Civil Case Management Plan and Scheduling Order; Individual Rules and Practices in Civil Pro Se Cases; Individual Rules and Procedures for Civil Cases; Individual Rules of Practice in Criminal Cases; Patent Case Management Plan and Scheduling Order

=== Civil Case Management Plan and Scheduling Order ===

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ----------------------------------------------------------------------- X : : : : : : : : : X ---------------------------------------------------------------------- Defendant(s). Plaintiff(s), -v- __ Civ. _____ (LGS) CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER LORNA G. SCHOFIELD, United States District Judge: This Civil Case Management Plan is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). 1. 2. 3. All parties [consent ______ / do not consent ______] to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. § 636(c). The parties are free to withhold consent without adverse substantive consequences. [If all parties consent, the remaining paragraphs need not be completed.] The parties [have ______ / have not ______] conferred pursuant to Fed. R. Civ. P. 26(f). This case is governed by one of the following sets of rules, and the parties’ proposed dates in this order have been adjusted accordingly. a. b. c. d. An employment case governed by the Initial Discovery Protocols for Employment cases? https://nysd.uscourts.gov/hon-lorna-g-schofield. [Yes ______ / No ______] A case governed by Local Civil Rule 83.10, Plan for Certain § 1983 Cases Against the City of New York? https://nysd.uscourts.gov/rules. [Yes ______ / No ______] A patent case subject to the Local Patent Rules and the Court’s Individual Rules? https://nysd.uscourts.gov/rules and https://nysd.uscourts.gov/hon-lorna-g- schofield [Yes ______ / No ______] A wage and hour case governed by Initial Discovery Protocols for Fair Labor Standards Act? https://nysd.uscourts.gov/hon-lorna-g-schofield. [Yes ______/ No________] Revised January 21, 2025 4. Alternative Dispute Resolution/Settlement a. b. c. d. Settlement discussions [have ______ / have not ______] taken place. Counsel for the parties have discussed an informal exchange of information in aid of early settlement and have agreed to exchange the following: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ Counsel for the parties have discussed the use of the following alternate dispute resolution mechanisms for use in this case: (i) a settlement conference before a Magistrate Judge; (ii) participation in the District’s Mediation Program; and (iii) retention of a private mediator. Counsel for the parties propose the following alternate dispute resolution mechanism for this case: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ Counsel for the parties recommend that the alternate dispute resolution mechanism designated in paragraph 4(c) be employed at the following point in the case (e.g., within the next 60 days; after the deposition of plaintiff is completed (specify date); after the close of fact discovery): __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ e. The use of any alternative dispute resolution mechanism does not stay or modify any date in this Order. No additional parties may be joined after __________ without leave of Court. Amended pleadings may be filed without leave of Court until ______________. Initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) shall be completed no later than __________ days from the date of this Order. [Within 14 days of the parties’ Rule 26(f) conference, absent exceptional circumstances.] 5. 6. 7. 8. Fact Discovery a. b. All fact discovery shall be completed no later than ______________________. [A period not to exceed 120 days, unless the Court finds that the case presents unique complexities or other exceptional circumstances.] Initial requests for production of documents pursuant to Fed. R. Civ. P. 34 shall be served by ______________________. 2 c. d. e. f. g. Responsive documents shall be produced by _________________. Do the parties anticipate e-discovery? [Yes ______ / No ______] Interrogatories pursuant to Fed. R. Civ. P. 33 shall be served by ______________________. Depositions pursuant to Fed. R. Civ. P. 30, 31 shall be completed by ______________________. Requests to admit pursuant to Fed. R. Civ. P. 36 shall be served by ______________________. Any of the deadlines in paragraphs 8(b) through 8(f) may be extended by the written consent of all parties without application to the Court, provided that all fact discovery is completed by the date set forth in paragraph 8(a). 9. Expert Discovery [if applicable] a. b. c. Anticipated types of experts if any: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ If you have identified types of experts in question 9(a), all expert discovery shall be completed no later than ______________________. [Within 45 days from the date in paragraph 8(a), i.e., the completion of all fact discovery, absent exceptional circumstances.] Omit if you have not identified types of experts. If you have identified types of experts in question 9(a), by _________ [no later than one month before the date in paragraph 8(a), i.e., the completion of all fact discovery] the parties shall meet and confer on a schedule for expert disclosures, including reports, production of underlying documents and depositions, provided that (i) expert report(s) of the party with the burden of proof shall be due before those of the opposing party’s expert(s); and (ii) all expert discovery shall be completed by the date set forth in paragraph 9(b). 10. This case [is ______ / is not ______] to be tried to a jury. 11. Counsel for the parties have conferred and their present best estimate of the length of trial is ______________________. 3 12. Other issues to be addressed at the Initial Pretrial Conference, including those set forth in Fed. R. Civ. P. 26(f)(3), are set forth below: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ 13. Status Letters and Conferences a. b. c. By ___________ [60 days after the commencement of fact discovery], the parties shall submit a joint status letter, as outlined in Individual Rule III.D.3. By ______________ [14 days after the close of fact discovery], the parties shall submit a joint status letter, as outlined in Individual Rule III.D.3 and, in the event that they have not already been referred for settlement discussions, shall also advise the Court whether or not they request a referral for settlement discussions as provided in Paragraph 4(c) above. On _______________ at ______A.M. [usually 14 days after the close of all discovery], a pre-motion conference will be held for any anticipated dispositive motions, provided: i. A party wishing to file a summary judgment or other dispositive motion shall file a pre-motion letter at least two weeks before the conference and in the form provided in the Court’s Individual Rule III.A.1. Any party wishing to oppose shall file a responsive letter as provided in the same Individual Rule. The motion will be discussed at the conference. The conference will be in person at the United States Courthouse, Southern District of New York, 40 Foley Square, New York, NY, 10007 at Room 1106. The time of the conference is approximate, but the parties shall be ready to proceed at that time. ii. If no pre-motion letter is timely filed, this conference will be canceled and the matter placed on the Court’s trial-ready calendar. The parties will be notified of the assigned trial-ready date and the filing deadlines for pretrial submissions. The parties are warned that any settlement discussions will not stay pretrial deadlines or the trial date. This Order may not be modified or the dates herein extended, except as provided in paragraph 8(g) or by further Order of this Court for good cause shown. Any application to modify or extend the dates herein, except as provided in paragraph 8(g), shall be made in a written application in accordance with the Court’s Individual Rules and shall be made no less than 2 business days prior to the expiration of the date sought to be extended. 4 Notwithstanding any other rules governing discovery or other deadlines, the parties shall follow the deadlines set forth herein unless expressly ordered otherwise by the Court. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court’s calendar, and to schedule the conference under paragraph 13(c) as a Pre-Motion Conference. SO ORDERED. Dated: _________________ New York, New York Counsel for the Parties: ____________________________________ LORNA G. SCHOFIELD United States District Judge _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ 5

=== Individual Rules and Practices in Civil Pro Se Cases ===

SPECIAL RULES & PRACTICES IN CIVIL PRO SE CASES THE HONORABLE LORNA SCHOFIELD, UNITED STATES DISTRICT JUDGE Pro Se Intake Unit United States District Court Southern District of New York 500 Pearl Street, Room 200 New York, New York 10007 (212) 805-0175 1. Electronic Case Filing for Nonincarcerated Parties A. ECF Filing by Pro Se Parties. Any nonincarcerated pro se party who wishes to participate in electronic case filing (“ECF”) should complete a Motion for Permission for Electronic Case Filing, available in the Pro Se Intake Unit or at https://nysd.uscourts.gov/forms. The form should be mailed to the Pro Se Intake Unit, 500 Pearl Street, Room 200, New York, NY, 10007. B. Consent to Electronic Service by Pro Se Parties. Any nonincarcerated pro se party who wishes to receive documents in their case electronically (by e-mail) instead of by regular mail may consent to electronic service by filing a Pro Se (Nonprisoner) Consent & Registration Form to Receive Documents Electronically, available in the Pro Se Intake Unit or at https://nysd.uscourts.gov/forms. 