Judge Victoria Reznik — United States District Court, Southern District of New York

Civil Case Management Plan and Scheduling Order

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------------x
Plaintiff(s),
v.
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER
Civ. ______ (VR)
Defendant(s).
-------------------------------------------------------------x
This Civil Case Management Plan and Scheduling Order is adopted, after consultation with counsel and any unrepresented parties, pursuant to Rules 16 and 26(f) of the Federal Rules of Civil Procedure:
1. Jury/Non-Jury. This case [is] [is not] to be tried to a jury (circle one). 2. Amendment/Joinder. The parties may amend the pleadings or join additional parties before ____________. 3. Initial disclosures. Initial disclosures pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure must be completed by _______________. 4. Fact Discovery. The parties will conduct discovery in accordance with the Federal Rules of Civil Procedure, the Local Rules of the Southern District of New York, and Judge Reznik's Individual Practices. The interim deadlines in paragraphs 4(b) through 4(e) may be extended by the parties on consent without application to the Court, provided the parties meet the fact discovery completion date in paragraph 4(a). a. Fact Discovery Deadline. All fact discovery must be completed by _______________. b. Requests for Production. Initial requests for production of documents must be served by _______________.
Any subsequent requests for production must be served no later than 45 days before the fact discovery deadline. c. Interrogatories. Interrogatories must be served by _______________.
Any subsequent interrogatories must be served no later than 45 days before the fact discovery deadline.

d. Fact Depositions. Non-expert depositions must be completed by _______________. Absent an agreement between the parties or an order from the Court, non-party depositions must follow initial party depositions. e. Requests to Admit. Requests to admit must be served by _______________, and in any event no later than 45 days before the fact discovery deadline. 5. Settlement/ADR. Within 14 days after the completion of fact discovery, counsel and any unrepresented parties must meet to discuss settlement. The parties must file a joint letter concerning settlement within 21 days after the completion of fact discovery. The letter must include a statement as to whether the parties propose using any of the following alternative dispute resolution mechanisms: (i) a settlement conference with the Court; (ii) participation in the Court’s Mediation Program; and/or (iii) retention of a private mediator. The use of any alternative dispute resolution mechanism does not stay or modify any date in this Order absent express permission from the Court. 6. Expert Discovery. a. Expert Discovery Deadline. All expert discovery, including expert depositions, must be completed by _______________. b. Affirmative Expert Reports. Affirmative expert disclosures pursuant to Rule 26(a)(2) of the Federal Rules of Civil Procedure must be made by _______________. c. Rebuttal Expert Reports. Rebuttal expert disclosures pursuant to Rule 26(a)(2) of the Federal Rules of Civil Procedure must be made by _______________. d. The interim deadlines in paragraphs 6(b) and 6(c) may be extended by the written consent of all parties without application to the Court, provided that all expert discovery is completed by the date set forth in paragraph 6(a). 7. ALL DISCOVERY MUST BE COMPLETED BY _______________. (Absent exceptional circumstances, this date should align with the completion of all expert discovery in paragraph 6(a).) 8. Summary Judgment Motions. All motions and applications must be governed by the Court’s Individual Practices. Within 14 days after the completion of all discovery, any party wishing to file a summary judgment motion shall file a pre-motion letter (not a letter-motion) no longer than three (3) single-spaced pages in length, setting forth the basis for the anticipated motion. The opposing party shall submit a letter response via ECF, no longer than three

(3) single-spaced pages in length, within five business days after submission of the moving party's letter, unless the parties agree otherwise (and the Court is informed of the agreed response date by letter).

Joint Pretrial Order. Unless otherwise ordered by the Court, the parties must submit a proposed Joint Pretrial Order for approval within 30 days after the date for the completion of all discovery, or, if a summary judgment motion has been filed, within 30 days after a decision on the motion. The proposed Joint Pretrial Order must be prepared in accordance with Judge Reznik's Individual Practices, and the parties must also comply with Judge Reznik's Individual Practices with respect to the filing of other required pretrial documents. 10. Estimated length of trial. The parties have conferred and their present best estimate of the length of the trial is _______________. 11. This Civil Case Management Plan and Scheduling Order may not be modified or the dates herein extended without leave of the Court (except as provided in paragraphs 4 and 6(d) above)

Dated:

White Plains, NY
SO ORDERED.

