Judge Gregory H. Woods — United States District Court, Southern District of New York

Appearance Sheet Template

JUDGE GREGORY H. WOODS TELEPHONE CONFERENCE APPEARANCES DATE:
DOCKET NO.: CASE NAME:
FOR PLAINTIFF(s): FOR DEFENDANT(s): UNCOMMON WORDS / CASE NAMES

Civil Case Management Plan and Scheduling Order (Fillable)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Plaintiff(s),
-against -
Defendant(s).

X : : : : : : : : : : X

1:
-cv- -GHW CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER GREGORY H. WOODS, United States District Judge: This Civil Case Management Plan is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). 1. All parties [consent ______ / do not consent ______] to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). The parties are free to withhold consent without adverse substantive consequences. [If all parties consent, the remaining paragraphs need not be completed. Instead, the parties should submit to the Court a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge, available at https:// nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf.] 2. The parties [have ______ / have not ______] conferred pursuant to Fed. R. Civ. P. 26(f). 3. Alternative Dispute Resolution/Settlement a. Settlement discussions [have ______ / have not ______] taken place. b. Counsel for the parties have discussed an informal exchange of information in aid of early settlement of this case and have agreed upon the following:

c. Counsel for the parties have discussed the use of the following alternate dispute resolution mechanisms for use in this case: (i) a settlement conference before a Magistrate Judge; (ii) participation in the District’s Mediation Program; and/or (iii) retention of a private mediator. Counsel for the parties propose the following alternate dispute resolution mechanism for this case:

USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: _________________ DATE FILED:

d. Counsel for the parties recommend that the alternate dispute resolution mechanism designated in paragraph 3(c) be employed at the following point in the case (e.g., within the next 60 days; after the deposition of plaintiff is completed (specify date); after the close of fact discovery):

e. The use of any alternative dispute resolution mechanism does not stay or modify any date in this Order.

Except for amendments permitted by Fed. R. Civ. P. 15(a)(1) and this Court’s Individual Rules of Practice in Civil Cases (“Individual Rules”), amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within ______ days from the date of this Order. [Absent exceptional circumstances, a date not more than 30 days following the initial pretrial conference.]

Initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) shall be completed no later than __________ days from the date of this Order. [Absent exceptional circumstances, within 14 days of the parties’ conference pursuant to Rule 26(f).]

[If applicable] The plaintiff(s) shall provide HIPAA-compliant medical records release authorizations to the defendant(s) no later than ______________________________.
[Absent exceptional circumstances, a date not more than 10 days following the initial pretrial conference.]

Fact Discovery

a. All fact discovery shall be completed no later than ______________________.
[A period not to exceed 120 days, unless the Court finds that the case presents unique complexities or other exceptional circumstances.]

b. Initial requests for production of documents pursuant to Fed. R. Civ. P. 34 shall be served by ______________________.

c. Interrogatories pursuant to Rule 33.3(a) of the Local Civil Rules of the Southern District of New York shall be served by ______________________. No Rule 33.3(a) interrogatories need be served with respect to disclosures automatically required by Fed. R. Civ. P. 26(a).

d. Unless otherwise ordered by the Court, contention interrogatories pursuant to Rule 33.3(c) of the Local Civil Rules of the Southern District of New York must be served no later than thirty (30) days before the close of discovery. No other interrogatories are permitted without prior express permission of the Court.

e. Depositions pursuant to Fed. R. Civ. P. 30, 31 shall be completed by ______________________.

f. Requests to admit pursuant to Fed. R. Civ. P. 36 shall be served by ______________________. [Absent exceptional circumstances, a date not less than 30 days prior to the date set forth in paragraph 7(a).]

g. Any of the deadlines in paragraphs 7(b), (c), (e), and (f) may be extended by the written consent of all parties without application to the Court, provided that all fact discovery is completed by the date set forth in paragraph 7(a).

Expert Discovery

a. Anticipated types of experts, if any:

b. All expert discovery shall be completed no later than ______________________. [Absent exceptional circumstances, a date 45 days from the date set forth in paragraph 7(a). Omit unless types of experts are identified.]

c. Every party-proponent of a claim (including any counterclaim, cross-claim, or third- party claim) that intends to offer expert testimony in respect of such claim must make the disclosures required by Fed. R. Civ. P. 26(a)(2) by ___________________.
[Absent exceptional circumstances, the date set forth in paragraph 7(a).] Every party-opponent of such claim that intends to offer expert testimony in opposition to such claim must make the disclosures required by Fed. R. Civ. P. 26(a)(2) by ________________________. [Absent exceptional circumstances, a date two weeks following the preceding date.]

d. No expert testimony (whether designated as “rebuttal” or otherwise) will be permitted by other experts or beyond the scope of the opinions covered by the aforesaid disclosures without the Court’s express prior leave, application for which must be made no later than 10 days after the date specified in the immediately preceding sentence. All experts may be deposed, but such depositions must occur within the time limit set forth for expert discovery in paragraph 8(b).

All counsel must confer to discuss settlement within 14 days following the close of fact discovery.

Motions for summary judgment, if any, shall be filed no later than _________________.
[Absent exceptional circumstances, 30 days from the date in paragraph 8(b) (i.e., the completion of discovery).] Pursuant to the authority of Fed. R. Civ. P. 16(c)(2) and the Court’s Individual Rule 2(C), any motion for summary judgment will be deemed untimely unless a request for a pre-motion conference relating thereto is made in writing within one week after the close of discovery. The parties should review the Court’s Individual Rule 2(C) for further details on the submission of, and responses to, pre-motion letters. In cases where the Court sets a post-discovery status conference, the parties may request that the previously scheduled conference also serve as the pre-motion conference.

The joint pretrial order shall be due 30 days from the close of discovery, or if any dispositive motion is filed, 21 days from the Court’s decision on such motion. The filing of the joint pretrial order and additional submissions shall be governed by Fed. R. Civ. P. 26(a)(3) and the Court’s Individual Rule 5.

The parties expect that this case [is ______ / is not ______] to be tried to a jury.

Counsel for the parties have conferred and their present best estimate of the length of trial is ______________________.

Other issues to be addressed at the Initial Pretrial Conference, including those set forth in Fed. R. Civ. P. 26(f)(3), are set forth below.

Counsel for the Parties:

[TO BE COMPLETED BY THE COURT:]

The Court will hold a status conference on ____________________________________.
Unless otherwise ordered by the Court, the status conference will take place by telephone. The parties are directed to the Court’s Individual Rules of Practice in Civil Cases, which are available on the Court’s website. Rule 2 of the Court’s Individual Rules contains the dial-in number for the conference and other relevant instructions. The parties are specifically directed to comply with Rule 2(B) of the Court’s Individual Rules.

A joint letter updating the Court on the status of the case shall be filed on ECF by _________________. The letter should include the following information in separate paragraphs:

(1) all existing deadlines, due dates, and/or cut-off dates; (2) a brief description of any outstanding motions; (3) a brief description of the status of discovery and of any additional discovery that remains to be completed; (4) the status of settlement discussions; (5) the anticipated length of trial and whether the case is to be tried to a jury; (6) whether the parties anticipate filing motions for summary judgment; and (7) any other issue that the parties would like to address at the pretrial conference or any other information that the parties believe may assist the Court.

