Judge Sarah Netburn — United States District Court, Southern District of New York

Case Management Plan and Scheduling Order (Fillable)

Revised: August 5, 2025 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------------X Plaintiff(s), -against- Defendant(s). -----------------------------------------------------------------X SARAH NETBURN, United States Magistrate Judge: On _____________ the parties appeared for an Initial Pretrial Conference. After review of the pleadings and consultation with the parties, the following scheduling order is entered pursuant to Rule 16 of the Federal Rules of Civil Procedure:
Pleadings and Parties. The parties may amend the pleadings or join additional parties until ___________________. Discovery. All fact discovery shall be completed by ______________________.
Disclosure of expert evidence as required Rule 26(a)(2)(A), (B) or (C) shall be made by ______________________. The disclosure of expert evidence intended by a party solely to contradict or rebut expert evidence on the same subject matter disclosed by the opposing party shall be made by ______________________. All expert discovery shall be completed by ___________________. [Dates for expert discovery shall be provided only if expert discovery is reasonably anticipated.] Status Letter. A joint letter informing the Court about the status of discovery shall be filed with the Court by ______________________ [generally 60 days from date of conference]. The letter should address any outstanding discovery disputes. It should also indicate whether the -CV- ( )(SN) [PROPOSED] CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER

Revised: August 5, 2025 parties wish to schedule a settlement conference and, if so, include proposed dates on at least two consecutive weeks. The parties are, however, encouraged to contact the Court earlier if they believe a settlement conference sooner would be productive. Summary Judgment Motion. [Select as appropriate based on the Individual Practices of the judge who will consider the motion:] Any party that wishes to file a motion for summary judgment shall file a pre-motion letter with the Hon. ______________________ by ______________________ (generally 14 days after the close of discovery) / Any summary judgment motion shall be filed, without a pre-motion letter, by______________________ (generally 28 days after the close of discovery). Trial. The parties request a jury trial OR bench trial (circle one). SO ORDERED. DATED: New York, New York

Consent to Proceed Before US Magistrate Judge

AO 85 (Rev. 02/17) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge UNITED STATES DISTRICT COURT for the __________ District of __________ ) ) ) ) ) Plaintiff v. Civil Action No. Defendant NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE Notice of a magistrate judge’s availability. A United States magistrate judge of this court is available to conduct all proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment. The judgment may then be appealed directly to the United States court of appeals like any other judgment of this court. A magistrate judge may exercise this authority only if all parties voluntarily consent. You may consent to have your case referred to a magistrate judge, or you may withhold your consent without adverse substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise be involved with your case. Consent to a magistrate judge’s authority. The following parties consent to have a United States magistrate judge conduct all proceedings in this case including trial, the entry of final judgment, and all post-trial proceedings. Printed names of parties and attorneys Signatures of parties or attorneys Dates Reference Order IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73. Date: District Judge’s signature Printed name and title Note: Return this form to the clerk of court only if you are consenting to the exercise of jurisdiction by a United States magistrate judge. Do not return this form to a judge. Print Save As... Reset

Consent to Proceed Before US Magistrate Judge Over a Specific Motion

AO 85A (Rev. 02/17) Notice, Consent, and Reference of a Dispositive Motion to a Magistrate Judge UNITED STATES DISTRICT COURT for the __________ District of __________ ) ) ) ) ) Plaintiff v. Civil Action No. Defendant NOTICE, CONSENT, AND REFERENCE OF A DISPOSITIVE MOTION TO A MAGISTRATE JUDGE Notice of a magistrate judge’s availability. A United States magistrate judge of this court is available to conduct all proceedings and enter a final order dispositive of each motion. A magistrate judge may exercise this authority only if all parties voluntarily consent. You may consent to have motions referred to a magistrate judge, or you may withhold your consent without adverse substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise be involved with your case. Consent to a magistrate judge’s consideration of a dispositive motion. The following parties consent to have a United States magistrate judge conduct any and all proceedings and enter a final order as to each motion identified below (identify each motion by document number and title). Motions: Printed names of parties and attorneys Signatures of parties or attorneys Dates Reference Order IT IS ORDERED: The motions are referred to a United States magistrate judge to conduct all proceedings and enter a final order on the motions identified above in accordance with 28 U.S.C. § 636(c). Date: District Judge’s signature Printed name and title Note: Return this form to the clerk of court only if you are consenting to the exercise of jurisdiction by a United States magistrate judge. Do not return this form to a judge. Print Save As... Reset

