Judge Lewis J. Liman — United States District Court, Southern District of New York

Case Management Plan and Scheduling Order

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Plaintiff(s),

-v-

Defendant(s).

X : : : : : : : : : : : X

-cv-____ (LJL)

CASE MANAGEMENT PLAN AND SCHEDULING ORDER

LEWIS J. LIMAN, United States District Judge:

This Civil Case Management Plan and Scheduling Order is submitted by the parties in accordance with Federal Rule of Civil Procedure 26(f)(3):

All parties [consent _____ / do not consent _____] to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c).
The parties are free to withhold consent without adverse substantive consequences. [If all parties consent, the remaining paragraphs need not be completed. Instead, within three (3) days of submitting this Proposed Case Management Plan and Scheduling Order, the parties shall submit to the Court a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge, available at https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf]

The parties [have ____ / have not _____] conferred pursuant to Federal Rule of Civil Procedure 26(f).

The parties [have ____ / have not _____] engaged in settlement discussions.

Any motion to amend or to join additional parties shall be filed no later than _________________________. [Absent exceptional circumstances, a date not more than thirty (30) days following the initial pretrial conference.] Note: Pursuant to Paragraph 3(C) of the Court’s Individual Practices in Civil Cases, the Court will deny a motion to dismiss as moot, without prior notice to the parties, if a plaintiff amends its pleading without objection from the defendant. The moving party may then (a) file an answer or (b) file a new motion to dismiss. In the event the moving party wishes to rely on its initially filed memorandum of law, the party may so indicate in its motion to dismiss the amended pleading and need not file the memorandum of law again.

Pursuant to Paragraph 2(K) of the Court’s Individual Practices in Civil Cases, parties may extend the deadlines set forth in Local Civil Rule 6.1 by an agreed-upon schedule, which shall govern as long as it is disclosed to the Court in a letter accompanying the initial motion. The parties should discuss any anticipated motion in advance of the Initial Pretrial Conference and should come prepared to discuss a proposed briefing schedule for any anticipated motion.

Initial disclosures pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure shall be completed no later than _________________________. [Absent exceptional circumstances, a date not more than fourteen (14) days following the initial pretrial conference.]

All fact discovery is to be completed no later than __________________________. [A date not more than one hundred twenty (120) days following the initial pretrial conference, unless the Court finds that the case presents unique complexities or other exceptional circumstances.]

The parties are to conduct discovery in accordance with the Federal Rules of Civil Procedure and the Local Rules of the Southern District of New York. The following interim deadlines may be extended by the parties on consent without application to the Court, provided that the parties meet the deadline for completing fact discovery set forth in Paragraph 6 above.

a. Initial requests for production of documents shall be served by ______________.

b. Interrogatories pursuant to Rule 33.3(a) of the Local Rules of the Southern District of New York shall be served by _____________________. [Absent exceptional circumstances, a date not more than thirty (30) days following the initial pretrial conference.] No Rule 33.3(a) interrogatories need to be served with respect to disclosures automatically required by Federal Rule of Civil Procedure 26(a).

c. Unless otherwise ordered by the Court, contention interrogatories should be served consistent with Rule 33.3(c) of the Local Rules of the Southern District of New York.

d. Depositions shall be completed by _______________.

e. Requests to Admit shall be served no later than _______________.

All expert discovery, including disclosures, reports, rebuttal reports, production of underlying documents, and depositions shall be completed by _____________________. [Absent exceptional circumstances, a date forty-five (45) days from the completion of fact discovery.]

All discovery shall be completed no later than _______________.

The proposed joint pretrial order shall be submitted on ECF in accordance with the Court’s Individual Practices in Civil Cases and Federal Rule of Civil Procedure 26(a)(3) no later than ____________________.

[To be filled in by the Court] A post-discovery status conference shall be held on: ___________________ at _______ . By default, this conference is conducted in-person in Courtroom 15C, 500 Pearl Street.
A joint letter updating the Court on the status of the case shall be filed on ECF by one week prior to the status conference. The letter must be no more than three (3) single spaced pages and should include the following information in separate paragraphs:

(1) all existing deadlines, due dates, and/or cut-off dates;

(2) a brief description of any outstanding motions;

(3) a brief description of the status of discovery and of any additional discovery that remains to be completed;

(4) the status of settlement discussions;

(5) the anticipated length of trial and whether the case is to be tried to a jury;

(6) whether the parties anticipate filing motions for summary judgment; and any other issue that the parties would like to address at the pretrial conference or any other information that the parties believe may assist the Court.

Any motion for summary judgment must be filed no later than _______________. [Absent exceptional circumstances, a date fourteen (14) days from the completion of all discovery.]

Privileged Materials and Trial Preparation Materials

a. [If and as applicable] The parties shall meet and confer with respect to Fed. R. Civ. P. 26(b)(5)(A) and Local Civil Rule 26.2 no later than ________________.

[In general, parties are encouraged to exchange privilege logs or other means of identifying withheld materials concurrently with, or as promptly as practicable following, each production. In accordance with Local Civil Rule 26.2(c), parties are also encouraged to identify and use efficient methods for the exchange of such information, including as appropriate, the use of document-by-document, categorical, or metadata privilege logs.]

This case [is ____ / is not _____] to be tried to a jury.

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

[To be completed by the Court] The trial date is _______ at _______. The deadlines for trial motions are as follows:

a. Motions in Limine ________________ .

b. Proposed Voir Dire ________________ .

c. Proposed Jury Instructions ___________ .

Absent adjustment, responses are due one week after the motion is filed.

Counsel for the parties propose the following alternative dispute resolution mechanism for this case:

a. _____ Immediate referral to a Magistrate Judge for settlement discussions.

b. _____ Immediate referral to the Southern District’s Mediation Program.

c. _____ Referral to the assigned Magistrate Judge for a settlement conference [during/after] the close of [fact/expert/all] discovery.

d. _____ Referral to the District’s Mediation Program for a settlement conference [during/after] the close of [fact/expert/all] discovery.

e. _____ Retention of a private mediator.

The use of any alternative dispute resolution mechanism does not stay or modify any date in this Order.

Other issues to be addressed at the Initial Pretrial Conference, including those set forth in Federal Rule of Civil Procedure 26(f)(3), are set forth below.

Counsel for the Parties:

Dated:

New York, New York

LEWIS J. LIMAN United States District Judge

Individual Practices in Civil Cases

Effective: April 7, 2025

INDIVIDUAL PRACTICES IN CIVIL CASES Lewis J. Liman, United States District Judge

Chambers

Courtroom United States District Court

500 Pearl Street Southern District of New York Courtroom 15C 500 Pearl Street, Room 1620 Matthew Fishman, Courtroom Deputy New York, NY 10007 (212) 805-0161 LimanNYSDChambers@nysd.uscourts.gov

Teleconference Line (646)-453-4442, access code 358639322 (#)

Website https://www.nysd.uscourts.gov/hon-lewis-j-liman

Pro Se Intake Unit’s Mailing Address Pro Se Intake Unit
Daniel Patrick Moynihan United States District Courthouse
500 Pearl Street
New York, NY 10007

Pro Se Intake Unit’s Physical Address Pro Se Intake Unit Thurgood Marshall United States District Courthouse, Room 105 40 Foley Square New York, NY 10007

Unless otherwise ordered by Judge Liman, these Individual Practices apply to all civil matters, including pro se cases. If a case has been referred to a magistrate judge for general pretrial purposes, the magistrate judge’s practices will control with respect to all matters within the scope of the referral. In cases designated to be part of a pilot project or plan (including the protocols set forth in Local Civil Rule 83.10), the procedures in such project or plan shall govern to the extent that they are inconsistent with these Individual Practices.

A Note to Pro Se Parties (Individuals Not Represented by Counsel):
Unless otherwise indicated, the practices below apply to every party before the Court. However, as indicated throughout, pro se parties—those individuals not represented by counsel—are excepted from certain requirements otherwise set forth. Pro se parties should note, in particular, the pro se rules for communicating and filing papers with the Court set forth in Paragraphs 1(I) and 2(O).

Pro se parties are required to maintain their current mailing address on the docket at all times and must notify the Court of any change of address by letter filed pursuant to Paragraphs 1(I) and 2(O) below. Failure to notify the Court of a change of address may result in dismissal of a case brought by a pro se party.

