Judge Robyn F. Tarnofsky — United States District Court, Southern District of New York

Individual Practice Rules in Civil Cases

Revised May 4, 2026

INDIVIDUAL PRACTICES IN CIVIL CASES0F1 ROBYN F. TARNOFSKY, UNITED STATES MAGISTRATE JUDGE

Chambers U.S. District Court 500 Pearl Street, Room 910 New York, NY 10007 212-805-3840 Email for Civil Matters: TarnofskyNYSDChambers@nysd.uscourts.gov Email for Criminal Matters: TarnofskyCriminalDuty@nysd.uscourts.gov
Courtroom Daniel Patrick Moynihan Courthouse 500 Pearl St., Courtroom 9B

Note on How Cases Come Before Magistrate Judges: Cases come before Magistrate Judges in one of two ways: for one or more specific purposes pursuant to an order of reference by the assigned District Judge, or, on consent of the parties for all purposes pursuant to 28 U.S.C. § 636(c). If the parties wish to consent to having Judge Tarnofsky preside over their case for all purposes, the necessary form is available at https://nysd.uscourts.gov/hon-robyn-f-tarnofsky. When a District Judge approves an all-purposes consent form signed by counsel, the Magistrate Judge assumes the role of the District Judge. Any appeal is made directly to the Court of Appeals and the right to a jury trial is preserved. The following rules apply for proceedings before Judge Tarnofsky if the matter is within the scope of the District Judge’s order of reference or if the case is before Judge Tarnofsky for all purposes pursuant to 28 U.S.C. § 636(c). These rules do not modify or affect the practices of the District Judge before whom a case may also be pending.

I. Communications with Chambers. A) Letters. Communications with the Court should be by letter filed on ECF except for settlement conference submissions and in camera submissions which can be sent to the email address for civil matters at TarnofskyNYSDChambers@nysd.uscourts.gov.
B) Telephone Calls. Telephone calls to Chambers are permitted only for urgent matters requiring immediate attention. If you are encountering difficulties using ECF, call the ECF help desk at (212) 805-0800. C) Emails & Faxes. Emails to Chambers are only permitted for urgent matters requiring immediate attention or when otherwise expressly permitted by the Court in advance. In

Requests for reasonable accommodations on account of disability or religion with respect to the Court’s rules or in connection with any proceeding before Judge Tarnofsky may be emailed to Accommodation@nysd.uscourts.gov. Counsel and parties are invited to inform the Court of their preferred pronouns.

other circumstances, requests or questions to Chambers should be made by letter only, filed on the docket. No faxed communications shall be permitted without prior permission from Judge Tarnofsky’s Chambers. All faxes must simultaneously be delivered to all parties.
D) Letter-Motions. Letter-motions shall be filed on ECF in accordance with the S.D.N.Y. Local Rules and the S.D.N.Y. Electronic Case Filing Rules and Instructions. Requests that may be made by letter-motion include requests for: discovery conferences to address discovery disputes before formal motion practice, adjournments, extensions of time, pre-motion conferences, sealing, and settlement conferences.
E) Requests for Adjournments or Extensions of Time. Absent good cause, any request for an extension of time or an adjournment, except those involving adjournments of settlement conferences, shall be made at least one week before the deadline or scheduled appearance. Procedures for requests for adjournments of settlement conferences are set out in Section V(L) below. All other requests for adjournments or extensions of time must be filed on ECF as letter-motions. The letter-motion must state: (1) the original date(s); (2) the number of previous requests for adjournment or extension; and (3) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent. F) Hand Deliveries. Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance of 500 Pearl Street and may not be brought directly to Chambers. G) Courtesy Copies. As a general rule, and except as otherwise specified herein, no physical/paper courtesy copies of documents filed on ECF should be sent to Judge Tarnofsky. H) Electronic Device Orders. Orders permitting an attorney to bring an electronic device to Court may be found on the forms page of the SDNY website https://nysd.uscourts.gov/forms and is titled “Fillable Forms for Electronic Devices General Purpose.” Please note that only attorneys are eligible for such an order. These orders should not be filed on ECF. Once completed, they may be emailed to Chambers, TarnofskyNYSDChambers@nysd.uscourts.gov, for Court approval. The Court will then email back to counsel a copy of the signed order if approved.
I) Docketing, Scheduling and Calendar Matters. For docketing, scheduling and calendar matters, email TarnofskyNYSDChambers@nysd.uscourts.gov.
J) ECF. All counsel are required to register promptly as ECF filers and to enter an appearance in the case. The pertinent instructions are available on the Court website, at https://www.nysd.uscourts.gov/electronic-case-filing. 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 questions about ECF rules and procedures, please contact the ECF help desk at (212) 805-0800 K) FOR ALL TELEPHONE PROCEEDINGS IN CIVIL MATTERS, CHECK THE DOCKET ENTRY FOR THE PHONE NUMBER AND ACCESS CODE. If the proceeding is not open to the public (e.g., a settlement conference), Judge Tarnofsky’s Courtroom Deputy will provide the video conference details to the participants. L) Pro Se Parties.
i) By Standing Order, all communications from a pro se party to the Court must either be physically delivered to the Pro Se Intake Unit located at 500 Pearl Street, Room 230, New York, NY 10007, either by mail or hand delivery, or emailed to ProSe@nysd.uscourts.gov. If emailing, the pro se party must include the docket number of the case in the re: line, and any attachment must be in PDF format. Further instructions for emailing submissions are available at
https://nysd.uscourts.gov/node/846. Settlement conference submissions and in camera submissions may be hand-delivered to Court Security Officers at the Worth street entrance of 500 Pearl Street, mailed to Chambers or emailed to TarnofskyNYSDChambers@nysd.uscourts.gov. No other materials may be sent directly to Chambers, and pro se parties may not call Chambers without prior permission from the Court.
ii) Unless the Court orders otherwise, all communications from pro se litigants 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 (for example, if there is another pro se party in the case), the pro se party making the submission must send copies to the other party and include proof of service affirming that he or she has done so. Copies of correspondence between a pro se party and opposing parties or counsel and discovery requests and responses shall not be provided to the Court (except as exhibits to an otherwise properly filed document).
iii) Any nonincarcerated pro se party who wishes to participate in ECF must file a Motion for Permission for Electronic Case Filing, available in the Pro Se Intake unit or at https://nysd.uscourts.gov/node/844. Any nonincarcerated pro se party who wishes to receive documents in their case by email instead of regular mail may consent to electronic service by filing a Pro Se (Nonprisoner) Consent & Registration Form to Receive Documents Electronically, available from the Pro Se Intake Unit or at https://nysd.uscourts.gov/node/845.
iv) If a pro se litigant has questions about these Individual Rules or any other procedural matters, they should contact the Court’s Pro Se Intake Unit at (212) 805-0175, or the independent Legal Assistance Clinic at (212) 382-4794.The Clinic may be able to provide a pro se party with advice in connection with their case. The Legal Assistance Clinic is run by a private organization called the City Bar Justice Center.

The Clinic 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 by email (ProSe@nysd.uscourts.gov) or by mail or hand delivery (Pro Se Intake Unit, 500 Pearl Street, Room 205, New York, NY 10007). If a pro se litigant would like legal assistance, they should complete the City Bar Justice Center’s intake form (available at https://www.nysd.uscourts.gov/attorney/legal-assistance) to make an appointment. If a pro se 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 are available Monday through Thursday from 10:00 a.m. to 4:00 p.m. Appointments are also available remotely Monday through Friday from 10:00 a.m. to 4:00 p.m. II. Pre-Trial Practice. A) Initial Case Management Conference. Before the Initial Case Management Conference, parties must meet and confer on a discovery plan. The parties should cover, as appropriate, the topics contained in the Court’s Discussion Topics for Rule 26(f) Conference, available at https://nysd.uscourts.gov/hon-robyn-f-tarnofsky. One week before the scheduled conference, the parties shall file on ECF Proposed Case Management Plan and Report on Rule 26(f) Meeting. The parties should use the template form Proposed Case Management Plan and Report on Rule 26(f) Meeting, which is available at https://nysd.uscourts.gov/hon-robyn-f-tarnofsky.
If the parties agree on a schedule that calls for the close of all discovery within six months and have no issues to raise with the Court, the parties may, if they wish, request in their Proposed Civil Case Management Plan and Scheduling Order that the initial case management conference be canceled. The Court will ordinarily grant such requests.

