Judge Hector Gonzalez
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 2 copies
Filings >= 25 pages
- 1 copy • Chambers Drop Off
Binding: Spiral
Indictment, Information, Complaint
- As Soon As Practicable
Information
- With Plea Agreement
Adjournments
- Adjournment or extension requests must be filed at least three business days before the relevant deadline or appearance unless there is an emergency.
- Adjournment or extension requests must be filed by ECF letter (except pro se) and include specified prior-date, history, consent, schedule, and grounds information.
Request must include
- Sentencing adjournment applications must be filed in writing at least 10 business days before sentencing.
- Requests to exceed memorandum page limits must be in writing 5 business days before the due date, except reply-brief requests which require at least 3 business days.
Communication
Chambers
Phone
Phone
Chambers
Page & Word Limits6 rules
The response shall not exceed three pages.
Pre Motion Response Letter
3 pages
Unless prior permission has been granted, memoranda of law in support of or in opposition to motions are limited to 25 double-spaced pages and reply memoranda are limited to 10 double-spaced pages.
Memorandum Support Or Opposition
25 pages
Reply Memorandum
10 pages
Each exhibit—other than the complaint—is limited to 15 pages.
Exhibit
15 pages
Affidavits may not exceed 10 double- spaced pages.
Affidavit
10 pages
The moving party’s Local Rule 56.1 statement may not exceed 25 double-spaced pages without prior permission of the Court.
Local Rule 56 1 Statement
25 pages
If the opposing statement includes a separate section of additional material facts, that separate section may not exceed 10 double-spaced pages.
Local Rule 56 1 Additional Material Facts Section
10 pages
Document Format Requirements9 rules
Proposed orders, jury instructions, and other submissions for adoption by the Court shall be filed on ECF and emailed to Chambers in PDF and Microsoft Word format.
Use Times New Roman 12-point font for all text, including footnotes, and one-inch margins on all sides. Do not use excessive block quotations. Condensing or kerning of character spacing is not permitted.
Deposition transcripts submitted as exhibits to motions for summary judgment should include only one page of testimony per page of exhibit. Parties may not submit “mini-transcripts” with four pages of testimony condensed onto one page in an effort to circumvent the Court’s page limits.
Use Times New Roman 12-point font for all text and one-inch margins on all sides.
All memoranda regarding motions in limine must be prepared in accordance with the requirements of Section IV.B.2, above, specifying the proper formatting and page limits for memoranda.
Requests to charge, proposed verdict sheets and proposed voir dire questions shall be filed on ECF and provided to Chambers in PDF and Microsoft Word formats no later than 10 business days before trial, unless otherwise ordered by the Court.
All written submissions and supporting materials must be text-searchable, to the extent practicable.
All exhibits to affidavits or affirmations must be separately tabbed and indexed, whether on ECF or courtesy copies.
For summary judgment motions, only relevant deposition excerpts may be attached, and excerpts must include material needed for completeness under Rule 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 Fed. R. Evid. 106. In other words, include the portion of the excerpt necessary for completeness.
Document Filing Requirements32 rules
Adjournment or extension requests must be docketed as motions and clearly labeled as adjournment/extension requests in the ECF entry.
Any such request shall be designated as a “Motion” on ECF even if made in the form of a letter or a joint stipulation with a proposed order, and the ECF entry line must identify the nature of the request as related to an adjournment or extension.
DocumentAdjournment Or Extension Request
Speedy Trial Act exclusion requests in criminal cases must include conferral/consent information, supporting facts, and a proposed exclusion order.
In criminal matters, if a party seeks an exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161, it must confer with the opposing party and indicate in its letter-motion whether the parties consent. The party seeking exclusion must include in its request for adjournment or extension facts that would permit the Court to make an independent finding whether or not to exclude time in conformance with 18 U.S.C. § 3161, and must also submit to the Court a proposed order excluding time under the Speedy Trial Act.
