Judge Gary R. Brown
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Administrative Record
- 1 copy • Mail
Exhibits, Exhibit List, Witness List, Pretrial Brief
- At Least Two Weeks Before Trial
Motion
- 1 copy • Mail • Upon Filing
Motion, Opposition, Reply
- 1 copy • Mail • Upon Filing
Binding: Three Ring Binder
Adjournments
- Adjournment or extension requests must be filed on ECF at least 48 hours in advance, with meet-and-confer and joint proposed dates, unless emergency.
Page & Word Limits2 rules
Unless prior permission has been granted, memoranda of law in support of, and in opposition to, motions are limited to 20 pages, and reply memoranda are limited to 10 pages.
Memorandum Of Law
20 pages
All letters must be between two and four pages in length.
Pre Motion Letter
4 pages
Document Format Requirements4 rules
All papers filed electronically must be submitted in a text-searchable format.
Requests to charge must be submitted to chambers both in hard copy and electronically in Word format.
Requests to Charge regarding the elements of the claims, the damages sought and defenses. General instructions will be prepared by the Court. The parties shall submit the same to chambers in hard copy and on electronic media in Word format.
DOCX
All exhibits must be pre-marked, exchanged with the other parties, placed in binders with tabs identifying the exhibit, and delivered to the Court.
Criminal pretrial courtesy submissions must include an electronic-media copy in Word format.
The parties must file proposed voir dire, requests to charge, motions in limine and proposed verdict sheets and provide a courtesy copy to chambers in hard copy and on electronic media in Word format at least one week before trial.
DOCX
Document Filing Requirements19 rules
Default Judgment/ Proposed Orders in forms annexed as II(h) Arbitration Appendices A and B
DocumentDefault Judgment Arbitration Confirmation
Submissions must include specific evidentiary citations, and evidence-based motions/applications must attach transcript excerpts with pinpoint citations.
Parties must provide evidentiary citations, including specific transcript pages, in any submission before the Court. Any motion or application predicated on evidence adduced at a hearing or trial, including testimony, factual summaries or rulings, must contain a copy of the transcript with specific citations to the pertinent sections at issue thereto.
DocumentSubmission Before Court
Before non-dispositive motions, counsel must meet and confer and certify FRCP 37(a)(1) compliance.
Prior to making any non-dispositive motion, counsel are required to meet and confer consistent with Local Civil Rule 37.3(a) in a good faith effort to resolve and/or reduce any matters to be raised on such motion. Upon failure to certify compliance with this requirement as described in Federal Rule of Civil Procedure (“FRCP”) 37(a)(1), the assigned Magistrate Judge is
DocumentNon Dispositive Motion
If the non-movant includes additional Rule 56.1(b) paragraphs, the movant must respond with evidentiary citations within seven days.
To the extent the party opposing summary judgment presents additional paragraphs as set out in Local Rule 56.1(b), the moving party shall file a response to these additional paragraphs containing evidentiary citations within seven (7) days.
DocumentSummary Judgment 56 1 Additional Paragraph Response
The party opposing summary judgment shall file a premotion letter response and Local Civil Rule 56.1 Response containing evidentiary citations. The 56.1 Response shall reproduce the 56.1 Statement and provide the party’s response thereto underneath, for example:
DocumentSummary Judgment 56 1 Response
Petitions to Confirm Arbitration Awards: A party moving to confirm an unopposed petition to confirm an arbitration award must complete and submit a proposed order in the form attached as Appendix B, containing evidentiary citations, with affidavits and other documentary evidence.
DocumentPetition To Confirm Arbitration Award
Default Judgments: A party moving for default judgment must complete and submit a proposed default judgment in the form attached as Appendix A, containing evidentiary citations, with affidavits and other documentary evidence in the record.
DocumentDefault Judgment
The parties are directed to cooperate with each other in the preparation of the Joint Pretrial Order, which shall include the following topics addressed and labeled as follows:
DocumentJoint Pretrial Order
The Joint Pretrial Order must list exhibits (including anticipated impeachment/rebuttal exhibits) and objections, and only listed exhibits are admitted absent good cause.
