Judge J. Paul Oetken — United States District Court, Southern District of New York

Case Management Plan and Scheduling Order (Fillable)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ________________________, Plaintiff(s), -v- ____________________, Defendant(s). -CV- (JPO) CIVIL CASE MANAGEMENT PLAN
AND SCHEDULING ORDER This Civil Case Management Plan (the “Plan”) is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). 1. 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 should 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.] 2. Settlement discussions [have ______ / have not ______] taken place. 3. The parties [have ______ / have not ______] conferred pursuant to Fed. R. Civ. P. 26(f). 4. The parties [have ______ / have not ______] reviewed the Local Civil Rules of the Southern District of New York and the Court’s Individual Rules and Practices in Civil Cases. 5. Additional parties may not be joined except with leave of the Court. Amended pleadings may not be filed except with leave of the Court or the consent of all opposing parties. Any motion for leave to amend or to join additional parties shall be filed within ______ days from the date of this Order. [Absent exceptional circumstances, thirty (30) days.] 6. Initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) shall be completed no later than ______ days from the date of this Order. [Absent exceptional circumstances, fourteen (14) days.] Clear Form

Fact Discovery a. All fact discovery shall be completed no later than ______________________. [A date not later than exceed 120 days after the date of the scheduled initial pretrial conference, unless the Court finds that the case presents unique complexities or other exceptional circumstances.] Requests to extend the time to complete fact discovery must be made at least than 2 business days before this date. The parties may not make a unilateral decision to stay or halt discovery (on the basis of settlement negotiations or otherwise) in the anticipation of an extension. b. Initial requests for production of documents shall be served by ______________________. [Absent exceptional circumstances, a date not more than thirty (30) days following the initial pretrial conference.] c. Interrogatories pursuant to Local Civil Rule 33.3(a) 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 Fed. R. Civ. P. 26(a).] d. Unless otherwise ordered by the Court, contention interrogatories pursuant to Local Civil Rule 33.3(c) must be served no later than thirty (30) days before the close of discovery. No other interrogatories are permitted except upon prior express permission of the Court. e. Depositions shall be completed by _______________________. [Absent an agreement between the parties or an order from the Court, depositions are not to be held until all parties have responded to initial requests for document production. Absent an agreement between the parties or an order from the Court, non-party depositions shall follow initial party depositions.] f. Requests to admit shall be served by ______________________. [Absent exceptional circumstances, a date not more than thirty (30) days before the close of fact discovery.] g. [If applicable] The plaintiff(s) shall provide HIPAA-compliant medical records release authorizations to the defendant(s) no later than ______________________. h. [If applicable] If the parties contemplate the need for a protective order, they shall file such a proposed order by ______________________. [A model protective order is available at https://www.nysd.uscourts.gov/hon-j-paul-oetken]. i. Any of the deadlines in paragraphs 7(b) through 7(h) may be extended by the written consent of all parties without application to the Court, provided that all fact discovery is completed by the date set forth in paragraph 7(a).

Expert Discovery a. The parties agree that there [is ______ / is not ______] need for expert discovery. [If the parties agree that there is no expert discovery, they need not fill out the rest of paragraph 8.] b. All expert discovery, including reports, production of underlying documents, and depositions, shall be completed no later than ______________________. [Absent exceptional circumstances, a date forty-five (45) days from the date in paragraph 7(a) (i.e., the completion of all fact discovery).] c. In the event that there is expert discovery, no later than thirty (30) days prior to the date in paragraph 7(a) (i.e., the completion of all fact discovery), the parties shall meet and confer on a schedule for expert disclosures, including reports (including rebuttal reports, if applicable), production of underlying documents, and depositions, provided that (1) expert report(s) of the party with the burden of proof shall be due before those of the opposing party’s expert(s); and (2) all expert discovery shall be completed by the date set forth in paragraph 8(b). 9. All motions and applications shall be governed by the Federal Rules of Civil Procedure, the Local Civil Rules of the Southern District of New York [available at https://www.nysd.uscourts.gov/rules] and the Court’s Individual Rules and Practices in Civil Cases [available at https://www.nysd.uscourts.gov/hon-j-paul-oetken]. 10. In the case of discovery disputes, parties should follow Local Civil Rule 37.2 and the Court’s Individual Rules and Practices in Civil Cases. 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 shall promptly file a letter motion, no longer than four single-spaced pages, explaining the nature of the dispute and requesting an informal conference. Any letter motion seeking relief must include a representation that the meet- and-confer process occurred and was unsuccessful. Any opposition to a letter motion seeking relief shall be filed as a letter, not to exceed four pages single-spaced, within three business days. Counsel should be prepared to discuss with the Court the matters raised by such letters, as the Court will seek to resolve discovery disputes quickly, by order, by conference, or by telephone. Counsel should seek relief in accordance with these procedures in a timely fashion; if a party waits until near the close of discovery to raise an issue that could have been raised earlier, the party is unlikely to be granted the relief that it seeks, let alone more time for discovery. 11. Counsel for the parties have discussed an informal exchange of information in aid of early settlement of this case and have agreed upon the following:

Counsel for the parties have discussed the use of the following alternate dispute resolution mechanisms for use in this case:

______ Settlement Conference Before a Magistrate Judge

______ Participation in the District’s Mediation Program

______ Retention of a Privately Retained Mediator

______ Other: ___________________________________________________________

______ N/A

Counsel for the parties recommend that the alternate dispute resolution mechanism designated in paragraph 12 be employed at the following point in the case (e.g., within the next 60 days; after the deposition of plaintiff is completed (specify date); after the close of fact discovery):

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

Post-discovery deadlines, including motions for summary judgment and pretrial motions, shall be governed by the Court’s Individual Rules and Practices in Civil Cases.

Unless otherwise ordered by the Court, within thirty (30) days of the close of all discovery, or, if a dispositive motion has been filed, within thirty (30) days of a decision on such motion, the parties shall submit to the Court for its approval a Joint Pretrial Order prepared in accordance with the Court’s Individual Rules and Practices and Fed. R. Civ. P. 26(a)(3). The parties shall also follow paragraph 5 of the Court’s Individual Rules and Practices for Civil Cases, which identifies submissions that must be made at or before the time of the Joint Pretrial Order, including any motions in limine.

