Hon. Vernon S. Broderick — Individual Rules of Practice

Judge Broderick

Civil Rules & Practices

October 29, 2025

INDIVIDUAL RULES & PRACTICES IN CIVIL CASES

VERNON S. BRODERICK, UNITED STATES DISTRICT JUDGE

Chambers Courtroom

United States District Court United States District Court

Southern District of New York Southern District of New York

Thurgood Marshall United States Courthouse Thurgood Marshall United States

40 Foley Square, Room 415 Courthouse

New York, NY 10007 40 Foley Square, Courtroom 518

Email: New York, NY 10007

BroderickNYSDChambers

@nysd.uscourts.gov

Unless otherwise ordered by Judge Broderick, these Individual Rules & Practices apply to

all parties in all civil matters.

1. Communications with Chambers

A. Pro Se Litigants. Civil pro se litigants must send all communications with the Court to

the Pro Se Intake Unit by mail to 500 Pearl Street, Room 205, New York, NY 10007 or

by email to ProSe@nysd.uscourts.gov.

B. Letters. Except as otherwise provided below, communications with the Court shall be by

letter, no longer than three pages, filed on the Court’s Electronic Case Filing System

(“ECF”). 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).

C. Telephone Calls. For questions that cannot be answered by reference to these Rules

or the S.D.N.Y. Local Rules, or for docketing, scheduling, and calendar matters,

counsel may contact the Courtroom Deputy. For situations requiring immediate

attention from the Court, counsel should call Chambers directly, or if needed, the

parties should email the Chambers inbox requesting the Court’s contact information.

D. Faxes. Faxes to Chambers are not permitted.

E. Emails. Except as otherwise noted in these Rules (e.g., Rules 1.C, 5.B.iii.d, and 6.B),

parties and counsel may not send emails to Chambers without prior permission.

F. Courtesy Copies. Except as otherwise noted in these Rules (e.g., Rules 4.D and 6.E),

parties should not send courtesy copies to Chambers.

1

Judge Broderick

Civil Rules & Practices

G. Hand Deliveries. Hand-delivered mail should be left with the Court Security Officers at

the Worth Street entrance to 500 Pearl Street; it may not be brought directly to Chambers.

Hand deliveries are continuously retrieved from the Worth Street entrance and then taken

to Chambers. If the hand-delivered letter is urgent and requires the Court’s immediate

attention, however, ask the Court Security Officers to notify Chambers that an urgent

package has arrived that needs to be retrieved by Chambers staff immediately.

H. 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. The

letter-motion must state the following: (1) the original due date; (2) the number of

previous requests for adjournments or extensions of time; (3) whether these previous

requests were granted or denied; (4) whether the adversary consents and, if not, the

reasons given by the adversary for refusing to consent; and (5) the specific reasons for the

adjournment or extension of time.

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

discovery deadlines, a proposed revised Scheduling Order, the template for which is

available on the Court’s website at https://nysd.uscourts.gov/hon-vernon-s-broderick,

must be included.

Absent an emergency, the request must be made at least 48 hours prior to the original due

date or the date of the previously scheduled court appearance.

The Court will independently review all requests for extensions and adjournments and

will not automatically grant stipulated agreements as to scheduling. Requests for an

extension or adjournment that are not based upon good cause will be denied. Non-urgent

proceedings in other matters, scheduled vacations, and other commitments known well in

advance generally do not constitute good cause. Repeated requests for adjournments or

extensions of time may require demonstration of extraordinary circumstances.

2. Conferences

A. Attendance by Principal Trial Counsel. Absent prior authorization, the attorney who

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

B. Attendance by Telephone. If the parties are ordered to appear in person, requests to

appear at the conference by telephone instead must be made at least 48 hours prior to the

scheduled appearance via letter filed on ECF explaining why counsel cannot appear in

person. The dial-in for telephonic conferences is 1-855-244-8681, and the access code is

2309 3085 835. There is no attendee ID.

