Gary L Stein at a glance
- Current role
- U.S. Magistrate Judge
- Jurisdiction
- New York · Federal
- Judicial service
- Active
U.S. Magistrate Judge · U.S. District Court for the Southern District of New York
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In federal district-court civil proceedings, testimony is ordinarily taken in open court; remote contemporaneous testimony requires good cause in compelling circumstances and appropriate safeguards.
For good cause in compelling circumstances and with appropriate safeguards, the court may permit testimony in open court by contemporaneous transmission from a different location.Federal Rule of Civil Procedure 43(a), Testimony in Open Court ↗
Federal district courts may not permit courtroom photography or broadcasting during criminal judicial proceedings unless a statute or another federal rule provides an exception.
Except as otherwise provided by a statute or these rules, the court must not permit the taking of photographs in the courtroom during judicial proceedings or the broadcasting of judicial proceedings from the courtroom.Federal Rule of Criminal Procedure 53, Courtroom Photographing and Broadcasting Prohibited ↗
See document heading and cited passage; do not apply outside the issuing part or proceeding.
Official rules document ↗ · Collected 2026-10-27
Cases come before magistrate judges in one of two ways: for specific purposes pursuant to an order of reference by the assigned district judge, or for all purposes on consent of the parties. Consent to jurisdiction of the Magistrate Judge has a number of benefits, including ready access to the judge and a reliable trial date calendared well in advance.
Source page 11 Requests for reasonable accommodations on account of disability or religion with respect to the Court’s practices and rules or in connection with any proceeding before Judge Stein may be emailed to Chambers.
Source page 1A. Letters. In general, communications with the Court should be by letter, via electronic case filing (“ECF”), without email or other copy to Chambers. Unless otherwise permitted by the Court, letters may not exceed 3 single- spaced pages (exclusive of exhibits) and must otherwise adhere to Local Civil Rule 11.1. All letters filed on ECF must be in searchable PDF form.
Source page 2B. Pro Se Parties. By Standing Order, a pro se party must mail all communications with the Court to the Pro Se Intake Unit located at 500 Pearl Street, Room 200, New York, NY 10007. A pro se party may not call Chambers or send any document or filing directly to Chambers.
Source page 2Submissions requiring immediate attention should be hand-delivered to the Pro Se Intake Unit. Unless the Court orders otherwise, all communications with the Court will be docketed upon receipt on ECF; such docketing shall constitute service on any user of the ECF system. If any other party is not a user of the ECF system (e.g., if there is another pro se party in the case), a pro se party must send copies of any filing to that party and include proof of service affirming that he or she has done so. Copies of correspondence between a pro se party and opposing parties should not be sent to the Court.
Source page 2Any non-incarcerated pro se party who wishes to participate in ECF filing must file a Motion for Permission for Electronic Case Filing, available in the Pro Se Intake Unit or at https://nysd.uscourts.gov/prose. Any non- incarcerated pro se party who wishes to receive documents in their case by email instead of by regular mail may consent to electronic service by filing a Pro Se (Non-prisoner) Consent & Registration Form to Receive Documents Electronically, available in the Pro Se Intake Unit or at https://nysd.uscourts.gov/prose.
Source page 2C. Emails and Faxes. Emails to Chambers are permitted for urgent matters requiring immediate attention or where otherwise expressly permitted by the Court in advance. No faxed communications shall be permitted without prior permission from Chambers.
Source page 2D. Telephone Calls. For procedural or administrative matters that do not request a ruling from the Court, counsel may call Chambers.
Source page 2F. Hand Deliveries. Where permitted, hand-delivered mail from counsel should be left with the Court Security Officers at the Worth Street entrance of 500 Pearl Street and may not be brought directly to Chambers.
