Judge Philip M. Halpern
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- Email Fax Hand Delivery • Simultaneously
Confidential Court Submission
Courtesy copies
- 1 copy • After Answers Replies Filed
- 1 copy • When Reply Is Due
- Not required
Motion
- 1 copy • Mail Or Hand Delivery • Upon Filing
Adjournments
- Adjournment/extension requests must be filed as letter-motions with specific required elements.
- Extension requests made after deadline are ordinarily denied.
Request must include
Communication
Chambers
Phone
Chambers
Letter via ECF
Chambers
Page & Word Limits4 rules
Machine summary. Not checked yet.Mandatory?
The plaintiff shall respond by similar letter, not exceeding 5 double-spaced pages, within 5 business days indicating the extent, if any, to which plaintiff concurs with defendant's objections and the amendments, if any, to be made to the complaint to address them, or the reasons and controlling authority that support the pleadings as filed.
Summary: Plaintiff must respond to defendant's letter within 5 business days with max 5 double-spaced pages.
Letter
5 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
The pre-motion letter shall be a joint letter from all counsel limited to five pages double-spaced outlining the discovery disputes sought to be addressed.
Summary: Discovery pre-motion letter limited to 5 double-spaced pages.
Letter
5 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
The Court encourages and appreciates brevity. Memoranda of law in support of and in opposition to motions shall comply with the formatting and length requirements set forth in Local Civil Rule 7.1. Unless prior permission has been granted, sur-reply memoranda will not be accepted. With respect to objections to Magistrate Judges' rulings, unless prior permission has been granted, memoranda of law (including responses) shall not exceed 15 pages.
Summary: Memoranda of law must comply with Local Civil Rule 7.1 formatting and length requirements; sur-replies not accepted without permission; objections to Magistrate rulings limited to 15 pages without permission.
Objection To Magistrate Ruling
15 pages
Machine summary. Not checked yet.Mandatory?
A pretrial memorandum, no longer than 15 double-spaced pages, emphasizing the burden of proof associated with the claims for relief or defenses to be tried.
Summary: Pretrial memorandum limited to 15 double-spaced pages.
Pretrial Memorandum
15 pages
Applies to: Attorney
Document Format Requirements1 rule
Machine summary. Not checked yet.Important?
All courtesy hard copies of papers submitted in connection with motions must be bound in any manner that is secure, does not obscure the text, and permits the document to lie reasonably flat when open. Copies should be printed one-sided. Rather than submitting large documents that do not lie reasonably flat when open, parties should submit multiple volumes.
Summary: Motion courtesy copies must be securely bound, one-sided, and lie flat when open.
Document Filing Requirements32 rules
The quote is in the court's document. The summary is not checked yet.Mandatory?
If a disclosing party makes a claim of inadvertent disclosure, the receiving party shall, within five business days, return or destroy all copies of the Inadvertently Disclosed Information, and provide a certification of counsel that all such information has been returned or destroyed.
Summary: Within five business days of an inadvertent disclosure claim, the receiving party must return or destroy the information and provide a certification of counsel.
Document Type
Certification Of Return Destruction
The quote is in the court's document. The summary is not checked yet.Mandatory?
In either event, by the 60-day deadline, the recipient must certify its return or destruction by submitting a written certification to the Producing Party that affirms that it has not retained any copies, abstracts, compilations, summaries, or other forms of reproducing or capturing any of the Confidential Discovery Material.
Summary: Within 60 days of final disposition, recipients of confidential material must submit a written certification of return or destruction to the Producing Party.
Document Type
Certification Of Return Destruction
The quote is in the court's document. The summary is not checked yet.Important?
Before disclosing any Confidential Discovery Material to any person referred to in subparagraphs 7(d), 7(f), or 7(g) above, counsel must provide a copy of this Order to such person, who must sign a Non-Disclosure Agreement in the form annexed as an Exhibit hereto stating that he or she has read this Order and agrees to be bound by its terms. Said counsel must retain each signed Non-Disclosure Agreement, hold it in escrow, and produce it to opposing counsel either before such person is permitted to testify (at deposition or trial) or at the conclusion of the case, whichever comes first.
