Hon. J. Paul Oetken — Individual Rules of Practice

Revised

July 18, 2025

INDIVIDUAL RULES AND PRACTICES IN CIVIL CASES

J. Paul Oetken

United States District Judge

Southern District of New York

Chambers Courtroom

Room 2101 Courtroom 706

40 Foley Square 40 Foley Square

New York, NY 10007 Courtroom Deputy:

(212) 805-0266 Bruce Hampton

(212) 805-4701

Email: OetkenNYSDchambers@nysd.uscourts.gov

Unless otherwise ordered by the Court, these Individual Rules apply to all civil matters

before Judge Oetken, unless—in a civil pro se case—they conflict with the supplementary

Individual Rules and Practices in Civil Pro Se Cases (available at

https://www.nysd.uscourts.gov/hon-j-paul-oetken), which control. If a case has been referred

to a magistrate judge for general pretrial purposes, the magistrate judge’s individual rules will

control with respect to all matters within the scope of the reference.

1. Guidelines for All Submissions ............................................................................................ 2

A. Text-Searchable Submissions ........................................................................................ 2

B. Amended or Corrected Filings ...................................................................................... 2

C. No Courtesy Copies......................................................................................................... 2

2. Communications with Chambers ........................................................................................ 2

A. Letters and Letter-Motions ............................................................................................ 2

B. Telephone Calls and Emails ........................................................................................... 3

C. Hand Deliveries ............................................................................................................... 3

D. Requests for Adjournments or Extensions of Time ..................................................... 3

E. Related and Consolidated Cases .................................................................................... 4

F. ECF ……………………………………………………………………………………..4

G. Urgent Communications ................................................................................................ 4

H. Multi-Media Filings ........................................................................................................ 4

3. Conferences ........................................................................................................................... 4

A. In-Person Conferences.................................................................................................... 4

B. Teleconferences ............................................................................................................... 4

C. Attendance by Principal Trial Counsel......................................................................... 5

D. Discovery Disputes .......................................................................................................... 5

E. Participation by Junior Attorneys ................................................................................. 5

4. Motions and Pretrial Procedure .......................................................................................... 6

A. Letter-Motions................................................................................................................. 6

B. Pre-Motion Conferences in Civil Cases ........................................................................ 6

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C. Memoranda of Law......................................................................................................... 6

D. Unpublished Cases .......................................................................................................... 6

E. Oral Argument on Motions ............................................................................................ 6

G. Summary Judgment Motions ........................................................................................ 7

H. Preliminary Injunction Motions .................................................................................... 7

I. Motions to Exclude Testimony of Experts .................................................................... 7

J. Default Judgment Motions ............................................................................................. 8

K. Proposed Stipulations and Orders ................................................................................ 9

L. Applications for Temporary Restraining Orders ........................................................ 9

M. Settlement Agreements ................................................................................................. 10

N. Bankruptcy Appeals ..................................................................................................... 10

5. Trial Submissions and Procedures .................................................................................... 10

A. Joint Pretrial Order ...................................................................................................... 10

B. Required Pretrial Filings .............................................................................................. 12

C. Electronic Copies of Exhibits and Exhibit Lists ........................................................ 12

D. Requests to Charge and Proposed Voir Dire .............................................................. 13

E. Additional Submissions in Non-Jury Cases ................................................................ 13

F. Filings in Opposition ..................................................................................................... 14

6. Redactions and Sealed Filings............................................................................................ 14

A. Redactions Not Requiring Court Approval ................................................................ 14

B. Redactions and Sealed Filings Requiring Court Approval ....................................... 14

C. Procedures for Filing Sealed or Redacted Documents .............................................. 14

7. Use of Electronic Devices .................................................................................................... 16

1. Guidelines for All Submissions

A. Text-Searchable Submissions. Every submission should be in text-searchable

format created by converting the document electronically to PDF by computer

(that is, not by scanning a printed document). If a PDF is created by scanning a

printed document (for instance, in the case of a pre-existing documentary exhibit),

the party should use software to make the document text searchable whenever

possible.

B. Amended or Corrected Filings. Any amended or corrected filing shall be filed

with a redline showing all differences between the original and revised filing.

