Garcia v. Thomas et al

Filing 12

ORDER REGARDING GENERAL PRETRIAL MANAGEMENT: The above-referenced action has been referred to Magistrate Judge Barbara Moses for general pretrial management, including scheduling, discovery, non-dispositive pretrial motions, and settlement, and fo r report and recommendation on dispositive motions, if any, pursuant to 28 U.S.C. § 636(b)(1)(A) and (B). All court conferences and hearings will be conducted by teleconference. Please treat the teleconference as you would treat a public cour t appearance. If a conference or hearing in another matter is ongoing, please be silent (mute your line) until your case is called. (As further set forth in this Order.) The Clerk of Court is respectfully directed to mail a copy of this Order to the plaintiff. (Signed by Magistrate Judge Barbara C. Moses on 4/1/2021) (cf) Transmission to Docket Assistant Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

4/1/21

DANIEL GARCIA,
Plaintiff,

21-CV-636 (GBD) (BCM)

-againstORDER REGARDING GENERAL
PRETRIAL MANAGEMENT

THOMAS, et al.
Defendants.

BARBARA MOSES, United States Magistrate Judge.
The above-referenced action has been referred to Magistrate Judge Barbara Moses for
general pretrial management, including scheduling, discovery, non-dispositive pretrial motions,
and settlement, and for report and recommendation on dispositive motions, if any, pursuant to 28
U.S.C. § 636(b)(1)(A) and (B). All pretrial motions and applications, including those related to
scheduling and discovery, must be made to Judge Moses and in compliance with this Court's
Individual Practices in Civil Cases and Emergency Individual Practices in Civil Cases, attached
to this order and available on the Court's website at https://nysd.uscourts.gov/hon-barbara-moses.
Parties and counsel are cautioned:
1.

Once a discovery schedule has been issued, all discovery must be initiated in time

to be concluded by the close of discovery set by the Court.
2.

Discovery

applications,

including

letter-motions

requesting

discovery

conferences, must be made promptly after the need for such an application arises and must
comply with Local Civil Rule 37.2 and § 2(b) of Judge Moses's Individual Practices. It is the
Court's practice to decide discovery disputes at the Rule 37.2 conference, based on the parties'
letters, unless a party requests or the Court requires more formal briefing. Absent extraordinary
circumstances, discovery applications made later than 30 days prior to the close of discovery
may be denied as untimely.
3.

For motions other than discovery motions, pre-motion conferences are not

required, but may be requested where counsel believe that an informal conference with the Court
may obviate the need for a motion or narrow the issues.
4.

Requests to adjourn a court conference or other court proceeding (including a

telephonic court conference) or to extend a deadline must be made in writing and in compliance
with § 2(a) of Judge Moses's Individual Practices. Telephone requests for adjournments or
extensions will not be entertained.
5.

In accordance with § 1(d) of Judge Moses's Individual Practices, letters and letter-

motions are limited to four pages, exclusive of attachments. Courtesy copies of letters and lettermotions filed via ECF are not required during the pendency of the COVID-19 national
emergency.
6.

Plaintiff is hereby notified that, until further notice, pro se parties may file

pleadings, letters, and other documents with the Court by using any of the following methods:
a. Drop off the document in the drop box located in the lobby of the U.S.
Courthouse at 500 Pearl Street, New York, NY, 10007.
b.

Mail the documents to the Pro Se Intake Unit in Room 105 in the Thurgood
Marshall Courthouse, 40 Foley Square, New York, NY 10007.

c.

Email the documents to [e-mail].
Instructions for filing documents by email may be found on the Court's
website at nysd.uscourts.gov/forms/instructions-filing-documents-email.

The Pro Se Intake Unit (telephone [phone]) may be of assistance to pro se litigants
in connection with court procedures.