Pro se parties should be advised that there is a Pro Se Law Clinic available to assist unrepresented parties in civil cases. The Clinic may be able to provide a non-incarcerated pro se party with advice in connection with their case. The Pro Se Law Clinic is run by a private organization called the City Bar Justice Center; it is not part of, or run by, the Court (and, among other things, therefore cannot accept filings on behalf of the Court, which must still be made by any unrepresented party through the Pro Se Intake Unit). Litigants in need of legal assistance should complete the City Bar Justice Center’s intake form to make an appointment. If a litigant has questions about the intake form or needs to highlight an urgent deadline already disclosed in the form, the clinic can be contacted by phone (212-382-4794) or email (fedprosdny@nycbar.org). In-person appointments in the Thurgood Marshall Courthouse are available Monday through Thursday, 10am to 4pm. Appointments are also available remotely Monday through Friday, 10am to 4pm.

Parties proceeding pro se without electronic filing privileges are permitted to submit filings by email to prose@nysd.uscourts.gov. Pro se parties may also submit documents by regular mail or in person at the drop box located at the U.S. Courthouses in Manhattan (500 Pearl Street) and White Plains (300 Quarropas Street). Pro se parties are also encouraged to consent to receive all court documents electronically. A consent to electronic service form is on the S.D.N.Y. website, available at https://nysd.uscourts.gov/sites/default/files/2018-06/proseconsentecfnotice-final.pdf.
For more information, please visit the “Representing Yourself in Federal Court (Pro Se)” webpage, available at https://www.nysd.uscourts.gov/prose.

1. Communications with Chambers A. No Paper Submissions Absent Undue Hardship. No papers, including courtesy hard copies of any filing or document, may be submitted to Chambers unless specifically ordered by the Court or otherwise permitted by these Individual Practices.
   All documents must be filed on ECF or, if permitted or required under the Court’s Individual Practices, emailed to LimanNYSDChambers@nysd.uscourts.gov.

In the event that a party or counsel is unable to submit a document electronically— either by ECF or email—the document may be mailed to the Court. To the maximum extent possible, however, this means of delivery should be avoided. B. Letters. Except as otherwise provided below, all communications with Chambers shall be by letter. All letters shall be filed on ECF in text-searchable form and should not exceed three single-spaced pages in length. Letters seeking relief should be filed on ECF as letter-motions in accordance with Paragraph 1(C) below.

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).

C. Letter-Motions. Letter-motions may be filed when permitted by the S.D.N.Y. Local Rules and the S.D.N.Y. Electronic Case Filing Rules and Instructions. Motions to amend a case management plan and scheduling order, to file papers under seal or in redacted form, to compel discovery, or for a protective order or confidentiality order may be made by letter-motion. Motions to quash or modify a subpoena pursuant to Fed R Civ P. 45(d)(3) or for contempt pursuant to Fed R Civ P. 45(g) should be made by formal motion. Letters seeking relief should be filed on ECF as text-searchable letter-motions.

Any party wishing to file a letter-motion shall include in the letter-motion a statement that it first attempted to confer in good faith with the opposing parties, in person or by telephone, in an effort to resolve the dispute. The letter-motion should not indicate the content of the meet-and-confer unless independently relevant.

If a letter-motion has consent of all opposing parties, the letter-motion should prominently so indicate. If it does not, any opposing party should submit a letter setting forth its position not later than two business days after the initial letter-motion is filed. D. Requests for Adjournments or Extensions of Time. All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions, and should state: (1) the original date(s); (2) the number of previous requests for adjournment or extensions of time; (3) whether these previous requests were granted or denied; (4) whether the opposing parties consent, and, if not, the reasons given by the opposing parties for refusing to consent; and (5) the date of the parties’ next scheduled appearance before the Court.

If the requested adjournment or extension affects any other scheduled dates, any non-pro se party moving for relief must attach a proposed revision to the Case Management Plan and Scheduling Order. A pro se party may, but is not required to, submit a proposed revision to the Case Management Plan and Scheduling Order.
Requests for extensions of deadlines regarding a matter that has been referred to a magistrate judge shall be directed to that magistrate judge.

If the requested adjournment or extension affects the Case Management Plan and Scheduling Order, such request must comply with the requirements set forth in Paragraph 3(A) below.

Any request should be made at least two business days prior to the deadline or scheduled appearance. E. Telephone Calls. Except as set forth elsewhere in these Individual Practices, telephone calls to Chambers should be reserved only for urgent matters requiring immediate attention that cannot be answered by reference to the Court’s prior orders in the case, these Individual Practices, the S.D.N.Y. Local Rules, or the Federal Rules of Civil Procedure.

F. Faxes. Faxes to Chambers are not permitted without prior permission. G. Hand Deliveries. Nothing may be hand delivered absent advanced permission.

Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance of the Daniel Patrick Moynihan United States District Courthouse at 500 Pearl Street, New York, NY 10007 and may not be brought directly to Chambers.
Hand deliveries are continuously retrieved from the Worth Street entrance by Courthouse mail staff and then forwarded to Chambers. If the hand-delivered letter is urgent and requires the Court’s immediate attention, ask the Court Security Officers to notify Chambers that an urgent package has arrived that needs to be retrieved by Chambers staff immediately. H. Urgent Communications. As a general matter, the Court reviews materials filed via ECF at the latest on the business day after they have been filed. If a submission requires immediate attention, please notify Chambers by telephone and by email after filing it on ECF. The email should include (1) the word “URGENT” in the subject line; (2) the case name and case number; (3) a brief description of the nature of the urgent issue; and (4) a telephone number at which the party (and any other relevant parties) can be reached. I. Communications by a Pro Se Party.
Unless a pro se party is approved for ECF filing pursuant to Paragraph 2(O), all communications with the Court by a pro se party must be sent to the Pro Se Intake Unit at the following mailing address: Pro Se Intake Unit
Daniel Patrick Moynihan United States District Courthouse
500 Pearl Street
New York, NY 10007 or delivered in person to the Pro Se Intake Unit at the following physical address: Pro Se Intake Unit Thurgood Marshall United States District Courthouse, Room 105 40 Foley Square New York, NY 10007. No documents or court filings should be sent directly to Chambers. Copies of correspondence between a pro se party and opposing parties shall not be sent to the Court. Any questions should be directed to the Pro Se Intake Unit at (212) 805-0175; pro se parties may not call the Court directly except as provided in Paragraph 1(E).
Unless the Court orders otherwise, all communications with the Court by a pro se party will be docketed upon receipt; such docketing shall constitute service on any user of the ECF system. If any other party is not a user of the ECF system (e.g., if there is another pro se party in the case), a pro se party must send copies of any filing

to that party and include an Affidavit of Service or other statement affirming that it has done so.
J. Communications by a Party Opposing a Pro Se Party. Communications with the Court and all ECF filings by a represented party in a pro se case must be accompanied by an Affidavit of Service affirming that the pro se party was served with a copy of the communication. 2. All Filings
A. ECF. In accordance with the S.D.N.Y. Electronic Case Filing Rules and Instructions, counsel must register promptly as ECF filers and enter appearances. Instructions are available on the S.D.N.Y. website at https://nysd.uscourts.gov/electronic-case-filing.
Counsel are responsible for updating their contact information on ECF as needed.
The Court expects that counsel will check the docket sheet regularly, regardless of whether they receive an ECF notification of case activity. B. Filing of Motion Papers. Motion papers shall be filed promptly after service. They should not include a return date.
C. Text-Searchable Submissions. All documents (e.g., motions, briefs, and letters) filed by parties on ECF must be in text-searchable format. Exhibits filed on ECF should be in text-searchable format, where possible. A text-searchable document may be created by converting the document electronically to .pdf by computer (that is, not by scanning a pre-existing document). If a .pdf is created by scanning a pre-existing document (for instance, in the case of a pre-existing documentary exhibit), the party should use software to make the document text-searchable where possible. D. Attachments. Exhibits must be filed as attachments to the main document. Each attachment must be clearly titled in the ECF entry so the subject of the exhibit is clear pursuant to Sections 5.1 and 13.3 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. For example: NOTICE OF REMOVAL (Attachments: #1 State Court Complaint, #2 State Court Summons), not NOTICE OF REMOVAL (Attachments: #1 Ex. 1, #2 Ex. 2). E. Related and Consolidated Cases. After an action has been accepted as related to a prior filing, all future court papers and correspondence must contain the docket number of the new filing as well as the docket number of the case to which it is related (e.g., 12-cv-1234 [rel. 11-cv-4321]). After two or more actions have been consolidated for all purposes under a single docket number pursuant to Rule 42(a)(2) of the Federal Rules of Civil Procedure, all future court papers and correspondence should be filed only in the docket under which the cases have been consolidated and should reference only that docket number.
F. Pre-Motion Letters and Conferences in Civil Cases. Absent order of the Court, neither pre-motion letters nor pre-motion conferences are required.

