Hon. Paul G. Gardephe — Individual Rules of Practice

Last updated July 2025

INDIVIDUAL RULES OF PRACTICE OF JUDGE PAUL G. GARDEPHE

CIVIL CASES

Chambers Courtroom

United States District Court 40 Foley Square, Courtroom 705

Southern District of New York

40 Foley Square, Room 2104

New York, New York 10007

GardepheNYSDChambers@nysd.uscourts.gov

https://nysd.uscourts.gov/hon-paul-g-gardephe

Unless otherwise ordered, these Individual Practices apply to all civil matters assigned to

the Honorable Paul G. Gardephe, except for pro se cases.

I. COMMUNICATIONS WITH CHAMBERS

A. Letters. Except as otherwise provided below, communications with the Court

shall be by letter. Letters may not exceed 5 pages in length. Unless accompanied by a request to

file under seal, letters shall be filed electronically on ECF. Please do not provide courtesy

copies of letters. See Rule II below regarding sealing requests. Include the case number on all

letters. Copies of letters to the Court shall be simultaneously delivered to all counsel, whether

via ECF notification or other means. Copies of correspondence between counsel shall not be

sent to the Court. Refer to Rule IV(E) below for letters concerning discovery disputes.

B. Telephone Calls. Telephone calls to Chambers are permitted only in emergency

situations requiring immediate attention. In such situations, parties should email the

Chambers inbox requesting the Court’s contact information.

Ex parte telephone calls will ordinarily not be accepted; wherever possible,

counsel for all affected parties should be on the line when a call to Chambers is placed, except to

the extent that similarly situated parties have designated a lead counsel to represent them on such

a call. Please be ready to provide your case number when calling Chambers.

C. Hand Deliveries. Hand deliveries made to Chambers must be simultaneously

delivered to all counsel. Hand-delivered mail should be left with the Court Security Officer at

the Worth Street entrance of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New

York, NY 10007; it may not be brought to Chambers.

D. Requests for Extension of Deadlines. All requests for extensions of deadlines

shall be made as soon as a party is aware of the need for the extension and, in any event, no later

than two business days prior to the scheduled deadline, absent an emergency. Requests should

be made in writing in accordance with Rule I(A) above, or by joint stipulation. The request must

state: (1) the deadline(s) sought to be extended, (2) the length of time requested for the

extension, (3) the number of previous requests for extensions and the Court’s rulings, (4) the

reason for the current request, and (5) whether the adversary consents, and, if not, the reasons

given by the adversary for refusing to consent. If the requested extension affects any other

scheduled dates, the request must list the proposed change for all such other dates. If all parties

consent to the extension, a stipulation that reflects the required information may be filed. Note:

to the extent a party’s adversary does not consent to a request regarding a discovery deadline, the

party must also comply with the requirements of Rule IV(E) below.

E. Requests for Adjournment of Court Appearances (Including Telephone

Conferences). A request for an adjournment of a court appearance shall be made as soon as a

party is aware of the need for the adjournment and, in any event, no later than two business days

prior to the scheduled appearance, absent an emergency. Requests should be made in writing in

accordance with Rule I(A) above. The request must state: (1) the date of the scheduled

appearance, (2) the length of time requested for the adjournment and suggested dates on which

all parties are available (civil conferences are typically held on Thursday mornings), (3) the

reason for the requested adjournment, (4) whether the adversary consents, and, if not, the reasons

given by the adversary for refusing to consent. The appearance is not adjourned unless counsel

are thereafter informed – typically by the posting of a signed order on ECF – that the written

application has been granted.

II. SEALING REQUESTS

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. Such sensitive information includes: Social

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

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

approval of sealed or redacted filing includes: personal identifying numbers (PIN numbers);

medical records, treatment and diagnosis; employment history; individual financial information;

proprietary or trade secret information; home addresses; and information regarding an individual’s

cooperation with the government.

Sensitive information and information requiring caution must not be included in

any document filed with the Court unless such inclusion is necessary and relevant to the case. If

such information must be included, personal identifiers must be partially redacted in accordance

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

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

approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents,

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

system in conformity with the court’s standing order, 19-mc-00583, and ECF Rules &

Instructions, section 6.

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

seeking to file that information under seal and should not include confidential information sought

to be filed under seal. Supporting papers must be separately filed electronically and may be filed

under seal or redacted only to the extent necessary to safeguard information sought to be filed

under seal.