2

PLEASE BE AWARE THAT, FOR THE DURATION OF THE COVID-19
NATIONAL EMERGENCY, UNLESS OTHERWISE ORDERED BY THE
COURT:
Conferences and Hearings. All court conferences and hearings will be conducted
by teleconference. Please treat the teleconference as you would treat a public
court appearance. If a conference or hearing in another matter is ongoing,
please be silent (mute your line) until your case is called.
Remote Depositions. Pursuant to Fed. R. Civ. P. 30(b)(3) and (b)(4), all
depositions in this action may be taken via telephone, videoconference, or other
remote means, and may be recorded by any reliable audio or audiovisual means.
This Order does not dispense with the requirements set forth in Fed. R. Civ. P.
30(b)(5), including the requirement that, unless the parties stipulate otherwise,
the deposition be "conducted before an officer appointed or designated under
Rule 28," and that the deponent be placed under oath by that officer. For
avoidance of doubt, a deposition will be deemed to have been conducted
"before" an officer so long as that officer attends the deposition via the same
remote means (e.g., telephone conference call or video conference) used to
connect all other remote participants, and so long as all participants (including
the officer) can clearly hear and be heard by all other participants.

The Clerk of Court is respectfully directed to mail a copy of this Order to the plaintiff.
Dated: New York, New York
April 1, 2021

SO ORDERED.

________________________________
BARBARA MOSES
United States Magistrate Judge

3

February 3, 2020
INDIVIDUAL PRACTICES OF
MAGISTRATE JUDGE BARBARA MOSES
Chambers
Daniel Patrick Moynihan Courthouse
500 Pearl Street, Room 740
New York, NY 10007
Telephone: [phone]

Courtroom
Daniel Patrick Moynihan Courthouse
500 Pearl Street, Courtroom 20A
Courtroom Deputy: Kevin Snell

Civil cases come before magistrate judges in two ways: (i) for one or more specific
purposes, pursuant to an order of reference by the assigned district judge, or (ii) for all purposes,
on consent of the parties, pursuant to 28 U.S.C. § 636(c). When a district judge approves an allpurposes consent form signed by counsel, the magistrate judge assumes the role of the district
judge. The right to a jury trial is preserved and any appeal is directly to the Court of Appeals.
It is the uniform practice of the magistrate judges in the Southern District of New York
to schedule civil trials for firm dates, rather than using a trailing trial calendar or requiring
counsel to be available for trial on short notice. Additionally, because magistrate judges rarely
try criminal cases, such firm trial dates are unlikely to be changed to accommodate criminal
trials. Should the parties wish to have Judge Moses hear their case for all purposes, the necessary
form is available at: http://nysd.uscourts.gov/judge/Moses.
Unless otherwise ordered by Judge Moses, the following practices are applicable to all
civil matters conducted before her:
1.

Communications with Chambers
a.

Letters. Except as otherwise provided below, communications with the Court
should be by letter.

b.

Letter-Motions. Letter-motions, as permitted by Local Civil Rule 7.1(d) and §
13.1 of the Electronic Case Filing Rules & Instructions, should be filed via ECF
using the “letter-motion” option, listed under “motion.” In particular, parties
should file as letter-motions all requests for pre-motion conferences,
adjournments, extensions, excess pages, oral argument, and settlement
conferences. Requests for other types of non-dispositive relief listed in § 13.1
may also be made by letter-motion.

c.

Letters that are informational in nature and do not request relief (for example,
status updates) should be filed on ECF, when requested by the Court, using the
“letter” option, listed under “other documents.”

d.

Page Limits; Courtesy Copies; Service. Absent advance permission from the
Court, letters and letter-motions may not exceed four pages in length, exclusive

of attachments, which should be kept to a minimum. Please do not try to cheat
the page limit by splitting a request for relief into two separate four-page letters.
If a letter or letter-motion includes attachments (regardless of number or length),
a courtesy copy marked as such must be delivered to chambers by mail, overnight
courier, or hand delivery. The courtesy copy should bear the ECF header
generated at the time of electronic filing and include protruding tabs for the
attachments. In pro se cases, letters and letter-motions filed via ECF must also
be served on the pro se party. Counsel shall indicate the mode of service in the
letter to the Court and shall also file a proof of service via ECF.
e.

f.

