Reed v. Johnson

Filing 29

NOTICE OF REASSIGNMENT This case has been reassigned to the undersigned. All counsel and pro se Plaintiff must familiarize themselves with the Court's Individual Rules, which are available at https://nysd.uscourts.gov/hon-jennifer-l-rochon, i ncluding the Court's Individual Rules of Practice in Civil Pro Se Cases. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the cases reassignment. Any conference or oral argument before or directed by the Magistrate Judge will proceed as ordered. However, all previously-scheduled appearances or conferences before the District Court are hereby adjourned pending further notice from the Court. Additionally, within th ree weeks of the filing of this Order, the parties are hereby ORDERED to confer and prepare, and Defendants are ORDERED to file on ECF and serve on pro se Plaintiff, a joint letter updating the Court on the status of the case. The joint letter sha ll not exceed four (4) pages. If this case has been settled or otherwise terminated, the parties need not submit such letter or appear, provided that a stipulation of discontinuance, voluntary dismissal, or other proof of termination is filed on t he docket prior to the joint letter submission deadline, using the appropriate ECF Filing Event. See SDNY ECF Rules & Instructions §§ 13.17-13.19, available at http://nysd.uscourts.gov/ecf_filing.php. Requests for extensions or adjournme nt of dates not affected by this Order may be made only in accordance with the Courts Individual Rules and Practices, including the Court's Individual Rules of Practice in Civil Pro Se Cases, which are available at https://nysd.uscourts.gov/h on-jennifer-l-rochon. The Clerk of Court is respectfully directed to mail this Order, along with Judge Rochons Individual Rules of Practice in Civil Cases and Individual Rules of Practice in Civil Pro Se Cases, to pro se Plaintiff. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer L. Rochon on 9/19/2022) (jca)

Case 1:20-cv-07584-JLR-KHP Document 29 Filed 09/19/22 Page 1 of 22

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
CHRISTOPHER REED,
Plaintiff,
20-CV-07584 (JLR)(KHP)

-againstJ. JOHNSON, superintendent,

NOTICE OF REASSIGNMENT

Defendant.

JENNIFER L. ROCHON, United States District Judge:
This case has been reassigned to the undersigned. All counsel and pro se Plaintiff must
familiarize themselves with the Court’s Individual Rules, which are available at
https://nysd.uscourts.gov/hon-jennifer-l-rochon, including the Court’s Individual Rules of
Practice in Civil Pro Se Cases. Unless and until the Court orders otherwise, all prior orders,
dates, and deadlines shall remain in effect notwithstanding the case’s reassignment. Any
conference or oral argument before or directed by the Magistrate Judge will proceed as ordered.
However, all previously-scheduled appearances or conferences before the District Court are
hereby adjourned pending further notice from the Court.
Additionally, within three weeks of the filing of this Order, the parties are hereby
ORDERED to confer and prepare, and Defendants are ORDERED to file on ECF and serve on
pro se Plaintiff, a joint letter updating the Court on the status of the case. The joint letter shall
not exceed four (4) pages, and shall provide the following information, to the extent it is
relevant, in separate paragraphs:
1.

Names and current contact information of counsel and pro se Plaintiff, if
different from the information currently reflected on the docket;

2.

A brief statement of the nature of the case and/or the principal defenses thereto;

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3.

A brief explanation of why jurisdiction and venue lie in this Court. In any action
in which subject matter jurisdiction is founded on diversity of citizenship
pursuant to Title 28, United States Code, Section 1332, the letter must explain the
basis for the parties’ belief that diversity of citizenship exists. Where any party is
a corporation, the letter shall state both the place of incorporation and the
principal place of business. In cases where any party is a partnership, limited
partnership, limited liability company, or trust, the letter shall state the
citizenship of each of the entity’s members, shareholders, partners, and/or
trustees;

4.

A statement of all existing deadlines, due dates, and/or cut-off dates;

5.

A statement of any previously-scheduled conference dates with the Court that
have not yet occurred and the matters that were to be discussed;

6.

A brief description of any outstanding motions, including the date of the motion
and the nature of the relief sought;

7.

A statement and description of any pending appeals;

8.

A detailed statement of all discovery undertaken to date, including how many
depositions each party has taken and what, if any, discovery remains that is
essential for the parties to engage in meaningful settlement negotiations;

9.

A brief description of the status of prior settlement discussions, without
disclosing exact offers and demands;

10.

A statement of whether the parties have discussed the use of alternate dispute
resolution mechanisms and indicating whether the parties believe that (a) a
settlement conference before a Magistrate Judge; (b) participation in the
District’s Mediation Program; and/or (c) retention of a privately retained
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mediator would be appropriate and, if so, when in the case (e.g., within the next
60 days, after the deposition of plaintiff is completed, after the close of fact
discovery, etc.) the use of such a mechanism would be appropriate;
11.

An estimate of the length of trial; and

12.

Any other information that the parties believe may assist the Court in advancing
the case to settlement or trial, including, but not limited to, a description of any
dispositive or novel issue raised by the case.

