Judge Colleen McMahon

Pro se litigants must submit all hard-copy filings to the Pro Se Intake Unit, not to Chambers.

All hard-copy filings by pro se litigants must be submitted to the Pro Se Intake Unit (not to Chambers), at: Pro Se Intake Unit Daniel Patrick Moynihan United States Courthouse 500 Pearl Street, Room 200 New York, New York 10007

Machine summary. Not checked yet.

Page 5 | II. Pro Se Cases

Parties must obtain leave to submit audio, video, or unfilable materials to Chambers, and may not use CD-ROM, thumb drive, or electronic transmission unless authorized.

Audio and video files may not be submitted directly to Chambers merely because they cannot be filed electronically. A party that wishes the Court to consider an audio or video file, or any other material that cannot be filed through ECF, must first seek and obtain leave to file the material in the traditional manner in accordance with the Southern District of New York’s Electronic Case Filing Rules and Instructions. Any application for leave must identify the material, explain why it is relevant to the relief requested, and specify the portions on which the party relies. If leave is granted, the party shall deliver the material in the form directed by the Court. Do not send documents, recordings, or other materials on a CD-ROM, thumb drive, or by electronic transmission unless the Court has specifically authorized that method of submission.

Machine summary. Not checked yet.

Page 10 | V. Pleadings and Motions, A. Courtesy Copies

Only the Notice of Motion may be docketed as 'Motion' in ECF; supporting documents must be docketed under their actual type.

Do not docket anything except the actual Notice of Motion as a “Motion.” In all ECF cases, supporting documents should be docketed as what they are (i.e., “Brief,” “Memorandum,” “Affidavit”) – not as a “Motion.”

Machine summary. Not checked yet.

Page 11 | C. Motion Papers

Certain motion types must be filed electronically on ECF; fax and U.S. Mail submissions are prohibited.

Pursuant to the “Text Only Orders” program, the following types of requests must be made by motion filed on ECF. Requests made via fax or U.S. Mail will not be accepted. The types of request subject to this requirement are: • Motion to Appoint Process Server • Motion to Request an Adjournment of a Scheduled Conference/Hearing • Motion to Enforce Judgment • Motion for a Hearing • Motion for Judgment Debtor Examination • Motion to Appeal In Forma Pauperis • Motion to Serve Process • Motion to Set Aside Default

Machine summary. Not checked yet.

Page 16 | H. Letter Motions & Notice of Rulings and Calls

Unlisted motions must be filed via ECF with memorandum of law; listed Text Only motions may not be submitted via mail or fax.

Requests for relief not listed here still must be made in writing through ECF and may not be made by letter motion. Instead, requests for relief not listed here should be filed through a motion accompanied by a memorandum of law, together with any other submissions required by the Federal Rules of Civil Procedure or Local Rules (e.g., a Local Rule 56.1 Statement in summary judgment motion practice). The “Text Only Orders” program and amendment simply clarifies that some motions that previously could be made via U.S. Mail or Fax may no longer be submitted using those methods.

Machine summary. Not checked yet.

Page 17 | Text Only Orders

Letters to Judge McMahon requesting court orders for electronic devices must be filed electronically via ECF with the template form attached, applicable to all parties.

To obtain such an order, visit the S.D.N.Y. website for a template and then submit it for signature to Chambers by filing a Letter addressed to Judge McMahon on the ECF with the form included as an attachment to the Letter. This rule applies to attorneys as well as non-attorneys.

Machine summary. Not checked yet.

Page 23 | J. Courtroom Technology

Plaintiff must file a RICO case statement within 30 days after filing the complaint.

Plaintiff shall file, within thirty (30) days of filing the complaint, a RICO case statement; a copy shall be delivered to Chambers.

Not confirmed. Read the court's wording below. · Civil cases

Page 1 | RICO CASE STANDING ORDER

Agreed case management plans must be submitted via ECF no later than two days before the scheduled initial pretrial conference.

If the parties can agree to a case management plan in the form found online at http://nysd.uscourts.gov/judge/Mcmahon, they should submit it to Chambers by filing it via ECF no later than two days prior to the scheduled initial conference.

Machine summary. Not checked yet.

Page 6 | III. Initial Pretrial Conferences (Civil) B. Effect of a Case Management Plan

Plaintiffs with RICO claims must file a RICO Case Statement within 30 days of filing the complaint.

In all matters in which the complaint contains a RICO claim, the plaintiff(s) must file a RICO Case Statement, in accordance with the Court’s RICO Case Standing Order, which is available on the Court’s website (http://nysd.uscourts.gov/judge/Mcmahon), within 30 days of filing the complaint.

Machine summary. Not checked yet.

Page 8 | IV. Special Rules for Specific Types of Cases E. RICO Cases (Civil)

Oppositions to lead counsel motions in PSLRA cases must be filed within 14 business days of the motion due date, with no extensions permitted.

Opposition to each such motion must be filed separately and must be received by the court no later than fourteen (14) business days following the date on which such motions are due. NO EXTENSIONS WILL BE GRANTED.

Machine summary. Not checked yet.

Page 10 | M. Cases Governed by the Private Securities Litigation Reform Act (PSLRA)

Requests to exceed memoranda page limits must be made in writing 5 days before due date (1 day for reply briefs).

Requests to file memoranda exceeding the page limits set forth herein must be made in writing five days prior to the due date, except with respect to reply briefs, in which case the time is one day prior to the due date.

Machine summary. Not checked yet.

Page 11 | D. Memoranda of Law

Wait at least 30 days after service before applying for certificate of default to allow for appearance by mail.

Wait at least 30 days after service is effected to allow for the receipt of an appearance by mail; then

Machine summary. Not checked yet.

Page 12 | E.1. Default Judgment Motions

Summary judgment motions must be filed within 30 days after the close of discovery.

Summary judgment motions must be made no later than 30 days after the close of discovery (see the Court’s Case Management Order).

Machine summary. Not checked yet.

Page 13 | SPECIAL RULES FOR SPECIFIC TYPES OF CASES

Daubert motions to exclude expert testimony must be filed by the dispositive motion deadline and not treated as motions in limine.

Unless the Court orders otherwise, motions to exclude testimony of experts, pursuant to Rules 702-705 of the Federal Rules of Evidence and the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) line of cases, must be made by the deadline for dispositive motions and should not be treated as motions in limine.

Machine summary. Not checked yet.

Page 13 | 3. Motions to Exclude Testimony of Experts

Defendants must depose plaintiff within 30 days of filing qualified immunity notice of motion, before briefing, as this is the only allowed plaintiff deposition pre-discovery.

In order to avoid wasting time with pre-answer qualified immunity motions that are likely to prove meritless, this Court requires the defendant(s) to depose the plaintiff before briefing a pre-discovery motion for qualified immunity. That way the plaintiff’s side of the story, including all of the plaintiff’s allegations about what the defendants did, will be fixed and known. The deposition must be taken within 30 days after filing the notice of motion that raises the issue of qualified immunity. Absent extraordinary circumstances (decided upon application to the Court), this will be the only deposition of the plaintiff during the lawsuit.