Hand Delivery. Hand deliveries should be left with a Court Security Officer at
the Worth Street entrance of the Daniel Patrick Moynihan Courthouse. If the
matter requires the Court’s immediate attention, ask the Court Security Officer
to notify chambers that an urgent delivery has arrived.

g.

Letters or Emails between Parties. Copies of correspondence between the
parties or their counsel shall not be sent to chambers or filed on ECF except as
exhibits to otherwise properly-filed documents.

h.

2.

Ex Parte Settlement Letters. Ex parte settlement letters should be emailed to
the Court's chambers email address. The parties may contact chambers by
telephone to request that email address.

Telephone Calls. For scheduling and calendar matters, or to request permission
to submit letters by fax or email, counsel may call chambers at 212-805-0228.
Otherwise, telephone calls are permitted only for urgent matters requiring
immediate attention.

Motions
a.

Requests for Adjournments or Extensions. Requests to adjourn a court
conference or other court proceeding (including a telephonic court conference)
or to extend a deadline must be made by letter-motion, after consultation with all
affected parties, and must state: (1) the original date of the conference or
proceeding; (2) the number of previous requests for adjournment or extension;
(3) whether those requests were granted or denied; (4) the reason for the present
request; (5) whether all affected parties consent; and (6) if not, the reasons given
for refusing. If the requested adjournment or extension affects any other
scheduled dates, a proposed Revised Scheduling Order must be attached.
All requests for extension of a deadline must be made in advance of the deadline
to be extended. Absent unforeseeable emergencies, all requests for adjournment
of a court conference or other court proceeding (including a telephonic court
conference), must be made at least four days in advance of the proceeding to be
adjourned, and must include at least two proposed dates, on which all counsel
are available, for the adjourned proceeding.

2

b.

Discovery Motions. No discovery dispute will be heard unless the moving party
(including a non-party seeking relief from a subpoena) has first conferred in good
faith with the adverse party or parties, in person or by telephone, in an attempt to
resolve the dispute. An exchange of letters or email alone does not satisfy this
requirement. Counsel must respond promptly and in good faith to a request from
another party to meet and confer in accordance with this paragraph.
If the parties have met and conferred but cannot resolve their dispute, the moving
party must request a pre-motion discovery conference with the Court, by lettermotion, as required by Local Civil Rule 37.2. The letter-motion must succinctly
set forth the basis of the dispute and the relief sought, certify that the required inperson or telephonic conference took place in accordance with this paragraph, and
state: (1) the date, time, and duration of the parties’ conference; (2) the names of
the counsel who participated; and (3) the position of any relevant adverse party
as to each contested issue. None of these requirements may be satisfied by
attaching copies of correspondence between counsel. In addition, the lettermotion must quote or set forth verbatim each discovery request and response in
contention in accordance with Local Civil Rules 37.1 and 5.1. This requirement
may be satisfied by attaching the relevant request(s) and response(s) to the lettermotion.

c.

Summary Judgment Motions. Strict compliance with Fed. R. Civ. P. 56(c) and
Local Rule 56.1 is required. The moving party 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 Civil Rule 56.1. An opposing party shall
reproduce each paragraph of the moving party’s Statement of Material Facts, with
the opposing party’s response directly beneath. As required by Local Civil Rule
56.1(d), each statement of undisputed material fact and response thereto shall be
followed by a citation to the specific evidentiary material that supports the
statement or response, e.g., “Smith Deposition Tr. 3:15-4:20,” or “Jones Interrog.
Resp. No. 18.” General references to a “transcript,” “interrogatory responses,” or
the like are inadequate. Similarly, the parties are to append to their motion papers
the specific evidentiary material upon which they rely and no more. If a party
wishes to submit entire deposition transcripts, that party must (i) highlight the
portions cited in their Statement of Material Facts or response, and (ii) tab the
relevant pages in the courtesy copies submitted pursuant to § 2(g) below.

d.

Pre-Motion Conferences. For motions other than discovery motions, premotion conferences are not required, but may be requested by letter-motion
where counsel believe that an informal conference with the Court may obviate
the need for the motion or reduce the issues in dispute.

e.