G. Protective Orders. All parties wishing to propose a protective order must submit a proposed protective order that conforms as closely as possible with the Court’s Model Protective Order, which is available on Judge Liman’s website. The proposed protective order must be accompanied by a cover letter that states whether the parties have adopted, without alteration, the Court’s Model Protective Order or whether the parties have made alterations. Any changes must be reflected in a redline that should be filed as an exhibit to the proposed protective order. H. Redactions and Filing Under Seal i. Redactions/Sealing Not Requiring Court Approval. Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court.
ii. Redaction/Sealing Requiring Court Approval. Except for redactions permitted by Paragraph 2(H)(i), all redactions require Court approval. To be approved, redactions must be narrowly tailored to serve whatever purpose justifies them and otherwise consistent with the presumption in favor of public access to judicial documents. See, e.g., Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119–20 (2d Cir. 2006). In general, the parties’ consent or the fact that information is subject to a confidentiality agreement (or protective order) between litigants is not, by itself, a valid basis to overcome the presumption in favor of public access to judicial documents. See, e.g., In re Gen. Motors LLC Ignition Switch Litig., 2015 WL 4750774, at *4 (S.D.N.Y. Aug. 11, 2015).

A party seeking to file a document with redactions or under seal must follow the procedures set forth in Attachment A (see pages 16–17 of these Individual Practices). I. Memoranda of Law. The Court does not impose page limitations on memoranda of law. The parties should agree upon reasonable page limits for principal briefs and reply briefs, exercising their sound judgment so as not to unnecessarily burden the Court. If parties are unable to agree, memoranda in support of and in opposition to motions are limited to 25 pages while reply memoranda are limited to 10 pages.
Memoranda of more than 10 pages shall contain a table of contents and table of authorities. The Court reserves the right to impose page limits at any point if parties do not appropriately exercise the latitude afforded under this rule. J. Unpublished Cases. Westlaw citations should be provided, if available, to cases not available in an official reporter. A party must provide a copy of any decision it cites that is not found in an official reporter or accompanied by a Westlaw citation. K. Briefing Schedule on Motions. The parties may extend the deadlines set forth in Local Civil Rule 6.1 by an agreed-upon schedule, which, unless the Court orders otherwise, shall govern as long as such schedule is disclosed to the Court in a letter or

in the memorandum accompanying the initial motion. Any extensions should be sought pursuant to the procedures set forth in Paragraph 1(D). The following special rules for the timing of motion filings in pro se cases apply: unless otherwise ordered by the Court, papers filed in opposition to a motion in a pro se case must be served and filed within four weeks of service of the motion papers, and reply papers, if any, must be served and filed within two weeks of receipt of opposition papers. L. Courtesy Copies. Do not send courtesy copies unless directed by the Court. M. Oral Argument. Parties may request oral argument in their moving or opposing papers. The Court will determine whether argument will be heard and, if so, will advise counsel of the argument date. The Court may sua sponte order parties to appear for oral argument on any motion. N. Submission of Large Electronic Files. The Court has a file transfer protocol for the safe electronic transmission of large files. If a party needs to submit large files by email (as opposed to ECF), the party should email the Court (at LimanNYSDChambers@nysd.uscourts.gov) requesting a link to be used for such transfer. The email should include the name and docket number of the case and the nature and size of the materials to be submitted electronically. O. In a Pro Se Case. Any pro se party that wishes to participate in electronic case filing (“e-filing”) must file a Motion for Permission for ECF (available at https://nysd. uscourts.gov/sites/default/files/2019-04/2012-prosemotionecffiling-final.pdf and in the Pro Se Intake Unit). If the Court grants a motion to participate in “e-filing,” that party will not receive hard copies of any document filed electronically via ECF.

In the event that a pro se party is not participating in e-filing, and notwithstanding anything in the foregoing Individual Practices to the contrary, all papers to be filed with the Court by a pro se party shall be sent to the Pro Se Intake Unit at the following mailing address: Pro Se Intake Unit Daniel Patrick Moynihan United States District Courthouse 500 Pearl Street New York, NY 10007

or delivered in person to the Pro Se Intake unit at the following physical address: Pro Se Intake Unit Thurgood Marshall United States District Courthouse, Room 105 40 Foley Square New York, NY 10007.

3. Specific Types of Filings

A. Motions to Amend Case Management Plan and Scheduling Order. Any motion to amend the Case Management Plan and Scheduling Order shall be accompanied by a letter identifying with particularity why “good cause” exists for such amendment.
See Fed. R. Civ. P. 16(b)(4) (“A schedule may be modified only for good cause and with the judge’s consent.”). The letter must “describ[e] what discovery [the moving party] conducted in the time period originally scheduled and [whether] there are circumstances that were not foreseen at the time of the order sought to be modified.” Furry Puppet Studio Inc. v. Fall Out Boy, 2020 WL 4978080, at *1 (S.D.N.Y. Feb. 24, 2020). “The movant should also set forth the remaining discovery to be conducted, why it is important and could not have been conducted earlier, why the requested time (and not some lesser time) is necessary, how allowing additional time would contribute to ‘the just, speedy, and inexpensive determination’ of the matter, and any prejudice it would suffer if a modification is not made.” Id. (quoting Fed. R. Civ. P. 1). Parties should consult Furry Puppet Studio for further description of the “good cause” standard. As explained therein, the following factors do not provide a basis for relief: “carelessness, an attorney’s otherwise busy schedule, or a change in litigation strategy.” Id. B. Motions for Preliminary Injunction. The Court generally follows the procedure for the conduct of non-jury trials described in Paragraph 5(C). That is, parties must submit any documentary exhibits, declarations, and/or affidavits in support of or in opposition to such motions at the time they submit their legal memoranda in support of or in opposition to such motions.
C. Motions to Dismiss. Amendment as of right is permitted pursuant to Federal Rule of Civil Procedure 15(a)(1)(B). If the plaintiff amends its pleading, absent objection by a defendant, the Court will deny the motion to dismiss as moot, without prior notice to the parties. The moving party may then (a) file an answer or (b) file a new motion to dismiss. In the event the moving party wishes to rely on its initially filed memorandum of law, the party may so indicate in its motion to dismiss the amended pleading and need not file the memorandum of law again. D. Motions for Summary Judgment. The deadline for the latest date to submit motions for summary judgment will be set at the Initial Pretrial Conference or at the Post-Discovery Status Conference.
i. Rule 56.1 Statements. Counsel for a party moving for summary judgment shall provide all other parties with an electronic copy, in word processing format, of the moving party’s Statement of Material Facts Pursuant to Local Rule 56.1. Counsel for opposing parties must reproduce each entry in the moving party’s Rule 56.1 Statement and set out the opposing party’s response directly beneath it. The opposing party need not but may file its own additional Statement of Material Facts. To streamline the summary judgment briefing process, the Court strongly encourages the parties to negotiate and submit a Joint Rule 56.1 Statement setting out all facts as to which the parties agree.

