One Bowling Green
New York, NY 10004-1408
Chambers: (212) 668-5660
Courtroom Deputy: Lynda Calderon
Law Clerk: Raff Ferraioli
Law Clerk: Sara Tapinekis
Unless otherwise ordered, matters before Judge Vyskocil shall be conducted in accordance with any Case Management Order entered in the case and, to the extent not inconsistent, the following practices:
• Pursuant to Local Rule 5070-1, a moving party or applicant must contact Chambers to obtain a hearing date prior to filing and serving a motion, cross-motion, application or any other request for relief requiring a hearing. All scheduling requests shall be directed to Lynda Calderon, Courtroom Deputy.
• Requests for relief requiring a hearing that are filed without first obtaining a hearing date will not be scheduled for hearing on the Court’s calendar.
• Parties may not grant extensions of time on briefing without prior consent from Chambers, which consent shall be provided either on the record at a hearing or by means of an endorsed order, a proposed form of which shall be provided to Chambers by the parties.
• Adjournments, other than those requested and granted at a hearing, will be granted only if agreed to by all parties seeking or opposing the relief in question or, after consent is sought and denied, the adjournment is granted by the Court upon a written request to Chambers. All such written requests shall be copied to the other side and state the basis for the request. The moving party must contact the Courtroom Deputy to obtain an adjourn date. Notwithstanding the foregoing, pre-trial conferences and status/case conferences may not be adjourned on consent. Pre-trial conferences and status/case conferences may only be adjourned if approved by Judge Vyskocil.
• Requests for adjournment shall be made to Chambers by no later than 12:00 noon on the business day before the scheduled hearing. Requests made after that time will be granted only where good cause exists for the untimely request.
• All adjournments must be noticed with the filing and service of a “Notice of Adjournment” prior to the original hearing date. A hearing will not be officially adjourned until the Notice of Adjournment is filed on the Electronic Case Filing (ECF) System.
• Parties must contact Chambers prior to filing an order to show cause. (See Local Rule 9077-1(a)). Counsel shall be prepared to submit the following documents for the Court’s review: a copy of the underlying motion, proposed order to show cause (in Word or WordPerfect format only) and one or more supporting affidavits in accordance with Local Rule 9077-1.
• If the request for an order to show cause is granted, the papers must be filed on the Electronic Case Filing (ECF) system. The Court will contact the movant regarding the disposition of the requested order to show cause.
• Parties wishing to move by notice of presentment shall consult Local Bankruptcy Rules 9074-1 and 2002-2 to determine what matters may be handled on presentment. These rules also describe the notice and filing requirements when presenting a motion or application by presentment.
• Motions for relief from stay will not be considered on presentment.
• Parties do not need to contact Chambers to schedule a date and time for presentment but do need to contact the Courtroom Deputy for a hearing date in the event there is an objection.
• After the applicable objection period has passed, the underlying motion and an electronic version of the proposed order in Word or WordPerfect format shall be submitted to Chambers prior to the scheduled date and time for presentment. The cover must contain a representation that (i) the movant sought relief by notice of presentment and (ii) the objection period has passed and no objections were filed.
• Proposed orders must be submitted with the moving papers in Word or WordPerfect format.
• Following the conclusion of the hearing, proposed orders may be submitted by mail, hand delivery to Chambers or by email.
o Orders submitted by hand delivery to Chambers or by mail must contain a hard copy of the order, accompanied by a CD Rom or flash drive containing an electronic copy of the order in Word or WordPerfect format.
o Orders submitted by email shall be sent to email@example.com in Word or WordPerfect format only.
o Proposed orders shall not be emailed to individual members of Chambers or the Clerk’s Office, unless you are instructed to do so.
• In addition to the requirements set forth above, any proposed orders submitted by email after the Court has ruled must be accompanied by a cover note that contains the following information:
o The name, telephone number and email address of the person submitting the order.
o The case name and the ECF document numbers of the relevant motion papers.
o If the relief was granted by the Court, the cover must contain a representation that the relief was granted and the date on which it was granted.
• Requests for 2004 orders shall be submitted on presentment, however the Court in its discretion may require notice and a hearing.
