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) ↗
all Chambers at (212) 805-0258. 2 Faxes and Email Communications Faxes and email communications to Chambers are permitted only if copies are also simultaneously faxed or emailed to all counsel. No document longer than 20 pages may be faxed or emailed without prior authorization from Chambers. Do not follow with a hard copy. Please refer to paragraph A for Chambers email address and fax number. Scheduling and Calendar Matters For criminal scheduling and calendar matters, call Ms. Sara Tomasello, Esq. at (212) 805-0125 between 8:00 a.m. and 3:00 p.m. Hand Deliveries Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance of the Courthouse; it may not be brought directly to Chambers. If the hand- delivered letter is urgent and requires the Court’s immediate attention, however, ask the Court Security Officers to notify Chambers that an urgent letter has arrived that needs to be retrieved by Chambers staff immediately. Requests for Adjournments or Extensions of Time All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions. The letter-motion must state: (1) the original due date, (2) the number of previous requests for adjournments or extensions of time, (3) whether these previous requests were granted or denied, and (4) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent. If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order must be attached to the motion. If the request is for an adjournment of a court appearance, absent an emergency, the request shall be made at least 48 hours prior to the scheduled appearance. If a request contains sensitive or confidential information, it may be submitted by email to Chambers inbox at: woodnysdchambers@nysd.uscourts.gov, faxed to (212) 805-7900, or hand delivered in lieu of being filed electronically. Related Case After an action has been accepted as related to a prior filing, all future court papers and correspondence must contain the docket number of the new filing, as well as the docket number of the case to which it is related (e.g., 11 Civ 1234 [rel. 10 Civ. 4321]).
(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 ↗
5. ELECTRONIC FILING UNDER SEAL IN CIVIL/MISCELLANEOUS CASES Sealing/Redactions Not Requiring Court Approval Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court. Such sensitive information includes: Social Security numbers; names of minor children; dates of birth; and financial account numbers. Other information that should be treated with caution and may warrant a motion for approval of sealed or redacted filing includes: personal identifying numbers (PIN numbers); medical records, treatment and diagnosis; employment history; individual financial information; proprietary or trade secret information; home addresses; and information regarding an individual’s cooperation with the government. Sensitive information and information requiring caution must not be included in any document filed with the Court unless such inclusion is necessary and relevant to the case. If such information must be included, personal identifiers must be partially redacted in accordance with the above-cited rules and policies in order to protect any privacy interest. Sealing/Redaction Requiring Court Approval Motions or 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
Silent on oral argument default. Local Civil Rules 6.1, 7.1 (silent) ↗
nsions and pre-motion conferences with respect to discovery disputes should be filed as letter-motions. Discovery Motions In civil cases – counsel are expected to comply with the Southern District Local Civil Rule 37.2 with the following modifications. Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If this meet- and-confer process does not resolve the dispute, the party may file on ECF a letter- motion to the Court, no longer than three (3) pages, explaining the nature of the dispute and requesting an informal conference. Such a letter must include a representation that the meet-and-confer process occurred and was unsuccessful. If the opposing party wishes to respond, it must call Chambers within one (1) business day to advise that a responsive letter will be forthcoming and do so by letter to the Court not exceeding three (3) pages within three (3) business days of the filing of the original letter-motion; and In criminal cases – counsel are expected to comply with the Southern District Local Criminal Rule 16.1. Any discovery motion must contain the Rule 16.1 affidavit. Courtesy Copies One set of all motion papers, marked as such, should be submitted to the Court in accordance with the S.D.N.Y. policies regarding hand deliveries or mail deliveries. The courtesy copy of any letter filed on ECF must be a copy of the filed version of the letter and must include the automatically generated ECF header. Memoranda of Law All memoranda of law shall 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 twenty-five (25) pages. Reply memoranda are limited to ten (10) pages. Memoranda of ten (10) pages or more shall contain a table of contents and a table of authorities. Filing of Motion Papers Notice of motion and motion papers shall be filed with the Court promptly after service. The moving party is further obligated to furnish to Chambers a full set of courtesy copies of the motion papers at the time the motion becomes fully briefed. A Court Order is 5 required to extend the briefing schedule beyond the time frame set out in Local Civil Rule 6.1(b). Oral Argument on Motions Parties may request oral argument at the time they file their moving, opposing or reply papers, by filing on ECF a letter specifically requesting oral argument. The Court will determine whether argument will be heard and, if so, will advise counsel of the date and time for the argument. Motions for Summary Judgment 56.1 Statement. Any party wishing to file a motion for summary judgment or partial summary judgment (the “moving party”) shall inform the Court of its wish to file a summary judgment motion, and shall attach to its request a Local Civil Rule 56.1 Statement (the “56.1 Statement”). The 56.1 Statement must contain only one factual assertion in each
