Practices and Rules; Proposed Discovery Plan (Kuo); Order in FLSA Case: Initial Pretrial Discovery and Mediation Schedule (Kuo); Standing Confidentiality Order (Kuo); Intern and Clerk Hiring (Kuo)

=== Practices and Rules ===

INDIVIDUAL PRACTICE RULES OF MAGISTRATE JUDGE PEGGY KUO Effective May 14, 2026 United States District Court Eastern District of New York 225 Cadman Plaza East Brooklyn, New York 11201 718.613.2400 Courtroom 11C South Courtroom Deputy – Jaden Monroe I. Communications with Chambers A. Written Communications All communications with Chambers must be through the Court’s Electronic Case Filing system (ECF). (For more information on ECF, see Section II below.) In emergency situations requiring immediate attention, telephone calls to alert the Court to a filing are permitted. All documents filed on ECF with the Court on a non-business day will be deemed filed on the next business day. B. Telephone Calls Telephone calls to Chambers are not permitted except when immediate attention is required. C. Faxes Faxes are not permitted except with the prior permission of Chambers. D. E-mail E-mails are permitted only for sending confidential settlement statements to Chambers, or as otherwise directed by the Court. 1 II. Case Filings A. Mandatory Electronic Case Filing (ECF) 1. Counsel must file all documents via ECF. If you are encountering difficulties using ECF, call the ECF Help Desk at 718.613.2312 for assistance. Do not call Chambers. 2. Orders and other notices from the Court will be posted via ECF. Only parties registered for ECF or attorneys who have filed a Notice of Appearance in a particular case will receive notifications. No notifications will be sent to anyone who has not entered an appearance in a case. 3. Filing procedures for pro se cases a. Pro se litigants are not required to file on ECF but must follow instructions from the Clerk’s Office on communicating with the Court. Pro se litigants must keep current contact information on file with the Court, or risk dismissal of claims or other sanctions. b. Counsel in cases involving pro se litigants must send copies of all documents filed on ECF to the pro se party. c. Court orders will be provided to pro se litigants by U.S. mail, unless otherwise directed by the Court. d. All pro se litigants and represented parties in cases involving pro se litigants are directed to the relevant Local Civil Rules, including 7.2, 12.1, 33.2, and 56.2. e. Pro se litigants may register to receive notifications via ECF. Please inquire with the Clerks’ Office for instructions. If a pro se litigant registers to receive notifications via ECF, II(A)(3)(b) and (c) do not apply. B. Sealing of Submissions Motions for leave to file documents under seal must be filed via ECF in accordance with the EDNY’s instructions for electronically filing sealed documents. The proposed sealed document(s) must be attached to the motion for leave to file under seal. Instructions for filing sealed documents in civil and criminal cases are at: https://www.nyed.uscourts.gov/sites/default/files/uploads/ecf-usermanual.pdf For instructions on submitting confidential settlement statements, see “Settlement Conferences,” at Section III (B) below. C. Courtesy Copies or Other Correspondence Do not submit courtesy copies unless asked to do so by the Court. Copies of correspondence between or among counsel should not be sent to Chambers or filed via 2 ECF. Discovery materials should not be filed on ECF, unless it is necessary for a request for judicial intervention. (See Section VI(A)(1) below.) III. Conferences A. Initial Conferences The parties must comply with the Initial Conference Order. Ten (10) business days before the Initial Conference, the parties must meet and confer, exchange initial disclosures, and complete the Proposed Discovery Plan/Scheduling Order (https://www.nyed.uscourts.gov/sites/default/files/uploads/pk-discovplan.pdf). The completed Proposed Discovery Plan/Scheduling Order must be filed on ECF at least five (5) business days before the Initial Conference. At the Initial Conference, the parties must be prepared to give an overview of the facts and issues of the case, discuss the dates in the Proposed Discovery Plan/Scheduling Order, and outline the anticipated discovery. Counsel with knowledge of the case must attend. B. Settlement Conferences 1. Each party, or someone with settlement authority for each party (other than counsel), must be present at the conference unless prior permission has been granted to participate by telephone. 2. 3. The parties must exchange a demand and offer before the Settlement Conference. Confidential ex parte settlement statements must be e-mailed to Chambers ([email protected]) at least seven (7) business days before the conference, except as otherwise directed by the Court. Each settlement statement must contain the last demand and offer made, a realistic assessment of the strengths and weaknesses of the case, information on what is important to the client, any barriers to settlement, and anything else that will assist the Court in helping the parties reach an agreement. C. Requests to Adjourn or Otherwise Change a Conference 1. All requests for adjournment of a court date or other changes (such as a request to appear by telephone) must be made by letter and filed via ECF as a “Motion,” not a Letter. 