• If circumstances warrant, requests for 2004 orders may be submitted ex parte, however the Court in its discretion may require notice and a hearing.
• Requests for filing and maintaining information under seal may be submitted ex parte and must indicate the grounds for sealing. A party requesting sealing must submit to Chambers two copies of both (a) the relevant pleading in proposed redacted form for filing on the docket and (b) the relevant pleading in unredacted form. Every proposed order requesting sealing must provide for the movant to unseal or dispose of the confidential information at the conclusion of the matter. Every proposed sealing order must provide, in substance, that it is without prejudice to the rights of any party in interest, or the UST, to seek to unseal the document or any part of it.
• Requests for conferences shall be made by letter emailed to firstname.lastname@example.org, together with a follow-up call to the Courtroom Deputy. The letter requesting the conference shall be filed on the Electronic Case Filing (ECF) System. The letter shall include the reason for the conference request and must be no longer than two pages in length.
• If a telephonic conference is granted, parties shall submit a conference dial-in number and passcode to Chambers.
• Unless ordered otherwise, briefs and motions with embedded argument and citations shall be submitted in text searchable format and include a table of contents, headings, and a table of authorities.
• Except as permitted by the Court, moving and responsive briefs shall be no more than 30 pages in length. Reply briefs shall be no more than 15 pages exclusive of the table of contents and table of authorities.
• Parties must provide two hard copies of every pleading, with exhibits, to Chambers at the time of service.
• Parties wishing to schedule first day hearings in Chapter 11 cases shall contact Chambers on the date of filing to discuss scheduling of the hearing.
• Two copies of first day motions, together with an agenda, shall be provided to Chambers in advance of the First Day Hearing.
• It is expected that Debtor’s counsel will have consulted with the United States Trustee in advance regarding all relief to be requested at the First Day Hearing.
• Parties are required to submit to the Court a joint pretrial order at least seven days before the trial date unless the Court orders otherwise. Judge Vyskocil’s form of pretrial order may be found here: Joint Pretrial Conference Order Template.
• Motions in limine must be filed at least fourteen days before trial, with responses due seven days before trial.
• Unless otherwise provided by the Court, the parties shall exchange pre-marked exhibits no less than fourteen days before trial.
• Each side must provide the Court with two sets of pre-marked exhibits at least two business days before the trial date. The exhibits shall be bound in a loose-leaf and include a table of contents. Exhibits must be separated by exhibit tabs that identify the exhibit by number or letter.
• Written direct examinations or proffers may not be used for evidentiary hearings and trials unless the Court orders otherwise.
• Pursuant to Local Rule 7007-1(b), discovery motions may not be filed until the parties have (a) conferred among themselves to resolve the dispute and (b) participated in a conference with the Court. Parties shall contact Chambers in writing to schedule a conference. The request shall state the nature of the dispute and, if the dispute relates to specific interrogatories, document demands, etc., the request shall include copies of the discovery request and any response or objection thereto.
• Prior to any request for a conference on a discovery issue, the party requesting the conference is required to make a good faith effort to resolve the dispute with opposing counsel consistent with Local Rule 7007-1(a).
• Unless the Court provides otherwise, parties wishing to participate in a hearing telephonically must register with CourtCall. Attorneys seeking to participate must be admitted to the Court or admitted pro hac vice. (See Local Rule 2090-1). Information on how to register with CourtCall can be found here.
• Parties that wish to participate only by “listening in” on a hearing are not required to receive consent from Chambers prior to registering with CourtCall, nor to be admitted to the Court or to be admitted pro hac vice.
• Parties that wish to make a “live” telephonic appearance in order to speak or make argument are required to receive permission from Chambers prior to registering with CourtCall. Such “live” telephonic appearances are discouraged where counsel intends to make substantive argument. Parties seeking permission to appear telephonically must send an email to Chambers at email@example.com at least two business days prior to the hearing, and such email shall contain the following information: the name of party that the attorney is representing, the motion on which the attorney intends to argue, and the reason that a telephonic appearance is necessary.
• Counsel and pro se parties are not permitted to participate telephonically for any hearings of an evidentiary nature, including the examination of witnesses or the submission of evidence.
• Questions on all other issues shall be directed to Chambers.