VICTORIA REZNIK United States Magistrate Judge

Consent to Proceed before a Magistrate Judge for all Purposes

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

Consent to Proceed before a Magistrate Judge for Dispositive Motion

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

Individual Practices

United States Magistrate Judge Victoria Reznik Individual Practices in Civil Cases Updated: September 23, 2025

Individual Practices Of Magistrate Judge Victoria Reznik

Chambers

Courtroom

United States District Court

Room 420 300 Quarropas Street

Brigid Altimari, Deputy Clerk

White Plains, NY 10601

Telephone: (914) 390-4225

Civil cases come before magistrate judges in one of two ways: (1) for one or more specific purposes pursuant to an order of reference by the assigned district judge, pursuant to 28 U.S.C. § 636(b), or (2) on consent of the parties, for all purposes pursuant to 28 U.S.C. § 636(c).
When a district judge approves an all-purposes consent form signed by counsel and/or pro se parties, the magistrate judge assumes the role of the district judge. The right to a jury trial is preserved, and any appeal is directly to the Court of Appeals.

It is the uniform practice of the magistrate judges in this District to schedule trials in civil consent cases for firm dates, rather than requiring counsel to be available for trial on short notice.
Additionally, because magistrate judges rarely try criminal cases, such firm trial dates are unlikely to be changed to accommodate criminal trials. Should the parties wish to consent to have Judge Reznik hear their case for all purposes, the necessary form is available at https://nysd.uscourts.gov/hon-victoria-reznik#.

Unless otherwise ordered by Judge Reznik, matters before her shall be conducted in accordance with the following practices. These practices are applicable to cases before Judge Reznik if the matter is within the scope of the district judge’s order of reference or if the case is before Judge Reznik for all purposes pursuant to 28 U.S.C. § 636(c). Otherwise, the practices of the district judge to whom the case is assigned apply.

Nothing in Judge Reznik’s Individual Practices supersedes a specific time period for filing a motion specified by statute or the Federal Rules where failure to comply with the specified time period could result in forfeiture of a substantive right.

Communications with Chambers

A. Letters. Except as otherwise provided below, communications with the Court must be by letter and filed on ECF, without e-mail or other copy to the Court.
Letters may not exceed three (3) pages, exclusive of exhibits, which should be kept to a minimum. Any letter containing sensitive or confidential information that a party does not wish to appear on the docket must follow the procedures outlined in Section 5, below. Copies of correspondence between counsel or parties must not be filed or sent to the Court, except as exhibits to an otherwise properly filed document.

United States Magistrate Judge Victoria Reznik Individual Practices in Civil Cases Updated: September 23, 2025

B. Telephone Calls. Telephone calls to chambers are permitted. The main chambers telephone number is (914) 390-4225.

C. Docketing, Scheduling, and Calendaring Matters. For docketing, scheduling, and calendaring matters, call Courtroom Deputy Brigid Altimari at (914) 390- 4219 between 9:00 a.m. and 5:00 p.m. If the request is for an adjournment of a court appearance, absent an emergency, it shall be made at least 48 hours prior to the scheduled appearance and filed on ECF as a letter-motion, in accordance with Section 1E below.

D. E-mails. E-mails are not permitted without prior approval. If approved, copies of e-mailed submissions must be simultaneously sent to all counsel. The Court’s e- mail address is ReznikNYSDChambers@nysd.uscourts.gov.

E. Requests for Adjournments or Extensions of Time. Any request for an adjournment of a court proceeding or for an extension of time for a deadline must be made in writing and filed on ECF as a letter-motion, after consultation with all affected parties. The letter-motion must state: (1) the original date of the proceeding or deadline; (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) the reason for the present request; (5) whether all affected parties consent, and if not, the reasons given by the party or parties for refusing to consent. If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order must be attached. Absent an emergency, a request for an adjournment of a court proceeding or an extension of a deadline must be made at least 48 hours before the scheduled proceeding or deadline. An adjournment request must also include at least two proposed dates on which all counsel are available for rescheduling.

