Judge P. Kevin Castel
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Within 4 Days
Filings > 40 pages
- Within 5 Days
Adjournments
- Modifications/extensions require written application 5+ days before deadline under paragraph 1(C) of Court's Individual Practices.
- Motion schedule adjournment requests must include proposed dates for all submissions
- Adjournment/extension requests must be by ECF letter with specific required information
Request must include
- A request for an adjournment of time to answer a complaint should include a request to adjourn the initial conference to a date at least 14 days after the answer would be due.
- A request for an extension of the schedule for completion of discovery shall attach a proposed Revised Case Management Plan and Scheduling Order (reflecting actual dates which are business days). It should also include a request to adjourn the next conference to a date at least 14 days after any proposed date for the close of fact discovery.
Communication
Chambers
Letter via ECF
Chambers
Page & Word Limits1 rule
Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to 25 pages, and reply memoranda are limited to 10 pages.
- Motion memorandum
- Up to 25 pages
- Reply memorandum
- Up to 10 pages
Document Filing Requirements18 rules
Non-jury final pretrial submissions required by Final Submission Date per Judge's Individual Practices.
- Document
- Pretrial submission
Must include
- •Final pretrial submission
Court's wording
If the action is to be tried to the Court, all “Final Pretrial Submissions (Non-Jury)” described in the Judge’s Individual Practices (at ¶6.D) shall be filed by the Final Submission Date with the schedule for each party’s submission to be agreed upon by the parties.
Joint submission of jury instructions required; no submissions after Final Pretrial Submission Date except under Rule 51(a)(2)(A).
- Document
- Jury instructions
Must include
- •Joint submission
Court's wording
Counsel are required to meet and confer on a joint submission of proposed jury instructions and verdict form, noting any points of disagreement in the joint submission. Jury instructions may not be submitted after the Final Pretrial Submission Date, unless they meet the standard of Rule 51(a)(2)(A), Fed. R. Civ. P.
Joint Pretrial Order due 30 days after close of fact and expert discovery.
Court's wording
The Final Pretrial Submission Date is thirty (30) days after the close of fact and expert discovery (whichever is later). By the Final Pretrial Submission Date, the parties shall submit a Joint Pretrial Order prepared in accordance with the undersigned’s Individual Practices and Rule 26(a)(3), Fed. R. Civ. P.
The first paragraph of all letters must set forth the date of the next conference before the Court.
All letters must contain the docket number of the action, as well as the docket number of any related action before the Judge (e.g. 25 cv 3456(PKC) [rel. 25 cv 3457(PKC)]).
- Document
- Letter
Must include
- •Case number
Electronic device requests must be emailed to chambers, not filed on ECF
Court's wording
The Electronic Device Request form should not be submitted on ECF. It should be emailed to the Chambers' email. It will be processed and returned to the requesting party and the party should bring a copy of the signed Request Form to Court.
Case management plan and scheduling order must be filed on ECF 48 hours before initial pretrial conference
- Document
- Case management plan
Must include
- •Scheduling order
Court's wording
For all civil cases, the parties shall confer and prepare a proposed Case Management Plan and Scheduling Order (a model Plan and Order is found under Judge Castel's name on the Court website) and the agreed upon Plan and Order (together with any alternate proposal) shall be filed on ECF no later than 48 hours before the Initial Pretrial Conference.
A summary judgment movant shall provide the opposing party with a copy of its Local Rule 56.1(a)(1) Statement in Microsoft Word format within four days of filing.
Opposition to summary judgment must include verbatim LR 56.1(a)(1) Statement before response
Court's wording
The Local Rule 56.1(a)(2) Statement by the party opposing summary judgment shall set forth verbatim the text of each paragraph of the Local Rule 56.1(a)(1) Statement of the movant immediately preceding its response thereto.
Electronic set of trial exhibits must be presented to Court and opposing counsel at trial commencement; electronic set with index for jury at close of evidence.
