Important Decisions from the U.S. District Court, Southern District of New York

IMPORTANT NOTICES FROM UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK:

Extension of Deadlines in Criminal Cases: (Crim P. 45)

WHEREAS, Hurricane Sandy has caused extraordinary damage and disruption in the New York City metropolitan area, including, but not limited to, widespread power and utility outages in New York City, extensive transportation problems created by closure of the New York City mass transportation systems, dislocation of New York City residents, and other related delays such as the inaccessibility of the United States Courthouse in Manhattan,

WHEREAS, it is currently unclear when the United States Courthouse in Manhattan will again be accessible,

WHEREAS, current transportation restrictions render it difficult and in some cases impossible for individuals to travel to the Courthouse,

IT IS ORDERED, pursuant to Fed. R. Crim. P. 45(a) (3) and (b) (l), that all deadlines in any pending criminal cases that would otherwise expire under the Federal Rules of Criminal Procedure or any statute, rule, or order are extended until Monday, November 5, 2012, or until such time as specified in a further order of the Court.

IT IS FURTHER ORDERED, pursuant to Fed. R. Crim. P. 45 (a) (3) and (b) (1) and Section 3161 (h) (7) (A) of Title 18, United States Code, that all deadlines in any pending criminal cases requiring action by a grand jury are further extended until November 12, 2012, or until such time as specified in a further order of the Court, and that the ends of justice served by granting this continuance outweigh the interests of the public and any criminal defendant in a speedy trial.

SO ORDERED.

Dated: October 29, 2012

HONORABLE LORETTA A. PRESKA , CHIEF UNITED STATES DISTRICT JUDGE

The Extension of Certain Deadlines in Criminal Cases as a Result of: Hurricane Sandy and Court Closure (Crim P. 32)

WHEREAS, Hurricane Sandy has caused extraordinary damage and disruption in the New York City metropolitan area, including, but not limited to, widespread power and utility outages in New York City, extensive transportation problems created by closure of the New York City mass transportation systems, dislocation of New York City residents, and other related delays such as the inaccessibility of the United States Courthouse in Manhattan,

WHEREAS, it is currently unclear when the United States Courthouse in Manhattan will again be accessible,

WHEREAS, current transportation restrictions render it difficult and in some cases impossible for individuals to travel to the Courthouse,

IT IS ORDERED, pursuant to Fed. R. Crim. P. 32 (b) (2), that Rule 32 (e) (2), "Minimum Required Notice," and Rule 32 (g) , "Submitting the Report," are suspended until Monday, November 5, 2012, or to such later time as specified by further order of the Court.

SO ORDERED.

Dated: New York, New York

October 29, 2012

HONORABLE LORETTA A. PRESKA CHIEF UNITED STATES DISTRICT JUDGE

The Extension of Certain Deadlines in Civil Cases as a Result of Hurricane Sandy and Court Closure

WHEREAS, Hurricane Sandy has caused extraordinarydamage and disruption in the New York City metropolitan area, including, but not limited to, widespread power and utility outages in New York City, extensive transportation problems created by closure of the New York City mass transportation systems, dislocation of New York City residents, and other related delays such as the inaccessibility of the United States Courthouse in Manhattan,

WHEREAS, it is currently unclear when the United States Courthouse in Manhattan will again be accessible,

WHEREAS, current transportation restrictions render it difficult and in some cases impossible for individuals to travel to the Courthouse, and

WHEREAS, Fed. R. Civ. P. 6 (a) (3) provides for the times of filings to be extended if the clerk's office is inaccessible,

IT IS ORDERED that, because of the facts set out above, the clerk's office is deemed to be inaccessible from October 29 through and including November 4, 2012, for the purposes of 1) filing any appeal from the United States District Court for the Southern District of New York to the Court of Appeals for the Second Circuit, and 2) filling any paper in a case pending in this Court.

The Clerk of the Court is instructed promptly to deny as moot any motion for an extension that is obviated by the effect of this Order. Such a denial shall be accompanied by a copy of this Order.

Any motion for an extension beyond the times provided by this Order should be filed promptly. Parties are encouraged to confer in order to avoid the need for motions for such further extensions.

SO ORDERED.

Dated: New York, New York

October 31 , 2012

HONORABLE LORETTA A. PRESKA CHIEF UNITED STATES DISTRICT JUDGE