Judge Joan M. Azrack
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Exhibits
- 2 copies
Filings > 20 pages
- Mail • Upon Filing
Joint Request To Charge
- Upon Filing
Motion
- 1 copy • When Fully Briefed
Adjournments
- Adjournment and extension requests must be filed by ECF letter at least 48 hours before the relevant deadline or appearance.
- Adjournment and extension requests must be filed by ECF letter at least 48 hours in advance and include specified details.
Communication
Chambers
Phone
Chambers
Phone
Chambers
Phone
Clerk
Phone
Chambers
Page & Word Limits3 rules
Memoranda of law in support of, and in opposition to, motions are limited to 25 pages, and reply memoranda are limited to 15 pages.
Memorandum In Support Or Opposition
25 pages
Reply Memorandum
15 pages
Unless prior permission has been granted, memoranda of law in support of, and in opposition to, motions are limited to 25 pages, and reply memoranda are limited to 15 pages.
25 pages
Opposition
25 pages
Reply
15 pages
For appeals from Magistrate Judge orders concerning discovery, the appeal must be in the form of a letter, not exceeding three pages in length.
Magistrate Judge Discovery Appeal
3 pages
Document Format Requirements7 rules
Proposed orders, jury instructions, and other such writings a party wishes the Court to adopt should be submitted to chambers in Microsoft Word format as well as filed on ECF in PDF format. However, parties need not submit word-processing files of stipulations of dismissal or settlement unless specifically requested to do so.
DOCX
When citing jury instructions from another case, parties must submit a PDF version to Chambers by email.
If the parties cite to jury instructions from another case as authority for their proposed instructions, the parties shall submit a PDF version of those instructions to Chambers at Azrack_chambers@nyed.uscourts.gov .
Parties must follow the Court’s formatting and filing rules for Local Rule 56.1 statements and evidentiary filings.
All written submissions and supporting materials must be text-searchable, to the extent practicable.
On motions for summary judgment, do not attach complete deposition transcripts as exhibits. Attach only pages containing relevant testimony to which citation is
Exhibits must be plainly labeled on ECF, not simply listed as an “Exhibit,” in a manner substantially similar to the following:
Where exhibits are voluminous, they should be paginated and placed in binders with tabs.
Document Filing Requirements27 rules
Party moving shall submit a proposed order for the Court’s signature.
DocumentDefault Judgment Or Petition To Confirm Arbitration Award
All documents must be filed electronically.
DocumentAll Documents
Except in pro se cases, Local Rule 56.1 statements 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.
DocumentLr 56 1 Opposition Statement
All appeals and objections must set forth the specific aspects of the order or report that are being challenged.
DocumentMagistrate Judge Appeal Or Objection
Regardless, if any party concludes in good faith that delaying the filing of a motion, in order to comply with any aspect of these individual practices, will deprive the party of a substantive right, the party may file the motion within the time required by the Federal Rules of Civil and/or Appellate Procedure, together with an explanation of the basis for the conclusion.
DocumentMotion
Default judgment and unopposed arbitration-confirmation motions must include a proposed order supported by evidentiary citations and documentary proof.
A party moving for default judgment or moving to confirm an unopposed petition to confirm an arbitration award shall submit a proposed order for the Court’s signature. The proposed order shall contain evidentiary citations, with affidavits and other documentary evidence.
DocumentDefault Judgment Or Unopposed Arbitration Confirmation Motion
Defendant responsive papers must include an Opposing Statement of Contentions with correspondingly numbered responses.
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.
DocumentOpposition To Motion For Judgment On The Pleadings
Each contention in these Social Security statements must include pinpoint citations to the administrative record.
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 And Opposing Statement Of Contentions
Represented plaintiffs must file a Statement of Contentions with their motion for judgment on the pleadings in Social Security appeals.
In all cases in which the plaintiff is represented by counsel, along with its motion for judgment on the pleadings, as required by this district’s Administrative Order 2015-05 (“In re: Scheduling in Social Security Cases”)(ii)(A), the plaintiff shall provide a “Statement of Contentions.”
DocumentMotion For Judgment On The Pleadings
The Statement of Contentions must be a separate, short, concise, numbered statement identifying alleged legal errors and 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, the plaintiff contends, is not supported by substantial evidence.
DocumentStatement Of Contentions
The names, addresses (including firm names), and telephone and fax numbers of trial counsel.
DocumentJoint Pretrial Order
The joint pretrial order must include detailed witness listings, and unlisted witnesses are barred absent prompt notice and good cause.