Summary: Before disclosing confidential material to certain persons, counsel must obtain a signed Non-Disclosure Agreement and retain it in escrow for production to opposing counsel.
Document Type
Non Disclosure Agreement
Machine summary. Not checked yet.Mandatory?
The movant must simultaneously provide the other parties any admissible evidence cited in its 56.1 Statement that has not previously been produced during discovery.
Summary: Summary judgment movant must provide admissible evidence cited in Rule 56.1 Statement.
Document Type
Summary Judgment Motion
Machine summary. Not checked yet.Mandatory?
The Rule 56.1 Statement shall be served on all other parties sufficiently in advance of the deadline to move for summary judgment under Fed. R. Civ. P. 56(b).
Summary: Rule 56.1 Statement must be served before summary judgment deadline.
Document Type
Summary Judgment Motion
Machine summary. Not checked yet.Mandatory?
Each citation to evidence required by Local Civil Rule 56.1(d) must identify, when applicable, specific portions of the record, including page, line, and paragraph numbers.
Summary: Citations to evidence must include page, line, and paragraph numbers.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
The motion must be filed in public view, must explain the 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.
Summary: Motion for sealed filing must be public, explain reasons for sealing, and exclude confidential information; supporting papers filed separately and may be sealed/redacted as needed.
Document Type
Motion To Seal
Machine summary. Not checked yet.Mandatory?
Unless otherwise ordered by the Court, within 30 days after the deadline for completion of discovery in a civil case, or, if a dispositive motion has been filed, within 30 days after a decision on the motion, the parties shall submit to the Court for its approval a Joint Pretrial Order, with one courtesy hard copy for Chambers.
Summary: Joint Pretrial Order required within 30 days after discovery deadline or dispositive motion decision
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
Unless otherwise ordered by the Court, each party shall file the following documents (and submit one courtesy hard copy to Chambers) 21 days before the date of commencement of trial if such a date has been fixed, or 30 days after the filing of the Joint Pretrial Order if no date has been fixed:
Summary: Trial documents required 21 days before trial or 30 days after Joint Pretrial Order
Document Type
Trial Preparation Documents
Machine summary. Not checked yet.Mandatory?
The original signed affidavits shall be marked as exhibits at trial.
Summary: Original signed affidavits must be marked as exhibits at trial.
Document Type
Affidavit
Machine summary. Not checked yet.Mandatory?
Three business days after submission of such affidavits, counsel for each party shall submit a list of all affiants whom he or she intends to cross-examine at trial.
Summary: List of affiants to be cross-examined required 3 business days after affidavit submission.
Document Type
Cross Examination List
Machine summary. Not checked yet.Mandatory?
Copies of affidavits constituting the direct testimony of each trial witness, except for the testimony of an adverse party, a person whose attendance is compelled by subpoena, or a person for whom the Court has agreed to hear direct testimony during the trial.
Summary: Affidavits required for direct testimony of trial witnesses, with specific exceptions.
Document Type
Affidavit
Machine summary. Not checked yet.Mandatory?
Opposition to proposed findings of fact and conclusions of law by placing the opposing finding of fact or conclusion of law immediately below the fact or conclusion to which there is objection.
Summary: Opposition to proposed findings must place opposing findings immediately below the original.
Document Type
Opposition To Proposed Findings
Machine summary. Not checked yet.Mandatory?
Only those witnesses (as opposed to parties) who will be cross-examined need appear at trial.
Summary: Only witnesses to be cross-examined must appear at trial.
Document Type
Witness List
Machine summary. Not checked yet.Mandatory?
Counsel perceiving an error that is material shall stipulate to the appropriate correction or, if agreement cannot be reached, shall proceed by motion on notice.
Summary: Material transcript errors must be corrected by stipulation or motion on notice.
Document Type
Transcript Correction
Machine summary. Not checked yet.Mandatory?
All documentary exhibits.
Summary: All documentary exhibits must be submitted.
Document Type
Documentary Exhibit
Machine summary. Not checked yet.Mandatory?
