Hon. Lewis J. Liman — Individual Rules of Practice

Effective

April 7, 2025

INDIVIDUAL PRACTICES IN CIVIL CASES

Lewis J. Liman, United States District Judge

Chambers Courtroom

United States District Court 500 Pearl Street

Southern District of New York Courtroom 15C

500 Pearl Street, Room 1620 Matthew Fishman, Courtroom Deputy

New York, NY 10007 (212) 805-0161

LimanNYSDChambers@nysd.uscourts.gov

Teleconference Line

(646)-453-4442, access code 358639322 (#)

Website

https://www.nysd.uscourts.gov/hon-lewis-j-liman

Pro Se Intake Unit’s Mailing Address

Pro Se Intake Unit

Daniel Patrick Moynihan United States District Courthouse

500 Pearl Street

New York, NY 10007

Pro Se Intake Unit’s Physical Address

Pro Se Intake Unit

Thurgood Marshall United States District Courthouse, Room 105

40 Foley Square

New York, NY 10007

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

matters, including pro se cases. If a case has been referred to a magistrate judge for

general pretrial purposes, the magistrate judge’s practices will control with respect to all

matters within the scope of the referral. In cases designated to be part of a pilot project or

plan (including the protocols set forth in Local Civil Rule 83.10), the procedures in such

project or plan shall govern to the extent that they are inconsistent with these Individual

Practices.

A Note to Pro Se Parties (Individuals Not Represented by Counsel):

Unless otherwise indicated, the practices below apply to every party before the Court. However,

as indicated throughout, pro se parties—those individuals not represented by counsel—are

excepted from certain requirements otherwise set forth. Pro se parties should note, in particular,

the pro se rules for communicating and filing papers with the Court set forth in Paragraphs 1(I)

and 2(O).

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Pro se parties are required to maintain their current mailing address on the docket at all times

and must notify the Court of any change of address by letter filed pursuant to Paragraphs 1(I) and

2(O) below. Failure to notify the Court of a change of address may result in dismissal of a case

brought by a pro se party.

Pro se parties should be advised that there is a Pro Se Law Clinic available to assist

unrepresented parties in civil cases. The Clinic may be able to provide a non-incarcerated pro se

party with advice in connection with their case. The Pro Se Law Clinic is run by a private

organization called the City Bar Justice Center; it is not part of, or run by, the Court (and, among

other things, therefore cannot accept filings on behalf of the Court, which must still be made by

any unrepresented party through the Pro Se Intake Unit). Litigants in need of legal assistance

should complete the City Bar Justice Center’s intake form to make an appointment. If a litigant

has questions about the intake form or needs to highlight an urgent deadline already disclosed in

the form, the clinic can be contacted by phone (212-382-4794) or email

(fedprosdny@nycbar.org). In-person appointments in the Thurgood Marshall Courthouse are

available Monday through Thursday, 10am to 4pm. Appointments are also available remotely

Monday through Friday, 10am to 4pm.

Parties proceeding pro se without electronic filing privileges are permitted to submit filings by

email to prose@nysd.uscourts.gov. Pro se parties may also submit documents by regular mail or

in person at the drop box located at the U.S. Courthouses in Manhattan (500 Pearl Street) and

White Plains (300 Quarropas Street). Pro se parties are also encouraged to consent to receive all

court documents electronically. A consent to electronic service form is on the S.D.N.Y. website,

available at https://nysd.uscourts.gov/sites/default/files/2018-06/proseconsentecfnotice-final.pdf.

For more information, please visit the “Representing Yourself in Federal Court (Pro Se)”

webpage, available at https://www.nysd.uscourts.gov/prose.

1. Communications with Chambers

A. No Paper Submissions Absent Undue Hardship. No papers, including courtesy

hard copies of any filing or document, may be submitted to Chambers unless

specifically ordered by the Court or otherwise permitted by these Individual Practices.

All documents must be filed on ECF or, if permitted or required under the Court’s

Individual Practices, emailed to LimanNYSDChambers@nysd.uscourts.gov.