C. No Courtesy Copies. Unless the Court orders otherwise, or as provided

otherwise in these Rules (see, e.g., paragraph 6(C)(iv) regarding sealed cases),

parties should not submit courtesy copies of any submissions.

2. Communications with Chambers

A. Letters and Letter-Motions. Except as otherwise provided below,

communications with the Court should be by letter or letter-motion, filed

electronically on ECF. Letters seeking relief should (if consistent with the

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

Instructions) be filed on ECF as letter-motions in accordance with paragraph 4(A)

below, not as ordinary letters.

Unless otherwise ordered by the Court, letters (including letters regarding

discovery disputes) may not exceed four pages in length. Letters solely between

parties or their counsel or otherwise not addressed to the Court may not be filed

on ECF or otherwise sent to the Court (except as exhibits to an otherwise properly

filed document).

B. Telephone Calls and Emails. Communications with Chambers, including

requests for extensions or adjournments, shall be by letter or letter-motion filed on

ECF in accordance with paragraphs 2(A) and 4(A). For urgent matters requiring

immediate attention (i.e., in less than one business day), call Chambers at (212)

805-0266. Technical questions pertaining to ECF filings should be directed to the

ECF Help Desk at helpdesk@nysd.uscourts.gov or (212) 805-0800. Counsel may

not submit substantive case-related communications by email without leave of the

Court. Counsel should attempt to include on any substantive call to Chambers

counsel for all parties and, if unsuccessful. Court staff generally will not answer

substantive questions or interpret procedural rules on ex parte calls.

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

Officers at the Worth Street entrance of the Daniel Patrick Moynihan United

States District Courthouse at 200 Worth Street, New York, NY 10007 and may

not be brought directly to Chambers. If the hand-delivered letter is urgent and

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

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

staff immediately.

D. Requests for Adjournments or Extensions of Time. Before requesting an

adjournment or an extension of time, parties must first seek consent from the

opposing party or parties—and parties are strongly encouraged to consent to

reasonable requests. All requests for adjournments or extensions of time must be

made in writing and filed on ECF as letter-motions, not as ordinary letters,

proposed stipulations, or proposed orders. The letter-motion must state: (1) the

original deadline and the proposed new deadline; (2) whether the adversary

consents and, if not, the reasons given by the adversary for refusing to consent;

(3) the number of previous requests for adjournment or extension, and whether

those previous requests were granted or denied; and (4) the reasons for the

requested adjournment or extension. If the extension will affect any other

deadlines in the case, the party seeking the extension should propose amendments

to those deadlines as well. Requests for extensions of deadlines regarding a

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matter that has been referred to a magistrate judge shall be addressed to that

assigned magistrate judge.

Absent an emergency, any request for extension or adjournment shall be made at

least 48 hours prior to the deadline or scheduled appearance. Requests for

extensions will ordinarily be denied if made after the expiration of the original

deadline.

E. Related and Consolidated Cases. After an action has been accepted as related

to a prior filing, all future court papers and correspondence must contain the

docket number of the new filing as well as the docket number of the case to which

it is related (e.g., 12-CV-1234 [rel. 11-CV-4321]). After two or more actions

have been consolidated for all purposes under a single docket number pursuant to

Rule 42(a)(2) of the Federal Rules of Civil Procedure, all future court papers and

correspondence should be filed only in the docket under which the cases have

been consolidated and should reference only that docket number.

F. ECF. In accordance with the Electronic Case Filing Rules and Instructions,

counsel are required to register promptly as ECF filers and to enter an appearance

in the case. Counsel are responsible for updating their contact information on

ECF, should it change, and they are responsible for checking the docket sheet

regularly, regardless of whether they receive an ECF notification of case activity.

For assistance with updating contact information, please contact the ECF Help

Desk at helpdesk@nysd.uscourts.gov or (212) 805-0800; do not file a letter-

motion advising the Court of the change.

G. Urgent Communications. As a general matter, materials filed via ECF are

reviewed by the Court the business day after they have been filed. If a submission

requires more immediate attention, the filing party should notify Chambers by

telephone, consistent with the procedures required by paragraph 2(B), after filing

the submission on ECF.