2. Each request must state: a. the original date of the conference (if for an adjournment) and the number of previous requests; b. the reason for the request; and 3 whether the other parties consent to the request, and, if not, the reasons given for not consenting; or, if the other parties could not be reached for input, efforts made to reach those parties. 3. If a requested adjournment affects any other scheduled dates or deadlines, a Revised Proposed Discovery Plan/Scheduling Order must be attached. 4. Absent an emergency, requests must be made at least two (2) business days prior to the conference. Under no circumstances should counsel make a request for adjournment by telephone. (Counsel may, however, call the Court’s attention to a last-minute emergency request after it is filed on ECF.) IV. Extensions of Time A. All requests for an extension of time to file or respond by a court-imposed deadline must be made by letter and filed via ECF as a “Motion.” B. Each request must state: 1. 2. 3. the original deadline; the reason for the request; the number of previous requests; and 4. whether the other parties consent, and, if not, the reasons given for not consenting; or if the other parties could not be reached for input, efforts made to reach those parties. C. If a requested extension affects any other scheduled dates or deadlines, a revised Proposed Discovery Plan/Scheduling Order must be attached, and the requesting party should also request to adjourn any scheduled conferences believed to be affected. D. Absent an emergency, requests must be made at least two (2) business days prior to the deadline for which an extension is sought. V. Confidentiality Order A. B. If a party deems it necessary to have a confidentiality order in place, that order shall be in the form of the Proposed Confidentiality Order on the Chamber’s website (https://www.nyed.uscourts.gov/magistrate-judge-peggy-kuo). If a party believes that changes to the Proposed Confidentiality Order are warranted due to the circumstances of the case, it must submit any proposed changes to the Court, clearly indicating what those changes are by, for example, using a “Track Changes” function or similar method. 4 VI. Motions A. Non-Dispositive Motions All non-dispositive pretrial motions, including discovery motions, are to be made to the Magistrate Judge, unless otherwise specifically ordered. 1. Discovery Motions a. Counsel are required to discuss their disputes with one another in person or by telephone before seeking judicial intervention. Local Civil Rule 37.3(a). b. If, after conferring in accordance with VI(A)(1)(a) above, the parties are unable to resolve their discovery dispute, the parties are directed to file a joint letter briefly setting out the disputed issue. The letter may be no more than three (3) pages and must be filed via ECF as a “Motion.” If the parties’ dispute relates to a specific discovery request or requests, the parties should attach the request or requests to their joint letter. The Court will then schedule a conference to discuss the dispute, usually over the telephone. c. If the dispute cannot be resolved during the conference, the Court may order the parties to brief a motion to compel. d. Unless it is necessary for a joint discovery letter or a Court-ordered motion to compel, no discovery material should be filed on the docket. 2. Non-Discovery Motions a. At least two days prior to filing a non-dispositive non-discovery motion, the moving party must contact the other parties to inform them of the moving party’s intent to file the motion and give the non-moving parties the opportunity to consent. The motion, when filed, must be accompanied by a letter certifying compliance with this rule, and stating whether the non-moving parties consent to the motion or, if the other parties could not be reached for input, the moving party’s efforts to reach them. b. No pre-motion conference with the Court is required before making non- dispositive non-discovery motions. c. Unless otherwise ordered by the Court, responses in opposition to a non- dispositive non-discovery motion must be filed within ten (10) business days after the motion is filed. Replies must be filed within five (5) business days after the response is filed. d. Unless prior permission has been granted, memoranda of law in support of, or in opposition to, motions are limited to twelve (12) pages, double-spaced and reply memoranda are limited to five (5) pages, double-spaced. 