Judge Arun Subramanian — United States District Court, Southern District of New York

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Plaintiff(s), Defendant(s). -cv- (AS) CASE MANAGEMENT ADDENDUM (PATENT) In addition to the deadlines specified in the civil case management plan and scheduling order, the Court adopts the following additional provisions:
1. Disclosure of Asserted Claims and Infringement Contentions. Unless otherwise agreed to by the parties, no later than
, a party claiming patent infringement shall serve on all parties a “Disclosure of Asserted Claims and Infringement Contentions.” Separately for each opposing party, the Disclosure of Asserted Claims and Infringement Contentions shall contain the following information: (a) Each claim of each asserted patent that is allegedly infringed by each opposing party, including for each claim the applicable statutory subsections of 35 U.S.C. § 271 asserted; (b) Separately for each asserted claim, each accused apparatus, product, device, process, method, act, or other instrumentality (“Accused Instrumentality”) of each opposing party of which the party is aware. This identification shall be as specific as possible. Each product, device, and apparatus shall be identified by name or model number, if known. Each method or process shall be identified by name, if known, or by any product, device, or apparatus that, when used, allegedly results in the practice of the claimed method or process; -against-

(c) A chart identifying specifically where and how each limitation of each asserted claim is found within each Accused Instrumentality, including for each limitation that such party contends is governed by 35 U.S.C. § 112(f), the identity of the structure(s), act(s), or material(s) in the Accused Instrumentality that performs the claimed function; (d) For each claim alleged to have been indirectly infringed, an identification of any direct infringement and a description of the acts of the alleged indirect infringer that contribute to or are inducing that direct infringement. Insofar as alleged direct infringement is based on joint acts of multiple parties, the role of each such party in the direct infringement must be described; (e) Whether each limitation of each asserted claim is alleged to be present in the Accused Instrumentality literally or under the doctrine of equivalents; (f) For any patent that claims priority to an earlier application, the priority date to which each asserted claim is alleged to be entitled;
(g) If a party claiming patent infringement wishes to preserve the right to rely, for any purpose, on the assertion that its own or its licensee’s apparatus, product, device, process, method, act, or other instrumentality practices the claimed invention, the party shall identify, separately for each asserted claim, each such apparatus, product, device, process, method, act, or other instrumentality that incorporates or reflects that particular claim (“Embodying Instrumentality”); (h) The timing of the point of first infringement, the start of claimed damages, and the end of claimed damages; and (i) If a party claiming patent infringement alleges willful infringement, the basis for such allegation.

Document Production Accompanying Disclosure of Asserted Claims and Infringement Contentions. With the Disclosure of Asserted Claims and Infringement Contentions, the party claiming patent infringement shall produce to each opposing party or make available for inspection and copying: (a) Documents (e.g., contracts, purchase orders, invoices, advertisements, marketing materials, offer letters, beta site testing agreements, and third party or joint development agreements) sufficient to evidence each discussion with, disclosure to, or other manner of providing to a third party, or each sale of or offer to sell, or any public use of, the claimed invention prior to the date of application for the asserted patent(s); (b) All documents evidencing the conception, reduction to practice, design, and development of each claimed invention, which were created on or before the date of application for the asserted patent(s) or the priority date identified pursuant to paragraph 1(f) of this Order, whichever is earlier; (c) A copy of the file history for each asserted patent; (d) All documents evidencing ownership of the patent rights by the party asserting patent infringement; (e) If a party identifies instrumentalities pursuant to paragraph 1(g) of this Order, documents sufficient to show the operation of any aspects or elements of such instrumentalities the patent claimant relies upon as embodying any asserted claims;
(f) All agreements, including licenses, transferring an interest in any asserted patent;
(g) All agreements that the party asserting infringement contends are comparable to a license that would result from a hypothetical reasonable royalty negotiation;

(h) All agreements that otherwise may be used to support the party asserting infringement’s damages case;
(i) If a party identifies instrumentalities pursuant to paragraph 1(g) of this Order, documents sufficient to show marking of such Embodying Instrumentalities; and if the party wants to preserve the right to recover lost profits based on such products, the sales, revenues, costs, and profits of such Embodying Instrumentalities; and (j) All documents comprising or reflecting a F/RAND commitment or agreement with respect to the asserted patent(s). The producing party shall separately identify by production number the documents that correspond to each category set forth in this paragraph. A party’s production of a document as required by this paragraph shall not constitute an admission that such document evidences or is prior art under 35 U.S.C. § 102. 3. Invalidity Contentions. Unless otherwise agreed to by the parties, no later than 45 days after service upon it of the Disclosure of Asserted Claims and Infringement Contentions, each party opposing a claim of patent infringement shall serve on all parties its “Invalidity Contentions,” which shall contain the following information: (a) The identity of each item of prior art that the party alleges anticipates each asserted claim or renders the claim obvious. Each prior art patent shall be identified by its number, country of origin, and date of issue. Each prior art publication shall be identified by its title, date of publication, and, where feasible, author and publisher. Each alleged sale or public use shall be identified by specifying the item offered for sale or publicly used or known, the date the offer or use took place or the information became known, and the identity of the person(s) or entity(ies) that made the use or made and received the offer, or the person(s) or entity(ies) that made the information known or to

whom it was made known. For pre-AIA claims, prior art under 35 U.S.C. § 102(f) shall be identified by providing the name of the person(s) from whom and the circumstances under which the invention or any part of it was derived. For pre-AIA claims, prior art under 35 U.S.C. § 102(g) shall be identified by providing the identities of the person(s) or entity(ies) involved in and the circumstances surrounding the making of the invention before the patent applicant(s); (b) Whether each item of prior art anticipates each asserted claim or renders it obvious. If obviousness is alleged, an explanation of why the prior art renders the asserted claim obvious, including an identification of any combinations of prior art showing obviousness; (c) A chart identifying specifically where and how in each alleged item of prior art each limitation of each asserted claim is found, including, for each limitation that such party contends is governed by 35 U.S.C. § 112(f), the identity of the structure(s), act(s), or material(s) in each item of prior art that performs the claimed function; and (d) Any grounds of invalidity based on 35 U.S.C. § 101, indefiniteness under 35 U.S.C. § 112(b), or lack of enablement or insufficient written description under 35 U.S.C. § 112(a) of any of the asserted claims. 4. Document Production Accompanying Invalidity Contentions. With the Invalidity Contentions, the party opposing a claim of patent infringement shall produce or make available for inspection and copying: (a) Source code, specifications, schematics, flow charts, artwork, formulas, or other documentation sufficient to show the operation of any aspects or elements of an Accused Instrumentality identified by the patent claimant in its chart produced pursuant to paragraph 1(c) of this Order;

(b) A copy or sample of the prior art identified pursuant to paragraph 3(a) that does not appear in the file history of the patent(s) at issue. To the extent any such item is not in English, an English translation of the portion(s) relied upon shall be produced; (c) All agreements that the party opposing infringement contends are comparable to a license that would result from a hypothetical reasonable royalty negotiation; (d) Documents sufficient to show the sales, revenue, cost, and profits for Accused Instrumentalities identified pursuant to paragraph 1(b) of this Order for any period of alleged infringement; and
(e) All agreements that may be used to support the damages case of the party opposing infringement. The producing party shall separately identify by production number the documents that correspond to each category set forth in this paragraph. 5. Amendment to Contentions. Amendment of the Infringement Contentions or the Invalidity Contentions may be made only by order of the Court upon a timely showing of good cause. Non-exhaustive examples of circumstances that may, absent undue prejudice to the non- moving party, support a finding of good cause include (a) recent discovery of material prior art despite earlier diligent search and (b) recent discovery of nonpublic information about the Accused Instrumentality that was not discovered, despite diligent efforts, before the service of the Infringement Contentions. The duty to supplement discovery responses does not excuse the need to obtain leave of the Court to amend contentions. 6. Claim Construction Issue Identification. On or before _____________, the parties shall exchange a list of those claim term(s)/phrase(s) that they believe need construction and their proposed claim construction(s) of those term(s)/phrase(s). This document will not be

filed with the Court. Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart to be filed no later than ____________. The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to SubramanianNYSDChambers@nysd.uscourts.gov. The text for the Joint Claim Construction Chart shall be 12-point and in Times New Roman or a similar typeface. The parties’ Joint Claim Construction Chart should identify for the Court the term(s)/phrase(s) of the claim(s) in issue and should include each party’s proposed construction of the disputed claim language with citation(s) only to the intrinsic evidence in support of their respective proposed constructions. A separate text-searchable PDF of each of the patent(s) in issue shall be submitted with this Joint Claim Construction Chart. In this joint submission, the parties shall not provide argument. Each party shall file concurrently with the Joint Claim Construction Chart a “Motion for Claim Construction” that requests the Court to adopt the claim construction position(s) of that party set forth in the Joint Claim Construction Chart. The motion shall not contain any argument and shall simply state that the party “requests that the Court adopt the claim construction position[s] of [the party] set forth in the Joint Claim Construction Chart (D.I. [ ]).”
7. Claim Construction Briefing. The Plaintiff shall serve, but not file, its opening brief, not to exceed 5,500 words, on _____________. The Defendant shall serve, but not file, its answering brief, not to exceed 8,250 words, on ________________. The Plaintiff shall serve, but not file, its reply brief, not to exceed 5,500 words, on _______________. The Defendant shall serve, but not file, its sur-reply brief, not to exceed 2,750 words, on _____________. The text for each brief shall be 12-point and in Times New Roman or a similar typeface. Each brief must include a certification by counsel that the brief complies with the type and number limitations set forth above. The person who prepares the certification may rely on the word count of the word-processing system used to prepare the brief.