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The proposed sealed document must be contemporaneously filed under seal in the

ECF system and electronically related to the motion. The summary docket text, but not the sealed

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

to be filed under seal.

Where the motion seeks approval to redact information from a document that is to

be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions,

and (b) electronically file under seal a copy of the unredacted document with the redactions

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

the motion.

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

to serve whatever purpose justifies the redaction or sealing and must be otherwise consistent with

the presumption in favor of public access to judicial documents. See Lugosch v. Pyramid Co. of

Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). In general, the parties’ consent or the fact that

information is subject to a confidentiality agreement between litigants is not, by itself, a valid basis

to overcome the presumption in favor of public access to judicial documents. See, e.g., In re Gen.

Motors LLC Ignition Switch Litig., No. 14-MD-2543(JMF), 2015 WL 4750774, at *4 (S.D.N.Y.

Aug. 11, 2015).

The party seeking leave to file sealed or redacted materials should meet and confer

with any opposing parties (or third parties seeking confidential treatment of the information, if

any) in advance to narrow the scope of the request. When a party seeks leave to file sealed or

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

shall notify the opposing party or third party that it must file, within three days, a letter explaining

the need to seal or redact the materials.

Any party unable to comply with the requirement for electronic filing under seal

through the ECF system, or who has reason to believe that a particular document should not be

electronically filed, must move for leave of the Court to file in the traditional manner, on paper.

III. MEDICAL AUTHORIZATIONS

In any case involving allegations of personal injury – whether physical,

psychological, emotional or otherwise – the plaintiff is to provide to the defendant all necessary

medical authorizations within 10 days after an answer or other responsive pleading is filed.

IV. MOTIONS

A. Pre-Motion Conferences in Civil Cases. Pre-motion conferences are required

for the following motions: discovery motions, motions to amend pleadings, motions to file a

third party complaint, motions for sanctions, transfer motions, summary judgment motions, Fed.

R. Civ. P. 12 motions, Fed. R. Civ. P. 21 motions, and Fed. R. Civ. P. 42 motions. Pre-motion

conferences are not otherwise required. To request a pre-motion conference, send the Court a

letter of no more than 5 pages, describing the grounds for the proposed motion and whether the

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motion is on consent of all parties. If the motion is not on consent, any opposing party should

submit a letter setting forth its position, of no more than 5 pages, within 3 business days after the

request is made. All pre-motion letters should be filed in accordance with Rule I(A) above. The

submission of a pre-motion letter does not stay any future deadlines, except that submission of a

pre-motion letter concerning a motion to dismiss will stay the defendant’s time to answer or

otherwise move with respect to the complaint. A pre-motion conference is not required in pro

se cases.

B. Memoranda of Law. Unless prior permission has been granted, memoranda of

law in support of and in opposition to motions are limited to 25 double-spaced pages, and reply

memoranda are limited to 10 double-spaced pages. Memoranda of 10 pages or more shall

contain a table of contents and a table of authorities. Both the text and footnotes must be in 12-

point font.

C. Filing of Motion Papers (“Bundling Rule”). In all cases (except pro se cases),

the moving party shall electronically file motion and reply papers on ECF only when the entire

motion has been briefed. The responding party shall electronically file opposition papers only

when noticed by the moving party that the motion and reply papers are being filed. Parties shall

send one courtesy copy of any submission to Chambers at the time they are electronically filed.

See Rule VI below regarding courtesy copies. Motions for reconsideration and motions in

limine are not subject to the “bundling rule.”

1. Exception to the “Bundling Rule” Upon notice to the court, a party may

file a motion before briefing is completed if waiting to file until the motion

is fully briefed could result in the loss of a right (such as by making it

impossible to file a timely appeal). Nothing in these Individual Practices

supersedes a specific time period for filing a motion specified by statute or

Federal Rule – including but not limited to Fed. R. Civ. P. 50, 52, 54, 59,

and 60, and Fed. R. App. P. 4 – where failure to comply with the specified

time period could result in forfeiture of a substantive right.

D. Oral Argument on Motions. Parties may request oral argument by letter at the

time their moving, opposition, or reply papers are filed. Requests shall be filed in accordance

with Rule I(A) above. The Court will determine whether argument will be heard and, if so, will

advise counsel of the argument date.

E. Discovery Disputes. Unless otherwise directed, counsel should describe their

discovery disputes in a single letter, jointly composed. Strict adherence to Fed. R. Civ. P.