Machine summary. Not checked yet.

Page 14 | 4. Motions for Summary Judgment on the Basis of Qualified Immunity

Defendants have 30 days after plaintiff’s deposition to file brief in support of qualified immunity motion.

After the plaintiff’s deposition, the defendant(s) has/have thirty days to file a brief in support of the motion to dismiss (order your deposition transcript accordingly, please).

Machine summary. Not checked yet.

Page 14 | 4. Motions for Summary Judgment on the Basis of Qualified Immunity

Plaintiff has 30 days after defendant’s brief filing to file response to qualified immunity motion.

The plaintiff will have 30 days from the filing of the brief in support of the motion to file its response.

Machine summary. Not checked yet.

Page 14 | 4. Motions for Summary Judgment on the Basis of Qualified Immunity

Counsel are prohibited from setting a return date for motions.

Counsel are not to set a “return date.”

Machine summary. Not checked yet.

Page 16 | F. Time to Respond

Responses to in limine motions are due 5 days after the motion is filed.

Reponses are due five days later.

Machine summary. Not checked yet.

Page 20 | C. Motions In Limine

In limine motions must be filed no later than 5 days after final pretrial conference notice, not with the pretrial order.

In limine motions are not to be filed with the pretrial order. They must be filed no later than five days after the parties are noticed for final pretrial conference.

Machine summary. Not checked yet.

Page 20 | C. Motions In Limine

Counsel must submit and exchange proposed findings, trial memoranda, and sworn witness statements 20 days before final pretrial conference in bench trials unless otherwise instructed.

Unless otherwise instructed, counsel are required to submit and exchange twenty days before the final pretrial conference: • Proposed findings of fact and conclusions of law; • Trial memoranda of law that identify the issues, summarize the facts, and review the applicable law, not to exceed 25 double-spaced pages; • Sworn statements constituting the direct testimony of each witness to be presented.

Machine summary. Not checked yet.

Page 21 | F. Special Rules and Submissions for Bench Trials

In bench trials, witness statements (excluding hostile/uncontrolled witnesses) must be submitted and exchanged 10 days before final pretrial conference.

In bench trials, counsel must prepare and exchange sworn statements containing the direct testimony of each witness they intend to call, other than hostile witnesses or witnesses outside of their control. These witness statements will be submitted and exchanged ten days before the final pretrial conference and shall be used at trial in accordance with the following procedure:

Machine summary. Not checked yet.

Page 21 | F. Special Rules and Submissions for Bench Trials

For civil evidentiary hearings, counsel must provide pre-marked exhibits to adversary and Court 5 days before, with specific formatting requirements.

In addition, and also no fewer than five days before an evidentiary hearing, counsel shall provide one pre-marked set of exhibits for the adversary and one for the Court. All exhibits must be pre-marked, using the form PX-1 through PX-n and DX-1 through DX-n. If possible, exhibits should be bound or collated in a binder. Each exhibit should be tabbed. Exhibits containing multiple documents (e.g., multiple banks statements) are disfavored. The copies provided to the Court will be for the Court’s use only. Counsel should bring their own copies for use by witnesses.

Machine summary. Not checked yet.

Page 22 | G. Evidentiary Hearings in Civil Matters

For civil evidentiary hearings, parties must submit sworn witness statements, memoranda of law, and proposed findings 10 days before the hearing.

Evidentiary hearings in civil matters are conducted according to the Judge’s rules for bench trials, Part VII.F, supra. Thus, no fewer than ten days before an evidentiary hearing, parties should submit (a) sworn witness statements, (b) memoranda of law, and (c) proposed findings of fact and conclusions of law.

Machine summary. Not checked yet.

Page 22 | G. Evidentiary Hearings in Civil Matters

Filing a motion for summary judgment does not extend the pretrial order deadline unless the Court orders otherwise, and such extensions are disfavored.

The filing of a motion for summary judgment does not excuse or extend the time for filing the pretrial order unless the Court otherwise directs. Such applications are disfavored and will almost never be granted.

Machine summary. Not checked yet.

Page 19 | B. Pretrial Order; Other Trial Filings

Date and hour calculations use FRCP 6 for civil matters and FRCP 45 for criminal matters.

All date and hour calculations are governed by Federal Rule of Civil Procedure 6, in civil matters, or Federal Rule of Criminal Procedure 45, in criminal matters.

Machine summary. Not checked yet.

Page 5 | I. Timing of Request

Default judgment motions must be served on the defendant in the same manner as a summons (same as service of process).

Once a certificate of default has been obtained, serve a copy of the Motion for Entry of a Default Judgment on the defaulting defendant in the same manner as prescribed for service of process. Notwithstanding any provision in Local Civil Rules 55.1 and 55.2, this court REQUIRES that a notice of motion for default judgment be served in the same manner as a summons and contain the following language:

Machine summary. Not checked yet.

Page 12 | E.1. Default Judgment Motions

Opposing parties are not required to serve responsive papers to motions for reconsideration unless directed by Judge McMahon.

The opposing party need not serve any responsive papers (including letters) unless specifically directed to do so by Judge McMahon.

Machine summary. Not checked yet.

Page 15 | 5. Motions for Reconsideration

Motions for reconsideration must be served using the same method as other motions.

Motions for reconsideration are to be served in the same manner as other motions.

Machine summary. Not checked yet.

Page 15 | 5. Motions for Reconsideration

Reply papers must be served 5 days after answering papers are served.

Reply papers, if any, are to be served five days later.

Machine summary. Not checked yet.

Page 16 | F. Time to Respond

Answering papers must be served 14 days after receipt of moving papers.

Answering papers or motions are to be served fourteen days after receipt of the moving papers.

Machine summary. Not checked yet.

Page 16 | F. Time to Respond

Parties must exchange FRCP 26(a) required initial discovery within 30 days of answer on last plaintiff or by case management order date.

Parties must exchange the discovery required under Federal Rule of Civil Procedure 26(a) within 30 days after service of the answer on the last plaintiff to be served or by the date specified in a Court-approved case management order.

Machine summary. Not checked yet.

Page 18 | VII. Pretrial and Trial Rules and Procedures A. Discovery Schedule

Counsel must serve 1 pre-marked exhibit set on the adversary at least 5 days before the final pretrial conference.

counsel shall provide one pre-marked set of exhibits for the adversary and two for the Court at least five days before the final pretrial conference.

Machine summary. Not checked yet.

Page 20 | D. Final Pretrial Conference; Exhibits

Plaintiff must produce Initial Discovery to Defendant within 30 calendar days of Defendant filing a responsive pleading or motion.

The Plaintiff’s Initial Discovery must be provided within 30 days after the Defendant has submitted a responsive pleading or motion, unless the court rules otherwise.

Machine summary. Not checked yet.

Page 28 | ANNEX B – INITIAL DISCOVERY PROTOCOLS

Defendant must provide initial discovery to Plaintiff within 30 days of submitting a responsive pleading or motion, unless the court orders otherwise.