The parties shall be ready for trial on ______________________. [Absent exceptional circumstances, a date within two weeks following the Joint Pretrial Order due date.]

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

Counsel for the parties have conferred and their present best estimate of the length of trial is ______________________.

Other issues to be addressed at the Initial Pretrial Conference, including those set forth in Fed. R. Civ. P. 26(f)(3), are set forth below.

COUNSEL FOR ALL PARTIES:

TO BE COMPLETED BY THE COURT IF APPLICABLE:

The initial pretrial conference scheduled for __________________ is adjourned sine die.

The parties are directed to file a joint status letter, one week after the deadline to conclude fact discovery, that includes (1) whether the parties intend to proceed with expert discovery; (2) whether the parties wish to be referred to the District’s mediation program or to a settlement conference before a magistrate judge; (3) proposed dates for summary judgment briefing; or (4) proposed trial dates within six months of the filing of the status letter.

The next pretrial conference is scheduled for __________________.

This Order may not be modified or the dates herein extended, except by further Order of this Court for good cause shown. Any application to modify or extend the dates herein (except as provided in paragraph 7(i)) shall be made in a written application in accordance with Court’s Individual Practices and shall be made no less than two (2) business days prior to the expiration of the date sought to be extended.

SO ORDERED.

  J. PAUL OETKEN 

United States District Judge

Dated: _______________ New York, New York

Individual Practices in Criminal Cases

Revised: February 12, 2020

INDIVIDUAL PRACTICES IN CRIMINAL CASES

J. PAUL OETKEN UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF NEW YORK

Chambers

         Courtroom     
    Courtroom Deputy 

Room 2101

         Courtroom 706 
    Bruce Hampton 

40 Foley Square 40 Foley Square (212) 805-4701

New York, NY 10007 New York, NY 10007

(212) 805-0266

E-mail: OetkenNYSDChambers@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 http://www.nysd.uscourts.gov/ecf_filing.php.

2. Communications with Chambers

A. Initial Pretrial Conference. Upon assignment of a criminal case to Judge Oetken, the Assistant United States Attorney shall immediately call Bruce Hampton, the Courtroom Deputy, to arrange for a conference or arraignment.
The Assistant United States Attorney shall also e-mail a courtesy copy of the indictment and the criminal complaint, if one exists, to the Court (OetkenNYSDChambers@nysd.uscourts.gov) as soon as practicable.

B. Telephone Calls. Any other communications with Chambers, including requests for extensions or adjournments, shall be by letter filed on ECF in accordance with Paragraph 2.C. For questions that cannot be answered by reference to these Rules or for urgent matters requiring immediate attention, call Bruce Hampton, Courtroom Deputy, at (212) 805-4701.

C. Letters. Except for matters requiring immediate attention or as otherwise provided below, communications with the Court shall be by letter, filed electronically on ECF in accordance with the SDNY Local Rules and Electronic Case Filing Rules. Letters containing confidential or sensitive information that cannot be filed on ECF may be sent by e-mail as a .pdf attachment to the Court (OetkenNYSDChambers@nysd.uscourts.gov), with a copy simultaneously delivered to all counsel. E-mails shall state clearly in the subject line: (1) the caption of the case, including the lead party names and docket number; and (2) a

Revised: February 12, 2020

brief description of the contents of the letter. Parties shall not include substantive communications in the body of the e-mail; such communications shall be included only in the body of the letter. Any communications in the body of an e-mail will be disregarded. Copies of correspondence between counsel shall not be sent to the Court.

D. Faxes. Faxes are not permitted except with prior approval of Chambers, which will be granted only in rare circumstances, and must not exceed 5 pages in length.
All faxes must clearly identify the person in Chambers who authorized the sending of the fax and copies must simultaneously be faxed or delivered to all parties. Faxes sent without prior permission will be disregarded.

E. 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.

F. Requests for Adjournments or Extensions of Time. All requests for adjournments or extensions of time must be made in writing, consistent with Paragraph 2.C above and with the word “SCHEDULING” included in the e-mail subject line, and 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 party seeks an exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161, the party must submit to the Court a proposed order (in Microsoft Word format) along with its request for adjournment or extension.

Absent an emergency, any request for extension or adjournment shall be made at least 48 hours prior to the deadline or scheduled appearance, and any request for adjournment of sentencing shall be made at least 72 hours prior to the scheduled proceeding. Requests for extensions will ordinarily be denied if made after the expiration of the original deadline.

G. Docketing of Letters. Absent a request to file a letter under seal, the parties should assume that any substantive letter will be docketed by the Court.

Revised: February 12, 2020

H. Format of Paper Submissions to Chambers. All paper submissions shall be stapled, binder-clipped, spiral- or comb-bound, or three-hole punched and placed in binders (not velo-bound).

3. Defense Counsel

A. Benefactor Payments. Whenever defense counsel has received, or is receiving, a benefactor payment that subjects counsel to a conflict of interest, counsel must inform the Court and request a Curcio hearing at the first conference.

B. 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 Assistant United States Attorney must also attend the conference.

4. Discovery Motions

In making discovery motions, counsel must comply with Southern District Local Criminal Rule 16.1. Any discovery motion must contain the Rule 16.1 affidavit.

5. Bail Modification

Any written request for a bail modification shall be filed at least 48 hours before the pertinent event or date. Any such request shall indicate whether the Government and the Pre-Trial Services Officer consent to the request.

6. Guilty Pleas

A. Plea Agreements and Pimentel Letters. When 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 one business day before the scheduled plea. Where the Government is providing a Pimentel letter, a copy of the Pimentel letter must be received by Chambers at least one business day before the scheduled plea. These documents should be e-mailed to the Court at OetkenNYSDChambers@nysd.uscourts.gov.