5 B. Dispositive Motions All dispositive motions, including summary judgment motions and motions to dismiss, are to be made to the District Judge, unless all parties have consented in writing to determination by the Magistrate Judge in accordance with 28 U.S.C. § 636 (c)(1). Parties wishing to consent to the Magistrate Judge’s jurisdiction for the entire case, should complete and file this form: https://www.uscourts.gov/forms/civil-forms/notice- consent-and-reference-civil-action-magistrate-judge. Parties wishing to consent to the Magistrate Judge’s jurisdiction for a particular dispositive motion, should complete and file this form: https://www.uscourts.gov/forms/civil- forms/notice-consent-and-reference-dispositive-motion-magistrate-judge. For all dispositive motions before Judge Kuo on consent, the following rules apply: 1. A motion requesting a pre-motion conference is required before any dispositive motion may be filed. The request must be accompanied by a summary of the proposed motion, not to exceed three (3) pages. Responses are limited to three (3) pages and must be filed within five (5) business days of the request. Replies are not permitted. The time in which to respond may be modified at the request of the parties or sua sponte. 2. A briefing schedule for the motion will be set at the pre-motion conference, if necessary. 3. Unless prior permission has been granted, memoranda of law in support of or in opposition to dispositive motions are limited to twenty-five (25) pages, double- spaced, and reply memoranda are limited to ten (10) pages, double-spaced. Length limitations may be modified at the pre-motion conference. C. Motions Implicating Federal Rule of Appellate Procedure 4(a)(4)(A) or Similar Time-Limiting Rules If any party concludes in good faith that delaying the filing of a motion in order to comply with any aspect of these Individual Practice Rules will deprive the party of a substantive right, the party may file the motion within the time required by the Federal Rules of Civil Procedure and/or the Federal Rules of Appellate Procedure, together with an explanation of the basis for the conclusion. D. Oral Argument Parties may request oral argument by letter accompanying moving, opposition, or reply papers. The Court will determine whether argument will be heard and, if so, will advise counsel of the argument date and time. The Court may also order oral argument sua sponte. The parties are not limited to one oralist per side. More than one person may speak on behalf of each party at oral argument, but the division of responsibility must be 6 conducive to the orderly conduct of oral argument, and the person with the best knowledge of the issue is encouraged to speak to that side. VII. Trials on Consent A. Proposed Joint Pretrial Order in Civil Cases Unless otherwise ordered by the Court, within sixty (60) days from the date of the completion of discovery in a civil case, the parties must submit to the Court a proposed Joint Pretrial Order, which shall include the following: 1. 2. 3. 4. Caption: The full caption of the action. Parties and Counsel: The names (including firm names), addresses, telephone numbers, fax numbers, and e-mail addresses of trial counsel. Jurisdiction: A brief statement by Plaintiff as to the basis of subject matter jurisdiction and a brief statement by each other party as to the presence or absence of subject matter jurisdiction. Such statements must include citations to a) all statutes and legal doctrines relied on and b) relevant facts as to citizenship and amount in controversy. Claims and Defenses: By each party, a brief summary of the elements of the claims and defenses that the party has asserted and that remain to be tried. The summary must include citations to all relevant statutes. 5. Damages: A brief statement of the categories and amounts of damages claimed or other relief sought. 6. Jury or Bench Trial: A statement by each party as to whether the case is to be tried with or without a jury, and the number of trial days needed. 7. Stipulations: A statement of stipulated facts, if any. 8. Witnesses: From each party, a list of names and addresses for the fact and expert witnesses whose testimony is to be offered in the party’s case-in-chief, as well as any anticipated rebuttal witnesses, together with a brief narrative statement of each witness’s expected testimony. Only listed witnesses will be permitted to testify unless prompt notice is given and good cause is shown. 9. Deposition Testimony: By each party, a designation of deposition testimony to be offered by the party in its case-in-chief, along with any cross-designations and objections by any other party. 10. Exhibits: A schedule listing exhibits to be offered in evidence and, if not admitted by stipulation, the party or parties offering each exhibit. The schedule shall also include possible impeachment documents and/or exhibits, and exhibits to be offered only on rebuttal. Plaintiff’s exhibits are to be identified with the prefix “P” followed by a number. Defendant’s exhibits are to be identified by the prefix “D” followed by a 7 number. The parties must list and briefly describe the basis for any objections to the admissibility of any exhibits to be offered by any other party. Parties are expected to resolve before trial all issues concerning authenticity, chain of custody, and other related grounds. Only exhibits listed will be received in evidence, except for good cause shown. 