Source page 3G. Requests for Adjournments or Extensions of Time. Requests for adjournments or extensions of time must be filed on ECF as letter motions. (If a request contains sensitive or confidential information, it may be submitted by PDF via e-mail in lieu of being filed electronically.) The letter motion must state: (i) the originally scheduled date(s); (ii) the number of previous requests for an adjournment or extension and whether those previous requests were granted or denied; (iii) the reason for the requested adjournment or extension; and (iv) whether all affected parties consent, and if not, the reasons given for refusing to consent. Absent good cause, any request for an adjournment of a court conference or other court proceeding (including a telephone conference) must be made at least 48 hours in advance of the proceeding and include at least two proposed dates, on which all counsel are available, for the adjourned proceeding.
Source page 3A. Initial Case Management Conference. The parties must confer on a discovery plan before the Initial Case Management Conference. No later than one week before the Initial Case Management Conference, the parties must file on ECF a joint Proposed Case Management Plan and Scheduling Order. The parties should use the template form for the Proposed Case Management Plan and Scheduling Order available at https://nysd.uscourts.gov/hon-gary-stein.
Source page 32. Attendance. Lead counsel for the parties, as well as non- incarcerated pro se parties, must attend the Initial Case Management Conference. An incarcerated party who is unable to attend in person may be allowed to participate by telephone or video conference. The Initial Case Management Conference may be conducted either in person, via telephone, or via video conference, at the Court’s discretion.
Source page 3B. Confidentiality Stipulations and Orders. In cases where confidential information will be exchanged, the parties may submit a proposed confidentiality stipulation and order. If a party expects to have responsive discovery material they deem confidential, they must proceed promptly with
Source page 3proposing the terms of a confidentiality stipulation and order, and all parties must negotiate the terms in good faith so that the absence of a confidentiality stipulation and order does not delay production of discovery material.
Source page 4C. Discovery Disputes. Parties shall follow Fed. R. Civ. P. 37(a) and Local Rule 37.2 with the following modifications.
Source page 41. Requirement to Meet and Confer. Any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party in an effort to resolve the dispute. An exchange of letters or emails alone does not satisfy this requirement. Counsel must respond promptly and in good faith to any request from another party to confer in accordance with this paragraph.
Source page 42. Letter Motion for Discovery Conference. If the meet-and-confer process does not resolve the dispute, the party may file an ECF letter motion to the Court or, if applicable, to the Pro Se Intake Clerk, no longer than 3 single-spaced pages, explaining the nature of the dispute and requesting a conference. Such letter must include a representation that the meet-and-confer process occurred, including when it occurred and whether it was in person or via telephone or video conference. Any responsive letter should be submitted within 3 business days following submission of the letter motion and shall also be limited to 3 single-spaced pages. No further letters may be submitted without permission of the Court.
Source page 4Parties shall keep in mind Rule 1 of the Federal Rules of Civil Procedure, which requires the Court and the parties to construe, administer, and employ the rules of procedure to secure the just, speedy, and inexpensive determination of every action. Parties also shall keep in mind Rule 26(b)(1) of the Federal Rules of Civil Procedure, which provides that “[p]arties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case, considering the importance of the issues at stake in the action, the
Source page 4amount in controversy, the parties’ relative access to relevant information, the parties’ resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit.” Discovery motions should address these rules to the extent applicable.
Source page 53. Discovery Conference/Oral Argument. The Court retains discretion to rule on the dispute based on the parties’ letter submissions, without more formal briefing, and with or without a conference. The Court’s preference, however, is to hold a conference with the parties and attempt to resolve the dispute during the conference. If formal briefing is required, the Court will set a schedule for such briefing at the conference.
Source page 5A. Format. All motions and moving papers filed on ECF or emailed to chambers shall be in searchable PDF form.
Source page 5B. Letter Motions. Letter motions should be filed via ECF and comply with the S.D.N.Y. Local Rules and the S.D.N.Y. Electronic Case Filing Rules and Instructions. Letter motions are limited to 3 single-spaced pages (not including exhibits). Any responsive letter should be submitted within 3 business days following submission of the letter motion and also be limited to 3 single-spaced pages (not including exhibits). Parties must file as letter
Source page 5C. Pre-Motion Conferences. A pre-motion conference is not required before a party may file a motion (other than a discovery motion with formal briefing). A party may, however, request a pre-motion conference by letter motion where counsel believes that an informal conference with the Court may obviate the need for the motion or narrow the issues in dispute.