2. Communications A. By a Pro Se Party. All communications with the Court by a pro se party that are not filed on ECF must be in writing and sent to the Pro Se Intake Unit at 500 Pearl Street, Room 200, New York, NY, 10007 or through the drop box located in the lobby of the U.S. Courthouse at 500 Pearl Street, New York, NY. Documents or Court filings should not be sent directly to Chambers or Judge Schofield. No telephone calls will be accepted by Chambers. B. By Parties Represented by Counsel. Communications with the Court by a represented party shall be governed by Judge Schofield’s Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-lorna-g-schofield. Except for cases in which the pro se party has received permission to participate in ECF, such communications must include a separate proof of service indicating that the pro se party was served with a copy of the communication. C. Conferences and Proceedings. All routine conferences, proceedings and oral arguments in civil cases may be held either in person at the address provided in the Court’s scheduling order, or telephonically at the number provided in the Court’s scheduling order. D. Requests for Adjournments or Extensions of Time. All requests for adjournments or extensions of time must be made in writing and must state: (1) the original date(s); (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; and (4) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent. 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 adjournment of a court conference shall be made at least 48 hours prior to the scheduled appearance. Requests for extensions ordinarily will be denied if made after the expiration of the original deadline. 3. Filing of Papers A. By a Pro Se Party. If the pro se party is not participating in ECF, all papers to be filed with the Court by a pro se party must be sent to the Pro Se Intake Unit, United States Courthouse, 500 Pearl Street, Room 200, New York, New York 10007. The Court will accept filings via email from pro se parties without ECF privileges. Filings submitted by email must be sent to [email protected], and done so in accordance with the procedures found in Section 1.1 of the ECF Rules and Instructions located at https://www.nysd.uscourts.gov/rules/ecf-related-instructions. B. By Parties Represented by Counsel. Except for cases in which the pro se party has received permission to participate in ECF or has consented to electronic service, counsel in pro se cases must serve a pro se party with a paper copy of any document that is filed electronically and include a proof of service indicating that the pro se party was served with a copy of the filed document. Submissions filed without proof that the pro se party was served will not be considered. 4. Discovery A. Discovery Requests. All requests for discovery must be sent to counsel for the opposing party. Discovery requests must not be sent to the Court. B. Discovery Disputes. The parties shall confer amongst themselves with respect to discovery demands prior to raising any issue with the Court. Parties should not contact the Court regarding discovery disputes unless they have first attempted to resolve the issue with the opposing party without the assistance of the Court. 5. Motions A. Filing and Service. Before filing a motion to dismiss, a party must file a letter stating the basis for the motion and a proposed briefing schedule. The letter shall be no longer than 750 words, single-spaced. No response is required. Unless otherwise ordered by the Court, papers filed in opposition to a motion 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. 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 Local Civil Rules 12.1 or 56.2. 2 C. Memoranda of Law. All written motions shall be accompanied by a memorandum of law. 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 memoranda are limited to 3,500 words. If handwritten or prepared with a typewriter, memoranda in support of or in opposition to motions may not exceed 25 pages, and reply memoranda may not exceed 10 pages. These limits do not apply to memoranda in support of or in opposition to a motion for reargument or reconsideration, which are limited to 3,500 words, and reply memoranda are limited to 1,750 words. If a memorandum is handwritten or prepared with a typewriter, it may not exceed 10 pages for memoranda in support of or opposition to reconsideration or reargument, and 5 pages for reply memoranda. Those limits also do not apply to memoranda in support of or opposition to in limine motions, which shall not exceed 2,500 words if prepared on a computer, or five pages if prepared with a typewriter or handwritten. Any words or pages in excess of the applicable limit will be disregarded. Those limits do not include the caption, any index, table of contents, table of authorities, signature blocks, or any required certifications, but do include material contained in footnotes or endnotes. If any memorandum of law is filed with a computer, the party shall also file a certificate of compliance as required by Local Civil Rule 7.1(c). 6. Initial Case Management Conference. The Court will generally schedule an initial case management conference within three months of the filing of the Complaint. An incarcerated party may not be able to attend this or other conferences, but may be able to participate by telephone or video conference. 7. Trial Documents A. Joint Pretrial Statement. Unless otherwise ordered by the Court, within 30 days of the completion of discovery, the parties shall file a concise, written Joint Pretrial Statement. This Statement need take no particular form, but it must contain the following: (1) a statement of the facts that each party hopes to prove at trial; (2) a list of all documents or other physical objects that each party plans to put into evidence at trial; and (3) a list of the names and addresses of all witnesses that each party intends to have testify at trial. The Statement must be sworn by the parties to be true and accurate based on the facts known by the parties. If any party is represented, that party shall file the Joint Pretrial Statement. If no party is represented, the parties shall jointly file an original of this Statement with the Pro Se Intake Unit. B. Other Pretrial Filings. At the time of filing the Pretrial Statement, any parties represented by counsel must also submit proposed findings of fact and conclusions of law, if the case is to be tried before only a judge without a jury, or a proposed jury charge, if it will be tried before a jury. The pro se party may also file either proposed findings of fact and conclusions of law or a proposed jury charge, but is not required to do so. In all jury cases, the parties also shall file joint proposed case specific voir dire (i.e., jury selection) questions and a one or two paragraph statement describing the case that will be read to the prospective jurors and the beginning of voir dire. The parties need not file generalized jury instructions or voir dire instructions. 3 8. Pro Se Legal Assistance Clinic The City Bar Justice Center provides limited-scope legal assistance through the Southern District of New York’s Pro Se Legal Assistance Clinic. Assistance can be requested through the Center’s online application located at https://www.citybarjusticecenter.org/projects/federal-pro- se-legal-assistance-project/. If you are not able to complete the form or have questions regarding the form, please contact the Clinic at (212) 382-4794. If you have any questions about these rules and practices, please contact the Pro Se Intake Unit at (212) 805-0175. Revised 1/22/2025. 4

=== Individual Rules and Procedures for Civil Cases ===

INDIVIDUAL RULES AND PROCEDURES FOR CIVIL CASES Lorna G. Schofield United States District Judge Mailing Address: United States District Court Southern District of New York 500 Pearl Street New York, New York 10007 Courtroom: Courtroom 1106 40 Foley Square Mr. James Street, Courtroom Deputy Revised March 17, 2025 Table of Contents Page I. GENERAL MATTERS ...............................................................................................1 A. Procedural Rules ......................................................................................................1 1. Applicability ........................................................................................................1 2. Section 1983 Cases ..............................................................................................1 3. Discovery Protocols in Certain Employment and FLSA Cases ...........................1 B. Communications with Chambers .............................................................................1 1. General Matters ....................................................................................................1 2. Agreements to Settle ............................................................................................2 3. Requests for Adjournments and Extensions of Time ..........................................2 4. Conferences and Proceedings ..............................................................................3 5. Urgent Matters .....................................................................................................3 6. Authorized Hand Deliveries ................................................................................3 7. Other Communications ........................................................................................3 C. Filing and Submission of Papers .............................................................................3 1. Electronic Case Filing (“ECF”) ...........................................................................3 2. No Paper Submissions .........................................................................................4 D. Redactions and Filing Under Seal............................................................................4 1. Presumptive Right of Access ...............................................................................4 2. Sealing/Redactions Not Requiring Court Approval ............................................4 3. Sealing/Redaction Requiring Court Approval .....................................................4 4. Confidentiality Agreements .................................................................................5 5. Sealed Settlement Agreements ............................................................................5 6. Related Cases .......................................................................................................5 E. Electronic Devices ...................................................................................................6 1. Mobile Phones, Tablets and Personal Electronic Devices ...................................6 2. Computers, Printers and other