial or hearing to the same extent that an in-person deposition may be used at trial or hearing, and the Parties agree not to object to the use of these video recordings on the basis that the deposition was taken remotely. The Parties reserve all other objections to the use of any deposition testimony at trial. 4. The deponent, court reporter, and counsel for the Parties will each participate in the videoconference deposition remotely and separately. Each person attending a deposition shall be visible to all other participants, their statements shall be audible to all participants, and they should each strive to ensure their environment is free from noise and distractions. 5. Consistent with Local Civil Rule 30.4 of the Local Rules of the United States District Courts for the Southern and Eastern Districts of New York, no counsel shall initiate a private conference, including through text message, electronic mail, or the chat feature in the videoconferencing system, with any deponent while a question is pending, except for the purpose of determining whether a privilege should be asserted. 6. During breaks in the deposition, the Parties may use the breakout room feature provided by [SERVICE PROVIDER], which simulates a live breakout room through videoconference. Conversations in the breakout rooms shall not be recorded. The breakout

Magistrate Judge Krause Sample Remote Deposition Protocol November 17, 2020

rooms shall be established by [SERVICE PROVIDER] prior to the deposition and controlled by [SERVICE PROVIDER]. 7. Remote depositions shall be recorded by stenographic means consistent with the requirements of Rule 30(b)(3) of the Federal Rules of Civil Procedure, but given the COVID- 19 pandemic, the court reporter will not be physically present with the witness whose deposition is being taken. The Parties agree not to challenge the validity of any oath administered by the court reporter, even if the court reporter is not a notary public in the state where the deponent resides. 8. The court reporter will stenographically record the testimony, and the court reporter's transcript shall constitute the official record. [SERVICE PROVIDER] will simultaneously videotape the deposition and preserve the video recording. The court reporter may be given a copy of the video recording and may review the video recording to improve the accuracy of any written transcript. 9. The Parties agree that the court reporter is an “Officer” as defined by Rule 28(a)(2) of the Federal Rules of Civil Procedure and shall be permitted to administer the oath to the witness via the videoconference. The deponent will be required to provide government- issued identification satisfactory to the court reporter, and this identification must be legible on the video record. 10. The Party that noticed the deposition shall be responsible for procuring a written transcript of the remote deposition. The Parties shall bear their own costs in obtaining a transcript and/or video record of the deposition. 11. The Party that noticed the deposition shall provide [SERVICE PROVIDER] with a copy of this Stipulation and Order at least 24 hours in advance of the deposition.

Magistrate Judge Krause Sample Remote Deposition Protocol November 17, 2020

At the beginning of each deposition, consistent with Rule 30(b)(5)(A) of the Federal Rules of Civil Procedure, the [SERVICE PROVIDER] employee responsible for video- recording the deposition shall begin the deposition with an on-the-record statement that includes: (i) the officer’s name and business address; (ii) the date, time, and place of the deposition; (iii) the deponent’s name; (iv) the officer’s administration of the oath or affirmation to the deponent; and (v) the identity of all persons present. 13. [IF APPLICABLE: At the beginning of each segment of the deposition, consistent with Rule 30(b)(5)(B) of the Federal Rules of Civil Procedure, the [SERVICE PROVIDER] employee responsible for video-recording the deposition shall begin that segment of the remote deposition by reciting (i) the officer’s name and business address; (ii) the date, time, and place of the deposition; and (iii) the deponent’s name.] 14. The Parties agree to work collaboratively and in good faith with [SERVICE PROVIDER] to assess each deponent’s technological abilities and to troubleshoot any issues at least 48 hours in advance of the deposition so any adjustments can be made. The Parties also agree to work collaboratively to address and troubleshoot technological issues that arise during a deposition and make such provisions as are reasonable under the circumstances to address such issues. This provision shall not be interpreted to compel any Party to proceed with a deposition where the deponent cannot hear or understand the other participants or where the participants cannot hear or understand the deponent. 15. Every deponent shall endeavor to have technology sufficient to appear for a videotaped deposition (e.g., a webcam and computer or telephone audio), and bandwidth sufficient to sustain the remote deposition. Counsel for each deponent shall consult with the deponent prior to the deposition to ensure the deponent has the required technology. If not,

