UNITED STATES DISTRICT COURT FOR THE …

1 UNITED STATES DISTRICT COURTFOR THEWESTERN DISTRICT OF NEW YORKLOCAL rules OF civil PROCEDURE(Effective January 1, 2017) UNITED STATES DISTRICT COURTWESTERN DISTRICT OF NEW YORK_____ IN RE ADOPTION OF LOCAL rules OF civil PROCEDUREFOR THEWESTERN DISTRICT OF NEW YORK_____ These rules were prepared by the Judges of the UNITED STATES DISTRICT COURT forthe western DISTRICT of New york , in collaboration with the federal is so ordered that these rules , as amended, shall apply to all actionscommenced on or after January 1, 2017, and, insofar as just and practicable, all actionsthen pending. _____ FRANK P. GERACI, A. WOLFORDC hief UNITED STATES DISTRICT JudgeUnited STATES DISTRICT Judge_____LAWRENCE J. VILARDO MICHAEL A. TELESCAU nited STATES DISTRICT JudgeSenior UNITED STATES DISTRICT Judge_____DAVID G.

2 LARIMERCHARLES J. SIRAGUSAS enior UNITED STATES DISTRICT JudgeSenior UNITED STATES DISTRICT Judge_____RICHARD J. ARCARAWILLIAM M. SKRETNYS enior UNITED STATES DISTRICT JudgeSenior UNITED STATES DISTRICT JudgeUNITED STATES DISTRICT COURTWESTERN DISTRICT OF NEW YORKUNITED STATES DISTRICT COURT JUDGESF rank P. Geraci, Jr., Chief Courthouse, Rochester, NYElizabeth A. Courthouse, Rochester, NYLawrence J. Courthouse, Buffalo, NYMichael A. Telesca, Senior Courthouse, Rochester, NYDavid G. Larimer, Senior Courthouse, Rochester, NYCharles J. Siragusa, Senior Courthouse, Rochester, NYRichard J. Arcara, Senior Courthouse, Buffalo, NYWilliam M. Skretny, Senior Courthouse, Buffalo, NYUNITED STATES BANKRUPTCY JUDGESCarl L. Bucki, Chief Judge.. Courthouse, Buffalo, NYMichael J. Courthouse, Buffalo, NYPaul R. Warren.. Courthouse, Rochester, NYUNITED STATES MAGISTRATE JUDGESJ onathan W. Courthouse, Rochester, NYH.

3 Kenneth Schroeder, Courthouse, Buffalo, NYMarian W. Courthouse, Rochester, NYJeremiah J. Courthouse, Buffalo, NYMichael J. Courthouse, Buffalo, NY Leslie G. Courthouse, Buffalo, NYHugh B. Courthouse, Buffalo, NYCLERK OF UNITED STATES DISTRICT COURTMary C. , NYCLERK OF UNITED STATES BANKRUPTCY COURTLisa , NYUNITED STATES ATTORNEYW illiam J. Hochul, , NYFEDERAL PUBLIC DEFENDERM arianne , NYCHIEF PROBATION OFFICERA nthony M. San , NYUNITED STATES MARSHALC harles F. Salina ..Rochester, NYTERRITORIAL JURISDICTIONC ounties of:AlleganyGeneseeOrleansWyomingCattarau gusLivingstonSchuylerYatesChautauquaMonr oeSenecaChemungNiagaraSteubenErieOntario WayneWith the waters STATES DISTRICT COURTWESTERN DISTRICT OF NEW YORKLOCAL rules OF civil PROCEDURETABLE OF CONTENTSRULE COURT ..-1-RULE OF LOCAL 3 civil COVER AND SERVING SE OF COMPLAINTS AND DOCUMENTS IN civil OF FEES IN IN SOCIAL SECURITY OF MISCELLANEOUS CASES AND IRREGULAR 7 MOTION 9 REQUIREMENT TO FILE A RICO CASE 10 FORM OF 15 AMENDING 16 ALTERNATIVE DISPUTE RESOLUTION AND PRETRIAL CONFERENCES.

4 -17-RULE 23 CLASS 26 GENERAL rules GOVERNING 41 DISMISSAL OF ACTIONS AND APPROVAL OF CERTAIN 47 JURY TRIALS - civil 55 DEFAULT 56 MOTIONS FOR SUMMARY 58 SATISFACTION OF 65 TEMPORARY RESTRAINING ORDERS AND PRELIMINARY 72 REVIEW OF MAGISTRATE JUDGE S 73 CONSENT TO A MAGISTRATE 81 REMOVED ACTIONS AND BANKRUPTCY ADMISSION TO OF RECORD - APPEARANCE AND OF AND RECORDING PRACTICE OF rules are the Local rules of civil Procedure for the UNITED STATES DistrictCourt for the western DISTRICT of New york . They supplement the Federal rules of CivilProcedure ( ) and are numbered to conform therewith. The Local rules ofCivil Procedure shall be cited as RULE COURT Wherever these rules refer to the COURT , Judge , or similar term, the termincludes a Magistrate Judge, unless the context requires OF LOCAL RULESC opies of these Local rules and all COURT documents referenced herein areavailable at the Clerk s Offices in Buffalo and Rochester, and on the COURT s webpage athttp:\\ The following documents may be modified from time totime, at the COURT s discretion.

