Hon. Analisa Torres — Individual Rules of Practice

Revised

November 5, 2025

INDIVIDUAL PRACTICES IN CIVIL CASES

ANALISA TORRES, UNITED STATES DISTRICT JUDGE

SOUTHERN DISTRICT OF NEW YORK

500 PEARL STREET

NEW YORK, NEW YORK 10007

Unless otherwise ordered by Judge Torres, these Individual Practices apply to all civil

matters except for civil pro se cases (see Individual Practices in Civil Pro Se Cases, at

https://www.nysd.uscourts.gov/hon-analisa-torres).

I. Communications with Chambers

A. Contact with Chambers. Communications with the Court shall occur by letter,

except as otherwise provided below. Telephone calls to chambers are permitted

only in emergencies requiring immediate attention. Prior to calling chambers

with questions about the Court’s rules and practices, parties should review the

Court’s Individual Practices. The chambers phone number is (212) 805-0292.

Faxes to chambers are permitted only with prior authorization. Faxed

submissions shall identify the individual in chambers who authorized the fax.

Copies shall be simultaneously faxed, emailed, or hand-delivered to all counsel.

B. Letters and Letter Motions. Unless there is a request to file a letter under seal,

letters and letter motions shall be filed electronically on ECF and must comply

with the S.D.N.Y. Local Civil Rules and Electronic Case Filing Rules and

Instructions. The email address for chambers is

Torres_NYSDChambers@nysd.uscourts.gov.

Letters to be filed under seal shall be emailed to the Court in accordance with

Rule IV(A) below. Letters solely between parties or their counsel or otherwise

not addressed to the Court shall not be filed on ECF or sent to the Court (except

as exhibits to an otherwise properly filed document).

Except as provided in Rule V(G), no papers, including courtesy hard copies of

any filing or document, may be submitted to chambers. All documents must be

filed on ECF or, if permitted or required under these rules, emailed to the Court.

In the event that a party or counsel is unable to submit a document

electronically—either by ECF or email—the document may be mailed to the

Court. To the maximum extent possible, however, this means of delivery should

be avoided, as delivery of mail to the Court may be delayed.

C. Requests for Adjournments or Extensions of Time. All requests for

adjournments or extensions of time shall be made in writing and filed on ECF as

letter motions in accordance with Rule I(B) above. The letter motion shall state:

(1) the original date(s); (2) the reason for the request; (3) the number of previous

requests for adjournment or extension; (4) whether these previous requests were

granted or denied; and (5) whether the adversary consents and, if not, the reasons

given by the adversary for refusing to consent. If the requested adjournment or

extension affects any other scheduled dates, a proposed schedule shall be included

in the letter. Absent an emergency, any request for adjournments or extensions

must be made at least 48 hours prior to the scheduled appearance or deadline.

Requests for extensions will ordinarily be denied if made after the expiration of

the original deadline.

D. Related Cases. After an action has been accepted as related to a prior filing, all

future court papers and correspondence shall contain the docket number of both

the new action and the docket number of the case to which it is related (e.g., 13

Civ. 1234 [rel. 12 Civ. 4321]).

E. ECF and Attorney Appearances. In accordance with the Electronic Case Filing

Rules & Instructions, counsel are required to register as ECF filers and enter an

appearance in the case before the deadline for submitting the proposed Case

Management Plan and Scheduling Order. Instructions are available on the Court

website at https://nysd.uscourts.gov/electronic-case-filing.

II. Conferences and Case Management Plan

A. Attendance by Principal Trial Counsel. The attorney who will serve as

principal trial counsel shall appear at all conferences.

B. Scheduling Order. The Court shall generally request a jointly proposed Case

Management Plan and Scheduling Order pursuant to Federal Rule of Civil

Procedure 16(b) within two months after the filing of the complaint or notice of

removal. The Rule 16(b) Order will be docketed on ECF, and plaintiff’s counsel

(or, in a matter removed from state court, defense counsel) is directed to promptly

distribute copies to all parties. The Rule 16(b) Order will also direct the parties to

submit a joint letter with their jointly proposed Case Management Plan and

Scheduling Order.

If defense counsel has not appeared at least one week prior to the deadline for

these submissions, plaintiff’s counsel is directed to submit a letter requesting an

adjournment and informing the Court of the status of defense counsel’s

appearance and whether plaintiff intends to seek a default judgment.

If a deadline for submitting the proposed Case Management Plan and Scheduling

Order has not been set within two months after the filing of the complaint or

notice of removal, counsel shall send a letter to alert the Court.