DocumentAdjournment Or Extension Request
Any request for relief must be docketed as a Motion, and the ECF entry must state the specific subject matter.
All requests for relief from the Court, whether by letter or formal motion papers, shall be designated as a “Motion” on ECF. In addition, the ECF entry line must designate the subject matter of the letter or motion (e.g., “Letter motion requesting extension of time to respond to interrogatories”) not simply “Letter.”
DocumentMotion
Any attorney appearing before the Court must enter a notice of appearance on ECF.
DocumentNotice Of Appearance
A Rule 56 pre-motion response letter must include a line-by-line Rule 56.1 opposing statement.
If the movant is seeking to file a motion for summary judgment under Rule 56, the non-movant’s response letter must include the non-movant’s Rule 56.1 opposing statement. The non-movant’s Rule 56.1 opposing statement must respond to the moving party’s Rule 56.1 statement line-by-line as required by the Local Rules.
DocumentPre Motion Response Letter
Rule 56.1 statements in pre-motion practice must attach relevant exhibits and cite them by exhibit identifier and page or Bates number.
All Rule 56.1 statements and opposing statements filed in connection with a pre-motion letter must reference and attach all relevant exhibits. Citations in a brief or Rule 56.1 statement to an exhibit should reference the exhibit by its exhibit number or letter (i.e. “Exhibit A”) and the page number or Bates number containing the referenced information.
DocumentRule 56 1 Statement
In non-pro se cases, an opposing Rule 56.1 statement must quote each moving-party allegation verbatim and respond directly beneath it.
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.
DocumentLocal Rule 56 1 Opposition Statement
Any party appealing a Magistrate Judge’s Order of Release or Order of Detention shall include a copy of the transcript before the Magistrate Judge with their motion.
DocumentRelease Or Detention Order Appeal Motion
In a multi-defendant case, all filings must designate the defendant or defendants, and only the defendant or defendants, as to whom the filing pertains.
DocumentFiling
Jurisdiction. A brief statement by the plaintiff explaining the basis of subject matter jurisdiction, and a brief statement by the defendant on the presence or absence of subject matter jurisdiction.
DocumentJoint Pretrial Order
Parties and Counsel. The names, addresses (including firm names), and telephone numbers of trial counsel.
DocumentJoint Pretrial Order
Unless otherwise ordered by the Court, the parties shall submit to the Court a proposed joint pretrial order either: (a) within 60 days of the completion of fact or expert discovery, whichever occurs later; or (b) if a summary judgment motion has been filed, within 30 days after a decision on such motion.
DocumentJoint Pretrial Order
A party seeking a Speedy Trial Act exclusion must submit a fact-supported letter at least two business days before the status conference.
At least two business days prior to any status conference, including the initial conference described above, if a party will seek an exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161, it must provide the Court a letter setting forth sufficient facts that would permit the Court to make an independent finding whether or not to exclude time in conformance with 18 U.S.C. § 3161.
DocumentSpeedy Trial Exclusion Letter
Caption. The full caption of the action.
DocumentJoint Pretrial Order
Plaintiff exhibits must use PX numbering and defendant exhibits must use DX numbering, and only listed exhibits are admissible absent good cause.
The plaintiff’s exhibits must be identified with numbers using the prefix “PX,” and the defendant’s exhibits must be identified with numbers using the prefix “DX.” Except for good cause shown, only exhibits listed will be received in evidence.
DocumentExhibits
Consent to Trial by a Magistrate Judge. A statement as to whether 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.
DocumentPretrial Order
Deposition Testimony. A designation by each party of deposition testimony to be offered in its case in chief, with any cross-designations and objections by any other party.
DocumentPretrial Order
Each party must list fact and expert witnesses with addresses and expected testimony, and unlisted witnesses are barred absent prompt notice and good cause.
