All local rules for S.D.N.Y., integrated with this judge's published requirements.
(d) No ex parte order, or order to show cause to bring on a motion, will be granted, except upon a clear and specific showing by affidavit that contains good and sufficient reasons why a procedure other than by notice of motion is necessary and states whether a previous application for similar relief has been made. Local Civil Rule 6.1(d) ↗
C. Urgent Communications. Materials filed via ECF are generally reviewed within one business day of filing. If a given submission requires immediate attention, please notify Chambers by telephone after it is filed by ECF.
(c) Length of Memoranda of Law. If filed by an attorney or prepared with a computer, briefs in support of and in response to a motion (except for motions for reconsideration) may not exceed 8,750 words, and reply briefs may not exceed 3,500 words. Local Civil Rule 7.1(c) ↗
(c) Length of Memoranda of Law. If filed by an attorney or prepared with a computer, briefs in support of and in response to a motion (except for motions for reconsideration) may not exceed 8,750 words, and reply briefs may not exceed 3,500 words. Local Civil Rule 7.1(c) ↗
(c) Length of Memoranda of Law. If filed by an attorney or prepared with a computer, briefs in support of and in response to a motion (except for motions for reconsideration) may not exceed 8,750 words, and reply briefs may not exceed 3,500 words. Local Civil Rule 7.1(c) ↗
Except for letter-motions as permitted by Local Civil Rule 7.1(d), and unless provided otherwise by statute or rule, or by the court in a judge’s individual practices or in a direction in a particular case, motion papers must be served and filed as follows: (a) On all motions and applications under Fed. R. Civ. P. 26 through 37 and 45(d)(3), (1) all motion papers must be served by the moving party on all other parties that have appeared in the action, (2) any opposing or response papers must be served within seven days after service of the moving papers, and (3) any reply papers must be served within two days after service of the answering papers. In computing periods of days, refer to Fed. R. Civ. P. 6. (b) On all civil motions, petitions, and applications, other than those described in Rule 6.1(a), and other than petitions for writs of habeas corpus, (1) the moving papers must be served by the moving party on all other parties that have appeared in the action, (2) any opposing or response papers must be served within 14 days after service of the moving papers, and (3) any reply papers must be served within seven days after service of the answering papers. Local Civil Rule 6.1 (introductory clause) and 6.1(a)-(b) ↗
Silent on fixed motion hearing days. Local Civil Rules 6.1, 7.1 (silent) ↗
Local Civil Rule 77.1. Submission of Orders, Judgments and Decrees Proposed orders, judgments, and decrees must be presented as directed by the ECF rules published on the website of each respective court. Local Civil Rule 77.1 ↗
9. Electronic Filing Under Seal in Civil and Miscellaneous Cases A. Redactions Not Requiring Court Approval. Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court. The parties are also referred to the E-Government Act of 2002 and the Southern District’s ECF Privacy Policy and Notice Regarding Privacy and Public Access to Electronic Civil and Criminal Case Files (together “Privacy Policy”).
Silent on oral argument default. Local Civil Rules 6.1, 7.1 (silent) ↗
3. Conferences A. Attendance by Principal Trial Counsel. The attorney who will serve as principal trial counsel must appear at all conferences with the Court. Revised: July 17, 2020 4 B. Participation by Junior Attorneys: 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 is amenable to permitting more than one lawyer to argue for one party if this creates an opportunity for a junior lawyer to participate. Nevertheless, all attorneys appearing before the Court must have authority to bind the party they represent consistent with the proceedings (for example, by agreeing to a discovery or briefing schedule), and should be prepared to address any matters likely to arise at the proceeding. The ultimate decision of who speaks on behalf of the client is for the lawyer in charge of the case, not for the Court.
oposed Revised Scheduling Order must be attached. All requests for adjournments or extensions of time, including requests on consent, must be made at least 72 hours prior to the scheduled appearance. Absent good cause, failure to comply with this deadline will result in denial of the request. i. By a Pro Se Party. Requests for extensions by pro se parties should be submitted to the Pro Se Office, and shall include the information specified in Rule 2(D), except that a pro se party may, but is not required to, submit a proposed Revised Scheduling Order. Source ↗
er to hold a pre-motion conference in the matter. Courtesy copies are not necessary unless otherwise directed by the Court. If a case has been referred to a magistrate judge for any reason that does not include dispositive motions, the parties should address pre-motion letters about dispositive motions to Judge Vyskocil, and Judge Vyskocil will hold any pre-motion conference and control the briefing schedule for the motion. If the contemplated motion is for summary judgment under Rule 56 of the Federal Rules of Civil Procedure, the pre-motion conference letter must be accompanied by a copy of the movant’s Rule 56.1 statement and any letter in opposition must attach the non-movant’s Rule 56.1 Counter-Statement. See 5(C) below. The supporting exhibits need not be filed with the Court until the parties submit their actual motion (or opposition) and supporting memoranda. Pre-motion letters concerning a motion for summary judgment must be filed one week in advance of the Post-Discovery Conference (see ¶3E). The submission of a pre-motion letter does not stay any future deadlines, except that submission of a pre-motion letter concerning a motion to dismiss will stay a defendant’s time to answer or otherwise move with respect to the Complaint. ii. By a Pro Se Party. Pre-motion submissions are not required from pro se parties. If the pro se party’s adversary files a pre- motion submission, the pro se party may, but is not required to, file a response to the pre-motion submission. Any such Revised: July 17, 2020 7 response shall be due three business days after the pre-motion submission is received by the pro se party. iii. Memoranda of Law in Civil Cases. The typeface, margins, and spacing of motion papers must conform to Local Civil Rule 11.1. Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to 25 pages, and reply memoranda are limited to 10 pages. All memoranda of law shall be in 12-point font or larger, double-spaced, and text-searchable. Memoranda of 10 pages or more shall contain a table of contents and a table of authorities, neither of which shall count against the page limit. Sur-reply memoranda will not be accepted without prior permission of the Court. All appendices to memoranda of law must be indexed. iv. Filing of Motion Papers. Motion papers shall be filed with the Clerk’s Office promptly after service. v. Motion Schedule – Unless otherwise stipulated by the Court, the schedule for responses and replies to civil motions shall be that established by Local Civil Rule 6.1. vi. Courtesy Copies. Courtesy copies are not necessary unless otherwise directed by the Court. Upon request, courtesy copies of motion papers, marked as such and including the ECF header (See Section 2(B) above), shall be mailed or hand- delivered to the Court by the party making the filing. All courtesy copies should be double-sided, three-hole-punched, tabbed, and placed in binders. vii. Oral Argument on Moti Source ↗
C. Initial Case Management Conference. The Court will generally schedule a conference pursuant to Federal Rule of Civil Procedure 16(c) to take place within one month of the filing of an Answer to the Complaint. The Notice of Initial Pretrial Conference will be filed on ECF. Plaintiff’s counsel is responsible for distributing the Notice of Initial Pretrial Conference to all parties. Pursuant to the Notice, the parties are required to file on ECF and submit via e- mail (VyskocilNYSDChambers@nysd.uscourts.gov) a joint letter and Proposed Civil Case Management Plan and Scheduling Order (https://nysd.uscourts.gov/sites/default/files/practice_document s/MKV%20Vyskocil%20Case%20Management%20Plan.pdf) in PDF and Microsoft Word format one week prior to the Initial Pretrial Conference. In addition, initial disclosures pursuant to Rule 26(a)(1) shall be promptly exchanged prior to the Initial Pretrial Conference. Fed. Source ↗
e 11.1. Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to 25 pages, and reply memoranda are limited to 10 pages. All memoranda of law shall be in 12-point font or larger, double-spaced, and text-searchable. Memoranda of 10 pages or more shall contain a table of contents and a table of authorities, neither of which shall count against the page limit. Sur-reply memoranda will not be accepted without prior permission of the Court. All appendices to memoranda of law must be indexed. iv. Filing of Motion Papers. Motion papers shall be filed with the Clerk’s Office promptly after service. v. Motion Schedule – Unless otherwise stipulated by the Court, the schedule for responses and replies to civil motions shall be that established by Local Civil Rule 6.1. vi. Courtesy Copies. Courtesy copies are not necessary unless otherwise directed by the Court. Upon request, courtesy copies of motion papers, marked as such and including the ECF header (See Section 2(B) above), shall be mailed or hand- delivered to the Court by the party making the filing. All courtesy copies should be double-sided, three-hole-punched, tabbed, and placed in binders. vii. Oral Argument on Motions. Parties may request oral argument by letter at the time their moving or opposing or reply papers are filed. After reviewing the motion papers, the Court will determine whether argument will be heard and, if so, will advise counsel of the argument date. Source ↗
placed in binders. vii. Oral Argument on Motions. Parties may request oral argument by letter at the time their moving or opposing or reply papers are filed. After reviewing the motion papers, the Court will determine whether argument will be heard and, if so, will advise counsel of the argument date. Source ↗
4. Motions A. General Rules i. Pre-Motion Submissions in Civil Cases. Parties wishing to file a motion to dismiss, a motion for summary judgment, a motion for judgment on the pleadings, a motion for sanctions, and any motions concerning discovery should, prior to filing any motion, request a pre-motion conference with the Court. Motions concerning discovery are discussed in Section 3(D) above. Pre-motion conferences are not required with respect to: • Motions by incarcerated pro se litigants; • Applications for temporary restraining orders; • Applications for injunctions; • Motions to remand; • Motions for reargument; • Motions described in Federal Rules of Appellate Procedure 4(a)(4)(A); • Applications for attorney’s fees; Revised: July 17, 2020 6 • Motions for reduction of sentences; • Objections to a Magistrate Judge’s ruling; • Motions brought on by order to show cause; • Motions for admission pro hac vice; To request a pre-motion conference, the party wishing to make a motion shall file a letter, not to exceed three pages, briefly describing the motion that is contemplated and summarizing the grounds for the proposed motion, and whether the motion is on consent of all parties. If the motion is not on consent, any opposing party should file a letter setting forth its position, not to exceed three pages, within three business days after the request is filed. The Court will then determine whether to hold a pre-motion conference in the matter. Courtesy copies are not necessary unless otherwise directed by the Court. If a case has been referred to a magistrate judge for any reason that does not include dispositive motions, the parties should address pre-motion letters about dispositive motions to Judge Vyskocil, and Judge Vyskocil will hold any pre-motion conference and control the briefing schedule for the motion. If the contemplated motion is for summary judgment under Rule 56 of the Federal Rules of Civil Procedure, the pre-motion conference letter must be accompanied by a copy of the movant’s Rule 56.1 statement and any letter in opposition must attach the non-movant’s Rule 56.1 Counter-Statement. See 5(C) below. The supporting exhibits need not be filed with the Court until the parties submit their actual motion (or opposition) and supporting memoranda. Pre-motion letters concerning a motion for summary judgment must be filed one week in advance of the Post-Discovery Conference (see ¶3E). The submission of a pre-motion letter does not stay any future deadlines, except that submission of a pre-motion letter concerning a motion to dismiss will stay a defendant’s time to answer or otherwise move with respect to the Complaint. ii. By a Pro Se Party. Pre-motion submissions are not required from pro se parties. If the pro se party’s adversary files a pre- motion submission, the pro se party may, but is not required to, file a response to the pre-motion submission. Any such Revised: July 17, 2020 7 response shall be due three business days after th Source ↗