A 1-page synopsis (with page and line references) of those excerpts for each deposition.
Summary: 1-page synopsis with page/line references required for deposition excerpts.
Document Type
Deposition Synopsis
Machine summary. Not checked yet.Mandatory?
Briefs shall be submitted in accordance with Federal Rules of Bankruptcy Procedure 8015 through 8018 unless otherwise ordered by the Court.
Summary: Bankruptcy appeal briefs must comply with FRBP 8015-8018.
Document Type
Bankruptcy Appeal Brief
Machine summary. Not checked yet.Mandatory?
Counsel are responsible for raising promptly any issue concerning the accuracy of transcripts certified by the Court Reporter to be used for purposes of appeal.
Summary: Counsel must promptly raise accuracy issues with certified transcripts for appeal.
Document Type
Transcript
Machine summary. Not checked yet.Mandatory?
d. a memorandum of law (see Rule 4(H)) explaining how service of process was proper under the Federal Rules of Civil Procedure and how the moving party’s proof satisfies the burden of proof associated with the request; and
Summary: File memorandum of law explaining proper service and burden of proof.
Document Type
Memorandum Of Law
Machine summary. Not checked yet.Mandatory?
After obtaining a Clerk’s Certificate of Default (see SDNY Electronic Case Filing Rules & Instructions, Section 16.1), prepare a proposed Order to Show Cause Without Emergency Relief and make the Order returnable before Judge Halpern in Courtroom 520 of the Hon. Charles L. Brieant Jr. Federal Building and Courthouse, 300 Quarropas Street, White Plains, New York 10601.
Summary: Prepare proposed Order to Show Cause Without Emergency Relief after obtaining Clerk’s Certificate of Default.
Document Type
Proposed Order
Machine summary. Not checked yet.Mandatory?
Electronically file the proposed Order to Show Cause Without Emergency Relief using the ECF Filing Event found under PROPOSED ORDERS.
Summary: File proposed Order to Show Cause Without Emergency Relief via ECF PROPOSED ORDERS event.
Document Type
Proposed Order
Machine summary. Not checked yet.Mandatory?
After Judge Halpern signs and dockets the Order to Show Cause, serve a copy of the Order and attachments on defendant(s) as directed. At least 3 business days before the hearing date, electronically file proof of service of the signed Order to Show Cause.
Summary: Serve Order to Show Cause and attachments on defendant(s) after signing; file proof of service at least 3 business days before hearing.
Document Type
Proof Of Service
Machine summary. Not checked yet.Mandatory?
e. a proposed default judgment, using the ECF Filing Event found under PROPOSED ORDERS.
Summary: File proposed default judgment via ECF PROPOSED ORDERS event.
Document Type
Proposed Default Judgment
Machine summary. Not checked yet.Mandatory?
Electronically file the following documents as separate ECF Filing Events: a. an attorney’s affidavit, attaching true and correct copies of all necessary supporting exhibits, setting forth clearly: 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 the resolution of the entire action (see Fed. R. Civ. P. Rule 54(b)); iii. when applicable, legal authority for why an inquest is unnecessary; and iv. when applicable, the basis for an award of attorney’s fees and costs.
Summary: File attorney’s affidavit with specific content requirements for default judgment.
Document Type
Attorney Affidavit
Machine summary. Not checked yet.Mandatory?
c. when applicable, a Statement of Damages in accordance with Local Civil Rule 55.2(c);
Summary: File Statement of Damages per Local Civil Rule 55.2(c) when applicable.
Document Type
Statement Of Damages
Machine summary. Not checked yet.Mandatory?
b. an affidavit from a party with personal knowledge of damages and the basis for each element of damages, including interest, attorney’s fees, and costs (unless requesting an inquest), attaching exhibits as necessary to support the basis therefor;
Summary: File affidavit from party with personal knowledge of damages.
Document Type
Damages Affidavit
Machine summary. Not checked yet.Mandatory?
The attorney who will serve as principal trial counsel shall appear at all conferences. Barring extraordinary circumstances, parties will not be permitted to appear at conferences telephonically.