Source page 5D. Memoranda of Law. The typeface, margins and spacing of motion papers must conform to Local Civil Rule 11.1. Unless prior permission has been granted by the Court, memoranda of law in support of and in opposition to motions are limited to 25 pages and reply memoranda are limited to 10 pages. Memoranda of 10 pages or more shall contain a table of contents and a table of authorities, neither of which shall count against the page limit.
Source page 5Sur-reply memoranda will not be accepted without prior permission of the Court. To the extent citing unreported cases, parties are requested to use Westlaw citations whenever possible. Page citations to ECF filings shall be to the page number appearing on the original document and not to the page number in the ECF header.
Source page 6E. Courtesy Copies. Unless otherwise requested by the Court, courtesy copies are not required. If requested, courtesy copies should bear the ECF header generated at the time of electronic filing and include protruding tabs for any exhibits.
Source page 6F. Oral Argument. Requests for oral argument of motions should be made by letter. Counsel should select the “Letter-Motion” option on ECF for filing such a request. Whether oral argument will be held remains in the Court’s discretion. In some instances, the Court may hold oral argument even if the parties have not requested it.
Source page 6G. Motions in Pro Se Cases. As required by Local Civil Rule 7.2, counsel must provide a pro se litigant with printed copies of cases and other authorities cited in any submission that are unpublished or reported exclusively on computerized databases. Where a party seeks summary judgment against a pro se litigant, the party must also comply with the notice requirements for Local Civil Rule 56.2. Where a party moves to dismiss for judgment on the pleadings against a pro se litigant and refers to matters outside the pleadings, counsel must serve and file the notice set forth in Local Civil Rule 12.1. In such situations, counsel is strongly encouraged to move in the alternative for summary judgment so that the pro se litigant understands, based on the Local Civil Rule 56.1 submission, which facts are relevant to the motion.
Source page 6H. Electronic Filing Under Seal. Unless otherwise ordered, any party wishing to file a document or portion thereof under seal or with redactions must comply with the following procedures on or before the date on which the relevant filing is due.
Source page 61. Sealing/Redactions Not Requiring Court Approval. Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings. No Court approval is required for these redactions.
Source page 62. Sealing/Redactions Requiring Court Approval. Motions or letter motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents must be filed electronically through the Court’s ECF system in conformity with the
Source page 6The following procedures apply to those cases where the parties have consented pursuant to 28 U.S.C. § 636(c) to have all proceedings, including trial, before Judge Stein. Absent such consent, the parties should refer to the individual practices of the district judge.
Source page 71. Unless otherwise ordered by the Court, within 30 days after the date for the completion of discovery in a civil case or, if a dispositive motion has been filed, within 30 days after a decision resolving the motion, the parties shall jointly prepare and submit to the court for its approval a Proposed Pretrial Order.
Source page 72. In appropriate cases, the Court may be willing to dispense with portions of the Pretrial Order, if both sides consent, in order to secure the just, speedy and inexpensive determination of every action. The parties should discuss such requests with each other and then with the Court sufficiently in advance so that the Proposed Pretrial Order will be filed within the time frames described above.
Source page 77. Length of Trial: The number of days estimated for trial. If the parties do not agree, each party shall give its estimate and the basis for that estimate.
Source page 811. Witness Lists: A list by each party of its trial witnesses that it, in good faith, expects to present on its case in chief, with a statement of the general subject areas of the witness’s testimony and an indication of whether the witnesses will testify in person or by deposition. The witness lists shall also include identification of rebuttal witnesses that the party may call if needed. Absent good cause, a party will not be allowed to present a witness not previously identified on their witness list.