Individual Rules of Practice in Civil Cases

Revised: August 13, 2025

INDIVIDUAL PRACTICES IN CIVIL CASES SARAH NETBURN, UNITED STATES MAGISTRATE JUDGE

*** NOTICE ***

Members of the public are prohibited from contacting Judge Netburn’s Chambers about matters pending before the Court. It is a federal crime to communicate with the Court with the intent to influence, intimidate, or impede a judge in the discharge of her official duties. Any communications interpreted as such will be immediately reported to the U.S. Marshals Service for further investigation.

Chambers Courtroom Thurgood Marshall Courthouse Thurgood Marshall Courthouse 40 Foley Square, Room 430 40 Foley Square, Courtroom 219 New York, NY 10007 Diljah Shaw, Courtroom Deputy

(212) 805-0286

Unless otherwise ordered, these Individual Practices apply in all civil matters.

Magistrate judges preside over civil cases in two ways: (1) for one or more specific purposes, pursuant to an order of reference by the assigned district judge, or (2) for all purposes, on the consent of all parties, pursuant to 28 U.S.C. § 636(c). Once counsel has consented for all purposes, and the consent form is signed by the district judge, the magistrate judge may conduct all proceedings in a civil action and order the entry of a final judgment. The right to trial by jury is preserved, and appeals are sent directly to the U.S. Court of Appeals.

In the Southern District of New York, it is the uniform practice of magistrate judges to schedule civil trials for firm dates, rather than requiring counsel to be available on short notice. Magistrate judges often will also have greater availability to schedule trials at the parties’ convenience. Should the parties wish to have Judge Netburn hear their case for all purposes, the Consent to Proceed Before U.S. Magistrate Judge form is available on the Court’s website. I. Communications with Chambers A. Letters. Except as otherwise provided below, communications with the Court should be by letter. Unless there is a request to file a letter under seal or a letter contains sensitive or confidential information, letters should be filed electronically on the Electronic Case Filing (ECF) system. Do not also email a copy to chambers.

Ex parte settlement letters, proposed case management plans, or letters otherwise containing sensitive or confidential information should be emailed to Chambers as a .pdf (not .pdf/A) attachment to the address provided on the scheduling order. E-mails shall: (1) state in the subject line the caption of the case, including the lead party names and docket number; and (2) provide a brief description of the contents of the letter. Parties

Revised: August 13, 2025

shall not include substantive communications in the body of the e-mail; such communications shall be included only in the attached letter. Confidential information should be clearly indicated as such.

Letters may not exceed 5 pages in length (exclusive of exhibits). Letters solely between parties or their counsel or otherwise not addressed to the Court may not be filed on ECF or otherwise sent to the Court (except as exhibits to an otherwise properly filed document). B. Letter Motions. Letter motions must be filed via ECF and must comply with the S.D.N.Y. Local Rules and the S.D.N.Y. Electronic Case Filing Rules and Instructions. Letter motions may include requests for: adjournments, extensions, pre-motion conferences (including pre-motion conferences with respect to discovery disputes), settlement conferences, and remote attendance at a settlement conference.

In particular, requests for adjournment 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; and (4) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent. If a conference must be rescheduled, counsel may propose alternative dates, and the Court will try to accommodate that request. Absent good cause, any request for extension or adjournment shall be made at least 48 hours before the deadline or scheduled appearance.

C. Service in Pro Se Cases. Pro se litigants may choose to receive documents in their cases electronically (by email) instead of by regular mail by completing the Consent to Electronic Service form and filing it with the Court. In such cases, service is completed upon the pro se litigant by filing a document on ECF. If the pro se litigant has not filed a Consent to Electronic Service, that party must be served with a paper copy, and proof of such service must be filed with the Court.