Summary: Principal trial counsel must appear at all conferences; telephonic appearances not permitted except for extraordinary circumstances.
Document Type
Conference
Machine summary. Not checked yet.Note?
In pro se cases, it is the responsibility of the counseled party to advise the pro se party of this obligation.
Summary: Counseled party must advise pro se party of Joint Pretrial Order obligation
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Note?
Should the parties request, the Court will consider so-ordering the parties' stipulations of settlement, including the retention of continuing jurisdiction for the enforcement of same.
Summary: Court will consider ordering stipulations of settlement with continuing jurisdiction.
Document Type
Stipulation Of Settlement
Machine summary. Not checked yet.Note?
Non-material defects (e.g., syntax, spelling or punctuation) should be ignored.
Summary: Non-material defects in transcripts should be ignored.
Document Type
Transcript
Machine summary. Not checked yet.Note?
The Court will generally schedule a Fed. R. Civ. P. 16(c) conference within 2 months after service on defendants has been effectuated or a notice of removal has been filed, and all defendants have filed a response to the pleading.
Summary: Initial Rule 16(c) conference scheduled within 2 months after defendants respond.
Document Type
Initial Conference
Filing & Service rules
Courtesy Copy Requirements
Parties must serve the Court and opposing counsel with unredacted courtesy copies of Confidential Court Submissions.
the Parties shall serve this Court and opposing counsel with unredacted courtesy copies of the Confidential Court Submission.
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Page 6 | 11
Courtesy copies of marked pleadings required after answers/replies are filed.
As soon as practicable, and after answers and/or replies are filed, each party shall provide a courtesy copy of that party’s marked pleading to the Court. Partial admissions or denials shall be underscored and denoted as such.
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Page 3 | B. Courtesy Copies of Pleadings
Courtesy copies of all motion papers required, mailed to Chambers or hand-delivered to Clerk’s Office.
As soon as practicable, the parties shall provide courtesy copies to chambers of all motion papers, including all declarations and affidavits with exhibits. One copy of such papers, with the exhibits tabbed and indexed, shall be mailed to Chambers at the time of filing. In lieu of mailing, if hand-delivered, courtesy copies should be delivered to the Clerk’s Office on the first floor of the courthouse, not to Chambers.
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Page 4 | A. Courtesy Copies
One courtesy hard copy to Chambers required within one week of filing opposition documents.
Unless otherwise ordered by the Court, any party may file (and submit one courtesy hard copy to Chambers) the following documents within one week of the filing of any document described in Rule 6(B) above:
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Page 13 | C. Filings in Opposition
Two courtesy copies to Chambers required for pretrial submissions 21-30 days before trial.
Unless otherwise ordered by the Court, each party shall submit to the Court (including 2 courtesy copies to Chambers) and serve, but not file, the following materials 21 days before the date of commencement of trial if such a date has been fixed, or 30 days after the filing of the Joint Pretrial Order if no date has been fixed:
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Page 13 | D. Additional Submissions in Non-Jury Cases
One courtesy copy of bankruptcy appeal briefs and record required when reply is due.
One courtesy copy of the briefs and the bankruptcy record on appeal, marked as such, shall be submitted to chambers by the appellant at the time the reply is due.
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Page 14 | 9. Bankruptcy Appeals
Copies of all communications with chambers must be sent to all counsel.
Copies of any communication with Chambers shall be simultaneously faxed, e-mailed, or hand-delivered to all counsel.
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No courtesy copies required for documents filed via ECF, except for marked pleadings, motions, pre-trial submissions, and bankruptcy appeals.
Except as expressly indicated herein concerning marked pleadings, motions, pre-trial submissions, and bankruptcy appeals, do not provide courtesy copies of documents filed via ECF.
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Sealing & Redaction Procedures
Parties filing documents under seal must simultaneously file a letter brief and supporting declaration justifying continued sealing on a particularized basis.
In accordance with Rule 5 of this Court’s Individual Practices, any party filing documents under seal must simultaneously file with the Court a letter brief and supporting declaration justifying – on a particularized basis – the continued sealing of such documents.
