Judge Alison J. Nathan
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- 1 copy
Courtesy copies
- 1 copy • Email • Upon Filing
Letter
- Upon Filing
Motion
- 1 copy
Adjournments
- Extensions not granted after deadlines unless exceptional circumstances exist.
- Adjournment/extension requests must include original dates, previous requests, adversary consent, and alternate dates.
Request must include
- Applications to modify/extend dates must be made 2 business days before deadline.
- Applications to extend deadlines must be in writing, made at least 2 business days before expiration, and require good cause; extensions after deadlines require exceptional circumstances.
- Bankruptcy appeal deadline extensions require stipulation submitted at least 2 business days before brief due date.
- Adjournment/extension requests must be made at least 48 hours in advance; extraordinary circumstances required for late requests.
- Adjournment or extension requests must be made at least 48 hours before the deadline, except in extraordinary circumstances.
- Opposition papers due 4 weeks after motion; reply papers due 2 weeks after opposition.
Communication
Chambers
Phone
Chambers
Letter via ECF
Chambers
Letter via ECF
Intake Unit
Page & Word Limits24 rules
Machine summary. Not checked yet.Mandatory?
Unless prior approval has been granted, no letter (however it is filed) may exceed three pages in length (exclusive of exhibits or attachments).
Summary: Letters limited to 3 pages (excluding exhibits/attachments)
3 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Unless prior approval has been granted, no letter (however it is filed) may exceed three pages in length (exclusive of exhibits or attachments).
Summary: Letters may not exceed three pages without prior approval.
Letter
3 pages
Machine summary. Not checked yet.Mandatory?
Letters may not exceed three pages in length (exclusive of exhibits or attachments). Any letter longer than one page must be double spaced.
Summary: Letters may not exceed 3 pages (exclusive of exhibits); double-spaced if >1 page.
Letter
3 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to 25 pages, and reply memoranda are limited to 10 pages.
Summary: Memoranda of law limited to 25 pages (support/opposition) and 10 pages (reply) unless permission granted.
Memorandum Of Law
25 pages
Applies to: Attorney
10 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Any Rule 56.1 statement in support of a motion for summary judgment is limited to no more than 25 pages unless leave of the Court to file a longer document is obtained at least one week prior to the due date of such motion for summary judgment.
Summary: Rule 56.1 statements limited to 25 pages unless leave obtained at least one week before due date.
Rule 56 1 Statement
25 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Any Rule 56.1 statement in support of a motion for summary judgment is limited to no more than 25 pages unless leave of the Court to file a longer document is obtained at least one week prior to the due date of such motion for summary judgment.
Summary: Rule 56.1 statements supporting summary judgment are limited to 25 pages unless leave obtained one week before due date.
Motion
25 pages
Machine summary. Not checked yet.Mandatory?
Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to 25 pages, and reply memoranda are limited to 10 pages.
Summary: Motion memoranda limited to 25 pages (support/opposition) and 10 pages (reply) unless leave granted.
Motion
25 pages
Opposition
25 pages
Reply
10 pages
Machine summary. Not checked yet.Mandatory?
An opposing party's response to the moving party's Rule 56.1 statement shall be no longer than 50 pages, unless leave of the Court to file a longer document is obtained at least one week prior to the due date of such submission.
Summary: Opposing party's response to Rule 56.1 statement limited to 50 pages unless leave obtained one week before due date.
Opposition
50 pages
Machine summary. Not checked yet.Mandatory?
If necessary, the opposing party may provide an additional Local Rule 56.1 statement containing a separate, short and concise statement of additional facts as to which it is contended that there exists a genuine issue to be tried. This submission shall be no longer than 25 pages.
Summary: Additional Rule 56.1 statement limited to 25 pages.
Additional Rule 56 1 Statement
25 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
An opposing party’s response to the moving party’s Rule 56.1 statement shall be no longer than 50 pages, unless leave of the Court to file a longer document is obtained at least one week prior to the due date of such submission.
Summary: Opposing party's Rule 56.1 response limited to 50 pages unless leave granted one week prior.
Rule 56 1 Response
50 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
If necessary, the opposing party may provide an additional Local Rule 56.1 statement containing a separate, short and concise statement of additional facts as to which it is contended that there exists a genuine issue to be tried. This submission shall be no longer than 25 pages.
Summary: Additional Rule 56.1 statement of separate facts limited to 25 pages.
Brief
25 pages
Machine summary. Not checked yet.Mandatory?
To arrange a pre-motion conference, the moving party shall submit a letter of not more than two pages setting forth the basis for the anticipated motion and explaining why exceptional circumstances justify submitting it before discovery closes.
Summary: Pre-motion letter for early summary judgment motion limited to 2 pages.
Letter
2 pages
Machine summary. Not checked yet.Mandatory?
Defendant shall then submit a motion for summary judgment and a memorandum of law of no more than 50 pages supporting their motion and opposing Plaintiff's motion.
Summary: Defendant's combined summary judgment motion and opposition memorandum limited to 50 pages.
Motion
50 pages
Machine summary. Not checked yet.Mandatory?
Defendant shall then submit a motion for summary judgment and a memorandum of law of no more than 50 pages supporting their motion and opposing Plaintiff’s motion. Defendant shall also file any Rule 56.1 statement in support of their motion, and any response to Plaintiff’s Rule 56.1 statement.
Summary: Defendant's summary judgment memorandum limited to 50 pages.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
Plaintiff shall then file a memorandum of law of no more than 35 pages opposing Defendant's motion and replying to Defendant's opposition to Plaintiff's motion.
Summary: Plaintiff's opposition and reply memorandum limited to 35 pages.
Brief
35 pages
Machine summary. Not checked yet.Mandatory?
Plaintiff shall then file a memorandum of law of no more than 35 pages opposing Defendant’s motion and replying to Defendant’s opposition to Plaintiff’s motion.
Summary: Plaintiff's reply memorandum limited to 35 pages.
Reply Memorandum
Machine summary. Not checked yet.Mandatory?
Defendant shall then file a reply to Plaintiff's opposition of no more than 10 pages.
Summary: Defendant's reply to plaintiff's opposition limited to 10 pages.
Reply
10 pages
Machine summary. Not checked yet.Mandatory?
Defendant shall then file a reply to Plaintiff’s opposition of no more than 10 pages.
Summary: Defendant's reply limited to 10 pages.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
In any action in which subject matter jurisdiction is founded on diversity of citizenship pursuant to 28 U.S.C. § 1332, the party asserting the existence of such jurisdiction shall, prior to the Initial Pretrial Conference, submit to the Court a letter no longer than two pages explaining the basis for that party's belief that diversity of citizenship exists.
Summary: Diversity jurisdiction cases require letter no longer than 2 pages explaining basis for diversity jurisdiction, filed before Initial Pretrial Conference.
Diversity Jurisdiction Letter
2 pages
Machine summary. Not checked yet.Mandatory?
