Pro hac vice in S.D.N.Y. →
judge console · S.D.N.Y.
S.D.N.Y. · Judge Seibel · Practice Guide

Hon. Cathy Seibel

All local rules for S.D.N.Y., integrated with this judge's published requirements.

Get updates when Judge Seibel's procedures change
Before You File
Ex parte applications
🏛 S.D.N.Y. local rule

(d) No ex parte order, or order to show cause to bring on a motion, will be granted, except upon a clear and specific showing by affidavit that contains good and sufficient reasons why a procedure other than by notice of motion is necessary and states whether a previous application for similar relief has been made. Local Civil Rule 6.1(d) ↗

Contacting chambers
👤 Judge Seibel — standing order

1. Communications with Chambers A. Letters. Except as otherwise provided below, communications with chambers shall be by letter, with copies simultaneously delivered to all counsel. Unless there is a request to file a letter under seal or a letter contains sensitive or confidential information or the party does not have access to the Electronic Case Filing (ECF) system, letters must be filed electronically on the ECF system (with a courtesy copy emailed to the chambers email address, chambersnysdseibel@nysd.uscourts.gov, as described below). If one of the exceptions described in the previous sentence applies, a PDF version of a letter may be emailed to the chambers email address or delivered in hard copy. If a letter is filed electronically on ECF, a PDF of the filed version of that letter must also be e-mailed to chambersnysdseibel@nysd.uscourts.gov. Failure to email a PDF courtesy copy may mean that the letter does not come to the Court’s attention in a timely manner. Letters solely between parties or their counsel or otherwise not addressed to the Court may not be filed on ECF or otherwise sent to the Court. Letter-motions may be made via ECF if they comply with the S.D.N.Y. Local Rules and the S.D.N.Y. Electronic Case Filing Rules and Instructions. Parties may not communicate with chambers directly by email. Email is to be used only to submit courtesy copies of letters filed on ECF or to submit a PDF of a letter if one of the exceptions set forth in the second sentence above applies or as permitted in section 1.B. below. If a party believes an exception to this rule is warranted, it must obtain permission from chambers before using email other than as outlined above.

Drafting the Motion
Length limits — motion, opposition, reply
🏛 S.D.N.Y. local rule
Motion

(c) Length of Memoranda of Law. If filed by an attorney or prepared with a computer, briefs in support of and in response to a motion (except for motions for reconsideration) may not exceed 8,750 words, and reply briefs may not exceed 3,500 words. Local Civil Rule 7.1(c) ↗

Opposition

(c) Length of Memoranda of Law. If filed by an attorney or prepared with a computer, briefs in support of and in response to a motion (except for motions for reconsideration) may not exceed 8,750 words, and reply briefs may not exceed 3,500 words. Local Civil Rule 7.1(c) ↗

Reply

(c) Length of Memoranda of Law. If filed by an attorney or prepared with a computer, briefs in support of and in response to a motion (except for motions for reconsideration) may not exceed 8,750 words, and reply briefs may not exceed 3,500 words. Local Civil Rule 7.1(c) ↗

Filing & Scheduling
Briefing schedule & hearing date
🏛 S.D.N.Y. local rule
Notice period

Except for letter-motions as permitted by Local Civil Rule 7.1(d), and unless provided otherwise by statute or rule, or by the court in a judge’s individual practices or in a direction in a particular case, motion papers must be served and filed as follows: (a) On all motions and applications under Fed. R. Civ. P. 26 through 37 and 45(d)(3), (1) all motion papers must be served by the moving party on all other parties that have appeared in the action, (2) any opposing or response papers must be served within seven days after service of the moving papers, and (3) any reply papers must be served within two days after service of the answering papers. In computing periods of days, refer to Fed. R. Civ. P. 6. (b) On all civil motions, petitions, and applications, other than those described in Rule 6.1(a), and other than petitions for writs of habeas corpus, (1) the moving papers must be served by the moving party on all other parties that have appeared in the action, (2) any opposing or response papers must be served within 14 days after service of the moving papers, and (3) any reply papers must be served within seven days after service of the answering papers. Local Civil Rule 6.1 (introductory clause) and 6.1(a)-(b) ↗

Hearing days

Silent on fixed motion hearing days. Local Civil Rules 6.1, 7.1 (silent) ↗

Proposed orders
🏛 S.D.N.Y. local rule

Local Civil Rule 77.1. Submission of Orders, Judgments and Decrees Proposed orders, judgments, and decrees must be presented as directed by the ECF rules published on the website of each respective court. Local Civil Rule 77.1 ↗

Filing under seal
👤 Judge Seibel — standing order

11. Electronic Filing Under Seal in Civil and Miscellaneous Cases A. Sealing/Redactions Not Requiring Court Approval. Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court.

The Hearing
Oral argument
🏛 S.D.N.Y. local rule

Silent on oral argument default. Local Civil Rules 6.1, 7.1 (silent) ↗

Discovery
Discovery dispute procedure
👤 Judge Seibel — standing order

L. Brieant Jr. Courthouse in White Plains, or remote appointments, are available. 2. Motions in Civil Cases A. Pre-Motion Conference in Civil Cases. For discovery motions, follow Local Civil Rule 37.2, requiring the moving party to request an informal conference with the Court before the filing of any such motion. Strict adherence to Fed.