C. Initial Case Management Conference. Within three months of the filing of the

Complaint, the Court will generally file a Notice of Initial Pretrial Conference, either

scheduling a Fed. R. Civ. P. 16(c) conference or ordering the parties to submit certain

pretrial materials in lieu of a conference. The Notice will be made available on ECF, and

plaintiff’s counsel will be responsible for distributing copies to all parties. This Notice

2

Judge Broderick

Civil Rules & Practices

will direct the parties to file on ECF (i) a joint letter to the Court containing the

information set forth in the Notice, and (ii) a proposed Civil Case Management Plan and

Scheduling Order, the template for which is available on the Court’s website at

https://nysd.uscourts.gov/hon-vernon-s-broderick. If a Magistrate Judge has been

referred for general pretrial purposes, the parties should follow the Magistrate Judge’s

Individual Rules and related orders regarding an initial case management conference.

In accordance with the S.D.N.Y. ECF Rules and Instructions (“ECF Rules &

Instructions”), counsel are required to register as ECF filers and enter an appearance in

the case before the initial pretrial conference. The pertinent instructions are available at

https://nysd.uscourts.gov/rules/ecf-related-instructions. Counsel must ensure that any

contact information on ECF is up to date.

3. Discovery Disputes. Unless otherwise directed, counsel should describe their discovery

disputes in a single letter, jointly composed, not to exceed five pages. Separate and

successive letters will not be read. 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 set forth,

with specificity, the requested discovery that each dispute involves and the respective

position of each party, citing the applicable authority that the respective parties claim for

support. As a general matter, affidavits or exhibits are not permitted in connection with

discovery dispute letters without prior written request and permission. However, when the

dispute concerns the refusal to respond to a specific written request, the parties shall attach

that request. If an opposing party refuses to participate in writing a joint letter or does not

provide its portion of a joint letter within 72 hours of a party’s request, a party may submit a

letter without the opposing party’s contribution and shall attach a copy of the correspondence

seeking the opposing party’s contribution.

4. Motions

A. Pre-Motion Conferences. Pre-motion conferences are not required, except for motions

concerning discovery, which are governed by Section 3 above.

B. Memoranda of Law. As a general matter, citations to cases should be in the body, rather

than footnotes, of memoranda of law. Unless prior permission has been granted,

memoranda of law in support of and in opposition to motions are limited to 8,750 words,

and reply memoranda are limited to 3,500 words. See also Local Civil Rule 7.1 of the

Local Rules of the United States District Courts for the Southern and Eastern Districts of

New York (“Local Rules”). Objections to a Magistrate Judge’s Report and

Recommendation and responses to objections should not exceed 3,500 words. These

limits do not include the caption, any index, table of contents, table of authorities,

signature blocks, or any required certifications, but do include material contained in

footnotes or endnotes. Requests for additional pages will not be granted absent

demonstration of good cause. All memoranda shall be text-searchable, if possible. Sur-

reply memoranda will not be accepted without prior permission of the Court.

3

Judge Broderick

Civil Rules & Practices

C. Unpublished Cases. Westlaw citations shall be provided, if available, to cases not

available in an official reporter. Copies of any unpublished cases that are not available on

Westlaw should be attached as an exhibit to an otherwise properly-filed document. In pro

se cases, parties represented by counsel shall provide a copy of all unpublished opinions

to the pro se litigant.

D. Affidavits and Exhibits. Parties are limited to a total of five affidavits each in support of

or in opposition to a motion. Affidavits may not exceed ten double-spaced pages. Parties

may request leave, for good cause, to file additional or over-length affidavits. All

exhibits shall be clearly labeled, tabbed, and indexed. For any hearing or deposition

transcript submitted, the parties shall provide the Court with an electronic, text-

searchable courtesy copy of the entire proceeding by email, if such copy is available,

unless doing so would be unduly burdensome.

E. Motions for Summary Judgment. Except in pro se cases, the moving party shall

provide all other parties with an electronic copy of the moving party’s Statement of

Material Facts Pursuant to Local Civil Rule 56.1 of the Local Rules. The opposing

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

out its response directly beneath it.

F. Letter Motions. Letter-motions filed via ECF must comply with the Local Rules

and the ECF Rules & Instructions.