B. Preparation for Allocution. Prior to the date set for the plea, defense counsel are expected to have reviewed with the defendant—if necessary, with the assistance of an interpreter—any Pimentel letter or plea, cooperation, or other agreement. Defense counsel and the defendant should execute any plea or cooperation agreement prior to the time set for the plea. The defendant should also be prepared in advance of a guilty plea to give narrative allocutions that incorporate all of the elements of the offense(s) to which the defendant is pleading guilty.

Revised: February 12, 2020

7. Trials

A. Proposed Voir Dire, Jury Instructions, and Verdict Forms. At the time of filing, each party should submit two courtesy hard copies of its proposed voir dire, proposed jury instructions, and a proposed verdict form to the Court. In addition, each party should e-mail those documents, as Microsoft Word documents, to OetkenNYSDChambers@nysd.uscourts.gov.

B. Exhibits and 3500 Material. At least two business days before the start of trial, the parties shall submit a flash drive containing electronic copies of all exhibits.
At the start of the trial, each of the parties must provide the Court with two hard copies of the exhibit list, and one set of pre-marked documentary exhibits (and Section 3500 material from the government), assembled sequentially in a loose leaf binder, or in separate manila folders labeled with the exhibit numbers and placed in a suitable container for ready reference.

8. Sentencing

A. Sentencing Adjournments. Any request for an adjournment of a sentencing should be made as early as possible, and no later than 72 hours before the sentencing proceeding, in accordance with Paragraph 2.F above.

B. Sentencing Submissions. Unless otherwise ordered by the Court, a defendant’s sentencing submission shall be served two weeks in advance of the date set for sentencing. The Government’s sentencing submission shall be served one week in advance of the date set for sentencing. The parties should provide the Court with two courtesy hard copies of each submission when it is served.

C. Public Filing. The Court assumes that every document in a sentencing submission, including letters, will be filed in the public record either in paper form or through the ECF system, using one of the following two procedures:

i. Paper Filing. If letters are filed as hard copies, a party shall group all letters together in a single paper filing under a cover marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated and submit it to the Clerk’s Office.

ii. ECF Filing. If letters are filed electronically, they must be grouped and filed together as attachments to a single document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated.

D. Letters. 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.

Revised: February 12, 2020

E. Privacy Policy. The parties are referred to the E-Government Act of 2002 and the Southern District’s ECF Privacy Policy (“Privacy Policy”) and reminded not to include, unless necessary, the five categories of “sensitive information” in their submissions (i.e., social security numbers, names of minor children [use the initials only], dates of birth [use the year only], financial account numbers, and home addresses [use only the City and State]).

F. Redactions. If any material is redacted from a publicly filed document, only those pages containing the redacted material will be filed under seal. Bring a copy of those pages to the sentencing proceeding, marked to indicate what information has been redacted from the publicly filed materials, to give to the Court for filing under seal.

i. Redactions Not Requiring Court Approval. Parties may redact the five categories of “sensitive information” and the six categories of information requiring caution (i.e., personal identifying number, medical records, treatment and diagnosis, employment history, individual financial information, proprietary or trade secret information, and information regarding an individual’s cooperation with the government), as described in the Privacy Policy, without Court approval.

ii. Redactions 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. The application will be addressed at the sentencing proceeding.

If you have any questions about these practices, please contact Bruce Hampton, Courtroom Deputy, at (212) 805-4701.

Individual Rules and Practices in Civil Cases

Revised: July 18, 2025

INDIVIDUAL RULES AND PRACTICES IN CIVIL CASES

J. Paul Oetken United States District Judge Southern District of New York

Chambers Room 2101 40 Foley Square New York, NY 10007 (212) 805-0266 Courtroom Courtroom 706 40 Foley Square Courtroom Deputy: Bruce Hampton (212) 805-4701

Email: OetkenNYSDchambers@nysd.uscourts.gov

Unless otherwise ordered by the Court, these Individual Rules apply to all civil matters before Judge Oetken, unless—in a civil pro se case—they conflict with the supplementary Individual Rules and Practices in Civil Pro Se Cases (available at https://www.nysd.uscourts.gov/hon-j-paul-oetken), which control. If a case has been referred to a magistrate judge for general pretrial purposes, the magistrate judge’s individual rules will control with respect to all matters within the scope of the reference.

A. Text-Searchable Submissions ........................................................................................ 2 B. Amended or Corrected Filings ...................................................................................... 2 C. No Courtesy Copies......................................................................................................... 2 A. Letters and Letter-Motions ............................................................................................ 2 B. Telephone Calls and Emails ........................................................................................... 3 C. Hand Deliveries ............................................................................................................... 3 D. Requests for Adjournments or Extensions of Time ..................................................... 3 E. Related and Consolidated Cases .................................................................................... 4 F. ECF ……………………………………………………………………………………..4 G. Urgent Communications ................................................................................................ 4 H. Multi-Media Filings ........................................................................................................ 4 A. In-Person Conferences.................................................................................................... 4 B. Teleconferences ............................................................................................................... 4 C. Attendance by Principal Trial Counsel......................................................................... 5 D. Discovery Disputes .......................................................................................................... 5 E. Participation by Junior Attorneys ................................................................................. 5 A. Letter-Motions................................................................................................................. 6 B. Pre-Motion Conferences in Civil Cases ........................................................................ 6 1. Guidelines for All Submissions ............................................................................................ 2 2. Communications with Chambers ........................................................................................ 2 3. Conferences ........................................................................................................................... 4 4. Motions and Pretrial Procedure .......................................................................................... 6

