Judge Jennifer H. Rearden — United States District Court, Southern District of New York

Revised: March 6, 2026

INDIVIDUAL RULES AND PRACTICES IN CIVIL CASES JENNIFER H. REARDEN, United States District Judge

Chambers

Courtroom United States District Court

500 Pearl Street, Courtroom 12B Southern District of New York

Khalilah Williams, Courtroom Deputy 500 Pearl Street, Room 1010

New York, NY 10007

ReardenNYSDChambers@nysd.uscourts.gov

Unless otherwise ordered by Judge Rearden, these Individual Rules and Practices apply to all civil matters except for civil pro se cases (see Individual Rules and Practices in Civil Pro Se Cases, available at https://nysd.uscourts.gov/hon-jennifer-h-rearden).

1. Guidelines for All Submissions

A. ECF. In accordance with the S.D.N.Y. Electronic Case Filing Rules and Instructions, except as otherwise expressly provided, all documents required to be filed with the Court must be filed electronically. Counsel must register promptly as ECF filers and enter an appearance in the case. Counsel are responsible for updating their contact information on ECF as needed, and for checking the docket 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.

B. Text-Searchable Submissions. Every electronic submission, except for submissions that shall be provided in Microsoft Word format as required under these Rules and Practices, or as otherwise provided in the S.D.N.Y. Electronic Case Filing Rules and Instructions, should be in text-searchable format created by converting the document electronically to PDF. Whenever possible, 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 render the PDF text-searchable.

C. Formatting. Unless otherwise ordered by the Court or as set forth in these Rules and Practices, the typeface, margins, and spacing of all papers submitted to the Court shall conform to the requirements of the S.D.N.Y. Local Rules, including Local Civil Rule 11.1.

D. Amended or Corrected Filings. Any amended or corrected filing (including but not limited to amended pleadings) shall be filed with a redline showing all differences between the original and revised filing. Any motion to amend a pleading shall similarly be filed with a redline showing all differences between the operative pleading and the proposed amended pleading.

2. Communications with Chambers

A. Letters. Except as provided below, communications with Chambers shall be by letter, not to exceed five double-spaced pages. Letters should be filed electronically on ECF in accordance with the S.D.N.Y. Electronic Case Filing Rules and Instructions. Letters seeking relief should (if consistent with the 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 Rule 5.I below, not as ordinary letters.
Copies of correspondence between counsel shall not be sent to the Court, unless the correspondence is a relevant attachment to a filing.

B. Telephone Calls. Communications with Chambers, including requests for extensions or adjournments, shall be by letter or letter-motion filed on ECF in accordance with these Rules and Practices. For questions that cannot be answered by reference to these Rules or the S.D.N.Y. Local Rules, or for docketing, scheduling, or calendar matters, counsel may contact the Courtroom Deputy, Khalilah Williams. For situations requiring immediate attention from the Court, counsel should call Chambers directly; in such situations, parties should email ReardenNYSDChambers@nysd.uscourts.gov requesting the Court’s contact information.

C. Faxes. Faxes to Chambers are not permitted.

D. Hand Deliveries. Hand deliveries should be left with the Court Security Officers at the Worth Street entrance of the Courthouse. If a hand delivery requires the Court’s immediate attention, ask the Court Security Officers to notify Chambers that an urgent package has arrived.

E. Requests for Adjournments or Extensions of Time. All requests for extensions of time or adjournment of motions, pretrial conferences, or other matters must be made not less than two business days before the scheduled deadline or date. All such requests must be made in writing and filed on ECF as letter-motions, and should state: (1) the original date; (2) the number of previous requests for adjournment or extensions of time; (3) whether those previous requests were granted or denied; (4) the reason(s) for the requested extension; (5) whether the adversary consents, and, if not, the reason(s) given by the adversary for declining to consent; and (6) the date of the parties’ next scheduled appearance before the Court, as well as any other existing deadlines, and whether the requested adjournment or extension would affect those other deadlines or any other scheduled dates. If the requested adjournment or extension would affect any other scheduled deadlines or dates, a proposed Revised Scheduling Order must be attached. A Microsoft Word version of the Revised Scheduling Order must be emailed to ReardenNYSDChambers@nysd.uscourts.gov.
Requests for extensions made after the expiration of the original deadline or date will ordinarily be denied. Requests for extensions regarding a matter that has been referred to a Magistrate Judge shall be addressed to the assigned Magistrate Judge.

F. 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 Civ. 1234 [rel. 11 Civ. 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 under that docket number and should reference only that docket number.

3. Conferences

A. Attendance by Principal Trial Counsel. The attorney who will serve as principal trial counsel must appear at all conferences with the Court.

B. Initial Case Management Conference. The Notice of Initial Pretrial Conference will be filed on ECF. The Notice will direct the parties to file on ECF, approximately one week prior to the conference, a joint proposed Case Management Plan and Scheduling Order (using Judge Rearden’s fillable Civil Case Management Plan and Scheduling Order), as well as a joint letter. At that time, one courtesy copy of the pleadings should also be emailed to ReardenNYSDChambers@nysd.uscourts.gov.

i. At the conference, all parties should be prepared to discuss any pending or anticipated motions, as well as the basis for subject matter jurisdiction.

ii. In cases invoking the Court’s diversity jurisdiction, the parties’ joint letter must state:

a. If any party is a corporation, that party’s place of incorporation and the principal place of business, as defined in Hertz Corp. v. Friend, 559 U.S. 77 (2010).

b. If any party is a partnership, limited partnership, limited liability company, or trust, the citizenship of each entity’s members, shareholders, partners, and/or trustees.

C. Discovery Disputes. Follow Local Civil Rule 37.2 of the S.D.N.Y. Local Rules, 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, virtually, or by telephone—in an effort to resolve the dispute. Conferring in writing does not satisfy this requirement. If the dispute is not resolved, the party may file a letter- motion on ECF pursuant to Rule 5.I below, not to exceed six double-spaced pages, explaining the nature of the dispute and requesting an informal conference. Such a letter-motion must include a representation that the parties engaged in a good faith meet-and-confer process that proved unsuccessful. If the opposing party wishes to respond to the letter-motion, it should promptly send an e-mail to Chambers, copying all counsel of record, to advise that a responsive letter will be forthcoming. Any such responsive filing shall not exceed six double-spaced pages and must be filed on ECF within three business days of the filing of the letter-motion. Consistent with Local Civil Rule 5.1, any letter-motion or responsive filing shall quote or attach only those portions of the depositions, interrogatories, requests for documents, requests for admissions, or other discovery or disclosure materials, together with the responses

and objections thereto, that are the subject of the discovery dispute or are otherwise cited in the party’s filing. No other documents shall be submitted absent further order of the Court.

D. Participation by Junior Attorneys. To assist in training the next generation of attorneys, the Court strongly encourages relatively inexperienced attorneys—in particular, attorneys with less than five years’ experience—to participate in courtroom proceedings. Further, the Court is amenable to having multiple attorneys speak on behalf of a single party if doing so creates an opportunity for a lawyer who is relatively inexperienced. All attorneys appearing before the Court should be prepared to address any matters likely to arise at the proceeding and must have the authority to bind their clients with respect to the matters reasonably anticipated to be addressed (for example, by agreeing to a discovery or briefing schedule).

4. Applications for Temporary Restraining Orders

A. Any party wishing to seek a temporary restraining order should file a motion for a temporary restraining order, supporting documents, and a proposed order on ECF in accordance with the procedures in the S.D.N.Y. Electronic Case Filing Rules and Instructions. Information on filing an application ex parte may be found in Section 6 of the Electronic Case Filing Rules and Instructions. Where the motion is made on notice to the other parties, the movant should simultaneously serve the documents on any party that will not receive electronic service on ECF.

B. Unless the requirements of Federal Rule of Civil Procedure 65(b) are met, the movant shall confer with its adversary before making an application for a temporary restraining order or other emergency relief.

C. In addition to filing the proposed temporary restraining order in accordance with the S.D.N.Y. Electronic Case Filing Rules and Instructions, the movant shall file a letter- motion stating whether:

i. The adversary has been notified, and whether the adversary consents to temporary injunctive relief; or

ii. The requirements of Federal Rule of Civil Procedure 65(b) are satisfied, and no notice is necessary.

D. If the movant’s adversary has been notified but does not consent to temporary injunctive relief, the movant must bring the application to the Court at a mutually agreeable time, so that the Court may hear argument from both sides in reaching a determination.

