Hon. Peggy Kuo — Individual Rules of Practice

INDIVIDUAL PRACTICE RULES OF

MAGISTRATE JUDGE PEGGY KUO

Effective May 14, 2026

United States District Court

Eastern District of New York

225 Cadman Plaza East

Brooklyn, New York 11201

718.613.2400

Courtroom 11C South

Courtroom Deputy – Jaden Monroe

I. Communications with Chambers

A. Written Communications

All communications with Chambers must be through the Court’s Electronic Case Filing

system (ECF). (For more information on ECF, see Section II below.) In emergency

situations requiring immediate attention, telephone calls to alert the Court to a filing are

permitted.

All documents filed on ECF with the Court on a non-business day will be deemed filed

on the next business day.

B. Telephone Calls

Telephone calls to Chambers are not permitted except when immediate attention is

required.

C. Faxes

Faxes are not permitted except with the prior permission of Chambers.

D. E-mail

E-mails are permitted only for sending confidential settlement statements to Chambers,

or as otherwise directed by the Court.

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II. Case Filings

A. Mandatory Electronic Case Filing (ECF)

1. Counsel must file all documents via ECF. If you are encountering difficulties using

ECF, call the ECF Help Desk at 718.613.2312 for assistance. Do not call Chambers.

2. Orders and other notices from the Court will be posted via ECF. Only parties

registered for ECF or attorneys who have filed a Notice of Appearance in a

particular case will receive notifications. No notifications will be sent to anyone who

has not entered an appearance in a case.

3. Filing procedures for pro se cases

a. Pro se litigants are not required to file on ECF but must follow instructions

from the Clerk’s Office on communicating with the Court. Pro se litigants

must keep current contact information on file with the Court, or risk

dismissal of claims or other sanctions.

b. Counsel in cases involving pro se litigants must send copies of all documents

filed on ECF to the pro se party.

c. Court orders will be provided to pro se litigants by U.S. mail, unless otherwise

directed by the Court.

d. All pro se litigants and represented parties in cases involving pro se litigants are

directed to the relevant Local Civil Rules, including 7.2, 12.1, 33.2, and 56.2.

e. Pro se litigants may register to receive notifications via ECF. Please inquire

with the Clerks’ Office for instructions. If a pro se litigant registers to receive

notifications via ECF, II(A)(3)(b) and (c) do not apply.

B. Sealing of Submissions

Motions for leave to file documents under seal must be filed via ECF in accordance with

the EDNY’s instructions for electronically filing sealed documents. The proposed sealed

document(s) must be attached to the motion for leave to file under seal. Instructions for

filing sealed documents in civil and criminal cases are at:

https://www.nyed.uscourts.gov/sites/default/files/uploads/ecf-usermanual.pdf

For instructions on submitting confidential settlement statements, see “Settlement

Conferences,” at Section III (B) below.

C. Courtesy Copies or Other Correspondence

Do not submit courtesy copies unless asked to do so by the Court. Copies of

correspondence between or among counsel should not be sent to Chambers or filed via

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ECF. Discovery materials should not be filed on ECF, unless it is necessary for a request

for judicial intervention. (See Section VI(A)(1) below.)

III. Conferences

A. Initial Conferences

The parties must comply with the Initial Conference Order. Ten (10) business days

before the Initial Conference, the parties must meet and confer, exchange initial

disclosures, and complete the Proposed Discovery Plan/Scheduling Order

(https://www.nyed.uscourts.gov/sites/default/files/uploads/pk-discovplan.pdf). The

completed Proposed Discovery Plan/Scheduling Order must be filed on ECF at least

five (5) business days before the Initial Conference. At the Initial Conference, the

parties must be prepared to give an overview of the facts and issues of the case, discuss

the dates in the Proposed Discovery Plan/Scheduling Order, and outline the anticipated

discovery. Counsel with knowledge of the case must attend.

B. Settlement Conferences

1. Each party, or someone with settlement authority for each party (other than

counsel), must be present at the conference unless prior permission has been granted

to participate by telephone.

2. The parties must exchange a demand and offer before the Settlement Conference.

3. Confidential ex parte settlement statements must be e-mailed to Chambers

(kuo_chambers@nyed.uscourts.gov) at least seven (7) business days before the

conference, except as otherwise directed by the Court. Each settlement statement

must contain the last demand and offer made, a realistic assessment of the strengths

and weaknesses of the case, information on what is important to the client, any

barriers to settlement, and anything else that will assist the Court in helping the

parties reach an agreement.

C. Requests to Adjourn or Otherwise Change a Conference

1. All requests for adjournment of a court date or other changes (such as a request to

appear by telephone) must be made by letter and filed via ECF as a “Motion,” not a

Letter.

2. Each request must state:

a. the original date of the conference (if for an adjournment) and the number of

previous requests;

b. the reason for the request; and

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whether the other parties consent to the request, and, if not, the reasons given

for not consenting; or, if the other parties could not be reached for input, efforts

made to reach those parties.