C. Filings Required in Diversity Cases. In any action in which subject-matter

jurisdiction is founded on diversity of citizenship pursuant to 28 U.S.C. § 1332,

all parties must file a disclosure statement pursuant to Federal Rule of Civil

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Procedure 7.1(a)(2) with the party’s first appearance. Additionally, the party

asserting the existence of such jurisdiction shall, prior to the deadline for

submitting the proposed Case Management Plan and Scheduling Order, file with

the Court a letter no longer than two pages explaining the basis for that party’s

assertion that diversity of citizenship exists. Where any party is a corporation, the

letter shall state both the place of incorporation and the principal place of

business. In cases where any party is a partnership, limited partnership, limited

liability company, or trust, the letter shall state the citizenship of each of the

entity’s members, shareholders, partners, and/or trustees.

D. Discovery Disputes. All parties shall follow Local Civil Rule 37.2 with the

following modifications: A party wishing to raise a discovery dispute with the

Court shall 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 succeed, the parties shall describe the dispute in a single joint letter to the

Court, normally not exceeding six pages. The joint letter shall include a

representation that the meet-and-confer process occurred, identifying the time,

place, and duration and naming the counsel involved in the discussion.

III. Motions

A. Pre-Motion Letters in Civil Cases.

i. 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.

ii. The movant shall file a letter with the Court, normally not exceeding four

pages, setting forth the basis for the anticipated motion. Opposition

letters, normally not exceeding four pages, shall be submitted within five

business days after receipt of the movant’s letter. The parties must also

comply with the special rules set forth below for motions to dismiss or for

summary judgment. Thereafter, the Court shall notify the parties of the

briefing schedule for the motion.

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B. Special Rules for Motions to Dismiss.

i. In the case of a motion to dismiss, the parties shall exchange two sets of

pre-motion letters.

ii. First: Before the time to file a responsive pleading has expired, the

defendant shall send plaintiff a letter not exceeding three single-spaced

pages, seeking a more definite statement or setting forth the specific

pleading deficiencies in the complaint and other reasons or controlling

authorities that defendant contends would warrant dismissal. 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.

The parties shall not submit copies of these letters to the Court. If the time

to amend the complaint has expired, the plaintiff may seek leave to amend

to address deficiencies identified in this first exchange of letters. Such

leave to amend should be sought before the second exchange of letters

described in Rule III(B)(iii) below. Under these circumstances, the Court

shall liberally grant the plaintiff leave to amend and will grant the

defendant an extension of time to answer the complaint as appropriate.

(This practice may be especially effective as to certain types of motions

frequently made that may be avoidable by pre-motion communication

between the parties, with or without the Court’s involvement, including

but not limited to the following: naming a wrong defendant, misnaming a

defendant, failing to name a necessary or indispensable party, failing to

exhaust available remedies, absolute immunity, expiration of the statute of

limitations as to some or all of the claims asserted, failure to satisfy a

prerequisite to litigation such as a Right to Sue Letter, and failure to plead

the particulars of a fraud claim under Rule 9(b) of the Federal Rules of

Civil Procedure.)

iii. 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. 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.

iv. 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. 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

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waiver of their right to use the amendment process to cure any defects that

have been made apparent by the briefing. See Loreley Fin. (Jersey) No. 3

Ltd. v. Wells Fargo Sec., LLC, 797 F.3d 160, 190 (2d Cir. 2015) (leaving

“unaltered the grounds on which denial of leave to amend has long been

held proper, such as undue delay, bad faith, dilatory motive, and futility.”).

This provision does not alter the time to file a response in the Federal

Rules or the Local Rules. If the party amends, the opposing party may

then (1) file an answer; (2) file a new motion to dismiss; or (3) submit a

letter stating that it relies on the previously filed motion to dismiss. If the

moving party files an answer or a new motion to dismiss, the Court shall

deny the original motion to dismiss as moot without notice to the parties.

C. Special Rules for Summary Judgment Motions.

i. Absent good cause, the Court shall not ordinarily have summary judgment

practice in a non-jury case.

ii. Any party wishing to move for summary judgment shall provide all other

parties with an electronic copy, in Microsoft Word format, of its Statement

of Material Facts pursuant to Local Civil Rule 56.1. The movant must

simultaneously provide the other parties any admissible evidence cited in its

56.1 statement that has not previously been produced during discovery.

