Judge Robert W. Lehrburger — United States District Court, Southern District of New York
Magistrate Judge
Practice notes for litigators appearing before Judge Lehrburger in the S.D.N.Y.. Sourced from the judge's individual rules, standing orders, and chambers procedures published by the court.
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Individual Practices
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
Consent to Proceed Before US Magistrate Judge Over a Specific Motion
AO 85A (Rev. 02/17) Notice, Consent, and Reference of a Dispositive Motion to a Magistrate Judge UNITED STATES DISTRICT COURT for the __________ District of __________ ) ) ) ) ) Plaintiff v. Civil Action No. Defendant NOTICE, CONSENT, AND REFERENCE OF A DISPOSITIVE MOTION TO A MAGISTRATE JUDGE Notice of a magistrate judge’s availability. A United States magistrate judge of this court is available to conduct all proceedings and enter a final order dispositive of each motion. A magistrate judge may exercise this authority only if all parties voluntarily consent. You may consent to have motions referred to a magistrate judge, or you may withhold your consent without adverse substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise be involved with your case. Consent to a magistrate judge’s consideration of a dispositive motion. The following parties consent to have a United States magistrate judge conduct any and all proceedings and enter a final order as to each motion identified below (identify each motion by document number and title). Motions: Printed names of parties and attorneys Signatures of parties or attorneys Dates Reference Order IT IS ORDERED: The motions are referred to a United States magistrate judge to conduct all proceedings and enter a final order on the motions identified above in accordance with 28 U.S.C. § 636(c). Date: District Judge’s signature Printed name and title Note: Return this form to the clerk of court only if you are consenting to the exercise of jurisdiction by a United States magistrate judge. Do not return this form to a judge. Print Save As... Reset
Individual Practices In Civil Cases
Lehrburger Individual Rules 2025.9.30 As of September 30, 2025
INDIVIDUAL PRACTICES IN CIVIL CASES
ROBERT W. LEHRBURGER, UNITED STATES MAGISTRATE JUDGE
Chambers Courtroom 500 Pearl Street, Room 1960 500 Pearl Street, Room 18D United States Courthouse United States Courthouse New York, NY 10007 Southern District of New York Tel: (212) 805-0248 New York, New York 10007 Lehrburger_NYSDChambers@nysd.uscourts.gov Deputy Clerk: Ms. Rupa Shah
Introduction
Cases come before magistrate judges in one of two ways: for specific purposes pursuant
to an order of reference by the assigned district judge, or, for all purposes on consent of
the parties. Consent to jurisdiction of the Magistrate Judge has a number of benefits,
including ready access to the judge and a reliable trial date calendared well in advance.
The reason for this is that magistrate judge dockets have few criminal cases, which
otherwise take precedence over civil proceedings and trials. Prior to taking the bench in
2017, Judge Lehrburger litigated and tried a wide range of cases for 27 years and well
understands the concerns of civil litigation attorneys and their clients. If counsel jointly
wish to consent to have Judge Lehrburger hear their case for all purposes, the necessary
form is at https://nysd.uscourts.gov/hon-robert-w-lehrburger.
Unless otherwise ordered by Judge Lehrburger, matters before him, whether for all
purposes or by specific reference, shall comply with the following practices.
Lehrburger Individual Rules 2025.9.30 I. Communications with Chambers A. Letters. In general, communications with the Court should be by letter. Except as provided below, all letters should be filed electronically on ECF (i.e., Electronic Case Filing), without email or other copy to Chambers. 1. Represented Parties. The following types of letters should be emailed to Chambers as a .pdf attachment: ● Letters filed by counsel under seal; ● Ex parte settlement letters; ● Letters otherwise containing confidential information.
In pro se cases, unless the pro se party has filed a fully executed
Consent To Electronic Service form, counsel for the represented
party must serve the pro se party with a paper copy of any legal
document that is filed on ECF or emailed to the Court and must
separately file proof of service.
2.
Unrepresented Pro Se Parties. By Standing Order, a pro se party
must mail or email all communications with the Court to the Pro Se
Intake Unit located at 500 Pearl Street, Room 200, New York, NY
10007, ProSe@nysd.uscourts.gov. A pro se party may not call
Chambers or send any document or filing directly to Chambers.
Unless the Court orders otherwise, all communications with the Court
will be docketed upon receipt; such docketing shall constitute service
on any user of the ECF system. If any additional unrepresented party
has not filed a fully executed Consent To Electronic Service form, a
pro se party must mail or deliver copies of any filing to that party and
include proof of service affirming that he or she has done so. Copies
of correspondence between a pro se party and opposing parties
should not be sent to the Court.
Any non-incarcerated pro se party who wishes to participate in
electronic case filing (“ECF”) must file a Motion for Permission for
Electronic Case Filing, available in the Pro Se Intake Unit or at
https://nysd.uscourts.gov/prose. Any non-incarcerated pro se party
who wishes to receive documents in their case by email instead of
by regular mail may consent to electronic service by filing a Pro Se
(Non-prisoner) Consent & Registration Form to Receive Documents
Electronically, available in the Pro Se Intake Unit or at
https://nysd.uscourts.gov/prose.
Lehrburger Individual Rules 2025.9.30 3. Page Limit for Letters. Letters may not exceed 3 single-space pages in length (exclusive of exhibits). 4. Letters Between Parties. 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. Hand Deliveries. Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance of 500 Pearl Street and may not be brought directly to Chambers. If the hand-delivered letter is urgent and requires immediate attention, ask the Court Security Officers to notify Chambers that an urgent package has arrived. C. Telephone Calls: For administrative, scheduling, and calendar matters that do not request a ruling from the Court, Chambers may be called between 9:00 a.m. and 4:00 p.m. D. Requests for Adjournments or Extensions of Time. All requests for adjournments or extensions of time must be filed on ECF as letter motions. The letter motion must state: (i) the originally scheduled due date(s); (ii) the number of previous requests for adjournment or extension of the matter at issue; (iii) whether those previous requests were granted or denied; and (iv) whether all parties consent, and if not, the reasons given for refusing to consent. If the adjournment concerns a conference to be rescheduled, the letter motion must also provide multiple dates when all counsel are available. Absent good cause, any request for extension or adjournment shall be made at least 48 hours before the deadline or scheduled appearance. E. ECF. In accordance with the S.D.N.Y. Electronic Case Filing Rules and Instructions, counsel are required to register as ECF filers and to enter an appearance in the case. Instructions are available on the Court website, at https://nysd.uscourts.gov/electronic-case-filing. Counsel are responsible for checking the docket sheet regularly, regardless of whether they receive an ECF notification of case activity. For questions about ECF rules and procedures, contact the ECF help desk at (212) 805-0800. II. Case Management and Discovery A. Initial Case Management Conference. The Court will issue an order scheduling the initial case management conference. The parties must meet and confer and then file a joint Report of Rule 26(f) Conference and Proposed Case Management Plan and Scheduling Order no later than one week before the initial case management conference. The parties should
Lehrburger Individual Rules 2025.9.30
use the template form for the Report of Rule 26(f) Conference and Proposed
Case
Management
Plan
and
Scheduling
Order
available
at:
https://nysd.uscourts.gov/hon-robert-w-lehrburger. In pro se cases, if
attempts to meet and confer are unsuccessful or not feasible, then each
party may submit their own Report and Proposed Case Management Plan
and Scheduling Order.