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.

B. Letters. Except as otherwise provided below, all communications with Chambers

shall be by letter. All letters shall be filed on ECF in text-searchable form and should

not exceed three single-spaced pages in length. Letters seeking relief should be filed

on ECF as letter-motions in accordance with Paragraph 1(C) below.

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).

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C. Letter-Motions. Letter-motions may be filed when permitted by the S.D.N.Y. Local

Rules and the S.D.N.Y. Electronic Case Filing Rules and Instructions. Motions to

amend a case management plan and scheduling order, to file papers under seal or in

redacted form, to compel discovery, or for a protective order or confidentiality order

may be made by letter-motion. Motions to quash or modify a subpoena pursuant to

Fed R Civ P. 45(d)(3) or for contempt pursuant to Fed R Civ P. 45(g) should be made

by formal motion. Letters seeking relief should be filed on ECF as text-searchable

letter-motions.

Any party wishing to file a letter-motion shall include in the letter-motion a statement

that it first attempted to confer in good faith with the opposing parties, in person or by

telephone, in an effort to resolve the dispute. The letter-motion should not indicate

the content of the meet-and-confer unless independently relevant.

If a letter-motion has consent of all opposing parties, the letter-motion should

prominently so indicate. If it does not, any opposing party should submit a letter

setting forth its position not later than two business days after the initial letter-motion

is filed.

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 date(s); (2) the number of previous requests for

adjournment or extensions of time; (3) whether these previous requests were granted

or denied; (4) whether the opposing parties consent, and, if not, the reasons given by

the opposing parties for refusing to consent; and (5) the date of the parties’ next

scheduled appearance before the Court.

If the requested adjournment or extension affects any other scheduled dates, any

non-pro se party moving for relief must attach a proposed revision to the Case

Management Plan and Scheduling Order. A pro se party may, but is not required to,

submit a proposed revision to the Case Management Plan and Scheduling Order.

Requests for extensions of deadlines regarding a matter that has been referred to a

magistrate judge shall be directed to that magistrate judge.

If the requested adjournment or extension affects the Case Management Plan and

Scheduling Order, such request must comply with the requirements set forth in

Paragraph 3(A) below.

Any request should be made at least two business days prior to the deadline or

scheduled appearance.

E. Telephone Calls. Except as set forth elsewhere in these Individual Practices,

telephone calls to Chambers should be reserved only for urgent matters requiring

immediate attention that cannot be answered by reference to the Court’s prior orders

in the case, these Individual Practices, the S.D.N.Y. Local Rules, or the Federal Rules

of Civil Procedure.

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F. Faxes. Faxes to Chambers are not permitted without prior permission.

G. Hand Deliveries. Nothing may be hand delivered absent advanced permission.

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

500 Pearl Street, New York, NY 10007 and may not be brought directly to Chambers.

Hand deliveries are continuously retrieved from the Worth Street entrance by

Courthouse mail staff and then forwarded 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 package has arrived that needs to be retrieved by

Chambers staff immediately.

H. Urgent Communications. As a general matter, the Court reviews materials filed via

ECF at the latest on the business day after they have been filed. If a submission

requires immediate attention, please notify Chambers by telephone and by email after

filing it on ECF. The email should include (1) the word “URGENT” in the subject

line; (2) the case name and case number; (3) a brief description of the nature of the

urgent issue; and (4) a telephone number at which the party (and any other relevant

parties) can be reached.

I. Communications by a Pro Se Party.

Unless a pro se party is approved for ECF filing pursuant to Paragraph 2(O), all

communications with the Court by a pro se party must be sent to the Pro Se Intake

Unit at the following mailing address:

Pro Se Intake Unit

Daniel Patrick Moynihan United States District Courthouse

500 Pearl Street

New York, NY 10007

or delivered in person to the Pro Se Intake Unit at the following physical address:

Pro Se Intake Unit

Thurgood Marshall United States District Courthouse, Room 105

40 Foley Square

New York, NY 10007.