Source page 814. Exhibits: A list by each party of exhibits to be offered in its case. For any exhibit as to which there is an objection, the party objecting must briefly specify, next to the listing for that exhibit, the nature of the party’s objection (e.g., “authenticity,” “hearsay,” “Rule 403”). Any objection not listed shall be deemed waived. Exhibits not produced during discovery or otherwise provided to other parties prior to trial likely will not be allowed for any purpose.
Source page 9C. Additional Pretrial Filings in Civil Cases. Unless otherwise ordered by the Court, the following shall be filed at the same time as the Proposed
Source page 9a. Each party must file a Trial Memorandum of Law addressing each issue of law that the party expects to arise at or before trial.
Source page 9b. The parties must jointly prepare and submit jury materials
Source page 9d. All jury instructions, objections, and alternative proposals must include citation to supporting authority.
Source page 10e. In addition to ECF-filing of voir dire questions, jury instructions, and verdict sheets, electronic copies must also be submitted as Microsoft Word documents and sent by email to: GSteinNYSDChambers@nysd.uscourts.gov.
Source page 10a. Each party must file a Trial Memorandum of Law identifying the issues, summarizing facts and applicable law, and addressing any evidentiary issues.
Source page 10D. Motions in Limine. Each party shall file and serve any motions in limine at the same time as the proposed pretrial order. Within two weeks of filing the proposed pretrial order, each party shall file and serve its opposition to any motion in limine. There shall be no replies for motions in limine.
Source page 10E. Pro Se Cases. In pro se cases, the parties are not required to prepare joint pretrial filings (but may do so jointly if feasible). Instead, within 30 days from the date for the completion of discovery in a civil case or, if a dispositive motion has been filed, within 30 days of a decision resolving the motion, the represented party(ies) shall submit the pretrial materials set forth in Sections V.A, B, C and D above. The pro se party shall file its own Pretrial Statement. The pro se party’s Pretrial Statement need take no particular
Source page 10The Pretrial Statement must be sworn or affirmed by the pro se party to be true and accurate based on the facts known by the party. The pro se party must file an original Pretrial Statement with the Pro Se Office and serve a copy on all other parties or their counsel if represented. The original Pretrial Statement must indicate the date a copy was mailed to the other party or that party’s attorney.
Source page 111. No later than the end of each trial day, counsel must notify each other and the Court of witnesses to be called the following trial day. The parties may agree to earlier notification.
Source page 112. When a party’s case commences, the party is expected to have witnesses available to fill the trial day, which will run from 9:30 am to 4:30 pm with two short breaks in the morning and afternoon and a one-hour lunch break. The parties are on notice that if a party does not have a witness available to testify, the Court may preclude testimony or deem that party to have rested. Any requests to schedule a witness out of order and/or for a particular day must be made as soon as counsel is aware of the limited availability of that witness. Absent good cause, untimely applications will be denied.
Source page 11G. Exhibits. Unless otherwise ordered by the Court, no later than two business days before trial begins, each party must provide each other party, and the Court, with a tabbed binder or binders containing courtesy copies of its trial exhibits and deposition designations.
Source page 11U.S. District Court for the Southern District of New York
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Official source ↗ · Collected 2026-10-27U.S. District Court for the Southern District of New York
Civil actions in United States District Courts; Rule 81 exceptions apply. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.
Official source ↗ · Collected 2026-10-27U.S. District Court for the Southern District of New York
Criminal proceedings in United States District Courts; this conservative mapping does not distribute appellate-specific provisions to appellate judges. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.
Official source ↗ · Collected 2026-10-27Identity source checked July 29, 2026.
Biography sources checked July 29, 2026.
Identity source · HTML · Administrative Office of the U.S. Courts · Source checked July 29, 2026
View U.S. Courts judicial profile or roster ↗Courtwide source · HTML · Supreme Court of the United States and Judicial Conference of the United States · Source checked July 26, 2026
View Federal Rule of Civil Procedure 43(a), Testimony in Open Court ↗Courtwide source · HTML · Supreme Court of the United States and Judicial Conference of the United States · Source checked July 26, 2026
View Federal Rule of Criminal Procedure 53, Courtroom Photographing and Broadcasting Prohibited ↗