No later than _______________, the parties shall file a Joint Claim Construction Brief.
(Should the parties later stipulate or otherwise request to have this deadline extended, the parties will presumptively lose their claim construction hearing date upon the Court’s granting the extension.) The parties shall copy and paste their untitled briefs into one brief, with their positions on each claim term in sequential order, in substantially the form below.
JOINT CLAIM CONSTRUCTION BRIEF

I. Agreed-upon Constructions

II. Disputed Constructions

A. [TERM 1]

Plaintiff’s Opening Position
2. Defendant’s Answering Position 3. Plaintiff’s Reply Position 4. Defendant’s Sur-Reply Position

B. [TERM 2]

Plaintiff’s Opening Position
2. Defendant’s Answering Position
3. Plaintiff’s Reply Position
4. Defendant’s Sur-Reply Position

The parties need not include any general summaries of the law relating to claim construction. If there are any materials that would be submitted in an appendix, the parties shall submit them in a Joint Appendix. Citations to intrinsic evidence shall be set forth in the Joint Claim Construction Brief. Citations to expert declarations and other extrinsic evidence may be made in the Joint Claim Construction Brief as the parties deem necessary, but the Court will review such extrinsic evidence only if the Court is unable to construe the disputed claim terms based on the intrinsic evidence. See Vitronics Corp. v. Conceptronic, Inc., 90 F.3d 1576, 1584 (Fed. Cir. 1996).
Declarations shall not contain legal argument or be used to circumvent the briefing word limitations imposed by this paragraph.

Meet and Confer Confirmation and Amended Claim Chart. On or before ______________, Lead Trial Counsel for the parties shall meet and confer and thereafter file an Amended Joint Claim Construction Chart that sets forth the terms that remain in dispute. During the meet and confer, the parties shall attempt to reach agreement on any disputed terms where possible and to narrow the issues related to the remaining disputed terms. The parties shall file with the Amended Joint Claim Construction Chart a letter that identifies by name each individual who participated in the meet and confer, when and how (i.e., by telephone or in person) the meet and confer occurred, and how long it lasted. If no agreements on constructions have been reached or if no dispute has been narrowed as a result of the meet and confer, the letter shall so state, and the parties need not file an Amended Joint Claim Construction Chart. 9. Hearing on Claim Construction. Beginning at [to be filled in by the Court], the Court will hear argument on claim construction. Absent prior approval of the Court (which, if it is sought, must be done by joint letter submission no later than the date on which answering claim construction briefs are due to be served), the parties shall not present testimony at the argument, and the argument shall not exceed a total of two hours.

SO ORDERED. Dated: _________________ New York, New York

ARUN SUBRAMANIAN United States District Judge

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

X, Plaintiff(s), v. X, Defendant(s).

-CV- (AS)

PROTECTIVE ORDER ARUN SUBRAMANIAN, U.S.D.J.

The parties having agreed to the following terms of confidentiality, and the Court having found that good cause exists for issuance of an appropriately tailored confidentiality order governing the pre-trial phase of this action, it is therefore hereby: ORDERED that any person subject to this Order—including without limitation the parties to this action, their representatives, agents, experts, consultants, all third parties providing discovery in this action, and all other interested persons with actual or constructive notice of this Order—shall adhere to the following terms, upon pain of contempt: 1. Any person subject to this Order who receives from any other person any “Discovery Material” (i.e., information of any kind provided in discovery in this action) that is designated as “Confidential” pursuant to the terms of this Order shall not disclose such Confidential Discovery Material to anyone else except as expressly permitted hereunder. 2. The person producing any given Discovery Material may designate as Confidential only such portion of such material as consists of:

a. previously nondisclosed financial information (including without limitation profitability reports or estimates, percentage fees, design fees, royalty rates, minimum guarantee payments, sales reports, and sale margins); b. previously nondisclosed material relating to ownership or control of any non-public company; c. previously nondisclosed business plans, product development information, or marketing plans; d. any information of a personal or intimate nature regarding any individual; or e. any other category of information hereinafter given confidential status by the Court. 3. With respect to the Confidential portion of any Discovery Material other than deposition transcripts and exhibits, the producing person or that person’s counsel may designate such portion as “Confidential” by stamping or otherwise clearly marking as “Confidential” the protected portion in a manner that will not interfere with legibility or audibility, and by also producing for future public use another copy of said Discovery Material with the confidential information redacted. With respect to deposition transcripts and exhibits, a producing person or that person’s counsel may indicate on the record that a question calls for Confidential information, in which case the transcript of the designated testimony shall be bound in a separate volume and marked “Confidential Information Governed by Protective Order” by the reporter. 4. If at any time prior to the trial of this action, a producing person realizes that some portion(s) of Discovery Material that that person previously produced without

limitation should be designated as Confidential, he or she may so designate by so apprising all parties in writing, and such designated portion(s) of the Discovery Material will thereafter be treated as Confidential under the terms of this Order. 5. No person subject to this Order other than the producing person shall disclose any of the Discovery Material designated by the producing person as Confidential to any other person whomsoever, except to: a. the parties to this action; b. counsel retained specifically for this action, including any paralegal, clerical and other assistant employed by such counsel and assigned to this matter; c. as to any document, its author, its addressee, and any other person indicated on the face of the document as having received a copy; d. any witness who counsel for a party in good faith believes may be called to testify at trial or deposition in this action, provided such person has first executed a Non-Disclosure Agreement in the form annexed as an Exhibit hereto; e. any person retained by a party to serve as an expert witness or otherwise provide specialized advice to counsel in connection with this action, provided such person has first executed a Non-Disclosure Agreement in the form annexed as an Exhibit hereto; f. stenographers engaged to transcribe depositions conducted in this action; and g. the Court and its support personnel.

All Confidential Discovery Material filed with the Court, and all portions of pleadings, motions or other papers filed with the Court that disclose such Confidential Discovery Material, shall be filed under seal and kept under seal until further order of the Court. The parties will use their best efforts to minimize such sealing. In any event, any party filing a motion or any other papers with the Court under seal shall also publicly file a redacted copy of the same, via the Court’s Electronic Case Filing system, that redacts only the Confidential Discovery Material itself, and not text that in no material way reveals the Confidential Discovery Material. 7. Any party who either objects to any designation of confidentiality, or who, by contrast, requests still further 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 designating person a written notice stating with particularity the grounds of the objection or request. If agreement cannot be reached promptly, counsel for all affected persons will address their dispute to this Court in accordance with Paragraph 5 of this Court’s Individual Practices in Civil Cases.
8. 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 has previously been sealed or designated as Confidential. The Court also retains unfettered discretion whether to afford confidential treatment to any Confidential Document or information contained in any Confidential Document submitted to the Court in connection with any motion, application, or proceeding that may result in an order and/or decision by the Court. 9. Each person who has access to Discovery Material that has been designated as

Confidential shall take all due precautions to prevent the unauthorized or inadvertent disclosure of such material. 10. 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. 11. If a disclosing party makes a claim of inadvertent disclosure, the receiving party shall not thereafter review the Inadvertently Disclosed Information for any purpose, except by order of the Court. 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. 12. Within five business days of the notification 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. 13. As with any information redacted or withheld, the receiving party may seek an order from the Court compelling production of the Inadvertently Disclosed Information. The receiving party should follow the procedures in Paragraph 5 of the Court’s Individual Practices in Civil Cases and shall not assert as a ground for entering such an Order the fact or circumstances of the inadvertent production. 14. The disclosing party retains the burden of establishing the privileged or protected nature of any 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. Within 30 days of the final disposition of this action, all Discovery Material designated as “Confidential,” and all copies thereof, shall be promptly returned to the producing person, or, upon permission of the producing person, destroyed. 16. This Court shall retain jurisdiction over all persons subject to this 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.

              ARUN SUBRAMANIAN, U.S.D.J. 

Dated: New York, New York

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

X, Plaintiffs, v. X, Defendants.

-CV- (AS) 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 as Confidential. I agree that I will not disclose such Confidential Discovery Material to anyone other than for purposes of this litigation and that at the conclusion of the litigation I will return all discovery information to the party or attorney from whom I received it. 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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April 23, 2024

NOTICE REGARDING INDIVIDUAL PRACTICES IN CRIMINAL CASES Arun Subramanian, United States District Judge

Judge Subramanian is considering updates to his individual practices in criminal cases to ensure his procedures best advance the public interest and promote the just and efficient management of cases. Cf. Fed. R. Crim. P. 2 (rules should “be interpreted to provide for the just determination of every criminal proceeding, to secure simplicity in procedure and fairness in administration, and to eliminate unjustifiable expense and delay”).

The public is invited to propose changes to the Court’s practices by emailing letters to
SubramanianNYSDChambers@nysd.uscourts.gov, no later than June 3, 2024. Judge Subramanian specifically welcomes suggestions related to when and how trial material should be disclosed to criminal defendants in advance of trial.

Thank you.

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Revised: February 17, 2026

INDIVIDUAL PRACTICES IN CRIMINAL CASES Arun Subramanian, United States District Judge

Chambers

United States District Court

Southern District of New York

500 Pearl Street, Courtroom 15A

New York, NY 10007 SubramanianNYSDChambers@nysd.uscourts.gov

1. Electronic Case Filing (ECF)

Counsel are required to register for Electronic Case Filing (ECF) promptly after being retained or assigned. Counsel can obtain instructions on how to register at https://nysd. uscourts.gov/electronic-case-filing.

2. Civility in All Proceedings

Parties must act with the highest degree of professionalism and courtesy in their dealings with other parties, the Court and Court staff, and anyone else involved in the litigation. Abusive conduct of any kind will not be tolerated and should promptly be brought to the Court’s attention.

3. No Courtesy Copies. Unless the Court orders otherwise, parties should not submit courtesy copies of any submissions, including sentencing submissions.

4. Communications with Chambers

A. Initial Pretrial Conference. Upon assignment of a criminal case to Judge Subramanian, the Assistant United States Attorney shall immediately email Chambers to arrange for a prompt conference/arraignment. In the email, the Assistant United States Attorney shall include: (1) the name of the defendant(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.) or bailed; (4) whether any defendant requires an interpreter (and, if so, the relevant language); and (5) any other pertinent information. In addition, the Assistant United States Attorney shall attach to the email PDFs of the indictment and the criminal complaint if they exist.

