Judge Kenneth M. Karas
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- 1 copy • Chambers Copy • As Soon As Practicable
Courtesy copies
- Not required
Adjournments
- Adjournment/extension requests require 5 business days notice and must be filed as letter-motions on ECF.
- Adjournment/extension requests must be filed as letter-motions at least 5 business days before the scheduled appearance.
- Discovery extension requests past Case Management Order deadline go to Judge Karas; others go to magistrate judge with ECF copy.
- Adjournment/extension letter-motions must include original date, previous requests, consent status, and adversary's reasons.
- No extensions of discovery deadline without court permission; interim deadlines may be extended by magistrate judge; final deadline extension requires consent to magistrate judge handling all purposes.
Request must include
- Opposition filings allowed within one week of pretrial order.
- Bankruptcy briefs follow FRBP 8018 with 2-day extension deadline.
Communication
Chambers
Phone
Clerk
Phone
Chambers
Phone
Intake Unit
Letter via fax
Chambers
In Person
Chambers
Chambers
Chambers
Page & Word Limits2 rules
Machine summary. Not checked yet.Mandatory?
If filed by an attorney or prepared with a computer, memoranda of law in support of and in opposition to motions are limited to 8,750 words, and reply memoranda are limited to 3,500 words. If filed by a Party who is not represented by an attorney and handwritten or prepared with a typewriter, 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: Word/page limits for memoranda of law based on attorney representation and preparation method
8,750 words
Applies to: Attorney
Reply Memorandum
3,500 words
Applies to: Attorney
25 pages
Applies to: Pro Se
Reply Memorandum
10 pages
Applies to: Pro Se
Machine summary. Not checked yet.Mandatory?
If filed by an attorney or prepared with a computer, memoranda of law in support of and in opposition to motions are limited to 8,750 words, and reply memoranda are limited to 3,500 words. If filed by a Party who is not represented by an attorney and handwritten or prepared with a typewriter, 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: Attorney memoranda limited to 8,750 words (support/opposition) and 3,500 words (reply); pro se limited to 25 pages (support/opposition) and 10 pages (reply).
Brief
8,750 words
Applies to: Attorney
Reply Brief
3,500 words
Applies to: Attorney
Brief
25 pages
Applies to: Pro Se
Reply Brief
10 pages
Applies to: Pro Se
Document Format Requirements5 rules
Machine summary. Not checked yet.Mandatory?
All exhibits in support of motions should be filed on ECF. Exhibits that cannot be submitted on ECF (e.g., media files) should be provided to the Court on portable electronic storage media (e.g., flash drive, portable hard drive, CD-ROM, DVD-ROM).
Summary: Exhibits must be filed on ECF or provided on portable media if not ECF-compatible
Machine summary. Not checked yet.Mandatory?
All documents must be filed on ECF or, if permitted or required under these Individual Rules and Practices, emailed to KarasNYSDChambers@nysd.uscourts.gov.
Summary: All documents must be filed on ECF or emailed to specific chambers address
Machine summary. Not checked yet.Mandatory?
All memoranda of law shall be produced in a 12-point font, be double-spaced, and have one-inch margins on all sides.
Summary: Memoranda must use 12-point font, double-spacing, and one-inch margins.
Machine summary. Not checked yet.Note?
Where possible, Parties should ensure that PDFs uploaded to ECF, such as memoranda, declarations, or exhibits, are text searchable.
Summary: PDFs uploaded to ECF should be text searchable where possible
Machine summary. Not checked yet.Note?
Where possible, Parties should ensure that PDFs uploaded to ECF, such as memoranda, declarations, or exhibits, are text searchable.
Summary: PDFs uploaded to ECF should be text searchable where possible.
Document Filing Requirements40 rules
Machine summary. Not checked yet.Mandatory?
Prepare an Order To Show Cause for Default Judgment (the “Order”) and make the Order returnable before Judge Karas in Courtroom 521 of the United States Courthouse, White Plains, New York. Leave blank the date and time of the conference, which Judge Karas will set when he signs the Order.
Summary: Order To Show Cause for Default Judgment must be prepared and made returnable before Judge Karas in Courtroom 521.
Document Type
Order To Show Cause
Machine summary. Not checked yet.Mandatory?