Electronic Equipment ..........................................6 II. DISCOVERY ...............................................................................................................6 A. Electronic Discovery ................................................................................................6 1. Requests for Production of Documents ...............................................................6 2. Non-Waiver Agreements .....................................................................................7 3. Use of Computer Assisted Technology ...............................................................7 B. Discovery Disputes ..................................................................................................8 1. Oral Applications During a Deposition ...............................................................8 2. Discovery Motions ...............................................................................................8 III. MOTION RULES AND PROCEDURES ...............................................................8 A. Pre-Motion Conference ............................................................................................8 1. Pre-Motion Conference Generally Required .......................................................8 2. Subject of Pre-Motion Conference ......................................................................8 3. Motions Not Requiring a Pre-Motion Conference...............................................8 B. Motion Submissions and Argument ........................................................................9 1. Memoranda of Law ..............................................................................................9 2. Citations to Case Law ........................................................................................10 Table of Contents Page 3. Affidavits and Exhibits ......................................................................................10 4. Briefing Schedule...............................................................................................10 5. Paper Courtesy Copies .......................................................................................11 6. Oral Argument ...................................................................................................11 C. Particular Matters and Motions ..............................................................................11 1. Pro Hac Vice Admission ....................................................................................11 2. Motions to Dismiss ............................................................................................11 3. Discovery Motions .............................................................................................12 4. Applications for Temporary Restraining Order and Orders to Show Cause .....12 5. Class Actions .....................................................................................................12 6. Summary Judgment Motions .............................................................................13 7. Default Judgment Procedures ............................................................................13 D. Pretrial Conferences and Related Filings ...............................................................13 1. Attendance by Principal Trial Counsel ..............................................................13 Initial Case Management Conference and Plan .................................................13 2. 3. Status Letters ......................................................................................................14 4. Diversity Jurisdiction Cases ...............................................................................14 Interim Pretrial Conferences ..............................................................................15 5. 6. Final Pretrial Conference and Filings in Anticipation of Trial ..........................15 Jury Cases that Settle After the Final Pre-Trial Conference ..............................15 7. DIVERSITY AND INCLUSION ..........................................................................15 A. Requests for Reasonable Accommodation ............................................................15 B. Personal Pronouns ..................................................................................................15 IV. ii I. GENERAL MATTERS A. Procedural Rules 1. Applicability The Court’s procedures are governed by the Federal Rules of Civil Procedure, the Local Rules of the United States District Courts for the Southern and Eastern Districts of New York (the “Local Rules”) and the Individual Practices set forth below. Unless otherwise ordered, these Individual Practices apply to all civil matters before Judge Schofield, except civil pro se cases. Nothing in these Individual Practices supersedes a specific time period for filing a motion specified by statute or Federal Rule -- including but not limited to Federal Rules of Civil Procedure 50, 52, 54, 59 and 60, and Federal Rule of Appellate Procedure 4 -- where failure to comply with the specified time period could result in forfeiture of a substantive right. 2. Section 1983 Cases Cases designated for participation in the Plan for Certain Section 1983 Cases Against the City of New York will proceed under the Plan, except that the plaintiff may request and obtain document discovery in addition to what is provided in paragraph 5 of the Plan, if the discovery is otherwise permissible and would be useful in evaluating the case for the settlement conference. Any dispute concerning discovery shall be handled as provided in Section III.C.3 below and Local Rule 37.2. The Plan can be found at https://nysd.uscourts.gov/rules/proposed-amendments. 3. Discovery Protocols in Certain Employment and FLSA Cases The Initial Discovery Protocols for Employment Cases Alleging Adverse Action apply, where applicable, and can be found at https://nysd.uscourts.gov/sites/default/files/practice_documents/ lgsEmploymentProtocols.pdf. The Initial Discovery Protocols for Fair Labor Standards Act Cases Not Pleaded as Collective Actions apply, where applicable, and can be found at https://nysd.uscourts.gov/sites/default/files/ practice_documents/lgsInitialDiscoveryProtocolsForFairLaborStandardsAct. pdf. In cases where they apply, these protocols supersede all other discovery protocols, unless otherwise ordered. B. Communications with Chambers 1. General Matters Unless otherwise ordered by the Court, all communications with Chambers shall be by letter, not to exceed 750 words, not including exhibits, and in 12- point font, except as provided below. Letters to the Court shall be filed via ECF and should not be sent to Chambers, except letters containing information that should not be in the public file (for example, information concerning settlement discussions or medical information) shall be emailed to Chambers as a PDF attachment at [email protected]. Emails shall state clearly in the subject line: (1) the docket number of the case, (2) the case caption with the lead party names and (3) a brief description of the contents of the letter (e.g., “11-cv-9999, Jones v. Smith, Request for Extension of Time”). Substantive statements shall be made only in the letter attachment. The Court will not review statements made in the body of the email. Copies of communications emailed to Chambers shall be emailed simultaneously to all counsel and unrepresented parties. The parties shall not send the Court copies of correspondence between counsel. If a party does not want a letter to be docketed because of a protective order or for other good cause, the sender shall explicitly state in the letter the grounds for a request of confidential treatment and include the header “CONFIDENTIAL” on every page of the letter. If a party wishes to ensure preservation of an undocketed letter for the record on appeal, it shall clearly so indicate in the first paragraph of the letter and apply to file the letter under seal, citing relevant case law and facts. 2. Agreements to Settle The parties shall email Chambers at [email protected] immediately upon reaching an agreement to settle. 3. Requests for Adjournments and Extensions of Time All requests for adjournments or extensions of time shall be made at least two business days before the date to be extended. Any such request shall be made as a letter motion filed via ECF except as provided above. The body of the letter shall state: (1) the original due date, the date sought to be extended and the new date the party now seeks; (2) the number of previous requests for adjournment or extension of time; (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. If the requested adjournment or extension affects any other scheduled dates, the parties shall indicate the new proposed dates. Requests for adjournment of court conferences shall be made by noon at least two business days before the scheduled appearance. Absent extraordinary circumstances, requests for extension of time will be denied if not made before the expiration of the original deadline. 2 The Court’s permission is required to extend or adjourn Court-imposed dates and deadlines. Extensions and adjournments of Court-imposed dates and deadlines will be granted only for compelling reasons. 4. Conferences and Proceedings Routine conferences, proceedings and oral arguments in civil cases will be held in person at the address provided in the Court’s scheduling order. 5. Urgent Matters For urgent matters requiring the Court’s immediate attention, counsel may call Chambers directly; in such situations, parties should email the Chambers inbox at [email protected]. requesting the Court’s contact information. 6. Authorized Hand Deliveries Material specifically permitted or ordered by the Court to be delivered by hand shall be left with the Court Security Officers at the Worth Street entrance of Daniel P. Moynihan Courthouse and shall not be brought directly to Chambers. If the hand-delivered material is urgent and requires the Court’s immediate attention, counsel shall ask the Court Security Officers to notify Chambers that an urgent package has arrived and needs to be retrieved by Chambers staff immediately. 