Court Rules
Magistrate Judge

Judge Robyn F. Tarnofsky

Individual Rules, Standing Orders & Policies

Rules last changed:
Southern District of New York

Limits & Logistics

Courtesy Copies

All filings

  • Not required

Courtesy copies

  • 1 copy • Email
  • Not required

Exhibits

  • 1 copy
  • 1 copy • Email • Upon Filing
  • Not required

Adjournments

7Calendar Daysnotice
  • Adjournment/extension requests (except settlement) require 1 week notice, filed as letter-motions stating original date, prior requests, and adversary position.
  • Adjournment requests within 7 days of scheduling order require cause; after 7 days, no cause needed.
Original DateNumber Of Previous RequestsAdversary PositionReason For Request
  • Counsel must promptly apply for adjournment of settlement conferences, provide reasons unless 7 days post-scheduling order, consult other counsel, and provide three proposed dates via email to chambers.
  • Oral argument may be requested by letter when motion is fully briefed
  • Individual practices do not supersede statutory or FRCP filing deadlines
  • +1 more

Request must include

Reason For RequestProposed New DatesOriginal DateNumber Of Previous RequestsAdversary Position
1Weeknotice
  • Requests for extensions of time or adjournments must be made at least one week before the deadline or scheduled appearance, absent good cause.

Communication

Email

Chambers

tarnofskynysdchambers@nysd.uscourts.gov
DocketingSchedulingEmergencies
No status inquiries
Email

Intake Unit

prose@nysd.uscourts.gov
No status inquiries
Email

Intake Unit

fedprosdny@nycbar.org
Phone

Clerk

(212) 805-0800
Technical IssuesScheduling
Phone

Intake Unit

(212) 805-0175
Status Inquiries
Phone

Intake Unit

212-382-4794
Phone

Chambers

Emergencies
No status inquiries
Letter via ECF

Chambers

SealingExtensionsAdjournmentsDiscovery ConferencesPre Motion ConferencesSettlement Conferences
No status inquiries
Letter via ECF

Court

No status inquiries
Letter via ECF

Other Party

No status inquiries
Cases:
Filters:AllMandatoryImportantFormattingDiscoveryLettersConferencesECF FilingSettlementExhibitsProposed Orders

Page & Word Limits1 rule

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Depositions shall be completed by and limited to no more than depositions per party. Absent an agreement between the parties or an order from the Court, non-party depositions shall follow initial party depositions.

Summary: Depositions limited to specified number per party, must be completed by deadline

Structured details unavailable. See the source text.

Document Format Requirements6 rules

Formatting

Machine summary. Not checked yet.Mandatory?

If emailing, the pro se party must include the docket number of the case in the re: line, and any attachment must be in PDF format.

Summary: Attachments to pro se email submissions to the Court must be in PDF format.

Required Format

PDF

Formatting

Machine summary. Not checked yet.Mandatory?

All moving papers, letter-motions, and letters filed on ECF or emailed to chambers must be in searchable PDF form.

Summary: Moving papers, letter-motions, and letters filed on ECF or emailed to chambers must be searchable PDF.

Required Format

PDF

FormattingCivil cases

Machine summary. Not checked yet.Mandatory?

All moving papers, letter-motions, and letters filed on ECF or emailed to chambers must be in searchable PDF form.

Summary: Moving papers, letter-motions, and letters must be in searchable PDF format.

Required Format

PDF

FormattingCivil cases

We could not find this wording in the court's document. Open the source before relying on it.Important?

The Court also are advised that to the extent there is a dispute about privilege, the Court expects that privilege log to be submited in excel format with hyperlinks to any in camera documents for review and columns addressing author, recipients, atorney designations, privilege asserted, subject mater of communicaion, explanaion for privilege.

Machine summary and details

Summary: When privilege is disputed, the privilege log is expected to be submitted in Excel format with hyperlinks to in-camera documents and specified information columns.

Required Format

Other

Formatting

Machine summary. Not checked yet.Important?

The parties should use the template form Proposed Case Management Plan and Report on Rule 26(f) Meeting, which is available at https://nysd.uscourts.gov/hon-robyn-f-tarnofsky.

Summary: Parties should use the template form for the Proposed Case Management Plan and Report on Rule 26(f) Meeting.

FormattingCivil cases

Machine summary. Not checked yet.Note?

Additionally, to the extent citing unreported cases, parties are requested to use Westlaw citations whenever possible.

Summary: Westlaw citations preferred for unreported cases.

Document Filing Requirements36 rules

Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

One week before the scheduled completion of all discovery, the parties shall file a status letter to confirm that discovery has been completed as scheduled.

Summary: Parties must file status letter one week before discovery completion.

Document Type

Status Letter

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Initial requests for production were/will be exchanged on and responses shall be due on . All subsequent requests for production must be served no later than 30 days prior to the discovery deadline.

Summary: Initial production requests exchanged by deadline, responses due by deadline, subsequent within 30 days of discovery deadline

Document Type

Request For Production

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Requests for admission must be served on or before .

Summary: Requests for admission must be served by specified deadline

Document Type

Request For Admission

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Initial sets of interrogatories shall be served on or before . All subsequent interrogatories must be served no later than 30 days prior to the discovery deadline.

Summary: Initial interrogatories must be served by deadline, subsequent within 30 days of discovery deadline

Document Type

Interrogatory

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Any nonincarcerated pro se party who wishes to participate in ECF must file a Motion for Permission for Electronic Case Filing, available in the Pro Se Intake unit or at https://nysd.uscourts.gov/node/844.

Summary: Nonincarcerated pro se parties must file a Motion for Permission for Electronic Case Filing to participate in ECF.

Document Type

Motion

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

If any other party is not a user of the ECF system (for example, if there is another pro se party in the case), the pro se party making the submission must send copies to the other party and include proof of service affirming that he or she has done so.

Summary: Pro se parties must include proof of service when sending submissions to non-ECF user parties.

Document Type

Submission

Content & Formatting
Certificate Of Service
Filing Requirements

Machine summary. Not checked yet.Mandatory?

If emailing, the pro se party must include the docket number of the case in the re: line, and any attachment must be in PDF format.

Summary: Pro se parties emailing the Court must include the case docket number in the email re: line.

Document Type

Email Submission

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

One week before the scheduled conference, the parties shall file on ECF Proposed Case Management Plan and Report on Rule 26(f) Meeting.

Summary: Parties must file Proposed Case Management Plan and Report on Rule 26(f) Meeting on ECF one week before the Initial Case Management Conference.

Document Type

Proposed Case Management Plan

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

If the parties are unable to reach a resolution, counsel for the moving party shall include the following statement in the notice of motion: “This motion is made following the conference of counsel, which took place on [date]. Plaintiff [or Counter Claimant] declined an opportunity to amend.”

Summary: Notice of motion for Rule 12(b)/(c) motions must include statement of counsel conference date and plaintiff's declination to amend if no resolution.

Document Type

Notice Of Motion

Specific requirements detailed in rule text.
RFT Tarnofsky Civil Individual Rules 2 · May 2026 · p. 5
|SecIII. Formal Motions. A) Conferences of Counsel Before Filing Motions Under Rule 12(b) or (c)
Filing Requirements

Machine summary. Not checked yet.Mandatory?

In cases where confidential information will be exchanged, the parties must utilize the Court’s Confidentiality Stipulation and Proposed Protective Order found at https://nysd.uscourts.gov/hon-robyn-f-tarnofsky; provided, however, the parties may apply for a protective order that differs from the Court’s model by submitting a letter request via ECF and attaching the proposed order showing in a blackline comparison how the proposed order differs from the Court’s model. The letter should explain why the modifications are needed and note any disagreements between the parties regarding the modifications from the Court’s model.