ds to be retrieved by Chambers staff immediately. Requests for Adjournments or Extensions of Time All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions. The letter-motion must state: (1) the original due date, (2) the number of previous requests for adjournments or extensions of time, (3) whether these previous requests were granted or denied, and (4) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent. If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order must be attached to the motion. If the request is for an adjournment of a court appearance, absent an emergency, the request shall be made at least 48 hours prior to the scheduled appearance. If a request contains sensitive or confidential information, it may be submitted by email to Chambers inbox at: woodnysdchambers@nysd.uscourts.gov, faxed to (212) 805-7900, or hand delivered in lieu of being filed electronically. Related Case After an action has been accepted as related to a prior filing, all future court papers and correspondence must contain the docket number of the new filing, as well as the docket number of the case to which it is related (e.g., 11 Civ 1234 [rel. 10 Civ. 4321]). Source ↗
contain the Rule 16.1 affidavit. Courtesy Copies One set of all motion papers, marked as such, should be submitted to the Court in accordance with the S.D.N.Y. policies regarding hand deliveries or mail deliveries. The courtesy copy of any letter filed on ECF must be a copy of the filed version of the letter and must include the automatically generated ECF header. Memoranda of Law All memoranda of law shall 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 twenty-five (25) pages. Reply memoranda are limited to ten (10) pages. Memoranda of ten (10) pages or more shall contain a table of contents and a table of authorities. Filing of Motion Papers Notice of motion and motion papers shall be filed with the Court promptly after service. The moving party is further obligated to furnish to Chambers a full set of courtesy copies of the motion papers at the time the motion becomes fully briefed. A Court Order is 5 required to extend the briefing schedule beyond the time frame set out in Local Civil Rule 6.1(b). Oral Argument on Motions Parties may request oral argument at the time they file their moving, opposing or reply papers, by filing on ECF a letter specifically requesting oral argument. The Court will determine whether argument will be heard and, if so, will advise counsel of the date and time for the argument. Motions for Summary Judgment 56.1 Statement. Any party wishing to file a motion for summary judgment or partial summary judgment (the “moving party”) shall inform the Court of its wish to file a summary judgment motion, and shall attach to its request a Local Civil Rule 56.1 Statement (the “56.1 Statement”). The 56.1 Statement must contain only one factual assertion in each numbered paragraph. Each factual assertion must be followed by a citation to the portion(s) of the evidentiary record relied upon. For example, “Ms. Jones visited Dallas, Texas, on July 10, Source ↗
one party. Initial Case Management Conference The Court will generally schedule a Fed. R. Civ. P. 16 conference within two (2) months of the filing of the Complaint. The Notice of Initial Pretrial Conference will be made available on ECF and the plaintiff’s counsel will be responsible for distributing copies to all parties. The Notice will direct the parties to submit on ECF a proposed Civil Case Management Plan and Scheduling Order and letter to the Court one (1) week prior to the conference date. Before the initial pretrial conference, Counsel must adhere to S.D.N.Y.’s “Electronic Case Filing Rules and Instructions,” be registered as ECF filers, and enter an appearance in the case. The pertinent instructions are available on the Court’s website at: http://www.nysd.uscourts.gov/ecf_filing. php. Other Information If (1) counsel agree on a schedule that calls for the close of all discovery not more than six (6) months from the date of the Notice of Initial Pretrial Conference; (2) counsel submit the Proposed Case Management Plan and Scheduling Order to the Court no later than thirty (30) days before the initial pretrial conference; and (3) the Court signs and dockets the Proposed Case Management Plan and Scheduling Order, the initial pretrial conference will be cancelled and the parties need not appear in person. (By contrast, if the Court does not sign and docket the Proposed Case Management Plan and Scheduling Order, the parties must appear at the initial pretrial conference.) If the initial pretrial conference is cancelled, the parties are reminded to check the docketed Case Management Plan for the date and time of the next pretrial conference. The parties are cautioned that the Court will not grant an extension to agreed-upon deadlines except in extraordinary circumstances. Source ↗