If this case has been settled or otherwise terminated, the parties need not submit such
letter or appear, provided that a stipulation of discontinuance, voluntary dismissal, or other proof
of termination is filed on the docket prior to the joint letter submission deadline, using the
appropriate ECF Filing Event. See SDNY ECF Rules & Instructions §§ 13.17-13.19, available
at http://nysd.uscourts.gov/ecf_filing.php. Requests for extensions or adjournment of dates not
affected by this Order may be made only in accordance with the Court’s Individual Rules and
Practices, including the Court’s Individual Rules of Practice in Civil Pro Se Cases, which are
available at https://nysd.uscourts.gov/hon-jennifer-l-rochon.
The Clerk of Court is respectfully directed to mail this Order, along with Judge Rochon’s
Individual Rules of Practice in Civil Cases and Individual Rules of Practice in Civil Pro Se
Cases, to pro se Plaintiff.
Dated: September 19, 2022
New York, New York
SO ORDERED.

JENNIFER L. ROCHON
United States District Judge

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September 9, 2022
INDIVIDUAL RULES OF PRACTICE IN CIVIL CASES
JENNIFER L. ROCHON
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF NEW YORK

Chambers
United States District Court
Southern District of New York
500 Pearl Street, Room 1920
New York, NY 10007

Courtroom
Courtroom 20B
500 Pearl Street
Aisha Bams, Courtroom Deputy
212-805-0204

Unless otherwise ordered, these Individual Practices shall apply to all civil matters before
Judge Rochon, except for civil pro se cases. If a case is designated by Order of the Court to
be part of one of the Court’s pilot projects or plans (e.g., the Plan for Certain Section 1983
Cases Against the City of New York, the Pilot Project Regarding Case Management
Techniques for Complex Civil Cases, or the Initial Discovery Protocols for Employment
Cases Alleging Adverse Action), the procedures in such project or plan shall govern to the
extent that they are inconsistent with these Individual Practices.
1. Communications with Chambers
A. Letters. Except as otherwise provided below, communications with the Court
shall be by letter. Letters must be filed electronically on the Electronic Case Filing
system (“ECF”). Letters seeking relief (if consistent with the SDNY Local Rules
and the SDNY ECF Rules and Instructions) should be filed on ECF as lettermotions, not as ordinary letters.
Letters may not exceed three pages in length (exclusive of exhibits or attachments)
without prior permission from the Court. Parties should not submit courtesy
copies of letters filed on ECF unless the letter, including exhibits, is longer than 10
pages. 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).
Letters to be filed under seal or containing sensitive or confidential information must
be filed on ECF in conformity with the Court’s Standing Order, 19-MC-00583, and
ECF Rules & Instructions, Section 6.
B. Telephone Calls. Except as provided in Section 1.D below, telephone calls
to Chambers are permitted only in emergency situations requiring immediate
attention. In such situations, call Chambers at [phone].

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C. Faxes. Faxes to Chambers are not permitted.
D. Scheduling and Calendar Matters. For scheduling and calendar matters, call
Aisha Bams, Courtroom Deputy, at [phone]. Technical questions
pertaining to ECF filings should be directed to the ECF Help Desk at
[e-mail] or [phone].
E. Hand Deliveries. Hand-delivered mail should be taken to the Worth Street
entrance of the Daniel Patrick Moynihan United States District Courthouse, 200
Worth Street, New York, NY 10007 and may not be brought directly to
Chambers. Hand deliveries are continuously retrieved by Courthouse mail staff
and then forwarded to Chambers. However, if the hand-delivered material is
urgent and requires the Court’s immediate attention, ask the Court Security
Officers to notify Chambers that an urgent package has arrived that needs to be
retrieved by Chambers staff immediately.
F. Requests for Adjournments or Extensions of Time. All requests for
adjournments or extensions of time must be made in writing and filed on ECF as
letter-motions. (If a request contains sensitive or confidential information, it may
be filed on ECF in conformity with the Court’s Standing Order, 19-MC-00583,
and ECF Rules & Instructions, Section 6). The letter-motion must state: (1) the
original due date, the date or dates sought to be extended, and the new date the
party now seeks through an adjournment or extension; (2) the number of previous
requests for adjournment or extensions of time; (3) whether those 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. If the parties are
requesting an adjournment of a conference, they must also provide three mutually
agreeable alternative conference dates. If the requested adjournment or extension
affects any other scheduled dates, a proposed Revised Civil Case Management
Plan and Scheduling Order must be attached. Absent extraordinary circumstances,
requests for extensions will be denied if not made before the expiration of the
original deadline. If the request is for an adjournment of a court appearance,
absent an emergency, the request shall be made at least two business days prior to
the scheduled appearance.
G. Related Cases. After an action has been accepted as related to a prior filing, all
future court papers and correspondence must contain the docket number of the new
filing, as well as the docket number of the case to which it is related (e.g., 11-CV1234 [rel. 10-CV-4321]).
H. ECF. In accordance with the ECF Rules & Instructions, all attorneys representing
parties are required to register promptly as ECF filers and to enter an appearance in
the case. The pertinent instructions are available on the Court website
(https://nysd.uscourts.gov/rules/ecf-related-instructions). Counsel are responsible