Summary: Parties exchanging confidential info must use court's model protective order unless submitting ECF letter with blackline comparison and modification details.

Document Type

Letter

Specific requirements detailed in rule text.
RFT Tarnofsky Civil Individual Rules 2 · May 2026 · p. 5
|SecII. Pre-Trial Practice. D) Confidentiality Stipulations and Orders
Filing Requirements

Machine summary. Not checked yet.Mandatory?

In cases where confidential information will be exchanged, the parties must utilize the Court’s Confidentiality Stipulation and Proposed Protective Order found at https://nysd.uscourts.gov/hon-robyn-f-tarnofsky; provided, however, the parties may apply for a protective order that differs from the Court’s model by submitting a letter request via ECF and attaching the proposed order showing in a blackline comparison how the proposed order differs from the Court’s model.

Summary: Protective orders must be the court's model unless parties submit approved letter request with blackline comparison.

Document Type

Protective Order

Specific requirements detailed in rule text.
RFT Tarnofsky Civil Individual Rules 2 · May 2026 · p. 5
|SecII. Pre-Trial Practice. D) Confidentiality Stipulations and Orders
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Such letter-motion must include a representation that the meet-and-confer process occurred and state when it occurred.

Summary: Letter-motions for discovery disputes must include representation of meet-and-confer process and its date.

Document Type

Letter

Specific requirements detailed in rule text.
RFT Tarnofsky Civil Individual Rules 2 · May 2026 · p. 6
|SecIII. Formal Motions. B) Discovery Disputes
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Local Civil Rule 11.1. Memoranda of 10 pages or more, filed by parties who have lawyers, shall contain a table of contents and a table of authorities.

Summary: Memoranda of 10+ pages filed by represented parties must include table of contents and table of authorities.

Document Type

Memorandum

Content & Formatting
Table Of Authorities
Table Of Contents
Filing Requirements

Machine summary. Not checked yet.Mandatory?

In general, except in pro se cases, a Joint Pretrial Order shall include, as applicable: 1) the full caption of the action; 2) the name, address, telephone number and email of each principal member of the trial team, and an identification of each party’s lead trial counsel; 3) a list of each claim and defense that will be tried and identification of the governing law (including applicable regulations) governing each such claim and defense; 4) if applicable, a list of any claims and defenses asserted in the pleadings that are not to be tried; 5) a list by each party of its trial witnesses that it, in good faith, expects to present, with an indication of whether the witnesses will testify in person or by deposition and the general subject area of the witness’s testimony and anticipated length of time needed for witness; 6) a statement as to how and when the parties will give notice to each other of the order of their trial witnesses and, if the parties cannot agree, the parties statement that they will agree to the Court’s default rule for trials of this length (i.e., that the parties shall advise each other by no later than 48 hours before the start of trial as to the order of their witnesses); 7) a list by each party of exhibits that it, in good faith, expects to offer in its case in chief, together with any specific objections thereto; 8) all stipulations or statements of fact or law on which the parties have agreed; 9) a proposed schedule by which the parties will exchange demonstratives that the parties intend to use at trial, notify each other of any objections thereto, consult with each other regarding those objections and notify the Court of any remaining disputes; 10) proposed voir dire questions; 11) proposed jury instructions; 12) proposed verdict sheet; and important to the efficient conduct of the trial, such as bifurcation or sequencing of issues to be tried, anticipated in limine motions, and technology needed for trial.

Summary: Joint Pretrial Orders (except pro se cases) must include specified sections including caption, trial team info, claims/defenses, witnesses, exhibits, and proposed trial materials.

Document Type

Joint Pretrial Order

Content & Formatting
Caption
Exhibit List
RFT Tarnofsky Civil Individual Rules 2 · May 2026 · p. 9
|SecII. Pre-Trial Practice C) Joint Pretrial Orders
Filing Requirements

Machine summary. Not checked yet.Mandatory?

E) Pro Se Cases. In pro se cases, no Joint Pretrial Order is required. Instead, within 30 days after the completion of discovery each party shall file its own Pretrial Statement. The pro se party’s Pretrial Statement does not need to take any particular form, but it must be concise and contain: (1) a statement of the facts the party hopes to prove at trial; (2) a list of all documents or other physical objects that the party plans to put into evidence at trial; and (3) a list of the names and addresses of all witnesses the party intends to have testify at trial. The Statement must be sworn by the party to be true and accurate based on the facts known by the party. The party must file an original Statement with the Pro Se Intake Unit in a manner specified in Section I(L) above and send a copy to all other parties or their counsel if represented. The original Pretrial Statement must indicate the date a copy was mailed to the other party or parties or their attorney or attorneys.

Summary: Pro se parties must file a Pretrial Statement within 30 days of discovery close, containing facts, exhibits, and witnesses, sworn, filed with Pro Se Intake Unit, with copy to other parties.

Document Type

Pretrial Statement

Content & Formatting
Certificate Of Service
Exhibit List
Statement Of Facts
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Unless otherwise directed by the Court, no later than five days before the Settlement Conference, each party must complete the Court’s Ex Parte Settlement Conference Summary Form found at https://nysd.uscourts.gov/hon-robyn-f-tarnofsky.

Summary: Each party must complete the Court’s Ex Parte Settlement Conference Summary Form no later than five days before the settlement conference.

Document Type

Settlement Conference Summary Form

Specific requirements detailed in rule text.
RFT Tarnofsky Civil Individual Rules 2 · May 2026 · p. 11
|SecE) Ex Parte Settlement Conference Summary Form and Letter
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Each party also must provide the Court with an ex parte letter summarizing the issues in the case, the settlement value of the case and rationale for it, case law authority relevant to settlement discussions, and any other facts that would be helpful to the Court in preparation for the conference, including, if applicable, any discussions about the defendant’s financial condition held under Section V(D) above. Parties may attach exhibits to their letters to the extent they believe the exhibits would aid settlement discussions.

Summary: Each party must submit an ex parte letter to the Court five days before the settlement conference, summarizing case issues, settlement value, relevant case law, and helpful facts, with optional exhibits.

Document Type

Ex Parte Letter

Specific requirements detailed in rule text.
RFT Tarnofsky Civil Individual Rules 2 · May 2026 · p. 11
|SecE) Ex Parte Settlement Conference Summary Form and Letter
Filing Requirements

Machine summary. Not checked yet.Mandatory?

M) Notification of Settlement: If the parties reach a settlement after a settlement conference has taken place, or while a motion is pending, or shortly before a scheduled conference or hearing, they must promptly so advise the Court, by letter, in order to avoid unnecessary expenditure of judicial resources.

Summary: Parties must promptly notify the Court by letter of any settlement reached after a settlement conference, during a pending motion, or before a scheduled conference or hearing.

Document Type

Letter

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Memoranda of 10 pages or more, filed by parties who have lawyers, shall contain a table of contents and a table of authorities.

Summary: Memoranda over 10 pages require table of contents and table of authorities.

Document Type

Memorandum

Content & Formatting
Table Of Authorities
Table Of Contents
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

If a party fails to comply with the attendance requirements, that party may be required to reimburse all the other parties for their time and travel expenses and may face other sanctions.

Summary: Non-compliance with settlement conference attendance may result in reimbursement of expenses and sanctions.