7. Other Communications Emails, telephone calls and hand deliveries to Chambers are not permitted except as provided above. Faxes to Chambers are not permitted except with the prior authorization of Chambers, which will be given only in exceptional circumstances. In such situations, each faxed submission shall clearly identify the person in Chambers who authorized the sending of a fax, and copies shall be faxed or delivered to all counsel simultaneously. C. Filing and Submission of Papers 1. Electronic Case Filing (“ECF”) All attorneys representing parties before Judge Schofield are required to register promptly as filing users on ECF. Instructions are available on the Court website at https://nysd.uscourts.gov/electronic-case-filing. Counsel are responsible for updating their contact information on ECF and for checking the docket sheet regularly, regardless of whether they receive an ECF notification of case activity. Parties shall consult ECF to confirm conference dates and times. 3 2. No Paper Submissions No papers, including courtesy hard copies of any filing or document, may be submitted to Chambers unless requested or required to be filed in hard copy by the Local Civil rules. All documents, including confidential and sealed materials, must be filed on ECF, except Highly Sensitive Documents, which must be filed in hard copy pursuant to Local Civil Rule 5.2. When an entire case is under seal, the parties shall follow the filing procedures at § 6.14 of the Southern District of New York’s Electronic Case Filing Rules & Instructions (the “SDNY ECF Rules & Instructions”), available here. D. Redactions and Filing Under Seal 1. Presumptive Right of Access The public has a presumptive right of access to judicial documents. The parties shall not include any provision for filing under seal in any confidentiality order. 2. Sealing/Redactions Not Requiring Court Approval Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court. 3. Sealing/Redaction Requiring Court Approval Motions or Letter Motions for approval of sealed or redacted filings and the subject documents, including the proposed sealed document(s), must be filed electronically through the Court’s ECF system in conformity with the Southern District’s standing order, 21-mc-13, available here, and § 6 of the SDNY ECF Rules & Instructions, available here. The motion shall be filed in public view, must explain the particular reasons for seeking to file that information under seal and shall not include confidential information sought to be filed under seal. The motion should include an appendix that identifies all parties and attorneys of record who should have access to the sealed documents. 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 proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion. The summary docket text, but not the sealed document, will be open to public inspection and should not include confidential information sought to be filed under seal. 4 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. The party with an interest in confidential treatment bears the burden of persuasion. If this party is not the filing party, the party with an interest in confidential treatment shall promptly file a letter on ECF within two business days in support of the motion, explaining why it seeks to have certain documents filed in redacted form or under seal. Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper. The Court will review the proposed redactions and notify the parties of its decision via ECF. The party may then, to the extent permitted by the Court, file the redacted documents on ECF. On application of a party, and provided the unredacted papers are timely served on the party’s adversary, the Court will deem papers filed on the date the party delivers them to Chambers for review of proposed redactions. 4. Confidentiality Agreements If the parties believe that a protective order is needed, they may file a proposed order. For documents to be filed under seal, the proposed order must state in substance that: “Documents may be filed under seal only as provided in Judge Schofield’s Rule I.D.3” (above). The proposed order also must contain the following language, preferably in the last paragraph, “The parties acknowledge that the Court retains discretion as to whether, in Orders and Opinions, to afford confidential treatment to information that the parties have redacted, sealed or designated as confidential.” 5. Sealed Settlement Agreements The Court will not retain jurisdiction to enforce confidential settlement agreements. If the parties wish the Court to retain jurisdiction to enforce the agreement, the parties shall place the terms of the agreement on the public record. The parties may either provide a copy of the agreement for the Court to endorse or include the terms of their settlement agreement in their stipulation of settlement and dismissal. 6. Related Cases After an action has been accepted as related to a prior case, all future court papers and correspondence shall contain the docket number of both the new 5 case and the prior related case (e.g., 13-cv-1234 [rel. 12-cv-4321]), unless the parties are directed otherwise. E. Electronic Devices 1. Mobile Phones, Tablets and Personal Electronic Devices Attorneys’ use of mobile phones, tablets and other personal electronic devices in the Courthouse is governed by Standing Order M10-468, available here. Any attorney wishing to bring a telephone or other personal electronic device into the Courthouse shall be a member of this Court’s Bar, shall obtain the necessary service pass from the District Executive’s Office, and shall show the service pass upon entering the Courthouse. 2. Computers, Printers and 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. A form order is available at https://nysd.uscourts.gov/forms. Parties shall complete the fillable .PDF form and email it to Chambers at least 10 days prior to the requested date of authorization. II. DISCOVERY A. Electronic Discovery 1. Requests for Production of Documents Absent an order of the Court upon a showing of good cause or stipulation by the parties, a party from whom electronically-stored information (ESI) has been requested shall not be required to search for responsive ESI: (a) From more than 10 key custodians; (b) That was created more than five years before the filing of the lawsuit; (c) From sources that are not reasonably accessible without undue burden or cost; or (d) For more than 160 hours, inclusive of time spent identifying potentially responsive ESI, collecting ESI, searching that ESI (whether using properly validated keywords, Boolean searches, computer-assisted or other search methodologies) and reviewing that ESI for responsiveness, confidentiality and for privilege or work product protection. The producing party shall be able to demonstrate that the search was effectively designed and efficiently conducted. A party from whom ESI has been requested shall 6 maintain detailed time records to demonstrate what was done and the time spent doing it, for review by an adversary and the Court, if requested. 2. Non-Waiver Agreements As part of their duty to cooperate during discovery, the parties are expected to discuss whether the costs and burdens of discovery, especially discovery of ESI, may be reduced by entering into a non-waiver agreement pursuant to Federal Rule of Evidence 502(e). In accordance with Federal Rule of Evidence 502(d), at the request of the parties and upon submission of a proposed order pursuant to Section I.D.4, the Court will enter an order providing that, except when a party intentionally waives attorney-client privilege or work product protection by disclosing such information to an adverse party as provided in Federal Rule of Evidence 502(a), the disclosure of attorney-client privileged or work product protected information pursuant to a non-waiver agreement entered into under Rule 502(e) does not constitute a waiver in this proceeding, or in any other federal or state proceeding. Further, the provisions of Federal Rule of Evidence 502(b)(2) are inapplicable to the production of ESI pursuant to an agreement entered into between the parties under Rule 502(e). A party that produces attorney-client privileged or work product protected information to an adverse party under a Rule 502(e) agreement without intending to waive the privilege or protection shall promptly notify the adversary that it did not intend a waiver by its disclosure. Any dispute regarding whether the disclosing party has asserted properly the attorney- client privilege or work product protection shall be brought promptly to the Court if the parties are not themselves able to resolve it. 3. Use of Computer Assisted Technology Parties requesting ESI discovery and parties responding to such requests are expected to cooperate in the development of search methodology and criteria to achieve proportionality in ESI discovery, including appropriate use of computer-assisted search methodology. The parties also shall discuss whether to use computer-assisted search methodology to facilitate pre-production review of ESI to identify information that is beyond the scope of discovery because of the attorney- client privilege or work product protection. 7 B. Discovery Disputes 1. Oral Applications During a Deposition Notwithstanding the provisions of Section III.C.3 below and provided the parties have made their best efforts to resolve their differences without intervention, the parties may telephone Chambers during a deposition for immediate resolution of a dispute. 2. Discovery Motions Parties shall follow Section III.C.3 below and Local Rule 37.2 before making any discovery motion. III. MOTION RULES AND PROCEDURES A. Pre-Motion Conference 1. Pre-Motion Conference Generally Required Before bringing any motion (except certain motions listed below), a party shall file a letter motion on ECF requesting a pre-motion conference. This letter shall be filed at least 10 business days before the proposed conference date and shall identify all of the issues in dispute and explain the legal and other grounds for the motion. No later than five business days after receipt of the letter, subject to any superseding deadline ordered by the Court, an adversary wishing to oppose the motion shall file on ECF a written response. Each party shall file a single letter not to exceed 1,200 words, not including any attached exhibits, for each pre-motion conference. 