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Page 5 | 9
Parties must publicly file a redacted copy of Confidential Court Submissions via ECF and file the unredacted copy under seal with the Clerk.
In filing Confidential Discovery Material with this Court, or filing portions of any pleadings, motions, or other papers that disclose such Confidential Discovery Material (“Confidential Court Submission”), the Parties shall publicly file a redacted copy of the Confidential Court Submission via the Electronic Case Filing System. The Parties shall file an unredacted copy of the Confidential Court Submission under seal with the Clerk of this Court, and the Parties shall serve this Court and opposing counsel with unredacted courtesy copies of the Confidential Court Submission.
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Page 6 | 11
Motions to compel production of inadvertently disclosed information must be filed under seal and may not rely on the fact of inadvertent production as a ground.
The receiving party may move the Court for an Order compelling production of the Inadvertently Disclosed Information. The motion shall be filed under seal, and shall not assert as a ground for entering such an Order the fact or circumstances of the inadvertent production.
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Page 8 | STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER
Confidential portions of discovery material (other than deposition transcripts and exhibits) are designated by stamping them "Confidential" and producing a redacted copy for public use.
With respect to the Confidential portion of any Discovery Material other than deposition transcripts and exhibits, the Producing Party or its counsel may designate such portion as "Confidential" by: (a) stamping or otherwise clearly marking as "Confidential" the protected portion in a manner that will not interfere with legibility or audibility; and (b) producing for future public use another copy of said Discovery Material with the confidential information redacted.
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A producing party may designate as Confidential only material that is non-disclosed financial, ownership/control, business-plan, or personal information, or another category the Court designates.
The Party or person producing or disclosing Discovery Material ("Producing Party") may designate as Confidential only the portion of such material that it reasonably and in good faith believes consists of: (a) previously non-disclosed financial information (including without limitation profitability reports or estimates, percentage fees, design fees, royalty rates, minimum guarantee payments, sales reports, and sale margins); (b) previously non-disclosed material relating to ownership or control of any non-public company; (c) previously non-disclosed business plans, product-development information, or marketing plans; (d) any information of a personal or intimate nature regarding any individual; or (e) any other category of information this Court subsequently affords confidential status.
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Page 2 | 2
Deposition exhibits or transcript portions may be designated Confidential either on the record during the deposition or by written notice within 30 days after the deposition concludes; during that 30-day period the entire transcript is treated as Confidential.
A Producing Party or its counsel may designate deposition exhibits or portions of deposition transcripts as Confidential Discovery Material either by: (a) indicating on the record during the deposition that a question calls for Confidential information, in which case the reporter will bind the transcript of the designated testimony in a separate volume and mark it as “Confidential Information Governed by Protective Order;” or (b) notifying the reporter and all counsel of record, in writing, within 30 days after a deposition has concluded, of the specific pages and lines of the transcript that are to be designated “Confidential,” in which case all counsel receiving the transcript will be responsible for marking the copies of the designated transcript in their possession or under their control as directed by the Producing Party or that person’s counsel. During the 30-day period following a deposition, all Parties will treat the entire deposition transcript as if it had been designated Confidential.
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Confidential Discovery Material may be disclosed only to enumerated persons (parties, insurers, retained counsel, vendors, mediators/arbitrators, document authors/addressees, witnesses, experts, and stenographers), with mediators/arbitrators, witnesses, and experts required to first execute a Non-Disclosure Agreement.
Where a Producing Party has designated Discovery Material as Confidential, other persons subject to this Order may disclose such information only to the following persons: (a) the Parties to this action, their insurers, and counsel to their insurers; (b) counsel retained specifically for this action, including any paralegal, clerical, or other assistant that such outside counsel employs and assigns to this matter; (c) outside vendors or service providers (such as copy-service providers and document-management consultants) that counsel hire and assign to this matter; (d) any mediator or arbitrator that the Parties engage in this matter or that this Court appoints, provided such person has first executed a Non-Disclosure Agreement in the form annexed as an Exhibit hereto; (e) as to any document, its author, its addressee, and any other person indicated on the face of the document as having received a copy; (f) any witness who counsel for a Party in good faith believes may be called to testify at trial or deposition in this action, provided such person has first executed a Non-Disclosure Agreement in the form annexed as an Exhibit hereto; (g) any person a Party retains to serve as an expert witness or otherwise provide specialized advice to counsel in connection with this action, provided such person has first executed a Non-Disclosure Agreement in the form annexed as an Exhibit hereto; (h) stenographers engaged to transcribe depositions the Parties conduct in this action; and
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Page 3 | 7
A Producing Party may retroactively designate previously-produced Discovery Material as Confidential by notifying all prior recipients in writing, after which the material is treated as Confidential.