D. Docketing, Scheduling, and Calendar Matters. For docketing, scheduling, and calendar matters, email the Courtroom Deputy at Diljah_Shaw@nysd.uscourts.gov. Telephone calls to Chambers are permitted only for urgent matters requiring immediate attention.

E. Audio/Visual Materials. Audio/visual material cannot be filed on ECF. If a party wishes to submit audio or visual evidence for the Court’s consideration, the evidence should be submitted on a USB with no security measures (i.e., password protections). The USB can be mailed to Chambers or delivered to the mailroom at the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007.

Revised: August 13, 2025

F. ECF. In accordance with the Electronic Case Filing Rules and Instructions, counsel are required to register promptly as ECF filers and to enter an appearance in the case. The pertinent instructions are available on the Court website, at https://nysd.uscourts.gov/electronic-case-filing. Counsel are responsible for updating their contact information on ECF, should it change, and they are responsible for checking the docket sheet regularly, regardless of whether they receive an ECF notification of case activity. For questions about ECF rules and procedures, please contact the ECF help desk at (212) 805-0800.

II. Pre-Trial Practice A. Initial Case Management Conference. Parties must confer and then email a joint Proposed Civil Case Management Plan and Scheduling Order to the Court one week before the conference as a .pdf attachment consistent with Paragraph I(a) above. This document is available at https://nysd.uscourts.gov/hon-sarah-netburn. B. An incarcerated party will be able to participate by telephone or video conference. If appropriate, the Court’s scheduling order will outline the procedures for the telephone or video conference. C. Discovery Disputes. Parties shall follow Local Rule 37.2 with the following modifications. Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, the party may submit an ECF letter motion to the Court, no longer than five pages, explaining the nature of the dispute and requesting an informal conference. Such letter must include evidence or a representation that the meet-and-confer process occurred, including when and whether it was in person or over the telephone. Any responsive letter should be submitted within three business days. Confidential information should be clearly indicated as such in letters. D. Settlement Procedures. For information about the Court’s rules regarding settlement conferences, refer to Procedures for Cases Referred for Settlement, available at https://nysd.uscourts.gov/hon-sarah-netburn.

Revised: August 13, 2025

III.
Motions A. Memoranda of Law. The typeface, margins and spacing of motion papers must conform to Local Civil Rule 7.1. Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to 8,750 words, and reply briefs are limited to 3,500 words. Memoranda of 3,500 words or more shall contain a table of contents and a table of authorities. Sur-reply memoranda will not be accepted without prior permission of the Court.

All moving papers, letter motions, and letters filed on ECF or emailed to chambers must be in searchable PDF form. Typically, this means that a document created using word-processing software must be converted to PDF from the original word- processing file. PDF images may not be created by scanning paper documents. B. Courtesy Copies. One courtesy copy of all motion papers, marked as such, shall be submitted to Chambers by the movant after the motion has been fully briefed. Courtesy copies should not be submitted to Chambers on a rolling basis. All courtesy copies should be placed in well-organized three-ring binder(s). For all motions, oppositions, and replies containing multiple items of documentary evidence, the evidence must be divided into exhibits, separated by tab dividers, and preceded by an exhibit list. The moving party should submit the courtesy copies to Chambers no later than one week after the motion became fully briefed. Courtesy copies can be mailed to Chambers or delivered to the mailroom at the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007.

C. Oral Argument on Motions. Parties may file a letter motion for oral argument when the motion has been fully briefed and courtesy copies are submitted to Chambers.

D. Proposed Stipulations and Orders. Except as otherwise provided in these Rules and Practices, parties should electronically file proposed stipulations and orders that they wish the Court to sign in accordance with the ECF Rules and Instructions. Courtesy copies should not be sent to Chambers. E. Redactions and Electronic Filing Under Seal. Any party wishing to file a redacted pleading, motion, memorandum, exhibit, or other document, or any portion thereof, must make a specific request to the Court by letter explaining the reasons for seeking to file that submission under seal and addressing the request in light of the governing law. See, e.g., Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006).