Court's wording
Unless otherwise ordered, at the commencement of trial, an electronic set of trial exhibits shall be presented to the Court and to opposing counsel. At the close of evidence in a jury trial, a set of all admitted exhibits in electronic form, together with an index, shall be prepared by the parties for the jury's use during deliberation.
A memorandum of 10 pages or more shall contain a table of contents.
- Document
- Motion memorandum
Must include
- •Table of contents
Plaintiff's direct testimony due 21 days after discovery completion; defendant's 14 days later. Must deliver hard copy and Word to Chambers within 4 days of filing.
Court's wording
The direct testimony of the plaintiff's witnesses shall be filed 21 days following the scheduled date for completion of fact and expert discovery and the direct of the defendant's direct testimony shall be filed 14 days thereafter. The direct testimony of each witness shall be delivered to Chambers within four days of filing in both hard copy and Microsoft Word.
Plaintiff must file voir dire, jury instructions, and verdict form within 21 days of discovery completion; defendant responds within 14 days. ECF filing with Word copy to Chambers within 4 days.
Court's wording
Unless otherwise ordered, plaintiff shall file (i), (ii), and (iii) 21 days following the scheduled date for completion of fact and expert discovery and defendant's response (including areas of agreement) and counterproposals on (i), (ii) and (iii) shall be filed 14 days thereafter. These submissions must be filed on ECF with a copy in Microsoft Word submitted to Chambers electronically within four days.
Trial exhibits must be pre-marked (PX A, PX B for plaintiff; DX 1, DX 2 for defendant) with two hard copies in courtroom.
Court's wording
Unless otherwise ordered, all trial or hearing exhibits shall be pre-marked with exhibit letters for the plaintiff (e.g. PX A, PX B, etc.) and numbers for the defendant (e.g. DX 1, DX 2, etc.) A party shall have two hard copies of all trial exhibits in the Courtroom to be handed up if and when requested by the Court.
If letters are filed electronically, they must be grouped and filed together as attachments to a single document marked SENTENCING MEMORANDUM bearing the caption and docket number.
- Document
- Sentencing submission
- Placement
- Caption
The paper filing cover must be marked “SENTENCING MEMORANDUM” and bear the caption and docket number.
- Document
- Sentencing submission
- Placement
- Caption
Court's wording
If letters are filed as hard copies, a party shall group all letters together in a single paper filing under a cover marked SENTENCING MEMORANDUM bearing the caption and docket number and submit it to the Clerk's Office.
If a party redacts information beyond the eleven categories of information identified in the Privacy Policy, an application to do so must be served and filed at the time the sentencing submission is served. The application should clearly identify the redaction and explain the reasons for the redaction.
All counsel must meet face-to-face for at least one hour to discuss settlement within fourteen (14) days after the close of fact discovery.
Filing & Service rules
Electronic Filing Rules
Only paper filing is allowed in a non-ECF criminal case.
(If the criminal case is a non-ECF case, then only paper filing is allowed.)
Criminal cases
Page 1 | I. Sentencing submissions
Filing Timing and Cure Windows
A party must file its sentencing submission when it is served, using the specified paper or ECF procedure, but non-ECF cases must use paper filing.
At the time it is served, a party shall file its sentencing submission following one of the two procedures described here. (If the criminal case is a non-ECF case, then only paper filing is allowed.)
Criminal cases
Page 1 | I. Sentencing submissions
Service and Proof of Service Rules
A defendant must serve the sentencing submission two weeks before the sentencing date.
A defendant's sentencing submission shall be served two weeks in advance of the date set for sentence.
Criminal cases
Page 1 | I. Sentencing submissions
The government must serve its sentencing submission one week before the sentencing date.
The government's sentencing submission shall be served one week in advance of the date set for sentence.