Witnesses. A list of fact and expert witnesses whose testimony is to be offered in each party’s case in chief, along with the address of each witness and a brief narrative statement of the expected testimony of each witness. Only listed witnesses will be permitted to testify, except when prompt notice has been given and upon good cause shown.
DocumentPretrial Order
Exhibits. A schedule listing exhibits to be offered in evidence and, if not admitted by stipulation, the party or parties that will be offering them.
DocumentPretrial Order
Jury or Bench Trial. A statement by each party as to whether the case is to be tried with or without a jury, and the number of trial days needed.
DocumentPretrial Order
Claims and Defenses. A brief summary by each party of the elements of its remaining asserted claims and defenses. These summaries shall include citations to all statutes relied on but should not recite evidentiary matters.
DocumentPretrial Order
Stipulations. A statement of stipulated facts, if any.
DocumentPretrial Order
Requests to file memoranda exceeding the page limits set forth herein must be made in writing three business days prior to the due date.
DocumentRequest To Exceed Page Limits
Motions in Limine. A list of motions in limine each party intends to file (pursuant to the deadline set forth in Section VI.C.1, below), with a brief description of each such motion.
DocumentPretrial Order
Sentencing memoranda and any objections to the Presentence Report must be provided to the Probation Department.
DocumentSentencing Memorandum
A guilty plea on a supervised release violation requires at least 24 hours notice specifying the violations.
The Court will not accept a guilty plea on a violation of supervised release without 24 hours’ notice of the intent to plead, specifying the violations as to which the defendant intends to plead guilty.
DocumentViolation Of Supervised Release Guilty Plea Notice
In non-jury trials, parties must file proposed findings and conclusions within 10 business days after trial, and responses are not allowed.
In all non-jury trials, parties must file proposed findings of fact and conclusions of law no later than 10 business days after the conclusion of trial, unless otherwise ordered by the Court. Responses to such submissions are not permitted.
DocumentProposed Findings Conclusions
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.”
DocumentEcf Letter
All memoranda 10 pages or longer shall contain a table of contents and table of authorities.
DocumentMemorandum Of Law
Parties must detail damages and other relief for each claim/counterclaim, and in non-jury cases should also provide elements and supporting facts.
Statement of Relief Sought. A detailed statement regarding damages and other relief sought for each claim or counterclaim. In non-jury cases, parties should also provide a statement of the elements of each claim or defense involving such party, together with a summary of the facts relied upon to establish each element.
DocumentPretrial Order
Requests to charge should be limited to the elements of the claims, the damages sought, and defenses.
DocumentJury Instructions
Parties may request oral argument by noting “Oral Argument Requested” in their Notice of Motion or opposing memorandum and, if applicable, shall advise the Court that an attorney who intends to participate in the oral argument meets the criteria described in Section II.B, above.
DocumentNotice Of Motion Or Opposing Memorandum
Filing & Service rules
Courtesy Copy Requirements
Except for parties proceeding pro se, parties shall deliver to Chambers a courtesy copy of all written submissions filed on ECF that are 25 pages in length or more, inclusive of any exhibits or attachments. All courtesy copies must be clearly marked “Courtesy Copy,” and any documents that have been filed under seal must also be marked as “SEALED.” All courtesy copies must include the stamp generated when a document is filed via ECF (including the document number as listed on the docket). Courtesy copies should be spiral bound on the left side and use tabs to identify documents and exhibits in the submission.
Except for parties proceeding pro se, parties shall deliver to Chambers a courtesy copy of all written submissions filed on ECF that are 25 pages in length or more, inclusive of any exhibits or attachments. All courtesy copies must be clearly marked “Courtesy Copy,” and any documents that have been filed under seal must also be marked as “SEALED.” All courtesy copies must include the stamp generated when a document is filed via ECF (including the document number as listed on the docket). Courtesy copies should be spiral bound on the left side and use tabs to identify documents and exhibits in the submission.
Page 4 | III.C. Courtesy Copies
For a change-of-plea hearing, the AUSA must email Chambers courtesy copies of the plea agreement and elements sheet at least three business days in advance.