F. Urgent Requests. Parties seeking adjournments or extensions of time less than 48 hours before a scheduled proceeding or expiring deadline, or for any other urgent request, shall contact chambers by telephone to alert the Court.

G. Pro Se Parties. All letters, motions, memoranda, and other communications to the Court from pro se parties that are not filed electronically must be submitted to the Pro Se Intake Unit, not directly to chambers.

Non-incarcerated pro se parties who have an e-mail address and wish to receive case-related documents (including court orders) quickly, automatically, and electronically, may consent to electronic service by filing a Pro Se (Nonprisoner) Consent & Registration Form to Receive Documents Electronically, available from the Pro Se Intake Unit or at http://nysd.uscourts.gov/node/845.

Non-incarcerated pro se parties who have an e-mail address and wish to receive, serve, and file case-related documents electronically may request

United States Magistrate Judge Victoria Reznik Individual Practices in Civil Cases Updated: September 23, 2025

permission to do so by filing a Motion for Permission for Electronic Case Filing, available from the Pro Se Intake Unit or at http://nysd.uscourts.gov/node/844.

Discovery Matters

A. Raising Discovery Disputes. For discovery motions (that is, any dispute arising under Rules 26 through 37 or Rule 45 of the Federal Rules of Civil Procedure), 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 or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, the party may submit an ECF letter-motion to the Court no longer than three (3) single- spaced pages, explaining the nature of the dispute and requesting a pre-motion conference. The letter-motion must certify that (i) the meet-and-confer process occurred, including the date, time, place, and duration of the parties’ efforts to resolve the dispute and (ii) the moving party informed the adversary during the in- person or telephonic conference that it believed the parties to be at an impasse and that the moving party would be requesting a conference with the Court. The opposing party shall submit a response via ECF, not to exceed three (3) single- spaced pages in length, within three business days after submission of the letter- motion, unless the parties agree otherwise (and the Court is informed of the agreed response date by letter).

Counsel should seek relief in accordance with these procedures in a timely fashion. All applications must be initiated in time to be resolved sufficiently in advance of the deadline for all discovery. Absent good cause shown, untimely applications may be denied.

B. Confidentiality Stipulations and Protective Orders. In cases where confidential information will be exchanged, the parties are encouraged to use the model Confidentiality Stipulation and Proposed Protective Order found at https://nysd.uscourts.gov/hon-victoria-reznik#. The parties are encouraged to include provisions relating to inadvertent production/claw-back agreements and Fed. R. Evid. 502(d). If the parties intend to use a protective order that differs substantially from the model, the Court may ask the parties to submit a letter explaining why the modifications are needed.

C. Electronic Discovery. The parties are encouraged to use the model Joint Electronic Discovery Submission and Proposed Order found at https://nysd.uscourts.gov/hon-victoria-reznik#. This model may be modified to the extent appropriate.

D. Status Conferences. The Court holds regular Status Conferences at which counsel should be prepared to discuss the status of discovery, the potential for settlement, and any other issues to be resolved. In some cases, the Court may

United States Magistrate Judge Victoria Reznik Individual Practices in Civil Cases Updated: September 23, 2025

request a joint proposed agenda (submitted by letter) in advance of the conference, which shall be filed at least two (2) business days before any Status Conference, unless otherwise directed by the Court.

Motions

A. Pre-Motion Conferences in Civil Cases. For motions concerning discovery disputes, see Section 2A above. For all other motions, a pre-motion conference is required, except for (i) motions to dismiss in lieu of an answer; (ii) motions for admission pro hac vice; (iii) motions for reargument or reconsideration; (iv) motions listed in Fed. R. App. 4(a)(4)(A); (v) any post-judgment motions; (vi) motions in limine; (vii) motions to dismiss habeas corpus petitions; and (viii) applications made by order to show cause. Where a pre-motion conference is required, the moving party shall file a letter (not a letter-motion) no longer than three (3) single-spaced pages in length, setting forth the basis for the anticipated motion. The opposing party shall submit a letter response via ECF, no longer than three (3) single-spaced pages in length, within five business days after submission of the moving party’s letter, unless the parties agree otherwise (and the Court is informed of the agreed response date by letter). The Court will notify the parties if a pre-motion conference is required.

