Judge Arun Subramanian

Except as otherwise provided below, communications with the Court should be by letter, filed electronically on ECF.

Except as otherwise provided below, communications with the Court should be by letter, filed electronically on ECF.

Civil cases

Page 2 | 3. Communications A

Adjournment/extension requests must be filed on ECF as letter-motions.

All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions, not as ordinary letters, proposed stipulations, or proposed orders.

Civil cases

Page 2 | 3. Communications E

Counsel must register promptly as ECF filers and enter an appearance in the case.

In accordance with the Electronic Case Filing Rules and Instructions, counsel are required to register promptly as ECF filers and to enter an appearance in the case.

Civil cases

Page 3 | G. ECF

Counsel must update ECF contact information when changed and check docket regularly even without ECF notifications.

Counsel are responsible for updating their contact information on ECF, should it change, and they are responsible for checking the docket sheet regularly, regardless of whether they receive an ECF notification of case activity.

Civil cases

Page 3 | G. ECF

All attorneys appearing before the Court must file a notice of appearance on ECF.

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

Civil cases

Page 3 | 4. Conferences C. Attendance by Lead Trial Counsel and Principal Decision-Makers

Discovery dispute letter-motions must be filed on ECF.

the party seeking discovery may file on ECF a letter-motion, no longer than three pages, explaining the nature of the dispute and, if applicable, why the party is entitled to relief and requesting an informal conference.

Civil cases

Page 4 | 5. Discovery Disputes D

Parties must file joint letter with proposed Case Management Plan as exhibit on ECF as letter motion, using court form, by Thursday prior week to conference.

In most cases, the Notice will direct the parties to submit on ECF a joint letter as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the conference date. This must be filed on ECF as a letter motion- not a standard letter. The parties shall use the form Proposed Case Management Plan and Scheduling Order available at the Court’s website.

Civil cases

Page 4 | 4. Conferences (Initial Case Management Conference)

Default judgment motions must be filed on ECF and not via order to show cause.

A party seeking a default judgment must proceed by filing a motion for default judgment on ECF pursuant to Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(b). A party seeking a default judgment should not proceed by order to show cause.

Civil cases

Page 8 | Default Judgment Motions

If the party is prepared to seek relief on notice to the adverse party, the party seeking relief should simultaneously file its papers on ECF, serve them on all other parties, and then email Chambers.

If the party is prepared to seek relief on notice to the adverse party, the party seeking relief should simultaneously file its papers on ECF, serve them on all other parties, and then email Chambers.

Civil cases

Page 9 | 9. A. Applications for Temporary Restraining Orders

Ex parte TRO applications may be emailed to Chambers if ECF is not viable.

If the party seeking relief believes that Rule 65(b)(1)’s requirements can be met and a temporary restraining order should issue without notice to the adverse party, the party should file its papers on ECF under seal (or, if ECF is not a viable option, by email to Chambers) and then email Chambers providing notice.

Civil cases

Page 9 | 9. A. Applications for Temporary Restraining Orders

Joint pretrial order must be filed on ECF as 'Joint Pretrial Statement' at least 14 days before final pretrial conference, emailed to Court, and include specified sections.

Unless otherwise ordered by the Court, at least 14 days prior to the scheduled final pretrial conference, the parties shall both file on ECF, as a “Joint Pretrial Statement,” and submit by email to the Court a proposed joint pretrial order, which shall include the following: i. the full caption of the action; ii. the names, law firms, addresses, telephone numbers, and email addresses of trial counsel if not already listed on the docket; iii. a brief statement by plaintiff (or, in a removed case, by defendant) as to the basis of subject matter jurisdiction, and a brief statement by each other party as to the presence or absence of subject matter jurisdiction. Such statements shall include citations to all statutes relied on and relevant facts as to citizenship and jurisdictional amount; iv. a brief summary by each party of the claims and defenses that the party asserts remain to be tried, including citations to any statutes on which the party relies. Such summaries shall also identify all claims and defenses previously asserted that are not to be tried. The summaries should not recite any evidentiary matter; v. a statement as to the number of trial days needed and whether the case is to be tried with or without a jury; vi. a joint statement summarizing the nature of the case, to be read to potential jurors during jury selection; vii. a list of people, places, and institutions that are likely to be mentioned during the trial, to be read to potential jurors during jury selection; viii. a statement as to whether all parties have consented to trial by a Magistrate Judge, without identifying which parties do or do not consent; ix. any stipulations or agreed statements of fact or law to which all parties consent. In a jury case, the parties should memorialize any such stipulations or agreed statements of fact or law in a standalone document that can be marked and admitted at trial;

Civil cases

Page 10 | 10. A. Joint Pretrial Order

Electronic copies of exhibits must be submitted with the joint pretrial order but not filed on ECF, with filenames matching exhibit numbers.

an electronic copy of each exhibit sought to be admitted (with each filename corresponding to the relevant exhibit number—e.g., “PX-1,” “DX-1,” etc.).

Civil cases

Page 12 | C. Additional Pretrial Submissions (Not Filed on ECF)

Non-jury parties must submit affidavits of direct trial witness testimony to the court by email, serve on opposing counsel, not file on ECF, with exceptions for certain witnesses.

Unless otherwise ordered by the Court, at the time the joint pretrial order is filed, each party in a non-jury trial shall submit to the Court by email and serve on opposing counsel, but not file on ECF, the following: i. copies of affidavits constituting the direct testimony of each trial witness, except for the direct testimony of an adverse party, a person whose attendance is compelled by subpoena, or a person for whom the Court has agreed to hear direct testimony live at the trial.

Civil cases

Page 12 | E. Additional Submissions in Non-Jury Cases

iv. Submission by Email. Any party unable to comply with the requirements for electronic 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 seeking leave of the Court to file in a different manner. If the party is unable to file such a letter-motion on ECF or believes there is good cause not to file such a letter-motion on ECF, the party may submit it by email as a text-searchable PDF attachment with a copy simultaneously delivered to all counsel. Any such email shall state clearly in the subject line: (1) the caption of the case, including the lead party names and docket number; and (2) a brief description of the contents of the letter. Parties may not include substantive communications in the body of the email; such communications may be included only in the body of the letter.

iv. Submission by Email. Any party unable to comply with the requirements for electronic 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 seeking leave of the Court to file in a different manner. If the party is unable to file such a letter-motion on ECF or believes there is good cause not to file such a letter-motion on ECF, the party may submit it by email as a text-searchable PDF attachment with a copy simultaneously delivered to all counsel. Any such email shall state clearly in the subject line: (1) the caption of the case, including the lead party names and docket number; and (2) a brief description of the contents of the letter. Parties may not include substantive communications in the body of the email; such communications may be included only in the body of the letter.

Civil cases

Page 14 | 11. C. Procedures for Filing Sealed or Redacted Documents iv. Submission by Email

Letters seeking relief should be filed on ECF as letter-motions (not ordinary letters) when permitted by local e-filing rules.