No documents or court filings should be sent directly to Chambers. Copies of

correspondence between a pro se party and opposing parties shall not be sent to the

Court. Any questions should be directed to the Pro Se Intake Unit at (212) 805-0175;

pro se parties may not call the Court directly except as provided in Paragraph 1(E).

Unless the Court orders otherwise, all communications with the Court by a pro se

party will be docketed upon receipt; such docketing shall constitute service on any

user of the ECF system. If any other party is not a user of the ECF system (e.g., if

there is another pro se party in the case), a pro se party must send copies of any filing

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to that party and include an Affidavit of Service or other statement affirming that it

has done so.

J. Communications by a Party Opposing a Pro Se Party. Communications with the

Court and all ECF filings by a represented party in a pro se case must be

accompanied by an Affidavit of Service affirming that the pro se party was served

with a copy of the communication.

2. All Filings

A. ECF. In accordance with the S.D.N.Y. Electronic Case Filing Rules and Instructions,

counsel must register promptly as ECF filers and enter appearances. Instructions are

available on the S.D.N.Y. website at https://nysd.uscourts.gov/electronic-case-filing.

Counsel are responsible for updating their contact information on ECF as needed.

The Court expects that counsel will check the docket sheet regularly, regardless of

whether they receive an ECF notification of case activity.

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

should not include a return date.

C. Text-Searchable Submissions. All documents (e.g., motions, briefs, and letters)

filed by parties on ECF must be in text-searchable format. Exhibits filed on ECF

should be in text-searchable format, where possible. A text-searchable document

may be created by converting the document electronically to .pdf by computer (that

is, not by scanning a pre-existing document). If a .pdf is created by scanning a

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

exhibit), the party should use software to make the document text-searchable where

possible.

D. Attachments. Exhibits must be filed as attachments to the main document. Each

attachment must be clearly titled in the ECF entry so the subject of the exhibit is clear

pursuant to Sections 5.1 and 13.3 of the S.D.N.Y. Electronic Case Filing Rules and

Instructions. For example: NOTICE OF REMOVAL (Attachments: #1 State Court

Complaint, #2 State Court Summons), not NOTICE OF REMOVAL (Attachments:

#1 Ex. 1, #2 Ex. 2).

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. Pre-Motion Letters and Conferences in Civil Cases. Absent order of the Court,

neither pre-motion letters nor pre-motion conferences are required.

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G. Protective Orders. All parties wishing to propose a protective order must submit a

proposed protective order that conforms as closely as possible with the Court’s Model

Protective Order, which is available on Judge Liman’s website. The proposed

protective order must be accompanied by a cover letter that states whether the parties

have adopted, without alteration, the Court’s Model Protective Order or whether the

parties have made alterations. Any changes must be reflected in a redline that should

be filed as an exhibit to the proposed protective order.

H. Redactions and Filing Under Seal

i. Redactions/Sealing 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.

ii. Redaction/Sealing Requiring Court Approval. Except for redactions

permitted by Paragraph 2(H)(i), all redactions require Court approval. To

be approved, redactions must be narrowly tailored to serve whatever

purpose justifies them and 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 (or protective order) 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., 2015 WL 4750774, at *4 (S.D.N.Y. Aug. 11, 2015).

A party seeking to file a document with redactions or under seal must

follow the procedures set forth in Attachment A (see pages 16–17 of

these Individual Practices).

I. Memoranda of Law. The Court does not impose page limitations on memoranda of

law. The parties should agree upon reasonable page limits for principal briefs and

reply briefs, exercising their sound judgment so as not to unnecessarily burden the

Court. If parties are unable to agree, memoranda in support of and in opposition to

motions are limited to 25 pages while reply memoranda are limited to 10 pages.

Memoranda of more than 10 pages shall contain a table of contents and table of

authorities. The Court reserves the right to impose page limits at any point if parties

do not appropriately exercise the latitude afforded under this rule.