Attach the following papers to the Order: a. a proposed default judgment; b. statement of damages; c. an attorney’s affidavit setting forth: (i) why a default judgment is appropriate, including a description of the method and date of service of the original summons and complaint; (ii) whether, if the default is applicable to fewer than all of the defendants, the Court may appropriately order a default judgment on the issue of liability and/or damages prior to resolution of the entire action; (iii) the proposed damages and the basis for each element of damages including interest, attorney’s fees, and costs; and (iv) legal authority for why an inquest would be unnecessary; d. copies of all of the pleadings; e. a copy of the affidavit of service of the original summons and complaint; and, f. if failure to answer is the basis for the default, a Certificate from the Clerk of Court stating that no answer has been filed.
Summary: Order To Show Cause must include proposed default judgment, statement of damages, attorney’s affidavit, copies of pleadings, affidavit of service, and Clerk’s Certificate if applicable.
Document Type
Order To Show Cause
Machine summary. Not checked yet.Mandatory?
File the Order (with all attachments) electronically on ECF. The Clerk’s Office will review and approve the Order for form.
Summary: Order To Show Cause and all attachments must be filed electronically on ECF.
Document Type
Order To Show Cause
Machine summary. Not checked yet.Mandatory?
Prior to the return date, file the affidavit of service on the defendant of a conformed copy of the Order. The affidavit must be filed electronically on ECF.
Summary: Affidavit of service on defendant of conformed Order must be filed electronically on ECF before return date.
Document Type
Affidavit Of Service
Machine summary. Not checked yet.Mandatory?
A. Joint Pretrial Orders (Civil Cases Only). At a time to be set by the Court, the Parties shall submit to the Court for its approval a Joint Pretrial Order that includes the information required by Federal Rule of Civil Procedure 26(a)(3), and the following:
Summary: Joint Pretrial Orders required in civil cases with specific content requirements.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
A Party who wishes to obtain a default judgment must proceed by way of an Order To Show Cause. Consult the separate Individual Rules of Practice for Default Judgment Proceedings before Judge Karas, available on the Court’s website.
Summary: Default judgments must be obtained through Order To Show Cause.
Document Type
Default Judgment
Machine summary. Not checked yet.Mandatory?
Briefs must be submitted in accordance with Federal Rule of Bankruptcy Procedure 8018. Counsel may extend these dates by stipulation submitted to the Court no later than two business days before the brief is due.
Summary: Bankruptcy appeals briefs must follow FRBP 8018 with extension deadline.
Document Type
Bankruptcy Appeal Brief
Machine summary. Not checked yet.Mandatory?
B. Pretrial Filings in Civil Cases. Along with the Joint Pretrial Order, each Party shall file:
Summary: Pretrial filings required with Joint Pretrial Order in civil cases.
Document Type
Pretrial Filing
Machine summary. Not checked yet.Mandatory?
Memoranda of 10 pages or more shall contain a table of contents.
Summary: Memoranda of 10+ pages require table of contents
Document Type
Memorandum Of Law
Machine summary. Not checked yet.Mandatory?
If a Party files a deposition transcript on the docket, it must be a full and complete copy of the transcript. No excerpted copies are permitted.
Summary: Full deposition transcripts required, no excerpts
Document Type
Deposition Transcript
Machine summary. Not checked yet.Mandatory?
The letter-motion must state: (1) the original date(s); (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; and (4) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent.
Summary: Adjournment/extension letter-motions must include original date, previous requests, and adversary consent status.
Document Type
Letter Motion
Machine summary. Not checked yet.Mandatory?
The opposing party must reproduce each entry in the moving party’s Rule 56.1 Statement its entirety, including the moving party’s record citations, and set out the opposing party’s response directly beneath it.
Summary: Opposing party must reproduce and respond to each Rule 56.1 entry
Document Type
Rule 56 1 Response
Machine summary. Not checked yet.Mandatory?
An opposing party that wishes to provide a Statement of Additional Material Facts Pursuant to Local Civil Rule 56.1 must do so as a separate filing on the docket. The Statement of Additional Material Facts may not be combined with a Rule 56.1 Response Statement as a single document filed on the docket.
Summary: Additional Rule 56.1 facts must be separate filing, not combined with response
Document Type
Rule 56 1 Additional Facts
Machine summary. Not checked yet.Mandatory?
Except in pro se cases, the moving party shall provide all other parties with an electronic copy of the moving party’s Statement of Material Facts Pursuant to Local Civil Rule 56.1.