Opposing parties shall reproduce each entry in the movant’s Rule 56.1

Statement and set out the opposing party’s response directly beneath it.

iii. Pursuant to Rule III(A) above, 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. Opposition letters shall be

filed with the Court within five business days after receipt of the

prospective movant’s letter. The Court shall inform the parties whether a

motion for summary judgment is warranted and, if so, set a briefing

schedule.

iv. With respect to any deposition or hearing transcript that is supplied in

connection with a summary judgment motion, the transcript of a witness’

testimony shall be submitted in its entirety and in a one-page-per-sheet

format with an index.

D. Memoranda of Law. A memorandum of law shall accompany motion and

opposition papers. The typeface, margins, and spacing of motion papers shall

conform to the S.D.N.Y. Local Civil Rules and as further set forth below. See L.

Civ. R. 6.3, 7.1. Memoranda of more than ten pages shall contain a table of

contents and a table of authorities. A memorandum of law shall not incorporate

by reference any accompanying declarations or affidavits. Instead, the

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memorandum shall contain a fact section that sets forth all facts relevant to the

motion and, for each factual statement, provides one or more citations to

declarations, affidavits, or other evidence in the records. In the case of summary

judgment motions, factual statements must be supported by citations to both the

record evidence and the Rule 56.1 statement, if contained therein. Factual

statements in other sections of a memorandum shall also be followed by such

citations.

The following limits apply unless otherwise stated by the Court. Memoranda of law

in support of and in opposition to motions are limited to 8,750 words, and reply

memoranda are limited to 3,500 words. Briefs concerning objections to

magistrate judges’ rulings (including responses to such briefs) shall not exceed

7,000 words. Briefs in support of and in opposition to motions for

reconsideration are limited to 3,500 words, and reply briefs are limited to 1,750

words. These limits do not include the caption, any index, table of contents, table of

authorities, signature blocks, or any required certificates, but they do include material

contained in footnotes or endnotes. If a brief is prepared with a computer, it must

include a certificate by the attorney or the party who is not represented by an attorney

that the document complies with the word-count limits set forth above. The person

preparing the certificate may rely on the word count of the word-processing program

used to prepare the document. The certificate must state the number of words in the

document.

E. Exhibits. All exhibits shall be tabbed and indexed.

F. Format. Motion papers shall be single-sided, double-spaced, shall use 12-point

font or larger (including footnotes), and shall have one-inch margins on all sides.

Footnotes are discouraged.

G. Text Searchable. All pleadings, letters, motion papers, affidavits, or any other

document containing text shall be text searchable.

H. Amended or Corrected Filings. Any amended or corrected filing (including but

not limited to amended pleadings) shall be filed with a redline showing all

differences between the original and revised filing. Any motion to amend a

pleading shall similarly be filed with a redline showing all differences between

the operative pleading and the proposed amended pleading.

I. Filing Motion Papers. Motion papers shall be filed promptly after service.

J. Oral Argument of Motions. Parties may request oral argument by letter filed

with the Court at the time their moving, opposing, or reply papers are filed. The

Court typically does not hold oral argument on motions, but it will notify counsel

if oral argument is required.

K. Participation of Junior Attorneys. Given the decline in cases going to trial,

opportunities for courtroom advocacy are increasingly rare. To assist in the

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training of the next generation of attorneys, the Court strongly encourages

relatively inexperienced attorneys to participate in all courtroom proceedings.

Further, the Court is amenable to having multiple attorneys speak for one party if

it creates an opportunity for a lawyer who is relatively inexperienced. 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.

L. 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, motions to exclude testimony of experts

shall be made by the deadline for dispositive motions and shall not be treated as

motions in limine.

M. Default Judgments. A plaintiff seeking a default judgment shall proceed by way

of order to show cause, pursuant to the procedure set forth in Attachment A, infra.

IV. Other Pretrial Guidance

A. Electronic Filing Under Seal in Civil and Miscellaneous Cases.

i. Sealing/Redactions Not Requiring Court Approval. Federal Rule of

Civil Procedure 5.2 describes sensitive information that must be redacted

from public court filings without seeking prior permission from the Court.

Such sensitive information includes: Social Security numbers; names of

minor children; dates of birth; and financial account numbers.

Other information that should be treated with caution and may warrant a

motion for approval of sealed or redacted filing includes: personal

identifying numbers (PIN numbers); medical records, treatment and

diagnosis; employment history; individual financial information;

proprietary or trade secret information; home addresses; and information

regarding an individual’s cooperation with the government.