Criminal cases
Page 1 | I. Sentencing submissions
Courtesy Copy Requirements
Courtesy copies required for pleadings over 40 pages, within 5 days of filing
If, but only if, they exceed 40 pages in length, courtesy copies of all pleadings (complaint, answer, counterclaim, etc.) shall be sent to Chambers within five days of filing.
Civil cases
Page 2 | Communications
Courtesy copies of all motion papers due to Chambers within 4 days of filing
Courtesy copies of all motion papers shall be submitted in hard copy to Chambers within four days of filing.
Civil cases
A copy of the redacted material should be sent to Chambers and also an additional copy should be handed up at the sentencing proceeding, marked to indicate what information has been redacted from the publicly filed materials.
A copy of the redacted material should be sent to Chambers and also an additional copy should be handed up at the sentencing proceeding, marked to indicate what information has been redacted from the publicly filed materials.
Criminal cases
Page 1 | Sentencing submissions and redactions
The parties should provide one courtesy copy of each sentencing submission to the Court when serving it.
The parties should provide the Court with one courtesy copy of each submission when it is served.
Criminal cases
Page 1 | I. Sentencing submissions
Sealing & Redaction Procedures
Documents cannot be filed under seal without court order; must include affidavit and legal memorandum addressing sealing standards and Lugosch v. Pyramid Co.
Notwithstanding any other provision, no document may be filed with the Clerk under seal without a further Order of this Court addressing the specific documents or portions of documents to be sealed. Any application to seal shall be accompanied by an affidavit or affidavits and a memorandum of law, demonstrating that the standards for sealing have been met and specifically addressing the applicability of Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-120 (2d Cir. 2006) and any other controlling authority.
Civil cases
Proposed sealed document must be contemporaneously filed under seal in ECF and related to motion; summary docket text remains public.
The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion. The summary docket text, but not the sealed document, will be open to public inspection and should not include confidential information sought to be filed under seal.
Civil cases
Motion for sealing must be filed publicly with reasons; supporting papers may be filed under seal/redacted as needed.
The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal. Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.
Civil cases
For redactions in publicly filed documents: file redacted version publicly and unredacted version under seal with highlights, both electronically related to motion.
Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.
Civil cases
Sealed/redacted filings must be filed electronically through ECF system following court's standing order and ECF rules.
Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court’s ECF system in conformity with the Court’s Standing Order, 19-mc-00583, and ECF Rules & Instructions, section 6.
Civil cases
Only pages containing redacted material from a publicly filed document will be filed under seal.
If any material is redacted from the publicly filed document, only those pages containing the redacted material will be filed under seal.
Criminal cases
Page 1 | Sentencing submissions and redactions
When material is redacted from a public filing, only pages containing redactions are filed under seal; a copy of the redacted material should be sent to Chambers and another marked copy handed up at sentencing.
If any material is redacted from the publicly filed document, only those pages containing the redacted material will be filed under seal. A copy of the redacted material should be sent to Chambers and also an additional copy should be handed up at the sentencing proceeding, marked to indicate what information has been redacted from the publicly filed materials.
Criminal cases
Page 1 | Sentencing submissions and redactions
Redactions beyond the eleven Privacy Policy categories require an application served and filed with the sentencing submission that identifies and explains the redaction; the Court will address it at sentencing.
If a party redacts information beyond the eleven categories of information identified in the Privacy Policy, an application to do so must be served and filed at the time the sentencing submission is served. The application should clearly identify the redaction and explain the reasons for the redaction. The application will be addressed at the sentencing proceeding.
Criminal cases
Page 2 | 2. Redactions beyond Privacy Policy categories
Parties unable to file electronically under seal must seek court permission to file on paper.
Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.
Civil cases
14-day advance notice required before using opposing party's confidential information; 7-day window for opposing party to seek sealing.
Unless otherwise ordered, a party seeking to file an opposing party’s confidential information shall so advise the opposing party fourteen (14) days in advance specifying the precise portion of the information the party seeks to use, the general purpose thereof and any redactions to which the party does not object. Within seven (7) days thereafter, the party whose confidential information is sought to be used may make an application to seal in accordance with the first paragraph of this Order, indicating the portion or portions of the information it seeks to have sealed.