2. Subject of Pre-Motion Conference Motions will be resolved at the pre-motion conference to the extent possible. If briefing is found to be necessary, the issues to be considered will be defined and a briefing schedule and return date set. 3. Motions Not Requiring a Pre-Motion Conference A pre-motion conference is not required for the following motions: – Motions to dismiss in lieu of an answer (see Section III.C.2) – Motions to transfer case – Habeas corpus petitions – All motions in Social Security cases – Motions to consolidate and/or appoint lead plaintiff in securities cases – Motions for admission pro hac vice (see Section III.C.1) – Applications for a temporary restraining order or preliminary injunction (see also below) 8 – Motions for reargument or reconsideration (parties shall not submit opposition to a motion for reconsideration unless directed to do so by the Court) – In forma pauperis motions – Applications for attorney’s fees – Motions to be relieved as counsel – Motions for a new trial or amendment of judgments – Motions for emergency relief – Motions to object to a Magistrate Judge’s ruling While a pre-motion conference also is not required for the following motions, the movant shall communicate with the opposing party by letter not exceeding 1,200 words, citing the controlling authorities that the movant contends would warrant granting the motion. The opposing party shall respond by similar letter within seven calendar days indicating the extent, if any, to which the opposing party concurs with movant’s objections and the amendments, if any, to be made to address them, or the reasons and controlling authority that support the pleadings as filed. – Motions for a more definite statement – Motions to remand a removed case – Motions to confirm or compel arbitration B. Motion Submissions and Argument 1. Memoranda of Law All written motions and cross-motions shall be accompanied by a memorandum of law. Local Rule 7.1 specifies the requirements for motion papers, including typeface (12-point font or larger), margins (1 inch or more) and spacing (double spaced). 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 memoranda are limited to 3,500 words. Memoranda of 2,500 words or more shall include a table of contents and a table of authorities, neither of which shall count toward the word limit. These limits do not apply to memoranda in support of or in opposition to a motion for reargument or reconsideration, which are limited to 3,500 words, and reply memoranda, which are limited to 1,750 words; memoranda in support of or in opposition to in limine motions, which shall not exceed 1,500 words; or objections or responses to objections to a Magistrate Judge’s Report and Recommendation, which shall not exceed 2,500 words. These limits do not include the caption, any index, table of contents, table of authorities, signature blocks, or any required certifications, but do include material contained in footnotes or endnotes. If a memorandum of law is filed with a computer, the party shall also file a certificate of compliance as required by Local Civil Rule 7.1(c). These limits do not apply to Bankruptcy Appeals. 9 The briefing schedule, format and length specifications set forth in Federal Rule of Bankruptcy Procedure 8015 shall govern unless otherwise ordered by the Court. 2. Citations to Case Law For any case citation to support a proposition of law, the parties should endeavor to cite the most recent binding authority — usually, the most recent reported 2d Circuit decision (i.e. not those found in the F. App’x reporter). District court decisions are not binding and should be cited only for their persuasive authority. Unpublished cases need not be provided if they are available on Westlaw. 3. Affidavits and Exhibits Each party is limited to a total of five affidavits/declarations (each not to exceed 2,500 words) in support of or in opposition to a motion. Each party is limited to a total of 15 exhibits (each not to exceed 15 pages), including exhibits attached to an affidavit/declaration. The exhibits shall be excerpted to include only relevant material. All exhibits shall be clearly labeled. For excerpts of any hearing or deposition transcript, or any expert report submitted, the parties shall provide the Court with an electronic, text- searchable courtesy copy of the entire document, if such copy is available, unless doing so would be unduly burdensome. The parties shall email [email protected] requesting a link to upload these courtesy copies. If any exhibits are of a kind that is filed with the Clerk of Court but not filed on ECF, such as audio or video files, the parties shall use the email address above to request a link to transmit an electronic copy to the Court. Although the Court does not ordinarily grant such requests, any application to exceed the limitations of exhibits and/or affidavits shall be by letter to the Court filed on ECF and shall contain: (i) a detailed request for relief specifying the additional documents or pages that the party seeks to file, and (ii) an explanation as to why the relief is necessary. 4. Briefing Schedule Unless the Court already has set a schedule, the parties shall propose a briefing schedule by filing on ECF a letter to the Court with a proposed scheduling order. The schedule should not exceed 60 days from the time of filing. The proposed order need not be sent first to Orders and Judgments. The parties may change the briefing schedule without consulting or advising the Court, as long as the “fully submit” date previously established by the Court is unchanged. The Court shall be notified only if: (1) the parties cannot agree on dates to serve one another; or (2) the parties wish to change the final submission date set by the Court for the motion. 10 If the parties do not file a proposed briefing schedule and scheduling order, any opposition or reply memoranda of law shall be filed in accordance with Local Rule 6.1. 5. Paper Courtesy Copies Parties shall not send paper courtesy copies to Chambers unless requested by the Court. 6. Oral Argument The parties may request oral argument by filing on ECF a letter to Chambers no later than the date the last brief is filed in connection with the motion. The Court will determine whether argument will be heard and, if so, will advise counsel of the argument date. The Court ordinarily does not hear oral argument. A request for oral argument is more likely to be granted if counsel identifies one or two lawyers out of law school for five years or less who will argue the entirety of the motion and references this rule in the request. Counsel shall assume that the Court is familiar with the motion papers. C. Particular Matters and Motions 1. Pro Hac Vice Admission Counsel seeking a pro hac vice admission shall first seek consent from opposing counsel and state opposing counsel’s position in the motion papers. The proposed order of admission shall include the applicant’s email address, mailing address and phone number in accordance with the district’s procedures set forth at https://nysd.uscourts.gov/attorney/prohac. Parties are reminded that a $200 fee shall be paid to the Cashier’s Office with each pro hac vice admission. 2. Motions to Dismiss Although a pre-motion conference is not required for a motion to dismiss, the movant must file a pre-motion letter with the Court in the manner provided in Rule III.A.1. The letter shall include a proposed briefing schedule for the motion. Among other purposes, the pre-motion letter and response enable the Court to set an appropriate briefing schedule and explore whether the motion may be: (i) obviated by an amendment to the pleadings or consent to the relief; or (ii) deferred to a different juncture in the case. The party responding shall unambiguously state any intention to seek leave to amend. The pre-motion letter and response will be taken into account in deciding whether further leave to amend will be granted in the event the motion to dismiss is granted. The transmittal of a pre-motion letter for a proposed motion under Rule 12(b), Fed. R. Civ. P., stays the time to answer or move 11 until further order of the Court. Absent extraordinary circumstances, the Court does not stay discovery or any other case management deadlines during the pendency of a motion to dismiss. 3. Discovery Motions Parties shall follow Local Rule 37.2 with the following modifications: Any party wishing to raise a discovery dispute with the Court first shall confer in good faith with the opposing party, in-person or by telephone, in an effort to resolve the dispute. If this process does not resolve the dispute, the party shall file on ECF a letter motion for a pre-motion discovery conference with the Court, as provided in Section III.A.1 above. The Court will seek to resolve the discovery dispute quickly and likely will convene a telephone conference on short notice or an in-person conference when practical. 4. Applications for Temporary Restraining Order and Orders to Show Cause A party shall confer with the party’s 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, the party shall email the Chambers inbox at [email protected]. requesting the Court’s contact information. The party shall then call Chambers and state clearly whether: (1) the party has notified its adversary, and whether the adversary consents to temporary injunctive relief; or (2) the requirements of Rule 65(b) are satisfied and no notice is necessary. Parties intending to file an application for TRO or other emergency relief must send all of their papers (in text-searchable PDF format) to the Court by email. The email should (1) include the word “URGENT” in the subject line; (2) provide a telephone number at which the party (and any other relevant parties) can be reached and (3) provide a both a PDF and Word version of the proposed TRO. If a party’s adversary has been notified but does not consent to temporary injunctive relief, the party seeking a restraining order shall provide the relevant parties’ availability for an in-person conference in the next few days in the email. As noted above, parties should not hand-deliver any documents. 