When permitted by the S.D.N.Y. Local Rules and the S.D.N.Y. Electronic Case Filing Rules and Instructions, letters seeking relief should be filed on ECF as letter-motions, not as ordinary letters.

Civil cases

Page 6 | 8. Motions A

Parties must file all proposed stipulations and orders on ECF using appropriate ECF filing event per SDNY rules.

In accordance with the S.D.N.Y. Local Rules and the S.D.N.Y. Electronic Case Filing Rules and Instructions, parties should file on ECF all proposed stipulations and orders that they wish the Court to sign, using the appropriate ECF filing event. See SDNY ECF Rules & Instructions §§ 13.17–19 & App’x A.

Civil cases

Page 9 | M. Proposed Stipulations and Orders

Opposing parties must make themselves available to confer within 2 business days of a discovery dispute conference request.

Where a party raises a discovery dispute with the opposing party, the opposing party must make itself available to confer in good faith to resolve the dispute within two business days of a request for a conference. If a party requests a Lead Trial Counsel conference, Lead Trial Counsel for the opposing party must make themselves available within two business days.

Civil cases

Page 4 | 5. Discovery Disputes C

Discovery dispute letter-motions may be filed after 10 business days of dispute or sooner if impasse is reached.

If the meet-and-confer process does not resolve the dispute within 10 business days of the dispute first being raised (or sooner, if an impasse has been reached), the party seeking discovery may file on ECF a letter-motion

Civil cases

Page 4 | 5. Discovery Disputes D

Privilege logs must be promptly produced and updated on a rolling basis as documents are produced.

Privilege logs must be promptly produced and updated on a rolling basis as documents are produced.

Civil cases

Page 5 | 5. Discovery Disputes G

Oppositions to letter-motions seeking relief must be filed within two business days.

Any opposition to a letter-motion seeking relief shall be filed as a letter, not to exceed three pages, within two business days.

Civil cases

Page 5 | 5. Discovery Disputes E

Expert exclusion motions (Daubert) must be filed by the dispositive motion deadline and should not be treated as motions in limine.

Unless the Court orders otherwise, motions to exclude testimony of experts, pursuant to Rules 702–705 of the Federal Rules of Evidence and the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), line of cases, must be made by the deadline for dispositive motions and should not be treated as motions in limine.

Civil cases

Page 8 | Motions to Exclude Testimony of Experts

Joint pretrial order must be submitted at least 14 days before final pretrial conference.

Unless otherwise ordered by the Court, at least 14 days prior to the scheduled final pretrial conference, the parties shall both file on ECF, as a “Joint Pretrial Statement,” and submit by email to the Court a proposed joint pretrial order,

Civil cases

Page 10 | 10. A. Joint Pretrial Order

Three business days after submission of such affidavits, counsel for each party shall submit a list of all affiants whom they intend to cross- examine at the trial.

Three business days after submission of such affidavits, counsel for each party shall submit a list of all affiants whom they intend to cross- examine at the trial.

Civil cases

Page 12 | E. Additional Submissions in Non-Jury Cases

Unless otherwise ordered by the Court, any party may file the following documents within one week after the filing of the pretrial order: i. opposition to any motion in limine; and ii. opposition to any legal argument in a pretrial memorandum.

Unless otherwise ordered by the Court, any party may file the following documents within one week after the filing of the pretrial order: i. opposition to any motion in limine; and ii. opposition to any legal argument in a pretrial memorandum.

Civil cases

Page 13 | F. Filings in Opposition

i. Meet and Confer. The party should meet and confer with any opposing party (or any third party seeking confidential treatment of the information) file a document under seal or in redacted form on the ground that an opposing party or third party has requested it, the filing party shall notify the opposing party or third party that it must file, within three business days, a letter explaining the need to seal or redact the document.

i. Meet and Confer. The party should meet and confer with any opposing party (or any third party seeking confidential treatment of the information) file a document under seal or in redacted form on the ground that an opposing party or third party has requested it, the filing party shall notify the opposing party or third party that it must file, within three business days, a letter explaining the need to seal or redact the document.

Civil cases

Page 13 | 11. C. Procedures for Filing Sealed or Redacted Documents i. Meet and Confer

Parties should promptly move for default judgment if the opposing party fails to respond to a claim.

If a party fails to respond to a claim, the party asserting the claim should promptly move for entry of default judgment if appropriate.

Civil cases

Page 8 | Default Judgment Motions

A party claiming patent infringement must serve its Disclosure of Asserted Claims and Infringement Contentions on all parties by the specified deadline, unless the parties agree otherwise.

Unless otherwise agreed to by the parties, no later than ____________, a party claiming patent infringement shall serve on all parties a “Disclosure of Asserted Claims and Infringement Contentions.”

Civil cases

Page 1 | Disclosure of Asserted Claims and Infringement Contentions

Unless the parties agree otherwise, each party opposing infringement must serve its Invalidity Contentions on all parties no later than 45 days after service of the infringement contentions.

Unless otherwise agreed to by the parties, no later than 45 days after service upon it of the Disclosure of Asserted Claims and Infringement Contentions, each party opposing a claim of patent infringement shall serve on all parties its “Invalidity Contentions,” which shall contain the following information:

Civil cases

Page 4 | Invalidity Contentions

The plaintiff must serve its opening and reply briefs and the defendant its answering and sur-reply briefs; these briefs are served but not filed.

The Plaintiff shall serve, but not file, its opening brief, not to exceed 5,500 words, on _____________. The Defendant shall serve, but not file, its answering brief, not to exceed 8,250 words, on ________________. The Plaintiff shall serve, but not file, its reply brief, not to exceed 5,500 words, on _______________. The Defendant shall serve, but not file, its sur-reply brief, not to exceed 2,750 words, on _____________.

Civil cases

Page 7 | Claim Construction Briefing

Non-moving parties electing to amend under Rule 15(a)(1) after motion to dismiss must notify court and adversary within 10 days of motion receipt with intended filing date.

When a motion to dismiss is filed and the non-moving party elects to amend its pleading pursuant to Federal Rule of Civil Procedure 15(a)(1), the non- moving party must, within 10 days of receipt of the motion, notify the Court and its adversary if it intends to file an amended pleading pursuant to Rule 15(a)(1), and the date by which it will do so.

Civil cases

Page 7 | Motions to Dismiss

If the party is prepared to seek relief on notice to the adverse party, the party seeking relief should simultaneously file its papers on ECF, serve them on all other parties, and then email Chambers.

If the party is prepared to seek relief on notice to the adverse party, the party seeking relief should simultaneously file its papers on ECF, serve them on all other parties, and then email Chambers.

Civil cases

Page 9 | 9. A. Applications for Temporary Restraining Orders

Native calculation files supporting default judgment damages must be emailed to Chambers.

iii. if the proposed damages are supported by calculations, native versions of the files with calculations (i.e., versions of the files in their original format, such as in “.xlsx”), which shall be emailed to Chambers;

Civil cases

Page 9

Affidavits of direct trial witness testimony must be served on opposing counsel.

serve on opposing counsel

Civil cases

Page 12 | E. Additional Submissions in Non-Jury Cases

Unless the Court orders otherwise, parties should not submit courtesy copies of any submissions.