G. Proposed Stipulations and Orders. In accordance with the Local Rules and the ECF

Rules & Instructions, parties should file on ECF all proposed stipulations and orders that

they wish the Court to sign, except for the following four categories of documents: (1)

Consent to Proceed Before U.S. Magistrate Judge; (2) Preliminary Injunction with

Temporary Restraining Order; (3) Judgment (Jury Trial); and (4) Clerk’s Judgment. If

parties wish the Court to sign any of those four categories of documents, parties should

first e-mail the proposed stipulation or order to the Orders and Judgments Clerk at

judgments@nysd.uscourts.gov in accordance with the ECF Rules & Instructions.

Courtesy copies need not be sent to Chambers for any proposed stipulation or order.

H. Default Judgments. A plaintiff seeking a default judgment must proceed by way of an

order to show cause pursuant to the procedure set forth in Attachment A.

I. Oral Argument on Motions. Parties seeking oral argument on a motion may request

oral argument as part of moving papers for the substantive motion at the time their

moving or opposing or reply papers are filed and should not move separately for oral

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

advise counsel of the argument date.

J. Use of Generative Artificial Intelligence. Consistent with Rule 11(b) of the Federal

Rules of Civil Procedure, and the certifications required thereunder, any party,

whether appearing pro se or through counsel, who utilizes any generative artificial

intelligence (AI) tool in the preparation of any documents filed with the Court must

4

Judge Broderick

Civil Rules & Practices

disclose that AI has been used. If generative AI is utilized in the drafting of any

documents filed with the Court, the party must further certify in the document that it

has independently reviewed and verified the accuracy of any portion of the document

drafted by generative AI, including all citations, quotations, and legal authority, and

that the document complies with the filer’s Rule 11 obligations. This rule does not

apply to information gathered using AI embedded in legal search engines, such as

Westlaw, LexisNexis, etc. Failure to comply with this rule may result in sanctions,

the document being stricken, or other remedies that the Court deems appropriate. A

model certification may be found on the Court’s website

(https://www.nysd.uscourts.gov/hon-vernon-s-broderick).

5. Other Pretrial Guidance

A. Cases Removed from State Court. Counsel for the party or parties that removed the

case must, in addition to providing a copy of all process, pleadings, and papers served

upon the defendants pursuant to 28 U.S.C. § 1446(a), file on ECF a copy of any pleading

filed or served while the case remained in State court. Counsel for all parties must file a

notice of appearance in this Court promptly upon removal.

B. Redactions and Filing Under Seal.

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

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

(“Privacy Policy”), and the Southern District’s September 24, 2025 Notice to the Bar

announcing changes to electronic access to and service of sealed documents.1 There

0F

are two categories of information that may be redacted from public court filings

without prior permission from the Court: “sensitive information” and information

requiring “caution.” Parties should not include in their public filings, unless

necessary, the five categories of “sensitive information” (i.e., social security

numbers [use the last four digits only], names of minor children [use the initials

only], dates of birth [use the year only], financial account numbers [use the last four

digits only], and home addresses [use only the City and State]). Parties may also,

without prior Court approval, redact from their public filings the six categories of

information requiring caution described in the Privacy Policy (i.e., any personal

identifying number, medical records [including information regarding treatment and

diagnosis], employment history, individual financial information, proprietary or

trade secret information, and information regarding an individual’s cooperation with

the government).

ii. Redactions and Sealed Filings Requiring Court Approval. Except for redactions

permitted by the previous Paragraph, all redactions or sealing of public court filings

require Court approval. To be approved, any redaction or sealing of a court filing

must be narrowly tailored to serve whatever purpose justifies the redaction or

1 https://www.nysd.uscourts.gov/sites/default/files/2025-09/Notice%20to%20Bar%20with%20Standing%20Order%20-

%20Sealed%20Document%20Access.pdf.

5

Judge Broderick

Civil Rules & Practices

sealing and must be otherwise consistent with the presumption in favor of public

access to judicial documents. See, e.g., Lugosch v. Pyramid Co. of Onondaga, 435

F.3d 110, 119–20 (2d Cir. 2006). In general, 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, 2015 WL 4750774, at *4 (S.D.N.Y. Aug. 11, 2015).