Attendance at ICMC. Lead counsel for the parties are expected to attend the Initial Case Management Conference. Reasonable accommodations will be made for parties or their counsel who cannot attend in person on account of disability. Additionally, an incarcerated party who is unable to attend this or other conferences may be able to participate by telephone or video. If appropriate, the Court’s scheduling order will outline the procedures for participation by telephone or video.
B) Case Management Conferences. The Court holds regular case management conferences. Counsel are expected to be prepared for such conferences and ready to discuss the status of discovery, the potential for settlement, and any other relevant issue. In some cases, the Court may require a joint pre-conference agenda letter filed a week in advance of a conference unless otherwise specified or permitted by the Court.
Junior members of legal teams representing clients are invited to address the Court at case management conferences. Firms are encouraged to provide this opportunity to

junior attorneys for training purposes. This Court is amenable to permitting different lawyers on a team to speak on different issues if this creates an opportunity for a junior lawyer to participate.
C) Discovery. Parties shall keep in mind Rule 1 of the Federal Rules of Civil Procedure, which requires the Court and the parties to construe, administer, and employ the rules of procedure to secure the just, speedy, and inexpensive determination of every action. Parties also shall keep in mind Rule 26(b)(1) of the Federal Rules of Civil Procedure, which provides that “[p]arties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit.” The procedure for raising a discovery dispute with the Court is set out in Section III(B) below. D) Confidentiality Stipulations and Orders. In cases where confidential information will be exchanged, the parties must utilize the Court’s Confidentiality Stipulation and Proposed Protective Order found at https://nysd.uscourts.gov/hon-robyn-f-tarnofsky; provided, however, the parties may apply for a protective order that differs from the Court’s model by submitting a letter request via ECF and attaching the proposed order showing in a blackline comparison how the proposed order differs from the Court’s model. The letter should explain why the modifications are needed and note any disagreements between the parties regarding the modifications from the Court’s model.
E) Electronic Discovery. The parties are expected to review Judge Tarnofsky’s Discussion Topics for Rule 26(f) Meeting found at https://nysd.uscourts.gov/hon-robyn-f-tarnofsky.
F) Remote Depositions. A model form for the conduct of remote depositions can be found at https://nysd.uscourts.gov/hon-robyn-f-tarnofsky.
G) Telephonic and Video Conferences. The Court is conducting most proceedings by telephone. The Court, in its discretion, may schedule or permit video conferences.
III. Formal Motions.
A) Conferences of Counsel Before Filing Motions Under Rule 12(b) or (c). Except in cases involving pro se parties, if a motion pursuant to Fed. R. Civ. P. 12(b) or 12(c) is contemplated, the plaintiff or counterclaimant must indicate whether it wishes to amend the subject pleading before motion practice, and the parties must consider in good faith a stipulation permitting such amendment. If the parties are unable to reach a resolution, counsel for the moving party shall include the following statement in the notice of motion: “This motion is made following the conference of counsel, which took place on [date]. Plaintiff [or Counter Claimant] declined an opportunity to amend.”

B) Pre-Motion Conferences and Discovery Disputes. A pre-motion conference is not required for any motion except motions seeking relief in connection with discovery disputes (that is, any dispute arising under Rules 26 through 37 or Rule 45 of the Federal Rules of Civil Procedure. This provision applies to both parties and non-parties (for example, those served with a subpoena pursuant to Rule 45). Parties or non-parties seeking to raise a discovery dispute with the Court shall follow Local Rule 37.2 with the following modifications. The party or non-party must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. An exchange of emails or letters is not sufficient to meet this obligation. If this meet-and-confer process does not resolve the dispute, the party may submit an ECF letter-motion to the Court or, if applicable, to the Pro Se Intake Unit explaining the nature of the dispute and requesting a conference. Such letter-motion must include a representation that the meet-and-confer process occurred and state when it occurred. Any responsive letter should be submitted within 3 business days after submission of the letter-motion. The parties’ filings should address Rules 1 and 26(b)(1) of the Federal Rules of Civil Procedure to the extent applicable. The Court will try to resolve the issue during a conference without the need for formal briefing. However, if formal briefing is required, the Court will set a schedule for such briefing at the conference.
C) Letter-Motions. Unless the Court has ordered or approved otherwise, any opposition to a letter-motion, shall be filed within three business days of the moving letter, and any reply shall be filed within one business day of the opposition. The parties may agree to a different briefing schedule, but they must request the Court’s approval of their alternate schedule, either in the moving letter or as soon as agreement is reached. The Court must approve the alternate schedule. Otherwise, the parties must adhere to the schedule as enumerated in these Individual Rules. If the letter-motion requests emergency or expedited relief, opposing counsel is advised to file any opposition as promptly as possible. D) Memoranda of Law.

1. Briefing Schedule. Unless the Court has ordered or approved otherwise, opposition and reply papers with respect to formal motions will be due in accordance with Local Civil Rule 6.1. The parties are strongly encouraged to agree on a reasonable briefing schedule before the moving papers are filed. If the parties have agreed to such a schedule, they must request the Court’s approval of their schedule, either in the moving party’s notice of motion or by letter-motion as soon as agreement is reached. Should the parties thereafter agree to modify their briefing schedule, they must promptly request that the Court approve the new schedule by letter-motion. The Court must approve the alternate or new briefing schedule; otherwise, the parties must adhere to the schedule as set out in Local Civil Rule 6.1.

2. Memoranda. The typeface, margins and spacing of motion papers must conform to Local Civil Rule 11.1. Memoranda of 10 pages or more, filed by parties who have lawyers, shall contain a table of contents and a table of authorities. Sur-reply memoranda will not be accepted without prior permission of the Court. All moving papers, letter-motions, and letters filed on ECF or emailed to chambers must be in searchable PDF form. Additionally, to the extent citing unreported cases, parties are requested to use Westlaw citations whenever possible. E) Redactions and Filing Under Seal. All Confidential Materials filed with the Court may be redacted or filed under seal only as the Court directs upon appropriate application by either party or as required by Federal Rule of Civil Procedure 5.2, which describes sensitive information that must be redacted from public court filings.

To avoid the unnecessary filing of documents under seal, counsel for the parties will discuss, in good faith, the need to file Confidential Materials under seal. If the parties agree in writing that a particular document that has been designated Confidential Material shall not be filed under seal, that document can be filed without redaction and such filing will not be a breach of any Stipulation of Confidentiality.

Any party wishing to file in redacted form any pleading, motion, memorandum, exhibit, or other document, or any portion thereof, based on a party’s designation of information as Confidential, must make a specific request to the Court by letter motion explaining the reasons for seeking to file that submission under seal and addressing the request in light of the Court of Appeals’ opinions in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) and Bernstein v. Bernstein Litowitz Berger & Grossman LLP, 814 F.3d 132 (2d Cir. 2016).

If a request for redactions is based on another party’s designation of information as Confidential, the parties shall confer and jointly submit the request for redactions.

Letter-Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court’s ECF system in conformity with the court’s standing order, 19-mc-00583, and ECF Rules & Instructions, section 6. The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal. Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information to be filed under seal. The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion. The summary docket text, but not the sealed document, will be open to public inspection and should not include confidential information sought to be filed under seal.

Where the motion seeks approval to redact information from a document that is to be

publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.

A pro se litigant who is unable to comply with the requirement for electronic filing under seal through the ECF system shall mail or hand-deliver to the Pro Se Intake Unit a submission containing (a) the letter-motion requesting sealing and (b) the proposed sealed document, which shall be enclosed in a separate sealed envelope that is clearly marked “Document To Be Filed Under Seal.”