Parties should not incorporate the Rule 56.1 Statement by reference in their memoranda of law as a substitute for a statement of all material facts.
Rather, the memorandum of law itself, which should comply with Paragraph 2(I), must set forth all material facts in a fact section. Each factual assertion should cite (with specific page and/or paragraph numbers) to declarations, affidavits or other documents that have been separately filed. Factual assertions contained within other sections of the memorandum also must be followed by a citation to documents in the record. As set forth in Paragraph 2(D) of these Individual Practices and Sections 5.1 and 13.3 of the S.D.N.Y. Electronic Case Filing Rules and Instructions, exhibits must be filed as attachments to the main document, and each attachment must be clearly titled in the ECF entry so the subject of the exhibit is clear.
For example: DECLARATION of Counsel in Support re: 50 MOTION for Summary Judgment (Attachments: #1 Exhibit A (Emails 9/10/19), #2 Exhibit B (Franchise Agreement), #3 Exhibit C (5/27/20 Letter), #4 Exhibit D (Deposition Excerpt)).
Not: DECLARATION of Counsel in Support re: 50 MOTION for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D). Under Local Civil Rule 56.1, failure to submit a separate, short and concise statement, in numbered paragraphs, of material facts as to which the moving party contends there is no genuine issue to be tried may constitute grounds for denial of the motion. L.R. 56.1(a). Each numbered paragraph in a Rule 56.1 Statement must be followed by citation to evidence which would be admissible. L.R. 56.1(d). Each numbered paragraph in a Rule 56.1 Statement will be deemed to be admitted for purposes of the motion unless specifically controverted by a correspondingly numbered paragraph in the statement of the opposing party. L.R. 56.1(c). ii. Exception for Pro Se Parties. A pro se party moving for summary judgment is required to file with the Court a Statement of Material Facts Pursuant to Local Rule 56.1, but it need not be provided in word processing format, nor need it be provided to any other party.
E. Default Judgments. A plaintiff seeking a default judgment must proceed by way of a Motion for Default Judgment pursuant to the procedure set forth in Local Civil Rules 55.1 and 55.2. A plaintiff seeking a default judgment should not proceed by order to show cause.

F. Bankruptcy Appeals. Briefs must be submitted in accordance with Federal Rules of Bankruptcy Procedure 8009 and 8010. Counsel may extend the default deadlines by stipulation submitted to the Court no later than two business days before the brief is due. G. Applications for Temporary Restraining Orders (“TROs”). Parties intending to file applications for TROs or other emergency relief must send all of their papers (in text-searchable .pdf format) to Chambers by email. The email should also include (1) the word “URGENT” in the subject line; (2) a telephone number at which the party (and any other relevant parties) can be reached; and (3) the relevant parties’ available for a teleconference in the next few days. As noted above, parties should not hand-deliver any documents without advance permission. 4. Conferences
A. Teleconferences. Unless otherwise ordered by the Court, all conferences and proceedings in civil cases will be held by telephone. The parties should call the Court’s dedicated conference line at 646-453-4442 and enter the conference ID 358639322, followed by the pound (#) key. i. Decorum and Protocol. Parties are expected to treat teleconferences as they would treat any public court appearance. If another conference or hearing is ongoing, parties shall remain silent (mute the line) until their case is called.

When speaking during a conference held by telephone, parties should identify themselves each time prior to speaking.

Phones should be placed on mute when not speaking to eliminate background noise.

Whenever possible, parties are encouraged to use a landline and to use a handset rather than speakerphone.

Parties are reminded that interrupting will likely render both speakers unintelligible. ii. Record. All teleconference participants are hereby on notice that the Court may be recording teleconferences via audio file and/or through the service of a court reporter participating telephonically. iii. Notice Obligation. With the sole exception of pro se litigants, each party is responsible for ensuring that every other party is aware that the conference will proceed telephonically. B. Initial Pretrial Conference. The Notice of Initial Pretrial Conference will be docketed on ECF. If all parties are represented, plaintiff’s counsel (or, in a matter

removed from state court, defense counsel) must notify all counsel of the Notice and must alert the Court via letter-motion two business days in advance of the scheduled time if the conference needs rescheduling. Such letter-motion should include three proposed alternative times. However, the Court reserves the right to set the conference on a date and time convenient to the Court without regard to the requested alternative times. If there is a combination of represented and pro se parties, the represented parties shall take responsibility to notify any pro se parties. If all parties are pro se, there is no responsibility for any party to notify another.

All Initial Pretrial Conferences will be held via teleconference unless the Court directs otherwise. Parties may request an in-person Initial Pretrial Conference by submitting a letter-motion in accordance with Paragraph 1(C) no later than one week before the date of the conference.

As a general matter, a court reporter will not be present for Initial Pretrial Conferences unless a party requests one via letter-motion no later than one week before the date of the conference. The Notice of Initial Pretrial Conference will direct the parties, inter alia, to jointly submit on ECF at least one week before the conference a proposed Case Management Plan and Scheduling Order, available on Judge Liman’s website at https://www.nysd.uscourts.gov/hon-lewis-j-liman. The proposed joint Case Management Plan and Scheduling Order should include responses on which the parties have been able to reach agreement. Parties may submit alternative proposals for areas on which they cannot agree. In addition to the matters set forth in Federal Rule of Civil Procedure 16, counsel for all parties should be prepared at the Initial Pretrial Conference to describe the case, any contemplated motions, and the prospect for settlement. The Court encourages parties to discuss contemplated motions with one another prior to the Initial Pretrial Conference. If the dates requested in the proposed Case Management Plan and Scheduling Order differ from the default rules (as listed in italics in the Case Management Plan and Scheduling Order, available on Judge Liman’s website), the parties shall identify by cover letter, submitted simultaneously with the Case Management Plan and Scheduling Order, each such difference and the reasons for it.
C. Discovery Disputes in Non-Pro Se Cases. Notwithstanding Local Rule 37.2, discover disputes shall be governed by the following procedures. Any party wishing to raise a discovery dispute with the Court must first attempt to confer in good faith with the opposing party, in person or by telephone, to try and resolve the dispute. If, after attempting to meet and confer, the dispute has not been resolved, any party may file a letter-motion on ECF, no longer than three single-spaced pages, explaining the nature of the dispute and the relief requested. Such letter shall include a certification that it has, in good faith, conferred or attempted to confer with the party failing to make disclosure or discovery pursuant to Federal Rule of Civil Procedure 37(a)(1). If the opposing party wishes to respond to the letter-motion, the opposition (which should take the form of a letter, not to exceed three single-spaced pages) must be filed

on ECF within two business days. Counsel should be immediately prepared to discuss with the Court the matters raised by such letters, as the Court will seek to resolve discovery disputes quickly by order, conference, or telephone. The Court may seek such resolution before any opposition is submitted. Counsel is expected to be available to meet and confer within 48 hours of receiving a request from the initiating party. If counsel for the non-moving party fails to meet and confer within 48 hours of a request, then counsel for the moving party will be deemed to have satisfied the obligation to attempt in good faith to meet and confer and may file the letter on ECF referred to in the paragraph above. The non-moving party should be aware that, if it has failed to meet and confer, the Court will reserve its discretion to permit the moving party a short reply. D. Discovery Disputes in Pro Se Cases. Any party wishing to raise a discovery dispute with the Court must first attempt to confer in good faith with the opposing party, in person or by telephone, to try and resolve the dispute. If the parties are unable to resolve the dispute, or if, after attempting to meet and confer, the non-moving party is unavailable to meet and confer, the moving party may file a letter-motion requesting an informal conference. The letter-motion should explain the nature of the dispute and set forth the efforts made to meet and confer and the reasons they were unsuccessful. 5. Trial Procedures
A. Joint Pretrial Order. The Court will set a date for the Joint Pretrial Order at the Initial Pretrial Conference or at the Post-Discovery Status Conference. In a non-pro se case, the Order shall include the following: i. The full caption of the action, as the parties wish it to appear on all trial documents; ii. The names, law firms, addresses, telephone numbers, and email addresses of trial counsel; iii. A brief statement by the plaintiff (or, in a removed case, by the 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 shall include citations to all statutes relied on and any relevant facts as to citizenship and jurisdictional amount; iv. A brief summary by each party of the claims and defenses that the party asserts remain to be tried, including citations to any statutes on which the party relies. Such summaries shall also identify all claims and defenses previously asserted which are not to be tried. The summaries should not recite any evidentiary matter; v. A statement as to the number of trial days needed and whether the case is to be tried with or without a jury;

vi. A joint statement summarizing the nature of the case, to be read to potential jurors during jury selection; vii. A list of people, places, and institutions that are likely to be mentioned during the course of the trial, to be read to potential jurors during jury selection;
viii. A statement as to whether all parties have consented to trial by a magistrate judge, without identifying which parties do or do not consent.
In a jury case, the parties should memorialize any such stipulations or agreed statements of fact or law in a standalone document that can be marked and admitted at trial; ix. A list of all trial witnesses, indicating whether such witnesses will testify in person or by deposition, whether such witnesses will require an interpreter (and, if so, which party will pay the costs for the interpreter), and a brief summary of the substance of each witness’s testimony; x. A designation by each party of deposition testimony to be offered in its case in chief and any counter-designations and objections by any other party; xi. A list by each party of exhibits to be offered in its case in chief, with one asterisk indicating exhibits to which no party objects on any ground. If a party objects to an exhibit, the objection should be noted by indicating the Federal Rule of Evidence that is the basis for the objection. If any party believes the Court should rule on such objection in advance of trial, that party should indicate a notation to that effect (e.g., “Advance Ruling Requested”);
xii. A statement of the damages claimed and any other relief sought, including the manner and method used to calculate any claimed damages and a breakdown of the elements of such claimed damages; and xiii. A statement of whether the parties consent to less than a unanimous verdict. B. Required Pretrial Filings. Each party shall file and serve with the Joint Pretrial Order:
i. In all cases, motions addressing any evidentiary issues or other matters which should be resolved in limine. Absent leave of the Court, each party must file a single memorandum of law, consistent with Paragraph 2(I) above, in support of all motions in limine filed by that party.
ii. In all cases, no pretrial memorandum of law shall be submitted absent express permission from the Court.