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

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

Meet and Confer. The party seeking leave to file sealed or redacted

materials should meet and confer with any opposing party (or any third

party seeking confidential treatment of the information) in advance to

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

document under seal or in redacted form on the ground that an opposing

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

opposing party or third party that it must file, within three days, a letter

explaining the need to seal or redact the document. Sealed documents

can no longer be served through electronic filing in the ECF system.

Accordingly, any method of service of sealed documents, other than

those provided for in the Federal Rules of Civil Procedure (such as by

email), must be discussed and agreed upon by the parties.

Sealed Document(s). The party shall electronically file a letter motion

seeking leave to file a document under seal on ECF in accordance with

Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case

Filing Rules and Instructions. The letter motion itself shall be filed in

public view, should explain the reasons for seeking to file the document

under seal, and should not include confidential information. The proposed

sealed document shall be separately and contemporaneously filed under

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

related to the motion (or to the relevant Court order if the Court previously

granted leave to file the document under seal). Note that the summary

docket text, but not the document itself, will be open to public inspection

and, thus, the summary docket text should not include confidential

information sought to be filed under seal. Also note that the filed

document will only be accessible by the Court; it will not be available to

the parties.

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

redacted form, the party shall electronically file a letter motion seeking

leave to file a document in redacted form on ECF in accordance with

Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case

Filing Rules and Instructions. The letter motion itself shall be filed in

public view, should explain the reasons for seeking to file the document in

6

Judge Broderick

Civil Rules & Practices

redacted form, and should not include confidential information. At the

same time, the party shall (1) publicly file on ECF and electronically relate

to the letter motion a copy of the document with the proposed redactions;

and (2) file under seal on ECF (with the appropriate level of restriction)

and electronically relate to the motion an unredacted copy of the document

with the proposed redactions highlighted.

Submission by E-Mail. Any party unable to utilize the process for

electronically filing under seal through the ECF system, or who believes

that a particular document should not be electronically filed at all, shall

file a letter motion by e-mail seeking leave of the Court to file in a

different manner. All counsel must be copied on the email. The email shall

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

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

description of the contents of the letter (e.g., “14-cv-9999 – Jones v. Smith

– Request to File Under Seal”). Parties shall not include substantive

communications in the body of the email; substantive communications

shall appear only in the body of the attached letter.

C. Bankruptcy Appeals. Unless otherwise ordered, briefs must be submitted in accordance

with Federal Rules of Bankruptcy Procedure 8015–8018. The appeal may be dismissed if

the opening brief is not timely filed. Counsel may apply for an extension of the dates

specified in Bankruptcy Rule 8018 by joint request but must do so at least two business

days before the brief is due. The page limits in Bankruptcy Rule 8015 must be observed.

D. Applications for Temporary Restraining Orders. A party seeking a temporary

restraining order should file a Motion for a Temporary Restraining Order, supporting

documents, and a proposed order on ECF in accordance with the procedures found in

ECF Rule 18.2 and Standing Order 21-MC-16. Information on filing an application ex

parte may be found in section 6, Sealed Filing, of the S.D.N.Y. ECF Rules &

Instructions, available online at https://nysd.uscourts.gov/rules/ecf-related-

instructions. Where the motion is made on notice to the other parties, the moving

party should simultaneously serve the documents on any party that will not receive

electronic service via the ECF system. The moving party shall email chambers at

BroderickNYSDChambers@nysd.uscourts.gov, and provide notice of the filing and

the time frame requested for Court action.

E. Social Security. Parties are directed to refer to the Local Social Security Rules, which

take effect on January 1, 2025 and govern actions filed on or after that date.

F. Settlement. The Court will not retain jurisdiction to enforce confidential settlement

agreements. If the parties wish that the Court retain jurisdiction to enforce the agreement,

the parties must place the terms of their settlement agreement on the public record. The

parties may either provide a copy of the settlement agreement for the Court to endorse or

include the terms of their settlement agreement in their stipulation of settlement and

dismissal.

7

Judge Broderick

Civil Rules & Practices

6. Trial Submissions

A. Joint Pretrial Order. Unless otherwise specified by the Court, within thirty days after

the close of discovery or, if any dispositive motion is filed, within thirty days from the

Court’s decision on such motion, the parties shall file on ECF a proposed joint pretrial

order, which shall include the information required by Fed. R. Civ. P. 26(a)(3) and the

following:

i. The full caption of the action.