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for updating their contact information on ECF should it change; do not file a lettermotion advising the Court of the change. Counsel are also responsible for
checking the docket sheet regularly, regardless of whether they receive an ECF
notification of case activity. Pursuant to ECF Rule 4.3, counsel “have an
obligation to review the Court’s actual order, decree, or judgment, as available on
ECF, and should not rely on the description of such order, decree or judgment in
the Notice of Electronic Filing (NEF) alone.”
I. Amended or Corrected Filings. Any amended or corrected filing shall be filed
with a redline showing all differences between the original and revised filing. Any
motion to amend a pleading shall similarly be filed with a redline showing all
differences between the operative pleading and the proposed amended pleading.
2. Conferences and Discovery
A. In Person Conferences. Unless the Court orders otherwise, all conferences will
be held in person in Courtroom 20B of the Daniel Patrick Moynihan U.S.
Courthouse, 500 Pearl Street, New York, NY. If counsel jointly wishes to
request that the conference be held remotely (telephonically or video), they shall
file a letter on ECF so requesting.
B. Teleconferences. Unless otherwise ordered by the Court, any proceeding held
by telephone will be on the Court’s conference line. At least 48 hours before a
scheduled teleconference, the parties must file a joint letter to the Court on ECF
containing a list of counsel who may speak during the teleconference and the
telephone numbers from which counsel expect to join the call. Absent
permission of the Court, no more than two attorneys shall speak on behalf of
either party.
C. Attendance by Principal Trial Counsel. The attorney who will serve as
principal trial counsel must appear at all conferences with the Court.
D. Initial Case Management Conference. The Court will generally schedule a
Federal Rule of Civil Procedure 16(c) conference within three months of the filing
of the Complaint. The Notice of Initial Pretrial Conference will be docketed on
ECF; plaintiff’s counsel is directed to notify all counsel of this Order forthwith and
to confirm with the Courtroom Deputy that all counsel will attend the conference
on the designated date and time. At least seven calendar days before the
conference date, the parties must provide, via mail or hand delivery, two courtesy
copies of the pleadings and file on ECF: (1) a proposed Civil Case Management
Plan and Scheduling Order, available on the Court’s website at
(https://nysd.uscourts.gov/hon-jennifer-l-rochon); and (2) a joint letter, not to
exceed three single-spaced pages in length, describing the case, any contemplated
motions, and the prospect for settlement. When filling out the Civil Case Management
Plan and Scheduling Order, download the form into Adobe Acrobat to complete. Do not

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fill out the form in your web browser. At the initial conference, the Court will

schedule a next conference for approximately one month after the close of fact
discovery. This next conference will either serve as a pre-motion conference (in
the event any party intends to move for summary judgment, see Section 3.H
below) or will be used to set a trial date and dates for pretrial submissions.
E. Discovery Disputes. The parties shall follow SDNY Local Civil Rule 37.2 with
the following modifications. 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. The Court enforces this requirement in
both counseled and pro se cases (except where not feasible, as in where the pro se
litigant is incarcerated), and will not consider any discovery dispute where the
moving party has not satisfied the good-faith conference requirement. The moving
party should note that “good-faith conference” does not mean that it has merely
sent its adversary a letter or email, to which the adversary has not yet responded.
The Court expects that, at a minimum, the moving party will have called its
adversary and made efforts to engage in a meaningful dialogue, in an attempt to
resolve any discovery issues. If this meet-and-confer process does not resolve the
dispute, the party must submit a letter-motion to the Court on ECF, no longer than
three pages (excluding exhibits), explaining the nature of the dispute, the legal
standards governing the issue, and case law, if any, supporting the party’s position.
Such a letter must include a representation that the meet-and-confer process
occurred and was unsuccessful. If the opposing party wishes to respond to the
letter, it must inform the Court that a responsive letter is forthcoming and file the
letter within three business days. The same page limits and filing instructions
apply. Reply letters are not permitted.
F. Participation by Junior Attorneys. 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 the attorneys played a substantial role in drafting the
underlying filing or in preparing the relevant witness. The Court is amenable to
permitting more than one attorney to argue for one party if this creates an
opportunity for a junior attorney to participate. All attorneys appearing before the
Court must have authority to bind the party they represent consistent with the
proceedings (for example, by agreeing to a discovery resolution or briefing
schedule).
3. Motions
A. Pre-Motion Conferences in Civil Cases. Pre-motion conferences are not
required, except for motions concerning discovery, which are governed by
Section 2.E above, and for summary judgment motions, which are governed by
Section 3.I below.

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B. Motions to Dismiss. If a motion to dismiss is filed, the plaintiff has a right to
amend its pleading, pursuant to Federal Rule of Civil Procedure 15(a)(1)(B),
within 21 days. If the plaintiff amends its pleading as of right, the Court will
dismiss the original motion to dismiss as moot.
C. Memoranda of Law. The Court encourages and appreciates brevity. 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. All
memoranda of law shall be in 12-point font or larger and be double-spaced.
Memoranda of 10 pages or more shall contain a table of contents and a table of
authorities, neither of which shall count against the page limit. All appendices to
memoranda of law must be tabbed and indexed.
D. Unpublished cases. The parties need not provide copies of unpublished cases if the
case is available on Westlaw.
E. Filing of Motion Papers. Motion papers shall be filed promptly after service.
F. Courtesy Copies. One courtesy copy of all motion papers should be submitted via
mail or hand delivery by the movant at the time the reply is served, not by each
party at the time of filing. All courtesy copies shall be labeled as such and should
be double-sided, three-hole punched, tabbed, and placed in binders. If the parties
have redacted or filed under seal any portion of the motion papers or attendant
exhibits, courtesy copies are to be unredacted, but the portions redacted from
public filings should be highlighted, so that the Court will know to refrain from
quoting those passages in opinions and orders.
G. Oral Argument on Motions. Parties may request oral argument by letter at
the time their moving or opposing or reply papers are filed by placing “ORAL
ARGUMENT REQUESTED” on the cover page of its memorandum of law.
The Court will determine whether argument will be heard and, if so, will
advise counsel of the argument date.
H. Post-Discovery Settlement Conference. In cases to be tried by a jury, within 14
days of the close of fact discovery, the parties must file a joint letter stating
whether all parties consent to mediation or a settlement conference to be held
before the assigned Magistrate Judge. The letter should not identify, explicitly or
implicitly, any party that has declined to so consent.
I. Motions for Summary Judgment.
i. Pre-motion Conference. If a party wishes to move for summary
judgment, it must, within 14 days of the close of fact discovery, request
that the pre-motion / pretrial conference previously scheduled for after the

