Hon. Louis L. Stanton — Individual Rules of Practice

Revised 6/3/2021

INDIVIDUAL PRACTICES OF JUDGE LOUIS L. STANTON

Unless otherwise ordered by Judge Stanton, matters

before Judge Stanton shall be conducted in accordance with

the following practices:

1. Communications With Chambers

A. Letters. Except as otherwise provided below,

communications with chambers shall be by letter, with copies

simultaneously delivered to all counsel. Copies of

correspondence between counsel shall not be sent to the

Court.

B. Telephone Calls. In addition to Paragraph 1(D)

below, telephone calls to chambers are permitted. For

matters other than docketing, scheduling or calendaring,

call chambers at (212)805-0252.

C. Faxes & Emails. Faxes and emails to chambers are

not permitted.

D. Docketing, Scheduling, and Calendar Matters. For

docketing, scheduling and calendar matters, call chambers at

(212)805-0252.

E. Requests for Adjournments or Extensions of Time.

All requests for adjournments or extensions of time must

state (1) the original date, (2) the number of previous

requests for adjournment or extension, (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 (reflecting only

business days) must be attached. If the request is for an

adjournment of a court appearance, absent an emergency it

shall be made at least 48 hours prior to the scheduled

appearance.

F. Inquiries. If a matter is not decided within sixty

days of the time it is fully submitted, or its pendency

undecided creates particular problems for any party, counsel

may write so advising the court.

2. Motions

A. Pre-Motion Conferences in Civil Cases. For

discovery motions, follow Local Civil Rule 37.2. For

motions other than discovery motions, a pre-motion

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conference with the court is required before making

anymotion, except applications for temporary

restraining orders or for injunctive relief, motions

made by persons in custody, motions to dismiss in lieu

of an answer, motions for reduction of sentence,

motions for reargument, motions to affirm or vacate an

arbitration award, Pro Hac Vice motions, and appeals

from a magistrate judge’s rulings. To arrange a pre-

motion conference, the moving party shall submit a

letter not to exceed three pages in length setting

forth the basis for the anticipated motion.

B. Courtesy Copies. Courtesy copies of all motion

papers, marked as such, should be submitted to chambers at

the time papers are served.

[C. Memoranda of Law. Omitted.]

D. Filing of Motion Papers. Motion papers shall be

filed promptly after service.

E. 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.

F. Paragraphs A and D above do NOT apply to any of

the motions described in Federal Rule of Appellate Procedure

4(a)(4)(A). A pre-motion conference is not required before

making such motions, which should be filed when served.

G. In all submissions to Judge Stanton where exhibits

are attached, the exhibits shall be separated by index tabs

so that the particular exhibit may be readily located within

the group of exhibits.

3. Electronic Filing Under Seal

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/Redactions 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, 19-mc-00583, and

ECF Rules & Instructions, section 6.

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The motion to seal must be filed in public view, must explain

the particular reasons for seeking to file that information

under seal and should not include confidential information

sought to be filed under seal. Supporting papers must be

separately filed electronically and may be filed under seal

or redacted only to the extent necessary to safeguard

information sought to be filed under seal.

The proposed sealed document must be contemporaneously filed

under seal in the ECF system and electronically related to

the motion. The summary docket text, but not the sealed

document, will be open to public inspection and should not

include confidential information sought to be filed under

seal.

Because a stipulated confidentiality or protective order does

not take into account the special (and Constitutional) public

interests in access to materials submitted to a court to

influence a judicial action, it does not serve as an

independent basis for sealing of documents submitted in court

applications.

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.

4. Pretrial Procedures

A. Joint Pretrial Orders in Civil Cases.

Subsequent to the completion of discovery, parties in civil

actions will be required to file a pre-trial order which

shall conform to the guidelines set forth in this

memorandum. At trial, the parties may only offer proof

with respect to the disputed facts contained in the pre-

trial order. The agreed facts will automatically become

part of the record.

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The time limits for the filing of the pre-trial order will

be established by the Court at a pre-trial conference.

Since Judge Stanton's procedure differs substantially from

that of other judges of this Court, counsel should review it

carefully before beginning to prepare their order. A sample

pre-trial order has been annexed as a guide at the end of

these rules.

Judge Stanton's procedure is as follows:

1) Promptly after the completion of discovery,

plaintiff shall serve on defendant a set of proposed

findings of ultimate fact, without evidentiary

detail, which would be sufficient to sustain a

judgment for plaintiff if these facts were ultimately

found to be true. Twenty findings should be

sufficient in most cases.