Unless the Court orders otherwise, parties should not submit courtesy copies of any submissions.

Civil cases

Page 1 | 2. Guidelines for All Submissions

No Courtesy Copies. Unless the Court orders otherwise, parties should not submit courtesy copies of any submissions.

No Courtesy Copies. Unless the Court orders otherwise, parties should not submit courtesy copies of any submissions.

Civil cases

Page 1 | 2. Guidelines for All Submissions

Unless the Court orders otherwise, parties should not submit courtesy copies of any submissions.

Unless the Court orders otherwise, parties should not submit courtesy copies of any submissions.

Civil cases

Page 1 | 2. Guidelines for All Submissions C

Unless the Court orders otherwise, parties should not submit courtesy hard copies of any submissions in pro se cases.

Unless the Court orders otherwise, parties should not submit courtesy hard copies of any submissions in pro se cases.

Page 3 | Motions

No Courtesy Copies. Unless the Court orders otherwise, parties should not submit courtesy copies of any submissions, including sentencing submissions.

No Courtesy Copies. Unless the Court orders otherwise, parties should not submit courtesy copies of any submissions, including sentencing submissions.

Criminal cases

Page 1 | No Courtesy Copies

Unless the Court orders otherwise, parties should not submit courtesy hard copies of any submissions in pro se cases.

Unless the Court orders otherwise, parties should not submit courtesy hard copies of any submissions in pro se cases.

Page 4 | Motions

If the party seeking relief believes that Rule 65(b)(1)'s requirements can be met and a temporary restraining order should issue without notice to the adverse party, the party should file its papers on ECF under seal (or, if ECF is not a viable option, by email to Chambers) and then email Chambers providing notice.

If the party seeking relief believes that Rule 65(b)(1)'s requirements can be met and a temporary restraining order should issue without notice to the adverse party, the party should file its papers on ECF under seal (or, if ECF is not a viable option, by email to Chambers) and then email Chambers providing notice.

Civil cases

Page 9 | A. Applications for Temporary Restraining Orders

C. Procedures for Filing Sealed or Redacted Documents. Any party seeking leave to file a document under seal or in redacted form shall proceed as follows: i. Meet and Confer. The party should meet and confer with any opposing party (or any third party seeking confidential treatment of the information)

C. Procedures for Filing Sealed or Redacted Documents. Any party seeking leave to file a document under seal or in redacted form shall proceed as follows: i. Meet and Confer. The party should meet and confer with any opposing party (or any third party seeking confidential treatment of the information)

Civil cases

Page 13 | 11. Redactions and Sealed Filings

Where a party seeks leave to file a document in redacted form, the party shall file a letter-motion seeking leave to file a document in redacted form on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion itself shall be filed in public view, should explain the reasons for seeking to file the document in redacted form, and should not include confidential information. At the same time, the party shall: (1) publicly file on ECF and electronically relate to the letter-motion a copy of the document with the proposed redactions; and (2) file under seal on ECF (with the appropriate level of restriction) and electronically relate to the motion an unredacted copy of the document with the proposed redactions highlighted.

Where a party seeks leave to file a document in redacted form, the party shall file a letter-motion seeking leave to file a document in redacted form on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion itself shall be filed in public view, should explain the reasons for seeking to file the document in redacted form, and should not include confidential information. At the same time, the party shall: (1) publicly file on ECF and electronically relate to the letter-motion a copy of the document with the proposed redactions; and (2) file under seal on ECF (with the appropriate level of restriction) and electronically relate to the motion an unredacted copy of the document with the proposed redactions highlighted.

Civil cases

Page 13 | 11. Redactions and Sealed Filings

The party shall file a letter-motion seeking leave to file a document under seal on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion itself shall be filed in public view, should explain the reasons for seeking to file the document under seal, and should not include confidential information. The proposed sealed document shall be contemporaneously filed under seal on ECF (with the appropriate level of restriction) and electronically related to the motion (or to the relevant Court order if the Court previously granted leave to file the document under seal). Note that the summary docket text, but not the document itself, will be open to public inspection and should not include confidential information sought to be filed under seal.

The party shall file a letter-motion seeking leave to file a document under seal on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion itself shall be filed in public view, should explain the reasons for seeking to file the document under seal, and should not include confidential information. The proposed sealed document shall be contemporaneously filed under seal on ECF (with the appropriate level of restriction) and electronically related to the motion (or to the relevant Court order if the Court previously granted leave to file the document under seal). Note that the summary docket text, but not the document itself, will be open to public inspection and should not include confidential information sought to be filed under seal.

Civil cases

Page 13 | 11. Redactions and Sealed Filings

All redactions or sealing of public court filings require court approval, except those permitted in Paragraph 11(A) or by protective order.

Except for redactions permitted by Paragraph 11(A) or as provided by the protective order approved in the case, all redactions or sealing of public court filings require Court approval. To be approved, any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must be otherwise consistent with the presumption in favor of public access to judicial documents. 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.

Civil cases

Page 13 | 11. Redactions and Sealed Filings

Two categories of information may be redacted without court approval: sensitive information (5 categories) and information requiring caution (6 categories).

The parties are referred to Rule 5.2 of the Federal Rules of Civil Procedure and the S.D.N.Y. ECF Privacy Policy (“Privacy Policy”). There are two categories of information that may be redacted from public court filings without prior permission from the Court: “sensitive information” and information requiring “caution.” Parties should not include in their public filings, unless necessary, the five categories of “sensitive information” (i.e., social security numbers [use the last four digits only], names of minor children [use the initials only], dates of birth [use the year only], financial account numbers [use the last four digits only], and home addresses [use only the City and State]). Parties may also, without prior Court approval, redact from their public filings the six categories of information requiring caution described in the Privacy Policy (i.e., any personal identifying number, medical records [including information regarding treatment and diagnosis], employment history, individual financial information, proprietary or trade secret information, and information regarding an individual’s cooperation with the government).

Civil cases

Page 13 | 11. Redactions and Sealed Filings

To file redacted documents, submit a public letter-motion, publicly file the redacted version, and file an unredacted copy under seal with redactions highlighted.

iii. Redacted Document(s). Where a party seeks leave to file a document in redacted form, the party shall file a letter-motion seeking leave to file a document in redacted form on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion itself shall be filed in public view, should explain the reasons for seeking to file the document in redacted form, and should not include confidential information. At the same time, the party shall: (1) publicly file on ECF and electronically relate to the letter-motion a copy of the document with the proposed redactions; and (2) file under seal on ECF (with the appropriate level of restriction) and electronically relate to the motion an unredacted copy of the document with the proposed redactions highlighted.