J. Unpublished Cases. Westlaw citations should be provided, if available, to cases not

available in an official reporter. A party must provide a copy of any decision it cites

that is not found in an official reporter or accompanied by a Westlaw citation.

K. Briefing Schedule on Motions. The parties may extend the deadlines set forth in

Local Civil Rule 6.1 by an agreed-upon schedule, which, unless the Court orders

otherwise, shall govern as long as such schedule is disclosed to the Court in a letter or

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in the memorandum accompanying the initial motion. Any extensions should be

sought pursuant to the procedures set forth in Paragraph 1(D).

The following special rules for the timing of motion filings in pro se cases apply:

unless otherwise ordered by the Court, papers filed in opposition to a motion in a pro

se case must be served and filed within four weeks of service of the motion papers,

and reply papers, if any, must be served and filed within two weeks of receipt of

opposition papers.

L. Courtesy Copies. Do not send courtesy copies unless directed by the Court.

M. Oral Argument. Parties may request oral argument in their moving or opposing

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

advise counsel of the argument date. The Court may sua sponte order parties to

appear for oral argument on any motion.

N. Submission of Large Electronic Files. The Court has a file transfer protocol for the

safe electronic transmission of large files. If a party needs to submit large files by

email (as opposed to ECF), the party should email the Court (at

LimanNYSDChambers@nysd.uscourts.gov) requesting a link to be used for such

transfer. The email should include the name and docket number of the case and the

nature and size of the materials to be submitted electronically.

O. In a Pro Se Case. Any pro se party that wishes to participate in electronic case filing

(“e-filing”) must file a Motion for Permission for ECF (available at https://nysd.

uscourts.gov/sites/default/files/2019-04/2012-prosemotionecffiling-final.pdf and in

the Pro Se Intake Unit). If the Court grants a motion to participate in “e-filing,” that

party will not receive hard copies of any document filed electronically via ECF.

In the event that a pro se party is not participating in e-filing, and notwithstanding

anything in the foregoing Individual Practices to the contrary, all papers to be filed

with the Court by a pro se party shall be sent to the Pro Se Intake Unit at the

following mailing address:

Pro Se Intake Unit

Daniel Patrick Moynihan United States District Courthouse

500 Pearl Street

New York, NY 10007

or delivered in person to the Pro Se Intake unit at the following physical address:

Pro Se Intake Unit

Thurgood Marshall United States District Courthouse, Room 105

40 Foley Square

New York, NY 10007.

3. Specific Types of Filings

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A. Motions to Amend Case Management Plan and Scheduling Order. Any motion

to amend the Case Management Plan and Scheduling Order shall be accompanied by

a letter identifying with particularity why “good cause” exists for such amendment.

See Fed. R. Civ. P. 16(b)(4) (“A schedule may be modified only for good cause and

with the judge’s consent.”). The letter must “describ[e] what discovery [the moving

party] conducted in the time period originally scheduled and [whether] there are

circumstances that were not foreseen at the time of the order sought to be modified.”

Furry Puppet Studio Inc. v. Fall Out Boy, 2020 WL 4978080, at *1 (S.D.N.Y. Feb.

24, 2020). “The movant should also set forth the remaining discovery to be

conducted, why it is important and could not have been conducted earlier, why the

requested time (and not some lesser time) is necessary, how allowing additional time

would contribute to ‘the just, speedy, and inexpensive determination’ of the matter,

and any prejudice it would suffer if a modification is not made.” Id. (quoting Fed. R.

Civ. P. 1). Parties should consult Furry Puppet Studio for further description of the

“good cause” standard. As explained therein, the following factors do not provide a

basis for relief: “carelessness, an attorney’s otherwise busy schedule, or a change in

litigation strategy.” Id.

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

the conduct of non-jury trials described in Paragraph 5(C). That is, parties must

submit any documentary exhibits, declarations, and/or affidavits in support of or in

opposition to such motions at the time they submit their legal memoranda in support

of or in opposition to such motions.