Lead counsel for the parties are expected to attend the Initial Case Management Conference. In most instances, the Initial Pretrial Conference will be held remotely, although the Court may order otherwise.
B.
Electronic Discovery. The parties are encouraged to use the model Joint
Electronic Discovery Submission and Proposed Order found at
https://nysd.uscourts.gov/hon-robert-w-lehrburger.
C.
Confidentiality Stipulations and Orders. In cases where confidential
information will be exchanged, the parties may submit a proposed
confidentiality stipulation and order. Any such proposed stipulation and
order must adopt by reference, or contain provisions consistent with, the
procedures governing Redactions and Filings Under Seal set forth as the
Appendix to these Rules.
If a party expects to have responsive discovery material they deem
confidential, they must proceed promptly with proposing the terms of a
confidentiality stipulation and order, and all parties must negotiate the terms
in good faith so that the absence of a confidentiality stipulation and order
does not delay production of discovery material.
D.
Discovery Disputes. Parties shall follow S.D.N.Y. Local Rule 37.2 with the
following modifications. Any party wishing to raise a discovery dispute with
the Court must first meet and confer in good faith with the opposing party,
in person or by telephone or video conferencing, in an effort to resolve the
dispute. If this meet-and-confer process does not resolve the dispute, the
party may file a letter motion with the Court or, if applicable, to the Pro Se
Intake Clerk, no longer than 3 single-space pages, explaining the nature of
the dispute and requesting a conference. Such letter must include a
representation that the meet-and-confer process occurred, including when
and whether it was in person or over the telephone. Any responsive letter
should be submitted within 3 business days following submission of the
letter motion. The Court retains discretion to rule on the dispute based on
the parties’ letter submissions, without more formal briefing, and with or
without a conference. If any party believes that more formal briefing is
warranted, that party must make a separate application to the court
explaining why more formal briefing is warranted.
Lehrburger Individual Rules 2025.9.30 Parties shall keep in mind Rule 1 of the Federal Rules of Civil Procedure, which requires the Court and the parties to construe, administer, and employ the rules of procedure to secure the just, speedy, and inexpensive determination of every action. Parties also shall keep in mind Rule 26(b)(1) of the Federal Rules of Civil Procedure, which provides that “[p]arties may obtain discovery regarding any non-privileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit.” Discovery motions should address these rules to the extent applicable.
III.
Motions
A.
All motions and moving papers filed on ECF or emailed to chambers shall
be in searchable PDF form.
B.
Letter Motions. Letter motions should be filed via ECF and comply with
the S.D.N.Y. Local Rules and the S.D.N.Y. Electronic Case Filing Rules and
Instructions. Letter motions are limited to 3 single-space pages (not
including exhibits). Any responsive letter should be submitted within 3
business days following submission of the letter motion. Parties must file
as letter motions the following:
• Requests for adjournments or extensions of time;
• Requests for pre-motion conferences;
• Requests for a settlement conference;
• Discovery disputes, unless permission is granted for more formal
briefing.
C. Motions Under Rule 12(b) or (c). Except in cases involving pro se parties, if a motion pursuant to Fed. R. Civ. P. 12(b) or 12(c) is contemplated, the moving party must so inform the plaintiff or counterclaimant and explain the basis for the anticipated motion. The plaintiff or counterclaimant must then indicate whether they wish to amend the subject pleading before motion practice, and the parties must consider in good faith a stipulation permitting such amendment. If the parties are unable to reach a resolution, the moving party shall include the following statement in the notice of motion: “This motion is made following the conference of counsel, which took place on [date]. Plaintiff [or Counter-Claimant] declined an opportunity to amend.”
Lehrburger Individual Rules 2025.9.30
D.
Pre-Motion Conferences. For motions concerning discovery disputes, see
Section II.D above. A pre-motion conference with the Court is required for
all other motions except for (i) motions by incarcerated pro se litigants, (ii)
motions for reconsideration, (iii) motions for a new trial, (iv) motions in
limine, and (v) motions required by the Federal Rules of Appellate
Procedure or the Federal Rules of Civil Procedure to be made by a time
certain.
Letters requesting a pre-motion conference should summarize the basis of
the motion and may not exceed 3 pages single-spaced. Within 3 business
days following submission of the requesting letter, each opposing party may
submit a written response of no more than 3 pages. For non-dispositive
motions, the Court retains discretion to rule on the dispute based on the
parties’ letter submissions, without more formal briefing, and with or without
a conference. If any party believes that more formal briefing is warranted,
that party must make a separate application to the court explaining why
more formal briefing is warranted. The filing of a request for a pre-motion
conference to dismiss prior to filing an Answer stays the time for filing an
Answer until after the motion is resolved or further order of the Court,
whichever is earlier.
E.
Memoranda of Law. The typeface, text size, margins, and line-spacing of
motion papers must conform to S.D.N.Y. Local Civil Rule 7.1. As to length,
parties must also adhere to the word-count limits of Local Civil Rule 7.1 and
include the required certification. Memoranda of 10 or more pages must
contain a table of contents and a table of authorities, neither of which shall
count against the limits on length. Sur-reply memoranda will not be
accepted without prior permission of the Court. When citing unreported
cases, parties shall use Westlaw citations whenever feasible.
F.
Courtesy Copies. The Court does not require courtesy copies.
G.
Redactions and Filing Under Seal. The parties must adhere to the
procedures set forth in the Appendix to these Rules.
H.
Oral Argument. Requests for oral argument of motions should be made by
letter. Whether oral argument will be held remains in the Court’s discretion.