iii. In jury cases, joint requests to charge, joint proposed verdict forms, and joint proposed voir dire questions. For any request to charge, portion of a verdict form, or proposed voir dire question on which the parties cannot agree, each party should clearly set forth its proposal and briefly state why the Court should use it, with citations to supporting authority.
iv. In non-jury cases, proposed findings of fact and conclusions of law. The proposed findings of fact should be detailed and should include citations to the proffered trial testimony and exhibits, as there may be no opportunity for post-trial submissions. They should not be argumentative.
At the time of filing, parties should submit copies of these documents to the Court by email (LimanNYSDChambers@nysd.uscourts.gov), both in .pdf format and in word processing format. C. Additional Submissions in Non-Jury Cases. At the time the Joint Pretrial Order is filed, each party shall submit to the Court by email (LimanNYSDChambers@nysd. uscourts.gov) and serve on opposing counsel, but not file on ECF, the following: i. Any affidavits or stipulations that are admissible under the Federal Rules of Evidence and that will be offered as substantive evidence; ii. Any deposition excerpts that will be offered as substantive evidence, as well as a one-page synopsis of those excerpts for each deposition. Each synopsis shall include page citations to the pertinent pages of the deposition transcripts; iii. All documentary exhibits when they are few in number. When documentary exhibits are voluminous or are too large to email, the parties shall submit each documentary exhibit in a labeled file (ex: “PX-1,” “DX- 1,” etc.) under the file transfer protocol as described in Paragraph 2(N).
Irrespective of the method of transfer, all documentary exhibits from each party must also be submitted, when possible, as a consolidated and bookmarked PDF, in addition to individual files. If submission of electronic copies would unduly burden a party, the party may seek leave of Court (by letter-motion filed on ECF) to submit prospective documentary exhibits in hard copy. Hard copies, if expressly permitted by the Court, shall consist of tabbed and indexed three-ring binders; and iv. A document in word processing format listing all exhibits sought to be admitted. The list shall contain four columns labeled as follows: (1) “Exhibit Number”; (2) “Description” (of the exhibit); (3) “Date Identified”; and (4) “Date Admitted.” The parties shall complete the first two columns, but leave the third and fourth columns blank, to be filled in by the Court during trial.

D. Filings in Opposition. Any party may file the following documents within one week after the filing of the Joint Pretrial Order, but in no event less than three days before the scheduled trial date: i. Opposition to any motion in limine; and ii. Opposition to any legal argument in a pretrial memorandum. E. Pretrial Statement in a Pro Se Case. In a pro se case, in lieu of a Joint Pretrial Order, a pro se plaintiff shall file a concise, written Pretrial Statement. This Pretrial Statement need take no particular form, but it must contain the following: (1) a statement of the facts the plaintiff hopes to prove at trial; (2) a list of all documents or other physical objects that the plaintiff plans to put into evidence at trial; and (3) a list of the names and addresses of all witnesses the plaintiff intends to have testify at trial.
The Pretrial Statement must be sworn by the pro se party to be true and accurate based on the facts known by the pro se party. A pro se plaintiff shall file an original of this Pretrial Statement with the Pro Se Intake Unit. Two weeks after service of the pro se party’s Pretrial Statement, counsel for any represented party must file and serve a similar Pretrial Statement containing the same information. 6. Participation by Junior Attorneys, Generally. The Court encourages the participation of less experienced attorneys in all proceedings—including pretrial conferences, hearings on discovery disputes, oral arguments, and examinations of witnesses at trial—particularly where that attorney played a substantial role in drafting the underlying filing or in preparing the relevant witness. Nevertheless, all attorneys appearing before the Court must have authority to bind the parties they represent consistent with the proceedings (for example, by agreeing to a discovery or briefing schedule), and should be prepared to address any matters likely to arise at the proceeding. The ultimate decision of who speaks on behalf of the client is for the lawyer in charge of the case, not for the Court.

Effective: June 1, 2022 ATTACHMENT A

PROCEDURE FOR SEALED OR REDACTED FILINGS All redactions other than those under Federal Rule of Civil Procedure 5.2 require Court approval. The Court will review each proposed redaction individually. To be approved, redactions must be narrowly tailored to serve whatever purpose justifies them and otherwise consistent with the presumption in favor of public access to judicial documents.
See, e.g., Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119–20 (2d Cir. 2006). In general, the parties’ consent or the fact that information is subject to a confidentiality agreement (or protective order) between litigants is not, by itself, a valid basis to overcome the presumption in favor of public access to judicial documents. See, e.g., In re Gen. Motors LLC Ignition Switch Litig., 2015 WL 4750774, at *4 (S.D.N.Y. Aug. 11, 2015).

Letter-motions for approval of redacted or sealed filings and the subject documents, including the proposed sealed document(s), must be filed electronically through ECF in conformity with the Court’s standing order, 19-mc-00583, and S.D.N.Y. Electronic Case Filing Rules and Instructions, Section 6.

File a letter-motion in public view, explaining the particular reasons for seeking to file the document with redactions or under seal. A separate explanation must be provided for each and every portion of the document sought to be redacted (or for why the document in full should be maintained under seal). The letter-motion should not include confidential information sought to be redacted or filed under seal. 2. File the document under seal with the text sought to be redacted highlighted and visible (or otherwise prominently marked so that it is clear what is sought to be redacted).
Electronically relate the sealed document to the letter-motion. The summary docket text will be open to public inspection and should not include confidential information sought to be redacted or filed under seal. The sealed document itself will not be viewable by the public. 3. File the document on the public docket with the confidential information redacted. If seeking to file the document completely under seal because there is a valid basis to overcome the presumption in favor of public access for the entire document, file a placeholder. Electronically relate the document to the letter-motion. 4. Specific Issues a. Multiple Attachments. If a document has a number of attachments, some of which have confidential information and some of which do not (e.g., a declaration with confidential and non-confidential exhibits), in Step 2 above, file the document and all of the attachments under seal, including those that do not have confidential information, but follow Step 3 and file the document on the public docket with only

the confidential information redacted.
b. Confidential Information of Another Party. If a party seeks to file a document with redactions or under seal because the document contains information marked confidential by another party, the letter-motion filed in Step 1 must so indicate and may request that the Court not rule on the letter-motion for one week. The filing party must meet and confer with the party who produced the confidential information (the “Producing Party”). If the Producing Party does not seek to keep that information redacted or under seal, the filing party must so inform the Court by letter to be filed within one week of the letter-motion. If the Producing Party seeks continued redaction or sealing of any materials, the Producing Party shall within one week: i. File a letter-motion in public view, explaining the particular reasons for seeking to keep the document with redactions or under seal, and attach as an exhibit the document with the confidential information redacted.
ii. File the same letter under seal and attach as an exhibit the document with the requested redactions highlighted and visible (or otherwise prominently marked so that it is clear what is sought to be redacted). Failure by the Producing Party to file a letter within one week will constitute grounds for unsealing. If the Court approves the Producing Party’s redactions, the filing party will be ordered to re-file the document with redactions consistent with those proposed by the Producing Party.
c. Non-ECF Filing. Any party unable to comply with the requirements 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 by other means.