B. Telephone Calls. Any other communications with Chambers, including requests for extensions or adjournments, shall be by letter or letter-motion filed on ECF in accordance with Paragraphs 4(C) and 6(A). For questions that

cannot be answered by reference to these Rules, or for urgent matters requiring immediate attention, please email chambers.

C. Letters. Except for matters requiring immediate attention or as otherwise provided below, communications with the Court should be by letter filed on ECF. Letters seeking relief, including requests for extensions, adjournments, or bail modification, should be filed on ECF as letter-motions in accordance with Paragraph 6(A) 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 attachment to the Court with a copy simultaneously delivered to all counsel (unless the submission is being made ex parte). Any such email shall state clearly in the subject line: (1) the caption of the case, including the lead party names and docket number; and (2) a brief description of the contents of the letter. Parties shall not include substantive communications in the body of the email; such communications shall be included only in the letter itself.

Whether filed electronically or not, letters (together with any related exhibits) may not exceed 10 pages in length.

D. 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 in accordance with Paragraph 6(A), not as ordinary letters. (If a request contains sensitive or confidential information, it may be submitted by email in lieu of being filed electronically.) The letter-motion must state: (1) the original date(s); (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) the reason for the extension or adjournment; (5) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent; and (6) the date of the parties’ next scheduled appearance before the Court. If a party seeks an exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161, the party should submit to the Court by email a proposed order (in Microsoft Word format) along with its request for adjournment or extension.

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

E. Faxes. Faxes are not permitted except with prior approval of Chambers.

F. Hand Deliveries. Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance of the Daniel Patrick Moynihan United States District Courthouse at 500 Pearl Street, New York, NY 10007.

G. Urgent Communications. As a general matter, materials filed via ECF are reviewed by the Court the business day after they have been filed. If a submission requires more immediate attention, please notify Chambers by telephone after you file via ECF.

5. Status Updates

No later than 24 hours prior to a scheduled status conference, the parties shall jointly write to the Court to provide any updates and preview what they wish to discuss at the conference.

6. Defense Counsel

A. Benefactor Payments. Whenever defense counsel has received, or is receiving, a benefactor payment that subjects counsel to a conflict of interest, said 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 there is a substitution of defense counsel, counsel of record must file a letter-motion on ECF in accordance with Paragraph 6(A) to request that a conference be scheduled as soon as possible. At the conference, the Court will address the application by defense counsel to be relieved. Counsel of record (i.e., current counsel), the defendant, replacement counsel, and the Assistant United States Attorney must also attend the conference.

7. Motions

A. Letter-Motions. Letter-motions may be filed 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. In particular, in accordance with Paragraph 4(D) above, all requests for adjournments and extensions should be filed as letter-motions. All letter-motions should be text-searchable.

B. Memoranda of Law. 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. All memoranda of law shall be in twelve-point font or larger, double spaced, and text-searchable. Sur-reply memoranda will not be accepted without prior permission of the Court. All appendices to memoranda of law must be indexed.

C. Discovery Motions. In making discovery motions, counsel must comply with

Southern District Local Criminal Rule 16.1. Any discovery motion must contain the Rule 16.1 affidavit.

8. Bail Modifications

Any written request for a bail modification by a defendant shall be filed on ECF as a letter-motion (not an ordinary letter) and shall indicate whether the Government and the Pre-Trial Services Officer consent to the request.

9. Guilty Pleas

A. Plea Agreements and Pimentel Letters. When a defendant is pleading guilty pursuant to a plea agreement or a cooperation agreement, a copy of the agreement, signed or unsigned, ordinarily must be received by Chambers at least two business days before the scheduled plea. Where the Government is providing a Pimentel letter, a copy of the Pimentel letter must be received by Chambers at least two business days before the scheduled plea. These documents should be emailed to the Court.

B. Preparation for Allocution. Prior to the date set for the plea, defense counsel is expected to have reviewed with the defendant—if necessary, with the assistance of an interpreter—any Pimentel letter or plea agreement. Defense counsel and the defendant should execute any plea or cooperation agreement, prior to the time set for the plea. The defendant should also be prepared in advance of a guilty plea to give narrative allocutions that incorporate all elements of the offense(s) to which the defendant is pleading guilty. In the interest of clarity and efficiency, counsel is encouraged to assist the defendant in writing an allocution that can be read in open court during the plea proceeding.

10. Trials

A. Trial Dates. Judge Subramanian’s general practice will be to set a trial date at the second pretrial conference (after the filing of any defense motions). In advance of that conference, counsel should confer with respect to when they would want to have the trial and should advise the Courtroom Deputy.

B. Pre-Trial Deadlines. In most cases, the Court will enter an order approximately two months before the trial date scheduling a final pretrial conference and setting deadlines for the submission of requests to charge, proposed voir dire, proposed verdict forms, and any motions in limine.

C. Proposed Voir Dire, Jury Instructions, and Verdict Forms. The parties should include in their proposed voir dire a brief description of the case and a list of names and places likely to be mentioned at trial, both to be read to prospective jurors during jury selection. At the time of filing, each party should

also email those documents, as Microsoft Word documents, to the address listed in these rules.

D. Exhibits and 3500 Material. Before trial, each party must provide the Court with one copy of all documentary exhibits and Section 3500 material. If feasible, the parties should submit copies of each documentary exhibit and Section 3500 material in electronic form (with each filename corresponding to the relevant exhibit number — e.g., “GX-1,” “DX-1,” etc.). If submission of electronic copies in this manner would be an undue burden on a party, the party may seek leave of Court (by letter-motion filed on ECF) to submit materials on a CD or DVD (not a flash drive) or in hard copy. Where submitted in hard copy, exhibits and Section 3500 material should be pre-marked and assembled sequentially in a loose-leaf binder or binders (not to exceed 2-1/2 inches in thickness), or in separate manila folders labeled with the exhibit numbers and placed in redweld folders labeled with the case name and docket number.

E. Exhibit Lists. Before trial, each party shall email to the Court a Microsoft Word document listing all exhibits sought to be admitted. The list shall contain four columns labeled as follows: (1) “Exhibit Number”; (2) “Description” (of the exhibit); (3) “Date Identified”; and (4) “Date Admitted.” The submitting party shall complete the first two columns, but leave the third and fourth columns blank, to be filled in by the Court during trial.

F. Other Trial Rules and Procedures. In addition to the foregoing, counsel shall familiarize themselves with, and abide by, Judge Subramanian’s Individual Practices for Trials, available at https://nysd.uscourts.gov/hon-arun- subramanian.

11. Sentencings

A. Sentencing Adjournments. Any request for an adjournment of a sentencing should be made as early as possible, and no later than 72 hours before the sentencing proceeding, in accordance with Paragraph 4(D) above.

B. Sentencing Submissions. Unless prior permission has been granted, sentencing memoranda are limited to 25 pages. Unless otherwise ordered by the Court, a defendant’s sentencing submission shall be filed and served two weeks in advance of the date set for sentencing. The Government’s sentencing submission shall be filed and served one week in advance of the date set for sentencing. If a party does not intend to file a substantive sentencing submission, the party shall file and serve a letter to that effect.

C. ECF Filing. Except for submissions to be filed under seal or in redacted form, every document in a sentencing submission, including letters, must be filed on ECF. Letters should be grouped and filed together as attachments to a single document marked SENTENCING SUBMISSION with the caption and docket number clearly indicated. 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.

12. 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”). There are two categories of information that may be redacted from public court filings without prior permission from the Court: “sensitive information” and information requiring “caution.” Parties should not include in their public filings, unless necessary, the five categories of “sensitive information” (i.e., social security numbers [use the last four digits only], names of minor children [use the initials only], dates of birth [use the year only], financial account numbers [use the last four digits only], and home addresses [use only the City and State]). Parties may also, without prior Court approval, redact from their public filings the six categories of information requiring caution described in the Privacy Policy (i.e., any personal identifying number, medical records [including information regarding treatment and diagnosis], employment history, individual financial information, proprietary or trade secret information, and information regarding an individual’s cooperation with the government).

B. Redactions and Sealed Filings Requiring Court Approval. Except for redactions permitted by the previous Paragraph, all redactions or sealing of public court filings require Court approval. To be approved, any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must be otherwise consistent with the presumption in favor of public access to judicial documents. In general, parties’ consent or the fact that information is subject to a confidentiality agreement between litigants is not, by itself, a valid basis to overcome the presumption in favor of public access to judicial documents.

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 of 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 discussed in Paragraph 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 Paragraph 11(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 Chambers:

(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 seeking leave to
file 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 the main document (in accordance with the procedures above, if the party seeks to do so with redactions) on ECF, 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 Paragraphs 11(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 Chambers and should 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 considering the standards discussed in Paragraph 11(B) above. 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. The Court will include instructions for filing sealed or redacted versions of the document and accompanying letter- motion, if necessary, in any order disposing of the motion to seal.

13. Use of Electronic Devices and Wi-Fi Access for Hearings and Trials A. Use of Electronic Devices. Electronic devices (including mobile telephones, personal electronic devices, computers, and printers) may not be used in Judge

Subramanian’s Courtroom without his permission. More broadly, the use of any such devices within the Courthouse and its environs is governed by the Court’s Standing Order M10-468. If required by the Standing Order, counsel seeking to bring a device into the Courthouse shall submit an Electronic Device and Wi-Fi Access Request Form, available on the Court’s website, to the Court by email as early as possible — and certainly no later than three business days before the start of the trial or hearing. Requests submitted later than three business days prior to the relevant trial or hearing may be denied on that basis alone. If permitted by the Standing Order, mobile telephones are permitted inside the Courtroom, but they MUST be always turned off. Non-compliance with this rule may result in forfeiture of the device for the remainder of the proceedings.

B. Wi-Fi Access for Hearings and Trials. Attorneys may obtain authorization to use the Court’s Wi-Fi system in Judge Subramanian’s Courtroom during a hearing or trial. For further information, see Judge Subramanian’s Individual Practices for Hearings and Trials, available on Judge Subramanian’s webpage.