The Defendant’s Initial Discovery must be provided within 30 days after the Defendant has submitted a responsive pleading or motion, unless the court rules otherwise.

Machine summary. Not checked yet.

Page 29 | Production by the Defendant

Plaintiff must deliver a copy of the RICO case statement to Chambers.

Plaintiff shall file, within thirty (30) days of filing the complaint, a RICO case statement; a copy shall be delivered to Chambers.

Not confirmed. Read the court's wording below. · Civil cases

Page 1 | RICO CASE STANDING ORDER

Courtesy copies of all motion papers must be delivered to Chambers by the next business day.

Whenever a party files a motion in a case assigned to Judge McMahon, courtesy copies of the moving papers MUST be delivered to Chambers by the business day after the motion is filed. Courtesy copies of papers opposing a motion and reply papers supporting the motion must likewise be delivered to Chambers by the business day after they are filed. That is, if your motion is filed on Monday, courtesy copies must be delivered to Chambers by the close of business on Tuesday.

Machine summary. Not checked yet.

Page 1 | STANDING ORDER REQUIRING THE FILING OF COURTESY COPIES

Courtesy hard copies are required for all pleadings and papers filed in connection with a motion; other documents only if the Court directs otherwise.

Courtesy hard copies of all pleadings and all papers filed in connection with a motion are required. See Part V.A. Do not send courtesy copies of any other documents to Chambers unless the Court directs otherwise.

Machine summary. Not checked yet.

Page 4 | I. Communications with Chambers > A. Routine Communications with Chambers

Counsel for removing parties must provide a courtesy copy of any pleading filed or served in state court to the Court upon removal.

Counsel for the party or parties that removed the case, in addition to providing a copy of all process, pleadings, and papers served upon the defendants pursuant to 28 U.S.C. § 1446(a), shall provide the Court with a courtesy copy of any pleading filed or served while the case remained in State court.

Machine summary. Not checked yet.

Page 7 | IV. Special Rules for Specific Types of Cases B. Cases Removed from State Court

Courtesy copy requirement applies to all motion-related papers including briefs, exhibits, and proposed orders, regardless of ECF filing.

This requirement applies separately to moving, opposition, and reply papers and includes, as applicable, the notice of motion, memorandum of law, declarations or affidavits, exhibits, Local Civil Rule 56.1 statements and responses, appendices, and proposed orders. The filing of papers on ECF does not excuse compliance with this courtesy-copy requirement.

Machine summary. Not checked yet.

Page 10 | V. Pleadings and Motions, A. Courtesy Copies

Parties filing motions on ECF must deliver one courtesy hard copy to Chambers by noon on the first business day after ECF filing.

For every motion filed on ECF, each filing party MUST promptly deliver to Chambers one courtesy hard copy of all papers filed by that party in connection with the motion. Courtesy copies must be received by Chambers no later than noon on the first business day after the papers are filed on ECF.

Machine summary. Not checked yet.

Page 10 | V. Pleadings and Motions, A. Courtesy Copies

Parties must deliver one courtesy hard copy of every pleading to Chambers by noon on the first business day after filing.

One courtesy hard copy of every pleading must likewise be delivered to Chambers no later than noon on the first business day after filing.

Machine summary. Not checked yet.

Page 10 | V. Pleadings and Motions, A. Courtesy Copies

Two courtesy copies of the joint pretrial order must be submitted to Chambers when filing, due 30 days after discovery ends unless otherwise scheduled.

Counsel are to file a joint pretrial order, with two courtesy copies for Chambers, on or before the date set by the Court via the scheduling order. In the ordinary course, this is 30 days after the end of discovery.

Machine summary. Not checked yet.

Page 19 | B. Pretrial Order; Other Trial Filings

One courtesy hard copy of jury case trial filings (requests to charge, voir dire questions, verdict form) must be submitted when the pretrial order is filed.

Unless otherwise ordered by the Court, on the date the joint pretrial order is filed, each party shall also file: In jury cases: • Requests to Charge, • Proposed voir dire questions, • A draft verdict form. You must submit one courtesy hard copy of these documents.

Machine summary. Not checked yet.

Page 19 | B. Pretrial Order; Other Trial Filings

Counsel must provide 2 pre-marked exhibit sets to the Court at least 5 days before the final pretrial conference.

counsel shall provide one pre-marked set of exhibits for the adversary and two for the Court at least five days before the final pretrial conference.

Machine summary. Not checked yet.

Page 20 | D. Final Pretrial Conference; Exhibits

One courtesy hard copy of pleadings and motion papers must be submitted to Chambers as soon as practicable after filing.

One courtesy hard copy of pleadings and motion papers, marked as such, must be submitted to Chambers as soon as practicable after filing. Pleadings and motion papers include, but are not limited to: supporting memorandum, memorandum in opposition, reply, and any other supporting papers.

Machine summary. Not checked yet.

Page 10 | V. Pleadings and Motions

Digital courtesy copies are prohibited; only audio/video files may be sent on CD-ROM or thumb drive.

Please do not submit digital courtesy copies. Do not send documents on CD-ROM or thumb drive unless they are audio or video files.

Machine summary. Not checked yet.

Page 10 | V. Pleadings and Motions

Joint pretrial order with 2 courtesy copies required 30 days after discovery ends

Counsel are to file a joint pretrial order, with two courtesy copies for Chambers, on or before the date set by the Court via the scheduling order. In the ordinary course, this is 30 days after the end of discovery.

Machine summary. Not checked yet.

Page 18 | VII. Pretrial and Trial Rules and Procedures

Two courtesy copies of pre-marked exhibits required 5 days before final pretrial conference.

counsel shall provide one pre-marked set of exhibits for the adversary and two for the Court at least five days before the final pretrial conference.

Machine summary. Not checked yet.

Courtesy copy required for pleadings filed while case was in state court.

Counsel for the party or parties that removed the case, in addition to providing a copy of all process, pleadings, and papers served upon the defendants pursuant to 28 U.S.C. § 1446(a), shall provide the Court with a courtesy copy of any pleading filed or served while the case remained in State court.

Machine summary. Not checked yet.

Courtesy copies required for motions

Courtesy Copies

Machine summary. Not checked yet.

One courtesy hard copy required for jury trial submissions.

You must submit one courtesy hard copy of these documents.

Machine summary. Not checked yet.

For urgent motions, deliver courtesy copies the same day filed to avoid delays.

If your motion requires urgent attention, you should arrange to have a copy delivered to Chambers the same day it is filed. Judge McMahon uses the courtesy copies—not ECF—to control her motion docket. If you do not send the courtesy copies, disposition of your motion may be delayed.

Machine summary. Not checked yet.

Page 1 | STANDING ORDER REQUIRING THE FILING OF COURTESY COPIES

Failure to submit required courtesy copies may delay motion consideration or result in the filing being disregarded.

Failure to submit required courtesy copies may delay consideration of the motion or result in the filing being disregarded until the required copies are received.

Machine summary. Not checked yet.