5 Counsel and pro se litigants are expected to comply withthe most current rules , plans and procedures . #Administration of DISTRICT COURT Fund#Alternative Dispute Resolution Plan#Amended Plan for the Disposition of Pro Se Cases #CM/ECF Administrative procedures Guide# DISTRICT COURT Schedule of Fees#Guidelines for Bills of Costs#Judge s Individual rules #Jury Plan#Standing Orders -1-Persons, other than litigants permitted to proceed in forma pauperis, who wish toobtain a copy of these Local rules and/or other documents by mail must provide a self-addressed envelope at least 9" x 12" in size with sufficient postage affixed. RULE 3 civil COVER SHEETA completed civil cover sheet on a form available on the COURT s website, ,or from the Clerk s Office, shall be submitted with everycomplaint, notice of removal, or other document initiating a civil action. Thisrequirement is solely for administrative purposes, and matters appearing on the civilcover sheet have no legal effect in the 4 SUMMONSIn conformity with 4(c), in all civil actions filed in this COURT , serviceshall be made other than by the UNITED STATES Marshal Service, except for the followingcircumstances:(a)service of process on behalf of the UNITED STATES ;(b)service of process on behalf of litigants proceeding pro se who are authorized toproceed in forma pauperis pursuant to 28 1915;(c) service of process on behalf of litigants authorized to proceed as seamen under 1916;(d)service of writs of seizure, attachment, forfeiture, or execution; or(e)service of process pursuant to a specific order of this of service shall be filed with the Clerk of AND SERVING PAPERS(a) Filing procedures .

6 All civil cases filed in this COURT are assigned to the ElectronicCase Filing System ( ECF ). The procedures for electronic filing and anyexceptions to the electronic filing requirements are set forth in the CM/ECFA dministrative procedures Guide which is available on the COURT s website, All pleadings and other papers shall be filed and-2-served in accordance with the Federal rules of civil Procedure and the CM/ECFA dministrative procedures Guide.(b) Filing Fees. A party commencing an action or removing an action from a statecourt must pay to the Clerk of COURT the statutory filing fee, found in the DistrictCourt Schedule of Fees available on the COURT s website, , before the case will be docketed and processissued. Indigent litigants should refer to (c) for information onobtaining relief from this requirement.(c) Case Assignment. Upon filing, civil cases are assigned to a Judge in eitherBuffalo (typically, cases arising in Allegany, Cattaraugus, Chautauqua, Erie,Genesee, Niagara, Orleans and Wyoming counties), or Rochester (typically, casesarising in Chemung, Livingston, Monroe, Ontario, Schuyler, Seneca, Steuben,Wayne and Yates counties).

7 The COURT may transfer cases within the DISTRICT , suasponte. Parties requesting transfer of a case from Buffalo to Rochester, or viceversa, shall file a written motion requesting such relief, returnable before theJudge to whom the case is originally assigned.(d) Date-Stamped Copies. Parties requesting date-stamped copies of filed documentsmust provide a paper copy for date-stamping, and a self-addressed, adequately-sized envelope with proper postage affixed.(e) Related Cases. Each attorney appearing in a civil case has a continuing duty tonotify the Clerk promptly when the attorney has reason to believe that said caseis related to some other pending civil or criminal action(s) such that itsassignment to the same Judge would avoid unnecessary duplication of judicialeffort. As soon as the attorney becomes aware of such a relationship, the attorneyshall notify the Clerk of COURT by letter of the relevant facts, and the Clerk of Courtwill transmit that notification to the Judges to whom the cases have beenassigned.

8 (f)Title 11. Pursuant to 28 157(a) any and all cases under Title 11 and anyand all proceedings arising under Title 11 or arising in or related to a case underTitle 11 are referred to the Bankruptcy Judges for this DISTRICT . If a BankruptcyJudge or DISTRICT Judge determines that entry of a final order or judgment by aBankruptcy Judge would not be consistent with Article III of the UNITED StatesConstitution in a particular proceeding referred under this Local Rule anddetermined to be a core matter, the Bankruptcy Judge shall, unless otherwiseordered by the DISTRICT COURT , hear the proceeding and submit proposed findingsof fact and conclusions of law to the DISTRICT COURT . The DISTRICT COURT may treatany order of the Bankruptcy COURT as proposed findings of fact and conclusionsof law in the event the DISTRICT COURT concludes that the Bankruptcy Judge couldnot have entered a final order or judgment consistent with Article III of the UnitedStates Constitution.

9 (g) Service by Overnight Delivery. All papers, other than a subpoena or a summonsand complaint, may be served on counsel of record by overnight delivery service-3-at the address designated by the attorney for that purpose, or if none isdesignated, at the attorney s last known address. Service by overnight deliveryshall be complete upon deposit of the paper(s), enclosed in a properly addressedwrapper, into the custody of the overnight delivery service, prior to the latest timedesignated by the service for overnight delivery. Overnight delivery service shallbe deemed service by mail for purposes of 5 and 6. Overnightdelivery service means any delivery service which regularly accepts items forovernight delivery to any address within the COURT s SE ACTIONS(a) Filing Complaints. A pro se plaintiff who is filing an action based on socialsecurity, employment discrimination, or non-prisoner or prisoner civil rightsclaims, should file the complaint on the COURT s standard form for that type ofaction, available on the COURT s website, , or in theClerk s Office.

10 A complaint that is not filed on the appropriate COURT form may bereturned to the plaintiff for refiling on the proper form, if a Judge so directs. (b) Filing Habeas Petitions. Habeas corpus petitions under 28 2241, 2254and 2255 should be filed on the applicable petition form, available on the COURT swebsite, , or in the Clerk s Office. Section 2255cases are to be filed without charge. A petition that is not filed on the appropriateCourt form may be returned to the petitioner for refiling on the proper form, if aJudge so directs.(c) In Forma Pauperis Applications. An indigent pro se litigant may seek in formapauperis status to file their action without payment of the filing fee. To do so, thelitigant must complete the in forma pauperis motion and affirmation form availableon the COURT s website, , or in the Clerk s Office,and file it along with the complaint or petition. The case will be given a civildocket number and the in forma pauperis motion will be submitted to a Judge.