Individual Practices in Criminal Cases

Effective: March 17, 2025

INDIVIDUAL PRACTICES IN CRIMINAL CASES Lewis J. Liman, United States District Judge

Chambers

Courtroom United States District Court

500 Pearl Street Southern District of New York Courtroom 15C 500 Pearl Street, Room 701
Matthew Fishman, Courtroom Deputy New York, NY 10007 (212) 805-0161 LimanNYSDChambers@nysd.uscourts.gov

1. Electronic Case Filing (“ECF”) Counsel are required to register for Electronic Case Filing (“ECF”) promptly after being retained or assigned. Counsel can obtain instructions on how to register at https://nysd.us courts.gov/electronic-case-filing.
2. Communications with Chambers A. Initial Pretrial Conference. Upon assignment of a criminal case to Judge Liman, the Assistant United States Attorney (“AUSA”) shall immediately call Chambers to arrange for a prompt conference. The AUSA shall email a courtesy copy of the Indictment and the criminal Complaint, if one exists, to the Court (LimanNYSD Chambers@nysd.uscourts.gov) as soon as practicable. B. Letters. Except for docketing, scheduling and calendar matters, or matters requiring immediate attention, communications with Chambers shall be by text-searchable letter filed on ECF. Letters seeking relief, including requests for extensions, adjournments, or bail modification, should be filed on ECF as letter-motions in accordance with Paragraphs 2(C) and 3(A) below, not as ordinary letters. Parties should not submit courtesy copies of letters filed on ECF. Letters to be filed under seal or containing sensitive or confidential information may be emailed as a text-searchable .pdf attachment to the Court (LimanNYSDChambers @nysd.uscourts.gov) with a copy simultaneously delivered to all counsel. Any such email shall state clearly in the subject line: (1) the caption of the case, including the lead party name and docket number, and (2) a brief description of the contents of the letter. Parties shall not include substantive communications in the body of the email. Letters may not exceed five (5) pages in length. Copies of correspondence between counsel may not be filed on ECF or otherwise sent to the Court (except as exhibits to an otherwise properly filed document). C. Requests for Adjournments or Extensions of Time. All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions in accordance with Paragraph 3(A), not as ordinary letters. (If a request contains

sensitive or confidential information, it may be submitted by email in lieu of being filed electronically.) The letter-motion must state: (1) the original date(s), (2) the number of previous requests for adjournment or extension, (3) whether these previous requests were granted or denied, (4) the reason for the extension or adjournment, (5) whether the adversary consents and, if not, the reasons given by the adversary for refusal to consent, and (6) the date of the parties’ next scheduled appearance before the Court. If a party seeks an exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161, it must confer with the opposing party and indicate in its letter-motion whether the parties consent. The party seeking exclusion must include in its request for adjournment or extension facts that would permit the Court to make an independent finding whether or not to exclude time in conformance with 18 U.S.C. § 3161, and must also submit to the Court by email (LimanNYSDChambers@nysd.uscourts.gov) a proposed order (in Microsoft Word format). Any party opposing the request may file a short reply within two business days in accordance with Paragraph 3(A). Any request for extension or adjournment should be made as early as possible and, absent an emergency, should be made at least 48 hours prior to the deadline, scheduled appearance, or scheduled proceeding. Requests for extensions will ordinarily be denied if made after the expiration of the original deadlines. D. Docketing of Letters. Absent a request to file a letter under seal, the parties should assume that any substantive letter received by the Court that is not filed on ECF will be docketed by the Court. E. Telephone Calls. Except as set forth elsewhere in these Individual Practices, telephone calls to Chambers should be reserved only for questions that cannot be answered by reference to these Individual Practices or the S.D.N.Y. Local Rules, or for urgent matters requiring immediate attention.
F. Urgent Communications. As a general matter, the Court reviews materials filed via ECF the business day after they have been filed. If a submission requires immediate attention, please notify Chambers by telephone after filing it on ECF. G. Hand Deliveries. Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance of the Daniel Patrick Moynihan United States District Courthouse at 500 Pearl Street, New York, NY 10007 and may not be brought directly to Chambers, except by representatives of the United States Attorney’s Office or the Federal Defenders of New York. Hand deliveries are continuously retrieved from the Worth Street entrance by Courthouse mail staff and then forwarded to Chambers. If the hand-delivered letter is urgent and requires the Court’s immediate attention, ask the Court Security Officers to notify Chambers that an urgent package has arrived that needs to be retrieved by Chambers staff immediately. H. Faxes. Faxes to Chambers are not permitted without prior permission.

3. Motions A. Letter-Motions. Letter-motions may be filed via ECF if they comply with the S.D.N.Y. Local Rules and the S.D.N.Y. Electronic Case Filing Rules and Instructions. In particular, in accordance with Paragraph 2(C) above, all requests for adjournments and extensions should be filed as letter-motions. All letter-motions should be text-searchable and may not exceed five (5) pages in length. A courtesy copy should not be provided to Chambers. B. Discovery Motions. In making discovery motions, counsel must comply with S.D.N.Y. Local Criminal Rule 16.1. Any discovery motion must contain the Rule 16.1 affidavit.
4. Defense Counsel A. Benefactor Payments. Whenever defense counsel has received, or is receiving, a benefactor payment that subjects counsel to a conflict of interest, said counsel should inform the Court and request a Curcio hearing in advance of the first conference. B. Other Conflicts. Counsel have an obligation to promptly inform the Court upon learning of any other conflict of interest, whether a potential or an actual conflict, and to request a Curcio hearing if appropriate. C. Substitution of Counsel. When there is a substitution of defense counsel, counsel of record must contact the Courtroom Deputy to schedule a conference as soon as possible. At the conference, the Court will address the application by defense counsel to be relieved. The defendant, replacement counsel, and the AUSA must also attend the conference.
5. Bail Modification / Bail Appeal Any written request for a bail modification shall be filed on ECF as a letter-motion in accordance with Paragraph 3(A) and shall indicate whether the Government and the Pretrial Services Officer consent to the request.
6. Guilty Pleas A. Plea / Cooperation Agreements and Pimentel letters. Where a defendant is pleading guilty pursuant to a plea agreement or a cooperation agreement, a copy of the agreement ordinarily must be received by Chambers at least two business days before the scheduled plea. Where the Government is providing a Pimentel letter, a copy must be received by Chambers at least two business days before the scheduled plea. The Government shall email these documents to the Court (Liman NYSDChambers@nysd.uscourts.gov). The Court requests that, when feasible, the plea or cooperation agreement submitted by the Government be signed by both the defendant and defense counsel.

B. Preparation for Allocution. Prior to the date set for the plea, defense counsel are expected to have reviewed with defendants—if necessary, with the assistance of interpreters—any Pimentel letter or plea, cooperation, or other agreement. Defendants shall be prepared in advance of their pleas by their attorneys to give narrative allocutions that incorporate all elements of the offense(s) to which defendants are pleading. At the plea hearing, defense counsel is permitted—without further request of the Court—but not required to inform the Court of any facts of which it would like the Court to be aware prior to the receipt of sentencing memoranda regarding the character of the defendant or the circumstances of the offense.
7. Trial A. Pretrial Submissions. The Court’s practice is to enter an order scheduling a final pretrial conference and setting deadlines for the submission of proposed voir dire, proposed verdict forms, proposed requests to charge, and any motions in limine. At the time of filing, each party shall submit one courtesy hard copy of these materials to the Court. In addition, each party should email these materials, with the exception of in limine motions, in Microsoft Word format to the Court (LimanNYSD Chambers@nysd.uscourts.gov). The parties need not include proposed language for standard instructions (about, for example, the role of the Court and the jury, the standard of proof, etc.), as the Court is likely to use its own standard instructions; instead, the parties should include a list of standard instructions that they believe are appropriate and focus their attention on case-specific requests to charge. B. Exhibits and Section 3500 Material. At the start of the trial, each of the parties must provide the Court with two (2) hard copies of the exhibit list with a brief description of each exhibit, and binders containing two (2) sets of pre-marked documentary exhibits (and Section 3500 material from the Government), in sequential order separated by numbered tabs. If practicable, the parties shall also submit a CD-ROM containing electronic .pdf copies of all exhibits. C. Jury Selection. The jury will be selected by the struck panel method. 8. Sentencing A. Sentencing Adjournments. Any request for an adjournment of a sentencing should be made as early as possible and should be made no later than 72 hours before the sentencing proceeding, in accordance with Paragraph 2(C) above. Requests made fewer than 72 hours before the sentencing proceeding will be viewed with disfavor. B. Sentencing Submissions. Unless otherwise ordered by the Court, a defendant’s sentencing submission shall be filed and served fourteen (14) days prior to sentencing. The Government’s sentencing submission shall be filed and served seven (7) days prior to sentencing. If a party does not intend to file a substantive sentencing submission, the Court nevertheless requires a written statement to that effect submitted by the date that party’s sentencing submission is due.