Page 10 | V. Pleadings and Motions, A. Courtesy Copies

Judge McMahon receives courtesy copies of motion papers from Judge Casey's chambers.

Judge McMahon will receive from Judge Casey’s chambers a copy of the letter submitted by counsel pursuant to the Order of Chief Judge Wood dated May 16, 2007. She will also receive courtesy copies of motion papers.

Machine summary. Not checked yet.

Page 1 | I. PROCEDURES FOR CASES IN WHICH THERE ARE NO PRO SE PARTIES

Decisions referencing confidential stipulation material are withheld for 10 days; parties must request redaction, court decides only to redact truly confidential material.

The Court does not ordinarily file decisions under seal or redact material from them. If the Court issues a decision in this case that refers to “confidential” material under this stipulation, the decision will not be published for ten days. The parties must, within that ten-day period, identify to the Court any portion of the decision that one or more of them believe should be redacted, provide the Court with the purportedly confidential material, and explain why that material is truly confidential. The Court will then determine whether the material is in fact genuinely deserving of confidential treatment. The Court will only redact portions of a publicly available decision if it concludes that the material discussed is in fact deserving of such treatment. The Court’s decision in this regard is final.

Machine summary. Not checked yet.

Page 18 | VI. Stipulation and Confidentiality Orders

Documents withheld on attorney-client privilege or work product grounds must comply with FRCP 26(b)(5) requirements.

Documents withheld based on a claim of privilege or work product are subject to the provisions of FRCP 26(b)(5).

Machine summary. Not checked yet.

Page 27 | ANNEX B – INITIAL DISCOVERY PROTOCOLS

Sealed documents must be filed electronically on CM/ECF.

Sealed documents are to be filed electronically on CM/ECF.

Machine summary. Not checked yet.

Page 10 | V. Pleadings and Motions

Inadvertently produced privileged documents must be immediately returned or destroyed.

Electronic documents that contain privileged information or attorney work product shall be immediately returned if the documents appear on their face to have been inadvertently produced or if there is notice of the inadvertent production. All copies shall be returned or destroyed by the receiving party.

Machine summary. Not checked yet. · Civil cases

Court will not redact decisions unless parties prove material is truly confidential within 10 days

The Court does not ordinarily file decisions under seal or redact material from them. If the Court issues a decision in this case that refers to “confidential” material under this stipulation, the decision will not be published for ten days. The parties must, within that ten-day period, identify to the Court any portion of the decision that one or more of them believe should be redacted, provide the Court with the purportedly confidential material, and explain why that material is truly confidential. The Court will then determine whether the material is in fact genuinely deserving of confidential treatment. The Court will only redact portions of a publicly available

Machine summary. Not checked yet.

Page 17 | VI. Stipulation and Confidentiality Orders

Motion papers must be filed promptly after service and not held until all submissions are complete.

Motion papers must be filed promptly after service. Do not hold motion papers until all submissions are complete.

Machine summary. Not checked yet.

Page 11 | C. Motion Papers

Motion papers must be filed promptly after service; do not hold until all submissions are complete.

Motion papers must be filed promptly after service. Do not hold motion papers until all submissions are complete.

Machine summary. Not checked yet.

Page 10 | V. Pleadings and Motions

Summary judgment motions must be served before pretrial order due date.

No motion for summary judgment may be served after the date the pretrial order is due.

Machine summary. Not checked yet. · Civil cases

Page 2 | Summary judgment

Qualified immunity motions must be filed within 60 days with plaintiff's deposition testimony; no extensions granted.

Judge McMahon will not extend this deadline for any reason. Please read the rule carefully: Judge McMahon will not consider anything on a qualified immunity motion except the testimony of the plaintiff, which testimony must be taken prior to filing papers in support of the motion. Any defendant who does not make a motion as required by Judge McMahon’s rules waives his right to have the issue of qualified immunity decided on motion prior to trial.

Machine summary. Not checked yet.

File a letter via ECF to Chambers for order of reference to Magistrate Judge upon first discovery dispute; thereafter direct all disputes to Magistrate Judge.

When the first discovery dispute arises, file a letter to Chambers via ECF and ask for an order of reference to the Magistrate Judge. Thereafter, take all discovery disputes directly to the Magistrate Judge.

Machine summary. Not checked yet.

Page 11 | COMMUNICATIONS WITH CHAMBERS

In limine motions require separate notice of motion and brief, omnibus motions prohibited, responses individual, no replies allowed.

Every application for a ruling must be filed with a separate notice of motion, together with a brief of no more than five pages and a supporting affidavit that attaches a copy of any relevant testimony or exhibits. Please do not file a single omnibus motion seeking multiple rulings. Responses to in limine motions are also to be filed individually and must be no more than five pages. No replies are accepted on in limine motions.

Machine summary. Not checked yet.

Page 20 | C. Motions In Limine

Counsel must be prepared to discuss all pending motions at initial conference.

Counsel should be prepared to discuss pending motions at the Initial Conference, whether they are fully briefed or not.

Machine summary. Not checked yet.

Page 6 | Effect of a Case Management Plan

Letter motions only accepted if allowed under Local Rule 7.1(d) or Clerk's “Text Only Orders” program.

Judge McMahon does not accept letter motions other than those allowed under Local Rule 7.1(d) and “Text Only” motions made pursuant to the Clerk’s “Text Only Orders” program.

Machine summary. Not checked yet.

Page 15 | Letter Motions & Notice of Rulings and Calls

Answering papers due 14 days after moving papers; reply papers due 5 days after that. No return date to be set.

Counsel are not to set a “return date.” Answering papers or motions are to be served fourteen days after receipt of the moving papers. Reply papers, if any, are to be served five days later.

Machine summary. Not checked yet.

Page 15 | Time to Respond

Requests must be made via ECF, not fax or mail. Includes various motion types like extensions, adjournments, protective orders, etc.

Requests made via fax or U.S. Mail will not be accepted. The types of request subject to this requirement are: • Motion to Appoint Process Server • Motion to Request an Adjournment of a Scheduled Conference/Hearing • Motion to Enforce Judgment • Motion for a Hearing • Motion for Judgment Debtor Examination • Motion to Appeal In Forma Pauperis • Motion to Serve Process • Motion to Set Aside Default • Motion to Appear Pro Hac Vice • Motion for an Extension of Time to Amend • Motion for an Extension of Time to Complete Discovery • Motion for an Extension of Time to Answer • Motion for an Extension of Time to File Document • Motion for an Extension of Time to File Response/Reply • Motion for Mediation • Motion for Protective Order • Motion for Recusal • Motion to Redact Transcript • Motion to Stay • Motion to Take Deposition • Motion to Set/Reset Deadlines

Machine summary. Not checked yet.

Page 16 | Letter Motions & Notice of Rulings and Calls

Patent cases require Rule 16 conference with pre-conference scheduling discussion.

Counsel must attend the Rule 16 pretrial conference in patent cases. Counsel should not fill out Judge McMahon’s standard case management order, but should instead come to the initial conference having already conferred about scheduling.

Machine summary. Not checked yet.