View source on SDNY.uscourts.gov →

Revised: May 11, 2026 INDIVIDUAL PRACTICES IN CIVIL CASES Arun Subramanian, United States District Judge

Chambers United States District Court Southern District of New York 500 Pearl Street, Courtroom 15A New York, NY 10007 SubramanianNYSDChambers@nysd.uscourts.gov

Unless otherwise ordered by the Court, these Individual Practices apply to all civil matters before Judge Subramanian except for civil pro se cases (see Individual Practices in Civil Pro Se Cases).

1. Civility in All Proceedings Parties must act with the highest degree of professionalism and courtesy in their dealings with other parties, the Court and Court staff, and anyone else involved in the litigation. Abusive conduct of any kind will not be tolerated and should promptly be brought to the Court’s attention. For the avoidance of doubt, this provision applies to discovery communications and conduct in depositions.

2. Guidelines for All Submissions A. Designation of Lead Trial Counsel. At the outset of each case, or upon reassignment of a matter to this Court, each party must identify to the Court one individual who shall serve as Lead Trial Counsel for that party. This designation must be provided to the Court in the party’s first submission (including in reassigned cases). The designation of Lead Trial Counsel cannot be changed absent prior approval by the Court. As specified below, Lead Trial Counsel is required to personally attend all conferences before the Court and to be personally involved in discovery disputes before they are brought to the Court.
   B. 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. C. No Courtesy Copies. Unless the Court orders otherwise, parties should not submit courtesy copies of any submissions.

3. Communications with Chambers A. Letters. Except as otherwise provided below, communications with the Court should be by letter, filed electronically on ECF. Letters seeking relief should be filed on ECF as letter-motions in accordance with Paragraph 8(A) below, not as ordinary letters. Unless otherwise ordered by the Court, letters may not exceed three pages in length. B. Telephone Calls. Telephone calls to Chambers are permitted solely in emergency situations where a letter or letter-motion is not feasible, or as specifically authorized in Paragraph 6(B) (Conduct in Depositions). In such situations, counsel for all parties must join the call. Technical questions pertaining to ECF filings should be directed to the ECF Help Desk at helpdesk@nysd.uscourts.gov or (212) 805-0800.

C. Faxes. Faxes are not permitted except with prior approval of Chambers. D. Hand Deliveries. Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance of the Daniel Patrick Moynihan United States District Courthouse at 500 Pearl Street, New York, NY 10007, and may not be brought directly to Chambers. If the hand-delivered letter is urgent and requires the Court’s immediate attention, ask the Court Security Officers to notify Chambers that an urgent package has arrived that needs to be retrieved by Chambers staff immediately. E. 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, not as ordinary letters, proposed stipulations, or proposed orders. The letter-motion must state: (1) the original date(s); (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) the reasons for the requested extension; (5) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent; and (6) the date of the parties’ next scheduled appearance before the Court as well as any other existing deadlines. If the extension will affect any other deadlines in the case, the party seeking the extension should propose amendments to those deadlines as well. Requests for extensions of deadlines regarding a matter that has been referred to a Magistrate Judge shall be addressed to that assigned Magistrate Judge. Any request for extension or adjournment shall be made at least two business days prior to the deadline or scheduled appearance. Requests for extensions will ordinarily be denied if made after this deadline. 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-CV-1234 [rel. 11-CV-4321]). After two or more actions have been consolidated for all purposes under a single docket number pursuant to Rule

42(a)(2) of the Federal Rules of Civil Procedure, all future court papers and correspondence should be filed only in the docket under which the cases have been consolidated and should reference only that docket number. G. ECF. In accordance with the Electronic Case Filing Rules and Instructions, counsel are required to register promptly as ECF filers and to enter an appearance in the case. Counsel are responsible for updating their contact information on ECF, should it change, and they are responsible for checking the docket sheet regularly, regardless of whether they receive an ECF notification of case activity. For assistance with updating contact information, please contact the ECF Help Desk at helpdesk@nysd.uscourts.gov or (212) 805-0800; do not file a letter-motion advising the Court of the change. 4. Conferences A. In-Person Conferences. Unless otherwise ordered by the Court, all in-person conferences will be held in Courtroom 15A, 500 Pearl Street, New York, NY 10007. B. Teleconferences. The following procedures shall apply to all teleconferences with the Court: i. At least 24 hours before a scheduled teleconference, the parties must jointly email to the Court a list of counsel who may speak during the teleconference. No more than one individual should be designated to speak on behalf of each party. The email should also provide the telephone numbers from which counsel expect to join the call. ii. Counsel should use a landline whenever possible, should not use a speakerphone, and must mute themselves whenever they are not speaking to eliminate background noise. iii. To facilitate orderly teleconferences and the creation of an accurate transcript where a teleconference is held on the record, counsel are required to identify themselves every time they speak. Counsel should spell any proper names for the court reporter and take special care not to interrupt or speak over one another. iv. Broadcasting or recording of any court conference is prohibited by law. C. Attendance by Lead Trial Counsel and Principal Decision-Makers. Lead Trial Counsel must appear at all conferences with the Court, must have authority to bind the party they represent consistent with the proceeding (for example, by agreeing to a discovery or briefing schedule), and should be prepared to address any matters likely to arise at the proceeding. Any attorney appearing before the Court must enter a notice of appearance on ECF. Principal decision-makers must attend the final pretrial conference and the trial.

D. Initial Case Management Conference. In most cases, the Court will schedule a Federal Rule of Civil Procedure 16(c) conference to occur no more than three months after the filing of the complaint or notice of removal. Plaintiff’s counsel (or, in a matter removed from state court, defense counsel) is directed to promptly notify all counsel of the Notice of Initial Pretrial Conference. In most cases, the Notice will direct the parties to submit on ECF a joint letter as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the conference date. This must be filed on ECF as a letter motion- not a standard letter. The parties shall use the form Proposed Case Management Plan and Scheduling Order available at the Court’s website. The Court will set a schedule for the case at the initial case management conference. In most cases, the Court will give the parties four months (from the date of the conference) to complete all discovery, set a deadline for the filing of any motions for summary judgment, and set a date on which trial will commence.
E. Rule 26(f) Obligations. The parties should fulfill their obligations to confer as required by Federal Rule of Civil Procedure 26(f) as soon as practicable after service of the complaint. Any party’s failure to promptly confer should be brought to the Court’s attention pursuant to the procedures in Paragraph 5 of these Individual Practices.
5. Discovery Disputes
A. Parties must follow Local Civil Rule 37.2 with the following modifications. Special rules regarding disputes raised during depositions are addressed in Paragraph 6.

B. Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party—in person, by videoconference, or by telephone—to resolve the dispute. This process must include at least one conference among Lead Trial Counsel for the parties involved in the dispute.

C. Where a party raises a discovery dispute with the opposing party, the opposing party must make itself available to confer in good faith to resolve the dispute within two business days of a request for a conference. If a party requests a Lead Trial Counsel conference, Lead Trial Counsel for the opposing party must make themselves available within two business days.
D. If the meet-and-confer process does not resolve the dispute within 10 business days of the dispute first being raised (or sooner, if an impasse has been reached), the party seeking discovery may file on ECF a letter-motion, no longer than three pages, explaining the nature of the dispute and, if applicable, why the party is entitled to relief and requesting an informal conference. Any letter-motion seeking relief must state: (1) the dates and times of each conference conducted pursuant to Paragraph 5(B)–(C); (2) the duration of these conferences; (3) the names of the attorneys who participated; and (4) that the moving party informed the adversary

during the last conference that the moving party believed the parties to be at an impasse and that the moving party would be requesting a conference with the Court. The letter-motion must specifically state that the required Lead Trial Counsel conference occurred.
E. Any opposition to a letter-motion seeking relief shall be filed as a letter, not to exceed three pages, within two business days. Counsel should be prepared to discuss with the Court the matters raised by such letters, as the Court will seek to resolve discovery disputes quickly, by order (based on the letters alone) or in a conference.
F. Counsel should seek relief in accordance with these procedures in a timely fashion. If a party waits until near the close of discovery to raise an issue that could have been raised earlier, the party is unlikely to be granted the relief that it seeks or more time for discovery. G. Privilege Logs and Privilege Log Disputes. Privilege logs should be sufficiently detailed to enable the receiving party to evaluate a claim of privilege, including identification of attorneys involved in the relevant documents or communications. Privilege logs must be promptly produced and updated on a rolling basis as documents are produced. Each log and update must include a certification from counsel that counsel has reviewed the withheld or redacted documents, and that there is a good-faith basis to assert privilege over those documents. Disputes related to privilege logs are subject to the rules governing discovery disputes specified in Paragraph 5. The Court may on its own initiative order in camera production to the Court of unredacted documents from the producing party’s log where a dispute is raised.
6. Conduct in Depositions
A. All objections during a deposition must be “stated concisely in a nonargumentative and nonsuggestive manner.” Fed. R. Civ. P. 30(c)(2). Witness coaching or disruptive commentary of any kind during questioning is prohibited. Objections to the form of a question (e.g., argumentative, asked and answered, calls for a narrative response, calls for a legal conclusion, compound, vague, ambiguous, calls for speculation) should be limited to “objection form.” If the examining attorney is unclear as to the nature of the form objection, they may seek further clarification from the objecting attorney. B. If a dispute arises during a deposition, and the letter-motion procedures in Paragraph 5 are not feasible to address it, the parties may email Chambers to raise the dispute with the Court during the deposition. If a party wishes to engage the Court in this manner, all parties in attendance at the deposition must make themselves available and email the Court jointly.