To avoid the unnecessary filing of documents under seal, counsel for the parties will discuss the need to file Confidential Materials under seal. If the parties agree in writing that a particular document that has been designated Confidential Material shall

Revised: August 13, 2025

not be filed under seal, that document can be filed without redaction and such filing will not be a breach of any Stipulation of Confidentiality.

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 electronically through the Court’s ECF system in conformity with the Court’s Standing Order, 19-mc-00583, and ECF Rules & Instructions, section 6.

The motion must be filed in public view, must explain the reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal. Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.

The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion. The summary docket text, but not the sealed document, will be open to public inspection and should not include confidential information sought to be filed under seal.

Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.

IV. Pretrial Procedures Joint Pretrial Order. After the close of discovery, the Court will file a Scheduling Order containing instructions for the parties’ Proposed Joint Pretrial Order.

For questions about these practices, please contact the Courtroom Deputy at (212) 805-0286.

Procedures for Cases Referred for Settlement

Revised: October 26, 2017

PROCEDURES FOR CASES REFERRED FOR SETTLEMENT TO MAGISTRATE JUDGE SARAH NETBURN

The Court believes the parties should fully explore settlement at the earliest opportunity. Early consideration of settlement allows the parties to avoid the substantial cost, expenditure of time, and uncertainty that are inherent in most litigation. Even in a case that cannot be resolved, early consideration of settlement often provides the parties with a clearer understanding of the factual and legal merits of their dispute and may make the litigation more efficient.

Consideration of settlement is a serious matter that requires thorough preparation before the settlement conference. Set forth below are the procedures the Court will require the parties and counsel to follow, and the manner in which the Court will typically conduct the conference. 1. Confidential Nature of Conference. All settlement conferences are “off the record.” All communications relating to settlement are strictly confidential and may not be used for any purpose. They are not to be used in discovery and will not be admissible at trial. 2. Magistrate Judge’s Role. The magistrate judge functions as a mediator, attempting to help the parties reach a settlement. Efficient use of this process requires that counsel and their clients be prepared for the conference and candid with the mediator.
3. Ex Parte Settlement Letter. No later than one week before the conference, counsel for each party must send the Court a letter, marked “Confidential Material for Use Only at Settlement Conference,” which should not be served on the other parties. The letter should be e-mailed to the Court in accordance with the Individual Practices of Judge Netburn. This ex parte letter must not exceed five (5) pages, unless permission to do so has been sought and granted by the Court. The letter should include (a) the history of settlement negotiations, including any prior offers or demands, which are strongly encouraged before the conference; (b) your evaluation of the settlement value of the case and the rationale for it; and (c) any other facts that would be helpful to the mediator in preparation for the conference.
The reason the letter is to be submitted ex parte is to ensure that counsel are candid with the Court as to the strengths and weaknesses of their case and to provide a realistic assessment of the litigation risks each party faces were the case to be resolved on the merits.
4. Attendance Acknowledgment Form. Counsel shall complete the Attendance Acknowledgment Form that appears following this Standing Order. This form must be submitted together with the ex parte settlement letter and may be sent to the Court by e-mail in accordance with the Individual Practices of Judge Netburn.

Attendance of Parties Required. The parties—not just the attorneys—must attend in person. A party’s attendance is essential to the settlement process. It is vital that parties

hear the other side’s presentation and have the opportunity to speak with the mediator outside the presence of any adversary. If a party is in prison, or the party resides more than 100 miles from the Courthouse and it would be a great hardship to attend in person, counsel may write to the Court seeking permission to participate by telephone. This issue should be raised with the Court in writing as soon as possible after the Settlement Conference Order is issued. If needed, each party must supply its own simultaneous interpreter (who need not have any special certification).