30 days to file brief after plaintiff deposition for qualified immunity motion.

After the plaintiff’s deposition, the defendant(s) has/have thirty days to file a brief in support of the motion to dismiss (order your deposition transcript accordingly, please). If the defendant(s) decide(s) to proceed with the issue of qualified immunity at this stage, brief it. If the defendant(s) decide(s) not to proceed with the qualified immunity issue at the pre-answer/pre-discovery stage, simply notify the Court of that decision and do not address that issue in the brief.

Machine summary. Not checked yet.

Pre-motion conference required before filing motions

Pre-Motion Conferences in Civil Cases

Machine summary. Not checked yet.

Plaintiff deposition required before briefing pre-discovery qualified immunity motion.

In order to avoid wasting time with pre-answer qualified immunity motions that are likely to prove meritless, this Court requires the defendant(s) to depose the plaintiff before briefing a pre-discovery motion for qualified immunity. That way the plaintiff’s side of the story, including all of the plaintiff’s allegations about what the defendants did, will be fixed and known.

Machine summary. Not checked yet.

14 days to file omnibus reply brief addressing qualified immunity and other grounds.

Within 14 days of the filing of the plaintiff’s brief, the defendant(s) should file an omnibus reply brief addressing both qualified immunity and other asserted grounds for dismissal.

Machine summary. Not checked yet.

FLSA cases require Rule 16 conference without standard case management form.

Counsel in FLSA cases must attend the Rule 16 pretrial conference. Counsel in FLSA cases should not fill out Judge McMahon’s standard case management form.

Machine summary. Not checked yet.

Patent cases: claim construction first, intrinsic evidence only before discovery.

Judge McMahon first assesses claim construction in patent cases, absent some compelling reason to do otherwise. She requires papers limited to intrinsic evidence before she allows any discovery.

Machine summary. Not checked yet.

Pre-answer qualified immunity motions converted to summary judgment; only plaintiff deposition considered.

On a pre-answer/pre-discovery motion, the Court will convert the qualified immunity aspect of the motion to one for summary judgment and will consider the plaintiff’s deposition – but no other evidence – in deciding that issue and that issue only.

Machine summary. Not checked yet.

In limine motions must be filed within 5 days after final pretrial conference notice.

In limine motions are not to be filed with the pretrial order. They must be filed no later than five days after the parties are noticed for final pretrial conference.

Machine summary. Not checked yet.

Post-discovery qualified immunity motions require pleading as affirmative defense and full discovery.

If it is clear to counsel for the defendant(s) that a viable qualified immunity motion will require the presentation of evidence from the defendant(s) or a third party, please do not make a pre-discovery motion. Plead qualified immunity in your answer as an affirmative defense. Take your discovery and let the plaintiff take his/her discovery. Then move for summary judgment on the ground of qualified immunity – or, if relevant facts are in dispute, take the issue to trial.

Machine summary. Not checked yet.

Initial pretrial conference is not automatically cancelled if a fully briefed motion is pending; court may adjourn conference if motion is not fully briefed. Counsel must discuss pending motions at conference.

However, if there is a pending motion that has been fully briefed, the conference will not be automatically cancelled, even if counsel submit a stipulated case management plan. If a motion has been filed but is not fully briefed, the Court may choose to hold the conference to discuss the motion, or to adjourn the conference until the motion is fully briefed. Counsel should be prepared to discuss pending motions at the Initial Conference, whether they are fully briefed or not.

Machine summary. Not checked yet.

Page 6 | III. Initial Pretrial Conferences (Civil) B. Effect of a Case Management Plan

Initial conference not automatically cancelled if fully briefed motion is pending, even with stipulated case management plan.

However, if there is a pending motion that has been fully briefed, the conference will not be automatically cancelled, even if counsel submit a stipulated case management plan.

Machine summary. Not checked yet.

Page 6 | Effect of a Case Management Plan

Oral argument requests must be made by letter when filing papers; rarely granted; Court decides case-by-case.

Parties may request oral argument by letter at the time their moving, opposing, or reply papers are filed. However, Judge McMahon rarely hears oral argument on motions. The Court will decide on a case-by-case basis whether argument will be heard, and, if so, will advise counsel of the argument date.

Machine summary. Not checked yet.

Page 15 | Oral Argument on Motions

Discovery disputes must be addressed in pre-motion conference

Discovery Disputes

Machine summary. Not checked yet.

Patent cases require status conference; continue discovery under existing order until conference.

Judge McMahon has procedures for handling patent cases that differ from her procedure in other cases. If your case is a patent case, you will be called in for a status conference. If you are presently engaged in discovery pursuant to a Scheduling Order entered by Judge Casey, please continue with discovery until your conference can be held.

Machine summary. Not checked yet.

If no scheduling order exists in pro se cases, Judge will conference and refer to Magistrate for discovery.

If there is no scheduling order in place, Judge McMahon will conference your case, set a scheduling order and issue an order of reference to the Magistrate Judge for discovery supervision.

Machine summary. Not checked yet.

PSLRA cases require conference and schedule in accordance with statute.

Judge McMahon will conference your case and set a schedule in keeping with the statute.

Machine summary. Not checked yet.

IDEA/ERISA cases use summary judgment on administrative record instead of discovery schedule.

Instead of entering to a scheduling order that provides for discovery, either counsel should agree on a schedule for making cross-motions for summary judgment on the administrative record and submit that schedule to the Court, or the court will impose such a briefing schedule at a status conference.

Machine summary. Not checked yet.

Pro se cases must follow existing scheduling order; Magistrate Judge has authority.

If there is a scheduling order in place, please adhere to that scheduling order. The Magistrate Judge has authority in cases in which any party is pro se to

Machine summary. Not checked yet.

Decision on fully-briefed motion may be announced at conference, or case management plan entered pending resolution.

A decision on a fully-briefed motion may be announced at the conference, or a case management plan may be entered pending resolution of the motion.

Machine summary. Not checked yet.

Page 6 | Effect of a Case Management Plan

Initial pretrial conferences are automatically scheduled by phone unless parties request in-person.

When a civil case is assigned to Judge McMahon, Chambers will automatically schedule an initial pretrial conference pursuant to Federal Rule of Civil Procedure 16. These conferences will be held by phone unless the parties specifically request one in person.

Machine summary. Not checked yet.

Page 6 | Initial Pretrial Conferences (Civil)

Court may hold or adjourn initial conference to discuss pending motion that is not fully briefed.

If a motion has been filed but is not fully briefed, the Court may choose to hold the conference to discuss the motion, or to adjourn the conference until the motion is fully briefed.

Machine summary. Not checked yet.

Page 6 | Effect of a Case Management Plan

Pre-motion conferences are not required for substantive motions.

Judge McMahon does not require pre-motion conferences for substantive motions. Do not send letters asking for permission to make a motion. Just make the motion.

Machine summary. Not checked yet.

Page 10 | V. Pleadings and Motions

Date calculations follow FRCP 6 for civil matters and FRCrP 45 for criminal matters.