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close of fact discovery serve as a pre-motion conference. To so request,
the moving party shall file a letter on ECF, not to exceed three pages in
length, setting forth the basis for the anticipated motion, including the
legal standards governing the claims at issue. Other parties shall respond
similarly within one week. The Court will review and discuss with
counsel any anticipated summary judgment motions at the pre-motion /
pretrial conference.
ii. Discouraged in Non-Jury Cases. Summary judgment motions are
discouraged in non-jury cases.
iii. Rule 56.1 Statements. Any party moving for summary judgment shall
provide all other parties with an electronic copy, in Microsoft Word
format, of the moving party’s Statement of Material Facts Pursuant to
Local Rule 56.1 (“Rule 56.1 Statement”). Opposing parties must
reproduce each entry in the moving party’s Rule 56.1 Statement, and set
out the opposing party’s response directly beneath it. If the opposing
party wishes to file their own, additional statements of material fact, it
shall begin numbering each entry where the moving party left off. To
streamline the summary judgment briefing process, the Court strongly
encourages the parties to also negotiate and submit, prior to or along with
the movant’s Rule 56.1 Statement, a joint Rule 56.1 Statement setting out
all facts on which the parties agree. Each factual assertion in all Rule 56.1
Statements must be followed by a citation to the portion(s) of the
evidentiary record relied upon. Each memoranda of law must include a
statement of facts, and may not simply incorporate by reference the
entirety of a party’s Rule 56.1 Statement.
J. Letter-Motions. Letter-motions must be filed on ECF in accordance with the
SDNY Local Rules and the ECF Rules and Instructions. In particular, all requests
for adjournments, extensions, and pre-motion conferences (including pre-motion
conferences with respect to discovery disputes) must be filed as letter-motions.
K. Motions to Exclude Testimony of Experts. Motions to exclude testimony of
experts must be made by the deadline for dispositive motions and should not be
treated as a motion in limine.
L. Decision Pending for More than 60 Days. If a motion is not decided or oral
argument is not scheduled within 60 days of the time that the motion has
become fully briefed, counsel for the movant shall call the Deputy to advise the
Court.
M. Preliminary Injunction Motions. The Court generally follows the procedure for
the conduct of non-jury trials described in Section 5.C below.

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N. Applications for a Temporary Restraining Order. A party must confer with his
or her adversary before making an application for a temporary restraining order
unless the requirements of Federal Rule of Civil Procedure 65(b) are met. As soon
as a party decides to seek a temporary restraining order, that party must file a letter
on ECF (or in person if proceeding ex parte) and state clearly whether (1) it has
notified its adversary, and whether the adversary consents to temporary injunctive
relief; or (2) the requirements of Federal Rule of Civil Procedure 65(b) are satisfied
and no notice is necessary. The moving party must give notice of the time frame
requested for Court action.
The moving party should then file a Motion for a Temporary Restraining Order,
supporting documents, and a proposed order on ECF in accordance with ECF
procedures. Where the motion is made on notice to the other parties, the moving
party should simultaneously serve the documents on any party that will not receive
electronic service via ECF.
If a party’s adversary has been notified but does not consent to temporary injunctive
relief, the party seeking a restraining order must file the application at a time
mutually agreeable to it and the adversary, so that the Court may have the benefit of
advocacy from both sides in deciding whether to grant temporary injunctive relief.
O. Default Judgments. A plaintiff 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 SDNY Local Civil Rule 55.2(b). A plaintiff seeking a default
judgment should not proceed by order to show cause. The motion must be
supported by the following papers:
i. an attorney’s affidavit or declaration setting forth:
(a) the basis for entering a default judgment, including a
description of the method and date of service of the
summons and complaint;
(b) the procedural history beyond service of the summons and complaint,
if any;
(c) whether, if the default is applicable to fewer than all of the
defendants, the Court may appropriately order a default
judgment on the issue of damages prior to resolution of the
entire action;
(d) the proposed damages and the basis for each element of damages,
including interest, attorney’s fees, and costs;