C. Motions to Dismiss. Amendment as of right is permitted pursuant to Federal Rule of

Civil Procedure 15(a)(1)(B). If the plaintiff amends its pleading, absent objection by

a defendant, the Court will deny the motion to dismiss as moot, without prior notice

to the parties. The moving party may then (a) file an answer or (b) file a new motion

to dismiss. In the event the moving party wishes to rely on its initially filed

memorandum of law, the party may so indicate in its motion to dismiss the amended

pleading and need not file the memorandum of law again.

D. Motions for Summary Judgment. The deadline for the latest date to submit

motions for summary judgment will be set at the Initial Pretrial Conference or at the

Post-Discovery Status Conference.

i. Rule 56.1 Statements. Counsel for a party moving for summary

judgment shall provide all other parties with an electronic copy, in word

processing format, of the moving party’s Statement of Material Facts

Pursuant to Local Rule 56.1. Counsel for opposing parties must reproduce

each entry in the moving party’s Rule 56.1 Statement and set out the

opposing party’s response directly beneath it. The opposing party need

not but may file its own additional Statement of Material Facts.

To streamline the summary judgment briefing process, the Court strongly

encourages the parties to negotiate and submit a Joint Rule 56.1 Statement

setting out all facts as to which the parties agree.

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Parties should not incorporate the Rule 56.1 Statement by reference in

their memoranda of law as a substitute for a statement of all material facts.

Rather, the memorandum of law itself, which should comply with

Paragraph 2(I), must set forth all material facts in a fact section. Each

factual assertion should cite (with specific page and/or paragraph

numbers) to declarations, affidavits or other documents that have been

separately filed. Factual assertions contained within other sections of the

memorandum also must be followed by a citation to documents in the

record.

As set forth in Paragraph 2(D) of these Individual Practices and Sections

5.1 and 13.3 of the S.D.N.Y. Electronic Case Filing Rules and

Instructions, exhibits must be filed as attachments to the main document,

and each attachment must be clearly titled in the ECF entry so the subject

of the exhibit is clear.

For example: DECLARATION of Counsel in Support re: 50 MOTION for

Summary Judgment (Attachments: #1 Exhibit A (Emails 9/10/19), #2

Exhibit B (Franchise Agreement), #3 Exhibit C (5/27/20 Letter), #4

Exhibit D (Deposition Excerpt)).

Not: DECLARATION of Counsel in Support re: 50 MOTION for

Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit

C, #4 Exhibit D).

Under Local Civil Rule 56.1, failure to submit a separate, short and

concise statement, in numbered paragraphs, of material facts as to which

the moving party contends there is no genuine issue to be tried may

constitute grounds for denial of the motion. L.R. 56.1(a). Each numbered

paragraph in a Rule 56.1 Statement must be followed by citation to

evidence which would be admissible. L.R. 56.1(d). Each numbered

paragraph in a Rule 56.1 Statement will be deemed to be admitted for

purposes of the motion unless specifically controverted by a

correspondingly numbered paragraph in the statement of the opposing

party. L.R. 56.1(c).

ii. Exception for Pro Se Parties. A pro se party moving for summary

judgment is required to file with the Court a Statement of Material Facts

Pursuant to Local Rule 56.1, but it need not be provided in word

processing format, nor need it be provided to any other party.

E. 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 Local Civil

Rules 55.1 and 55.2. A plaintiff seeking a default judgment should not proceed by

order to show cause.

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F. Bankruptcy Appeals. Briefs must be submitted in accordance with Federal Rules 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.

G. Applications for Temporary Restraining Orders (“TROs”). Parties intending to

file applications for TROs or other emergency relief must send all of their papers (in

text-searchable .pdf format) to Chambers by email. The email should also include

(1) the word “URGENT” in the subject line; (2) a telephone number at which the

party (and any other relevant parties) can be reached; and (3) the relevant parties’

available for a teleconference in the next few days. As noted above, parties should

not hand-deliver any documents without advance permission.