B. Briefing Schedule on Formal (Non-Discovery) Motions. Unless the Court has ordered otherwise, opposition and reply papers for formal (non-discovery) motions are due in accordance with Local Civil Rule 6.1. The parties are strongly encouraged to agree on a reasonable briefing schedule before the moving papers are filed. If the parties have agreed to such a schedule, they must submit a joint letter-motion that sets forth the proposed briefing schedule.

C. Memoranda of Law. Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to 25 pages, and reply memoranda are limited to 10 pages. Memoranda of 10 pages or more must contain a table of contents and a table of authorities. The typeface, margins, and spacing of motion papers must conform to Local Civil Rule 11.1.

D. Courtesy Copies. Courtesy copies of all formal (non-discovery) motion papers, marked as such, must be submitted to chambers promptly after filing. For those parties permitted to file documents on ECF, courtesy copies must bear the ECF header generated at the time of electronic filing and include protruding tabs for any exhibits. Copies of all papers should be double-sided, whenever possible.

E. Filing of Motion Papers. Motion papers must be filed promptly after service.

F. Oral Argument on Motions. Parties may request oral argument by letter at the time their motion papers are filed. The Court will determine whether argument will be heard and, if so, will advise counsel of the argument date and time.

United States Magistrate Judge Victoria Reznik Individual Practices in Civil Cases Updated: September 23, 2025

G. Motions in Pro Se Cases. As required by Local Civil Rule 7.2, counsel must provide a pro se litigant with printed copies of cases and other authorities cited in any submission that are unpublished or reported exclusively on computerized databases. Where a party moves for summary judgment against a pro se litigant, the party must also comply with the notice requirements of Local Civil Rule 56.2. Where a party moves to dismiss or for judgment on the pleadings against a pro se litigant and refers to matters outside the pleadings, the party must comply with the notice requirements of Local Civil Rule 12.1.

Settlement Conferences

For cases referred to Judge Reznik for settlement conferences, the Court will issue specific instructions for pre-conference submissions and procedures in a separate order.

Electronic Filing Under Seal

A. Sealing/Redactions Not Requiring Court Approval. Rule 5.2 of the Federal Rules of Civil Procedure describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court. Parties also should consult Rules 21.3 and 21.4 of the ECF Rules & Instructions.

B. Sealing/Redaction Requiring Court Approval. Motions or letter motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the ECF system in conformity with Local Civil Rule 5.2, the Court’s standing orders (19-mc-583 and 25-mc-421), and Section 6 of the ECF Rules & Instructions.

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

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

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

United States Magistrate Judge Victoria Reznik Individual Practices in Civil Cases Updated: September 23, 2025

Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.

Unredacted courtesy copies of all documents to be filed under seal must be sent to chambers at the time the motion is filed.

Pretrial Procedures

A. Applicability. The procedures set forth in this section apply only to cases in which the parties have consented pursuant to 28 U.S.C. § 636(c) to have all proceedings, including trial, occur before Judge Reznik.

B. Joint Pretrial Order. Unless otherwise ordered by the Court, the parties must submit a proposed Joint Pretrial Order to the Court for approval within 30 days after the date for the completion of discovery, or, if a summary judgment motion has been filed, within 30 days after the decision on the motion. The proposed Joint Pretrial Order must be signed by all parties and include the following:

Caption. The full caption of the action.

Contact List. The names, addresses, telephone numbers (both office and mobile), and e-mail addresses of each principal member of the trial team.

Statement of Subject Matter Jurisdiction. A brief statement by plaintiff (or, in a removed case, by defendant) as to the basis of subject matter jurisdiction, and a brief statement by each other party as to the presence or absence of subject matter jurisdiction. Such statements must include citations to all statutes relied on and relevant facts pertaining to citizenship and jurisdictional amount.

Summary of Claims and Defenses. A brief summary by each party of the claims and defenses that party has asserted that remain to be tried, including citations to all statutes relied on, but without recital of evidentiary matter.

Statement of Damages. With respect to each claim remaining to be tried, a brief statement listing each element or category of damages sought with respect to such claim and a calculation of the amount of damages sought with respect to such element or category.