In some instances, the Court may hold oral argument even if the parties
have not requested it.
I.
Specific Time Periods Provided by Federal Rules. Nothing in the Court’s
Individual Practices supersedes a specific time period for filing a motion
specified by statute or Federal Rule – including but not limited to Fed. R.
Civ. P 50, 52, 54, 59, and 60, and Fed. R. App. P. 4 – where failure to
Lehrburger Individual Rules 2025.9.30
comply with the specified time period could result in forfeiture of a
substantive right.
IV.
Settlement Procedures
See Settlement Procedures For Magistrate Judge Robert W. Lehrburger, posted
at https://nysd.uscourts.gov/hon-robert-w-lehrburger.
V.
Pretrial Procedures
The following procedures apply to those cases where the parties have consented
pursuant to 28 U.S.C. 636(c) to have all proceedings, including trial, before Judge
Lehrburger. Absent such consent, the parties should refer to the individual
practices of the district judge.
A.
Joint Pretrial Orders in Civil Cases.
1.
Unless otherwise ordered by the Court, within 30 days after the date
for the completion of discovery in a civil case or, if a dispositive
motion has been filed, within 30 days after a decision resolving the
motion, the parties shall jointly prepare and file with the court for its
approval a Proposed Pretrial Order.
2.
In appropriate cases, the Court may be willing to dispense with
portions of the Pretrial Order, if both sides consent, in order to secure
the just, speedy and inexpensive determination of every action. See
Federal Rule of Civil Procedure 1. The parties should discuss such
requests with each other and then with the Court sufficiently in
advance so that the Proposed Pretrial Order will be filed within the
time frames described above.
B.
Contents of the Proposed Pretrial Order.
1.
Caption: The full caption of the action.
2.
Counsel: The name, address, telephone number and email of each
principal member of the trial team, and identification of each party’s
lead trial counsel.
3.
Subject Matter Jurisdiction: A brief statement identifying the basis
for subject matter jurisdiction, and, if that jurisdiction is disputed, the
reasons therefore. Such statement shall include citations to all
statutes relied on and, where diversity is the basis for jurisdiction,
relevant facts as to citizenship and jurisdictional amount.
Lehrburger Individual Rules 2025.9.30
4.
Claims and Defenses: A list of each claim and defense that will be
tried and a list of any claims and defenses asserted in the pleadings
that are not to be tried. Where applicable, the statements shall
identify citations to relevant statutes relied on.
5.
Law: Identification of the governing law for each claim and defense
that will be tried and a brief description of any dispute regarding
choice of law.
6.
Damages: With respect to each claim remaining to be tried, a
statement and calculation of the damages claimed, broken down by
element or category (e.g., lost profits, back wages, medical costs,
etc.), and a description of any other relief sought.
7.
Length of Trial: The number of days estimated for trial. If the parties
do not agree, each party shall give its estimate and the basis for that
estimate.
8.
Fact-Finder: Whether the case is to be tried with or without a jury. If
a jury trial, whether the parties agree to a non-unanimous verdict
pursuant to Federal Rule of Civil Procedure 48.
9.
Stipulations: Any agreed-upon stipulations of fact or law.
10.
Openings: Requested amount of time for opening statements.
11.
Witness Lists: A list by each party of its trial witnesses that it, in
good faith, expects to present on its case in chief, with a statement
of the general subject areas of the witness’s testimony and an
indication of whether the witnesses will testify in person or by
deposition. The witness lists shall also include identification of
rebuttal witnesses that the party may call if needed. Absent good
cause, a party will not be allowed to present a witness not previously
identified on their witness list.
12.
Witness Order: A statement as to how and when the parties will give
notice to each other of the order of their trial witnesses.
13.
Depositions: Designation by each party of deposition testimony to
be offered in its case, referencing page numbers, with any cross-
designations and objections by any other party. If there is no
objection or cross-designation, the Court will deem the opposing
party to have waived any such objection or cross-designation.
Lehrburger Individual Rules 2025.9.30
14.
Exhibits: A list by each party of exhibits to be offered in its case. For
any exhibit as to which there is an objection, the party objecting must
briefly specify, next to the listing for that exhibit, the nature of the
party’s objection (e.g., “authenticity,” “hearsay,” “Rule 403”). Any
objection not listed shall be deemed waived. Exhibits not produced
during discovery or otherwise provided to other parties prior to trial
likely will not be allowed for any purpose.
15.
Demonstratives: A proposed schedule by which the parties will
exchange demonstratives the parties intend to use at trial, notify
each other of any objections thereto, consult with each other about
those objections, and notify the Court of any remaining disputes.
16.
Other Issues: All other matters that the Court may have ordered or
that the parties believe are important to the efficient conduct of the
trial, such as bifurcation or sequencing of issues to be tried.
C.
Additional Pretrial Filings in Civil Cases. Unless otherwise ordered by
the Court, the following shall be filed at the same time as the proposed joint
pretrial order:
1.
Jury Cases.
a.
Each party must file a Trial Memorandum of Law addressing
each issue of law that the party expects to arise at or before
trial.
b.
The parties must jointly prepare and submit proposed Jury
Materials consisting of:
●
a succinct statement of the case to be read to the
jury panel before voir dire and as an introduction to
jury instructions;
● proposed voir dire questions for prospective jurors;
● proposed jury instructions (with each instruction separately numbered and beginning on a separate page); and
● a proposed verdict form.
c. To the extent a party objects to another party’s requested voir dire questions, jury instructions, or proposed verdict form, that party must (i) set forth the grounds for the objection and (ii) if
Lehrburger Individual Rules 2025.9.30
applicable, propose an alternative (all in the same document
so that the Court can compare the parties’ respective
proposals).
d.
All substantive jury instructions, objections, and alternative
proposals must include citation to supporting authority.
e.
In addition to ECF-filing voir dire questions, requests to
charge, and verdict sheets, electronic copies must also be
submitted as Microsoft Word documents and sent by email to:
Lehrburger_NYSDChambers@nysd.uscourts.gov.
Non-Jury Cases.
a.
Each party must file a Trial Memorandum of Law identifying
the issues, summarizing facts and applicable law, and
addressing any evidentiary issues.
b.
The Court may also ask each party to file Proposed Findings
of Fact and Conclusions of Law before or after trial.
c.
In addition to ECF-filing, these materials should also be
submitted as Microsoft Word documents and sent via email
to: Lehrburger_NYSDChambers@nysd.uscourts.gov.
D.