5. Class Actions Any party moving for preliminary approval of a class action settlement must disclose the proposed plan of allocation and provide a spreadsheet or other document detailing the amount of (a) the total settlement fund, (b) the Claims Administrator’s fee, costs and expenses, (c) proposed attorneys’ fees, costs and expenses, (e) the named Plaintiffs’ proposed service fee, (f) any other deduction from the settlement fund before payment to class members and (g) the anticipated recovery in dollars and as a percentage of the plaintiff’s estimated damages for the class and any subclass in the aggregate and per 12 class member, including any assumptions used in calculating these amounts. The party moving for preliminary approval shall also file a proposed schedule for settlement, including dates for proposed class notice, submission of objections and exclusion requests and a fairness hearing. In accordance with Local Rule 23.1, a party seeking preliminary approval of a class action settlement must disclose any fee sharing agreement with any attorney or other person. The disclosure shall include the names and addresses of the applicants for such fees and the amounts requested, respectively. 6. Summary Judgment Motions Absent good cause, the Court ordinarily will not have summary judgment practice in a non-jury case. A movant for summary judgment shall file a statement of material undisputed facts and the opponent shall respond all as set forth in Local Rule 56.1. The statement shall identify key issues and include only those facts that the movant genuinely believes to be both material and undisputed. The Rule 56.1 statement shall not exceed 8,750 words, double-spaced unless leave of the Court to file a longer document has been obtained at least one week before the motion and statement are due to be filed. The movant shall provide all other parties with an electronic copy, in Microsoft Word format, of its Rule 56.1 statement. Opposing parties shall reproduce each entry in the moving party’s Rule 56.1 Statement, with a response directly beneath it. An opposing party shall not deny each statement as a matter of course, but only those statements that it genuinely believes to be in dispute. No exhibits may be annexed to a Rule 56.1 statement or response. 7. Default Judgment Procedures A party seeking a default judgment shall proceed as set forth in Local Civil Rules 55.1 (Certificate of Default) and 55.2 (Default Judgment). D. Pretrial Conferences and Related Filings 1. Attendance by Principal Trial Counsel The attorney who will serve as principal trial counsel shall appear at all conferences with the Court. 2. Initial Case Management Conference and Plan The Court generally will schedule a Federal Rule of Civil Procedure 16(c) conference within two months of the filing of the complaint. The Notice of Initial Pretrial Conference will be docketed on ECF and will direct the parties, inter alia, to file a joint letter and a joint proposed Civil Case 13 Management Plan and Scheduling Order at least one week before the conference date. The parties shall use the form Proposed Case Management Plan and Scheduling Order available at the Court’s website (https://nysd.uscourts.gov/hon-lorna-g-schofield). After the Initial Pretrial Conference, the Court will issue a scheduling order, adopting and/or modifying the dates the parties set forth in their Proposed Case Management Plan. 3. Status Letters Any status letter ordered by the Court shall include the following details: (a) What discovery has taken place, specifically (1) What discovery requests have been propounded, who propounded each request and on what date, (2) What responses were made, who made each response and on what date, (3) The volume of documents produced, who produced the documents and when; (b) The procedural history of the case to date, specifically (1) What pleadings have been filed, who filed each pleading and on what date, (2) What motions, if any, have been filed, who filed each motion and on what date each motion was filed, (3) What motions, if any, are currently pending and, for each pending motion, the date it was or is scheduled to be fully briefed; and (c) The parties’ plans to ensure that they meet the Court ordered discovery deadlines. 4. Diversity Jurisdiction Cases In any action for 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 state in the initial joint letter submitted to the Court before the Initial Pretrial Conference, or shall file on ECF within 60 days of invoking diversity jurisdiction, a letter to the Court explaining the factual and legal basis for such jurisdiction, including: (i) in the case of a corporation, the principal place of business and place of incorporation, (ii) in the case of a partnership, limited liability company or trust, the citizenship of each of the entity's members, shareholders, partners and/or trustees. 14 5. Interim Pretrial Conferences Pretrial status conferences may be suggested in writing by the parties or called by the Court at any time. 6. Final Pretrial Conference and Filings in Anticipation of Trial The Court usually will set the dates for trial and all pretrial submissions, as detailed below, after discovery is complete and dispositive motions have been decided. Please refer to the Court’s Individual Civil Trial Rules and Procedures for information about the filings that will be required after the case is trial ready and for the rules that will govern the conduct of trials. 7. Jury Cases that Settle After the Final Pre-Trial Conference For any case that settles after the pre-trial conference, costs will be assessed for obtaining a jury panel and seating a jury. IV. DIVERSITY AND INCLUSION A. Requests for Reasonable Accommodation Requests for reasonable accommodations on account of disability or religion with respect to the Court’s rules or in connection with any proceeding before Judge Schofield may be emailed to [email protected]. B. Personal Pronouns Counsel and parties are invited to inform the Court of their personal pronouns. 15

=== Individual Rules of Practice in Criminal Cases ===

INDIVIDUAL RULES AND PROCEDURES FOR CRIMINAL CASES Lorna G. Schofield United States District Judge Mailing Address: United States District Court Southern District of New York 500 Pearl Street New York, New York 10007 Courtroom: Courtroom 1106 40 Centre Street James Street, Courtroom Deputy Revised March 17, 2025 Table of Contents A. Procedural Rules ......................................................................................................1 B. Communications with Chambers .............................................................................1 1. Initial Pretrial Conference.. ..................................................................................1 2. General Communications with Chambers ...........................................................1 3. Requests for Adjournments and Extensions of Time. .........................................1 4. Other Docket, Schedule and Calendar Matters.. ..................................................2 5. Urgent Matters .....................................................................................................2 6. Authorized Hand Deliveries.. ..............................................................................2 7. Other Communications ........................................................................................2 C. Filing and Submission of Papers .............................................................................2 1. Electronic Case Filing (“ECF”) ...........................................................................2 2. Proposed Stipulations and Orders ........................................................................3 3. Redactions and Filing Under Seal........................................................................3 D. Defense Counsel ......................................................................................................3 1. Benefactor Payments. ..........................................................................................3 2. Substitution of Counsel ........................................................................................3 E. Motions ....................................................................................................................3 F. Bail Hearings, Modifications and Appeals ..............................................................4 G. Guilty Pleas ..............................................................................................................4 1. Plea Agreements and Pimentel Letters ................................................................4 2. Preparation for Allocution ...................................................................................4 H. “Brady” Disclosures.................................................................................................4 I. Trials ........................................................................................................................5 Sentencing ................................................................................................................5 J. 1. Sentencing Adjournments ....................................................................................5 2. Sentencing Submissions.......................................................................................6 3. Public Filing .........................................................................................................6 4. Letters. .................................................................................................................6 5. Privacy Policy ......................................................................................................6 6. Redactions Related to Sentencing ........................................................................6 Redactions Not Requiring Court Approval..................................................6 Redactions Requiring Court Approval.........................................................6 (a) (b) A. Procedural Rules The Court’s procedures are governed by the Federal Rules of Criminal Procedure, the Local Criminal Rules of the United States District Courts for the Southern and Eastern Districts of New York (the “Local Rules”), and the Individual Practices set forth below. Unless otherwise ordered, these Individual Practices apply to all criminal matters before Judge Schofield, except criminal pro se cases. B. Communications with Chambers 1. Initial Pretrial Conference. When a criminal case is assigned to Judge Schofield, the Assistant United States Attorney (“AUSA”) shall immediately contact Chambers to arrange for a prompt conference / arraignment. The AUSA shall email a courtesy copy of the indictment or information and the criminal complaint, if one exists, to the Court [email protected] as soon as practicable. 