The exhibits to be offered in evidence including, where possible, anticipated impeachment and rebuttal exhibits, and objections thereto. Questions of authenticity, best evidence, chain of custody, and related grounds should be resolved between the parties before trial. Only the exhibits listed will be received in evidence except for good cause shown.
DocumentJoint Pretrial Order
All fact and expert witnesses whose testimony is to be offered in its case in chief, indicating whether such witnesses will testify in person or by deposition. Only listed witnesses will be permitted to testify, except for good cause shown;
DocumentJoint Pretrial Order
A complete set of documentary exhibits; a list of all exhibits that explains what each exhibit is in one sentence; and a copy of the list of witnesses.
DocumentBench Trial Submission
Provide pro se litigants with a copy of this Court’s individual rules, and file a certificate of service as early as practicable in the litigation.
DocumentFiling In Case With Pro Se Litigant
In all cases in which the plaintiff is represented by counsel, along with its motion for judgment on the pleadings, as required by AO(ii)(A), the plaintiff shall provide a “Statement of Contentions.”
DocumentMotion For Judgment On The Pleadings
The Statement of Contentions must be a separate, concise, numbered statement identifying alleged legal errors or unsupported ALJ findings.
This statement, conceptually similar to that required for summary judgment motions by Local Rule 56.1, shall set forth a separate, short, and concise statement, in numbered paragraphs, the contentions of the plaintiff as to the alleged legal errors in the Secretary’s determination and/or the specific findings of the decision of the Administrative Law Judge (“ALJ”) that, plaintiff contends, is not supported by substantial evidence.
DocumentStatement Of Contentions
Each contention by the movant and opponent made pursuant to this rule must be followed by pinpoint citations to the administrative record, identifying evidence supporting and/or rebutting each said contention.
DocumentStatement Of Contentions
Defendant responsive papers must include an Opposing Statement of Contentions that responds paragraph-by-paragraph to the movant's statement.
The responsive papers filed by the defendant, as required by AO(ii)(B), shall include an “Opposing Statement of Contentions,” containing correspondingly numbered paragraph responding to each numbered paragraph in the statement of the moving party.
DocumentResponsive Papers
Memoranda of 10 pages or more shall contain a table of contents.
DocumentMemorandum Of Law
All exhibits cited must be filed electronically on the docket. Hard copies of the exhibits do not need to be filed unless directed by the court.
DocumentSummary Judgment Exhibits
A statement as to whether or not all parties have consented to trial of the case by a magistrate judge. The statement shall not identify which parties have or have not consented.
DocumentJoint Pretrial Order
Filing & Service rules
Courtesy Copy Requirements
Initial movant must mail one tabbed, labeled three-ring-binder courtesy copy of all motion papers with ECF header details after e-filing.
After electronic filing, the initial movant shall mail to the Court one hard copy of all motion papers filed marked as “Courtesy Copy.” Courtesy copies must bear the ECF legend at the top of each page, indicating the case number, docket entry, file date, and page number. All courtesy copies must be submitted in three-ring binders and clearly labeled and tabbed.
Page 2 | II(c). Motions
For bench trials, each party must file and provide courtesy copies to the Court at least two weeks before trial.
Bench Trial Requirements. At least two weeks before trial, each party shall electronically file and submit to the Court a courtesy copy of the following.
Page 6 | c. Bench Trial Requirements
Criminal pretrial submissions require a chambers courtesy copy delivered at least one week before trial.
The parties must file proposed voir dire, requests to charge, motions in limine and proposed verdict sheets and provide a courtesy copy to chambers in hard copy and on electronic media in Word format at least one week before trial.
Page 7 | IV. Criminal Pretrial Procedures
After e-filing, the movant must mail one hard-copy courtesy copy of all motion papers to the Court.
