Southern District of New York Pre-Motion Conference Requirements

Checked against the court's document on Oct 1, 2026CRITICAL

Parties must strictly comply with Rule 37(a)(1)'s meet-and-confer requirement for discovery motions.

Strict adherence to Fed. R. Civ. P. 37(a)(1) – the “meet and confer” rule – is required.

Checked and corrected to match the court's document on Oct 1, 2026CRITICAL

To arrange a required pre-motion conference, the moving party must submit a letter of no more than three pages stating the basis for the anticipated motion.

To arrange a pre-motion conference, the moving party must submit a letter, not to exceed three (3) pages, setting forth the basis for the anticipated motion.

Checked and corrected to match the court's document on Oct 1, 2026CRITICAL

The opposing party must submit a position letter of no more than three pages at least one week before the conference, unless the Court has set a different letter schedule.

The Court will then set the date for the pre- motion conference, and at least one week before that conference , the opposing party must submit a letter, also not to exceed three (3) pages, setting forth its position – unless the Court has already set a schedule for pre-motion letters, in which case that schedule should be followed.

Checked and corrected to match the court's document on Oct 1, 2026CRITICAL

A pre-motion conference request concerning a proposed motion to dismiss stays the requesting party's deadline to move or answer until a new deadline is set.

If a pre-motion conference is requested in connection with a proposed motion to dismiss, the request will stay the deadline for the requesting party to move or answer, and a new deadline will be set at the conference or after the motion is decided.

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Criminal cases

Defense counsel subject to a conflict from a benefactor payment must inform the Court and request a Curcio hearing at the first conference.

Whenever defense counsel has received, or is receiving, a benefactor payment that subjects counsel to a conflict of interest, counsel must inform the Court and request a Curcio hearing at the first conference.

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Criminal cases

The defendant, replacement counsel, and the Assistant United States Attorney must attend the conference concerning substituted counsel and counsel’s application to be relieved.

When there is a substitution of defense counsel, counsel of record must contact the Courtroom Deputy to schedule a conference as soon as possible. At the conference, the Court will address the application by defense counsel to be relieved. The defendant, replacement counsel, and the Assistant United States Attorney must also attend the conference.

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Civil cases

A party must confer with its adversary before applying for a temporary restraining order unless Rule 65(b)’s requirements are met.

A party must confer with their adversary before making an application for a temporary restraining order unless the requirements of Federal Rule of Civil Procedure 65(b) are met.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

As soon as a party decides to seek a TRO, it must file an ECF letter stating whether the adversary was notified and consents or Rule 65(b) is satisfied; an ex parte letter must be filed under seal.

As soon as a party decides to seek a temporary restraining order, that party must file a letter on ECF (under seal if proceeding ex parte) and state clearly whether: (1) it has notified its adversary and whether the adversary consents to temporary injunctive relief; or (2) the requirements of Federal Rule of Civil Procedure 65(b) are satisfied and no notice is necessary.

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Civil cases

If the notified adversary does not consent to temporary injunctive relief, the application must be filed at a time mutually agreeable to both parties.

If a party’s adversary has been notified but does not consent to temporary injunctive relief, the party seeking a restraining order must file the application at a time mutually agreeable to it and the adversary, so that the Court may have the benefit of advocacy from both sides in deciding whether to grant temporary injunctive relief.

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Civil cases

A plaintiff seeking default judgment must proceed by motion under Attachment A’s procedure.

A plaintiff seeking a default judgment must proceed by way of motion pursuant to the procedure set forth in Attachment A to these rules.

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Civil cases

A party wishing to file a motion in limine must first confer in good faith with the opposing party to try to resolve the dispute.

Any party wishing to file a motion in limine must first confer in good faith with the opposing party in an effort to resolve the dispute.

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Civil cases

Before seeking court help with a discovery dispute, parties must confer orally or virtually in good faith; if unsuccessful, the requesting party must promptly file a letter-motion requesting an informal conference, and any opposition is due within three business days.

In the case of discovery disputes, the parties should follow Local Civil Rule 37.2 with the following modifications. Any party wishing to raise a discovery dispute with the Court must first meet and confer in good faith with the opposing party—in person, virtually, or by telephone—in an effort to resolve the dispute. Conferring in writing does not satisfy this requirement. If this process fails, the party shall, in accordance with the Court’s Individual Rules, promptly file a letter-motion, no longer than six double-spaced pages, explaining the nature of the dispute and requesting an informal conference. Such a letter-motion must include a representation that the parties engaged in a good faith meet-and-confer process that proved unsuccessful. Any opposition to a letter-motion seeking relief shall be filed as a letter, not to exceed six double-spaced pages, within three business days.

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Civil cases

The parties must meet and confer on an expert-discovery schedule no later than 30 days before fact discovery closes; the party bearing the burden of proof must serve expert reports first, and expert discovery must finish by the date in paragraph 6(f).

No later than 30 days prior to the date in paragraph 6(e) (i.e., the completion of all fact discovery), the parties shall meet and confer on a schedule for expert disclosures, including reports, production of underlying documents, and depositions, provided that (i) expert report(s) of the party with the burden of proof shall be due before those of the opposing party’s expert(s); and (ii) all expert discovery shall be completed by the date set forth in paragraph 6(f).

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Civil cases

A party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party in person or by telephone.

Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the

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Civil cases

After an unsuccessful meet-and-confer, a party may request an informal conference by submitting a letter of no more than three pages that explains the dispute and represents that the meet-and-confer was unsuccessful.

If this meet-and-confer process does not resolve the dispute, the party may submit a letter to the Court, no longer than three pages, explaining the nature of the dispute and requesting an informal conference. Such a letter must include a representation that the meet- and-confer process occurred and was unsuccessful.

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Before filing a summary judgment motion, the moving party must file the pre-motion submission required by Section 4(A) within 30 days after the later close of fact or expert discovery.

Before filing a summary judgment motion, the moving party must file a pre-motion submission pursuant to Section 4(A) of the Court’s Individual Rules. The submission shall be filed within 30 days of the close of fact or expert discovery, whichever comes later.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Daubert motions must be filed within 30 days after the later close of fact or expert discovery; absent a contrary court order, opposition is due two weeks after service of the motion and any reply is due one week after service of the opposition.

any motion to exclude the 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, is to be filed within 30 days of the close of fact or expert discovery, whichever is later. Unless otherwise ordered by the Court, opposition to any such motion is to be filed two weeks after the motion is served on the opposing party, and a reply, if any, is to be filed one week after service of any opposition.

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To arrange a pre-motion conference, the moving party must submit a letter of no more than three pages stating the basis for the anticipated motion.

To arrange a pre-motion conference, the moving party shall submit a letter not to exceed three (3) pages in length setting forth the basis for the anticipated motion.

Checked against the court's document on Oct 4, 2026CRITICAL

Before raising a discovery dispute with the Court, a party must confer in good faith with the opposing party in person or by telephone to try to resolve it.

Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute.

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

At the first conference, defense counsel in a criminal case must ask the Court to hold a Curcio hearing if a benefactor payment subjects counsel to a potential conflict.

Defense counsel, in all criminal cases, are required to ask the Court, at the first conference, to hold a Curcio hearing whenever counsel has received, or is receiving, a benefactor payment that subjects counsel to a potential conflict of interest.

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Unless the Court orders otherwise, opposing papers are due within four weeks after service of the motion papers, and any reply is due within two weeks after receipt of opposition papers.

Unless otherwise ordered by the Court, opposing papers must be served and filed within four weeks of service of the motion papers, and reply papers, if any, must be served and filed within two weeks of receipt of opposition papers.

Checked against the court's document on Oct 1, 2026CRITICAL

If the meet-and-confer process does not resolve a discovery dispute, the moving party must request a discovery conference by Letter-Motion.

If the meet-and-confer process does not resolve the discovery dispute, the moving party must request a discovery conference with the Court, by Letter-Motion, as required by Local Civil Rule 37.2.

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

A party intending to file a summary judgment motion must first file a pre-motion letter of no more than three single-spaced pages stating the basis for the anticipated motion, within 14 days after discovery is complete.

Within 14 days after the completion of all discovery, any party wishing to file a summary judgment motion shall file a pre-motion letter (not a letter-motion) no longer than three (3) single-spaced pages in length, setting forth the basis for the anticipated motion.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

The response to the moving party’s letter must be no more than three single-spaced pages and submitted within five business days, unless the parties agree otherwise and inform the Court by letter of the agreed response date.

(3) single-spaced pages in length, within five business days after submission of the moving party's letter, unless the parties agree otherwise (and the Court is informed of the agreed response date by letter).

Checked against the court's document on Oct 1, 2026WARNING

For discovery-motion meet-and-confers, parties should be prepared to state the meeting's time, place, and duration and identify participating counsel.

The parties should be prepared to describe the time, place and duration of the meeting, and to identify the counsel involved.

Checked against the court's document on Oct 1, 2026WARNING

Oral argument is not usually held, but parties may request it by letter when filing moving, opposing, or reply papers.

The Court does not usually hear oral argument, but parties may request oral argument by letter at the time their moving or opposing or reply papers are filed.

Checked against the court's document on Oct 4, 2026WARNING

Discovery motions must follow Local Civil Rule 37.2.

For discovery motions, follow Local Civil Rule 37.2.

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Sur-reply memoranda may be filed only with prior Court permission.

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

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Surreply memoranda are prohibited unless specifically permitted in an extraordinary situation for good cause.

Surreply memoranda are not allowed (unless specifically permitted in extraordinary situations for good cause).

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Pre-motion conferences are generally not required, except for discovery disputes governed by Section 6.

Pre-motion conferences are not required, except for disputes concerning discovery, which are governed by Section 6 below.

Checked and corrected to match the court's document on Oct 4, 2026WARNING

Civil cases

For a discovery-stay request based on a contemplated or pending dispositive motion at the initial pretrial conference, the letter-motion should be filed no later than two weeks before the conference, the opposition should be filed one week after the letter-motion, and no reply is permitted.

Moreover, if the grounds for the requested stay of discovery is the filing of a dispositive motion that is either contemplated or pending at the time the Court holds the initial pretrial conference, the motion for a stay of discovery should be filed no later than two weeks prior to the date of the conference. The opposition to such a motion should be filed one week after the letter-motion is filed. No reply will be permitted.

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Civil cases

Within one week after fact discovery closes, counsel must meet for at least one hour to discuss settlement.

No later than one week after the close of fact discovery, counsel for all parties must meet for at least one hour to discuss settlement.

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

When a party fails to respond to a claim, the claimant should promptly seek default judgment if appropriate.

If a party fails to respond to a claim, the party asserting the claim should promptly move for entry of default judgment if appropriate.

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Civil cases

A party seeking default judgment should not proceed by order to show cause.

A party seeking a default judgment should not proceed by order to show cause.

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Civil cases

Depositions may not be held until all parties have responded to initial document-production requests unless the parties agree or the Court orders otherwise.

Absent an agreement between the parties or an order from the Court, depositions are not to be held until all parties have responded to initial requests for document production.

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Non-party depositions must follow initial party depositions unless the parties agree or the Court orders otherwise.

Absent an agreement between the parties or an order from the Court, non-party depositions shall follow initial party depositions.

Checked against the court's document on Oct 4, 2026WARNING

A party seeking to file sealed or redacted materials should confer in advance with opposing parties or relevant third parties to narrow the request.

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.

Checked and corrected to match the court's document on Oct 4, 2026WARNING

Unless the parties agree otherwise or the Court orders otherwise, non-party depositions must follow initial party depositions.

Absent an agreement between the parties or an order from the Court, non- party depositions shall follow initial party depositions.

Checked against the court's document on Oct 1, 2026WARNING

The parties are encouraged to agree on a briefing schedule, but alternate or modified schedules require Court approval; otherwise, Local Civil Rule 6.1 governs.

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, the parties must request the Court’s approval of their alternate 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 the Court’s approval of 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 enumerated in Local Civil Rule 6.1.

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A sur-reply memorandum requires prior Court permission to be accepted.

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

Checked against the court's document on Oct 4, 2026INFO

The Court decides whether to hear oral argument and, if it will, advises counsel of the argument date.

This Court will determine whether argument will be heard and, if so, will advise counsel of the argument date.

Checked against the court's document on Oct 4, 2026INFO

Civil cases

When oral argument is requested, the Court decides whether to hear it and, if so, informs counsel of the argument date.

If oral argument is requested, the Court will determine whether argument will be heard and, if so, advise counsel of the argument date.

Checked and corrected to match the court's document on Oct 4, 2026INFO

Civil cases

Summary judgment motions are discouraged in non-jury cases.

Summary judgment motions are discouraged in non-jury cases.

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Civil cases

If the meeting does not result in settlement, the parties should discuss whether mediation or a magistrate judge settlement conference would be productive.

If no settlement is reached during this meeting, the parties should discuss whether a mediation or referral to the magistrate judge for a settlement conference would be productive.

Checked against the court's document on Oct 4, 2026INFO

The Court decides whether oral argument will be held and, if it is, advises counsel of the date and time.

The Court will determine whether argument will be heard and, if so, will advise counsel of the date and time for the argument.

Checked against the court's document on Oct 1, 2026INFO

The Court prefers to address discovery letter-motions at a conference, and will set a briefing schedule there if formal briefing is needed.

The Court’s preference is to hold a conference with the parties to address discovery disputes raised by a Letter-Motion. The Court will endeavor 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.

Checked and corrected to match the court's document on Oct 1, 2026INFO

A party may request oral argument by Letter-Motion, but the Court decides whether to hear argument and provides the date and time if it does.

Parties may request oral argument by Letter- Motion. Counsel should select the “Letter-Motion” option on ECF for filing such a request. The Court will determine whether argument will be heard and, if so, will advise counsel of the argument date and time.

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Civil cases

In the case of discovery disputes, parties should follow Local Civil Rule 37.2 with the following modifications. Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the

Summary: Before raising a discovery dispute with the Court, a party must follow Local Civil Rule 37.2 (as modified by the Case Management Plan) and first confer in good faith.

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Civil cases

Absent good cause, the Court will not ordinarily have summary judgment practice in a non-jury case. Before filing a summary judgment motion, the moving party must file a pre-motion submission pursuant to Section 4(A) of the Court's Individual Rules.

Summary: Before filing a summary judgment motion, the moving party must file a pre-motion submission pursuant to Section 4(A) of the Court's Individual Rules.

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Civil cases

A pre-motion conference with the Court is required before making any other motion, except motions for admission pro hac vice, motions in limine, and motions for temporary restraining orders. To arrange a pre-motion conference, the moving party shall submit a letter, not to exceed three pages, setting forth the basis for the anticipated motion.

Summary: A pre-motion conference is required before any motion (except pro hac vice, in limine, and TRO motions), arranged by a moving party letter of no more than three pages setting forth the basis for the anticipated motion.

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Civil cases

If a pre-motion conference is requested in connection with a proposed motion to dismiss, the request will stay the deadline for the requesting party to move or answer, and a new deadline will be set by the Court.

Summary: Requesting a pre-motion conference for a proposed motion to dismiss stays the requesting party's deadline to move or answer, and the Court sets a new deadline.

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Civil cases

All moving parties must confer with their adversary before making an application for a temporary restraining order, unless the requirements of Rule 65(b)(1)(B) are met.

Summary: Moving parties must confer with their adversary before applying for a temporary restraining order unless Rule 65(b)(1)(B) applies.

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Pre-motion letters seeking a conference should propose a briefing schedule and are required where the proposed motion is returnable before Judge Willis, or where the proposed motion has been referred to Judge Willis, except that no pre-motion letter is required for (i) motions for admission pro hac vice, (ii) motions by litigants in actions where a party is both pro se and incarcerated, (iii) motions for reconsideration or reargument, (iv) motions for a new trial, (v) motions in limine, (vii) motions listed in Fed. R. App. P. 4(a)(4)(A), (viii) motions for recusal, (ix) habeas corpus petitions, (x) applications made by order to show cause, and (xi) Federal Rule of Civil Procedure 12(b)(6) motions to dismiss in lieu of an Answer.

Summary: Pre-motion letters proposing a briefing schedule are required for motions returnable before or referred to Judge Willis, except for pro hac vice, pro se incarcerated litigant, reconsideration/reargument, new trial, in limine, Fed. R. App. P. 4(a)(4)(A), recusal, habeas, order to show cause, and Rule 12(b)(6) motions filed in lieu of an Answer.

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Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute.

Summary: Before raising a discovery dispute with the Court, a party must first confer in good faith with the opposing party, in person or by telephone, as required by Local Rule 37.2 as modified.

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To arrange a pre-motion conference for non-discovery matters, the moving party shall submit a letter motion in accordance with Individual Practice I.B.

Summary: For non-discovery motions, the moving party must submit a letter motion in accordance with Individual Practice I.B to arrange a pre-motion conference.

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

Summary: Sur-reply memoranda will not be accepted unless the party first obtains permission of the Court.

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In advance of filing a letter with the Court, the Parties are expected to meet and confer regarding a briefing schedule for any anticipated motion.

Summary: Before filing a letter with the Court, the parties are expected to meet and confer regarding a briefing schedule for any anticipated motion.

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At the meet and confer held before filing the letter seeking leave to move for summary judgment, the Parties should discuss and prepare a joint submission indicating all facts that are not in dispute. If for any reason the Parties are unable to do so, they should submit a separate letter explaining why they should be relieved of that obligation.

Summary: Before filing the letter seeking leave to move for summary judgment, the parties must meet and confer and prepare a joint submission of undisputed facts, or submit a separate letter explaining why they cannot.

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Civil cases

At the pretrial conference, the Court will set a briefing schedule for any motions the parties wish to file addressing evidentiary issues or other matters which should be resolved in limine.