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(e) evidence in support of the proposed damages, including
contemporaneous records and other such documentation; and
(f) legal authority for why an inquest into damages is or is not
unnecessary;
ii. a proposed default judgment;
iii. copies of all the operative pleadings;
iv. a copy of the affidavit of service of the summons and complaint; and
v. if failure to answer is the basis for the default, a Certificate from the
Clerk of Court stating that no answer has been filed.
The plaintiff must serve the motion for default judgment and supporting paperwork
on the party against whom the default judgment is sought and file an affidavit of
service on ECF within 14 days of filing the motion for default judgment. If more
than 14 days are required to complete service of the motion for default judgment and
supporting papers, the plaintiff should file a letter on ECF explaining why additional
time is necessary and when the plaintiff anticipates service will be completed.
The Court will review the motion for default judgment and, if appropriate, issue an
order setting a date and time for a default judgment hearing. If the Court issues such
an order, the plaintiff must then serve on the party against whom default judgment is
sought: (1) the motion for default judgment and supporting papers; and (2) the
Court’s order setting a date and time for the default judgment hearing. The plaintiff
must file on ECF proof of such service on the docket in the manner and by the date
specified in the Court’s order setting the default judgment hearing.
P. Proposed Orders. All proposed orders that parties wish the Court to sign should
be filed in ECF as attachments or exhibits to an appropriate formal application to
the Court seeking the endorsement of such order.
4. Other Pretrial Guidance
A. Cases Removed from State Court. Counsel for the party or parties that
removed the case must follow 28 U.S.C. § 1446(a) and counsel for all parties
must file on ECF a notice of appearance in this Court promptly upon removal.
B. Redactions and Filing Under Seal.
i.

Sealing / Redactions Not Requiring Court Approval. The parties are

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referred to Federal Rule of Civil Procedure 5.2 and the SDNY ECF Privacy
Policy (“Privacy Policy”) and reminded not to include, unless necessary,
the five categories of “sensitive information” in their submissions (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 the
City and State only]). Parties may redact the five categories of “sensitive
information” and the six categories of information requiring caution (i.e.,
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), as
described in the Privacy Policy, without Court approval.
ii.

Sealing / Redaction Requiring Court Approval. Except for redactions
permitted by Section 4.B.i, all redactions require Court approval. To be
approved, redactions must be narrowly tailored to serve whatever purpose
justifies them and otherwise consistent with the presumption in favor of
public access to judicial documents. See, e.g., Lugosch v. Pyramid Co. of
Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). In general, the parties’
consent or the fact that information is subject to a confidentiality agreement
between litigants is not, by itself, a valid basis to overcome the presumption
in favor of public access to judicial documents. See, e.g., In re Gen. Motors
LLC Ignition Switch Litig., Nos. 14-MD-2543 (JMF), 14-MC-2543 (JMF),
2015 WL 4750774, at *4 (S.D.N.Y. Aug. 11, 2015).

iii.

Procedures for Filing Sealed / Redacted Documents. Any party seeking
to file a document under seal or in redacted form shall proceed as follows:
(a) Meet and Confer. The party seeking leave to file sealed or
redacted materials should meet and confer with any opposing
party (or any third party seeking confidential treatment of the
information) in advance to narrow the scope of the request.
When a party seeks leave to file a document under seal or in
redacted form on the ground that an opposing party or third
party has requested it, the filing party shall notify the
opposing party or third party that it must file, within three
days, a letter explaining the need to seal or redact the
document.
(b) Sealed Document(s). Motions or letter-motions for approval
of sealed filings in civil and miscellaneous cases and the
subject documents, including the proposed sealed
document(s), must be filed on ECF in conformity with the
Court’s Standing Order, 19-MC-00583, and Section 6 of the
ECF Rules & Instructions (https://nysd.uscourts.gov/rules/ecf-

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related-instructions).
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 on ECF and may be filed under seal or redacted only to
the extent necessary to safeguard information sought to be
filed under seal.
The proposed sealed document must be contemporaneously
filed under seal on ECF 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.
(c) Redacted Document(s). Motions or letter-motions for
approval to file a document in redacted form must be filed on
ECF in conformity with the Court’s Standing Order, 19-MC00583, and Section 6 of the ECF Rules & Instructions
(https://nysd.uscourts.gov/rules/ecf-related-instructions). The
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 filing party shall: (a) publicly file the document with
the proposed redactions, and (b) file under seal a copy of the
unredacted document with the proposed redactions
highlighted. Both documents must be filed on ECF and
related to the motion.
(d) Submission by Paper. Any party unable to comply with the
requirement for electronic filing under seal on ECF, or who
has reason to believe that a particular document should not be
filed on ECF, must move for leave of the Court to file on
paper.
C. Settlement Agreements. As soon as the parties reach an agreement to settle,
the parties must call Aisha Bams, Courtroom Deputy, at [phone] to alert
the Court. The Court will not retain jurisdiction to enforce confidential
settlement agreements. If the parties wish that the Court retain jurisdiction to
enforce the agreement, the parties must place the terms of their settlement
agreement on the public record. The parties may either provide a copy of the
settlement agreement for the Court to endorse or include the terms of their
settlement agreement in their stipulation of settlement and dismissal. Settling
parties in cases brought under the Fair Labor Standards Act of 1938, 29 U.S.C.

