Judge Cynthia M. Rufe

Paper courtesy copies are not required unless specifically requested; email copies are optional.

Unless specifically requested to do so, counsel should not send paper courtesy copies. Counsel may send courtesy copies by email, but it is not necessary.

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Page 5 | Unless specifically requested to do so

Non-emergency documents cannot be filed under seal without leave.

Unless it is an emergency, documents may not be filed under seal in a civil case absent leave.

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Sealed filing procedure requires narrow proposal and good cause.

(i) Well ahead of any applicable deadline, move to file under seal, proposing sealed material as narrowly as possible and articulating good cause consistent with applicable precedent. The motion to file under seal should be filed on the public docket by ECF. Any unredacted documents accompanying the motion should be consent of opposing counsel.

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Emergency sealed filings must be delivered by email or fax with explanation.

In the event of an emergency, the parties shall deliver by email or facsimile the documents and explain why seal is necessary and the nature of the emergency.

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After seal approval, file unredacted documents under seal and highlight non-public portions.

(ii) If the motion to file under seal is granted, file the complete, unredacted versions of the documents under seal by ECF on the docket (observing appropriate deadlines). Consistent with representations made when seeking leave to file under seal, and any related order, counsel should highlight the non-public portions of sealed documents.

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Protective orders must include specific language about filing under seal.

Any proposed protective order must include language to the following effect: “Protected material may only be filed under seal pursuant to a court order authorizing the sealing of the specific material at issue. If a party’s request to file material under seal is denied by the Court, then the party may file the information in the public record unless otherwise instructed by the Court. The Court retains the right to allow disclosure of any subject covered by this order or to modify this order at any time in the interest of justice.”

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Within 30 days, file redacted public versions of sealed documents.

(iii) Within 30 days of the filing under seal (or as otherwise ordered), file thoughtfully and narrowly redacted, public versions of the same documents on the docket. Documents filed under seal should be filed appropriately using ECF.

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Rule 26(f) conference required at least 14 days before Rule 16 scheduling conference; mandatory compliance.

Judge Rufe relies on good-faith compliance in all respects with Federal Rule of Civil Procedure 26(f). The Rule 26(f) meeting shall take place as soon as possible and, in any event, at least 14 days before the Rule 16 scheduling conference. Outstanding motions will not excuse the parties from timely holding the meeting and submitting a Rule 26 plan. Compliance is mandatory. The meeting should not be viewed as perfunctory, but rather as a meaningful and substantive discussion to formulate the discovery plan required by the Rule. Parties who do not comply will have no voice at the scheduling conference and may be subject to additional sanctions.

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Page 2 | CIVIL MATTERS

Summary judgment motions typically use alternative method schedule.

In most cases, summary judgment motions filed pursuant to Federal Rule of Civil Procedure 56 will use the form and schedule outlined in Attachment B to the Sample Scheduling Order (the Appendix hereto), which is known as the “alternative method.” When there are cross-motions for summary judgment or in certain other cases, however, Judge Rufe will permit the parties to file their Rule 56 Motions under the traditional method.

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Continuance requests must be filed 14 days before trial as motions with proposed order meeting Speedy Trial Act requirements; letter requests are prohibited.

Any request for a continuance must be filed no later than 14 days in advance of the scheduled trial date. Requests for a continuance must be filed as motions stating the reasons for the request. Any such motion must be accompanied by a proposed form of Order which, if approved by the Court, would grant the relief sought by the motion. The proposed form of Order must be consistent with the requirements of the Speedy Trial Act, 18 U.S.C. § 3161(h)(7), and include a proposed finding that explains in reasonable detail why the ends of justice served by granting the requested continuance outweigh the best interest of the public and the defendant in a speedy trial. Requests by letter are not permitted.

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Page 6 | Any request for a continuance must be filed no later than 14 days in advance

Joint status updates required every 30 days for continuances beyond 90 days.

In the rare event of a 90-day continuance, if counsel for both the Government and the defendant(s) believe that good cause exists for an additional continuance beyond the 90-day period, counsel may jointly request in writing an additional continuance. Any such request must state why good cause exists for an additional continuance. If Judge Rufe grants such a request, counsel shall be required to submit in writing a joint status update every 30 days until judgment of sentence is entered.

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Page 7 | GENERAL INFORMATION

Extension requests must have no effect on other deadlines and be filed appropriately.

Where compelling circumstances so require, counsel may request an extension of a filing or other deadline only if such request has no effect on other existing deadlines. If a request for an extension is unopposed, counsel must so state and may submit the request by motion, letter, or joint stipulation. Opposed requests must so state and be filed as a motion.

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Continuances exceeding 90 days are generally not considered.

will generally not consider any request for a continuance exceeding 90 days.

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Page 7 | GENERAL INFORMATION

Settlement conference continuances over 14 days require Judge Rufe's approval.

If for any reason counsel desires a continuance of a settlement conference listed before Judge Wells, counsel must contact Judge Wells’s Chambers directly. If, however, the requested continuance exceeds 14 days, counsel must receive Judge Rufe’s approval before contacting Judge Wells’s chambers.

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Chambers communications limited to scheduling/non-substantive matters; no ex parte substantive communications allowed.

Judge Rufe permits communications with Chambers by telephone, email, or facsimile regarding scheduling and other non-substantive matters. All other issues must be addressed by an appropriate motion or other document filed on the docket. Under no circumstances may any party or counsel communicate ex parte with any Chambers personnel concerning substantive matters. Law clerks may not render advice to counsel and have no authority to grant continuances or any other relief.

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Page 1 | GENERAL INFORMATION

Joint report on ADR options due by specified date, submitted to chambers by fax or email.

On or before [date], the parties, through counsel, shall jointly report to the Court, in writing, as to whether they wish to have a settlement conference before a magistrate judge, attempt mediation under Local Civil Rule 53.3 (a copy of which is attached hereto as Attachment A), or pursue some other form of alternative dispute resolution, for assistance in resolving the case and, if so, indicate by what date they will be prepared to commence such proceedings. This joint report should be submitted to Chambers by fax (to (267) 299-5077) or email (to (Chambers_of_Judge_Cynthia_M_Rufe@paed.uscourts.gov) and not filed of record.

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Page 8 | CIVIL MATTERS