11. Motions in Limine: A list of any proposed motions addressing evidentiary or other issues that should be resolved in limine. B. Exchange of Exhibits All exhibits must be pre-marked for trial and exchanged between or among the parties at least ten (10) business days before trial. If an exhibit is voluminous, it should be placed in a binder with tabs. The Court needs four (4) copies of all exhibits for use at trial. C. Additional Filing Prior to Trial in Jury Cases Unless otherwise ordered by the Court, requests to charge and proposed voir dire questions for the jury shall be filed on ECF one (1) week before trial. Requests to charge are limited to the elements of the claims, the damages sought, and defenses. General instructions will be prepared by the Court. D. Additional Filing Prior to Trial in Non-Jury Cases In non-jury cases, a statement of the elements of each claim or defense involving that party, together with a summary of the facts relied upon to establish each element shall be filed on ECF one (1) week before trial. VIII. Courtroom Opportunities for Relatively Inexperienced Attorneys A. The participation of relatively inexperienced attorneys in all Court proceedings, including, but not limited to, initial conferences, status conferences, settlement conferences, and hearings on discovery and dispositive motions, is strongly encouraged. B. All attorneys appearing should have the degree of authority consistent with the proceeding. For example, an attorney attending an initial conference on behalf of a party must have the authority to commit that party to a discovery schedule and should be prepared to address other matters likely to arise, including the party’s willingness to participate in mediation or a settlement conference. C. Relatively inexperienced attorneys who seek to participate in hearings of substantial complexity (e.g., oral argument for a dispositive motion), should be accompanied and supervised by a more experienced attorney, but the less experienced attorney should be given a full opportunity to present the arguments and answer the Court’s questions. 8

=== Proposed Discovery Plan (Kuo) ===

Case Name: ________________________________________________ Case Number: ____ CV - ________ ( _____ ) (PK) PROPOSED DISCOVERY PLAN/SCHEDULING ORDER A. ACTIONS REQUIRED BEFORE THE INITIAL CONFERENCE DONE NOT APPLICABLE DATE 1. Rule 26(f) Conference held 2. Rule 26(a)(1) disclosures exchanged 3. Requested: a. Medical records authorization b. Section 160.50 releases for arrest records c. Identification of John Doe/Jane Doe defendants 4. Procedures for producing Electronically Stored Information (ESI) discussed 5. Confidentiality Order to be submitted for court approval (see Standing Confidentiality Order on the Chambers website) B. SETTLEMENT PLAN 1. Plaintiff to make settlement demand 2. Defendant to make settlement offer 3. Referral to EDNY mediation program pursuant to Local Rule 83.8? (If yes, enter date for mediation to be completed) 4. Settlement Conference (proposed date) C. PROPOSED DEADLINES 1. Motion to join new parties or amend pleadings 2. Initial documents requests and interrogatories 3. All fact discovery to be completed (including disclosure of medical records) 4. Joint status report certifying close of fact discovery and indicating whether expert discovery is needed Rev. 11-03-20 5. Expert discovery (only if needed) Check here if not applicable  DONE NOT APPLICABLE DATE Plaintiff expert proposed field(s) of expertise: Defendant expert proposed field(s) of expertise: a. Affirmative expert reports due b. Rebuttal expert reports due c. Depositions of experts to be completed 6. Completion of ALL DISCOVERY (if different from C.3) 7. Joint status report certifying close of ALL DISCOVERY and indicating whether dispositive motion is anticipated 8. If any party seeks a dispositive motion, date to (a) file request for pre-motion conference (if required), or (b) file briefing schedule for the motion 9. Proposed Joint Pre-Trial Order due (if no dispositive motion filed) D. CONSENT TO MAGISTRATE JUDGE JURISDICTION 1. All parties consent to Magistrate Judge jurisdiction for dispositive motion? 2. All parties consent to Magistrate Judge jurisdiction for trial?  Yes  No  Yes  No E. COLLECTIVE ACTION AND CLASS ACTION MOTIONS ONLY 1. Motion for collective action certification in FLSA cases a. Response due b. Reply due 2. Motion for Rule 23 class certification a. Response due b. Reply due This Scheduling Order may be altered or amended only upon a showing of good cause based on circumstances not foreseeable as of the date of this order. SO ORDERED: ___________________________ _______________________ PEGGY KUO Date United States Magistrate Judge Rev. 11-03-20

=== Order in FLSA Case: Initial Pretrial Discovery and Mediation Schedule (Kuo) ===

