Lewis A. Kaplan

How Judge Kaplan rules, drawn from 36 signed orders. Every observation links to the order it came from.

Court
United States District Court for the Southern District of New York
Position
District judge
Status
Senior status
Appointed by
Bill Clinton (Democratic)
Commissioned
August 10, 1994
Education
University of Rochester (A.B., 1966); Harvard Law School (J.D., 1969)
Signed orders read
36

About Judge Kaplan

Lewis A. Kaplan is a judge of the United States District Court for the Southern District of New York. Appointed by President William J. Clinton, Judge Kaplan received a commission on August 10, 1994. Judge Kaplan assumed senior status on February 1, 2011.

Judge Kaplan's practices and standing orders

Rules for cases before Judge Kaplan, as published on the court's website (checked October 8, 2026). Judges revise these often, so confirm the current version on the court's site before you file.

Key rules

Filing

Deliver two courtesy copies of motion papers to the court security officers at the Worth Street entrance.

“Courtesy Copies: Two courtesy copies should be addressed to Judge Kaplan and delivered to the court security officers at the Worth Street entrance, 200 Worth”

Motions

No pre-motion conference is required.

“MOTION RULES AT A GLANCE Pre-motion Not required. conference:”

Discovery

Raise a discovery dispute by electronically filed motion of no more than four pages, excluding exhibits.

“Discovery Disputes Discovery disputes shall be raised with the Court by motion filed electronically. The motion shall not exceed four (4) pages in length, including affidavits and declarations, but exclusive of exhibits. In addition, counsel filing such motions electronically shall send a letter”

Standing orders for every case in this court

Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 8, 2026).

Key rules from these orders · The court's local rules ↗

How Judge Kaplan decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

In Banco del Austro, S.A. v. Wells Fargo Bank, N.A., Judge Kaplan allowed a UCC Article 4-A claim to proceed past Rule 12(b)(6) because the commercial reasonableness of the bank's security procedure required a fact-intensive inquiry.

“Resort to these extra-complaint sources illustrates the fact-intensive nature of the commercial reasonableness inquiry, one that courts typically address at summary judgment.”

Procedural preferences

In In re Rezulin Products Liability Litigation, Judge Kaplan rejected the plaintiffs' request for additional discovery before summary judgment because they had filed no Rule 56(f) affidavit identifying the needed facts or how they would obtain them.

“Here, plaintiffs have submitted no Rule 56(f) affidavit. They have not shown what facts are sought to resist the motion and how they are to be obtained. They have made no effort to show how those facts might create a genuine issue of material fact. By their own admission, they have made no effort to obtain them. They have failed utterly to make the requisite showing.”

In In re Parmalat Securities Litigation, Judge Kaplan denied the Deloitte defendants' request for interlocutory appeal under 28 U.S.C. § 1292(b), finding the certification criteria unmet and the case unsuitable for certification.

“This Court is not satisfied either that the criteria of Section 1292(b) are satisfied in this instance or, even if they were, that this would be an appropriate case for certification.”

In F. v. Harris-Madden, the court partly rejected a proposed protective order that would have required every agency employee assisting the defense to sign it. The order allowed internal inquiries needed to prepare the defense while addressing the youth plaintiffs’ privacy interests.

“defendants must be able to make internal, generalized inquiries in connection with this litigation”

In Carroll v. Trump, he ordered an anonymous jury after finding a case-specific risk of juror harassment and concluding that the presumption of public access to juror names was overcome.

“The presumption of access to juror names is overcome by this risk.”

Cautions

In Almengor v. Schmidt, Judge Kaplan treated the plaintiffs' challenge to student-fee regulations as a facial attack because it targeted the rules' adoption and existence rather than their application to the plaintiffs.

“It is an attack on the fact that they exist based on the assertion that they were adopted for an improper motive. It therefore is not an as-applied challenge, which is the only avenue that remains open to plaintiffs after the Court's July 23, 2009 decision.”

In Endico v. Fonte, he dismissed the Section 10(b) claim because the LLC interests sold to the Fontes were not investment contracts: the buyers became managing members rather than passive investors dependent on others’ efforts.

“The relevant focus is on what Endico sold, not what he was left with after the transaction.”

In Miller v. 1847 Holdings LLC, the court dismissed securities claims against the Bevilacqua defendants because the complaint did not allege a misstatement by them tied to a securities transaction or actionable conduct before the plaintiff’s trades.

“there is no legally sufficient claim against Bevilacqua Defendants on a primary liability theory.”

After a trial about immigration detention at 26 Federal Plaza, he found the confinement conditions unconstitutional and ordered permanent relief for current and future detainees at that facility.

“The conditions of confinement to which ICE subjected immigration detainees at 26 Fed during the summer of 2025 were inhumane and unconstitutional.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

In re Rezulin Products Liability Litigation
524 F. Supp. 2d 436 · 2007-11-26
Summary judgment (defendant) Granted

“For the foregoing reasons, defendants' motion for summary judgment dismissing the complaint [00 Civ. 2843 docket item 5030] is granted and the action dismissed.”

Almengor v. Schmidt
692 F. Supp. 2d 396 · 2010-03-11
Motion for judgment on pleadings (defendant) Granted

“Accordingly, defendants' motion for judgment on the pleadings dismissing what remains of Count 2 is granted. As this disposes of the only claim remaining in this case, the Clerk shall enter final judgment of dismissal and close the case.”