Civil cases

Page 14 | 11. Redactions and Sealed Filings

To file sealed documents, submit a public letter-motion explaining reasons, and file the sealed document contemporaneously under seal on ECF with appropriate restrictions.

ii. Sealed Document(s). The party shall file a letter-motion seeking leave to file a document under seal on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion itself shall be filed in public view, should explain the reasons for seeking to file the document under seal, and should not include confidential information. The proposed sealed document shall be contemporaneously filed under seal on ECF (with the appropriate level of restriction) and electronically related to the motion (or to the relevant Court order if the Court previously granted leave to file the document under seal).

Civil cases

Page 14 | 11. Redactions and Sealed Filings

If the party seeking relief believes that Rule 65(b)(1)'s requirements can be met and a temporary restraining order should issue without notice to the adverse party, the party should file its papers on ECF under seal (or, if ECF is not a viable option, by email to Chambers) and then email Chambers providing notice.

If the party seeking relief believes that Rule 65(b)(1)'s requirements can be met and a temporary restraining order should issue without notice to the adverse party, the party should file its papers on ECF under seal (or, if ECF is not a viable option, by email to Chambers) and then email Chambers providing notice.

Civil cases

Any party seeking leave to file under seal an entire submission (with or without exhibits) should not file anything on ECF in the first instance. Instead, the party should email an unredacted copy of the submission to Chambers and should include as an attachment to the email a letter-motion seeking leave to file the document under seal.

Any party seeking leave to file under seal an entire submission (with or without exhibits) should not file anything on ECF in the first instance. Instead, the party should email an unredacted copy of the submission to Chambers and should include as an attachment to the email a letter-motion seeking leave to file the document under seal.

Criminal cases

The party should file the redacted version of the document on ECF.

The party should file the redacted version of the document on ECF.

Criminal cases

If the party is seeking leave of the Court to redact the document (i.e., if the redactions are not among the categories of redactions that can be made without Court approval), the party should simultaneously file on ECF a letter-motion seeking leave to file the document with those redactions.

If the party is seeking leave of the Court to redact the document (i.e., if the redactions are not among the categories of redactions that can be made without Court approval), the party should simultaneously file on ECF a letter-motion seeking leave to file the document with those redactions.

Criminal cases

Any party seeking leave to file an unsealed or redacted document with a fully sealed exhibit attached thereto should file the main document (in accordance with the procedures above, if the party seeks to do so with redactions) on ECF, accompanied by a single page marked “SEALED” in place of any exhibit that the party seeks leave to file under seal, regardless of the actual length of such exhibit.

Any party seeking leave to file an unsealed or redacted document with a fully sealed exhibit attached thereto should file the main document (in accordance with the procedures above, if the party seeks to do so with redactions) on ECF, accompanied by a single page marked “SEALED” in place of any exhibit that the party seeks leave to file under seal, regardless of the actual length of such exhibit.

Criminal cases

All redactions or sealing of public court filings require Court approval except for permitted categories.

Except for redactions permitted by the previous Paragraph, all redactions or sealing of public court filings require Court approval.

Criminal cases

should be sealed or redacted, the party should include an unredacted copy of the letter-motion as an attachment to the email described in Paragraph 11(C)(iii) below, and—if possible—file a redacted version of the letter-motion on ECF.)

should be sealed or redacted, the party should include an unredacted copy of the letter-motion as an attachment to the email described in Paragraph 11(C)(iii) below, and—if possible—file a redacted version of the letter-motion on ECF.)

Criminal cases

Sensitive information categories: SSNs (last 4 digits), minor children names (initials), DOBs (year only), account numbers (last 4 digits), home addresses (city/state only).

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]).

Criminal cases

Sealing Exhibits. Any party seeking leave to file an unsealed or redacted document with a fully sealed exhibit attached thereto should file the main document (in accordance with the procedures above, if the party seeks to do so with redactions) on ECF, accompanied by a single page marked "SEALED" in place of any exhibit that the party seeks leave to file under seal, regardless of the actual length of such exhibit. The party should simultaneously file a letter-motion seeking leave to file in that manner according to the procedure described in Paragraphs 11(C)(ii)–(iii) above.

Sealing Exhibits. Any party seeking leave to file an unsealed or redacted document with a fully sealed exhibit attached thereto should file the main document (in accordance with the procedures above, if the party seeks to do so with redactions) on ECF, accompanied by a single page marked "SEALED" in place of any exhibit that the party seeks leave to file under seal, regardless of the actual length of such exhibit. The party should simultaneously file a letter-motion seeking leave to file in that manner according to the procedure described in Paragraphs 11(C)(ii)–(iii) above.

Criminal cases

To seal an entire submission, do not file on ECF initially; instead email unredacted copy to chambers with a letter-motion explaining why sealing is justified.

Sealing Entire Documents. Any party seeking leave to file under seal an entire submission (with or without exhibits) should not file anything on ECF in the first instance. Instead, the party should email an unredacted copy of the submission to Chambers and should include as an attachment to the email a letter-motion seeking leave to file the document under seal. The letter-motion must explain why sealing is justified considering the standards discussed in Paragraph 11(B) above.

Criminal cases

should be sealed or redacted, the party should include an unredacted copy of the letter-motion as an attachment to the email described in Paragraph 11(C)(iii) below, and—if possible—file a redacted version of the letter-motion on ECF.

should be sealed or redacted, the party should include an unredacted copy of the letter-motion as an attachment to the email described in Paragraph 11(C)(iii) below, and—if possible—file a redacted version of the letter-motion on ECF.

Criminal cases

There are two categories of information that may be redacted from public court filings without prior permission from the Court: “sensitive information” and information requiring “caution.” Parties should not include in their public filings, unless necessary, the five categories of “sensitive information” (i.e., social security numbers [use the last four digits only], names of minor children [use the initials only], dates of birth [use the year only], financial account numbers [use the last four digits only], and home addresses [use only the City and State]). Parties may also, without prior Court approval, redact from their public filings the six categories of information requiring caution described in the Privacy Policy (i.e., any personal identifying number, medical records [including information regarding treatment and diagnosis], employment history, individual financial information, proprietary or trade secret information, and information regarding an individual’s cooperation with the government).

There are two categories of information that may be redacted from public court filings without prior permission from the Court: “sensitive information” and information requiring “caution.” Parties should not include in their public filings, unless necessary, the five categories of “sensitive information” (i.e., social security numbers [use the last four digits only], names of minor children [use the initials only], dates of birth [use the year only], financial account numbers [use the last four digits only], and home addresses [use only the City and State]). Parties may also, without prior Court approval, redact from their public filings the six categories of information requiring caution described in the Privacy Policy (i.e., any personal identifying number, medical records [including information regarding treatment and diagnosis], employment history, individual financial information, proprietary or trade secret information, and information regarding an individual’s cooperation with the government).

Civil cases

Page 13 | 11. A. Redactions Not Requiring Court Approval

All redactions or sealing except those in 11(A) or protective orders require court approval, must be narrowly tailored, and consistent with public access presumptions.

Except for redactions permitted by Paragraph 11(A) or as provided by the protective order approved in the case, all redactions or sealing of public court filings require Court approval. To be approved, any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must be otherwise consistent with the presumption in favor of public access to judicial documents. 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.