2. General Communications with Chambers. All communications with Chambers shall be by letter, not to exceed two pages, including exhibits, and in 12-point font, except as provided below. Letters to the Court shall be filed via ECF and should not be sent to Chambers, except letters containing information that should not be in the public file (for example concerning cooperation or medical information) shall be emailed to Chambers as a .PDF attachment at [email protected]. Emails shall state clearly in the subject line: (1) the docket number of the case, (2) the case caption with the parties’ names, and (3) a brief description of the contents of the letter (e.g., “11-cr-999, USA v. Smith, Request for Extension of Time”). Substantive statements shall be made only in the letter attachment; the Court will not review statements made in the body of the email. Copies of communications emailed to Chambers shall be emailed simultaneously to all counsel and unrepresented parties. The parties shall not send the Court copies of correspondence between counsel. If a party does not want a letter to be docketed because of a protective order or for other good cause, the sender shall explicitly state in the letter the grounds for a request of confidential treatment, and include the header “CONFIDENTIAL” on every page of the letter. If a party wishes to ensure preservation of an undocketed letter for the record on appeal, it shall clearly so indicate in the first paragraph of the letter. 3. Requests for Adjournments and Extensions of Time. All requests for adjournments or extensions of time shall be made as a letter-motion filed via ECF except as provided above. The body of the letter shall state: (1) the original due date, the date sought to be extended, and the new date the party now seeks; (2) the number of previous requests for adjournment or extension of time; (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. Requests for adjournment of court conferences, briefing deadlines, or any other deadlines shall be made by noon at least two business days before the scheduled appearance or date -- except sentencings for which adjournments must be requested at least 72 hours in advance. Absent extraordinary circumstances, untimely requests for extension of time will be denied. The Court’s permission is required to extend or adjourn Court-imposed dates and deadlines. Extensions and adjournments of Court-imposed dates and deadlines will be granted only for compelling reasons. When adjournments are granted, it is upon the condition that the party requesting the adjournment notifies all other parties of the new date and/or time. 4. Other Docket, Schedule and Calendar Matters. For docket, schedule and calendar matters, other than requests for adjournments and extensions of time, counsel may email Chambers at [email protected]. The subject line of any email shall contain the information specified in paragraph I.B.1. above. Parties shall consult the ECF to confirm conference dates and times. 5. Urgent Matters. For urgent matters requiring the Court’s immediate attention, counsel may contact Chambers and shall include all counsel. 6. Authorized Hand Deliveries. Material specifically permitted or ordered by the Court to be delivered by hand shall be left with the Court Security Officers at the Worth Street entrance of Daniel P. Moynihan Courthouse and shall not be brought directly to Chambers. If the hand-delivered material is urgent and requires the Court’s immediate attention, counsel shall ask the Court Security Officers to notify Chambers that an urgent package has arrived and needs to be retrieved by Chambers staff immediately. 7. Other Communications. Emails, telephone calls and hand deliveries to chambers are not permitted except as provided above. Faxes to Chambers are not permitted except with the prior authorization of Chambers, which will be given only in exceptional circumstances. In such situations, each faxed submission shall clearly identify the person in Chambers who authorized the sending of a fax, and copies shall be simultaneously faxed or delivered to all counsel. C. Filing and Submission of Papers 1. Electronic Case Filing (“ECF”). All attorneys representing parties before Judge Schofield are required to register promptly as filing users on ECF. Instructions are available on the Court website https://nysd.uscourts.gov/electronic-case-filing. Counsel are responsible for updating their contact information on ECF and for checking the docket sheet regularly, regardless of whether they receive an ECF notification of case activity. 2 2. Proposed Stipulations and Orders. Except as otherwise provided in these Rules, parties shall email all proposed stipulations and orders that they wish the Court to sign to the Orders and Judgments Clerk at [email protected] in accordance with the ECF Rules and Instructions. Courtesy copies shall not be sent to Chambers. 3. Redactions and Filing Under Seal. Except as provided in Section I.6 below regarding sentencing letters, any party wishing to file in redacted form any document under seal, or any portion thereof, shall email a letter to Chambers explaining the reasons for seeking to file under seal. The party shall attach to its letter one full set of the relevant page(s) or document(s) in highlighted form (i.e., with the proposed redactions highlighted). If the submission exceeds 25 pages, it shall be delivered in hard copy by hand as provided in Section C.6 above. The Court will review the proposed redactions and notify the party of its decision. The party may then, to the extent permitted by the Court, file the redacted documents on ECF and the full, unredacted documents under seal in accordance with this district’s procedures set forth https://nysd.uscourts.gov/programs/records/request. On application of a party, and provided the unredacted papers are timely served on the party’s adversary, the Court will deem papers filed on the date the party delivers them to Chambers for review of proposed redactions. D. Defense Counsel 1. Benefactor Payments. Whenever defense counsel has received, or is receiving, a benefactor payment that subjects counsel to a conflict of interest, he or she shall promptly inform the Court and request that the Court schedule a Curcio hearing. 2. Substitution of Counsel. When there is a substitution of defense counsel, counsel of record shall contact Chambers to schedule a conference as soon as possible. At the conference, the Court will address the application by defense counsel to be relieved. The defendant, replacement counsel, and the AUSA also shall attend the conference. E. Motions Discovery Motions. Counsel shall comply with Southern District Local Criminal Rule 16.1, and the discovery motion shall contain a Rule 16.1 affidavit. Paper Courtesy Copies. One printed courtesy copy of all parties’ motion papers, including exhibits, marked “Courtesy Copy,” shall be submitted to Chambers by the movant at the time the reply is served. Courtesy copies shall not be submitted to Chambers at the time of filing. The non-moving party shall provide the movant with an unbound set of its opposition and any cross-motion papers, double sided and three-hole punched. All motion papers shall be doubled-sided, three-hole punched, tabbed and placed in binders in the order that they were filed. If the parties have redacted or filed under seal any portion of the motion papers in 3 compliance with Section C.3 above, courtesy copies are to be unredacted, but the portions redacted from public filings shall be highlighted and identified, so that the Court will know to refrain from quoting those passages in opinion and orders. F. Bail Hearings, Modifications and Appeals 1. All requests for bail hearings, modifications, and appeals shall be made as a letter- motion filed via ECF. The body of the letter shall state: (1) the original conditions of bail (if applicable); (2) the new proposed conditions of bail; (3) whether the Defendant, the Government and the Pre-Trial Services Officer consent to the proposed conditions of bail, and if not, the respective positions of the Defendant, the Government and the Pre-Trial Services Officer; and (4) three proposed dates for a bail hearing. If the requested hearing affects any other scheduled dates, the requesting party shall propose new dates. G. Guilty Pleas 1. Plea Agreements and Pimentel Letters. Upon notification that a Defendant has decided to plead guilty, the AUSA will: (1) promptly contact Chambers to schedule a plea hearing; (2) email a copy of the applicable plea agreement, cooperation agreement, or Pimentel letter to the Court as provided in Section B.2 above; and (3) attach any related documents (i.e superseding information, order of forfeiture, etc.) in the same email correspondence. 