7. Participation by Junior Attorneys
   A. The Court encourages the participation of less-experienced attorneys in all proceedings—including pretrial conferences, hearings on discovery disputes, oral arguments, and examinations of witnesses at trial—particularly where that attorney played a substantial role in drafting the underlying filing or in preparing the relevant witness. The Court may be inclined to grant a request for oral argument, or a request for more than one attorney to speak on behalf of a party in a conference, where doing so would afford the opportunity for a junior attorney to gain experience.
8. Motions A. Letter-Motions. When permitted by the S.D.N.Y. Local Rules and the S.D.N.Y. Electronic Case Filing Rules and Instructions, letters seeking relief should be filed on ECF as letter-motions, not as ordinary letters. B. Pre-Motion Conferences in Civil Cases. Pre-motion conferences are not required, except for disputes concerning discovery, which are governed by Paragraph 5 above. C. Memoranda of Law. Please reference Local Civil Rule 7.1(c) for all requirements. Sur-reply memoranda will not be accepted without prior permission of the Court. All appendices to memoranda of law must be indexed. The Court will rarely grant requests, even on consent of all parties, to expand these page limits. D. Unpublished Cases. If a party cites to a case not available in an official reporter, it need not provide copies of the case to Chambers if the case is available on Westlaw or Lexis. For cases only available on Westlaw or Lexis, the Westlaw citation should be used whenever possible. E. Oral Argument on Motions. A party may request oral argument by indicating “ORAL ARGUMENT REQUESTED” on the cover page of its memorandum of law. A party should advise the Court by letter if oral argument would be handled by a less-experienced attorney because, as discussed in Paragraph 7 above, that may make the Court more inclined to hold oral argument. If oral argument is requested, the Court will determine whether argument will be heard and, if so, advise counsel of the argument date.
   F. Use of ChatGPT and Other Tools. Counsel is responsible for providing the Court with complete and accurate representations of the record, the procedural history of the case, and any cited legal authorities. Use of ChatGPT or other such tools is not prohibited, but counsel must at all times personally confirm for themselves the accuracy of any research conducted by these means. At all times, counsel—and specifically designated Lead Trial Counsel—bears responsibility for any filings made by the party that counsel represents.

G. Motions to Dismiss
i. In any motion to dismiss arguing that a pleading fails to plausibly allege a claim, the supporting papers must clearly indicate the specific claim elements that the moving party believes have not been plausibly pleaded. In response, the non-moving party must identify the specific paragraphs in the pleading that the non-moving party believes plausibly allege those specific elements. The moving party must attach a non-argumentative chart as an exhibit to its moving papers identifying the elements not plausibly alleged, and the non-moving party must attach a responsive, non- argumentative exhibit to its responsive papers identifying the paragraphs of the complaint that plausibly allege those elements.

ii. When a motion to dismiss is filed and the non-moving party elects to amend its pleading pursuant to Federal Rule of Civil Procedure 15(a)(1), the non- moving party must, within 10 days of receipt of the motion, notify the Court and its adversary if it intends to file an amended pleading pursuant to Rule 15(a)(1), and the date by which it will do so. This provision does not alter the time for a non-moving party to file a response to the motion to dismiss as specified in the Federal Rules of Civil Procedure or Local Rules. Non- moving parties are on notice that declining to amend their pleadings to timely respond to an argument in the motion to dismiss may constitute a waiver of their right to later use the amendment process to cure defects that have been made apparent by the briefing.

a. If the party amends, the opposing party may then: (i) file an answer; (ii) file a new motion to dismiss; or (iii) submit a letter stating that it relies on the initially filed motion to dismiss.

b. If the moving party files an answer or a new motion to dismiss, the Court will deny the original motion to dismiss as moot without notice to the parties. H. Motions for Leave to Amend a Pleading. When moving to amend any pleading, the moving party shall—in accordance with Paragraph 2(B) above—file with the motion a redline showing all differences between the operative pleading and the proposed amended pleading. I. Summary Judgment Motions i. Absent good cause, the Court will not ordinarily have summary judgment practice in a non-jury case. ii. Parties may not file more than one motion for summary judgment absent prior Court approval.

iii. 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. 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.

iv. With respect to any deposition that is supplied, the index to the deposition should be included if it is available. v. The parties should provide the Court with a complete electronic, text- searchable copy of any hearing or deposition transcript on which the parties rely, if such a copy is available, unless doing so would be unduly burdensome. vi. Memoranda of law should include sections discussing the relevant background and facts. Parties should not merely incorporate by reference their Local Rule 56.1 Statements or Counterstatements. J. Motions to Exclude Testimony of Experts. Unless the Court orders otherwise, motions to exclude testimony of experts, pursuant to Rules 702–705 of the Federal Rules of Evidence and the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), line of cases, must be made by the deadline for dispositive motions and should not be treated as motions in limine. K. Preliminary Injunction Motions. The Court generally follows the procedure for the conduct of non-jury trials described in Paragraph 10(E) below. L. Default Judgment Motions. If a party fails to respond to a claim, the party asserting the claim should promptly move for entry of default judgment if appropriate. A party seeking a default judgment must proceed by filing a motion for default judgment on ECF 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: i. if failure to answer is the basis for the default, a Certificate from the Clerk
of Court stating that no answer has been filed;

ii. an attorney’s affidavit or declaration setting forth:

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

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

3. legal authority for why such service was proper;

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

5. the proposed damages and the basis for each element of damages, including interest, attorney’s fees, and costs; and

6. legal authority for why an inquest into damages would be unnecessary; iii. if the proposed damages are supported by calculations, native versions of
   the files with calculations (i.e., versions of the files in their original format, such as in “.xlsx”), which shall be emailed to Chambers;

iv. a proposed default judgment;

v. copies of all the operative pleadings; and

vi. a copy of the affidavit of service of the summons and complaint. M. Proposed Stipulations and Orders. In accordance with the S.D.N.Y. Local Rules and the S.D.N.Y. Electronic Case Filing Rules and Instructions, parties should file on ECF all proposed stipulations and orders that they wish the Court to sign, using the appropriate ECF filing event. See SDNY ECF Rules & Instructions §§ 13.17– 19 & App’x A. As noted above, requests for extensions and adjournments must be made by letter-motion, not by proposed stipulation or proposed order. 9. Other Pretrial Guidance A. Applications for Temporary Restraining Orders. A party should confer with its adversary before making an application for a temporary restraining order unless the party seeking relief is able to satisfy the requirements for obtaining temporary relief without notice to the adverse party set forth in Federal Rule of Civil Procedure 65(b)(1). If the party seeking relief believes that Rule 65(b)(1)’s requirements can be met and a temporary restraining order should issue without notice to the adverse party, the party should file its papers on ECF under seal (or, if ECF is not a viable option, by email to Chambers) and then email Chambers providing notice. If the party is prepared to seek relief on notice to the adverse party, the party seeking relief should simultaneously file its papers on ECF, serve them on all other parties, and then email Chambers. B. Settlement Agreements. Unless the Court orders otherwise, the Court will not retain jurisdiction to enforce confidential settlement agreements. If the parties wish that the Court retain jurisdiction to enforce a settlement agreement, the parties must place the terms of their agreement on the public record. The parties may either

provide a copy of the settlement agreement for the Court to endorse or include the terms of their settlement agreement in their stipulation of settlement and dismissal. C. Bankruptcy Appeals. The parties must comply with the briefing schedule and the format and length specifications set forth in the Federal Rules of Bankruptcy Procedure (8014–8018) unless otherwise ordered by the Court.

10. Trial Submissions and Procedures A. Joint Pretrial Order. Unless otherwise ordered by the Court, at least 14 days prior to the scheduled final pretrial conference, the parties shall both file on ECF, as a “Joint Pretrial Statement,” and submit by email to the Court a proposed joint pretrial order, which shall include the following: i. the full caption of the action; ii. the names, law firms, addresses, telephone numbers, and email addresses of trial counsel if not already listed on the docket; iii. a brief statement by plaintiff (or, in a removed case, by defendant) as to the basis of subject matter jurisdiction, and a brief statement by each other party as to the presence or absence of subject matter jurisdiction. Such statements shall include citations to all statutes relied on and relevant facts as to citizenship and jurisdictional amount; iv. a brief summary by each party of the claims and defenses that the party asserts remain to be tried, including citations to any statutes on which the party relies. Such summaries shall also identify all claims and defenses previously asserted that are not to be tried. The summaries should not recite any evidentiary matter; v. a statement as to the number of trial days needed and whether the case is to be tried with or without a jury; vi. a joint statement summarizing the nature of the case, to be read to potential jurors during jury selection; vii. a list of people, places, and institutions that are likely to be mentioned during the trial, to be read to potential jurors during jury selection; viii. a statement as to whether all parties have consented to trial by a Magistrate Judge, without identifying which parties do or do not consent; ix. any stipulations or agreed statements of fact or law to which all parties consent. In a jury case, the parties should memorialize any such stipulations or agreed statements of fact or law in a standalone document that can be marked and admitted at trial;

x. a list of all trial witnesses, 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 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. The parties need not designate deposition testimony to be used for impeachment purposes only; xii. a list by each party of all exhibits to be offered in its case-in-chief, with a single asterisk indicating exhibits to which no party objects on any ground. If a party objects to an exhibit, the objection should be noted by indicating the Federal Rule of Evidence that is the basis for the objection. If any party believes that the Court should rule on such an objection in advance of trial, that party should include a notation to that effect (e.g., “Advance Ruling Requested”) as well. In general, the Court will rule on relevance and authenticity objections at the time of trial; xiii. a statement of the damages claimed and any other relief sought, including the manner and method used to calculate any claimed damages and a breakdown of the elements of such claimed damages; and xiv. a statement of whether the parties consent to less than a unanimous verdict. B. Required Pretrial Filings. Unless otherwise ordered by the Court, each party shall file and serve with the joint pretrial order: i. in all cases, motions addressing any evidentiary issues or other matters that should be resolved in limine. Absent leave of the Court, each party must file a single memorandum of law, consistent with Paragraph 8(C) above, in support of all motions in limine filed by that party; ii. in all jury cases, joint requests to charge, joint proposed verdict forms, and joint proposed voir dire questions as specified by Paragraph 10(D) below; and iii. in all non-jury cases, proposed findings of fact and conclusions of law. The proposed findings of fact should be detailed and should include citations to the proffered trial testimony and exhibits, as there may be no opportunity for post-trial submissions. At the time of filing, parties should also submit copies of these documents to the Court by email, both in PDF format and as a Microsoft Word document.