Motions in Limine. Each party shall file and serve any motions in limine
at the same time as the proposed pretrial order. Within two weeks
thereafter, each party shall file and serve its opposition to any motion in
limine. There shall be no replies unless requested by the Court.
E.
Exhibit Binders. At least two weeks in advance of trial, counsel must
provide two courtesy sets of pre-marked exhibits to the Court. The exhibits
should be assembled sequentially in a tabbed 3-ring binder. Voluminous
exhibits may be provided on a thumb drive or equivalent.
F.
Pro Se Cases. In pro se cases,, unless otherwise ordered, the parties are
not required to prepare joint pretrial filings (but may do so jointly if feasible).
Instead, within 30 days from the date for completion of discovery or, if a
dispositive motion has been filed, within 30 days of a decision resolving the
motion, the represented party(ies) shall submit the pretrial materials set
forth in sections V.A, B, C, and D above. At that same time, the pro se party
shall file a Pretrial Statement. The pro se party’s Pretrial Statement need
take no particular form, but must be concise and contain:
Lehrburger Individual Rules 2025.9.30
1.
a statement of the facts the party hopes to prove at trial;
2.
a list of all documents or other physical objects that the party plans
to put into evidence at trial; and
3.
a list of the names and addresses of all witnesses the party intends
to have testify at trial and the general subject matter of each
witness’s expected testimony.
The Pretrial Statement must be sworn or affirmed by the pro se party to be
true and accurate based on the facts known by the party. The pro se party
must file an original Pretrial Statement with the Pro Se Office and serve a
copy on all other parties or their counsel if represented.
VI.
Trial Procedures
A.
Voir Dire. The Court will conduct all voir dire.
B.
Time.
1.
The Court encourages use of timed trials, with each party allotted a
set amount of time for presentation of all evidence and cross-
examination, and such time to be allotted as that party chooses.
2.
Trial days generally run from 9:30 a.m. to 4:30 p.m., with a one-hour
lunch break, and brief mid-morning and mid-afternoon breaks.
C.
Witnesses.
1.
No later than the end of each trial day, counsel must notify each other
and the Court of witnesses to be called the following trial day. The
parties may agree to earlier notification.
2.
Absent a contrary ruling made before the start of a witness’s direct
testimony, where applicable, cross-examination in a civil case may
go beyond the scope of direct to avoid making the witness return to
testify in the opposing party’s case. However, to the extent cross-
examination exceeds the scope of the direct pursuant to this rule,
counsel should not ask leading questions (unless the witness is
hostile or otherwise associated with the opposing party).
3.
The parties are expected to have witnesses available to fill the
entirety of each trial day. Witnesses may be taken out of order if the
next planned witness is unavailable. If a party does not have a
Lehrburger Individual Rules 2025.9.30
witness available to testify, the Court may preclude testimony or
deem that party to have rested.
D.
Exhibits.
1.
All objections to exhibits should be resolved in advance of trial with
the pretrial order and motions in limine. Exhibits shall be pre-marked.
As all objections will have been resolved, any exhibit used with a
witness during trial shall be deemed admitted, and counsel need not
establish foundational elements for that exhibit.
2.
Counsel must make sure that all exhibits are redacted in compliance
with Federal Rule of Civil Procedure 5.2. If there is a particular need
not to redact, the party seeking to introduce the exhibit must file a
motion in limine with the Court.
3.
Counsel are responsible for maintaining custody of all original
exhibits. The Court does not retain them, and the Courtroom Deputy
is not responsible for them.
E.
Court Reporter.
1.
Prior to trial, counsel shall provide the court reporter with spelling of
proper names, places, scientific or medical terms, and other words
peculiar to the case that are likely to arise during trial.
2.
When reading from depositions or documents, the reader cite the
applicable page and line number.
3.
When referring to an exhibit, counsel shall cite it by number or letter
so that the record is clear as to what is being discussed.
4.
Counsel and witnesses shall speak slowly and clearly enough for the
court reporter to record what is being said
F.
Objections and Sidebars.
1.
Counsel shall object concisely, (e.g., “Objection”; “Objection, calls for
speculation”), unless the Court requests further explanation.
2.
Sidebars during jury trials are to be avoided. Counsel are expected
to anticipate any problems and raise those issues with the Court in
advance of the time the jury will be present to hear evidence.
Lehrburger Individual Rules 2025.9.30
APPENDIX RULES FOR REDACTIONS AND FILING UNDER SEAL
A.
Sealing/Redactions Not Requiring Court Approval. Federal Rule of Civil
Procedure 5.2 describes sensitive information that must be redacted from
public court filings. No Court approval is required for these redactions.
B.
Sealing/Redactions Requiring Court Approval.
1.
Initial Filing Process. Any party wishing to file a document under
seal or in redacted form shall (1) file on ECF a redacted copy of the
document, (2) file on ECF a sealed copy of the document, and (3)
submit to Chambers an unredacted copy by email.
2.
Service On Parties. Pursuant to S.D.N.Y. Standing Order M10-468,
sealed documents are not accessible or viewable on ECF;
accordingly, parties must separately serve opposing counsel with
any sealed materials in a manner other than the ECF system.
3.
Meet and Confer Requirement. Within 5 business days of the ECF-
filing of the redacted document(s), the parties must confer in good
faith as to whether any or all of the redacted material may or must be
filed without redaction. If the parties reach agreement that all
redacted material may or must be unredacted, the parties shall file
on ECF unredacted copies of the previously redacted documents
and so inform the Court.
4.
When Motion Required. A motion is required whenever one or more
parties seek to maintain sealed material. If the parties cannot agree
to unredact all redacted material, then, within 3 business days of the
parties’ meet and confer, the party seeking to preserve confidentiality
must make a specific request to the Court by letter motion. If more
than one party seeks to preserve confidentiality, the parties shall
confer and submit a joint letter. Any party opposing the request to
file under seal must submit a responding letter within 3 business days
after submission of the letter by the party seeking to preserve
confidentiality.
5.
What Must Be Included In Motion. Any letter motion requesting
that material remain under seal must explain the reasons for seeking
to file the material under seal and address the request in light of the
Lehrburger Individual Rules 2025.9.30 Court of Appeals’ opinions in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) and Bernstein v. Bernstein Litowitz Berger & Grossman LLP, 814 F.3d 132 (2d Cir. 2016). Any sealing request shall include the requesting party’s proposed redactions. 6. Motion Filing Process. The letter motion to seal (and any response) must be filed on ECF in public view and should not itself include confidential material for which sealing is sought. Any supporting papers or attachments that contain confidential material may be filed under seal or redacted to the extent necessary to safeguard that information. At the time the letter motion is filed it should be designated as related to the documents filed under seal in the initial filing process. 7. Unredaction. If the Court directs that any previously redacted material be unredacted, the party who submitted the previously redacted document shall, within 3 business days after the Court’s unredaction order, file on ECF the documents complying with the Court’s order. 8. Inability to Comply. 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 by letter motion for leave of Court to file non-electronically.
