Judge Brian M. Cogan
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- Adverse party consent alone is not sufficient for extension/adjournment.
- Adjournment/extension requests must be ECF letters (except pro se).
- Discovery extensions require exhaustion of legal remedies for non-compliance.
Request must include
- Sentencing adjournment requests require 5 business days notice from defense, 2 business days for government response.
Communication
Phone
Chambers
Page & Word Limits3 rules
Attorney briefs limited to 8,750 words (support/oppose) or 3,500 words (reply), with specific formatting.
Unless prior permission has been granted, memoranda of law in support of or in opposition to motions, if filed by an attorney or prepared with a computer, may not exceed 8,750 words, and reply briefs may not exceed 3,500 words. These limits do not include the caption, any index, table of contents, table of authorities, signature blocks, or any required certificates, but do include material contained in footnotes or endnotes. The briefs shall be double spaced, with Times New Roman 12-point font and one-inch margins. All memoranda 10 pages or longer shall contain a table of contents and table of authorities.
8,750 words
Applies to: Attorney
Reply Brief
3,500 words
Applies to: Attorney
Pro se briefs limited to 25 pages (support/oppose) or 10 pages (reply).
If filed by a party who is not represented by an attorney and handwritten or prepared with a typewriter, briefs in support of and in response to a motion may not exceed 25 pages, and reply briefs may not exceed 10 pages.
25 pages
Applies to: Pro Se
Reply Brief
10 pages
Applies to: Pro Se
In no event are faxes longer than ten pages permitted without prior authorization.
Fax
10 pages
Applies to: Attorney
Document Format Requirements7 rules
State Court records in habeas corpus cases under 28 U.S.C. § 2254 must have each portion plainly labeled on ECF, not simply listed as an “Exhibit,” in a manner substantially similar to the following:
All documents in civil actions shall be filed electronically.
The following format will be rejected and refiling required:
Filing Rules: In accordance with ECF Filing System
Exhibits must be tabbed, indexed, and described in specific format.
All exhibits to declarations, affidavits or affirmations must be separately tabbed and indexed. Exhibits to declarations, affidavits or affirmations filed on ECF must be described following this sample format: (Attachments: # 1 Rule 56.1 Statement in Support of Plaintiff's Motion for Summary Judgment, # 2 Memorandum in Support of Plaintiff's Motion for Summary Judgment, # 3 Declaration, # 4 Exhibit 1-Excerpts of deposition transcript of John Doe dated 1-1-2024, # 5 Exhibit 2-Expert Report of Jane Doe, # 6 Exhibit 3-Rebuttal Expert Report, # 7 Exhibit 4-Amended Expert Report, # 8 Exhibit 5-Email from John Doe dated 1-1-2024.
NO HARD COPIES OF LETTERS, INCLUDING LETTERS REQUESTING EXTENSIONS OR ADJOURNMENTS, SHALL BE DELIVERED TO CHAMBERS OR TO THE COURT.
Pro se parties exempt from ECF filing; represented parties must file electronically even against pro se opponents.
Pro se parties are exempt from mandatory ECF filing. However, (1) parties represented by counsel must file documents electronically, even if that party’s adversary is pro se; and (2) pro se parties who have filed consent to electronic notification in any other form shall not receive notification in any other form.
Document Filing Requirements13 rules
The filing of Affidavits of Service as to any papers other than the summons and complaint is prohibited, except in pro se cases.
DocumentAffidavit Of Service
All requests for relief from the Court, whether by letter or formal motion papers, shall be designated as a “motion” on ECF.
DocumentMotion
When filing an amended complaint, counsel must attach a redline (in PDF form) indicating the differences between the previously-filed complaint and the amended complaint.
DocumentAmended Complaint
Summary judgment motions: only relevant deposition pages as exhibits, must comply with FRE 106.
On motions for summary judgment, do not attach complete deposition transcripts as exhibits to affidavits or affirmations. Attach only pages containing relevant testimony to which citation is made in the memoranda or affidavits. However, any excerpted submissions must anticipate and comply with Federal Rule of Evidence 106. In other words, do not distort the record by leaving out a portion of the excerpt necessary for completeness.
DocumentSummary Judgment Motion
Do not annex as exhibits copies of pleadings or other filings that already appear on the docket.
DocumentExhibit
Affidavits must be factual; attorney affidavits limited to personal knowledge or document authentication.
Affidavits or affirmations shall not be accepted on motions unless they are confined to factual averments. Attorney’s affidavits or affirmations shall not be accepted unless: (a) the facts addressed are within the personal knowledge of the attorney, such as in a discovery dispute; or (b) the attorney is authenticating documents and the attorney reasonably believes that authentication is not in issue.
DocumentAffidavit
Summary judgment: opposing party must quote verbatim movant's LR 56.1 statement and respond to each allegation.
Motions for summary judgment may be denied if the Local Rule 56.1 Statements do not conform with the following requirements in addition to those set forth in the Local Rule: (a) Except in pro se cases, the Local Rule 56.1 statement by a party opposing summary judgment shall quote verbatim the moving party’s Local Rule 56.1 statement, and shall respond to each allegation in the moving party’s statement immediately beneath each allegation. The opposing statement also may, if necessary, include a separate section of additional material facts alleged to be in dispute.
DocumentLr 56 1 Statement
Sentencing memoranda deadlines: defendant 2 weeks before, government 1 week before sentencing.