Names of all witnesses (fact and expert), together with a brief narrative statement of the expected testimony of each witness and an indication whether the witness will testify in person or by deposition. Only listed witnesses will be permitted to testify except when prompt notice has been given and good cause shown.
DocumentJoint Pretrial Order
The joint pretrial order must summarize remaining claims/defenses with statute citations and identify claims/defenses no longer to be tried.
A brief summary by each party of the claims and defenses that party has asserted which remain to be tried, without recital of evidentiary matters, but including citations to all statutes relied on. The parties shall identify all claims and defenses previously asserted which are not to be tried.
DocumentJoint Pretrial Order
The joint pretrial order must include party jurisdiction statements with statute citations and relevant citizenship/jurisdictional amount facts.
A brief statement by plaintiff as to the basis of subject matter jurisdiction and a brief statement by each other party as to the presence or absence of subject matter jurisdiction. Such statements shall include citations to all statutes relied on and relevant facts as to citizenship and jurisdictional amount.
DocumentJoint Pretrial Order
Any stipulations of fact or law that have been agreed to by all parties.
DocumentJoint Pretrial Order
A joint pretrial order shall be prepared under the supervision of the assigned Magistrate Judge in accordance with the schedule set by the Magistrate Judge.
DocumentJoint Pretrial Order
The joint pretrial order must include exhibit schedules and listed-exhibit limits, with anticipated objections identified where practicable.
Schedule of exhibits to be offered in evidence by each party. To the extent practicable, counsel should identify any anticipated objections to an opposing party’s exhibits. Exhibits admitted by stipulation are to be designated as such. Only exhibits listed shall be offered in evidence except when prompt notice has been given and good cause shown.
DocumentJoint Pretrial Order
The full caption of the action.
DocumentJoint Pretrial Order
A designation by each party of deposition testimony to be offered in its case-in-chief, with any cross-designations.
DocumentJoint Pretrial Order
A statement regarding damages and other relief sought.
DocumentJoint Pretrial Order
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.
DocumentJoint Pretrial Order
All exhibits must be premarked for trial and exchanged with the other parties at least ten days before trial.
DocumentExhibits
The joint request to charge shall include the elements of the claims, the damages sought, the defenses, any special requests to charge, and supporting authority.
DocumentJoint Request To Charge
Sentencing memoranda and any objections to the Presentence Report must be provided to the Probation Department.
DocumentSentencing Memorandum
If the opposing statement includes a separate section of additional facts, the moving party must file a reply statement addressing the additional assertions.
DocumentLr 56 1 Reply Statement
Memoranda of 10 pages or more shall contain a table of contents.
DocumentMemorandum Of Law
Notices of motion shall not contain a return date.
DocumentNotice Of Motion
Filing & Service rules
Courtesy Copy Requirements
Hard copies of documents filed by ECF should not be provided to Chambers unless the submission exceeds 20 pages, including exhibits. Any courtesy copies submitted to Chambers must be clearly marked “Courtesy Copy,” “Original Filed by ECF,” and “Assigned Document Number [indicate document number from docket sheet].” Any exhibits or appendices should be clearly labeled and tabbed in the courtesy copy. Courtesy copies should be mailed to Chambers on the filing date; overnight or expedited mail is not required unless the Court orders otherwise. Courtesy copies of any pleadings permitted under Federal Rule of Civil Procedure (“FRCP”) 7(a) and any filing directed to the assigned Magistrate Judge should not be provided to Judge Azrack.
Hard copies of documents filed by ECF should not be provided to Chambers unless the submission exceeds 20 pages, including exhibits. Any courtesy copies submitted to Chambers must be clearly marked “Courtesy Copy,” “Original Filed by ECF,” and “Assigned Document Number [indicate document number from docket sheet].” Any exhibits or appendices should be clearly labeled and tabbed in the courtesy copy. Courtesy copies should be mailed to Chambers on the filing date; overnight or expedited mail is not required unless the Court orders otherwise. Courtesy copies of any pleadings permitted under Federal Rule of Civil Procedure (“FRCP”) 7(a) and any filing directed to the assigned Magistrate Judge should not be provided to Judge Azrack.
Page 4 | COURTESY COPIES
The moving party must provide Chambers one courtesy copy of all motion papers with a cover letter listing each document, and send the cover letter to opposing counsel.
The moving party is also responsible for providing Chambers with one courtesy copy of all motion papers, together with a cover letter specifying each document in the package. A copy of the cover letter shall be sent to opposing counsel.