Corporate parties or labor unions must send the person with decision-making authority who gives directions to counsel of record (not someone who has received settlement authority from someone else). Where liability insurance is involved, a decision maker from each carrier must attend in addition to the insured. This includes each excess carrier unless specifically excused by the Court at least one week before the conference. Because it is important that the decision makers with respect to settlement hear their adversaries’ presentations and be available to answer questions from the Court, the person who attends must be the person with responsibility for determining the amount of any ultimate settlement and whose settlement authority has not been limited by another person. That is, corporate parties, labor unions, and insurance companies (or any other party that is not a natural person) must send to the conference a person with the actual authority to resolve the case, not someone who has received authority from someone else.

Where any government agency is a party, counsel of record must be accompanied by a knowledgeable representative from the agency (or, if the agency official with knowledge is more than 100 miles from the Courthouse, the official must be available to participate by telephone). In addition, in cases where the Comptroller of the City of New York exercises settlement authority, the Assistant Corporation Counsel must make arrangements in advance of the conference for a representative of the Comptroller either to attend the conference or to be available by telephone to approve any proposed settlement.

Consequences of Non-Compliance with Attendance Requirements. If a party fails to come to the settlement conference with all the required persons (attorney, plus a decision maker from the relevant party, plus a decision maker from each insurance carrier), that party may be required to reimburse all the other parties for their time and travel expenses, and may face other sanctions. 7. Conference Procedures. Unless advised otherwise by the Court, the conference will take place in Courtroom 219 at the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007. At the outset of the mediation, each attorney should be prepared to make a brief presentation in the presence of opposing counsel and the parties, summarizing not merely a party’s positions, but the party’s interests in resolving the litigation. Written remarks read aloud are usually ineffective. The purpose of the presentation is to persuade the opposing party, not the Court. Thus, it is usually unnecessary to recount in full the background of the dispute, and opening remarks that are the equivalent of a jury address are rarely productive in the context of

settlement negotiations. Additionally, although the merits of the case are obviously relevant to the value of a potential settlement, settlement conferences are not the place to make legal arguments. Discussion, if any, of legal issues should be offered solely in the context of settlement, not litigation.

Following the presentations, the Court will allow counsel to respond to points made by opposing counsel and, if appropriate, to pose constructive questions. Clients may speak too if that is desired. The Court encourages all parties to keep an open mind in order to re-assess their previous positions and to discover creative means for resolving the dispute.

After the parties have made their brief presentations the Court will ordinarily meet separately with each party. In these private meetings, the parties and their counsel should be prepared to discuss their position on settlement, the reasons for their position, the amount of attorneys’ fees and litigation expenses incurred to date, and an estimate of the remaining cost of litigating the case to judgment, including any appeal.
8. Adjournments of Settlement Conferences. Requests for adjournment shall conform to the Individual Practices of Judge Netburn, with the following modification: requests submitted more than 14 days before the scheduled conference date will ordinarily be granted without a showing of good cause; requests submitted within 14 days of the date of the scheduled conference must set forth the reasons for seeking the change in date. Ordinarily good cause will be found where (a) an adjournment would permit necessary discovery or exchange of information that would make the conference more fruitful, or (b) a client who would otherwise be permitted to participate by telephone would be available to attend the conference were it held on another date. The conference date is not changed until ordered by the Court.
9. No Effect on Other Deadlines. Unless otherwise ordered, the scheduling of a settlement conference has no effect on any deadlines or other pending obligations in the case.

ATTENDANCE ACKNOWLEDGMENT FORM CASE NAME:
DOCKET NUMBER:
I represent the Plaintiff Defendant I acknowledge that I am attending a settlement conference in Courtroom 219 at the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007 on
at . The Court will consider applications to conduct the entire settlement conference by telephone if the parties jointly request.
Please provide the name of any co-counsel who will attend the conference with you: I acknowledge that my client, and any other relevant decision makers, will attend the settlement conference.
Please provide the name and title, if applicable, of the individuals who will attend: I have obtained permission from the Court to allow the following individual(s) who live(s) more than 100 miles from New York City to participate in the conference by telephone.
Name and title of individual and date permission was granted: Signature Name (print) Firm Name Date

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