Judge Kimba M. Wood — United States District Court, Southern District of New York

Emergency Individual Rules and Practices in Light of COVID-19

Revised: March 24, 2020

EMERGENCY INDIVIDUAL RULES AND PRACTICES IN LIGHT OF COVID-19 Kimba M. Wood, United States District Judge

Chambers Email:

woodnysdchambers@nysd.uscourts.gov Unless otherwise ordered by the Court, these Emergency Individual Rules and Practices apply to all matters before Judge Wood (whether criminal or civil and whether involving a pro se party or all counseled parties), and they are a supplement to Judge Wood’s standard Individual Rules and Practices. If there is a conflict between these Emergency Rules and Judge Wood’s standard Individual Rules and Practices, these Emergency Rules control.

1. No Paper Submissions Absent Undue Hardship A. No papers, including courtesy hard copies of any filing or document, may be submitted to Chambers. All documents must be filed on ECF or, if permitted or required under the Court’s Individual Rules and Practices, emailed to woodnysdchambers@nysd.uscourts.gov. B. In the event that a party or counsel is unable to submit a document electronically — either by ECF or email — the document may be mailed to the Court. To the maximum extent possible, however, this means of delivery should be avoided, as delivery of mail to the Court is likely to be delayed.
2. Conferences and Proceedings A. In Civil Cases. Unless otherwise ordered by the Court, all conferences and proceedings in civil cases will be held by telephone. In some cases, the Court may direct one of the parties to set up a conference line. In all other cases, the parties should call into the Court’s dedicated conference line.
   B. In Criminal Cases. To the maximum extent possible, all conferences and proceedings will be held by either telephone or video. No later than one week before a scheduled appearance, counsel must confer and submit a letter to the Court indicating their views on whether the Court can, consistent with the U.S. Constitution, Federal Rules of Criminal Procedure (see, e.g., Rules 5(f), 10(b) & (c), and 43) and any other relevant law, conduct the matter by telephone or video and, if applicable, whether the Defendant either consents to appearing in that manner or to waiving his or her appearance altogether. Counsel should include the same information in any request for a conference or other proceeding. C. Teleconferences Generally. The Court’s dedicated conference line is:
   (888) 363-4749; Access Code 1613818. Conference-line access information will also be published on the public docket for every case in which a teleconference is scheduled. At least twenty-four hours before a scheduled teleconference, the parties must jointly email to the Court a list of counsel — absent permission of

the Court, no more than one per party — who may speak during the teleconference. The email should also provide the telephone numbers from which counsel expect to join the call. To facilitate orderly teleconferences and the creation of an accurate transcript where a teleconference is held on the record, counsel are required to identify themselves every time they speak, and, for sound quality purposes, may not use speakerphone absent permission of the Court. D. Teleconference Protocol In preparation for and while engaging in a teleconference, please follow these guidelines: i. Use a landline whenever possible.
ii. Identify yourself each time you speak.
iii. Be mindful that, unlike in a courtroom setting, interrupting can render both speakers unintelligible.
iv. Mute when not speaking to eliminate background noise, e.g. papers shuffling, sirens, etc.
v. Avoid voice-activated systems that don’t allow speaker to know when someone else is trying to speak.
vi. Spell proper names.
3. Communications with Chambers A. Telephone Calls. Telephone calls will not be answered but will go to voicemail; and there may be significant delays in responding to any voicemail messages.
Thus, parties are encouraged to make any requests or inquiries to the Court through ECF or, if permitted or required under the Court’s Individual Rules and Practices, by email. If leaving a voicemail, a party should (1) briefly state the nature of the issue (including, if applicable, the case name and docket number); and (2) provide a call-back telephone number. B. Urgent Matters. For urgent matters requiring immediate attention, parties should send an email to Chambers that (1) includes the word “URGENT” in the subject line; (2) specifies the case name and docket number; (3) briefly describes the nature of the issue; and (4) provides a telephone number at which the party (and any other relevant parties) can be reached. C. Faxes. Faxes are not permitted for any purposes.
D. Hand Deliveries. Nothing may be delivered to Chambers absent advance permission from the Court.

E. By Pro Se Parties. Pro se parties are encouraged to (1) consent to electronic service (via ECF or email); or (2) seek the Court’s permission to file documents through the ECF system or by email to the Court. Unless the Court grants permission to file documents electronically, all communications with the Court by a pro se party must be mailed to the Pro Se Intake Unit, Thurgood Marshall Courthouse, 40 Centre Street, Room 105, New York, New York 10007. Any questions should be directed to the Pro Se Intake Unit at (212) 805-0175. F. In New Criminal Cases. Upon assignment of a new criminal case to Judge Wood, the Assistant United States Attorney must immediately email the Court to arrange for a prompt conference/arraignment.
4. Applications for Temporary Restraining Orders (“TROs”).
Parties intending to file applications for TROs or other emergency relief must send all of their papers (in text-searchable PDF format) to the Court by email. The email should (1) include the word “URGENT” in the subject line; (2) provide a telephone number at which the party (and any other relevant parties) can be reached; and (3) provide the relevant parties’ availability for a telephone conference in the next few days. As noted above, parties should not hand-deliver any documents without advance permission.
5. Applications for Bail, Temporary Release, and Compassionate Release The Court will consider or refer to a Magistrate Judge any appropriate applications for bail under 18 U.S.C. § 3142(g) or 18 U.S.C. § 3142(f); temporary release under 18 U.S.C. § 3142(i); and compassionate release under 18 U.S.C. § 3582(c).
6. Pro Se Clinic The New York Legal Assistance Group’s Pro Se Clinic has suspended all in-person client meetings until further notice. Limited-scope legal assistance will continue to be provided, but only by appointment and only over the telephone. To schedule an appointment, call (212) 659-6190 and leave a message specifying a call-back number.