Summary: The Court sets the briefing schedule for motions in limine at the pretrial conference.

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All motions in limine must be briefed so as to be fully submitted no later than one week before the Final Pretrial Conference. A courtesy copy of each submission should be emailed to Chambers at SwainNYSDCorresp@nysd.uscourts.gov on the date the paper is served and filed.

Summary: Motions in limine must be fully briefed one week before Final Pretrial Conference.

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Civil cases

As to motions, there shall be no more than three rounds of serving and filing papers: supporting affidavits and briefs, opposing affidavits and briefs, and reply affidavits and briefs.

Summary: Motion briefing limited to three rounds: supporting, opposing, and reply.

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Civil cases

As to motions, there shall be no more than three rounds of serving and filing papers: supporting affidavits and briefs, opposing affidavits and briefs, and reply affidavits and briefs.

Summary: Motion briefing is limited to three rounds: opening, opposition, and reply.

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Civil cases

Transmittal of a pre-motion letter for a proposed motion under Federal Rule of Civil Procedure 12(b) stays the time to answer or move to dismiss until further order of the Court.

Summary: Pre-motion letter for Rule 12(b) motions stays time to answer until further order.

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Civil cases

If a motion to dismiss is filed, the non-moving party must, within ten days of receipt of the motion, notify the Court and its adversary in writing whether (1) it intends to file an amended pleading and when it will do so, or (2) it will rely on the pleading being attacked.

Summary: Non-moving party must notify Court within 10 days of motion to dismiss filing whether amending pleading.

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Civil cases

Second: If, after the first exchange of letters, the defendant still wishes to file a motion to dismiss, the parties shall follow the steps set forth in Rule III(A) above for pre-motion letters, and this second set of letters shall be filed with the Court before the time to file a responsive pleading has expired.

Summary: Second pre-motion letter set for motions to dismiss must be filed with Court.

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Civil cases

The plaintiff shall respond by similar letter within five 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 response to first pre-motion letter due within 5 business days.

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Civil cases

The prospective movant shall file with the Court a pre-motion letter informing the Court of the basis for its anticipated motion for summary judgment and attaching the opposing party’s response to the Rule 56.1 Statement.

Summary: Pre-motion letter required for summary judgment motions

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Civil cases

Opposition letters shall be filed with the Court within five business days after receipt of the prospective movant’s letter.

Summary: Opposition letters for summary judgment pre-motion must be filed within 5 business days

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Civil cases

A pre-motion letter is required prior to the filing of any motion, except motions with a jurisdictional time limit as provided by the Federal Rules of Appellate Procedure, post-judgment motions, motions brought on by a court order to show cause, motions for reargument or reconsideration, motions by incarcerated pro se litigants, motions for admission pro hac vice, motions for attorneys' fees, motions for remand, motions to appoint lead plaintiff and lead defense counsel in securities class actions, objections to magistrate judges' rulings, motions for sanctions, motions to withdraw as counsel, motions for reduction of sentence, in forma pauperis motions, petitions to confirm or compel arbitration, or where a delay in filing might result in the loss of a right.

Summary: Pre-motion letter required before filing most motions, with specific exemptions listed.

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Civil cases

However, all attorneys appearing should have the degree of authority consistent with the proceeding. For example, an attorney attending a pre-motion conference should have the authority to commit his or her party to a motion schedule, and should be prepared to address other matters likely to arise, including the party's willingness to participate in a settlement conference with the assigned Magistrate Judge.

Summary: Attorneys at pre-motion conferences must have authority to commit to motion schedules and address settlement conference participation.

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Civil cases

motions to exclude testimony of experts shall be made by the deadline for dispositive motions and shall not be treated as motions in limine

Summary: Daubert motions to exclude expert testimony must be made by the dispositive motions deadline and are not treated as motions in limine.

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Civil cases

Any party may file the following documents within one week after the filing of the proposed joint pretrial order, but in no event fewer than three days before the scheduled trial date

Summary: Opposition filings must be submitted within one week after the pretrial order but no fewer than three days before trial.

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Civil cases

In the case of a motion to dismiss, the parties shall exchange two sets of pre-motion letters.

Summary: Two sets of pre-motion letters required for motions to dismiss.

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Civil cases

A pre-motion letter is required prior to the filing of any motion, except motions with a jurisdictional time limit as provided by the Federal Rules of Appellate Procedure, post-judgment motions, motions brought on by a court order to show cause, motions for reargument or reconsideration, motions by incarcerated pro se litigants, motions for admission pro hac vice, motions for attorneys’ fees, motions for remand, motions to appoint lead plaintiff and lead defense counsel in securities class actions, objections to magistrate judges’ rulings, motions for sanctions, motions to withdraw as counsel, motions for reduction of sentence, in forma pauperis motions, petitions to confirm or compel arbitration, or where a delay in filing might result in the loss of a right.

Summary: Pre-motion letter required for most motions except specified exceptions.

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Civil cases

All motions and applications shall be governed by the Court’s Individual Practices, including pre-motion conference requirements, except that motions in limine may be made without a pre-motion conference on the schedule set forth in paragraph 11.

Summary: Motions require pre-motion conference except motions in limine.

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Civil cases

Pursuant to the authority of Rule 16(c)(2), Fed. R. Civ. P., any motion for summary judgment will be deemed untimely unless a request for a pre-motion conference is made in writing within fourteen (14) days of the date in paragraph 5, i.e., the close of fact discovery.

Summary: Summary judgment motions must request pre-motion conference within 14 days of fact discovery close.

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Civil cases

The parties are reminded that, pursuant to paragraph 8, a pre-motion conference request for any motion for summary judgment must be made within fourteen (14) days of the close of fact discovery.

Summary: Pre-motion conference for summary judgment must be requested within 14 days of fact discovery close.

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Civil cases

All motions and applications shall be governed by the Court's Individual Practices, including pre-motion conference requirements, except that motions in limine may be made without a pre-motion conference on the schedule set forth in paragraph 11.

Summary: Motions in limine are exempt from pre-motion conference requirements.

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Civil cases

Pursuant to the authority of Rule 16(c)(2), Fed. R. Civ. P., any motion for summary judgment will be deemed untimely unless a request for a pre-motion conference is made in writing within fourteen (14) days of the date in paragraph 5, i.e., the close of fact discovery.

Summary: Summary judgment motions require a written request for pre-motion conference within 14 days of the close of fact discovery.

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Civil cases

The parties are reminded that, pursuant to paragraph 8, a pre-motion conference request for any motion for summary judgment must be made within fourteen (14) days of the close of fact discovery.

Summary: Pre-motion conference requests for summary judgment motions must be made within 14 days after fact discovery closes.

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For discovery motions, follow Local Civil Rule 37.2, requiring the moving party to request an informal conference with the Court before the filing of any such motion.

Summary: Discovery motions require an informal conference request before filing.

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Strict adherence to Fed. R. Civ. P. 37(a)(1), the “meet and confer” rule, is required.

Summary: Discovery-motion practice requires strict compliance with the Rule 37(a)(1) meet-and-confer requirement.

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Required

Always ?

A pre-motion conference with the Court is required before making any motion, except: • orders to show cause; • motions for admission pro hac vice; • motions to remand; • motions for reargument or reconsideration (time to oppose (14 days); time to reply (7 days)); • motions for reduction of sentence; • in forma pauperis motions; • applications for attorney’s fees; • motions to be relieved as counsel; • motions for a new trial or amendment of judgments; • motions for default judgment;

Summary: A pre-motion conference is required for motions generally, with specific listed motion-type exceptions.

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motions for reargument or reconsideration (time to oppose (14 days); time to reply (7 days));

Summary: For reargument or reconsideration motions, opposition is due in 14 days and reply is due in 7 days.

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To arrange a pre-motion conference, the moving party should submit a letter, not to exceed 3 pages (exclusive of letterhead and signature block(s)), setting forth the basis for the anticipated motion.

Summary: The moving party must submit a pre-motion letter limited to 3 pages, excluding letterhead and signature blocks, explaining the basis for the anticipated motion.

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The opposing party should submit a letter, also not to exceed 3 pages, setting forth its position within 3 business days from the service of the moving party’s letter.

Summary: The opposing party must submit a responsive pre-motion letter within 3 business days, with a 3-page limit.

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Required

Always ?

At least 14 days before the parties file their joint pretrial order, all counsel must meet for at least one hour to discuss settlement in good-faith.

Summary: Counsel must hold at least a one-hour good-faith settlement meeting at least 14 days before filing the joint pretrial order.

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A pre-motion conference with the Court is required before making any motion, except: • orders to show cause; • motions for admission pro hac vice; • motions to remand; • motions for reargument or reconsideration (time to oppose (14 days); time to reply (7 days)); • motions for reduction of sentence; • in forma pauperis motions; • applications for attorney’s fees; • motions to be relieved as counsel; • motions for a new trial or amendment of judgments; • motions for default judgment;

Summary: Pre-motion conference required for all motions except specific enumerated exceptions.

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For discovery motions, follow Local Civil Rule 37.2, requiring the moving party to request an informal conference with the Court before the filing of any such motion. Strict adherence to Fed. R. Civ. P. 37(a)(1), the “meet and confer” rule, is required.

Summary: Discovery motions require informal conference and strict meet-and-confer compliance.

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To arrange a pre-motion conference, the moving party should submit a letter, not to exceed 3 pages (exclusive of letterhead and signature block(s)), setting forth the basis for the anticipated motion. The opposing party should submit a letter, also not to exceed 3 pages, setting forth its position within 3 business days from the service of the moving party's letter.

Summary: Pre-motion letter required (max 3 pages) with 3 business day response deadline

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Required

Always ?

At least 14 days before the parties file their joint pretrial order, all counsel must meet for at least one hour to discuss settlement in good-faith

Summary: Counsel must meet for at least one hour to discuss settlement 14 days before filing joint pretrial order

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Civil cases

Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party—in person, by videoconference, or by telephone—to resolve the dispute. This process must include at least one conference among Lead Trial Counsel for the parties involved in the dispute.

Summary: Discovery disputes require good faith confer with opposing party, including Lead Trial Counsel conference.

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Civil cases

When a motion to dismiss is filed and the non-moving party elects to amend its pleading pursuant to Federal Rule of Civil Procedure 15(a)(1), the non-moving party must, within 10 days of receipt of the motion, notify the Court and its adversary if it intends to file an amended pleading pursuant to Rule 15(a)(1), and the date by which it will do so.

Summary: Non-moving party must notify intent to amend within 10 days of motion to dismiss.

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Civil cases

Parties may not file more than one motion for summary judgment absent prior Court approval.

Summary: Only one summary judgment motion allowed without prior Court approval.

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Civil cases

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

Summary: Expert testimony exclusion motions must be filed by dispositive motion deadline, not as motions in limine.

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Civil cases

A party seeking a default judgment must proceed by filing a motion for default judgment on ECF pursuant to Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(b). A party seeking a default judgment should not proceed by order to show cause.

Summary: Default judgment must be sought by motion on ECF, not by order to show cause.

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Civil cases

Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party—in person, by videoconference, or by telephone—to resolve the dispute. This process must include at least one conference among Lead Trial Counsel for the parties involved in the dispute. Where a party raises a discovery dispute with the opposing party, the opposing party must make itself available to confer in good faith to resolve the dispute within two business days of a request for a conference. If a party requests a Lead Trial Counsel conference, Lead Trial Counsel for the opposing party must make themselves available within two business days. If the meet-and-confer process does not resolve the dispute within 10 business days of the dispute first being raised (or sooner, if an impasse has been reached), the party seeking discovery may file on ECF a letter-motion

Summary: Discovery disputes require good faith conferral with Lead Trial Counsel participation, 2-business-day response requirement, and 10-business-day waiting period before filing with the Court.

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Unless otherwise ordered by the Court, papers filed in opposition to a motion must be served and filed within 30 days of service of the motion papers, and reply papers, if any, must be served and filed within two weeks of receipt of opposition papers.

Summary: Opposition papers must be filed within 30 days; reply papers within 2 weeks.

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Unless otherwise ordered by the Court, papers filed in opposition to a motion must be served and filed within 30 days of service of the motion papers, and reply papers, if any, must be served and filed within two weeks of receipt of opposition papers.

Summary: Opposition papers due 30 days after motion service; reply papers due 14 days after opposition receipt.

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Two weeks after service of the plaintiff's Statement, the defendant must file and serve a similar Statement of its case containing the same information.

Summary: Defendant must file and serve Pretrial Statement 14 days after plaintiff's statement service.

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Civil cases

Parties may not file more than one motion for summary judgment absent prior Court approval.

Summary: Parties are limited to one summary judgment motion unless they obtain prior court approval.

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Civil cases

Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party—in person, by videoconference, or by telephone—to resolve the dispute. This process must include at least one conference among Lead Trial Counsel for the parties involved in the dispute.

Summary: Parties must confer in good faith (including Lead Trial Counsel) before raising discovery disputes with the Court.

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Civil cases

Pre-motion conferences are not required, except for disputes concerning discovery, which are governed by Paragraph 5 above.

Summary: Pre-motion conferences are not required except for discovery disputes, which follow Paragraph 5 procedures.

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Civil cases

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

Summary: Sur-reply memoranda are not accepted without prior court permission.

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A pre-motion conference with the Court is required before making any other motion, except motions for admission pro hac vice, motions for reargument or reconsideration, motions for temporary restraining orders or preliminary injunctions, motions pursuant to Fed. R. Civ. P. 11(c)(2), or motions for which the Court has already set a briefing schedule.

Summary: Pre-motion conference required before most motions (except specified exceptions).

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To arrange a pre-motion conference, the moving party must submit a letter, not to exceed three (3) pages, setting forth the basis for the anticipated motion.

Summary: Pre-motion letter (max 3 pages) required to arrange conference.

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at least one week before that conference, the opposing party must submit a letter, also not to exceed three (3) pages, setting forth its position

Summary: Opposing party must submit 3-page letter at least one week before pre-motion conference.

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For discovery motions, follow Local Civil Rule 37.2, requiring the moving party to request an informal conference with the Court before the filing of any such motion. Strict adherence to Fed. R. Civ. P. 37(a)(1) – the “meet and confer” rule – is required.

Summary: Discovery motions require informal conference with Court before filing, following meet-and-confer rule.

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For discovery motions, follow Local Civil Rule 37.2, requiring the moving party to request an informal conference with the Court before the filing of any such motion.

Summary: Before filing a discovery motion, the moving party must request an informal conference with the Court under Local Civil Rule 37.2.

Not confirmed. Read the court's wording below.CRITICAL?

A pre-motion conference with the Court is required before making any other motion, except motions for admission pro hac vice, motions for reargument or reconsideration, motions for temporary restraining orders or preliminary injunctions, motions pursuant to Fed. R. Civ. P. 11(c)(2), or motions for which the Court has already set a briefing schedule.

Summary: A pre-motion conference is required before other motions, subject to the listed motion and briefing-schedule exceptions.

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Unless otherwise ordered by the Court, within 7 business days, the opposing party shall file a letter position.

Summary: Opposing party must file letter position within 7 business days of pre-motion conference request.

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For discovery motions, follow Local Civil Rule 37.2, which requires the moving party to request an informal conference with the Court before the filing of any such motion. Strict adherence to Fed. R. Civ. P. 37(a)(1), the 'meet and confer' rule, is required.

Summary: Discovery motions require informal conference with Court before filing.

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A pre-motion conference is required before making a motion for summary judgment. To request a pre-motion conference, the moving party shall file, on ECF, a letter-motion for a conference, not to exceed 3 pages, setting forth the basis for the anticipated motion.

Summary: Pre-motion conference (3-page letter) required before summary judgment motions.

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Upon the filing of a motion to dismiss, the Court will ordinarily issue an order requiring the non-moving party, within 10 days, to notify the Court whether it intends to file an amended pleading, or will rely on the pleading being attacked.

Summary: Non-moving party has 10 days to notify Court about amended pleading after motion to dismiss.

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If the non-moving party amends its pleading, within 21 days of such amendment, the moving party may file an answer, file a new motion to dismiss, or notify the Court that it will rely on the initially-filed motion to dismiss.

Summary: Moving party has 21 days after amended pleading to file answer, new motion to dismiss, or rely on original motion.

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

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

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

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

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

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

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Pre-Motion Conferences in Civil Cases

Summary: Pre-motion conference required before filing motions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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If there are any discovery disputes, the parties are required to confer with one another to try to resolve the dispute without the need for Court intervention. If the parties are unable to resolve their dispute, either party may file a letter-motion, no longer than three pages and in accordance with Section 2 above, explaining the nature of the dispute and requesting an informal conference.

Summary: Discovery disputes require conference before filing letter-motion (max 3 pages)

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Civil cases

Sur-reply memoranda are not allowed (unless specifically permitted in extraordinary situations for good cause).

Summary: Sur-reply memoranda are prohibited unless permitted for good cause in extraordinary situations.

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Civil cases

Pre-motion letters and conferences are not required, except for: (i) discovery disputes under Section 4(k) of these Rules; and (ii) summary judgment motions in non-jury cases under Section 4(g) of these Rules.

Summary: Pre-motion letters/conferences required only for discovery disputes and SJ in non-jury cases.

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Civil cases

Summary judgment motions are strongly discouraged in non-jury cases. Notwithstanding Section 4(a) of these Rules, a party seeking to file a motion for summary judgment in a non-jury case shall file a letter on ECF seeking leave to move for summary judgment prior to filing any motion.

Summary: Summary judgment motions in non-jury cases require prior leave via ECF letter.

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Civil cases

Parties may not file more than one motion for summary judgment absent prior Court approval.

Summary: Only one summary judgment motion permitted without prior Court approval.