Case Management Plan and Scheduling Order (Fillable)
Form as of December 1, 2025 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------X : : : : -CV-_____ Plaintiff(s),
: :
- against -
:
[Proposed] Civil Case
:
Management Plan and
:
Scheduling Order
:
Defendant(s).
:
:
---------------------------------------------------------------X
The parties submit this [Proposed] Civil Case Management Plan and Order pursuant to
Federal Rule of Civil Procedure 26(f):
1.
Meet and Confer: The parties met and conferred pursuant to Fed. R. Civ. P.16(c)
and 26(f) on __________________________________________.
2.
Alternative Dispute Resolution / Settlement:
a.
Settlement discussions have ___ / have not ___ taken place.
b.
The parties have discussed an informal exchange of information in aid of
early settlement and have agreed to exchange the following:
c.
The parties have discussed use of alternative dispute resolution
mechanisms for use in this case, such as (i) a settlement conference before
the Magistrate Judge, (ii) participation in the District’s Mediation Program,
and (ii) retention of a private mediator. The parties propose the following
alternative dispute mechanism for this case:
d. The parties recommend that the alternative dispute resolution mechanism designated above be employed at the following point in the case (e.g., within the next 30 days; after exchange of specific information; after deposition of plaintiff; etc.):
e. The use of any alternative dispute resolution mechanism does not stay or modify any date in this Order. 3. The Parties’ Summary of Their Claims, Defenses, and Relevant Issues: Plaintiff(s):
Defendant(s):
The Parties’ Asserted Basis of Subject Matter Jurisdiction:
Subjects on Which Discovery May Be Needed: Plaintiff(s):
Defendant(s):
Initial Disclosures pursuant to Fed. R. Civ. P. 26(a)(1) will be exchanged no later than __________________. 7. Amended Pleadings: a. No additional parties may be joined after _______________. Any motion to join after this date will need to meet the good cause requirements of F.R.C.P. 16. b. No amended pleadings may be filed after _______________. Any motion to amend after this date will need to meet the good cause requirements of F.R.C.P. 16. 8. Fact Discovery: a. All fact discovery shall be completed by _____________________. b. Initial requests for production were/will be served by _______________. Any subsequent requests for production must be served no later than 45 days prior to the discovery completion deadline. c. Initial interrogatories shall be served by ______________. Any subsequent interrogatories must be served no later than 45 days prior to the discovery completion deadline. d. Depositions shall be completed by __________________________. e. Requests to admit shall be served by _______________________. f. The parties propose the following limits on discovery:
g. Except as otherwise modified in 8(f) above, 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 interim fact discovery
deadlines may be altered by the parties on consent without application to the Court, provided that the parties meet the deadline for completing fact discovery. h. The parties would like to address at the conference with the Court the following disputes, if any, concerning fact discovery: 9. Expert Discovery (if applicable): a. The parties do ___ / do not ___ anticipate using testifying experts. b. Anticipated areas of expertise: c. Expert discovery shall be completed by ______________________. d. By _____________, the parties shall meet and confer on a schedule for expert disclosures, including reports, production of underlying documents, and depositions, provided that (i) expert report(s) of the party with the burden of proof shall be due before those of the opposing party’s expert(s); and (ii) all expert discovery shall be completed by the date set forth above. e. The parties would like to address at the conference with the Court the following disputes, if any, concerning expert discovery: 10. Electronic Discovery and Preservation of Documents and Information: (If appropriate for the case, use the Court’s Joint Electronic Discovery Submission and Proposed Order available at: http://nysd.uscourts.gov/judge/Lehrburger.) a. The parties have ___ / have not ___ discussed electronic discovery. b. If applicable, the parties shall have a protocol for electronic discovery in place by ____________________________________________.
c. The parties would like to address at the conference with the Court the following disputes, if any, concerning electronic discovery: 11. Assertion Of Privilege And Work Product Protection: The parties plan for the 12. Anticipated Motions (other than summary judgment, if any): 13. Summary Judgment Motions: No less than 30 days before a party intends to file a summary judgment motion, and in no event later than the close of discovery, the party shall notify this Court, and the District Judge, that it intends to move for summary judgment and, if required by the District Judge’s Individual Practices, request a pre-motion conference. If pre-motion clearance has been obtained from the District Judge where required, summary judgment motions must be filed no later than 30 days following the close of all discovery if no date was set by the District Judge or, if a date was set by the District Judge, in accordance with the schedule set by the District Judge. If no pre- motion conference is required, summary judgment motions must be filed no later than 30 days following the close of discovery. timing and method for complying with Fed. R. Civ. P. 26(b)(5)(A) governing assertion of privilege or protection as trial-preparation material (including any agreements reached under Fed. R. Ev. 502):
Any summary judgment motion must comply with the Federal Rules of Civil Procedure, the Local Rules of this District, and the Individual Practices of the District Judge to whom the case is assigned. 14. Pretrial Submissions: The parties shall submit a joint proposed pretrial order and any required accompanying submissions 30 days after decision on the summary judgment motion(s), or, if no summary judgment motion is made, 30 days after the close of all discovery. 15. Trial: a. All parties do ___ / do not ___ consent to a trial before a Magistrate Judge at this time. b. The case is ___ / is not ___ to be tried to a jury. c. The parties anticipate that the trial of this case will require ____ days. 16. Other Matters the Parties Wish to Address (if any): 17. The Court will fill in the following: A status conference will be held before the undersigned on _____________ at ______ in Courtroom 18D, 500 Pearl Street. The parties shall submit a joint status letter every ___ days no longer than 3 pages. SO ORDERED. Dated:
ROBERT W. LEHRBURGER UNITED STATES MAGISTRATE JUDGE
PLAINTIFF(S):
DEFENDANT(S):
ATTORNEY NAME(s):
ATTORNEY NAME(s)
ADDRESS
ADDRESS
TEL: ____________________________
TEL:___________________________
EMAIL: __________________________
EMAIL:_________________________
Joint Electronic Discovery Submission (pdf fillable)
MJ Lehrburger Joint Electronic Discovery Submission.DOCX Form as of October 30, 2017 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Plaintiff(s),
-against-
Defendant(s). : : : : : : : : : : : :
CIV. NO. ________________ Joint Electronic Discovery Submission No. ___ and [Proposed] Order
One or more of the parties to this litigation have indicated they believe that relevant information may exist or be stored in electronic format, and that this content is potentially responsive to current or anticipated discovery requests. This Joint Submission and [Proposed] Order (and any subsequent ones) shall be the governing document(s) by which the parties and the Court manage the electronic discovery process in this action. The parties and the Court recognize that this Joint Submission and [Proposed] Order is based on facts and circumstances as they are currently known to each party, that the electronic discovery process is iterative, and that additions and modifications to this submission may become necessary as more information becomes known to the parties.