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------------------------------------------X [Plaintiff(s) Name(s)] Plaintiff(s), -- CV----- (---)(PK) v. [Defendant(s) Name(s)] Defendant(s). ------------------------------------------------------------------------X ORDER IN FLSA CASE: INITIAL PRETRIAL DISCOVERY AND MEDIATION SCHEDULE The Federal Rules of Civil Procedure require a pretrial schedule tailored to the circumstances of each case. Fed. R. Civ. P. 16, 1. The following order implements that requirement for cases based on the Fair Labor Standards Act (FLSA). The Rule 26(a)(l) provisions on initial disclosures are waived in this case. Instead, the parties must utilize the following discovery protocol and comply with the following deadlines and requirements: 1. Prior to [45 DAYS] the parties must serve on each other (but not file) the following: Plaintiff must provide:1 (1) The documents in Plaintiff’s possession, custody, or control that pertain to the unpaid wages claimed in the Complaint. (2) A written submission that includes: (a) a description of the period of time Plaintiff worked for Defendant; (b) Plaintiff’s job title, description of job duties, and name of immediate supervisor; (c) an accounting of Plaintiff’s claim, including dates, regular hours worked, over-time hours worked, pay received versus pay claimed, and tips or other compensation; (d) whether Plaintiff is 1 If there is more than one plaintiff or defendant, the singular reference to the Plaintiff or Defendant includes the plural. 1 entitled to a prevailing wage, and if so, the rate; (e) the nature of the claim (e.g., failed to pay any wages, failed to pay minimum wage, failed to pay overtime, required off-the-clock work, failed to pay tips, misclassified as exempt employee, failed to provide proper paystubs, failed to provide proper notices, failed to pay spread of hours). (3) If Plaintiff has brought a collective action, a written description of the class of employees that Plaintiff seeks to include in this action, and a brief description of the commonalities between Plaintiff and the proposed opt-ins. Plaintiff must also indicate whether an opt-in notice has been filed for every potential opt-in plaintiff who has identified himself or herself as a person who wishes to join this action. (4) A written description of all attorney's fees and costs incurred to date. With respect to attorney's fees, Plaintiff must provide the hourly rate(s) sought and the number of hours expended by each person who has billed time to this case. Defendant must provide: (1) The time sheets or other time records and payroll records in Defendant's possession, custody, or control that pertain to work Plaintiff performed during the period for which Plaintiff claims unpaid wages. (2) Any written statement of policy, workplace rules, or handbook setting out the policies and practices on compensating workers performing the relevant type of work. (3) To the extent the personal liability of any individual Defendant is disputed (e.g., Defendant was not an owner or manager), provide documentary evidence to support this position. (4) To the extent Defendant contends that its finances should be considered in evaluating its settlement position, Defendant must produce financial documentation to Plaintiffs’ counsel, and that documentation must be treated as confidential. (5) In collective actions, the exchange of documents and information set forth in Paragraph 1 will occur for the named Plaintiffs and for the opt-in Plaintiffs who join the action before a court-approved opt-in notice is issued. This document exchange will occur within 21 days after the opt-in notices are filed with the court. 2 2. By [45DAYS + 18 DAYS] after the exchange of the documents and information required in Paragraph 1, counsel for the Plaintiff and the Defendant must meet and confer in person in a good-faith effort to settle all pending issues, including attorneys’ fees and costs.2 The parties, including a representative of each corporate party with full authority, must, at a minimum, be available by telephone during the conference to consider and approve any settlement. 3. By [45 DAYS + 18 DAYS + 7 DAYS, within 7 days after the conference referenced in paragraph 2 above, counsel must file a Joint Status Report Regarding Settlement that notifies the Court whether: (1) the parties have reached an agreement in principle to settle the case and will be submitting that agreement to the Court for review and approval, or (2) if the parties were unable to settle the matter on their own, the parties will participate in a formal mediation conference, in accordance with Local Civil Rule 83.8, before an EDNY mediator or a private mediator of their choosing, to be completed by [45 DAYS + 18 DAYS + 7 DAYS +60 DAYS], 4. Within 7 days after the completion of mediation, counsel must file a Joint Status Report Regarding Mediation and indicate whether: (1) the parties have reached an agreement in principle to settle the case and will be submitting that agreement to the Court for review and approval; or (2) the parties request a settlement conference before Judge Kuo (who, on the parties’ consent, will have the authority to approve the settlement as a "fair and reasonable resolution of a bona fide dispute" over FLSA issues, upon the joint submission of a motion for judicial approval that attaches a copy of the final settlement agreement); or (3) the parties agree that they have exhausted all early settlement efforts, have held the required Rule 26(f) conference, and are filing a Proposed Discovery Plan, using the attached form. 5. Until the parties filed the Proposed Discovery Plan, all discovery is STAYED except as provided in this Order. 