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Civil cases

A party seeking a default judgment must proceed by filing a motion for default judgment on ECF pursuant to Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(b). A party seeking a default judgment should not proceed by order to show cause.

Summary: Default judgment must be sought by motion on ECF, not by order to show cause.

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Civil cases

Letter-motions may be filed via ECF if they comply with the S.D.N.Y. Local Rules and the S.D.N.Y. "Electronic Case Filing Rules and Instructions." In particular, all requests for adjournments, extensions, and pre-motion conferences (including pre-motion conferences with respect to discovery disputes) should be filed as letter-motions. A courtesy copy shall

Summary: Adjournment, extension, and pre-motion conference requests must be filed as letter-motions via ECF.

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A pre-motion conference with the Court is required before making any other motion, except where a litigant believes that delay in filing the motion might result in the loss of a right or where a litigant seeks to make a motion in a case involving an incarcerated pro se litigant, motion for admission pro hac vice, motion for reargument or reconsideration, or motion for temporary restraining order or preliminary injunction.

Summary: Pre-motion conference required before most motions, with specific exceptions.

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To arrange a pre-motion conference, the moving party shall submit a letter, not to exceed three pages, setting forth the basis for the anticipated motion. The opposing party shall submit a letter, also not to exceed three pages, setting forth its position within three business days from the service of the moving party's letter.

Summary: Pre-motion letter (max 3 pages) required from moving party; opposition letter (max 3 pages) due within 3 business days.

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For discovery motions, follow Local Civil Rule 37.2, requiring the moving party to request an informal conference with the Court before the filing of any such motion.

Summary: Pre-motion conference required for discovery motions per Local Civil Rule 37.2.

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Required

Always ?

A pre-motion conference with the Court is required before making any other motion, except where a litigant believes that delay in filing the motion might result in the loss of a right or where a litigant seeks to make a motion in a case involving an incarcerated pro se litigant, motion for admission pro hac vice, motion for reargument or reconsideration, or motion for temporary restraining order or preliminary injunction.

Summary: Pre-motion conference required for most motions with specific exemptions.

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Required

Always ?

To arrange a pre-motion conference, the moving party shall submit a letter, not to exceed three pages, setting forth the basis for the anticipated motion.

Summary: Pre-motion letter required, limited to 3 pages, stating basis for anticipated motion.

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Required

Always ?

The opposing party shall submit a letter, also not to exceed three pages, setting forth its position within three business days from the service of the moving party's letter.

Summary: Opposing party must submit response letter within 3 business days, limited to 3 pages.

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Civil cases

Any party wishing to file a motion addressing evidentiary issues or other matters which should be resolved in limine must file such a motion via ECF. Opposition papers must be filed within seven days thereafter, and reply papers must be filed within four days of any opposition.

Summary: Motions in limine must be filed via ECF with specific briefing deadlines.

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Proposed or draft document; may not be in force

Unless otherwise ordered by the Court, papers filed in opposition to a motion must be served and filed within four weeks of service of the motion papers, and reply papers, if any, must be served and filed within two weeks of receipt of opposition papers.

Summary: Opposition papers due within 4 weeks; reply papers due within 2 weeks of opposition.

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Civil cases

Since cases involving FLSA claims often benefit from early mediation, it is hereby ORDERED that prior to the case management conference pursuant to Fed. R. Civ. P. 16(b) the Court is referring this case to mediation under Local Civil Rule 83.9 and that mediation shall be scheduled within sixty days.

Summary: FLSA cases must be referred to mediation within 60 days before case management conference.

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Civil cases

IT IS FURTHER ORDERED that, in the event the parties do not reach a settlement, they shall promptly meet and confer pursuant to Fed. R. Civ. P. 26(f) in preparation for their initial case management conference.

Summary: If no settlement, parties must promptly meet and confer under Rule 26(f) for case management conference.

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Civil cases

Pursuant to the authority of Fed. R. Civ. P. 16(c)(2) and the Court's Individual Rule 2(E), any motion for summary judgment will be deemed untimely unless a request for a pre-motion conference relating thereto is made in writing within one week after the close of discovery. The parties should review the Court's Individual Rule 2(E) for further details on the submission of, and responses to, pre-motion letters. In cases where the Court sets a post-discovery status conference, the parties may request that the previously scheduled conference also serve as the pre-motion conference.

Summary: Motions for summary judgment require a written pre-motion conference request within one week after the close of discovery, or the motion is deemed untimely.

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Civil cases

As noted above, requests for extensions and adjournments must be made by letter-motion, not by proposed stipulation or proposed order.

Summary: Extensions and adjournments must be requested via letter-motion, not proposed stipulations or orders.

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Civil cases

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

Summary: Sur-reply memoranda require prior Court permission

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Civil cases

If the parties contemplate filing summary judgment motion(s), they shall first confer and jointly propose a briefing schedule for such motion(s) in a letter to the Court.

Summary: Pre-motion letter required for summary judgment motions.

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Civil cases

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

Summary: Expert testimony exclusion motions must be filed by dispositive motion deadline.

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Civil cases

If a party fails to respond to a claim, the party asserting the claim should promptly move for entry of default judgment if appropriate.

Summary: Prompt motion for default judgment required when party fails to respond.

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Civil cases

If a failure to answer is the basis for the default, the party seeking a default judgment must begin by seeking a Clerk’s Certificate of Default pursuant to Local Civil Rule 55.1.

Summary: Clerk's Certificate of Default required before default judgment motion.

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Civil cases

Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, the party shall promptly file a letter motion, no longer than four single-spaced pages, explaining the nature of the dispute and requesting an informal conference.

Summary: Discovery disputes require meet-and-confer before filing letter motion (max 4 single-spaced pages).

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Unless otherwise ordered by the Court, papers filed in opposition to a motion must be served and filed within 30 days of service of the motion papers, and reply papers, if any, must be served and filed within two weeks of receipt of opposition papers.

Summary: Opposition papers due within 30 days; reply papers due within 2 weeks.

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Prior to bringing a motion pursuant to Rules 26 through 37 or Rule 45 of the Federal Rules of Civil Procedure, a party must follow the procedures set forth below.

Summary: Before bringing a motion under Rules 26–37 or Rule 45, a party must follow the specified discovery-dispute procedures.

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Where a party raises a discovery dispute with the opposing party, the opposing party must make itself available to confer in good faith to resolve the dispute within three business days of a request for a conference.

Summary: The opposing party must make itself available for a good-faith conference within three business days after a request.

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

If the meet-and-confer process does not resolve the dispute, the party seeking discovery must promptly submit a letter-motion to the Court via ECF, no longer than four pages (single spaced, with standard font and margins, inclusive of the signature block), explaining the nature of the dispute and why the party is entitled to relief.

Summary: If meet-and-confer does not resolve a discovery dispute, the moving party must promptly file an ECF letter-motion of no more than four pages explaining the dispute and requested relief.

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

If the opposing party wishes to respond, it must do so in a letter not to exceed four pages (single spaced, with standard font and margins, inclusive of the signature block) within two business days, unless otherwise ordered by the Court. Reply letters are not permitted.

Summary: An opposing party that wishes to respond must file its letter within two business days, unless the Court orders otherwise; no reply letter is permitted.

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Any opposition papers will be due in two weeks.

Summary: Opposition papers to motions in limine are due in two weeks.

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

If a failure to answer is the basis for the default, the party seeking a default judgment must begin by seeking a Clerk’s Certificate of Default pursuant to Local Civil Rule 55.1.

Summary: When failure to answer is the basis for default, the party must first seek a Clerk’s Certificate of Default under Local Civil Rule 55.1.

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If, after successive attempts, counsel for any affected party is unavailable for the call, the initiating party may then send Chambers and all affected counsel an email or a letter, not to exceed two double-spaced pages, describing the efforts made to convene a conference call and briefly describing the proposed motion or application.

Summary: If parties unavailable for call, send 2-page letter to chambers describing efforts and proposed motion.

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In the event of any discovery disputes, the parties are required to confer in an effort to resolve the dispute without Court intervention. If the parties are unable to resolve their dispute, either party may file a letter-motion, not to exceed six double-spaced pages, explaining the nature of the dispute and requesting an informal conference.

Summary: Discovery disputes require conference before filing letter-motion (max 6 pages)

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Civil cases

File a motion for default judgment pursuant to Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(b). A party seeking a default judgment should not proceed by order to show cause.

Summary: Motion for default judgment required under FRCP 55(b)(2) and LCR 55.2(b); order to show cause not permitted.

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Civil cases

Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. The Court enforces this requirement in both counseled and pro se cases (except where not feasible, such as when the pro se litigant is incarcerated) and will not consider any discovery dispute where the moving party has not satisfied the good-faith conference requirement.

Summary: Parties must confer in good faith with the opposing party before raising a discovery dispute; the Court will not consider disputes without this conference.

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Civil cases

If a party wishes to move for summary judgment or to exclude expert testimony, it must, no later than three weeks before the post discovery pre-trial conference, request that the conference serve as a pre-motion conference. To so request, the moving party must file a letter on ECF, not to exceed three pages in length, setting forth the basis for the anticipated motion, including the legal standards governing the claims at issue. Other parties must respond two weeks before the conference.

Summary: To move for summary judgment or exclude expert testimony, a party must file a pre-motion letter (max 3 pages) on ECF no later than three weeks before the post-discovery pretrial conference; other parties respond two weeks before the conference.

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Civil cases

A party must confer with his or her adversary before making an application for a temporary restraining order unless the requirements of Federal Rule of Civil Procedure 65(b) are met.

Summary: A party must confer with its adversary before applying for a temporary restraining order unless FRCP 65(b) requirements are met.

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Civil cases

Any party wishing to file a motion in limine must first confer in good faith with the opposing party in an effort to resolve the dispute. Any motion in limine must include a representation that the meet-and-confer process occurred and was unsuccessful;

Summary: Parties must meet and confer in good faith before filing a motion in limine, and the motion must state the conference occurred and was unsuccessful.

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If there are any discovery disputes, the parties are required to confer with one another in an effort to resolve the dispute without the need for Court intervention. If the parties are unable to resolve their dispute, either party may file a letter-motion, no longer than three pages and in accordance with Section 1 above, explaining the nature of the dispute and requesting an informal conference. If the opposing party wishes to respond to the letter, it must file a responsive letter within five business days, not to exceed three pages.

Summary: Discovery disputes require letter-motion (max 3 pages) and 5-day response.

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Civil cases

Pre-motion conferences are not required, except for motions concerning discovery, which are governed by Section 2.E above, and for summary-judgment motions, which are governed by Section 3.I below.

Summary: Pre-motion conferences not required except for discovery motions and summary judgment motions.

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Civil cases

Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. The Court enforces this requirement in both counseled and pro se cases (except where not feasible, such as when the pro se litigant is incarcerated) and will not consider any discovery dispute where the moving party has not satisfied the good-faith conference requirement.

Summary: Good-faith conference required before filing discovery disputes; Court will not consider disputes without this requirement met.

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Civil cases

Motions to exclude expert testimony must be made by the deadline for dispositive motions and should not be treated as a motion in limine.

Summary: Expert testimony exclusion motions must meet dispositive motion deadline, not treated as in limine.

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Civil cases

If the opposing party wishes to respond to the letter, it must inform the Court within one business day that a responsive letter is forthcoming and file the letter within three business days. The same page limits and filing instructions apply. Reply letters are not permitted.

Summary: Opposing party must notify Court within 1 business day and file response within 3 business days; reply letters not permitted.

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Civil cases

If a party wishes to move for summary judgment or to exclude expert testimony, it must, no later than three weeks before the post discovery pre-trial conference, request that the conference serve as a pre-motion conference.

Summary: Pre-motion conference required for summary judgment/expert testimony motions, requested 3 weeks before post-discovery pretrial conference.

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If both sides intend to file summary judgment motions, the parties should confer and propose (by letter-motion or orally at a conference) a briefing structure, schedule, and page limits.

Summary: Parties must confer and propose briefing structure, schedule, and page limits for summary judgment motions.

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

Summary: Expert testimony exclusion motions must be filed by dispositive motion deadline, not as motions in limine.

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A party seeking a default judgment should not proceed by order to show cause.

Summary: Default judgment motions must not be filed as orders to show cause.

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requests for extensions and adjournments must be made by letter-motion, not by proposed stipulation or proposed order.

Summary: Extensions/adjournments require letter-motion, not proposed stipulations

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A party should confer with his or her adversary before making an application for a temporary restraining order unless the party seeking relief is able to satisfy the requirements for obtaining temporary relief without notice to the adverse party set forth in Rule 65(b)(1) of the Federal Rules of Civil Procedure.

Summary: Conference with adversary required before TRO application unless Rule 65(b)(1) applies

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If there are any discovery disputes, the parties are required to confer with one another in an effort to resolve the dispute without the need for Court intervention. If the parties are unable to resolve their dispute, either party may file a letter-motion, no longer than three pages and in accordance with Paragraph 1 above, explaining the nature of the dispute and requesting an informal conference. If the opposing party wishes to respond to the letter, it must promptly file a responsive letter, not to exceed three pages.

Summary: Discovery disputes must be resolved by conference before filing letter-motion (max 3 pages).

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Civil cases

Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, the party shall, in accordance with the Court’s Individual Rules and Practices in Civil Cases, promptly file a letter-motion, no longer than three pages, explaining the nature of the dispute and requesting an informal conference.

Summary: Discovery disputes require meet-and-confer before filing 3-page letter-motion

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Civil cases

Summary judgment motions, if applicable, must be filed within thirty (30) days of the close of fact or expert discovery (whichever is later). Unless otherwise ordered by the Court, any opposition to such a motion must be filed two (2) weeks after the motion is served on the opposing party, and any reply must be filed one (1) week after service of any opposition.

Summary: Summary judgment motions due 30 days after discovery closes; opposition due 2 weeks after service; reply due 1 week after opposition

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Civil cases

Any motion to exclude the testimony of experts pursuant to Rules 702-705 of the Federal Rules of Evidence and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), and its progeny, must be filed within thirty (30) days of the close of fact or expert discovery (whichever is later). Unless otherwise ordered by the Court, any opposition to such a motion must be filed two (2) weeks after the motion is served on the opposing party, and any reply must be filed one (1) week after service of any opposition. Absent leave of the Court, any party moving to exclude expert testimony must file a single motion and single, consolidated memorandum of law, consistent with Paragraph 4(C) of the Court’s Individual Rules and Practices for Civil Cases, even when seeking to exclude the testimony of multiple experts.

Summary: Expert testimony exclusion motions must be filed within 30 days of discovery close, with specific briefing schedule and single motion requirement.

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Criminal cases

Must include

conference certification ?

No motion in limine will be considered or decided unless the moving party’s submission includes a certification that, prior to filing the motion, the parties conferred, in person or by telephone, in a good faith effort to resolve the issue(s) asserted in the motion without the intervention of the Court and were unable to reach an agreement.

Summary: Motions in limine require certification of good faith conference between parties before filing.

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Civil cases

Absent leave of the Court, each party must file a single memorandum of law, consistent with Paragraph 4(C) above, in support of all motions in limine filed by that party. No motion in limine will be considered or decided unless the moving party's memorandum of law includes a certification that, prior to filing the motion, the parties conferred, in person or by telephone, in a good faith effort to resolve the issue(s) asserted in the motion without the intervention of the Court and were unable to reach an agreement;

Summary: Motions in limine require certification of good faith conference with opposing counsel before filing.

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If there are any discovery disputes, the parties are required to confer with one another in an effort to resolve the dispute without the need for Court intervention. If the parties are unable to resolve their dispute, either party may file a letter-motion, no longer than 1,050 words, explaining the nature of the dispute and requesting an informal conference. If the opposing party wishes to respond to the letter, it must file a responsive letter within five business days, not to exceed 1,050 words.

Summary: Discovery disputes require letter-motion (max 1,050 words) with 5-business-day response limit

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Civil cases

Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person, virtually or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, counsel shall promptly file on ECF a single letter-motion, jointly composed, no longer than 1,750 words, explaining the nature of the dispute and, if applicable, requesting an informal conference.

Summary: Discovery disputes require meet-and-confer, then joint letter-motion (max 1,750 words).

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B. Pre-Motion Conferences in Civil Cases. For discovery motions, follow Local Civil Rule 37.2. For motions other than discovery motions, a pre-motion conference with the court is required only before making a motion to dismiss, motion to amend or a motion for summary judgment.

Summary: Pre-motion conference required only for motions to dismiss, amend, or summary judgment.

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Civil cases

Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, a party may raise the dispute with the Court by filing a letter-motion on ECF, no longer than three pages, explaining the nature of the dispute. Such a letter must include a representation that the meet-and-confer process occurred and was unsuccessful. A party opposing the relief sought must file a response, not to exceed three pages, within three business days.

Summary: Discovery disputes require meet-and-confer before filing 3-page letter-motion, with 3-page response due within 3 business days.

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Civil cases

Unless otherwise ordered by the Court, a party seeking to file a motion must submit a pre-motion letter in accordance with 1.A above, not to exceed three pages in length absent leave of the Court, notifying the Court of its anticipated motion, summarizing the basis for the anticipated motion, and proposing a briefing schedule. All parties served with the pre-motion letter must submit a letter response, also not to exceed three pages absent leave of the Court, within three business days from the submission of the pre-motion letter.

Summary: Pre-motion letter (max 3 pages) required before filing motions, with 3-page response due within 3 business days.

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If there are any discovery disputes, the parties are required to confer with one another to try to resolve the dispute without the need for Court intervention. If the parties are unable to resolve their dispute, either party may file a letter-motion, no longer than three pages and in accordance with Paragraph 2(a) above, to raise the dispute with the Court. The letter-motion shall explain the nature of the dispute as well as the efforts to resolve the dispute and why they were unsuccessful. If the opposing party wishes to respond to the letter, it must promptly file a responsive letter, also not to exceed three pages.