Civil cases
Rule 5.2 requires redaction of sensitive information from public court filings.
Rule 5.2, Fed. R. Civ. P., describes sensitive information that must be redacted from public court filings
Civil cases
Parties may redact the identified sensitive and cautionary information categories under the Privacy Policy without applying to the Court.
Parties may redact the five categories of "sensitive information" and the six categories of information requiring caution (i.e., personal identifying number, medical records, treatment and diagnosis, employment history, individual financial information, proprietary or trade secret information, and information regarding an individual's cooperation with the government) as described in the Privacy Policy, without application to the Court.
Criminal cases
Page 1 | Sentencing submissions and redactions
Filing Bundling Requirements
Hard-copy letters must be grouped in one paper filing under a cover marked “SENTENCING MEMORANDUM” with the caption and docket number, and submitted to the Clerk’s Office.
If letters are filed as hard copies, a party shall group all letters together in a single paper filing under a cover marked SENTENCING MEMORANDUM bearing the caption and docket number and submit it to the Clerk's Office.
Criminal cases
Page 1 | a. Paper Filing
Letters filed electronically must be grouped as attachments to one document marked “SENTENCING MEMORANDUM” with the caption and docket number.
If letters are filed electronically, they must be grouped and filed together as attachments to a single document marked SENTENCING MEMORANDUM bearing the caption and docket number.
Criminal cases
Page 1 | b. ECF Filing
Pre-Motion Conference Requirements
Summary judgment motions require pre-motion letter within 14 days after fact discovery closes.
Pursuant to the authority of Rule 16(c)(2), Fed. R. Civ. P., any motion for summary judgment will be deemed untimely unless a Pre-Motion Letter relating thereto is filed no later than fourteen (14) days after the date set by the Court for the close of fact discovery.
Civil cases
Motions require pre-motion conference except motions in limine.
All motions and applications shall be governed by the Court’s Individual Practices, including pre- motion conference requirements, except that motions in limine may be made without a premotion conference on the schedule set forth in paragraph 11.
Civil cases
Motions in limine must be filed after discovery closes but before pretrial submission date; pre-motion letter waived.
Any motions in limine shall be filed after the close of discovery but sufficiently before the Final Pretrial Submission Date to allow all briefing by all parties by the Final Pretrial Submission date; the Pre-Motion Letter requirement is waived for any such motion in limine.
Civil cases
The filing of a Pre-Motion letter to the Court is required prior to the filing of all motions, except the following: a Discovery motions, which are governed by 3.B. below; b Motions brought by order to show cause; c Motions by incarcerated pro se litigants;
The filing of a Pre-Motion letter to the Court is required prior to the filing of all motions, except the following: a Discovery motions, which are governed by 3.B. below; b Motions brought by order to show cause; c Motions by incarcerated pro se litigants;
Civil cases
Page 2 | Motions
Response to discovery dispute letter due within 4 business days with case law and affidavits
The party from whom discovery is sought shall respond within four business days and shall include any case law support and any affidavits required to adjudicate the motion.
Civil cases
Discovery dispute letter must include Rule 37(a)(1) certification and full discovery materials
A Discovery Dispute Letter to the Court shall contain the certification required under Rule 37(a)(1), Fed. R. Civ. P., and set forth the full text of any a discovery request and response or objection thereto, together with any case law support and any affidavits required to adjudicate the issue.
Civil cases
Motions in limine must be filed within 21 days of discovery completion and responded to within 14 days.
Unless otherwise ordered, any motions in limine shall be filed within 21 days following the scheduled date for completion of fact and expert discovery and responded to within 14 days of service.
Civil cases
Pre-motion letter for Rule 12(b) motion stays time to answer or move
The transmittal of a Pre-Motion Letter for a proposed motion under Rule 12(b), Fed. R. Civ. P., stays the time to answer or move until further order of the Court.
