Hon. Denise L. Cote — Individual Rules of Practice

Effective

December 19, 2024

INDIVIDUAL PRACTICES IN CIVIL CASES

DENISE COTE, United States District Judge

Chambers Courtroom

United States District Court Courtroom 18B

Southern District of New York 500 Pearl Street

500 Pearl Street New York, NY 10007

New York, NY 10007

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

matters except for civil pro se cases.

1. Communications with Chambers

A. Letters. Except as provided below, communications with Chambers should

be by letter, which shall not exceed two pages in length. Letters should be

filed electronically on ECF in accordance with the S.D.N.Y. “Electronic Case

Filing Rules and Instructions.” When a letter is accompanied by attachments

exceeding ten pages in length, the submitting party shall both file the letter on

ECF and deliver a courtesy copy to Chambers by mail or hand delivery. No

electronically filed letter shall be sent to the Court by mail unless it has an

attachment greater than ten pages. The courtesy copy must be a copy of the

filed version of the letter and include the automatically generated ECF header

(that is, the text — e.g., “Case 1:16-cv-01234-ABC Document 100 Filed

09/3/16 Page 1 of 1” — appearing at the top of each page of a document on

the ECF system). Copies of correspondence between counsel shall not be sent

to the Court (except as exhibits to an otherwise properly filed document).

B. Faxes. Faxes to Chambers are not permitted.

C. Hand Deliveries. Hand-delivered mail should be left with the Court Security

Officers at the Worth Street entrance of the Courthouse; it may not be brought

directly to Chambers. If the hand-delivered mail is urgent and requires the

Court’s immediate attention, ask the Court Security Officers to notify

Chambers that an urgent package has arrived that needs to be retrieved by

Chambers staff immediately.

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

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

as letter-motions, and should state: (1) the original due date, (2) the number of

previous requests for adjournment or extensions of time, (3) whether these

previous requests were granted or denied, and (4) 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 Revised Scheduling Order must be attached. If

the request is for an adjournment of a court appearance, absent an emergency,

the request shall be made at least 48 hours prior to the scheduled appearance.

2. Conferences

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

principal trial counsel must appear at all conferences with the Court.

B. Initial Case Management Conference. The Court will generally schedule a

Federal Rule of Civil Procedure 16 conference for a Friday within two months

of the filing of the Complaint. The Notice of Initial Pretrial Conference will

be filed on ECF. Plaintiff’s counsel is responsible for ensuring that all parties

have received copies. In accordance with the Electronic Case Filing Rules

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

appearance in the case before the initial pretrial conference. The pertinent

instructions are available on the Court website,

https://www.nysd.uscourts.gov, under the “E-Filing” menu.

C. Discovery Disputes. 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 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 on ECF

pursuant to Rule 4.J below, no longer than two 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. If the opposing party wishes to respond to the letter, it should

call Chambers to advise that a responsive letter will be forthcoming. Any

such responsive letter must be filed on ECF within one business day unless an

extension is sought and approved by the Court pursuant to Section 1.A above.

3. Applications for Temporary Restraining Orders

A. If a party wishes to seek a temporary restraining order, it should file a Motion

for a Temporary Restraining Order, supporting documents, and a proposed

order, on ECF in accordance with the procedures found in ECF Rule 18.2.

Information on filing an application ex-parte may be found in section 6,

Sealed Filing, of the S.D.N.Y. ECF Rules & Instructions, available on-line at

https://nysd.uscourts.gov/rules/ecf-related-instructions. Where the motion is

made on notice to the other parties, the moving party should simultaneously

serve the documents on any party that will not receive electronic service via

the ECF system.

B. The moving party should then email chambers at

cotenysdchambers@nysd.uscourts.gov, giving notice of the filing and the time

frame requested for Court action. Where the motion is made on notice, all

parties should be copied on the email. If the matter is time sensitive and

Chambers does not respond within two (2) hours, the moving party may

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contact the Clerk’s Office before the end of the business day at (212) 805-

0140.

4. Motions

A. Pre-Motion Conferences in Civil Cases. Pre-motion conferences are not

required, except for motions concerning discovery, which are governed by

Section 2.C above.

B. Memoranda of Law. Unless prior permission has been granted, the word and

page limits set forth in the S.D.N.Y. Local Civil Rules apply to all memoranda

of law. Memoranda of ten pages or more shall contain a table of contents.

