Judge Sarah Netburn
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy • Within 1 Week After Fully Briefed
Sealed Document
- Upon Filing
Adjournments
- Adjournment/extension requests must be filed as letter motions on ECF.
- Adjournment/extension letter motions must include original due date, prior requests, and adversary consent.
- Adjournment requests must include original date, previous requests, and adversary consent.
Request must include
- Extension/adjournment requests must be made at least 48 hours before deadline.
- Adjournment requests more than 14 days before conference are granted without good cause; within 14 days require reasons.
Communication
Chambers
Phone
Chambers
Page & Word Limits5 rules
Letters on discovery disputes are limited in length by the discovery order issued in the case.
Letters may not exceed 5 pages, exclusive of exhibits, unless prior permission is received from the Court.
- Letter
- Up to 5 pages
Exception
More pages with leave of court
Letters may not exceed 5 pages in length (exclusive of exhibits).
- Letter
- Up to 5 pages
Motion memoranda limited to 8,750 words; reply briefs limited to 3,500 words; tables required for briefs 3,500+ words.
- Motion memorandum
- Up to 8,750 words
- Opposition
- Up to 8,750 words
- Reply brief
- Up to 3,500 words
Court's wording
Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to 8,750 words, and reply briefs are limited to 3,500 words. Memoranda of 3,500 words or more shall contain a table of contents and a table of authorities.
This ex parte letter must not exceed five (5) pages, unless permission to do so has been sought and granted by the Court.
- Page limit
- Up to 5 pages
Exception
More pages with leave of court
Document Format Requirements4 rules
All moving papers, letter motions, and letters must be in searchable PDF format, not scanned images.
- File type
- Motion
- Letter
Formatting
- •Searchable PDF required
- •No scanned images
Court's wording
All moving papers, letter motions, and letters filed on ECF or emailed to chambers must be in searchable PDF form. Typically, this means that a document created using word-processing software must be converted to PDF from the original word- processing file. PDF images may not be created by scanning paper documents.
Audio/visual material cannot be filed on ECF. If a party wishes to submit audio or visual evidence for the Court’s consideration, the evidence should be submitted on a USB with no security measures (i.e., password protections).
Ex parte settlement letters, proposed case management plans, or letters otherwise containing sensitive or confidential information should be emailed to Chambers as a .pdf (not .pdf/A) attachment to the address provided on the scheduling order.
- File type
The USB can be mailed to Chambers or delivered to the mailroom at the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007.
Document Filing Requirements14 rules
Joint Pretrial orders shall include the information required by Fed. R. Civ. P. 26(a)(3) and the following:
Confidential information should be clearly indicated as such.
Letters between parties/counsel not addressed to court cannot be filed on ECF.
Court's wording
Letters solely between parties or their counsel or otherwise not addressed to the Court may not be filed on ECF or otherwise sent to the Court (except as exhibits to an otherwise properly filed document).
The letter should include (a) the history of settlement negotiations, including any prior offers or demands, which are strongly encouraged before the conference; (b) your evaluation of the settlement value of the case and the rationale for it; and (c) any other facts that would be helpful to the mediator in preparation for the conference.
Attendance Acknowledgment Form required with ex parte settlement letter.
Court's wording
Counsel shall complete the Attendance Acknowledgment Form that appears following this Standing Order. This form must be submitted together with the ex parte settlement letter and may be sent to the Court by e-mail in accordance with the Individual Practices of Judge Netburn.
Ex parte settlement letter (max 5 pages) required one week before conference.
Court's wording
No later than one week before the conference, counsel for each party must send the Court a letter, marked “Confidential Material for Use Only at Settlement Conference,” which should not be served on the other parties. The letter should be e-mailed to the Court in accordance with the Individual Practices of Judge Netburn. This ex parte letter must not exceed five (5) pages, unless permission to do so has been sought and granted by the Court.
Corporate parties must send decision-maker with actual authority; insurance carriers must send decision-makers.
Court's wording
Corporate parties or labor unions must send the person with decision-making authority who gives directions to counsel of record (not someone who has received settlement authority from someone else). Where liability insurance is involved, a decision maker from each carrier must attend in addition to the insured.