After electronic filing, the movant(s) shall mail to the Court one hard copy of all motion papers marked as “Courtesy Copy” as per the undersigned’s individual rules.
Page 9 | 4.
Defendant must mail one hard copy of the administrative record to the Court.
Defendant shall mail to the Court one hard copy of the Administrative Record.
Page 9 | 4.
Sealing & Redaction Procedures
PSR objections must be filed under seal two weeks before sentencing.
PSR Objections Filed under seal two weeks before Sentencing
Page 1 | Criminal Trials (table), IV(b)
Objections to presentence reports should be filed under seal on ECF and served upon opposing counsel and the probation department at least two weeks before sentencing.
Objections to presentence reports should be filed under seal on ECF and served upon opposing counsel and the probation department at least two weeks before sentencing.
Page 7 | IV. Criminal Pretrial Procedures
Filing Bundling Requirements
Motion papers must be bundled and filed after full briefing by the initial movant, except where delay risks loss of a legal right.
Bundling Rule: No motion papers may be filed until the motion has been fully briefed, unless doing so could result in a loss of a legal right. The initial movant shall file all motion papers.
Page 2 | II(a). Motions
Motions in Limine must be fully briefed and filed.
Motions in Limine must be fully briefed and filed.
Page 6 | b. Submissions Due Two Weeks Before Trial
Counsel must comply with the Court’s bundling rule in pro se cases regardless of which side files the motion.
Be responsible for compliance with this Court’s bundling rule, irrespective of which party initiates the motion.
Page 8 | VI. Pro Se Litigants
The movant must file all motion papers, statements of contentions, and the administrative record together as a complete set.
On that day, the movant(s) shall electronically file the entire set of motion papers, statement of contentions, and the administrative record with the Court.
Page 9 | 4.
Pre-Motion Conference Requirements
Pre-motion conferences are required for motions, subject to exceptions, and are scheduled by letter request.
Yes (with exceptions); scheduled via Letter Request
Page 1 | Motions (table), II(g)
A pre-motion letter requesting a pre-motion conference is required before filing any motion returnable before Judge Brown.
Before filing any motion returnable before Judge Brown, the movant is required to file a letter briefly outlining the motion and requesting a pre-motion conference.
Page 3 | g. Pre-Motion Conference
A summary judgment movant must submit a Rule 56.1 statement with evidentiary citations together with the pre-motion letter.
Along with the pre-motion letter described above, a party moving for summary judgment must also include a Local Civil Rule 56.1 Statement containing evidentiary citations.
Page 4 | 3. Summary Judgment
Before seeking a pretrial conference or filing non-dispositive pre-trial motions, parties must meet and confer to try to narrow disputes.
Consistent with Rule 37.3 of the Local Rules, prior to seeking a pretrial conference or filing any non-dispositive pre-trial motions, the parties are to meet and confer in an effort to reach agreement with respect to these submissions or narrow the scope of the request.
Page 7 | d. Meet and Confer
In appropriate cases, pre-motion submissions and conference argument may be treated as the motion itself, and unraised arguments are deemed waived.
Counsel should note that, in appropriate cases, the pre-motion letter, 56.1 statements (where appropriate), along with counsel’s argument at the pre-motion conference, may be construed, at the discretion of the Court, as the motion itself. Arguments not raised in the pre- motion letters or during the pre-motion conference shall be deemed waived.
Page 3 | g. Pre-Motion Conference
Adjournment & Extension Requirements
Adjournment or extension requests must be filed on ECF at least 48 hours in advance, with meet-and-confer and joint proposed dates, unless emergency.
All requests for adjournments or extensions of time must be made in writing on ECF 48 hours in advance, absent an emergency. The parties must meet and confer before submitting such requests, and such requests must include joint proposed dates.
Page 2 | I. Court Appearances
Extensions are not permitted for this pretrial submission requirement.
No extensions will be granted.
Page 6 | b. Submissions Due Two Weeks Before Trial