C. Filing of Motion Papers. Motion papers shall be filed promptly after service.

D. Notices of Motions when Filing Under Seal. When leave is sought pursuant

to Section 8.B of these Practices to file a motion under seal or with redactions,

any required Notice of Motion regarding the motion to be sealed shall be

publicly filed on ECF at the time unredacted copies of the motion papers are

submitted to the Court for review.

E. Courtesy Copies. At the time any reply is served on a motion, the moving

party shall supply two courtesy copies of all motion papers, including those of

their adversaries, to Chambers by mail or delivery to the United States

Courthouse, 500 Pearl Street, New York, New York.

F. Oral Argument on Motions. 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 argument date.

G. Failure of the Court to Schedule Argument or Decide a Motion. If a

motion is not decided within 60 days of the time that it has become fully

briefed, counsel for the movant shall send a letter to alert the Court.

H. Preliminary Injunction Motions. The Court generally follows the procedure

for the conduct of non-jury trials described in Section 6 below.

I. Default Judgments. A plaintiff seeking a default judgment must proceed by

way of a Motion for Default Judgment pursuant to the procedure set forth in

Attachment A.

J. 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.” 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

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not be provided to Chambers, unless it has an attachment greater than ten

pages, as described above.

K. Filing of Documents in Unrenderable .pdf Format. Since documents that

are not in .pdf format may not be uploaded to ECF, parties seeking to file such

documents shall seek leave of the Court via letter pursuant to Section 1.A

above.

5. Other Pretrial Guidance

A. Settlement Agreements. The Court will not retain jurisdiction to enforce

confidential settlement agreements. If the parties wish that the Court retain

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

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

copy of the settlement agreement for the Court to endorse or include the terms

of their settlement agreement in their stipulation of settlement and dismissal.

B. Diversity Jurisdiction Cases. In any action in which subject matter

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

1332, the party asserting the existence of such jurisdiction shall, prior to the

Initial Pretrial Conference, file on ECF a letter no longer than two pages

explaining the basis for that party’s belief 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.

C. Bankruptcy Appeals. Briefs must be submitted in accordance with Federal

Rule of Bankruptcy Procedure 8009 and 8010. Counsel may extend the

default deadlines by stipulation submitted to the Court no later than two

business days before the brief is due.

6. Trial Procedures

A. Joint Pretrial Order. Unless otherwise ordered by the Court, within 30 days

from the date for the completion of discovery, the parties shall file on ECF a

proposed joint pretrial order, which shall include the following:

i. The full caption of the action.

ii. The names, law firms, addresses, and telephone and fax numbers

of trial counsel.

iii. 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

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shall include citations to all statutes relied on and relevant facts as

to citizenship and jurisdictional amount.

iv. 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 should not recite any evidentiary matter.

v. A statement as to the number of trial days needed and regarding

whether the case is to be tried with or without a jury.

vi. 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.

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 deposition, and a brief summary of the

substance of each witness’s 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,

with one star indicating exhibits to which no party objects on

grounds of authenticity, and two stars indicating exhibits to which

no party objects on any ground.

B. Required Pretrial Filings. Each party shall file and serve with the joint

pretrial order:

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

matters which should be resolved in limine;

ii. In all cases where a party believes it would be useful to the Court,

a pretrial memorandum of law; and

iii. In jury cases, requests to charge and proposed voir dire questions;

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

law. The proposed findings of fact should be detailed and should

include citations to the proffered trial testimony and exhibits, as

there may be no opportunity for post-trial submissions.

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C. Additional Submissions in Non-Jury Cases. At the time the joint pretrial

order is filed, each party shall mail or hand deliver to the Court and serve on

opposing counsel, but not file on ECF, the following:

i. 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 subpoena, or a person for

whom the Court has agreed to hear direct testimony live at the

trial. 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 be cross-examined need to appear at trial. The original signed

affidavits should be brought to trial to be marked as exhibits.

ii. At the close of trial, the affidavits constituting the direct testimony

of all witnesses who were called at trial shall be publicly filed on

CM/ECF by the party who called the witness.

iii. All deposition excerpts 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.

iv. All documentary exhibits when they are few in number. When

documentary exhibits are voluminous, they shall be submitted to

Chambers in digital form on a CD-rom, DVD-rom, flash drive, or

external hard drive; the most critical of the exhibits should also be

submitted in hard copy.