Defendant’s sentencing memorandum, if any, is due two weeks prior to sentencing. The Government’s response, if any, is due one week prior to sentencing. If the defendant and the Government agree that the case presents no material factual or legal disputes, they may modify this schedule and shall advise the Court if they do so. Sentencing memoranda and any objections to the Presentence Report must be provided to the Probation Department.
DocumentSentencing Memorandum
Confirmation letter required 5 days before sentencing; failure to confirm may result in 30-day adjournment.
After the Government’s time for filing a response has passed, but no less than five days prior to the scheduled sentencing, either party shall file a letter by ECF confirming that the sentencing is to proceed as scheduled. In the absence of such confirmation, the Court may adjourn the sentencing sua sponte for approximately 30 days.
DocumentConfirmation Letter
ECF entry must include brief description of letter subject matter.
Counsel must provide a brief description of the subject matter of the letter in the ECF entry field, e.g., “Joint Letter in connection with Initial Status Conference,” not simply, “Letter,” so that the docket remains intelligible.
DocumentLetter
ECF filing constitutes service for all papers except summons and complaint.
Filing on ECF constitutes service of papers other than the summons and complaint, although attorneys or pro se litigants may wish to agree on additional service by mail or delivery as a mutual accommodation.
DocumentAll
Oral Argument: Note “Oral Argument Requested” in the caption of Notice of Motion or the opposing memorandum
DocumentNotice Of Motion
Motion Returnable: Any day the Court is open (counsel should not appear)
DocumentMotion
Filing & Service rules
Courtesy Copy Requirements
No courtesy copies required for motions.
Courtesy Copies: No
Page 4 | III. Pleadings and Motions in Civil Cases
Filing Bundling Requirements
Motion papers must be filed promptly; bundling is prohibited.
Motion papers shall be filed promptly. Do not hold motion papers until all papers are complete. In other words, the Court does not follow a “bundling rule.”
Page 5 | C. Motion Papers
Pre-Motion Conference Requirements
Pre-motion conference required for most motions except specified exceptions.
For all other motions except (1) for provisional remedies, reconsideration, and post-judgment relief, (2) motions in habeas corpus, social security, and bankruptcy appeals, (3) motions for attorneys’ fees, (4) motions in limine, (5) motions for sanctions, and (6) motions by non-parties or proposed intervenors, a pre-motion conference is required before a party may file any motion.
Page 5 | B. Pre-Motion Conferences
Pre-motion letter (max 3 pages) required, with 5-day response period.
Parties must request a pre-motion conference in writing by ECF. The moving party shall submit a detailed letter not to exceed three pages in length setting forth the basis for the anticipated motion and simultaneously serve the request on all counsel. Parties so served shall serve and file a detailed letter response, not to exceed three pages, within five days from service of the notification letter, unless the Court directs otherwise.
Page 5 | B. Pre-Motion Conferences
Discovery motions require joint pre-motion letter describing meet and confer efforts.
For discovery motions, counsel must first describe their disputes in a single letter, jointly composed. Separate and successive letters will not be reviewed. Strict adherence to Fed.R.Civ.P. 37(a)(1), the meet and confer rule, is required, and should be described in the joint submission as to time, place and duration, naming the counsel involved in the discussion.
Page 5 | B. Pre-Motion Conferences
Pre-motion conference not required for criminal motions.
Parties do not need to file a letter requesting a pre-motion conference before filing a motion in criminal cases.
Page 8 | Motions in Criminal Cases
Adjournment & Extension Requirements
Adjournment/extension requests must be ECF letters (except pro se).
All requests for adjournments or extensions of time must be by ECF letter only (except for pro se litigants) and must state:
Sentencing adjournment requests require 5 business days notice from defense, 2 business days for government response.
Applications regarding sentencing adjournments shall be made in writing by defense counsel at least five business days prior to the date of sentencing. The Government’s response, if any, shall be made in writing at least two business days before the date of sentencing.
Discovery extensions require exhaustion of legal remedies for non-compliance.
Discovery extensions in civil cases will not be granted based on an opponent’s or non-party’s non-compliance with discovery obligations unless the movant has exhausted, promptly upon the non-compliance, all legal remedies to obtain compliance.
Adverse party consent alone is not sufficient for extension/adjournment.
The consent of the adverse party is not a sufficient ground for an extension or adjournment.
Chambers Communication Rules
Phone calls to chambers permitted 9:30 AM - 4:30 PM for scheduling/emergencies only.
Telephone calls to Chambers as to scheduling matters or emergency matters only are permitted between 9:30 a.m. and 4:30 p.m.
Faxes to chambers permitted only for urgent matters with copies to all counsel.
For attorneys who doubt this, faxes to Chambers are permitted only for urgent matters, and only if copies are simultaneously faxed or delivered to all counsel. Do not follow with a hard copy.
Do not call chambers with procedural questions covered by local/federal rules.
Do not call Chambers with procedural questions that are covered by the Local Rules of this Court and the Federal Rules of Civil or Criminal Procedure.
Do not copy court on correspondence between counsel.
Counsel shall not copy the Court on correspondence between and among them.
Junior Lawyer Participation Incentives
Junior lawyers (under 5 years) may increase likelihood of oral argument.
The likelihood of oral argument is increased if the Court is advised by letter with the filing of the motion or opposition that the attorney who will argue the motion or opposition has been admitted to the bar five years or less.
Page 7 | Local Rule 56.1 statement