All local rules for S.D.N.Y., integrated with this judge's published requirements.
(d) No ex parte order, or order to show cause to bring on a motion, will be granted, except upon a clear and specific showing by affidavit that contains good and sufficient reasons why a procedure other than by notice of motion is necessary and states whether a previous application for similar relief has been made. Local Civil Rule 6.1(d) ↗
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.
(c) Length of Memoranda of Law. If filed by an attorney or prepared with a computer, briefs in support of and in response to a motion (except for motions for reconsideration) may not exceed 8,750 words, and reply briefs may not exceed 3,500 words. Local Civil Rule 7.1(c) ↗
(c) Length of Memoranda of Law. If filed by an attorney or prepared with a computer, briefs in support of and in response to a motion (except for motions for reconsideration) may not exceed 8,750 words, and reply briefs may not exceed 3,500 words. Local Civil Rule 7.1(c) ↗
(c) Length of Memoranda of Law. If filed by an attorney or prepared with a computer, briefs in support of and in response to a motion (except for motions for reconsideration) may not exceed 8,750 words, and reply briefs may not exceed 3,500 words. Local Civil Rule 7.1(c) ↗
Except for letter-motions as permitted by Local Civil Rule 7.1(d), and unless provided otherwise by statute or rule, or by the court in a judge’s individual practices or in a direction in a particular case, motion papers must be served and filed as follows: (a) On all motions and applications under Fed. R. Civ. P. 26 through 37 and 45(d)(3), (1) all motion papers must be served by the moving party on all other parties that have appeared in the action, (2) any opposing or response papers must be served within seven days after service of the moving papers, and (3) any reply papers must be served within two days after service of the answering papers. In computing periods of days, refer to Fed. R. Civ. P. 6. (b) On all civil motions, petitions, and applications, other than those described in Rule 6.1(a), and other than petitions for writs of habeas corpus, (1) the moving papers must be served by the moving party on all other parties that have appeared in the action, (2) any opposing or response papers must be served within 14 days after service of the moving papers, and (3) any reply papers must be served within seven days after service of the answering papers. Local Civil Rule 6.1 (introductory clause) and 6.1(a)-(b) ↗
Silent on fixed motion hearing days. Local Civil Rules 6.1, 7.1 (silent) ↗
Local Civil Rule 77.1. Submission of Orders, Judgments and Decrees Proposed orders, judgments, and decrees must be presented as directed by the ECF rules published on the website of each respective court. Local Civil Rule 77.1 ↗
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).
Silent on oral argument default. Local Civil Rules 6.1, 7.1 (silent) ↗
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 12 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. 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. Any request should be made at least two business days prior to the deadline or scheduled appearance. Source ↗
L. Courtesy Copies. Do not send courtesy copies unless directed by the Court. Source ↗
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 11 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. Source ↗
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 12 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. Source ↗
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. Source ↗
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. Source ↗
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. Source ↗
F. Pre-Motion Letters and Conferences in Civil Cases. Absent order of the Court, neither pre-motion letters nor pre-motion conferences are required. Source ↗