Briefing Schedule on Letter-Motions. Unless the Court has ordered otherwise
or the parties have agreed to a different briefing schedule, any opposition to a
letter-motion shall be filed within three court days of the moving letter, and any
reply shall be filed within two court days of the opposition. If the parties have
agreed to a different briefing schedule, they must so inform the Court, either in
3

the moving letter or as soon as agreement is reached. If the letter-motion requests
emergent or expedited relief, opposing counsel are advised to file any opposition
as promptly as possible.
f.

g.

Courtesy Copies. Courtesy copies of all formal motion papers, marked as such,
must be delivered to chambers promptly after filing. Courtesy copies should bear
the ECF header generated at the time of electronic filing and include protruding
tabs for any exhibits. Bulky materials should be neatly bound, or placed in 3-ring
binders, with appropriate dividers.

h.

Memoranda of Law. Unless advance permission has been granted, principal
memoranda of law are limited to 25 pages, and reply memoranda are limited to
10 pages. Memoranda exceeding 10 pages must include a table of contents and
a table of authorities, neither of which shall count against the page limit. The
Court expects parties to adhere strictly to the typeface, margin and spacing
requirements of Local Civil Rule 11.1(b).

i.

3.

Briefing Schedule on Formal Motions. Unless the Court has ordered otherwise
or the parties have agreed to a different briefing schedule, opposition and reply
papers with respect to formal motions will be due in accordance with Local Civil
Rule 6.1. The parties are strongly encouraged to agree on a reasonable briefing
schedule before the moving papers are filed. If the parties have agreed to such a
schedule, they must so inform the Court, either in the moving party’s notice of
motion or by letter as soon as agreement is reached. Should the parties thereafter
agree to modify their briefing schedule, they must promptly inform the Court of
the new schedule by letter.

Oral Argument on Motions. Parties may request oral argument at the time their
motion papers are filed. The Court will determine whether to hear argument and
will advise the parties of the argument date and time.

Requests to File Materials under Seal. Filing under seal requires permission of the
Court, which may be sought via letter-motion. Letter-motions for approval of sealed or
redacted filings in civil and miscellaneous cases and the document(s) as to which sealing
is requested must be filed electronically through the Court’s ECF system in conformity
with the Court’s standing order, No. 19-mc-00583, and ECF Rules & Instructions,
section 6.
The letter-motion must be filed in public view, must explain the particular reasons for
seeking to file that information under seal, and should not include any of the 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.
The document(s) as to which sealing is requested must be contemporaneously filed
under seal in the ECF system and electronically related to the letter-motion. The

4

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.
Where the letter-motion seeks approval to redact information from a document that is
otherwise to be publicly filed, the filing party shall: (a) publicly file the document in the
proposed redacted form, 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.
To be approved, any sealing or redaction of a court filing must be narrowly tailored to
serve whatever purpose justifies the sealing or redaction and must be otherwise
consistent with the presumption in favor of public access to judicial documents described
in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). The
parties are cautioned that the designation of documents as “confidential” for discovery
purposes does not, without more, justify a sealing or redaction order. If a sealing or
redaction request is based on another party’s designation of documents or information
as “confidential,” or if any party opposes the sealing or redaction request, that other party
shall respond to the requesting party’s letter-motion via ECF on the schedule set forth
above in § 2(e).
The party seeking leave to file sealed or redacted materials should meet and confer with
any opposing parties (or third parties seeking confidential treatment of the information)
in advance to narrow the scope of the request. When a party seeks leave to file sealed or
redacted materials on the ground that an opposing party or third party has requested it,
that party shall notify the opposing party or third party that it must file, within three court
days, a letter explaining the need to seal or redact the materials.
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, even under seal, must move for leave of the Court to submit the
documents for sealing in the traditional manner, on paper.
Notwithstanding the foregoing, no leave is required to redact all but the last four digits
of an individual's social-security number or taxpayer-identification number, the day and
month of an individual's birth, the name of an individual known to be a minor, or all but
the last four digits of a financial-account number, consistent with Fed. R. Civ. P. 5.2.
4.

