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. Letters. Except as otherwise provided below, communications with Chambers shall be by letter, with copies simultaneously delivered to all parties. Parties are strongly encouraged to file their letters or letter-briefs on the District’s electronic document filing system (“ECF”) or by electronic mail to ChambersNYSDMarrero@nysd.uscourts.gov. If a party or counsel is unable to submit a document electronically—either by ECF or email—the document may be mailed to the Court. However, mail to the Court may be delayed. If fewer than five pages, letters may be sent by fax, but only as indicated below in Paragraph I.C. Letters must identify the name and docket number of the case, contain the writer’s business address and telephone number, be signed by the party or authorized counsel responsible for the matter, and show the method of delivery (e.g., “By Hand,” “By Email,” or “By Fax”). Unless the Court has otherwise requested, copies of correspondence between the parties shall not be sent to the Court.
(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. Sealing/Redaction Requiring Court Approval. Motions or letter motions for approval of sealed or redacted filings in civil and miscellaneous cases, and the subject documents, including the proposed sealed document(s), must be filed either by hard copy or electronically through the court’s ECF system in conformity with standing order 19-mc-00583 and ECF Rules & Instructions, section 6. Hard copy letter motions for approval of sealed or redacted filings may be faxed to Chambers if no more than five pages in total and must be mailed or hand delivered to the Court if greater than five pages. The party requesting approval of a sealed or redacted filing must identify all parties and/or other case participants that the party believes should be granted access to the sealed or unredacted versions of the proposed filings.
Silent on oral argument default. Local Civil Rules 6.1, 7.1 (silent) ↗
III. DISCOVERY DISPUTES In the event that a discovery dispute arises that the parties are unable to resolve among themselves, they shall confer and submit to the Court a joint letter setting forth the matters that remain unresolved following such conference. The letter shall describe concisely the issue(s) in dispute and the respective position of each party and cite applicable authority which the respective parties claim for support. The Court will rule upon the written submission, or refer the dispute to the designated Magistrate Judge for resolution, particularly where the circumstances indicate that the parties’ discovery disputes are continuous or chronic.
F. Hand Deliveries. Please email or call Chambers to obtain advance permission from the Court to hand-deliver documents, including courtesy copies. G. Extensions/Adjournments. A request for an extension of time within which to make a submission to the Court or for an adjournment of a conference or to excuse an appearance with the Court must be made in writing and received in Chambers not less than two business days before the scheduled time. Each request must include the number and disposition of any prior request(s) for an extension or adjournment and state whether opposing counsel consents to the extension or adjournment. If opposing counsel does not consent, the reason(s) must be provided. If the requested extension or adjournment affects any other scheduled dates set forth in a Court- approved Case Management Plan or Scheduling Order, a proposed Revised Case Management Plan or revised Scheduling Order must be attached for the Court’s review and approval. The party requesting an extension or adjournment shall be responsible for notifying all other parties of the Court’s disposition of the request. Source ↗
E. Courtesy Copies. One courtesy hard copy of all motion papers and pleadings marked as such, shall be submitted to Chambers at the time the papers are served or filed, in accordance with the Southern District of New York’s policies regarding mail deliveries. In any expedited proceeding, parties shall ensure that courtesy copies are delivered in a manner that enables their timely consideration by the Court (e.g., by hand delivery (with permission) or fax to Chambers). Source ↗
The Court will endeavor to schedule an initial case management conference within 45 days of the filing of the answer(s). Upon receipt of the Notice of Initial Conference, the parties shall confer if they have not yet done so in accordance with Federal Rule of Civil Procedure 26(f) and exchange the initial disclosures prescribed by Rule 26(a). Following such conference, the parties shall jointly prepare a status letter setting forth: (1) a brief description of the case, including the factual and legal bases for the claim(s) and defense(s); (2) confirmation that the parties have conferred and exchanged initial disclosures -- or agreed on a plan and schedule for such disclosure -- identifying the names and locations of individuals, documents, and things possessing