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) ↗
All communications with Chambers on any subject must be in writing and filed via ECF, with copies delivered simultaneously to all counsel or pro se parties. Do not send copies of correspondence between counsel to the Court. Courtesy hard copies of all pleadings and all papers filed in connection with a motion are required (see Part V.A). Do not send emails to any email address in chambers. Any email sent to a chambers email address will be ignored. Telephone calls to Chambers are not permitted, except in the case of a real emergency. Judge McMahon's deputy clerk and law clerks will not discuss cases or clarify rules over the telephone. Any requests for clarification should be submitted in writing. §I.B: If a submission requires more immediate attention [than normal ECF review on the next business day], please notify Chambers by telephone after you file your submission on ECF. In case of a real emergency, the attorney for a represented party in a civil matter may call (212) 805-6325, and should include opposing counsel on the call. §I.C: Courtesy copies of motions and supporting papers may not be faxed to Chambers unless the Court specifically directs that fax be used. No document longer than 10 pages may be faxed without prior authorization.
(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 ↗
The below addendum must be incorporated before Judge McMahon will sign a Stipulation and Confidentiality Order: THE FOLLOWING ADDENDUM IS DEEMED INCORPORATED INTO THE PARTIES’ STIPULATION AND CONFIDENTIALITY ORDER The parties understand that the Court’s “so ordering” of this stipulation does not make the Court a party to the stipulation or imply that the Court agrees that documents designated as “Confidential” by the parties are in fact confidential. It has been this Court’s consistent experience that confidentiality stipulations are abused by parties and that much material that is not truly confidential is designated as such. The Court does not intend to be a party to such practices. The Court operates under a presumption that the entire record should be publicly available. The Court does not ordinarily file decisions under seal or redact material from them. If the Court issues a decision in this case that refers to “confidential” material under this stipulation, the decision will not be published for ten days. The parties must, within that ten-day period, identify to the Court any portion of the decision that one or more of them believe should be redacted, provide the Court with the purportedly confidential material, and explain why that material is truly confidential. The Court will then determine whether the material is in fact genuinely deserving of confidential treatment. The Court will only redact portions of a publicly available decision if it concludes that the material discussed is in fact deserving of such treatment. The Court’s decision in this regard is final. If this addendum is acceptable to the parties, the Court will sign their proposed confidentiality stipulation, subject to the addendum. If this addendum is not acceptable, the Court will not sign the stipulation, and should allegedly confidential material be produced, the parties will be referred to the magistrate judge for a document by document review and decision on whether that document should be subject to confidential treatment.
Silent on oral argument default. Local Civil Rules 6.1, 7.1 (silent) ↗
When the first discovery dispute arises, file a letter to Chambers via ECF and ask for an order of reference to the Magistrate Judge. Thereafter, take all discovery disputes directly to the Magistrate Judge. Should either party file Objections to an order of the Magistrate Judge pursuant to Fed. R. Civ. P. 72, that party should also file a letter addressed to Judge McMahon to notify her that Rule 72 Objections were filed.
Any requests for an adjournment of a court appearance must be made at least 48 hours prior to the scheduled appearance. Any request for an extension of time must be filed at least two days prior to the original deadline sought to be extended. Applications made late will not be entertained except in case of a true emergency. §I.D.2: Any request for an adjournment or extension of time must be by ECF letter motion, and must include: the original deadline; the number of previous requests; whether previous requests were granted or denied; whether the adversary consents and, if not, the reasons; and whether the requested adjournment or extension affects any other scheduled dates (if so, a proposed Revised Scheduling Order must be attached). §I.D.3: Judge McMahon does not automatically grant adjournments or extensions of time, even if stipulated by counsel. Source ↗
For every motion filed on ECF, each filing party MUST promptly deliver to Chambers one courtesy hard copy of all papers filed by that party in connection with the motion. Courtesy copies must be received by Chambers no later than noon on the first business day after the papers are filed on ECF. This requirement applies separately to moving, opposition, and reply papers and includes, as applicable, the notice of motion, memorandum of law, declarations or affidavits, exhibits, Local Civil Rule 56.1 statements and responses, appendices, and proposed orders. Each courtesy copy must be clearly marked 'Courtesy Copy' and must identify the case name, docket number, and ECF docket number. All exhibits must be tabbed and indexed. Exhibits and appendices should be bound separately from the memorandum of law. One courtesy hard copy of every pleading must likewise be delivered to Chambers no later than noon on the first business day after filing. Failure to submit required courtesy copies may delay consideration of the motion or result in the filing being disregarded until the required copies are received. Source ↗
When a civil case is assigned to Judge McMahon, Chambers will automatically schedule an initial pretrial conference pursuant to Federal Rule of Civil Procedure 16. These conferences will be held by phone unless the parties specifically request one in person. §III.B: If the parties can agree to a case management plan in the form found online, they should submit it to Chambers by filing it via ECF no later than two days prior to the scheduled initial conference. If the Court approves the plan, the initial conference will be canceled. The Court's signature on the case management plan is your notice that the conference has been cancelled. However, if there is a pending motion that has been fully briefed, the conference will not be automatically cancelled, even if counsel submit a stipulated case management plan. Source ↗
D. Memoranda of Law Unless prior permission has been granted, memoranda of law in support of and in opposition to motions, other than a motion for reconsideration, are limited to 25 pages, and reply memoranda are limited to 10 pages. The page length for motions for reconsideration is subject to the terms of Local Rule 6.3. All memoranda shall be page numbered, and shall contain both a table of contents and a table of cases. Requests to file memoranda exceeding the page limits set forth herein must be made in writing five days prior to the due date, except with respect to reply briefs, in which case the time is one day prior to the due date. You can save pages by not including citations to unofficial reporters. Citations to New York and United States Supreme Court cases shall contain citations to the official reporter. Citations to unreported cases not available on Westlaw or Lexis should be accompanied by a copy of the case cited. You can also save pages by not telling the Court the obvious – there is no need to recite the standards for granting, e.g., a motion to dismiss, a motion for summary judgment, a motion for reconsideration. Memoranda must utilize a 12-point serif font (e.g., Times New Roman) and must be double- spaced with margins of at least one inch all around. Footnotes should be avoided. If any footnotes are included, they must be in 12-point font. 12 Parties shall not attempt to circumvent the above page limits by attaching an affidavit or declaration in lieu of a fully developed statement of the facts in the brief. The fact section of the brief must include all the facts that you will discuss or rely upon for purposes of the motion under consideration. If you are submitting an appendix to your brief of more than five pages, you must bind the appendix separately. Do not affix the appendix to your brief. Failure to comply with any of these guidelines will result in the brief’s being stricken. Source ↗
Parties may request oral argument by letter at the time their moving, opposing, or reply papers are filed. However, Judge McMahon rarely hears oral argument on motions. The Court will decide on a case-by-case basis whether argument will be heard, and, if so, will advise counsel of the argument date. Source ↗