9993125v.1 1. Brief Joint Statement Describing the Action, [e.g., “Putative securities class action pertaining to the restatement of earnings for the period May 1, 2017 to May 30, 2017”]:
a. Estimated amount of Plaintiff(s)’ Claims: ___ Monetary (absolute number or range):$________________________ ___ Equitable Relief (if so, specify) ______________________________ ___ Other (if so, specify) ______________________________________ b. Estimated amount of Defendant(s)’ Counterclaim/Cross-Claims: ___ Monetary (absolute number or range):$________________________ ___ Equitable Relief (if so, specify) ______________________________ ___ Other (if so, specify) ______________________________________
Competence. Counsel certify that they are sufficiently knowledgeable in matters relating to their clients’ technological systems to discuss competently issues relating to electronic discovery, or have involved someone competent to address these issues on their behalf. 3. Meet and Confer. Pursuant to Fed. R. Civ. P. 26(f), counsel are required to meet and confer regarding certain matters relating to electronic discovery before the Initial Pretrial Conference. Counsel certify that they have met and conferred to discuss these issues. Date(s) of parties’ meet-and-confer conference(s):
9993125v.1
4.
Unresolved Issues: The following issues concerning discovery of
electronic information remain outstanding and/or require court intervention
(check all that apply):
__ Preservation
__ Search and Review
__ Sources of Production
__ Forms of Production
__ Identification or Logging of Privileged Material
__ Inadvertent Production of Privileged Material
__ Cost Allocation
__ Other (specify): ________________________________________________
Preservation.
a.
The parties have discussed the obligation to preserve potentially
relevant electronically stored information and agree to the following
scope and methods for preservation, including but not limited to:
retention of electronic data and implementation of a data
preservation plan; identification of potentially relevant data;
disclosure of the programs and manner in which data is
maintained; identification of computer system(s); and identification
of the individual(s) responsible for data preservation, etc. To the
extent the parties have reached agreement as to preservation of
electronic information, provide details below:
b. State the extent to which the parties have disclosed or have agreed to disclose the dates, contents, and/or recipients of “litigation hold” communications:
9993125v.1
c. The parties anticipate the need for judicial intervention regarding the following issues concerning the duty to preserve, the scope, or the method(s) of preserving electronically stored Information:
Search and Review. a. The parties have discussed methodologies or protocols for the search and review of electronically stored information, as well as the disclosure of techniques to be used. Some of the approaches that may be considered include: the use and exchange of keyword search lists, “hit reports,” and/or responsiveness rates; concept search; machine learning, or other advanced analytical tools; limitations on the fields or file types to be searched; date restrictions; limitations on whether back-up, archival, legacy, or deleted electronically stored information will be searched; testing; sampling; etc. To the extent the parties have reached agreement as to search and review methods, provide details below:
9993125v.1 b. The parties anticipate the need for judicial intervention regarding the following issues concerning the search and review of electronically stored information:
Production. a. Source(s) of Electronically Stored Information. The parties anticipate that discovery may occur from one or more of the following potential source(s) of electronically stored information [e.g., email, word processing documents, spreadsheets, presentations, databases, instant messages, web sites, blogs, social media, etc.]: Plaintiff(s):
Defendant(s):
9993125v.1 b. Limitations on Production. The parties have discussed factors relating to the scope of production, including but not limited to: (i) number of custodians; (ii) identity of custodians; (iii) date ranges for which potentially relevant data will be drawn; (iv) locations of data; (v) timing of productions (including phased discovery or rolling productions); and (vi) electronically stored information in the custody or control of non-parties. To the extent the parties have reached agreements related to any of these factors, describe below:
c. Form(s) of Production. The parties have discussed and agreed to the following regarding the form(s) of productions (e.g., TIFF, pdf, native, etc.):
d. The parties anticipate the need for judicial intervention regarding the following issues concerning production:
9993125v.1 8. Privileged Material. a. Identification. The parties have discussed and agreed to the following method(s) for identification (e.g., individual logging, categorical logging, etc.) and redaction of privileged documents:
b. Inadvertent Production / Claw-Back Agreements. Pursuant to Fed R. Civ. Proc. 26(b)(5) and F.R.E. 502(e), the parties have agreed to the following concerning the inadvertent production of privileged documents (e.g. “quick-peek” agreements, non-waiver agreements or orders pursuant to F.R.E. 502(d), etc.):
c. The parties have discussed a 502(d) Order. Yes __; No __ The provisions of any such proposed Order shall be set forth in a separate document and presented to the Court for its consideration. d. The parties anticipate the need for judicial intervention regarding the following issues concerning privileged material:
9993125v.1
Cost of Production.
a.
Costs: The parties have analyzed their client’s data repositories and
have
estimated
the
costs
associated
with
production
of
electronically stored information. The factors and components
underlying these costs are estimated as follows:
Plaintiff(s):
Defendant(s):
b. Cost Allocation. The parties have considered cost-shifting or cost- sharing and have reached the following agreements, if any:
9993125v.1 c. Cost Savings. The parties have considered cost-saving measures, such as the use of a common electronic discovery vendor or a shared document repository, and have reached the following agreements, if any:
d. The parties anticipate the need for judicial intervention regarding the following issues concerning the costs of production of electronically stored information:
Other Issues, if any.
9993125v.1
The preceding constitutes the agreement(s) reached, and disputes existing (if
any), between the parties to certain matters concerning electronic discovery as of this
date. To the extent additional agreements are reached, modifications are necessary, or
disputes are identified, they will be outlined in subsequent submissions or agreements
and promptly presented to the Court.