All date and hour calculations are governed by Federal Rule of Civil Procedure 6, in civil matters, or Federal Rule of Criminal Procedure 45, in criminal matters.

Machine summary. Not checked yet.

Page 15 | Time to Respond

Motions for reconsideration are reviewed by Judge McMahon who decides if response is needed; opposing party only responds if directed.

Motions for reconsideration are to be served in the same manner as other motions. However, Judge McMahon reviews motions for reconsideration when they arrive, and decides whether a response is required or whether a motion can be denied sua sponte. The opposing party need not serve any responsive papers (including letters) unless specifically directed to do so by Judge McMahon.

Machine summary. Not checked yet.

Page 15 | Motions for Reconsideration

FLSA cases: discuss merits and conditional certification at Rule 16 conference.

They should instead come to the conference prepared to discuss both the merits and conditional certification. Most of the time, the filing of an FLSA complaint will be deemed a motion for conditional certification of the class denominated in the pleading.

Machine summary. Not checked yet.

Patent cases require discussion of ownership and chain of title if patent holder is not inventor.

Counsel should be prepared to discuss all preliminary issues including, if the patent holder is not the inventor, the nature of plaintiff’s ownership and the chain of title.

Machine summary. Not checked yet.

Opposition papers must be filed on ECF and faxed to chambers within 48 hours if not joined by all counsel.

If such requests are not joined by all counsel, opposition papers shall be filed on ECF and faxed to chambers at the above number within 48 hours after the request is filed on ECF.

Machine summary. Not checked yet. · Civil cases

Page 1 | MODIFICATION TO EXISTING CIVIL SCHEDULING ORDERS AND RELATED MATTERS

Requests for waiver of scheduling order must be in writing with specific reasons and faxed to chambers.

IT IS FURTHER ORDERED that counsel who, for good cause shown, need the court to retain current dates or to set shorter dates must apply in ·writing to Chief Judge McMahon for a waiver of this scheduling order, setting out with specificity the reasons for the request. Counsel should fax a copy of such requests to chambers as 212-805-6426 in addition to filing same on ECF. If such requests are not joined by all counsel, opposition papers shall be filed on ECF and faxed to chambers at the above number within 48 hours after the request is filed on ECF.

Machine summary. Not checked yet. · Civil cases

Page 1 | MODIFICATION TO EXISTING CIVIL SCHEDULING ORDERS AND RELATED MATTERS

Extension of time requests must be filed at least two calendar days before the original deadline.

Any request for an extension of time must be filed at least two days prior to the original deadline sought to be extended.

Machine summary. Not checked yet.

Page 5 | I. Timing of Request

Adjournment requests require at least 48 hours' advance notice before the scheduled court appearance.

Any requests for an adjournment of a court appearance must be made at least 48 hours prior to the scheduled appearance.

Machine summary. Not checked yet.

Page 5 | I. Timing of Request

Adjournment and extension requests must be ECF letter motions containing specified required elements.

Any request for an adjournments or an extension of time must be by ECF letter motion, and must include: • The original deadline that the party wishes to adjourn or extend; • The number of previous requests for adjournment or extension; • Whether these previous requests were granted or denied; • Whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent; and • Whether the requested adjournment or extension affects any other scheduled dates. If so, a proposed Revised Scheduling Order must be attached.

Machine summary. Not checked yet.

Page 5 | I. Form of Request

Extensions of time to file pleadings do not adjourn scheduled conferences unless the Court explicitly states otherwise.

An extension of time to file a pleading granted pursuant to Part I.D, supra, does not adjourn or postpone any scheduled conference unless specifically stated by the Court.

Machine summary. Not checked yet.

Page 7 | PRETRIAL CONFERENCES

Extensions for lead counsel motion oppositions in PSLRA cases are prohibited.

NO EXTENSIONS WILL BE GRANTED.

Machine summary. Not checked yet.

Page 10 | M. Cases Governed by the Private Securities Litigation Reform Act (PSLRA)

Adjournment/extension requests must be ECF letter motions including original deadline, previous requests, adversary consent, and proposed revised scheduling order if needed.

Any request for an adjournments or an extension of time must be by ECF letter motion, and must include: • The original deadline that the party wishes to adjourn or extend; • The number of previous requests for adjournment or extension; • Whether these previous requests were granted or denied; • Whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent; and • Whether the requested adjournment or extension affects any other scheduled dates. If so, a proposed Revised Scheduling Order must be attached.

Machine summary. Not checked yet.

Page 5 | Form of Request

Adjournment requests require 48 hours notice; extension requests require 2 days notice; late requests only allowed for true emergencies.

Any requests for an adjournment of a court appearance must be made at least 48 hours prior to the scheduled appearance. Any request for an extension of time must be filed at least two days prior to the original deadline sought to be extended. Applications made late will not be entertained except in case of a true emergency.

Machine summary. Not checked yet.

Page 5 | Timing of Request

Adjournment/extension requests must be made in advance

Requests for Adjournments or Extensions of Time

Machine summary. Not checked yet.

Summary judgment motions must be filed within 30 days after close of discovery.

Summary judgment motions must be made no later than 30 days after the close of discovery (see the Court’s Case Management Order).

Machine summary. Not checked yet.

Blanket extension for filing papers expires May 15, 2020; counsel must apply for extensions thereafter.

IT IS FURTHER ORDERED that the May 15, 2020, blanket extension for filing papers in civil cases will be allowed to expire; thereafter, counsel shall apply to the court for extension of time as and when necessary.

Machine summary. Not checked yet. · Civil cases

Page 1 | MODIFICATION TO EXISTING CIVIL SCHEDULING ORDERS AND RELATED MATTERS

Deadlines in civil case management orders extended for total of 75 days.

IT IS FURTHER ORDERED that all deadlines in any Civil Case Management Order that were previously agreed to by the parties and SO ORDERED by Chief Judge McMahon, previously extended for 45 days, are extended for a further 30 days, for a total of 75 days, after which the revised schedules must be followed;

Machine summary. Not checked yet. · Civil cases

Page 1 | MODIFICATION TO EXISTING CIVIL SCHEDULING ORDERS AND RELATED MATTERS

Judge McMahon does not routinely grant discovery adjournments or extensions.

Judge McMahon does NOT routinely grant adjournments or extend the time to complete discovery. She expects cases to be ready for trial within six months of the filing of the complaint (or, in the case of transferred cases, within six months from the date of transfer).

Machine summary. Not checked yet.

Page 1 | I. PROCEDURES FOR CASES IN WHICH THERE ARE NO PRO SE PARTIES

No additional discovery time granted if deadline has passed.

If your discovery deadline has passed, she is not going to give you additional time to complete discovery– even if you have not conducted any discovery to date.

Machine summary. Not checked yet.

Page 1 | I. PROCEDURES FOR CASES IN WHICH THERE ARE NO PRO SE PARTIES

Adjournments and extensions are not automatically granted even if all parties stipulate to the request.

Judge McMahon does not automatically grant adjournments or extensions of time, even if stipulated by counsel.