C. Memoranda of Law......................................................................................................... 6 D. Unpublished Cases .......................................................................................................... 6 E. Oral Argument on Motions ............................................................................................ 6 G. Summary Judgment Motions ........................................................................................ 7 H. Preliminary Injunction Motions .................................................................................... 7 I. Motions to Exclude Testimony of Experts .................................................................... 7 J. Default Judgment Motions ............................................................................................. 8 K. Proposed Stipulations and Orders ................................................................................ 9 L. Applications for Temporary Restraining Orders ........................................................ 9 M. Settlement Agreements ................................................................................................. 10 N. Bankruptcy Appeals ..................................................................................................... 10 A. Joint Pretrial Order ...................................................................................................... 10 B. Required Pretrial Filings .............................................................................................. 12 C. Electronic Copies of Exhibits and Exhibit Lists ........................................................ 12 D. Requests to Charge and Proposed Voir Dire .............................................................. 13 E. Additional Submissions in Non-Jury Cases ................................................................ 13 F. Filings in Opposition ..................................................................................................... 14 A. Redactions Not Requiring Court Approval ................................................................ 14 B. Redactions and Sealed Filings Requiring Court Approval ....................................... 14 C. Procedures for Filing Sealed or Redacted Documents .............................................. 14

1. Guidelines for All Submissions

A. Text-Searchable Submissions. Every submission should be in text-searchable format created by converting the document electronically to PDF by computer (that is, not by scanning a printed document). If a PDF is created by scanning a printed document (for instance, in the case of a pre-existing documentary exhibit), the party should use software to make the document text searchable whenever possible.

B. Amended or Corrected Filings. Any amended or corrected filing shall be filed with a redline showing all differences between the original and revised filing.

C. No Courtesy Copies. Unless the Court orders otherwise, or as provided otherwise in these Rules (see, e.g., paragraph 6(C)(iv) regarding sealed cases), parties should not submit courtesy copies of any submissions.

2. Communications with Chambers

A. Letters and Letter-Motions. Except as otherwise provided below, communications with the Court should be by letter or letter-motion, filed electronically on ECF. Letters seeking relief should (if consistent with the 5. Trial Submissions and Procedures .................................................................................... 10 6. Redactions and Sealed Filings............................................................................................ 14 7. Use of Electronic Devices .................................................................................................... 16

S.D.N.Y. Local Rules and the S.D.N.Y. Electronic Case Filing Rules and Instructions) be filed on ECF as letter-motions in accordance with paragraph 4(A) below, not as ordinary letters.

Unless otherwise ordered by the Court, letters (including letters regarding discovery disputes) may not exceed four pages in length. 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. Telephone Calls and Emails. Communications with Chambers, including requests for extensions or adjournments, shall be by letter or letter-motion filed on ECF in accordance with paragraphs 2(A) and 4(A). For urgent matters requiring immediate attention (i.e., in less than one business day), call Chambers at (212) 805-0266. Technical questions pertaining to ECF filings should be directed to the ECF Help Desk at helpdesk@nysd.uscourts.gov or (212) 805-0800. Counsel may not submit substantive case-related communications by email without leave of the Court. Counsel should attempt to include on any substantive call to Chambers counsel for all parties and, if unsuccessful. Court staff generally will not answer substantive questions or interpret procedural rules on ex parte calls.

C. 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 200 Worth Street, New York, NY 10007 and may not be brought directly 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 filing has arrived that needs to be retrieved by Chambers staff immediately.

D. Requests for Adjournments or Extensions of Time. Before requesting an adjournment or an extension of time, parties must first seek consent from the opposing party or parties—and parties are strongly encouraged to consent to reasonable requests. All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions, not as ordinary letters, proposed stipulations, or proposed orders. The letter-motion must state: (1) the original deadline and the proposed new deadline; (2) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent; (3) the number of previous requests for adjournment or extension, and whether those previous requests were granted or denied; and (4) the reasons for the requested adjournment or extension. If the extension will affect any other deadlines in the case, the party seeking the extension should propose amendments to those deadlines as well. Requests for extensions of deadlines regarding a

matter that has been referred to a magistrate judge shall be addressed to that assigned magistrate judge.

Absent an emergency, any request for extension or adjournment shall be made at least 48 hours prior to the deadline or scheduled appearance. Requests for extensions will ordinarily be denied if made after the expiration of the original deadline.

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. 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. 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 assistance with updating contact information, please contact the ECF Help Desk at helpdesk@nysd.uscourts.gov or (212) 805-0800; do not file a letter- motion advising the Court of the change.

G. Urgent Communications. As a general matter, materials filed via ECF are reviewed by the Court the business day after they have been filed. If a submission requires more immediate attention, the filing party should notify Chambers by telephone, consistent with the procedures required by paragraph 2(B), after filing the submission on ECF.

H. Multi-Media Filings. Any audio, video, or other multi-media filings shall be submitted on a USB drive and hand-delivered to the 200 Worth Street entrance in accordance paragraph 2(C).

3. Conferences

A. In-Person Conferences. Unless otherwise ordered by the Court, all in-person conferences will be held in Courtroom 706 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York NY, 10007. If any counsel wishes for a conference to be conducted remotely (by telephone or video), he or she should confer with all other counsel and promptly file a letter-motion to that effect in accordance with paragraph 4(A). B. Teleconferences. Unless otherwise ordered by the Court, any proceeding held by telephone will be on the Court’s dedicated conference line, which can be accessed

by calling (855) 244-8681 and then entering Attendee ID Number 2312 828 7066, followed by the pound (#) key. The following procedures shall apply to all teleconferences with the Court: i. Counsel should use a landline whenever possible, should use a headset instead of speakerphone, and must mute themselves whenever they are not speaking to eliminate background noise.
ii. To facilitate orderly teleconferences and the creation of an accurate transcript where a teleconference is held on the record, counsel are required to identify themselves every time they speak. Counsel should spell any proper names for the court reporter. Counsel should also take special care not to interrupt or speak over one another.
iii. If there is a beep or chime indicating that a new caller has joined while counsel is speaking, counsel should pause to allow the Court to ascertain the identity of the new participant and confirm that the court reporter has not been dropped from the call. iv. Broadcasting or recording of any court conference is prohibited by law.
C. Attendance by Principal Trial Counsel. Absent leave of the Court, the attorney who will serve as principal trial counsel must appear at all conferences with the Court. Any attorney appearing before the Court must enter a notice of appearance on ECF.