Any Rule 56.1 statement in support of a motion for summary judgment is limited to no more than 25 pages unless leave of the Court to file a longer document is obtained at least one week prior to the due date of such motion for summary judgment. An opposing party’s response to the moving party’s Rule 56.1 statement shall be no longer than 50 pages, unless leave of the Court to file a longer document is obtained at least one week prior to the due date of such submission.
Summary: Rule 56.1 statements limited to 25 pages (support) or 50 pages (opposition), with leave option.
25 pages
Applies to: Pro Se
Opposition Rule 56.1 Statement
50 pages
Applies to: Pro Se
Machine summary. Not checked yet.Mandatory?
Memoranda of law in support of and in opposition to motions are limited to 25 pages, and reply memoranda are limited to 10 pages. All memoranda of law shall be in 12-point font or larger and be double-spaced.
Summary: Memoranda of law limited to 25 pages; reply memoranda to 10 pages; 12-point font, double-spaced.
25 pages
Applies to: Pro Se
Reply Memorandum
10 pages
Applies to: Pro Se
Machine summary. Not checked yet.Mandatory?
Any Rule 56.1 statement in support of a motion for summary judgment is limited to no more than 25 pages unless leave of the Court to file a longer document is obtained at least one week prior to the due date of such motion for summary judgment. An opposing party's response to the moving party's Rule 56.1 statement shall be no longer than 50 pages, unless leave of the Court to file a longer document is obtained at least one week prior to the due date of such submission. If necessary, the opposing party may provide an additional Local Rule 56.1 statement containing a separate, short and concise statement of additional facts as to which it is contended that there exists a genuine issue to be tried. This submission shall be no longer than 25 pages.
Summary: Rule 56.1 statements limited to 25 pages (moving), 50 pages (opposition), 25 pages (additional facts).
Motion
25 pages
Machine summary. Not checked yet.Mandatory?
Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to 25 pages, and reply memoranda are limited to 10 pages. All memoranda of law shall be in 12-point font or larger and be double-spaced.
Summary: Memoranda of law limited to 25 pages (10 for replies), 12-point font minimum, double-spaced.
25 pages
Machine summary. Not checked yet.Important?
Letters may not exceed three pages in length (exclusive of exhibits or attachments).
Summary: Letters filed on ECF are limited to 3 pages, excluding exhibits and attachments.
Letter
3 pages
Document Format Requirements11 rules
Machine summary. Not checked yet.Mandatory?
All communications with the Court must be submitted by letter and filed on ECF. Any letter that is longer than one page must be double spaced.
Summary: Letters to court must be filed on ECF and double-spaced if over one page
Machine summary. Not checked yet.Mandatory?
All sentencing submissions must be double spaced.
Summary: Sentencing submissions must be double spaced.
Machine summary. Not checked yet.Mandatory?
All appendices to memoranda of law must be tabbed and indexed.
Summary: Appendices to memoranda of law must be tabbed and indexed.
Machine summary. Not checked yet.Mandatory?
In addition to filing these documents on ECF, parties should also submit copies of these documents to the Court by email (ca02_AJNchambers@ca2.uscourts.gov), as Microsoft Word documents.
Summary: Requests to charge, verdict forms, and voir dire questions must be submitted as Microsoft Word documents.
DOCX
Machine summary. Not checked yet.Mandatory?
If permitted by the Standing Order, mobile telephones are permitted inside the Courtroom, but they MUST be kept turned off at all times.
Summary: Mobile phones must be turned off in courtroom at all times.
Machine summary. Not checked yet.Important?
Any letter that is longer than one page must be double spaced.
Summary: Letters longer than one page must be double spaced.
Machine summary. Not checked yet.Important?
All sentencing submissions must be double spaced.
Summary: Sentencing submissions must be double spaced.
Machine summary. Not checked yet.Important?
Any letter longer than one page must be double spaced.
Summary: Letters exceeding one page in length must be double spaced.
Machine summary. Not checked yet.Important?
All appendices to memoranda of law must be tabbed and indexed.
Summary: Appendices to memoranda must be tabbed and indexed.
Machine summary. Not checked yet.Important?
Any letter filed with the Court that is longer than one page must be double spaced.
Summary: Letters over one page must be double-spaced.
Machine summary. Not checked yet.Important?
Any letter filed with the Court that is longer than one page must be double spaced.
Summary: Letters longer than one page must be double-spaced.
Document Filing Requirements54 rules
Machine summary. Not checked yet.Mandatory?
If a party seeks an exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161, the party must submit to the Court by email a proposed order (in Microsoft Word format) along with its request for adjournment or extension.
Summary: Speedy Trial Act exclusions require proposed order in Word format
Document Type
Adjournment Request
Machine summary. Not checked yet.Mandatory?
When a defendant is pleading guilty pursuant to a plea agreement or a cooperation agreement, or where the Government is providing a Pimentel letter, a copy of the relevant document ordinarily must be emailed to the Court (ca02_AJNchambers@ca2.uscourts.gov) at least two business days before the scheduled plea.
Summary: Plea agreements, cooperation agreements, and Pimentel letters must be emailed to chambers at least two business days before the scheduled plea.
Document Type
Plea Agreement
Machine summary. Not checked yet.Mandatory?
At the start of the trial, the Government must provide the Court with three hard copies of the exhibit list, and one set of pre-marked documentary exhibits and Section 3500 material assembled sequentially in a loose leaf binder, or in separate manila folders labeled with the exhibit numbers and placed in a suitable container for ready reference.
Summary: Government must provide three hard copies of exhibit list and one set of pre-marked exhibits in binder or folders at trial start.
Document Type
Exhibits
Machine summary. Not checked yet.Mandatory?
Unless otherwise ordered, proposed voir dire, jury instructions, and verdict forms shall be ECF filed two weeks prior to the trial date. At the time of ECF filing, each party should also email copies of these documents, as Microsoft Word documents, to ca02_AJNchambers@ca2.uscourts.gov.
Summary: Proposed voir dire, jury instructions, and verdict forms must be ECF filed two weeks before trial and emailed as Word documents to chambers.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
Any discovery motion must contain the Rule 16.1 affidavit.
Summary: Discovery motions must include Rule 16.1 affidavit.
Document Type
Discovery Motion
Machine summary. Not checked yet.Mandatory?
Any discovery motion must contain the Rule 16.1 affidavit.
Summary: Discovery motions must include a Rule 16.1 affidavit.
Document Type
Discovery Motion
Machine summary. Not checked yet.Mandatory?
Any written request for a bail modification by a defendant shall indicate whether the Government and the Pre-Trial Services Officer consent to the request.
Summary: Bail modification requests must indicate Government and Pre-Trial Services Officer consent status.
Document Type
Bail Modification Request
Machine summary. Not checked yet.Mandatory?