Document Type

Settlement Conference

Specific requirements detailed in rule text.
RFT Tarnofsky Civil Individual Rules 1 · Sep 2024 · p. 11
|SecH) Consequences of Non-Compliance with Attendance Requirement
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

In pro se cases, no Joint Pretrial Order is required. Instead, within 30 days after the completion of discovery each party shall file its own Pretrial Statement. The pro se party’s Pretrial Statement does not need to take any particular form, but it must be concise and contain: (1) a statement of the facts the party hopes to prove at trial; (2) a list of all documents or other physical objects that the party plans to put into evidence at trial; and (3) a list of the names and addresses of all witnesses the party intends to have testify at trial. The Statement must be sworn by the party to be true and accurate based on the facts known by the party.

Summary: Pro se parties must file Pretrial Statement within 30 days of discovery completion.

Document Type

Pretrial Statement

Content & Formatting
Case Number
Judge Name
Certificate Of Service
Exhibit List
Statement Of Facts
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

The parties are reminded of their obligations to make certain disclosures regarding expert testimony pursuant to Federal Rule of Civil Procedure 26(a)(2) and to make disclosures regarding evidence that may be presented at trial pursuant to Federal Rule of Civil Procedure 26(a)(3). Failure to comply with these requirements may result in preclusion or other sanctions.

Summary: Parties must comply with expert testimony and trial evidence disclosure requirements

Document Type

Expert Disclosure

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Unless otherwise directed by the Court, no later than five days before the Settlement Conference, each party must complete the Court’s Ex Parte Settlement Conference Summary Form found at https://nysd.uscourts.gov/hon-robyn-f-tarnofsky. Each party also must provide the

Summary: Settlement Conference Summary Form required 5 days before conference.

Document Type

Settlement Conference Summary Form

Content & Formatting
Case Number
Judge Name
Certificate Of Service
Filing Requirements

Machine summary. Not checked yet.Important?

In some cases, the Court may require a joint pre-conference agenda letter filed a week in advance of a conference unless otherwise specified or permitted by the Court.

Summary: The Court may require a joint pre-conference agenda letter filed one week before a case management conference.

Document Type

Pre Conference Agenda Letter

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

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Counsel are expected to have reviewed Rule 1 and Rule 26(b)(1) and considered their obligations thereunder in discussing and preparing a discovery plan.

Summary: Counsel must review and consider obligations under Rules 1 and 26(b)(1) when preparing discovery plan.

Document Type

Discovery Plan

Content & Formatting
Local Rule Certificate
Filing RequirementsCivil cases

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Competence. Counsel shall be sufficiently knowledgeable in matters relating to their clients’ technological systems to discuss competently issues relating to electronic discovery, or have involved someone competent to address these issues on their behalf.

Summary: Counsel must be competent in electronic discovery or involve someone who is.

Document Type

Discovery Plan

Content & Formatting
Local Rule Certificate
Filing RequirementsCivil cases

Machine summary. Not checked yet.Note?

Status Update Letters. After paper discovery is underway and again after the deadline for completing all discovery, on dates set by the court, the parties shall file status letters to confirm that discovery is proceeding as scheduled/is complete.

Summary: Parties must file status letters after paper discovery begins and after discovery deadline.

Document Type

Status Letter

Content & Formatting
Local Rule Certificate
Filing RequirementsCivil cases

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Document Requests. Counsel shall be fully familiar with their obligations under Rules 34 and 26(g) and consider and discuss ways to ensure compliance and minimize disputes regarding overbreadth and specificity of requests and responses.

Summary: Counsel must be familiar with Rules 34 and 26(g) regarding document requests.

Document Type

Discovery Plan

Content & Formatting
Local Rule Certificate
Filing RequirementsCivil cases

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Additional consideration of proportionality. Counsel shall discuss and consider whether phased or iterative discovery will increase efficiency, reduce costs and lead to a faster resolution of the case when preparing a discovery plan.

Summary: Counsel must discuss phased/iterative discovery for efficiency and cost reduction.

Document Type

Discovery Plan

Content & Formatting
Local Rule Certificate
Filing RequirementsCivil cases

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The parties are to conduct discovery in accordance with the Federal Rules of Civil Procedure and the Local Rules of the Southern District of New York.

Summary: Discovery must comply with FRCP and SDNY Local Rules

Document Type

Discovery Plan

Content & Formatting
Local Rule Certificate
Filing RequirementsCivil cases

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Supplementations under Rule 26(e) must be made within a reasonable period of time after discovery of such information.

Summary: Rule 26(e) supplementations must be made within reasonable time after discovery

Document Type

Supplementation

Specific requirements detailed in rule text.
Filing Requirements

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Any nonincarcerated pro se party who wishes to receive documents in their case by email instead of regular mail may consent to electronic service by filing a Pro Se (Nonprisoner) Consent & Registration Form to Receive Documents Electronically, available from the Pro Se Intake Unit or at https://nysd.uscourts.gov/node/845.

Summary: Nonincarcerated pro se parties must file a Consent Form to receive case documents by email.

Document Type

Consent Form

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

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Requests that may be made by letter-motion include requests for: discovery conferences to address discovery disputes before formal motion practice, adjournments, extensions of time, pre-motion conferences, sealing, and settlement conferences.

Document Type

Letter Motion

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

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Pro se litigants should file proposed stipulations and orders they wish the Court to sign with the Pro Se Intake Unit in accordance with the procedures contained in Section I(L) above.

Summary: Pro se litigants file proposed stipulations with Pro Se Intake Unit

Document Type

Proposed Stipulation Order

Content & Formatting
Caption
Case Number
Judge Name
Filing RequirementsCivil cases

Machine summary. Not checked yet.Note?

In general, except in pro se cases, a Joint Pretrial Order shall include, as applicable:

Summary: Joint Pretrial Orders required except in pro se cases

Document Type

Joint Pretrial Order

Content & Formatting
Caption
Case Number
Judge Name
Filing RequirementsCivil cases

Machine summary. Not checked yet.Note?

Except as otherwise provided above, parties should file proposed stipulations and orders they wish the Court to sign on ECF, in accordance with the ECF Rules and Instructions.

Summary: Proposed stipulations and orders should be filed on ECF

Document Type

Proposed Stipulation Order

Content & Formatting
Caption
Case Number
Judge Name

Filing & Service rules

Filing Timing and Cure Windows

The Court prefers privilege logs to be produced simultaneously with each production tranche or within a week afterward.

(The Court’s preference is that privilege logs be produced simultaneously or within a week of each produc�on tranche):

Checked and corrected to match the court's document on Oct 4, 2026 · Civil cases

Page 8 | Privileged Material

Courtesy Copy Requirements

No paper courtesy copies of ECF-filed documents should be sent to Judge Tarnofsky unless expressly required.

As a general rule, and except as otherwise specified herein, no physical/paper courtesy copies of documents filed on ECF should be sent to Judge Tarnofsky.

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Page 2 | I. Communications with Chambers G) Courtesy Copies

Parties must email pre-marked exhibits to chambers email as a courtesy copy.

The parties shall each send a courtesy copy of all exhibits, pre-marked, to TarnofskyNYSDChambers@nysd.uscourts.gov.

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Page 10 | II. Pre-Trial Practice D) Courtesy Copies

Parties must submit one hard copy of pre-marked exhibits in a tabbed three-ring binder to chambers.

The parties shall also each submit one hard copy of the pre-marked exhibits in a well-organized three-ring binder separated by tab dividers.

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Page 10 | II. Pre-Trial Practice D) Courtesy Copies

Courtesy copies of exhibits are prohibited from being sent to Chambers.

Please do not send courtesy copies of exhibits to Chambers.