Party: _________________________
By:
Party: _________________________
By:
Party: _________________________
By:
Party: _________________________
By:
Party: _________________________
By:
Party: _________________________
By:
The next scheduled meet-and-confer conference to address electronic discovery
issues, including the status of electronic discovery and any issues or disputes that have
arisen since the last conference or Order, shall take place on_____________________.
The next scheduled conference with the Court for purposes of updating the Court
on electronic discovery issues has been scheduled for _________________________.
Additional conferences, or written status reports, shall be set for every ___
weeks, as determined by the parties and the Court, based on the complexity of the
issues at hand. A joint agenda should be submitted to the Court three (3) business
days before such conference indicating the issues to be raised by the parties. The
parties may jointly seek to adjourn the conference with the Court no less than 48 hours
9993125v.1 in advance of the scheduled conference, if the parties agree that there are no issues requiring Court intervention.
Dated: _____________, 20
SO ORDERED:
United States Magistrate Judge
Settlement Conference And Mediation Procedures
MJ Lehrburger Procedures for Settlement Conferences 2021.docx
March 14, 2025
SETTLEMENT CONFERENCE AND MEDIATION PROCEDURES
MAGISTRATE JUDGE ROBERT W. LEHRBURGER
Chambers Courtroom 500 Pearl Street, Room 1960 500 Pearl Street, Room 18D United States Courthouse United States Courthouse New York, NY 10007 Southern District of New York Tel: (212) 805-0248 New York, New York 10007
Lehrburger_NYSDChambers@nysd.uscourts.gov The Court believes the parties should fully explore settlement at the earliest practical opportunity. Early settlement allows the parties to avoid the substantial cost, expenditure of time, and uncertainty that typically are part of the litigation process. Even for those cases that cannot be resolved, early consideration of settlement can provide the parties with a better understanding of the factual and legal nature of their dispute and streamline the issues to be litigated. In most cases, the Court will require the parties to participate in a mediated settlement conference. Even where a settlement conference has not been ordered by the Court, the parties may voluntarily request the Court to hold a mediation conference in an attempt to resolve or narrow the dispute. Consideration of settlement is a serious matter that requires thorough preparation prior to a settlement conference. It also requires thoughtful consideration of the other side's point of view. Set forth below are the procedures the Court requires the parties and counsel to follow and the procedures the Court typically will employ in conducting settlement conferences. 1. Confidentiality. All settlement conferences are "off the record." All communications relating to settlement are strictly confidential and may not be used for any purpose other than settlement. They are not to be used in discovery and will not be admissible at trial. 2. Magistrate Judge's Role. The magistrate judge functions as a mediator, attempting to help the parties reach a settlement. Efficient use of this process requires that counsel and their clients be prepared for the conference, candid with the mediator, and genuinely committed to finding a resolution.
MJ Lehrburger Procedures for Settlement Conferences 2021.docx
3.
Pre-Conference Phone Call. At a date and time set by the Court, and not later
than seven business days before the settlement conference, counsel for all parties
must participate in a phone call with the Court to discuss the upcoming settlement
conference. Any matter that any party believes may impede settlement should be
raised during this call, particularly information that could be but has not yet been
provided by another party.
4.
Exchange of Information. Each party should consider what key information they
believe they need from any other party in order to effectively assess a potential
settlement. The parties should then cooperate in good faith to discuss the material
to be exchanged and then effect the exchange sufficiently in advance of the
settlement conference. AIf a defendant anticipates claiming insufficient assets
from which to fund a settlement, that party should provide material to the plaintiff
that will assist the plaintiff to evaluate and confirm the defendant’s financial status.
This does not require a party to furnish any information they choose not to provide
and are not otherwise obligated to produce, but providing such information is
encouraged.
5.
Pre-Conference Submissions. No later than five business days before the
conference, counsel for each party must send the Court (i) a pre-settlement
conference letter, and (ii) a completed attendance certification form attached at the
end of these procedures. The letter and certification should be emailed to the Court
in accordance with the Individual Practices of Judge Lehrburger.1 Parties
proceeding pro se need not submit the certification, but must provide a pre-
conference letter, which, if not emailed or hand delivered, may be mailed to
Chambers at the address identified above and which should be mailed sufficiently
in advance so that it arrives at the Court no later than five days before the
conference.
The letter should be marked "Confidential Material for Use Only at Settlement Conference" and should not be provided to opposing parties. The reason the letter is not to be shared with other parties is to ensure that counsel is candid with the Court as to the strengths and weaknesses of their client’s case and the nature and range of an acceptable settlement. The letter must not exceed 5 pages (single spaced), unless permission has been granted by the Court, but may attach exhibits. The letter should include, at a
1 If a party cannot send the letter and certification by e-mail, the party may hand-deliver them to the Court, or send them by overnight delivery, so long as they arrive no later than five business days before the conference.
MJ Lehrburger Procedures for Settlement Conferences 2021.docx
minimum, the following: (a) a concise statement of the issue(s) in dispute; (b) the
history of settlement negotiations, including any prior offers or demands; (c)
evaluation of the settlement value of the case and the rationale for it; (d)
identification of the strengths and weaknesses of the case to the extent not already
included; and (e) any other information that would be helpful to the Court in
preparing for the conference.
If the plaintiff has not already made a settlement demand, such a demand shall be
communicated to the opposing party no later than 14 days prior to the conference.
If it has not already done so, the opposing party shall respond to any demand no
later than 7 days thereafter. The parties should not wait for the settlement
conference to commence negotiations of a resolution of their dispute.
6.
Attendance Requirements. The parties - not just their attorneys - must attend the
settlement conference in person. A party's attendance is essential to the settlement
process. It is vital that parties hear the other side's presentation and have the
opportunity to speak with the mediator outside the presence of any adversary.
Business Entities, Labor Unions and Insurers. Business entities and labor
unions must send the person with final, unlimited authority to settle. Where liability
or costs-of-defense insurance is involved, a representative with final, unlimited
authority for each carrier must attend in addition to the insured. This includes each
excess carrier unless specifically excused by the Court at least one week before
the conference. Because it is important that the decision-makers with respect to
settlement hear what the Court has to say and be available to answer questions
from the Court, the person who attends must be the person with responsibility for
determining the amount of any ultimate settlement and who has not had limitations
placed on them by another person with respect to his or her authority to settle. In
short, business entities, labor unions and insurance companies (or any other party
that is not a natural person) must send to the conference the person ultimately
responsible for approving any settlement; that is, the person with final, unlimited
authority to settle without having to obtain the approval of any other person.