Any written request for a bail modification by a defendant shall indicate whether the Government and the Pre-Trial Services Officer consent to the request.
Summary: Bail modification requests must indicate Government and Pre-Trial Services Officer consent.
Document Type
Bail Modification Request
Machine summary. Not checked yet.Mandatory?
Whenever Defense Counsel has received, or is receiving, a benefactor payment that subjects counsel to a conflict of interest, said counsel must inform the Court and request a Curcio hearing at the initial conference.
Summary: Benefactor payments requiring conflict disclosure must be reported at initial conference
Document Type
Conflict Disclosure
Machine summary. Not checked yet.Mandatory?
Unless otherwise ordered by the Court, a defendant's sentencing submission shall be served one week in advance of the sentencing date; the Government's sentencing submission shall be served three days in advance of the sentencing date.
Summary: Defendant sentencing submissions due one week before sentencing; Government submissions due three days before.
Document Type
Sentencing Memorandum
Machine summary. Not checked yet.Mandatory?
Except for submissions to be filed under seal or in redacted form, every document in a sentencing submission, including letters, must be filed on ECF.
Summary: All sentencing submission documents must be filed on ECF unless sealed or redacted.
Document Type
Sentencing Submission
Machine summary. Not checked yet.Mandatory?
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.
Summary: Defendant files letters from friends/relatives; Government files victim letters.
Document Type
Sentencing Submission
Machine summary. Not checked yet.Mandatory?
Letters should be grouped and filed together as attachments to a single document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated.
Summary: Letters must be grouped and filed as attachments to SENTENCING MEMORANDUM with caption and docket number.
Document Type
Sentencing Submission
Machine summary. Not checked yet.Mandatory?
All motions and applications shall be governed by the Court’s Individual Rules.
Summary: All motions and applications must follow the Court's Individual Rules.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions... Such requests must state: (i) the original date(s); (ii) the number of previous requests for adjournment or extension; (iii) whether these previous requests were granted or denied; and (iv) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent. If the parties are requesting adjournment of a conference, they must also provide three mutually agreeable alternate conference dates. If the parties are requesting adjournment of an initial pretrial conference or post-discovery conference, the proposed dates should be Friday afternoons. If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order should be attached to the request.
Summary: Adjournment or extension requests must be filed as letter-motions with specific required information and proposed dates.
Document Type
Letter Motion
Machine summary. Not checked yet.Mandatory?
This Notice will, inter alia, direct the parties to submit a Joint Letter (as described in the Notice) and a proposed Civil Case Management Plan and Scheduling Order to the Court at least seven days prior to the conference date.
Summary: Parties must submit a Joint Letter and proposed Civil Case Management Plan at least 7 days before the Initial Case Management Conference.
Document Type
Letter
Machine summary. Not checked yet.Mandatory?
Sur-reply memoranda will not be accepted without prior permission of the Court.
Summary: Sur-reply memoranda require prior permission from the Court.
Document Type
Sur Reply
Machine summary. Not checked yet.Mandatory?
Any attorney appearing before the Court must enter a Notice of Appearance with the Clerk of Court.
Summary: Attorneys must file a Notice of Appearance with the Clerk of Court.
Document Type
Notice Of Appearance
Machine summary. Not checked yet.Mandatory?
When a motion to dismiss is filed, the non-moving party must, within 10 days of receipt of the motion, notify the Court and its adversary in writing whether (i) it intends to file an amended pleading and when it will do so, or (ii) it will rely on the pleading being attacked.
Summary: Non-moving party must notify Court and adversary within 10 days of motion to dismiss about amending or relying on existing pleading.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
All Memoranda of 10 pages or more shall contain a table of contents and a table of authorities, neither of which shall count against the page limit.
Summary: Memoranda of 10+ pages must include table of contents and authorities, excluded from page count.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Each statement by a movant or opponent pursuant to Rule 56.1(a) and (b), including each statement controverting any statement of material fact, must be followed by citation to evidence which would be admissible, set forth as required by Fed. R. Civ. P. 56(c).
Summary: Rule 56.1 statements must include citations to admissible evidence.
Document Type
Rule 56 1 Statement
Machine summary. Not checked yet.Mandatory?
L. Proposed Orders. All proposed orders that parties wish the Court to sign should be submitted on ECF as attachments or exhibits to an appropriate formal application to the Court seeking the endorsement of such order.
Summary: Proposed orders must be submitted on ECF as attachments to formal applications
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
The plaintiff must serve the motion for default judgment and supporting paperwork on the party against whom default judgment is sought and file an affidavit of service on ECF within fourteen days of filing the motion for default judgment. The Court will not consider the motion for default judgment until such affidavit of service is filed. If more than fourteen days are required to complete service of the motion for default judgment and supporting papers, the plaintiff should file a letter on ECF explaining why additional time is necessary and when the plaintiff anticipates service will be completed.
Summary: Plaintiff must serve default judgment motion and file affidavit of service on ECF within 14 days; Court will not consider motion until affidavit is filed.
Document Type
Default Judgment
Machine summary. Not checked yet.Mandatory?
The Court will review the motion for default judgment and, if appropriate, issue an order setting a date and time for a default judgment hearing. If the Court issues such an order, the plaintiff must then serve on the party against whom default judgment is sought the Court’s order setting a date and time for the default judgment hearing. The plaintiff must filed proof of such service on the docket in the manner and by the date specified in the Court’s order setting the default judgment hearing.
Summary: Plaintiff must serve Court's default judgment hearing order and file proof of service
Document Type
Default Judgment Hearing Order
Machine summary. Not checked yet.Mandatory?
The plaintiff must serve the motion for default judgment and supporting paperwork on the party against whom default judgment is sought and file an affidavit of service on ECF within fourteen days of filing the motion for default judgment. The Court will not consider the motion for default judgment until such affidavit of service is filed. If more than fourteen days are required to complete service of the motion for default judgment and supporting papers, the plaintiff should file a letter on ECF explaining why additional time is necessary and when the plaintiff anticipates service will be completed.
Summary: Plaintiff must serve motion for default judgment within 14 days and file affidavit of service on ECF
Document Type
Motion For Default Judgment
Machine summary. Not checked yet.Mandatory?
L. Proposed Orders. All proposed orders that parties wish the Court to sign should be submitted on ECF as attachments or exhibits to an appropriate formal application to the Court seeking the endorsement of such order.
Summary: All proposed orders must be submitted on ECF as attachments/exhibits to a formal application seeking endorsement.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
The parties must submit to the Court both the settlement agreement and a joint letter explaining why the settlement should be approved. The joint letter should contain the following: i. Discussion of the considerations detailed in Wolinksy, 900 F. Supp. 2d at 335–36. ii. A description of the method used to calculate the settlement amounts. iii. A list of the hours plaintiff(s) worked and at what wages. This should be detailed enough to enable the Court to follow the parties' steps in calculating the settlement amounts. If the parties disagree on hours worked or wages owed, both parties' estimates should be included.Detailed billing records to support any request for attorneys' fees, documenting the hours expended and the nature of the work done. iv. If the proposed settlement contains a non-disparagement provision, authority and argument demonstrating that the proposed provision is fair and reasonable.