2 In the case of an individual party who is not represented by counsel, the individual must comply with the provisions of this Order. 3 6. In the event no settlement is reached under these procedures, and this Court later grants a motion permitting notice to be sent to similarly situated individuals advising them of their right to opt-in, the limitations period for any person receiving notice will be tolled from the date of this Order until the parties file their Rule 26(f) Proposed Discovery Plan lifting the stay on these proceedings. 7. If the parties settle at any time, including after discovery has commenced, they must immediately advise the Court and promptly submit a joint motion to approve the settlement. 8. Due to the volume of cases brought under the FLSA, the Court expects strict adherence to these deadlines and requirements. Exceptions will be granted only for compelling reasons. Failure to comply is a violation of a court order and sanctionable on that basis. 9. The parties may move to alter this schedule for good cause only after the parties confer, and by joint letter request filed via this Court's ECF system. SO ORDERED: PEGGY KUO United States Magistrate Judge Dated: Brooklyn, New York _____________, 201_ 4

=== Standing Confidentiality Order (Kuo) ===

Case Name: ___________________________________________ Case Number: ____ CV - ________ ( _____ ) (PK) CONFIDENTIALITY ORDER It is hereby ordered that the following provisions shall govern claims of confidentiality in these proceedings: (a) The following documents and information may be designated as “confidential,” provided such documents are not public and have not previously been disclosed by the producing party to anyone except those in its employment or those retained by it [check all that apply]: Sensitive Commercial Data, such as confidential or proprietary research, development, manufacturing, or commercial or business information, trade secrets, special formulas, company security matters, customer lists, financial data, projected sales data, production data, matters relating to mergers and acquisitions, and pricing data. Sensitive Personal Data, such as personal identifiers, financial information, tax records, and employer personnel records. Medical and Legal Records, including medical files and reports. Non-public criminal history. (b) If any party believes a document not described in the above paragraph should nevertheless be considered confidential, it may make application to the Court. Such application shall only be granted for good cause shown. (c) An attorney for the producing party may designate documents or parts thereof as confidential by stamping the word “confidential” on each page. If such information is provided in an answer to an interrogatory, the attorney may separately append the information to the main body of the interrogatory responses, mark such appendices “confidential,” and incorporate by reference the appended material into the responses. At the time of a deposition or within 10 days after receipt of the deposition transcript, a party may designate as confidential specific portions of the transcript which contain confidential matters under the standards set forth in paragraph (a) above. This designation shall be in writing and served upon all counsel. No objection shall be interposed at deposition that an answer would elicit confidential information. Transcripts will be treated as confidential for this 10-day period. Any portions of a transcript designated confidential shall thereafter be treated as confidential in accordance with this Order. The confidential portion of the transcript and any exhibits referenced solely therein shall be bound in a separate 1 REV. 4-20-20 volume and marked “Confidential Information” by the reporter. (d) Documents designated “confidential” shall be shown only to the attorneys, parties, experts, actual or proposed witnesses, court personnel and other persons necessary to review the documents for the prosecution or defense of this lawsuit. Each person who is permitted to see confidential documents shall first be shown a copy of this Order and shall further be advised of the obligation to honor the confidential designation. Each person who is permitted to see confidential documents, who is not a party or an