3. If a requested adjournment affects any other scheduled dates or deadlines, a Revised

Proposed Discovery Plan/Scheduling Order must be attached.

4. Absent an emergency, requests must be made at least two (2) business days prior

to the conference. Under no circumstances should counsel make a request for

adjournment by telephone. (Counsel may, however, call the Court’s attention to a

last-minute emergency request after it is filed on ECF.)

IV. Extensions of Time

A. All requests for an extension of time to file or respond by a court-imposed deadline must

be made by letter and filed via ECF as a “Motion.”

B. Each request must state:

1. the original deadline;

2. the reason for the request;

3. the number of previous requests; and

4. whether the other parties consent, and, if not, the reasons given for not consenting;

or if the other parties could not be reached for input, efforts made to reach those

parties.

C. If a requested extension affects any other scheduled dates or deadlines, a revised Proposed

Discovery Plan/Scheduling Order must be attached, and the requesting party should also

request to adjourn any scheduled conferences believed to be affected.

D. Absent an emergency, requests must be made at least two (2) business days prior to the

deadline for which an extension is sought.

V. Confidentiality Order

A. If a party deems it necessary to have a confidentiality order in place, that order shall be in

the form of the Proposed Confidentiality Order on the Chamber’s website

(https://www.nyed.uscourts.gov/magistrate-judge-peggy-kuo).

B. If a party believes that changes to the Proposed Confidentiality Order are warranted due to

the circumstances of the case, it must submit any proposed changes to the Court, clearly

indicating what those changes are by, for example, using a “Track Changes” function or

similar method.

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VI. Motions

A. Non-Dispositive Motions

All non-dispositive pretrial motions, including discovery motions, are to be made to the

Magistrate Judge, unless otherwise specifically ordered.

1. Discovery Motions

a. Counsel are required to discuss their disputes with one another in person or by

telephone before seeking judicial intervention. Local Civil Rule 37.3(a).

b. If, after conferring in accordance with VI(A)(1)(a) above, the parties are unable

to resolve their discovery dispute, the parties are directed to file a joint letter

briefly setting out the disputed issue. The letter may be no more than three (3)

pages and must be filed via ECF as a “Motion.” If the parties’ dispute relates to

a specific discovery request or requests, the parties should attach the request or

requests to their joint letter. The Court will then schedule a conference to

discuss the dispute, usually over the telephone.

c. If the dispute cannot be resolved during the conference, the Court may order the

parties to brief a motion to compel.

d. Unless it is necessary for a joint discovery letter or a Court-ordered motion to

compel, no discovery material should be filed on the docket.

2. Non-Discovery Motions

a. At least two days prior to filing a non-dispositive non-discovery motion, the

moving party must contact the other parties to inform them of the moving

party’s intent to file the motion and give the non-moving parties the opportunity

to consent. The motion, when filed, must be accompanied by a letter certifying

compliance with this rule, and stating whether the non-moving parties consent to

the motion or, if the other parties could not be reached for input, the moving

party’s efforts to reach them.

b. No pre-motion conference with the Court is required before making non-

dispositive non-discovery motions.

c. Unless otherwise ordered by the Court, responses in opposition to a non-

dispositive non-discovery motion must be filed within ten (10) business days

after the motion is filed. Replies must be filed within five (5) business days

after the response is filed.

d. Unless prior permission has been granted, memoranda of law in support of, or in

opposition to, motions are limited to twelve (12) pages, double-spaced and

reply memoranda are limited to five (5) pages, double-spaced.

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B. Dispositive Motions

All dispositive motions, including summary judgment motions and motions to dismiss, are

to be made to the District Judge, unless all parties have consented in writing to

determination by the Magistrate Judge in accordance with 28 U.S.C. § 636 (c)(1).

Parties wishing to consent to the Magistrate Judge’s jurisdiction for the entire case, should

complete and file this form: https://www.uscourts.gov/forms/civil-forms/notice-

consent-and-reference-civil-action-magistrate-judge.

Parties wishing to consent to the Magistrate Judge’s jurisdiction for a particular dispositive

motion, should complete and file this form: https://www.uscourts.gov/forms/civil-

forms/notice-consent-and-reference-dispositive-motion-magistrate-judge.

For all dispositive motions before Judge Kuo on consent, the following rules apply:

1. A motion requesting a pre-motion conference is required before any dispositive

motion may be filed. The request must be accompanied by a summary of the

proposed motion, not to exceed three (3) pages. Responses are limited to three (3)

pages and must be filed within five (5) business days of the request. Replies are

not permitted. The time in which to respond may be modified at the request of the

parties or sua sponte.

2. A briefing schedule for the motion will be set at the pre-motion conference, if

necessary.

3. Unless prior permission has been granted, memoranda of law in support of or in

opposition to dispositive motions are limited to twenty-five (25) pages, double-

spaced, and reply memoranda are limited to ten (10) pages, double-spaced.

Length limitations may be modified at the pre-motion conference.