Summary: FLSA settlement requires joint letter containing Wolinsky considerations, calculation method, hours/wages worked, billing records, and non-disparagement authority if applicable.
Document Type
Settlement Approval Letter
Machine summary. Not checked yet.Mandatory?
Unless otherwise ordered by the Court, within 40 days from the date for the completion of all discovery, or, if a dispositive motion has been filed, within 14 days of a decision on such motion, the parties shall electronically file a proposed Joint Pretrial Report. This document, which should be ECF filed under the event heading 'Joint Pretrial Report,' shall 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 shall include citations to all statutes relied on and relevant facts as to citizenship and jurisdictional amount;
Summary: Joint Pretrial Report due within 40 days after discovery completion or 14 days after dispositive motion decision, containing caption, counsel info, and jurisdiction statements.
Document Type
Joint Pretrial Report
Machine summary. Not checked yet.Mandatory?
Counsel for all parties must file a notice of appearance in this Court promptly upon removal.
Summary: All parties must file notice of appearance promptly upon removal from state court.
Document Type
Notice Of Appearance
Machine summary. Not checked yet.Mandatory?
Where any party is a corporation, the letter shall state both the place of incorporation and the principal place of business. In cases where any party is a partnership, limited partnership, limited liability company, or trust, the letter shall state the citizenship of each of the entity's members, shareholders, partners, and/or trustees.
Summary: Diversity jurisdiction letter must state place of incorporation and principal place of business for corporations, or citizenship of all members/partners for partnerships/LLCs/trusts.
Document Type
Diversity Jurisdiction Letter
Machine summary. Not checked yet.Mandatory?
The joint letter should contain the following: i. Discussion of the considerations detailed in Wolinksy, 900 F. Supp. 2d at 335–36. ii. A description of the method used to calculate the settlement amounts. iii. A list of the hours plaintiff(s) worked and at what wages. This should be detailed enough to enable the Court to follow the parties' steps in calculating the settlement amounts. If the parties disagree on hours worked or wages owed, both parties' estimates should be included.Detailed billing records to support any request for attorneys' fees, documenting the hours expended and the nature of the work done. iv. If the proposed settlement contains a non-disparagement provision, authority and argument demonstrating that the proposed provision is fair and reasonable.
Summary: FLSA settlement joint letter must include Wolinsky considerations, calculation method, hours/wages, billing records, and non-disparagement analysis if applicable.
Document Type
Joint Letter
Machine summary. Not checked yet.Mandatory?
At the time the Joint Pretrial Report is filed, each party shall file on ECF 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.
Summary: Affidavits for direct testimony must be filed on ECF with joint pretrial report.
Document Type
Affidavit
Machine summary. Not checked yet.Mandatory?
At the time the Joint Pretrial Report is filed, each party shall electronically file proposed findings of fact and conclusions of law. The proposed findings of fact should be detailed and should include citations to the proffered trial testimony and exhibits, as there may be no opportunity for post-trial submissions.
Summary: Proposed findings of fact and conclusions of law must be filed with joint pretrial report.
Document Type
Proposed Findings Conclusions
Machine summary. Not checked yet.Mandatory?
Counsel for the party or parties which removed the case must, in addition to providing a copy of all process, pleadings, and papers served upon the defendants pursuant to 28 U.S.C. § 1446(a), file a copy of any pleading filed or served while the case remained in State court. Counsel for all parties must file a notice of appearance in this Court promptly upon removal.
Summary: Removal cases require filing copies of state court pleadings and prompt notice of appearance.
Document Type
Removal Case
Machine summary. Not checked yet.Mandatory?
At the time that the Joint Pretrial Report is filed, each party shall submit to the Court a thumb drive containing one copy of each documentary exhibit sought to be admitted. Exhibits shall also be filed on ECF.
Summary: Documentary exhibits must be submitted on thumb drive and ECF at time of joint pretrial report.
Document Type
Exhibit
Filing & Service rules
Courtesy Copy Requirements
Government must provide 3 hard copies of exhibit list and 1 set of exhibits/3500 materials at trial start.
At the start of the trial, the Government must provide the Court with three hard copies of the exhibit list, and one set of pre-marked documentary exhibits and Section 3500 material assembled sequentially in a loose leaf binder, or in separate manila folders labeled with the exhibit numbers and placed in a suitable container for ready reference.
Machine summary. Not checked yet. · Criminal cases
Page 3 | Trials
Voir dire, jury instructions, and verdict forms must be ECF filed 2 weeks before trial and emailed to chambers.
proposed voir dire, jury instructions, and verdict forms shall be ECF filed two weeks prior to the trial date. At the time of ECF filing, each party should also email copies of these documents, as Microsoft Word documents, to ca02_AJNchambers@ca2.uscourts.gov.
Machine summary. Not checked yet. · Criminal cases
Page 3 | Trials
Plea agreements and Pimentel letters must be emailed to chambers at least 2 business days before plea.
When a defendant is pleading guilty pursuant to a plea agreement or a cooperation agreement, or where the Government is providing a Pimentel letter, a copy of the relevant document ordinarily must be emailed to the Court (ca02_AJNchambers@ca2.uscourts.gov) at least two business days before the scheduled plea.
Machine summary. Not checked yet. · Criminal cases
Page 3 | Guilty Pleas
One courtesy copy of each sentencing submission must be provided to the Court at the time of service.
The parties should provide the Court with one courtesy copy of each submission at the time it is served.
Machine summary. Not checked yet. · Criminal cases
Page 4 | Sentencing
Defendant's sentencing submission due 1 week before, Government's due 3 days before; courtesy copies required.
a defendant’s sentencing submission shall be served one week in advance of the sentencing date; the Government’s sentencing submission shall be served three days in advance of the sentencing date. The parties should provide the Court with one courtesy copy of each submission at the time it is served.
Machine summary. Not checked yet. · Criminal cases
Page 4 | Sentencing
Parties must email Microsoft Word copies of requests to charge, verdict forms, and voir dire questions to chambers in addition to ECF filing.
In addition to filing these documents on ECF, parties should also submit copies of these documents to the Court by email (ca02_AJNchambers@ca2.uscourts.gov), as Microsoft Word documents.
Machine summary. Not checked yet.
Page 12 | Requests to Charge and Proposed Voir Dires
One courtesy copy required for all motion papers.
All motion papers should include one courtesy copy for the Court. All courtesy copies shall be clearly marked as such.
Machine summary. Not checked yet.
Page 2 | MOTIONS
All motion papers must include one courtesy copy clearly marked for the Court.