37(a)(1), the “meet and confer” rule, is required, and should be described in the joint submission

as to time, place, and duration, naming the counsel involved in the discussion. The joint letter

shall describe concisely the issues in dispute and the respective position of each party, with

citations for supporting authority. Letters regarding discovery disputes should be filed in

accordance with Rule I(A) above. Where a formal discovery motion is necessary, follow Local

Civil Rule 37.2.

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F. Protective Orders. Parties who wish to obtain a protective order shall consult

the Court’s Model Protective Order, which is available on the Court’s website

(https://nysd.uscourts.gov/hon-paul-g-gardephe). The proposed protective order should be filed

on ECF as an attachment to a cover letter in accordance with Rule I(A) above, and with Rule 18

of the Southern District of New York Electronic Case Filing Rules & Instructions, which is

available at https://nysd.uscourts.gov. If the protective order proposed by the parties deviates

from the Court’s Model Protective Order, a blackline showing all deviations shall be provided as

a separate exhibit.

G. Approval of FLSA Settlements. Parties seeking judicial approval of a Fair

Labor Standards Act (“FLSA”) settlement shall submit a letter to the Court (1) explaining why

the proposed settlement reflects a reasonable compromise of disputed issues, rather than a mere

waiver of statutory rights, and (2) presenting the Court with sufficient evidence to determine

whether the settlement represents a fair and reasonable resolution of the disputes. See Mosquera

v. Masada Auto Sales, Ltd., No. 09-CV-4925 (NGG), 2011 WL 282327, at *1 (E.D.N.Y. Jan. 25,

2011). The Court will not approve an FLSA settlement without an explanation from counsel as

to why the proposed settlement is fair and reasonable.

H. Failure of the Court to Schedule Argument or Decide a Motion. If a motion is

not decided within 120 days of the time it is fully submitted or of argument, counsel for the

movant shall submit a letter to call this fact to the Court’s attention.

V. SUMMARY JUDGMENT MOTIONS

A. Any party filing a motion for summary judgment (or partial summary judgment)

shall submit with that motion a Local Civil Rule 56.1 Statement. Each numbered paragraph in

the Rule 56.1 Statement must contain only one factual assertion. Each factual assertion must be

followed by a supporting citation to the record, for example, “Ms. Jones visited Dallas, Texas on

July 10, 1989. Smith Aff. ¶ 3; Hays Dep. Tr. 25:7-8.”

B. The party opposing the motion must submit a response to the moving party’s 56.1

Statement. The response must contain numbered paragraphs tracking those in the movant’s 56.1

Statement, and must state in each paragraph specifically what is admitted and what is disputed,

and the basis for any dispute, citing specific portions of the evidentiary record relied upon. Lack

of relevance is not a valid reason for refusing to agree that a fact is not in dispute. Each assertion

must be a factual assertion, not a legal assertion. Responsive 56.1 Statements must respond to all

the allegations of the opponent’s 56.1 Statement, and may go on to make additional factual

allegations in paragraphs numbered consecutively to those of the moving party (i.e., do not begin

re-numbering at 1). If additional factual allegations are made, the opponent must file a

responsive 56.1 Statement of its own.

C. All record authority cited in a 56.1 Statement, such as affidavits, relevant

deposition testimony, responses to discovery requests, or other documents containing such

evidence, shall be separately filed and served as an appendix to the 56.1 Statement. Each

appendix shall include a table of contents, and the relevant record authority shall be submitted in

the form of sequentially numbered exhibits.

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D. If multiple parties are submitting 56.1 Statements, they must coordinate their

statements to provide for consecutive, non-overlapping, numbered paragraphs in their respective

statements.

VI. COURTESY COPIES

A. ECF-Filed Documents Over Five Pages. One courtesy copy of any document

filed on ECF longer than five pages should be sent to Chambers. Courtesy copies of documents

filed on ECF should: (1) be single-sided; (2) be spiral bound or stapled (preferred over velo

bound copies); and (3) bear the ECF header (e.g., “Case 1:13-cv-01234-PGG Document 100

Filed 09/3/13 Page 1 of 10”).

B. Delivery Method. Courtesy copies should be sent via mail or hand delivery. Do

not send courtesy copies via multiple delivery methods.