Summary: Electronic copy of Rule 56.1 statement required in non-pro se cases
Document Type
Rule 56 1 Statement
Machine summary. Not checked yet.Mandatory?
The attorney who will serve as principal trial counsel shall appear at all conferences with the Court.
Summary: Principal trial counsel must appear at all conferences
Document Type
Conference
Machine summary. Not checked yet.Mandatory?
If a brief is filed by an attorney or prepared with a computer, it must include a certification, by the attorney or by the filing Party who is not represented by an attorney, that the document complies with word count limitations. The certification must state the number of words in the document and may rely on the word count of the word-processing program used to prepare the document.
Summary: Word count certification required for attorney-prepared memoranda
Document Type
Memorandum Of Law
Machine summary. Not checked yet.Mandatory?
The attorney who will serve as principal trial counsel shall appear at all conferences with the Court.
Summary: Principal trial counsel must appear at all conferences.
Document Type
Conference
Machine summary. Not checked yet.Mandatory?
Memoranda of 10 pages or more shall contain a table of contents.
Summary: Memoranda of 10+ pages require table of contents.
Document Type
Brief
Machine summary. Not checked yet.Mandatory?
A Party who wishes to obtain a default judgment must proceed by way of an Order To Show Cause. Consult the separate Individual Rules of Practice for Default Judgment Proceedings before Judge Karas, available on the Court’s website.
Summary: Default judgments must be obtained via Order to Show Cause.
Document Type
Default Judgment
Machine summary. Not checked yet.Mandatory?
An opposing party that wishes to provide a Statement of Additional Material Facts Pursuant to Local Civil Rule 56.1 must do so as a separate filing on the docket. The Statement of Additional Material Facts may not be combined with a Rule 56.1 Response Statement as a single document filed on the docket.
Summary: Additional Rule 56.1 facts must be separate filing, not combined with response.
Document Type
Opposition
Machine summary. Not checked yet.Mandatory?
Along with the Joint Pretrial Order, each Party shall file: i. In jury cases, proposed voir dire questions, verdict form, and requests to charge; ii. In non-jury cases, proposed findings of fact and conclusions of law. Proposed findings of fact should be detailed; iii. In all cases, motions addressing any evidentiary or other issues which should be resolved in limine; and iv. Where such Party believes it would be useful, a pretrial memorandum.
Summary: Pretrial filings required with Joint Pretrial Order.
Document Type
Pretrial Filing
Machine summary. Not checked yet.Mandatory?
The opposing party must reproduce each entry in the moving party’s Rule 56.1 Statement its entirety, including the moving party’s record citations, and set out the opposing party’s response directly beneath it.
Summary: Opposing party must reproduce and respond to each Rule 56.1 entry.
Document Type
Opposition
Machine summary. Not checked yet.Mandatory?
All exhibits in support of motions should be filed on ECF. Exhibits that cannot be submitted on ECF (e.g., media files) should be provided to the Court on portable electronic storage media (e.g., flash drive, portable hard drive, CD-ROM, DVD-ROM).
Summary: Exhibits must be filed on ECF or provided on portable media if not ECF-compatible.
Document Type
Exhibits
Machine summary. Not checked yet.Mandatory?
At a time to be set by the Court, the Parties shall submit to the Court for its approval a Joint Pretrial Order that includes the information required by Federal Rule of Civil Procedure 26(a)(3), and the following:
Summary: Joint Pretrial Order required in civil cases.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
Sur-reply memoranda will not be accepted without prior permission of the Court.
Summary: Sur-replies require prior Court permission.
Document Type
Sur Reply
Machine summary. Not checked yet.Mandatory?
Except in pro se cases, the moving party shall provide all other parties with an electronic copy of the moving party’s Statement of Material Facts Pursuant to Local Civil Rule 56.1.
Summary: Electronic copy of Rule 56.1 statement required (except pro se cases).
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
A notice of motion shall state that oral argument will be “on a date and at a time designated by the Court.”
Summary: Oral argument notices must use “on a date and at a time designated by the Court” language.
Document Type
Notice Of Motion
Machine summary. Not checked yet.Mandatory?
Prior to the initial case management conference, the Parties must file on the docket a proposed case management and scheduling order.
Summary: Proposed case management and scheduling order required before initial conference.
Document Type
Case Management And Scheduling Order
Machine summary. Not checked yet.Mandatory?