All motion papers should include one courtesy copy for the Court. All courtesy copies shall be clearly marked as such.
Machine summary. Not checked yet.
No courtesy copies required for letters filed on ECF
Parties should not submit courtesy copies of letters filed on ECF.
Machine summary. Not checked yet. · Criminal cases
Page 2 | Letters
Courtesy copies should not be submitted for letters filed on ECF unless specifically noted otherwise.
Unless otherwise noted, parties should not submit courtesy copies of letters filed on ECF.
Machine summary. Not checked yet.
Page 1 | 1. Communications with Chambers - A. All Communications by Letter
Sealing & Redaction Procedures
Redacted pages must be filed under seal and brought to sentencing with redaction markings.
If any material is redacted from the publicly filed document, only those pages containing the redacted material will be filed under seal. 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.
Machine summary. Not checked yet. · Criminal cases
Page 4 | Sentencing
Redactions beyond 11 categories require application served and filed with sentencing submission.
If a party redacts information beyond the eleven categories of information identified in the Privacy Policy, an application to do so must be served and filed at the time the sentencing submission is served.
Machine summary. Not checked yet. · Criminal cases
Page 4 | Sentencing
Redaction beyond the 11 categories identified in the Privacy Policy requires a court application filed with the sentencing submission.
If a party redacts information beyond the eleven categories of information identified in the Privacy Policy, an application to do so must be served and filed at the time the sentencing submission is served. The application should clearly identify the redaction and explain the reasons for the redaction. The application will be addressed at the sentencing proceeding.
Machine summary. Not checked yet. · Criminal cases
Page 4 | Sentencing
Parties may redact 11 categories of sensitive information without court application; only redacted pages filed under seal; marked copy must be brought to sentencing.
Parties may redact the five categories of "sensitive information" and the six categories of information requiring caution (i.e., personal identifying number, medical records, treatment and diagnosis, employment history, individual financial information, proprietary or trade secret information, and information regarding an individual's cooperation with the government) as described in the Privacy Policy, without application to the Court. If any material is redacted from the publicly filed document, only those pages containing the redacted material will be filed under seal. 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.
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Page 4 | Sentencing
For redactions in publicly filed documents: file redacted version publicly and unredacted version with highlights under seal, both related to the motion.
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.
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Page 8 | Sealing and Redactions
All sealing and redactions except those in Section 4.A require Court approval.
B. Sealing and Redactions Requiring Court Approval. Except as permitted by Section 4.A, all sealing and redactions require Court approval.
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Page 8 | Sealing and Redactions
For redactions in publicly filed documents, file redacted version publicly and unredacted version 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.
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Page 8 | Sealing and Redactions Requiring Court Approval
Motions for sealed/redacted filings must be filed on ECF in public view with reasons; supporting papers filed separately and may be sealed/redacted only as necessary.
Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court's ECF system in conformity with the court's standing order, 19-mc-00583, and ECF Rules & Instructions, section 6. The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal, and should not include confidential information sought to be filed under seal. Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.
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Page 8 | Sealing and Redactions
Proposed sealed documents must be filed under seal and electronically related to the motion
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.
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Page 8 | Sealing and Redactions Requiring Court Approval
All sealing and redactions require Court approval except for specified sensitive information
B. Sealing and Redactions Requiring Court Approval. Except as permitted by Section 4.A, all sealing and redactions require Court approval. Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court’s ECF system in conformity with the court’s standing order, 19-mc-00583, and ECF Rules & Instructions, section 6. The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal, and should not include confidential information sought to be filed under seal. Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.
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Page 8 | Sealing and Redactions Requiring Court Approval
Parties unable to file sealed documents electronically through ECF must move for leave to file on paper.
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.
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Page 9 | Other Pretrial Guidance
Party seeking to file sealed materials must notify opposing party to file a letter within 3 days explaining the need for sealing.
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.
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Page 9 | Other Pretrial Guidance
Parties must seek leave to file sealed documents on paper if unable to use ECF system.
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.
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Parties may redact 11 categories of sensitive information without court application.
Parties may redact the five categories of “sensitive information” and the six categories of information requiring caution... without application to the Court.
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Page 4 | Sentencing
Parties may redact 5 categories of sensitive information and 6 categories of caution information without Court approval.
A. Sealing and Redactions Not Requiring Court Approval. The parties are referred to the EGovernment Act of 2002 and the Southern District's ECF Privacy Policy categories of "sensitive information" in their submissions (i.e., social security numbers [use the last four digits only], names of minor children [use the initials only], dates of birth [use the year only], financial account numbers [use the last four digits only], and home addresses [use only the City and State]). Parties may redact the five categories of "sensitive information" and the six categories of information requiring caution (i.e., personal identifying number, medical records (including information regarding treatment and diagnosis), employment history, individual financial information, proprietary or trade secret information, and information regarding an individual's cooperation with the government), as described in the Privacy Policy, without Court approval.
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Page 7 | Sealing and Redactions
Certain sensitive information categories may be redacted without Court approval
A. Sealing and Redactions Not Requiring Court Approval. The parties are referred to the EGovernment Act of 2002 and the Southern District’s ECF Privacy Policy categories of “sensitive information” in their submissions (i.e., social security numbers [use the last four digits only], names of minor children [use the initials only], dates of birth [use the year only], financial account numbers [use the last four digits only], and home addresses [use only the City and State]). Parties may redact the five categories of “sensitive information” and the six categories of information requiring caution (i.e., personal identifying number, medical records (including information regarding treatment and diagnosis), employment history, individual financial information, proprietary or trade secret information, and information regarding an individual’s cooperation with the government), as described in the Privacy Policy, without Court approval.
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Page 7 | Sealing and Redactions Not Requiring Court Approval
Redactions and sealing must be narrowly tailored and consistent with public access presumption
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 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.
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Page 8 | Sealing and Redactions Requiring Court Approval
Filing Bundling Requirements
Motion papers must be filed promptly after service.
Motion papers shall be filed promptly after service.
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Page 3 | Motions
Motion papers must be filed promptly after service.
Motion papers shall be filed promptly after service.
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Page 4 | Motions
Pre-Motion Conference Requirements
All adjournment, extension, and pre-motion conference requests must be filed as ECF letter-motions.
Letter-Motions. Letter-motions may be filed via ECF if they comply with the S.D.N.Y. Local Rules and the S.D.N.Y. “Electronic Case Filing Rules and Instructions” (the “ECF Rules”). All requests for adjournments, extensions, and pre-motion conferences (including pre-motion conferences with respect to discovery disputes) shall be filed as letter-motions.
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Page 2 | Communications with Chambers
Discovery disputes require good-faith meet-and-confer before filing letter-motion; responses due within 2 business days.
Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, the party may file a letter-motion, explaining the nature of the dispute and requesting an informal conference. Such a letter must include a representation that the meet-and-confer process occurred by telephone or in person and was unsuccessful. If the opposing party wishes to respond to the letter, it must submit a responsive letter, within two business days of the initial letter.