The AUSA shall provide a courtesy copy of the plea agreement and elements sheet by email to Chambers at least three business days before a change-of-plea hearing.
Page 10 | PRETRIAL PROCEDURES - Criminal Cases - Guilty Pleas
In criminal cases, the AUSA must send Chambers courtesy copies of the indictment or information and, if applicable, the complaint as soon as practicable.
The Assistant United States Attorney (“AUSA”) shall provide to Chambers, as soon as practicable, a courtesy copy of the indictment or information, and a courtesy copy of the complaint, if one exists.
Page 10 | PRETRIAL PROCEDURES - Criminal Cases - Initial Matters
Parties must provide two tabbed exhibit binders to the Court on the Friday before trial unless otherwise ordered.
The parties shall provide the Court with two tabbed binders containing copies of all exhibits on the Friday before trial, unless otherwise ordered by the Court.
Page 12 | Filings Prior to Trial in Civil and Criminal Cases
If the defendant intends to waive indictment and plead guilty to an information at the change-of-plea hearing, a copy of the information should also be provided to the Court along with the plea agreement.
If the defendant intends to waive indictment and plead guilty to an information at the change-of-plea hearing, a copy of the information should also be provided to the Court along with the plea agreement.
Page 10 | PRETRIAL PROCEDURES - Criminal Cases - Guilty Pleas
Sealing & Redaction Procedures
Motions for leave to file documents under seal should be filed via ECF in accordance with the EDNY’s instructions for filing sealed documents. The proposed sealed document(s) should be attached to the motion for leave to file under seal.
Motions for leave to file documents under seal should be filed via ECF in accordance with the EDNY’s instructions for filing sealed documents. The proposed sealed document(s) should be attached to the motion for leave to file under seal.
Page 4 | III.A.8 Sealing of Submissions
Filing Bundling Requirements
Motion papers must be filed promptly and not held for bundling.
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 7 | B. Motion Papers
Each party must bundle all motions in limine into one submission.
All motions in limine by a party must be filed in a single submission.
Page 12 | Filings Prior to Trial in Civil and Criminal Cases
Similarly situated parties are encouraged to consolidate pre-motion letters to avoid duplication.
Similarly situated parties (i.e., multiple defendants moving to dismiss on overlapping grounds) should make reasonable efforts to consolidate their pre-motion letters to avoid duplication.
Page 6 | CIVIL MOTIONS
Similarly situated parties should consolidate overlapping motion submissions to avoid duplication.
Similarly situated parties (i.e., multiple defendants moving to dismiss on overlapping grounds) should make reasonable efforts to consolidate their submissions to avoid duplication.
Page 7 | B. Motion Papers
Pre-Motion Conference Requirements
Civil discovery disputes require a single jointly composed pre-motion letter capped at five pages, and separate/successive letters are not accepted.
For discovery motions, follow Local Civil Rule 37.3. However, in lieu of separate letters by the parties, counsel must describe their dispute(s) in a single letter, jointly composed. The letter may not exceed five pages. Separate and successive letters will not be reviewed.
Page 4 | IV.A.1 Pre-Motion Letters
Response letters are due within five business days for non-summary-judgment pre-motion letters.
All parties served with a moving party’s pre-motion letter are required to serve and file a letter response within five business days of service of the moving party’s letter unless the motion is for summary judgment.
Page 5 | CIVIL MOTIONS
For summary-judgment pre-motion letters, response letters are due within 21 days of service.
All parties served with a pre-motion letter seeking summary judgment are required to serve and file a letter response within 21 days of service of the moving party’s letter.
Page 5 | CIVIL MOTIONS
A detailed pre-motion letter of up to three pages is required before filing non-discovery motions.
A pre-motion letter is required before a party may file any non-discovery motion, except for motions described in Section IV.A.2.a, below. The moving party shall submit a detailed letter not to exceed three pages in length setting forth the basis for the anticipated motion.