E. The movant should email ReardenNYSDChambers@nysd.uscourts.gov, giving notice of the filing and the time frame requested for Court action. Where the motion is made on notice, all parties should be copied on the email. A courtesy copy of the motion papers should also be emailed.

5. Motions

A. Pre-Motion Conferences in Civil Cases. A pre-motion conference is required only for discovery-related motions (including discovery letter-motions addressed in Rule 3.C). A pre-motion conference will not be held for any other motion. To arrange a pre-motion conference, follow Rule 3.C governing discovery disputes.

B. Memoranda of Law. The typeface, margins, and spacing of motion papers must conform to Local Civil Rule 7.1(b). 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 memoranda are limited to 3,500 words. These limits do not include the caption, any index, table of contents, table of authorities, signature blocks, or any required certificates but do include material contained in footnotes or endnotes. All memoranda, regardless of length, shall contain a table of authorities. Memoranda of 10 pages or more also shall include a table of contents. All memoranda must include a certificate by the attorney, or party who is not represented by an attorney, that the document complies with the word-count limitations. These limits do not apply to motions for reconsideration under Local Civil Rule 6.3; parties should refer to that provision for applicable word or page limits and other information. Sur-reply memoranda will not be accepted absent leave of the Court. Requests to exceed these word limits, except for replies, must be made five business days before the deadline.
Requests to exceed the word limit for replies must be made two business days before the deadline.

C. Filing of Motion Papers. Motion papers shall be filed promptly after service.
Motion papers shall be accompanied by a letter no longer than three pages outlining the substantive argument advanced in the papers. Such letters shall accompany opening memoranda of law and opposition memoranda of law.

D. Notices of Motions when Filing Under Seal. When leave is sought to file a motion under seal or with redactions, the parties must comply with Rule 9.

E. Courtesy Copies. Once a motion has been fully submitted, the movant shall provide two courtesy hard copies of all motion papers (including any oppositions, replies, declarations, and exhibits) to Chambers by mail or delivery to Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007 and email a copy of the same to ReardenNYSDChambers@nysd.uscourts.gov. If exhibits to a motion are available on ECF and email transmission of the exhibits would be cumbersome (e.g., due to file size), the movant need not email the exhibit files to Chambers but should instead state in the email that the motion exhibits are available on ECF.

F. Oral Argument on Motions. Parties may request oral argument by letter (filed on ECF) at the time of filing their moving, opposing, or reply papers. The letter shall detail why oral argument would be beneficial. The requesting party’s memorandum of law shall also include the words “ORAL ARGUMENT REQUESTED” on the cover page. The Court will determine whether argument will be heard and, if so, will inform counsel of the argument date.

G. Preliminary Injunction Motions. The Court generally follows the procedure for the conduct of non-jury trials described in Rule 7.E below.

H. Default Judgments. Any party seeking a default judgment must do so pursuant to the procedure set forth in Attachment A. In accordance with Attachment A, parties seeking default judgment shall not proceed by order to show cause.

I. Letter-Motions. When letters seeking relief are permitted by the S.D.N.Y. Local Rules and the S.D.N.Y. Electronic Case Filing Rules and Instructions, including requests for adjournments, extensions, and pre-motion conferences, such letters shall be filed on ECF as letter-motions, not as ordinary letters.

J. Proposed Orders, Stipulations, and Judgments. All proposed orders, stipulations, and judgments must be submitted as attachments or exhibits to an application to the Court filed on ECF and must explain the purpose of the proposed order, stipulation, or judgment. The parties must also email a Microsoft Word version of proposed orders, stipulations, and judgments to ReardenNYSDChambers@nysd.uscourts.gov.

K. Summary Judgment Motions.
i. Generally Not Available in Non-Jury Cases. Absent good cause, the Court ordinarily will not permit summary judgment practice in a non-jury case.

ii. Courtesy Copy of Transcript. Where parties rely on deposition or hearing testimony, they should not include excerpts of transcripts as exhibits, but rather should include (only once) the entire transcript as an exhibit. The parties shall provide the Court by email with an electronic, text-searchable copy of the transcript, if such a copy is available.

iii. Local Rule 56.1 Statements. Pursuant to Local Civil Rule 56.1, a movant for summary judgment shall file a statement of material undisputed facts and the opposing party shall respond.

a. Electronic Copy to Other Parties. Any party moving for summary judgment shall provide all other parties with an electronic copy, in Microsoft Word format, of the moving party’s Statement of Material Facts Pursuant to Local Civil Rule 56.1.

b. Organization of 56.1 Statements. The 56.1 Statement must be organized into numbered paragraphs, with each numbered paragraph setting forth only one factual assertion. Each factual assertion must be followed by citation(s) to the portion(s) of the evidentiary record relied upon.

Opposing parties must reproduce each entry in the moving party’s Rule 56.1 Statement and set out the opposing party’s response directly beneath it. The response must state specifically what is admitted and what is disputed, and the basis for any dispute, citing specific portions

of the evidentiary record relied upon. The response may go on to include additional factual allegations, in paragraphs that are numbered consecutively to those of the moving party (i.e., the paragraphs do not begin re-numbering at 1, but rather pick up where the movant left off).

c. Multiple Parties Must Coordinate Statements. If multiple parties are submitting 56.1 Statements, they must coordinate their statements to provide for consecutive, non-overlapping, numbered paragraphs in their respective statements.

d. Joint Rule 56.1 Statement. To streamline the summary judgment briefing process, the Court strongly encourages the parties to negotiate and submit, prior to or along with the moving party’s Rule 56.1 Statement, a Joint Rule 56.1 Statement setting out all facts on which the parties agree.

iv. Statement of Facts. Each memorandum of law must include a statement of facts, and may not merely incorporate by reference the entirety of a party’s 56.1 Statement.

6. Other Pretrial Guidance

A. Diversity Jurisdiction Cases. In any action in which subject matter jurisdiction is founded on diversity of citizenship pursuant to 28 U.S.C. § 1332, the party asserting that such jurisdiction lies shall, prior to the Initial Pretrial Conference, file on ECF a letter not to exceed six double-spaced pages, explaining the basis for that party’s position. Where any party is a corporation, the letter shall state both the place of incorporation and the principal place of business. In cases where any party is a partnership, limited partnership, limited liability company, or trust, the letter shall state the citizenship of each entity’s members, shareholders, partners, and/or trustees.

B. Cases Removed from State Court. In addition to providing a copy of all process, pleadings, and papers served upon the defendants pursuant to 28 U.S.C. § 1446(a), counsel for the removing party or parties must provide the Court with a courtesy copy of any pleading filed or served while the case remained in state court. Counsel for all parties must file notices of appearance in this Court promptly upon removal.

C. Settlement Agreements. The Court will not retain jurisdiction to enforce confidential settlement agreements. If the parties prefer that the Court retain jurisdiction to enforce an agreement, the parties must place the terms of their settlement 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.

D. Fair Labor Standards Act (“FLSA”) Settlement Agreements. Parties that seek to settle FLSA claims through a stipulated dismissal with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) must submit the settlement agreement and all other necessary information for Court approval in accordance with Cheeks v.

Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). The Court will not approve a settlement agreement that contains an overly broad release clause or as to which the parties fail to submit all necessary information, including, inter alia, the parties’ estimations of the plaintiff’s number of hours worked, applicable wages, and a detailed breakdown of the justification for any requested attorneys’ fees. Parties that settle FLSA claims through a Federal Rule of Civil Procedure 68(a) offer of judgment should not seek Court approval of the disposition. See Mei Xing Yu v. Hasaki Rest., Inc., 944 F.3d 395, 411 (2d Cir. 2019).

E. Bankruptcy Appeals. Unless otherwise ordered, briefs must be submitted in accordance with the Federal Rules of Bankruptcy Procedure. Counsel may seek to extend the default deadlines by submitting a stipulation on ECF (with a courtesy copy in Microsoft Word format emailed to ReardenNYSDChambers@nysd.uscourts.gov), not later than five business days before the brief is due.