This Order may not be modified or the dates herein extended, except by further Order of this Court for good cause shown. Any application to modify or extend the dates herein (except as

provided in paragraph 7(g)) shall be made in a written application in accordance with the Court’s Individual Rule 1(E) and shall be made no less than 2 business days prior to the expiration of the date sought to be extended. SO ORDERED. Dated:
____________________________________ New York, New York GREGORY H. WOODS United States District Judge

FLSA Mediation Referral Order

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

IN RE: FLSA PILOT PROGRAM

X : : : : : : X MEDIATION REFERRAL ORDER FOR CASES THAT INCLUDE CLAIMS UNDER THE FAIR LABOR STANDARDS ACT 29 U.S.C. § 201 et seq. Gregory H. Woods, United States District Judge: As part of a pilot program for cases involving claims under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq., the Clerk of Court is directed to enter this order in all newly filed FLSA cases on my docket. Since cases involving FLSA claims often benefit from early mediation, it is hereby ORDERED that prior to the case management conference pursuant to Fed. R. Civ. P. 16(b) the Court is referring this case to mediation under Local Civil Rule 83.9 and that mediation shall be scheduled within sixty days.
IT IS FURTHER ORDERED that to facilitate mediation the parties shall, within four weeks of this Order, confer and provide the following:

1. Both parties shall produce any existing documents that describe Plaintiff’s duties and responsibilities.
2. Both parties shall produce any existing records of wages paid to and hours worked by the Plaintiff (e.g., payroll records, time sheets, work schedules, wage statements and wage notices).
3. Plaintiff shall produce a spreadsheet of alleged underpayments and other damages.
4. Defendants shall produce any existing documents describing compensation policies or practices.
5. If Defendants intend to assert an inability to pay then they shall produce proof of financial condition including tax records, business records, or other documents demonstrating their financial status. IT IS FURTHER ORDERED that in the event the parties reach settlement, pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), they shall prepare a joint statement explaining the basis for the proposed settlement, including any provision for attorney fees, and why it should be approved as fair and reasonable. The settlement agreement and joint statement shall be presented to the assigned District Judge, or to the assigned Magistrate Judge should the parties consent to proceed for all purposes before the assigned Magistrate Judge (the appropriate form for which is available at https://nysd.uscourts.gov/sites/default/files/2018-06/ AO-3.pdf). IT IS FURTHER ORDERED that, in the event the parties do not reach a settlement, they shall promptly meet and confer pursuant to Fed. R. Civ. P. 26(f) in preparation for their initial

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Gregory H. Woods United States District Judge

Form of Protective Order

[Form of Stipulated Confidentiality

[Revised: January 19, 2016] Agreement and Protective Order] UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

GREGORY H. WOODS, District Judge:

WHEREAS, all of the parties to this action (collectively, the “Parties” and each individually, a “Party”) request that this Court issue a protective order pursuant to Federal Rule of Civil Procedure 26(c) to protect the confidentiality of nonpublic and competitively sensitive information that they may need to disclose in connection with discovery in this action; WHEREAS, the Parties, through counsel, agree to the following terms; and WHEREAS, this Court finds that good cause exists for issuance of an appropriately tailored confidentiality order governing the pretrial phase of this action; IT IS HEREBY ORDERED that the Parties to this action, their respective officers, agents, servants, employees, and attorneys, any other person in active concert or participation with any of the foregoing, and all other persons with actual notice of this Order will adhere to the following terms, upon pain of contempt: 1. With respect to “Discovery Material” (i.e., information of any kind produced or disclosed in the course of discovery in this action) that a person has designated as “Confidential” pursuant to this Order, no person subject to this Order may disclose such Confidential Discovery Material to anyone else except as expressly permitted hereunder:

XXXX,

Plaintiff(s),

-v -

XXXX,

                                                     Defendant(s). 

X : : : : : : : : : : : X

    1:XX-cv-XXXX-GHW  

STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER

The Party or person producing or disclosing Discovery Material (each, “Producing Party”) may designate as Confidential only the portion of such material that it reasonably and in good faith believes consists of: (a) previously non-disclosed financial information (including without limitation profitability reports or estimates, percentage fees, design fees, royalty rates, minimum guarantee payments, sales reports, and sale margins); (b) previously non-disclosed material relating to ownership or control of any non-public company; (c) previously non-disclosed business plans, product-development information, or marketing plans; (d) any information of a personal or intimate nature regarding any individual; or (e) any other category of information given confidential status by this Court after the date of this Order. 3. With respect to the Confidential portion of any Discovery Material other than deposition transcripts and exhibits, the Producing Party or its counsel may designate such portion as “Confidential” by: (a) stamping or otherwise clearly marking as “Confidential” the protected portion in a manner that will not interfere with legibility or audibility; and (b) producing for future public use another copy of said Discovery Material with the confidential information redacted.
4. A Producing Party or its counsel may designate deposition exhibits or portions of deposition transcripts as Confidential Discovery Material either by: (a) indicating on the record during the deposition that a question calls for Confidential information, in which case the reporter will bind the transcript of the designated testimony in a separate volume and mark it as “Confidential Information Governed by Protective Order;” or (b) notifying the reporter and all

counsel of record, in writing, within 30 days after a deposition has concluded, of the specific pages and lines of the transcript that are to be designated “Confidential,” in which case all counsel receiving the transcript will be responsible for marking the copies of the designated transcript in their possession or under their control as directed by the Producing Party or that person’s counsel.
During the 30-day period following a deposition, all Parties will treat the entire deposition transcript as if it had been designated Confidential. 5. If at any time before the termination of this action a Producing Party realizes that it should have designated as Confidential some portion(s) of Discovery Material that it previously produced without limitation, the Producing Party may so designate such material by notifying all Parties in writing. Thereafter, all persons subject to this Order will treat such designated portion(s) of the Discovery Material as Confidential. In addition, the Producing Party shall provide each other Party with replacement versions of such Discovery Material that bears the “Confidential” designation within two business days of providing such notice. 6. Nothing contained in this Order will be construed as: (a) a waiver by a Party or person of its right to object to any discovery request; (b) a waiver of any privilege or protection; or (c) a ruling regarding the admissibility at trial of any document, testimony, or other evidence. 7. Where a Producing Party has designated Discovery Material as Confidential, other persons subject to this Order may disclose such information only to the following persons: (a) the Parties to this action, their insurers, and counsel to their insurers; (b) counsel retained specifically for this action, including any paralegal, clerical, or other assistant that such outside counsel employs and assigns to this matter;

(c) outside vendors or service providers (such as copy-service providers and document-management consultants) that counsel hire and assign to this matter; (d) any mediator or arbitrator that the Parties engage in this matter or that this Court appoints, provided such person has first executed a Non-Disclosure Agreement in the form annexed as Exhibit A hereto; (e) as to any document, its author, its addressee, and any other person indicated on the face of the document as having received a copy; (f) any witness who counsel for a Party in good faith believes may be called to testify at trial or deposition in this action, provided such person has first executed a Non-Disclosure Agreement in the form annexed as Exhibit A hereto; (g) any person a Party retains to serve as an expert witness or otherwise provide specialized advice to counsel in connection with this action, provided such person has first executed a Non-Disclosure Agreement in the form annexed as Exhibit A hereto; (h) stenographers engaged to transcribe depositions the Parties conduct in this action; and (i) this Court, including any appellate court, its support personnel, and court reporters. 8. Before disclosing any Confidential Discovery Material to any person referred to in subparagraphs 7(d), 7(f), or 7(g) above, counsel must provide a copy of this Order to such person, who must sign a Non-Disclosure Agreement in the form annexed as Exhibit A hereto stating that he or she has read this Order and agrees to be bound by its terms. Said counsel must

retain each signed Non-Disclosure Agreement, hold it in escrow, and produce it to opposing counsel either before such person is permitted to testify (at deposition or trial) or at the conclusion of the case, whichever comes first. 9. This Order binds the Parties and certain others to treat as Confidential any Discovery Materials so classified. The Court has not, however, made any finding regarding the confidentiality of any Discovery Materials, and retains full discretion to determine whether to afford confidential treatment to any Discovery Material designated as Confidential hereunder. All persons are placed on notice that the Court is unlikely to seal or otherwise afford confidential treatment to any Discovery Material introduced into evidence at trial, even if such material has previously been sealed or designated as Confidential. 10. In filing Confidential Discovery Material with this Court, or filing portions of any pleadings, motions, or other papers that disclose such Confidential Discovery Material (“Confidential Court Submission”), the Parties shall publicly file a redacted copy of the Confidential Court Submission via the Electronic Case Filing System. In accordance with Rule 4(A) of the Court’s Individual Rules of Practice in Civil Cases, the Parties shall file an unredacted copy of the Confidential Court Submission under seal with the Clerk of this Court, and the Parties shall serve this Court and opposing counsel with unredacted courtesy copies of the Confidential Court Submission. In accordance with Rule 4(A) of this Court’s Individual Rules of Practice in Civil Cases, any Party that seeks to file Confidential Discovery Material under seal must file an application and supporting declaration justifying—on a particularized basis—the sealing of such documents.
The parties should be aware that the Court will unseal documents if it is unable to make “specific, on the record findings . . . demonstrating that closure is essential to preserve higher values and is narrowly tailored to serve that interest.” Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120 (2d Cir. 2006).