Sensitive information and information requiring caution must not be

included in any document filed with the Court unless such inclusion is

necessary and relevant to the case. If such information must be included,

personal identifiers must be partially redacted in accordance with the

above-cited rules and policies in order to protect any privacy interest.

ii. Sealing/Redaction Requiring Court Approval. Motions or Letter

Motions for approval of sealed or redacted filings in civil and

miscellaneous cases and the subject documents, including the proposed

sealed document(s), must be filed electronically through the court’s ECF

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system in conformity with the court’s standing order, 19 Misc. 583, and

ECF Rules & Instructions, section 6.

The motion must be filed in public view, must explain the particular

reasons for seeking to file that information under seal and should not

include confidential information sought to be filed under seal. Supporting

papers must be separately filed electronically and may be filed under seal

or redacted only to the extent necessary to safeguard information sought to

be filed under seal.

The proposed sealed document must be contemporaneously filed under

seal in the ECF system and electronically related to the motion. The

summary docket text, but not the sealed document, will be open to public

inspection and should not include confidential information sought to be

filed under seal.

Where the motion seeks approval to redact information from a document

that is to be publicly filed, the filing party shall: (a) publicly file the

document with the proposed redactions, and (b) electronically file under

seal a copy of the unredacted document with the redactions highlighted.

Both documents must be electronically filed through the ECF system and

related to the motion.

To be approved, any redaction or sealing of a court filing must be

narrowly tailored to serve whatever purpose justifies the redaction or

sealing and must be otherwise consistent with the presumption in favor of

public access to judicial documents. See, e.g., Lugosch v. Pyramid Co. of

Onondaga, 435 F.3d 110, 119–20 (2d Cir. 2006). In general, the parties’

consent or the fact that information is subject to a confidentiality

agreement between litigants is not, by itself, a valid basis to overcome the

presumption in favor of public access to judicial documents. See, e.g., In

re Gen. Motors LLC Ignition Switch Litig., No. 14 MD 2543, 2015 WL

4750774, at *4 (S.D.N.Y. Aug. 11, 2015).

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. When a party seeks leave to file sealed or redacted materials on

the ground that an opposing party or third party has requested it, that party

shall notify the opposing party or third party that it must file, within three

days, a letter explaining the need to seal or redact the materials.

Any party unable to comply with the requirement for electronic filing

under seal through the ECF system, or who has reason to believe that a

particular document should not be electronically filed, must move for

leave of the Court to file in the traditional manner, on paper.

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B. Applications for a Temporary Restraining Order. A party shall confer with its

adversary before making an application for a temporary restraining order, unless

the requirements of Rule 65(b) of the Federal Rules of Civil Procedure are met.

As soon as a party decides to seek a temporary restraining order, he or she shall

call or email chambers and state 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. If a party’s

adversary has been notified but does not consent to temporary injunctive relief,

the party seeking a restraining order shall call or email chambers in order 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 grant temporary injunctive relief.

C. Settlement Agreements. The Court shall not retain jurisdiction to enforce

confidential settlement agreements. If the parties want the Court to retain

jurisdiction to enforce the agreement, the parties shall place the terms of their

settlement agreement on the public record. The parties may either provide a copy

of the agreement for the Court to endorse or include the terms of their agreement

in their stipulation of settlement and dismissal.

D. Bankruptcy Appeals. Briefs shall be submitted in accordance with Federal

Rules of Bankruptcy Procedure 8015 through 8018 unless otherwise ordered by

the Court. Counsel may extend the default deadlines by stipulation submitted to

the Court no later than two business days before the brief is due.

V. Trial Procedures

A. Pretrial Disclosure. The parties are reminded of their obligation to make certain

disclosures regarding expert testimony pursuant to Federal Rule of Civil

Procedure 26(a)(2) and to make disclosure regarding evidence that may be

presented at trial pursuant to Federal Rule of Civil Procedure 26(a)(3). Failure to

comply with these requirements may result in preclusion or other sanctions.

B. Joint Pretrial Order. Unless otherwise ordered by the Court, within thirty days

after the date for the completion of discovery, or within thirty days after the

Court’s decision on a dispositive motion, if any, the parties shall file with the

Court, in both PDF format and as a Microsoft Word document, a proposed joint

pretrial order, which shall include the following:

i. The full caption of the action.

ii. The names; law firms; addresses; and work, cellular, and fax numbers of

trial counsel.

iii. A statement as to whether or not all parties have consented to trial by a

magistrate judge, without identifying which parties do or do not consent.