7. Trial Procedures

A. Joint Pretrial Order. Unless otherwise ordered by the Court, within 30 days of the close of discovery—or, if any dispositive motion is filed, within 30 days of the Court’s decision on such motion—the parties shall file on ECF, and email to the Court, a proposed Joint Pretrial Order that includes the information required by Rule 26(a)(3) of the Federal Rules of Civil Procedure, as well as the following:

i. The full caption of the action.

ii. The names, addresses (including firm names), telephone numbers, and email addresses of trial counsel.

iii. A brief statement by the plaintiff (or in a removed case, by the defendant) regarding 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 authority and relevant facts as to citizenship and jurisdictional amount.

iv. A brief summary by each party of the claims and defenses asserted by that party that remain to be tried, including citations to all statutes on which the party relies. The summary shall also identify any claims and defenses that the party has previously asserted that are not to be tried. The summary should not recite any evidentiary matters.

v. A statement by each party as to whether the case is to be tried with or without a jury, and the number of trial days needed.

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 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 party or parties do or do not consent.

ix. Any stipulations of fact or law on which the parties have agreed. 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, 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 Court, a witness listed by both sides shall testify only once, with the defendant permitted to go beyond the scope of the direct examination on cross- examination. Counsel should confer regarding scheduling.

xi. A designation by each party of deposition testimony to be offered in its case- in-chief and any counter-designations and objections by any other party. In addition to a designation list, the parties shall provide the complete deposition transcripts with color-coded highlighting indicating the portions designated by each party and the objections listed in the margins.

xii. A list of all proposed exhibits for each party’s case-in-chief. The list shall (1) mark each exhibit with one asterisk indicating exhibits to which no party objects on grounds of authenticity, and two asterisks indicating exhibits to which no party objects on any ground; (2) for exhibits with objections other than authenticity, the objection should be noted by indicating the grounds for the objection, with citations to the Federal Rules of Evidence and any other authority (with any objections not made being deemed waived); and (3) state whether an outstanding motion in limine will resolve the objection. If any party believes that the Court should rule on the objection in advance of trial, that party should include a notation to that effect (e.g., “Advance Ruling Requested”).

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.

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

B. Required Pretrial Filings in Jury Cases. Unless otherwise ordered by the Court, the parties shall jointly file the following submissions at the same time as the proposed Joint Pretrial Order. The parties must meet and confer in an effort to reach agreement with respect to these submissions:

i. Joint proposed voir dire questions, which should consist of a single document that includes the text of any requested questions and notes any areas of

disagreement between the parties. A copy shall be emailed to Chambers in both Microsoft Word and .pdf format.

ii. A joint proposed verdict form, which should consist of a single document that notes any areas of disagreement between the parties. A copy shall be emailed to Chambers in both Microsoft Word and .pdf format.

iii. Joint proposed jury instructions, which should consist of a single document that includes the text of any requested instructions and citations to the authority from which each instruction derives and notes any areas of disagreement between the parties. A copy shall be emailed to Chambers in both Microsoft Word and .pdf format.

iv. Motions addressing any evidentiary issues or other matters that should be resolved in limine. Opposition papers shall be filed within seven days thereafter. Replies will not be entertained.

v. A pretrial memorandum of law in cases in which a party believes it would be useful to the Court, not to exceed 3,500 words (excluding the caption, any index, table of contents, table of authorities, signature blocks, or any required certificates but including material contained in footnotes or endnotes), absent leave of Court, addressing any issues of law that are expected to arise at or before trial. Any responses or oppositions to those legal issues shall be filed within one week thereafter.

C. Jury Selection. The jury will be selected by the struck panel method.

D. Required Pretrial Filings in Non-Jury Cases. Unless otherwise ordered by the Court, in non-jury cases, the parties shall file the following submissions at the same time as the Joint Proposed Pretrial Order:

i. Joint proposed findings of fact and conclusions of law, which should be detailed and note any areas of disagreement between the parties and, for each proposed factual finding, shall include citations to the proffered trial testimony and exhibits.

ii. Motions addressing any evidentiary or other issues that should be resolved in limine. Opposition papers shall be filed within seven days thereafter.
Replies will not be entertained.

iii. A pretrial memorandum of law in cases in which a party believes it would be useful to the Court, not to exceed 3,500 words (excluding the caption, any index, table of contents, table of authorities, signature blocks, or any required certificates, but including material contained in footnotes or endnotes), absent leave of Court, addressing any issues of law that are expected to arise at or before trial. Responses or oppositions to those legal issues shall be filed within one week thereafter.

E. Additional Submissions in Non-Jury Cases. At the time the proposed Joint Pretrial Order is filed, each party shall email to the Court 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. 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 appear at trial. The original signed affidavits should be brought to trial to be marked as exhibits.

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 citations to the pertinent pages of the deposition transcripts.

iii. All documentary exhibits.

F. Disputes Regarding Exhibits. The parties are strongly encouraged to resolve disputes relating to exhibits prior to trial and, where disputes remain unresolved, to raise them with the Court prior to trial.

G. Trial Exhibits and Demonstrative Aids.

i. At least one week before the final pretrial conference, the parties shall provide the Court with a digital copy of exhibits and demonstrative aids that they intend to use in their case in chief at trial, as well as an index.
The parties shall email ReardenNYSDChambers@nysd.uscourts.gov requesting a link to upload these materials. The index shall be marked as specified in paragraph 7.A.xii above.

ii. Prior to the final pretrial conference, the parties shall confer in an effort to resolve any objections to the demonstrative aids. Any objections that are not resolved shall be identified in a letter filed at least three business days before the final pretrial conference.

iii. At the final pretrial conference, the parties shall be prepared to address each exhibit with a previously identified objection. If there are too many such exhibits to make discussion of each one practical, then the party opposing admission, one week prior to the final pretrial conference, shall file a letter grouping objections into no more than five categories with representative samples of each category, and explain the nature of the objection.

iv. For cases with more than 15 exhibits, the index shall be on an Excel spreadsheet in native format, with hyperlinks to the exhibits. The index shall include all of the information detailed above that is required on the exhibit list for the Joint Pretrial Order.

v. Concurrent with their summations, the parties shall jointly provide the Court with digital and hard copies for the jury of (1) the exhibits admitted into evidence and an updated index with hyperlinks, omitting all information except the exhibit number and description of the exhibit; and (2) a list of all witnesses who testified at the trial.

vi. Prior to trial, the parties shall also submit hard copies of their exhibits, as follows:

i. All exhibits must be pre-marked in advance of trial. Unless otherwise ordered by the Court, in both jury and non-jury trials, three business days prior to trial, the parties shall submit to Chambers physical copies of all documentary exhibits, organized by exhibit number.
Hard copies of the exhibits shall be submitted to Chambers in a tabbed binder, containing one copy of each exhibit; the Court shall be provided with two hard copy sets.

ii. The parties shall also email a list of all exhibits sought to be admitted, both in Microsoft Word and .pdf format. The list shall be divided into 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, for use by the Court. Counsel shall ensure that they have custody of all original exhibits. The Court does not retain them, and the Clerk is not responsible for them.

H. Expert Witnesses. At least one week before trial, each of the parties must submit to the Court any disclosures pertaining to expert witnesses under Federal Rule of Criminal Procedure 16 or Federal Rule of Civil Procedure 26(a)(2).

8. Policy on the Use of Electronic Devices

A. Standing Order M10-468. Attorneys’ use of personal electronic devices (including mobile phones) and general purpose computing devices (such as laptops and tablets) within the Courthouse and its environs is governed by Standing Order M10-468.
When Court permission is required under the Standing Order, attorneys seeking to bring electronic devices to the Court should email a completed Model Court Order to ReardenNYSDChambers@nysd.uscourts.gov five business days before the relevant trial or hearing. Upon the Court’s approval, Chambers will coordinate with the District Executive’s Office to issue the order and forward a copy to counsel. The order must be presented upon bringing the electronic device(s) into the Courthouse.

B. Mobile Phones. The Court welcomes parties to use mobile phones appropriately in the courtroom. As noted in Standing Order M10-468, however, phones must be silenced at all times. Non-compliance with this Rule will result in forfeiture of the device for the remainder of the proceeding.

C. General Purpose Computing Devices. In order for an attorney to bring any “General Purpose Computing Device,” as defined in Standing Order M10-468, into the Courthouse, the attorney should email a completed Model Court Order to Chambers pursuant to Rule 8.A. As noted in the Standing Order, all General Purpose Computing Devices must be silenced at all times. Non-compliance with this Rule will result in forfeiture of the device or equipment for the remainder of the proceeding.