H. Multi-Media Filings. Any audio, video, or other multi-media filings shall be

submitted on a USB drive and hand-delivered to the 200 Worth Street entrance in

accordance paragraph 2(C).

3. Conferences

A. In-Person Conferences. Unless otherwise ordered by the Court, all in-person

conferences will be held in Courtroom 706 of the Thurgood Marshall United

States Courthouse, 40 Foley Square, New York NY, 10007. 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 paragraph 4(A).

B. Teleconferences. Unless otherwise ordered by the Court, any proceeding held by

telephone will be on the Court’s dedicated conference line, which can be accessed

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by calling (855) 244-8681 and then entering Attendee ID Number 2312 828 7066,

followed by the pound (#) key. The following procedures shall apply to all

teleconferences with the Court:

i. Counsel should use a landline whenever possible, should use a headset

instead of speakerphone, and must mute themselves whenever they are not

speaking to eliminate background noise.

ii. To facilitate orderly teleconferences and the creation of an accurate

transcript where a teleconference is held on the record, counsel are

required to identify themselves every time they speak. Counsel should

spell any proper names for the court reporter. Counsel should also take

special care not to interrupt or speak over one another.

iii. If there is a beep or chime indicating that a new caller has joined while

counsel is speaking, counsel should pause to allow the Court to ascertain

the identity of the new participant and confirm that the court reporter has

not been dropped from the call.

iv. Broadcasting or recording of any court conference is prohibited by law.

C. Attendance by Principal Trial Counsel. Absent leave of the Court, the attorney

who will serve as principal trial counsel must appear at all conferences with the

Court. Any attorney appearing before the Court must enter a notice of appearance

on ECF.

D. Discovery Disputes. Parties must 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 seeking discovery shall promptly file on ECF a

letter-motion, no longer than four pages, explaining the nature of the dispute and,

if applicable, why the party is entitled to relief and requesting an informal

conference. Any letter-motion seeking relief must include a representation that

the meet-and-confer process occurred and was unsuccessful. Any opposition to a

letter-motion seeking relief shall be filed as a letter, not to exceed four pages,

within three business days. Counsel should be prepared to discuss with the Court

the matters raised by such letters, as the Court will seek to resolve discovery

disputes quickly, by order (based on the letters alone) or in a conference. Counsel

should seek relief in accordance with these procedures in a timely fashion; if a

party waits until near the close of discovery to raise an issue that could have been

raised earlier, the party is unlikely to be granted the relief that it seeks or more

time for discovery.

E. Participation by Junior Attorneys. The Court encourages the participation of

less experienced attorneys in all proceedings—including pretrial conferences,

hearings on discovery disputes, oral arguments, and examinations of witnesses at

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trial — particularly where that attorney played a substantial role in drafting the

underlying filing or in preparing the relevant witness. The Court may be inclined

to grant a request for oral argument, which it generally disfavors, where doing so

would afford the opportunity for a junior attorney to gain courtroom experience.

Nevertheless, at least one attorney appearing before the Court must have authority

to bind the party they represent consistent with the proceeding (for example, by

agreeing to a discovery or briefing schedule), and should be prepared to address

any matters likely to arise at the proceeding.

4. Motions and Pretrial Procedure

A. Letter-Motions. When permitted by the S.D.N.Y. Local Rules and the S.D.N.Y.

Electronic Case Filing Rules and Instructions, letters seeking relief should be filed

on ECF as letter-motions, not as ordinary letters. 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.

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

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

paragraph 3(D) above.

C. Memoranda of Law. The typeface, margins, spacing, and length of motion

papers must conform to Local Civil Rule 7.1 (or, in the case of a motion for

reconsideration, Local Civil Rule 6.3). Per Local Civil Rule 7.1, memoranda of

law in support of and in opposition to motions (other than motions for

reconsideration) are limited to 8,750 words, and reply briefs are limited to 3,500

words. Memoranda of 3,500 words or more shall contain a table of contents and a

table of authorities. Sur-reply memoranda will not be accepted without prior

permission of the Court. All appendices to memoranda of law must be indexed.