If the Court approves the filing under seal, no further submissions shall be required. If the Court denies, in part, the motion for filing under seal, the party who made the submission shall be required to refile the document with modified redactions as directed by the Court. The Court will file under seal any clean and unredacted pages for which the Court has approved redactions.
F) Oral Argument on Motions. Parties may request oral argument when the motion has been fully briefed. This request should be made by letter in accordance with the procedures set forth in Section I(A) above.

For training purposes, firms are encouraged to permit junior members of legal teams representing clients to argue motions they have helped prepare. This Court is amenable to permitting a number of lawyers to argue for one party if this creates an opportunity for a junior lawyer to participate.
G) Proposed Stipulations and Orders. Except as otherwise provided above, parties should file proposed stipulations and orders they wish the Court to sign on ECF, in accordance with the ECF Rules and Instructions. Pro se litigants should file proposed stipulations and orders they wish the Court to sign with the Pro Se Intake Unit in accordance with the procedures contained in Section I(L) above. H) Nothing in these Individual Practices supersedes a specific time period for filing a motion specified by statute or Federal Rule – including but not limited to Fed. R. Civ. P 50, 52, 54, 59, and 60, and Fed. R. App. P. 4 – where failure to comply with the specified time period could result in forfeiture of a substantive right.
IV. Pretrial Procedures for Consent Cases. A) Applicability. The procedures set out below apply only to cases in which the parties have consented pursuant to 28 U.S.C. § 636(c) to have all proceedings, including trial, occur before Judge Tarnofsky. B) Pretrial Disclosure. The parties are reminded of their obligations to make certain disclosures regarding expert testimony pursuant to Federal Rule of Civil Procedure

26(a)(2) and to make disclosures regarding evidence that may be presented at trial pursuant to Federal Rule of Civil Procedure 26(a)(3). Failure to comply with these requirements may result in preclusion or other sanctions. C) Joint Pretrial Orders. After the close of discovery, the Court will file a Scheduling Order scheduling a pre-trial conference and containing instructions for the parties’ Proposed Joint Pretrial Order. In general, except in pro se cases, a Joint Pretrial Order shall include, as applicable:

1. the full caption of the action;

2. the name, address, telephone number and email of each principal member of the trial team, and an identification of each party’s lead trial counsel;

3. a list of each claim and defense that will be tried and identification of the governing law (including applicable regulations) governing each such claim and defense;

4. if applicable, a list of any claims and defenses asserted in the pleadings that are not to be tried;

5. a list by each party of its trial witnesses that it, in good faith, expects to present, with an indication of whether the witnesses will testify in person or by deposition and the general subject area of the witness’s testimony and anticipated length of time needed for witness;

6. a statement as to how and when the parties will give notice to each other of the order of their trial witnesses and, if the parties cannot agree, the parties statement that they will agree to the Court’s default rule for trials of this length (i.e., that the parties shall advise each other by no later than 48 hours before the start of trial as to the order of their witnesses);

7. a list by each party of exhibits that it, in good faith, expects to offer in its case in chief, together with any specific objections thereto;

8. all stipulations or statements of fact or law on which the parties have agreed;

9. a proposed schedule by which the parties will exchange demonstratives that the parties intend to use at trial, notify each other of any objections thereto, consult with each other regarding those objections and notify the Court of any remaining disputes;

10. proposed voir dire questions;

11. proposed jury instructions;

12. proposed verdict sheet; and

13. all other matters that the Court may have ordered or that the parties believe are important to the efficient conduct of the trial, such as bifurcation or sequencing of issues to be tried, anticipated in limine motions, and technology needed for trial. D) Courtesy Copies. The parties shall each send a courtesy copy of all exhibits, pre-marked, to TarnofskyNYSDChambers@nysd.uscourts.gov. Exhibits should not be filed electronically on ECF. The parties shall also each submit one hard copy of the pre- marked exhibits in a well-organized three-ring binder separated by tab dividers.
    E) Pro Se Cases. In pro se cases, no Joint Pretrial Order is required. Instead, within 30 days after the completion of discovery each party shall file its own Pretrial Statement. The pro se party’s Pretrial Statement does not need to take any particular form, but it must be concise and contain: (1) a statement of the facts the party hopes to prove at trial; (2) a list of all documents or other physical objects that the party plans to put into evidence at trial; and (3) a list of the names and addresses of all witnesses the party intends to have testify at trial. The Statement must be sworn by the party to be true and accurate based on the facts known by the party. The party must file an original Statement with the Pro Se Intake Unit in a manner specified in Section I(L) above and send a copy to all other parties or their counsel if represented. The original Pretrial Statement must indicate the date a copy was mailed to the other party or parties or their attorney or attorneys.
    V. Settlement Conferences

The Court believes the parties should fully explore settlement at the earliest practical opportunity. Early consideration of settlement allows the parties to avoid the substantial cost, expenditure of time and uncertainty that are typically a part of the litigation process. Even for those cases that cannot be resolved, early consideration of settlement can provide the parties with a better understanding of the factual and legal nature of their dispute and streamline the issues to be litigated.

The following are the procedures applicable to Settlement Conferences: A) Confidentiality. All settlement conferences are “off the record” and strictly confidential.
No communications relating to settlement may be used in discovery and will be
in-admissible at trial. Parties may sign the confidentiality agreement on the day of the settlement conference, if it is held in-person at the courthouse. Parties attending a virtual settlement conference must email the confidentiality agreement to TarnofskyNYSDChambers@nysd.uscourts.gov at least one day before the conference is held. The confidentiality agreement is available at https://nysd.uscourts.gov/hon-robyn- f-tarnofsky. B) Magistrate Judge’s Role. The magistrate judge functions as a mediator, attempting to help the parties reach a settlement.

C) Pre-Conference Telephone Call. The Court may schedule a telephone call with the parties prior to the conference to discuss issues pertinent to the conference, after which a settlement conference will be scheduled. D) Exchange of Demand/Offer. If the plaintiff has not already made a settlement demand, such a demand shall be communicated to the opposing party no later than 14 days prior to the conference. If it has not already done so, the opposing party shall respond to any demand no later than seven days prior to the conference. If a defendant intends to claim that its financial situation is relevant to any settlement offer (either based on the amount offered or a proposal to pay any portion in more than 30 days), the defendant shall inform the plaintiff of this fact no later than 14 days prior to the conference. The parties shall then discuss whether the plaintiff seeks proof of the defendant’s claimed financial hardship and whether the defendant is willing to provide such proof, which must be provided no later than five days before the conference. E) Ex Parte Settlement Conference Summary Form and Letter. Unless otherwise directed by the Court, no later than five days before the Settlement Conference, each party must complete the Court’s Ex Parte Settlement Conference Summary Form found at https://nysd.uscourts.gov/hon-robyn-f-tarnofsky. Each party also must provide the Court with an ex parte letter summarizing the issues in the case, the settlement value of the case and rationale for it, case law authority relevant to settlement discussions, and any other facts that would be helpful to the Court in preparation for the conference, including, if applicable, any discussions about the defendant’s financial condition held under Section V(D) above. Parties may attach exhibits to their letters to the extent they believe the exhibits would aid settlement discussions. The Ex Parte Settlement Conference Summary Form and letter should be emailed to TarnofskyNYSDChambers@nysd.uscourts.gov. Please do not send courtesy copies of exhibits to Chambers. F) Attendance. The parties – not just the attorneys – must attend the Settlement Conference in person. In the event personal attendance is a hardship, a party may make a written request no later than one week in advance of the conference to attend by phone or video conference. Corporate parties or labor unions must send the person with decision-making authority to settle the matter to the conference. Where liability insurance is involved, a decision-making representative of each carrier must attend unless specifically excused by the Court. Where any government agency is a party, counsel of record must be accompanied by a knowledgeable representative from the agency. In addition, in cases where the Comptroller of the City of New York has authority over settlement, the Assistant Corporation Counsel must make arrangements in advance of the conference for a representative of the Comptroller either to attend the conference or to be available by telephone to approve any proposed settlement. If a party believes that the individuals scheduled to attend the conference on behalf of the opposing party do not comply with these requirements, that party shall immediately

confer with the opposing party and inform the Court by letter promptly if no resolution is reached. G) Interpreters. Each party must supply its own simultaneous interpreter, if needed. H) Consequences of Non-Compliance with Attendance Requirement. If a party fails to comply with the attendance requirements, that party may be required to reimburse all the other parties for their time and travel expenses and may face other sanctions.
I) Conference Location. Unless advised otherwise by the Court, the conference will take place in Courtroom 9B at 500 Pearl Street.
J) Procedures at the Settlement Conference:

1. Counsel for each party should be prepared to make a brief statement in the presence of all parties and the Court summarizing the issues counsel believes are important for the opposing party to consider in formulating a settlement position. In its discretion, the Court may decide to forgo such statements. After the initial statements, counsel may have their clients speak.
2. Following the opening statements, the Court will meet separately with each side in private. In these sessions, the parties and their counsel must be prepared to inform the Court of the amount of attorneys’ fees and expenses incurred to date and an estimate of the remaining costs of litigating the case to judgment.

K) Effect on Deadlines: The scheduling of a settlement conference has no effect on any deadlines or other pending obligations in an action. L) Adjournments: If counsel becomes aware of the need for an adjournment of the date of a settlement conference, they must promptly make an application for an adjournment. If the application is made 7 days after the settlement scheduling order, no cause need to be provided. Otherwise, counsel must provide the reasons for seeking the adjournment. The parties should always seek an adjournment if they identify discovery or exchange of information that would make the conference more fruitful. To seek a new date, counsel seeking the adjournment must consult with all other counsel about their availability and that of their clients and insurers and should then email TarnofskyNYSDChambers@nysd.uscourts.gov with at least three proposed new dates. The conference date will not be deemed changed until the Court has issued an order setting the new date or adjourning the conference sine die. M) Notification of Settlement: If the parties reach a settlement after a settlement conference has taken place, or while a motion is pending, or shortly before a scheduled conference or hearing, they must promptly so advise the Court, by letter, in order to avoid unnecessary expenditure of judicial resources.

Proposed Case Management Plan and Report of Rule 26(f) Conference

Revised April 18, 2024 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK X Plainiff(s), -against- Civ. _______( ) (RFT) PROPOSED CASE MANAGEMENT PLAN AND REPORT OF RULE 26(f) CONFERENCE Defendant(s). X Court Expectations Rule 1 and Rule 26(b)(1). Counsel are expected to have reviewed Rule 1 and Rule 26(b)(1) and considered their obligations thereunder in discussing and preparing a discovery plan. Additional consideration of proportionality. Counsel shall discuss and consider whether phased or iterative discovery will increase efficiency, reduce costs and lead to a faster resolution of the case when preparing a discovery plan. Document Requests. Counsel shall be fully familiar with their obligations under Rules 34 and 26(g) and consider and discuss ways to ensure compliance and minimize disputes regarding overbreadth and specificity of requests and responses. Competence. Counsel shall be sufficiently knowledgeable in matters relating to their clients’ technological systems to discuss competently issues relating to electronic discovery, or have involved someone competent to address these issues on their behalf. Counsel are directed to the Discussion Topics for Rule 26(f) Conference on Judge Tarnofsky’s Individual Practices Page. Status Update Letters. After paper discovery is underway and again after the deadline for completing all discovery, on dates set by the court, the parties shall file status letters to confirm that discovery is proceeding as scheduled/is complete. Counsel represent by their signature below that they have read and will comply with the above.

Revised April 18, 2024 Proposed Discovery Plan In accordance with Federal Rule of Civil Procedure 26(f) and Judge Tarnofsky’s Individual Rules, the parties met on
_ (at least one week before the Initial Case Management Conference) and are exchanging communications thereafter. At least one week before the Initial Case Management Conference, the parties submit the following report for the Court’s consideration: 1. Summary of Claims, Defenses, and Relevant Issues Plaintiff: Defendant: 2. Basis of Subject Matter Jurisdiction 3. Subjects on Which Discovery May Be Needed Plaintiff(s):

Revised April 18, 2024 Defendant(s): 4. Informal Disclosures The information required by Rule 26(a)(1) of the Federal Rules of Civil Procedure was disclosed by Plaintiff(s) on
. In addition, on , Plaintiff(s) produced/will produce an initial set of relevant documents identified in its Initial Disclosures and will continue to supplement its production. The information required by Rule 26(a)(1) of the Federal Rules of Civil Procedure was disclosed by Defendant(s) on
. In addition, on
, Defendant(s) produced/will produce an initial set of relevant documents identified in its Initial Disclosures and will continue to supplement its production. 5. Formal Discovery The parties jointly propose to the Court the following discovery plan: All fact discovery must be completed by ____________. If the parties agree on a schedule that calls for the close of all discovery within four to six months, and the Proposed Case Management Plan meets that goal, then the Court is likely to cancel the initial Case Management Conference unless the parties request that the conference go forward.

Revised April 18, 2024 The parties are to conduct discovery in accordance with the Federal Rules of Civil Procedure and the Local Rules of the Southern District of New York. The following interim deadlines may be extended by the parties on consent without application to the Court, provided that the parties meet the deadline for completing fact discovery set forth herein. a. Depositions: Depositions shall be completed by
and limited to no more than depositions per party. Absent an agreement between the parties or an order from the Court, non-party depositions shall follow initial party depositions. b. Interrogatories: Initial sets of interrogatories shall be served on or before . All subsequent interrogatories must be served no later than 30 days prior to the discovery deadline. c. Requests for Admission: Requests for admission must be served on or before . d. Requests for Production: Initial requests for production were/will be exchanged on
and responses shall be due on
. All subsequent requests for production must be served no later than 30 days prior to the discovery deadline. e. Supplementation: Supplementations under Rule 26(e) must be made within a reasonable period of time after discovery of such information. 6. Anticipated Discovery Disputes Are there any anticipated discovery disputes? Does either party seek limitations on discovery? Describe. 7. The parties shall file an update on the status of discovery on [the following dates]:

Such update shall include: ______________________________________________.

Revised April 18, 2024 8. Amendments to Pleadings a. Are there any amendments to pleadings anticipated? b. Last date to amend the Complaint: 9. Joinder of Parties c. Are there other necessary parties that need to be joined? Y/N d. Is joinder of other parties anticipated? . e. Last date to join other parties: . 10. Expert Witness Disclosures At this time, the parties do/do not (circle one) anticipate utilizing experts. Expert discovery shall be completed by
. 11. Electronic Discovery and Preservation of Documents and Information f. Have the parties discussed electronic discovery? . g. Is there an electronic discovery protocol in place? If not, when the parties except to have one in place?
. h. Are there issues the parties would like to address concerning preservation of evidence and/or electronic discovery at the Initial Case Management Conference? 12. Anticipated Motions 13. Certification of Completion of Discovery One week before the scheduled completion of all discovery, the parties shall file a status letter to confirm that discovery has been completed as scheduled.

Revised April 18, 2024 14. Early Settlement or Resolution The parties have/have not (circle one) discussed the possibility of settlement. The parties request a settlement conference/referral to Court-annexed mediation (circle one); by no later than
. The following information is needed before settlement can be discussed: 15. Trial a. The parties anticipate that this case will be ready for trial by . b. The parties anticipate that the trial of this case will require days. c. The parties request a jury/bench (circle one) trial. d. The parties consent/do not consent (circle one) to Magistrate Judge jurisdiction at this time. 16. Other Matters The parties are advised that they may consent to Magistrate Judge jurisdiction at any time during the case pursuant to 28 USC § 636(c). To consent to Magistrate Judge jurisdiction for all purposes or specific dispositive motions, please utilize the consent form on Judge Tarnofsky’s Individual Practices Webpage. Respectfully submitted this day of , 20 . Counsel for Plaintiff(s) Counsel for Defendant(s)

Discussion Topics for Rule 26(f) Conference

Revised December 05, 2023 Page 1 of 9

DISCUSSION TOPICS FOR RULE 26(f) CONFERENCE:

Court ExpectaƟons:

1. Competence. Counsel shall be sufficiently knowledgeable in maters relaƟng to their clients’ technological systems to discuss competently issues relaƟng to electronic discovery, or have involved someone competent to address these issues on their behalf.