da of law shall 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 twenty-five (25) pages. Reply memoranda are limited to ten (10) pages. Memoranda of ten (10) pages or more shall contain a table of contents and a table of authorities. Filing of Motion Papers Notice of motion and motion papers shall be filed with the Court promptly after service. The moving party is further obligated to furnish to Chambers a full set of courtesy copies of the motion papers at the time the motion becomes fully briefed. A Court Order is 5 required to extend the briefing schedule beyond the time frame set out in Local Civil Rule 6.1(b). Oral Argument on Motions Parties may request oral argument at the time they file their moving, opposing or reply papers, by filing on ECF a letter specifically requesting oral argument. The Court will determine whether argument will be heard and, if so, will advise counsel of the date and time for the argument. Motions for Summary Judgment 56.1 Statement. Any party wishing to file a motion for summary judgment or partial summary judgment (the “moving party”) shall inform the Court of its wish to file a summary judgment motion, and shall attach to its request a Local Civil Rule 56.1 Statement (the “56.1 Statement”). The 56.1 Statement must contain only one factual assertion in each numbered paragraph. Each factual assertion must be followed by a citation to the portion(s) of the evidentiary record relied upon. For example, “Ms. Jones visited Dallas, Texas, on July 10, Source ↗
Local Civil Rule 6.1(b). Oral Argument on Motions Parties may request oral argument at the time they file their moving, opposing or reply papers, by filing on ECF a letter specifically requesting oral argument. The Court will determine whether argument will be heard and, if so, will advise counsel of the date and time for the argument. Motions for Summary Judgment 56.1 Statement. Any party wishing to file a motion for summary judgment or partial summary judgment (the “moving party”) shall inform the Court of its wish to file a summary judgment motion, and shall attach to its request a Local Civil Rule 56.1 Statement (the “56.1 Statement”). The 56.1 Statement must contain only one factual assertion in each numbered paragraph. Each factual assertion must be followed by a citation to the portion(s) of the evidentiary record relied upon. For example, “Ms. Jones visited Dallas, Texas, on July 10, Source ↗
3. MOTIONS Pre-Motion Conferences in Civil Cases For motions other than discovery motions, the Court requests, as a courtesy to the Court, that a litigant seek a pre-motion conference with the Court before making any motion, except: motions that are required by the Federal Rules of Appellate Procedure to be made by a certain time; and Temporary Restraining Orders, injunctions, motions in lieu of Answer, motions to remand, motions for re-argument or reconsideration, objections to Magistrate Judges’ rulings, applications for attorneys’ fees, motions for sanctions, motions for reduction of sentence, pro hac vice motions, motions involving persons in custody, and petitions to confirm or compel arbitration, and instances where a litigant believes that delay in filing might result in the loss of right. 4 To arrange a pre-motion conference, the moving party shall submit a letter not to exceed three (3) pages in length setting forth the basis for the anticipated motion. Letter Motions Letter-motions filed via ECF must comply with the S.D.N.Y. Local Rules and the S.D.N.Y. “Electronic Case Filing Rules and Instructions.” In particular, all requests for adjournments, extensions and pre-motion conferences with respect to discovery disputes should be filed as letter-motions. Discovery Motions In civil cases – counsel are expected to comply with the Southern District Local Civil Rule 37.2 with the following modifications. Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If this meet- and-confer process does not resolve the dispute, the party may file on ECF a letter- motion to the Court, no longer than three (3) pages, explaining the nature of the dispute and requesting an informal conference. Such a letter must include a representation that the meet-and-confer process occurred and was unsuccessful. If the opposing party wishes to respond, it must call Chambers within one (1) business day to advise that a responsive letter will be forthcoming and do so by letter to the Court not exceeding three (3) pages within three (3) business days of the filing of the original letter-motion; and In criminal cases – counsel are expected to comply with the Southern District Local Criminal Rule 16.1. Any discovery motion must contain the Rule 16.1 affidavit. Courtesy Copies One set of all motion papers, marked as such, should be submitted to the Court in accordance with the S.D.N.Y. policies regarding hand deliveries or mail deliveries. The courtesy copy of any letter filed on ECF must be a copy of the filed version of the letter and must include the automatically generated ECF header. Memoranda of Law All memoranda of law shall 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 twenty-five (25) pages. Reply memoranda are limited to ten (10) page Source ↗