If a Party files a deposition transcript on the docket, it must be a full and complete copy of the transcript. No excerpted copies are permitted.
Summary: Deposition transcripts must be full and complete copies, no excerpts.
Document Type
Deposition Transcript
Machine summary. Not checked yet.Mandatory?
Parties should not insert their own date and time on proposed orders to show cause for motions that require them. Parties should either leave blanks for the Court to fill in or use filler language such as “on a date and at a time designated by the Court.”
Summary: Show cause orders must leave date/time blank or use “designated by the Court” language.
Document Type
Proposed Order
Machine summary. Not checked yet.Mandatory?
If a brief is filed by an attorney or prepared with a computer, it must include a certification, by the attorney or by the filing Party who is not represented by an attorney, that the document complies with word count limitations. The certification must state the number of words in the document and may rely on the word count of the word-processing program used to prepare the document.
Summary: Attorney briefs must include word count certification.
Document Type
Brief
Machine summary. Not checked yet.Mandatory?
The parties shall submit a Joint Pretrial Order prepared in accordance with the undersigned’s Individual Practices and Rule 26(a)(3), Fed.R.Civ.P. If this action is to be tried before a jury, proposed voir dire, jury instructions and a verdict form shall be filed with the Joint Pretrial Order. Counsel are required to meet and confer on jury instructions and verdict form in an effort to make an agreed upon submission.
Summary: Joint Pretrial Order required with jury materials if jury trial; meet and confer on jury instructions and verdict form.
Document Type
Pretrial Order
Machine summary. Not checked yet.Important?
C. Filings in Opposition. Any Party may file the following documents within one week of the filing of the pretrial order, but in no event fewer than two days before the scheduled trial:
Summary: Opposition filings allowed within one week of pretrial order, no fewer than two days before trial.
Document Type
Opposition Filing
Machine summary. Not checked yet.Important?
The opposing party’s failure to comply with this rule may result in the Court’s deeming the moving party’s entry at issue admitted.
Summary: Non-compliance with Rule 56.1 response may result in deemed admissions
Document Type
Rule 56 1 Response
Machine summary. Not checked yet.Important?
The opposing party’s failure to comply with this rule may result in the Court’s deeming the moving party’s entry at issue admitted.
Summary: Non-compliance with Rule 56.1 may result in deemed admissions.
Document Type
Opposition
Machine summary. Not checked yet.Note?
After Judge Karas signs the Order, the Court will provide you with a conformed copy to serve on the defendant.
Summary: Court will provide conformed copy of signed Order for service on defendant.
Document Type
Order To Show Cause
Machine summary. Not checked yet.Note?
The Court will generally schedule a Fed. R. Civ. P. 16(c) conference within four months of the filing of the Complaint.
Summary: Initial case management conference scheduled within 4 months of complaint
Document Type
Initial Case Management Conference
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The Parties should use the Civil Case Management and Scheduling Order form available on the Court's website.
Summary: Use Court's Civil Case Management and Scheduling Order form.
Document Type
Case Management And Scheduling Order
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The Parties are to use Westlaw citations, where possible.
Summary: Westlaw citations required where possible.
Document Type
Brief
Machine summary. Not checked yet.Note?
The Court will generally schedule a Fed. R. Civ. P. 16(c) conference within four months of the filing of the Complaint.
Summary: Initial Rule 16(c) conference scheduled within 4 months of complaint.
Document Type
Initial Case Management Conference
Filing & Service rules
Courtesy Copy Requirements
No courtesy copies to chambers unless requested
No papers, including courtesy hard copies of any filing or document, may be submitted to Chambers unless requested by the Court.
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Criminal cases require prompt conference and indictment courtesy copy.
Upon assignment of a criminal case to Judge Karas, the Parties immediately shall arrange with the Deputy Clerk for a prompt conference at which the defendant will be present in order to set a discovery and motion schedule. The Assistant United States Attorney shall provide a courtesy copy of the indictment and the criminal complaint, if one exists, to Chambers as soon as practicable.
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Sealing & Redaction Procedures
Unredacted documents must be filed under seal on paper if sealing application is granted
If the application is granted, the unredacted document must be filed under seal in the traditional manner, on paper, in conformity with the sealed records filing procedures available at https://nysd.uscourts.gov/programs/records/sealed.
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Page 9 | X. ELECTRONIC DEVICES OF THE PARTIES
Motions to seal must be filed publicly and explain reasons without confidential info.