The parties—not just the attorneys—must attend in person. A party’s attendance is essential to the settlement process. It is vital that parties
Non-compliance with attendance requirements may result in reimbursement and sanctions.
Court's wording
If a party fails to come to the settlement conference with all the required persons (attorney, plus a decision maker from the relevant party, plus a decision maker from each insurance carrier), that party may be required to reimburse all the other parties for their time and travel expenses, and may face other sanctions.
A joint letter informing the Court about the status of discovery shall be filed with the Court by ______________________ [generally 60 days from date of conference]
- Document
- Status letter
Must include
- •Joint letter
Prisoners or parties >100 miles may request telephone participation.
Court's wording
If a party is in prison, or the party resides more than 100 miles from the Courthouse and it would be a great hardship to attend in person, counsel may write to the Court seeking permission to participate by telephone.
The letter should address any outstanding discovery disputes. It should also indicate whether the parties wish to schedule a settlement conference and, if so, include proposed dates on at least two consecutive weeks.
- Document
- Status letter
Should include
- •Proposed dates
- •Discovery disputes
Joint Pretrial Order. After the close of discovery, the Court will file a Scheduling Order containing instructions for the parties’ Proposed Joint Pretrial Order.
At the outset of the mediation, each attorney should be prepared to make a brief presentation in the presence of opposing counsel and the parties, summarizing not merely a party’s positions, but the party’s interests in resolving the litigation. Written remarks read aloud are usually ineffective.
Filing & Service rules
Courtesy Copy Requirements
Unredacted courtesy copies required for sealed filings.
Unredacted courtesy copies of all documents to be filed under seal shall be sent to chambers at the time the motion is filed.
Page 5 | Electronic Filing Under Seal in Civil and Miscellaneous Cases
Courtesy copies required for letters over 10 pages (including exhibits).
Courtesy copies, as set forth in Paragraph 2(B), infra, must be provided for all letters in excess of 10 pages, inclusive of exhibits.
Courtesy copies of trial prep documents must be emailed to chambers in Word format.
Unless otherwise ordered by the Court, each party shall provide courtesy copies of the items identified in i-vii immediately above to Judge McCarthy’s chambers by e-mailing it, in Word format, to McCarthy_NYSDChambers@nysd.uscourts.gov.
One courtesy copy of all motion papers, marked as such, shall be submitted to Chambers by the movant after the motion has been fully briefed. Courtesy copies should not be submitted to Chambers on a rolling basis. All courtesy copies should be placed in well-organized three-ring binder(s). For all motions, oppositions, and replies containing multiple items of documentary evidence, the evidence must be divided into exhibits, separated by tab dividers, and preceded by an exhibit list. The moving party should submit the courtesy copies to Chambers no later than one week after the motion became fully briefed. Courtesy copies can be mailed to Chambers or delivered to the mailroom at the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007.
One courtesy copy of all motion papers, marked as such, shall be submitted to Chambers by the movant after the motion has been fully briefed. Courtesy copies should not be submitted to Chambers on a rolling basis. All courtesy copies should be placed in well-organized three-ring binder(s). For all motions, oppositions, and replies containing multiple items of documentary evidence, the evidence must be divided into exhibits, separated by tab dividers, and preceded by an exhibit list. The moving party should submit the courtesy copies to Chambers no later than one week after the motion became fully briefed. Courtesy copies can be mailed to Chambers or delivered to the mailroom at the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007.
Civil cases
Sealing & Redaction Procedures
Supporting papers for seal motions may be filed under seal or redacted only as necessary.
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
Page 5 | Sealing Procedures
For redaction approval, 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
Page 5 | Sealing Procedures
Motion to seal must be filed publicly and explain reasons without including confidential information.
The motion must be filed in public view, must explain the reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal.
Civil cases
Page 5 | Sealing Procedures
Proposed sealed document must be contemporaneously filed under seal and electronically related to the motion.
The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion.
Civil cases
Page 5 | Sealing Procedures
Sealed/redacted filings must be filed electronically through ECF system following specific standing order and ECF rules.