C. Motions Implicating Federal Rule of Appellate Procedure 4(a)(4)(A) or Similar

Time-Limiting Rules

If any party concludes in good faith that delaying the filing of a motion in order to comply

with any aspect of these Individual Practice Rules will deprive the party of a substantive

right, the party may file the motion within the time required by the Federal Rules of Civil

Procedure and/or the Federal Rules of Appellate Procedure, together with an explanation

of the basis for the conclusion.

D. Oral Argument

Parties may request oral argument by letter accompanying moving, opposition, or reply

papers. The Court will determine whether argument will be heard and, if so, will advise

counsel of the argument date and time. The Court may also order oral argument sua

sponte. The parties are not limited to one oralist per side. More than one person may

speak on behalf of each party at oral argument, but the division of responsibility must be

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conducive to the orderly conduct of oral argument, and the person with the best

knowledge of the issue is encouraged to speak to that side.

VII. Trials on Consent

A. Proposed Joint Pretrial Order in Civil Cases

Unless otherwise ordered by the Court, within sixty (60) days from the date of the

completion of discovery in a civil case, the parties must submit to the Court a proposed

Joint Pretrial Order, which shall include the following:

1. Caption: The full caption of the action.

2. Parties and Counsel: The names (including firm names), addresses, telephone numbers,

fax numbers, and e-mail addresses of trial counsel.

3. Jurisdiction: A brief statement by Plaintiff as to the basis of subject matter jurisdiction

and a brief statement by each other party as to the presence or absence of subject

matter jurisdiction. Such statements must include citations to a) all statutes and legal

doctrines relied on and b) relevant facts as to citizenship and amount in controversy.

4. Claims and Defenses: By each party, a brief summary of the elements of the claims and

defenses that the party has asserted and that remain to be tried. The summary must

include citations to all relevant statutes.

5. Damages: A brief statement of the categories and amounts of damages claimed or

other relief sought.

6. Jury or Bench Trial: A statement by each party as to whether the case is to be tried

with or without a jury, and the number of trial days needed.

7. Stipulations: A statement of stipulated facts, if any.

8. Witnesses: From each party, a list of names and addresses for the fact and expert

witnesses whose testimony is to be offered in the party’s case-in-chief, as well as any

anticipated rebuttal witnesses, together with a brief narrative statement of each

witness’s expected testimony. Only listed witnesses will be permitted to testify

unless prompt notice is given and good cause is shown.

9. Deposition Testimony: By each party, a designation of deposition testimony to be

offered by the party in its case-in-chief, along with any cross-designations and

objections by any other party.

10. Exhibits: A schedule listing exhibits to be offered in evidence and, if not admitted by

stipulation, the party or parties offering each exhibit. The schedule shall also include

possible impeachment documents and/or exhibits, and exhibits to be offered only

on rebuttal. Plaintiff’s exhibits are to be identified with the prefix “P” followed by a

number. Defendant’s exhibits are to be identified by the prefix “D” followed by a

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number. The parties must list and briefly describe the basis for any objections to the

admissibility of any exhibits to be offered by any other party. Parties are expected to

resolve before trial all issues concerning authenticity, chain of custody, and other

related grounds. Only exhibits listed will be received in evidence, except for good

cause shown.

11. Motions in Limine: A list of any proposed motions addressing evidentiary or other

issues that should be resolved in limine.

B. Exchange of Exhibits

All exhibits must be pre-marked for trial and exchanged between or among the parties at

least ten (10) business days before trial. If an exhibit is voluminous, it should be placed

in a binder with tabs. The Court needs four (4) copies of all exhibits for use at trial.

C. Additional Filing Prior to Trial in Jury Cases

Unless otherwise ordered by the Court, requests to charge and proposed voir dire questions

for the jury shall be filed on ECF one (1) week before trial. Requests to charge are limited

to the elements of the claims, the damages sought, and defenses. General instructions will

be prepared by the Court.

D. Additional Filing Prior to Trial in Non-Jury Cases

In non-jury cases, a statement of the elements of each claim or defense involving that

party, together with a summary of the facts relied upon to establish each element shall be

filed on ECF one (1) week before trial.

VIII. Courtroom Opportunities for Relatively Inexperienced Attorneys

A. The participation of relatively inexperienced attorneys in all Court proceedings, including,

but not limited to, initial conferences, status conferences, settlement conferences, and

hearings on discovery and dispositive motions, is strongly encouraged.

B. All attorneys appearing should have the degree of authority consistent with the proceeding.

For example, an attorney attending an initial conference on behalf of a party must have the

authority to commit that party to a discovery schedule and should be prepared to address

other matters likely to arise, including the party’s willingness to participate in mediation or

a settlement conference.

C. Relatively inexperienced attorneys who seek to participate in hearings of substantial

complexity (e.g., oral argument for a dispositive motion), should be accompanied and

supervised by a more experienced attorney, but the less experienced attorney should be

given a full opportunity to present the arguments and answer the Court’s questions.

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