Civil cases

Page 13 | 11. B. Redactions and Sealed Filings Requiring Court Approval

Any party unable to comply with the requirements for electronic 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 seeking leave of the Court to file in a different manner. If the party is unable to file such a letter-motion on ECF or believes there is good cause not to file such a letter-motion on ECF, the party may submit it by email as a text-searchable PDF attachment with a copy simultaneously delivered to all counsel. Any such email shall state clearly in the subject line: (1) the caption of the case, including the lead party names and docket number; and (2) a brief description of the contents of the letter. Parties may not include substantive communications in the body of the email; such communications may be included only in the body of the letter.

Any party unable to comply with the requirements for electronic 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 seeking leave of the Court to file in a different manner. If the party is unable to file such a letter-motion on ECF or believes there is good cause not to file such a letter-motion on ECF, the party may submit it by email as a text-searchable PDF attachment with a copy simultaneously delivered to all counsel. Any such email shall state clearly in the subject line: (1) the caption of the case, including the lead party names and docket number; and (2) a brief description of the contents of the letter. Parties may not include substantive communications in the body of the email; such communications may be included only in the body of the letter.

Civil cases

Page 13 | 11. Redactions and Sealed Filings

Parties unable to file sealed documents via ECF may submit by email as text-searchable PDF with case caption and docket number in subject line; substantive communications belong in the letter only.

iv. Submission by Email. Any party unable to comply with the requirements for electronic 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 seeking leave of the Court to file in a different manner. If the party is unable to file such a letter-motion on ECF or believes there is good cause not to file such a letter-motion on ECF, the party may submit it by email as a text-searchable PDF attachment with a copy simultaneously delivered to all counsel. Any such email shall state clearly in the subject line: (1) the caption of the case, including the lead party names and docket number; and (2) a brief description of the contents of the letter. Parties may not include substantive communications in the body of the email; such communications may be included only in the body of the letter.

Civil cases

Page 14 | 11. Redactions and Sealed Filings

Sealed or sensitive letters may be emailed as text-searchable PDFs with specific subject line requirements.

Any letter to be filed under seal or containing sensitive or confidential information may be emailed as a text-searchable PDF attachment to the Court with a copy simultaneously delivered to all counsel (unless the submission is being made ex parte). Any such email shall state clearly in the subject line: (1) the caption of the case, including the lead party names and docket number; and (2) a brief description of the contents of the letter.

Criminal cases

Page 2 | Letters

Redactions and sealing beyond the permitted categories require Court approval and must be narrowly tailored.

Except for redactions permitted by the previous Paragraph, all redactions or sealing of public court filings require Court approval. To be approved, any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must be otherwise consistent with the presumption in favor of public access to judicial documents.

Criminal cases

Page 6 | Redactions and Sealed Filings

Parties may redact sensitive personal information and information requiring caution from public filings without prior Court approval.

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).

Criminal cases

Page 6 | Redactions and Sealed Filings

(The party should endeavor to draft the letter-motion in a form that can be filed publicly

(The party should endeavor to draft the letter-motion in a form that can be filed publicly

Criminal cases

Sealed or confidential letters may be emailed as PDF attachments with copies to all counsel.

Any letter to be filed under seal or containing sensitive or confidential information may be emailed as a text-searchable PDF attachment to the Court with a copy simultaneously delivered to all counsel (unless the submission is being made ex parte).

Criminal cases

Parties' consent or confidentiality agreements are not sufficient to overcome presumption of public access.

In general, 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.

Criminal cases

Two categories of information may be redacted without Court approval: sensitive information and information requiring caution.

There are two categories of information that may be redacted from public court filings without prior permission from the Court: “sensitive information” and information requiring “caution.”

Criminal cases

Redactions or sealing must be narrowly tailored and consistent with presumption of public access to judicial documents.

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.

Criminal cases

Letter-motion must explain purpose of redactions and why they meet standards.

The letter-motion must explain the purpose of the redactions, and why the redactions are consistent with the standards discussed in Paragraph 10(B) above.

Criminal cases

Information requiring caution: personal identifying numbers, medical records, employment history, financial information, proprietary/trade secret info, cooperation with government.

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).

Criminal cases

Motions in limine must be bundled into a single memorandum per party unless court grants leave.

Absent leave of the Court, each party must file a single memorandum of law, consistent with Paragraph 8(C) above, in support of all motions in limine filed by that party

Civil cases

Discovery disputes require good faith conferral with Lead Trial Counsel participation, 2-business-day response requirement, and 10-business-day waiting period before filing with the Court.

Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party—in person, by videoconference, or by telephone—to resolve the dispute. This process must include at least one conference among Lead Trial Counsel for the parties involved in the dispute. C. Where a party raises a discovery dispute with the opposing party, the opposing party must make itself available to confer in good faith to resolve the dispute within two business days of a request for a conference. If a party requests a Lead Trial Counsel conference, Lead Trial Counsel for the opposing party must make themselves available within two business days. D. If the meet-and-confer process does not resolve the dispute within 10 business days of the dispute first being raised (or sooner, if an impasse has been reached), the party seeking discovery may file on ECF a letter-motion,

Civil cases

Page 4 | 5. Discovery Disputes

Discovery disputes require good faith confer with opposing party, including Lead Trial Counsel conference.

Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party—in person, by videoconference, or by telephone—to resolve the dispute. This process must include at least one conference among Lead Trial Counsel for the parties involved in the dispute.

Civil cases

Page 4 | 5. Discovery Disputes - B.

Default judgment must be sought by motion on ECF, not by order to show cause.

A party seeking a default judgment must proceed by filing a motion for default judgment on ECF pursuant to Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(b). A party seeking a default judgment should not proceed by order to show cause.

Civil cases

Only one summary judgment motion allowed without prior Court approval.

Parties may not file more than one motion for summary judgment absent prior Court approval.

Civil cases

When a motion to dismiss is filed and the non-moving party elects to amend its pleading pursuant to Federal Rule of Civil Procedure 15(a)(1), the non- moving party must, within 10 days of receipt of the motion, notify the Court and its adversary if it intends to file an amended pleading pursuant to Rule 15(a)(1), and the date by which it will do so.

When a motion to dismiss is filed and the non-moving party elects to amend its pleading pursuant to Federal Rule of Civil Procedure 15(a)(1), the non- moving party must, within 10 days of receipt of the motion, notify the Court and its adversary if it intends to file an amended pleading pursuant to Rule 15(a)(1), and the date by which it will do so.

Civil cases

Expert testimony exclusion motions must be filed by dispositive motion deadline, not as motions in limine.

Motions to exclude testimony of experts, pursuant to Rules 702–705 of the Federal Rules of Evidence and the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), line of cases, must be made by the deadline for dispositive motions and should not be treated as motions in limine.

Civil cases

Opposition papers due 30 days after motion service; reply papers due 14 days after opposition receipt.