Pretrial Procedures
a.

Applicability. The procedures set out below apply only to cases in which the
parties have consented pursuant to 28 U.S.C. § 636(c) to have all proceedings
before Judge Moses, including trial.

b.

Joint Pretrial Order. Unless the Court has ordered otherwise, the parties shall
submit to the Court for its approval a Joint Pretrial Order within 30 days after the
date for the completion of discovery, or, if a summary judgment motion has been
filed, within 30 days after the decision on the motion. The proposed Joint Pretrial
Order shall be signed by all parties and include the following:
5

i.

The full caption of the action.

ii.

The names and addresses of trial counsel, together with their office and
cellular telephone numbers, fax numbers, and email addresses.

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, including 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 party has
asserted which remain to be tried, including citations to all statutes relied
on but without recital of evidentiary matter.

v.

With respect to each claim remaining to be tried, a brief statement listing
each element or category of damages sought with respect to that claim
and a calculation of the amount of damages sought with respect to such
element or category.

vi.

A statement by each party as to whether the case is to be tried with or
without a jury, and the estimated number of trial days needed.

vii.

All stipulations or agreed statements of fact or law.

viii.

A list by each party of the witnesses whose testimony is to be offered in
that party’s case in chief, indicating whether each witness will testify in
person, via affidavit (in bench trials), or by deposition, and briefly stating
the topic(s) on which the witness will testify. Absent extraordinary
circumstances a party may not call as a witness in its case in chief any
person not listed in the Joint Pretrial Order.

ix.

A designation by each party of deposition testimony to be offered in that
party’s case in chief, together with any cross-designations or objections
by any other party. For each designation as to which there is an objection,
the party objecting must briefly specify the nature of the objection (e.g.,
“hearsay,” “Rule 403”). Any cross-designation or objection not made will
be deemed waived. Absent extraordinary circumstances a party may not
offer in its case in chief any deposition testimony not listed in the Joint
Pretrial Order.

x.

A list by each party of exhibits to be offered in its case in chief. Each
exhibit shall be pre-marked (plaintiff to use numbers, defendant to use
letters). For each exhibit as to which there is an objection, the party
objecting must briefly specify the nature of the objection (e.g., “hearsay,”
“Rule 403”). Any objection not listed shall be deemed waived. Absent
extraordinary circumstances, a party may not offer in its case in chief any
exhibit not listed in the Joint Pretrial Order.
6

c.

Filings Prior to Trial. Unless otherwise ordered by the Court, each party shall
file, 15 days before the date of commencement of trial (or 30 days after the filing
of the final pretrial order if no trial date has been fixed):
i.
ii.

In nonjury cases: a statement of the elements of each claim or defense
involving such party, together with a summary of the facts that will be
relied upon to establish each element. If the parties believe it would be
useful they may also file pretrial memoranda, limited to 25 pages.

iii.
d.

In jury cases: proposed voir dire questions, requests to charge, and a
proposed verdict sheet.

In all cases: motions addressing any evidentiary or other issues which
should be resolved in limine.

Marking Exhibits for Trial. Three court days before the date set for the final
pretrial conference, each party must provide each other party, and the Court, with
a tabbed binder or binders containing copies of its trial exhibits and deposition
designations.

7

5.

Pro Se Parties
a.

All letters, motions, memoranda, and other communications to the Court from
pro se parties that are not filed electronically (see below) must be submitted to
the Pro Se Intake Unit, not directly to chambers.

b.

Non-incarcerated pro se parties who have an email address and wish to receive
case-related documents (including court orders) quickly, automatically, and
electronically, may consent to electronic service by filing a Pro Se (Nonprisoner)
Consent & Registration Form to Receive Documents Electronically, available
from the Pro Se Intake Unit or at:
http://nysd.uscourts.gov/forms.php.

c.