Summary: Discovery disputes must first be resolved by party conference, then 3-page letter-motion allowed

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Unless otherwise ordered by the Court, papers filed in opposition to a motion must be served and filed within 30 days of service of the motion papers, and reply papers, if any, must be served and filed within two weeks of receipt of opposition papers.

Summary: Opposition papers due within 30 days; reply papers due within 2 weeks

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Criminal cases

When there is a request for substitution of defense counsel, counsel of record must file a letter-motion on ECF in accordance with 3.A above to request that a conference be scheduled as soon as possible.

Summary: Substitution of counsel requires letter-motion on ECF to schedule conference.

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Criminal cases

Any written request for a bail modification by a defendant shall be filed on ECF as a letter-motion in accordance with 3.A above and shall indicate whether the Government and Pretrial Services Officer consent to the request.

Summary: Bail modification requests must be filed as letter-motions on ECF with consent indication.

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Criminal cases

A party who wishes to appeal an adverse bail determination by the Magistrate Judge should contact Chambers to arrange a conference for that purpose. Unless otherwise ordered, the party bringing the appeal must provide to the Court, no fewer than 24 hours before the conference, the transcript of the argument on bail before the Magistrate Judge, and any written submissions before the Magistrate Judge as to bail.

Summary: Bail appeals require conference and submission of transcripts/submissions 24 hours before.

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Letter motions may be filed via ECF if they comply with the Local Rules and the SDNY Electronic Case Filing Rules & Instructions. All requests for adjournments, extensions, and pre-motion conferences should be filed as letter motions. Pre-motion submissions are discussed in further detail in Rule 4(A) below. If the letter motion is not on consent, any opposing party should submit a letter setting forth its position, within three business days after the initial letter motion is received. A courtesy copy of each letter motion must also be provided to Chambers via e-mail as outlined in Rule 2(B) above.

Summary: Letter motions required for adjournments/extensions/pre-motion conferences; 3-day response time; courtesy copy to Chambers

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Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, the party seeking discovery shall promptly file on ECF a letter motion, no longer than three pages, explaining the nature of the dispute and requesting an informal conference.

Summary: Discovery disputes require meet-and-confer process before filing 3-page letter motion on ECF.

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If the opposing party wishes to respond to the letter, it must submit a responsive letter, not to exceed three pages, within three business days after the request is received.

Summary: Opposing party may respond to discovery letter motion within 3 business days (max 3 pages).

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To request a pre-motion conference for motions to dismiss, motions for summary judgment, motions for judgment on the pleadings, and motions for sanctions, the putative moving party shall file a letter motion, not to exceed three pages, describing the grounds for the proposed motion, and whether the motion is on consent of all parties.

Summary: Pre-motion letter (max 3 pages) required for certain motions, describing grounds and consent status.

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If the motion is not on consent, any opposing party should file a letter setting forth its position, not to exceed three pages, within three business days after the request is received.

Summary: Opposition pre-motion letter (max 3 pages) due within 3 business days if motion not on consent.

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A party must confer with his or her adversary before making an application for a temporary restraining order unless the requirements of Fed. R. Civ. P. 65(b) are met.

Summary: Must confer with adversary before filing TRO unless Rule 65(b) requirements are met.

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Civil cases

If the opposing party wishes to respond to the letter, it must submit a responsive letter, not to exceed three pages, within three business days after the request is received.

Summary: An opposing party that wishes to respond must submit a responsive letter of no more than three pages within three business days after receiving the request.

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For discovery motions, follow Local Civil Rule 37.2.

Summary: Discovery motions must follow Local Civil Rule 37.2.

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For motions other than discovery motions, a pre-motion conference with the Court is required for making any motion, except motions brought on by Order To Show Cause, motions by incarcerated pro se litigants, motions for admission pro hac vice, motions for reargument, motions for class certification, and motions described in Rule 6(b) of the Federal Rules of Civil Procedure and Rule 4(a)(4)(A) of the Federal Rules of Appellate Procedure.

Summary: Pre-motion conference required for most motions except specified exceptions.

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For motions to dismiss in lieu of an answer in fully counseled cases, the movant must send a pre-motion letter to the nonmovant, copy the Court, and file it on the docket. The letter shall include each specific argument and relevant case law supporting the movant's position as to why the complaint may fail or partially fail as a matter of law. The filing of such a letter stays the time to answer or move until further order of the Court. Within seven days, the nonmovant shall respond by similar letter, indicating either that they will amend their pleading (with a proposed deadline for filing the amended pleading) or that they do not see a need to amend, citing the relevant case law that supports their position. Should the nonmovant choose not to amend in response to movant's letter, the Court will then schedule a pre-motion conference to discuss the issues and potentially set a briefing schedule. If a complaint is ultimately dismissed on the grounds set forth in the movant's initial letter, it may be dismissed with prejudice as the nonmovant already had a chance to research the movant's arguments and amend as needed.

Summary: Motions to dismiss require pre-motion letter with arguments/case law, stay answer deadline, and allow 7-day response.

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To arrange a pre-motion conference for all other forms of motions that require them, the moving Party shall submit a letter (consistent with the procedures described above) not to exceed three pages in length (using normal margins and font) setting forth the basis for the anticipated motion. All Parties so served must submit a letter response, not to exceed three pages, within seven days from service of the notification letter.

Summary: Pre-motion conference letters limited to 3 pages; responses due within 7 days.

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For motions to dismiss in lieu of an answer in fully counseled cases, the movant must send a pre-motion letter to the nonmovant, copy the Court, and file it on the docket. The letter shall include each specific argument and relevant case law supporting the movant’s position as to why the complaint may fail or partially fail as a matter of law. The filing of such a letter stays the time to answer or move until further order of the Court.

Summary: Motions to dismiss in fully counseled cases require pre-motion letter with arguments and case law, staying the answer deadline.

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To arrange a pre-motion conference for all other forms of motions that require them, the moving Party shall submit a letter (consistent with the procedures described above) not to exceed three pages in length (using normal margins and font) setting forth the basis for the anticipated motion. All Parties so served must submit a letter response, not to exceed three pages, within seven days from service of the notification letter.

Summary: Pre-motion conference letters limited to 3 pages; responses also limited to 3 pages within 7 days.

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Civil cases

Motions: All motions and applications shall be governed by the Court's Individual Practices, including pre-motion conference requirements. Summary Judgment or other dispositive motions are due at the close of discovery. Pursuant to the undersigned's Individual Practices, the parties shall request a pre-motion conference in writing at least two (2) weeks prior to this deadline.

Summary: Pre-motion conference required for summary judgment and dispositive motions, to be requested in writing at least 2 weeks before deadline.

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If this meet- and-confer process does not resolve the dispute, the party may file on ECF a letter- motion to the Court, no longer than three (3) pages, explaining the nature of the dispute and requesting an informal conference.

Summary: If a good-faith meet-and-confer does not resolve a civil discovery dispute, the party may file an ECF letter-motion of no more than three pages explaining the dispute and requesting an informal conference.

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Required

Always ?

If a letter-motion has consent of all opposing parties, the letter-motion should prominently so indicate. If it does not, any opposing party should submit a letter setting forth its position not later than two business days after the initial letter-motion is filed.

Summary: Opposing parties must respond to non-consented letter-motions within 2 business days.

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Required

Always ?

As a general matter, a court reporter will not be present for Initial Pretrial Conferences unless a party requests one via letter-motion no later than one week before the date of the conference.

Summary: Court reporter not present at Initial Pretrial Conferences unless requested via letter-motion 1 week before.

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Required

Always ?

All Initial Pretrial Conferences will be held via teleconference unless the Court directs otherwise. Parties may request an in-person Initial Pretrial Conference by submitting a letter-motion in accordance with Paragraph 1(C) no later than one week before the date of the conference.

Summary: Initial Pretrial Conferences are via teleconference unless Court directs otherwise; in-person requests must be made 1 week before.

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Any party wishing to raise a discovery dispute with the Court must first attempt to confer in good faith with the opposing party, in person or by telephone, to try and resolve the dispute. If, after attempting to meet and confer, the dispute has not been resolved, any party may file a letter-motion on ECF, no longer than three single-spaced pages, explaining the nature of the dispute and the relief requested.

Summary: Discovery disputes require good faith meet-and-confer attempt before filing 3-page single-spaced letter-motion on ECF.

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If the parties are unable to resolve the dispute, or if, after attempting to meet and confer, the non-moving party is unavailable to meet and confer, the moving party may file a letter-motion requesting an informal conference.

Summary: Pro se discovery disputes may be resolved via informal conference if meet-and-confer fails or non-moving party unavailable.

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Applications for temporary restraining orders will be entertained only after notice to the adversary absent a persuasive showing that the giving of notice itself is likely to result in immediate and irreparable injury.

Summary: TRO applications require notice to adversary unless notice would cause immediate and irreparable injury.

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For motions other than discovery motions, a pre-motion conference with the Court is required before making any motion, except: motions by incarcerated pro se litigants; applications for temporary restraining orders; applications for injunctions; motions to dismiss in lieu of answer; motions to remand; motions for reargument; motions described in Federal Rule of Appellate Procedure 4(a)(4)(A); applications for attorneys’ fees; motions for reduction of sentences; objections to a Magistrate Judge’s ruling; petitions to compel arbitration or to confirm or modify awards; motions brought on by order to show cause; motions for admission pro hac vice; and motions pursuant to Section 21D(a)(3)(A)(i) of the Securities Exchange Act of 1934 to consolidate and for appointment of lead counsel.

Summary: Pre-motion conference required for most motions except specified exceptions.

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To arrange a pre-motion conference, the moving party shall submit a letter not to exceed 1,050 words setting forth the basis for the anticipated motion. Whereupon, the non-moving party shall, within 3 business days, submit a letter not to exceed 1,050 words setting forth its position with respect to the anticipated motion. The moving party is permitted to submit a reply letter not to exceed 700 words within 1 business day.

Summary: Pre-motion letters limited to 1,050 words (moving/non-moving) and 700 words (reply), with 3 business day response time.

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Required

Always ?

1. Pre-Motion Conference Generally Required .......................................................8

Summary: Pre-motion conference generally required

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Although a pre-motion conference is not required for a motion to dismiss, the movant must file a pre-motion letter with the Court in the manner provided in Rule III.A.1.

Summary: Pre-motion letter required for motions to dismiss (no pre-motion conference required).

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While a pre-motion conference also is not required for the following motions, the movant shall communicate with the opposing party by letter not exceeding 1,200 words, citing the controlling authorities that the movant contends would warrant granting the motion. The opposing party shall respond by similar letter within seven calendar days indicating the extent, if any, to which the opposing party concurs with movant’s objections and the amendments, if any, to be made to address them, or the reasons and controlling authority that support the pleadings as filed.

Summary: Letter communication required for certain motions with 1,200 word limit and 7 day response

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Before bringing any motion (except certain motions listed below), a party shall file a letter motion on ECF requesting a pre-motion conference. This letter shall be filed at least 10 business days before the proposed conference date and shall identify all of the issues in dispute and explain the legal and other grounds for the motion. No later than five business days after receipt of the letter, subject to any superseding deadline ordered by the Court, an adversary wishing to oppose the motion shall file on ECF a written response. Each party shall file a single letter not to exceed 1,200 words, not including any attached exhibits, for each pre-motion conference.

Summary: Pre-motion conference required for most motions with 10 business day notice and 1,200 word limit

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Before filing a motion to dismiss, a party must file a letter stating the basis for the motion and a proposed briefing schedule. The letter shall be no longer than 750 words, single-spaced. No response is required.

Summary: Pre-motion letter (max 750 words, single-spaced) required before motions to dismiss.

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Required

Always ?

The parties shall confer amongst themselves with respect to discovery demands prior to raising any issue with the Court. Parties should not contact the Court regarding discovery disputes unless they have first attempted to resolve the issue with the opposing party without the assistance of the Court.

Summary: Parties must confer on discovery disputes before contacting the Court.

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Civil cases

On _______________ at ______A.M. [usually 14 days after the close of all discovery], a pre-motion conference will be held for any anticipated dispositive motions, provided: i. A party wishing to file a summary judgment or other dispositive motion shall file a pre-motion letter at least two weeks before the conference and in the form provided in the Court’s Individual Rule III.A.1. Any party wishing to oppose shall file a responsive letter as provided in the same Individual Rule.

Summary: Pre-motion conference required for dispositive motions, with pre-motion letter due at least two weeks before conference.

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For discovery motions, follow Local Civil Rule 37.2. For motions other than discovery motions, a pre-motion conference is required before filing any motion, except applications for temporary restraining orders or for injunctive relief, motions made by persons in custody, motions to dismiss in lieu of an answer, motions for reduction of sentence, motions for reargument, motions to affirm or vacate an arbitration award, Pro Hac Vice motions, and appeals from a magistrate judge’s rulings. To arrange a pre-motion conference, the moving party shall submit a letter not to exceed three pages in length setting forth the basis for the anticipated motion.

Summary: Pre-motion conference required for most motions (except specified exceptions); moving party must submit 3-page letter explaining basis for anticipated motion.

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Civil cases

All motions and applications shall be governed by the Court’s Individual Rules, including the requirement of a pre-motion conference before a motion for summary judgment is filed.

Summary: Pre-motion conference required before filing summary judgment motions.

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Civil cases

Pursuant to the authority of Fed. R. Civ. P. 16(c)(2), any motion for summary judgment will be deemed untimely unless a request for a pre-motion conference relating thereto is made in writing no later than 14 days after the date set by the Court for the close of fact discovery

Summary: Summary judgment pre-motion conference request must be made in writing within 14 days after close of fact discovery.

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Civil cases

Unless otherwise ordered by the Court, any motions in limine shall be filed no later than four weeks before trial and in accordance with the Court’s Individual Rules; responses shall be filed within one week after the filing of a motion in limine and in accordance with the Court’s Individual Rules.

Summary: Motions in limine must be filed 4 weeks before trial; responses due 1 week after filing.

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Any party wishing to raise a discovery dispute with the Court must first confer in good faith at least once with the opposing party—in person, by videoconference, or by telephone—to resolve the dispute. If the meet-and-confer process does not resolve the dispute, the party seeking discovery must submit a letter-motion to the Court via ECF, no longer than three pages (single spaced, with standard font and margins), explaining the nature of the dispute and why the party is entitled to relief. The initial letter-motion must state: (1) the date(s), time(s), and duration of each meet-and-confer conference; (2) the names of the attorneys who participated; and (3) that the moving party informed the adversary during the last conference that the moving party believed the parties to be at an impasse and that the moving party would be requesting relief from the Court.

Summary: Discovery disputes require meet-and-confer and letter-motion (max 3 pages).

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If the opposing party wishes to respond, it must do so in a letter not to exceed three pages within two business days, and should promptly advise Chambers by email (following the instructions for email correspondence with the Court detailed in Rule I(B)(3), supra) that a responsive letter will be forthcoming. Reply letters are not permitted.

Summary: Opposition letter (max 3 pages) due within 2 business days; no replies allowed.

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If a party wishes to move for summary judgment, it must, within 14 days after the close of fact discovery, request that the pre-motion / pretrial conference previously scheduled for after the close of fact discovery serve as a pre-motion conference.

Summary: Summary judgment motions require 14-day advance request for pre-motion conference.

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A party must confer with his or her adversary before making an application for a TRO unless the requirements of Fed. R. Civ. P. 65(b) are met.

Summary: Conference required before TRO unless Rule 65(b) requirements met.

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if the party seeking relief: (1) believes that Rule 65(b)(1)'s requirements can be met and a temporary restraining order should issue without notice to the adverse party, the party should file its papers on ECF under seal and then email Chambers; or (2) is prepared to seek relief on notice to the adverse party, the party seeking relief should simultaneously file its papers on ECF, serve them on all other parties, and then email Chambers, attaching as-filed PDFs of all papers.

Summary: TRO procedures differ based on notice requirements.

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All motions, unless brought on by an Order to Show Cause, should be made with a return date six weeks after the date of service.

Summary: Motions (except OSC) require 6-week return date after service

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Any party wishing to file a motion in limine must first confer in good faith with the opposing party in an effort to resolve the dispute; all motions in limine must include a representation that the meet-and-confer process occurred and was unsuccessful.

Summary: Good faith meet-and-confer required before filing motions in limine.

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Responses are due within one week after the filing of a motion in limine. No reply briefs shall be filed.

Summary: Responses to motions in limine due within one week; no reply briefs allowed.

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The parties must meet and confer in an effort to reach agreement with respect to those findings and conclusions as to which there is no dispute; as to any agreed-upon findings and conclusions, the parties must make a joint submission.

Summary: Meet and confer required to agree on undisputed findings and conclusions.

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Pre-Motion Letters and Conferences. ............................................................................. 9

Summary: Pre-motion letter required before filing most motions

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Unless otherwise ordered by the Court, the parties shall file and serve motions addressing any evidentiary issues or other matters to be resolved in limine no later than four weeks before trial.

Summary: Motions in limine must be filed 4 weeks before trial unless otherwise ordered.

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Civil cases

Required

Always ?

The Court will generally schedule a conference pursuant to Federal Rule of Civil Procedure 16(c) to take place within one month of the filing of an Answer to the Complaint.

Summary: Initial case management conference scheduled within one month of Answer filing.

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Civil cases

Required

Always ?

Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute.

Summary: Discovery disputes require good faith meet-and-confer with opposing party before filing.

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Civil cases

Required

Always ?