Individual Rules of Practice

INDIVIDUAL RULES & PRACTICES OF THE HON. KIMBA M. WOOD UNITED STATES DISTRICT JUDGE (Updated January 29, 2020)

Table of Contents

COMMUNICATIONS WITH CHAMBERS .................................................................... 1 Letters .............................................................................................................................. 1 ECF .................................................................................................................................. 1 Telephone Calls ............................................................................................................... 1 Faxes and Email Communications................................................................................... 2 Scheduling and Calendar Matters .................................................................................... 2 Hand Deliveries ............................................................................................................... 2 Requests for Adjournments or Extensions of Time ......................................................... 2 Related Case..................................................................................................................... 2 2. CONFERENCES ................................................................................................................. 2 Attendance by Principal Trial Counsel and Junior Lawyers ........................................... 2 Initial Case Management Conference .............................................................................. 3 Other Information ............................................................................................................ 3 3. MOTIONS ............................................................................................................................ 3 Pre-Motion Conferences in Civil Cases ........................................................................... 3 Letter Motions .................................................................................................................. 4 Discovery Motions ........................................................................................................... 4 i. Civil …………………………………………………………………………………4 ii. Criminal …………………………………………………………………………….4 Courtesy Copies ............................................................................................................... 4 Memoranda of Law .......................................................................................................... 4 Filing of Motion Papers ................................................................................................... 4 Oral Argument on Motions .............................................................................................. 5 Motions for Summary Judgment ..................................................................................... 5 56.1 Statement............................................................................................................ 5 56.1 Response. ........................................................................................................... 5 56.1 Counterstatement ............................................................................................... 5 56.1 Counterresponse ................................................................................................. 5 Multiple 56.1 Statements ........................................................................................... 6

Conference ................................................................................................................. 6 Except in pro se cases ................................................................................... 6 Default Judgments ........................................................................................................... 6 Motions to Dismiss .......................................................................................................... 6 Failure of the Court to Schedule Argument or Decide a Motion ..................................... 6 4. PRE-TRIAL SUBMISSIONS ............................................................................................. 6 Joint Pretrial Orders in Civil Cases .................................................................................. 6 Additional Required Pretrial Filings in Jury Cases.......................................................... 8 Additional Required Pretrial Filings in Non-Jury Cases ................................................. 8 Filings in Opposition........................................................................................................ 9 5. ELECTRONIC FILING UNDER SEAL IN CIVIL/MISCELLANEOUS CASES ....... 9 Sealing/Redactions Not Requiring Court Approval ........................................................ 9 Sealing/Redaction Requiring Court Approval ................................................................. 9 6. OTHER PRETRIAL GUIDANCE ................................................................................... 10 Ready Trial Date ............................................................................................................ 10 Courtesy Copies ............................................................................................................. 10 7. DIVERSITY JURISDICTION CASES ........................................................................... 11 8. SETTLEMENT AGREEMENTS..................................................................................... 11 9. BANKRUPTCY APPEALS .............................................................................................. 11 10. SPEEDY TRIAL ACT EXCLUSIONS ............................................................................ 11 11. BENEFACTOR PAYMENTS IN CRIMINAL CASES ................................................. 11 12. OTHER CONFLICTS ....................................................................................................... 11 13. SENTENCING ................................................................................................................... 11 Sentencing Adjournments .............................................................................................. 11 Sentencing Submissions................................................................................................. 12 Public Filing ................................................................................................................... 12 Paper Filing. ............................................................................................................. 12 ECF Filing ................................................................................................................ 12 Letters ............................................................................................................................ 12 Privacy Policy ................................................................................................................ 12 Redactions ...................................................................................................................... 12 Redactions Not Requiring Court Approval.............................................................. 12 Redactions Requiring Court Approval..................................................................... 13

14. POLICY ON THE USE OF ELECTRONIC DEVICES ............................................... 13 Mobile Phones and Personal Electronic Devices ........................................................... 13 Computers, Printers or Other Electronic Equipment ..................................................... 13

Chambers United States District Court Southern District of New York 500 Pearl Street, Room 2540 New York, NY 10007 Telephone: (212) 805-0258 Fax: (212) 805-7900 Email: woodnysdchambers@nysd.uscourts.gov Courtroom United States District Court Southern District of New York 500 Pearl Street, Courtroom 26A Sara Tomasello, Law Clerk / Deputy (212) 805-0125

Unless otherwise ordered by Judge Wood, matters before Judge Wood shall be conducted as follows:

1. COMMUNICATIONS WITH CHAMBERS Letters Except as provided below, communications with Chambers should be by letter, which shall not exceed three (3) pages in length, with copies simultaneously provided to all counsel. Unless there is a request to file a letter under seal or a letter contains sensitive or confidential information, letters should be filed electronically on ECF in accordance with the S.D.N.Y. “Electronic Case Filing Rules and Instructions.” When a letter is accompanied by attachments exceeding ten (10) pages in length, the submitting party shall both file the letter on ECF and deliver a hard copy to Chambers by mail or hand delivery. No electronically filed letter shall be sent to the Court by mail unless it has an attachment greater than ten (10) pages. In such cases, counsel should ensure that the courtesy copy is a copy of the filed version of the letter and includes the automatically generated ECF header (that is, the text - e.g., “Case 1:18-CV-01234-ABC Document 100 Filed 01/1/18 Page 1 of 1” - appearing at the top of each page of a document on the ECF system). Copies of correspondence between counsel shall not be sent to the Court (except as exhibits to an otherwise properly filed document).
   ECF In accordance with the Electronic Case Filing Rules and Instructions, counsel are required to register promptly as ECF filers and to enter an appearance in the case. The pertinent instructions are available on the Court website, at http://www.nysd.uscourts.gov/ecf_filing.php. 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. Telephone Calls For criminal scheduling and calendar matters, call Law Clerk / Deputy, Sara Tomasello at (212) 805-0125. Otherwise, telephone calls to Chambers are permitted only in situations requiring immediate attention. In such situations, call Chambers at (212) 805-0258.

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]). 2. CONFERENCES Attendance by Principal Trial Counsel and Junior Lawyers The attorney who will serve as principal trial counsel must appear at all conferences with the Court. Opportunities to train junior lawyers in courtroom skills have become increasingly rare. Accordingly, where junior lawyers are familiar with the matter under consideration, but are not experienced in arguing before a court, they should be encouraged to actively participate. In such circumstances, where it creates an opportunity

for a junior lawyer to argue, this Court is amenable to permitting more than one lawyer to argue for 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. 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.

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) 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

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, 2017. Smith Affidavit ¶ 3; Hays Deposition at 25.”