Okocha v. HSBC Bank USA, N.A.
700 F. Supp. 2d 369 · 2010-03-25
Summary judgment (defendant) Granted in part

“For the reasons set forth below, the Court denies the defendants' motion to strike and grants in part and denies in part the defendants' motion for summary judgment.”

Motions to strike (defendant) Denied
Orkin v. Swiss Confederation
770 F. Supp. 2d 612 · 2011-03-11
Motions to dismiss (defendant) Granted

“Defendants' motions [DI 14, 16] are granted and the amended complaint is dismissed for lack of subject matter jurisdiction. The Clerk shall enter judgment and close the case.”

Banco del Austro, S.A. v. Wells Fargo Bank, N.A.
215 F. Supp. 3d 302 · 2016-10-18
Motions to dismiss (defendant) Granted in part

“In conclusion, defendant Wells Fargo's motion to dismiss [DI 13] is granted to the extent that the breach of contract and negligence claims (Counts I and III) are dismissed. It is denied in all other respects.”

Endico v. Fonte
485 F. Supp. 2d 411 · 2007-04-24
Motions to dismiss (defendant) Granted

“As there remains no other basis for federal jurisdiction, plaintiffs state law claims must be dismissed.”

Kolmar Group A.G. v. Traxpo Enterprises Private Ltd.
651 F. Supp. 2d 209 · 2009-09-09
Motions to dismiss (defendant) Denied

“Accordingly, defendants' motion is denied in all respects.”

Flame S.A. v. Industrial Carriers, Inc.
777 F. Supp. 2d 717 · 2011-04-13
Motions to dismiss (defendant) Denied

“The motion to dismiss the complaint is denied.”

Jefferson City Commons, LLC v. Moran Foods, Inc.
620 F. Supp. 2d 563 · 2009-05-21
Summary judgment (defendant) Granted

“For the foregoing reasons, defendant's motion for partial summary judgment [docket item 24] is granted in all respects.”

In re Parmalat Securities Litigation
598 F. Supp. 2d 537 · 2009-02-23
Motion for reconsideration (defendant) Denied

“DT-US's motion for reconsideration [04MD1653 docket item 1672, 04 Civ. 0030 docket item 1043] is denied.”

In re Parmalat Securities Litigation
599 F. Supp. 2d 535 · 2009-03-02
Motion to certify interlocutory appeal (defendant) Denied

“In all the circumstances, the motion to certify questions to the Court of Appeals [04 MD 1653 docket item 1670, 04 Civ. 0030 docket item 1041] is denied.”

Morisseau v. DLA Piper
707 F. Supp. 2d 460 · 2010-04-27
Motions to stay (plaintiff) Denied

“Plaintiff's motion to stay the Contempt Motion [DI 288] is denied.”

Caseload & timing

From public federal docket records for this judge.

  • The visible current-assignment slice is recent and 2026-heavy: alien-detainee habeas petitions, trademark disputes, ERISA, securities and commodities, consumer banking, and criminal matters.
  • It reflects current assignments, not a tenure-wide caseload.
  • The selected 2020-2022 terminated cases include a default judgment, a mooted discovery application, a dismissal denial, a notice-of-pendency vacatur, and short case-management rulings; their mix is not representative of all assigned matters.

Pending matters in the official report

Reported by the Administrative Office of the U.S. Courts under the Civil Justice Reform Act, as of March 31, 2026.

Motions pending more than six months1
Bench trials submitted more than six months0
Bankruptcy appeals pending more than six months0
Social Security appeals pending more than six months0
Civil cases pending more than three years68
ReportMotions over six monthsCases over three years
Mar 2026168
Sep 20250156
Mar 20256157
Sep 202420189
Mar 202421188
Sep 202316190
Mar 202313186
Sep 20220181
Mar 20222185
Sep 2021763
Mar 2021610
Sep 20201010

A snapshot on that date: matters listed may since have been decided or reassigned. A motion referred to a magistrate judge is counted for both judges. Motions in multidistrict litigation, section 2255 cases and Social Security appeals are not counted, and a very large three-year count is generally a multidistrict docket. Source: Appendix A of the report (PDF); about the report.

How long civil cases take in this court

For the whole of United States District Court for the Southern District of New York, not for Judge Kaplan: median time from filing to disposition of the civil cases the court closed in the 12 months ending September 30, 2025, as reported by the Administrative Office of the U.S. Courts.

CasesMedian time
All civil cases closed9,5655.6 months
Closed with no court action1,7493.5 months
Closed before pretrial6,4165.1 months
Closed during or after pretrial1,31314.1 months
Closed during trial8751.7 months
12 months endingCases closedMedian time
Sep 20259,5655.6 months
Sep 202410,6956.4 months
Sep 202310,3165.6 months
Sep 202211,8186.1 months
Sep 202110,6625.7 months
Sep 202010,1186.6 months
Sep 201911,3576.6 months

The table leaves out prisoner petitions, land condemnations, deportation reviews, recovery of overpayments and enforcement of judgments, and reports no median for fewer than 10 cases. A district that closed a large multidistrict litigation in the period shows very large counts and long medians for that year. Source: Table C-5, U.S. District Courts (spreadsheet).

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