If this meet-and-confer process does not resolve the dispute, the party may file on ECF a joint letter, no longer than four pages, explaining the nature of the dispute and setting forth the position of each party with respect to the disputed issue, and requesting an informal conference.

Summary: Unresolved discovery disputes may be filed as joint letter (max 4 pages) requesting informal conference.

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Civil cases

To request a pre-motion conference, the party wishing to make a motion shall file a letter, not to exceed three pages, briefly describing the motion that is contemplated and summarizing the grounds for the proposed motion, and whether the motion is on consent of all parties.

Summary: Pre-motion letter required (max 3 pages) for certain motions, describing motion and consent status.

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Civil cases

If the motion is not on consent, any opposing party should file a letter setting forth its position, not to exceed three pages, within three business days after the request is filed.

Summary: Opposition pre-motion letter (max 3 pages) due within 3 business days if motion not on consent.

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Civil cases

If the contemplated motion is for summary judgment under Rule 56 of the Federal Rules of Civil Procedure, the pre-motion conference letter must be accompanied by a copy of the movant’s Rule 56.1 statement and any letter in opposition must attach the non-movant’s Rule 56.1 Counter-Statement.

Summary: Summary judgment pre-motion letters must include Rule 56.1 statements.

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Civil cases

Pre-motion letters concerning a motion for summary judgment must be filed one week in advance of the Post-Discovery Conference (see ¶3E).

Summary: Summary judgment pre-motion letters due one week before Post-Discovery Conference.

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Civil cases

A party must confer with his or her adversary before making an application for a temporary restraining order unless the requirements of Fed. R. Civ. P. 65(b) are met.

Summary: Parties must confer with adversary before seeking TRO unless Rule 65(b) requirements are met.

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Civil cases

If a party's adversary has been notified but does not consent to temporary injunctive relief, the party seeking a restraining order must bring the application to the Court at a time mutually agreeable to the party and its adversary, so that the Court may have the benefit of advocacy from both sides in deciding whether to grant temporary injunctive relief.

Summary: TRO applications must be scheduled at mutually agreeable time when adversary doesn't consent.

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Civil cases

Pursuant to the Notice, the parties are required to file on ECF and submit via e-mail (VyskocilNYSDChambers@nysd.uscourts.gov) a joint letter and Proposed Civil Case Management Plan and Scheduling Order in PDF and Microsoft Word format one week prior to the Initial Pretrial Conference.

Summary: Parties must file joint letter and proposed case management plan one week before initial pretrial conference.

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Required

Always ?

If any party wishes to make a motion at this time, it should submit a pre-motion letter in accordance with the Court’s Individual Rules at least four days prior to this conference.

Summary: Pre-motion letter required at least 4 days before conference.

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Civil cases

All counsel must meet face-to-face for at least one hour to discuss settlement and the use of alternate dispute resolution within fourteen (14) days after the filing of a responsive pleading.

Summary: Counsel must meet face-to-face for 1 hour within 14 days of responsive pleading to discuss settlement.

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Civil cases

process, the Parties may file a joint letter on ECF, no longer than four pages, explaining the nature of the dispute and setting forth the position of each party with respect to the disputed issue, and requesting an informal conference. Such a letter must include a representation that the meet-and-confer process occurred and was unsuccessful.

Summary: Joint letter (max 4 pages) required for discovery disputes after unsuccessful meet-and-confer.

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A pre-motion conference is required before making any motion, except for motions to be brought on by an order to show cause, motions by incarcerated pro se litigants, motions for reargument, motions to remand, applications to be relieved as counsel, motions for relief from judgment, motions to vacate or confirm an arbitral award, or any other motion required by the Federal Rules of Appellate Procedure or the Federal Rules of Civil Procedure to be made by a time certain (see list below). The filing of a request for a pre-motion conference to dismiss prior to answer stays the time for the filing of an answer until after the conference is held or until further order of the Court. To request a pre-motion conference, the moving party shall submit a letter not to exceed three pages in length setting forth the basis for the anticipated motion. The other party should submit a response within three business days, not to exceed three pages in length.

Summary: Pre-motion conference required before most motions, with 3-page letter and 3-day response deadline.

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Criminal cases

When there is a substitution of Defense Counsel, counsel of record must contact the Deputy Clerk to schedule a conference. At the conference, the Court will address the application by also attend the conference.

Summary: Substitution of counsel requires conference with Deputy Clerk.

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When no pro se party is incarcerated, any party wishing to file a motion must first write a letter to the Court requesting a pre-motion conference.

Summary: Pre-motion conference required for non-incarcerated pro se cases.

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Civil cases

A pre-motion conference with the Court is required before making any other motion, except motions for admission pro hac vice, motions in limine, motions for reargument or reconsideration, and motions for temporary restraining orders or preliminary injunctions.

Summary: Pre-motion conference required for most motions except specified exceptions.

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Civil cases

To arrange a pre-motion conference, the moving party shall submit a letter, not to exceed three pages, setting forth the basis for the anticipated motion. The opposing party shall submit a letter, also not to exceed three pages, setting forth its position within three business days from the service of the moving party’s letter.

Summary: Pre-motion letter (max 3 pages) required from both parties with 3 business day response time.

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Civil cases

All motions and applications shall be governed by the Court’s Individual Practices, including pre-motion conference requirements, except that motions in limine may be made without a pre-motion conference on the schedule set forth in paragraph 11.

Summary: Motions require pre-motion conference except motions in limine.

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Civil cases

Pursuant to the authority of Rule 16(c)(2), Fed. R. Civ. P., any motion for summary judgment will be deemed untimely unless a Pre-Motion Letter relating thereto is filed no later than fourteen (14) days after the date set by the Court for the close of fact discovery.

Summary: Summary judgment motions require pre-motion letter within 14 days after fact discovery closes.

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Civil cases

Any motions in limine shall be filed after the close of discovery but sufficiently before the Final Pretrial Submission Date to allow all briefing by all parties by the Final Pretrial Submission date; the Pre-Motion Letter requirement is waived for any such motion in limine.

Summary: Motions in limine must be filed after discovery closes but before pretrial submission date; pre-motion letter waived.

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Civil cases

The filing of a Pre-Motion letter to the Court is required prior to the filing of all motions, except the following: a. Discovery motions, which are governed by 3.B. below; b. Motions brought by order to show cause; c. Motions by incarcerated pro se litigants;

Summary: Pre-motion letter required for all motions except discovery motions, motions by order to show cause, and motions by incarcerated pro se litigants

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Civil cases

The letter shall set forth in detail the legal and factual basis for the anticipated motion and a proposed schedule for the motion.

Summary: Pre-motion letter must detail legal/factual basis and proposed schedule

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Civil cases

A response to the letter shall be filed within four business days.

Summary: Response to pre-motion letter due within 4 business days

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Civil cases

If a Pre-Motion Letter seeks to file a motion to dismiss, the party responding shall unambiguously state in the first paragraph whether he, she or it seeks leave to amend.

Summary: Response to pre-motion letter for motion to dismiss must state if seeking leave to amend

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Civil cases

The transmittal of a Pre-Motion Letter for a proposed motion under Rule 12(b), Fed. R. Civ. P., stays the time to answer or move until further order of the Court.

Summary: Pre-motion letter for Rule 12(b) motion stays time to answer or move

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Civil cases

The Pre-Motion Letter shall state in the first paragraph the date of any conference scheduled before the Court.

Summary: Pre-motion letter must state date of any scheduled conference in first paragraph

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Civil cases

A Discovery Dispute Letter to the Court shall contain the certification required under Rule 37(a)(1), Fed. R. Civ. P., and set forth the full text of any a discovery request and response or objection thereto, together with any case law support and any affidavits required to adjudicate the issue.

Summary: Discovery dispute letter must include Rule 37(a)(1) certification and full discovery materials

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Civil cases

The party from whom discovery is sought shall respond within four business days and shall include any case law support and any affidavits required to adjudicate the motion.

Summary: Response to discovery dispute letter due within 4 business days with case law and affidavits

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Civil cases

Unless otherwise ordered, any motions in limine shall be filed within 21 days following the scheduled date for completion of fact and expert discovery and responded to within 14 days of service.

Summary: Motions in limine must be filed within 21 days of discovery completion and responded to within 14 days.

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Civil cases

Required

Always ?

All motions and applications shall be governed by the Court's Individual Practices, including pre-motion conference requirements.

Summary: All motions and applications must follow the Court's Individual Practices, including pre-motion conference requirements.

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As described below (Rule 3C and 3D), a pre-motion conference with the Court is required before making any motion, except: 1. Motions brought on by Order to Show Cause (See Rule 3F) 2. Motions in criminal cases. 3. Motions by Pro Se Litigants 4. Motions for Admission Pro Hac Vice 5. Motions for Reconsideration 6. Motions for Default Judgment (See Rule 3L) 7. Motions for Appointment of Lead Plaintiff

Summary: Pre-motion conference required before any motion except specified exceptions.

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Discovery disputes arising under Rules 26 through 37 or Rule 45 of the Federal Rules of Civil Procedure shall be heard only if the moving party has first conferred in good faith by telephone or in person with all other relevant parties in an effort to resolve the dispute. If this conference has not resolved the issue(s) raised, the moving party must inform the relevant parties during the conference that the moving party intends to seek relief from the Court on such issue(s). The moving party must thereafter promptly request a conference with the Court. To request a conference with the Court, the moving party shall file a letter, not to exceed three (3) pages in length and in compliance with Local Rule 11.1(b), setting forth the basis of the discovery dispute and the need for the anticipated motion. The letter must certify that the required in-person or telephonic conference took place between counsel and the relevant parties. The letter must also state the date of such conference and provide the adversary’s position as to each issue being raised (as stated by the adversary during the in-person or telephonic conference).

Summary: Discovery motions require pre-conference letter (max 3 pages) certifying good faith conference and adversary position.

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To arrange a pre-motion conference, the moving party shall file a letter, not to exceed three (3) pages in length

Summary: Pre-motion letter limited to 3 pages before motions.

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Any motions in limine must be fully briefed three business days before the final pretrial conference.

Summary: Motions in limine must be fully briefed 3 business days before final pretrial conference.

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If there are any discovery disputes, the parties are required to confer with one another in an effort to resolve the dispute without the need for Court intervention.

Summary: Parties must confer to try to resolve discovery disputes before seeking court intervention.

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Civil cases

All motions and applications shall be governed by the Court’s Individual Rules and Practices, including the requirement of a pre-motion conference before a motion for summary judgment is filed. Pursuant to the authority of Fed. R. Civ. P. 16(c)(2), any motion for summary judgment will be deemed untimely unless a request for a pre-motion conference relating thereto is made in writing within fourteen (14) days of the date in paragraph 5, i.e., the close of fact discovery.

Summary: A written request for a pre-motion conference on summary judgment must be made within 14 days after the close of fact discovery, before the motion is filed.

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Civil cases

Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute.

Summary: Parties must meet and confer in good faith before raising discovery disputes with the court.

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Civil cases

Reply letters are not invited.

Summary: Reply letters to discovery dispute letters are not permitted.

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Civil cases

Pre-motion conferences are not required, except for motions concerning discovery, which are governed by Section 2.E above, and for summary judgment motions, which are governed by Section 3.K below.

Summary: Pre-motion conferences are required only for discovery and summary judgment motions.

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Civil cases

must, within 14 days of the close of fact discovery, request that the pre-motion / pretrial conference previously scheduled for after the close of fact discovery serve as a pre-motion conference. To so request, the moving party shall submit a letter via ECF, not to exceed three single-spaced pages in length, setting forth the basis for the anticipated motion, including the legal standards governing the claims at issue. Other parties shall respond similarly within one week. The Court will review and discuss with counsel any anticipated summary judgment motions at the pre-motion / pretrial conference.

Summary: Within 14 days of fact discovery close, parties must request scheduled pretrial conferences serve as pre-motion conferences for summary judgment, submitting a 3-page single-spaced letter with other parties responding within one week.

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Civil cases

Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, the party must submit a letter to the Court via ECF, no longer than three single-spaced pages, explaining the nature of the dispute, the legal standards governing the issue, and case law, if any, supporting the party’s position.

Summary: Discovery dispute letter (max 3 single-spaced pages) required after meet-and-confer.

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Civil cases

If the opposing party wishes to respond to the letter, it must do so within three business days and should call Chambers promptly to advise that a responsive letter will be forthcoming.

Summary: Response to discovery dispute letter due within 3 business days.

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Civil cases

Pre-motion conferences are not required, except for motions concerning discovery, which are governed by Section 2.C above, and for summary judgment motions, which are governed by Section 3.H below.

Summary: Pre-motion conferences required only for discovery and summary judgment motions.

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Civil cases

If a party wishes to move for summary judgment, it must, within 14 days of the close of fact discovery, request that the pre-motion / pretrial conference previously scheduled for after the close of fact discovery serve as a pre-motion conference. To so request, the moving party shall submit a letter via ECF, not to exceed three single-spaced pages in length, setting forth the basis for the anticipated motion, including the legal standards governing the claims at issue.

Summary: Summary judgment pre-motion letter (max 3 single-spaced pages) due 14 days after discovery closes.

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Civil cases

All requests for adjournments, extensions, and pre-motion conferences (including pre-motion conferences with respect to discovery disputes) must be filed as letter-motions.

Summary: Adjournments, extensions, and pre-motion conferences must be filed as letter-motions.

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Civil cases

Parties seeking to make post-discovery dispositive motions should submit a letter to the Court in accordance with Rule 4(A) of the Court's Individual Practices by _____________________. [Insert date; typically 1 week after the close of discovery.] Opposition letters are due _____________________. [Insert date; typically 3 business days later.]

Summary: Post-discovery dispositive motions require letter submission per Rule 4(A), with opposition due 3 business days later.

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Civil cases

To request a pre-motion conference, send the Court a letter of no more than 5 pages, describing the grounds for the proposed motion and whether the

Summary: Pre-motion conference request letter limited to 5 pages.

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Civil cases

The moving party shall serve the other parties with a copy of the pre-motion letter and shall request that the other parties

Summary: Moving party must serve pre-motion letter to other parties.

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Civil cases

Pre-motion conferences are required for the following motions: discovery motions, motions to amend pleadings, motions to file a third party complaint, motions for sanctions, transfer motions, summary judgment motions, Fed. R. Civ. P. 12 motions, Fed. R. Civ. P. 21 motions, and Fed. R. Civ. P. 42 motions.

Summary: Pre-motion conferences required for specific motion types.

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Civil cases

The moving party shall serve the other parties with a copy of the pre-motion letter and shall request that the other parties submit a letter setting forth its position, of no more than 5 pages, within 3 business days after the request is made.

Summary: Other parties must respond to pre-motion letter within 3 business days (max 5 pages).

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Civil cases

All pre-motion letters should be filed in accordance with Rule I(A) above.

Summary: Pre-motion letters must follow Rule I(A) filing requirements.

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Civil cases

Requests shall be filed in accordance with Rule I(A) above.

Summary: Oral argument requests must follow Rule I(A) filing requirements.

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Civil cases

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.

Summary: Letters requesting relief must be filed as letter-motions via ECF.

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Civil cases

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.

Summary: Pre-motion conference required for most motions except specified exceptions.

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Civil cases

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.

Summary: Pre-motion letter (max 5 pages) required; opposition letter (max 5 pages) due within 5 business days; no reply letters without permission.

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Civil cases

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.

Summary: Order to Show Cause requires conference with parties before signing.

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Civil cases

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).

Summary: Request Order to Show Cause conference via letter-motion under Rule 2(C).

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Civil cases

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.

Summary: Conference with adversary required before emergency relief/TRO unless Rule 65(b) applies.

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Civil cases

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.

Summary: File letter-motion via ECF when seeking TRO, stating notice/consent status or Rule 65(b) applicability.

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Civil cases

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.

Summary: If adversary notified but doesn't consent to emergency relief, provide alternative dates for Court conference.

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Civil cases

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;

Summary: One week before preliminary injunction hearing, submit counsel contact information.

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Civil cases

ii. The elements of the claim(s) the moving party has asserted with reference to evidentiary support for each party’s position;

Summary: One week before preliminary injunction hearing, submit claim elements with evidentiary support.

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Civil cases

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;

Summary: One week before preliminary injunction hearing, submit witness list with descriptions and time estimates.

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Civil cases

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.

Summary: 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.

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Civil cases

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.

Summary: Single motion in limine allowed, must comply with Individual Practices Rule 4.

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Civil cases

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.

Summary: One week before preliminary injunction hearing, submit exhibit list with objections and pre-marking designations.

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Civil cases

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.

Summary: Filing pre-motion letter under Rule 12(b) stays time to answer or move to dismiss.

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Civil cases

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.

Summary: Pre-motion conference required before filing motion for summary judgment.

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A pre-motion conference with the Court is required before making any motion, except: (1) motions that are required by Federal Rule of Appellate Procedure 4(a)(4)(A) to be made by a date certain; and (2) pro hac vice motions.

Summary: Pre-motion conference required before any motion except FRAP 4(a)(4)(A) motions and pro hac vice motions.

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To arrange a pre-motion conference, the moving party shall submit a letter not to exceed three pages (double-spaced) in length setting forth the bases for the anticipated motion.

Summary: Pre-motion letter must not exceed 3 pages (double-spaced) and must state bases for anticipated motion.

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Required

Always ?

After the completion of discovery, the Court shall hold a conference to schedule the submission of pre-trial documents. No submissions other than those scheduled by the Court will be considered.

Summary: Pre-trial documents must be scheduled by court conference after discovery completion.

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Court noticeNotice of rule changes; check the effective date before relying on it

Applications for extensions or adjournments, applications for a premotion conference, and similar nondispositive matters may be brought by letter-motion. Other motions cannot be brought by letter-motion unless authorized by the judge’s individual practices or order issued in a particular case.