56.1 Response. The party intending to oppose the prospective motion for summary judgment (the “opposing party”) must submit a response to the moving party’s 56.1 Statement (a “56.1 Response”). The 56.1 Response must contain numbered paragraphs tracking those in the 56.1 Statement; each numbered paragraph in the 56.1 Response must address the allegations made in the identically numbered paragraph of the 56.1 Statement. Each paragraph must state what aspects of the moving party’s allegation are admitted, what are disputed, and the basis for any dispute, citing specifically the portion(s) of the evidentiary record relied upon. For example, “Ms. Jones was in New York City at all times during the month of July 2017. Jones Affidavit ¶ 8; Walsh Deposition at 50-53.” The opposing party must respond to all of the allegations in the moving party’s 56.1 Statement. Lack of relevance is not a valid reason for refusing to agree that a fact is not “in dispute.” Each assertion must be a factual assertion, not a legal assertion.

56.1 Counterstatement. An opposing party wishing to make additional factual allegations, beyond those made by the moving party in the 56.1 Statement and responded to by the opposing party in the 56.1 Response, may do so by including those additional factual allegations at the end of a 56.1 Response (a “56.1 Counterstatement”). The first paragraph containing a new allegation must be numbered consecutively to follow the last number used in the moving party’s 56.1 Statement and the opposing party’s 56.1 Response. For example, if the moving party’s 56.1 Statement and the opposing party’s 56.1 Response ended at paragraph 50, the opposing party’s 56.1 Counterstatement would begin at paragraph 51.

56.1 Counterresponse. If an opposing party chooses to make additional factual allegations in a 56.1 Counterstatement, the moving party must file a response to

the opposing party’s 56.1 Counterstatement (a “56.1 Counterresponse”). The Counterresponse must conform to the guidelines for a 56.1 Response above.

Multiple 56.1 Statements. If multiple parties are submitting 56.1 Statements, they must coordinate their statements to ensure that all paragraphs making assertions regarding a particular fact are identically numbered.

Conference. Upon receipt and review of all 56.1 Statements, Responses, Counterstatements, and Counterresponses, the Court may schedule a conference to discuss, informally, the merits of the motion.

Except in pro se cases, the moving party shall provide all others parties with an electronic copy of the moving party’s 56.1 Statement.

Except in pro se cases, the parties shall provide the Court with an electronic, text- searchable courtesy copy of any hearing or deposition transcription upon which the parties rely, if such a copy is available, unless doing so would be unduly burdensome. Parties should provide these materials on a CD only, not on a DVD or USB drive and not by email. Default Judgments A party seeking a default judgment must proceed by way of an Order to Show Cause pursuant to the procedure set forth in Attachment A. Motions to Dismiss When a motion to dismiss is filed, the non-moving party must, within fourteen (14) days of receipt of the motion, notify the Court and its adversary in writing whether (i) it intends to file an amended pleading and when it shall do so, or (ii) it will rely on the pleading being attacked. This Rule does not alter the time to file a response provided by the Federal and Local Rules. If the plaintiff amends its pleading, the defendant must, within fourteen (14) days of service of the amended complaint: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court and the plaintiff stating that it relies on the previously filed motion to dismiss. Failure of the Court to Schedule Argument or Decide a Motion If a motion is not decided within sixty (60) days of the time that it has become fully briefed and submitted, counsel for the movant shall send a letter to alert the Court. 4. PRE-TRIAL SUBMISSIONS Joint Pretrial Orders in Civil Cases Unless otherwise specified by the Court, within thirty (30) days after the close of discovery or, if any dispositive motion is filed, within three (3) weeks from the Court’s decision on such motion, the parties shall submit a proposed joint pretrial order by email to Chambers inbox. The proposed joint pretrial order shall include the information required by Fed. R. Civ. P.26(a)(3) and the following:

the full caption of the action;

the names, law firms, street addresses, email addresses and telephone and fax numbers of trial counsel;

a statement as to whether or not all parties have consented to trial by a magistrate judge, without identifying which parties do or do not consent;

a statement as to the number of trial days needed and as to whether the case is to be tried with or without a jury;

a brief statement by the plaintiff as to the basis of subject matter jurisdiction, and a brief statement by each other party as to the presence or absence of subject matter jurisdiction. Such statements shall include citations to all statutes relied on and relevant facts as to citizenship or jurisdictional amount;

a brief summary by each party of the claims and defenses that the party asserts remain to be tried, including citations to any statutes on which the party relies.
Such summaries shall also identify all claims and defenses previously asserted that are not to be tried. The summaries should not recite any evidentiary matter;

any stipulations or agreed statements of fact or law to which all parties consent;

a list of all trial witnesses, indicating whether such witnesses will testify in person or by deposition, and a brief summary of the substance of each witness’s testimony;

a designation by each party of deposition testimony to be offered in its case in chief and any counter-designations and objections by any other party. The designation shall be made on the transcripts of a copy of each deposition: (1) plaintiff’s designation highlighted in YELLOW; (2) defendant’s designation highlighted in BLUE; (3) plaintiff’s counter-designation highlighted in RED; (4) defendant’s counter-designation highlighted in GREEN;

a list by each party of exhibits to be offered in its case in chief, with an indication by exhibit number or letter as to whether any party objects to the exhibit. The party objecting must include a brief statement that makes clear the basis for its objection and provide any necessary supporting authority;

all documentary exhibits submitted to the Court shall be in 3-hole punched binders no more than 1 1/2” thick each. Each exhibit shall be pre-marked (numbers for plaintiff; letters for defendant);

a statement of the damages claimed and any other relief sought, including the manner and method used to calculate any claimed damages and a breakdown of the elements of such claimed damages; and

a statement of whether the parties consent to less than a unanimous verdict. Additional Required Pretrial Filings in Jury Cases With the Joint Pretrial Order, each party shall:

file and serve motions addressing any evidentiary issues or other matters which should be resolved in limine;

file and serve a pretrial memorandum of law, when a party believes it would be useful to the Court; and

file joint proposed voir dire questions, a verdict form, and proposed jury instructions. These joint submissions shall consist of single documents, jointly composed, noting by red-lining any areas of disagreement between the parties.
Each jury instruction shall be followed by citations, if available, to the authorities from which it derives. These documents should also be submitted by email to Chambers inbox in Microsoft Word format. Additional Required Pretrial Filings in Non-Jury Cases Each party shall file and serve with the Joint Pretrial Order:

copies of affidavits constituting the direct testimony of each trial witness, except for the direct testimony of an adverse party, a person whose attendance is compelled by subpoena, or a person from whom the Court has agreed to hear direct testimony live at the trial. Three (3) business days after submission of such affidavits, counsel for each party shall submit a list of all affiants whom he or she intends to cross-examine at the trial. Only those witnesses who will be cross- examined need to appear at trial. The original signed affidavits should be brought to trial to be marked as exhibits;

motions addressing any evidentiary issues or other matters which should be resolved in limine;

a pretrial memorandum of law, when a party believes it would be useful to the Court;

proposed findings of fact and conclusions of law. The proposed findings of fact must be detailed and include citations to the proffered trial testimony and exhibits.
These documents should also be submitted by email to Chambers inbox;

submit to the Court and serve on opposing counsel, but not file on ECF, all deposition excerpts which will be offered as substantive evidence, as well as a one-

page synopsis of those excerpts for each deposition. Each synopsis shall include page citations to the pertinent pages of the deposition transcripts; and

submit to the Court and serve on opposing counsel, but not file on ECF, all documentary exhibits, pre-marked (numbers for plaintiff, letters for defendant). Filings in Opposition Any party may file the following documents in opposition. These documents shall be filed no later than three (3) days after the filing of the pretrial order.