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iv. A brief statement by plaintiff as to the basis for subject-matter jurisdiction

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

subject-matter jurisdiction. Such statements shall include citations to all

statutes relied on and relevant facts as to citizenship and jurisdictional

amount.

v. A brief summary by each party of the claims and defenses that the party

asserts remain to be tried, including citations to any statutes on which the

party relies. Such summaries shall also identify all claims and defenses

previously asserted which are not to be tried. The summaries shall not

recite any evidentiary matters.

vi. A statement as to the number of trial days needed and whether the case is

to be tried with or without a jury.

vii. Any stipulations or agreed statements of fact or law to which all parties

consent.

viii. A list of all trial witnesses, indicating whether such witnesses will testify

in person or by affidavit and a brief summary of the substance of each

witness’ testimony.

ix. A designation by each party of deposition testimony to be offered in its

case-in-chief and any counter-designations and objections by any other

party.

x. A list by each party of exhibits to be offered in its case-in-chief. Each

exhibit shall be pre-marked (plaintiff to use numbers, defendant to use

letters). For any exhibit as to which there is an objection, the objecting

party shall briefly specify, next to the listing of that exhibit, the nature of

the party’s objection. Where a party objects to an exhibit on any ground

other than authenticity, the objection shall cite the Federal Rule of

Evidence that is the basis for the objection. Any objection not listed shall

be deemed waived.

xi. A statement of the damages claimed and any other relief sought, including

the manner and method used to calculate any claimed damages and a

breakdown of the elements of such claimed damages.

xii. A statement of whether the parties consent to a less-than-unanimous

verdict.

C. Required Pretrial Filings. Each party shall file and serve with the proposed

joint pretrial order:

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i. In all cases, motions addressing any evidentiary issues or other matters

which shall be resolved in limine.

ii. In all cases, a pretrial memorandum of law, if a party believes it would be

useful to the Court.

iii. In jury cases, requests to charge (including citation to authority) and

proposed voir dire questions, in accordance with the requirements of Rule

V(D) below.

iv. In non-jury cases, proposed findings of fact and conclusions of law, in

accordance with the requirements of Rule V(E)(i) below.

v. In all cases, one copy of each documentary exhibit sought to be admitted,

pre-marked and assembled sequentially in a loose leaf binder or in

separate manila folders labeled with the exhibit numbers and placed in a

suitable container for ready reference.

v. In all cases, all deposition or hearing transcripts which will be offered as

substantive evidence, as well as a one-page synopsis of those excerpts for

each deposition. Each synopsis shall include page citations to the

pertinent pages of the deposition transcripts. The parties shall submit the

entire transcript of a witness’ testimony in one-page-per-sheet format with

an index.

D. Requests to Charge and Proposed Voir Dires. In all jury cases, joint requests to

charge, joint proposed verdict forms, and joint proposed voir dire questions shall

be submitted as attachments to the proposed joint pretrial order. At the time of

filing, parties shall also submit copies of these documents to the Court by email,

as Microsoft Word documents. For any request to charge or proposed voir dire

question on which the parties cannot agree, each party shall clearly set forth its

proposed charge or question and briefly state why the Court should use its

proposed charge or question, with citations to supporting authority.

E. Additional Submissions in Non-Jury Cases. At the time the proposed joint

pretrial order is filed, each party shall:

i. File on ECF their proposed findings of fact and conclusions of law. The

proposed findings of fact shall be detailed and shall include citations to the

proffered trial testimony and exhibits, as there may be no opportunity for

post-trial submissions. At the time of filing, parties shall also submit

copies of these documents to the Court by email, both in PDF format and

as a Microsoft Word document.

ii. Mail or hand-deliver to the Court and serve on opposing counsel, but not

file on ECF, the following:

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a. Copies of affidavits constituting the direct testimony of each trial

witness, except for the direct testimony of an adverse party, a

person whose attendance is compelled by a subpoena, or a person

from whom the Court has otherwise agreed to hear direct

testimony live at the trial.

b. Three business days after submission of such affidavits, counsel

for each party shall submit a list of all affiants whom he or she

intends to cross-examine at the trial. Only those witnesses who

will testify in live direct examination or who will be cross-

examined need to appear at trial.

c. The original signed affidavits shall be brought to trial to be marked

as exhibits.

F. Filings in Opposition. 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:

i. Objections to another party’s requests to charge or proposed voir dire

questions;

ii. Opposition to any motion in limine; and

iii. Opposition to any legal argument in a pretrial memorandum.

