Judge LaShann DeArcy Hall
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- Upon Filing
Binding: Three Ring Binder
Exhibits
Motion
- Upon Filing
Adjournments
- Adjournment or extension requests must be made at least two business days before the deadline or appearance unless there is an emergency.
- Adjournment or extension requests must include prior date, reason, prior-request history, adversary position, and effects on other dates with a proposed revised schedule if applicable.
Request must include
- Applications regarding sentencing adjournments must be made in writing by defense counsel at least five (5) business days prior to the date of sentencing. Extensions for this deadline may be granted for good cause shown.
- Requests to exceed memorandum page limits must be written, state the basis, be made five business days before the due date, and for reply briefs at least one day before.
Communication
Chambers
Phone
Chambers
Page & Word Limits6 rules
Reply memoranda are limited to ten (10) pages (exclusive of tables of contents, tables of authorities, appendices, and attachments).
Reply Memorandum
10 pages
Unless prior permission is granted, memoranda in support of and in opposition to motions are limited to 25 pages (exclusive of tables of contents, tables of authorities, appendices, and attachments).
Memorandum Support Or Opposition
25 pages
Memoranda in support of or in opposition to motions for reconsideration, however, are limited to five (5) pages.
Memorandum Reconsideration
5 pages
Format: Any appeal of a Magistrate Judge’s discovery determination must be in the form of a letter not exceeding three (3) pages in length.
Discovery Appeal Letter
3 pages
Support and opposition memoranda are limited to 25 pages, excluding appendices and attachments.
Unless prior permission is granted, memoranda in support of and in opposition to motions are limited to 25 pages, not including appendices or attachments, and reply memoranda are limited to ten (10) pages, not including appendices or attachments.
Memorandum In Support Or Opposition
25 pages
The Government’s response, if any, must be no longer than three (3) pages and must be made in writing at least two (2) business days later.
Government Response To Sentencing Adjournment Application
3 pages
Applies to: Attorney
Document Format Requirements8 rules
Memoranda must be double-spaced with one-inch margins. Use Times New Roman, 12-point font, with footnotes that are at least 10-point font. Condensing or kerning of character spacing is not permitted.
Joint pretrial orders must comply with the requirements of Section III.C.3, specifying the proper formatting for memoranda,
Parties must provide tabbed pre-marked exhibit binders by trial with size and labeling requirements.
After the pretrial conference, and no later than the first day of trial, all parties must provide the Court with tabbed binders containing copies of exhibits that have been pre-marked in accordance with the pretrial order. Exhibit binders must be appropriately sized for their contents, with no single binder exceeding two (2) inches. Binder covers and spines must identify the case name, docket number, and the binder’s contents.
Parties must provide tabbed exhibit binders by the first day of trial, keep each binder at or under two inches, label covers/spines with case details and contents, and double-sided printing is encouraged.
After the pretrial conference, and no later than the first day of trial, all parties must provide the Court with tabbed binders containing copies of exhibits that have been pre-marked in accordance with the pretrial order. Exhibit binders must be appropriately sized for their contents, with no single binder exceeding two (2) inches. Binder covers and spines must identify the case name, docket number, and a description of the binder’s contents. Parties are encouraged to print on both sides of the page.
the Court must be emailed to Chambers in word processing format, as well as filed via ECF in PDF format. The Court prefers to receive documents as Microsoft Word files, but Corel WordPerfect files are acceptable. Parties need not submit word processing files of stipulations unless specifically requested to do so.
In addition to filing jury materials via ECF, parties must submit them in accordance with Section II.C’s specifications for the provision of word processing files for certain submissions.
Parties are encouraged to print on both sides of the page.
Document Filing Requirements32 rules
Related papers filed via ECF must clearly indicate the manner in which the exhibits were filed.
DocumentRelated Papers
The proposed sealed document(s) should be attached to the motion for leave to file under seal.
DocumentMotion For Leave To File Under Seal
Reply 56.1 statements must quote the opposing statement verbatim, respond only to additional material facts, and may not add new material facts.
A moving party’s reply 56.1 statement must quote, verbatim, the opposing party’s 56.1 statement, including all citations. A moving party’s reply statement may only respond to the opposing party’s statement of additional material facts and must do so by stating the moving party’s response immediately beneath each statement of additional material fact. Reply statements may not introduce any new material facts.
DocumentReply 56 1 Statement
If an opposing party chooses to include additional materials facts alleged to be in dispute, they must do so in a separately titled but consecutively numbered section.
DocumentOpposition 56 1 Statement
Non-pro-se parties must quote and respond to each opening 56.1 fact statement verbatim and directly beneath each statement.