4. Conferences

A. Teleconferences. Unless otherwise ordered by the Court, all conferences and

proceedings in civil cases will be held by telephone. The parties should call the

Court’s dedicated conference line at 646-453-4442 and enter the conference ID

358639322, followed by the pound (#) key.

i. Decorum and Protocol. Parties are expected to treat teleconferences as

they would treat any public court appearance. If another conference or

hearing is ongoing, parties shall remain silent (mute the line) until their

case is called.

When speaking during a conference held by telephone, parties should

identify themselves each time prior to speaking.

Phones should be placed on mute when not speaking to eliminate

background noise.

Whenever possible, parties are encouraged to use a landline and to use a

handset rather than speakerphone.

Parties are reminded that interrupting will likely render both speakers

unintelligible.

ii. Record. All teleconference participants are hereby on notice that the

Court may be recording teleconferences via audio file and/or through the

service of a court reporter participating telephonically.

iii. Notice Obligation. With the sole exception of pro se litigants, each party

is responsible for ensuring that every other party is aware that the

conference will proceed telephonically.

B. Initial Pretrial Conference. The Notice of Initial Pretrial Conference will be

docketed on ECF. If all parties are represented, plaintiff’s counsel (or, in a matter

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removed from state court, defense counsel) must notify all counsel of the Notice and

must alert the Court via letter-motion two business days in advance of the scheduled

time if the conference needs rescheduling. Such letter-motion should include three

proposed alternative times. However, the Court reserves the right to set the

conference on a date and time convenient to the Court without regard to the requested

alternative times. If there is a combination of represented and pro se parties, the

represented parties shall take responsibility to notify any pro se parties. If all parties

are pro se, there is no responsibility for any party to notify another.

All Initial Pretrial Conferences will be held via teleconference unless the Court

directs otherwise. Parties may request an in-person Initial Pretrial Conference by

submitting a letter-motion in accordance with Paragraph 1(C) no later than one week

before the date of the conference.

As a general matter, a court reporter will not be present for Initial Pretrial

Conferences unless a party requests one via letter-motion no later than one week

before the date of the conference.

The Notice of Initial Pretrial Conference will direct the parties, inter alia, to jointly

submit on ECF at least one week before the conference a proposed Case Management

Plan and Scheduling Order, available on Judge Liman’s website at

https://www.nysd.uscourts.gov/hon-lewis-j-liman. The proposed joint Case

Management Plan and Scheduling Order should include responses on which the

parties have been able to reach agreement. Parties may submit alternative proposals

for areas on which they cannot agree. In addition to the matters set forth in Federal

Rule of Civil Procedure 16, counsel for all parties should be prepared at the Initial

Pretrial Conference to describe the case, any contemplated motions, and the prospect

for settlement. The Court encourages parties to discuss contemplated motions with

one another prior to the Initial Pretrial Conference.

If the dates requested in the proposed Case Management Plan and Scheduling Order

differ from the default rules (as listed in italics in the Case Management Plan and

Scheduling Order, available on Judge Liman’s website), the parties shall identify by

cover letter, submitted simultaneously with the Case Management Plan and

Scheduling Order, each such difference and the reasons for it.

C. Discovery Disputes in Non-Pro Se Cases. Notwithstanding Local Rule 37.2,

discover disputes shall be governed by the following procedures. Any party wishing

to raise a discovery dispute with the Court must first attempt to confer in good faith

with the opposing party, in person or by telephone, to try and resolve the dispute. If,

after attempting to meet and confer, the dispute has not been resolved, any party may

file a letter-motion on ECF, no longer than three single-spaced pages, explaining the

nature of the dispute and the relief requested. Such letter shall include a certification

that it has, in good faith, conferred or attempted to confer with the party failing to

make disclosure or discovery pursuant to Federal Rule of Civil Procedure 37(a)(1). If

the opposing party wishes to respond to the letter-motion, the opposition (which

should take the form of a letter, not to exceed three single-spaced pages) must be filed

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on ECF within two business days. Counsel should be immediately prepared to

discuss with the Court the matters raised by such letters, as the Court will seek to

resolve discovery disputes quickly by order, conference, or telephone. The Court

may seek such resolution before any opposition is submitted.