attorney for a party, shall be required to sign an agreement to be bound by this Order, attached hereto as Exhibit A. The parties agree that any confidential discovery material produced in this litigation may only be used in connection with this litigation. (e) Review of the confidential documents and information by counsel, experts, or consultants for the litigants in the litigation shall not waive the confidentiality of the documents or objections to production. (f) The inadvertent, unintentional, or in camera disclosure of a confidential document and information shall not generally be deemed a waiver, in whole or in part, of any party’s claims of confidentiality. If at any time prior to trial, a producing party realizes that some portion(s) of the discovery material that the party produced should be designated as “confidential,” the party may so designate by apprising all parties in writing, and providing that the material has not already been published or otherwise disclosed, such portion(s) shall thereafter be treated as confidential under this Order. (g) If a party believes that a document designated or sought to be designated confidential by the producing party does not warrant such designation, the party shall first make a good-faith effort to resolve such a dispute with opposing counsel. In the event that such a dispute cannot be resolved by the parties, either party may apply to the Court for a determination as to whether the designation is appropriate. The burden rests on the party seeking confidentiality to demonstrate that such designation is proper. (h) The parties shall comply with the Eastern District of New York’s Steps for E-Filing Sealed Documents in Civil cases, located at https://www.nyed.uscourts.gov/sites/default/files/forms/EfilingSealedCV.pdf, if they wish to move to file a document under seal. (i) Within a reasonable period after the conclusion of the litigation, all confidential material shall be returned to the respective producing parties or destroyed by the recipients. (j) In any application to the Court referred to or permitted by this Order, the Court may exercise discretion in determining whether the prevailing party in such a dispute may recover the costs incurred by it and, if so, the amount to be awarded. 2 REV. 4-20-20 (k) This Court shall retain jurisdiction over all persons subject to this Order to the extent necessary to enforce any obligations arising hereunder. Dated: Dated: Counsel for Counsel for SO ORDERED: Dated: Brooklyn, New York ___________, 20___ PEGGY KUO United States Magistrate Judge 3 REV. 4-20-20 EXHIBIT A I have been informed by counsel that certain documents or information to be disclosed to me in connection with the matter entitled: have been designated as confidential. I have been informed that any such documents or information labeled “confidential” are confidential by Order of the Court. I hereby agree that I will not disclose any information contained in such documents to any other person. I further agree not to use any such information for any purpose other than this litigation. [Signature] Signed in the presence of: (Attorney) DATED: _______________ 4 REV. 4-20-20

=== Intern and Clerk Hiring (Kuo) ===

MAGISTRATE JUDGE PEGGY KUO United States District Court Eastern District of New York 225 Cadman Plaza East Brooklyn, New York 11201 Information for Clerkship and Internship Applicants Judicial Internships: Overview Judicial interns work closely with Judge Kuo and her law clerks, and will have the opportunity to observe various court proceedings in addition to producing substantive legal work. Applicants must be current law students who are interested in federal court litigation and possess strong legal research and writing skills. Academic year internships (spring or fall) may be part-time or full-time. Summer internships are full-time for 8-10 weeks. Start and end dates are flexible. How to Apply Interested applicants should e-mail the following materials to [email protected]: (1) cover letter, (2) current resume, (3) law school transcript, (4) a writing sample, preferably a piece of legal writing, no more than 10 pages in length (preferably shorter) and (5) the names, e-mail addresses, and telephone numbers of three professional references, including at least one faculty member at the applicant’s law school. Deadlines Spring and Fall: Applications will be reviewed on a rolling basis, but must be submitted by December 15th for the spring and July 15th for the fall. Summer: Applications will be reviewed on a rolling basis beginning on January 15th. Additional Information The Court is unable to provide compensation to interns. Interns are encouraged to seek outside sources of funding, if necessary. In addition, summer interns are responsible for securing their own housing in the New York City area. Clerkships: Prospective clerkship applicants should consult OSCAR (https://oscar.uscourts.gov) to determine whether Judge Kuo is currently hiring. All applications must be submitted via OSCAR.