Unless otherwise ordered by the Court, papers filed in opposition to a motion must be served and filed within 30 days of service of the motion papers, and reply papers, if any, must be served and filed within two weeks of receipt of opposition papers.

Page 3 | Motions

Opposition papers must be filed within 30 days; reply papers within 2 weeks.

Unless otherwise ordered by the Court, papers filed in opposition to a motion must be served and filed within 30 days of service of the motion papers, and reply papers, if any, must be served and filed within two weeks of receipt of opposition papers.

Page 4 | Motions

Defendant must file and serve Pretrial Statement 14 days after plaintiff's statement service.

Two weeks after service of the plaintiff's Statement, the defendant must file and serve a similar Statement of its case containing the same information.

Page 4 | Trial Documents

Parties must confer in good faith (including Lead Trial Counsel) before raising discovery disputes with the Court.

Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party—in person, by videoconference, or by telephone—to resolve the dispute. This process must include at least one conference among Lead Trial Counsel for the parties involved in the dispute.

Civil cases

Page 4 | 5. Discovery Disputes B

Sur-reply memoranda are not accepted without prior court permission.

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

Civil cases

Page 6 | 8. Motions C

Pre-motion conferences are not required except for discovery disputes, which follow Paragraph 5 procedures.

Pre-motion conferences are not required, except for disputes concerning discovery, which are governed by Paragraph 5 above.

Civil cases

Page 6 | 8. Motions B

Parties are limited to one summary judgment motion unless they obtain prior court approval.

Parties may not file more than one motion for summary judgment absent prior Court approval.

Civil cases

Page 7 | Summary Judgment Motions

Declining to amend after motion to dismiss may waive right to cure defects later.

Non-moving parties are on notice that declining to amend their pleadings to timely respond to an argument in the motion to dismiss may constitute a waiver of their right to later use the amendment process to cure defects that have been made apparent by the briefing.

Civil cases

With respect to any deposition

With respect to any deposition

Page 4 | Motions

The parties should fulfill their obligations to confer as required by Federal Rule of Civil Procedure 26(f) as soon as practicable after service of the complaint.

The parties should fulfill their obligations to confer as required by Federal Rule of Civil Procedure 26(f) as soon as practicable after service of the complaint.

Civil cases

Page 4 | 4. Conferences E. Rule 26(f) Obligations

Pre-motion conferences are not required except for discovery disputes.

Pre-motion conferences are not required, except for disputes concerning discovery, which are governed by Paragraph 5 above.

Civil cases

Page 6 | 8. Motions

Pre-motion conferences required only for discovery disputes.

Pre-motion conferences are not required, except for disputes concerning discovery, which are governed by Paragraph 5 above.

Civil cases

Oral argument will not be heard in pro se matters unless the Court orders otherwise.

Unless otherwise ordered by the Court, oral argument will not be heard in pro se matters.

Page 3 | Motions

Oral argument is not heard in pro se matters unless ordered.

Unless otherwise ordered by the Court, oral argument will not be heard in pro se matters.

Page 4 | Motions

Adjournment/extension requests must be filed as letter-motions with 6 required elements.

All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions, not as ordinary letters, proposed stipulations, or proposed orders. The letter-motion must state: (1) the original date(s); (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) the reasons for the requested extension; (5) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent; and (6) the date of the parties' next scheduled appearance before the Court as well as any other existing deadlines. If the extension will affect any other deadlines in the case, the party seeking the extension should propose amendments to those deadlines as well.

Civil cases

Page 2 | 3. Communications with Chambers

Adjournment/extension requests must be made at least 2 business days in advance.

Any request for extension or adjournment shall be made at least two business days prior to the deadline or scheduled appearance. Requests for extensions will ordinarily be denied if made after this deadline.

Civil cases

Page 2 | 2. Guidelines for All Submissions

Extension/adjournment requests must be made at least 2 business days before the deadline.

Any request for extension or adjournment shall be made at least two business days prior to the deadline or scheduled appearance. Requests for extensions will ordinarily be denied if made after this deadline.

Civil cases

Page 2 | 3. Communications with Chambers

Adjournment/extension requests must be filed as letter-motions on ECF.

All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions, not as ordinary letters, proposed stipulations, or proposed orders.

Civil cases

Page 2 | 2. Guidelines for All Submissions

Opposing party must respond to discovery dispute conference request within 2 business days.

Where a party raises a discovery dispute with the opposing party, the opposing party must make itself available to confer in good faith to resolve the dispute within two business days of a request for a conference. If a party requests a Lead Trial Counsel conference, Lead Trial Counsel for the opposing party must make themselves available within two business days.

Civil cases

Page 4 | 5. Discovery Disputes - C.

Extensions and adjournments must be requested via letter-motion, not proposed stipulations or orders.

As noted above, requests for extensions and adjournments must be made by letter-motion, not by proposed stipulation or proposed order.

Civil cases

Page 9 | M. Proposed Stipulations and Orders

Requests for extensions and adjournments must be made by letter-motion, not by stipulation or proposed order.

As noted above, requests for extensions and adjournments must be made by letter-motion, not by proposed stipulation or proposed order.

Civil cases

Letter-motions for adjournments or extensions must include original dates, prior request history, reason, adversary position, and next appearance date.

The letter-motion must state: (1) the original date(s); (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) the reason for the extension or adjournment; (5) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent; and (6) the date of the parties' next scheduled appearance before the Court.

Criminal cases

Page 2 | Requests for Adjournments or Extensions of Time

Extension requests must be made at least 48 hours before deadline; sentencing adjournments require 72 hours notice.

Absent an emergency, any request for extension or adjournment shall be made at least 48 hours prior to the deadline or scheduled appearance, and any request for adjournment of sentencing shall be made at least 72 hours prior to the scheduled proceeding. Requests for extensions will ordinarily be denied if made after the deadlines for extension or adjournment requests specified in this Paragraph.

Criminal cases

Page 2 | Requests for Adjournments or Extensions of Time

Sentencing adjournment requests must be made no later than 72 hours before the proceeding.

Any request for an adjournment of a sentencing should be made as early as possible, and no later than 72 hours before the sentencing proceeding, in accordance with Paragraph 4(D) above.

Criminal cases

Adjournment/extension requests must be filed as letter-motions on ECF.

All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions in accordance with Paragraph 6(A), not as ordinary letters.

Criminal cases

Adjournment/extension requests require 48 hours notice (72 hours for sentencing adjournments).

Absent an emergency, any request for extension or adjournment shall be made at least 48 hours prior to the deadline or scheduled appearance, and any request for adjournment of sentencing shall be made at least 72 hours prior to the scheduled proceeding.

Criminal cases

If a party seeks an exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161, the party should submit to the Court by email a proposed order (in Microsoft Word format) along with its request for adjournment or extension.

If a party seeks an exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161, the party should submit to the Court by email a proposed order (in Microsoft Word format) along with its request for adjournment or extension.

Criminal cases

Written requests for adjournments or extensions must include six specific elements: original dates, number of prior requests, status of prior requests, reasons, adversary position, and upcoming deadlines.