2) Following the receipt of plaintiff's proposed

findings:

a. Defendant shall inform plaintiff which proposed

findings are contested and which are not contested.

Disagreements should be on substance only, not on form

or wording.

b. Defendant shall serve on plaintiff proposed

counter-findings of ultimate fact with respect to the

contested findings. With each counter-finding,

defendant shall list the evidentiary source which

supports his or her contentions, such as the page

number of a deposition, name of a witness, exhibit or

photograph.

c. Defendant shall also serve proposed findings on

affirmative defenses and other subject matter not

covered by plaintiff. Defendant's concessions,

counter-findings, and new proposed findings should be

sufficient to sustain judgment in defendant's favor

if found to be true.

3) Following receipt of defendant's counter-findings

and new proposed findings:

a. Plaintiff shall inform defendant which of

defendant's proposed findings are contested and which

are not contested. With respect to those which

plaintiff contests, defendant shall list the

evidentiary sources which support his or her

contentions.

b. Plaintiff must then support each of the initially

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proposed findings which defendant disputes with an

evidentiary source, citing the source which supports

each proposed finding immediately after it.

c. Plaintiff shall also add reply counter-findings to

defendant's new contentions with appropriate

evidentiary support.

4) At this point the parties should meet to collate

the various disputed and undisputed proposed findings,

submitting to the court ONE CONSOLIDATED pre-trial order

signed by all the parties to the action. This pre-trial

order will consist of (1) a section containing agreed

findings of fact, (2) a section containing plaintiff's

proposed findings of fact with evidentiary sources, (3) a

section containing defendant's proposed findings of fact

listed immediately after the proposed finding it supports

with evidentiary sources, (4) a joint list of expert

witnesses, identified by name, and the party calling said

witness(es), (5) a list of premarked joint trial exhibits

which the parties agree may be received in evidence, (6) a

list of other premarked exhibits which the parties do not

agree may be received in evidence, together with the basis

for objection and citation to the applicable Federal Rule of

Evidence, and (7) a section indicating whether the action is

a jury or nonjury matter and estimating the trial time which

each party will require.

When expert witnesses will be used to support disputed

findings, the party who will call the expert must

submit to his adversary and file with the Court on or

before the submission date of the pre-trial order, a

sworn statement, executed by the expert witness,

summarizing his or her education and professional

background and his or her direct testimony. References

to any documents or sources on which the expert will

rely must also be included. When the expert is a

doctor, however, the medical report will be accepted

in lieu of an affidavit.

5) Finally, with the pre-trial order the parties

shall each submit trial briefs on contested issue(s) of

law, requests to charge, proposed voir dire, and copies of

the expert's sworn statements, if applicable. Trial briefs

should also identify and address any evidentiary issue(s)

likely to arise at trial. Briefs should be concise,

declaratory statements of the law without unnecessary

detail or recitation of facts. Each statement of law in

the briefs must be supported by citation to appropriate

authority.

B. Procedure in Cases set for Trial before Judge Stanton

(Both Civil and Criminal)

Counsel with either jury or bench cases set for trial

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are to comply with the following procedures:

1) Trial Date. All trial settings are firm. The

court clerk will be happy to answer your questions as to how

the schedule appears, but reliance upon such information

will not justify a continuance. Counsel

with out-of-town witnesses or other special scheduling

problems may request appropriate consideration by presenting

an application well before the trial date.

2) Pre-trial Submissions. In jury trials, counsel are

required to submit at the time the joint pre-trial order is

filed (1) a brief discussing the issues to be tried (2)

proposed voir dire questions and a list of individuals,

companies or other entities that may appear as witnesses or

otherwise be referred to during the trial, (3) proposed jury

charges. In bench trials, unless otherwise instructed,

counsel are required to submit proposed findings of fact and

conclusions of law with their trial briefs.

3) Exhibits. Counsel should stipulate to the

foundation for all exhibits whose authenticity is not

questioned. Trial time will not be wasted on unnecessary

foundation testimony.

All exhibits should be marked prior to

introduction. No trial time will be used for this purpose.

At the beginning of the trial, a complete extra set

of documentary exhibits should be handed to the Judge for

his use during the trial. Upon application, the court may

excuse a party from this requirement where it would be

burdensome.

4) Sidebar Conferences. Sidebar conferences will be

kept to a minimum. This court agrees with Standard 5.9 of

the Standards suggested by the American Bar Association

Advisory Committee on the Judge's Function (1972):

The trial Judge should be alert to

the distracting effect on the jury

during the taking of evidence of

frequent bench conferences between

counsel and the judge out of the

hearing of the jury, and should

postpone the requested conference to

the next recess except when an

immediate conference appears

necessary to avoid prejudice.