D. Discovery Disputes. Parties must follow Local Civil 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 seeking discovery shall promptly file on ECF a letter-motion, no longer than four pages, explaining the nature of the dispute and, if applicable, why the party is entitled to relief and requesting an informal conference. Any letter-motion seeking relief must include a representation that the meet-and-confer process occurred and was unsuccessful. Any opposition to a letter-motion seeking relief shall be filed as a letter, not to exceed four pages, within three business days. Counsel should be prepared to discuss with the Court the matters raised by such letters, as the Court will seek to resolve discovery disputes quickly, by order (based on the letters alone) or in a conference. Counsel should seek relief in accordance with these procedures in a timely fashion; if a party waits until near the close of discovery to raise an issue that could have been raised earlier, the party is unlikely to be granted the relief that it seeks or more time for discovery.

E. Participation by Junior Attorneys. 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. The Court may be inclined to grant a request for oral argument, which it generally disfavors, where doing so would afford the opportunity for a junior attorney to gain courtroom experience.
Nevertheless, at least one attorney appearing before the Court must have authority to bind the party they represent consistent with the proceeding (for example, by agreeing to a discovery or briefing schedule), and should be prepared to address any matters likely to arise at the proceeding.

4. Motions and Pretrial Procedure

A. Letter-Motions. When permitted by the S.D.N.Y. Local Rules and the S.D.N.Y. Electronic Case Filing Rules and Instructions, letters seeking relief should be filed on ECF as letter-motions, not as ordinary letters. In particular, all requests for adjournments, extensions, and pre-motion conferences (including pre-motion conferences with respect to discovery disputes) should be filed as letter-motions.

B. Pre-Motion Conferences in Civil Cases. Pre-motion conferences are not required, except for disputes concerning discovery, which are governed by paragraph 3(D) above.

C. Memoranda of Law. The typeface, margins, spacing, and length of motion papers must conform to Local Civil Rule 7.1 (or, in the case of a motion for reconsideration, Local Civil Rule 6.3). Per Local Civil Rule 7.1, memoranda of law in support of and in opposition to motions (other than motions for reconsideration) 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 appendices to memoranda of law must be indexed.

D. Unpublished Cases. If a party cites a case not available in an official reporter, it should not provide copies of the case to Chambers if the case is available on Westlaw or Lexis.

E. Oral Argument on Motions. The Court does not routinely hold oral argument on motions. But a party may request oral argument by indicating “ORAL ARGUMENT REQUESTED” on the cover page of its memorandum of law. If a party believes that the Court would benefit from oral argument for a particular reason not obvious from the parties’ briefing, the party may file a letter—not a letter-motion—explaining the reason on ECF. Additionally, a party should advise the Court by letter if oral argument would be handled by a less experienced attorney because, as discussed in paragraph 3(E) above, that may make the Court more inclined to hold oral argument. If oral argument is requested, the Court will determine whether argument will be heard and, if so, advise counsel of the argument date.

F. Initial Case Management Conference. The parties shall submit a proposed Civil Case Management Plan and Scheduling Order to the Court at least seven calendar days before the initial case management conference.

G. Summary Judgment Motions

i. If the parties contemplate filing summary judgment motion(s), they shall first confer and jointly propose a briefing schedule for such motion(s) in a letter to the Court. Where cross-motions are anticipated, to avoid redundancy, the parties should propose a briefing schedule with deadlines for: (1) one party to file the initial motion; (2) the other party to file a cross-motion, with a single, consolidated memorandum of law supporting the cross-motion and opposing the initial motion; (3) the first party to file a single, consolidated memorandum of law replying in support of the initial motion and opposing the cross-motion; and (4) the cross-moving party to file a reply in support of the cross-motion.

ii. With respect to any deposition that is supplied, whether in whole or in part, in connection with a summary judgment motion, the index to the deposition should be included if it is available.

iii. The parties should provide the Court with an electronic, text-searchable copy of any hearing or deposition transcript, or portion thereof, on which the parties rely, if such a copy is available, unless doing so would be unduly burdensome.

iv. Memoranda of law should include sections discussing the relevant background and facts. Parties should not merely incorporate by reference their Local Civil Rule 56.1 Statements or Counterstatements.

v. The parties are directed to review Local Civil Rule 56.1, including its requirements that a party’s statement of material facts be “short,” “concise,” and contain only facts as to which “there is no genuine issue to be tried.” The Court strongly encourages parties to confer and file a joint statement of undisputed material facts. Excessively voluminous or otherwise improper Rule 56.1 statements will be stricken and the parties will be directed to refile proper statements.

H. Preliminary Injunction Motions. The Court generally follows the procedure for the conduct of non-jury trials described in paragraph 5(E) below.

I. Motions to Exclude Testimony of Experts. Unless the Court orders otherwise, motions to exclude the testimony of experts, pursuant to Rules 702-705 of the Federal Rules of Evidence and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), and its progeny, must be made by the deadline for dispositive motions and should not be treated as motions in limine. Absent leave

of the Court, the moving party must file a single motion and single, consolidated memorandum of law, consistent with paragraph 4(C) above, even when seeking to exclude the testimony of multiple experts.

J. Default Judgment Motions. If a party fails to respond to a claim, the party asserting the claim should promptly move for entry of default judgment if appropriate. If a failure to answer is the basis for the default, the party seeking a default judgment must begin by seeking a Clerk’s Certificate of Default pursuant to Local Civil Rule 55.1. Only after obtaining a Clerk’s Certificate of Default should the party proceed to filing a motion for default judgment on ECF pursuant to Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2. (Counsel should therefore seek and obtain a Clerk’s Certificate of Default well in advance of any Court-imposed deadline to move for default judgment.)