If at any time before the trial of this action a Producing Party realizes that it should have designated as Confidential some portion(s) of Discovery Material that it previously produced without limitation, the Producing Party may so designate such material by so apprising all prior recipients in writing. Thereafter, this Court and all persons subject to this Order will treat such designated portion(s) of the Discovery Material as Confidential.
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Page 3 | 5
The Court retains discretion on confidential treatment and is unlikely to seal material introduced in evidence at trial even if previously sealed.
The Court also retains discretion whether to afford confidential treatment to any Discovery Material designated as Confidential and submitted to the Court in connection with any motion, application, or proceeding that may result in an order and/or decision by the Court. All persons are hereby placed on notice that the Court is unlikely to seal or otherwise afford confidential treatment to any Discovery Material introduced in evidence at trial, even if such material has previously been sealed or designated as Confidential.
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Page 5 | 10
Certain sensitive information (SSN, minor children names, DOBs, financial account numbers) must be redacted without court approval per FRCP 5.2.
Sealing/Redactions Not Requiring Court Approval. Fed. R. Civ. P. 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court. Such sensitive information includes: Social Security numbers; names of minor children; dates of birth; and financial account numbers.
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Page 10 | A. Sealing/Redactions Not Requiring Court Approval
Motions for approval of sealed/redacted filings must be filed electronically through ECF system per standing order 19-mc-00583 and ECF Rules sections 6 and 21.
Sealing/Redaction Requiring Court Approval. Motions or letter-motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court's ECF system in conformity with the court's standing order, 19-mc-00583, and ECF Rules & Instructions, sections 6 and 21.
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Page 10 | B. Sealing/Redaction Requiring Court Approval
Proposed sealed document must be contemporaneously filed under seal in ECF and electronically related to motion; summary docket text public but must exclude confidential information.
The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion. The summary docket text, but not the sealed document, will be open to public inspection and should not include confidential information sought to be filed under seal.
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Page 10 | B. Sealing/Redaction Requiring Court Approval
Motion required for leave to file sealed documents on paper instead of ECF
Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper. In that case, paper copies shall be served contemporaneously upon all other parties.
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Page 11 | Sealing Procedure
Redacted documents must be publicly filed with proposed redactions and unredacted version filed under seal with highlights
publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.
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Page 11 | Sealing Procedure
Meet and confer required before seeking leave to file sealed/redacted materials
The party seeking leave to file sealed or redacted materials should meet and confer with any opposing parties (or third parties seeking confidential treatment of the information, if any) in advance to narrow the scope of the request.
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Page 11 | Sealing Procedure
Pre-Motion Conference Requirements
Pre-motion conference required for most motions except specified exceptions.
A pre-motion conference is required prior to the filing of any motion, except in pro se cases, post-judgment motions, motions for reargument or reconsideration, motions for admission pro hac vice, motions for attorneys’ fees, motions for remand, motions to appoint lead plaintiff and lead defense counsel in class actions, objections to Magistrate Judges’ rulings, motions for sanctions, motions to withdraw as counsel, in forma pauperis motions, petitions to confirm or compel arbitration, or where a delay in filing might result in the loss of a right.
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Page 3 | C. Pre-Motion Conference
Pre-motion letter (max 5 pages) required; opposition letter (max 5 pages) due within 5 business days; no reply letters without permission.
to request a pre-motion conference, the movant shall file a letter to the Court, not exceeding 5 pages double-spaced, absent prior permission from the Court, setting forth the basis for the anticipated motion. Opposition letters, not exceeding 5 double-spaced pages, absent prior permission from the Court, shall be submitted within 5 business days after receipt of the movant’s letter. No reply letters will be permitted absent prior permission from the Court.