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Page 11 | E) Ex Parte Settlement Conference Summary Form and Letter

As a general rule, no physical/paper courtesy copies of documents filed on ECF should be sent to Judge Tarnofsky.

As a general rule, and except as otherwise specified herein, no physical/paper courtesy copies of documents filed on ECF should be sent to Judge Tarnofsky.

Machine summary. Not checked yet. · Civil cases

Page 2 | I. Communications with Chambers

Courtesy copies of pre-marked exhibits required via email and hard copy in three-ring binder.

The parties shall each send a courtesy copy of all exhibits, pre-marked, to TarnofskyNYSDChambers@nysd.uscourts.gov. Exhibits should not be filed electronically on ECF. The parties shall also each submit one hard copy of the pre-marked exhibits in a well-organized three-ring binder separated by tab dividers.

Machine summary. Not checked yet. · Civil cases

Courtesy copies of exhibits to chambers are prohibited.

Please do not send courtesy copies of exhibits to Chambers.

Machine summary. Not checked yet. · Civil cases

Page 11 | F) Attendance

Sealing & Redaction Procedures

Sealing letter-motions in civil cases must be filed via ECF, with public motion, separate supporting papers, and sealed proposed document related to the motion.

Letter-Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court’s ECF system in conformity with the court’s standing order, 19-mc-00583, and ECF Rules & Instructions, section 6. The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal. Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information to be filed under seal. 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 7 | E) Redactions and Filing Under Seal

Redaction requests based on party’s own Confidential designation require letter motion explaining reasons and citing Lugosch and Bernstein.

Any party wishing to file in redacted form any pleading, motion, memorandum, exhibit, or other document, or any portion thereof, based on a party’s designation of information as Confidential, must make a specific request to the Court by letter motion explaining the reasons for seeking to file that submission under seal and addressing the request in light of the Court of Appeals’ opinions in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) and Bernstein v. Bernstein Litowitz Berger & Grossman LLP, 814 F.3d 132 (2d Cir. 2016).

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Page 7 | E) Redactions and Filing Under Seal

Redaction requests based on another party’s Confidential designation require joint submission after conferral.

If a request for redactions is based on another party’s designation of information as Confidential, the parties shall confer and jointly submit the request for redactions.

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Page 7 | E) Redactions and Filing Under Seal

Counsel must discuss in good faith need to seal confidential materials; agreed documents may be filed without redaction.

To avoid the unnecessary filing of documents under seal, counsel for the parties will discuss, in good faith, the need to file Confidential Materials under seal. If the parties agree in writing that a particular document that has been designated Confidential Material shall not be filed under seal, that document can be filed without redaction and such filing will not be a breach of any Stipulation of Confidentiality.

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Page 7 | E) Redactions and Filing Under Seal

Confidential materials may only be redacted or sealed per court direction via application or FRCP 5.2 requirements.

All Confidential Materials filed with the Court may be redacted or filed under seal only as the Court directs upon appropriate application by either party or as required by Federal Rule of Civil Procedure 5.2, which describes sensitive information that must be redacted from public court filings.

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Page 7 | E) Redactions and Filing Under Seal

Approved sealing motions require no further submissions; denied motions require refiling with modified redactions per court direction.

If the Court approves the filing under seal, no further submissions shall be required. If the Court denies, in part, the motion for filing under seal, the party who made the submission shall be required to refile the document with modified redactions as directed by the Court. The Court will file under seal any clean and unredacted pages for which the Court has approved redactions.

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Page 8 | E) Redactions and Filing Under Seal

Pro se litigants unable to e-file sealing documents may mail or hand-deliver to Pro Se Intake Unit with sealed, marked envelope.

A pro se litigant who is unable to comply with the requirement for electronic filing under seal through the ECF system shall mail or hand-deliver to the Pro Se Intake Unit a submission containing (a) the letter-motion requesting sealing and (b) the proposed sealed document, which shall be enclosed in a separate sealed envelope that is clearly marked “Document To Be Filed Under Seal.”

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Page 8 | E) Redactions and Filing Under Seal

Redaction of public-filed documents requires filing redacted version publicly and unredacted sealed version with highlighted redactions, both via ECF and related to the motion.

Where the motion seeks approval to redact information from a document that is to be filed publicly, the party must (a) electronically file a redacted version of the document that includes only the 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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Page 8 | E) Redactions and Filing Under Seal

Confidential materials may be redacted or filed under seal only with Court direction or as required by FRCP 5.2.

All Confidential Materials filed with the Court may be redacted or filed under seal only as the Court directs upon appropriate application by either party or as required by Federal Rule of Civil Procedure 5.2.

Machine summary. Not checked yet. · Civil cases

Page 6 | III. Formal Motions

Parties must discuss in good faith whether confidential materials need to be filed under seal.

To avoid the unnecessary filing of documents under seal, counsel for the parties will discuss, in good faith, the need to file Confidential Materials under seal.

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Page 6 | III. Formal Motions

Proposed sealed document must be filed under seal and related to motion in ECF

The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion.

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Court will file under seal clean unredacted pages for approved redactions

The Court will file under seal any clean and unredacted pages for which the Court has approved redactions.

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For redactions in public filings, file redacted version publicly and unredacted under seal

Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted.

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Motion 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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Sealed/redacted filings require letter-motion filed electronically through ECF system

Letter-Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court’s ECF system in conformity with the court’s standing order, 19-mc-00583, and ECF Rules & Instructions, section 6.

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Pro se litigants unable to file electronically must mail/hand-deliver sealed submissions to Pro Se Intake Unit

A pro se litigant who is unable to comply with the requirement for electronic filing under seal through the ECF system shall mail or hand-deliver to the Pro Se Intake Unit a submission containing (a) the letter-motion requesting sealing and (b) the proposed sealed document, which shall be enclosed in a separate sealed envelope that is clearly marked “Document To Be Filed Under Seal.”

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Supporting papers for seal motion may be filed under seal or redacted as needed

Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information to be filed under seal.

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If seal motion denied in part, refile with modified redactions as directed by Court

If the Court approves the filing under seal, no further submissions shall be required. If the Court denies, in part, the motion for filing under seal, the party who made the submission shall be required to refile the document with modified redactions as directed by the Court.

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Written agreement between parties allows filing confidential materials without redaction.

If the parties agree in writing that a particular document that has been designated Confidential Material shall not be filed under seal, that document can be filed without redaction and such filing will not be a breach of any Stipulation of Confidentiality.

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Page 6 | III. Formal Motions

Filing Bundling Requirements

Pretrial procedures apply only to consent cases before Judge Tarnofsky

The procedures set out below apply only to cases in which the parties have consented pursuant to 28 U.S.C. § 636(c) to have all proceedings, including trial, occur before Judge Tarnofsky.

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Pre-Motion Conference Requirements

Pre-motion conference required for Rule 12(b)/(c) motions except pro se cases, with mandatory statement in notice of motion if no amendment agreement.

Except in cases involving pro se parties, if a motion pursuant to Fed. R. Civ. P. 12(b) or 12(c) is contemplated, the plaintiff or counterclaimant must indicate whether it wishes to amend the subject pleading before motion practice, and the parties must consider in good faith a stipulation permitting such amendment. If the parties are unable to reach a resolution, counsel for the moving party shall include the following statement in the notice of motion: “This motion is made following the conference of counsel, which took place on [date]. Plaintiff [or Counter Claimant] declined an opportunity to amend.”