The motion to seal 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.
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For redactions, file public redacted version and sealed unredacted version with highlights.
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 proposed redactions highlighted.
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Sealed documents must be contemporaneously filed under seal and related to motion.
When using the electronic method, the proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion.
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Redacted documents must be contemporaneously filed publicly in ECF.
Where the motion to seal seeks permission to redact information from a document, the filing party shall contemporaneously file the redacted document in public view in the ECF system.
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Sealed filings must comply with ECF Rules and Instructions.
Any Party wishing to file any document under seal must generally comply with the sealed filing instructions in the ECF Rules and Instructions. The Court will not file any documents not submitted in compliance with these rules.
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Motions for sealed filings must be filed electronically.
Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases must be filed electronically through the court’s ECF system.
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Parties unable to file electronically must move for leave to file traditionally.
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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Motions to seal must be filed publicly and explain reasons without confidential info.
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.
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Motions for sealed filings must be filed electronically per standing order 19-mc-00583.
Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases may 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.
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Summary docket text must be public and exclude confidential information.
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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Sealed filing motions must be public, explain reasons, and supporting papers filed electronically under seal or redacted.
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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Sealed documents must be filed under seal in ECF and related to motion; docket text must be public and non-confidential.
When using the electronic method, 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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For redactions in public filings, file redacted version publicly and unredacted version under seal with highlights.
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 proposed redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.
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Parties unable to file electronically under seal must move for leave to file traditionally 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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Motions for sealed/redacted filings must be filed electronically via ECF.
Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases may 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.
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Motions for sealed/redacted filings must be filed electronically via ECF.
Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases must be filed electronically through the court’s ECF system.
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Sealed filing motions must be public, explain reasons, and supporting papers filed electronically under seal or redacted.
The motion to seal 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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Sealed filings must comply with ECF Rules and Instructions; Court will not file non-compliant documents.
Any Party wishing to file any document under seal must generally comply with the sealed filing instructions in the ECF Rules and Instructions. The Court will not file any documents not submitted in compliance with these rules. Parties may choose to use either the electronic filing method or traditional filing method, both of which are described below.
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Unredacted documents must be filed under seal on paper if application is granted.
If the application is granted, the unredacted document must be filed under seal in the traditional manner, on paper, in conformity with the sealed records filing procedures available at https://nysd.uscourts.gov/programs/records/sealed.
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Redacted documents must be filed publicly in ECF when seeking permission to redact.
Where the motion to seal seeks permission to redact information from a document, the filing party shall contemporaneously file the redacted document in public view in the ECF system.
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FRCP 5.2 requires redaction of sensitive information without court approval.
Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court.
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Parties may choose electronic or traditional filing methods for sealed documents.
Parties may choose to use either the electronic filing method or traditional filing method, both of which are described below.
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Supporting papers may be filed under seal or redacted as necessary.
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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FRCP 5.2 requires redaction of sensitive information without court approval.
Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court.
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Filing Bundling Requirements
No paper submissions to Chambers without Court request.
No papers, including courtesy hard copies of any filing or document, may be submitted to Chambers unless requested by the Court.
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Pre-Motion Conference Requirements
Pre-motion conference letters limited to 3 pages; responses due within 7 days.
To arrange a pre-motion conference for all other forms of motions that require them, the moving Party shall submit a letter (consistent with the procedures described above) not to exceed three pages in length (using normal margins and font) setting forth the basis for the anticipated motion. All Parties so served must submit a letter response, not to exceed three pages, within seven days from service of the notification letter.
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Pre-motion conference required for most motions except specified exceptions.
For motions other than discovery motions, a pre-motion conference with the Court is required for making any motion, except motions brought on by Order To Show Cause, motions by incarcerated pro se litigants, motions for admission pro hac vice, motions for reargument, motions for class certification, and motions described in Rule 6(b) of the Federal Rules of Civil Procedure and Rule 4(a)(4)(A) of the Federal Rules of Appellate Procedure.
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Discovery motions must follow Local Civil Rule 37.2.
For discovery motions, follow Local Civil Rule 37.2.
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Motions to dismiss require pre-motion letter with arguments/case law, stay answer deadline, and allow 7-day response.