All requests for adjournments or extensions of time must be made in writing and must state: (1) the original date(s); (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) the reasons for the requested extension; (5) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent; and (6) the date of the parties' next scheduled appearance before the Court as well as any other existing deadlines.

Page 2 | Requests for Adjournments or Extensions of Time

Extension or adjournment requests must be made at least 48 hours in advance (absent emergency) and are typically denied if submitted after the original deadline.

Absent an emergency, any request for extension or adjournment shall be made at least 48 hours prior to the deadline or scheduled appearance. Requests for extensions will ordinarily be denied if made after the expiration of the original deadline.

Page 2 | Requests for Adjournments or Extensions of Time

Adjournment/extension requests require 48-hour advance notice (except emergencies)

Absent an emergency, any request for extension or adjournment shall be made at least 48 hours prior to the deadline or scheduled appearance.

Adjournment/extension requests must include 6 specific elements in writing

All requests for adjournments or extensions of time must be made in writing and must state: (1) the original date(s); (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) the reasons for the requested extension; (5) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent; and (6) the date of the parties’ next scheduled appearance before the Court as well as any other existing deadlines.

Adjournment/extension requests must be filed as letter-motions on ECF, include required details, and be made 2 business days in advance.

All requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions, not as ordinary letters, proposed stipulations, or proposed orders. The letter-motion must state: (1) the original date(s); (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) the reasons for the requested extension; (5) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent; and (6) the date of the parties’ next scheduled appearance before the Court as well as any other existing deadlines. If the extension will affect any other deadlines in the case, the party seeking the extension should propose amendments to those deadlines as well. Requests for extensions of deadlines regarding a matter that has been referred to a Magistrate Judge shall be addressed to that assigned Magistrate Judge. Any request for extension or adjournment shall be made at least two business days prior to the deadline or scheduled appearance. Requests for extensions will ordinarily be denied if made after this deadline.

Civil cases

Page 2 | 3. Communications E

Sentencing adjournment requests must be made at least 72 hours before the proceeding.

Any request for an adjournment of a sentencing should be made as early as possible, and no later than 72 hours before the sentencing proceeding, in accordance with Paragraph 4(D) above.

Criminal cases

Page 5 | Sentencings

Late extension/adjournment requests are ordinarily denied.

Requests for extensions will ordinarily be denied if made after the deadlines for extension or adjournment requests specified in this Paragraph.

Criminal cases

If the Court grants an extension of the Joint Claim Construction Brief deadline, the parties will presumptively lose their claim-construction hearing date.

(Should the parties later stipulate or otherwise request to have this deadline extended, the parties will presumptively lose their claim construction hearing date upon the Court’s granting the extension.)

Civil cases

Page 8 | Claim Construction Briefing

Extension requests made after deadline are ordinarily denied

Requests for extensions will ordinarily be denied if made after the expiration of the original deadline.

Parties must email list of counsel and phone numbers 24 hours before teleconference.

At least 24 hours before a scheduled teleconference, the parties must jointly email to the Court a list of counsel who may speak during the teleconference. No more than one individual should be designated to speak on behalf of each party. The email should also provide the telephone numbers from which counsel expect to join the call.

Civil cases

Page 3 | 4. Conferences - B. Teleconferences

Broadcasting or recording court conferences is prohibited by law.

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

Civil cases

Page 3 | 4. Conferences - B. Teleconferences

Electronic device access requests must be submitted at least 3 business days before trial/hearing or may be denied.

If required by the Standing Order, counsel seeking to bring a device into the Courthouse shall submit an Electronic Device and Wi-Fi Access Request Form, available on the Court’s website, to the Court by e-mail as early as possible—and certainly no later than three business days before the start of the trial or hearing. Requests submitted later than three business days prior to the relevant trial or hearing may be denied on that basis alone.

Civil cases

Page 15 | 12. Use of Electronic Devices and WiFi Access for Hearings and Trials

Mobile phones must be turned off in courtroom at all times or may be forfeited.

If permitted by the Standing Order, mobile telephones are permitted inside the Courtroom, but they MUST be kept turned off at all times. Non-compliance with this rule may result in forfeiture of the device for the remainder of the proceedings.

Civil cases

Page 15 | 12. Use of Electronic Devices and WiFi Access for Hearings and Trials

Native calculation files must be emailed to Chambers when supporting proposed damages in default judgment proceedings.

iii. if the proposed damages are supported by calculations, native versions of the files with calculations (i.e., versions of the files in their original format, such as in ".xlsx"), which shall be emailed to Chambers;

Civil cases

If a party wishes to engage the Court in this manner, all parties in attendance at the deposition must make themselves available and email the Court jointly.

If a party wishes to engage the Court in this manner, all parties in attendance at the deposition must make themselves available and email the Court jointly.

Civil cases

Government counsel must email Chambers immediately upon case assignment to arrange initial conference/arraignment.

Upon assignment of a criminal case to Judge Subramanian, the Assistant United States Attorney shall immediately email Chambers to arrange for a prompt conference/arraignment.

Criminal cases

Page 1 | Initial Pretrial Conference

Parties must jointly write to the Court 24 hours before a status conference with updates.

No later than 24 hours prior to a scheduled status conference, the parties shall jointly write to the Court to provide any updates and preview what they wish to discuss at the conference.

Criminal cases

Page 3 | Status Updates

When a defendant is pleading guilty pursuant to a plea agreement or a cooperation agreement, a copy of the agreement, signed or unsigned, ordinarily must be received by Chambers at least two business days before the scheduled plea. Where the Government is providing a Pimentel letter, a copy of the Pimentel letter must be received by Chambers at least two business days before the scheduled plea. These documents should be emailed to the Court.

When a defendant is pleading guilty pursuant to a plea agreement or a cooperation agreement, a copy of the agreement, signed or unsigned, ordinarily must be received by Chambers at least two business days before the scheduled plea. Where the Government is providing a Pimentel letter, a copy of the Pimentel letter must be received by Chambers at least two business days before the scheduled plea. These documents should be emailed to the Court.

Criminal cases

Page 4 | Guilty Pleas

Emailing of Documents to Chambers. At the same time, the party should email to Chambers: (1) a clean (i.e., unredacted) copy of the document; (2) a copy of the document highlighting the information that has been redacted in the ECF filing; and (3) an unredacted copy of the letter-motion seeking leave to file should the party also be seeking leave to file that letter-motion with redactions or under seal.

Emailing of Documents to Chambers. At the same time, the party should email to Chambers: (1) a clean (i.e., unredacted) copy of the document; (2) a copy of the document highlighting the information that has been redacted in the ECF filing; and (3) an unredacted copy of the letter-motion seeking leave to file should the party also be seeking leave to file that letter-motion with redactions or under seal.

Criminal cases

Mobile phones allowed in courtroom but must be turned off

If permitted by the Standing Order, mobile telephones are permitted inside the Courtroom, but they MUST be always turned off.