Any Party who objects to any designation of confidentiality may at any time before the trial of this action serve upon counsel for the Producing Party a written notice stating with particularity the grounds of the objection. If the Parties cannot reach agreement promptly, counsel for all affected Parties will address their dispute to this Court in accordance with paragraph 2(C) of this Court’s Individual Practices. 12. Any Party who requests additional limits on disclosure (such as “attorneys’ eyes only” in extraordinary circumstances), may at any time before the trial of this action serve upon counsel for the recipient Parties a written notice stating with particularity the grounds of the request.
If the Parties cannot reach agreement promptly, counsel for all affected Parties will address their dispute to this Court in accordance with Rule 2(C) of this Court’s Individual Rules of Practice in Civil Cases. 13. Recipients of Confidential Discovery Material under this Order may use such material solely for the prosecution and defense of this action and any appeals thereto, and not for any other purpose or in any other litigation proceeding. Nothing contained in this Order, however, will affect or restrict the rights of any Party with respect to its own documents or information produced in this action. 14. Nothing in this Order will prevent any Party from producing any Confidential Discovery Material in its possession in response to a lawful subpoena or other compulsory process, or if required to produce by law or by any government agency having jurisdiction, provided that such Party gives written notice to the Producing Party as soon as reasonably possible, and if permitted by the time allowed under the request, at least 10 days before any disclosure. Upon receiving such notice, the Producing Party will bear the burden to oppose compliance with the subpoena, other compulsory process, or other legal notice if the Producing Party deems it appropriate to do so.

Each person who has access to Discovery Material designated as Confidential pursuant to this Order must take all due precautions to prevent the unauthorized or inadvertent disclosure of such material. 16. Within 60 days of the final disposition of this action—including all appeals— all recipients of Confidential Discovery Material must either return it—including all copies thereof— to the Producing Party, or, upon permission of the Producing Party, destroy such material— including all copies thereof. In either event, by the 60-day deadline, the recipient must certify its return or destruction by submitting a written certification to the Producing Party that affirms that it has not retained any copies, abstracts, compilations, summaries, or other forms of reproducing or capturing any of the Confidential Discovery Material. Notwithstanding this provision, the attorneys that the Parties have specifically retained for this action may retain an archival copy of all pleadings, motion papers, transcripts, expert reports, legal memoranda, correspondence, or attorney work product, even if such materials contain Confidential Discovery Material. Any such archival copies that contain or constitute Confidential Discovery Material remain subject to this Order. 17. This Order will survive the termination of the litigation and will continue to be binding upon all persons subject to this Order to whom Confidential Discovery Material is produced or disclosed.

This Court will retain jurisdiction over all persons subject to this Order to the extent necessary to enforce any obligations arising hereunder or to impose sanctions for any contempt thereof.

SO STIPULATED AND AGREED.

Dated:

Dated:

SO ORDERED.

Dated:

New York, New York
GREGORY H. WOODS

United States District Judge

Exhibit A

to Stipulated Confidentiality

Agreement and Protective Order

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

XXXX,

Plaintiff(s),

-v -

XXXX,

                                                     Defendant(s). 

X : : : : : : : : : : : X

1:XX-cv-XXXX-GHW

NON-DISCLOSURE AGREEMENT

I, _______________________________, acknowledge that I have read and understand the Protective Order in this action governing the non-disclosure of those portions of Discovery Material that have been designated as Confidential. I agree that I will not disclose such Confidential Discovery Material to anyone other than for purposes of this litigation and that at the conclusion of the litigation I will return all discovery information to the Party or attorney from whom I received it. By acknowledging these obligations under the Protective Order, I understand that I am submitting myself to the jurisdiction of the United States District Court for the Southern District of New York for the purpose of any issue or dispute arising hereunder and that my willful violation of any term of the Protective Order could subject me to punishment for contempt of Court.

Name: Date:

Individual Rules of Practice In Civil Cases

Revised: March 19, 2025 INDIVIDUAL RULES OF PRACTICE IN CIVIL CASES Gregory H. Woods, United States District Judge Chambers Courtroom United States District Court 500 Pearl Street, Courtroom 12C Southern District of New York Courtroom Deputy, Valerie Adolphe Daniel Patrick Moynihan United States Courthouse (212) 805-4233 500 Pearl Street, Room 2260 New York, NY 10007 WoodsNYSDChambers@nysd.uscourts.gov

Unless otherwise ordered, these Individual Practices apply to all civil matters before Judge Woods. In cases designated to be part of one of the Court’s pilot programs or plans (e.g., Local Rule 83.10, or the Initial Discovery Protocols for Employment Cases Alleging Adverse Action), those procedures shall govern to the extent that they are inconsistent with these Individual Practices.

1. Communications with Chambers

A. Letters. Except as otherwise provided below, communications with the Court must be by letter. Unless there is a request to file a letter under seal or a letter contains sensitive or confidential information (see Rule 4(A), below), letters must be filed electronically on ECF. Parties should not submit courtesy copies of letters filed on ECF. Copies of correspondence between counsel must not be filed on ECF or otherwise sent to the Court (except as exhibits to an otherwise properly filed document). Absent a request to file a letter under seal, the parties should assume that any substantive letter will be docketed by the Court.

Unless otherwise ordered by the Court, letters must not exceed 3 pages, excluding any exhibits. In all correspondence involving a request, the requesting party must indicate whether the adversary consents to the request.

B. Telephone Calls. Parties should avoid calling Chambers unless an urgent matter requires immediate attention. Because of the limitations on ex parte communications with parties, phone calls are often not an efficient way to communicate with Chambers. The Court encourages parties to communicate with the Court by letter.
However, if an urgent matter requiring immediate attention should arise, counsel may call Chambers directly; in such situations, parties should email the Chambers inbox requesting the Court’s contact information.

For docketing-related issues, please consider calling the ECF help desk at (212) 805- 0800.

C. Faxes. Faxes to Chambers are not permitted except with prior approval.

D. Hand Deliveries. Hand-delivered materials should be left with the Court Security Officers at the Worth Street entrance of the Daniel Patrick Moynihan United States District Courthouse at 500 Pearl Street, New York, NY 10007 and may not be brought directly to Chambers. Hand deliveries are retrieved regularly from the Worth Street entrance by Courthouse mail staff and then forwarded to Chambers. If the hand-delivered materials are urgent and require the Court’s immediate attention, ask the Court Security Officers to notify Chambers that an urgent package has arrived that needs to be retrieved by Chambers staff immediately.

E. Requests for Adjournments or Extensions of Time. All requests for adjournments or extensions of time must be made by letter and must state: (1) the original due date; (2) the number of previous requests for adjournment or extension of time; (3) the reason for the current request; (4) whether the adversary consents and, if not, the reason given by the adversary for refusing to consent; and (5) proposed alternative dates. If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Civil Case Management Plan and Scheduling Order must be submitted as an attachment to the request. Absent an emergency, the request must be made at least two business days prior to the original due date.

F. Proposed Orders and Stipulations. In accordance with Rules 13.18 and 13.19 of the SDNY ECF Rules and Instructions, parties should file substantially all proposed orders and stipulations on ECF. Courtesy copies should not be sent to Chambers.
Except as otherwise provided below, immediately following the filing of any proposed order or stipulation, parties are directed to submit a joint letter to the Court, stating (1) the reason for the request that the Court enter the proposed order or stipulation; (2) the position of each of the parties with respect to the proposed order or stipulation; (3) the basis for the Court’s legal authority to enter the proposed order or stipulation; and (4) any other information that the parties believe would provide context for the Court’s evaluation of the request. Parties should not expect that the Court will act on a proposed stipulation or order unless it is accompanied by such a letter. The requirement that parties provide such a letter does not apply to stipulations of voluntary dismissal submitted pursuant to Federal Rule of Civil Procedure 41(a)(1)(A) that do not include a request that the Court grant other relief or retain jurisdiction over a dismissed action. Any other stipulation of voluntary dismissal, including a stipulation submitted pursuant to Federal Rule of Civil Procedure 41(a)(2), must be accompanied by a letter as described above.