C. Electronic Copies of Exhibits and Exhibit Lists. Unless otherwise ordered by the Court, the parties shall also submit with the joint pretrial order (but not file on ECF): i. an electronic copy of each exhibit sought to be admitted (with each filename corresponding to the relevant exhibit number—e.g., “PX-1,” “DX-1,” etc.). If submission of electronic copies would be an undue burden on a party, the party may seek leave of Court (by letter-motion filed on ECF) to submit prospective documentary exhibits in hard copy. Each hard copy shall be pre-marked (that is, with an exhibit sticker) and assembled sequentially in a loose-leaf binder (not to exceed 2-1/2 inches in thickness) or in separate manila folders labeled with the exhibit numbers and placed in redweld folders labeled with the case name and docket number; and ii. a Microsoft Word document listing all exhibits sought to be admitted, emailed to the court. The list shall contain four columns labeled as follows: (1) “Exhibit Number”; (2) “Description” (of the exhibit); (3) “Date Identified”; and (4) “Date Admitted.” The parties shall complete the first two columns, but leave the third and fourth columns blank, to be filled in by the Court during trial. D. Requests to Charge and Proposed Voir Dire. Unless otherwise ordered by the Court, in all jury trials, joint requests to charge, joint proposed verdict forms, and joint proposed voir dire questions shall be submitted as attachments to the proposed joint pretrial order, with any differing proposals displayed in track-change format and supported by authority or other justification. At the time of filing, parties should also submit copies of these documents to the Court by email, as Microsoft Word documents. For any request to charge or proposed voir dire question on which the parties cannot agree, each party should clearly set forth its proposed charge or question, and briefly state why the Court should use its proposed charge or question, with citations to supporting authority. E. Additional Submissions in Non-Jury Cases. Unless otherwise ordered by the Court, at the time the joint pretrial order is filed, each party in a non-jury trial shall submit to the Court by email and serve on opposing counsel, but not file on ECF, the following:

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

to be marked as exhibits, at which time any objections to particular paragraphs of an affidavit can be made; and ii. all deposition excerpts that will be offered as substantive evidence, as well as a one-page synopsis of those excerpts for each deposition. Each synopsis shall include page citations to the pertinent pages of the deposition transcripts. F. Filings in Opposition. Unless otherwise ordered by the Court, any party may file the following documents within one week after the filing of the pretrial order: i. opposition to any motion in limine; and
ii. opposition to any legal argument in a pretrial memorandum. 11. Redactions and Sealed Filings A. Redactions Not Requiring Court Approval. The parties are referred to Rule 5.2 of the Federal Rules of Civil Procedure and the S.D.N.Y. ECF Privacy Policy (“Privacy Policy”). There are two categories of information that may be redacted from public court filings without prior permission from the Court: “sensitive information” and information requiring “caution.” Parties should not include in their public filings, unless necessary, the five categories of “sensitive information” (i.e., social security numbers [use the last four digits only], names of minor children [use the initials only], dates of birth [use the year only], financial account numbers [use the last four digits only], and home addresses [use only the City and State]). Parties may also, without prior Court approval, redact from their public filings the six categories of information requiring caution described in the Privacy Policy (i.e., any personal identifying number, medical records [including information regarding treatment and diagnosis], employment history, individual financial information, proprietary or trade secret information, and information regarding an individual’s cooperation with the government). B. Redactions and Sealed Filings Requiring Court Approval. Except for redactions permitted by Paragraph 11(A) or as provided by the protective order approved in the case, all redactions or sealing of public court filings require Court approval. To be approved, any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must be otherwise consistent with the presumption in favor of public access to judicial documents. In general, the parties’ consent or the fact that information is subject to a confidentiality agreement between litigants is not, by itself, a valid basis to overcome the presumption in favor of public access to judicial documents.
C. Procedures for Filing Sealed or Redacted Documents. Any party seeking leave to file a document under seal or in redacted form shall proceed as follows: i. Meet and Confer. The party should meet and confer with any opposing party (or any third party seeking confidential treatment of the information)

in advance to narrow the scope of the request. When a party seeks leave to file a document under seal or in redacted form on the ground that an opposing party or third party has requested it, the filing party shall notify the opposing party or third party that it must file, within three business days, a letter explaining the need to seal or redact the document. ii. Sealed Document(s). The party shall file a letter-motion seeking leave to file a document under seal on ECF in accordance with Standing Order 19- MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion itself shall be filed in public view, should explain the reasons for seeking to file the document under seal, and should not include confidential information. The proposed sealed document shall be contemporaneously filed under seal on ECF (with the appropriate level of restriction) and electronically related to the motion (or to the relevant Court order if the Court previously granted leave to file the document under seal). Note that the summary docket text, but not the document itself, will be open to public inspection and should not include confidential information sought to be filed under seal. iii. Redacted Document(s). Where a party seeks leave to file a document in redacted form, the party shall file a letter-motion seeking leave to file a document in redacted form on ECF in accordance with Standing Order 19- MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion itself shall be filed in public view, should explain the reasons for seeking to file the document in redacted form, and should not include confidential information. At the same time, the party shall: (1) publicly file on ECF and electronically relate to the letter-motion a copy of the document with the proposed redactions; and (2) file under seal on ECF (with the appropriate level of restriction) and electronically relate to the motion an unredacted copy of the document with the proposed redactions highlighted.

iv. Submission by Email. Any party unable to comply with the requirements for electronic filing under seal through the ECF system, or who believes that a particular document should not be electronically filed at all, shall file a letter-motion seeking leave of the Court to file in a different manner. If the party is unable to file such a letter-motion on ECF or believes there is good cause not to file such a letter-motion on ECF, the party may submit it by email as a text-searchable PDF attachment with a copy simultaneously delivered to all counsel. Any such email shall state clearly in the subject line: (1) the caption of the case, including the lead party names and docket number; and (2) a brief description of the contents of the letter. Parties may not include substantive communications in the body of the email; such communications may be included only in the body of the letter. D. Protective Order. The parties should conform any proposed protective order as closely as possible to the Court’s Model Protective Order, which is available on

Judge Subramanian’s webpage. If the parties alter the Court’s Model Protective Order in any way other than conforming the caption and signatures, they must provide a redline indicating all such modifications by email to Chambers. The Court disfavors modifications to the Court’s Model Protective Order.
12. Use of Electronic Devices and WiFi Access for Hearings and Trials A. Use of Electronic Devices. Electronic devices (including mobile telephones, personal electronic devices, and computers) may not be used in Judge Subramanian’s Courtroom without his permission. More broadly, the use of any such devices within the Courthouse and its environs is governed by the Court’s Standing Order M10-468. If required by the Standing Order, counsel seeking to bring a device into the Courthouse shall submit an Electronic Device and Wi-Fi Access Request Form, available on the Court’s website, to the Court by e-mail as early as possible—and certainly no later than three business days before the start of the trial or hearing. Requests submitted later than three business days prior to the relevant trial or hearing may be denied on that basis alone. If permitted by the Standing Order, mobile telephones are permitted inside the Courtroom, but they MUST be kept turned off at all times. Non-compliance with this rule may result in forfeiture of the device for the remainder of the proceedings.

Wi-Fi Access for Hearings and Trials. Attorneys may obtain authorization to use the Court’s Wi-Fi system in Judge Subramanian’s Courtroom during a hearing or trial. For further information, see Judge Subramanian’s Individual Practices for Hearings and Trials, available on Judge Subramanian’s webpage.

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -against- -cv- (AS) Civil Case Management Plan and Scheduling Order After consultation with counsel for the parties, the following Case Management Plan is adopted. This plan is also a scheduling order pursuant to Rules 16 and 26(f) of the Federal Rules of Civil Procedure. 1. All parties [consent / do not consent ] to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). The parties are free to withhold consent without adverse substantive consequences. [If all parties consent, the remaining Paragraphs should not be completed. Instead, within three (3) days of submitting this Proposed Case Management Plan and Scheduling Order, the parties shall submit to the Court a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge, available at https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf.] 2. The case [is / is not ] to be tried to a jury. 3. Joinder of additional parties must be accomplished by _______________. 4. Amended pleadings may be filed without leave of Court until _______________. 5. Discovery (in addition to the disclosures required by Fed. R. Civ. P. 26(a)): a. Documents. First request for production of documents, if any, must be served by _______________. Further document requests may be served as required, but no document request may be served later than 30 days prior to the date of the close of discovery as set forth in item 5(f) below. b. Interrogatories. Interrogatories pursuant to Rule 33.3(a) of the Local Civil Rules of the Southern District of New York must be served by _______________. No other interrogatories are permitted except upon prior express permission of the Court. No Rule 33.3(a) interrogatories need be served with respect to disclosures automatically required by Fed. R. Civ. P. 26(a). Plaintiff(s), Defendant(s).

c. Experts. Every party-proponent of a claim (including any counterclaim, cross- claim, or third-party claim) that intends to offer expert testimony in respect of such claim must make the disclosures required by Fed. R. Civ. P. 26(a)(2) by _______________. Every party-opponent of such claim that intends to offer expert testimony in opposition to such claim must make the disclosures required by Fed. R. Civ. P. 26(a)(2) by _______________. No expert testimony (whether designated as “rebuttal” or otherwise) will be permitted by other experts or beyond the scope of the opinions covered by the aforesaid disclosures except upon prior express permission of the Court, application for which must be made no later than 10 days after the date specified in the immediately preceding sentence. All experts may be deposed, but such depositions must occur within the time limit for all depositions set forth below. d. Depositions. All depositions (including any expert depositions, see item 5(c) above) must be completed by _______________. Unless counsel agree otherwise or the Court so orders, depositions shall not commence until all parties have completed the initial disclosures required by Fed. R. Civ. P. 26(a)(1) or until four weeks from the date of this Order, whichever is earlier. Depositions shall proceed concurrently, with no party having priority, and no deposition shall extend beyond one business day without prior leave of the Court. e. Request to Admit. Requests to Admit, if any, must be served by ____________ [insert date that is no later than 30 days prior to date of close of discovery as set forth in item 5(f) below]. f. All discovery is to be completed by _______________. Interim deadlines for items 5(a-e) above may be extended by the parties on consent without application to the Court, provided the parties are certain they can still meet the discovery completion date set forth in this paragraph. The discovery completion date may be adjourned only upon a showing to the Court of extraordinary circumstances, and may not be extended on consent. 6. Post-discovery summary judgment motions in the form prescribed by the Court’s Individual Practices shall be served by _______________, answering papers by _______________, and reply papers by _______________. Each party must file its respective papers on the same date that such papers are served. 7. A final pre-trial conference shall be held on [date to be inserted by the Court]. The timing and other requirements for the Joint Pretrial Order and/or other pre-trial submissions shall be governed by the Court’s Individual Practices. 8. Jury selection (if applicable) and trial shall commence on [date to be inserted by the Court].