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

counsel.

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

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

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

relevant facts as to citizenship and jurisdictional amount.

iv. A brief summary by each party of the claims and defenses that the party asserts

remain to be tried, including citations to any statutes on which the party relies. The

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 as to whether the case is to be

tried with or without a jury.

vi. A statement as to whether all parties have consented to trial by a magistrate judge,

without identifying which parties do or do not consent.

vii. Any stipulations or agreed statements of fact or law to which all parties consent.

viii. A list of all trial witnesses, in the order in which the parties anticipate they will be

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

and a brief summary of the substance of each witness’s testimony.

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

chief, and any counter-designations and objections by any other party.

x. A list by each party of exhibits to be offered in its case in chief, with an indication

by exhibit number as to whether any party objects to the exhibit. The party

objecting must include a brief statement that makes clear the basis for its objection

and must provide any necessary supporting authority.

xi. 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.

8

Judge Broderick

Civil Rules & Practices

xii. A statement as to whether the parties consent to less than a unanimous verdict.

B. Required Pretrial Filings. Each party shall file on ECF 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. Any document that is the subject of an in limine

motion should be submitted to the Court by email to

BroderickNYSDChambers@nysd.uscourts.gov and served on opposing counsel but

not filed on ECF.

ii. In all cases—a pretrial memorandum of law where a party believes it would be

helpful to the Court.

iii. In jury cases—joint proposed voir dire questions, a verdict form, and jury

instructions. These joint submissions shall consist of single documents, jointly

composed, noting any areas of disagreement between the parties. The voir dire

questions and jury instructions shall include both the text of any requested question

or instruction as well as a citation, if relevant, to the authority from which it

derives. These documents must also be submitted by email to

BroderickNYSDChambers@nysd.uscourts.gov in Word format.

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.

These documents must also be submitted by email to

BroderickNYSDChambers@nysd.uscourts.gov in Word format.

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

a non-jury case, each party shall send to the Court by mail or hand delivery and serve on

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

i. All deposition excerpts which will be offered as substantive evidence.

ii. All documentary exhibits.

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

documents shall be filed no later than one week after the filing of the pretrial order or

three days before the scheduled trial date, whichever comes first:

i. Objections to another party’s requests to charge or proposed voir dire questions.

ii. Opposition to any motion in limine.

iii. Opposition to any legal argument in a pretrial memorandum.

9

Judge Broderick

Civil Rules & Practices

E. Courtesy Copies. Two courtesy copies of all documents identified in Rules 6.A, B, C.i,

and D above shall be submitted to Chambers on the date on which they are to be served

or filed. Only one set of documentary exhibits is required. Voluminous material may be

organized either in binders or manila file folders, but in any event, the courtesy copies

shall be separately arranged into two independent sets (except for documentary exhibits).

F. Exhibits. All exhibits must be pre-marked in advance of trial and two bound copies

provided to the Court not later than the first day of trial. If counsel intend to distribute

copies of documentary exhibits to the jury, they are to make a separate copy for each

juror. Counsel shall make certain that they have custody of all original exhibits. The

Court does not retain them, and the Courtroom Deputy is not responsible for them.

Counsel should communicate with Courtroom Technology/AV Services, available at

(212) 805-0134, if any technological support is required.

G. Trial Schedule. Trials will generally be conducted Monday through Thursday from

10:00 a.m. to 5:30 p.m., with lunch from 12:45 p.m. to 2:00 p.m. However, any trial

scheduled to last for approximately one week will be conducted Monday through Friday.

Upon request, the Court will be available to meet with counsel between 9:00 a.m. and

10:00 a.m. Such requests must be made by 9:30 p.m. the evening before the requested

meeting through (i) an email to Chambers, and (ii) an email to the Law Clerk

responsible for the case.

7. Post-Trial Procedures. Counsel are responsible for promptly raising any issue concerning

the accuracy of transcripts certified by the court reporter to be used for purposes of appeal.

Counsel perceiving an error that is material shall stipulate to the appropriate correction or, if

agreement cannot be reached, shall proceed by motion on notice. Non-material defects in

syntax, grammar, spelling, or punctuation should be ignored.