G. Urgent Communications. Materials filed via ECF are generally reviewed by the Court the business day after they have been filed. If a submission requires immediate attention, please notify Chambers by telephone after the submission has been filed via ECF.

H. Related Cases. After an action has been accepted as related to a prior filing, all future court papers and correspondence must contain the docket number of the new filing as well as the docket number of the case to which it is related.

2. Conferences

A. Attendance by Principal Trial Counsel. The attorney who will serve as principal trial counsel must appear at all conferences with the Court.

B. Appearance Sheets. No later than 2:00 p.m. the day before any scheduled conference with the Court, the parties are directed to jointly email to the Court an appearance sheet, using the template available on the Court’s website. The appearance sheet should not be filed on the docket. The appearance sheet should include the case caption, including the case number, and should list all of the attorneys who are anticipated to participate in the conference. In the event that the parties anticipate that they will use uncommon words, or case names during the conference, they are directed to include that information in the location indicated in the template appearance form.

C. Telephone Conferences. The Court may designate that a conference will be held telephonically. 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 at (855) 244-8681, and enter Access Code 2318-572-4826, followed by the pound (#) key.

The following procedures shall apply to all teleconferences with the Court:

i. Counsel should use a landline whenever possible, should use a headset instead of speakerphone, and must mute themselves whenever they are not speaking to eliminate background noise. In addition, counsel should not use voice-activated systems that do not allow the user to know when someone else is trying to speak at the same time.

ii. To facilitate orderly teleconferences and the creation of an accurate transcript where a teleconference is held on the record, counsel are required to identify themselves every time they speak. Counsel should spell any proper names for the court reporter. Counsel should also take special care not to interrupt or speak over one another.

iii. The recording of any court conference is prohibited by law.

iv. Like in-person conferences, telephone conferences are open to the public. Members of the public or the press may join a telephone conference using the dial-in information above.

D. Initial Case Management Conference. The Court will generally schedule a Federal Rule of Civil Procedure 16(c) conference within three months of the filing of the complaint or notice of removal. If a conference has not been scheduled within three months of the filing of the complaint or notice of removal, counsel must advise the Court by letter on ECF.

The Clerk’s Office will email a notification to counsel when notice of the conference is docketed. Plaintiff’s counsel (or, in a matter removed from state court, defense counsel) is responsible for promptly distributing copies of the notice to all parties. The notice will direct the parties, inter alia, to submit via ECF at least one week prior to the conference a joint letter. The notice will also direct the parties to email to WoodsNYSDChambers@nysd.uscourts.gov an editable version of their joint proposed Case Management Plan and Scheduling Order, available at https://nysd.uscourts.gov/hon-gregory-h-woods. i. All parties should be prepared to discuss at the initial pretrial conference any pending or anticipated motions as well as the basis for subject matter jurisdiction.

ii. In cases invoking the Court’s diversity jurisdiction:

a. if any party is a corporation, the parties should be prepared to discuss both the place of incorporation and the principal place of business, as defined in Hertz Corp. v. Friend, 559 U.S. 77 (2010).

b. if any party is a partnership, limited partnership, limited liability company, or trust, the parties should be prepared to discuss the citizenship of each of the entity’s members, shareholders, partners, and/or trustees.

E. Pre-Motion Conferences. Pre-motion submissions are required for motions to dismiss, motions for summary judgment, motions for judgment on the pleadings, motions to compel arbitration, motions to certify collective or class actions, motions for sanctions, motions to amend a complaint or answer, motions concerning discovery, and motions to remand to state court. Pre-motion submissions do not stay any future deadlines, except that a pre-motion submission regarding a pre-answer motion to dismiss will stay that party’s obligation to answer or move against the complaint through the date of the pre-motion conference.

i. To request a pre-motion conference, except for motions concerning discovery, counsel for the movant must submit a letter setting forth the grounds for the proposed motion. If the motion is not on consent, any opposing party must submit a letter setting forth its position within five days after the request is received. Letters submitted pursuant to this section must comply with the procedures set forth above in Rule 1(A), except that exhibits to letters are not permitted under this section. The Court will promptly determine whether to hold a pre-motion conference in the matter.

ii. To request a pre-motion conference concerning discovery, counsel must submit a single, jointly composed letter describing their discovery dispute(s). Letters submitted pursuant to this section must comply with the procedures set forth above in Rule 1(A), except that letters under this section must be no longer than 5 pages total, excluding exhibits. Strict adherence to Fed. R. Civ. P. 37(a)(1)’s “meet and confer” rule is required, and the letter must describe the efforts taken to resolve the dispute including the counsel involved and the time, place, and duration of the efforts. The

Court will issue an order or promptly schedule a conference, which will serve as the Local Rule 37.2 pre-motion conference.

3. Motions

A. Memoranda of Law. Unless prior permission has been granted, memoranda of law in support of and in response to a motion must comply with Local Civil Rule 7.1. In addition, memoranda of 10 pages or more must contain a table of contents and a table of authorities.

B. Courtesy Copies. At the time the reply is served, the movant must mail or hand-deliver to the Court two courtesy copies of all motion papers, marked as such and which include the automatically-generated ECF header at the top of each page. Courtesy copies should be double-sided, three-hole punched, tabbed, and placed in binders. The spines of the binders should be labeled to include the name of the case, the case number, and the nature of the materials included in the binder. The non-moving party must provide the movant with a set of its motion papers in time for the movant to deliver all motion papers to the Court. Unless doing so would be unduly burdensome, the movant must also submit via CD a copy of electronic, text-searchable copies of any hearing or deposition transcripts, as well as any other item on which the parties rely that cannot be submitted as a single file on ECF (e.g., videos or very long documents).

A party submitting media files in connection with a motion must, to the extent possible, provide them in a format capable of being played using commonly available media players, e.g., Windows Media Player. If the media unavoidably requires special viewing software, that software must be provided to the Court in a form that does not require administrative privileges for installation or operation. Any party that submits a video or audio media file to the Court must simultaneously file a transcript of the content of the video or audio file. Because media files cannot currently be uploaded to ECF, a party submitting media files must also file them physically with the Clerk of Court.

C. Oral Argument on Motions. Parties may request oral argument by indicating “Oral Argument Requested” on the cover of their moving, opposing, or reply memoranda. The Court will determine whether argument will be heard and may order argument sua sponte.

D. Motions to Dismiss. If a motion to dismiss is filed, the plaintiff has the right to amend its pleading within 21 days pursuant to Fed. R. Civ. P. 15(a)(1)(B). On the date on which any amended complaint is filed, the plaintiff must file separately a letter that attaches a legal blackline showing changes between the amended complaint and the prior complaint.

If the plaintiff elects not to amend its pleading, the motion will proceed in the normal course, and the plaintiff should not expect that the Court will grant further leave to amend the complaint to address the deficiencies identified in the motion to dismiss

in the ordinary course.

If the plaintiff elects to amend its pleading, the moving party must file an answer or a new motion to dismiss within 21 days of such amendment. The Court will dismiss the original motion to dismiss as moot.

E. Motions for Summary Judgment.

i. Non-Jury Cases. Absent good cause, the Court generally will not consider summary judgment motions in non-jury cases. A party wishing to move for summary judgment in a non-jury case must submit a pre-motion letter in compliance with Rule 2(C) above and include the grounds asserted for the Court to find good cause.

ii. Local Rule 56.1 Statements of Material Facts. A movant for summary judgment must comply with Local Civil Rule 56.1, with the following modifications.

Unless otherwise ordered by the Court, the requirements of Local Civil Rule 56.1(e) apply to all parties, regardless of whether or not all parties in the case are represented by counsel. In all cases, any party moving for summary judgment must provide all other parties with an electronic copy, in a standard word processing format, of the moving party’s Statement of Material Facts. In all cases, the counterstatement required by Local Civil Rule 56.1 must include each entry in the moving party’s statement and set out the opposing party’s response directly beneath it.