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Page 5 | III. Formal Motions. A) Conferences of Counsel Before Filing Motions Under Rule 12(b) or (c)

Letter-motion oppositions due 3 business days after moving letter, replies due 1 business day after opposition; alternate schedules require court approval.

Unless the Court has ordered or approved otherwise, any opposition to a letter-motion, shall be filed within three business days of the moving letter, and any reply shall be filed within one business day of the opposition. The parties may agree to a different briefing schedule, but they must request the Court’s approval of their alternate schedule, either in the moving letter or as soon as agreement is reached. The Court must approve the alternate schedule. Otherwise, the parties must adhere to the schedule as enumerated in these Individual Rules. If the letter-motion requests emergency or expedited relief, opposing counsel is advised to file any opposition as promptly as possible.

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Page 6 | III. Formal Motions. C) Letter-Motions

Formal motion briefing due per Local Civil Rule 6.1 unless court approves party-agreed alternate schedule.

Unless the Court has ordered or approved otherwise, opposition and reply papers with respect to formal motions will be due in accordance with Local Civil Rule 6.1. The parties are strongly encouraged to agree on a reasonable briefing schedule before the moving papers are filed. If the parties have agreed to such a schedule, they must request the Court’s approval of their schedule, either in the moving party’s notice of motion or by letter-motion as soon as agreement is reached. Should the parties thereafter agree to modify their briefing schedule, they must promptly request that the Court approve the new schedule by letter-motion. The Court must approve the alternate or new briefing schedule; otherwise, the parties must adhere to the schedule as set out in Local Civil Rule 6.1.

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Page 6 | III. Formal Motions. D) Memoranda of Law. 1) Briefing Schedule

Discovery disputes require good faith in-person/phone meet-and-confer, then ECF letter-motion with required content; responses due 3 business days.

Parties or non-parties seeking to raise a discovery dispute with the Court shall follow Local Rule 37.2 with the following modifications. The party or non-party must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. An exchange of emails or letters is not sufficient to meet this obligation. If this meet-and-confer process does not resolve the dispute, the party may submit an ECF letter-motion to the Court or, if applicable, to the Pro Se Intake Unit explaining the nature of the dispute and requesting a conference. Such letter-motion must include a representation that the meet-and-confer process occurred and state when it occurred. Any responsive letter should be submitted within 3 business days after submission of the letter-motion. The parties’ filings should address Rules 1 and 26(b)(1) of the Federal Rules of Civil Procedure to the extent applicable. The Court will try to resolve the issue during a conference without the need for formal briefing. However, if formal briefing is required, the Court will set a schedule for such briefing at the conference.

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Page 6 | III. Formal Motions. B) Discovery Disputes

Sur-reply memoranda require prior court permission to be accepted.

Sur-reply memoranda will not be accepted without prior permission of the Court.

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Page 7 | Local Civil Rule 11.1

Alternate/new briefing schedules require Court approval or default to Local Civil Rule 6.1.

The Court must approve the alternate or new briefing schedule; otherwise, the parties must adhere to the schedule as set out in Local Civil Rule 6.1.

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Page 6 | III. Formal Motions

Pre-motion conference required only for discovery motions under Rules 26-37 or Rule 45.

A pre-motion conference is not required for any motion except motions seeking relief in connection with discovery disputes (that is, any dispute arising under Rules 26 through 37 or Rule 45 of the Federal Rules of Civil Procedure.

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Page 6 | III. Formal Motions

Responsive letters to discovery motions due within 3 business days.

Any responsive letter should be submitted within 3 business days after submission of the letter-motion.

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Page 6 | III. Formal Motions

Opposition to letter-motions due within 3 business days; reply within 1 business day.

Unless the Court has ordered or approved otherwise, any opposition to a letter-motion, shall be filed within three business days of the moving letter, and any reply shall be filed within one business day of the opposition.

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Page 6 | III. Formal Motions

Agreed briefing schedules must be approved by Court in notice of motion or letter-motion.

If the parties have agreed to such a schedule, they must request the Court’s approval of their schedule, either in the moving party’s notice of motion or by letter-motion as soon as agreement is reached.

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Page 6 | III. Formal Motions

Good faith meet-and-confer required in person or by phone before discovery motions.

The party or non-party must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. An exchange of emails or letters is not sufficient to meet this obligation.

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Page 6 | III. Formal Motions

Modifications to agreed briefing schedules require Court approval by letter-motion.

Should the parties thereafter agree to modify their briefing schedule, they must promptly request that the Court approve the new schedule by letter-motion.

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Page 6 | III. Formal Motions

Sur-replies require prior Court permission.

Sur-reply memoranda will not be accepted without prior permission of the Court.

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Page 6 | III. Formal Motions

Opposition and reply papers for formal motions follow Local Civil Rule 6.1.

Unless the Court has ordered or approved otherwise, opposition and reply papers with respect to formal motions will be due in accordance with Local Civil Rule 6.1.

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Page 6 | III. Formal Motions

Parties may agree to alternate briefing schedule but must get Court approval.

The parties may agree to a different briefing schedule, but they must request the Court’s approval of their alternate schedule, either in the moving letter or as soon as agreement is reached.

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Page 6 | III. Formal Motions

Rule 26(f) conference must occur at least one week before Initial Case Management Conference.

In accordance with Federal Rule of Civil Procedure 26(f) and Judge Tarnofsky’s Individual Rules, the parties met on _ (at least one week before the Initial Case Management Conference) and are exchanging communications thereafter.

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Page 2 | Proposed Discovery Plan

Oral argument may be requested via letter after motion is fully briefed, per Section I(A) procedures.

Parties may request oral argument when the motion has been fully briefed. This request should be made by letter in accordance with the procedures set forth in Section I(A) above.

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Page 8 | F) Oral Argument on Motions

Parties encouraged to agree on briefing schedule before filing formal motions.

The parties are strongly encouraged to agree on a reasonable briefing schedule before the moving papers are filed.

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Page 6 | III. Formal Motions

Adjournment & Extension Requirements

Adjournment/extension requests (except settlement) require 1 week notice, filed as letter-motions stating original date, prior requests, and adversary position.

Absent good cause, any request for an extension of time or an adjournment, except those involving adjournments of settlement conferences, shall be made at least one week before the deadline or scheduled appearance. Procedures for requests for adjournments of settlement conferences are set out in Section V(L) below. All other requests for adjournments or extensions of time must be filed on ECF as letter-motions. The letter-motion must state: (1) the original date(s); (2) the number of previous requests for adjournment or extension; and (3) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent.

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Page 2 | I. Communications with Chambers E) Requests for Adjournments or Extensions of Time

Counsel must promptly apply for adjournment of settlement conferences, provide reasons unless 7 days post-scheduling order, consult other counsel, and provide three proposed dates via email to chambers.

L) Adjournments: If counsel becomes aware of the need for an adjournment of the date of a settlement conference, they must promptly make an application for an adjournment. If the application is made 7 days after the settlement scheduling order, no cause need to be provided. Otherwise, counsel must provide the reasons for seeking the adjournment. The parties should always seek an adjournment if they identify discovery or exchange of information that would make the conference more fruitful. To seek a new date, counsel seeking the adjournment must consult with all other counsel about their availability and that of their clients and insurers and should then email TarnofskyNYSDChambers@nysd.uscourts.gov with at least three proposed new dates. The conference date will not be deemed changed until the Court has issued an order setting the new date or adjourning the conference sine die.

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Page 12 | L) Adjournments

Submit pre-sentence submissions for misdemeanors at least 2 weeks before scheduled meeting.

Pre-sentence submissions for misdemeanors should be submitted no later than 2 weeks before the scheduled meeting in Courtroom 9B at 500 Pearl Street, New York, NY, 10007.