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Page 3 | C. Pre-Motion Conference
Filing pre-motion letter under Rule 12(b) stays time to answer or move to dismiss.
Transmittal of a pre-motion letter for a proposed motion pursuant to Fed. R. Civ. P. 12(b) stays the time to answer or move to dismiss until further order of the Court.
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Page 5 | Pleadings
One week before preliminary injunction hearing, submit claim elements with evidentiary support.
ii. The elements of the claim(s) the moving party has asserted with reference to evidentiary support for each party’s position;
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Page 8 | Hearings on Motions for Preliminary Injunction
One week before preliminary injunction hearing, submit witness list with descriptions and time estimates.
iii. A list of the witnesses each party expects to call, including a very brief description of the witness’s role and/or the subject matter of his or her anticipated testimony, the amount of court time needed for each witness, and a statement as to whether any other party objects to the witness;
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Page 8 | Hearings on Motions for Preliminary Injunction
Conference with adversary required before emergency relief/TRO unless Rule 65(b) applies.
The moving party shall confer with its adversary before making an application including emergency relief and/or for a temporary restraining order, unless the requirements of Fed. R. Civ. P. 65(b) are met.
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Page 8 | Temporary Restraining Orders
One week before preliminary injunction hearing, submit counsel contact information.
In the event the Court schedules a hearing on a party’s motion for a preliminary injunction, at least one week prior to the hearing, the parties shall each submit a statement identifying: i. The names, addresses (including firm names), email addresses, and office and mobile telephone and fax numbers of counsel that will be appearing;
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Page 8 | Hearings on Motions for Preliminary Injunction
One week before preliminary injunction hearing, submit exhibit list with objections and pre-marking designations.
iv. A list by each party of exhibits to be offered, with a notation indicating exhibits to which there is an objection and the basis therefor. The failure to include a notation and basis may be deemed a waiver of any objection. Exhibits should be pre-marked: Plaintiff’s exhibits shall be designated by number and Defendant’s by letter.
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Page 8 | Hearings on Motions for Preliminary Injunction
Request Order to Show Cause conference via letter-motion under Rule 2(C).
A party seeking the issuance of an Order to Show Cause, with or without a request for emergency relief, shall request such a conference by letter-motion in accordance with Rule 2(C).
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Page 8 | Temporary Restraining Orders
Order to Show Cause requires conference with parties before signing.
The Court generally will not sign an Order to Show Cause, with or without a request for emergency relief, prior to a conference with the parties.
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Page 8 | Temporary Restraining Orders
File letter-motion via ECF when seeking TRO, stating notice/consent status or Rule 65(b) applicability.
As soon as a party decides to seek a temporary restraining order, he or she shall, in addition to filing the proposed temporary restraining order in accordance with the Electronic Filing Rules then in effect, file a letter-motion via ECF stating whether: (1) he or she has notified the adversary and if the adversary consents to temporary injunctive relief or (2) the requirements of Rule 65(b) are satisfied and no notice is necessary.
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Page 8 | Temporary Restraining Orders
If adversary notified but doesn't consent to emergency relief, provide alternative dates for Court conference.
If a party’s adversary has been notified of the requested emergency relief or temporary injunctive relief but does not consent, the party seeking such relief shall indicate same in their letter and provide alternative dates and times for the Court to determine a time mutually agreeable to the Court, the party, and its adversary, so that the Court may have the benefit of advocacy from both sides in deciding whether to issue the requested Order to Show Cause and/or grant emergency or temporary injunctive relief.
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Page 8 | Temporary Restraining Orders
Motions to exclude expert testimony must be made as motions in limine for trial unless good cause shows they're needed to resolve summary judgment or other dispositive motions.
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, shall be made as motions in limine for trial (see Rule 6(B)(iii)), unless for good cause shown, resolution of the motion is required to determine a summary judgment or other dispositive motion.