Statement of Jury/Non-Jury Trial. A statement by each party as to whether the case is to be tried with or without a jury, and the anticipated number of trial days needed. If there is to be a jury trial, the parties must

United States Magistrate Judge Victoria Reznik Individual Practices in Civil Cases Updated: September 23, 2025

indicate whether they agree to a non-unanimous verdict pursuant to Rule 48 of the Federal Rules of Civil Procedure.

Stipulations. Any stipulations or agreed-upon statements of fact or law.

Witness List. A statement by each party as to the witnesses whose testimony is to be offered in its case in chief, indicating whether such witnesses will testify in person or by deposition, and briefly stating the topic(s) as to which the witness will testify. If any party anticipates any issue with the availability of a witness, that issue must be identified.
Absent extraordinary circumstances, a party may not call as a witness in its case in chief any person not listed in the Joint Pretrial Order.

Deposition Designations. A designation by each party of deposition testimony to be offered in that party’s case in chief, referencing page and line numbers, with any cross‐designations and objections by any other party. Designations and cross-designations should be highlighted or otherwise clearly marked on the deposition transcript submitted to the Court. For each designation as to which there is an objection, the party objecting must briefly specify the nature of the objection (e.g., “hearsay,” “Rule 403”). Any objection or cross‐designation not listed shall be deemed waived.

Exhibit List. A list by each party of exhibits to be offered in its case in chief. Each exhibit must be pre‐marked (plaintiff to use numbers, defendant to use letters). For each exhibit as to which there is an objection, the party objecting must briefly specify the nature of the objection (e.g., “authenticity,” “hearsay,” “Rule 403”). Any objection not listed shall be deemed waived. Absent extraordinary circumstances, a party may not offer in its case in chief any exhibit not listed in the Joint Pretrial Order.

Motions in Limine. A list by each party of any anticipated motions in limine with a reference to the specific witness or exhibit numbers at issue. The motions themselves must be separately filed via ECF, per Section 6C below.

Demonstratives. A proposed schedule by which the parties will exchange demonstrative exhibits that the parties intend to use at trial, notify each other of any objections thereto, consult with each other regarding those objections and notify the Court of any remaining disputes.

C. Filings Prior to Trial. Unless otherwise ordered by the Court, the following must be filed at the same time as the proposed Joint Pretrial Order:

United States Magistrate Judge Victoria Reznik Individual Practices in Civil Cases Updated: September 23, 2025

Jury trials. In jury cases, parties must jointly prepare and file three separate documents: (a) proposed requests to charge; (b) proposed voir dire questions to be asked of prospective jurors; and (c) a proposed verdict form. To the extent a party objects to another party’s requests to charge, voir dire questions, or verdict form, the joint submission must include the objecting party’s ground(s) for objection and proposed alternative (all in the same document so that the Court can compare the parties’ respective proposals). All requests to charge, objections, and alternatives must include citations to controlling authority. In addition to filing these three joint submissions on ECF, the parties must send copies in Microsoft Word format to the Court via e-mail to ReznikNYSDChambers@nysd.uscourts.gov.

Non-Jury trials. In non-jury cases, parties must file proposed findings of fact and conclusions of law. In addition to filing this submission on ECF, the parties must send copies in Microsoft Word format to the Court via e- mail to ReznikNYSDChambers@nysd.uscourts.gov.

Motions in Limine. In all cases, any motions addressing evidentiary or other issues which should be resolved in limine also must be filed at the same time as the proposed Joint Pretrial Order. Responses to any motions in limine must be filed within 14 days. There shall be no replies for motions in limine.

Courtesy Copies. The parties shall deliver to the Court in a tabbed binder or binders (with a copy to opposing counsel): (a) a copy of each of the party’s pre-marked trial exhibits, and (b) a copy of any deposition testimony that has been designated (or cross-designated) and will be offered at trial. Deposition testimony should be clearly marked to identify designations and cross-designations. (Exhibits and deposition testimony need not be filed electronically on ECF, unless otherwise directed by the Court).

