UNITED STATES DISTRICT COURT
S O U T H E R N D I S T R I C T OF N E W Y O R K
LAURA TAYLOR SWAIN TAMMI HELLWIG
Chief Judge Clerk of Court
COURT NOTICE TO THE BAR CONTACT:
September 8, 2025 Mediation Office
(212) 805-0643
SOUTHERN DISTRICT OF NEW YORK ADR PROGRAM ANNOUNCES THIRD
AMENDED STANDING ORDER FOR EMPLOYMENT DISCRIMINATION CASES
EFFECTIVE SEPTEMBER 15, 2025
The United States District Court for the Southern District of New York announces a third amended
Standing Order (11-mc-00003) for counseled employment discrimination cases effective September
15, 2025. This is an update to prior standing orders of May 24, 2015, and October 1, 2015. This third
amended order: codifies the previous “pilot” discovery protocols; notifies counsel that failure to
comply with the order may result in sanctions; requires the plaintiff to produce written complaints
concerning hostile work environment that were provided to the defendant; requires the plaintiff to
notify the defendant if the plaintiff made any oral complaints about the conduct at issue; requires the
defendant to produce additional promotion-related documents to the plaintiff; and requires the
defendant to produce any written complaints from the plaintiff that the defendant received and, if the
defendant investigated those allegations, any non-privileged documents reflecting the outcome of that
investigation.
The full standing order can be found here. The Mediation Program Procedures and information about
other mediation protocols are available at https://nysd.uscourts.gov/programs/mediation-adr. Questions
or comments about the protocol can be directed to the Court’s ADR Program at 212-805-0643 or
[email protected].
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THE HON. CHARLES L. BRIEANT JR. THE DANIEL PATRICK MOYNIHAN THE THURGOOD MARSHALL
FEDERAL BUILDING AND COURTHOUSE UNITED STATES COURTHOUSE UNITED STATES COURTHOUSE
300 QUARROPAS STREET 500 PEARL STREET, ROOM 820 40 FOLEY SQUARE
WHITE PLAINS, NY 10601-4150 NEW YORK, NY 10007-1312 NEW YORK, NY 10007
(212) 805-0500
Case 1:11-mc-00003-LAP Document 4 Filed 09/02/25 Page 1 of 6
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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Third Amended Standing
In re: Counseled Employment Discrimination Cases Administrative Order
Assigned to Mediation by Automatic Referral M10-468
11-mc-00003
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Laura Taylor Swain, Chief United States District Judge:
This Third Amended Standing Administrative Order requires counseled employment
discrimination cases, except cases brought under the Fair Labor Standards Act of 1938, 29 U.S.C.
§§ 201, et seq., to be designated for automatic referral to the Court’s Mediation Program upon the
filing of an Answer. This order supersedes prior orders to the same effect dated May 24, 2015, and
October 1, 2015. It also requires certain disclosures in advance of mediation.
Unless otherwise ordered by the judge in the particular case, within 30 days of the filing of an
Answer in such cases, the parties must produce the information specified in the Discovery
Protocols for Counseled Employment Cases (“Discovery Protocols”), attached as Exhibit A. Within
60 days of the filing of an Answer, or as soon thereafter as it can be scheduled, the parties and their
counsel must participate in a mediation session. Failure to comply with any of the requirements of
this order may result in the imposition of sanctions.
The Discovery Protocols require the early exchange of targeted, core discovery, and are intended to
frame issues for resolution through mediation and to assist the parties in planning for additional
discovery in the event the case is not promptly resolved through mediation. If any party believes that
there is good cause why a particular case should be exempted from the Discovery Protocols, in whole
or in part, or from mediation, that party must raise the issue promptly with the Court.
The Discovery Protocols do not modify any party’s rights under the Federal Rules of Civil
Procedure or the Local Civil Rules, but they do supersede the parties’ obligations under Fed. R. Civ. P.
26(a)(1). The Protective Order attached as Exhibit B is deemed issued in all cases governed by this
Standing Order. All documents and information produced under the Discovery Protocols will be
deemed part of discovery under the Federal Rules of Civil Procedure. The parties’ responses to the
Discovery Protocols are subject to Fed. R. Civ. P. 26(e) regarding supplementation, Fed. R. Civ. P.
26(g) regarding certification of responses, and Fed. R. Civ. P. 34(b)(2)(E) regarding the form of
production for documents and electronically stored information.
SO ORDERED:
DATED: New York, New York
September 2, 2025 ___________________________________
Laura Taylor Swain, Chief Judge
United States District Judge
Southern District of New York
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Case 1:11-mc-00003-LAP Document 4 Filed 09/02/25 Page 2 of 6
Exhibit A
DISCOVERY PROTOCOLS
FOR COUNSELED EMPLOYMENT CASES
The use of the term “documents” below includes electronically stored information (“ESI”).
(1) Documents that the plaintiff must produce to the defendant.
a. The plaintiff’s employment contract.
b. If the claims in this lawsuit include a failure to hire or a failure to promote, the plaintiff’s
application for the position and any documents the plaintiff sent or received concerning
the defendant’s decision.
c. If the claims in this lawsuit include the wrongful termination of employment, any
documents the plaintiff sent or received concerning the defendant’s decision.
d. If the claims in this lawsuit include a failure to accommodate a disability, any requests
for accommodation and responses to such requests.
e. If the claims in this lawsuit include hostile work environment, any written complaints
concerning the hostile work environment that were provided to defendant.
f. If the plaintiff’s employment was terminated, any documents demonstrating the
plaintiff’s efforts to obtain other employment. The defendant shall not contact or
subpoena a prospective or current employer absent agreement or leave of court.
g. Any application for disability benefits or unemployment benefits after the alleged
adverse action and documents sufficient to show any award.