If additional factual statements are made by the opposing party, it must begin numbering where the moving party left off. The moving party must address the additional statements in its own responsive Statement of Material Facts in compliance with this rule. Where multiple parties are submitting Statements of Material Facts, the parties must coordinate to ensure that no statement numerically overlaps (i.e., each party should not begin its statement at 1). F. Motions to Exclude the Testimony of Experts. Motions to exclude testimony of experts must be made by the deadline for motions for summary judgment and should not be treated as motions in limine.

G. Default Judgment. A party seeking a default judgment must proceed by way of an order to show cause pursuant to the procedures set forth in Attachment A to these rules. Those procedures must be followed in addition to the procedures set forth in Local Civil Rule 55.2.

H. Objections to Rulings by Magistrate Judges. Unless prior permission has been granted, objections to reports and recommendations by, and appeals from orders of, magistrate judges are limited to 25 pages, any opposition is limited to 25 pages, and any reply is limited to 10 pages. Briefs of 10 pages or more must contain a table of contents and a table of authorities. Reply briefs may not be filed without prior leave of Court.

4. Other Pretrial Guidance

A. Redactions and Filing Under Seal.

i. 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 the following: 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.

ii. 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 documents, 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. In that case, the proposed sealed/redacted document, a copy of the motion and any supporting papers must be contemporaneously submitted to the Court in paper form, by hand delivery or mail. Digital copies of these documents must also be emailed to chambers (outside the ECF system) at WoodsNYSDChambers@nysd.uscourts.gov. Any proposed redactions must be highlighted. If the application is granted, the unredacted document must be filed under seal in the traditional manner, on paper, in conformity with the sealed records filing procedures available at https://nysd.uscourts.gov/programs/records/sealed.

B. Application for Temporary Restraining Order. A party must confer with his or her adversary before making an application for a temporary restraining order, unless the requirements of Fed. R. Civ. P. 65(b) are met. As soon as a party decides to seek a temporary restraining order, he or she must call Chambers at (212) 805-0296 and state clearly (1) whether the adversary has been notified and whether the adversary consents to temporary injunctive relief; or (2) that the requirements of Fed. R. Civ. P. 65(b) are satisfied and no notice is necessary. If a party’s adversary has been notified but does not consent to temporary injunctive relief, the party seeking a restraining order must bring the application to the Court at a time mutually agreeable to the party and its adversary, so that the Court may have the benefit of advocacy from both sides in deciding whether to
grant temporary injunctive relief. If the party requesting relief believes that the requirements of Fed. R. Civ. P. 65(b) are met and no notice is necessary, the party must still call Chambers at (212) 805-0296 to schedule a time to bring the application to the Court.

C. Orders to Show Cause. Any order to show cause must be presented to the Court in a

manner consistent with paragraphs 3 through 8 of Attachment A to these rules.
Although the ECF filing system permits the filing of a proposed order to show cause without specific prior notification to the Court, the Court will not act with respect to a proposed order to show cause unless its proponent complies fully with this rule.

D. Protective Orders. Parties who wish to obtain a protective order must consult the Court’s Model Protective Order, which is available on the Court’s website (https://nysd.uscourts.gov/hon-gregory-h-woods). The proposed protective order should be filed on ECF as an attachment to a cover letter in accordance with Rule 1(A) above, and with Rule 13.18 of the SDNY ECF Rules and Instructions. If the protective order proposed by the parties deviates from the Court’s Model Protective Order, a blackline showing all deviations must be provided as a separate exhibit. If the protective order proposed by the parties does not deviate from the Court’s Model Protective Order (other than changes to the caption and the signature block), the parties should expressly certify that fact in the cover letter accompanying the proposed protective order.

E. Settlements. The parties should email Chambers at WoodsNYSDChambers@nysd.uscourts.gov promptly following an agreement to settle a matter. The parties must thereafter submit any proposed order or stipulation in accordance with Rule 1(F) above. The Court will not retain jurisdiction to enforce confidential settlement agreements. If the parties wish that the Court retain jurisdiction to enforce the agreement, the parties must place the terms of their settlement agreement on the public record. The parties may either provide a copy of the settlement agreement for the Court to endorse or include the terms of their settlement agreement in their stipulation of settlement and dismissal.

5. Trial Procedures A. Joint Pretrial Order. Except as provided below, the parties must submit a joint pretrial order to the Court via ECF within 30 days from the completion of discovery. Where a party has submitted a pre-motion letter seeking to move for summary judgment or such a motion is pending, the parties must submit to the Court via ECF a joint pretrial order within 21 days from the Court’s decision on the motion.

The joint pretrial order must include the following:

i. The full caption of the action;

ii. The names, law firms, addresses, and telephone and fax numbers of trial counsel;

iii. A brief statement by 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 must include citations to all statutes relied on and relevant facts as to citizenship and jurisdictional amount;

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

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

vi. 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;

vii. Any stipulations or agreed statements of fact or law to which all parties consent;

viii. 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;

ix. 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;

x. A list by each party of exhibits to be offered in its case in chief, with a description of the type of objection, if any, for each exhibit;

xi. 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

xii. A statement of whether the parties consent to less than a unanimous verdict.

B. Required Pretrial Filings in All Cases. At the time the joint pretrial order is filed, each party must file and serve the following:

i.Motions in limine. Any party wishing to file a motion addressing evidentiary issues or other matters which should be resolved in limine must file such a motion via ECF. Opposition papers must be filed within seven days thereafter, and reply papers must be filed within four days of any opposition.

ii. Documentary Exhibits. Each party must submit to the Court by mail or hand delivery one set of courtesy copies of each documentary exhibit sought to be admitted, pre- marked with exhibit labels that correspond to the exhibit list presented in the joint pretrial order. Each party must also submit to the Court electronic copies of each of the exhibits. The electronic copies may be submitted on a thumb drive or may be downloaded directly to a website maintained by the Court. Information regarding how to download those documents can be obtained from the Courtroom Deputy.

iii. Pretrial Memorandum of Law. If a party believes that a pretrial memorandum of law would be useful to the Court, it must file the memorandum via ECF. Opposition papers to any legal argument in a pretrial memorandum must be filed within seven days thereafter, and reply papers must be filed within four days of any opposition.

iv. Deposition Designation Table. If any party offers deposition designations, the parties are directed to submit to the Court by email (WoodsNYSDChambers@nysd.uscourts.gov) a native Excel spreadsheet

containing information regarding the deposition designations, their context, any objections, and the grounds for those objections. The spreadsheet must be organized with the following columns in this order: (1) Identity of Party Offering Designation; (2) Name of Deponent; (3) Deposition Designations; (4) Relevant Context (to explain the context of a designation if likely to be unclear to the Court); (5) Objections to Designated Testimony; (6) Court’s View (to be completed by the Court); (7) Counter Designations; (8) Relevant Context (to explain the context of a counter designation if likely to be unclear to the Court); (9) Objections to Counter Designations; (10) Court’s View (to be completed by the Court). The parties must complete each cell except for those designated “Court’s View,” which should be left blank for the Court’s use. Each cell containing a deposition designation or counter designation must include a “comment” that reproduces the excerpted testimony referenced in the designation or counter-designation. Where there are objections to multiple passages within a single block of designated text, the spreadsheet must be formatted so that each passage and corresponding objection is provided on a separate row. That will allow the Court to respond to each objection individually. The parties may request a template Excel spreadsheet that illustrates the information that the parties must provide to the Court for this purpose from the Courtroom Deputy.

C. Additional Submissions in Jury Trials.

i.Requests to Charge, Proposed Verdict Forms, and Proposed Voir Dire Questions.
In all jury trials, joint requests to charge, joint proposed verdict forms, and joint proposed voir dire questions must be submitted at the time the proposed joint pretrial order is filed. Proposed requests to charge must include citations to supporting legal authority. For any request to charge or proposed voir dire question on which the parties cannot agree, each party should clearly set forth its proposed charge or question, and briefly state why the Court should use its proposed charge or question, with citations to supporting authority. At the time of filing, parties must also submit copies of these documents to the Court by e-mail (WoodsNYSDChambers@nysd.uscourts.gov) as Word documents.