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Page 2 | III. Misdemeanor Sentencing

Letter-motions for adjournments or extensions must include: original date(s), number of previous requests, and adversary consent status with reasons if denied.

The letter-motion must state: (1) the original date(s); (2) the number of previous requests for adjournment or extension; and (3) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent.

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Page 2 | I. Communications with Chambers

Requests for extensions of time or adjournments must be made at least one week before the deadline or scheduled appearance, absent good cause.

Absent good cause, any request for an extension of time or an adjournment, except those involving adjournments of settlement conferences, shall be made at least one week before the deadline or scheduled appearance.

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Page 2 | I. Communications with Chambers

Adjournment requests within 7 days of scheduling order require cause; after 7 days, no cause needed.

If the application is made 7 days after the settlement scheduling order, no cause need to be provided. Otherwise, counsel must provide the reasons for seeking the adjournment.

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Page 12 | L) Adjournments

Individual practices do not supersede statutory or FRCP filing deadlines

Nothing in these Individual Practices supersedes a specific time period for filing a motion specified by statute or Federal Rule – including but not limited to Fed. R. Civ. P 50, 52, 54, 59, and 60, and Fed. R. App. P. 4 – where failure to comply with the specified time period could result in forfeiture of a substantive right.

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Oral argument may be requested by letter when motion is fully briefed

Parties may request oral argument when the motion has been fully briefed. This request should be made by letter in accordance with the

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Chambers Communication Rules

Civil matter emails to Chambers should be sent to TarnofskyNYSDChambers@nysd.uscourts.gov.

Email for Civil Matters: TarnofskyNYSDChambers@nysd.uscourts.gov

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Page 1 | Chambers

Phone calls to Chambers (212-805-3840) only for urgent matters; ECF issues directed to help desk at (212) 805-0800.

Telephone calls to Chambers are permitted only for urgent matters requiring immediate attention. If you are encountering difficulties using ECF, call the ECF help desk at (212) 805-0800.

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Page 1 | I. Communications with Chambers B) Telephone Calls

All Court communications must be via ECF letter except settlement conference and in camera submissions, which may be emailed to civil Chambers address.

Communications with the Court should be by letter filed on ECF except for settlement conference submissions and in camera submissions which can be sent to the email address for civil matters at TarnofskyNYSDChambers@nysd.uscourts.gov.

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Page 1 | I. Communications with Chambers A) Letters

ECF technical difficulties should be reported to the help desk at (212) 805-0800.

If you are encountering difficulties using ECF, call the ECF help desk at (212) 805-0800.

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Page 1 | I. Communications with Chambers B) Telephone Calls

Emails to Chambers are restricted to urgent matters or those with express advance permission from the Court.

Emails to Chambers are only permitted for urgent matters requiring immediate attention or when otherwise expressly permitted by the Court in advance.

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Page 1 | I. Communications with Chambers C) Emails & Faxes

Letter-motions must be filed on ECF per SDNY Local and ECF Rules, and may request specified pre-motion and administrative actions.

Letter-motions shall be filed on ECF in accordance with the S.D.N.Y. Local Rules and the S.D.N.Y. Electronic Case Filing Rules and Instructions. Requests that may be made by letter-motion include requests for: discovery conferences to address discovery disputes before formal motion practice, adjournments, extensions of time, pre-motion conferences, sealing, and settlement conferences.

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Page 2 | I. Communications with Chambers D) Letter-Motions

Docketing, scheduling, and calendar matters should be emailed to the civil Chambers address.

For docketing, scheduling and calendar matters, email TarnofskyNYSDChambers@nysd.uscourts.gov.

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Page 2 | I. Communications with Chambers I) Docketing, Scheduling and Calendar Matters

Faxed communications to Chambers require prior permission and must be sent to all parties.

No faxed communications shall be permitted without prior permission from Judge Tarnofsky’s Chambers. All faxes must simultaneously be delivered to all parties.

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Page 2 | I. Communications with Chambers C) Emails & Faxes

Pro se parties must communicate with the Court via Pro Se Intake Unit (mail/hand delivery) or email to ProSe@nysd.uscourts.gov.

By Standing Order, all communications from a pro se party to the Court must either be physically delivered to the Pro Se Intake Unit located at 500 Pearl Street, Room 230, New York, NY 10007, either by mail or hand delivery, or emailed to ProSe@nysd.uscourts.gov.

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Page 3 | I.L. Pro Se Parties.i

Pro se parties may not call Chambers without prior permission from the Court.

No other materials may be sent directly to Chambers, and pro se parties may not call Chambers without prior permission from the Court.

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Page 3 | I.L. Pro Se Parties.i

For all telephone proceedings in civil matters, check the docket entry for the phone number and access code.

FOR ALL TELEPHONE PROCEEDINGS IN CIVIL MATTERS, CHECK THE DOCKET ENTRY FOR THE PHONE NUMBER AND ACCESS CODE.

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Page 3 | K) FOR ALL TELEPHONE PROCEEDINGS IN CIVIL MATTERS

Self-represented parties must file documents through the Pro Se Intake Unit via email to ProSe@nysd.uscourts.gov or mail/hand delivery to Room 205.

which must still be made by any self-represented party through the Pro Se Intake Unit by email (ProSe@nysd.uscourts.gov) or by mail or hand delivery (Pro Se Intake Unit, 500 Pearl Street, Room 205, New York, NY 10007).

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Page 4 | I.L. Pro Se Parties (page 4)

Virtual settlement conference attendees must email signed confidentiality agreement to chambers at least one day prior to the conference.

Parties attending a virtual settlement conference must email the confidentiality agreement to TarnofskyNYSDChambers@nysd.uscourts.gov at least one day before the conference is held.

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Page 10 | V. Settlement Conferences A) Confidentiality

Ex Parte Settlement Conference Summary Forms and letters must be emailed to the provided chambers email address.

The Ex Parte Settlement Conference Summary Form and letter should be emailed to TarnofskyNYSDChambers@nysd.uscourts.gov.

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Page 11 | E) Ex Parte Settlement Conference Summary Form and Letter

Adjournment requests for settlement conferences must be emailed to chambers with at least three proposed new dates.

should then email TarnofskyNYSDChambers@nysd.uscourts.gov with at least three proposed new dates.

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Page 12 | L) Adjournments

Email arrest/search warrants to criminal duty email with agent and US Attorney availability times.

Warrants. Arrest and search warrants, including applications for cell site information, triggerfish, and GPS tracking, should be emailed to TarnofskyCriminalDuty@nysd.uscourts.gov specifying the times that the agent and the U.S. Attorney are available to swear out the complaint.

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Page 1 | I. Criminal Applications

Email proposed allocution to criminal duty email at least 24 hours before plea.

Counsel for the defendant should email the proposed allocution to TarnofskyCriminalDuty@nysd.uscourts.gov at least 24 hours in advance of the plea.

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Page 1 | II. Pleas

Email plea materials (indictment, agreement, elements, penalties) at least 24 hours before plea.

At least 24 hours in advance of a plea, the indictment/information, plea agreement, a summary of the elements of the offense(s), and the maximum and mandatory penalties for each crime/count should be emailed to TarnofskyCriminalDuty@nysd.uscourts.gov.

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Page 1 | II. Pleas

Email late-night or weekend warrant requests to criminal duty email.

Late-night or weekend warrants. If you anticipate the need for a late-night or weekend warrant, please send Judge Tarnofsky an email at TarnofskyCriminalDuty@nysd.uscourts.gov.