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
Page 5 | Sealing Procedures
Request to file redacted/sealed documents must be made by letter explaining reasons and legal basis.
Any party wishing to file a redacted pleading, motion, memorandum, exhibit, or other document, or any portion thereof, must make a specific request to the Court by letter explaining the reasons for seeking to file that submission under seal and addressing the request in light of the governing law.
Civil cases
Pre-Motion Conference Requirements
Discovery disputes require meet-and-confer before filing 5-page ECF letter motion; responsive letters due within 3 business days.
Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, the party may submit an ECF letter motion to the Court, no longer than five pages, explaining the nature of the dispute and requesting an informal conference. Such letter must include evidence or a representation that the meet-and-confer process occurred, including when and whether it was in person or over the telephone. Any responsive letter should be submitted within three business days.
Civil cases
Any party that wishes to file a motion for summary judgment shall file a pre-motion letter with the Hon. ______________________ by ______________________ (generally 14 days after the close of discovery)
Any party that wishes to file a motion for summary judgment shall file a pre-motion letter with the Hon. ______________________ by ______________________ (generally 14 days after the close of discovery)
Civil cases
Page 2 | Summary Judgment Motion
Sur-reply memoranda require prior permission from the Court.
Sur-reply memoranda will not be accepted without prior permission of the Court.
Civil cases
Any summary judgment motion shall be filed, without a pre-motion letter, by______________________ (generally 28 days after the close of discovery)
Any summary judgment motion shall be filed, without a pre-motion letter, by______________________ (generally 28 days after the close of discovery)
Civil cases
Page 2 | Summary Judgment Motion
Adjournment & Extension Requirements
Adjournment/extension letter motions must include original due date, prior requests, and adversary consent.
The letter motion must state: (1) the original due date, (2) the number of prior requests for adjournment or extension, (3) whether these prior requests were granted or denied, and (4) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent.
Adjournment/extension requests must be filed as letter motions on ECF.
All requests for adjournments or extensions of time with regard to filing deadlines must be made in writing and filed on ECF as letter motions.
Extension/adjournment requests must be made at least 48 hours before deadline.
Absent good cause, any request for extension or adjournment shall be made at least 48 hours before the deadline or scheduled appearance.
Civil cases
Adjournment requests must include original date, previous requests, and adversary consent.
In particular, requests for adjournment 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; and (4) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent.
Civil cases
Adjournment requests more than 14 days before conference are granted without good cause; within 14 days require reasons.
Requests for adjournment shall conform to the Individual Practices of Judge Netburn, with the following modification: requests submitted more than 14 days before the scheduled conference date will ordinarily be granted without a showing of good cause; requests submitted within 14 days of the date of the scheduled conference must set forth the reasons for seeking the change in date.
Page 3 | Adjournments of Settlement Conferences
Chambers Communication Rules
No substantive content in email body - only in attached letter.
Parties shall not include substantive communications in the body of the e-mail; such communications shall be included only in the attached letter.
Civil cases
Phone calls to chambers only for urgent matters requiring immediate attention.
Telephone calls to Chambers are permitted only for urgent matters requiring immediate attention.
Civil cases
Emails to chambers must include case caption and docket number in subject line.
E-mails shall: (1) state in the subject line the caption of the case, including the lead party names and docket number; and (2) provide a brief description of the contents of the letter.
Civil cases
Email courtroom deputy for docketing, scheduling, and calendar matters.
For docketing, scheduling, and calendar matters, email the Courtroom Deputy at Diljah_Shaw@nysd.uscourts.gov.
Civil cases
Individuals living more than 100 miles from NYC may participate by telephone with Court permission.
I have obtained permission from the Court to allow the following individual(s) who live(s) more than 100 miles from New York City to participate in the conference by telephone.
Page 4 | Settlement Conference Form
Settlement conferences may be conducted by telephone if parties jointly request.
The Court will consider applications to conduct the entire settlement conference by telephone if the parties jointly request.
Page 4 | Settlement Conference Form
Parties encouraged to request earlier settlement conference if productive
The parties are, however, encouraged to contact the Court earlier if they believe a settlement conference sooner would be productive.
Civil cases
Page 1 | Status Letter