Magistrate Judge Krause Sample Remote Deposition Protocol November 17, 2020

counsel for the deponent shall endeavor to supply the required technology to the deponent prior to the deposition. In the case of third-party witnesses, counsel noticing the deposition shall supply any necessary technology that the deponent does not have. 16. The Parties agree that this Stipulation and Order applies to remote depositions of non-parties under Rule 45 of the Federal Rules of Civil Procedure, and shall work in a collaborative manner in attempting to schedule remote depositions of non-parties. The Party noticing any non-party deposition shall provide this Stipulation and Order to counsel for any non-party under Rule 45 a reasonable time before the date of the deposition. 17. The Parties agree that any of the following methods for administering exhibits may be employed during a remote deposition, or a combination of one or more methods: (i) Counsel noticing the deposition may choose to send physical copies of documents that may be used during the deposition to the deponent, the deponent’s counsel, the other Party’s counsel, and the court reporter. In that event, noticing counsel shall so inform the deponent's counsel, the other Party’s counsel, and the court reporter prior to sending the documents and shall provide tracking information for the package. Such documents shall be delivered by 12:00 p.m. ET the business day before the deposition. Counsel for the deponent, the other Party’s counsel, and the court reporter shall confirm receipt of the package by electronic mail to counsel noticing the deposition. If physical copies are sent, every recipient of a physical package shall keep the package sealed until the deposition begins and shall only unseal the package on the record, on video, and during the deposition when directed to do so by the counsel taking the deposition. This same procedure shall apply to any physical copies of documents any other counsel intends to use for examining the witness.

Magistrate Judge Krause Sample Remote Deposition Protocol November 17, 2020

(ii) Counsel noticing the deposition may choose to send a compressed .zip file of the documents that may be used during the deposition via electronic mail to the deponent, the deponent’s counsel, the other Party’s counsel, and the court reporter. The .zip file shall be delivered by 12:00 p.m. ET the business day before the deposition. Counsel for the deponent, the other Party’s counsel, and the court reporter shall confirm receipt of the .zip file by electronic mail to counsel noticing the deposition. The .zip file shall be password protected, and counsel taking the deposition shall supply the password via electronic mail immediately prior to the commencement of the deposition. Every recipient of a .zip file shall not open the .zip file until the deposition begins and when directed to do so by the counsel taking the deposition. If sending documents by electronic mail, counsel will be mindful of file size limitations, which presumptively should be less than 50 MB. (iii) Counsel may introduce exhibits electronically during the deposition, by using the [SERVICE PROVIDER] document-sharing technology, by using the screen­sharing technology within the videoconferencing platform, or by sending the exhibit to the deponent and all individuals on the record via electronic mail. 18. All deponents receiving documents before or during a deposition, pursuant to Paragraph 17 above, shall return the documents to the counsel who sent them originally, within two business days following the completion of the deposition, and shall not retain them in any manner. Counsel noticing the deposition shall include a pre-paid return shipping label in any physical package of documents sent to a deponent. 19. Counsel for the Parties may keep any document or exhibit used during the deposition [IF APPLICABLE: consistent with the Stipulated Protective Order entered in this

Magistrate Judge Krause Sample Remote Deposition Protocol November 17, 2020

case]. Counsel for the Parties shall return any documents not used during the deposition to the counsel who sent them originally, within two business days following the completion of the deposition, and shall not retain them in any manner. 20. [IF APPLICABLE: Counsel noticing the deposition shall provide any counsel for third-party witnesses with a copy of the Parties' Stipulated Protective Order.] Counsel for third-party witnesses may keep any document used during the deposition [IF APPLICABLE: in accordance with the Stipulated Protective Order], and shall return any documents not used during the deposition to the counsel who sent them originally, within two business days following the completion of the deposition, and shall not retain them in any manner.

