Hon. Jennifer L. Rochon

F. Requests for Adjournments or Extensions of Time. All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter motions. (If a request contains sensitive or confidential information, it may be filed on ECF in conformity with the Court’s Standing Order, 19-MC-00583, and ECF Rules & Instructions, Section 6.) The letter motion must state: (1) the original due date, the date or dates sought to be extended, and the new date the party now seeks through an adjournment or extension; (2) the number of previous requests for adjournment or extensions of time; (3) whether those previous requests were granted or denied; and (4) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent. If the parties are requesting an adjournment of a conference, they must also provide three mutually agreeable alternative dates. If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Civil Case Management Plan and Scheduling Order must be attached. Absent extraordinary circumstances, requests for extensions will be denied if not made before the expiration of the original deadline. To be considered, extension requests must be made at least one business day prior to the deadline, absent unforeseen circumstances. If the request is for an adjournment of a court appearance, absent an emergency, the request must be made at least two business days prior to the scheduled appearance. Source ↗

F. Courtesy Copies. Two courtesy copies of the parties' briefing must be submitted via mail or hand delivery by the movant at the time that the reply is served, not by each party at the time of filing. The Court does not require courtesy copies of supporting declarations or exhibits. All courtesy copies must be labeled as such and should be double-sided, three-hole punched, and tabbed such that they can be placed in binders. The copies should not, however, be submitted in binders. If the parties have redacted or filed under seal any portion of the motion papers or attendant exhibits, courtesy copies are to be unredacted, but the portions redacted from public filings should be highlighted. Source ↗

D. Initial Pretrial Conference. The Court will generally schedule a Federal Rule of Civil Procedure 16(c) conference within three months of the filing of the Complaint. The Notice of Initial Pretrial Conference will be docketed on ECF. Plaintiff’s counsel (or, in removed actions, Defendant’s counsel) is responsible for promptly distributing copies of the Notice to all parties. At least ten days before the conference date, the parties must file on ECF: (1) a proposed Civil Case Management Plan and Scheduling Order, available on the Court’s website at (https://nysd.uscourts.gov/hon-jennifer-l-rochon); and (2) a joint letter, not to exceed three pages, describing the case, any contemplated motions, and the prospect for settlement. When filling out the Civil Case Management Plan and Scheduling Order, download the form into Adobe Acrobat to complete it. Do not 4 fill out the form in your web browser. The Court encourages the participation of junior attorneys in the initial conference. At the initial conference, the Court will schedule a post-discovery pretrial conference to be held approximately one month after the close of discovery. The post-discovery pretrial conference will serve either as a pre-motion conference (in the event any party intends to move for summary judgment, see Section 3.I below) or as an opportunity to set a trial date and dates for pretrial submissions. Source ↗

E. Discovery Disputes. The parties must follow SDNY Local Civil Rule 37.2 with the following modifications. Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. The Court enforces this requirement in both counseled and pro se cases (except where not feasible, such as when the pro se litigant is incarcerated) and will not consider any discovery dispute where the moving party has not satisfied the good-faith conference requirement. The moving party should note that “good-faith conference” does not mean that it has merely sent its adversary a letter or email, to which the adversary has not yet responded. The Court expects that, at a minimum, the moving party will have called its adversary and made efforts to engage in a meaningful dialogue, in an attempt to resolve any discovery issues. If this meet-and-confer process does not resolve the dispute, the party must submit a letter motion to the Court on ECF, no longer than three pages (excluding exhibits), explaining the nature of the dispute, the legal standards governing the issue, and case law, if any, supporting the party’s position. Such a letter must include a representation that the meet-and-confer process occurred and was unsuccessful. If the opposing party wishes to respond to the letter, it must inform the Court within one business day that a responsive letter is forthcoming and file the letter within three business days. The same page limits and filing instructions apply. Reply letters are not permitted. Source ↗

B. Motions to Dismiss. If a motion to dismiss is filed, the plaintiff has a right to amend its pleading under Federal Rule of Civil Procedure 15(a)(1)(B), within 21 days. If the plaintiff amends its pleading as of right, the Court will dismiss the original motion to dismiss as moot. Source ↗

B. Motions to Dismiss. If a motion to dismiss is filed, the plaintiff has a right to amend its pleading under Federal Rule of Civil Procedure 15(a)(1)(B), within 21 days. If the plaintiff amends its pleading as of right, the Court will dismiss the original motion to dismiss as moot. Source ↗

ted from public filings should be highlighted. G. Oral Argument on Motions. Parties may request oral argument by letter at the time their moving or opposing or reply papers are filed by placing “ORAL ARGUMENT REQUESTED” on the cover page of its memorandum of law. The Court will determine whether argument will be heard and, if so, will advise counsel of the argument date. Source ↗

3. Motions A. Pre-Motion Conferences in Civil Cases. Pre-motion conferences are not required, except for motions concerning discovery, which are governed by Section 2.E above, and for summary-judgment motions, which are governed by Section 3.I below. Source ↗

• he scope of the direct on cross-examination), and counsel should confer with respect to 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 must provide the complete deposition transcript with color-coded highlighting indicating the portions designated by either party and the objections listed in the margins; xii. A list by each party of exhibits to be offered in its case in chief, with one asterisk indicating an exhibit to which a party objects on the grounds of authenticity and two asterisks indicating an exhibit to which a party objects to the admissibility of the exhibit. If a party objects to an exhibit, the objection should be noted by indicating the grounds for the objection, with citations to the Federal Rule of Evidence and any other authority. Objections not made will be waived. 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”) as well. In most cases, the Court will rule on relevance and authenticity objections at the time of trial; xiii. A statement of the damages claimed and any other relief sought, including the manner and method used to calculate any claimed damages and a breakdown of the elements of such claimed damages; xiv. A statement of whether the parties consent to less than a unanimous verdict; and xv. A statement confirming that the parties have submitted all pretrial submissions and courtesy copies required herein.