All motions and applications shall be governed by Judge Subramanian’s Individual Practices. Counsel shall promptly familiarize themselves with all of the Court’s Individual Practices, as well as with the Local Rules for the United States District Court for the Southern District of New York. SO ORDERED. Dated: New York, New York
ARUN SUBRAMANIAN United States District Judge

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Revised: March 14, 2025 INDIVIDUAL PRACTICES IN CIVIL PRO SE CASES Arun Subramanian, United States District Judge Pro Se Office United States District Court Southern District of New York Daniel Patrick Moynihan Courthouse 500 Pearl Street, Room 250 New York, NY 10007 Unless otherwise ordered by the Court, these Individual Practices apply to all civil cases involving pro se litigants (that is, litigants without counsel) before Judge Subramanian.

1. Civility in All Proceedings Parties, including pro se litigants, must act with the highest degree of professionalism and courtesy in their dealings with other parties, the Court and Court staff, and anyone else involved in the litigation. Abusive conduct of any kind will not be tolerated and should promptly be brought to the Court’s attention.
2. Pro Se Clinic Pro se parties are advised that there is a Pro Se Law Clinic available to assist self- represented parties in civil cases. The Clinic may be able to provide a pro se party with advice in connection with their case. The Pro Se Law Clinic is run by a private organization called the City Bar Justice Center; it is not part of, or run by, the Court (and, among other things, therefore cannot accept filings on behalf of the Court, which must still be made by any self-represented party through the Pro Se Intake Unit). Litigants in need of legal assistance should complete the City Bar Justice Center’s intake form to make an appointment. If a litigant has questions about the intake form or needs to highlight an urgent deadline already disclosed in the form, the clinic can be contacted by phone (212- 382-4794) or email (fedprosdny@nycbar.org). In-person appointments in the Thurgood Marshall Courthouse in Manhattan and the Charles L. Brieant Jr. Federal Building and Courthouse in White Plains are available Monday through Thursday, 10am to 4pm. Appointments are also available remotely Monday through Friday, 10am to 4pm.
3. Communications with Chambers A. No Communications by a Pro Se Party to Chambers. All communications with the Court by a pro se party should be in writing and delivered in person, mailed, or emailed as a PDF to ProSe@nysd.uscourts.gov. No documents or court filings may be sent directly to Chambers. Unless the Court orders otherwise, all communications with the Court will be docketed upon receipt; such docketing

shall constitute service on any user of the ECF system. If any other party is not a user of the ECF system (e.g., if there is another pro se party in the case), a pro se party must send copies of any filing to that party and include an Affidavit of Service or other statement affirming that it has done so. Copies of correspondence between a pro se party and opposing parties shall not be sent to the Court.

Pro se parties may not call the Court directly. Any questions should be directed to the Pro Se Office at (212) 805-0175.

B. Communications by Parties Represented by Counsel. Except as otherwise provided below, communications with the Court by a represented party shall be governed by Judge Subramanian’s Individual Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-arun-subramanian.

C. Requests for Adjournments or Extensions of Time. All requests for adjournments or extensions of time must be made in writing and must state: (1) the original date(s); (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) the reasons for the requested extension; (5) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent; and (6) the date of the parties’ next scheduled appearance before the Court as well as any other existing deadlines. Requests for extensions of deadlines regarding a matter that has been referred to a Magistrate Judge shall be addressed to that assigned Magistrate Judge.

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

4. Filing of Papers and Service

A. Consent to Receive Electronic Service. To ensure timely service of documents, including Court Orders, non-incarcerated pro se parties are encouraged to consent to receive electronic service through the ECF System. To do so, a pro se party should review the instructions available at https://www.nysd.uscourts.gov/sites/ default/files/2021-03/Consent_Pro-Se_Eservice-Instructions.pdf, and then submit a Consent to Electronic Service (available at https://www.nysd.uscourts.gov/sites/ default/files/2021-03/Consent Pro-Se Eservice-form.pdf).

B. Papers Filed by a Pro Se Party. A pro se party may file papers with the Court by:

i. delivering them in person to the Pro Se Office, Thurgood Marshall Courthouse, 40 Foley Square, Room 105, New York, NY 10007;

ii. mailing them to Pro Se Intake at: United States District Court, Southern

District of New York, 500 Pearl Street, New York, NY 10007, ATTN: 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 Court’s ECF Rules & Instructions, available in Appendix C at https://www.nysd. uscourts.gov/electronic-case-filing; or

iv. filing them on the ECF System if the pro se party has filed a motion to participate in ECF (available here and in the Pro Se Office) and been granted such permission by the Court.

C. Service on a Pro Se Party. 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 that the pro se party was served will not be considered.

5. Discovery

A. All requests for discovery by a pro se party should be sent to counsel for the party from whom discovery is sought. Discovery requests should not be sent to the Court.

B. If there are any discovery disputes, the parties are required to confer with one another to try to resolve the dispute without the need for Court intervention. If the parties are unable to resolve their dispute, either party may file a letter-motion, no longer than three pages and in accordance with Paragraph 1 above, explaining the nature of the dispute and requesting an informal conference. If the opposing party wishes to respond to the letter, it must promptly file a responsive letter, not to exceed three pages.

6. Motions

A. Filing and Service. Unless otherwise ordered by the Court, papers filed in opposition to a motion must be served and filed within 30 days of service of the motion papers, and reply papers, if any, must be served and filed within two weeks of receipt of opposition papers.

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

C. Special Rule for Summary Judgment Motions. With respect to any deposition

that is supplied in connection with a summary judgment motion, the index to the deposition should be included if it is available.

D. No Courtesy Copies. Unless the Court orders otherwise, parties should not submit courtesy hard copies of any submissions in pro se cases.

E. Oral Argument. Unless otherwise ordered by the Court, oral argument will not be heard in pro se matters.

7. Initial Case Management Conference

Absent a motion to dismiss, the Court will generally schedule an initial case-management conference within four months of the filing of the complaint. The Notice of Initial Pretrial Conference will be docketed on ECF and mailed to the pro se party or parties. Unless and until the Court orders otherwise, the conference will be held in person in Courtroom 15A, 500 Pearl Street, New York, NY 10007. An incarcerated party may not be able to attend this or other conferences but may participate by telephone. If an incarcerated party does not have counsel and is unable to participate by telephone, a family member or a representative may attend the conference.

The Court will set a schedule for the case at the initial case management conference. In most cases, the Court will give the parties four months (from the date of the conference) to complete all discovery and set a deadline for the filing of any motions for summary judgment 30 days after the close of discovery. In advance of the initial case management conference, the parties should, if practicable, confer with one another to determine if such a schedule would be appropriate or if there is anything unusual about the case that would require more time, and be prepared to discuss those issues at the conference. The Court will issue a written order memorializing all dates and deadlines following the conference.

8. Trial Documents

A. Pretrial Statement. Unless otherwise ordered by the Court, within 30 days of the completion of all discovery or, if a summary judgment motion is filed, within 30 days of the Court’s ruling on summary judgment, the plaintiff in a pro se case shall file a concise, written Pretrial Statement. This Statement 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. If pro se, the plaintiff shall file an original of this Statement with the Pro Se Office. Two weeks after service of the plaintiff’s Statement, the defendant must file and serve a similar Statement of its case containing the same information.

B. Other Pretrial Filings. If the case is to be tried before only a judge without a jury, any parties represented by counsel must also file proposed findings of fact and

conclusions of law at the time of filing the Pretrial Statement. If the case is to be tried before a jury, any parties represented by counsel must also file proposed voir dire questions, a proposed jury charge, and a proposed verdict form at the time of filing the Pretrial Statement. At the time of filing, a represented party should email these documents to the Court in both PDF and Microsoft Word formats. The pro se party may file such documents but is not required to do so and should not submit them by email.

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Revised: March 14, 2025

INDIVIDUAL PRACTICES FOR HEARINGS AND TRIALS Arun Subramanian, United States District Judge

Chambers

United States District Court

Southern District of New York

500 Pearl Street, Courtroom 15A New York, NY 10007 SubramanianNYSDChambers@nysd.uscourts.gov

Unless otherwise ordered, these Individual Practices apply to hearings and trials in both civil and criminal cases before Judge Subramanian.

1. Schedule for Trials. Once jury selection is complete, trials will generally be conducted Monday through Friday from 9 a.m. to 2:30 or 3 p.m., with one short break from approximately 11:30 a.m. to noon. For jury trials, the first day of trial (that is, jury selection and any other proceedings) will generally be conducted from 9:30 a.m. to 5 p.m. Judge Subramanian will confirm the trial schedule at or before the final pretrial conference.

2. Wi-Fi Access. Attorneys may obtain authorization to use the Court’s Wi-Fi system in Judge Subramanian’s Courtroom during a hearing or trial by submitting an Electronic Device and Wi-Fi Access Request Form, available on the Court’s website. The completed form should be submitted as early as possible—and certainly no later than three business days before the start of the trial or hearing. If approved and signed by Judge Subramanian, a copy of the Order will be sent to the requesting attorney, who will receive a network name, username, password, and instructions from the District Executive’s Office on or before the first day of the scheduled proceeding. Wi-Fi access is limited to the approved attorney (who may not share his or her username or password with others) for the duration of the proceeding and for Courtroom 15A (unless Judge Subramanian or another judicial officer grants permission for it to be used in another courtroom). If an attorney wishes to test the Wi-Fi prior to the proceeding, that request must also be made to Chambers at least three business days prior to the proceeding.