(2) Information that the plaintiff must produce to the defendant.
a. If the plaintiff is relying on any oral comments that the plaintiff alleges were
discriminatory or on any instances of harassment, identify the speaker or actor, the
comment or action, and any witnesses to the comments or harassment.
b. If the plaintiff asserts having made oral complaints, identify to whom the complaints were
made, the date(s) on which they were made, and the content.
c. A description of the categories and amounts of damages for the plaintiff’s claims.
(3) Documents that the defendant must produce to the plaintiff.
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Case 1:11-mc-00003-LAP Document 4 Filed 09/02/25 Page 3 of 6
a. The plaintiff’s employment contract, job description, and documents sufficient to show
plaintiff’s compensation and benefits.
b. The plaintiff’s personnel file.
c. For the most recent 5 years of employment, plaintiff’s performance reviews and the file
created for any disciplinary actions taken against the plaintiff.
d. Any documents sent by the defendant to a government agency in response to claims filed
by the plaintiff in which the plaintiff relied on any of the same factual allegations as those
in this lawsuit.
e. If the claims in this lawsuit include a failure to hire or a failure to promote, the plaintiff’s
application, any documents the defendant created that record the reasons the defendant
rejected the plaintiff’s application or promotion, and the application or resume of the
individual who was hired/promoted.
f. If the claims in this lawsuit include the wrongful termination of employment, any
documents the defendant sent to or received from the plaintiff regarding the termination,
and any documents that contain the reasons for the termination decision.
g. If the claims in this lawsuit include a failure to accommodate a disability, any written
requests for accommodation, written responses to such requests, and documents that
contain the reasons for rejection of a requested accommodation.
h. Any written complaints made by the plaintiff in which plaintiff relied on similar factual
allegations as those in this lawsuit and, if an investigation was conducted, any non-
privileged documents reflecting the outcome.
i. Written workplace policies relevant to the alleged adverse action.
(4) Information that the defendant must produce to the plaintiff.
Information concerning the ability to pay, including insurance coverage, if relevant to the
mediation.
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Case 1:11-mc-00003-LAP Document 4 Filed 09/02/25 Page 4 of 6
Exhibit B
PROTECTIVE ORDER
WHEREAS, on September 2, 2025, the Court issued the Third Amended Standing Administrative
Order 11-mc-00003 for the mediation of certain counseled employment cases;
WHEREAS, the Order requires the parties to exchange certain documents and information within
30 days of the filing of an Answer;
WHEREAS, the parties seek to ensure that the confidentiality of these documents and information
remains protected; and
WHEREAS, good cause therefore exists for the entry of an order pursuant to Rule 26(c) of the
Federal Rules of Civil Procedure, it is hereby
ORDERED that the following restrictions and procedures shall apply to the information and
documents exchanged by the parties pursuant to the Discovery Protocol:
1. Counsel for any party may designate any document or information, in whole or in part, as
confidential if counsel determines, in good faith, that such designation is necessary to protect
the interests of the client. Information and documents designated by a party as confidential
will be stamped “CONFIDENTIAL.”
2. The Confidential Information disclosed will be held and used by the person receiving such
information solely for use in connection with the action.
3. In the event a party challenges another party’s designation of confidentiality, counsel shall
make a good faith effort to resolve the dispute, and in the absence of a resolution, the
challenging party may seek resolution by the Court. Nothing in this Protective Order
constitutes an admission by any party that Confidential Information disclosed in this case is
relevant or admissible. Each party reserves the right to object to the use or admissibility of the
Confidential Information.
4. The parties should meet and confer if any production requires a designation of “For Attorneys’
or Experts’ Eyes Only.” All other documents designated as “CONFIDENTIAL” shall not be
disclosed to any person, except:
a. The requesting party and counsel, including in-house counsel;
b. Employees of such counsel assigned to and necessary to assist in the litigation;
c. Consultants or experts assisting in the prosecution or defense of the matter, to the extent
deemed necessary by counsel; and
d. The Court (including the mediator, or other person having access to any Confidential
Information by virtue of his or her position with the Court).
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Case 1:11-mc-00003-LAP Document 4 Filed 09/02/25 Page 5 of 6
5. Prior to disclosing or displaying the Confidential Information to any person, counsel must:
a. Inform the person of the confidential nature of the information or documents;
b. Inform the person that this Court has enjoined the use of the information or documents by
him/her for any purpose other than this litigation and has enjoined the disclosure of the
information or documents to any other person; and
c. Require each such person to sign an agreement to be bound by this Order in the form
attached hereto.
6. The disclosure of a document or information without designating it as “confidential” shall not
constitute a waiver of the right to designate such document or information as Confidential
Information. If so designated, the document or information shall thenceforth be treated as
Confidential Information subject to all the terms of this Stipulation and Order.
7. At the conclusion of litigation, the Confidential Information and any copies thereof shall be
promptly (and in no event later than 30 days after entry of final judgment no longer subject to
further appeal) returned to the producing party or certified as destroyed, except that the parties’
counsel shall be permitted to retain their working files on the condition that those files will
remain protected.
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Case 1:11-mc-00003-LAP Document 4 Filed 09/02/25 Page 6 of 6
Agreement
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.
DATED:
Signed in the presence of:
(Attorney)
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