G. Trial Schedule. Court shall be in session Monday through Friday from 9:00 a.m.

to 5:00 p.m. with a break from 1:00 to 2:00 p.m.

VI. Policy on the Use of Electronic Devices

A. Mobile Phones and Personal Electronic Devices. Attorneys’ use of mobile

phones and other personal electronic devices within the Courthouse and its

environs is governed by Standing Order M10-468. Any attorney wishing to bring

a telephone or other personal electronic device into the Courthouse shall be a

member of this Court’s Bar, shall obtain the necessary service pass from the

District Executive’s Office, and shall show the service pass upon entering the

Courthouse. Mobile phones are permitted inside the Courtroom, but they shall be

kept off at all times. Non-compliance with this rule shall result in forfeiture of the

device for the remainder of the proceedings.

B. Computers, Printers, or Other Electronic Equipment. In order for an attorney

to bring into the Courthouse any computer, printer, or other electronic equipment

not qualifying as a “personal electronic device,” specific authorization is required

by prior court order. Any party seeking to bring such equipment into the

Courthouse shall email a letter to the Court at least ten business days in advance

of the relevant trial or hearing requesting permission to use such equipment. The

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letter shall identify the type(s) of equipment to be used and the name(s) of the

attorney(s) who will be using the equipment. Chambers will coordinate with the

District Executive’s Office to issue the order and forward a copy to counsel. The

order shall be shown upon bringing the equipment into the Courthouse.

VII. Use of Generative Artificial Intelligence. Under Federal Rule of Civil Procedure Rule

11, all parties and counsel are reminded of their obligation to provide the Court with

accurate and complete representations in any pleading, written motion, or other paper

submitted to the Court. If a submission is prepared using generative artificial intelligence

(for example, ChatGPT, Harvey, CoCounsel, or Google Bard), the submitting party and

counsel must confirm for themselves that the submission, and all source material within,

is accurate and in compliance with the obligations of Rule 11. At all times, the

submitting party and their counsel bear responsibility to ensure the accuracy of any

submission made to the Court. Failure to uphold this responsibility may result in

sanctions or other corrective or disciplinary action.

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ATTACHMENT A

DEFAULT JUDGMENT PROCEDURE

Before moving for default judgment, a party must first acquire a Certificate of Default from the

Clerk of Court pursuant to Federal Rule of Civil Procedure 55(a), Local Civil Rule 55.1, and

Rule 16.1 of the Electronic Case Filing Rules & Instructions. Once the certificate has been filed

on the CM/ECF system, the party should take the following steps to seek default judgment:

1. In accordance with Rule 16.3 of the Electronic Case Filing Rules & Instructions, file the

following documents:

a. A proposed order to show cause for default judgment;

i. Leave blank the date and time of the conference. Judge Torres will set the

date and time when she signs the order.

b. An affidavit or declaration signed by a party with personal knowledge (i.e., not

the attorney in the action except in limited circumstances), which sets forth a

statement of proposed damages and the basis for each element of damages,

including a step-by-step explanation of each calculation; and

c. An affidavit or declaration in support of the order.

i. The affidavit or declaration shall set forth:

1. The basis for entering a default judgment, including a description

of the method and date of service of the summons and complaint;

2. The procedural history beyond service of the summons and

complaint, if any;

3. The legal basis, including citations to appropriate authorities, for a

finding of liability based on the allegations in the complaint;

4. Whether, if the default is applicable to fewer than all of the

defendants, the Court may appropriately order a default judgment

on the issue of damages prior to resolution of the entire action;

5. The proposed damages and the basis for each element of damages,

including interest, attorneys’ fees, and costs; and

6. Legal authority for why an inquest into damages would be

unnecessary, if applicable.

ii. The affidavit or declaration shall include as attachments:

1. A proposed default judgment;

2. A Certificate of Default from the Clerk of Court;

3. Copies of all of the pleadings; and

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4. A copy of the affidavit of service of the summons and complaint.

2. The Orders and Judgments Clerk will review the papers after they are filed on the

CM/ECF System and indicate whether there are any deficiencies. After the Orders and

Judgments Clerk approves the papers, Judge Torres will review them.

3. After Judge Torres sets the date and time of the conference and signs the order, the order

will be docketed on the CM/ECF system. Within five business days, serve a conforming

copy of the signed order and supporting papers on the defendant.

4. Within two business days of serving the order, file through the CM/ECF system: (1) the

supporting papers and (2) an affidavit of service, reflecting that the defendant was served

with a conforming copy of the order and supporting papers.

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