Optional Pretrial Memoranda of Law. Unless otherwise ordered by the Court, a pretrial memorandum of law or trial brief is not required. If a party believes it would be useful, that party may file a pretrial memorandum of law or trial brief that does not duplicate the issues addressed in any of the other pretrial submissions; pretrial memoranda are limited to 25 pages.

Inclement Weather or Other Emergency

White Plains Courthouse delays or closures are announced by 6:00 am. Call (914) 390- 4220 to hear a recorded message. In the event of severe weather conditions when the Courthouse is open, counsel with scheduled appearances should call chambers to confirm that Judge Reznik is holding court.

Model Confidentiality Stipulation and Protective Order

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

__ Civ. _____ (___) (VR)

CONFIDENTIALITY STIPULATION AND PROPOSED PROTECTIVE ORDER

WHEREAS, the parties having agreed to the following terms of confidentiality, and the Court having found that good cause exists for the issuance of an appropriately tailored confidentiality order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, it is hereby

ORDERED that the following restrictions and procedures shall apply to the information and documents exchanged by the parties in connection with the pre-trial phase of this action:

Counsel for any party may designate any document or information, in whole or in part, as confidential if counsel determines, in good faith, that such designation is necessary to protect the interests of the client in information that is proprietary, a trade secret, or otherwise sensitive non-public information (“Confidential Information”). Information and documents designated by a party as confidential will be stamped “CONFIDENTIAL.”

The Confidential Information disclosed will be held and used by the person receiving such information solely for use in connection with the action.

In the event a party challenges another party’s designation of confidentiality, counsel shall make a good faith effort to resolve the dispute, and in the absence of a resolution, the challenging party may seek resolution by the Court. Nothing in this Protective Order constitutes an admission by any party that Confidential Information disclosed in this case is relevant or admissible. Each party reserves the right to object to the use or admissibility of the Confidential Information.

Documents designated as “CONFIDENTIAL” shall not be disclosed to any person, except:

a. The requesting party and counsel, including in-house counsel;

b. Employees of such counsel assigned to and necessary to assist in the litigation;

[PLAINTIFF],

Plaintiff(s),

• against -

[DEFENDANT].

Defendant(s).

c. Consultants or experts assisting in the prosecution or defense of the matter, to the extent deemed necessary by counsel; and

d. The Court (including the mediator, or other person having access to any Confidential Information by virtue of his or her position with the Court).

The parties should meet and confer if any production requires a designation of “For Attorneys’ or Experts’ Eyes Only.”

Prior to disclosing or displaying the Confidential Information to any person, counsel must:

a. Inform the person of the confidential nature of the information or documents;

b. Inform the person that this Court has enjoined the use of the information or documents by him/her for any purpose other than this litigation and has enjoined the disclosure of the information or documents to any other person; and

c. Require each such person to sign an agreement to be bound by this Order in the form attached as Exhibit A.

The disclosure of a document or information without designating it as “CONFIDENTIAL” shall not constitute a waiver of the right to designate such document or information as Confidential Information. If so designated, the document or information shall thereafter be treated as Confidential Information subject to all the terms of this Stipulation and Order.

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 receiving party in a manner that is secure.

Pursuant to Federal Rule of Evidence 502, the production of privileged or work product protected documents or communications, electronically stored information (“ESI”) or information, whether inadvertent or otherwise, shall not constitute a waiver of the privilege or protection from discovery in this case or in any other federal or state proceeding. This Order shall be interpreted to provide the maximum protection allowed by Federal Rule of Evidence 502(d). Nothing contained herein is intended to or shall serve to limit a party’s right to conduct a review of documents, ESI or information (including metadata) for relevance, responsiveness and/or segregation of privileged and/or protected information before production.

Notwithstanding the designation of information as “CONFIDENTIAL” in discovery, there is no presumption that such information shall be filed with the Court under seal.
The parties shall follow the Court’s procedures for requests for filing under seal.

At the conclusion of litigation, Confidential Information and any copies thereof shall be promptly (and in no event later than 30 days after entry of final judgment no longer subject to further appeal) returned to the producing party or certified as destroyed, except that the parties’ counsel shall be permitted to retain their working files on the condition that those files will remain protected.

Nothing herein shall preclude the parties from disclosing material designated to be Confidential Information if otherwise required by law or pursuant to a valid subpoena.