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§ 201 et seq., should also refer to Cheeks v. Freeport Pancake House, Inc., 796
F.3d 199 (2d Cir. 2015).
D. Diversity Jurisdiction Cases. In any action in which subject matter jurisdiction is
founded on diversity of citizenship pursuant to 28 U.S.C. § 1332, the party
asserting the existence of such jurisdiction shall, prior to the Initial Pretrial
Conference, file a letter to the Court on ECF no longer than two pages explaining
the basis for that party’s belief that diversity of citizenship exists. Where any party
is a corporation, the letter shall state both the place of incorporation and the
principal place of business. In cases where any party is a partnership, limited
partnership, limited liability company, or trust, the letter shall state the citizenship
of each of the entity’s members, shareholders, partners, and / or trustees.
E. Bankruptcy Appeals. Briefs must be submitted in accordance with the Federal
Rules of Bankruptcy Procedure unless otherwise ordered by the Court. Counsel
may extend the default deadlines by joint stipulation submitted to the Court no
later than two business days before the brief is due.
5. Trial Procedures
A. Joint Pretrial Order. Unless otherwise specified by the Court, within 30 days
after the close of discovery or if any dispositive motion is filed, within 30 days
from the Court’s decision on such motion, the parties shall file on ECF a proposed
Joint Pretrial Order. The Joint Pretrial Order shall include the information
required by Federal Rule of Civil Procedure 26(a)(3) and the following:
i. The full caption of the action;
ii. The names, law firms, addresses, telephone numbers, and emails of
trial counsel;
iii. A brief statement by plaintiff as to the basis of subject matter jurisdiction,
and a brief statement by each other party as to the presence or absence of
subject matter jurisdiction. Such statements shall include citations to all
statutes relied on and relevant facts as to citizenship and jurisdictional
amount;
iv. A brief summary by each party of the claims and defenses that the party
asserts remain to be tried, including citations to any statutes on which the
party relies. Such summaries shall also identify all claims and defenses
previously asserted which are not to be tried. The summaries should not
recite any evidentiary matter;
v. A statement as to the number of trial days needed and whether the case is
to be tried with or without a jury, without identifying which parties do or

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do not seek a jury trial;
vi. A brief joint statement summarizing the nature of the case (one or two
paragraphs), that may be read to potential jurors during jury selection;
vii. A joint list of people, places, and institutions that are likely to be
mentioned during the course of the trial, to be read to potential jurors
during jury selection;
viii. A statement as to whether or not 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
stipulations or agreed statements of fact in a standalone document
that can be marked and admitted at trial;
x. A list of all trial witnesses, indicating whether such witnesses will testify
in person or by deposition, whether such witnesses will require an
interpreter (and, if so, which party will pay the costs for the interpreter),
and a brief summary of the substance of each witness’s testimony.
Absent leave of Court, a witness listed by both sides shall testify only
once (with defendant permitted to go beyond the scope of the direct on
cross-examination), and counsel should confer with respect to
scheduling;
xi. A designation by each party of deposition testimony to be offered in its case
in chief and any counter-designations and objections by any other party. In
addition to a designation list, the parties shall provide the complete
deposition transcript with color coded highlighting indicating the portions
designated by either party and the objections listed in the margins;
xii. A list by each party of exhibits to be offered in its case in chief, with one
asterisk indicating an exhibit to which a party objects on the grounds of
authenticity and two asterisks indicating an exhibit to which a party
objects to the admissibility of the exhibit. If a party objects to an exhibit,
the objection should be noted by indicating the grounds for the objection,
with citations to the Federal Rule of Evidence and any other authority.
Objections not made will be waived. If any party believes that the Court
should rule on the objection in advance of trial, that party should include a
notation to that effect (e.g., “Advance Ruling Requested”) as well. In
most cases, the Court will rule on relevance and authenticity objections at
the time of trial;
xiii. A statement of the damages claimed and any other relief sought, including
the manner and method used to calculate any claimed damages and a

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breakdown of the elements of such claimed damages; and
xiv. A statement of whether the parties consent to less than a unanimous
verdict.
B. Additional Required Pretrial Submissions in Jury Cases. At the time the joint
pretrial order is filed in a jury case, the parties shall:
i. File and serve motions addressing any evidentiary issues or other matters
which should be resolved in limine. Motions in limine are limited to 25
pages. Opposition papers, no longer than 25 pages, shall be filed within
seven calendar days, and reply papers, no longer than 10 pages, shall be
filed within four calendar days of any opposition;
ii. File and serve a pretrial memorandum of law in cases where a party
believes it would be useful to the Court;
iii. File and serve joint proposed jury instructions, verdict form, and voir dire
questions. These joint submissions shall consist of single documents, jointly
composed, noting any areas of disagreement between the parties. The voir
dire questions and jury instructions shall include both the text of any
requested question or instruction as well as a citation, if available, to the
authority from which it derives. These documents should also be submitted
by email to Chambers in Microsoft Word format;
iv. Submit to the Court and serve on opposing counsel, but do not file on ECF,
all documentary exhibits and demonstratives. All exhibits should be
premarked. The Court shall be provided with a hard copy set of exhibits as
well as an electronic copy of exhibits. With the documentary exhibits, the
parties shall provide the Court with a hard copy and Microsoft Word
document listing all exhibits sought to be admitted. The list shall contain
four columns labeled as follows: (1) “Exhibit No.”; (2) “Description” (of the
exhibit); (3) “Date Identified”; and (4) “Date Admitted.” The parties shall
complete the first two columns, but leave the third and fourth columns blank,
for use by the Court. Counsel shall make certain that they have custody of
all original exhibits. Demonstratives that will not be introduced into
evidence need not be listed, but must be shared with the Court and opposing
counsel. The Court does not retain them and the Clerk is not responsible for
them.
C. Additional Required Pretrial Submissions in Non-Jury Cases. At the time the
joint pretrial order is filed, each party shall:
i. File and serve motions addressing any evidentiary issues or other matters
which should be resolved in limine. Motions in limine are limited to 25