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Page 3 | Conferences
Non-moving party must notify Court within 10 days of motion to dismiss whether it will amend or rely on current pleading.
When a motion to dismiss is filed, the non-moving party must, within 10 days of receipt of the motion, notify the Court and its adversary in writing whether (i) it intends to file an amended pleading and when it will do so, or (ii) it will rely on the pleading being attacked.
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Page 3 | Motions
Summary judgment motions must be submitted within 30 days of close of discovery unless Court orders otherwise.
Unless otherwise ordered by the Court, summary judgment motions shall be submitted within 30 days of the close of all discovery.
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Page 4 | Motions
Summary judgment motions must be submitted within 30 days after discovery closes unless otherwise ordered.
Unless otherwise ordered by the Court, summary judgment motions shall be submitted within 30 days of the close of all discovery.
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Page 4 | Motions
Pre-motion conference required for summary judgment motions filed before discovery closes.
Summary judgment motions made before the close of discovery are strongly discouraged, although the Court will consider them in exceptional circumstances. A pre-motion conference with the Court is required before making any such motion.
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Page 5 | Statement of Material Facts Pursuant to Local Rule 56.1
Pre-motion conference required for summary judgment before discovery closes; 2-page letter and 3-day response allowed.
A pre-motion conference with the Court is required before making any such motion. To arrange a pre-motion conference, the moving party shall submit a letter of not more than two pages setting forth the basis for the anticipated motion and explaining why exceptional circumstances justify submitting it before discovery closes. The opposing party may respond with a letter of not more than two pages within three days after the pre-motion letter is filed.
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Page 5 | Statement of Material Facts Pursuant to Local Rule 56.1
Response to pre-motion letter limited to 2 pages and due within 3 days.
The opposing party may respond with a letter of not more than two pages within three days after the pre-motion letter is filed.
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Page 5 | Statement of Material Facts Pursuant to Local Rule 56.1
Counsel must meet in person for at least one hour to discuss settlement within 14 days after fact discovery closes.
All counsel must meet in person for at least one hour to discuss settlement within fourteen (14) days following the close of fact discovery.
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Page 2 | Paragraph 11
Summary judgment practice not ordinarily allowed in non-jury cases without good cause.
Absent good cause, the Court will not ordinarily have summary judgment practice in a non-jury case.
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Page 3 | Summary Judgment and Daubert motions
Declining to amend after fully briefed motion to dismiss may waive right to cure defects through amendment.
Non-moving parties are on notice that declining to amend their pleadings to timely respond to a fully briefed argument in the motion to dismiss may well constitute a waiver of their right to use the amendment process to cure any defects that have been made apparent by the briefing.
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Page 3 | Motions
Sur-reply memoranda require prior court permission.
Sur-reply memoranda will not be accepted without prior permission of the Court.
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Page 4 | Motions
Court will deny original motion to dismiss as moot without notice if moving party files answer or new motion.
If the moving party files an answer or a new motion to dismiss, the Court will deny the original motion to dismiss as moot without notice to the parties.
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Page 3 | Motions
Oral argument may be requested by letter when filing motion papers.
Parties may request oral argument by letter at the time their moving, opposing, or reply papers are filed.
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Page 3 | Motions
Parties with expedited discovery schedules (6 months or less) may request cancellation of the Initial Pretrial Conference via Joint Letter.
If counsel agree on a schedule that calls for the close of all discovery not more than six months from the date of the Notice of Initial Pretrial Conference, the parties may request in the above-referenced Joint Letter that the Initial Pretrial Conference be cancelled. The Court will ordinarily grant such a request.
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Page 3 | Conferences
Pre-motion conferences are not required except for discovery disputes and early summary judgment motions.
Pre-motion conferences are not required, except for disputes concerning discovery, which are governed by Rule 2.C, and summary judgment motions made before the close of discovery, which are governed by Rule 3.G.vii.
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Page 4 | Motions
Adjournment & Extension Requirements
Adjournment/extension requests must be filed as letter-motions on ECF
All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions, consistent with Paragraph 2.B above.
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Page 2 | Requests for Adjournments or Extensions of Time
Adjournment requests require 48 hours notice (72 hours for sentencing)
Absent an emergency, any request for extension or adjournment shall be made at least 48 hours prior to the deadline or scheduled appearance and any request for adjournment of sentencing shall be made at least 72 hours prior to the scheduled proceeding.
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Page 2 | Requests for Adjournments or Extensions of Time
Adjournment/extension requests must be filed as letter-motions with specific required elements.
All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions, consistent with Paragraph 2.B above. (If a request contains sensitive or confidential information, it may be submitted by email in lieu of being filed electronically.) Such requests must state: (i) the original date(s); (ii) the number of previous requests for adjournment or extension; (iii) whether these previous requests were granted or denied; (iv) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent; and (v) the date of the parties' next scheduled appearance before the Court.
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Page 2 | Communications with Chambers
Extension/adjournment requests require 48 hours notice (72 hours for sentencing) absent emergency.
Absent an emergency, any request for extension or adjournment shall be made at least 48 hours prior to the deadline or scheduled appearance and any request for adjournment of sentencing shall be made at least 72 hours prior to the scheduled proceeding.
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Page 2 | Communications with Chambers
Applications to extend deadlines must be in writing, made at least 2 business days before expiration, and require good cause; extensions after deadlines require exceptional circumstances.
Except for the dates contained in ¶ 8 above, 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 shall be made in a written application in accordance with Court's Individual Rules and shall be made no fewer than two (2) business days prior to the expiration of the date sought to be extended. Absent exceptional circumstances, extensions will not be granted after deadlines have already passed. Ongoing settlement discussions do not extend any date herein unless expressly ordered by the Court.
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Page 4 | Order modification provisions
Applications to modify/extend dates must be made 2 business days before deadline.
Any application to modify or extend the dates herein shall be made in a written application in accordance with Court’s Individual Rules and shall be made no fewer than two (2) business days prior to the expiration of the date sought to be extended.
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Page 4 | Case Management Order
Extensions not granted after deadlines unless exceptional circumstances exist.
Absent exceptional circumstances, extensions will not be granted after deadlines have already passed.
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Page 4 | Case Management Order
Adjournment or extension requests must be made at least 48 hours before the deadline, except in extraordinary circumstances.
All requests for adjournment or extension of time must be made at least 48 hours prior to the scheduled deadline or appearance. Absent extraordinary circumstances, requests outside this period will be denied.
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Page 2 | 1. Communications with Chambers - E. Requests for Adjournments or Extensions of Time
Adjournment/extension requests must include original dates, previous requests, adversary consent, and alternate dates.