objections to another party’s requests to charge or proposed voir dire questions;

opposition to any motion in limine; and

opposition to any legal argument in a pretrial memorandum. 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 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 sought 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 redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion. To be approved, any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must be otherwise consistent with the presumption in favor of public access to judicial documents. See, e.g., Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). In general, the parties’ consent or the fact that information is subject to a confidentiality agreement between litigants is not, by itself, a valid basis to
overcome the presumption in favor of public access to judicial documents. See, e.g., In re Gen. Motors LLC Ignition Switch Litig., No. 14-MD-2543(JMF), 2015 WL 4750774, at *4 (S.D.N.Y. Aug. 11, 2015). The party seeking leave to file sealed or redacted materials should meet and confer with any opposing parties (or third parties seeking confidential treatment of the information, if any) in advance to narrow the scope of the request. When a party seeks leave to file sealed or redacted materials on the ground that an opposing party or third party has requested it, that party shall notify the opposing party or third party that it must file, within three days, a letter explaining the need to seal or redact the materials. Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper. 6. OTHER PRETRIAL GUIDANCE Ready Trial Date A case will be deemed Ready for Trial on the date the parties submit the Joint Pretrial Order. At any time after the Ready Trial date, the Court may call the parties to trial upon forty-eight (48) hours’ notice. No adjournment of that trial date will be permitted, unless counsel has faxed or emailed to Chambers an affidavit stating that he or she is engaged in trial in another court.
Courtesy Copies One set of all documents identified in this Section shall be submitted to Chambers on the date on which they are to be served or filed on ECF. Materials over five (5) pages must be organized in loose leaf binders.

7. DIVERSITY JURISDICTION CASES In any action in which subject matter jurisdiction is founded on diversity of citizenship pursuant to 28 U.S.C. § 1332, the party asserting the existence of such jurisdiction shall, prior to the Initial Pretrial Conference, file on ECF a letter no longer than two (2) pages explaining the basis for the party’s belief that diversity of citizenship exists. Where any party is a corporation, the letter shall state both the place of incorporation and the principal place of business. In cases where any party is a partnership, limited partnership, limited liability company, or trust, the letter shall state the citizenship of each of the entity’s members, shareholders, partners, and/or trustees.

8. SETTLEMENT AGREEMENTS The Court will not retain jurisdiction to enforce confidential settlement agreements. If the parties wish for the Court to retain jurisdiction to enforce a settlement agreement, the parties must place the terms of their agreement on the public record. The parties shall file a copy of the settlement agreement for the Court to endorse.

9. BANKRUPTCY APPEALS Briefs must be submitted in accordance with Fed. R. Bankr. P. 8015-18. Counsel may seek to extend these dates by joint request submitted to the Court no later than two (2) business days before the brief is due.

10. SPEEDY TRIAL ACT EXCLUSIONS It shall be the duty of the prosecutor to prepare and submit to the Court a proposed Speedy Trial Act Exclusion Order five (5) days before the expiration of any previously excluded time.

11. BENEFACTOR PAYMENTS IN CRIMINAL CASES Defense counsel, in all criminal cases, are required to ask the Court, at the first conference, to hold a Curcio hearing whenever counsel has received, or is receiving, a benefactor payment that subjects counsel to a potential conflict of interest.

12. OTHER CONFLICTS Counsel have an obligation to promptly inform the Court upon learning of any other conflict of interest, whether a potential or an actual conflict, and to request a Curcio hearing if appropriate.

13. SENTENCING Sentencing Adjournments Any request for an adjournment of a sentencing should be made as early as possible, and no later than 72 hours before the sentencing proceeding.

Sentencing Submissions Unless otherwise ordered by the Court, a defendant’s sentencing submission shall be served two (2) weeks in advance of the date set for sentencing; defendant’s sentencing submission shall include as an Exhibit any Plea Agreement. The Government’s sentencing submission shall be served one (1) week in advance of the date set for sentencing. The parties should provide the Court with one courtesy hard copy of each submission when it is served. Public Filing Every document in a sentencing submission, including letters, must be filed in the public record either in paper form or through the ECF system, using one of the following two (2) procedures:

Paper Filing. If letters are filed as hard copies, a party shall group all letters together in a single paper filing under a cover marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated and submit it to the Clerk’s Office. The party should provide the Court with a courtesy hard copy.

ECF Filing. If the letters are filed electronically, they must be grouped and filed together as attachments to a single document and marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated. The party should provide the Court with a courtesy hard copy. Letters The defendant is responsible for filing all letters submitted on behalf of the defendant, including those from friends and relatives. The Government is responsible for filing all letters from victims. Privacy Policy The parties are referred to the E-Government Act of 2002 and the Southern District’s ECF Privacy Policy (“Privacy Policy”) and reminded not to include, unless necessary, the five categories of “sensitive information” in their submissions (i.e., Social Security numbers, names of minor children [use the initials only], dates of birth [use the year only], financial account numbers, and home addresses [use only the City and State]). Redactions If any material is redacted from a publicly filed document, only those pages containing the redacted material will be filed under seal. An unredacted copy of the document should be sent to Chambers inbox. Bring a complete copy of those pages to the sentencing proceeding, marked to indicate what information has been redacted from the publicly filed materials, to give to the Court for filing under seal.

Redactions Not Requiring Court Approval. Parties may redact the five categories of “sensitive information” and the six categories of information

requiring caution (i.e., personal identifying number, medical records, treatment and diagnosis, employment history, individual financial information, proprietary or trade secret information, and information regarding an individual’s cooperation with the government), as described in the Privacy Policy, without Court approval.