2. Rule 1 and Rue 26(b)(1). Counsel are expected to have reviewed Rule 1 and Rule 26(b)(1) and considered their obligaƟons thereunder in discussing and preparing a discovery plan.

3. AddiƟonal consideraƟon of proporƟonality. Counsel shall discuss and consider whether phased or iteraƟve discovery will increase efficiency, reduce costs and lead to a faster resoluƟon of the case when preparing a discovery plan.

4. Document Requests. Counsel shall be fully familiar with their obligaƟons under Rules 34 and 26(g) and consider and discuss ways to ensure compliance and minimize disputes regarding overbreadth and specificity of requests and responses.

5. Preliminary InvesƟgaƟon by Counsel. Counsel for the parƟes are expected to speak with clients/key witnesses and data managers at the earliest Ɵme possible in the case to idenƟfy how the witnesses communicated with others and/or recorded informaƟon on relevant topics (e.g., text, phone, in-person meeƟngs, instant messaging, video conferences/skype, web-based conferences, wikis, email, power points, blogs, social media, other applicaƟons) and where the clients/witnesses maintain documents on topics relevant to the liƟgaƟon (e.g., personal mobile devices and social media accounts, external vendor’s servers, internal servers and databases). This invesƟgaƟon is required in order to determine the most efficient way to collect and exchange relevant informaƟon.

Topics for Discussion/ ConsideraƟon:

1. Efficient/Economic Management of Case. a) Appropriateness of IniƟal Disclosures pursuant to Rule 26(a)(1). Is there some readily idenƟfiable document or category of documents that should be produced immediately in lieu of iniƟal disclosures?

b) Possibility of a stay or limitaƟon of discovery pending a disposiƟve moƟon.

c) Phased discovery – is it appropriate? (e.g., should expert discovery follow summary judgment pracƟce?)

d) Proposed discovery limitaƟons (e.g., waiver of interrogatories, requests for admission expert deposiƟons, limited number of deposiƟons)

Revised December 05, 2023 Page 2 of 9

e) PreservaƟon deposiƟons and/or deposiƟons on data sources

f) Foreign discovery and issues anƟcipated

g) Non-party discovery

h) Issues to be tried, including ways in which issues can be narrowed to make trial more meaningful and efficient, as well as whether there are certain issues as to which a mini-trial would be helpful

i) BifurcaƟon

j) Class/collecƟve cerƟficaƟon issues

k) Damages discovery and whether experts are needed

l) Insurance coverage

2. PreservaƟon of InformaƟon. (Universe of documents to be preserved may be broader than universe of documents to be searched in appropriate cases and as part of a phased discovery process.) a) Discuss the obligaƟon to preserve potenƟally relevant electronically stored informaƟon and agree to the following scope and methods for preservaƟon, including but not limited to: retenƟon of electronic data and implementaƟon of a data preservaƟon plan; idenƟficaƟon of potenƟally relevant data; disclosure of the programs and manner in which the data is maintained; idenƟficaƟon of computer system(s) uƟlized; and idenƟficaƟon of the individual(s) responsible for data preservaƟon, etc.

PlainƟff(s) are preserving the following data (email, databases, text messages on mobile devices, video, phone messages, photographs, communicaƟons and posƟng on websites or social media (e.g., Facebook, LinkedIn, Twiter, Instagram), communicaƟons via applicaƟons (e.g., What’s App, Snap Chat, etc.):

Defendant(s) are preserving the following data (email, databases, text messages on mobile devices, video, phone messages, photographs, communicaƟons and posƟng

Revised December 05, 2023 Page 3 of 9

on websites or social media (e.g., Facebook, LinkedIn, Twiter, Instagram), communicaƟons via applicaƟons (e.g., What’s App, Snap Chat, etc.):

b) Discuss the extent to which the parƟes have disclosed or have agreed to disclose the dates, contents, and/or recipients of “liƟgaƟon hold” communicaƟons.

c) AnƟcipated need for judicial intervenƟon regarding the following issues concerning the duty to preserve, the scope, or the method(s) of preserving electronically stored InformaƟon:

3. ProducƟon. a) Source(s) of Hard Copy Documents and Method for producing such documents (e.g., exchange of paper copies, scans of documents into scannable PDF format).

b) Source(s) of Electronically Stored InformaƟon. The parƟes anƟcipate that discovery may occur from one or more of the following potenƟal source(s) of electronically stored informaƟon (e.g., email, word processing documents, spreadsheets, presentaƟons, databases, instant messages, web sites, blogs, social media,

Revised December 05, 2023 Page 4 of 9

ephemeral data, etc.):

PlainƟff(s) custodians and/or databases:

Defendant(s) custodians and/or databases:

c) Form(s) of ProducƟon: (1) Documents will be produced in the following formats with the following metadata:

(2) ExcepƟons to the form(s) of producƟon indicated above (e.g., word processing documents in TIFF with load files, but spreadsheets in naƟve form):

(3) AnƟcipated need for judicial intervenƟon regarding the following issues concerning the form(s) of producƟon:

Revised December 05, 2023 Page 5 of 9

4. Search and Review. a) LimitaƟons on ProducƟon. Factors relaƟng to the scope of producƟon, including but not limited to: (i) number of custodians; (ii) idenƟty of custodians; (iii) date ranges for which potenƟally relevant data will be drawn; (iv) locaƟons of data (including subject mater files and folders maintained by key custodians); (v) Ɵming of producƟons (including phased discovery or rolling producƟons); and (vi) electronically stored informaƟon in the custody or control of non-parƟes. To the extent the parƟes have reached agreements related to any of these factors, describe below:

(1) PlainƟff(s) custodians and date range(s):

(2) Defendant(s) custodians and date range(s):

(3) LimitaƟons on number of custodians:

(4) Non-party custodians of data and whether subpoenas are contemplated and/or authorizaƟons needed:

Revised December 05, 2023 Page 6 of 9

(5) Timing of Review and ProducƟon: Priority of custodian review (i.e., should certain custodians’ records be reviewed before others?) and Ɵming for producƟon (including rolling producƟon schedule):

[The parƟes are reminded that discovery is iteraƟve and that producing parƟes have an obligaƟon to supplement producƟon]

b) Methodologies or protocols for the search and review of electronically stored informaƟon, as well as the disclosure of techniques to be used/level of transparency. Some of the approaches that may be considered include: the use and exchange of keyword search lists, “hit reports,” and/or responsiveness rates; concept search; machine learning, or other advanced analyƟcal tools; limitaƟons on the fields or file types to be searched; date restricƟons; limitaƟons on whether back-up, archival, legacy, or deleted electronically stored informaƟon will be searched; tesƟng; sampling; etc. To the extent the parƟes have reached agreement as to search and review methods, provide details below:

(1) Search terms (if they will be used for collecƟons, culling or otherwise) (search terms may not be appropriate for documents pulled from certain custodians/sources): PlainƟff(s):

Defendant(s):

Revised December 05, 2023 Page 7 of 9

(2) Methods to increase efficiency and reduce costs in connecƟon with document review and producƟon (e.g., de-duplicaƟon, idenƟficaƟon of near duplicates, domain limitaƟons, deNISTing, file types excluded, filtering, email threading and e-mail thread reducƟon (isolaƟng only the all-inclusive e-mails for review), clustering similar types of documents for review, prioriƟzaƟon and predicƟve coding (finding potenƟally relevant documents based on a "sample set").