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Page 1 | I. Criminal Applications

Communications with the Court should be by letter filed on ECF except for settlement conference submissions and in camera submissions which can be sent to the email address for civil matters at TarnofskyNYSDChambers@nysd.uscourts.gov.

Communications with the Court should be by letter filed on ECF except for settlement conference submissions and in camera submissions which can be sent to the email address for civil matters at TarnofskyNYSDChambers@nysd.uscourts.gov.

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Page 2 | I. Communications with Chambers

No faxed communications shall be permitted without prior permission from Judge Tarnofsky's Chambers. All faxes must simultaneously be delivered to all parties.

No faxed communications shall be permitted without prior permission from Judge Tarnofsky's Chambers. All faxes must simultaneously be delivered to all parties.

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Page 2 | I. Communications with Chambers

Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance of 500 Pearl Street and may not be brought directly to Chambers.

Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance of 500 Pearl Street and may not be brought directly to Chambers.

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Page 2 | I. Communications with Chambers

All counsel are required to register promptly as ECF filers and to enter an appearance in the case.

All counsel are required to register promptly as ECF filers and to enter an appearance in the case. The pertinent instructions are available on the Court website, at https://www.nysd.uscourts.gov/electronic-case-filing. Counsel are responsible for updating their contact information on ECF, should it change, and they are responsible for checking the docket sheet regularly, regardless of whether they receive an ECF notification.

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Page 2 | I. Communications with Chambers

Settlement conference submissions may be delivered to Court Security, mailed to Chambers, or emailed to specific address

Settlement conference submissions and in camera submissions may be hand-delivered to Court Security Officers at the Worth street entrance of 500 Pearl Street, mailed to Chambers or emailed to TarnofskyNYSDChambers@nysd.uscourts.gov. No other materials may be sent directly to Chambers, and pro se parties may not call Chambers without prior permission from the Court.

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Page 3 | L

Pro se parties must serve non-ECF parties and provide proof of service

If any other party is not a user of the ECF system (for example, if there is another pro se party in the case), the pro se party making the submission must send copies to the other party and include proof of service affirming that he or she has done so.

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Page 3 | L

Nonincarcerated pro se parties must file motion for ECF permission

Any nonincarcerated pro se party who wishes to participate in ECF must file a Motion for Permission for Electronic Case Filing, available in the Pro Se Intake unit or at https://nysd.uscourts.gov/node/844.

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Page 3 | L

Pro se parties must deliver communications to Pro Se Intake Unit or email with docket number and PDF attachments

Pro Se Parties. By Standing Order, all communications from a pro se party to the Court must either be physically delivered to the Pro Se Intake Unit located at 500 Pearl Street, Room 230, New York, NY 10007, either by mail or hand delivery, or emailed to ProSe@nysd.uscourts.gov. If emailing, the pro se party must include the docket number of the case in the re: line, and any attachment must be in PDF format.

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Page 3 | L

Pro se parties cannot file correspondence and discovery requests/responses with the Court

Copies of correspondence between a pro se party and opposing parties or counsel and discovery requests and responses shall not be provided to the Court (except as exhibits to an otherwise properly filed document).

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Page 3 | L

Pro se parties prohibited from calling Chambers without prior permission

No other materials may be sent directly to Chambers, and pro se parties may not call Chambers without prior permission from the Court.

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Page 3 | L

Settlement demand required 14 days before conference; response required 7 days before.

If the plaintiff has not already made a settlement demand, such a demand shall be communicated to the opposing party no later than 14 days prior to the conference. If it has not already done so, the opposing party shall respond to any demand no later than seven days prior to the conference.

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Virtual settlement conferences require confidentiality agreement emailed 1 day prior.

Parties attending a virtual settlement conference must email the confidentiality agreement to TarnofskyNYSDChambers@nysd.uscourts.gov at least one day before the conference is held.

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Defendant must notify plaintiff of financial hardship claims 14 days before conference; proof required 5 days before.

If a defendant intends to claim that its financial situation is relevant to any settlement offer (either based on the amount offered or a proposal to pay any portion in more than 30 days), the defendant shall inform the plaintiff of this fact no later than 14 days prior to the conference. The parties shall then discuss whether the plaintiff seeks proof of the defendant’s claimed financial hardship and whether the defendant is willing to provide such proof, which must be provided no later than five days before the conference.

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Emails to Chambers are only permitted for urgent matters requiring immediate attention or when otherwise expressly permitted by the Court in advance.

Emails to Chambers are only permitted for urgent matters requiring immediate attention or when otherwise expressly permitted by the Court in advance.

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Page 2 | I. Communications with Chambers

Telephone calls to Chambers are permitted only for urgent matters requiring immediate attention.

Telephone calls to Chambers are permitted only for urgent matters requiring immediate attention. If you are encountering difficulties using ECF, call the ECF help desk at (212) 805-08500.

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Page 2 | I. Communications with Chambers

Settlement conference and in camera submissions may be emailed to TarnofskyNYSDChambers@nysd.uscourts.gov.

Settlement conference submissions and in camera submissions may be hand-delivered to Court Security Officers at the Worth street entrance of 500 Pearl Street, mailed to Chambers or emailed to TarnofskyNYSDChambers@nysd.uscourts.gov.

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Page 3 | I.L. Pro Se Parties.i

Contact the ECF help desk at (212) 805-0800 for ECF-related technical issues.

contact the ECF help desk at (212) 805-0800

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Page 3 | PAGE 3 top

Pro se litigants should contact the Pro Se Intake Unit at (212) 805-0175 for questions about procedural matters.

If a pro se litigant has questions about these Individual Rules or any other procedural matters, they should contact the Court’s Pro Se Intake Unit at (212) 805-0175, or the independent Legal Assistance Clinic at (212) 382-4794.

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Page 3 | I.L. Pro Se Parties.iv

Pro se litigants can contact the Legal Assistance Clinic at (212) 382-4794 or fedprosdny@nycbar.org for intake form questions or urgent deadlines.

If a pro se litigant has questions about the intake form or needs to highlight an urgent deadline already disclosed in the form, the Clinic can be contacted by phone (212-382-4794) or email (fedprosdny@nycbar.org).

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Page 4 | I.L. Pro Se Parties (page 4)

Orders permitting attorneys to bring electronic devices to Court are available on the SDNY website and should be emailed to Chambers for approval, not filed on ECF.

Orders permitting an attorney to bring an electronic device to Court may be found on the forms page of the SDNY website https://nysd.uscourts.gov/forms and is titled “Fillable Forms for Electronic Devices General Purpose.” Please note that only attorneys are eligible for such an order. These orders should not be filed on ECF. Once completed, they may be emailed to Chambers, TarnofskyNYSDChambers@nysd.uscourts.gov, for Court approval. The Court will then email back to counsel a copy of the signed order if approved.

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Page 2 | I. Communications with Chambers

For docketing, scheduling and calendar matters, email TarnofskyNYSDChambers@nysd.uscourts.gov.

For docketing, scheduling and calendar matters, email TarnofskyNYSDChambers@nysd.uscourts.gov.

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Page 2 | I. Communications with Chambers

Pro se communications are docketed upon receipt and constitute service on ECF users

Unless the Court orders otherwise, all communications from pro se litigants will be docketed upon receipt; such docketing shall constitute service on any user of the ECF system.

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Settlement conferences are confidential and off the record.

All settlement conferences are “off the record” and strictly confidential. No communications relating to settlement may be used in discovery and will be in-admissible at trial.

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Settlement conferences encouraged at earliest practical opportunity.