More from Judge Seibel’s procedures
👤 Judge Seibel — standing order
Adjournment extension procedure

C. Docketing, Scheduling, and Calendar Matters. Please contact Courtroom Deputy Clerk Walter Clark at walter_clark@nysd.uscourts.gov between 9 am and 5 pm. D. Requests for Adjournments or Extensions of Time. All requests for adjournments or extensions of time shall be by letter and must (unless to be sealed or containing sensitive/confidential information or the party lacks access to the ECF system) be filed on ECF as letter-motions, with a PDF courtesy copy to 2 chambers as described in item 1.A above. All requests for adjournment or extensions must state (1) the original date, (2) the number of previous requests for adjournment or extension, and the reason for those requests, (3) whether these previous requests were granted or denied, (4) the reason for the instant request, and (5) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent. If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order (with deadlines falling only on business days) must be attached. Absent extraordinary circumstances, requests for extensions will be denied if not made promptly and before the expiration of the original deadline. If the request is for an adjournment of a court appearance, absent an emergency the request must be made at least three (3) business days prior to the scheduled appearance. Requests for extensions of deadlines regarding a matter that has been referred to a Magistrate Judge must be directed to that Magistrate Judge. Source ↗

Courtesy copies details

ctly by email. Email is to be used only to submit courtesy copies of letters filed on ECF or to submit a PDF of a letter if one of the exceptions set forth in the second sentence above applies or as permitted in section 1.B. below. If a party believes an exception to this rule is warranted, it must obtain permission from chambers before using email other than as outlined above. Source ↗

Motion word page limits

B. Motion Papers. i. Unless prior permission has been granted – and except for motions to reconsider, which are governed by Local Rule 6.3 – memoranda of law in support of and in opposition to motions are limited to 8750 words, and reply memoranda are limited to 3500, in accordance with Local Rule 7.1. Memoranda of ten (10) pages or more shall contain a table of contents and table of authorities. All memoranda of law must be double-spaced and shall be in 12-point font or larger, with one-inch (1") margins on all sides. Footnotes may be single-spaced but must also be in 12-point font or larger. Sur-reply memoranda will not be accepted unless the Court’s prior permission has been obtained. Memoranda must be text-searchable when filed electronically on ECF. ii. All courtesy copies submitted in connection with motions must be bound in any manner that is secure, does not obscure the text, and permits the document to lie reasonably flat when open. Parties should submit multiple volumes rather than large documents that do not lie reasonably flat when open. Preferred forms of binding are three-ring binders and spiral binding. Paper-and-plastic binding is acceptable as long as the pages will lay flat. Metal prong fasteners are not acceptable. iii. All courtesy copies must include the automatically generated ECF header (that is, the text – e.g., “Case 7:24-cv-1234-CS Document 100 Filed 7/1/24 Page 1 of 1” – appearing at the top of each page of the document on the ECF system), unless the papers have not yet been filed on the docket. Source ↗

Oral argument procedure

C. Oral Argument on Motions. The Court does not usually hear oral argument, but parties may request oral argument by letter at the time their moving or opposing or reply papers are filed. The Court will determine whether argument will be heard and, if so, will advise counsel of the date. Source ↗

Pre motion procedure

R. Civ. P. 37(a)(1) – the “meet and confer” rule – is required. The parties should be prepared to describe the time, place and duration of the meeting, and to identify the counsel involved. A pre-motion conference with the Court is required before making any other motion, except motions for admission pro hac vice, motions for reargument or reconsideration, motions for temporary restraining orders or preliminary injunctions, motions pursuant to Fed. Source ↗

Know Before You Go
👤 Judge Seibel — deviations that burn people
  • A. Letters. Except as otherwise provided below, communications with chambers shall be by letter, with copies simultaneously delivered to all counsel. Unless there is a request to file a letter under seal or a letter contains sensitive or confidential information or the party does not have access to the Electronic Case Filing (ECF) system, letters must be filed electronically on the ECF system (with a courtesy copy emailed to the chambers email address, chambersnysdseibel@nysd.uscourts.gov, as described below). If one of the exceptions described in the previous sentence applies, a PDF version of a letter may be emailed to the chambers email address or delivered in hard copy. If a letter is filed electronically on ECF, a PDF of the filed version of that letter must also be e-mailed to chambersnysdseibel@nysd.uscourts.gov. Failure to email a PDF courtesy copy may mean that the letter does not come to the Court’s attention in a timely manner. Letters solely between parties or their counsel or otherwise not addressed to the Court may not be filed on ECF or otherwise sent to the Court. Letter-motions may be made via ECF if they comply with the S.D.N.Y. Local Rules and the S.D.N.Y. Electronic Case Filing Rules and Instructions. Parties may not communicate with chambers directly by email. Email is to be used only to submit courtesy copies of letters filed on ECF or to submit a PDF of a letter if one of the exceptions set forth in the second sentence above applies or as permitted in section 1.B. below. If a party believes an exception to this rule is warranted, it must obtain permission from chambers before using email other than as outlined above. §1.E: E. Courtesy Copies. As noted in item 1.A above, if a letter is filed electronically on ECF, a PDF file of that letter must also be e-mailed to chambersnysdseibel@nysd.uscourts.gov. The courtesy copy of any letter filed on ECF must be a copy of the filed version of the letter and must include the automatically generated ECF header (that is, the text – e.g., “Case 7:24-cv-1234- CS Document 100 Filed 7/1/24 Page 1 of 1” – appearing at the top of each page of the document on the ECF system). One (1) courtesy hard copy of all pleadings, motion papers (with the exception of motions for admission pro hac vice) and other documents (aside from letters) filed via ECF shall be submitted to chambers at the time the papers are served. See section 2.B below regarding motion papers. If hand-delivered, courtesy copies should be brought to the Clerk’s Office on the first floor of the Courthouse, not to chambers. §6: Default Judgments A party that wishes to obtain a default judgment must proceed by way of order to show cause. Follow the Default Judgment Procedure, attached hereto as Attachment A.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
Get updates on Judge Seibel's procedures
Standing order changes, new key traps, and S.D.N.Y. practice intelligence.