C. Pleadings. Courtesy copies of pleadings, marked as such, shall be submitted to

chambers as soon as practical after filing. (Please refer to Rules 14 and 18 of the Southern

District of New York Electronic Case Filing Rules & Instructions, available at

https://nysd.uscourts.gov, for more information about filing pleadings.) Copies of initial

pleadings should be sent to Chambers no later than seven business days before the parties’ initial

conference. (See Rule VII(B) below.) Courtesy copies of amended pleadings should be

accompanied by a blackline showing all changes from the previously filed pleading.

D. Motion Papers. One set of courtesy copies of all motion papers, marked as such,

shall be submitted to chambers at the time the papers are electronically filed.

E. Joint Pretrial Order. One set of courtesy copies of the joint pretrial order and

all documents filed or served with the pretrial order should be submitted to Chambers on the date

of filing or service. Refer to Rule X below.

VII. CONFERENCES

A. Principal Trial Counsel. The attorney who will serve as principal trial counsel

must appear at all conferences with the Court.

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

R. Civ. P. 16(c) conference approximately 60 days following the filing of a Complaint. An ECF

notification will be sent to plaintiff’s counsel (or defendant’s counsel in a case removed from

state court), who will be responsible for distributing copies to all parties. As further instructed in

the Notice, the parties shall submit a joint letter and proposed case management plan seven days

before the initial conference. Please refer to the Model Case Management Plan available on the

Court’s website (https://nysd.uscourts.gov/hon-paul-g-gardephe). The parties’ joint letter should

be filed on ECF in accordance with Rule I(A) above, with the proposed case management plan

filed as an attachment. Courtesy copies of the pleadings should be delivered to Chambers in

accordance with Rule VI above. Please do not send courtesy copies of the joint letter and

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proposed case management plan. Counsel are required to register for electronic filing and file

a notice of appearance before the initial pretrial conference. Please consult the Southern District

of New York Electronic Case Filing Rules & Instructions, available at https://nysd.uscourts.gov,

for more information.

VIII. APPLICATIONS FOR ENTRY OF DEFAULT JUDGMENT

A party who wishes to obtain a default judgment must proceed by way of an order

to show cause and use the procedure set forth in Attachment A.

IX. BANKRUPTCY APPEALS

The attention of all counsel is directed to Rules 8016 through 8018 of the Federal

Bankruptcy Rules, which provide the dates within which briefs are to be served and filed.

Counsel may extend these dates by stipulation submitted to the Court no later than two business

days before the brief is due.

X. PRETRIAL PROCEDURES

A. Joint Pretrial Orders in Civil Cases. Unless otherwise ordered by the Court,

within 30 days from the date for the completion of discovery in a civil case or, if a dispositive

motion has been filed, within 30 days of a decision resolving the motion, the parties shall submit

to the Court for its approval a joint pretrial order setting forth the information required by Fed. R.

Civ. P. 26(a)(3) and the following:

1. The full caption of the action.

2. The names, addresses (including firm names), and telephone numbers of trial

counsel.

3. A brief statement by plaintiff as to the basis for subject matter jurisdiction, and a

brief statement by each other party as to the presence or absence of subject matter

jurisdiction. Such statements shall include citations to all statutes relied on and relevant

facts as to citizenship and jurisdictional amount.

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

asserted which remain to be tried, without recital of evidentiary matter but including

citations to all statutes relied on. Such summaries shall identify all claims and defenses

previously asserted that are not to be tried.

5. With respect to each claim remaining to be tried, a statement listing each

element or category of damages sought with respect to such claim and a calculation of the

amount of damages sought with respect to such element or category.

6. A statement by each party as to whether the case is to be tried with or without a

jury, and the number of trial days needed.

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7. A statement as to whether or not all parties have consented to trial of the case by

a magistrate judge (without identifying which parties have or have not so consented).

8. Any stipulations or agreed statements of fact or law that have been agreed to by

all parties.

9. A statement by each party as to the witnesses whose testimony is to be offered

in its case in chief, indicating whether such witnesses will testify in person or by

deposition. A party may not call as a witness an individual who is not listed in its portion

of the witness list.

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

chief, referencing page and line numbers, with any cross-designations and objections by

any other party. If there is no objection or cross-designation, the Court will deem the

opposing party to have waived any such objection or cross-designation. A party may not

offer deposition testimony that is not listed in its portion of the designation.

11. A list by each party of exhibits to be offered in its case in chief. The opposing

party must indicate what exhibits it objects to and the nature of the objection (e.g.,

“authenticity,” “hearsay,” “Rule 403”). Any objection not listed shall be deemed waived.