Government Agencies. Where any government agency is a party, counsel of
record must be accompanied by a knowledgeable representative from the agency.
Additionally, in cases where the Comptroller of the City of New York has authority
over settlement, Corporation Counsel must make arrangements for a
representative from the Comptroller to attend the conference in person. The
representative from the Comptroller must have final, unlimited authority to settle
without having to obtain the approval of any other person, unless any such other
person is also available by telephone throughout the settlement conference.
MJ Lehrburger Procedures for Settlement Conferences 2021.docx
Mode Of Participation. The Court holds many of its settlement conference via
Microsoft Teams. This enables parties to more freely participate and avoid
unnecessary travel. However, parties may request to hold settlement conferences
in person at the courthouse, and the Court may do so sua sponte if it believes doing
so would be beneficial. For in person conferences at the courthouse, if a participant
resides more than 100 miles from the courthouse and would incur great hardship
to attend in person, counsel may write to the Court seeking permission for that
individual to participate remotely (although permission will be the exception, not
the rule). This issue should be raised with the Court in writing as soon as possible.
Incarcerated parties may participate in the conference by telephone if Teams is not
available.
Interpreters. Any party requiring an interpreter must supply its own simultaneous
interpreter. The Court does not provide interpreters for settlement conferences.
7.
Consequences of Non-Compliance with Attendance Requirements. If a party
fails to comply with the Attendance requirements set out above, that party may
be required to reimburse all the other parties for their time and travel expenses,
and may face other sanctions.
8.
Conference Procedures. In general, the Court does not ask for opening
statements at the beginning of the conference. When opening remarks are
solicited, they should not be treated as if they were a jury address or legal argument
to the Court. The goal is to communicate, not grandstand.
Following any opening remarks or discussion, the Court typically will spend the rest
of the time meeting separately with each side. In these private meetings, the parties
and their counsel should be prepared to discuss their position on, and ideas for,
settlement; the reasons for their position; the strengths and weaknesses of their
case; the amount of attorneys' fees and litigation expenses incurred to date; and
an estimate of the remaining cost of litigating the case to judgment, including any
appeal.
The Court encourages all parties to keep an open mind in order to re-assess their
previous positions and to discover creative means for resolving the dispute.
Indeed, the Court finds that a settlement can be achieved only if the parties adjust
their expectations.
9.
Adjournments of Settlement Conferences. Requests for adjournment shall
conform to the Individual Practices of Judge Lehrburger, with the following
modification: requests submitted more than 14 days before the scheduled
conference date ordinarily will be granted without a showing of good cause;
requests submitted within 14 days of the date of the scheduled conference must
MJ Lehrburger Procedures for Settlement Conferences 2021.docx demonstrate good cause. All requests should provide alternative dates when all the parties are available. The conference date is not changed unless and until ordered by the Court. 10. Settlement in Advance of Mediation. If all parties advise the Court in writing that the case has settled prior to the scheduled conference, the Court ordinarily will adjourn the conference with no future designated date. In these circumstances, the parties should file a letter-motion on ECF requesting an adjournment of the settlement conference sine die. 11. No Effect on other Deadlines. The scheduling of a settlement conference has no effect on any deadlines or other pending obligations in the case unless otherwise ordered by the Court. 12. FLSA Settlements. Parties may not settle a Fair Labor Standards Act (“FLSA”) action with prejudice unless the settlement agreement receives approval by either the Court or the Department of Labor. Accordingly, the Court will not approve an FLSA settlement without a sufficient explanation from counsel as to why the terms of the proposed settlement are fair and reasonable. Such explanation may be provided immediately following a settlement conference that results in agreement between the parties. Alternatively, the parties seeking judicial approval of an FLSA settlement shall submit a letter to the Court (1) explaining why the terms of the proposed settlement reflect a reasonable compromise of disputed issues, rather than a mere waiver of statutory rights, and (2) presenting the Court with sufficient evidence to determine whether the settlement terms represent a fair and reasonable resolution of the dispute.
MJ Lehrburger Procedures for Settlement Conferences 2021.docx ATTENDANCE ACKNOWLEDGMENT FORM FOR APPEARANCE AT SETTLEMENT CONFERENCE BEFORE MAGISTRATE JUDGE ROBERT W. LEHRBURGER CASE NAME:_________________________________________________________________ DOCKET #: __________________________________________________________________ I represent the: □ Plaintiff □ Defendant □ Other:________________________________ □ I certify that I am attending a settlement conference at : __.m. on _______, 20, □via Microsoft Teams. □in Courtroom 18D, United States Courthouse, 500 Pearl Street, New York, NY.
My name and the name of any co-counsel who will attend the conference with me are:
□ I certify that my client is, or will be accompanied by, the person for my client with final, unlimited authority for approving any settlement; that is, the person with authority to settle without having to obtain the approval of any other person.
The name and title of the individuals from my client are:
□ If the conference is to be held in person at the courthouse, I certify that I have obtained the Court’s permission for the following individual(s) who live(s) more than 100 miles from New York City to participate in the conference by telephone:
□ I certify that I have read both the Court’s order scheduling this conference and the Settlement Procedures for Magistrate Judge Lehrburger.
Dated:__________
Attorney Signature
Print Attorney’s Name
Electronic Devices Instructions
INSTRUCTIONS FOR ATTORNEYS FOR BRINGING ELECTRONIC DEVICES TO COURT ROBERT W. LEHRBURGER, UNITED STATES MAGISTRATE JUDGE
Chambers Courtroom 500 Pearl Street, Room 1960 500 Pearl Street, Room 18D United States Courthouse United States Courthouse New York, NY 10007 Southern District of New York
New York, New York 10007 Lehrburger_NYSDChambers@nysd.uscourts.gov
Pursuant to Standing Order M10-468, electronic devices such as cellphones, laptops, and tablets are not permitted during proceedings before this Court. Electronic devices are typically stored with court security before attorneys may proceed into the courthouse.
Under exceptional circumstances, however, an attorney may seek permission from Judge
Lehrburger to bring an electronic device on a particular occasion when doing so would advance
the proceedings before the Court. In such an event, an attorney may fill out the “Fillable Form for
Electronic Devices General Purpose,” available on the Southern District’s form database
at https://nysd.uscourts.gov/sites/default/files/2018-06/Fillable%20Form%20for%20Electronic%
20Devices%20General%20Purpose%20.pdf.
The completed form should be emailed to chambers at the address above, and Chambers will then send the order to the District Executive’s Office, which will be transmitted to court security.
As of July 15, 2019
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