Page 7 | G. Filing of Motion Papers
In addition to filing the joint request to charge on ECF and providing a courtesy copy to the Chambers, an electronic copy should be emailed to Chambers at Azrack_chambers@nyed.uscourts.gov.
In addition to filing the joint request to charge on ECF and providing a courtesy copy to the Chambers, an electronic copy should be emailed to Chambers at Azrack_chambers@nyed.uscourts.gov.
Page 11 | Filings Prior to Trial in Civil Cases - In Jury Trials
In civil trials, two courtesy copies of exhibits are required.
In All Trials: Two courtesy copies of all exhibits, which shall be appropriately labeled and indexed, including a table of contents.
Page 11 | Filings Prior to Trial in Civil Cases
Courtesy copies should not be submitted unless the filing exceeds 20 pages.
Should not be provided unless the submission exceeds 20 pages.
Page 1 | Courtesy Copies
Filing Bundling Requirements
In Social Security appeals, the administrative transcript may be filed only together with a fully briefed motion.
Administrative Transcript shall only be filed on ECF contemporaneously with the fully-briefed motion.
Page 2 | Social Security Appeals - Bundling Rule
Under the bundling rule, motion papers may not be filed on ECF until briefing is complete.
Bundling Rule: no motion papers shall be filed on ECF until the motion is fully briefed. See rule for full list of requirements.
Page 2 | Filing of Motion Papers
The Court requires bundled motion filing (file only when fully briefed) except for FRCP 50/52/59/60 motions, remand motions, and pro se movant motions.
Judge Azrack follows the “bundling rule.” Except for motions pursuant to FRCP 50, 52, 59, and 60, motions to remand, and motions where the movant is pro se, no motion papers shall be filed on ECF until the motion is fully briefed.
Page 7 | G. Filing of Motion Papers
For time-limited motions preserving substantive rights, bundling is not required and filing may occur before full briefing.
As indicated above, these practices do not require a pre-motion conference or that a motion be fully briefed before it is filed when strictly enforced time limits must be met to preserve rights.
Page 8 | H. Motions Implicating Fed. R. App. P. 4(a)(4)(A) or Similar Time-Limiting Rules
Social Security appeal briefing must follow the court’s bundling rule in Individual Rule IV(F).
Briefing in Social Security Appeals shall comply with the “bundling rule” described in Individual Rule IV(F).
Page 9 | V. SOCIAL SECURITY APPEALS
The Administrative Transcript may be filed on ECF only when filed together with a fully briefed motion.
The Administrative Transcript shall only be filed on ECF contemporaneously with the fully-briefed motion.
Page 9 | V. SOCIAL SECURITY APPEALS
Motions implicating time-limiting rules are exempt from the bundling rule.
No pre-motion conference required and bundling rule does not apply.
Page 2 | Motions Implicating Time-Limiting Rules
Pre-Motion Conference Requirements
A pre-motion conference is required for motions (with listed exceptions), and pre-motion letters and responses are capped at 3 pages with responses due in 7 days.
Required before making any motion except for those listed in the rule. Moving party shall file a letter not to exceed 3 pages. Responses (not to exceed 3 pages) are due within 7 days.
Page 1 | Pre-Motion Conference
Pre-motion conferences are generally required before motions to Judge Azrack, with 3-page letter/response requirements, specific exemptions, and court-discretion exceptions.
Except as noted below, a pre-motion conference is required before making any motion addressed to Judge Azrack. To arrange a pre-motion conference, the moving party shall file (via ECF) a letter not to exceed three pages in length setting forth the basis or bases for the anticipated motion. All parties so served must file a letter response (also via ECF), not to exceed three pages, within seven days of service. Service of a pre-motion letter by the moving party within the time requirements established by statute or the Federal Rules of Civil Procedure for the filing of a motion (such as FRCP 12), shall constitute timely service of the motion. No pre-motion conference is required for motions pursuant to FRCP 50, 52, 59, and 60, habeas corpus/prisoner petitions, Social Security and Bankruptcy appeals, objections to Reports and Recommendations by Magistrate Judges, motions for default judgment, motions to remand, and motions filed by pro se parties. In some cases, it will be apparent from the letter requesting a pre-motion conference that such a conference will not be a useful expenditure of the parties’ time, and a motion schedule will be set without a pre-motion conference. Additionally, counsel should note that, in appropriate cases, the pre-motion letter along with counsel’s argument at the pre-motion conference, may be construed, at the discretion of the Court, as the motion itself.