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pages. Opposition papers, no longer than 25 pages, shall be filed within
seven calendar days, and reply papers, no longer than 10 pages, shall be
filed within four calendar days of any opposition;
ii. File and serve a pretrial memorandum of law in cases where a party
believes it would be useful to the Court; opposition to any legal arguments
in a pretrial memorandum shall be filed and served within seven calendar
days.
iii. File and serve proposed findings of fact and conclusions of law. The
proposed findings of fact must be detailed and include citations to the
proffered trial testimony and exhibits. At the time of filing, parties should
also submit copies of these documents to the Court by email both in .pdf
format and as a Microsoft Word document;
iv. Submit to the Court and serve on opposing counsel, but do not file on ECF,
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. The affidavit should be
treated as a direct substitute for the witness’s live testimony; that is, counsel
should be attentive to the Rules of Evidence (e.g., hearsay and the like) and
authenticate any exhibits that will be offered through that witness’s
testimony. Three business days after submission of such affidavits, counsel
for each party shall submit a list of all affiants whom he or she intends to
cross-examine at the trial. Only those witnesses who will be crossexamined need to appear at trial. The original signed affidavits should be
brought to trial to be marked as exhibits;
v. Submit to the Court and serve on opposing counsel, but do not file on ECF,
all deposition excerpts that will be offered as substantive evidence, as well
as a one-page synopsis of those excerpts for each deposition. Each
synopsis shall include page citations to the pertinent pages of the deposition
transcripts; and
vi. Submit to the Court and serve on opposing counsel, but do not file on ECF,
all documentary exhibits. All exhibits should be premarked. The Court shall
be provided with a hard copy set of exhibits as well as an electronic copy of
exhibits. With the documentary exhibits, the parties shall provide the Court
with a hard copy and Microsoft Word document listing all exhibits sought to
be admitted. The list shall contain four columns labeled as follows: (1)
“Exhibit No.”; (2) “Description” (of the exhibit); (3) “Date Identified”; and
(4) “Date Admitted.” The parties shall compete the first two columns, but
leave the third and fourth columns blank, for use by the Court. Counsel shall
make certain that they have custody of all original exhibits. The Court does
not retain them and the Clerk is not responsible for them.

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D. Courtesy Copies. Two courtesy copies of all documents identified in Sections
5.A-C above should be submitted to Chambers via mail or hand delivery on the
date on which they are to be served or filed. Voluminous material may be
organized either in binders or manila file folders, but in any event, the courtesy
copies shall be separately arranged into two independent sets.
6. Policy on the Use of Electronic Devices
A. Mobile Phones and Personal Electronic Devices. Attorneys’ use of electronic
devices (including mobile telephones, personal electronic devices, computers, and
printers) within the Courthouse and its environs is governed by the Court’s
Standing Order M10-468, available at https://nysd.uscourts.gov/forms/standingorder-electronic-devices-general-purpose. If required by the Standing Order,
counsel seeking to bring a device into the Courthouse shall file on ECF a
completed copy of the Electronic Devices General Purpose Form, available at
https://nysd.uscourts.gov/forms/fillable-form-electronic-devices-general-purpose,
at least 24 hours prior to the relevant trial or hearing. 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.
B. Computers, or Other Electronic Equipment. In order for an attorney to bring
into the Courthouse any computer, printer, or other electronic equipment not
qualifying as a “personal electronic device,” specific authorization is required by
prior Court Order. Any party seeking to bring such equipment into the Courthouse
should send a letter to Chambers at least 10 business days before the relevant trial
or hearing requesting permission to use such equipment. The letter shall identify
the type(s) of equipment to be used and the name(s) of the attorney(s) who will be
using the equipment; printers will not be permitted. Chambers will coordinate with
the District Executive’s Office to issue the Order and forward a copy to counsel.
The Order must be shown upon bringing the equipment into the Courthouse.

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September 9, 2022
INDIVIDUAL RULES AND PRACTICES IN CIVIL PRO SE CASES
JENNIFER L. ROCHON
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF NEW YORK