A party seeking a default judgment should not proceed by order to show cause.
Any motion for default judgment must be supported by the following papers:

i. an attorney’s affidavit or declaration pursuant to Local Civil Rule 55.2(a)(1);

ii. a statement of damages, sworn or affirmed to by one or more people with personal knowledge, showing the proposed damages and the basis for each element of damages, including interest, attorney’s fees, and costs;

iii. a memorandum of law setting forth:

(a) the basis for entering a default judgment, including a description of the method and date of service of the summons and complaint;

(b) the procedural history beyond service of the summons and complaint, if any;

(c) legal authority for why such service was proper;

(d) the basis for subject-matter and personal jurisdiction;

(e) whether, if the default is applicable to fewer than all of the counterparties, the Court may appropriately order a default judgment on the issue of damages prior to resolution of the entire action;

(f) legal authority for why an inquest into damages would be unnecessary;

iv. if the proposed damages are supported by calculations, native versions of the files with calculations (i.e., versions of the files in their original format, such as in “.xlsx”), which shall be emailed to Chambers at OetkenNYSDChambers@nysd.uscourts.gov;

v. a proposed default judgment;

vi. copies of all the operative pleadings;

vii. a copy of the affidavit of service of the summons and complaint; and

viii. a certificate of service stating that all documents in support of the request for default judgment have been personally served on or mailed to the party against whom default judgment is sought, pursuant to Local Civil Rule 55.2(a)(3), which shall filed within 14 days of the filing of the motion for default judgment.

K. Proposed Stipulations and Orders. In accordance with the Local Rules and the Electronic Case Filing Rules and Instructions, parties should file on ECF all proposed stipulations and orders that they wish the Court to sign, using the appropriate ECF filing event. See SDNY ECF Rules & Instructions §§ 13.17-19 & App’x A. Counsel should also email an electronic copy of any proposed orders to Chambers, in both PDF and Word formats. As noted above, requests for extensions and adjournments must be made by letter-motion, not by proposed stipulation or proposed order.

L. Applications for Temporary Restraining Orders. A party should confer with its adversary before making an application for a temporary restraining order unless the party seeking relief is able to satisfy the requirements for obtaining temporary relief without notice to the adverse party set forth in Rule 65(b)(1) of the Federal Rules of Civil Procedure. In the absence of an emergency that would justify seeking immediate relief in person:

i. if the party seeking relief believes that Rule 65(b)(1)’s requirements can be met and a temporary restraining order should issue without notice to the adverse party, the party should file its papers on ECF under seal (or, if ECF is not a viable option, by email to Chambers at OetkenNYSDchambers@nysd.uscourts.gov) and then call Chambers at (212) 805-0266; or

ii. if the party seeking relief is prepared to seek relief on notice to the adverse party, the party seeking relief should simultaneously file its papers on

ECF, serve them on all other parties, and then call Chambers with all parties on the line (at the number above).

M. Settlement Agreements. Unless the Court orders otherwise, the Court will not retain jurisdiction to enforce confidential settlement agreements. If the parties wish that the Court retain jurisdiction to enforce a settlement agreement, the parties must place the terms of their agreement on the public record. The parties may either provide a copy of the settlement agreement for the Court to endorse or include the terms of their settlement agreement in their stipulation of settlement and dismissal.

Settling parties in cases brought under the Fair Labor Standards Act should also refer to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), and Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332 (S.D.N.Y. 2012).

N. Bankruptcy Appeals. The parties must comply with the briefing schedule and the format and length specifications set forth in the Federal Rules of Bankruptcy Procedure 8014-8018 unless otherwise ordered by the Court.

5. Trial Submissions and Procedures

A. Joint Pretrial Order. Unless otherwise ordered by the Court, no later than thirty days after the date for the completion of all discovery or, in the event a dispositive motion is filed, no later than thirty days after the Court’s ruling on such motion, the parties shall both file on ECF, as a “Joint Pretrial Statement,” and submit by email to the Court (OetkenNYSDchambers@nysd.uscourts.gov) a proposed joint pretrial order, which shall include the following:

i. the full caption of the action;

ii. the names, law firms, addresses, telephone number, and email addresses of trial counsel if not already listed on the docket;

iii. a brief statement by plaintiff (or, in a removed case, by 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 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 that 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 (in alphabetical order) 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;

ix. any stipulations or agreed statements of fact or law to which all parties 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;

x. a list of all trial witnesses (in alphabetical order), 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. Absent leave of the Court, a witness listed by both sides shall testify only once (with the defendant permitted to go beyond the scope of the direct on cross-examination), and counsel should confer with respect to scheduling;

xi. designations by each party of deposition testimony to be offered in its case-in-chief and any and counter-designations as follows:

(a) a chart listing (1) the designations and counter-designations; (2) any objections, including the bases for such objections; (3) a brief response to each objection; and

(b) transcripts of each relevant deposition with designations, counter- designations, and objections highlighted in different colors.

The parties need not designate deposition testimony to be used for impeachment purposes only. The parties should limit their designations to those that they actually intend to use at trial;

xii. a list by each party of all exhibits to be offered in its case-in-chief, with a single 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 that the Court should rule on such an objection in advance

of trial, that party should include a notation to that effect (e.g., “Advance Ruling Requested”) as well. In general, the Court will rule on relevance and authenticity objections at the time of trial;

xiii. 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

xiv. a statement of whether the parties consent to less than a unanimous verdict.

B. Required Pretrial Filings. Unless otherwise ordered by the Court, each party shall file with the joint pretrial order:

i. in all cases, motions addressing any evidentiary issues or other matters that should be resolved in limine. Absent leave of the Court, each party must file a single memorandum of law, consistent with paragraph 4(C) above, in support of all motions in limine filed by that party. No motion in limine will be considered or decided unless the moving party’s memorandum of law includes a certification that, prior to filing the motion, the parties conferred, in person or by telephone, in a good faith effort to resolve the issue(s) asserted in the motion without the intervention of the Court and were unable to reach an agreement;

ii. in all jury cases, joint requests to charge, joint proposed verdict forms, and joint proposed voir dire questions as specified by paragraph 5(D) below;

iii. in all 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. At the time of filing, parties should also submit copies of these documents to the Court by email (OetkenNYSDchambers@nysd.uscourts.gov), both in .pdf format and as a Microsoft Word document;

C. Electronic Copies of Exhibits and Exhibit Lists. Unless otherwise ordered by the Court, the parties shall also submit with the joint pretrial order (but not file on ECF) an electronic copy of each exhibit sought to be admitted (with each filename corresponding to the relevant exhibit number — e.g., “PX-1,” “DX-1,” etc.). (If the files are too large for submission by email, follow the directives for multi-media filings, see paragraph 2(H) above.) If submission of electronic copies would be an undue burden on a party, the party may seek leave of the Court (by letter-motion filed on ECF) to submit prospective documentary exhibits in hard copy, which should be pre-marked with exhibit numbers.