9. Redactions and Sealed Filings

A. Redactions Not Requiring Court Approval. The parties are referred to Federal Rule of Civil Procedure 5.2 and the S.D.N.Y. ECF Privacy Policy (“Privacy Policy”).
Without prior permission from the Court, parties may redact two categories of information from public court filings: “sensitive information,” and information requiring “caution.” Unless necessary, parties should not include in public filings 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 the City and State only]). Without Court approval, parties may also redact from 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 Rule 9.A, 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 otherwise be consistent with the presumption in favor of public access to judicial documents. See, e.g., Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). In general, the parties’ consent, or the fact that information is subject to a confidentiality agreement between litigants, is not sufficient 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 (JMF), 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 seeking leave to file sealed or redacted materials 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 on ECF, within three business days of the filing party’s letter- motion seeking leave to file under seal or in redacted form, a letter explaining the need to seal or redact the document.

ii. Sealed Document(s). The party shall electronically 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 separately and 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). The proposed sealed document shall also be emailed to ReardenNYSDChambers@nysd.uscourts.gov. 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 wishes to file a document in redacted form, the party shall electronically 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. The unredacted copy shall also be emailed to ReardenNYSDChambers@nysd.uscourts.gov.

iv. Submission by Email. Any party unable to comply with the requirement for electronic filing under seal on ECF, or who believes that a particular document should not be electronically filed at all, shall file a letter-motion by email, seeking leave of the Court to file in a different manner. Such letter- motions may be emailed to ReardenNYSDChambers@nysd.uscourts.gov as text-searchable PDF attachments, with copies simultaneously delivered to all counsel. In the subject line, the cover email should state clearly: (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 shall not include substantive communications in the body of the email. Unless otherwise ordered by the Court, letter-motions seeking leave to file in a different manner shall not exceed five double-spaced pages.

10. Protective Orders. All parties wishing to propose a protective order must submit a proposed protective order that conforms as closely as possible to the Court’s model Protective Order. The proposed protective order must be accompanied by a cover letter that states whether the parties have adopted, without alteration, the Court’s model Protective Order, or whether the parties propose alterations. Any proposed changes must be reflected in a redline that should be filed as an exhibit to the proposed protective order.

ATTACHMENT A Revised: March 21, 2025

DEFAULT JUDGMENT PROCEDURE

1. Obtain a Certificate of Default for each defaulting party pursuant to Federal Rule of Civil Procedure 55(a) and Local Civil Rule 55.1.

2. File a motion for default judgment pursuant to Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(b). A party seeking a default judgment should not proceed by order to show cause. The motion must be supported by the following papers:

a. One or more declarations or affidavits setting forth:

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

ii. the procedural history beyond service of the summons and complaint, if any;

iii. whether, if the default is applicable to fewer than all of the defendants, the Court may appropriately order a default judgment on the issue of damages prior to resolution of the entire action;

iv. the proposed damages and the basis for each element of damages, including interest, attorneys’ fees, and costs; and

v. evidence in support of the proposed damages, including contemporaneous records and other such documentation.

b. A memorandum of law setting forth:

i. legal authority for why service of the summons and complaint was proper;

ii. choice of law;

iii. the elements of each cause of action as to which default judgment is sought, with supporting legal authority;

iv. for each defendant and for each cause of action as to which default judgment is sought, an analysis demonstrating that the facts pleaded in the complaint support the conclusion that the relevant defendant is liable with respect to that cause of action;

v. legal authority supporting each category of damages requested;

vi. legal authority for why an inquest into damages is or is not necessary; and

vii. where, in the view of the moving party no inquest is necessary, for each defendant as to which default judgment is sought, an analysis demonstrating

that the information presented together with the application for default judgment support the requested award of damages.

c. A proposed default judgment.

d. Copies of all of the operative pleadings.

e. A copy of the affidavit of service of the summons and complaint.

3. Within two business days of filing the motion for default judgment, the plaintiff must (1) serve the motion and all supporting papers on the party against whom a default judgment is sought, and (2) file an affidavit of service on ECF. The Court will not consider the motion for default judgment unless and until such affidavit of service is filed.
   If more than two business days are required to complete service of the motion for default judgment and supporting papers, the plaintiff should file a letter on ECF explaining why additional time is necessary and when the plaintiff anticipates service will be completed.

4. The Court will review the motion for default judgment and, if appropriate, issue an order setting a date and time for a default judgment hearing. If the Court issues such an order, the movant must then serve on the party against whom default judgment is sought the Court’s order setting a date and time for the hearing. The plaintiff must file proof of such service on the docket in the manner and date specified in the Court’s order.

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Revised: March 21, 2025 INDIVIDUAL RULES AND PRACTICES IN CRIMINAL CASES JENNIFER H. REARDEN, United States District Judge Chambers

Courtroom United States District Court
500 Pearl Street, Courtroom 12B Southern District of New York Khalilah Williams, Courtroom Deputy 500 Pearl Street, Room 1010
New York, NY 10007
ReardenNYSDChambers@nysd.uscourts.gov

1. Electronic Case Filing (ECF). Counsel are required to register for Electronic Case Filing (ECF) promptly after being retained or assigned (see instructions for ECF registration).
2. Text-Searchable Submissions. Every electronic submission, except for submissions that shall be provided in Microsoft Word format as required under these Rules and Practices, or as otherwise provided in the S.D.N.Y. Electronic Case Filing Rules and Instructions, should be in text-searchable format created by converting the document electronically to PDF. Whenever possible, 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 render the PDF text-searchable.
3. Communications with Chambers A. Initial Pretrial Conference. Upon assignment of a criminal case to Judge Rearden, the Assistant United States Attorney shall immediately email ReardenNYSDChambers@nysd.uscourts.gov to arrange for a conference or arraignment. As soon as practicable, the Assistant United States Attorney shall also email a courtesy copy of the indictment and the criminal complaint, if one exists, to Chambers. The email shall include: (1) the defendant(s)’ name(s); (2) defense counsel’s name and contact information; (3) whether the defendant(s) is/are detained (and if so, the relevant defendant(s)’ Reg. No(s).) or bailed; (4) whether any defendant requires an interpreter (and if so, the relevant language); and (5) any other pertinent information. B. Telephone Calls. Any other communications with Chambers, including requests for extensions or adjournments, shall be by letter or letter-motion filed on ECF as required by these Rules and Practices. For questions that cannot be answered by reference to these Rules or the S.D.N.Y. Local Rules, or for docketing, scheduling, or calendar matters, counsel may contact the Courtroom Deputy, Khalilah Williams. For situations requiring immediate attention from the Court, counsel should call Chambers directly; in such situations, the parties should email ReardenNYSDChambers@nysd.uscourts.gov requesting the Court’s contact information.

C. Letters. Except for matters requiring immediate attention, or as otherwise provided in these Rules and Practices, communications with Chambers shall be by letter filed electronically on ECF in accordance with the S.D.N.Y. Electronic Case Filing Rules and Instructions. Letters seeking relief, including requests for extensions, adjournments, or bail modification, should be filed on ECF as letter-motions in accordance with Rule 3.D below, not as ordinary letters.

Any letter to be filed under seal or containing sensitive or confidential information may be emailed as a text-searchable PDF to ReardenNYSDChambers@nysd.uscourts.gov, with a copy simultaneously delivered to all counsel (unless the submission is being made ex parte). The cover 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 attached letter. Parties shall not include substantive communications in the body of the email; such communications should be included only in the letter itself.

Letters solely between parties or their counsel or otherwise not addressed to the Court may not be filed on ECF or sent to the Court (except as exhibits to a properly filed document).

D. Letter-Motions. When letters seeking relief are permitted by the S.D.N.Y. Local Rules and the S.D.N.Y. Electronic Case Filing Rules and Instructions, including requests for extensions, adjournments, or bail modification, such letters shall be filed on ECF as letter-motions, not as ordinary letters.

E. Faxes. Faxes to Chambers are not permitted.

F. Hand Deliveries. Hand deliveries should be left with the Court Security Officers at the Worth Street entrance of the Courthouse. If a hand delivery requires the Court’s immediate attention, ask the Court Security Officers to notify Chambers that an urgent package has arrived.

G. Requests for Adjournments or Extensions of Time. All requests for extensions of time or adjournments of motions, proceedings, or other matters must be made in writing and filed on ECF as letter-motions. (If a request contains sensitive or confidential information, it may be submitted by email in lieu of electronic filing and must include the word “SCHEDULING” in the email subject line.)

All requests for adjournments or extensions of time should state: (1) the original date; (2) the number of previous requests for adjournment or extensions of time; (3) whether those previous requests were granted or denied; (4) the reason(s) for the requested extension; (5) whether the adversary consents, and, if not, the reason(s) given by the adversary for declining to consent; and (6) the date of the parties’ next scheduled appearance before the Court, as well as any other existing deadlines, and whether the requested adjournment or extension would affect those other deadlines or any other scheduled dates.

