Court Rules
magistrate Judge
Verified Current1 month ago

Judge Joseph A. Marutollo

Individual Rules, Standing Orders & Policies

Eastern District of New York

Limits & Logistics

Document Limits

Ex Parte Settlement Letter
5 pgs
Discovery Joint Submission
3 pgs

Courtesy Copies

Filings (All filings)

Upon Request

Filings (Exhibits)

Upon Request

Adjournments

Must Include

  • 1
    Original Date
  • 2
    Proposed New Dates
  • 3
    Reason For Request
  • 4
    Number Of Previous Requests
  • 5
    Previous Requests Granted Or Denied
  • 6
    Adversary Position
  • 7
    Affects Other Dates
Notice Required
2Business Days

Communication

Phone

Chambers

Letter Ecf

Chambers

Email

Chambers

Marutollo_Chambers@nyed.uscourts.gov
Emergencies
Advance Notice Required
Email

Chambers

Scheduling
Advance Notice Required
Filters:AllMandatoryImportantFormattingCommunicationLettersMemorandaSettlementConferencesElectronicsECF Filing

Detailed Drafting Rules

Communication ProtocolMandatory

Telephone communication with Chambers is prohibited.

Telephone calls to Chambers are not permitted.

Phone

Direct to: Chambers

Page 2
|SecIII. COMMUNICATIONS WITH CHAMBERS - A. Written Communications
Format RequirementMandatory

All submissions must follow Local Rules, including Local Civil Rule 7.1(c) length and formatting requirements for briefs, motions, and other papers.

All submissions shall comply with the Local Rules of the United States District Courts for the Southern and Eastern Districts of New York. This includes the length and formatting requirements for briefs, motions, and other papers under Local Civil Rule 7.1(c).

Applies When:Document Type Set Undefined
Page 1
|SecII. CASE FILINGS - A. Formatting
Format RequirementMandatory

Written submissions and supporting materials must be text-searchable where practicable, and non-compliant filings may be stricken.

All written submissions and supporting materials must be text-searchable, to the extent practicable. The Court may strike non-compliant submissions.

Page 1
|SecII. CASE FILINGS - A. Formatting
Communication ProtocolMandatory

Communications with Chambers must generally be made by ECF-filed letter, with simultaneous copies to any pro se litigant.

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.

Letter via ECF

Direct to: Chambers

Page 1
|SecIII. COMMUNICATIONS WITH CHAMBERS - A. Written Communications
Communication ProtocolMandatory

Hard-copy letters may not be delivered to Chambers or the Court.

No hard copies of letters shall be delivered to Chambers or to the Court.

Letter via ECF

Direct to: Chambers

Page 2
|SecIII. COMMUNICATIONS WITH CHAMBERS - A. Written Communications
Communication ProtocolImportant

For emergencies or inquiries, Chambers should be contacted by email at the listed address.

For emergencies or inquiries, please contact Chambers via email, at Marutollo_Chambers@nyed.uscourts.gov.

Email

Direct to: Chambers

Approved Topics
Emergencies
Page 2
|SecIII. COMMUNICATIONS WITH CHAMBERS - A. Written Communications
Communication ProtocolMandatory

Ex parte settlement letters must be emailed to Chambers at the listed address by the court-set deadline.

The parties shall submit ex parte settlement letters to Chambers by email (Marutollo_Chambers@nyed.uscourts.gov) by a deadline set by the Court in each case.

Email

Direct to: Chambers

Requirements
  • Advance Notice Required
    by a deadline set by the Court in each case
Page 3
|SecIV. CONFERENCES
Page or Word LimitMandatory

Ex parte settlement letters are limited to five pages, excluding attachments.

The ex parte letters shall be limited to five (5) pages, exclusive of attachments.

Page 3
|SecIV. CONFERENCES
Communication ProtocolMandatory

Late adjournment requests made within two business days must also be emailed to Chambers with all counsel copied.