SO STIPULATED AND AGREED.

Dated: _________, 20

White Plains, New York

Counsel for Plaintiff(s)

Counsel for Defendant(s)

SO ORDERED.

VICTORIA REZNIK

United States Magistrate Judge

EXHIBIT A

Agreement

I have been informed by counsel that certain documents or information to be disclosed to me in connection with the matter entitled __________________ have been designated as confidential. I have been informed that any such documents or information labeled “CONFIDENTIAL” are confidential by Order of the Court. I hereby agree that I will not disclose any information contained in such documents to any other person. I further agree not to use any such information for any purpose other than this litigation. Dated: _______________, 20

Name (printed)

Signature

Signed in the presence of:

(Attorney)

Model Joint Electronic Discovery Submission and Proposed Order

Updated: June 12, 2023 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Plaintiff(s), [PLAINTIFF], against [DEFENDANT], Defendant(s). CIVIL ACTION NO.: ___ Civ. ___ ( )(VR) MODEL JOINT ELECTRONIC DISCOVERY SUBMISSION AND PROPOSED ORDER One or more of the parties to this litigation have indicated that they believe that relevant information may exist or be stored in electronic format, and that this content is potentially responsive to current or anticipated discovery requests. This Model Joint Submission and Proposed Order (and any subsequent to this) shall be the governing document(s) by which the parties and the Court manage the electronic discovery process in this action. The parties and the Court recognize that this Model Joint Submission and Proposed Order is based on facts and circumstances as they are currently known to each party, that the electronic discovery process is iterative, and that additions and modifications to this Submission may become necessary as more information becomes known to the parties. (1) Brief Joint Statement Describing the Action:

(a) Estimated amount of Plaintiff(s)’ Claim(s): Less than $100,000 Between $100,000 and $999,999 Between $1,000,000 and $49,999,999 More than $50,000,000 Equitable Relief Other (if so, specify)
(b) Estimated amount of Defendant(s)’ Counterclaim(s)/Cross-Claim(s): Less than $100,000 Between $100,000 and $999,999 Between $1,000,000 and $49,999,999 More than $50,000,000 Equitable Relief Other (if so, specify)
(2) Competence: Counsel certify that they are sufficiently knowledgeable in matters relating to their client(s)’ technological systems to competently discuss issues relating to electronic discovery, or have involved someone competent to address these issues on their behalf. (3) Meet and Confer: Pursuant to Fed. R. Civ. P. 26(f), counsel must meet and confer regarding matters relating to electronic discovery before the Initial Pretrial Conference (the Rule 16 Conference). Counsel now certify that they met and conferred to discuss these issues on ____________ . (4) Unresolved Issues: After the meet-and-confer conference(s) taking place on the date(s) listed above, the following issues remain outstanding and/or require court intervention: Preservation; Search and Review; Source(s) of Production; Form(s) of Production; Identification or Logging of Privileged Material; ___ Inadvertent Production of Privileged Material; ___ Cost Allocation; and/or ___ Other. Please briefly describe any specific issues below:

To date, the parties have addressed the following issues: (5) Preservation: (a) The parties have discussed the obligation to preserve potentially relevant electronically stored information and agree to the following scope and methods for preservation, including but not limited to: retention of electronic data and implementation of a data preservation plan; identification of potentially relevant data; disclosure of the programs and manner in which the data is maintained; identification of computer system(s) utilized; and identification of the individual(s) responsible for data preservation, etc. To the extent that the parties have reached agreement as to preservation methods, provide details below: Plaintiff(s): Defendant(s): (b) State the extent to which the parties have disclosed or have agreed to disclose the dates, contents, and/or recipients of “litigation hold” communications:

(c) The parties anticipate the need for judicial intervention concerning the duty to preserve, the scope, or the method(s) of preserving electronically stored Information: (6) Search and Review: (a) The parties have discussed methodologies or protocols for the search and review of electronically stored information, as well as the disclosure of techniques to be used. Some of the approaches that may be considered include: the use and exchange of keyword search lists, “hit reports,” and/or responsiveness rates; concept search; machine learning, or other advanced analytical tools; limitations on the fields or file types to be searched; date restrictions; limitations on whether back-up, archival, legacy, or deleted electronically stored information will be searched; testing; sampling; etc. To the extent the parties have reached agreement as to search and review methods, provide details below: Plaintiff(s): Defendant(s):