Criminal cases

Electronic device request form must be submitted by email at least 3 business days before trial/hearing

If required by the Standing Order, counsel seeking to bring a device into the Courthouse shall submit an Electronic Device and Wi-Fi Access Request Form, available on the Court’s website, to the Court by email as early as possible — and certainly no later than three business days before the start of the trial or hearing.

Criminal cases

All communications with the Court by a pro se party should be in writing and delivered in person, mailed, or emailed as a PDF to ProSe@nysd.uscourts.gov. No documents or court filings may be sent directly to Chambers.

All communications with the Court by a pro se party should be in writing and delivered in person, mailed, or emailed as a PDF to ProSe@nysd.uscourts.gov. No documents or court filings may be sent directly to Chambers.

Page 1 | No Communications by a Pro Se Party to Chambers

Pro se parties are prohibited from calling the Court directly and must direct questions to the Pro Se Office.

Pro se parties may not call the Court directly. Any questions should be directed to the Pro Se Office at (212) 805-0175.

Page 2 | No Communications by a Pro Se Party to Chambers

Pro se parties cannot send documents directly to chambers

No documents or court filings may be sent directly to Chambers.

All communications with the Court by a pro se party should be in writing and delivered in person, mailed, or emailed as a PDF to ProSe@nysd.uscourts.gov.

All communications with the Court by a pro se party should be in writing and delivered in person, mailed, or emailed as a PDF to ProSe@nysd.uscourts.gov.

Pro se parties cannot call court directly; must contact Pro Se Office

Pro se parties may not call the Court directly. Any questions should be directed to the Pro Se Office at (212) 805-0175.

Faxes to Chambers are prohibited unless prior approval is obtained.

Faxes are not permitted except with prior approval of Chambers.

Civil cases

Page 2 | 3. Communications C

counsel are required to identify themselves every time they speak. Counsel should spell any proper names for the court reporter and take special care not to interrupt or speak over one another.

counsel are required to identify themselves every time they speak. Counsel should spell any proper names for the court reporter and take special care not to interrupt or speak over one another.

Civil cases

Page 3 | 4. Conferences B. Teleconferences iii

Broadcasting or recording any court conference is prohibited.

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

Civil cases

Page 3 | 4. Conferences B. Teleconferences iv

Parties must jointly email the Court a list of speaking counsel (max one per party) and phone numbers at least 24 hours before teleconferences.

At least 24 hours before a scheduled teleconference, the parties must jointly email to the Court a list of counsel who may speak during the teleconference. No more than one individual should be designated to speak on behalf of each party. The email should also provide the telephone numbers from which counsel expect to join the call.

Civil cases

Page 3 | 4. Conferences B. Teleconferences i

If the party seeking relief believes that Rule 65(b)(1)’s requirements can be met and a temporary restraining order should issue without notice to the adverse party, the party should file its papers on ECF under seal (or, if ECF is not a viable option, by email to Chambers) and then email Chambers providing notice.

If the party seeking relief believes that Rule 65(b)(1)’s requirements can be met and a temporary restraining order should issue without notice to the adverse party, the party should file its papers on ECF under seal (or, if ECF is not a viable option, by email to Chambers) and then email Chambers providing notice.

Civil cases

Page 9 | 9. A. Applications for Temporary Restraining Orders

If the party is prepared to seek relief on notice to the adverse party, the party seeking relief should simultaneously file its papers on ECF, serve them on all other parties, and then email Chambers.

If the party is prepared to seek relief on notice to the adverse party, the party seeking relief should simultaneously file its papers on ECF, serve them on all other parties, and then email Chambers.

Civil cases

Page 9 | 9. A. Applications for Temporary Restraining Orders

Proposed joint pretrial order must be submitted by email to the Court.

Unless otherwise ordered by the Court, at least 14 days prior to the scheduled final pretrial conference, the parties shall both file on ECF, as a “Joint Pretrial Statement,” and submit by email to the Court a proposed joint pretrial order,

Civil cases

Page 10 | 10. A. Joint Pretrial Order

Counsel required by Standing Order M10-468 to bring electronic devices must submit request form via email to Court no later than 3 business days before trial/hearing; late requests may be denied.

If required by the Standing Order, counsel seeking to bring a device into the Courthouse shall submit an Electronic Device and Wi-Fi Access Request Form, available on the Court’s website, to the Court by e-mail as early as possible—and certainly no later than three business days before the start of the trial or hearing. Requests submitted later than three business days prior to the relevant trial or hearing may be denied on that basis alone.

Civil cases

Page 15 | 12. Use of Electronic Devices and WiFi Access for Hearings and Trials

Parties modifying the Model Protective Order beyond caption and signatures must email a redline of changes to Chambers; court disfavors such modifications.

Order in any way other than conforming the caption and signatures, they must provide a redline indicating all such modifications by email to Chambers. The Court disfavors modifications to the Court’s Model Protective Order.

Civil cases

Page 15

Faxes to Chambers are prohibited without prior approval.

Faxes are not permitted except with prior approval of Chambers.

Civil cases

Page 2 | 3. Communications with Chambers

Phone calls to Chambers permitted only in emergencies or as authorized; all parties must join.

Telephone calls to Chambers are permitted solely in emergency situations where a letter or letter-motion is not feasible, or as specifically authorized in Paragraph 6(B) (Conduct in Depositions). In such situations, counsel for all parties must join the call.

Civil cases

Page 2 | 3. Communications with Chambers

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-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.

Civil cases

Page 2 | 3. Communications with Chambers

Telephone calls to Chambers are permitted solely in emergency situations where a letter or letter-motion is not feasible, or as specifically authorized in Paragraph 6(B) (Conduct in Depositions). In such situations, counsel for all parties must join the call.

Telephone calls to Chambers are permitted solely in emergency situations where a letter or letter-motion is not feasible, or as specifically authorized in Paragraph 6(B) (Conduct in Depositions). In such situations, counsel for all parties must join the call.

Civil cases

Page 2 | 3. Communications with Chambers

Faxes are prohibited without prior approval from Chambers.

Faxes are not permitted except with prior approval of Chambers.

Civil cases

Page 2 | 3. Communications with Chambers

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-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.

Civil cases

Page 2 | 3. Communications with Chambers

Junior lawyers are encouraged to participate in proceedings, and Court may grant oral argument requests where junior attorneys would gain experience.

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. The Court may be inclined to grant a request for oral argument, or a request for more than one attorney to speak on behalf of a party in a conference, where doing so would afford the opportunity for a junior attorney to gain experience.

Civil cases

Page 6 | 7. Participation by Less-Experienced Attorneys

Parties should notify Court if oral argument will be handled by a junior attorney, as this may increase likelihood of argument being granted.

A party should advise the Court by letter if oral argument would be handled by a less-experienced attorney because, as discussed in Paragraph 7 above, that may make the Court more inclined to hold oral argument.

Civil cases

Page 6 | 8. Motions

Court encourages junior attorney participation in proceedings.

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.

Civil cases