D. Unpublished Cases. If a party cites a case not available in an official reporter, it

should not provide copies of the case to Chambers if the case is available on

Westlaw or Lexis.

E. Oral Argument on Motions. 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. 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. Additionally, a party should advise

the Court by letter if oral argument would be handled by a less experienced

attorney because, as discussed in paragraph 3(E) above, that may make the Court

more inclined to hold oral argument. If oral argument is requested, the Court will

determine whether argument will be heard and, if so, advise counsel of the

argument date.

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F. Initial Case Management Conference. The parties shall submit a proposed

Civil Case Management Plan and Scheduling Order to the Court at least seven

calendar days before the initial case management conference.

G. Summary Judgment Motions

i. 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. Where cross-motions are anticipated, to avoid

redundancy, the parties should propose a briefing schedule with deadlines

for: (1) one party to file the initial motion; (2) the other party to file a

cross-motion, with a single, consolidated memorandum of law supporting

the cross-motion and opposing the initial motion; (3) the first party to file

a single, consolidated memorandum of law replying in support of the

initial motion and opposing the cross-motion; and (4) the cross-moving

party to file a reply in support of the cross-motion.

ii. With respect to any deposition that is supplied, whether in whole or in

part, in connection with a summary judgment motion, the index to the

deposition should be included if it is available.

iii. The parties should provide the Court with an electronic, text-searchable

copy of any hearing or deposition transcript, or portion thereof, on which

the parties rely, if such a copy is available, unless doing so would be

unduly burdensome.

iv. Memoranda of law should include sections discussing the relevant

background and facts. Parties should not merely incorporate by reference

their Local Civil Rule 56.1 Statements or Counterstatements.

v. The parties are directed to review Local Civil Rule 56.1, including its

requirements that a party’s statement of material facts be “short,”

“concise,” and contain only facts as to which “there is no genuine issue to

be tried.” The Court strongly encourages parties to confer and file a joint

statement of undisputed material facts. Excessively voluminous or

otherwise improper Rule 56.1 statements will be stricken and the parties

will be directed to refile proper statements.

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

the conduct of non-jury trials described in paragraph 5(E) below.

I. Motions to Exclude Testimony of Experts. 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. Absent leave

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of the Court, the moving party must file a single motion and single, consolidated

memorandum of law, consistent with paragraph 4(C) above, even when seeking to

exclude the testimony of multiple experts.

J. Default Judgment Motions. If a party fails to respond to a claim, the party

asserting the claim should promptly move for entry of default judgment if

appropriate. 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. Only after obtaining a Clerk’s Certificate of Default

should the party proceed to filing a motion for default judgment on ECF pursuant

to Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2. (Counsel

should therefore seek and obtain a Clerk’s Certificate of Default well in advance

of any Court-imposed deadline to move for default judgment.)

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

Any motion for default judgment must be supported by the following papers:

i. an attorney’s affidavit or declaration pursuant to Local Civil Rule

55.2(a)(1);

ii. a statement of damages, sworn or affirmed to by one or more people with

personal knowledge, showing the proposed damages and the basis for each

element of damages, including interest, attorney’s fees, and costs;

iii. a memorandum of law setting forth:

(a) the basis for entering a default judgment, including a description of

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

(b) the procedural history beyond service of the summons and

complaint, if any;

(c) legal authority for why such service was proper;

(d) the basis for subject-matter and personal jurisdiction;

(e) whether, if the default is applicable to fewer than all of the

counterparties, the Court may appropriately order a default

judgment on the issue of damages prior to resolution of the entire

action;

(f) legal authority for why an inquest into damages would be

unnecessary;

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iv. if the proposed damages are supported by calculations, native versions of

the files with calculations (i.e., versions of the files in their original

format, such as in “.xlsx”), which shall be emailed to Chambers at

OetkenNYSDChambers@nysd.uscourts.gov;

v. a proposed default judgment;

vi. copies of all the operative pleadings;

vii. a copy of the affidavit of service of the summons and complaint; and

viii. a certificate of service stating that all documents in support of the request

for default judgment have been personally served on or mailed to the party

against whom default judgment is sought, pursuant to Local Civil Rule

55.2(a)(3), which shall filed within 14 days of the filing of the motion for

default judgment.