Non-incarcerated pro se parties who have an email address and wish to receive,
serve, and file case-related documents electronically may request permission to
do so by filing a Motion for Permission for Electronic Case Filing, available from
the Pro Se Intake Unit or at: http://nysd.uscourts.gov/forms.php.

d.

Each pro se party must provide the Court and opposing parties with his or her
address, telephone number, and email address, and must promptly update the
Court and opposing parties if that information changes, using the Notice of
Change of Address form, available from the Pro Se Intake Unit or at:
http://nysd.uscourts.gov/forms.php.

e.

There is a free legal clinic, called the NYLAG Legal Clinic for Pro Se Litigants,
that assists litigants with federal civil cases including cases involving civil rights,
employment discrimination, labor law, social security benefits, foreclosure and
tax. The clinic is located in the Thurgood Marshall United States Courthouse,
40 Foley Square, New York, NY 10007, but it is not part of or run by the Court.
To make an appointment for a consultation, a pro se party may call (212) 6596190 or stop by the clinic during office hours (generally from 10:00 a.m. to 4:00
p.m. Monday-Friday, except for federal and court holidays). Please note that a
government-issued photo ID is required to enter the building.

April 6, 2020
EMERGENCY INDIVIDUAL PRACTICES OF
MAGISTRATE JUDGE BARBARA MOSES IN CIVIL CASES
Chambers
Telephone: [phone]
Email: [e-mail]
Dedicated AT&T Conference Line: 888-557-8511
Access Code: 7746387
Unless otherwise ordered by the Court, these Emergency Individual Practices (the
Emergency Practices) apply to all civil matters before Judge Moses for the duration of the
COVID-19 national health emergency, and supplement Judge Moses's standard Individual
Practices, last revised February 3, 2020. If there is a conflict between the Emergency Rules and
Judge Moses's standard Individual Practices, the Emergency Rules control.
1.

Communications with Chambers
a.

Letters. To the extent possible, communications with the Court should be by
letter, filed on ECF. Letters filed on ECF will be received and reviewed by Judge
Moses and/or her staff more quickly than other methods of communication.

b.

Chambers Email. Ex parte settlement letters should be emailed to the Court's
chambers email address, listed above. Counseled parties may submit other
documents to the Court's chambers email address (with service upon all relevant
parties) only if counsel is wholly unable to file the document on ECF. Counsel
are reminded that letter-motions for approval of sealed or redacted filings in civil
and miscellaneous cases – and the document(s) as to which sealing is requested
– may and should be filed electronically through the Court’s ECF system in
conformity with the Court’s standing order, No. 19-mc-00583, and the Southern
District of New York ECF Rules & Instructions, § 6. Pro se parties may submit
documents via email by following the instructions in § 3 below.

c.

Mail. In the event that a party or counsel is unable to submit a document
electronically – either by ECF or email – the document may be mailed to the
Court. However, this means of delivery should be avoided to the extent
practicable, as delivery and processing of mail to the Court is likely to be
delayed.

d.

Hand Deliveries. Hand deliveries to Chambers are not permitted absent advance
permission from the Court. For the duration of the emergency, no courtesy copies
are required or will be accepted.

e.

Telephone Calls. Calls to chambers will not be answered, but callers may leave
voicemail messages, which will be received and reviewed by Judge Moses's

courtroom deputy and forwarded to the appropriate member(s) of chambers staff.
If leaving a voicemail, please clearly (i) state and spell your name; (ii) leave a
call-back number; (iii) briefly describe the subject of the call; and, if calling
regarding a case (iv) state the name and docket number of the case; and (v)
whether you are a party, an attorney for a party, or a non-party. Callers are
cautioned that there may be delays in responding to telephone messages. No
applications for relief, substantive or procedural, may be made by telephone. All
such applications must be made in writing.
2.

Conferences and Hearings
a.

AT&T Teleconferencing. Unless otherwise ordered by the Court, all
conferences, hearings, and proceedings in civil cases will be held by telephone,
using the teleconferencing number and access code above, and will be recorded.
If the parties require that a live court reporter be on the teleconference, they must
so request in advance. Please treat the teleconference line as you would treat
the courtroom: if another proceeding is ongoing when you dial in, please be
silent (mute your line) until your case is called.

b.