Redactions Requiring Court Approval. If a party redacts information beyond the eleven categories of information identified in the Privacy Policy, an application to do so must be served and filed at the time the sentencing submission is served.
The application should clearly identify the redaction and explain the reason for the redaction, and, if applicable, the date or event after which sealing is no longer needed. The application will be addressed at the sentencing proceeding. 14. POLICY ON THE USE OF ELECTRONIC DEVICES Mobile Phones and Personal Electronic Devices Attorneys’ use of mobile phones, Blackberries, and other personal electronic devices within the Courthouse and its environs is governed by Standing Order M10-468. Any attorney wishing to bring a telephone or other personal electronic device into the Courthouse must be a member of this Court’s Bar, must obtain the necessary service pass from the District Executive’s Office, and must show the service pass upon entering the Courthouse. Mobile phones are permitted inside the Courtroom, but must be kept turned off at all times. Non-compliance with this rule will result in forfeiture of the device for the remainder of the proceedings. Computers, Printers or Other Electronic Equipment In order for an attorney to bring into the Courthouse any computer, printer, or other electronic equipment not qualifying as a “personal electronic device”, as defined in Standing Order M10-468, specific authorization is required by prior Court Order. Any party seeking to bring such equipment into the Courthouse shall submit an Electronic Device Order, available at http://www.nysd.uscourts.gov/file/forms/standing-order- electronic-devices-form, to Chambers at least ten (10) business days in advance of the relevant trial or hearing requesting permission to use such equipment. The request letter shall identify the type(s) of equipment to be used and the name(s) of the attorney(s) who will be using the equipment. Chambers will coordinate with the District Executive’s Office to issue the Order and forward a copy to counsel. The Order must be shown upon bringing the equipment into the Courthouse.

ATTACHMENT A Default Judgment Procedure

Prepare an Order to Show Cause for default judgment and make the Order returnable before Judge Wood in Courtroom 26A. Leave blank the date and time of the conference.
Judge Wood will set the date and time when she signs the Order. 2. Attach the following papers to the Order to Show Cause:

attorney’s affidavit setting forth:

why a default judgment is appropriate, including a description of the method and date of service of the original summons and complaint;

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

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

legal authority for why an inquest would be unnecessary.

a proposed default judgment;

copies of all of the pleadings;

a copy of the affidavit of service of the original summons and complaint; and

if failure to answer is the basis for the default, a Certificate from the Clerk of the Court stating that no answer has been filed. 3. Take the Order to Show Cause with the attachments to the Orders and Judgments Clerk, for approval. 4. After the Clerk approves the Order to Show Cause, bring the papers to Chambers 2540, 500 Pearl Street, for the Judge’s signature. 5. After the Judge signs the Order, make two conforming copies of the Order and the attachments. Leave one copy with Chambers, and serve one copy on the defendant. 6. Prior to the return date, file the original Order to Show Cause in the Clerk’s Office, Records Management Office, Room 370, together with an affidavit of service on the defendant of a conformed copy of the Order. 7. Prior to the return date, take the proposed judgment, separately backed, to the Clerk’s Office in Room 120, 500 Pearl Street, and get the Clerk’s approval. The proposed judgment, including all damage and interest calculations, must be approved by the Clerk prior to the conference and then brought to the conference for the Judge’s signature.

Model Discovery Plan

MODEL DISCOVERY PLAN1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------X _____________________________,

Plaintiff(s),

-against- _____________________________,

Defendant(s). --------------------------------------------------------X ___ CIV. ______ (KMW) DISCOVERY PLAN Pursuant to Federal Rule of Civil Procedure 26(f), during a conference on ___________ between counsel for plaintiff _____________________________ (plaintiff’s name) and counsel for defendant _____________________________ (defendant’s name), counsel for the parties discussed and agreed to the following discovery plan:
(1) The parties shall exchange the initial disclosures required under Federal Rule of Civil Procedure 26(a)(1) no later than __________________.2
(2) Both plaintiff and defendant shall serve their first request for production of documents, pursuant to Federal Rule of Civil Procedure 34, no later than _________. (3) Both plaintiff and defendant shall serve their notices of deposition, pursuant to Federal Rule of Civil Procedure 30, no later than _________. Plaintiff anticipates deposing: (a) __________________; (b) __________________; and (c) __________________. Defendant anticipates deposing: (a) __________________; (b) __________________; and (c) __________________. (4) Depositions of the parties shall commence after __________________, at mutually convenient dates and times, without prejudice to either party conducting a non-party deposition beforehand at a mutually convenient date, time and place.
(5) Both plaintiff and defendant shall serve subpoenas upon any third-party witnesses no

1 The Court recognizes that discovery plans will vary in accordance with the needs of the parties. This Model Discovery Plan is intended only to guide the parties in developing more individualized plans. 2 Fed. R. Civ. P. 26 provides that “[a] party must make the initial disclosures at or within 14 days after the parties’ Rule 26(f) conference unless a different time is set by stipulation or court order, or unless a party objects during the conference that initial disclosures are not appropriate in the circumstances of the action and states the objection in the proposed discovery plan.” Fed. R. Civ. P. 26(a)(1)(C).

later than __________________, seeking the production of documents and/or depositions.
(6) Plaintiff shall serve its expert’s report upon defendants, pursuant to Federal Rule of Civil Procedure 26(a)(2), no later than __________________.3 The report shall set forth a complete statement of all opinions the witness will express, the facts on which the witness relies, and the process of reasoning by which the witness’s conclusions are reached, and must otherwise comply with the requirements of Federal Rule of Civil Procedure 26(a)(2)(B). (7) Defendant shall serve its expert’s rebuttal report upon plaintiff, pursuant to Federal Rule of Civil Procedure 26(a)(2), no later than __________________.4
(8) Depositions of the experts shall begin in time to be completed no later than __________________ for plaintiff’s expert and __________________ for defendant’s expert. (9) All discovery shall be completed by __________________.
(10) The parties may seek to schedule additional discovery as necessary, so long as it is completed by __________________ (same date as appears in (9) above). Signed: Plaintiff: ___________________________ Defendant: ___________________________ [Plaintiff’s Name]

[Defendant’s Name]

[Attorney’s Printed Name]

[Attorney’s Printed Name]

[Attorney’s Signature]

[Attorney’s Signature]

SO ORDERED.