The Court believes the parties should fully explore settlement at the earliest practical opportunity. Early consideration of settlement allows the parties to avoid the substantial cost, expenditure of time and uncertainty that are typically a part of the litigation process.

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Junior Lawyer Participation Incentives

Court encourages junior lawyers to argue motions they helped prepare

For training purposes, firms are encouraged to permit junior members of legal teams representing clients to argue motions they have helped prepare. This Court is amenable to permitting a number of lawyers to argue for one party if this creates an opportunity for a junior lawyer to participate.

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About United States Magistrate Judge Robyn F. Tarnofsky

**Magistrate Judge Robyn F. Tarnofsky** was appointed to the Southern District of New York on November 21, 2023. Before joining the bench, Judge Tarnofsky was the founding director of the NYLAG Legal Clinic for Pro Se Litigants at the U.S. District Court for the Southern District of New York. Prior to that she was a partner at Paul, Weiss, Rifkind, Wharton & Garrison, representing individuals and financial institutions investigated by state and federal regulators. As a law student she served as Executive Editor of the Harvard Law Review. **Education** - Harvard Law School, J.D., 1995 - Yale College, B.A., 1991 **Career** - U.S. Magistrate Judge, Southern District of New York (2023–present) - Founding Director, NYLAG Legal Clinic for Pro Se Litigants at SDNY - Partner, Paul, Weiss, Rifkind, Wharton & Garrison, New York City

**Courthouse:** Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007-1312 **Courtroom:** 9B **Phone:** (212) 805-3840 **Fax:** (212) 805-7916 **Chambers Staff** - Scheduling/Contact: TarnofskyNYSDChambers@nysd.uscourts.gov

Common questions about Judge Robyn F. Tarnofsky's rules

Are courtesy copies required for Judge Robyn F. Tarnofsky?

The rule limits courtesy-copy delivery rather than stating a blanket requirement before Judge Robyn F. Tarnofsky. No paper courtesy copies of ECF-filed documents should be sent to Judge Tarnofsky unless expressly required.

View ruleSource: page 2, section I. Communications with Chambers G) Courtesy Copies

Does Judge Robyn F. Tarnofsky require a pre-motion conference or letter before filing a motion?

Judge Robyn F. Tarnofsky's rules set a pre-motion procedure for rule 12. Pre-motion conference required for Rule 12(b)/(c) motions except pro se cases, with mandatory statement in notice of motion if no amendment agreement.

View ruleSource: page 5, section III. Formal Motions. A) Conferences of Counsel Before Filing Motions Under Rule 12(b) or (c)

What formatting rules apply to filings before Judge Robyn F. Tarnofsky?

Judge Robyn F. Tarnofsky's formatting rule includes file format PDF. Attachments to pro se email submissions to the Court must be in PDF format.

View ruleSource: page 3, section I.L. Pro Se Parties.i

What must be included with interrogatory filings before Judge Robyn F. Tarnofsky?

The rule requires timing requirements. Initial interrogatories must be served by deadline, subsequent within 30 days of discovery deadline

What must be included with request for admission filings before Judge Robyn F. Tarnofsky?

The rule requires timing requirements. Requests for admission must be served by specified deadline

How may parties contact Judge Robyn F. Tarnofsky's chambers?

The rule addresses email communications with Judge Robyn F. Tarnofsky's chambers. The rule lists email TarnofskyNYSDChambers@nysd.uscourts.gov. Civil matter emails to Chambers should be sent to TarnofskyNYSDChambers@nysd.uscourts.gov.

View ruleSource: page 1, section Chambers

How does Judge Robyn F. Tarnofsky handle sealed or redacted filings?

A motion to seal is required for covered sealed filings before Judge Robyn F. Tarnofsky. Process: file redacted on ecf. Confidential materials may only be redacted or sealed per court direction via application or FRCP 5.2 requirements.

View ruleSource: page 7, section E) Redactions and Filing Under Seal

How do I request an adjournment or extension before Judge Robyn F. Tarnofsky?

Requests should be made at least 7 calendar days in advance when this rule applies before Judge Robyn F. Tarnofsky. The request must include original date, number of previous requests, and adversary position. Adjournment/extension requests (except settlement) require 1 week notice, filed as letter-motions stating original date, prior requests, and adversary position.

View ruleSource: page 2, section I. Communications with Chambers E) Requests for Adjournments or Extensions of Time

Does Judge Robyn F. Tarnofsky require motion papers to be bundled?

Yes. Judge Robyn F. Tarnofsky requires bundling for covered papers. Pretrial procedures apply only to consent cases before Judge Tarnofsky

When is a filing treated as filed before Judge Robyn F. Tarnofsky?

The Court prefers privilege logs to be produced simultaneously with each production tranche or within a week afterward.

View ruleSource: page 8, section Privileged Material

Does Judge Robyn F. Tarnofsky encourage junior lawyer participation?

Yes. Judge Robyn F. Tarnofsky's rules include a junior lawyer participation incentive. Court encourages junior lawyers to argue motions they helped prepare

Complete rules summary for Judge Robyn F. Tarnofsky

Counsel must review and consider obligations under Rules 1 and 26(b)(1) when preparing discovery plan.

Counsel must discuss phased/iterative discovery for efficiency and cost reduction.

Counsel must be familiar with Rules 34 and 26(g) regarding document requests.

Counsel must be competent in electronic discovery or involve someone who is.

Parties must file status letters after paper discovery begins and after discovery deadline.

Rule 26(f) conference must occur at least one week before Initial Case Management Conference.

Discovery must comply with FRCP and SDNY Local Rules

Depositions limited to specified number per party, must be completed by deadline

Initial interrogatories must be served by deadline, subsequent within 30 days of discovery deadline

Requests for admission must be served by specified deadline

Initial production requests exchanged by deadline, responses due by deadline, subsequent within 30 days of discovery deadline

Rule 26(e) supplementations must be made within reasonable time after discovery

Parties must file status letter one week before discovery completion.

When privilege is disputed, the privilege log is expected to be submitted in Excel format with hyperlinks to in-camera documents and specified information columns.

The Court prefers privilege logs to be produced simultaneously with each production tranche or within a week afterward.

Civil matter emails to Chambers should be sent to TarnofskyNYSDChambers@nysd.uscourts.gov.

Attachments to pro se email submissions to the Court must be in PDF format.

Pro se parties may not call Chambers without prior permission from the Court.

ECF technical difficulties should be reported to the help desk at (212) 805-0800.

All Court communications must be via ECF letter except settlement conference and in camera submissions, which may be emailed to civil Chambers address.

Emails to Chambers are restricted to urgent matters or those with express advance permission from the Court.

Faxed communications to Chambers require prior permission and must be sent to all parties.

Letter-motions must be filed on ECF per SDNY Local and ECF Rules, and may request specified pre-motion and administrative actions.

Settlement conference and in camera submissions may be emailed to TarnofskyNYSDChambers@nysd.uscourts.gov.

Adjournment/extension requests (except settlement) require 1 week notice, filed as letter-motions stating original date, prior requests, and adversary position.

No paper courtesy copies of ECF-filed documents should be sent to Judge Tarnofsky unless expressly required.

Docketing, scheduling, and calendar matters should be emailed to the civil Chambers address.

Contact the ECF help desk at (212) 805-0800 for ECF-related technical issues.

For all telephone proceedings in civil matters, check the docket entry for the phone number and access code.

Pro se parties must communicate with the Court via Pro Se Intake Unit (mail/hand delivery) or email to ProSe@nysd.uscourts.gov.

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