STIPULATED TO:

[ATTORNEY SIGNATURE BLOCKS]

Dated: ______________, _____

White Plains, New York

SO ORDERED.

ANDREW E. KRAUSE

United States Magistrate Judge

Civil Case Discovery Plan and Scheduling Order

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------x

Plaintiff(s), CIVIL CASE DISCOVERY PLAN

AND SCHEDULING ORDER

v.

Civ. ______ (AEK)

Defendant(s). -------------------------------------------------------------x

This Civil Case Discovery Plan and Scheduling Order is adopted, after consultation with counsel and any unrepresented parties, pursuant to Rules 16 and 26(f) of the Federal Rules of Civil Procedure:

This case [is] [is not] to be tried to a jury (circle one).

The parties may amend the pleadings or join additional parties before ____________.

Initial disclosures pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure must be completed by _______________.

Fact Discovery

The parties will conduct discovery in accordance with the Federal Rules of Civil Procedure, the Local Rules of the Southern District of New York, and Judge Krause’s Individual Practices. The interim deadlines in paragraphs 4(b) through 4(e) may be extended by the parties on consent without application to the Court, provided the parties meet the fact discovery completion date in paragraph 4(a).

a. All fact discovery must be completed by _______________.

b. Initial requests for production of documents must be served by _______________. Any subsequent requests for production must be served no later than 30 days before the fact discovery deadline.

c. Interrogatories must be served by _______________. Any subsequent interrogatories must be served no later than 30 days before the fact discovery deadline.

d. Non-expert depositions must be completed by _______________. Absent an agreement between the parties or an order from the Court, non-party depositions must follow initial party depositions.

e. Requests to admit must be served by _______________, and in any event no later than 30 days before the fact discovery deadline.

Within 14 days of the completion of fact discovery, counsel and any unrepresented parties must meet to discuss settlement. The parties must file a joint letter concerning settlement within 21 days of the completion of fact discovery. The letter must include a statement as to whether the parties propose using any of the following alternative dispute resolution mechanisms: (i) a settlement conference with the Court;
(ii) participation in the Court’s Mediation Program; and/or (iii) retention of a private mediator. The use of any alternative dispute resolution mechanism does not stay or modify any date in this Order absent express permission from the Court.

Expert Discovery

a. All expert discovery, including expert depositions, must be completed by _______________.

b. Plaintiff’s expert disclosures pursuant to Rule 26(a)(2) of the Federal Rules of Civil Procedure must be made by _______________.

c. Defendant’s expert disclosures pursuant to Rule 26(a)(2) of the Federal Rules of Civil Procedure must be made by _______________.

d. The interim deadlines in paragraphs 6(b) and 6(c) may be extended by the written consent of all parties without application to the Court, provided that all expert discovery is completed by the date set forth in paragraph 6(a).

ALL DISCOVERY MUST BE COMPLETED BY _______________.
(Absent exceptional circumstances, this date should align with the completion of all expert discovery in paragraph 6(a).)

All motions and applications must be governed by the Court’s Individual Practices.
Should either party wish to file a summary judgment motion, the parties must, within 14 days of the close of all discovery, submit a joint letter that either sets forth a joint proposed briefing schedule or sets forth the parties’ respective proposals for summary judgment briefing schedules.

Unless otherwise ordered by the Court, the parties must submit a proposed Joint Pretrial Order for approval within 30 days after the date for the completion of all discovery, or, if a summary judgment motion has been filed, within 30 days after a decision on the motion. The proposed Joint Pretrial Order must be prepared in accordance with Judge Krause’s Individual Practices, and the parties must also comply with Judge Krause’s Individual Practices with respect to the filing of other required pretrial documents.

The parties have conferred and their present best estimate of the length of the trial is _______________.

This Civil Case Discovery Plan and Scheduling Order may not be modified or the dates herein extended without leave of the Court (except as provided in paragraphs 4 and 6(d) above).

Dated:

White Plains, NY

SO ORDERED.

ANDREW E. KRAUSE United States Magistrate Judge

Standing Order for Electronic Devices

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

United States Judge       Revised: July 1, 2019.

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