If a party seeks an exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161, the party should also include the grounds that would permit the Court to make an independent finding whether to exclude time in conformance with 18 U.S.C. § 3161.
Additionally, the party seeking to exclude time must confer with the opposing party and indicate in its letter-motion whether the opposing party consents. Any party opposing the request may file a short opposition within two business days.

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

H. 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.

I. Format of Paper Submissions to Chambers. All paper submissions shall be stapled, binder-clipped, spiral- or wire-bound, or three-hole punched and placed in binders.

4. 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. Other Conflicts. Counsel have an obligation to promptly inform the Court upon learning of any other conflict of interest, whether a potential or an actual conflict, and to request a Curcio hearing if appropriate.

C. Substitution of Counsel. When an application to substitute defense counsel is filed, counsel of record must request, as soon as possible, that a conference be scheduled.
At the conference, the Court will address the application. The defendant, replacement counsel, and the Assistant United States Attorney must also attend the conference.

5. Discovery Motions. In making discovery motions, counsel must comply with Local Criminal Rule 16.1 of the S.D.N.Y. Local Rules. Any discovery motion must contain the Rule 16.1 affidavit.

6. Bail Modification

A. Any written request for a bail modification must be filed (as a letter-motion pursuant to Rule 3.D) at least 48 hours before the pertinent event or date. Any such request shall indicate whether the Government and the Pretrial Services Officer consent to the requested modification.

B. A party who wishes to appeal an adverse bail determination by the Magistrate Judge should request a conference. The party bringing the appeal is directed to provide the Court, at least 24 hours before the conference, with the transcript of argument on bail before the Magistrate Judge, any written submissions before the Magistrate Judge as to bail, and Pretrial Services’ report as to the defendant.

7. Guilty Pleas

A. Plea Agreements and Pimentel Letters. The Government shall provide a courtesy copy of the plea agreement, cooperation agreement, or Pimentel letter to the Court.
These documents should be emailed to ReardenNYSDChambers@nysd.uscourts.gov as soon as practicable, and at least three business days before the scheduled plea.

B. Violations of Supervised Release. The Court will not accept a guilty plea on a violation of supervised release without 24 hours’ notice of the intent to plead, specifying the violations as to which the defendant intends to plead guilty. The practice of not deciding upon the disposition of a VOSR until immediately before a scheduled conference is strongly discouraged.

C. Preparation for Allocution.

i. Prior to the date set for the plea, defense counsel are expected to have reviewed with the defendant—with the assistance of an interpreter, if necessary—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. In addition, the defendant should be prepared to give narrative allocutions that incorporate all of the elements of the offense(s) to which the defendant is pleading guilty.

ii. The Court further expects that defense counsel will have determined whether detention of the defendant is required upon entry of a guilty plea pursuant to 18 U.S.C. § 3143(a)(2) and other provisions of the Bail Reform Act, and will have prepared the defendant for the possibility of detention commencing at the end of the plea proceeding.

8. Trials

A. Pretrial Deadlines and Submissions. The Court’s practice is to enter an order scheduling a final pretrial conference and setting deadlines for the submission of proposed voir dire, proposed jury instructions, proposed verdict forms, and any motions in limine. At the time of filing, each party shall email its proposed voir dire, proposed jury instructions, and proposed verdict form, in Microsoft Word format, to ReardenNYSDChambers@nysd.uscourts.gov. 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.

B. Exhibits and 3500 Material.

i. Simultaneously with producing 3500 material to the defense, the Government must provide the Court with two hard copies of the exhibit list, and binders containing two sets of pre-marked documentary exhibits and Section 3500 material, in sequential order separated by numbered tabs.

ii. Where a hard copy exhibit is used, sufficient copies should be made, as appropriate, for witnesses, opposing counsel, jurors, the court reporter, any interpreters, and the Court. If counsel intends to publish hard copies of documentary exhibits to the jury rather than using the Court’s audiovisual system, a separate copy should be provided for each juror to avoid unnecessary delay.

iii. Before trial, each party shall email ReardenNYSDChambers@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 No.”; (2) “Description” (of the exhibit); (3) “Date Identified”; and (4) “Date Admitted.” The submitting party shall complete the first two columns but leave the third and fourth columns blank, for use by the Court.

C. Jury Selection. Jurors will be selected by the struck panel method.

D. Sidebars. Sidebars during jury trials are discouraged. Counsel are expected to anticipate and raise in advance of the time that the jury will hear the evidence any problems that might require argument.

9. Sentencing

A. Sentencing Adjournments. Any request to adjourn a sentencing should be made as early as possible, and not later than 72 hours before the sentencing proceeding, in accordance with Rule 3.G above.

B. Sentencing Submissions. Unless otherwise ordered by the Court, a defendant’s sentencing submission shall be served two weeks prior to the date set for sentencing.
Absent prior permission, sentencing memoranda may not exceed 8,750 words. The Government’s sentencing submission shall be served one week in advance of the date set for sentencing. In cases involving a cooperating witness, however, the Government’s § 5K1.1 shall be filed at least two weeks before the sentencing, and the defendant’s submission shall be filed at least one week before the sentencing.
The parties shall provide the Court with one courtesy copy of each submission when it is filed.

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 on ECF, 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. The filing of any letters in connection with sentencing must be consistent with Rule 10 regarding redacted and sealed filings, to the extent that Rule applies.

10. Redactions and Sealed Filings

A. Redactions Not Requiring Court Approval. The parties are referred to the E- Government Act of 2002 and the S.D.N.Y. ECF Privacy Policy (“Privacy Policy”).
Without prior permission from the Court, parties may redact two categories of information from public court filings: “sensitive information,” and information requiring “caution.” Unless necessary, parties should not include in public filings 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 the City and State only]). Without Court approval, parties may also 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 Rule 10.A, 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 otherwise be consistent with the presumption in favor of public access to judicial documents. See, e.g., Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). In general, the parties’ consent, or the fact that information is subject to a confidentiality agreement between litigants, is not sufficient 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 (JMF), 2015 WL 4750774, at *4 (S.D.N.Y. Aug. 11, 2015).

C. Procedures for Filing Documents with Redactions. Any party seeking to file a document with partial redactions should follow the following three steps:

i. ECF Filing of the Redacted Document(s). The party should file the redacted version of the document on ECF.

ii. Filing or Emailing a Letter-Motion Seeking Leave to File with Redactions. If the party is seeking leave of the Court to redact the document (i.e., if the redactions are not among the categories of redactions that can be made without Court approval), the party should simultaneously file on ECF a letter-motion seeking leave to file the document with those redactions. The letter-motion must explain the purpose of the redactions, and why the redactions are consistent with the standards set forth in Rule 10.B above.
(The party should endeavor to draft the letter-motion in a form that can be filed publicly on ECF. If, however, the party believes that the letter-motion itself should be sealed or redacted, the party should include an unredacted copy of the letter-motion as an attachment to the email described in Rule 10.C.iii below, and—if possible—file a redacted version of the letter-motion on ECF.)

iii. Emailing of Documents to Chambers. At the same time, the party should email to ReardenNYSDChambers@nysd.uscourts.gov: (1) a clean (i.e., unredacted) copy of the document; (2) a copy of the document highlighting the information that has been redacted in the ECF filing; and (3) an unredacted copy of the letter-motion described in Rule 10.C.ii, should the party also be seeking leave to file that letter-motion with redactions or under seal.

D. Procedure for Filing Sealed Documents.

i. Sealing Exhibits. Any party seeking leave to file an unsealed or redacted document with a fully sealed exhibit attached thereto should file on ECF the main document (in accordance with the procedures above, if the party seeks to do so with redactions), accompanied by a single page marked “SEALED” in place of any exhibit that the party seeks leave to file under seal, regardless of the actual length of such exhibit. The party should simultaneously file a letter-motion seeking leave to file in that manner according to the procedure described in Rule 10.C.ii-iii above.

ii. Sealing Entire Documents. Any party seeking leave to file under seal an entire submission (with or without exhibits) should not file anything on ECF in the first instance. Instead, the party should email an unredacted copy of the submission to ReardenNYSDChambers@nysd.uscourts.gov and include as an attachment to the email a letter-motion seeking leave to file the document under seal. The letter-motion must explain why sealing is justified in light of the standards discussed in Rule 10.B. If the party believes that the letter-

motion itself should be sealed or redacted, the letter-motion should so state and should provide the justification therefor. If necessary, the Court will include instructions for filing sealed or redacted versions of the document and accompanying letter-motion in any order disposing of the motion to seal.