C. ECF Filing. Except for submissions to be filed under seal or in redacted form, every document in a sentencing submission, including letters, must be filed on ECF. Letters should be grouped and filed together as attachments to a single document marked SENTENCING SUBMISSION with the caption and docket number clearly indicated. The defendant is responsible for filing all letters submitted on behalf of the defendant, including those from friends and relatives. The Government is responsible for filing all letters from victims. D. Privacy Policy. Unless permission to the contrary has been obtained, every document in a sentencing submission, including letters, shall be filed in the public record. E. Redactions Not Requiring Court Approval. The parties are referred to Federal Rule of Civil Procedure 5.2 and the Southern District’s ECF Privacy Policy (“Privacy Policy”) and reminded not to include, unless necessary, two categories of information that may be redacted from public court filings without prior permission from the Court: “sensitive information” and information requiring “caution.” i. Parties should not include in their public filings, unless necessary, the five categories of “sensitive information” (i.e., social security numbers [use the last four digits only], names of minor children [use the initials only], dates of birth [use the year only], financial account numbers [use the last four digits only], and home addresses [use only the City and State]). ii. Parties may also, without prior Court approval, redact from their public filings the six categories of information requiring caution described in the Privacy Policy (i.e., any personal identifying number, medical records including information regarding treatment and diagnosis, employment history, individual financial information, proprietary or trade secret information, and information regarding an individual’s cooperation with the government). F. Redactions and Sealed Filings Requiring Court Approval. If a party redacts information beyond the eleven categories of information identified in the Privacy Policy, an application to do so must be served and filed at the time the sentencing submission is served. The application should clearly identify the redaction and explain the reasons for the redaction. G. Procedures for Filing Documents with Redactions. Any party seeking to file a document with partial redactions should follow the following three steps: i. ECF Filing of the Redacted Document(s). The party should file the redacted version of the document on ECF. ii. Filing or Emailing of a Letter-Motion Seeking Leave to File with Redactions. If the party is seeking leave of the Court to redact the document (i.e., if the redactions are not among the categories of redactions that can be made without Court approval), the party should simultaneously file on ECF a

letter-motion seeking leave to file the document with those redactions. The letter-motion must explain the purpose of the redactions, and why the redactions are consistent with the standards discussed in Paragraphs 8(E)(i)-(ii) above. (The party should endeavor to draft the letter-motion in a form that can be filed publicly on ECF. If, however, the party believes that the letter-motion itself should be sealed or redacted, the party should include an unredacted copy of the letter-motion as an attachment to the email described in Paragraph 8(G)(iii) below, and—if possible—file a redacted version of the letter-motion on ECF.) iii. Emailing of Documents to Chambers. At the same time, the party should email to Chambers (LimanNYSDChambers@nysd.uscourts.gov) (1) a clean (i.e., unredacted) copy of the document, (2) a copy of the document highlighting the information that has been redacted in the ECF filing, and (3) an unredacted copy of the letter-motion described in Paragraph 8(G)(ii), should the party also be seeking leave to file that letter-motion with redactions or under seal. H. Procedures for Filing Sealed Documents. Any party seeking leave to file under seal an entire submission (with or without exhibits) should not file anything on ECF in the first instance. Instead, the party should email an unredacted copy of the submission to Chambers (LimanNYSDChambers@nysd.uscourts.gov) and should include as an attachment to the email a letter-motion seeking leave to file the document under seal. The letter-motion must explain why sealing is justified in light of the standards discussed in Paragraph 8(E) above. If the party believes that the letter-motion itself should be sealed or redacted, the letter-motion should so state and should provide the justification therefor. The Court will include instructions for filing sealed or redacted versions of the document and accompanying letter-motion, if necessary, in any order disposing of the motion to seal.

Model Protective Order

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Plaintiff(s),

-v-

Defendant(s).

X : : : : : : : : : : : X -cv- (LJL) PROTECTIVE ORDER

LEWIS J. LIMAN, United States District Judge:

WHEREAS all of the parties to this action (collectively, the “Parties,” and individually, a “Party”) request that this Court issue a protective order pursuant to Federal Rule of Civil Procedure 26(c) to protect the confidentiality of certain nonpublic and confidential material that will be exchanged pursuant to and during the course of discovery in this case;
WHEREAS, the Parties, through counsel, agree to the following terms;
WHEREAS, the Parties acknowledge that this Protective Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords only extends to the limited information or items that are entitled, under the applicable legal principles, to confidential treatment; WHEREAS, the Parties further acknowledge that this Protective Order does not create entitlement to file confidential information under seal; and WHEREAS, in light of these acknowledgements, and based on the representations of the Parties that discovery in this case will involve confidential documents or information the public disclosure of which will cause harm to the producing person and/or third party to whom a duty of confidentiality is owed, and to protect against injury caused by dissemination of confidential documents and information, this Court finds good cause for issuance of an appropriately tailored confidentiality order governing the pretrial phase of this action; IT IS HEREBY ORDERED that any person subject to this Protective Order—including without limitation the parties to this action, their representatives, agents, experts and consultants, all third parties providing discovery in this action, and all other interested persons with actual or constructive notice of this Protective Order—shall adhere to the following terms:

Any person subject to this Protective Order who receives from any other person subject to this Protective Order any “Discovery Material” (i.e., information of any kind produced or disclosed pursuant to and in course of discovery in this action) that is designated as “Confidential” pursuant to the terms of this Protective Order (hereinafter “Confidential Discovery Material”) shall not disclose such Confidential Discovery Material to anyone else except as expressly permitted hereunder.
2. The person producing any given Discovery Material may designate as Confidential only such portion of such material the public disclosure of which is either restricted by law or will cause harm to the business, commercial, financial or personal interests of the producing person and/or a third party to whom a duty of confidentiality is owed and that consists of:
(a) previously nondisclosed financial information (including without limitation profitability reports or estimates, percentage fees, design fees, royalty rates, minimum guarantee payments, sales reports, and sale margins);
(b) previously nondisclosed material relating to ownership or control of any non-public company;
(c) previously nondisclosed business plans, product development information, or marketing plans;
(d) any information of a personal or intimate nature regarding any individual; or
(e) any other category of information hereinafter given confidential status by the Court.
3. With respect to the Confidential portion of any Discovery Material other than deposition transcripts and exhibits, the producing person or that person’s counsel may designate such portion as “Confidential” by: (a) stamping or otherwise clearly marking as “Confidential” the protected portion in a manner that will not interfere with legibility or audibility; and (b) producing for future public use another copy of said Discovery Material with the confidential information redacted.
4. With respect to deposition transcripts, a producing person or that person’s counsel may designate such portion as Confidential either by (a) indicating on the record during the deposition that a question calls for Confidential information, in which case the reporter will bind the transcript of the designated testimony (consisting of question and answer) in a separate volume and mark it as “Confidential Information Governed by Protective Order”; or (b) notifying the reporter and all counsel of record, in writing, within 30 days after a deposition has concluded, of the specific pages and lines of the transcript and/or the specific exhibits that are to be designated Confidential, in which case all counsel receiving the transcript will be responsible for marking the copies of the designated transcript or exhibit (as the case may be), in their possession or under their control as directed by the producing person or that person’s counsel by

the reporter. During the 30-day period following the conclusion of a deposition, the entire deposition transcript will be treated as if it had been designated Confidential.
5. If at any time prior to the trial of this action, a producing person realizes that some portion(s) of Discovery Material that she, he, or it had previously produced without limitation should be designated as Confidential, she, he, or it may so designate by so apprising all prior recipients of the Discovery Material in writing, and thereafter such designated portion(s) of the Discovery Material will thereafter be deemed to be and treated as Confidential under the terms of this Protective Order.
6. No person subject to this Protective Order other than the producing person shall disclose any of the Discovery Material designated by the producing person as Confidential to any other person whomsoever, except to:
(a) the Parties to this action, their insurers, and counsel to their insurers;
(b) counsel retained specifically for this action, including any paralegal, clerical and other assistant employed by such counsel and assigned to this matter;
(c) outside vendors or service providers (such as copy-service providers and document-management consultants, graphic production services or other litigation support services) that counsel hire and assign to this matter, including computer service personnel performing duties in relation to a computerized litigation system; (d) any mediator or arbitrator that the Parties engage in this matter or that this Court appoints, provided such person has first executed a Non-Disclosure Agreement in the form annexed as an Exhibit hereto; (e) as to any document, its author, its addressee, and any other person indicated on the face of the document as having received a copy;
(f) any witness who counsel for a Party in good faith believes may be called to testify at trial or deposition in this action, provided such person has first executed a Non-Disclosure Agreement in the form annexed as an Exhibit hereto;
(g) any person retained by a Party to serve as an expert witness or otherwise provide specialized advice to counsel in connection with this action, provided such person has first executed a Non-Disclosure Agreement in the form annexed as an Exhibit hereto;
(h) stenographers engaged to transcribe depositions conducted in this action; and
(i) this Court, including any appellate court, and the court reporters and support personnel for the same.