5) Procedure during Trial:

a. Please be on time for each court session. If you

have matters in other courtrooms, arrange in advance to

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have them continued or have a colleague handle them for

you.

b. Please stand whenever you address the court. This

includes the making of objections.

c. Stand a respectful distance from the jury at all

times.

d. In your opening statement to the jury, do not

argue the case and do not discuss law. Confine

yourself to a concise summary of the important facts.

Do not describe in detail what particular witnesses

will say. Unless the case is unusually complex, each

party will be limited to 10 minutes.

e. Please stand when you question witnesses.

(Counsel with physical disabilities will be excused

from this requirement). Do not pace about the

courtroom when questioning witnesses. This distracts

the jury and wastes time.

f. If you intend to question a witness about a group

of documents, avoid delay by having all the documents

with you when you start the examination.

g. When you object, make your objection short and to

the point. Do not argue the objection in the presence

of the jury, and do not argue with the ruling of the

court in the presence of the jury. Do not make motions

(e.g., a motion for a mistrial) in the presence of the

jury. Such matters may be raised at the first recess.

h. Do not face or otherwise appear to address

yourself to jurors when questioning a witness.

i. The jury should hear the instructions on the law

of the case from the court, an impartial source. In

your final argument, you may tell the jury what you

believe the substance of the court's instruction on a

particular subject will be, but do not read or quote

any instruction.

LOUIS L. STANTON

UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

- - - - - - - - - - - - - - - - -X

ABC LEATHER DISTRIBUTORS, INC.,

Plaintiff, CONSENT PRE-TRIAL ORDER

- against - ____ Civ. ____ (LLS)

THE SUNNYSIDE BANK, N.A.,

Defendant.

- - - - - - - - - - - - - - - - - -X

The parties, having exchanged proposed findings

and counter-findings of fact in accordance with the pre-

trial procedures of United States District Judge Louis L.

Stanton, hereby submit the following:

A. Agreed Findings of Fact

1. Plaintiff ("ABC") is a New Jersey corporation

engaged in the business of importing, processing and selling

leather, having its principal place of business in Jersey

City, New Jersey.

2. At all relevant times herein, ABC's president

was one Samuel Smith.

3. Defendant ("Sunnyside") is a national banking

association engaged in the business of banking in the state

of New York, having its principal place of business in New

York, New York.

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4. In or about January 1975, ABC opened a checking

account with Sunnyside at its main branch in New York City.

5. One of ABC's suppliers after January 1975 was a

Brazilian export company, Brazilian Leather Exports ("BLE").

6. BLE's bank in Brazil was the Commercial Bank of

Brazil ("CBB").

7. On or about December 1, 1975, on written

application by ABC, Sunnyside opened an irrevocable

documentary letter of credit to the benefit of CBB in Brazil

(the "CBB credit") in the amount of $700,000 and with an

expiration date of June 1, 1976. A copy of the CBB credit

will be marked as Joint Trial Exhibit 1.

8. On or about December 8, 1975, ABC executed a

demand note in the amount of $700,000 to the benefit of

Sunnyside to cover the CBB credit. A copy of this demand

note will be marked as Joint Trial Exhibit 2.

9. The business purpose of the CBB credit, as

communicated to Sunnyside, was to induce CBB to provide

inventory financing to ABC's Brazilian supplier, BLE.

10. Sunnyside personnel drafted the wording of the

CBB credit.

11. On April 13, 1976 Jonathan Jones of Sunnyside's

International Department telephoned Samuel Smith with regard

to a telex. A copy of the telex will be marked as Joint

Trial Exhibit 3.

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12. On or about April 20, 1976, Sunnyside remitted

payment of $700,000 to CBB.

13. On or about April 20, 1976, Sunnyside sent an

advice of payment to ABC. This advice of payment will be

marked as Joint Trial Exhibit 4.

14. ABC did not receive any documentation from

Sunnyside with respect to the drawing of the CBB credit

until the commencement of this action.

15. On or about May 1, 1976 Sunnyside called the

$700,000 demand note and demanded payment in full. ABC made

payment in full on or about May 31, 1976.

16. In August 1976 Sunnyside received documents

from CBB purporting to fulfill the documentary requirements

of the CBB credit. These documents will be marked

respectively as follows: a signed sight draft for $700,000

dated March 21, 1976--Joint Trial Exhibit 5A; a bank

statement relating to BLE's accounts at CBB--Joint Trial

Exhibit 5B; and two telegrams from CBB to BLE--Joint Trial

Exhibits 5C, 5D.