Counsel is expected to be available to meet and confer within 48 hours of receiving a

request from the initiating party. If counsel for the non-moving party fails to meet

and confer within 48 hours of a request, then counsel for the moving party will be

deemed to have satisfied the obligation to attempt in good faith to meet and confer

and may file the letter on ECF referred to in the paragraph above. The non-moving

party should be aware that, if it has failed to meet and confer, the Court will reserve

its discretion to permit the moving party a short reply.

D. Discovery Disputes in Pro Se Cases. Any party wishing to raise a discovery dispute

with the Court must first attempt to confer in good faith with the opposing party, in

person or by telephone, to try and resolve the dispute. If the parties are unable to

resolve the dispute, or if, after attempting to meet and confer, the non-moving party is

unavailable to meet and confer, the moving party may file a letter-motion requesting

an informal conference. The letter-motion should explain the nature of the dispute

and set forth the efforts made to meet and confer and the reasons they were

unsuccessful.

5. Trial Procedures

A. Joint Pretrial Order. The Court will set a date for the Joint Pretrial Order at the

Initial Pretrial Conference or at the Post-Discovery Status Conference. In a non-pro

se case, the Order shall include the following:

i. The full caption of the action, as the parties wish it to appear on all trial

documents;

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

of trial counsel;

iii. A brief statement by the plaintiff (or, in a removed case, by the 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 any

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 whether the case is

to be tried with or without a jury;

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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 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.

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;

ix. A list of all trial witnesses, 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;

x. 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;

xi. A list by each party of exhibits to be offered in its case in chief, with one

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 the Court should rule on such objection in advance of trial, that

party should indicate a notation to that effect (e.g., “Advance Ruling

Requested”);

xii. 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

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

verdict.

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. Absent leave of the Court, each party

must file a single memorandum of law, consistent with Paragraph 2(I)

above, in support of all motions in limine filed by that party.

ii. In all cases, no pretrial memorandum of law shall be submitted absent

express permission from the Court.

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iii. In jury cases, joint requests to charge, joint proposed verdict forms, and

joint proposed voir dire questions. For any request to charge, portion of a

verdict form, or proposed voir dire question on which the parties cannot

agree, each party should clearly set forth its proposal and briefly state why

the Court should use it, with citations to supporting authority.

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. They should not be argumentative.

At the time of filing, parties should submit copies of these documents to

the Court by email (LimanNYSDChambers@nysd.uscourts.gov), both in

.pdf format and in word processing format.

C. Additional Submissions in Non-Jury Cases. At the time the Joint Pretrial Order is

filed, each party shall submit to the Court by email (LimanNYSDChambers@nysd.

uscourts.gov) and serve on opposing counsel, but not file on ECF, the following:

i. Any affidavits or stipulations that are admissible under the Federal Rules

of Evidence and that will be offered as substantive evidence;

ii. Any deposition excerpts that 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;

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

documentary exhibits are voluminous or are too large to email, the parties

shall submit each documentary exhibit in a labeled file (ex: “PX-1,” “DX-

1,” etc.) under the file transfer protocol as described in Paragraph 2(N).

Irrespective of the method of transfer, all documentary exhibits from each

party must also be submitted, when possible, as a consolidated and

bookmarked PDF, in addition to individual files. If submission of

electronic copies would unduly burden a party, the party may seek leave

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

documentary exhibits in hard copy. Hard copies, if expressly permitted by

the Court, shall consist of tabbed and indexed three-ring binders; and

iv. A document in word processing format 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, to be filled in

by the Court during trial.

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

after the filing of the Joint 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.

E. Pretrial Statement in a Pro Se Case. In a pro se case, in lieu of a Joint Pretrial

Order, a pro se plaintiff shall file a concise, written Pretrial Statement. This Pretrial

Statement need take no particular form, but it must contain the following: (1) a

statement of the facts the plaintiff hopes to prove at trial; (2) a list of all documents or

other physical objects that the plaintiff plans to put into evidence at trial; and (3) a list

of the names and addresses of all witnesses the plaintiff intends to have testify at trial.