Prior to any disclosure of any Confidential Discovery Material to any person referred to in subparagraphs 6(d), 6(f) or 6(g) above, such person shall be provided by counsel with a copy of this Protective Order and shall sign a Non-Disclosure Agreement in the form annexed as an Exhibit hereto stating that that person has read this Protective Order and agrees to be bound by its terms. Said counsel shall retain each signed Non-Disclosure Agreement, hold it in escrow, and produce it to opposing counsel either prior to such person being permitted to testify (at deposition or trial) or at the conclusion of the case, whichever comes first.
8. Any Party who objects to any designation of confidentiality may at any time prior to the trial of this action serve upon counsel for the designating person a written notice stating with particularity the grounds of the objection. If the Parties cannot reach agreement promptly, counsel for all Parties will address their dispute to this Court in accordance with Paragraph 1(C) of this Court’s Individual Practices in Civil Cases.
9. Any Party who requests additional limits on disclosure (such as “attorneys’ eyes only” in extraordinary circumstances) may at any time prior to the trial of this action serve upon counsel for the receiving Party a written notice stating with particularity the grounds for the request. If the Parties cannot reach agreement promptly, counsel for all Parties will address their dispute to this Court in accordance with Paragraph 1(C) of this Court’s Individual Practices in Civil Cases. 10. A Party may be requested to produce Discovery Material that is subject to contractual or other obligations of confidentiality owed to a third party. Within two business days of receiving the request, the receiving Party subject to such obligation shall inform the third party of the request and that the third party may seek a protective order or other relief from this Court. If neither the third party nor the receiving Party seeks a protective order or other relief from this Court within 21 days of that notice, the receiving Party shall produce the information responsive to the discovery request but may affix the appropriate controlling designation.
11. Recipients of Confidential Discovery Material under this Protective Order may use such material solely for the prosecution and defense of this action and any appeals thereto, and specifically (and by way of example and not limitations) may not use Confidential Discovery Material for any business, commercial, or competitive purpose. Nothing contained in this Protective Order, however, will affect or restrict the rights of any person with respect to its own documents or information produced in this action. Nor does anything contained in this Protective Order limit or restrict the rights of any person to use or disclose information or material obtained independently from and not through or pursuant to the Federal Rules of Civil Procedure. 12. Nothing in this Protective Order will prevent any person subject to it from producing any Confidential Discovery Material in its possession in response to a lawful subpoena or other compulsory process, or if required to produce by law or by any government agency having jurisdiction, provided, however, that such person receiving a request, will provide written notice to the producing person before disclosure and as soon as reasonably possible, and,

if permitted by the time allowed under the request, at least 10 days before any disclosure. Upon receiving such notice, the producing person will have the right to oppose compliance with the subpoena, other compulsory process, or other legal notice if the producing person deems it appropriate to do so.
13. All persons seeking to file redacted documents or documents under seal with the Court shall follow Rule 2(H) of this Court’s Individual Practices in Civil Cases. No person may file with the Court redacted documents or documents under seal without first seeking leave to file such papers. All persons producing Confidential Discovery Material are deemed to be on notice that the Second Circuit puts limitations on the documents or information that may be filed in redacted form or under seal and that the Court retains discretion not to afford confidential treatment to any Confidential Discovery Material submitted to the Court or presented in connection with any motion, application or proceeding that may result in an order and/or decision by the Court unless it is able to make the specific findings required by law in order to retain the confidential nature of such material. Notwithstanding its designation, there is no presumption that Confidential Discovery Material will be filed with the Court under seal. The Parties will use their best efforts to minimize such sealing. 14. All persons are hereby placed on notice that the Court is unlikely to seal or otherwise afford confidential treatment to any Discovery Material introduced in evidence at trial or supporting or refuting any motion for summary judgment, even if such material has previously been sealed or designated as Confidential. 15. Any Party filing a motion or any other papers with the Court under seal shall also publicly file a redacted copy of the same, via the Court’s Electronic Case Filing system, that redacts only the Confidential Discovery Material itself, and not text that in no material way reveals the Confidential Discovery Material. 16. Each person who has access to Discovery Material that has been designated as Confidential shall take all due precautions to prevent the unauthorized or inadvertent disclosure of such material. 17. 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 persons who receive such information and are bound by this Protective Order in a manner that is secure and confidential. In the event that the person receiving PII experiences a data breach, she, he, or it shall immediately notify the producing person of the same and cooperate with the producing person to address and remedy the breach. Nothing herein shall preclude the producing person from asserting legal claims or constitute a waiver of legal rights or defenses in the event of litigation arising out of the receiving person’s failure to appropriately protect PII from unauthorized disclosure.

This Protective Order shall survive the termination of the litigation. Within 30 days of the final disposition of this action, all Discovery Material designated as “Confidential,”

and all copies thereof, shall be promptly returned to the producing person, or, upon permission of the producing person, destroyed.
19. All persons subject to this Protective Order acknowledge that willful violation of this Protective Order could subject them to punishment for contempt of Court. This Court shall retain jurisdiction over all persons subject to this Protective Order to the extent necessary to enforce any obligations arising hereunder or to impose sanctions for any contempt thereof.

SO STIPULATED AND AGREED.

Dated: Dated:

SO ORDERED

Dated:

    __________________________________ 

New York, New York

LEWIS J. LIMAN 





     United States District Judge 

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Plaintiff(s),

-v-

Defendant(s).

X : : : : : : : : : : : X -cv- (LJL) NON-DISCLOSURE AGREEMENT

LEWIS J. LIMAN, United States District Judge:

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

Dated: ______________

Policy on the Use of Electronic Devices

Effective: February 3, 2020

POLICY ON THE USE OF ELECTRONIC DEVICES Lewis J. Liman, United States District Judge

Chambers

Courtroom United States District Court

500 Pearl Street Southern District of New York Courtroom 15C 500 Pearl Street, Room 701 Matthew Fishman, Courtroom Deputy New York, NY 10007 (212) 805-0161 (212) 805-0226 LimanNYSDChambers@nysd.uscourts.gov

1. Pre-Approved Personal Electronic Devices. Attorneys’ use of mobile phones and other personal electronic devices within the courthouse and its environs is governed by Revised Standing Order M10-468 (available at https://nysd.uscourts.gov/sites/default/files/2018- 06/standing-order-electronic-devices.pdf). Subject to security screening, any attorney who is a member of this Court’s Bar, obtains the necessary service pass from the District Executive’s Office, and shows the service pass upon entering the courthouse may bring some personal electronic devices into the courthouse. Mobile phones are permitted inside the courtroom, but they must be kept turned off at all times. Non-compliance with this rule may result in sanctions including forfeiture of the device for the remainder of the proceedings.
2. Other Electronic Devices. Prior court order is required for an attorney to bring into the courthouse any general purpose computing device, such as a laptop or tablet, or any other electronic equipment that does not qualify as a “personal electronic device” pursuant to Revised Standing Order M10-468. In addition, prior court order is required for any attorney who has not obtained a service pass from the District Executive’s Office and wishes to bring a personal electronic device into the courthouse. Any attorney seeking to bring such equipment into the courthouse must email a proposed order to Chambers (LimanNYSDChambers@nysd.uscourts.gov) at least 24 hours in advance of the relevant trial or hearing requesting permission to use such equipment. The proposed order is available at https://nysd.uscourts.gov/sites/default/files/2018-06/standing-order-electronic-devices.pdf.
   If the request is granted, Chambers will file the order with the District Executive’s Office. The order must be shown upon bringing the equipment into the courthouse.

View source on SDNY.uscourts.gov →