Machine summary. Not checked yet.

Page 5 | I. Court Practice

Judge McMahon does not automatically grant adjournments or extensions, even if stipulated.

Judge McMahon does not automatically grant adjournments or extensions of time, even if stipulated by counsel.

Machine summary. Not checked yet.

Page 5 | Court Practice

Page limit extensions must be requested in writing 5 days before due date (1 day for reply briefs).

Requests to file memoranda exceeding the page limits set forth herein must be made in writing five days prior to the due date, except with respect to reply briefs, in which case the time is one day prior to the due date.

Machine summary. Not checked yet.

Magistrate Judge cannot change deadlines without full case transfer; Judge McMahon rarely grants extensions.

The Magistrate Judge cannot change discovery deadlines unless you agree to transfer the case to the Magistrate Judge for all purposes. Judge McMahon does not routinely grant extensions so counsel are warned that it they wait until the last minute to bring discovery disputes to the attention of the Magistrate Judge, they may find themselves precluded from taking discovery because they have run out of time.

Machine summary. Not checked yet. · Civil cases

Page 2 | Discovery disputes

Discovery disputes do not extend deadlines; Judge McMahon must approve extensions in non-pro se cases.

Discovery disputes do not result in any extension of the discovery deadline or trial-ready date, and Judge McMahon must approve any extension of the discovery deadline in non-pro se cases.

Machine summary. Not checked yet. · Civil cases

Page 2 | Discovery disputes

Fax requests to chambers at 212-805-6426 in addition to ECF filing.

Counsel should fax a copy of such requests to chambers as 212-805-6426 in addition to filing same on ECF.

Machine summary. Not checked yet. · Civil cases

Page 1 | MODIFICATION TO EXISTING CIVIL SCHEDULING ORDERS AND RELATED MATTERS

Faxing courtesy copies of motions and supporting papers to Chambers is prohibited unless the Court directs fax use; no hard copy follow-up is needed if fax is used as directed.

Courtesy copies of motions and supporting papers may not be faxed to Chambers unless the Court specifically directs that fax be used. If the Court has specifically directed parties to communicate with Chambers via fax, do not follow with a hard copy.

Machine summary. Not checked yet.

Page 4 | I. Communications with Chambers > C. Faxes

Chambers will not accept faxes from pro se litigants; any such faxes are ignored, and pro se litigants must file papers with the Pro Se Clerk’s Office.

Under no circumstances will Chambers accept faxes from pro se litigants. If pro se litigants send faxes to Chambers, the faxes will be ignored. Pro se litigants must instead file all papers that they want Judge McMahon to read with the Pro Se Clerk’s Office.

Machine summary. Not checked yet.

Page 4 | I. Communications with Chambers > C. Faxes

Telephone calls to Chambers are only permitted in real emergencies; deputy clerks and law clerks will not discuss cases or clarify rules by phone, and such requests must be submitted in writing.

Telephone calls to Chambers are not permitted, except in the case of a real emergency. Judge McMahon’s deputy clerk and law clerks will not discuss cases or clarify rules over the telephone. Any requests for clarification should be submitted in writing.

Machine summary. Not checked yet.

Page 4 | I. Communications with Chambers > A. Routine Communications with Chambers

All communications with Chambers must be written, filed via ECF, and copies delivered to all parties; copies of counsel correspondence must not be sent to the Court.

All communications with Chambers on any subject must be in writing and filed via ECF, with copies delivered simultaneously to all counsel or pro se parties. Do not send copies of correspondence between counsel to the Court.

Machine summary. Not checked yet.

Page 4 | I. Communications with Chambers > A. Routine Communications with Chambers

Civil represented parties' attorneys may call (212) 805-6325 for emergencies (must include opposing counsel); criminal attorneys with pressing issues may call (212) 805-6329.

In case of a real emergency, the attorney for a represented party in a civil matter may call (212) 805-6325, and should include opposing counsel on the call. An attorney with a pressing issue in a criminal matter may call (212) 805-6329.

Machine summary. Not checked yet.

Page 4 | I. Communications with Chambers > B. Emergency Communications with Chambers

Pro se parties are prohibited from calling Chambers; they must contact the Pro Se Intake Unit at (212) 805-0175 during business hours (8:30a-5p M-F except federal holidays).

A party who does not have an attorney should not call Chambers. The Court has an office dedicated to parties without attorneys, called the Pro Se Intake Unit. It may be reached at (212) 805-0175 during normal business hours, 8:30 a.m. to 5:00 p.m., Monday through Friday (except federal holidays).

Machine summary. Not checked yet.

Page 4 | I. Communications with Chambers > B. Emergency Communications with Chambers

Emails sent to any chambers email address are prohibited and will be ignored.

Do not send emails to any email address in chambers. Any email sent to a chambers email address will be ignored.

Machine summary. Not checked yet.

Page 4 | I. Communications with Chambers > A. Routine Communications with Chambers

Documents longer than 10 pages cannot be faxed to Chambers without prior authorization.

No document longer than 10 pages may be faxed without prior authorization.

Machine summary. Not checked yet.

Page 4 | I. Communications with Chambers > C. Faxes

Pro se litigants are prohibited from contacting Chambers directly via phone/fax/email; all communications must go through the Pro Se Intake Unit during specified hours.

Pro se litigants may not contact Chambers by phone, fax or email, but must direct all communications through the Pro Se Intake Unit, which can be reached at (212) 805-0175 during normal business hours, 8:30 a.m. to 5:00 p.m., Monday through Friday (except federal holidays). We will not respond to communications from pro se litigants who try to contact chambers by any other means.

Machine summary. Not checked yet.

Page 6 | II. Pro Se Cases

Requests to appear by telephone at conferences must be submitted via ECF at least two days before the scheduled conference date.

Requests to appear at a conference by telephone must be made by ECF at least two days before the scheduled conference date, in accordance with Judge McMahon’s rules for telephonic appearances, available at http://nysd.uscourts.gov/judge/Mcmahon. Such requests will be considered on a case-by-case basis.

Machine summary. Not checked yet.

Page 7 | PRETRIAL CONFERENCES

Parties filing Rule 72 Objections must notify Judge McMahon via letter including the docket number of the filing.

Should either party file Objections to an order of the Magistrate Judge pursuant to Fed. R. Civ. P. 72, that party should also file a letter addressed to Judge McMahon to notify her that Rule 72 Objections were filed. Please include the docket number of the filing in the letter.

Machine summary. Not checked yet.

Page 11 | COMMUNICATIONS WITH CHAMBERS

Parties with scheduling conflicts must notify the Court by letter.

Any party with a scheduling problem should bring it to the Court’s attention by letter.

Machine summary. Not checked yet.

Page 20 | D. Final Pretrial Conference; Exhibits

Faxing courtesy copies to chambers is prohibited unless court directs otherwise.

Courtesy copies of motions and supporting papers may not be faxed to Chambers unless the Court specifically directs that fax be used. If the Court has specifically directed parties to communicate with Chambers via fax, do not follow with a hard copy.