B. Plaintiff's Proposed Findings of Fact

1. ABC communicated to Sunnyside in April 1976

that it did not intend to be obligated under the CBB credit

after the expiration date of June 1, 1976 and unless the

requisite documents were received. (Testimony of Samuel

Smith; text of CBB credit, Joint Trial Exhibit 1).

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2. After April 13, 1976 ABC made continued demands

on Sunnyside for the documents called for under the CBB

credit. Documents reflecting such demands will be marked as

Plaintiff's Exhibits 1, 2, and 3. (Testimony of Samuel

Smith; Deposition of Jonathan Jones, pp. 31-33; Telegrams

from ABC to Sunnyside, Plaintiff's Exhibits 1, 2, and 3).

3. Sunnyside did not request on April 13, 1976 or

thereafter a waiver of the documentary requirements of the

CBB credit and no such waiver was ever given. (Testimony of

Samuel Smith; Deposition of Jonathan Jones, pp. 38-41;

Deposition of Harvey Harris, vice-president of Sunnyside's

Commodity Finance Division, pp. 102-06).

4. In March and April of 1976 BLE was not in

material breach of any of its obligations to CBB.

(Testimony of Daniel Darnel, former president of BLE).

C. Defendant's Proposed Findings of Fact

1. During the telephone conversation between Smith

and Jones with regard to the telex received on April 13,

1976, Jones read the entire telex to Smith and advised Smith

that the documentary requirements had not been received.

(Testimony of Jonathan Jones; Deposition of Samuel Smith,

pp. 59-62).

2. By word and conduct, ABC waived its right to

insist that the required documents be received before

payment was made under the CBB credit. (Testimony of

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Jonathan Jones; Testimony of Frederick Foster; CBB credit,

Joint Trial Exhibit 1; CBB telex, Joint Trial Exhibit 3;

Advice of payment, Joint Trial Exhibit 4; Smith letter to

Jones dated April 30, 1976, Defendant's Exhibit A).

3. BLE had failed to repay amounts due CBB and was

in default at the time CBB drew under the CBB credit. (BLE

loan application form, Joint Trial Exhibit 6; BLE bank

statement, Joint Trial Exhibit 5B; two telegrams from CBB to

BLE, Joint Trial Exhibits 5C and 5D; Testimony of Ricardo

Ramirez, vice-president of CBB).

D. Expert Witnesses

The plaintiff does not intend to call upon any

expert witness to testify.

The defendant intends to call upon the following

expert witness to testify:

1. Frederick Foster

E. Premarked Joint Trial Exhibits

The parties hereby stipulate and agree that the

following exhibits may be received, with the Court's

approval, in evidence at trial as premarked joint trial

exhibits:

1. CBB letter of credit

2. $700,000 demand note to benefit of Sunnyside

3. CBB telex to Sunnyside

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4. Advice of payment from Sunnyside to ABC

5A. Signed draft for $700,000

5B. BLE bank statement

5C. Telegram from CBB to BLE dated Feb. 21, 1976

5D. Telegram from CBB to BLE dated March 10, 1976

F. Premarked Disputed Exhibits

The parties have not been able to agree on the

admissibility of the following premarked exhibits which they

intend to offer at trial.

The plaintiff will offer the following exhibits to

be received in evidence, to which the defendant objects:

1. Telegram from ABC to Sunnyside dated April

15, 1976

(Defendant objects on grounds of

authenticity pursuant to Fed. R. Evid.

901).

2. Telegram from ABC to Sunnyside dated April

22, 1976

(Defendant objects on grounds of

authenticity pursuant to Fed. R. Evid.

901).

3. Telegram from ABC to Sunnyside dated May 5,

1976

(Defendant objects on grounds of

authenticity pursuant to Fed. R. Evid.

901).

The defendant will offer the following exhibit to

be received in evidence, to which plaintiff objects:

A. Smith letter to Jones dated April 30, 1976

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(Plaintiff objects on grounds of hearsay

pursuant to Fed. R. Evid. 802).

G. Type of Trial and Estimated Length

1. Plaintiff has made a demand for trial by jury.

2. Plaintiff estimates that it will take half a

day to present its case.

3. Defendant estimates that it will take half a

day to present its case.

Dated: New York, New York

__________________

(Date)

FIRM NAME

By ____________________

(Signature)

Address and telephone No.

Attorneys for Plaintiff(s)

FIRM NAME

By ___________________

(Signature)

Address and telephone No.

Attorneys for Defendant(s)

So Ordered.

Dated: New York, New York

__________________

(Date)

_______________________________

U. S. D. J.

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