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Page 10 | N. Motions to Exclude Testimony of Experts
Single motion in limine allowed, must comply with Individual Practices Rule 4.
A single motion addressing appropriate evidentiary or other in limine issues may be filed and shall comply with applicable provisions of Individual Practices Rule 4.
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Page 13 | iii. In all cases, where necessary, motions addressing any evidentiary or other issues that should be resolved in limine
Letters requesting relief must be filed as letter-motions via ECF.
Letters requesting relief, such as requests for adjournments, extensions of time, and conferences (including pre-motion conferences) are considered letter-motions. A letter-motion must be filed via ECF and identified as a LETTER-MOTION using the ECF Filing Event MOTION, in compliance with the SDNY Local Rules and the SDNY Electronic Case Filing Rules & Instructions.
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Pre-motion conference required before filing motion for summary judgment.
All motions and applications shall be governed by the Court’s Individual Practices, including the requirement of a pre-motion conference before a motion for summary judgment is filed.
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Oral argument not ordinarily heard on motions but encouraged for substantive motions; parties may request by letter when filing motion papers.
The Court does not ordinarily hear oral argument on motions; however, oral argument is encouraged on substantive motions, and the parties may request oral argument by letter at the time moving, opposing, or reply papers are filed. The Court will determine whether oral argument will be heard and, if so, will notify counsel of the date and time.
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Page 9 | L. Oral Argument on Motions
Adjournment & Extension Requirements
Adjournment/extension requests must be filed as letter-motions with specific required elements.
All requests for adjournments or extensions of time shall be made in writing and filed on ECF as letter-motions in accordance with Rule 1(B) above. The letter-motion shall state: (1) the original date(s); (2) the reason for the request; (3) the number of previous requests for adjournment or extension; (4) whether these previous requests were granted or denied; and (5) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent. If the requested adjournment or extension affects any other scheduled dates, a proposed schedule shall be included in the letter. If the parties jointly request extensions of discovery deadlines set forth in the operative Civil Case Discovery Plan and Scheduling Order, the parties shall attach to the letter-motion a proposed revised Civil Case Discovery Plan and Scheduling Order.
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Extension requests made after deadline are ordinarily denied.
Requests for extensions will ordinarily be denied if made after the expiration of the original deadline.
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Chambers Communication Rules
Emails/faxes to chambers require prior authorization and must identify authorizing individual.
Emails or faxes to chambers are permitted only with prior authorization. Emailed or faxed submissions shall identify the authorizing individual in chambers. The chambers fax number is (914) 390-4193. In the event a party is directed to or must transmit an e-mail to Chambers, the e-mail address to be used is HalpernNYSDChambers@nysd.uscourts.gov.
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Telephone calls to chambers only for emergencies; emails/faxes require prior authorization; copies to all counsel required.
Except as otherwise set forth herein, telephone calls to chambers are permitted only in emergencies requiring immediate attention. The chambers phone number is (914) 390-4160. Emails or faxes to chambers are permitted only with prior authorization. Emailed or faxed submissions shall identify the authorizing individual in chambers. The chambers fax number is (914) 390-4193. In the event a party is directed to or must transmit an e-mail to Chambers, the e-mail address to be used is HalpernNYSDChambers@nysd.uscourts.gov. Copies of any communication with Chambers shall be simultaneously faxed, e-mailed, or hand-delivered to all counsel.
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Parties must not submit pre-motion letters to the Court.
The parties shall not submit copies of these letters to the Court.
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Page 5 | Pleadings
Junior Lawyer Participation Incentives
Court encourages junior attorneys (under 5 years experience) to participate in courtroom proceedings and oral arguments; multiple attorneys may speak for one party.
To assist in the training of the next generation of attorneys, the Court strongly encourages relatively inexperienced attorneys—in particular, attorneys with less than 5 years' experience—to participate in all courtroom proceedings including the oral argument of motions before the Court. Further, the Court is amenable to having multiple attorneys speak for one party if it creates an appearing should have the degree of authority consistent with the proceeding.
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Page 9 | M. Participation of Junior Attorneys