(b) State if the parties anticipate the need for judicial intervention concerning the search and review of electronically stored information: (7) Production: (a) Source(s) of Electronically Stored Information: The parties anticipate that discovery may occur from one or more of the following potential source(s) of electronically stored information [e.g., email, word processing documents, spreadsheets, presentations, databases, instant messages, web sites, blogs, social media, ephemeral data, etc.]: Plaintiff(s): Defendant(s):

(b) Limitations on Production: The parties have discussed factors relating to the scope of production, including but not limited to: (i) number of custodians; (ii) identity of custodians; (iii) date ranges for which potentially relevant data will be drawn; (iv) locations of data; (v) timing of productions (including phased discovery or rolling productions); and (vi) electronically stored information in the custody or control of non-parties. To the extent the parties have reached agreements related to any of these factors, describe below: Plaintiff(s): Defendant(s): (c) Form(s) of Production: (1) The parties have reached the following agreements as to the form(s) of productions: Plaintiff(s):

Defendant(s): (2) Please specify any exceptions to the form(s) of production indicated above (e.g., word processing documents in TIFF with load files, but spreadsheets in native form): (3) The parties anticipate the need for judicial intervention regarding the following issues concerning the form(s) of production:

(d) Privileged Material: (1) Identification: The parties have agreed to the following method(s) for the identification (including the logging, if any, or alternatively, the disclosure of the number of documents withheld), and the redaction of privileged documents: (2) Inadvertent Production/Claw-Back Agreements: Pursuant to Fed R. Civ. Proc. 26(b)(5) and Fed. R. Evid. 502(e), the parties have agreed to the following concerning the inadvertent production of privileged documents (e.g. “quick-peek” agreements, on-site examinations, non-waiver agreements or orders pursuant to Fed. R. Evid. 502(d), etc.): (3) The parties have discussed a 502(d) Order: Yes ___; No ___ The provisions of any such proposed Order shall be set forth in a separate document and presented to the Court for its consideration. (e) Cost of Production: The parties have analyzed their client’s data repositories and have estimated the costs associated with the production of electronically stored

information. The factors and components underlying these costs are estimated as follows: (1) Costs: Plaintiff(s): Defendant(s): (2) Cost Allocation: The parties have considered cost-shifting or cost-sharing and have reached the following agreements, if any:

(3) Cost Savings: The parties have considered cost-saving measures, such as the use of a common electronic discovery vendor or a shared document repository, and have reached the following agreements, if any: (f) State if the parties anticipate the need for judicial intervention concerning the production of electronically stored information: (8) Other Issues:

The preceding constitutes the agreement(s) reached, and disputes existing, (if any) between the parties to certain matters concerning electronic discovery as of this date. To the extent additional agreements are reached, modifications are necessary, or disputes are identified, they will be outlined in subsequent submissions or agreements and promptly presented to the Court. Party: ____________________________ By: __________________________ Party: ____________________________ By: __________________________ Party: ____________________________ By: __________________________ Party: ____________________________ By: __________________________ Party: ____________________________ By: __________________________ Party: ____________________________ By: __________________________ The next scheduled meet-and-confer conference between the parties to address electronic discovery issues, including the status of electronic discovery and any issues or disputes that have arisen since the last conference or Order, shall take place on:_____________________.
The next scheduled conference with the Court for purposes of updating the Court on electronic discovery issues has been scheduled for ____________. Additional conferences, or written status reports, shall be set every four (4) weeks, as determined by the parties and the Court, based on the complexity of the issues at hand. An agenda should be submitted to the Court four (4) days before such conference indicating the issues to be raised by the parties. The parties may jointly seek to adjourn the conference with the Court by Letter-Motion at least 48 hours in advance of a scheduled conference, if the parties agree that there are no issues requiring Court intervention. Additional Instructions or Orders, if any:

Dated: White Plains, New York ______, 20 SO ORDERED

VICTORIA REZNIK United States Magistrate Judge

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