Pro Se Office
United States District Court
Southern District of New York
500 Pearl Street
New York, NY 10007
[phone]
Unless otherwise ordered, these Individual Practices apply to all civil pro se cases. Pro se
parties must also comply with the applicable Federal Rules of Civil Procedure, and the
SDNY Local Rules (available at http://nysd.uscourts.gov/courtrules.php). The Court’s
website also contains useful information regarding the litigation process for parties who are
proceeding pro se. The Court recommends that pro se litigants take advantage of that
resource, which is available at
(https://nysd.uscourts.gov/forms?field_form_category_target_id=22&title=&sort_b%E2%
80%A6).
Parties who are not represented by an attorney and are not currently incarcerated may
choose to receive documents in their cases electronically (by email) instead of by regular
mail. Receiving documents by regular mail is still an option, but if you would rather
receive them only electronically, visit the following link for instructions on how to do so
https://nysd.uscourts.gov/forms/consent-electronic-service-pro-se-cases.
1. Communications with Chambers
A. By a Pro Se Party. All communications with the Court by a pro se party should
be delivered in person or by mail. If delivered in person, the litigant should go to
the Pro Se Intake Unit, United States Courthouse, 40 Foley Square, Room 105,
New York, NY 10007. For delivery by mail, the envelope should be addressed to
the Pro Se Intake Unit, United States Courthouse, 500 Pearl Street, New York,
NY 10007. No documents or court filings may be sent directly to Chambers. Pro
se parties should not call or email Chambers and should communicate directly
with the Pro Se Intake Unit. Unless the Court orders otherwise, all
communications with the Court will be docketed upon receipt; such docketing
shall constitute service on any user of the Electronic Case Filing system (“ECF”).
If any other party is not a user of ECF (e.g., if there is another pro se party in the
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case), a pro se party must send copies of any filing to that party and include an
Affidavit of Service or other statement affirming that it has done so. Copies of
correspondence between a pro se party and opposing parties shall not be sent to
the Court.
B. By Parties Represented by Counsel. Except as otherwise provided below,
communications with the Court by a represented party shall be governed by Judge
Rochon’s Individual Rules and Practices in Civil Cases, available at
https://nysd.uscourts.gov/hon-jennifer-l-rochon.
C. Requests for Adjournments or Extensions of Time. All requests for
adjournments or extensions of time must be made in writing to the Pro Se Intake
Unit, 500 Pearl Street New York, NY 10007 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. If the requested adjournment or extension
affects any other scheduled dates, a represented party must submit a proposed
Revised Scheduling Order in accordance with Judge Rochon’s Individual Rules
and Practices in Civil Cases. A pro se party may, but is not required to, submit a
proposed Revised Scheduling Order. Requests for extensions of deadlines
regarding a matter that has been referred to a Magistrate Judge shall be directed to
that assigned Magistrate Judge. Absent an emergency, any request for an
extension or adjournment shall be made at least 48 hours prior to the deadline or
scheduled appearance.
2. Filing of Papers and Service
A. Papers Filed by a Pro Se Party. All papers to be filed with the Court by a pro se
party, along with one courtesy copy of those papers, shall be delivered in person
or by mail to the Pro Se Intake Unit, 500 Pearl Street, New York, NY 10007.
Any pro se party that wishes to participate in electronic case filing (“e-filing”) on
ECF must file a Motion for Permission for Electronic Case Filing (available at
https://nysd.uscourts.gov/forms/motion-permission-electronic-case-filing-pro-secases and in the Pro Se Intake Unit). If the Court grants a motion to participate in
“e-filing,” that party will not receive hardcopies of any document filed
electronically via ECF.
B. Service on a Pro Se Party. Counsel in pro se cases must serve a pro se party
with a paper copy of any document that is filed electronically and must file with
the Court a separate Affidavit of Service. Submissions filed without proof of
service that the pro se party was served will not be considered.

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3. Discovery
All requests for discovery by a pro se party should be sent to counsel for the party from
whom discovery is sought. Discovery requests should not be sent to the Court.
If there are any discovery disputes, the parties are required to confer with one another in an
effort to resolve the dispute without the need for Court intervention. If the parties are unable
to resolve their dispute, either party may file a letter-motion, no longer than three pages and
in accordance with Section 1 above, explaining the nature of the dispute and requesting an
informal conference. If the opposing party wishes to respond to the letter, it must file a
responsive letter within five business days, not to exceed three pages.
4. Motions
A. Filing and Service. Unless otherwise ordered by the Court, opposing papers
must be served and filed within four weeks of service of the motion papers, and
reply papers, if any, must be served and filed within two weeks of receipt of
opposition papers.
B. Courtesy Copy. One courtesy hard copy of all formal motion papers, marked as
such, should be submitted to Chambers by the non-pro se party at the time the
reply is due. Courtesy copies should not be submitted to Chambers at the time of
filing. If all the parties are pro se, then no courtesy copies of formal motion
papers are required.
C. Pre-Motion Submissions. Pre-motion submissions are not required from pro se
parties for any motions.
D. Oral Argument. Unless otherwise ordered by the Court, argument will not be
heard in pro se matters.
E. Pro Se Notices. Parties who file a motion to dismiss, a motion for judgment on
the pleadings, or a motion for summary judgment must provide the pro se party
with a copy of the notices required under SDNY Local Civil Rules 12.1 or 56.2.
5. Trial Documents
A. Pretrial Statement. Within 30 days of the completion of discovery unless
otherwise ordered by the Court, a pro se plaintiff shall file a concise, written
Pretrial Statement. This Statement need take no particular form, but it must
contain the following: 1) a statement of the facts plaintiff hopes to prove at trial;
2) a list of all documents or other physical objects that the plaintiff plans to put
into evidence at trial; and 3) a list of the names and addresses of all witnesses
plaintiff intends to have testify at trial. The Statement must be sworn by the
plaintiff to be true and accurate based on the facts known by the plaintiff. The
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pro se plaintiff shall file an original, plus one courtesy copy, of this Statement
with the Pro Se Intake Unit and serve a copy on all defendants or their counsel if
they are represented. The original Statement must include a certificate stating the
date a copy was mailed to the attorney for the defendant. Two weeks after service
of plaintiff's Statement, the defendant must file and serve a similar Statement of
its case containing the same information.
B. Other Pretrial Filings. If the case is to be tried before only a Judge without a
jury, any parties represented by counsel must also file proposed findings of fact
and conclusions of law at the time of filing the Pretrial Statement. If the case is to
be tried before a jury, any parties represented by counsel must also file proposed
voir dire questions, a proposed jury charge, and a proposed verdict form at the
time of filing the Pretrial Statement. At the time of filing, a represented party
should email these documents to the Court in both .pdf and Microsoft Word
formats. The pro se party may file such documents, but is not required to do so
and need not submit them by email.

4