Dated: New York, New York

KIMBA M. WOOD United States District Judge

3 “Absent a stipulation or court order, the [expert] disclosures must be made at least 90 days before the date set for trial or for the case to be ready for trial.” Fed. R. Civ. P. 26(a)(2)(D). 4 “[I]f the evidence is intended solely to contradict or rebut evidence on the same subject matter identified by another party under Rule 26(a)(2)(B) or (C), [such rebuttal shall be made] within 30 days after the other party’s disclosure.” Fed. R. Civ. P. 26(a)(2)(D). SIGN SIGN

RICO Statement

INSTRUCTIONS FOR FILING RICO STATEMENT All parties asserting claims pursuant to the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1961, must file and serve upon the opposing party a RICO Statement in the following form within twenty days of filing the pleading asserting the RICO claim. The RICO Statement shall include the facts the party is relying upon to assert the RICO claim as a result of the "reasonable inquiry" required by Rule 11, Fed.R.Civ.P. The Statement shall be in a form that uses the numbers and letters set forth below, and shall state the following information in detail. 1. State whether the alleged unlawful conduct is in violation of 18 U.S.C. §§ 1962(a), (b), (c), and/or (d). 2. List each defendant and state the alleged misconduct and basis of liability of each defendant. 3. List the alleged wrongdoers, other than the defendants, and state the misconduct of each wrongdoer. 4. List the alleged victims and state how each victim was allegedly injured. 5. Describe in detail the pattern of racketeering activity or collection of unlawful debts alleged for each RICO claim. The description of the pattern of racketeering shall include the following information: (a) List the alleged predicate acts and the specific statutes that were allegedly violated; (b) Provide the dates of, the participants in, and a description of the facts surrounding the predicate acts; (c) If the RICO claim is based on the predicate offenses of wire fraud, mail fraud, or fraud in the sale of securities, the "circumstances constituting fraud or mistake shall be

stated with particularity." Fed.R.Civ.P. 9(b). Identify the time, place and contents of the alleged misrepresentations, and the identity of persons to whom and by whom the alleged misrepresentations were made; (d) State whether a predicate act is based upon a criminal conviction; (e) State whether civil litigation has resulted in a judgment with regard to the predicate acts; (f) Describe how the predicate acts form a "pattern of racketeering activity"; and (g) State whether the alleged predicate acts relate to each other as part of a common plan. If so, describe in detail. 6. Describe in detail the alleged enterprise for each RICO claim. A description of the enterprise shall include the following information: (a) State the names of the individuals, partnerships, corporations, associations, or other legal entities that allegedly constitute the enterprise; (b) Describe the structure, purpose, function and course of conduct of the enterprise; (c) State whether any defendants are employees, officers or directors of the alleged enterprise; (d) State whether any defendants are associated with the alleged enterprise; (e) State whether you are alleging that the defendants are individuals or entities separate from the alleged enterprise, or that the defendants are the enterprise itself, or members of the enterprise; and (f) If any defendants are alleged to be the enterprise itself, or members of the enterprise, explain whether such defendants are perpetrators, passive instruments, or victims of the alleged racketeering activity. 7. State and describe in detail whether you are alleging that the pattern of

racketeering activity and the enterprise are separate or have merged into one entity. 8. Describe the alleged relationship between the activities of the enterprise and the pattern of racketeering activity. Discuss how the racketeering activity differs from the usual and daily activities of the enterprise, if at all. 9. Describe what benefits, if any, the alleged enterprise receives from the alleged pattern of racketeering. 10. Describe the effect of the activities of the enterprise on interstate or foreign commerce. 11. If the complaint alleges a violation of 18 U.S.C. § 1962(a), provide the following information: (a) State who received the income derived from the pattern of racketeering activity or through the collection of an unlawful debt; and (b) Describe the use or investment of such income. 12. if the complaint alleges a violation of 18 U.S.C. § 1962(b), describe in detail the acquisition or maintenance of any interest in or control of the alleged enterprise. 13. If the complaint alleges a violation of 18 U.S.C. § 1962(c): (a) State who is employed by or associated with the enterprise, and (b) State whether the same entity is both the liable "person" and the "enterprise" under § 1962(c). 14. If the complaint alleges a violation of 18 U.S.C. § 1962(d), describe in detail the alleged conspiracy. 15. Describe the alleged injury to business or property. 16. Describe the direct causal relationship between the alleged injury and the violation of the RICO statute. 17. List the damages sustained for which each defendant is allegedly liable. 18. List all federal causes of action, if any, and provide the relevant statute

numbers. 19. List all pendent state claims, if any. 20. Provide any additional information potentially helpful to the Court in adjudicating your RICO claim.

Scheduling Order

1/11/2019 Version UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------X _____________________________,

Plaintiff(s),

-against- _____________________________,

Defendant(s). -------------------------------------------------------X ___ Civ. _______ (KMW) SCHEDULING ORDER

APPEARANCES: Plaintiff(s) by:

Defendant(s) by:

KIMBA M. WOOD, United States District Judge: It is hereby ordered that: 1. Pleadings and Parties. Except for good cause shown – (1) No additional parties may be joined after _____________.
(2) No additional causes of action or defenses may be asserted after _____________.
If the parties do not anticipate the joinder of any additional parties or the assertion of any additional causes of action or defenses, then the parties should insert above the date of the Initial Conference. Otherwise, the Court expects that all parties will be joined and all causes of action and defenses will be asserted within 90 days of the Initial Conference.

Initial Disclosures. Initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) shall be completed no later than _____________. This date must be no more than 14 days

following the Initial Conference.

Discovery. Except for good cause shown, all discovery shall be commenced in time to be completed by _____________. The Court expects discovery to be completed within 90 days of the Initial Conference. In the event that the parties believe that additional time is needed, the parties shall request an extension from the Court, by joint letter, and shall accompany that request with a proposed Amended Scheduling Order, with the extension not to exceed 60 days. Any further extensions will be given only after a showing of good cause that additional time is needed. See Fed. R. Civ. P. 16(b)(4).

Motions. Except for good cause shown, no motions shall be filed or heard after _____________. The parties may satisfy this deadline through the submission of a letter to the Court requesting a pre-motion conference. The Court expects that all motions will be filed or heard within 21 days of the completion of discovery.

Pretrial Order. A proposed joint pretrial order shall be submitted by _____________.
Unless otherwise specified by the Court, this date must be within thirty (30) days after the close of discovery or, if any dispositive motion is filed, within three (3) weeks from the Court’s decision on such motion, the parties shall submit a proposed joint pretrial order via ECF. The proposed joint pretrial order shall conform to the Court’s Individual Rules of Practice, available online at http://nysd.uscourts.gov/judge/Wood.