Civil cases
Response to pre-motion letter due within 4 business days
A response to the letter shall be filed within four business days.
Civil cases
Response to pre-motion letter for motion to dismiss must state if seeking leave to amend
If a Pre-Motion Letter seeks to file a motion to dismiss, the party responding shall unambiguously state in the first paragraph whether he, she or it seeks leave to amend.
Civil cases
Pre-motion letter must detail legal/factual basis and proposed schedule
The letter shall set forth in detail the legal and factual basis for the anticipated motion and a proposed schedule for the motion.
Civil cases
Pre-motion letter must state date of any scheduled conference in first paragraph
The Pre-Motion Letter shall state in the first paragraph the date of any conference scheduled before the Court.
Civil cases
Adjournment & Extension Requirements
Modifications/extensions require written application 5+ days before deadline under paragraph 1(C) of Court's Individual Practices.
This ORDER may not be modified or the dates herein extended, except by further Order of this Court for good cause shown. Any application to modify or extend the dates herein (except as noted in paragraph 6) shall be made in a written application in accordance with paragraph 1(C) of the Court’s Individual Practices and shall be made no less than five (5) days prior to the expiration of the date sought to be extended.
Civil cases
Page 3 | TO BE COMPLETED BY THE COURT
A request for an adjournment of time to answer a complaint should include a request to adjourn the initial conference to a date at least 14 days after the answer would be due.
A request for an adjournment of time to answer a complaint should include a request to adjourn the initial conference to a date at least 14 days after the answer would be due.
Civil cases
Page 2 | Communications
A request for an extension of the schedule for completion of discovery shall attach a proposed Revised Case Management Plan and Scheduling Order (reflecting actual dates which are business days). It should also include a request to adjourn the next conference to a date at least 14 days after any proposed date for the close of fact discovery.
A request for an extension of the schedule for completion of discovery shall attach a proposed Revised Case Management Plan and Scheduling Order (reflecting actual dates which are business days). It should also include a request to adjourn the next conference to a date at least 14 days after any proposed date for the close of fact discovery.
Civil cases
Page 2 | Communications
Motion schedule adjournment requests must include proposed dates for all submissions
A request for adjournment of a motion schedule shall include proposed dates for all submissions of all parties relating to the motion.
Civil cases
Page 2 | Communications
Adjournment/extension requests must be by ECF letter with specific required information
All requests for adjournments or extensions of time shall be made by letter filed on ECF. The letter should state: i. the date sought to be adjourned or extended; ii. the reasons for the request; iii. whether any adjournment or extension of the date was previously sought and whether it was granted; reasons given by the adversary for declining to consent; and v. the information in 1.A. ii & iii above.
Civil cases
Page 2 | Communications
Chambers Communication Rules
Communications with the Court shall be by letter and filed on ECF. Absent a specific direction from the Court, the text of an email transmitted to Chambers does not qualify as a letter and its contents will not be addressed by the Court or Chambers' Staff.
Communications with the Court shall be by letter and filed on ECF. Absent a specific direction from the Court, the text of an email transmitted to Chambers does not qualify as a letter and its contents will not be addressed by the Court or Chambers' Staff.
Civil cases
Page 1 | Communications
Questions or requests on matters of scheduling, substance or procedure should be presented by letter. (See 1.A.) For matters requiring immediate attention, please email Chambers at: CastelNYSDChambers@nysd.uscourts.gov.
Questions or requests on matters of scheduling, substance or procedure should be presented by letter. (See 1.A.) For matters requiring immediate attention, please email Chambers at: CastelNYSDChambers@nysd.uscourts.gov.
Civil cases
Page 1 | Communications
Questions about these practices may be directed to Chambers by email at the stated address.
If you have any questions about these practices, please email Chambers at CastelNYSDChambers@nysd.uscourts.gov.
Criminal cases
Page 2 | 3. Questions