D. Additional Submissions in Non-Jury Cases.

i.Proposed Findings of Fact and Conclusions of Law. In non-jury cases, the parties must submit via ECF proposed findings of fact and conclusions of law at the time the proposed joint pretrial order is filed. The proposed findings of fact should be detailed and should include citations to the proffered evidence, as there may be no opportunity for post-trial submissions.

ii. Direct Testimony by Affidavit. Unless otherwise ordered by the Court, at the time the joint pretrial order is filed, each party in a non-jury trial must submit to the Court by email (WoodsNYSDChambers@nysd.uscourts.gov) and serve on opposing counsel, but not file on ECF, the following: Copies of affidavits constituting the direct testimony of each trial witness, except for the direct testimony of an adverse party, a person whose attendance is compelled by

subpoena, or a person for whom the Court has agreed to hear direct testimony live at the trial. The affidavit should be treated as a direct substitute for the witness’s live testimony; that is, counsel should be attentive to the Rules of Evidence (e.g., hearsay and the like) and authenticate any exhibits that will be offered through that witness’s testimony. Three business days after submission of such affidavits, counsel for each party must submit a list of all affiants whom he or she intends to cross-examine at the trial. No later than the earlier of (1) the date that is 14 days after the submission of such affidavits and (2) three business days before trial, the parties must submit to the Court by email and serve on opposing counsel, but not file on ECF, any objections to particular paragraphs of an affidavit. All witnesses need to appear at trial to adopt their affidavit as their direct testimony regardless of whether or not they will be cross-examined. The original signed affidavits should be brought to trial to be marked as exhibits, at which time the Court expects to rule on any pending objections to the affidavits. The Court encourages any party that wishes to present direct testimony through live testimony, rather than by affidavit, to raise their request with the Court; any such request should be made no later than one month prior to the date established for the submission of the joint pretrial order.

E. Courtesy Copies of Trial Materials. Two courtesy copies of all documents identified in this Section must be mailed or hand-delivered to Chambers at the time they are served or filed. Voluminous material should be organized in tabbed binders and the spines of the binders should be labeled to include the name of the case, the case number, and the nature of the materials included in the binder.

6. Opportunities for Junior Attorneys

The Court believes it is crucial to provide substantive speaking opportunities to junior lawyers, and that the benefits of doing so will accrue to all members of the profession and their clients.

To that end, the Court strongly encourages litigants to permit more junior members of the litigation team to be active participants in court proceedings, including but not limited to pre- motion conferences, pre-trial conferences, oral argument of motions (including discovery and dispositive motions), evidentiary hearings, and examination of witnesses at trial, in an effort to provide junior attorneys with opportunities to gain meaningful experience in the litigation process.

The Court will permit multiple attorneys to argue different issues for each party. In addition, under circumstances where the more junior attorney is permitted to present the argument to the Court, the Court will entertain reasonable requests for the more senior attorney to supplement any argument that is made.

The Court recognizes that the ultimate decision of who conducts each proceeding is with the lawyer in charge of each case, and ultimately the represented party, and not the Court.
However, the Court hopes that all lawyers practicing before it will endeavor to provide the next generation of attorneys with meaningful opportunities to participate in the litigation process.

ATTACHMENT A

DEFAULT JUDGMENT PROCEDURE

1. Prepare an order to show cause for default judgment and make the order returnable before Judge Woods. Leave blank the date and time for the conference; Judge Woods will set the date and time when signing the order.

2. Provide the following supporting papers with the order to show cause:

a. One or more affidavits setting forth:

i. the information required by Local Civil Rule 55.2(a);

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

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

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

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

b. A memorandum of law setting forth:

i. choice of law;

ii. the elements of each cause of action as to which default judgment is sought, with supporting legal authority;

iii. for each defendant and for each cause of action as to which default judgment is sought, an analysis demonstrating that the facts pleaded in the complaint support the conclusion that the relevant defendant is liable with respect to that cause of action;

iv. the legal authority supporting each category of damages requested;

v. if applicable, the legal authority supporting the conclusion that an inquest into damages is unnecessary; and

vi. where, in the view of the moving party, no inquest is necessary, for each defendant as to which default judgment is sought, an analysis demonstrating that the information presented together with the application for default

judgment support the requested award of damages.

c. A proposed default judgment.

d. Copies of all of the pleadings.

e. A copy of the affidavit of service of the summons and complaint.

f. If failure to answer is the basis for the default, a certificate from the Clerk of Court stating that no answer has been filed. Local Civil Rule 55.1 and Rule 16.1 of the Southern District of New York Electronic Case Filing Rules & Instructions set forth the procedure for obtaining the certificate.

3. Not later than 11:00 a.m. on the day on which you intend to file an order to show cause, call Chambers to advise the Court that you intend to do so, and to schedule an appropriate time to deliver hard copies of the filing to Chambers for review.

4. File the order to show cause and supporting papers on ECF in accordance with Rule 16.3 of the Southern District of New York Electronic Case Filing Rules & Instructions.

5. On the same day, bring all of the papers in person to Chambers (Room 2260, 500 Pearl Street). Also bring a courtesy copy of the supporting papers to leave with Chambers.

6. After Judge Woods signs the order to show cause, serve a conforming copy of the order and supporting papers on the defendant. Chambers will retain the original signed order for docketing purposes, but will provide you with a copy. You may also use a printed copy of the signed order from ECF after the order has been docketed by the Court.

7. By no later than 24 hours after Judge Woods signs the order to show cause, file any supporting papers that have not previously been filed via ECF.

8. Prior to the return date, file via ECF an affidavit of service that reflects that the defendant was served with a conforming copy of the order and supporting papers.

9. Prior to the return date, confirm that the Clerk has not noted any deficiencies with respect to the proposed judgment. If any deficiencies have been noted, correct them. 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.

Individual Rules of Practice in Civil Pro Se Cases

Revised: November 14, 2019

INDIVIDUAL RULES OF PRACTICE IN CIVIL PRO SE CASES Gregory H. Woods, United States District Judge Pro Se Office

United States District Court

Southern District of New York

500 Pearl Street, Room 200 New York, NY 10007 (212) 805-0175

Unless otherwise ordered, these Individual Practices apply to all civil pro se matters before Judge Woods. These are rules that the parties in pro se matters must follow, unless the Court orders otherwise. The Court’s website also contains useful information regarding the litigation process for parties who are proceeding pro se. The Court recommends that pro se litigants take advantage of that resource, which is available at https://nysd.uscourts.gov/sites/default/files/practice_documents/ghwIndividualRulesOf PracticeInCivilProSeCases.pdf.

1. Communications with Chambers

A. By a Pro Se Party. All communications with the Court by a pro se party must be hand delivered or mailed to the Pro Se Office, United States Courthouse, 500 Pearl Street, Room 200, New York, NY 10007, and must include an Affidavit of Service or other statement affirming that the pro se party sent a copy to all other parties or to their counsel if they are represented. No document or filing should be sent directly to Chambers. Absent a request to file a communication under seal, the parties should assume that any communication with the Court will be placed on the public docket.

B. By Parties Represented by Counsel. Except as otherwise provided below, communications with the Court by a represented party are governed by Judge Woods’s Individual Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-gregory-h- woods.

C. Requests for Adjournment or Extensions of Time. All requests for adjournments or extensions of time must be made by letter and must state: (1) the original due date; (2) the number of previous requests for adjournment or extension of time; (3) the reason for the current request; (4) whether the adversary consents and, if not, the reason given by the adversary for refusing to consent; and (5) proposed alternative dates. If the requested adjournment or extension affects any other scheduled dates, a pro se party may, but is not required to, submit a proposed Revised Civil Case Management Plan and Scheduling Order.
Absent an emergency, the request must be made at least two business days prior to the original due date.

2. Filing and Service of Papers

A. Papers Filed by Pro Se Parties. All papers to be filed with the Court by a pro se party, along with any courtesy copies of those papers, should be delivered in person or sent by mail to the Pro Se Office, United States Courthouse, 500 Pearl Street, Room 200, New York, NY 10007. All papers must be accompanied by an Affidavit of Service or other statement affirming that the pro se party sent copies to all other parties or to their counsel if they are represented.