For motions to dismiss in lieu of an answer in fully counseled cases, the movant must send a pre-motion letter to the nonmovant, copy the Court, and file it on the docket. The letter shall include each specific argument and relevant case law supporting the movant's position as to why the complaint may fail or partially fail as a matter of law. The filing of such a letter stays the time to answer or move until further order of the Court. Within seven days, the nonmovant shall respond by similar letter, indicating either that they will amend their pleading (with a proposed deadline for filing the amended pleading) or that they do not see a need to amend, citing the relevant case law that supports their position. Should the nonmovant choose not to amend in response to movant's letter, the Court will then schedule a pre-motion conference to discuss the issues and potentially set a briefing schedule. If a complaint is ultimately dismissed on the grounds set forth in the movant's initial letter, it may be dismissed with prejudice as the nonmovant already had a chance to research the movant's arguments and amend as needed.
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Motions to dismiss in fully counseled cases require pre-motion letter with arguments and case law, staying the answer deadline.
For motions to dismiss in lieu of an answer in fully counseled cases, the movant must send a pre-motion letter to the nonmovant, copy the Court, and file it on the docket. The letter shall include each specific argument and relevant case law supporting the movant’s position as to why the complaint may fail or partially fail as a matter of law. The filing of such a letter stays the time to answer or move until further order of the Court.
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Page 2 | II. MOTIONS
Pre-motion conference letters limited to 3 pages; responses also limited to 3 pages within 7 days.
To arrange a pre-motion conference for all other forms of motions that require them, the moving Party shall submit a letter (consistent with the procedures described above) not to exceed three pages in length (using normal margins and font) setting forth the basis for the anticipated motion. All Parties so served must submit a letter response, not to exceed three pages, within seven days from service of the notification letter.
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Page 2 | II. MOTIONS
Pre-motion conference required for summary judgment and dispositive motions, to be requested in writing at least 2 weeks before deadline.
Motions: All motions and applications shall be governed by the Court's Individual Practices, including pre-motion conference requirements. Summary Judgment or other dispositive motions are due at the close of discovery. Pursuant to the undersigned's Individual Practices, the parties shall request a pre-motion conference in writing at least two (2) weeks prior to this deadline.
Machine summary. Not checked yet. · Civil cases
Page 2 | 8. Motions
If nonmovant doesn't amend, Court schedules pre-motion conference to discuss issues and set briefing schedule.
Should the nonmovant choose not to amend in response to movant’s letter, the Court will then schedule a pre-motion conference to discuss the issues and potentially set a briefing schedule.
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Page 2 | II. MOTIONS
Nonmovant must respond within 7 days to pre-motion letter, indicating amendment plans or reasons not to amend with supporting case law.
Within seven days, the nonmovant shall respond by similar letter, indicating either that they will amend their pleading (with a proposed deadline for filing the amended pleading) or that they do not see a need to amend, citing the relevant case law that supports their position.
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Page 2 | II. MOTIONS
Complaint dismissed based on pre-motion letter may be dismissed with prejudice as nonmovant had chance to amend.
If a complaint is ultimately dismissed on the grounds set forth in the movant’s initial letter, it may be dismissed with prejudice as the nonmovant already had a chance to research the movant’s arguments and amend as needed.
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Page 2 | II. MOTIONS
Adjournment & Extension Requirements
Adjournment/extension requests require 5 business days notice and must be filed as letter-motions on ECF.
Absent an emergency, requests for adjournments or extensions of time shall be made at least five business days prior to the scheduled appearance. All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions.
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Discovery extension requests past Case Management Order deadline go to Judge Karas; others go to magistrate judge with ECF copy.
Requests for extension of deadlines regarding discovery or any other aspect of a case that has been referred to a magistrate judge that would result in extension of discovery past the date discovery is scheduled to be completed in the Case Management Order should be addressed to Judge Karas. All other requests for extension of interim deadlines regarding discovery or any other aspect of a case that has been referred to a magistrate judge shall be addressed to such magistrate judge, with a copy being filed on ECF.
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Adjournment/extension letter-motions must include original date, previous requests, consent status, and adversary's reasons.
The letter-motion must state: (1) the original date(s); (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; and (4) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent.
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Adjournment/extension requests must be filed as letter-motions at least 5 business days before the scheduled appearance.
Absent an emergency, requests for adjournments or extensions of time shall be made at least five business days prior to the scheduled appearance. All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions.
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Bankruptcy briefs follow FRBP 8018 with 2-day extension deadline.