A party may not offer an exhibit that is not listed in its portion of the exhibit list. A copy

of each hard copy exhibit should be appended to the motion.

B. Filings Prior to Trial in Civil Jury Cases. Unless otherwise ordered by the

Court, in jury cases, the following shall be filed on the docket with the proposed joint pretrial

order:

1. All parties must jointly prepare: a list of voir dire questions to be asked of

prospective jurors; requests to charge; and a proposed verdict sheet. To the extent a party

objects to another party’s requested voir dire questions, requests to charge or proposed

verdict sheet, that party should (a) set forth the grounds for that objection (or refer to the

trial memorandum of law for a full discussion of the objection) and (b) propose an

alternative. All requests to charge, all objections and all alternative proposals must

include citation to supporting authority.

2. Each party must also file a trial memorandum of law addressing each issue of

law that the party expects to arise at or before trial.

3. Each party must also file one set of the party’s documentary exhibits organized

sequentially.

4. If the documents described in (1) through (3) above are prepared on a computer,

electronic copies must also be submitted on a thumb drive.

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C. Filings Prior to Trial in Civil Non-Jury Cases. Unless otherwise ordered by the

Court, in non-jury cases, each party shall file the following with the proposed joint pretrial order:

1. Proposed findings of fact and conclusions of law.

2. A trial memorandum of law that identifies the issues, summarizes the relevant

facts and applicable law, and addresses any evidentiary issues.

3. Affidavits constituting the direct testimony of each trial witness, except for

testimony of an adverse party, a person whose attendance must be compelled by

subpoena, or a person for whom a party has requested and the Court has agreed to hear

direct testimony during trial. Three business days after submission of such affidavits,

counsel for each party shall submit a list of all affiants whom he or she intends to cross-

examine at the trial. Only those witnesses who will be cross-examined need appear at

trial. The original affidavits will be marked as exhibits at trial.

4. Copies of any designated deposition testimony that will be offered as

substantive evidence, along with a one-page synopsis (with page references) of those

excerpts for each deposition.

5. One set of the party’s documentary exhibits organized sequentially.

6. If the documents described in subsections (1) through (5) above are prepared on

a computer, electronic copies must also be submitted on a thumb drive.

D. Filings Prior to Trial in All Civil Cases.

1. Each party must file and serve all motions in limine with the proposed joint

pretrial order.

2. Within two weeks of filing the proposed joint pretrial order, each party must file

and serve its opposition to any motion in limine.

E. Final Pretrial Conference. The Court will schedule a pretrial conference

approximately one week before trial. The Court will use the occasion to explore the prospects

for settlement. Counsel must be prepared to engage in meaningful settlement discussions.

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ATTACHMENT A: DEFAULT JUDGMENT PROCEDURE

1. Prepare a Proposed Order to Show Cause for default judgment and make the Order

returnable before Judge Gardephe in Courtroom 705 of the United States Courthouse, 40

Foley Square. Leave blank the date and time of the hearing and the deadline for service,

which Judge Gardephe will set when he signs the Order.

2. Electronically file on ECF, as separate ECF filing events, the following support papers

with the Proposed Order to Show Cause:

a. An attorney’s affidavit setting forth:

i. why a default judgment is appropriate, including a description of the method

and date of service of the original summons and complaint;

ii. whether, if the default is applicable to fewer than all of the defendants, the

Court may appropriately order a default judgment on the issue of damages prior

to resolution of the entire action;

iii. the proposed damages and the basis for each element of damages including

interest, attorneys’ fees, and costs; and

iv. legal authority for why an inquest would be unnecessary.

b. A proposed default judgment.

c. Copies of all the pleadings.

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

e. If failure to answer is the basis for the default, a Certificate from the Clerk of the

Court stating that no answer has been filed.

f. Be sure to include the attorney’s name and contact information.

3. Once electronically filed, a courtesy copy of the Proposed Order to Show Cause and the

supporting documentation must be provided to Chambers in hard copy.

4. After the Judge signs the Order, Chambers staff will file it on ECF.

5. The movant will serve one copy of the Order and supporting documents on the adverse party.

6. Prior to the return date, file via ECF an affidavit of service, demonstrating that the adverse

party was served with the Order to Show Cause and supporting papers. Bring a courtesy

copy of this affidavit to the hearing.

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