B. ECF Filing by Pro Se Parties. Pro se parties may be able to participate in electronic case filing, so that they can file documents with the Court electronically, and receive service of Court filings electronically. Any pro se litigant who wishes to participate in electronic case filing must file a Motion for Permission for Electronic Case Filing (available at https://nysd.uscourts.gov/sites/default/files/2018-06/proseconsentecfnotice-final.pdf and in the Pro Se Office) and deliver a paper copy of the Motion to the other parties.

C. Service on Pro Se Parties. Except for cases in which the pro se party has received permission to participate in electronic case filing, counsel in cases involving pro se parties must serve the pro se parties with paper copies of any document that is filed electronically and must file with the Court a separate Affidavit of Service. Submissions filed without such proof of service will not be considered.

D. Docketing of Communications with the Court. Absent a request to file a communication with the Court under seal, the Court will docket any substantive communication with the Court on ECF, a publically accessible database.

E. Sensitive Information. Unless relevant to the case, parties must not include in submissions to the Court (1) social security numbers; (2) names of minor children; (3) dates of birth; (4) financial account numbers; or (5) home addresses. Pro se parties wishing to file a document already containing this information must submit a redacted version to the Pro Se Office. If this information is relevant to the case, the filing party must request permission from the Court prior to filing and explain why the information needs to be included. More information regarding the Southern District’s privacy policy is available at https://nysd.uscourts.gov/privacy-policy.

F. Redactions and Filing Under Seal. In limited circumstances, the Court may grant leave to a party to either redact information other than the sensitive information described in the preceding paragraph, or to file a document under seal. Information contained in a redacted or sealed document authorized by the Court is generally made available to the other parties in the case. Judge Woods has rules regarding redactions and filing under seal, which must be followed. Those rules are contained in Judge Woods’s Individual Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-gregory-h-woods.

3. Initial Case Management Conference

The Court will generally schedule an initial case management conference within three months of the filing of the complaint. An incarcerated party will generally not be able to attend this or other conferences, but will have the opportunity to participate by telephone. If a family member or friend of an incarcerated party wishes to attend the conference, that person may contact Anthony Daniels, Courtroom Deputy, at (212) 805-4233, to get the location of the conference.

4. Discovery

All discovery requests, and responses to discovery requests, must be sent to counsel for the opposing party. Discovery requests, and responses to discovery requests, should not be sent to the Court or the Pro Se Office.

5. Motions

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

B. Courtesy Copies. One courtesy copy of all formal motion papers, marked as such, should be submitted to Chambers by the non-pro se party at the time the reply is due. Courtesy copies should not be submitted to chambers at the time of filing. If all parties are pro se, then courtesy copies of formal motion papers are not required.

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

D. Oral Argument. The Court does not generally hear oral argument in pro se matters. Unless otherwise ordered by the Court, the parties should not anticipate oral argument.

6. Trial Documents

A. Pretrial Statement. Unless otherwise ordered by the Court, within 30 days of the completion of discovery, the plaintiff in a pro se case must file a concise, written Pretrial Statement. This Statement need take no particular form, but it must contain the following:
(1) a statement of the facts the plaintiff hopes to prove at trial; (2) a list of all documents or other physical objects that the plaintiff plans to put into evidence at trial; and (3) a list of the names and addresses of all witnesses the plaintiff intends to have testify at trial. The Statement must be sworn by the plaintiff to be true and accurate based on the facts known by the plaintiff. If pro se, the plaintiff must file an original of this Statement, plus two courtesy copies, with the Pro Se Office and serve a copy on all defendants or their counsel if

they are represented. The original Statement must include an Affidavit of Service or other statement affirming that the plaintiff sent copies to all other parties or to their counsel if they are represented. Two weeks after service of the plaintiff’s Statement, the defendant must file and serve a similar statement containing the same categories of information.

B. Other Pretrial Filings. If the case is to be tried before only a judge without a jury, any parties represented by counsel must also file proposed findings of fact and conclusions of law at the time of filing the Pretrial Statement. If the case is to be tried before a jury, any parties represented by counsel must also file proposed voir dire questions, a proposed jury charge, and a proposed verdict form at the time of filing the Pretrial Statement. The pro se party may, but is not required to, file such documents.

Individual Rules of Practice in Criminal Cases

Revised: March 19, 2025

INDIVIDUAL RULES OF PRACTICE IN CRIMINAL CASES Gregory H. Woods, United States District Judge Chambers

Courtroom Deputy United States District Court

Valerie Adolphe Southern District of New York

(212) 805-4233 Daniel Patrick Moynihan United States Courthouse

500 Pearl Street, Room 2260 New York, NY 10007 WoodsNYSDChambers@nysd.uscourts.gov

Unless otherwise ordered, these Individual Practices apply to all criminal matters before Judge Woods.

1. Initial Pretrial Conference. When a criminal case is assigned to Judge Woods, the Assistant United States Attorney (“AUSA”) should immediately call the Courtroom Deputy to arrange for a prompt conference/arraignment. In the event the Courtroom Deputy is not available, the AUSA should call Chambers. The AUSA should provide via email (WoodsNYSDChambers@nysd.uscourts.gov) a courtesy copy of the indictment and the complaint, if one exists, as soon as practicable.

2. Communications with Chambers

A. Letters. Except as otherwise provided below, communications with the Court should be by letter, filed electronically on ECF. Parties should not submit courtesy copies of letters filed on ECF. Copies of correspondence between counsel must not be filed on ECF or otherwise sent to the Court (except as exhibits to an otherwise properly filed document). Absent a request to file a letter under seal, the parties should assume that any substantive letter will be docketed by the Court.

Letters to be filed under seal or containing sensitive or confidential information may be emailed to the Court at WoodsNYSDChambers@nysd.uscourts.gov as a .pdf attachment with a copy simultaneously delivered to all counsel. Any such email must state clearly in the subject line: (1) the caption of the case, including the lead party names and docket number, and (2) a brief description of the contents of the letter. Parties must not include substantive communications in the body of the email; any such communications should be included only in the body of the attached letter. Parties must explain the particular reasons for seeking to file that information under seal. When a party seeks approval to redact information from a document that is to be publicly filed, the filing party must publicly file the document with the proposed redactions.

In all correspondence involving a request, the requesting party must indicate whether the adversary consents to the request. In a written request for bail modification by a defendant, the request should also state whether the Pre-Trial Services Officer consents to the request.

B. Telephone Calls. Parties should avoid calling Chambers unless an urgent matter requires immediate attention. In such an event, counsel may call Chambers directly; in such situations, parties should email the Chambers inbox requesting the Court’s contact information. For docketing-related issues, please consider calling the ECF help desk at (212) 805-0800.

C. Faxes. Faxes to Chambers are not permitted except with prior approval.

D. Hand Deliveries. Hand-delivered materials should be left with the Court Security Officers at the Worth Street entrance of the Daniel Patrick Moynihan United States District Courthouse at 500 Pearl Street, New York, NY 10007; they may not be brought directly to Chambers. Hand deliveries are retrieved regularly from the Worth Street entrance by Courthouse mail staff and then forwarded to Chambers. If the hand-delivered materials are urgent and require the Court’s immediate attention, ask the Court Security Officers to notify Chambers that an urgent package has arrived that needs to be retrieved by Chambers staff immediately.

E. Requests for Adjournments or Extensions of Time. All requests for adjournments or extensions of time must be made by letter and must state: (1) the original due date; (2) the number of previous requests for adjournment or extension of time; (3) the reason for the current request; (4) whether the adversary consents and, if not, the reason given by the adversary for refusing to consent; and (5) proposed alternative dates. If a party seeks an exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161, the party must (a) state in its letter whether it and each of the other parties consent to the proposed exclusion of time, and (b) submit to the Court via email to WoodsNYSDChambers@nysd.uscourts.gov a proposed order (in Microsoft Word format) along with its request for adjournment or extension. A model order excluding time under the Speedy Trial Act is available on the Court’s website.

Absent an emergency, any such request must be made at least two business days prior to the original due date, with the exception of a request to adjourn sentencing, which must be made at least three business days prior to the proceeding.