Summary: Letter-motions are permitted for extensions, adjournments, pre-motion conferences, and nondispositive matters; other motions require judicial authorization.

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Court noticeNotice of rule changes; check the effective date before relying on it

Unless the individual practices of the judge presiding over discovery require a different procedure, no motion under Fed. R. Civ. P. 26 through 37 inclusive and Fed. R. Civ. P. 45 will be heard unless counsel for the moving partymovant has first requested an informal conference with the court by letter-motion for a premotion discovery conference and that request has either been denied or the discovery dispute has not been resolved as a consequence of the conference.

Summary: Discovery motions (Fed. R. Civ. P. 26-37, 45) require a pre-motion letter-motion for an informal conference before being heard, unless the presiding judge's individual practices dictate otherwise.

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Civil cases

When a motion to dismiss is filed, the non-moving party must, within fourteen (14) days of receipt of the motion, notify the Court and its adversary in writing whether (i) it intends to file an amended pleading and when it shall do so, or (ii) it will rely on the pleading being attacked.

Summary: Non-moving party must notify court within 14 days of motion to dismiss whether amending or relying on pleading

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Civil cases

Letter-motions filed via ECF must comply with the S.D.N.Y. Local Rules and the S.D.N.Y. “Electronic Case Filing Rules and Instructions.” In particular, all requests for adjournments, extensions, and pre-motion conferences with respect to discovery disputes should be filed as letter-motions.

Summary: Requests for adjournments, extensions, and pre-motion conferences for discovery disputes must be filed as letter-motions via ECF

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Civil cases

A plaintiff seeking a default judgment must proceed by way of a motion pursuant to the procedure set forth in Attachment A.

Summary: Default judgments must be sought by motion following Attachment A procedure

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Civil cases

Before seeking a default judgment, a plaintiff must seek the entry of default under Fed. R. Civ. P. 55(a) by filing a “Request to Enter Default” and other supporting papers consistent with Local Civil Rule 55.1.

Summary: Entry of default under Rule 55(a) required before default judgment motion.

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Civil cases

Required

Always ?

Any party wishing to raise a discovery dispute with the Court must first meet and confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute.

Summary: Discovery disputes must first be resolved through good faith meet and confer.

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Civil cases

Required

Always ?

If this process fails and the Court’s intervention is required, the parties must jointly call Chambers to hold a joint teleconference with the Court for prompt resolution of the dispute.

Summary: Failed discovery disputes require joint call to Chambers for teleconference with Court.

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Civil cases

Before filing a Motion to Strike, the moving party must coordinate a teleconference with Chambers to discuss the proposed motion.

Summary: Pre-motion teleconference required before filing Motion to Strike

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Civil cases

Motions to exclude the testimony of experts should not be treated as motions in limine. If the parties anticipate that there will be a dispute over the admissibility of expert testimony, the issue must be raised at the status conference following the close of fact discovery so that the Court may set an appropriate briefing schedule. If such a dispute arises after that status conference, the party disputing the admissibility of the expert's testimony must promptly notify the Court so that an appropriate briefing schedule may be set.

Summary: Expert testimony disputes must be raised at status conference after fact discovery.

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Civil cases

Absent good cause, the Court generally will not consider summary judgment motions in non-jury cases. If a party wishes to move for summary judgment in a non-jury case, that party should raise the issue in the parties' joint letter submitted before the status conference following the close of fact discovery.

Summary: Summary judgment motions generally not available in non-jury cases without good cause.

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A conference must be requested before filing any motion, except: motions brought by order to show cause based on a legitimate emergency; motions required by the Federal Rules of Appellate Procedure to be made within a specified time; motions made by a pro se litigant in custody; motions for default judgment, pro hac vice admission, reargument, remand, or attorney’s fees or sanctions; motions to affirm or vacate an arbitration award; and objections to a Magistrate Judge’s ruling.

Summary: Pre-motion conference required before filing motions, with specific exceptions.

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The attorney who will serve as principal trial counsel must appear at all conferences with the Court with regard to scheduling and motions.

Summary: Principal trial counsel must appear at all scheduling and motion conferences.

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A party wishing to make a motion not excepted above should send a letter to the Court concisely describing the basis for the proposed motion and requesting a pre-motion conference.

Summary: Parties must send letter requesting pre-motion conference for motions not excepted.

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Any party opposing the motion must submit a reply letter within two business days of receiving

Summary: Opposing parties must reply within 2 business days of receiving pre-motion letter.

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Any memorandum that does not comply with these requirements will not be accepted and will be returned, and counsel may not be provided with additional time to submit a complying memorandum if any such additional extension may cause substantial prejudice to other parties in the case.

Summary: Non-compliant memoranda will be returned without additional time if prejudicial.

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Except in the most extraordinary circumstances, litigants filing an order to show cause or motion for injunctive relief must provide notice to opposing counsel before doing so. Following conferral with opposing counsel, the party filing the order or motion shall submit to the Court an agreed-upon proposed briefing schedule.

Summary: Orders to show cause or motions for injunctive relief require notice to opposing counsel and an agreed briefing schedule.

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In the event that at the conclusion of this informal procedure the parties fail to resolve a dispute over the appropriateness of the filing of a motion to dismiss, the defendant shall so notify the Court in writing, indicating why a motion to dismiss remains warranted even after plaintiff has agreed to any amendments to cure specified deficiencies, and transmit copies of the correspondence exchanged by the parties in this regard.

Summary: If pre-motion exchange fails, defendant must notify court in writing with copies of correspondence.

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All motions in limine. Opposition briefs shall be due one week after such motions are served. Reply memoranda, if any, shall be due within three days of the service of opposition motions. All motions in limine shall be fully briefed at least two weeks before trial.

Summary: Motions in limine: opposition due 1 week after service, reply due 3 days after opposition, fully briefed 2 weeks before trial.

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For discovery motions, follow Local Civil Rule 37.2, which requires the moving party to request an informal conference with the Court before the filing of any such motion. Strict adherence to Fed. R. Civ. P. 37(a)(1), the “meet and confer” rule, is required. The parties should be prepared to describe the time, place, and duration of the meeting, and to identify the counsel involved.

Summary: Discovery motions require an informal pre-filing conference per Local Civil Rule 37.2 and strict adherence to Fed. R. Civ. P. 37(a)(1) meet-and-confer requirements.

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A pre-motion conference is required before making a motion for summary judgment. To request a pre-motion conference, the moving party shall file, on ECF, a letter-motion for a conference, not to exceed 3 pages, setting forth the basis for the anticipated motion. Unless otherwise ordered by the Court, within 7 business days, the opposing party shall file a letter response on ECF, also not to exceed 3 pages, setting forth its position.

Summary: Pre-motion conference required for summary judgment motions; moving party files 3-page ECF letter-motion, opposing party files 3-page response within 7 business days.

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Unless prior permission has been granted, sur-reply memoranda will not be accepted.

Summary: Sur-reply memoranda are not accepted unless prior permission is granted by the Court.

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A party that wishes to obtain a default judgment must proceed by way of order to show cause. Follow the Default Judgment Procedure, attached hereto as Attachment A.

Summary: Default judgments must be obtained via order to show cause, following the attached Default Judgment Procedure.

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Civil cases

In cases in which Fed. R. Civ. P. 26(f) applies, counsel shall confer at least 21 days prior to the conference date and attempt in good faith to agree upon a proposed discovery plan that will ensure trial readiness within six (6) months of the conference date.

Summary: Rule 26(f) conferences must occur at least 21 days before initial conference.

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Civil cases

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.

Summary: Pre-motion conference required before filing summary judgment motions.

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Civil cases

Should either party wish to file a summary judgment motion, the parties must, within 14 days of the close of all discovery, submit a joint letter that either sets forth a joint proposed briefing schedule or sets forth the parties’ respective proposals for summary judgment briefing schedules.

Summary: Joint letter required within 14 days of discovery close for summary judgment motions.

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Civil cases

Should either party wish to file a summary judgment motion, the parties must, within 14 days of the close of all discovery, submit a joint letter that either sets forth a joint proposed briefing schedule or sets forth the parties' respective proposals for summary judgment briefing schedules.

Summary: Parties must submit a joint letter proposing summary judgment briefing schedules within 14 days of close of discovery before filing the motion.

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For discovery motions, follow Local Civil Rule 37.2, which requires the moving party to request an informal conference with the Court before the filing of any such motion.

Summary: Discovery motions require pre-motion conference with Court.

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For discovery motions, follow Local Civil Rule 37.2, which requires the moving party to request an informal conference with the Court before the filing of any such motion.

Summary: Discovery motions require a pre-motion conference per Local Rule 37.2.

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Civil cases

No discovery dispute will be heard unless the moving party (including a non-party seeking relief from a subpoena) has first conferred in good faith and in "real time" (e.g., in person or by telephone) with the adverse party or parties, in an attempt to resolve the dispute. An exchange of letters or email alone does not satisfy this requirement.

Summary: Discovery motions require good faith meet-and-confer in real time before filing.

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Civil cases

The letter-motion must succinctly set forth the basis of the dispute and the relief sought, certify that the required good faith conference took place, and state: (1) the date, time, and duration of the parties' conference; (2) the names of the counsel who participated; and (3) the position of any relevant adverse party as to each contested issue.

Summary: Discovery letter-motions must certify meet-and-confer and detail conference specifics.

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Civil cases

The letter-motion must set forth verbatim each discovery request and response in contention in accordance with Local Civ. R. 37.1 and 5.1. This requirement may be satisfied by attaching the relevant request(s) and response(s) to the letter-motion.

Summary: Discovery letter-motions must include verbatim disputed requests and responses.

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Civil cases

No discovery dispute will be heard unless the moving party (including a non-party seeking relief from a subpoena) has first conferred in good faith and in "real time" (e.g., in person or by telephone) with the adverse party or parties, in an attempt to resolve the dispute. An exchange of letters or email alone does not satisfy this requirement.

Summary: Discovery motions require good faith real-time conference before filing.

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Civil cases

Unless the Court has ordered otherwise or the parties have agreed to a different briefing schedule, any opposition to a letter-motion shall be filed within three court days of the moving letter, and any reply shall be filed within two court days of the opposition.

Summary: Opposition to letter-motions due within 3 court days; reply within 2 court days.

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Civil cases

Letter-motions, as permitted by Local Civ. R. 7.1(d) and § 13.1 of the SDNY ECF Rules & Instructions, should be filed using the "letter-motion" option, listed under "motion." In particular, parties should file as letter-motions all requests for pre-motion conferences, adjournments, extensions, increased page limits, and other relief that may be granted without a hearing.

Summary: Letter-motions must be filed using the letter-motion option for specific requests

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Civil cases

As described below, pre-motion conferences are required where the proposed motion is returnable before Judge Gorenstein, or where the proposed motion has been referred to Judge Gorenstein, except that no pre-motion conference is required for motions for admission pro hac vice, motions for reconsideration or reargument, motions listed in Fed. R. App. P. 4(a)(4)(A), motions for recusal, and applications made by order to show cause.

Summary: Pre-motion conferences required for motions before Judge Gorenstein except for pro hac vice, reconsideration, certain appeal motions, recusal, and show cause applications.

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Civil cases

Discovery Motions. No application relating to discovery (that is, any dispute arising under Rules 26 through 37 or Rule 45 of the Federal Rules of Civil Procedure) shall be heard unless the moving party has first conferred in good faith by telephone or in person with all other relevant parties in an effort to resolve the dispute. A party must respond within one business day to any request from another party to confer unless an emergency prevents such a response. If the conference with the relevant parties has not resolved the dispute, the moving party must confirm this fact with the opposing party and must inform the opposing party during the conference that as a result of the impasse the moving party intends to seek relief from the Court regarding the dispute. The moving party must thereafter promptly request a conference with the Court. See Local Civil Rule 37.2. To request a conference with the Court, the moving party shall submit a letter (normally not more than five pages) setting forth the basis of the dispute and the need for the anticipated motion. (Do not use the “Letter Motion” category on ECF for such a letter; use instead the “Letter” category.) The letter must certify that the required in-person or telephonic conference took place between the relevant parties. The letter must also state (1) the date and time of such conference, (2) the approximate duration of the conference, (3) the names of the attorneys who participated, (4) the adversary’s position as to each issue being raised (as stated by the adversary during the in-person or telephonic conference), and (5) that the moving party informed the adversary during the conference that the moving party believed the parties to be at an impasse and that the moving party would be requesting a conference with the Court. None of these requirements may be satisfied by attaching copies of communications between the parties and it is usually unhelpful to attach such communications. The party opposing the requested relief must submit a letter to the Court in response as soon as practicable and in any event within

Summary: Discovery motions require good faith conference first; moving party must certify conference details in 5-page letter; opposing party responds promptly.

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Civil cases

To arrange a pre-motion conference for non-discovery matters, the moving party shall submit a letter setting forth briefly (normally in not more than three pages) the nature of the anticipated motion. An opposing party shall respond within two business days.

Summary: Pre-motion letter (max 3 pages) required before motions to dismiss.

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Civil cases

As described below, pre-motion conferences are required where the proposed motion is returnable before Judge Gorenstein, or where the proposed motion has been referred to Judge Gorenstein, except that no pre-motion conference is required for motions for admission pro hac vice, motions for reconsideration or reargument, motions listed in Fed. R. App. P. 4(a)(4)(A), motions for recusal, and applications made by order to show cause.

Summary: Pre-motion conferences required for motions before/referred to Judge Gorenstein, except for specified exceptions.

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Civil cases

Discovery Motions. No application relating to discovery (that is, any dispute arising under Rules 26 through 37 or Rule 45 of the Federal Rules of Civil Procedure) shall be heard unless the moving party has first conferred in good faith by telephone or in person with all other relevant parties in an effort to resolve the dispute.

Summary: Discovery motions require good faith conference with opposing parties before filing.

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Civil cases

The letter must certify that the required in-person or telephonic conference took place between the relevant parties.

Summary: Conference request letter must certify that required conference took place.

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Civil cases

The letter must also state (1) the date and time of such conference, (2) the approximate duration of the conference, (3) the names of the attorneys who participated, (4) the adversary’s position as to each issue being raised (as stated by the adversary during the in-person or telephonic conference), and (5) that the moving party informed the adversary during the conference that the moving party believed the parties to be at an impasse and that the moving party would be requesting a conference with the Court.

Summary: Conference request letter must include conference date/time, duration, participants, adversary positions, and impasse notification.

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Civil cases

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

Summary: Sur-replies require prior court permission.

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Civil cases

Required

Always ?

Letter-motions filed via ECF must comply with the S.D.N.Y. Local Rules and the S.D.N.Y. “ECF Rules and Instructions.” In particular, all requests for adjournments and extensions (as discussed in Rule I(F) and I(G), supra), and pre-motion conferences (including pre-motion conferences with respect to discovery disputes) (as discussed in Rule II(B), infra), should be filed as letter-motions.

Summary: Letter-motions must comply with S.D.N.Y. Local Rules and ECF Rules; adjournments, extensions, and pre-motion conferences should be filed as letter-motions.

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Civil cases

As described below, unless waived by the Court, pre-motion conferences are required where the proposed motion is returnable before Judge Ricardo, except that no pre-motion conference is required for motions to dismiss in lieu of answer, motions for admission pro hac vice, motions for reconsideration or reargument, motions listed in Fed. R. App. 4(a)(4)(A), any post-judgment motions, and applications made by order to show cause.

Summary: Pre-motion conferences required for motions before Judge Ricardo, except for specified motion types.

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Civil cases

No motion relating to discovery (that is, any dispute arising under Rules 26 through 37 or Rule 45 of the Federal Rules of Civil Procedure) shall be heard unless the moving party has first conferred in good faith by telephone, videoconference, or in person with all other relevant parties in an effort to resolve the dispute.

Summary: Discovery motions require good faith conference with opposing parties before filing.

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Civil cases

The moving party must thereafter promptly request a conference with the Court pursuant to Local Civil Rule 37.2. To request a conference with the Court, the moving party shall file on ECF a letter-motion setting forth the basis of the dispute and the need for the anticipated motion.

Summary: After failed discovery conference, moving party must file letter-motion requesting court conference.

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Civil cases

The letter-motion must certify that the required in-person or telephone conference took place between counsel for the relevant parties. The letter-motion must also state: (1) the date, time, and approximate duration of such conference; (2) the names of the attorneys who participated in the conference; (3) the adversary’s position as to each issue being raised (as stated by the adversary during the in-person or telephone conference); and (4) that the moving party informed the adversary during the conference that the moving party believed the parties to be at an impasse and that the moving party would be requesting a conference with the Court.

Summary: Discovery letter-motion must certify conference and include date, participants, adversary positions, and impasse notification.

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Civil cases

The party opposing the requested relief should submit a letter to the Court in response as soon as practicable and in any event within three business days, unless the parties agree otherwise (and the Court is informed of the agreed response date by letter), or an extension of time is sought and granted in accordance with paragraph I(F), supra. Non-moving parties are reminded that their letters in response should not be filed as “letter-motions” but rather as “letters.”

Summary: Opposing party must respond to discovery letter-motion within 3 business days as a letter, not letter-motion.

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Civil cases

To arrange a pre-motion conference for non-discovery matters, the moving party shall submit a letter setting forth briefly (normally not more than three pages) the nature of the anticipated motion.

Summary: Pre-motion letter (max 3 pages) required for non-discovery motions.

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Civil cases

As described below, unless waived by the Court, pre-motion conferences are required where the proposed motion is returnable before Judge Ricardo, except that no pre-motion conference is required for motions to dismiss in lieu of answer, motions for admission pro hac vice, motions for reconsideration or reargument, motions listed in Fed. R. App. 4(a)(4)(A), any post-judgment motions, and applications made by order to show cause.