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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

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Effective: January 9, 2023

INDIVIDUAL RULES AND PRACTICES IN CIVIL PRO SE CASES JENNIFER H. REARDEN, United States District Judge

Pro Se Office
United States District Court
Southern District of New York
40 Foley Square New York, New York 10007
(212) 805-0175

COMMUNICATIONS

1. Pro se parties may not contact the Court directly. All communications with the Court by a pro se party (including written, electronic, and telephone communications) should be addressed to the Pro Se Office.

2. Each pro se party must maintain a current mailing address of record. If a pro se party’s mailing address changes, the pro se party must inform the Pro Se Office promptly. Pro se parties may use the S.D.N.Y. Notice of Change of Address Form for this purpose. If a pro se party fails to maintain a current mailing address of record, the pro se party’s claims may be dismissed.

3. Unless otherwise provided in these Rules and Practices, communications with the Court by parties represented by counsel in a civil pro se case shall be governed by Judge Rearden’s Individual Rules and Practices in Civil Cases.

4. All requests for adjournments or extensions of time must be made in writing and must state: (1) the original date; (2) the number of previous requests for adjournment or extensions of time; (3) whether those previous requests were granted or denied; (4) the reason(s) for the requested extension; (5) whether the adversary consents, and, if not, the reason(s) given by the adversary for declining to consent; and (6) the date of the parties’ next scheduled appearance before the Court, as well as any other existing deadlines, and whether the requested adjournment or extension would affect those other deadlines or any other scheduled dates.

Requests for extensions of deadlines regarding a matter that has been referred to a Magistrate Judge shall be addressed to that Magistrate Judge. Absent an emergency, any request for an extension or adjournment shall be made at least two business days prior to the scheduled deadline or date. Requests for extensions made after the expiration of the original deadline or date will ordinarily be denied.

FILING OF PAPERS

5. No documents or court filings may be sent directly to Chambers. A pro se party may instead file papers with the Court by:

i. Delivering them in person to the Pro Se Office at 40 Foley Square, Room 105, New York, New York 10007;

ii. Mailing them to the Pro Se Intake Office at 500 Pearl Street, New York, New York 10007 (Attention: Pro Se Intake);

iii. Emailing them as an attachment in PDF format to Temporary_Pro_Se_ Filing@nysd.uscourts.gov, in which case the pro se party should follow the instructions contained in the April 1, 2020 Addendum to the S.D.N.Y. Electronic Case Filing Rules and Instructions; or

iv. Filing them on ECF, if the pro se party has filed a Motion for Permission for Electronic Case Filing (available online and in the Pro Se Office) and been granted such permission by the Court.

6. To ensure timely service of documents, including Court orders, non-incarcerated pro se parties are encouraged to consent to receive electronic service through ECF. To do so, a pro se party should review the Pro Se Consent to Receive Documents Electronically instructions, and then submit a Consent to Electronic Service.

7. If a pro se party consents to electronic service, or if the Court grants a Motion for Permission for Electronic Case Filing on ECF under Rule 5.iv, that party will not receive hard copies of any document filed on ECF or served by email.

8. Absent a pro se party consenting to receipt of electronic service, counsel in pro se cases must serve a pro se party with a paper copy of any document that is filed electronically and must file with the Court a separate Affidavit of Service. Submissions filed without proof of service on the pro se party will not be considered.

DISCOVERY

9. All requests for discovery by a pro se party should be sent to counsel for the party from whom discovery is sought (if the party is represented by counsel). Discovery requests should not be sent to the Court. In the event of any discovery disputes, the parties are required to confer in an effort to resolve the dispute without Court intervention. If the parties are unable to resolve their dispute, either party may file a letter-motion, not to exceed six double-spaced pages, explaining the nature of the dispute and requesting an informal conference. The opposing party must promptly file any responsive letter, which shall not exceed six double-spaced pages.

MOTIONS

10. Any requests for relief, other than requests for an informal conference to address a discovery dispute as per Rule 9, shall be submitted in the form of a motion that conforms to the requirements of Local Civil Rule 7.1 of the S.D.N.Y. Local Rules.

11. Filing and Service. Unless otherwise ordered by the Court, oppositions to motions shall be served and filed within four weeks of receipt of the motion papers, and reply papers, if any, shall be served and filed within two weeks of receipt of opposition papers. Motion papers are deemed filed and served pursuant to this Rule in accordance with the S.D.N.Y. Electronic Case Filing Rules and Instructions, the Federal Rules of Civil Procedure, and the S.D.N.Y. Local Rules. Pursuant to Sections 3 and 9 of the Electronic Case Filing Rules and Instructions:

i. Where documents are filed on ECF, a document filed electronically is deemed filed on the date and time stated on the Notice of Electronic Filing from the Court. Electronic service is complete for parties who are ECF users and have received a Notice of Electronic Filing (and for service on pro se parties, only following the Court’s approval of a Motion for Permission for Electronic Case Filing, as per Rule 5.iv, or the pro se party’s consent to electronic service according to Rule 6, above).

ii. Attorneys and pro se parties who are not ECF users must be served with a paper copy of any electronically filed pleading or other document. Service of such paper copy must be made according to the Federal Rules of Civil Procedure and the Local Rules. Such paper service must be documented by electronically filing a proof of service. Where the Clerk scans and electronically files pleadings and documents on behalf of a pro se party, the associated Notice of Electronic Filing constitutes service. For pro se litigants, paper documents filed with the Court, and subsequently scanned and docketed to the ECF system, shall be deemed filed on the date the documents are received by the Court.

12. Oral Argument. Unless otherwise ordered by the Court, argument will not be heard.

INITIAL CASE MANAGEMENT CONFERENCE

13. The Court will convene an initial case management conference for such purposes as expediting disposition of the action, addressing scheduling, and facilitating settlement.
    Incarcerated parties may not be able to attend the initial case management conference or other conferences. If incarcerated parties do not have counsel, a family member or other representative may attend the conference. If a representative is designated, the representative should call Chambers at (212) 805-0230 and ask for the location of the conference. The Judge will also have a transcript of the conference sent to the incarcerated party. If an incarcerated party does not have counsel and a representative cannot attend a conference, the pro se party should write to the Judge regarding any issue the pro se party wishes to have addressed at the conference.

TRIAL DOCUMENTS

14. Within 30 days of the completion of discovery, unless otherwise ordered by the Court, a pro se plaintiff shall file a concise Pretrial Statement. This Statement need not take any particular form, but it must contain the following: 1) a statement of the facts the plaintiff hopes to prove at trial; 2) a list of all documents or other physical objects that the plaintiff plans to put into evidence at trial; and 3) a list of the names and addresses of all witnesses the plaintiff intends to have testify at trial. The Statement must be sworn by the plaintiff to be true and accurate based on the facts known by the plaintiff.
    The pro se plaintiff shall submit an original of this Statement to the Pro Se Office (or on ECF, if the Court has approved a pro se plaintiff’s Motion for Permission for Electronic Case Filing) and serve a copy on all defendants or their counsel, if they are represented.
    The original Statement must include a certificate stating the date a copy was mailed (or served on ECF, if applicable) to the defendant(s) or their counsel. Two weeks after service of the plaintiff's Statement, the defendant(s) must file and serve a similar Statement containing the same information.

15. At the time of filing the Pretrial Statement, any parties represented by counsel must also submit proposed Findings of Fact and Conclusions of Law, if the case is to be tried to the Court, or a proposed Jury Charge, if it will be tried before a jury. In addition, the pro se party may file (but is not required to file) either proposed Findings of Fact and Conclusions of Law or a proposed Jury Charge.

PRO SE CLINIC

16. This District offers a Pro Se Law Clinic to assist non-incarcerated persons 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 the pro se party’s case. The Pro Se Law Clinic is run by a private organization called the New York Legal Assistance Group (“NYLAG”); it is not part of, or run by, the Court (and therefore cannot, among other things, accept paper filings on behalf of the Court, which must still be made by any unrepresented party through the Pro Se Intake Unit). An unrepresented party can make an appointment with NYLAG by completing an intake form online or via smartphone; by visiting the kiosk at the Courthouse; or by calling (212) 659-6190 and leaving a message.