Machine summary. Not checked yet.

Page 4 | I. Communications with Chambers

Pro se parties should contact Pro Se Intake Unit at (212) 805-0175, not chambers.

A party who does not have an attorney should not call Chambers. The Court has an office dedicated to parties without attorneys, called the Pro Se Intake Unit. It may be reached at (212) 805-0175 during normal business hours, 8:30 a.m. to 5:00 p.m., Monday through Friday (except federal holidays).

Machine summary. Not checked yet.

Page 4 | I. Communications with Chambers

Chambers will not accept faxes from pro se litigants; they must file with Pro Se Clerk’s Office.

Under no circumstances will Chambers accept faxes from pro se litigants. If pro se litigants send faxes to Chambers, the faxes will be ignored. Pro se litigants must instead file all papers that they want Judge McMahon to read with the Pro Se Clerk’s Office.

Machine summary. Not checked yet.

Page 4 | I. Communications with Chambers

Telephone calls to chambers are prohibited except for real emergencies.

Telephone calls to Chambers are not permitted, except in the case of a real emergency. Judge McMahon’s deputy clerk and law clerks will not discuss cases or clarify rules over the telephone. Any requests for clarification should be submitted in writing.

Machine summary. Not checked yet.

Page 4 | I. Communications with Chambers

Emails to chambers email addresses will be ignored.

Do not send emails to any email address in chambers. Any email sent to a chambers email address will be ignored.

Machine summary. Not checked yet.

Page 4 | I. Communications with Chambers

All communications with chambers must be via ECF with courtesy copies to all parties; no correspondence between counsel to court.

All communications with Chambers on any subject must be in writing and filed via ECF, with copies delivered simultaneously to all counsel or pro se parties. Do not send copies of correspondence between counsel to the Court. Courtesy copies of all pleadings and motions. Sealed documents should be electronically filed in accordance with Part V.A, infra. Do not send courtesy copies of other documents to Chambers.

Machine summary. Not checked yet.

Page 4 | I. Communications with Chambers

Emergency phone numbers for civil (212-805-6325) and criminal (212-805-6329) matters.

In case of a real emergency, the attorney for a represented party in a civil matter may call (212) 805-6325, and should include opposing counsel on the call. An attorney with a pressing issue in a criminal matter may call (212) 805-6329.

Machine summary. Not checked yet.

Page 4 | I. Communications with Chambers

Documents longer than 10 pages cannot be faxed without prior authorization.

No document longer than 10 pages may be faxed without prior authorization.

Machine summary. Not checked yet.

Page 4 | I. Communications with Chambers

Pro se litigants must contact Pro Se Intake Unit only, not Chambers, by phone during business hours.

Pro se litigants may not contact Chambers by phone, fax or email, but must direct all communications through the Pro Se Intake Unit, which can be reached at (212) 805-0175 during normal business hours, 8:30 a.m. to 5:00 p.m., Monday through Friday (except federal holidays). We will not respond to communications from pro se litigants who try to contact chambers by any other means.

Machine summary. Not checked yet.

Page 6 | Pro Se Cases

Prohibited phone types for telephonic appearances except extreme emergencies.

The use of car phones, cellular phones, speaker phones, public telephone booths, or phones in other public places is prohibited except in the most extreme emergencies.

Machine summary. Not checked yet.

Page 1 | PROCEDURES FOR TELEPHONIC APPEARANCE

Sanctions for procedural deviations include calendar removal, continuance, monetary penalties, or permanent telephonic appearance prohibition.

Sanctions may be imposed when there is any deviation from the required procedures or the court determines that a person’s conduct makes telephonic appearances inappropriate. Sanctions may include dropping a matter from calendar, continuing the hearing, proceeding in the absence of an unavailable participant, a monetary sanction, and/or a permanent prohibition against a person appearing telephonically.

Machine summary. Not checked yet.

Page 1 | PROCEDURES FOR TELEPHONIC APPEARANCE

Telephonic appearance requests must be submitted via CM-ECF or fax.

Requests should be submitted electronically via CM-ECF or via fax to (212) 805-6326.

Machine summary. Not checked yet.

Page 1 | POLICY REGARDING TELEPHONIC APPEARANCES

Telephonic appearances never permitted for trials or evidentiary hearings.

Requests will never be granted for trials or evidentiary hearings, for which all counsel and witnesses must appear in person.

Machine summary. Not checked yet.

Page 1 | POLICY REGARDING TELEPHONIC APPEARANCES

Telephonic appearances require prior written permission at least two business days in advance with stated reason.

Telephonic appearances are not permitted in lieu of personal appearances unless the Court has provided prior written permission for a party to appear telephonically. A request to appear by telephone must be made in writing at least two business days prior to the scheduled appearance and must state the reason why an exception should be made.

Machine summary. Not checked yet.

Page 1 | POLICY REGARDING TELEPHONIC APPEARANCES

Counsel must dial in at least 10 minutes before scheduled hearing.

It is counsel’s responsibility to dial into the call not later than 10 minutes prior to the scheduled hearing.

Machine summary. Not checked yet.

Page 1 | PROCEDURES FOR TELEPHONIC APPEARANCE

Telephonic appearances must be arranged by 12:00 p.m. the day before via CourtCall.

After the Court has given written permission for a party to appear telephonically, the appearance must be arranged, not later than 12:00 p.m. the day prior to the hearing, by calling CourtCall at (866) 582-6878 or (310) 342-0888 or going to www.courtcall.com.

Machine summary. Not checked yet.

Page 1 | PROCEDURES FOR TELEPHONIC APPEARANCE

Multiple participants only allowed with full compliance with all procedures.

Telephonic appearances by multiple participants are only possible when there is compliance with every procedural requirement.

Machine summary. Not checked yet.

Page 1 | PROCEDURES FOR TELEPHONIC APPEARANCE

Must mute phone until matter is called to avoid interfering with other hearings.

You must place your phone on 'mute' until your matter is called to ensure the quality of the record and to avoid interfering with other hearings in progress.

Machine summary. Not checked yet.

Page 1 | PROCEDURES FOR TELEPHONIC APPEARANCE

First discovery dispute requires letter to Chambers via ECF for Magistrate Judge referral.

The first time there is a discovery dispute that counsel cannot resolve on their own, file a letter to Chambers via ECF and ask for an order of reference to the Magistrate Judge for discovery supervision. Thereafter, go directly to the Magistrate Judge for resolution of discovery disputes; do not contact Judge McMahon.

Machine summary. Not checked yet. · Civil cases

Page 2 | Discovery disputes

Civil conferences available by phone/Skype; requests to Deputy Clerk at Mariela_DeJesus@nysd.uscourts.gov.

The court is available to hold civil conferences by telephone or Skype for Business at any time if counsel agree; requests for conferences should be addressed to the Deputy Clerk at Mariela_DeJesus@nysd.uscourts.gov.

Machine summary. Not checked yet. · Civil cases

Page 1 | MODIFICATION TO EXISTING CIVIL SCHEDULING ORDERS AND RELATED MATTERS