Teleconferencing Protocol. When on a teleconference with the Court, please
follow these guidelines in order to avoid confusion and create a clear record:
i.

ii.

Identify yourself each time you speak, and spell proper names.

iii.

Be mindful that, unlike in a courtroom setting, interrupting can render
both speakers unintelligible.

iv.

Mute your line when not speaking to eliminate background noise.
Otherwise, we will all listen to the dog barking, the kids playing, sirens
passing, papers shuffling, emails pinging, etc.

v.

If you expect a court reporter to be on the line, ask the judge to confirm
that the reporter is present and can hear all participants.

vi.

c.

Use a landline whenever possible, and speak via a handset or headset, not
speakerphone. Avoid voice-activated systems. They don’t allow the
speaker to know when someone else is trying to speak, and they cut off
the beginning of words.

If you hear beeps or musical chimes, that means someone has either
joined or left the conference. Ask the judge to clarify that the court
reporter has not lost the line.
Settlement Conferences. Unless otherwise ordered by the Court, settlement
conferences will also be held by teleconference. When the parties complete their
pre-conference submissions, they will be provided a security code (in addition to
the access code above) to ensure that the settlement conference remains
confidential. During the conference, the Court will be able to caucus separately
2

with each side and their counsel. If the parties wish to conduct their settlement
conference via videoconference, they must seek Court permission in advance,
identify the teleconferencing facility they propose, and be prepared to satisfy the
Court's staff that the facility is suitable for the purpose.
3.

Pro Se Parties
a.

Filing by Mail or Email. During the COVID-19 public health emergency, pro
se litigants who do not have permission to file case-related documents
electronically through the Court's Electronic Case Filing (ECF) system (see
§ 3(c) below) may either mail their paper documents to the Pro Se Intake Unit,
500 Pearl Street, Room 200, New York, NY 10007, or submit them via email to
the following address: [e-mail]. If a
pro se party wishes to submit a filing by email, he or she must follow these
procedures:
i.
ii.

The PDF filing must be signed by the filing party by either (a) signing
by hand and then scanning the document; (b) signing electronically using
a digital signature; or (c) by typing "s/Filer's Name."

iii.

Emails attaching PDF documents for filing must be sent to the email
address [e-mail].

iv.

Both the email and the attached documents submitted for filing must
contain the filer's name, address, and telephone number, where
available.

v.

The subject line of the email must read: "PRO SE FILING – [Case
Number]."

vi.

This email address is solely for submitting attached PDF documents for
filing. Only the attachment(s) submitted as PDF documents will be
filed; any additional correspondence, comments, questions, or other
messages in the email will be disregarded.

vii.
b.

Documents to be filed must be submitted as PDF documents, not
exceeding a size of 10 megabytes, and must be attached to the email.

A document submitted for filing by email does not have to be delivered
to the court in hard copy form.

Consent to Electronic Service. Pro se parties are also encouraged to consent to
electronic service of Court filings. Pro se parties who have an email address and
wish to receive case-related documents (including court orders) quickly,
automatically, and electronically, may consent to electronic service by filing a
Pro Se (Nonprisoner) Consent & Registration Form to Receive Documents
Electronically, available from the Pro Se Intake Unit or at:
http://nysd.uscourts.gov/forms.php.
3

c.

Electronic Case Filing (ECF). Pro se parties who have an email address and
wish to receive, serve, and file case-related documents electronically through the
Court's ECF system may request permission to do so by filing a Motion for
Permission for Electronic Case Filing, available from the Pro Se Intake Unit or
at: http://nysd.uscourts.gov/forms.php.

d.

Questions. Any questions should be directed to the Pro Se Intake Unit at (212)
805-0175.

e.

Pro Se Legal Clinic. The NYLAG Legal Clinic for Pro Se Litigants, which
assists pro se litigants with federal civil cases, is operating via telephone
appointments only. A pro se party requesting an appointment should call (212)
659-6190 and follow the instructions provided.

4