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ______________________, Plaintiff(s), -v.- ______________________, Defendant(s).

____ Civ. ________ (JHR) CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER
JENNIFER H. REARDEN, District Judge: This Civil Case Management Plan and Scheduling Order is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3).

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 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.]

The parties [have ☐ / have not ☐] conferred pursuant to Fed. R. Civ. P. 26(f).

Settlement discussions [have ☐ / have not ☐] taken place.

[If applicable] Counsel have discussed an informal exchange of information in aid of early settlement and have agreed upon disclosure of the following information within __________________ days/weeks:

Counsel for the parties believe the following alternative dispute resolution mechanisms may be helpful in resolving this case (check all that apply):

☐ Immediate referral to the District’s Mediation Program

☐ Immediate referral to a Magistrate Judge

☐ Referral to the District’s Mediation Program after the close of fact discovery

☐ Referral to a Magistrate Judge after the close of fact discovery

☐ Retention of a private mediator

☐ Other

Except for amendments permitted by Fed. R. Civ. P. 15(a)(1), amended pleadings may not be filed, and additional parties may not be joined, except with leave of the Court. Any motion to amend or to join additional parties shall be filed within ___ days of the date of this Order. [Absent exceptional circumstances, a date not more than 30 days following the initial pretrial conference.]

Initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) shall be completed no later than ___ days of the date of this Order. [Absent exceptional circumstances, a date not more than 14 days following the initial pretrial conference.]

[If applicable] The plaintiff(s) shall provide HIPAA-compliant medical records release authorizations to the defendant(s) no later than ________________________________.

Discovery

a. The parties are to conduct discovery in accordance with the Federal Rules of Civil Procedure and the Local Rules of the Southern District of New York.

b. All fact discovery shall be completed no later than ____________________. [A date not more than 120 days following the initial pretrial conference (or 90 days for IDEA fee-shifting cases), unless the Court finds that the case presents unique complexities or other exceptional circumstances.]

c. The parties agree that there [is ☐ / is no☐] need for expert discovery. If the parties agree that there is no need for expert discovery, all discovery shall be completed by the deadline for fact discovery, unless—prior to that date—a party files, and the Court grants, a letter-motion seeking an extension for purposes of taking expert discovery; any such letter-motion should explain why expert discovery has become necessary and propose a schedule for it. [If any party believes that there is a need for expert discovery, the parties should complete Paragraph 9(d).]

d. [If applicable] All expert discovery, including reports, production of underlying documents, and depositions, shall be completed no later than ___________________. [Absent exceptional circumstances, a date not more than 45 days from the date in Paragraph 9(b) (i.e., the completion of all fact discovery).]

e. Within two weeks of the entry of this Case Management Plan and Scheduling Order, the parties shall meet and confer in person or virtually to agree upon a joint plan for complying with the discovery deadlines herein.

f. The parties shall discuss, if and as appropriate, provisions for the disclosure, discovery, or preservation of electronically stored information (“ESI”). Any agreement reached between the parties concerning ESI is to be filed within 30 days of the date of this Order.

g. The parties should not anticipate extensions of the deadlines for fact discovery and expert discovery set forth in the foregoing Paragraphs. Relatedly, the parties should not unilaterally decide to stay or halt discovery (on the basis of settlement negotiations or otherwise) in anticipation of an extension. This Case Management Plan and Scheduling Order may not be modified, or the dates herein extended, except by further Order of the Court for good cause shown. Unless the Court orders otherwise, parties engaged in settlement negotiations must pursue settlement and conduct discovery simultaneously. Parties should not assume that the Court will extend an existing deadline if settlement negotiations fail. Any application to modify or extend the dates herein shall be made by letter-motion filed on ECF, no later than two business days before the relevant deadline. In addition to the requirements listed in Rule 2.E of this Court’s Individual Rules and Practices in Civil Cases, the letter- motion must explain the parties’ efforts to comply with the deadline and the reasons why discovery cannot be completed by then. Absent exceptional circumstances, extensions will not be granted after deadlines have already passed.

Interim Discovery Deadlines

a. Initial requests for production of documents shall be served by __________________. [Absent exceptional circumstances, a date not more than 30 days following the initial pretrial conference.]

b. Interrogatories pursuant to Rule 33.3(a) of the Local Civil Rules of the Southern District of New York shall be served by
. [Absent exceptional circumstances, a date not more than 30 days following the initial pretrial conference.] Rule 33.3(a) interrogatories need not be served with respect to disclosures automatically required by Fed. R. Civ. P. 26(a).

c. Unless otherwise ordered by the Court, contention interrogatories pursuant to Rule 33.3(c) of the Local Civil Rules of the Southern District of New York must be served no later than 30 days before the close of discovery. No other interrogatories are

permitted unless authorized by the Court.

d. Unless otherwise ordered by the Court, depositions of fact witnesses shall be completed by the date set forth in Paragraph 9(b).

i. Absent an order of the Court, depositions shall not be held until all parties have responded to initial requests for document production.

ii. There shall be no priority in deposition by reason of a party’s status as a plaintiff or a defendant.

iii. Absent an order of the Court, non-party depositions shall follow initial party depositions.

e. Unless otherwise ordered by the Court, requests to admit shall be served by no later than 30 days before the close of discovery.

f. Any of the deadlines in Paragraphs 10(a) through 10(e) 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 9(b).

g. In the event that the case will involve expert discovery, the parties shall meet and confer, no later than 30 days prior to the date in Paragraph 9(b) (i.e., the completion of all fact discovery), on a schedule for expert disclosures, including deadlines to serve reports (including rebuttal reports, if applicable), to produce documents, and to complete 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 9(d).

All motions and applications shall be governed by the Federal Rules of Civil Procedure, the Local Rules of the Southern District of New York, and the Court’s Individual Rules and Practices (available at https://www.nysd.uscourts.gov/hon-jennifer-h-rearden).

In the case of discovery disputes, the parties should follow Local Civil Rule 37.2 with the following modifications. Any party wishing to raise a discovery dispute with the Court must first meet and confer in good faith with the opposing party—in person, virtually, or by telephone—in an effort to resolve the dispute. Conferring in writing does not satisfy this requirement. If this process fails, the party shall, in accordance with the Court’s Individual Rules, promptly file a letter-motion, no longer than six double-spaced pages, explaining the nature of the dispute and requesting an informal conference. Such a letter-motion must include a representation that the parties engaged in a good faith meet-and-confer process that proved unsuccessful. Any opposition to a letter-motion seeking relief shall be filed as a letter, not to exceed six double-spaced 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, by conference, or by telephone. Counsel should seek relief in accordance with these procedures in a timely fashion.

All counsel must meet in person for at least one hour to discuss settlement within 14 days following the close of fact discovery.

Absent good cause, the Court will not have summary judgment practice in a non-jury case. The parties shall file any summary judgment motions, and any motions to exclude the testimony of experts pursuant to Rules 702-705 of the Federal Rules of Evidence and Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993), and its progeny, within 30 days of the close of all discovery. Oppositions shall be filed within two weeks of service of any such motions, and replies, if any, shall be filed within one week of service of any oppositions.

Unless otherwise ordered by the Court, within 30 days of the close of all discovery, or, if a dispositive motion has been filed, within 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 Fed. R. Civ. P. 26(a)(3). The parties shall also follow Rule 7.B of the Court’s Individual Rules and Practices for Civil Cases, which identifies submissions that must be made concurrently with the Joint Pretrial Order, including any motions in limine and, if the action is to be tried before a jury, proposed voir dire questions, or, if the action is to be tried to the Court, proposed findings of fact and conclusions of law.

Unless the Court orders otherwise for good cause shown, the parties shall be ready for trial two weeks after the Joint Pretrial Order is filed.

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

Counsel for the parties have conferred and the 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.

TO BE FILLED IN BY THE COURT IF APPLICABLE:

_____________ shall file a motion for/to ____________________________________ no later than ___________________________. Any opposition shall be filed by ______________.
Any reply shall be filed by _________________.

The parties shall contact the Chambers of the Magistrate Judge assigned to this case on or before ____________ in order to schedule the settlement discussion under his/her supervision in or about ____________________.

The parties shall file a joint letter by ____________________, indicating whether they would like the Court to refer the case to the assigned Magistrate Judge and/or the Court mediation program for settlement purposes and, if so, approximately when they believe a settlement conference should be held.

The next pretrial conference is scheduled for _________________ at _______________.
Unless and until the Court orders otherwise, the conference will be held ________.