or pertaining to material information used to support the parties’ claims or defenses; (3) a concise statement of any discrete threshold or dispositive issues that the pleadings present, such as personal or subject matter jurisdiction, venue, or statute of limitations, that in the interest of justice and judicial economy warrant resolution first and potentially warrant a stay on further discovery; (4) any contemplated motions; (5) the prospects for settlement; and in view thereof the parties belief that a brief stay of the litigation would be warranted to enable them to pursue resolution through their own discussions or through Court facilitated settlement or private mediation; (6) whether the parties consent to proceed for all purposes before the Magistrate Judge designated for this action; (7) whether the parties may be amendable to proceeding to trial on the merits of the dispute in accordance with the expedited trial procedure provided for in Part VI.A. of these Individual Practices; and (8) a proposed Case Management Plan in the form available on Judge Marrero’s page on the Southern District website. The status letter must be received by the Court at least five business days before the initial case management conference. Source ↗
Silent on meet_and_confer_requirement. Source ↗
D. Memoranda of Law. 1. All formal motions and cross-motions must be accompanied by a memorandum of law. Memoranda of law in support of and in opposition to a motion shall be limited to 8,750 words and reply memoranda shall not exceed 3,500 words. These limits do not include the caption, any index, table of contents, table of authorities, signature blocks, or any required certificates, but do include material contained in footnotes or endnotes. Memoranda should be double-spaced and in 12-point font with 1-inch margins. Memoranda of 3,500 words or more shall contain a table of contents and a table of authorities. The Court will entertain written requests for exceptions to these page limitations only in rare cases where the facts and issues are particularly complex. The Court will not consider new matters raised in replies for the first time. Sur-reply memoranda will not be accepted without prior permission of the Court and then only in the rare instances in which new controlling law is promulgated after the filing of the reply papers. Source ↗
D. Memoranda of Law. 1. All formal motions and cross-motions must be accompanied by a memorandum of law. Memoranda of law in support of and in opposition to a motion shall be limited to 8,750 words and reply memoranda shall not exceed 3,500 words. These limits do not include the caption, any index, table of contents, table of authorities, signature blocks, or any required certificates, but do include material contained in footnotes or endnotes. Memoranda should be double-spaced and in 12-point font with 1-inch margins. Memoranda of 3,500 words or more shall contain a table of contents and a table of authorities. The Court will entertain written requests for exceptions to these page limitations only in rare cases where the facts and issues are particularly complex. The Court will not consider new matters raised in replies for the first time. Sur-reply memoranda will not be accepted without prior permission of the Court and then only in the rare instances in which new controlling law is promulgated after the filing of the reply papers. Source ↗
I. Oral Argument. Motions will be decided on the papers after all moving papers have been submitted, unless the Court determines that oral argument will be necessary. If oral argument is scheduled, the Court will advise the parties of the date and time for argument and whether it will be limited to specific issues. Counsel should expect that the Court will have reviewed motion papers prior to oral argument and will be familiar with the issues presented therein, and therefore counsel should not use oral argument to repeat factual recitations or legal arguments adequately addressed in the motion papers. 6 Source ↗
II. MOTIONS A. Pre-Motion Conferences in Civil Cases. 1. In the event that a substantive, procedural, or evidentiary dispute arises during pretrial proceedings that the parties, after good faith communication, are unable to resolve, they are encouraged, before resorting to motion practice, to bring the matter to the Court’s attention by letter not to exceed three pages seeking a ruling. A conference must be requested before filing any motion, except: motions brought by order to show cause based on a legitimate emergency; motions required by the Federal Rules of Appellate Procedure to be made within a specified time; motions made by a pro se litigant in custody; motions for default judgment, pro hac vice admission, reargument, remand, or attorney’s fees or sanctions; motions to affirm or vacate an arbitration award; and objections to a Magistrate Judge’s ruling. The attorney who will serve as principal trial counsel must appear at all conferences with the Court with regard to scheduling and motions. Source ↗