Briefs must be submitted in accordance with Federal Rule of Bankruptcy Procedure 8018. Counsel may extend these dates by stipulation submitted to the Court no later than two business days before the brief is due.
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No extensions of discovery deadline without court permission; interim deadlines may be extended by magistrate judge; final deadline extension requires consent to magistrate judge handling all purposes.
There will be no extensions of the deadline for completion of discovery past the date discovery is scheduled to be completed in this Order without the permission of the Court, nor should counsel assume that any extensions will be granted. Counsel may seek permission for extension of interim discovery deadlines from the magistrate judge to whom the case is referred. Counsel may seek permission for an extension of the deadline for completion of discovery past the date discovery is scheduled to be completed in this Order only after consenting to allowing the magistrate judge to handle the case for all purposes.
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Page 5 | 15. [Other directions to the parties:]
Opposition filings allowed within one week of pretrial order.
Any Party may file the following documents within one week of the filing of the pretrial order, but in no event fewer than two days before the scheduled trial: i. Objections to another Party’s requests to charge or proposed voir dire questions; ii. Opposition to any motion in limine; and iii. Opposition to any legal argument in a pretrial memorandum.
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Discovery extension requests past Case Management Order deadline go to Judge Karas; others go to magistrate judge with ECF copy.
Requests for extension of deadlines regarding discovery or any other aspect of a case that has been referred to a magistrate judge that would result in extension of discovery past the date discovery is scheduled to be completed in the Case Management Order should be addressed to Judge Karas. All other requests for extension of interim deadlines regarding discovery or any other aspect of a case that has been referred to a magistrate judge shall be addressed to such magistrate judge, with a copy being filed on ECF.
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Chambers Communication Rules
Criminal cases require immediate conference and AUSA to provide courtesy copies.
Upon assignment of a criminal case to Judge Karas, the Parties immediately shall arrange with the Deputy Clerk for a prompt conference at which the defendant will be present in order to set a discovery and motion schedule. The Assistant United States Attorney shall provide a courtesy copy of the indictment and the criminal complaint, if one exists, to Chambers as soon as practicable.
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Page 6 | VII. CRIMINAL CASES
Letters should be filed via ECF unless sealed or containing sensitive/confidential information, which should be mailed.
Communications with the Court should be by letter. Unless there is a request to file a letter under seal or a letter contains sensitive or confidential information, letters should be filed electronically via ECF. Letters to be filed under seal or containing sensitive or confidential information should be delivered to the Court by mail.
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Civil conferences held by phone unless otherwise ordered, with specific dial-in
Unless otherwise ordered by the Court, all conferences and proceedings in civil cases, besides trials, will be held by telephone. The Parties should call into the Court’s dedicated conference line at (605) 472-5160, and enter Access Code 4653066, followed by the pound (#) key.
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Defense counsel must arrange phone access for incarcerated pro se plaintiffs
For conferences involving incarcerated pro se plaintiffs, Defense counsel is responsible for making arrangements with the relevant correctional facility to ensure that the plaintiff will be reachable via telephone at the time of the conference.
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Telephone calls to Chambers are prohibited.
Telephone calls to Chambers are not permitted.
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Do not contact Chambers to confirm ECF uploads; email only for urgent matters not covered by rules.
Do not contact Chambers to confirm that a particular filing was uploaded; the document should be visible on ECF if it was uploaded correctly. For questions that cannot be answered by reference to these Rules or the S.D.N.Y. Local Rules or for situations requiring the Court's immediate attention, Parties should email Chambers at KarasNYSDChambers@nysd.uscourts.gov.
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ECF filing questions should be directed to Clerk's Office or ECF Hotline, not Chambers.
Questions regarding ECF filings should go to the Clerk's Office, (914) 390-4000, or to the ECF Hotline, (212) 805-0800. The Court does not handle the
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Faxes to Chambers are prohibited.
Faxes to Chambers are not permitted.
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Letter-motions must be filed via ECF and comply with S.D.N.Y. Local Rules.
Letter-motions should 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.' In particular, all requests for adjournments, extensions, and pre-motion conferences (including pre-motion conferences with respect to discovery disputes) should be filed as letter-motions.
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Criminal conferences held in person unless otherwise ordered
Unless otherwise ordered by the Court, all conferences and proceedings will occur in person.
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Faxes to Chambers are not permitted.
Faxes to Chambers are not permitted.
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Telephone calls to Chambers are not permitted.