Page 5 | CIVIL MOTIONS
For Rule 56 motions, the movant must include a Rule 56.1 statement with the pre-motion letter.
If the motion is for summary judgment under Rule 56, the movant’s pre- motion letter must also include a copy of the movant’s Rule 56.1 Statement (see Section IV.B.7, below, regarding requirements for the statement and opposing statement).
Page 5 | CIVIL MOTIONS
The moving party is not permitted to file a reply letter in the pre-motion letter process.
The moving party may not file a reply letter.
Page 6 | CIVIL MOTIONS
Cross-motions are prohibited, and motions omitted from timely pre-motion letters will not be considered.
There shall be no cross-motions. Any motions not raised in a pre-motion letter by the relevant deadline will not be considered.
Page 6 | CIVIL MOTIONS
Pre-motion letters related to any proposed motions for summary judgment or motions to exclude the testimony of experts pursuant to Rules 702-705 of the Federal Rules of Evidence and the Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), line of cases shall be filed 30 days after the completion of fact or expert discovery, whichever occurs later.
Pre-motion letters related to any proposed motions for summary judgment or motions to exclude the testimony of experts pursuant to Rules 702-705 of the Federal Rules of Evidence and the Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), line of cases shall be filed 30 days after the completion of fact or expert discovery, whichever occurs later.
Page 6 | CIVIL MOTIONS
Any motions addressing evidentiary or other issues which should be resolved in limine shall be filed 30 days before the commencement of trial, unless otherwise ordered by the Court. Any responses are due 10 business days after the motions are filed. All motions in limine by a party must be filed in a single submission. Replies to motions in limine are not permitted.
Any motions addressing evidentiary or other issues which should be resolved in limine shall be filed 30 days before the commencement of trial, unless otherwise ordered by the Court. Any responses are due 10 business days after the motions are filed. All motions in limine by a party must be filed in a single submission. Replies to motions in limine are not permitted.
Page 12 | Filings Prior to Trial in Civil and Criminal Cases
Daubert expert-exclusion motions must follow dispositive-motion deadlines and are not treated as motions in limine.
Motions to exclude the testimony of experts pursuant to Rules 702–705 of the Federal Rules of Evidence and the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), line of cases, shall be made by the deadline for dispositive motions and shall not be treated as motions in limine.
Page 12 | Filings Prior to Trial in Civil and Criminal Cases
Serving a pre-motion letter within Rule 12 or Rule 56 deadlines counts as timely motion service under those rules.
Service of the pre-motion letter within the time requirements of Fed. R. Civ. P. 12 or 56 shall constitute timely service of a motion made pursuant to those provisions.
Page 5 | CIVIL MOTIONS
A party need not comply with the pre-motion letter requirement where it reasonably believes that delay in filing might result in the loss of a right. In that event, the party should file, along with the motion, a letter explaining why the party believes it might be prejudiced if it complied with the pre-motion letter requirement.
A party need not comply with the pre-motion letter requirement where it reasonably believes that delay in filing might result in the loss of a right. In that event, the party should file, along with the motion, a letter explaining why the party believes it might be prejudiced if it complied with the pre-motion letter requirement.
Page 6 | CIVIL MOTIONS
In appropriate cases, the Court may treat the pre-motion letter as the motion itself.
In appropriate cases, the Court may exercise its discretion to construe the pre-motion letter as the motion itself.
Page 7 | CIVIL MOTIONS
The pre-motion conference may be the only oral-argument opportunity, and counsel should expect a short post-conference motion filing schedule.
The pre-motion conference is often the only opportunity for oral argument on the motion. Counsel should also anticipate a schedule that will require the filing of their motion within a short time after the conference.
Page 7 | CIVIL MOTIONS
Adjournment & Extension Requirements
Adjournment or extension requests must be filed at least three business days before the relevant deadline or appearance unless there is an emergency.