Summary: Pre-motion conferences required except for specific motion types.

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Civil cases

No motion relating to discovery... shall be heard unless the moving party has first conferred in good faith by telephone, videoconference, or in person with all other relevant parties in an effort to resolve the dispute.

Summary: Discovery motions require good faith conference before filing.

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Civil cases

To arrange a pre-motion conference for non-discovery matters, the moving party shall submit a letter setting forth briefly (normally not more than three pages) the nature of the anticipated motion.

Summary: Pre-motion letter (max 3 pages) required for non-discovery motions.

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Civil cases

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

Summary: Sur-replies require prior court permission.

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Pre-motion letters seeking a conference should propose a briefing schedule and are required where the proposed motion is returnable before Judge Willis, or where the proposed motion has been referred to Judge Willis, except that no pre-motion letter is required for (i) motions for admission pro hac vice, (ii) motions by litigants in actions where a party is both pro se and incarcerated, (iii) motions for reconsideration or reargument, (iv) motions for a new trial, (v) motions in limine, (vii) motions listed in Fed. R. App. P. 4(a)(4)(A), (viii) motions for recusal, (ix) habeas corpus petitions, (x) applications made by order to show cause, and (xi) Federal Rule of Civil Procedure 12(b)(6) motions to dismiss in lieu of an Answer.

Summary: Pre-motion letters required for most motions before Judge Willis except specified exemptions

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Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If the meet-and-confer does not resolve the dispute, a party may submit a letter motion no longer than 3 single-spaced pages, explaining the nature of the dispute and requesting a conference. Such letter motion must state when the meet-and-confer occurred. Any responsive letter should be submitted within 3 business days after submission of the letter motion and should be no longer than 3 single-spaced pages. Failure to respond within 3 business days will result in a waiver of any objections. The Court will endeavor to resolve the issue without a conference and without the need for formal briefing. However, if formal briefing is required, the Court will either schedule a conference or set a schedule for such briefing.

Summary: Discovery disputes require meet-and-confer, then 3-page letter motion, 3-day response window, waiver for late response

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To arrange a pre-motion conference for non-discovery matters, the moving party shall submit a letter motion in accordance with Individual Practice I.B. The letter motion should set forth the nature of the anticipated

Summary: Non-discovery pre-motion conferences require letter motion following Individual Practice I.B requirements

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Civil cases

The Notice will direct the parties to file on ECF, approximately one week prior to the conference, a joint proposed Case Management Plan and Scheduling Order (using Judge Rearden’s fillable Civil Case Management Plan and Scheduling Order), as well as a joint letter. At that time, one courtesy copy of the pleadings should also be emailed to ReardenNYSDChambers@nysd.uscourts.gov.

Summary: One week before conference, file joint Case Management Plan and Scheduling Order on ECF, plus joint letter and email courtesy copy of pleadings.

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Civil cases

Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party—in person, virtually, or by telephone—in an effort to resolve the dispute. Conferring in writing does not satisfy this requirement.

Summary: Good faith meet-and-confer required before filing discovery dispute letter-motion.

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Civil cases

Unless the requirements of Federal Rule of Civil Procedure 65(b) are met, the movant shall confer with its adversary before making an application for a temporary restraining order or other emergency relief.

Summary: Good faith meet-and-confer required before TRO application unless Rule 65(b) requirements met.

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Civil cases

A pre-motion conference is required only for discovery-related motions (including discovery letter-motions addressed in Rule 3.C). A pre-motion conference will not be held for any other motion.

Summary: Pre-motion conferences required only for discovery-related motions.

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Civil cases

Motions addressing any evidentiary issues or other matters that should be resolved in limine. Opposition papers shall be filed within seven days thereafter. Replies will not be entertained.

Summary: Motions in limine opposition due within 7 days, replies not permitted.

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Civil cases

Responses or oppositions to those legal issues shall be filed within one week thereafter.

Summary: Responses to pretrial memorandum due within one week.

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Civil cases

File a motion for default judgment pursuant to Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(b). A party seeking a default judgment should not proceed by order to show cause.

Summary: Motion for default judgment required under FRCP 55(b)(2) and Local Rule 55.2(b); order to show cause not permitted.

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The Parties themselves should not attend the call.

Summary: Parties must not attend the pre-conference phone call.

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For discovery motions, follow Local Civil Rule 37.2 requiring the moving party to request an informal conference with the Court before the filing of any such motion.

Summary: Discovery motions require informal conference with Court before filing.

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A pre-motion conference with the Court is required before making any other motions, except motions for admission pro hac vice, motions for re-argument or reconsideration, motions pursuant to Fed. R. Civ. P. 11(c)(2), or motions for which the Court has already set a briefing schedule.

Summary: Pre-motion conference required for most motions except specified exceptions.

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The opposing party shall submit a response via ECF, not to exceed three pages in length, within 3 business days from the date the moving party’s letter was filed.

Summary: Opposing party must respond via ECF (max 3 pages) within 3 business days.

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To arrange a pre-motion conference, the moving party shall submit a letter via ECF, not to exceed three pages in length, setting forth the basis for the anticipated motion.

Summary: Pre-motion letter via ECF (max 3 pages) required to arrange pre-motion conference.

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Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, the party may submit an ECF letter-motion to the Court, not to exceed 3 pages, explaining the nature of the dispute and requesting a conference. Such letter 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.

Summary: Discovery disputes require meet-and-confer, then 3-page ECF letter-motion with 3-day response time.

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A pre-motion conference is required for all motions except (i) letter motions specified in 1(b) above; (ii) motions that are required by the Federal Rules of Appellate Procedure or the Federal Rules of Civil Procedure to be made by a certain time, (iii) motions by litigants in actions where a party is incarcerated and pro se, (iv) motions for reconsideration, (v) motions for a new trial, (vi) motions in limine, (vii) motions to dismiss habeas corpus petitions, (viii) motions for default (see also Appendix A); and (ix) motions for judgment on the pleadings or summary judgment in social security cases.

Summary: Pre-motion conference required for all motions except specified exemptions.

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Letters requesting a pre-motion conference should summarize the basis of the motion and follow the procedures for communicating with the Court set forth in Section I. Letters may not exceed 3 pages. Within 3 business days of receipt of the letter, each opposing party may submit a written response of no more than 3 pages.

Summary: Pre-motion letter limited to 3 pages; responses limited to 3 pages within 3 business days.

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Civil cases

A pre‐motion conference is required for all other motions except: (1) motions that are required by the Federal Rules of Appellate Procedure or the Federal Rules of Civil Procedure to be made by a certain time; (2) motions by litigants in actions where a party is incarcerated and pro se; (3) motions for reconsideration; (4) motions for a new trial; (5) motions in limine; (6) motions to dismiss habeas corpus petitions; and (7) motions for judgment on the pleadings and motions to dismiss under Fed. R. Civ. P. 12.

Summary: Pre-motion conference required for all motions except specific enumerated exceptions

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Civil cases

If a motion pursuant to Fed. R. Civ. P. 12(b) or 12(c) is contemplated, the parties shall meet and confer in advance so that the plaintiff or counterclaimant can consider whether they wish 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, the parties shall submit a proposed briefing schedule to the Court. 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 Counterclaimant] declined an opportunity to amend.”

Summary: Pre-motion conference required for Rule 12(b)/(c) motions with specific statement requirement

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Civil cases

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 II.

Summary: Oral argument requests must be made by letter after motion is fully briefed

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Civil cases

Each party shall file and serve any motions in limine at the same time as the proposed pretrial order. Within two weeks of filing the proposed pretrial order, each party shall file and serve its opposition to any motion in limine. There shall be no replies for motions in limine.

Summary: Motions in limine must be filed with proposed pretrial order; oppositions due within 2 weeks; no replies allowed.

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Civil cases

Any party wishing to raise a discovery dispute with the Court must first meet and confer in good faith with the opposing party, in person or by telephone or video conferencing, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, the party may file a letter motion with the Court or, if applicable, to the Pro Se Intake Clerk, no longer than 3 single-space pages, explaining the nature of the dispute and requesting a conference. Such letter must include a representation that the meet-and-confer process occurred, including when and whether it was in person or over the telephone.

Summary: Discovery disputes require good-faith meet and confer before a letter motion; the letter is limited to 3 single-spaced pages and must certify that meet and confer occurred.

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Civil cases

Except in cases involving pro se parties, if a motion pursuant to Fed. R. Civ. P. 12(b) or 12(c) is contemplated, the moving party must so inform the plaintiff or counterclaimant and explain the basis for the anticipated motion. The plaintiff or counterclaimant must then indicate whether they wish 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, 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: Before filing a Rule 12(b) or 12(c) motion, the moving party must notify plaintiff and offer a chance to amend; if declined, the notice of motion must include a specific certification statement.

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Civil cases

Required

Always ?

A pre-motion conference with the Court is required for all other motions except for (i) motions by incarcerated pro se litigants, (ii) motions for reconsideration, (iii) motions for a new trial, (iv) motions in limine, and (v) motions required by the Federal Rules of Appellate Procedure or the Federal Rules of Civil Procedure to be made by a time certain.

Summary: A pre-motion conference is required before filing any motion, except motions by incarcerated pro se litigants, reconsideration, new trial, motions in limine, and time-certain federal rule motions.

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Civil cases

Required

Always ?

Letters requesting a pre-motion conference should summarize the basis of the motion and may not exceed 3 pages single-spaced. Within 3 business days following submission of the requesting letter, each opposing party may submit a written response of no more than 3 pages.

Summary: Pre-motion conference request letters are limited to 3 single-spaced pages and must summarize the motion basis; each opposing party has 3 business days to respond with up to 3 pages.

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Civil cases

Each party shall file and serve any motions in limine at the same time as the proposed pretrial order. Within two weeks thereafter, each party shall file and serve its opposition to any motion in limine. There shall be no replies unless requested by the Court.

Summary: Motions in limine are filed with the pretrial order; oppositions are due two weeks later; no replies without court permission.

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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.”

Summary: 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.

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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.

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

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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.

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

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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.

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

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

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

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Civil cases

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.

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

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Civil cases

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.

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

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Civil cases

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.

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

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Civil cases

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.

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

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Civil cases

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.

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

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Civil cases

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

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

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Civil cases

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.

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

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Civil cases

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

Summary: Sur-replies require prior Court permission.

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Civil cases

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

Summary: Responsive letters to discovery motions due within 3 business days.

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C. Discovery Disputes. 1. Requirement to Meet and Confer. The Court will not hear any discovery dispute unless the moving party (including a non‐party seeking relief) has first conferred in good faith with any adverse party to resolve the dispute. An exchange of letters or emails alone does not satisfy this requirement. Counsel must respond promptly and in good faith to any request from another party to confer in accordance with this paragraph.

Summary: Must meet and confer in good faith before filing discovery dispute; letters/emails alone insufficient

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2. Letter‐Motion for Discovery Conference. If the parties have met and conferred but were unable to resolve their dispute, the moving party must request a discovery conference with the Court, by Letter‐Motion, as required by Local Civil Rule 37.2. Counsel should select the “Letter‐ Motion” option—not “Motion to Compel”—when filing on ECF. Letter- Motions may not exceed 1,050 words in length, exclusive of attachments, which should be kept to a minimum, and must clearly set forth the issues in dispute and the relief sought. As part of the Letter‐Motion, the moving party must certify that the required in‐person or telephonic conference took place between counsel for the relevant parties and, in

Summary: Discovery disputes must be filed as Letter-Motion (max 1,050 words) after meet and confer

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Where a party seeks summary judgment against a pro se litigant, the party must also comply with the notice requirements of Local Civil Rule 56.2.

Summary: Summary judgment motions against pro se litigants must comply with Local Civil Rule 56.2 notice requirements.

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Where a party moves to dismiss or for judgment on the pleadings against a pro se litigant and refers to matters outside the pleadings, the party must serve and file the notice set forth in Local Civil Rule 12.1.

Summary: Motions to dismiss or judgment on pleadings against pro se litigants must serve and file notice under Local Civil Rule 12.1 when referring to matters outside pleadings.

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Civil cases

Any party that wishes to file a motion for summary judgment shall file a pre-motion letter with the Hon. ______________________ by ______________________ (generally 14 days after the close of discovery)

Summary: Pre-motion letter required for summary judgment motions (14 days after discovery closes)

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Civil cases

Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, the party may submit an ECF letter motion to the Court, no longer than five pages, explaining the nature of the dispute and requesting an informal conference. Such letter must include evidence or a representation that the meet-and-confer process occurred, including when and whether it was in person or over the telephone. Any responsive letter should be submitted within three business days.

Summary: Discovery disputes require meet-and-confer before filing 5-page ECF letter motion; responsive letters due within 3 business days.

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No discovery dispute shall be heard unless the moving party (including a non-party seeking relief) has first conferred in good faith with the adverse party or parties by telephone or in person in an effort to resolve the dispute. An exchange of letters or emails alone does not satisfy this requirement.

Summary: Discovery disputes require good faith in-person or telephonic meet-and-confer before filing.

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Unless the Court has ordered otherwise or the parties have agreed to a different briefing schedule, 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.

Summary: Opposition to discovery Letter-Motion due in 3 business days; reply due in 1 business day.

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To arrange a pre-motion conference, the moving party should submit a letter, not to exceed 3 pages (exclusive of letterhead and signature block(s)), setting forth the basis for the anticipated motion. The opposing party should submit a letter, also not to exceed 3 pages, setting forth its position within 3 business days from the service of the moving party’s letter.

Summary: Pre-motion letters limited to 3 pages; opposition must respond within 3 business days.

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During a pre-motion conference to discuss a motion to dismiss, the non-moving party must advise the Court and its adversary whether it intends to file an amended pleading based on the pre-motion conference letter, and if so, when it will do so.

Summary: Non-moving party must state intent to amend during pre-motion conference for motions to dismiss.

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Except in pro se cases, the moving party should provide all other parties with an electronic copy of the moving party’s Statement of Material Facts Pursuant to

Summary: Moving party must provide electronic copy of Rule 56.1 Statement to all parties (except pro se cases).

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Required

Always ?

At least 14 days before the parties file their joint pretrial order, all counsel must meet for at least one hour to discuss settlement in good-faith

Summary: Settlement conference required 14 days before joint pretrial order filing

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Except for Pro Se Cases, parties must meet and confer on a discovery plan before the Initial Case Management Conference.

Summary: In cases other than pro se cases, parties must meet and confer on a discovery plan before the Initial Case Management Conference.

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The Court will not hear any discovery dispute unless the moving party (including a non-party seeking relief) has first conferred in good faith with any adverse party to resolve the dispute.

Summary: A moving party, including a non-party seeking relief, must first confer in good faith with any adverse party before the Court will hear a discovery dispute.

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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, the parties must request the Court’s approval of their alternate 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 the Court’s approval of 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 enumerated in Local Civil Rule 6.1.

Summary: Parties must get Court approval for alternate briefing schedules via notice of motion or Letter-Motion.

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Civil cases

For discovery motions (that is, any dispute arising under Rules 26 through 37 or Rule 45 of the Federal Rules of Civil Procedure), follow Local Civil Rule 37.2 with the following modifications. Any party wishing to raise a discovery dispute with the Court must first meet-and-confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, the party may submit an ECF letter-motion to the Court no longer than three (3) single-spaced pages, explaining the nature of the dispute and requesting a pre-motion conference. The letter-motion must certify that (i) the meet-and-confer process occurred, including the date, time, place, and duration of the parties’ efforts to resolve the dispute and (ii) the moving party informed the adversary during the in-person or telephonic conference that it believed the parties to be at an impasse and that the moving party would be requesting a conference with the Court. The opposing party shall submit a response via ECF, not to exceed three (3) single-spaced pages in length, within three business days after submission of the letter-motion, unless the parties agree otherwise (and the Court is informed of the agreed response date by letter).

Summary: Discovery disputes require meet-and-confer, then 3-page letter-motion with certification, response within 3 business days.

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Civil cases

For all other motions, a pre-motion conference is required, except for (i) motions to dismiss in lieu of an answer; (ii) motions for admission pro hac vice; (iii) motions for reargument or reconsideration; (iv) motions listed in Fed. R. App. 4(a)(4)(A); (v) any post-judgment motions; (vi) motions in limine; (vii) motions to dismiss habeas corpus petitions; and (viii) applications made by order to show cause. Where a pre-motion conference is required, the moving party shall file a letter (not a letter-motion) no longer than three (3) single-spaced pages in length, setting forth the basis for the anticipated motion. The opposing party shall submit a letter response via ECF, no longer than three (3) single-spaced pages in length, within five business days after submission of the moving party’s letter, unless the parties agree otherwise (and the Court is informed of the agreed response date by letter). The Court will notify the parties if a pre-motion conference is required.

Summary: Pre-motion conference required for most motions except specified exceptions; 3-page letter and 5-day response.

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When a motion to dismiss is filed, the non-moving party must, within 10 days of receipt of the motion, notify the Court and its adversary in writing whether (i) it intends to file an amended pleading and when it will do so, or (ii) it will rely on the pleading being attacked.

Summary: Non-moving party must notify Court within 10 days of motion to dismiss whether it will amend or rely on current pleading.

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Unless otherwise ordered by the Court, summary judgment motions shall be submitted within 30 days of the close of all discovery.

Summary: Summary judgment motions must be submitted within 30 days of close of discovery unless Court orders otherwise.