Page 6 | MOTIONS
If a motion requires a pre-motion conference request, the Court sets the briefing schedule at that conference; otherwise parties must submit a proposed briefing schedule.
For motions in which a pre-motion conference request is required, if the motion goes forward, the Court will set a briefing schedule at the pre- motion conference. For all other motions, the parties shall submit a proposed briefing schedule to the Court.
Page 7 | G. Filing of Motion Papers
When strict time limits are necessary to preserve rights, pre-motion conference and pre-filing full-briefing requirements do not apply.
As indicated above, these practices do not require a pre-motion conference or that a motion be fully briefed before it is filed when strictly enforced time limits must be met to preserve rights.
Page 8 | H. Motions Implicating Fed. R. App. P. 4(a)(4)(A) or Similar Time-Limiting Rules
Motions implicating time-limiting rules are exempt from pre-motion conference requirements.
No pre-motion conference required and bundling rule does not apply.
Page 2 | Motions Implicating Time-Limiting Rules
Adjournment & Extension Requirements
Adjournment and extension requests must be filed by ECF letter at least 48 hours before the relevant deadline or appearance.
Must be made in the form of a letter filed by ECF at least 48 hours before the deadline or court appearance.
Page 1 | Requests for Adjournments/Extensions
Adjournment and extension requests must be filed by ECF letter at least 48 hours in advance and include specified details.
All requests for adjournments of court appearances or extensions of time must be made in the form of a letter filed by ECF at least 48 hours before the deadline or court appearance. The request must indicate: (1) the original date and time; (2) the reason for the request; (4) the number of previous requests; (5) whether the adversary consents, and, if not, the reasons given by the adversary for refusing consent; (6) proposed alternative dates when all parties are available; and (7) whether the request affects any other scheduled deadline or court appearance (in which case alternative dates must be proposed).
Page 4 | COMMUNICATIONS WITH CHAMBERS
Chambers Communication Rules
Notify Chambers by telephone after filing on ECF.
Notify Chambers by telephone after filing on ECF.
Page 1 | Urgent Communications
Pro se parties without ECF access must file through the Clerk’s Office and may not fax Chambers without prior approval.
Pro se parties without ECF access shall file all documents through the Clerk’s Office and shall not fax any document to Chambers without prior approval.
Page 3 | ELECTRONIC CASE FILING (ECF)
Questions about Judge Azrack’s individual rules must be made through a joint call to Chambers.
If parties have questions concerning the application of Judge Azrack’s individual rules, they shall jointly contact Chambers at (631) 712-5600.
Page 4 | COMMUNICATIONS WITH CHAMBERS
Materials filed via ECF may not be reviewed the same day they are filed. If a submission requires immediate attention, please notify Chambers by telephone after filing on ECF.
Materials filed via ECF may not be reviewed the same day they are filed. If a submission requires immediate attention, please notify Chambers by telephone after filing on ECF.
Page 5 | COMMUNICATIONS WITH CHAMBERS
In addition to filing the joint request to charge on ECF and providing a courtesy copy to the Chambers, an electronic copy should be emailed to Chambers at Azrack_chambers@nyed.uscourts.gov.
In addition to filing the joint request to charge on ECF and providing a courtesy copy to the Chambers, an electronic copy should be emailed to Chambers at Azrack_chambers@nyed.uscourts.gov.
Page 11 | Filings Prior to Trial in Civil Cases - In Jury Trials
Telephone contact with chambers staff is allowed for docketing and scheduling/calendar matters.
For docketing, scheduling, or calendar matters, call Lauren Posillico at (631) 712-5609.
Page 1 | Telephone Calls
ECF filing assistance is available by phone at the listed number.
For ECF assistance, call (631) 712-6030.
Page 3 | ELECTRONIC CASE FILING (ECF)
Counsel may email Word-format files to Chambers at the listed email address.
Counsel may send the files to: Azrack_Chambers@nyed.uscourts.gov.
Page 4 | COURTESY COPIES
Parties may call the courtroom deputy for docketing, scheduling, and calendar matters.
Parties may contact Courtroom Deputy Lauren Posillico at (631) 712-5609 regarding docketing, scheduling, or calendar matters.
Page 4 | COMMUNICATIONS WITH CHAMBERS
Junior Lawyer Participation Incentives
If counsel indicates a lawyer with seven or fewer years of experience will appear, the Court may schedule a pre-motion conference.
However, if a party advises the Court in its pre-motion argument request that an attorney with seven years or less of experience as a licensed attorney will be representing the party at the conference, the Court may schedule a pre-motion conference.
Page 6 | MOTIONS