Absent leave of Court, by one week prior to any future conference, the parties shall file on ECF a joint letter, not to exceed three pages, regarding the status of the case. The letter should include the following information in separate paragraphs:

(1) A statement indicating whether the parties believe that the pretrial conference is unnecessary. If so, the Court may still hold the pretrial conference, although perhaps at a different time. To that end, counsel should indicate in their joint letter dates and times during the week of the conference that they would be available;

(2) A statement of all existing deadlines, due dates, and/or cut-off dates;

(3) A brief description of any outstanding motions;

(4) A brief description of the status of discovery and of any additional discovery that needs to be completed;

(5) A list of all prior settlement discussions, including the date, the parties involved, whether any third-party (e.g., Magistrate Judge, mediator, etc.) was involved, and the approximate duration of any such discussions;

(6) A statement of whether or how the Court could facilitate settlement of the case (for example, through a(nother) settlement conference before the assigned Magistrate Judge, or as part of the Court’s Mediation Program);

(7) A statement of the anticipated length of trial, and whether the case is to be tried to a jury;

(8) A statement of whether the parties anticipate filing motions for summary judgment;

(9) Any other issue that the parties would like to address at the pretrial conference; and

(10) Any information that the parties believe may assist the Court in advancing the case to settlement or trial.

SO ORDERED.

Dated: __________________ New York, New York

JENNIFER H. REARDEN United States District Judge

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

, Plaintiff(s), -v.-

, Defendant(s).

Civ. (JHR) PROTECTIVE ORDER
JENNIFER H. REARDEN, 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 non-public 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 protection 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 the foregoing, and based on the representations of the Parties that discovery in this case will involve confidential documents or information, the public disclosure of which would cause harm to the producing person and/or a 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 to issue 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:

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 the course of discovery in this action) that is designated “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.

The person producing any given Discovery Material may designate Confidential only such portion of such material the public disclosure of which is either restricted by law or would 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 non-disclosed 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 non-disclosed material relating to ownership or control of any non- public company;

(c) previously non-disclosed 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.

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 Confidential by: (a) stamping or otherwise clearly marking Confidential the protected portion in a manner that will not interfere with legibility or audibility; and (b) if a party seeks to file any Discovery Material containing Confidential information with the Court, then within 10 business days after the filing party requests the producing party redact such Confidential information, the producing party will redact the Confidential information for the filing party to file, unless such information was redacted at the time of production.

With respect to deposition transcripts, a producing person or that person’s counsel may designate such portion 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 both 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 of the conclusion of a deposition, 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.
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 previously produced by the producing person without limitation

should be designated Confidential, then the producing person 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 be deemed to be, and treated as, Confidential under the terms of this Protective Order.

Nothing contained in this Order will be construed as: (a) a waiver by a Party or person of its right to object to any discovery request; (b) a waiver of any privilege or protection; or (c) a ruling regarding the admissibility at trial of any document, testimony, or other evidence.

Where a producing person has designated Discovery Material Confidential, other persons subject to this Protective Order may only disclose such Discovery Material or information contained therein 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) hired by counsel and assigned to this matter, including computer service personnel performing duties relating to a computerized litigation system, provided such person has first executed a Non-Disclosure Agreement in the form attached hereto;

(d) any mediator or arbitrator engaged by the Parties in this matter or appointed by the Court, provided such person has first executed a Non-Disclosure Agreement in the form attached hereto;

(e) as to any document, its author, addressee, and any other person indicated on the face of the document as having received a copy;

(f) any witness who, in the good-faith belief of counsel for a Party, 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 attached 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 attached 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.

Before disclosing any Confidential Discovery Material to any person referenced in subparagraphs 7(c), 7(d), 7(f), or 7(g) above, counsel shall provide a copy of this Protective Order to such person, who must sign a Non-Disclosure Agreement in the form attached hereto stating that the person has read the Protective Order and agrees to be bound by it. 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.

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 shall address their dispute to the Court in accordance with Rule 3.C of this Court’s Individual Rules and Practices in Civil Cases.

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 shall address their dispute to the Court in accordance with Rule 3.C of this Court’s Individual Rules and Practices in Civil Cases.

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 five business days of receiving the request, the receiving Party subject to such obligation shall inform the third party of the request and, further, 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 confidentiality designation.

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 thereof, and not for any business, commercial, or competitive purpose, or in (or in connection with) any other litigation or proceeding. Nothing 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 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.

Nothing herein will prevent any person subject to this Protective Order 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 such a request or process shall 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.

In accordance with Rule 9 of this Court’s Individual Rules and Practices in Civil Cases, any party filing documents under seal must first file with the Court a letter-motion explaining the basis for sealing such documents. The Parties should be aware that the Court will unseal documents if it is unable to make “specific, on the record findings . . . demonstrating that closure is essential to preserve higher values and is narrowly tailored to serve that interest.”
Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120 (2d Cir. 2006) (internal quotation omitted). 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.

The Court also retains discretion whether to afford confidential treatment to any Discovery Material designated as Confidential and submitted to the Court in connection with any motion, application, or proceeding that may result in an order and/or decision by the Court. 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, even if such material was previously sealed or designated Confidential.

In filing Confidential Discovery Material with this Court, or filing portions of any pleadings, motions, or other papers that disclose such Confidential Discovery Material (“Confidential Court Submission”), the Parties shall publicly file a redacted copy of the Confidential Court Submission via the Electronic Case Filing System (“ECF”). The Parties shall simultaneously file under seal via ECF (with the appropriate level of restriction) an unredacted copy of the Confidential Court Submission with the proposed redactions highlighted.

Each person who has access to Discovery Material that has been designated Confidential shall take all due precautions to prevent the unauthorized or inadvertent disclosure of such material.

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, the receiving person 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.

If, in connection with this litigation, a party inadvertently discloses information subject to a claim of attorney-client privilege or attorney work product protection ("Inadvertently Disclosed Information"), such disclosure shall not constitute or be deemed a waiver or forfeiture of any claim of privilege or work product protection with respect to the Inadvertently Disclosed Information and its subject matter.

If a disclosing party makes a claim of inadvertent disclosure, the receiving party shall, within five business days, return or destroy all copies of the Inadvertently Disclosed Information and provide a certification of counsel that all such information has been returned or destroyed.

Within five business days of the certification that such Inadvertently Disclosed Information has been returned or destroyed, the disclosing party shall produce a privilege log with respect to the Inadvertently Disclosed Information.

The receiving party may move the Court for an Order compelling production of the Inadvertently Disclosed Information. The motion shall be filed under seal and shall not assert as a ground for entering such an Order the fact or circumstances of the inadvertent production.

The disclosing party retains the burden of establishing the privileged or protected nature of any Inadvertently Disclosed Information. Nothing in this Order shall limit the right of any party to request an in camera review of the Inadvertently Disclosed Information.

This Protective Order shall survive the termination of the litigation and will continue to be binding upon all persons to whom Confidential Discovery Material is produced or disclosed. Within 30 days of the final disposition of this action, all Discovery Material designated Confidential, and all copies thereof, shall promptly be returned to the producing person. Alternatively, upon permission of the producing person, all Confidential Discovery Material, and all copies thereof, shall be destroyed. In either event, by the 30-day deadline, the recipient must certify the return or destruction of all Confidential Discovery Material, and all copies thereof, by submitting a written certification to the producing Party that affirms that the recipient has not retained any copies, abstracts, compilations, summaries, or other forms of reproducing or capturing any of the Confidential Discovery Material. Notwithstanding this provision, the attorneys specifically retained by the Parties for representation in this action may retain an archival copy of all pleadings, motion papers, transcripts, expert reports, legal memoranda, correspondence, or attorney work product, even if such materials contain Confidential Discovery Material. Any such archival copies that contain or constitute Confidential Discovery Material remain subject to this Order.

All persons subject to this Protective Order acknowledge that willful violation of the 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

JENNIFER H. REARDEN United States District Judge

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

, Plaintiff(s), -v.-

, Defendant(s).

Civ. (JHR) NON-DISCLOSURE 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 Confidential. I agree that I will not disclose such Confidential Discovery Material to anyone except as expressly permitted hereunder, other than for purposes of this litigation, and that at the conclusion of the litigation, I will either return all Confidential Discovery Material to the party or attorney from whom I received it, or, upon permission of the producing party, destroy such Confidential Discovery Material. Furthermore, I will certify to having returned or destroyed all Confidential Discovery Material. 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:

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