2. Preparation for Allocution. Prior to the date set for the plea, defense counsel are expected to have reviewed with the defendant -- if necessary, with the assistance of an interpreter -- any Pimentel letter or plea, cooperation or other agreement, as well as the Advice of Rights form available at https://nysd.uscourts.gov/hon- lorna-g-schofield. Defense counsel and the defendant shall execute any plea or cooperation agreement, as well as the Advice of Rights form, prior to the plea. Defense counsel shall prepare the defendant to give narrative allocutions that incorporate all of the elements of the offense(s) to which the defendant is pleading guilty. H. “Brady” Disclosures 1. Materials and information required to be disclosed pursuant to Brady v. Maryland and its progeny (“Brady Material”) -- whether in written or recorded format, or otherwise -- must be disclosed to defense counsel according to the following schedule: (a) Brady Material known to the Government at the time of indictment-- other than purely impeachment materials and information required to be produced pursuant to Giglio v. United States and its progeny (“Giglio Material”) -- must be produced to defense counsel no later than two weeks following the date of the filing of the indictment, regardless of whether the parties are engaged in plea discussions. Such Brady Material includes (simply by way of example) not only information that tends to exculpate a defendant or support a potential 4 defense to the charged offense(s), but also information that tends to mitigate the degree of the defendant’s culpability or to mitigate punishment. Also, this requirement applies regardless of whether the Government credits the Brady Material. (b) Brady Material (other than Giglio Material) that becomes known to the Government following the filing of the indictment must be disclosed, absent exceptional circumstances, within two weeks of when it becomes known and, in any event, no later than four weeks prior to any trial or guilty plea. (c) Absent exceptional circumstances, Giglio Material must be disclosed four weeks prior to the date of the start of trial or guilty plea. Such material includes (simply by way of example) a witness’s prior inconsistent statements, written or oral; benefits given and promises made to the witness; information that tends to show that the witness has a personal motive to inculpate the defendant; and information that tends to show that the witness has a physical or mental impairment that could affect the witness’s ability to perceive, recall, or recount relevant events. Giglio Material developed less than four weeks before trial (e.g., as a result of further interviews of witness) must be disclosed immediately. (d) To achieve adequate compliance with the foregoing rules, the Government has a continuing obligation to seek Brady Material and Giglio Material from law enforcement and regulatory agencies that are or have been involved in the prosecution of the defendant or in parallel proceedings or investigations involving defendant. 2. The above time-tables, being necessary to fulfill the constitutional obligations imposed by Brady v. Maryland, Giglio v. United States, and their progeny, apply regardless of whether the Brady Material and Giglio Material also happen to be producible pursuant to the Federal Rules of Criminal Procedure or the Jencks Act and the time-tables applicable thereto. 3. For good cause shown, the Government may seek a protective order delaying disclosure of such materials and information, but applications for such orders should only be made in exceptional circumstances. I. Trials Please refer to Judge Schofield’s Individual Trial Rules and Procedures. J. Sentencing 1. Sentencing Adjournments. Any request for an adjournment of a sentencing shall be made as early as possible, and no later than 72 hours before the sentencing proceeding in accordance with Section B.3 above. 5 2. Sentencing Submissions. Unless otherwise ordered by the Court, a defendant’s sentencing submission shall be served seven (7) days in advance of the date set for sentencing. The Government’s sentencing submission shall be served four (4) days in advance of the date set for sentencing. 3. Public Filing. The Court assumes that every document in a sentencing submission, including letters, will be filed in the public record, through the ECF system. If letters are filed electronically, they shall be grouped and filed together as attachments to a single document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated. 4. Letters. The defendant is responsible for filing all letters submitted on behalf of the defendant, including those from friends and relatives. The Government is responsible for filing all letters from victims. The parties shall provide an English translation for any letter written in a language other than English. 5. Privacy Policy. The parties are referred to the E-Government Act of 2002 and the Southern District’s ECF Privacy Policy (“Privacy Policy”) and reminded not to include, unless necessary, any of the five categories of “sensitive information” in their submissions (i.e., social security numbers, names of minor children (use initials only), dates of birth (use year only), financial account numbers, and home addresses (use only city and state . 6. Redactions Related to Sentencing. If any material is redacted from a publicly filed document relating to sentencing, only those pages containing the redacted material will be filed under seal. Counsel shall bring to the sentencing proceeding a copy of the pages containing redactions, marked to indicate what information has been redacted from the publicly filed materials, to give to the Court for filing under seal. (a) Redactions Not Requiring Court Approval. Parties may redact the five categories of “sensitive information” and the six categories of information requiring caution (i.e., personal identifying number, medical records, treatment and diagnosis, employment history, individual financial information, proprietary or trade secret information, and information regarding an individual’s cooperation with the government), as described in the Privacy Policy, without Court approval. (b) Redactions Requiring Court Approval. If a party redacts information beyond the eleven categories of information identified in the Privacy Policy, an application filed at the time the sentencing submission is served. The application shall clearly identify the redaction and explain the reasons for the redaction. The application will be addressed at the sentencing proceeding. The party shall email an unredacted copy of the filing to [email protected]. 6

=== Patent Case Management Plan and Scheduling Order ===

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK X ----------------------------------------------------------------------- : : : : : : : : : X ---------------------------------------------------------------------- Defendant(s). Plaintiff(s), -v- __ Civ. ____ (LGS) PATENT CASE MANAGEMENT PLAN AND SCHEDULING ORDER LORNA G. SCHOFIELD, United States District Judge: The parties propose the following schedule for this matter: 1. Any party claiming infringement shall complete its disclosure of asserted claims, infringement contentions, and other items required by Local Patent Rules 3-1 and 3-2 of the Eastern District of Texas (“Texas Rules”) no later than _____________________. [45 days after the Initial Pretrial Conference] 2. Any party opposing a claim of patent infringement shall complete its invalidity contentions (per SDNY Rule 7) and shall comply with the provisions Texas Rules 3-3 and 3-4 by ______________. [45 days after No. 1] 3. The parties shall exchange proposed terms of claim elements for construction as required by Texas Rule 4-1 by ______________. [10 days after No. 2] 4. The parties shall exchange preliminary claim construction and extrinsic evidence as required by Texas Rule 4-2 by _______________. [20 days after No. 3] 5. The parties shall submit a joint claim construction and prehearing statement as required by Texas Rule 4-3 by _______________. [30 days after No. 4] 6. The parties shall complete all discovery related to claim construction, including any depositions with respect to claim construction of any witnesses, such as experts identified in the joint claim construction and prehearing statement, as required by Texas Rule 4-4 by ________________. [30 days after No. 5] 7. The parties shall appear for a case management conference on _____________ at ___ am/pm. [7 days after No. 6] Revised October 25, 2017 8. The party asserting infringement, or the party asserting invalidity if there is no infringement issue present in the case, shall file an opening claim construction brief and all supporting evidence and testimony by _______________. [30 days after No. 6] The opposing party shall file a response to the opening claim construction brief and all supporting evidence and testimony by _____________. [30 days from the filing of the opening brief] The opening party shall file a reply solely rebutting the opposing party’s response by ____________. [7 days from the filing of the response] These submissions shall be submitted in accordance with the page limitations provided in the Court’s Individual Rule III.B.1. 9. Motions for summary judgement, if any, shall be filed in accordance with the briefing schedule in No. 8. 10. The parties shall jointly file a claim construction chart as provided in Texas Rule 4-5(d) and its subparts by _______________. [4 days after the reply in No. 8] 11. The parties shall appear for a claim construction hearing on _____________ at _______ am/pm. [10 days after No. 10] 12. The party claiming infringement may file amended infringement contentions within 30 days of the Court’s claim construction ruling. The party opposing a claim of patent infringement may file amended invalidity contentions within 50 days of the Court’s claim construction ruling. Any amendments shall be filed in accordance with Texas Rule 3-6. 13. Pursuant to SDNY Rule 10, each party that will rely on an opinion of counsel as part of a defense to a claim of willful infringement or inducement of infringement, or that a case is exceptional, must produce or make available for inspection and copying the opinion(s) and any other documents relating to the opinion(s) as to which attorney-client or work product protection has been waived as a result of such production by ________________. [30 days after the Court’s claim construction ruling] 14. The producing party shall serve a privilege log identifying any other documents, except those authored by counsel acting solely as trial counsel, relating to the subject matter of the opinion(s) which the party is withholding on the grounds of attorney-client privilege or work- product protection. This Order may not be modified or the dates herein extended, except by further Order of this Court for good cause shown. Any application to modify or extend the dates herein shall be made in a written application in accordance with the Court’s Individual Rules and shall be made no less than two business days prior to the expiration of the date sought to be extended. SO ORDERED. Dated: _________________ New York, New York 2 Counsel for the Parties: _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ 3