Telephone calls to Chambers are not permitted.
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Documents must be filed on ECF or emailed to specified address.
All documents must be filed on ECF or, if permitted or required under these Individual Rules and Practices, emailed to KarasNYSDChambers@nysd.uscourts.gov.
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Pro se parties cannot contact judge for legal advice or case status; must use pro se office
Pro se parties may not contact the Court to obtain legal advice, inquire about when a decision on a case will be rendered, or to speak to the Judge. Questions about how to proceed with a case should be directed to the Court's pro se office at (212) 805-0175. The Court does not accept collect calls.
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Page 9 | XI. PRO SE PARTIES
Electronic devices require prior permission via email at least 3 days before appearance
Any Party wishing to bring certain electronic devices (e.g., laptops, tablets, etc.) to Court must obtain prior permission by submitting the Fillable Form for Electronic Devices General Purpose, found on the S.D.N.Y. website, via email to KarasNYSDChambers@nysd.uscourts.gov at least three days before any scheduled appearance.
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Page 9 | X. ELECTRONIC DEVICES OF THE PARTIES
Do not contact Chambers to confirm ECF uploads; email for questions not answered by rules or urgent matters.
Do not contact Chambers to confirm that a particular filing was uploaded; the document should be visible on ECF if it was uploaded correctly. For questions that cannot be answered by reference to these Rules or the S.D.N.Y. Local Rules or for situations requiring the Court’s immediate attention, Parties should email Chambers at KarasNYSDChambers@nysd.uscourts.gov.
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Pro se parties cannot contact court for legal advice or status; must use pro se office.
Pro se parties may not contact the Court to obtain legal advice, inquire about when a decision on a case will be rendered, or to speak to the Judge. Questions about how to proceed with a case should be directed to the Court’s pro se office at (212) 805-0175. The Court does not accept collect calls.
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Electronic devices require prior permission via email at least 3 days before appearance.
Any Party wishing to bring certain electronic devices (e.g., laptops, tablets, etc.) to Court must obtain prior permission by submitting the Fillable Form for Electronic Devices General Purpose, found on the S.D.N.Y. website, via email to KarasNYSDChambers@nysd.uscourts.gov at least three days before any scheduled appearance.
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Scheduling matters should be directed to Ms. Dawn Bordes via email.
For scheduling and calendar matters, contact Ms. Dawn Bordes, Courtroom Deputy Clerk, at KarasNYSDChambers@nysd.uscourts.gov.
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Letters should be filed via ECF unless sealed or containing sensitive/confidential information, which should be mailed.
Communications with the Court should be by letter. Unless there is a request to file a letter under seal or a letter contains sensitive or confidential information, letters should be filed electronically via ECF. Letters to be filed under seal or containing sensitive or confidential information should be delivered to the Court by mail.
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Letter-motions for adjournments, extensions, and pre-motion conferences must be filed via ECF.
Letter-motions should 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.” In particular, all requests for adjournments, extensions, and pre-motion conferences (including pre-motion conferences with respect to discovery disputes) should be filed as letter-motions.
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For scheduling matters, contact Ms. Dawn Bordes at KarasNYSDChambers@nysd.uscourts.gov.
For scheduling and calendar matters, contact Ms. Dawn Bordes, Courtroom Deputy Clerk, at KarasNYSDChambers@nysd.uscourts.gov.
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ECF filing questions should be directed to Clerk's Office or ECF Hotline, not Chambers.
Questions regarding ECF filings should go to the Clerk’s Office, (914) 390-4000, or to the ECF Hotline, (212) 805-0800. The Court does not handle the
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Civil conferences/proceedings held by telephone unless otherwise ordered.
Unless otherwise ordered by the Court, all conferences and proceedings in civil cases, besides trials, will be held by telephone.
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Criminal conferences/proceedings held in person unless otherwise ordered.
Unless otherwise ordered by the Court, all conferences and proceedings will occur in person.
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Defense counsel must arrange phone access for incarcerated pro se plaintiffs.
For conferences involving incarcerated pro se plaintiffs, Defense counsel is responsible for making arrangements with the relevant correctional facility to ensure that the plaintiff will be reachable via telephone at the time of the conference.
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Call (605) 472-5160 with Access Code 4653066 for civil conferences.
The Parties should call into the Court’s dedicated conference line at (605) 472-5160, and enter Access Code 4653066, followed by the pound (#) key.
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