Requests for Adjournments or Extensions of Time. All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions, or submitted pursuant to Rule 1.C, if appropriate. Such requests must state: (i) the original date(s); (ii) the number of previous requests for adjournment or extension; (iii) whether these previous requests were granted or denied; and (iv) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent. If the parties are requesting adjournment of a conference, they must also provide three mutually agreeable alternate conference dates. If the parties are requesting adjournment of an initial pretrial conference or post-discovery conference, the proposed dates should be Friday afternoons.
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Page 2 | Communications with Chambers
Adjournment/extension requests must be made at least 48 hours in advance; extraordinary circumstances required for late requests.
All requests for adjournment or extension of time must be made at least 48 hours prior to the scheduled deadline or appearance. Absent extraordinary circumstances, requests outside this period will be denied. If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order should be attached to the request.
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Page 2 | Communications with Chambers
Opposition papers due 4 weeks after motion; reply papers due 2 weeks after opposition.
Unless otherwise ordered by the Court, papers filed in opposition to a motion must be served and filed within four weeks of the service of the motion papers, and reply papers, if any, must be served and filed within two weeks of receipt of opposition papers.
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Page 2 | MOTIONS
Late extension requests are ordinarily denied
Requests for extensions will ordinarily be denied if made after the expiration of the original deadline.
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Page 2 | Requests for Adjournments or Extensions of Time
Bankruptcy appeal deadline extensions require stipulation submitted at least 2 business days before brief due date.
Counsel may extend the default deadlines by stipulation submitted to the Court no later than two business days before the brief is due.
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Page 10 | Other Pretrial Guidance - Bankruptcy Appeals
Chambers Communication Rules
A.U.S.A. must email courtesy copies of indictment and criminal complaint to chambers with specific subject line format.
As soon as practicable, the A.U.S.A. shall e-mail a courtesy copy of the indictment and the criminal complaint, if one exists, to ca02_AJNchambers@ca2.uscourts.gov, and the subject line of the e-mail shall state the caption of the case (including the docket number) and the contents of the e-mail.
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Page 1 | Communications with Chambers
Sealed or sensitive letters may be emailed as PDFs with specific subject line requirements.
Letters to be filed under seal or containing sensitive or confidential information may be emailed to the Court (ca02_AJNchambers@ca2.uscourts.gov) as .pdf attachments. Copies of any such letter should be simultaneously delivered to all counsel, unless otherwise necessary due to the sensitivity of the material contained therein. Any such email shall state clearly in the subject line (i) the full caption of the case, and (ii) a brief description of the contents of the letter.
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Page 1 | Communications with Chambers
All communications must be by ECF letter (max 3 pages, double-spaced if >1 page); no courtesy copies required.
All Communications by Letter. Except as otherwise provided below in Rule 1.B and 1.C, all communications with the Court shall be by letter filed on ECF. This rule also applies to questions regarding the Undersigned’s Individual Rules. Parties should not call the Chambers telephone line except as directed in Rule 1.B. Letters may not exceed three pages in length (exclusive of exhibits or attachments). Any letter longer than one page must be double spaced. Letters solely between parties or their counsel or otherwise not addressed to the Court may not be filed on ECF or otherwise sent to the Court (except as exhibits to an otherwise properly filed document). Unless otherwise noted, parties should not submit courtesy copies of letters filed on ECF.
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Page 1 | Communications with Chambers
Sealing requests must be emailed as PDF attachments to Chambers; explain basis in the letter, not the email body.
Letters that include requests to be filed under seal shall be emailed to the Court (ca02_AJNchambers@ca2.uscourts.gov) as .pdf attachments. The letter shall explain the basis for seeking sealing. Parties should not make any requests in the body of the email.
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Page 1 | 1. Communications with Chambers - C. Letter Requests to Seal Information
Sealed letter requests must be emailed as PDF attachments with explanation; paper copies insufficient.
Letter Requests to Seal Information. Letters that include requests to be filed under seal shall be emailed to the Court (ca02_AJNchambers@ca2.uscourts.gov) as .pdf attachments. The letter shall explain the basis for seeking sealing. Parties should not make any requests in the body of the email. Refer to Rule 4 for further instruction regarding requests for redactions and filing under seal. Any time a party also submit a copy of the document to the Court’s email address. Paper copies alone are insufficient.
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Page 1 | Communications with Chambers
For urgent matters requiring immediate attention, email Chambers after filing via ECF.
If you believe you have an urgent matter that requires Judge Nathan's truly immediate attention, please notify Chambers by email at ca02_AJNchambers@ca2.uscourts.gov after you file the submission via ECF.
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Page 1 | 1. Communications with Chambers - B. Urgent Communications
All attorneys must register as ECF filers, update contact info, and check docket regularly.
ECF. In accordance with the ECF Rules, all attorneys representing parties before Judge Nathan are required to register promptly as ECF filers and to enter an appearance in the case. The pertinent instructions are available on the Court website (https://nysd.uscourts.gov/rules/ecf-related-instructions). Counsel are responsible for updating their contact information on ECF, should it change, and for checking the docket sheet regularly, regardless of whether they receive an ECF notification of case activity. Pursuant to ECF Rule 4.3, counsel “have an obligation to review the Court’s actual order, decree, or judgment, as available on ECF, and should not rely on the description of such order, decree or judgment in the Notice of Electronic Filing
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Page 2 | Communications with Chambers
Chambers email for TRO emergencies: ca02_AJNchambers@ca2.uscourts.gov
As soon as a party decides to seek a temporary restraining order, that party must file a letter on ECF (or by email if proceeding ex parte), or, in the case of a true emergency, email Chambers at ca02_AJNchambers@ca2.uscourts.gov
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Page 6 | Applications for a Temporary Restraining Order
TRO applications require adversary conference unless ex parte; must file letter on ECF or email chambers in emergencies.
A party must confer with its adversary before making an application for a temporary restraining order unless proceeding ex parte is justified by Fed. R. Civ. P. 65(b)(1). As soon as a party decides to seek a temporary restraining order, that party must file a letter on ECF (or by email if proceeding ex parte), or, in the case of a true emergency, email Chambers at ca02_AJNchambers@ca2.uscourts.gov and state clearly whether (i) it has notified its adversary, and whether the adversary consents to temporary injunctive relief; or (ii) the requirements of Fed. R. Civ. P. 65(b) are satisfied and no notice is necessary.
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Page 6 | Applications for a Temporary Restraining Order
Electronic devices form must be emailed to court at least 2 business days before trial.
If required by the Standing Order, counsel seeking to bring a device into the Courthouse shall submit a copy of the Electronic Devices General Purpose Form, available at https://nysd.uscourts.gov/node/766, to the Court by email at least two business days prior to the relevant trial or hearing.
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Joint pretrial report documents must be emailed to chambers as Word files.
In addition to filing these documents on ECF, parties should also submit copies of these documents to the Court by email (ca02_AJNchambers@ca2.uscourts.gov), as Microsoft Word documents.