The parties shall email to the Court (OetkenNYSDChambers@nysd.uscourts.gov) a Microsoft Word document 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. Unless the Court orders otherwise, the parties shall confer at the end of each trial day and, no later than the beginning of the next trial day, email to the Court an updated list indicating (in the third and fourth columns) each exhibit that was identified and/or admitted.

D. Requests to Charge and Proposed Voir Dire. Unless otherwise ordered by the Court, in all jury trials, joint requests to charge, joint proposed verdict forms, and joint proposed voir dire questions shall be submitted as attachments to the proposed joint pretrial order. For any request to charge or proposed voir dire question on which the parties cannot agree, each party should clearly set forth its proposed charge or question, and briefly state why the Court should use its proposed charge or question, with citations to supporting authority. Absent good reason, the parties should 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. At the time of filing, the parties should also submit copies of these documents to the Court by email (OetkenNYSDChambers@nysd.uscourts.gov) as Microsoft Word documents.

E. Additional Submissions in Non-Jury Cases. Unless otherwise ordered by the Court, at the time the joint pretrial order is filed, each party in a non-jury trial shall submit to the Court by email (OetkenNYSDchambers@nysd.uscourts.gov) and serve on opposing counsel, but not file on ECF, the following:

i. copies of affidavits constituting the direct testimony of each trial witness, except for the direct testimony of an adverse party, a person whose attendance is compelled by subpoena, or a person for whom the Court has agreed to hear direct testimony live at the trial. The affidavit should be treated as a direct substitute for the witness’s live testimony; that is, counsel should be attentive to the Rules of Evidence (e.g., hearsay and the like) and authenticate any exhibits that will be offered through that witness’s testimony. Three business days after submission of such affidavits, counsel for each party shall submit a list of all affiants whom he or she intends to cross-examine at the trial. Only those witnesses who will be cross-examined need to appear at trial. The original signed affidavits should be brought to trial to be marked as exhibits, at which time any objections to particular paragraphs of an affidavit can be made; and

ii. all 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.

F. Filings in Opposition. Unless otherwise ordered by the Court, any party may file the following documents within one week after the filing of the 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.

6. Redactions and Sealed Filings

A. Redactions Not Requiring Court Approval. The parties are referred to Rule 5.2 of the Federal Rules of Civil Procedure and the Southern District’s ECF Privacy Policy (“Privacy Policy”). There are two categories of information that may be redacted from public court filings without prior permission from the Court: “sensitive information” and information requiring “caution.” 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]). 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).

B. Redactions and Sealed Filings Requiring Court Approval. Except for redactions permitted by the previous paragraph, all redactions or sealing of public court filings require Court approval. To be approved, any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must be 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, neither the parties’ consent nor the fact that information is subject to a confidentiality agreement between litigants is, 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., No. 14-MD-2543, 2015 WL 4750774, at *4 (S.D.N.Y. Aug. 11, 2015).

C. Procedures for Filing Sealed or Redacted Documents. Any party seeking to file a document under seal or in redacted form shall proceed as follows:

i. Meet and Confer. The party should meet and confer with any opposing

party (or any third party seeking confidential treatment of the information) in advance to narrow the scope of the request. When a party seeks leave to file a document under seal or in redacted form on the ground that an opposing party or third party has requested it, the filing party shall notify the opposing party or third party that it must file, within three business days, a letter explaining the need to seal or redact the document.

ii. Sealed Document(s). The party shall file a letter-motion seeking leave to file a document under seal on ECF in accordance with Standing Order 19- MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion itself shall be filed in public view, should explain the reasons for seeking to file the document under seal, and should not include confidential information. The proposed sealed document shall be contemporaneously filed under seal on ECF (with the appropriate level of restriction) and electronically related to the motion (or to the relevant Court order if the Court previously granted leave to file the document under seal). Note that the summary docket text, but not the document itself, will be open to public inspection and, thus, should not include confidential information sought to be filed under seal.

iii. Redacted Document(s). Where a party seeks leave to file a document in redacted form, the party shall file a letter-motion seeking leave to file a document in redacted form on ECF in accordance with Standing Order 19- MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion itself shall be filed in public view, should explain the reasons for seeking to file the document in redacted form, and should not include confidential information. At the same time, the party shall (1) publicly file on ECF and electronically relate to the letter-motion a copy of the document with the proposed redactions; and (2) file under seal on ECF (with the appropriate level of restriction) and electronically relate to the motion an unredacted copy of the document with the proposed redactions highlighted.

iv. Submission by Email and Sealed Cases. For cases that are entirely under seal, or where a party is unable to comply with the requirements for electronic filing under seal through the ECF system (or believes that a particular document should not be electronically filed at all), the party shall submit any filing by email—at OetkenNYSDchambers@nysd.uscourts.gov—as a text-searchable .pdf attachment 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 names and docket number; and (2) a brief description of the contents of the letter. Parties may not include substantive communications in the body of the email; such communications may be included only in the body of the letter.

7. Use of Electronic Devices
   The use of electronic devices (including mobile telephones, personal electronic devices, and computers) within the Courthouse and its environs is governed by the Court’s Standing Order M10-468, available at https://nysd.uscourts.gov/sites/default/files/2018- 06/standing-order-electronic-devices.pdf. If required by the Standing Order, counsel seeking to bring a device into the Courthouse shall submit an Electronic Device and Wi- Fi Access Request Form, available on the Court’s website, to the Court by e-mail (OetkenNYSDchambers@nysd.uscourts.gov) as early as possible—and certainly no later than three business days before the start of the trial or hearing, or one week if Wi-Fi is requested. Requests submitted later than three business days prior to the relevant trial or hearing may be denied on that basis alone. If permitted by the Standing Order, mobile telephones are permitted inside the Courtroom, but they must be kept turned off at all times. Non-compliance with this rule may result in forfeiture of the device for the remainder of the proceedings.