F. Urgent Communications. Materials filed via ECF are generally reviewed by the Court the business day after they have been filed. If a submission requires immediate attention, please notify Chambers by telephone after the submission has been filed via ECF.

3. Defense Counsel

A. Benefactor Payments. Whenever defense counsel has received, or is receiving, a benefactor payment that subjects counsel to a conflict of interest, defense counsel must inform the Court in advance of the first conference and request a Curcio hearing.

B. Substitution of Counsel. When there is a substitution of defense counsel, counsel of record must write a letter to the Court requesting a conference as soon as possible. At the conference, the Court will address the application by defense counsel to be relieved. The defendant, replacement counsel, and the AUSA must also attend the conference. 4. Motions
A. Discovery Motions. In making discovery motions, counsel are expect to comply with Southern District Local Criminal Rule 16.1. Any discovery motion must contain a Rule 16.1 affidavit.
B. Courtesy Copies of Motions. At the time the reply is served, the movant must mail or hand-deliver to the Court two courtesy copies of all motion papers, marked as such and which include the automatically-generated ECF header at the top of each page. Courtesy copies should be double-sided, three-hole punched, tabbed, and placed in binders. The non- moving party shall provide the movant with a set of its motion papers in time for the movant to deliver all motion papers to the Court. Unless doing so would be unduly burdensome, the movant should also submit via CD a copy of electronic, text-searchable copies of any hearing or deposition transcripts, as well as any other item on which the parties rely that cannot be submitted as a single file on ECF (e.g., videos or very long documents). 5. Guilty Pleas A. Plea Agreements and Pimentel Letters. The Government must provide a courtesy copy of the signed plea agreement, cooperation agreement, or Pimentel letter to the Court. These documents should be e-mailed to Chambers at WoodsNYSDChambers@nysd.uscourts.gov as soon as practicable but no later than three business days before the scheduled plea.
B. Preparation for Allocution. Prior to the date set for the plea, defense counsel are expected to have reviewed with the defendant—if necessary, with the assistance of an interpreter— any Pimentel letter or plea, cooperation, or other agreement. Defense counsel and the defendant should execute any plea or cooperation agreement prior to the time set for the plea. The defendant should also be prepared in advance of a guilty plea to give narrative allocutions that incorporate all of the elements of the offense(s) to which the defendant is pleading guilty.

C. Preparation for Possible Remand. Prior to the date set for the plea, the parties are directed to discuss their respective positions regarding bail conditions or remand following the defendant’s plea. In all cases in which the defendant is not detained prior to the plea, defense counsel is expected to have prepared the defendant regarding the possibility of remand following the plea. In particular, defense counsel is directed to consider whether the offense to which the defendant intends to plead guilty is one which mandates remand pursuant to 18 U.S.C. § 3143(a)(2).

6. Trials

A. Requests to Charge, Proposed Verdict Forms, and Proposed Voir Dire Questions.
Unless otherwise ordered, requests to charge, proposed verdict forms, and proposed voir

dire questions must be filed via ECF no later than three weeks prior to the trial date. At the time of filing, each party must also email copies of these documents in Microsoft Word format to WoodsNYSDChambers@nysd.uscourts.gov. Proposed requests to charge must include citations to supporting legal authority.

B. Exhibits and 3500 Material

i. At the start of trial, the Government must provide the Court with three copies of the witness list and exhibit list and two complete sets of pre-marked documentary exhibits and Section 3500 material assembled sequentially in loose leaf binders.

ii. Sidebars during jury trials are discouraged, and counsel are expected to anticipate any matters that might require argument and to raise those issues with the Court in advance of the time that the jury will be hearing the evidence.

iii. In advance of each trial session, counsel for the party going forward at that session must show opposing counsel the exhibits he or she intends to introduce at the session. The opponent shall indicate those exhibits to which he or she has no objection, and the Court will admit them when offered at the session. Those exhibits to which there is an objection shall be presented to the Court for ruling before the opening of the session.

iv. If counsel intend to distribute copies of documentary exhibits to the jury, they are to make a separate copy for each juror.

v. Counsel are obligated to maintain custody of all original exhibits. The Court does not retain them, and the Courtroom Deputy is not responsible for them.

7. Sentencing

A. Deadlines for Filing and Courtesy Copies. The defendant’s submission must be filed via ECF no later than two weeks in advance of the date set for sentencing. The Government’s sentencing submission must be filed via ECF at least one week in advance of the date set for sentencing. The parties must provide the Court with two courtesy copies of each submission at the time of filing.

B. 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. A party must group and file the letters together as attachments to a single document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated.

C. Video and Audio Media. A party submitting media files in connection with a sentencing hearing must, to the extent possible, provide them in a format capable of being played using

commonly available media players, e.g., Windows Media Player. Any party that submits a video or audio media file to the Court must simultaneously file a transcript of the content of the video or audio file. Because media files cannot currently be uploaded to ECF, a party submitting media files must file them physically with the Clerk of Court.

D. Public Record. Unless permission to the contrary has been obtained, every document in a sentencing submission, including letters, must be filed in the public record via ECF.

i. Redactions Not Requiring Court Approval. Parties are reminded not to include, unless necessary, the five categories of sensitive information listed in Rule 21.3 of the SDNY ECF Rules and Instructions (i.e., social security numbers, names of minors, dates of birth, financial account numbers, and home addresses), and to exercise caution with the six categories of sensitive information listed in Rule 21.4 of the SDNY ECF Rules and Instructions (i.e., personal identifying numbers, medical records, employment history, individual financial information, proprietary or trade secret information, and information regarding an individual’s cooperation with the government). A party may, without the Court’s approval, redact any such sensitive information.

ii. Redactions Requiring Court Approval. If a party redacts information beyond the eleven categories of information identified in Rule 7(C)(i) above, an application must be served and filed at the time the sentencing submission is served. The party seeking approval to redact information must publicly file the document with the proposed redactions. The application must clearly identify the redaction and explain the reasons for the redaction. The application will be addressed at the sentencing proceeding.

iii. Sealing. If any material is redacted from a publicly filed document, only those pages containing the redacted material will be filed under seal. Counsel must bring a 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.

Speedy Trial Exclusion Order

Revised: October 15, 2020

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA,

-v -
[NAME OF DEFENDANT[S]], Defendant[s].

X : : : : : : : : : : : : : X

1:[XX]-cr-[XXXX]-GHW

ORDER

GREGORY H. WOODS, United States District Judge: Upon the application of the [United States of America/defendant], by and through [NAME OF UNITED STATES ATTORNEY], [Acting] United States Attorney for the Southern District of New York, NAMES OF AUSA(s), Assistant United States Attorney(s), of counsel/his attorney, NAME OF DEFENSE ATTORNEY,]] and with the consent of [DEFENDANT’S NAME/the United States of America], by and through [his attorney, NAME OF DEFENSE ATTORNEY/[NAME OF UNITED STATES ATTORNEY], [Acting] United States Attorney for the Southern District of New York, NAMES OF AUSA(s), Assistant United States Attorney(s), of counsel], [it is hereby ORDERED/this Court ordered on DATE] that the [pretrial conference] in this case [is/be] continued from [DATE] to [DATE] at [TIME am/pm].
The Court finds that the ends of justice served by granting a continuance outweigh the best interest of the public and the defendant in a speedy trial because [•].1 Accordingly, it is [further]

1 Include the applicable 3161(h)(7)(A) factors here. Examples include: [it will permit the parties to continue to discuss a pretrial resolution of this matter/permit the defendant and his counsel to receive and review discovery/the case is so unusual or complex that it is unreasonable to expect adequate trial preparation within the limits established by the Speedy Trial Act/failure to grant the continuance would deny the reasonable time necessary for effective preparation].
The separate application for the exclusion of time should include a description of the facts that support the proposed

ORDERED that the time from the date of this order through [DATE] is hereby excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A).

SO ORDERED. Dated:
New York, New York

GREGORY H. WOODS

United States District Judge

exclusion of time and the facts need not be detailed in the proposed order submitted to the Court.

View source on SDNY.uscourts.gov →