K. Proposed Stipulations and Orders. In accordance with the Local Rules and the

Electronic Case Filing Rules and Instructions, parties should file on ECF all

proposed stipulations and orders that they wish the Court to sign, using the

appropriate ECF filing event. See SDNY ECF Rules & Instructions §§ 13.17-19 &

App’x A. Counsel should also email an electronic copy of any proposed orders to

Chambers, in both PDF and Word formats. As noted above, requests for extensions

and adjournments must be made by letter-motion, not by proposed stipulation or

proposed order.

L. Applications for Temporary Restraining Orders. A party should confer with

its 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. In the absence of an emergency that would

justify seeking immediate relief in person:

i. if the party seeking relief 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 (or, if

ECF is not a viable option, by email to Chambers at

OetkenNYSDchambers@nysd.uscourts.gov) and then call Chambers at

(212) 805-0266; or

ii. if the party seeking relief is prepared to seek relief on notice to the adverse

party, the party seeking relief should simultaneously file its papers on

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ECF, serve them on all other parties, and then call Chambers with all

parties on the line (at the number above).

M. Settlement Agreements. Unless the Court orders otherwise, the Court will not

retain jurisdiction to enforce confidential settlement agreements. If the parties

wish that the Court retain jurisdiction to enforce a settlement agreement, the

parties must place the terms of their 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.

Settling parties in cases brought under the Fair Labor Standards Act should also refer

to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), and

Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332 (S.D.N.Y. 2012).

N. Bankruptcy Appeals. The parties must comply with the briefing schedule and

the format and length specifications set forth in the Federal Rules of Bankruptcy

Procedure 8014-8018 unless otherwise ordered by the Court.

5. Trial Submissions and Procedures

A. Joint Pretrial Order. Unless otherwise ordered by the Court, no later than thirty

days after the date for the completion of all discovery or, in the event a dispositive

motion is filed, no later than thirty days after the Court’s ruling on such motion,

the parties shall both file on ECF, as a “Joint Pretrial Statement,” and submit by

email to the Court (OetkenNYSDchambers@nysd.uscourts.gov) a proposed joint

pretrial order, which shall include the following:

i. the full caption of the action;

ii. the names, law firms, addresses, telephone number, and email addresses of

trial counsel if not already listed on the docket;

iii. a brief statement by plaintiff (or, in a removed case, by defendant) 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 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 that are not to be tried. The summaries should not

recite any evidentiary matter;

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v. a statement as to the number of trial days needed and whether the case is

to be tried with or without a jury;

vi. a joint statement summarizing the nature of the case, to be read to

potential jurors during jury selection;

vii. a list of people, places, and institutions (in alphabetical order) that are

likely to be mentioned during the course of the trial, to be read to potential

jurors during jury selection;

viii. a statement as to whether all parties have consented to trial by a magistrate

judge, without identifying which parties do or do not consent;

ix. any stipulations or agreed statements of fact or law to which all parties

consent. In a jury case, the parties should memorialize any such

stipulations or agreed statements of fact or law in a standalone document

that can be marked and admitted at trial;

x. a list of all trial witnesses (in alphabetical order), indicating whether such

witnesses will testify in person or by deposition, whether such witnesses

will require an interpreter (and, if so, which party will pay the costs for the

interpreter), and a brief summary of the substance of each witness’s

testimony. Absent leave of the Court, a witness listed by both sides shall

testify only once (with the defendant permitted to go beyond the scope of

the direct on cross-examination), and counsel should confer with respect

to scheduling;

xi. designations by each party of deposition testimony to be offered in its

case-in-chief and any and counter-designations as follows:

(a) a chart listing (1) the designations and counter-designations;

(2) any objections, including the bases for such objections; (3) a

brief response to each objection; and

(b) transcripts of each relevant deposition with designations, counter-

designations, and objections highlighted in different colors.

The parties need not designate deposition testimony to be used for

impeachment purposes only. The parties should limit their designations to

those that they actually intend to use at trial;

xii. a list by each party of all exhibits to be offered in its case-in-chief, with a

single asterisk indicating exhibits to which no party objects on any ground.