Individual Rules and Practices in Civil Pro Se Cases

Revised: February 16, 2021

INDIVIDUAL RULES AND PRACTICES IN CIVIL PRO SE CASES

J. PAUL OETKEN UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF NEW YORK

Pro Se Intake Office U.S. District Court Southern District of New York Thurgood Marshall U.S. Courthouse 40 Centre Street, Room 105 New York, NY 10007 (212) 805-0175

1. Each pro se party must maintain a current mailing address of record. If a pro se party’s mailing address changes, he or she must inform the Pro Se Intake Office promptly. If a pro se party fails to comply with this rule, his or her claims may be dismissed.

2. Any written communications by a pro se party should state the case name and case number — for example, Jones v. Smith, 20-CV-1234 (JPO) — and should be sent to the Pro Se Intake Office at the above address. Any urgent questions should be directed to the Pro Se Intake Office at (212) 805-0175.

3. Unless otherwise provided below, communications with the Court by parties represented by counsel shall be governed by Judge Oetken’s Individuals Rules and Practices in Civil Cases.

FILING PAPERS

4. Pro se parties should file papers by mailing or hand-delivering them to the Pro Se Intake Office, Thurgood Marshall U.S. Courthouse, 40 Centre Street, Room 105, New York, NY

5. Pro se parties should not mail copies of their filings to Judge Oetken’s chambers.

6. Pro se parties who have internet access are encouraged to (1) consent to electronic service (via ECF or email); or (2) seek the Court’s permission to file documents through the ECF system or by email to the Court. Unless the Court grants permission to file documents electronically, all communications with the Court by a pro se party must be sent to the Pro Se Intake Office, as noted above.

7. Any pro se party who wishes to participate in electronic case filing (“e-filing”) must file a Motion for Permission for Electronic Case Filing (available at http://nysd.uscourts.gov/file/forms/motion-for-permission-for-electronic-case-filing-for-pro- se-cases and in the Pro Se Office).

Revised: February 16, 2021

7. If a pro se party consents to electronic service (via ECF or email) or 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 or served by email.

8. Absent consent to electronic service, counsel appearing opposite a pro se party shall serve the pro se party with a paper copy of each document that is filed electronically. The Court will not consider submissions filed without an affirmation that the pro se party was so served.

DISCOVERY REQUESTS

9. All pro se requests for discovery, and responses to discovery requests, should be sent to counsel for the opposing party. Discovery requests and responses should not be sent to the Court or filed on ECF.

MOTIONS

10. Filing and Service: Unless otherwise ordered by the Court, papers filed in opposition to a motion 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 service of opposition papers.

11. Pro Se Notices. Counseled parties who file a motion to dismiss, a motion for judgment on the pleadings, or a motion for summary judgment must provide the pro se party with a copy of the notices required under Local Civil Rules 12.1 or 56.2.

12. Deadline for Summary Judgment Motions. Unless otherwise ordered by the Court, any motion for summary judgment shall be filed within 14 days after the close of discovery.

TRIAL

13. Within 30 days after the completion of discovery, or 30 days after a decision denying summary judgment (whichever is later), a pro se party shall file a concise, written Pretrial Statement. This Statement does not need to take any particular form, but it must contain the following: (1) a statement of the facts the pro se party intends to prove at trial; (2) a list of all documents or other physical objects that the party plans to put into evidence at trial; and (3) a list of the names and addresses of all witnesses whom the party intends to have testify at trial.
    The Statement must be sworn by the pro se party to be true and accurate based on the facts known by the party. Two weeks after the pro se party files his or her Statement, the other parties shall file and serve a similar Statement of their case containing the same information.

14. Within 30 days after the completion of discovery, or 30 days after a decision denying summary judgment (whichever is later), if the case is to be tried before only a Judge without a jury, any parties represented by counsel must submit proposed findings of fact and conclusions of law. If the case will be tried before a jury, any parties represented by counsel must submit a proposed jury charge. The pro se party may also file either proposed findings of fact and conclusions of law or a proposed jury charge within 30 days of the close of discovery, but is not required to do so.

Revised: February 16, 2021

15. Pro Se Clinic. In 2016, a Pro Se Law Clinic opened in this District to assist non-incarcerated people who are parties in civil cases and do not have lawyers. The Clinic may be able to provide a non-incarcerated pro se litigant with advice in connection with his or her case. The Pro Se Law Clinic is run by a private organization called the New York Legal Assistance Group; it is not part of, or run by, the Court (and it therefore cannot accept filings on behalf of the Court, which must still be made by any unrepresented party through the Pro Se Intake Office). The Clinic is located in the Thurgood Marshall U.S. Courthouse, 40 Centre Street, New York, New York, in Room LL22, which is just inside the Pearl Street entrance to that Courthouse. The Clinic is open on weekdays from 10 a.m. to 4 p.m., except on days when the Court is closed. An unrepresented party can make an appointment in person or by calling (212) 659-6190.

Model Protective Order

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

________________________, Plaintiff(s),

-v-

________________________, Defendant(s).

-CV-____ (JPO)

PROTECTIVE ORDER

J. PAUL OETKEN, 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:
1. 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.

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.
7. 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 this Court’s Individual Rules and 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 this Court’s Individual Rules and 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.

All persons seeking to file redacted documents or documents under seal with the Court shall comply with this Court’s Individual Rules and 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 after 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

J. PAUL OETKEN 





     United States District Judge 

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

________________________, Plaintiff(s),

-v-

________________________, Defendant(s).

-CV-____ (JPO)

NONDISCLOSURE AGREEMENT

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: ______________

View source on SDNY.uscourts.gov →