Additional Required Pretrial Filings in Jury Cases: In a case to be tried to a jury, the parties must, by the date the joint proposed pretrial order is due: (1) file and serve motions addressing any evidentiary issues or other matters which should be resolved in limine; (2) file and serve a pretrial memorandum of law, when a party believes it would be useful to the Court; and (3) file joint proposed voir dire questions, a verdict form, and proposed jury instructions. These joint submissions shall conform to the Court’s Individual Rules of Practice, available online at http://nysd.uscourts.gov/judge/Wood.

Ready Trial Date. A case will be deemed Ready for Trial on the date the parties submit the Joint Pretrial Order. At any time after the Ready Trial date, the Court may call the parties to trial upon forty-eight (48) hours’ notice. No adjournment of that trial date will be permitted, unless counsel has faxed or emailed to Chambers an affidavit stating that he or she is engaged in trial in another court. Therefore, counsel must notify the Court and their adversaries in writing of any potential scheduling conflicts, including, but not limited to, trials and vacations, that would prevent at trial on a particular date. Such notice must come before counsel are notified by the Court of an actual trial date, not after. Counsel should notify the Court and all other counsel in writing, at the earliest possible time of any particular scheduling problems involving out-of-town witnesses or other exigencies.

Jury or Non-Jury Trial. Please indicate whether this case will be tried by a jury by checking one of the following:

Jury _____

Non-jury ____

Estimated trial time. Estimated trial time, in hours, is _____________.

Final Pretrial Conference. The Court will schedule a final pretrial conference in jury cases after the parties have filed their joint pretrial order. Non-jury cases will be referred to the designated Magistrate Judge for settlement after the joint pretrial order has been signed.

Mediation. Please indicate whether counsel for the parties have discussed the merits of mediation in regard to this action and wish to employ the free mediation services proved by this Court: Yes ___ No ____

Trial Before Magistrate Judge. The parties have the option of trying this action before the Magistrate Judge assigned to this case. See 28 U.S.C. § 636(c). Such a trial would be identical to a proceeding before this Court in all respects, and the judgment would be directly appealable to the Second Circuit Court of Appeals. Given the nature of this Court’s criminal docket, it is more likely that electing to proceed before the Magistrate Judge would result in the parties receiving a firm trial date. However, the parties are free to withhold consent without adverse substantive consequences.

Communications to the Court. All communications to the Court and all filed papers must identify the name and docket number of the case, followed by the Judge’s initials (KMW), contain the writer’s name, party’s name, law firm (if any), business address and telephone number, and be signed by the individual attorney responsible for the matter (unless the party is proceeding pro se). Any letter to the Court must state the manner in which the letter was served on all other counsel.

Individual Rules and Trial Procedures. The Court’s Individual Rules and Trial Procedures are available at http://nysd.uscourts.gov/ judge/Wood.

Amendments to Scheduling Order. If either party wishes to change the dates set forth in this Scheduling Order, it must submit a written request to the Court that complies with § 1.G of Judge Wood’s Individual Rules of Practice.

Signed: Plaintiff: ___________________________ Defendant: ___________________________ [Plaintiff’s Name]

[Defendant’s Name]

[Attorney’s Printed Name]

[Attorney’s Printed Name]

[Attorney’s Signature]

[Attorney’s Signature]

SO ORDERED.

Dated: New York, New York

KIMBA M. WOOD United States District Judge

SIGN SIGN

Trial Procedures and Jury Selection

TRIAL PROCEDURES
THE HON. KIMBA M. WOOD UNITED STATES DISTRICT JUDGE (Updated October 1, 2019)

Chambers United States District Court Southern District of New York 500 Pearl Street, Room 2540 New York, NY 10007 Telephone: (212) 805-0258 Fax: (212) 805-7900 Email: woodnysdchambers@nysd.uscourts.gov Courtroom United States District Court Southern District of New York 500 Pearl Street, Courtroom 26A Sara Tomasello, Law Clerk / Deputy (212) 805-0125

Unless otherwise ordered by Judge Wood, trials before Judge Wood shall be conducted as follows:

Schedule. Trials will generally be conducted Monday through Friday from 9:00 a.m. to 2:30 p.m., with one short break from approximately 11:30 a.m. to noon.
Jury Selection. Jurors will be selected by the struck panel method, as described in Attachment A. Pre-Trial Issues. Pre-trial issues previously raised, but not disposed of, will be resolved at trial. However, it is the responsibility of counsel to bring them to the attention of the Court. Trial Practices. Counsel shall abide by the following rules and practices with respect to witnesses, the handling of exhibits, and making objections:

Do not run out of witnesses. Witnesses will be taken out of order if the next witness is unavailable. Failure to have witnesses available during trial may result in preclusion of their testimony.

The day before any trial day, by 3:00 p.m., counsel shall exchange witness lists for the next day, with two copies to the Court showing the sequence of the witnesses and the estimated time for direct examination.

Any document that counsel wishes to have the Court examine must first be served on opposing counsel.

Exhibits must be pre-marked. Each party must provide the Court two copies of its final exhibit list and two identical tabbed notebooks containing copies of the pre- marked exhibits, assembled sequentially. Notebooks may not be wider than two inches.

Each party must keep track of its own exhibits. While an exhibit is being used, it may be left in the possession of the Courtroom Deputy.

Exhibits that contain inadmissible extraneous matter should be redacted prior to trial. Surplus writing on the back of photographs, etc., should be obscured.

Neither counsel nor a witness may read from exhibits not in evidence. Upon obtaining leave of the Court, counsel may pass to the jury or read from exhibits that are in evidence. Enlarged copies may be used with prior permission.

At the end of the trial, all exhibits received in evidence, except for dangerous items such as narcotics, will be sent into the jury room at the commencement of jury deliberations. Counsel are responsible to see that the items sent to the jury are genuine and actually have been received in evidence. Counsel must also, at the close of the evidence, make sure that all exhibits received in evidence are arranged in number order, in a cart to be taken into the jury room. In a criminal trial, a redacted copy of the Indictment containing only those matters being submitted for verdict will be sent into the jury room. Copies of the Jury Charge will also be sent into the jury room. If counsel wish to review those copies before they are sent in, they should ask to do so.

Only one lawyer may make objections at any one time. Co-counsel may whisper or pass notes regarding how to conduct an examination and when to object.

