Posted: February 26, 2020

Judge Garaufis Updates Individual Rules (Description of Changes Below)

Posted by Solomon N. Klein, Litigation Partner

Judge Nicholas G. Garaufis has updated his Individual Rules. As a service to practitioners that are already familiar with the Judge’s rules, below are the changes of note.

♦ Only counsel of record familiar with the case may appear (no per diem counsel permitted). (Rule III.)

♦ Sentencing memoranda must be filed no later than five days before the sentencing hearing (schedule for sentencing motions remain unchanged). (Rule IX.)

Of Note: Counsel should be aware that the Judge’s Individual Rules contain a relatively new requirement for cases based on diversity jurisdiction involving certain types of entities (e.g., LLC’s and partnerships), which have citizenship tests that are different from traditional corporations. Prior to the first in-person conference, the Court requires the party asserting jurisdiction to submit a letter to the Court explaining the basis of citizenship for those entities. (Rule IV(G).)

(I am not aware of others courts in the EDNY that have this requirement regarding LLC’s and similar entities, but it is one possible solution to a diversity jurisdiction pitfall previously described in detail here and here.)

Posted by Solomon N. Klein, Litigation Partner

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