(3) Are there any sƟpulaƟons that the parƟes can enter into that would reduce the scope of discovery needed? If so, when will the parƟes finalize the sƟpulaƟon(s)?

c) Privacy and Secure Storage of Data. Are there special privacy concerns (protected health and geneƟc informaƟon, financial informaƟon, other special privacy concerns) and/or privacy laws perƟnent to the informaƟon to be exchanged (e.g. GDPR)? Have Counsel considered and discussed secure transfer and storage of data (use of encrypƟon, secure FTP sites, etc.)?

d) AnƟcipated need for judicial intervenƟon regarding the following issues concerning the search and review of electronically stored informaƟon:

5. ConfidenƟality. Is a sƟpulaƟon and order of confidenƟality needed? [The parƟes are directed to Judge Tarnofsky’s model form].

6. Privileged Material.
   a) IdenƟficaƟon. The parƟes have agreed to the following method(s) for the idenƟficaƟon (including the categorical logging; a combinaƟon of categorical and document by document logging; the disclosure of the number of documents withheld; producƟon of metadata list with some combinaƟon of the above; exclusion of certain documents or domain communicaƟons from privilege logging altogether), and the redacƟon of privileged documents:

Revised December 05, 2023 Page 8 of 9

b) Inadvertent ProducƟon / Claw-Back Agreements. Pursuant to Fed R. Civ. Proc. 26(b)(5) and F.R.E. 502(e), the parƟes have agreed to the following concerning the inadvertent producƟon of privileged documents (e.g. “quick- peek” agreements, on- site examinaƟons, non-waiver agreements or orders pursuant to F.R.E. 502(d), etc.)
[The parƟes may propose a claw-back to include in Judge Tarnofsky’s Model ProtecƟve Order]:

[The parƟes are advised that Judge Tarnofsky has a form 502(d) Order incorporated into her model ConfidenƟality SƟpulaƟon and Order located on the SDNY Individual PracƟces webpage. The parƟes also are advised that to the extent there is a dispute about privilege, the Court expects that privilege log to be submited in excel format with hyperlinks to any in camera documents for review and columns addressing author, recipients, atorney designaƟons, privilege asserted, subject mater of communicaƟon, explanaƟon for privilege.]

c) Date(s) for producƟon of privilege logs (The Court’s preference is that privilege logs be produced simultaneously or within a week of each producƟon tranche):

d) Cost of ProducƟon. The parƟes have analyzed their client’s data repositories and have esƟmated the costs associated with the producƟon of electronically stored informaƟon. The factors and components underlying these costs are esƟmated as follows: (1) Costs:
PlainƟff(s):

Revised December 05, 2023 Page 9 of 9

Defendant(s):

(2) Cost AllocaƟon. The parƟes have considered cost-shiŌing or cost-sharing and have reached the following agreements, if any:

(3) Cost Savings. The parƟes have considered cost-saving measures, such as the use of a common electronic discovery vendor or a shared document repository, and have reached the following agreements, if any:

7. AuthenƟcity. The parƟes have discussed and considered ways to authenƟcate documents and sƟpulaƟons regarding same to minimize disputes and costs.

8. AddiƟonal Unresolved Issues Needing Court IntervenƟon:

Confidentiality Stipulation and Proposed Protective Order

Revised December 04, 2023 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------X

PlainƟff(s), -against-

Defendant(s). -----------------------------------------------------------X

___ Civ. _______ (_____) (RFT)

CONFIDENTIALITY STIPULATION AND PROPOSED PROTECTIVE ORDER

WHEREAS, the parties having agreed to the following terms of confidentiality, and the Court having found that good cause exists for the issuance of an appropriately tailored confidentiality order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, it is hereby ORDERED that the following restrictions and procedures shall apply to the information and documents exchanged by the parties in connection with the pre-trial phase of this action: 1. Counsel for any party may designate any document or information, in whole or in part, as confidential if counsel determines, in good faith, that such designation is necessary to protect the interests of the client in information that is proprietary, a trade secret, or otherwise sensitive non-public information (“Confidential Information”). Information and documents designated by a party as confidential will be stamped “CONFIDENTIAL.” 2. The Confidential Information disclosed will be held and used by the person receiving such information solely for use in connection with the action. 3. In the event a party challenges another party’s designation of confidentiality, counsel shall make a good faith effort to resolve the dispute, and in the absence of a resolution, the challenging party may seek resolution by the Court. Nothing in this Protective Order constitutes an admission by any party that Confidential Information disclosed in this

• 2 -

case is relevant or admissible. Each party reserves the right to object to the use or admissibility of the Confidential Information. 4. Documents designated as “CONFIDENTIAL” shall not be disclosed to any person, except: a. The requesting party and counsel, including in-house counsel; b. Employees of such counsel assigned to and necessary to assist in the litigation; c. Consultants or experts assisting in the prosecution or defense of the matter, to the extent deemed necessary by counsel; and d. The Court (including the mediator, or other person having access to any Confidential Information by virtue of his or her position with the Court). The parties should meet and confer if any production requires a designation of “For Attorneys’ or Experts’ Eyes Only.” 5. Prior to disclosing or displaying the Confidential Information to any person, counsel must: a. Inform the person of the confidential nature of the information or documents; b. Inform the person that this Court has enjoined the use of the information or documents by him/her for any purpose other than this litigation and has enjoined the disclosure of the information or documents to any other person; and c. Require each such person to sign an agreement to be bound by this Order in the form attached as Exhibit A.

• 3 -

The disclosure of a document or information without designating it as “CONFIDENTIAL” shall not constitute a waiver of the right to designate such document or information as Confidential Information. If so designated, the document or information shall thereafter be treated as Confidential Information subject to all the terms of this Stipulation and Order. 7. Any Personally Identifying Information (“PII”) (e.g., social security numbers, financial account numbers, passwords and information that may be used for identity theft) exchanged in discovery shall be maintained by the receiving party in a manner that is secure, confidential and shared only with authorized individuals in a secure manner.
Nothing herein shall preclude the producing party from asserting legal claims or constitute a waiver of legal rights and defenses in the event of litigation arising out of the receiving party’s failure to appropriately protect PII from unauthorized disclosure. 8. Pursuant to Federal Rule of Evidence 502, the production of privileged or work product protected documents or communications, electronically stored information (“ESI”) or information, whether inadvertent or otherwise, shall not constitute a waiver of the privilege or protection from discovery in this case or in any other federal or state proceeding. This Order shall be interpreted to provide the maximum protection allowed by Federal Rule of Evidence 502(d). Nothing contained herein is intended to or shall serve to limit a party’s right to conduct a review of documents, ESI or information (including metadata) for relevance, responsiveness and/or segregation of privileged and/or protected information before production. 9. Notwithstanding the designation of information as “CONFIDENTIAL” in discovery, there is no presumption that such information shall be filed with the Court under seal. For requests to file information under seal, the parties shall follow the individual rules of

• 4 -

the judge for whom the information is being submitted, as well as Section 6 of the Court’s ECF Rules & Instructions.
10. At the conclusion of litigation, Confidential Information and any copies thereof shall be promptly (and in no event later than 30 days after entry of final judgment no longer subject to further appeal) returned to the producing party or, upon permission of the producing party, destroyed. 11. Nothing herein shall preclude the parties from disclosing material designated to be Confidential Information if otherwise required by law or pursuant to a valid subpoena.

SO STIPULATED AND AGREED.