D. Filings in Opposition. Any party may file the following documents within

one week after the filing of the pretrial order, but in no event less than two

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.

iii. If the party has submitted a pretrial memorandum pursuant to

Section 6.B.ii, a reply to any unanticipated legal argument in

another party’s pretrial memorandum. No reply is permitted if a

party did not file a pretrial memorandum of law.

E. Courtesy Copies. Two courtesy copies of all documents identified in

Sections 6.A, B, C.i, C.iii, and D above should be mailed or hand delivered

to Chambers on the date on which they are to be served or filed. Only one

hard-copy set of documentary exhibits is required.

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F. Trial Schedule. Trials will generally be conducted Monday through

Thursday from 9:00 a.m. to 5:00 p.m., with lunch from 12:45 p.m. to 2 p.m.

7. Policy on the Use of Electronic Devices.

A. Standing Order M10-468. Attorneys’ use of mobile phones, personal

electronic devices, and general purpose computing devices such as laptops

and tablets within the Courthouse and its environs is governed by Standing

Order M10-468.

B. Mobile Phones. Attorneys in compliance with the Standing Order may bring

mobile phones into the Courtroom, but the phones MUST be kept turned off at

all times. Non-compliance with this rule will result in forfeiture of the device

for the remainder of the proceedings.

C. General Purpose Computing Devices and Other Electronic Equipment.

In order for an attorney to bring into the Courthouse any general purpose

computing device or other electronic equipment such as a printer not

qualifying as a “personal electronic device” as defined in Standing Order

M10-468, specific authorization is required by prior Court Order. Any party

seeking to bring such equipment into the Courthouse should email to

Chambers a completed model Court Order, available at

https://nysd.uscourts.gov/forms/fillable-form-electronic-devices-general-

purpose, at least 5 business days in advance of the relevant proceeding.

Chambers will coordinate with the District Executive’s Office to issue the

Order and forward a copy to counsel. The Order must be shown upon

bringing the equipment into the Courthouse.

8. Electronic Filing Under Seal in Civil and Miscellaneous Cases

A. 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.

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

for approval of sealed or redacted filings in civil and miscellaneous cases and

the subject documents, including the proposed sealed document(s), must be

filed electronically through the court’s ECF system in conformity with the

court’s standing order (21-mc-13), and ECF Rules & Instructions, section 6,

available at https://nysd.uscourts.gov/rules/ecf-related-instructions.

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.

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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 proposed redactions highlighted. Both

documents must be electronically filed through the ECF system and related to

the motion.

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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ATTACHMENT A Revised December 19, 2024

DEFAULT JUDGMENT PROCEDURE

1. Obtain a Certificate of Default for each defaulting defendant from the Clerk’s Office

pursuant to Federal Rule of Civil Procedure Rule 55(a) and Local Civil Rule 55.1.

2. File a Motion for Default Judgment on ECF pursuant to Federal Rule of Civil Procedure

55(b)(2) and Local Civil Rule 55.2(c). A plaintiff seeking a default judgment should not

proceed by order to show cause.

3. In connection with the Motion for Default Judgment, file the following on ECF (and mail or

hand deliver a courtesy copy to chambers):

a. An attorney’s declaration or affidavit setting forth the basis for entering a default

judgment, including:

(i) a description of the method and date of service of the summons and

complaint;

(ii) the procedural history beyond service of the summons and complaint, if any;

(iii) 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;

(v) evidence in support of the proposed damages, including contemporaneous

records and other such documentation; and

(vi) legal authority for why an inquest into damages is or is not necessary.

c. Copies of all of the pleadings.

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

e. A Certificate of Default from the Clerk of Court.

4. The Court will review the motion for default judgment and, if appropriate, issue an Order

setting a date and time for a default judgment hearing. If the Court issues such an order, the

plaintiff must then serve on the party against whom default judgment is sought: (1) the

documents required by Local Civil Rules 55.2(a) and (c) and required by the Court’s

individual practices, and (2) the Court’s order setting a date and time for the default judgment

hearing. The plaintiff must file proof of such service on the docket in the manner and date

specified in the Court’s Order setting the default judgment hearing.

5. Prior to the return date, take the proposed judgment, separately backed, to the Orders and

Judgments Clerk (500 Pearl Street, Room 200) for the Clerk’s approval. The proposed

judgment, including all damage and interest calculations, must be approved by the Clerk

prior to the conference and then brought to the conference for the Judge’s signature.

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