The Pretrial Statement must be sworn by the pro se party to be true and accurate

based on the facts known by the pro se party. A pro se plaintiff shall file an original

of this Pretrial Statement with the Pro Se Intake Unit. Two weeks after service of the

pro se party’s Pretrial Statement, counsel for any represented party must file and

serve a similar Pretrial Statement containing the same information.

6. Participation by Junior Attorneys, Generally. 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 trial—particularly

where that attorney played a substantial role in drafting the underlying filing or in preparing

the relevant witness. Nevertheless, all attorneys appearing before the Court must have

authority to bind the parties they represent consistent with the proceedings (for example, by

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

likely to arise at the proceeding. The ultimate decision of who speaks on behalf of the client

is for the lawyer in charge of the case, not for the Court.

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Effective: June 1, 2022

ATTACHMENT A

PROCEDURE FOR SEALED OR REDACTED FILINGS

All redactions other than those under Federal Rule of Civil Procedure 5.2 require Court

approval. The Court will review each proposed redaction individually.

To be approved, redactions must be narrowly tailored to serve whatever purpose justifies them

and 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

(or protective order) 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., 2015 WL 4750774, at *4 (S.D.N.Y. Aug. 11, 2015).

Letter-motions for approval of redacted or sealed filings and the subject documents, including

the proposed sealed document(s), must be filed electronically through ECF in conformity with

the Court’s standing order, 19-mc-00583, and S.D.N.Y. Electronic Case Filing Rules and

Instructions, Section 6.

1. File a letter-motion in public view, explaining the particular reasons for seeking to file

the document with redactions or under seal. A separate explanation must be provided for

each and every portion of the document sought to be redacted (or for why the document

in full should be maintained under seal). The letter-motion should not include

confidential information sought to be redacted or filed under seal.

2. File the document under seal with the text sought to be redacted highlighted and visible

(or otherwise prominently marked so that it is clear what is sought to be redacted).

Electronically relate the sealed document to the letter-motion. The summary docket text

will be open to public inspection and should not include confidential information sought

to be redacted or filed under seal. The sealed document itself will not be viewable by the

public.

3. File the document on the public docket with the confidential information redacted. If

seeking to file the document completely under seal because there is a valid basis to

overcome the presumption in favor of public access for the entire document, file a

placeholder. Electronically relate the document to the letter-motion.

4. Specific Issues

a. Multiple Attachments. If a document has a number of attachments, some of which

have confidential information and some of which do not (e.g., a declaration with

confidential and non-confidential exhibits), in Step 2 above, file the document and all

of the attachments under seal, including those that do not have confidential

information, but follow Step 3 and file the document on the public docket with only

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the confidential information redacted.

b. Confidential Information of Another Party. If a party seeks to file a document with

redactions or under seal because the document contains information marked

confidential by another party, the letter-motion filed in Step 1 must so indicate and

may request that the Court not rule on the letter-motion for one week. The filing

party must meet and confer with the party who produced the confidential information

(the “Producing Party”). If the Producing Party does not seek to keep that

information redacted or under seal, the filing party must so inform the Court by letter

to be filed within one week of the letter-motion. If the Producing Party seeks

continued redaction or sealing of any materials, the Producing Party shall within one

week:

i. File a letter-motion in public view, explaining the particular reasons for

seeking to keep the document with redactions or under seal, and attach as an

exhibit the document with the confidential information redacted.

ii. File the same letter under seal and attach as an exhibit the document with the

requested redactions highlighted and visible (or otherwise prominently

marked so that it is clear what is sought to be redacted).

Failure by the Producing Party to file a letter within one week will constitute grounds

for unsealing. If the Court approves the Producing Party’s redactions, the filing party

will be ordered to re-file the document with redactions consistent with those proposed

by the Producing Party.

c. Non-ECF Filing. Any party unable to comply with the requirements 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 by other means.

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