Absent an emergency, and unless otherwise provided for by these Individual Practices, all requests for adjournments or extensions of time must be made at least three (3) business days prior to a scheduled deadline or appearance.
Page 2 | C. Requests for Adjournments or Extensions of Time
Adjournment or extension requests must be filed by ECF letter (except pro se) and include specified prior-date, history, consent, schedule, and grounds information.
All requests for adjournments or extensions of time must be filed by ECF Letter only (except for pro se litigants), and must state: (a) the original date; (b) the number of previous requests for adjournment or extension; (c) whether these previous requests were granted or denied; (d) whether the adversary consents, and, if not, the reasons by the applicant, and by the adversary, for and against the relief requested; (e) all other dates previously scheduled, including dates for conferences with the Court, and a suggested modified schedule, agreed to by all other counsel; and (f) the grounds for the extension or adjournment.
Page 2 | C. Requests for Adjournments or Extensions of Time
Sentencing adjournment applications must be filed in writing at least 10 business days before sentencing.
Applications regarding sentencing adjournments shall be made in writing at least 10 business days prior to the date of sentencing. The response, if any, shall be made in writing at least six business days before the date of sentencing.
Page 13 | VIII. SENTENCING
Requests to exceed memorandum page limits must be in writing 5 business days before the due date, except reply-brief requests which require at least 3 business days.
Requests to file memoranda exceeding the page limits set forth herein must be made in writing five business days prior to the due date, except with respect to reply briefs, in which case the written request must be made at least three business days prior to the due date.
Page 7 | B. Motion Papers
Chambers Communication Rules
Written communications with Chambers must be filed as ECF letters, with simultaneous copy service on pro se litigants.
Except as provided below, communications with Chambers shall be by letter electronically filed with the Court, with copies simultaneously delivered or mailed to any pro se litigant.
Page 1 | I. COMMUNICATIONS WITH CHAMBERS - A. Written Communications with Chambers
For situations requiring immediate attention from the Court, counsel should call Chambers directly; in such situations, parties should first email Chambers requesting the Court’s contact information.
For situations requiring immediate attention from the Court, counsel should call Chambers directly; in such situations, parties should first email Chambers requesting the Court’s contact information.
Page 2 | I. COMMUNICATIONS WITH CHAMBERS - B. Telephone Calls and Urgent Communications
If in the judgment of the parties the volume of exhibits makes this requirement impracticable, please email Chambers at least 10 business days before trial for instructions on how to submit courtesy copies of the exhibits.
If in the judgment of the parties the volume of exhibits makes this requirement impracticable, please email Chambers at least 10 business days before trial for instructions on how to submit courtesy copies of the exhibits.
Page 12 | Filings Prior to Trial in Civil and Criminal Cases
Counsel may email Chambers for unresolved rules questions and scheduling/calendar matters.
For questions that cannot be answered by reference to these Rules or the E.D.N.Y. Local Rules, or for scheduling and calendar matters, counsel may email Chambers.
Page 1 | I. COMMUNICATIONS WITH CHAMBERS - B. Telephone Calls and Urgent Communications
In cases with pro se parties, filing and service questions should be directed by phone to the Pro Se Office.
For questions about filing and serving documents in cases in which one or more parties are proceeding pro se, contact the Pro Se Office at (718) 613-2665.
Page 3 | III.A.4 Mandatory ECF Filing
If a courtesy copy is voluminous (i.e., more than two 2-inch binders), please email Chambers for instructions on whether to submit the courtesy copy in a digital format via compact disc containing separate and appropriately named PDF files for each item in the submission, including exhibits.
If a courtesy copy is voluminous (i.e., more than two 2-inch binders), please email Chambers for instructions on whether to submit the courtesy copy in a digital format via compact disc containing separate and appropriately named PDF files for each item in the submission, including exhibits.
Page 4 | III.C. Courtesy Copies