If a party objects to an exhibit, the objection should be noted by indicating

the Federal Rule of Evidence that is the basis for the objection. If any

party believes that the Court should rule on such an objection in advance

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of trial, that party should include a notation to that effect (e.g., “Advance

Ruling Requested”) as well. In general, the Court will rule on relevance

and authenticity objections at the time of trial;

xiii. 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; and

xiv. a statement of whether the parties consent to less than a unanimous

verdict.

B. Required Pretrial Filings. Unless otherwise ordered by the Court, each party

shall file with the joint pretrial order:

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

that should be resolved in limine. 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;

ii. in all jury cases, joint requests to charge, joint proposed verdict forms, and

joint proposed voir dire questions as specified by paragraph 5(D) below;

iii. in all 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. At the time of filing, parties should

also submit copies of these documents to the Court by email

(OetkenNYSDchambers@nysd.uscourts.gov), both in .pdf format and as a

Microsoft Word document;

C. Electronic Copies of Exhibits and Exhibit Lists. Unless otherwise ordered by

the Court, the parties shall also submit with the joint pretrial order (but not file on

ECF) an electronic copy of each exhibit sought to be admitted (with each

filename corresponding to the relevant exhibit number — e.g., “PX-1,” “DX-1,”

etc.). (If the files are too large for submission by email, follow the directives for

multi-media filings, see paragraph 2(H) above.) If submission of electronic

copies would be an undue burden on a party, the party may seek leave of the

Court (by letter-motion filed on ECF) to submit prospective documentary exhibits

in hard copy, which should be pre-marked with exhibit numbers.

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The parties shall email to the Court (OetkenNYSDChambers@nysd.uscourts.gov)

a Microsoft Word document listing all exhibits sought to be admitted. The list

shall contain four columns labeled as follows: (1) “Exhibit Number”; (2)

“Description” (of the exhibit); (3) “Date Identified”; and (4) “Date Admitted.”

The parties shall complete the first two columns, but leave the third and fourth

columns blank. Unless the Court orders otherwise, the parties shall confer at the

end of each trial day and, no later than the beginning of the next trial day, email to

the Court an updated list indicating (in the third and fourth columns) each exhibit

that was identified and/or admitted.

D. Requests to Charge and Proposed Voir Dire. Unless otherwise ordered by the

Court, in all jury trials, 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. For any request to charge or proposed voir dire

question on which the parties cannot agree, each party should 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. Absent good

reason, the parties should not include proposed language for standard instructions

(about, for example, the role of the Court and the jury, the standard of proof, etc.),

as the Court is likely to use its own standard instructions; instead, the parties

should include a list of standard instructions that they believe are appropriate and

focus their attention on case-specific requests to charge. At the time of filing, the

parties should also submit copies of these documents to the Court by email

(OetkenNYSDChambers@nysd.uscourts.gov) as Microsoft Word documents.

E. Additional Submissions in Non-Jury Cases. Unless otherwise ordered by the

Court, at the time the joint pretrial order is filed, each party in a non-jury trial

shall submit to the Court by email (OetkenNYSDchambers@nysd.uscourts.gov)

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. The affidavit should be

treated as a direct substitute for the witness’s live testimony; that is,

counsel should be attentive to the Rules of Evidence (e.g., hearsay and the

like) and authenticate any exhibits that will be offered through that

witness’s testimony. 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, at which time any

objections to particular paragraphs of an affidavit can be made; and

ii. all deposition excerpts that will be offered as substantive evidence, as well

as a one-page synopsis of those excerpts for each deposition. Each

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synopsis shall include page citations to the pertinent pages of the

deposition transcripts.

F. Filings in Opposition. Unless otherwise ordered by the Court, any party may file

the following documents within one week after the filing of the pretrial order, but

in no event less than three days before the scheduled trial date:

i. opposition to any motion in limine; and

ii. opposition to any legal argument in a pretrial memorandum.