8. Policy on the Use of Personal Electronic Devices and Other Electronic Equipment.

Attorneys’ use of personal electronic devices within the Courthouse and its environs is

governed by Standing Order M10-468 (Electronic Devices and General Purposes Computing

Devices), available at https://nysd.uscourts.gov/rules. Any attorney wishing to bring a

personal electronic device into the Courthouse, can obtain a Valid Service Pass issued by the

District Executive’s Office to an attorney who has been admitted to the Bar of this Court and

presents a valid State Unified Court System Attorney Service Pass. A Valid Service Pass

allows an attorney to bring in one personal electronic device into the courthouse and their

environs for that attorney’s own use. A Valid Service Pass by itself does not authorize an

attorney to bring a General Purpose Computing Device into the Courthouse and their

environs.

An attorney with a Valid Service Pass or any member of the Bar of any court may bring one

or more Personal Electronic Devices or General Purpose Computing Devices into the

Courthouse and their Environs for use in a particular trial or proceedings with prior written

permission. Any party seeking to bring such equipment shall submit a letter with the standard

Electronic Device Order (attached as Exhibit A to the Electronic Devices and General

10

Judge Broderick

Civil Rules & Practices

Purposes Computing Devices Standing Order) attached to Chambers at least ten business

days in advance of the relevant trial or hearing requesting permission to use such equipment.

The letter and order shall identify the type(s) of equipment to be used and the name(s) of the

attorney(s) who will be using the equipment. Chambers will coordinate with the District

Executive’s Office to issue the Order and forward a copy to counsel. The Order must be

shown upon bringing the equipment into the Courthouse.

Mobile phones are permitted inside the Courtroom, but must always be kept turned off. Non-

compliance with this rule will result in forfeiture of the device for the remainder of the

proceedings.

11

ATTACHMENT A

DEFAULT JUDGMENT

PROCEDURE

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

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

the Local Rules.

2. Prepare an Order to Show Cause for default judgment and make the Order returnable before

Judge Broderick in Courtroom 518. Leave blank the date and time of the conference. Judge

Broderick will set the date and time when he signs the Order.

3. Provide the following supporting papers with the Order to Show Cause:

A. An attorney’s affidavit setting forth:

i. The basis for entering a default judgment, including a description of the method and

date of service of the summons and complaint.

ii. The procedural history beyond service of the summons and complaint, if any.

iii. Whether, if the default is applicable to fewer than all of the defendants, the Court

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

resolution of the entire action.

iv. The proposed damages and the basis for each element of damages, including

interest, attorney’s fees, and costs.

v. Legal authority for why an inquest into damages would be unnecessary.

vi. If service of the Order to Show Cause on a defendant is anticipated as being

accomplished by any method other than (1) those described in Federal Rule of Civil

Procedure 4(e)(2), or (2) an alternative method previously approved by the Court in

this case, an explanation of why these methods cannot be followed and why the

alternative method is proper under the circumstances of the case.

B. A proposed default judgment.

C. Copies of all the pleadings.

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

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

4. Electronically file the proposed Order to Show Cause and supporting papers via ECF, in

accordance with the ECF Rules & Instructions, available at

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

5. After the Orders and Judgments Clerk approves the Order to Show Cause on ECF, the

Court will review the motion for default judgment and, if appropriate, issue the Order

to Show Cause setting a date and time for a default judgment hearing.

6. After the Judge signs the Order to Show Cause, serve a conforming copy of the Order and the

supporting papers on the defendant by the following methods of service:

A. one of the methods described in Federal Rule of Civil Procedure 4(e)(2),

B. any alternative method previously approved by the Court in this case, or

C. other alternative method explained in the attorney affidavit.

7. Prior to the return date, file through on ECF: (1) an Affidavit of Service, reflecting that the

defendant was served with a conforming copy of the Order to Show Cause and supporting

papers; and (2) the supporting papers.

8. Prior to the return date, file the proposed judgment on ECF for the Clerk’s approval. The

proposed judgment shall be approved by the Clerk prior to the conference and then brought

to the conference for the Judge’s signature. If a default judgment as to liability is granted, it is

the Court’s practice to then refer the case to the assigned magistrate judge for an inquest on

damages.