Dated: _________, 20

New York, NY

Counsel for Plaintiff(s) Counsel for Defendant(s)

EXHIBIT A

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------X

PlainƟff(s), -against-

Defendant(s). -----------------------------------------------------------X

___ Civ. _______ (_____) (RFT)

NON-DISCLOSURE AGREEMENT

I, _______________________, acknowledge that I have read and understand the Confidentiality Stipulation and 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 material to anyone other than for purposes of this litigation, and that at the conclusion of the litigation I will either return all discovery material to the party or attorney from whom I received it, or upon permission of the producing party, destroy such discovery material. By acknowledging these obligations under the Confidentiality Stipulation and 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: _________, 20

Name (printed) Signature

Signed in the presence of:

(Attorney)

Sample Protocol for Remote Depositions

Revised December 5, 2023 Page 1 of 7

SAMPLE PROTOCOL FOR REMOTE DEPOSITIONS

ConducƟng in-person deposiƟons is not always feasible, parƟcularly under circumstances requiring social distancing. In such instances, the parƟes may need to or will choose to conduct deposiƟons remotely. This form is an example of a sƟpulated order the parƟes can use in connecƟon with arranging for and conducƟng remote deposiƟons. In this example, the parƟes agree to use video conferencing through a third-party provider. The form can also be adapted for use in connecƟon with deposiƟons conducted by telephone, and for use without the services of a third-party provider. The parƟes are of course permited to agree on whatever terms they see fit, consistent with the Federal Rules of Civil Procedure and the Local Rules of this Court.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------X

PlainƟff(s), -against-

Defendant(s). -----------------------------------------------------------X

___ Civ. _______ (_____) (RFT)

STIPULATION AND [PROPOSED] ORDER CONCERNING PROTOCOL FOR CONDUCTING REMOTE DEPOSITIONS

The PlainƟff(s) and Defendant(s) (collecƟvely, the “ParƟes”) jointly sƟpulate to the following protocol for conducƟng deposiƟons via remote means in the above-capƟoned manner: 1. All deposiƟons shall be conducted remotely using video conference technology, and each deponent shall be video-recorded.

Revised December 5, 2023 Page 2 of 7

The ParƟes agree to use [SERVICE PROVIDER] for court reporƟng, video conference and remote deposiƟon services. The ParƟes agree that a [SERVICE PROVIDER] employee may atend each remote deposiƟon to video record the deposiƟon, troubleshoot any technological issues that may arise, and administer the virtual breakout rooms. 3. The ParƟes agree that these video-recorded remote deposiƟons may be used at a trial or hearing to the same extent that an in-person deposiƟon may be used at trial or hearing, and the ParƟes agree not to object to the use of these video recordings on the basis that the deposiƟon was taken remotely. The ParƟes reserve all other objecƟons to the use of any deposiƟon tesƟmony at trial. 4. The deponent, court reporter, and counsel for the ParƟes will each parƟcipate in the videoconference deposiƟon remotely and separately. Each person atending a deposiƟon shall be visible to all other parƟcipants, their statements shall be audible to all parƟcipants, and they should each strive to ensure their environment is free from noise and distracƟons. 5. Consistent with Local Rule 30.4, no counsel shall iniƟate a private conference, including through text message, electronic mail, or the chat feature in the videoconferencing system, with any deponent while a quesƟon is pending, except for the purpose of determining whether a privilege should be asserted. 6. During breaks in the deposiƟon, the ParƟes may use the breakout room feature provided by [SERVICE PROVIDER], which simulates a live breakout room through videoconference. ConversaƟons in the breakout rooms shall not be recorded. The breakout rooms shall be established by [SERVICE PROVIDER] prior to the deposiƟon and controlled by [SERVICE PROVIDER].

Revised December 5, 2023 Page 3 of 7

Remote deposiƟons shall be recorded by stenographic means consistent with the requirements of Rule 30(b)(3). The court reporter will not be physically present with the witness whose deposiƟon is being taken. The ParƟes agree not to challenge the validity of any oath administered by the court reporter, even if the court reporter is not a notary public in the state where the deponent resides. 8. The court reporter will stenographically record the tesƟmony, and the court reporter’s transcript shall consƟtute the official record. [SERVICE PROVIDER] will simultaneously videotape the deposiƟon and preserve the video recording. The court reporter may be given a copy of the video recording and may review the video recording to improve the accuracy of any writen transcript. 9. The ParƟes agree that the court reporter is an “Officer” as defined by Federal Rule of Civil Procedure 28(a)(2) and shall be permited to administer the oath to the witness via the videoconference. The deponent will be required to provide government-issued idenƟficaƟon saƟsfactory to the court reporter, and this idenƟficaƟon must be legible on the video record. 10. The Party that noƟced the deposiƟon shall be responsible for procuring a writen transcript and video record of the remote deposiƟon. The ParƟes shall bear their own costs in obtaining a transcript and/or video record of the deposiƟon. 11. The Party that noƟced the deposiƟon shall provide [SERVICE PROVIDER] with a copy of this SƟpulaƟon and Order at least twenty-four hours in advance of the deposiƟon. 12. At the beginning of each deposiƟon, consistent with Rule 30(b)(5)(A) of the Federal Rules of Civil Procedure, the [SERVICE PROVIDER] employee responsible for video-recording the deposiƟon shall “begin the deposiƟon with an on-the-record statement that includes: (i) the

Revised December 5, 2023 Page 4 of 7

officer’s name and company affiliaƟon; (ii) the date, Ɵme, and place of the deposiƟon; (iii) the deponent’s name; (iv) the officer’s administraƟon of the oath or affirmaƟon to the deponent; and (v) the idenƟty of all persons present.”
13. At the beginning of each segment of the deposiƟon, consistent with Rule 30(b)(5)(B) of the Federal Rules of Civil Procedure, the [SERVICE PROVIDER] employee responsible for video- recording the deposiƟon shall begin that segment of the remote deposiƟon by reciƟng (i) the officer’s name and business address; (ii) the date, Ɵme, and place of the deposiƟon; and (iii) the deponent’s name. 14. The ParƟes agree to work collaboraƟvely and in good faith with [SERVICE PROVIDER] to assess each deponent’s technological abiliƟes and to troubleshoot any issues at least 48 hours in advance of the deposiƟon so any adjustments can be made. The ParƟes also agree to work collaboraƟvely to address and troubleshoot technological issues that arise during a deposiƟon and make such provisions as are reasonable under the circumstances to address such issues. This provision shall not be interpreted to compel any Party to proceed with a deposiƟon where the deponent cannot hear or understand the other parƟcipants or where the parƟcipants cannot hear or understand the deponent. 15. Every deponent shall endeavor to have technology sufficient to appear for a videotaped deposiƟon (e.g., a webcam and computer or telephone audio), and bandwidth sufficient to sustain the remote deposiƟon. Counsel for each deponent shall consult with the deponent prior to the deposiƟon to ensure the deponent has the required technology. If not, counsel for the deponent shall endeavor to supply the required technology to the deponent prior to the

Revised December 5, 2023 Page 5 of 7

deposiƟon. In the case of third-party witnesses, counsel noƟcing the deposiƟon shall supply any necessary technology that the deponent does not have. 16. The ParƟes agree that this SƟpulaƟon and Order applies to remote deposiƟons of non- parƟes under Rule 45 and shall work in a collaboraƟve manner in atempƟng to schedule remote deposiƟons of non-parƟes. The Party noƟcing any third-party deposiƟon shall provide this SƟpulaƟon and Order to counsel for any non-party under Rule 45 a reasonable Ɵme before the date of the deposiƟon. 17. The ParƟes agree that any of the following methods for administering exhibits may be employed during a remote deposiƟon, or a combinaƟon of one or more methods: i. Counsel noƟcing the deposiƟon may choose to mail physical copies of documents that may be used during the deposiƟon to the deponent, the deponent’s counsel, the other Party’s counsel, and the court reporter. In that event, noƟcing counsel shall so inform the deponent’s counsel, the other Party’s counsel, and the court reporter prior to mailing the documents and shall provide tracking informaƟon for the package. Such documents shall be delivered by 12:00 pm ET the business day before the deposiƟon. Counsel for the deponent, the other Party’s counsel, and the court reporter shall confirm receipt of the package by electronic mail to Counsel noƟcing the deposiƟon. If physical copies are mailed, every recipient of a mailed package shall keep the package sealed unƟl the deposiƟon begins and shall only unseal the package on the record, on video, and during the deposiƟon when directed to do so by the counsel taking the deposiƟon. This same procedure shall apply to any physical copies of documents any other counsel intends to use for examining the witness.