Objections are to be limited to “objection” and the number of the Federal Rule of Evidence relied upon (e.g., “Objection; Rule 403.”). Counsel should not state or argue grounds of objections in the presence of the jury unless asked to by the Court. If counsel is not satisfied with the ruling, he or she should raise it at the next recess. If the matter cannot wait for a recess, then counsel should send a note to the Courtroom Deputy stating the objection and why it needs to be resolved before the next recess.

The Court strongly disfavors side bar conferences; counsel should save for a recess any matters that do not require immediate resolution.
Conduct of Counsel during Trial. Unless excused by the Court or incapable on account of disability, all counsel (including, where the context applies, all persons at counsel table) shall abide by the following rules and practices:

Attorneys speaking on the record must stand.

Decorum should be observed at all times. Rudeness and shouting are not tolerated.

There is to be no cross-discussion on the record. Any attorney is free at any time, without asking leave, to walk to opposing counsel’s table to confer privately with opposing counsel. Such discussion shall not be audible to the jury.

Offers to stipulate shall not be made in the presence of the jury, unless they have previously been agreed to by the attorneys in the absence of the jury. Stipulations may be oral, but preferably should be in writing and received as an exhibit.

Questions and arguments are delivered from the lectern.

Witnesses should receive respect and common courtesy.

If counsel is standing near the witness for the purpose of pointing something out on an exhibit, opposing counsel may also approach the witness (without asking the Court’s permission) to observe first-hand what is being pointed out. Counsel should not stand between the witness and the jury.

Questions that constitute speeches on the part of counsel are forbidden.

Questions that begin with “Didn’t you testify” or “You testified” or “I believe you testified” are usually inappropriate. Whatever the witness testified to, the jury has already heard, and such questions will usually violate Fed. R. Evid. 403. Only after an inconsistent answer has been given is it permissible to remind the witness of his or her prior testimony.

Counsel are not to comment on the substance or validity of the witness’s answer.
All such comments should be reserved for summation.

Compound questions should be avoided.

An opening statement should be a concise representation to the jury of the facts that your side of the case expects to prove, or the position as to facts that the other side has undertaken to prove, unless the Court has approved a particular statement of the law. It is not a time for an appeal to emotion or prejudice. The contemporaneous objection requirement applies to opening and closing statements.

A closing argument should be limited to the evidence and the ultimate factual conclusions or inferences that the speaker wished to have the jury accept or reject.
As required by Fed. R. Crim. P. 30 or Fed. R. Civ. P. 51, the Court will explain its proposed jury charge to counsel before closing arguments. The Court reserves the right to comment on any improper or unfounded red herring argument made during summation, when the jury is charged.

The Court usually permits the jurors to select the foreperson; counsel should thus refrain from addressing juror number 1 as “Mr. Foreman” or “Madam Forewoman.” Court Reporter. Please respect the Court Reporter’s function.

Counsel must provide the Court Reporter with a list of witnesses at the start of trial. In addition, if the spelling of people, places, or things is unusual, counsel must provide a list of such words to the Court Reporter.

Speak distinctly; do not speak while someone else is speaking. Do not speak so fast that the Court Reporter has difficulty keeping up with the speaker.

When referring to an exhibit, counsel should identify the exhibit by number or letter so that the record is clear as to what is being discussed.

Answers given by a witness relating to distances in the Courtroom, or objects before the witness, should be clarified by counsel for the record, so that the transcript will convey a clear report of what took place at trial.

If a document is to be read, the proponent of the document should hand the Court Reporter a copy of the document before having it read into the record. The reader should proceed slowly enough for the court reporter to record what is being said.
Depositions are to be read by stating the word “Question” and then reading the question, then stating the word “Answer” and reading the answer. Post-Trial Procedures. Post-verdict motions must be made within the time permitted by the Federal Rules of Civil Procedure or the Federal Rules of Criminal Procedure, whichever apply.

Updated Oct. 1 2019 ATTACHMENT A

STRUCK PANEL JURY SELECTION

The following is a description of the struck panel method by which the jury will be selected in all proceedings before Judge Wood. There are many variations on this basic technique and it is important that counsel understand exactly what procedure will be followed. The procedure requires counsel to take more careful notes and observe more panelists than under the traditional jury selection method, and hence, this memorandum.
Jurors will be seated initially in the order previously selected at random by the Jury Clerk. In a civil case, the Court will ask counsel how many jurors (between six and twelve) they believe are appropriate. See Fed. R. Civ. P. 48(a). Each side has three peremptory challenges. 18 U.S.C. § 1870. The Court will generally voir dire fifteen to twenty-five panelists.
In a criminal case, there is a twelve-person jury (with up to six alternates). Fed. R. Crim. P. 24.
In selecting the twelve-person jury, the Government has six peremptory challenges and the defendant has ten peremptory challenges. Fed. R. Crim. P. 24(b)(2). If both parties challenge the same juror, any unchallenged juror remains in the pool from which jurors are selected. For everyone to two alternate jurors impaneled, each side is permitted one additional peremptory challenge from the pool of alternates. The same will be true if there is a third or fourth alternate.
Fed. R. Crim. P. 24(c)(4). The Court will generally voir dire 32–50 panelists.
From time to time, jurors may be questioned out of the hearing of other jurors. Counsel will present to the Court any proposed questions for the Court to ask jurors, and any challenges for cause, outside the hearing of the jury panel. Any jurors excused for cause will leave, and an equal number of substitutes will be voir dired. The same procedure will then be repeated until the requisite number of panelists have been seated after the exercise of challenges for cause. The consequence of excusing any panelist is that all the remaining panelists on the list move up one slot. The Court will then adjourn to sidebar. All remaining challenges are exercised at sidebar.
Counsel must exercise all their peremptory challenges at the same time, and simultaneously with one another. Each counsel shall write on a piece of paper the names or numbers of the panelists he or she wishes to challenge, which papers will then be handed to Judge Wood. The jurors will elect their own foreperson. This selection method has a number of virtues. First, when a peremptory challenge is exercised, counsel know the consequences: i.e., who will replace the challenged panelist. The second principal virtue is that the jurors who sit never know who challenged the other panelists, and you thus avoid speculation as to why one party challenged certain panelists. Besides making the selection process more informed and less of a gamble, this system has also proved to be expeditious. In a multi-party case, it facilitates counsel conferring without awkward courtroom huddling.

View source on SDNY.uscourts.gov →