3. Audio-Visual Needs. If a party wishes to use audio-visual equipment at a hearing or trial, it is that party’s responsibility to ensure that any required approvals are obtained and that the necessary equipment is set up and working properly in advance of trial. A list of the technology already set up in Judge Subramanian’s courtroom can be found in Attachment B. The party should contact the Courtroom Deputy, at (212) 805- 0238, sufficiently in advance of trial to make the necessary arrangements for a

technology walk-through and to test the equipment. To the extent that authorization is required to use electronic devices, a party must submit an Electronic Device and Wi-Fi Access Request Form, which is available on the Court’s website. The completed Form should be submitted as early as possible — and certainly no later than three business days before the start of the trial or hearing.

4. Jury Selection. Jurors will be selected by the struck-panel method, as described in Attachment A.

5. Time Limits. In most civil cases, the Court will impose time limits on both sides at the final prehearing or pretrial conference. The parties’ opening statements (in civil jury trials) and examinations of witnesses will count against their time; lengthy colloquies before the jury will be split down the middle. The time limits do not apply to jury selection or to summations; the Court may impose separate time limits for summations. The parties should be prepared to address the issue of time limits at the final prehearing or pretrial conference.

6. Hearing and Trial Practices. Counsel shall abide by the following rules and practices with respect to witnesses, the handling of exhibits, and making objections:

A. Sidebars during jury trials are strongly disfavored. Counsel are expected to anticipate any issues that might require argument and to raise those issues with the Court in advance of the time that the jury will be hearing the evidence, ideally in advance of the final pretrial conference.

B. If counsel intends to use demonstrative aids (e.g., PowerPoint presentations) during their opening statement or during the examination of any witness, the aids should be furnished to opposing counsel in advance of their use and the parties should raise any disputes with the Court in advance.

C. Counsel shall ensure that each witness is present and ready to take the stand when that witness’s turn to testify arrives. If a witness finishes his or her testimony, and the side calling that witness does not have another witness present and ready to testify, that side will be deemed to have rested, and the Court will proceed to the next phase of the hearing or trial.

D. If both sides intend to call a particular witness, the parties shall ensure that the witness does not need to be called twice. Where a defense witness is called by the plaintiff (or a rebuttal witness is called by a defendant), the Court will allow counsel to go beyond the scope of the direct examination on cross-examination to avoid the need for the witness to be recalled.

E. If counsel plan to use a deposition at a hearing or trial, for impeachment or any other purpose, a copy of the deposition should be provided to the Court in advance of the hearing or trial session during which the deposition is to be used.

F. In advance of each hearing or trial session, counsel for the party going forward at that session should show opposing counsel the exhibits they intend to introduce at the session. The parties should raise any objections to an exhibit, other than authenticity or foundation, before the opening of the session. If possible, the Court will rule on the objection then, thereby eliminating the necessity for a colloquy or sidebar when the exhibit is offered.

G. Exhibits must be pre-marked (that is, with exhibit stickers or the like) and should generally be labeled by party and exhibit number (e.g., “GX-1,” “PX-1,” “DX-1,” etc.) rather than letter (e.g., “DX-AA”). Parties are encouraged to use electronic copies of exhibits as much as possible. Regardless, electronic copies of any document sought to be admitted (with each filename corresponding to the relevant exhibit number—e.g., “PX-1,” “DX-1,” etc.) should be provided to the Court in advance of the proceeding. If submission of electronic copies would be an undue burden on a party, the party may seek leave of Court (by letter-motion filed on ECF) to submit prospective documentary exhibits in hard copy.

H. 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 audio-visual system, a separate copy should be provided for each juror to avoid unnecessary delay.

I. Any exhibit offered in evidence should, at the time it is offered, be shown to opposing counsel unless it was provided, pre-marked, to counsel before the proceeding. At the end of the hearing or trial, counsel should make sure they have their exhibits. The Court is not responsible for them.

J. Counsel should request permission before approaching the bench, and any document that counsel wishes to have the Court examine should be handed to the Courtroom Deputy.

K. If counsel intends to question a witness about a group of documents, he or she should avoid delay by having all the documents with him or her when commencing the examination. Where practicable, counsel should provide all the documents in the group to the witness (ideally in a binder) and conduct the examination from the podium to avoid the need to approach the witness separately for each document.

L. Counsel should not make speaking objections before the jury. In making objections before the jury, counsel should state “objection” only and provide the legal ground (e.g., “relevance” or “hearsay”) only if elaboration is requested by the Court.

M. Counsel should not make motions (e.g., a motion for a mistrial) in the presence of the jury. Such matters may be raised at the next recess.

N. Offers of, or requests for, a stipulation should be made privately, not within the hearing of the jury. In most instances, stipulations should be reduced to writing in a form that can be marked and admitted at trial.

7. Conduct During a Hearing or Trial. Unless excused by the Court or incapable on account of disability, anyone at counsel table, including, as appropriate, any counsel or party, shall abide by the following rules and practices:

A. Stand when the jury enters or exits the courtroom.

B. Stand at the lectern while examining any witness; except that counsel may, with the Court’s permission, approach the Courtroom Deputy’s desk or the witness for purposes of handling or tendering exhibits.

C. Address all remarks to the Court, not to opposing counsel.

D. Be respectful of opposing counsel, the litigants, and witnesses.

E. Refer to all persons, including witnesses, other counsel, and parties by their surnames and not by their first or given names.

F. Only one attorney for each party shall examine, or cross-examine, each witness. The attorney stating objections, if any, during direct examination, shall be the attorney recognized for cross-examination. The attorney who conducts direct examination shall be the attorney who states any objections during cross- examination.

G. Commence cross-examination without preliminaries.

H. In examining a witness, counsel shall not repeat or echo the answer given by the witness.

I. Counsel should not face or otherwise appear to address him or herself to jurors when questioning a witness.

J. In opening statements and in arguments to the jury, counsel shall not express personal knowledge or opinion concerning any matter in issue.

8. Post-Hearing and Post-Trial Procedures. Counsel are responsible for raising promptly any issue concerning the accuracy of transcripts certified by the Court Reporter to be used for purposes of appeal. Counsel perceiving an error that is material shall stipulate to the appropriate correction or, if agreement cannot be reached, shall proceed by motion on notice. Non-material defects in syntax, grammar, spelling, or punctuation should be ignored.

i

ATTACHMENT A Procedures for Jury Selection

The Court will select jurors using the struck panel method as follows. The Court will conduct a voir dire of panelists computed by totaling: the number of jurors to be selected (8 in most civil cases and 12 in criminal cases); the number of alternates (none in civil cases and usually 2 in criminal cases); and the number of peremptory challenges. Thus, in a civil case with an 8-person jury and 3 peremptory challenges per side, the Court will voir dire 14 panelists. See Fed. R. Civ. P. 47, 48; 28 U.S.C. § 1870. In trials expected to last for substantially more than a week, the Court will consider increasing the number of jurors in a civil case and the number of alternates in a criminal case.

In a single-defendant criminal case in which the defendant has 10 and the Government 6 peremptory challenges, plus 1 each with respect to alternates, see Fed. R. Crim. P. 24, the Court will voir dire 32 panelists (12 jurors + 2 alternates + 10 peremptories for the defendant + 6 peremptories for the Government + 1 peremptory for the defendant for the alternates + 1 peremptory for the Government for the alternates).

The panelists will be voir dired (by the Court, not counsel) in the Courtroom. If issues are raised that are better discussed outside the presence of the entire panel (e.g., sensitive issues, requests to be excused, etc.), the Court will follow-up with the individual jurors either at sidebar or in the robing room. If a panelist is excused for cause, he or she will be replaced by another prospective juror from the pool and the new panelist will be voir dired. After the Court has voir dired all members of the panel, the Court will — at sidebar or in the robing room — give counsel an opportunity to propose follow up questions and entertain challenges for cause.

Once all challenges for cause have been heard and decided, the parties will then exercise their peremptory challenges (in the Courtroom) against the panelists who compose the potential members of the regular jury (in the ordinary criminal case, against the first 28 panelists) and, in criminal cases, the potential alternates (in a case where 2 alternates are to be selected, panelists 29 through 32). Peremptory challenges will be exercised simultaneously, with each party submitting a written list of the panelists it wishes to excuse. Any overlap among the lists of challenges will not result in parties receiving additional challenges. The jurors will be selected starting with the unchallenged juror with lowest number from the relevant pool (e.g., 1 through 28 for the regular jury and 29 through 32 for the alternates). For example, in an ordinary criminal case, if there was an overlap of 1 peremptory challenge with respect to the potential regular jurors (i.e., the first 28 panelists), the 15 challenged panelists would be excused and the first 12 of the remaining 13 would be seated as the jury. The 13th panelist, that is, the unchallenged panelist with the highest number, would also be excused.

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ATTACHMENT B Technology in 500 Pearl Street, Courtroom 15A

Judge Subramanian’s Courtroom is equipped with the following equipment that can be used, with a computer or tablet, to present electronic evidence:

• Counsel Tables: Two video monitors, one evidence presentation selection panel, a source input for evidence presentation, and two microphones per table.

• Presentation Lectern: One document camera, one touch display monitor for annotation, and one microphone.

• Witness Stand: One touch-screen video monitor for evidence display and annotation, source input for evidence presentation, and one microphone.

• Jury Box: Video monitors and acoustic speakers for evidence presentation.

• Gallery: One large video monitor.

The system allows a user to share evidence through an HDMI or VGA connection provided by the Court. If a device does not have a HDMI or VGA connection, the user is responsible for bringing an appropriate adapter.

View source on SDNY.uscourts.gov →