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A pre-motion conference with the Court is required before making any such motion. To arrange a pre-motion conference, the moving party shall submit a letter of not more than two pages setting forth the basis for the anticipated motion and explaining why exceptional circumstances justify submitting it before discovery closes. The opposing party may respond with a letter of not more than two pages within three days after the pre-motion letter is filed.

Summary: Pre-motion conference required for summary judgment before discovery closes; 2-page letter and 3-day response allowed.

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Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, the party may file a letter-motion, explaining the nature of the dispute and requesting an informal conference. Such a letter must include a representation that the meet-and-confer process occurred by telephone or in person and was unsuccessful. If the opposing party wishes to respond to the letter, it must submit a responsive letter, within two business days of the initial letter.

Summary: Discovery disputes require good-faith meet-and-confer before filing letter-motion; responses due within 2 business days.

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Unless otherwise ordered by the Court, summary judgment motions shall be submitted within 30 days of the close of all discovery.

Summary: Summary judgment motions must be submitted within 30 days after discovery closes unless otherwise ordered.

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The opposing party may respond with a letter of not more than two pages within three days after the pre-motion letter is filed.

Summary: Response to pre-motion letter limited to 2 pages and due within 3 days.

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Summary judgment motions made before the close of discovery are strongly discouraged, although the Court will consider them in exceptional circumstances. A pre-motion conference with the Court is required before making any such motion.

Summary: Pre-motion conference required for summary judgment motions filed before discovery closes.

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Letter-Motions. Letter-motions may be filed via ECF if they comply with the S.D.N.Y. Local Rules and the S.D.N.Y. “Electronic Case Filing Rules and Instructions” (the “ECF Rules”). All requests for adjournments, extensions, and pre-motion conferences (including pre-motion conferences with respect to discovery disputes) shall be filed as letter-motions.

Summary: All adjournment, extension, and pre-motion conference requests must be filed as ECF letter-motions.

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For motions other than discovery motions, a pre-motion conference with the Court is required before making any motion, except motions previously authorized by the Court, motions brought by order to show cause, motions by incarcerated pro se litigants, motions for admission pro hac vice, motions for re-argument or reconsideration, motions for appointment of lead plaintiffs and counsel in class actions, motions for remand, motions for a preliminary injunction, motions brought pursuant to Local Rule 6.3, and motions described in Rule 6(b) of the Federal Rules of Civil Procedure and Rule 4(a)(4)(A) of the Federal Rules of Appellate Procedure.

Summary: Pre-motion conference required for most civil motions except specified exceptions.

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To arrange a pre-motion conference, the moving party shall submit a letter in accordance with Rule 1.A, not to exceed three pages in length, setting forth the basis for the anticipated motion.

Summary: Pre-motion letter limited to 3 pages.

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All parties served with the letter must submit a letter response, not to exceed three pages, within three business days from submission of the notification letter.

Summary: Response to pre-motion letter due within 3 business days, max 3 pages.

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Response letters shall directly address the arguments and authorities set forth in the moving party’s letter. No party shall submit a reply letter.

Summary: Response letters must address moving party's arguments; no reply letters allowed.

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As a general matter, affidavits and exhibits are not permitted in connection with pre-motion letters without prior written request and permission. However, when submitting a pre-motion letter regarding a request to amend a pleading, the moving party shall attach: (1) the proposed amended pleading, and (2) a blackline comparison of the operative pleading and proposed amended pleading.

Summary: Affidavits/exhibits generally prohibited in pre-motion letters; required for amendment motions.

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Unless otherwise directed, and before making any discovery motion, counsel should describe their discovery disputes in a single letter, jointly composed, not to exceed five pages.

Summary: Joint discovery dispute letter (max 5 pages) required before discovery motion.

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Before filing the joint letter, the parties shall confer in an effort to resolve the dispute without court action, and the joint letter shall describe the time, place and duration of such discussions, naming the counsel involved.

Summary: Parties must confer before filing joint discovery dispute letter.

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Separate and successive letters will not be read.

Summary: Separate or successive discovery dispute letters will not be read.

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If an opposing party refuses to participate in writing a joint letter or does not provide its portion of a joint letter within 72 hours of a party’s request, a party may submit a letter without the opposing party’s contribution and shall attach a copy of the correspondence seeking the opposing party’s contribution.

Summary: Party may submit letter without opposing party's contribution if no response within 72 hours.

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The joint letter shall also describe concisely the issues in dispute and the respective positions of each party, citing the applicable authority that the respective parties claim for support.

Summary: Joint letter must describe issues, positions, and supporting authority.

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Civil cases

There shall be no cross-motions.

Summary: Cross-motions are prohibited.

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Civil cases

The plaintiff shall respond by similar letter within five 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 motion to dismiss letter within 5 business days.

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If a pre-motion conference is requested in connection with a proposed motion to dismiss, the request will stay the deadline for the requesting party to move or answer.

Summary: Requesting a pre-motion conference for a proposed motion to dismiss stays the requesting party’s deadline to move or answer.

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

Summary: Sur-replies require prior permission from the Court

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During a pre-motion conference to discuss a motion to dismiss, the non-moving party must advise the Court and its adversary whether it intends to file an amended pleading based on the pre-motion conference letter, and if so, when it will do so. If the party amends, the opposing party may then: (a) file an answer or (b) submit a letter stating that it still intends to file a motion to dismiss. No further requests for a pre-motion conference are necessary.

Summary: Special rules for pre-motion conferences on motions to dismiss regarding amended pleadings

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If the non-moving party elects not to amend its complaint and the motion to dismiss is granted, it is unlikely that the Court will grant the non-moving party leave to amend.

Summary: Leave to amend unlikely if non-moving party doesn't amend and motion to dismiss is granted

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Civil cases

Non-moving parties are on notice that declining to amend their pleadings to timely respond to an argument in the motion to dismiss may constitute a waiver of their right to later use the amendment process to cure defects that have been made apparent by the briefing.

Summary: Declining to amend after motion to dismiss may waive right to cure defects later.

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With respect to any deposition

Summary: Incomplete rule about deposition requirements for summary judgment motions.

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Civil cases

The parties should fulfill their obligations to confer as required by Federal Rule of Civil Procedure 26(f) as soon as practicable after service of the complaint.

Summary: Parties must confer under FRCP 26(f) as soon as practicable after complaint service.

Not confirmed. Read the court's wording below.WARNING?

In that event, the party should file, along with the motion, a letter explaining why the party believes it might be prejudiced if it complied with the pre-motion conference requirement.

Summary: When invoking the loss-of-right exception, the party should file a letter with the motion explaining the anticipated prejudice from compliance.

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

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

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Discovery Disputes

Summary: Discovery disputes must be addressed in pre-motion conference

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

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

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

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

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If a pre-motion conference is requested in connection with proposed motion to dismiss, the request will stay the deadline for the requesting party to move or answer, and a new deadline will be set at the conference.

Summary: Pre-motion conference request for motion to dismiss stays deadline to move or answer.

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Proposed or draft document; may not be in force

The Court does not generally hear oral argument in pro se matters. Unless otherwise ordered by the Court, the parties should not anticipate oral argument.

Summary: Oral argument generally not heard in pro se matters unless otherwise ordered.

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Civil cases

The Court does not routinely hold oral argument on motions. But a party may request oral argument by indicating “ORAL ARGUMENT REQUESTED” on the cover page of its memorandum of law.

Summary: Oral argument not routine; request by marking cover page

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Civil cases

If a party believes that the Court would benefit from oral argument for a particular reason not obvious from the parties’ briefing, the party may file a letter—not a letter-motion—explaining the reason on ECF.

Summary: Additional oral argument request requires letter, not letter-motion

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Civil cases

Pre-motion conferences are not required, except for motions concerning discovery, which are governed by Section 2.E above, and for summary-judgment motions, which are governed by Section 3.I below.

Summary: Pre-motion conferences are not required except for discovery motions and summary-judgment motions.

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Civil cases

The moving party should note that “good-faith conference” does not mean that it has merely sent its adversary a letter or email, to which the adversary has not yet responded. The Court expects that, at a minimum, the moving party will have called its adversary and made efforts to engage in a meaningful dialogue, in an attempt to resolve any discovery issues.

Summary: Good-faith conference requires meaningful dialogue, not just sending letters/emails; must attempt to resolve issues.

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Civil cases

If both sides intend to file summary judgment motions, the parties should confer and propose (no later than one week after the close of discovery) a briefing structure, schedule, and page limits.

Summary: Parties must confer within 1 week after discovery closes to propose joint briefing schedule for summary judgment motions

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The submission of a pre-motion letter does not stay any future deadlines, except that submission of a pre-motion letter concerning a motion to dismiss will stay a defendant’s time to answer or otherwise move with respect to the Complaint.

Summary: Pre-motion letters don't stay deadlines except for motions to dismiss staying defendant's answer time.

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Pre-motion submissions are not required from pro se parties. If the pro se party’s adversary files a pre-motion submission, the pro se party may, but is not required to, file a response to the pre-motion submission. Any such response shall be due three business days after the pre-motion submission is received by the pro se party.

Summary: Pre-motion submissions not required from pro se parties; response due 3 business days if adversary files.

Not confirmed. Read the court's wording below.WARNING?

For motions other than discovery motions, the Court requests, as a courtesy to the Court, that a litigant seek a pre-motion conference with the Court before making any motion, except: motions that are required by the Federal Rules of Appellate Procedure to be made by a certain time; and Temporary Restraining Orders, injunctions, motions in lieu of Answer, motions to remand, motions for re-argument or reconsideration, objections to Magistrate Judges’ rulings, applications for attorneys’ fees, motions for sanctions, motions for reduction of sentence, pro hac vice motions, motions involving persons in custody, and petitions to confirm or compel arbitration, and instances where a litigant believes that delay in filing might result in the loss of right.

Summary: For non-discovery motions, litigants are asked as a courtesy to seek a pre-motion conference, except for the listed motions and circumstances.

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Unless the parties are otherwise notified, a pending motion to dismiss the entire action cancels any previously scheduled initial scheduling conference.

Summary: A pending motion to dismiss cancels any scheduled initial scheduling conference.

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The party opposing the relief sought may respond within two (2) business days electronically, briefly describing why the relief sought should not be granted.

Summary: Opposing party may respond to discovery dispute motion within 2 business days electronically.

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Civil cases

If no party submits a letter requesting a pre-motion conference on summary judgment within the relevant deadline, the parties shall submit a joint status letter no later than seven days after the deadline for a summary judgment letter has passed.

Summary: Joint status letter required within 7 days if no summary judgment pre-motion conference requested.

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Required

Always ?

If any counsel wishes for a conference to be conducted remotely (by telephone or video), he or she should confer with all other counsel and promptly file a letter-motion to that effect in accordance with Rule I(B)(1), supra.

Summary: Remote conference requests require letter-motion filed promptly after conferring with all counsel.

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Generally Not Available in Non-Jury Cases. Absent good cause, the Court generally will not consider summary judgment motions in non-jury cases.

Summary: Summary judgment motions generally not available in non-jury cases without good cause.

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Civil cases

The Court also generally will not retain jurisdiction to enforce settlement agreements. If the parties believe that exceptional and compelling circumstances justify requesting that the Court retain jurisdiction to enforce a particular settlement agreement, the parties must file a motion containing that request and the reasons for retaining jurisdiction and attaching a copy of the settlement agreement on the public docket (or explaining why the settlement agreement cannot be made public at the time of the motion).

Summary: Court generally won't retain jurisdiction to enforce settlements; requires motion with reasons and settlement agreement.

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Civil cases

The submission of a pre-motion letter does not stay any future deadlines, except that submission of a pre-motion letter concerning a motion to dismiss will stay the defendant’s time to answer or otherwise move with respect to the complaint.

Summary: Pre-motion letters don't stay deadlines except for motions to dismiss.

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In the event that the Court, upon review of the parties’ exchange of correspondence described above, issues preliminary guidance in writing indicating that a formal motion if filed is likely to be denied in whole or in part and the defendant nonetheless proceeds with such motion filed, and the Court’s formal ruling does deny the motion in whole or in part, the Court may deem the circumstances as grounds supporting an application for appropriate sanctions against the defendant, including an award of related attorney’s fees and costs.

Summary: Filing motion after court indicates likely denial may result in sanctions against defendant.

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Sur-reply memoranda will not be accepted without prior permission of the Court and then only in the rare instances in which new controlling law is promulgated after the filing of the reply papers.

Summary: Sur-replies require court permission and only for new controlling law.

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The Court will not consider new matters raised in replies for the first time.

Summary: Court will not consider new matters raised for first time in reply memoranda.

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Civil cases

If the movant’s adversary has been notified but does not consent to temporary injunctive relief, the movant must bring the application to the Court at a mutually agreeable time, so that the Court may hear argument from both sides in reaching a determination.

Summary: If adversary notified but doesn’t consent to TRO, application must be heard at mutually agreeable time.

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

Summary: Sur-replies require prior permission.

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Civil cases

If any counsel wishes for a conference to be conducted remotely (by telephone or video), they should confer with all other counsel and promptly file a letter‐motion to that effect. Even if a motion for a remote conference is on consent, the Court does not automatically grant such motions.

Summary: Remote conference requests require letter-motion and Court approval even if on consent

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Civil cases

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.

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

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Civil cases

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

Summary: Sur-reply memoranda require prior permission from the Court.

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If the non-moving party elects not to amend its complaint and the motion to dismiss is granted, it is unlikely that the Court will grant the non-moving party leave to amend.

Summary: Leave to amend unlikely if non-moving party doesn't amend and motion to dismiss is granted.

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An exchange of letters or emails alone does not satisfy this requirement.

Summary: Exchanging letters or emails alone does not satisfy the discovery-dispute meet-and-confer requirement.

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Counsel must respond promptly and in good faith to any request from another party to confer in accordance with this paragraph.

Summary: Counsel must respond promptly and in good faith to another party’s request to confer about a discovery dispute.

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Civil cases

All counsel must meet in person for at least one hour to discuss settlement within fourteen (14) days following the close of fact discovery.

Summary: Counsel must meet in person for at least one hour to discuss settlement within 14 days after fact discovery closes.

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Civil cases

Absent good cause, the Court will not ordinarily have summary judgment practice in a non-jury case.

Summary: Summary judgment practice not ordinarily allowed in non-jury cases without good cause.

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Non-moving parties are on notice that declining to amend their pleadings to timely respond to a fully briefed argument in the motion to dismiss may well constitute a waiver of their right to use the amendment process to cure any defects that have been made apparent by the briefing.

Summary: Declining to amend after fully briefed motion to dismiss may waive right to cure defects through amendment.

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

Summary: Sur-reply memoranda require prior court permission.

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For motions other than discovery motions, pre-motion conferences are not required.

Summary: Pre-motion conferences not required for non-discovery motions

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Required

Never ?

Counsel shall not request a pre-motion or permission to file a motion.

Summary: Pre-motion conferences are not required.

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Motions shall be returnable on any day of the week.

Summary: Motions can be returnable on any day of the week.

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Counsel shall not appear in Court on the return date.

Summary: Counsel should not appear in Court on the return date.

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The Court will schedule the date and time for argument if it desires argument.

Summary: Court schedules oral argument if desired.

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Counsel shall not request a pre-motion or permission to file a motion. Motions may be filed in the discretion of the attorneys, and shall conform to the Federal Rules of Civil Procedure.

Summary: No pre-motion conference or permission required; motions may be filed at attorney discretion.

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Pre-motion conferences and pre-motion letters are not required in pro se cases.

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Civil cases

The Court shall inform the parties whether a motion for summary judgment is warranted and, if so, set a briefing schedule.

Summary: Court decides whether summary judgment motion is warranted after pre-motion letter

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Civil cases

Any motions in limine shall be filed after the close of discovery and before the Final Pretrial Submission Date and the pre-motion conference requirement is waived for any such motion.

Summary: Pre-motion conference requirement is waived for motions in limine.

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Required

Always ?

Counsel are encouraged to request a settlement conference before the assigned magistrate judge.

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The parties may request oral argument; the Court will advise counsel if argument will be heard and, if so, of the argument date.

Summary: Parties may request oral argument; Court will advise if granted and schedule date

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Civil cases

Pre-motion conferences are not required, except for disputes concerning discovery, which are governed by Paragraph 5 above.

Summary: Pre-motion conferences required only for discovery disputes.

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Civil cases

Pre-motion conferences are not required, except for disputes concerning discovery, which are governed by Paragraph 5 above.

Summary: Pre-motion conferences are not required except for discovery disputes.

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Unless otherwise ordered by the Court, oral argument will not be heard in pro se matters.

Summary: Oral argument is not heard in pro se matters unless ordered.

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Unless otherwise ordered by the Court, oral argument will not be heard in pro se matters.

Summary: Oral argument will not be heard in pro se matters unless the Court orders otherwise.

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If a pre-motion conference is requested in connection with a proposed motion to dismiss, the request will stay the deadline for the requesting party to move or answer, and a new deadline will be set at the conference or after the motion is decided.

Summary: Pre-motion conference request for motion to dismiss stays existing deadlines.

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The Court does not usually hear oral argument, but parties may request oral argument by letter at the time their moving or opposing or reply papers are filed. The Court will determine whether argument will be heard and, if so, will advise counsel of the date.

Summary: Oral argument is not usually heard but may be requested by letter when filing motion papers.

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A pre-motion conference is not required for other substantive motions.

Summary: Pre-motion conference not required for substantive motions other than discovery and summary judgment.

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If the moving party files a new motion to dismiss, the Court will terminate the prior motion to dismiss as moot.

Summary: Prior motion to dismiss terminated as moot if new motion to dismiss is filed.

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

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

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

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

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

Summary: PSLRA cases require conference and schedule in accordance with statute.

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

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

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

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

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Required

Always ?

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

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

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

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

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

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

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

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

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

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