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Deposition excerpts and synopses must be emailed to court and served, not filed on ECF.
At the time the Joint Pretrial Report is filed, each party shall email to the Court and serve on opposing counsel, but not electronically file, all deposition excerpts which will be offered as substantive evidence, as well as a one-page synopsis of those excerpts for each deposition. Each synopsis shall include page citations to the pertinent pages of the deposition transcripts.
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Pro se parties must communicate with Pro Se Intake Unit, not Chambers.
All communications with the Court by a pro se party should be mailed to the Pro Se Intake Unit. No document or filing should be sent directly to Chambers.
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Page 1 | COMMUNICATIONS
Pro se parties file all papers with Pro Se Intake Unit.
All papers to be filed with the Court by a pro se party, along with any courtesy copies of those papers, should be sent to the Pro Se Intake Unit, Room 200, United States Courthouse, 500 Pearl Street, New York, New York 10007.
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Page 1 | FILING OF PAPERS
Pro se parties must send all communications to the Pro Se Intake Unit, not directly to Chambers.
All communications with the Court by a pro se party should be mailed to the Pro Se Intake Unit. No document or filing should be sent directly to Chambers.
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Email body must not contain substantive communications
Parties shall not include substantive communications in the body of the email; such communications shall be included only in the body of the letter.
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Page 2 | Letters
Urgent hand deliveries go to Foley Square entrance for immediate attention
if the hand-delivery is urgent and requires the Court’s immediate attention, proceed to the entrance of the 40 Foley Square Courthouse ask the Court Security Officers to notify Chambers that an urgent package has arrived that needs to be retrieved by Chambers staff immediately.
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Page 2 | Hand Deliveries
Telephone calls to Chambers are prohibited except for urgent matters as directed in Rule 1.B.
Parties should not call the Chambers telephone line except as directed in Rule 1.B.
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Page 1 | 1. Communications with Chambers - A. All Communications by Letter
Urgent matters require email notification after ECF filing; all other communications must be ECF letters.
Urgent Communications. As a general matter, letter motions or requests filed via ECF are reviewed by the Court the day that they are filed. Other materials filed on ECF are reviewed the business day after they have been filed. If you believe you have an urgent matter that requires Judge Nathan’s truly immediate attention, please notify Chambers by email at ca02_AJNchambers@ca2.uscourts.gov after you file the submission via ECF. If you seek to provide information to the Court, or seek information from the Court, you must file a letter on ECF, unless sealing is sought pursuant to Rule 1.C.
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Page 1 | Communications with Chambers
Movant must send letter to alert court if motion not decided within 90 days of being fully briefed.
If a motion is not decided within 90 days of the time that it has become fully briefed, counsel for the movant shall send a letter to alert the Court.
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Page 6 | Failure of the Court to Schedule Argument or Decide a Motion
Counsel must email the Electronic Devices General Purpose Form to the Court at least two business days before trial or hearing to bring electronic devices into the Courthouse.
counsel seeking to bring a device into the Courthouse shall submit a copy of the Electronic Devices General Purpose Form, available at https://nysd.uscourts.gov/node/766 , to the Court by email at least two business days prior to the relevant trial or hearing.
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Page 12 | Policy on the Use of Electronic Devices
Hand deliveries must go through Court Security; urgent deliveries at 40 Foley Square require notification to Chambers.
Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance of the 500 Pearl Street Courthouse and may not be brought directly to Chambers. Hand deliveries are regularly retrieved from Court Security. However, if the hand-delivery is urgent and requires the Court's immediate attention, proceed to the entrance of the 40 Foley Square Courthouse ask the Court Security Officers to notify Chambers that an urgent package has arrived that needs to be retrieved by Chambers staff immediately.
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Page 2 | Communications with Chambers
Court reviews ECF letters within one business day; email for immediate attention
As a general matter, the Court will review letters filed via ECF within one business day. If a submission requires immediate attention, please notify chambers by email after you file via ECF.
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Page 2 | Urgent Communications
For urgent submissions, notify chambers by email after filing on ECF.
As a general matter, the Court will review letters filed via ECF within one business day. If a submission requires immediate attention, please notify chambers by email after you file via ECF.
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Page 2 | Communications with Chambers
Sealed/sensitive letters may be emailed as PDF attachments
Letters to be filed under seal or containing sensitive or confidential information may be emailed to the Court (ca02_AJNchambers@ca2.uscourts.gov) as .pdf attachments.
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Page 2 | Letters
Email subject must include case caption and letter description
Any such email shall state clearly in the subject line (i) the full caption of the case, and (ii) a brief description of the contents of the letter.
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Page 2 | Letters
Hand deliveries must go to Court Security at Worth Street entrance
Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance of the 500 Pearl Street Courthouse and may not be brought directly to Chambers.
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Page 2 | Hand Deliveries
Hand deliveries must go to Court Security at Worth Street entrance; urgent deliveries go to Foley Square.
Hand Deliveries. Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance of the 500 Pearl Street Courthouse and may not be brought directly to Chambers. Hand deliveries are regularly retrieved from Court Security. However, if the hand-delivery is urgent and requires the Court’s immediate attention, proceed to the entrance of the 40 Foley Square Courthouse ask the Court Security Officers to notify Chambers that an urgent package has arrived that needs to be retrieved by Chambers staff immediately.
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Page 2 | Communications with Chambers
Oral argument may be requested by letter when filing motion papers.
Parties may request oral argument by letter at the time their moving, opposing, or reply papers are filed.
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Page 4 | Motions
Chambers email address for submitting trial documents in Microsoft Word format.
In addition to filing these documents on ECF, parties should also submit copies of these documents to the Court by email (ca02_AJNchambers@ca2.uscourts.gov), as Microsoft Word documents.
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Page 12 | Requests to Charge and Proposed Voir Dires
Junior Lawyer Participation Incentives
Junior lawyers are encouraged to argue motions and question witnesses, with the Court permitting multiple attorneys to argue to create participation opportunities.
Junior members of legal teams representing clients are invited to argue motions they have helped prepare and to question witnesses with whom they have worked. Firms are encouraged to provide this opportunity to junior attorneys for training purposes. This Court is amenable to permitting a number of lawyers to argue for one party if this creates an opportunity for a junior lawyer to participate.
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Page 13 | 8. Encouraged Participation of Junior Members of Legal Teams
Junior attorneys are encouraged to argue motions and question witnesses they have helped prepare, with the Court amenable to multiple lawyers arguing for one party.
Junior members of legal teams representing clients are invited to argue motions they have helped prepare and to question witnesses with whom they have worked. Firms are encouraged to provide this opportunity to junior attorneys for training purposes. This Court is amenable to permitting a number of lawyers to argue for one party if this creates an opportunity for a junior lawyer to participate. The ultimate decision of who speaks on behalf of the client is for the lawyer in charge of the case, not for the Court.
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