Any adjournment of a court appearance being requested less than two (2) business days prior to the scheduled appearance or deadline shall be accompanied by an email to Chambers (copying all counsel) advising the Court of the request.

Email

Direct to: Chambers

Approved Topics
Scheduling
Requirements
  • Advance Notice Required
    required when adjournment is requested less than two (2) business days prior to the scheduled appearance or deadline
Page 3
|SecV. REQUESTS FOR ADJOURNMENTS OR EXTENSIONS OF TIME
Page or Word LimitMandatory

Each party is limited to three pages in its portion of the discovery joint submission.

Each party’s portion of the joint submission shall be limited to three (3) pages.

Page 4
|SecVI.B. Discovery Motions
Pre-Motion ProcedureMandatory

A party requesting a pre-motion conference must file a pre-motion letter capped at three pages with legal citations and a brief motion overview.

To request a pre-motion conference, the moving party is to file and serve a pre-motion conference letter, not to exceed three (3) pages, setting forth the basis for the anticipated motion. The letter shall include citations to relevant authority and should provide a brief overview of the anticipated motion.

Pre-Motion Conference

A pre-motion conference is mandatory before filing. You must submit a letter first.

Letter Requirements

Status
Required
Max Length3 pgs
Page 5
|SecVII. DISPOSITIVE MOTIONS
Pre-Motion ProcedureMandatory

Opposing parties must respond to pre-motion letters within five business days in a three-page response, include specified Rule 12 response positions, and may not file replies.

All parties served with the moving party’s pre-motion conference letter are required to serve and file a letter response within five (5) business days of service of the moving party’s letter, unless otherwise ordered by the Court. The response shall not exceed three (3) pages. When a party responds to a pre-motion conference letter in anticipation of a motion to dismiss, they should state whether they intend to: file an amended complaint as of right, pursuant to Fed. R. Civ. P. Rule 15(a)(1)(B); seek leave to amend in light of one or more alleged pleading defects; or proceed to briefing on the contemplated motion. Replies are not permitted.

Pre-Motion Conference

A pre-motion conference is mandatory before filing. You must submit a letter first.

Letter Requirements

Status
Required
Max Length3 pgs
Opposition Due5 days
Page 5
|SecVII. DISPOSITIVE MOTIONS
Format RequirementMandatory

Memoranda must use 12-point text (11-point footnotes), one-inch margins, and be filed in text-searchable format.

All memoranda of law shall be produced in 12-point font, with footnotes in 11-point font, and shall have one-inch margins on all sides. All memoranda must be filed in a text-searchable format.

Typography
Size12 pt
Layout & Binding
Margins
Top:1"
Left:1"
Right:1"
Bottom:1"
Page 6
|SecVII. DISPOSITIVE MOTIONS
Format RequirementImportant

Dispositive-motion memoranda must follow Local Civil Rule 7.1(c) formatting and length limits unless the Court grants prior permission otherwise.

Unless prior permission has been granted, memoranda of law in support of, and in opposition to, dispositive motions should comply with formatting and length requirements of Local Civil Rule 7.1(c).

Applies When:Document Type Set Undefined
Page 6
|SecVII. DISPOSITIVE MOTIONS
Communication ProtocolImportant

If deposition disputes cannot be resolved among counsel, parties must email Chambers during the deposition at the listed address.

Should the parties be unable to reach a satisfactory resolution regarding the dispute, the parties are directed to contact Chambers via email (Marutollo_Chambers@nyed.uscourts.gov) during the deposition.

Email

Direct to: Chambers

Requirements
  • Advance Notice Required
    Parties must first make every effort to resolve the dispute among themselves.
Page 6
|SecIX. DISPUTES DURING ONGOING DEPOSITIONS
Communication ProtocolImportant

Proposed pre-trial jury submissions should also be emailed to Chambers at the listed address.

These proposed pre-trial submissions should also be submitted to Chambers via email (Marutollo_Chambers@nyed.uscourts.gov) in Microsoft Word format.

Email

Direct to: Chambers

Page 8
|SecB. Filings Prior to Trial

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