6. Redactions and Sealed Filings

A. Redactions Not Requiring Court Approval. The parties are referred to Rule 5.2

of the Federal Rules of Civil Procedure and the Southern District’s ECF Privacy

Policy (“Privacy Policy”). There are two categories of information that may be

redacted from public court filings without prior permission from the Court:

“sensitive information” and information requiring “caution.” Parties should not

include in their public filings, unless necessary, the five categories of “sensitive

information” (i.e., social security numbers [use the last four digits only], names of

minor children [use the initials only], dates of birth [use the year only], financial

account numbers [use the last four digits only], and home addresses [use only the

City and State]). Parties may also, without prior Court approval, redact from their

public filings the six categories of information requiring caution described in the

Privacy Policy (i.e., any personal identifying number, medical records [including

information regarding treatment and diagnosis], employment history, individual

financial information, proprietary or trade secret information, and information

regarding an individual’s cooperation with the government).

B. Redactions and Sealed Filings Requiring Court Approval. Except for

redactions permitted by the previous paragraph, all redactions or sealing of public

court filings require Court approval. 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, neither the parties’

consent nor the fact that information is subject to a confidentiality agreement

between litigants is, 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).

C. Procedures for Filing Sealed or Redacted Documents. Any party seeking to

file a document under seal or in redacted form shall proceed as follows:

i. Meet and Confer. The party should meet and confer with any opposing

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party (or any third party seeking confidential treatment of the information)

in advance to narrow the scope of the request. When a party seeks leave

to file a document under seal or in redacted form on the ground that an

opposing party or third party has requested it, the filing party shall notify

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

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

ii. Sealed Document(s). The party shall file a letter-motion seeking leave to

file a document under seal on ECF in accordance with Standing Order 19-

MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and

Instructions. The letter-motion itself shall be filed in public view, should

explain the reasons for seeking to file the document under seal, and should

not include confidential information. The proposed sealed document shall

be contemporaneously filed under seal on ECF (with the appropriate level

of restriction) and electronically related to the motion (or to the relevant

Court order if the Court previously granted leave to file the document

under seal). Note that the summary docket text, but not the document

itself, will be open to public inspection and, thus, should not include

confidential information sought to be filed under seal.

iii. Redacted Document(s). Where a party seeks leave to file a document in

redacted form, the party shall file a letter-motion seeking leave to file a

document in redacted form on ECF in accordance with Standing Order 19-

MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and

Instructions. The letter-motion itself shall be filed in public view, should

explain the reasons for seeking to file the document in redacted form, and

should not include confidential information. At the same time, the party

shall (1) publicly file on ECF and electronically relate to the letter-motion

a copy of the document with the proposed redactions; and (2) file under

seal on ECF (with the appropriate level of restriction) and electronically

relate to the motion an unredacted copy of the document with the proposed

redactions highlighted.

iv. Submission by Email and Sealed Cases. For cases that are entirely

under seal, or where a party is unable to comply with the requirements for

electronic filing under seal through the ECF system (or believes that a

particular document should not be electronically filed at all), the party

shall submit any filing by email—at

OetkenNYSDchambers@nysd.uscourts.gov—as a text-searchable .pdf

attachment with a copy simultaneously delivered to all counsel. Any such

email shall state clearly in the subject line: (1) the caption of the case,

including the lead party names and docket number; and (2) a brief

description of the contents of the letter. Parties may not include

substantive communications in the body of the email; such

communications may be included only in the body of the letter.

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7. Use of Electronic Devices

The use of electronic devices (including mobile telephones, personal electronic devices,

and computers) within the Courthouse and its environs is governed by the Court’s

Standing Order M10-468, available at https://nysd.uscourts.gov/sites/default/files/2018-

06/standing-order-electronic-devices.pdf. If required by the Standing Order, counsel

seeking to bring a device into the Courthouse shall submit an Electronic Device and Wi-

Fi Access Request Form, available on the Court’s website, to the Court by e-mail

(OetkenNYSDchambers@nysd.uscourts.gov) as early as possible—and certainly no later

than three business days before the start of the trial or hearing, or one week if Wi-Fi is

requested. Requests submitted later than three business days prior to the relevant trial or

hearing may be denied on that basis alone. If permitted by the Standing Order, mobile

telephones are permitted inside the Courtroom, but they must be kept turned off at all

times. Non-compliance with this rule may result in forfeiture of the device for the

remainder of the proceedings.

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