Revised December 5, 2023 Page 6 of 7

ii. Counsel noƟcing the deposiƟon may choose to send a compressed .zip file of the documents that may be used during the deposiƟon via electronic mail to the deponent, the deponent’s counsel, the other Party’s counsel, and the court reporter. The .zip file shall be delivered by 12:00 pm ET the business day before the deposiƟon. Counsel for the deponent, the other Party’s counsel, and the court reporter shall confirm receipt of the .zip file by electronic mail to Counsel noƟcing the deposiƟon. The .zip file shall be password protected, and counsel taking the deposiƟon shall supply the password via electronic email immediately prior to the commencement of the deposiƟon. Every recipient of a .zip file shall not open the .zip file unƟl the deposiƟon begins and when directed to do so by the counsel taking the deposiƟon. If sending documents by electronic mail, counsel will be mindful of file size limitaƟons, which presumpƟvely should be less than 50 MB. iii. Counsel may introduce exhibits electronically during the deposiƟon, by using the [SERVICE PROVIDER] document-sharing technology, by using the screen-sharing technology within the videoconferencing plaƞorm, or by sending the exhibit to the deponent and all individuals on the record via electronic mail. 18. All deponents receiving documents before or during a deposiƟon, pursuant to Paragraph 17 above, shall return the documents to the counsel who sent them originally, within two business days following the compleƟon of the deposiƟon, and shall not retain them in any manner. Counsel noƟcing the deposiƟon shall include a pre-paid return shipping label in any package of documents mailed to a deponent.

Revised December 5, 2023 Page 7 of 7

19. Counsel for the ParƟes may keep any document or exhibit used during the deposiƟon
    [IF APPLICABLE, consistent with the SƟpulated ProtecƟve Order entered in this case]. Counsel for the ParƟes shall return any documents not used during the deposiƟon to the counsel who sent them originally, within two business days following the compleƟon of the deposiƟon, and shall not retain them in any manner.
20. [IF APPLICABLE: Counsel noƟcing the deposiƟon shall provide any counsel for third-party witnesses with a copy of the ParƟes’ SƟpulated ProtecƟve Order.] Counsel for third-party witnesses may keep any document used during the deposiƟon [IF APPLICABLE: in accordance with the SƟpulated ProtecƟve Order], and shall return any documents not used during the deposiƟon to the Counsel who sent them originally, within two business days following the compleƟon of the deposiƟon, and shall not retain them in any manner.

Dated: _________, 20

New York, NY

SƟpulated to: [ATTORNEY SIGNATURE BLOCKS] SO ORDERED.

ROBYN F. TARNOFSKY United States Magistrate Judge

Ex Parte Settlement Conference Summary

Revised February 15, 2024 Page 1 of 2

EX PARTE SETTLEMENT CONFERENCE SUMMARY CAPTION:

DISTRICT COURT JUDGE:
JURY / NONJURY (Circle One) CLAIMS: _____________________________________________________________________

DEFENSES: __________________________________________________________________

RELIEF AVAILABLE UNDER APPLICABLE LAW (WITH APPROPRIATE CITATION):

SUMMARY OF ACTUAL DAMAGES: ____________________________________________

COUNSEL ATTENDING SETTLEMENT CONFERENCE: PLAINTIFF/DEFENDANT (Circle One)

Name:

Address:

Phone & email:

Client:

Name:

Address:

Phone & email:

Client:

Page 2 of 2

CLIENT(S) AND/OR CLIENT REPRESENTATIVE(S) ATTENDING SETTLEMENT CONFERENCE:

MOTIONS PENDING:

OTHER RELEVANT MATTERS YOU WISH TO BRING TO THE COURT’S ATTENTION:

PRIOR OFFERS / DEMANDS:

MATERIAL NON-MONETARY TERMS SOUGHT IN SETTLEMENT:

IS THERE ANY INFORMATION YOU DO NOT CURRENTLY HAVE OR ANY OTHER IMPEDIMENT TO HAVING A PRODUCTIVE SETTLEMENT CONFERENCE AT THIS TIME, AND IF SO, PLEASE ELABORATE.

ATTACH SYNOPSIS OF CASE.

Settlement Conference Confidentiality Agreement Form

SETTLEMENT CONFERENCE CONFIDENTIALITY AGREEMENT

Page 1 of 2

Case Name and Number:

Agreement Concerning Conference

In order to promote communication among the parties and to facilitate resolution of the 

dispute, the participants agree as follows:

1.  This settlement conference process is to be considered settlement negotiations for the 

purpose of all state and federal rules protecting disclosures made during such process from later discovery and/or use in evidence.

2.  The participants' sole purpose in conducting or participating in the settlement conference 

is to compromise, settle or resolve their dispute, in whole or in part. The parties affirm their obligation to negotiate in good faith in an effort to amicably resolve this matter.

4.  MAGISTRATE JUDGE TARNOFSKY is serving as a neutral intermediary and settlement 

facilitator. In that capacity, she may point out weaknesses in the party’s cases, but is not acting as an advocate for any party. The privileged character of any information or documents is not altered by disclosure to Magistrate Judge Tarnofsky in an ex parte conference. Magistrate Judge Tarnofsky’s subsequent oral and written communications with the parties, if any, that are part of any continuing effort to resolve the dispute are subject to this Agreement.

5.  The parties consent to ex parte communications with the court for purposes of 

settlement.

6.  ANY WRITTEN SETTLEMENT AGREEMENT, SETTLEMENT MEMORIALIZED ON THE RECORD, 

MEMORANDUM OF UNDERSTANDING REACHED OR BINDING TERM SHEET SIGNED AT THE SETTLEMENT CONFERENCE IS SUBJECT TO DISCLOSURE, BINDING, ENFORCEABLE, AND ADMISSIBLE to prove the existence of and/or to enforce the settlement agreement.

7. Nothing herein alters the parties’ rights and defenses under the Federal Rules of Civil Procedure with respect to discovery of facts relevant to the matter.

Executed on

Name

for Plaintiff/Defendant/Insurer

SETTLEMENT CONFERENCE CONFIDENTIALITY AGREEMENT

Page 2 of 2

Case Name and Number:

Name

for Plaintiff/Defendant/Insurer

Consent to Proceed Before US Magistrate Judge

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

Consent to Proceed Before US Magistrate Judge Over a Specific Motion

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

Individual Practice Rules in Criminal Cases

Revised March 12, 2024

INDIVIDUAL PRACTICES IN CRIMINAL CASES ROBYN F. TARNOFSKY, UNITED STATES MAGISTRATE JUDGE

Chambers U.S. District Court 500 Pearl Street, Room 703 New York, NY 10007 212-805-3840 Email for Criminal Matters: TarnofskyCriminalDuty@nysd.uscourts.gov
Courtroom Daniel Patrick Moynihan Courthouse 500 Pearl St., Courtroom 5A

I. Criminal Applications

A. Warrants. Arrest and search warrants, including applications for cell site information, triggerfish, and GPS tracking, should be emailed to TarnofskyCriminalDuty@nysd.uscourts.gov specifying the times that the agent and the U.S. Attorney are available to swear out the complaint.

B. Late-night or weekend warrants. If you anticipate the need for a late-night or weekend warrant, please send Judge Tarnofsky an email at TarnofskyCriminalDuty@nysd.uscourts.gov.

II. Pleas

A. At least 24 hours in advance of a plea, the indictment/information, plea agreement, a summary of the elements of the offense(s), and the maximum and mandatory penalties for each crime/count should be emailed to TarnofskyCriminalDuty@nysd.uscourts.gov.

B. Counsel for the defendant should email the proposed allocution to TarnofskyCriminalDuty@nysd.uscourts.gov at least 24 hours in advance of the plea.

III. Misdemeanor Sentencing

A. Pre-sentence submissions for misdemeanors should be submitted no later than 2 weeks before the scheduled meeting in Courtroom 9B at 500 Pearl Street, New York, NY, 10007.

View source on SDNY.uscourts.gov →