Except for pro se parties, a party’s opposition to an opening 56.1 statement must quote, verbatim, the opening 56.1 statement, including all citations, and respond to the moving party’s statements of fact immediately beneath each statement.
DocumentOpposition 56 1 Statement
summary judgment must be accompanied by a statement pursuant to Local Civil Rule 56.1.
DocumentMotion For Summary Judgment
Each paragraph in a 56.1 statement must contain an assertion of a material undisputed fact, not a description of evidence.
Document56 1 Statement
No statement of fact should be included in a 56.1 statement unless it can be established by direct evidence.
Document56 1 Statement
Any evidence cited in a party’s 56.1 statement must be attached as an exhibit to a declaration and filed along with a party’s 56.1 statement.
Document56 1 Statement
Requests to exceed memorandum page limits must state the basis, show good cause, and be filed in writing at least 5 business days before the due date.
Requests to file memoranda exceeding the page limits set forth herein must clearly state the basis for the request and will only be granted for good cause shown. Any such requests must be made in writing at least five (5) business days prior to the relevant memorandum’s due date,
DocumentRequest To Exceed Page Limits
All motion papers must be served with a cover letter stating whom the serving party represents and the papers being served.
DocumentMotion Papers
Accordingly, material facts in any pre-motion letter or memorandum of law in connection with a motion for summary judgment must cite to relevant paragraphs of 56.1 statements.
DocumentPre Motion Letter Or Memorandum Of Law
Memoranda must be filed with all exhibits cited therein, regardless of whether any such exhibits have already been submitted to the Court in a prior filing.
DocumentMemorandum
Summary-judgment memoranda must cite to both a Rule 56.1 statement and the evidence cited in the applicable Rule 56.1 statement.
DocumentSummary Judgment Memorandum
Memoranda must contain a table of contents and a table of authorities.
DocumentMemorandum
Memoranda must have the date of service plainly visible on the front cover.
DocumentMemorandum
Caption: the full caption of the action;
DocumentJoint Pretrial Order
Parties and Counsel: the names of the parties and their counsel, including firm names, addresses, telephone, and trial counsel’s fax numbers;
DocumentJoint Pretrial Order
The joint pretrial order must summarize remaining claims and defenses with statutory citations, and omitted claims or defenses are waived.
Claims and Defenses: a brief summary by each party of the elements of the claims and defenses that party asserted that remain to be tried, without recital of evidentiary matter, and including citations to all statutes relied on – the parties waive all claims and defenses not set forth in the joint pretrial order;
DocumentJoint Pretrial Order
Such letter must set forth the specific aspects of the Magistrate Judge’s determination that are being challenged.
DocumentDiscovery Appeal Letter
The joint pretrial order must include jurisdiction statements from all parties with citations to statutes and relevant citizenship and amount facts.
Jurisdiction: 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 must include citations to all statutes relied on and relevant facts as to citizenship and jurisdictional amount;
DocumentJoint Pretrial Order
Damages: a detailed statement regarding damages and other relief sought for each claim;
DocumentJoint Pretrial Order
Except for good cause shown, only exhibits listed in the joint pretrial order will be received in evidence.
DocumentJoint Pretrial Order
The joint pretrial order must include detailed witness disclosures, and generally only listed witnesses may testify unless prompt notice and good cause are shown.
Witnesses: a list of the names and addresses of all witnesses, including impeachment or rebuttal witnesses, together with a brief statement of the expected testimony of each witness, and a brief description of the bases for and responses to any objections to a witness – only witnesses listed in the joint pretrial order will be permitted to testify except when prompt notice of any additional witness is given and good cause shown;
DocumentJoint Pretrial Order
In non-jury trials, parties must file proposed findings of fact and conclusions of law no later than ten (10) business days after the conclusion of trial. Responses to such submissions are not permitted.
DocumentProposed Findings Conclusions
Jury materials must be filed on ECF and also submitted in required word-processing format per Section II.C.
Jury Materials: voir dire questions, jury instructions, and verdict sheets – these materials must be filed via ECF, as well as submitted in accordance with Section II.C’s specifications for the provision of word processing files for certain submissions.
DocumentJury Materials
Jury materials shall include proposed voir dire questions, jury instructions, and verdict sheets. Jury materials must be filed ten (10) business days before the commencement of jury selection.
DocumentJury Materials
A list of all potential witnesses and any other individuals and entities that may be mentioned at trial must be filed at least ten (10) business days before jury selection.
DocumentWitness List
No procedural history should be included in a 56.1 statement unless relevant to the motion (for example, if the motion raises a statute of limitations issue).
Document56 1 Statement
Notices of motion must include provided oral-argument date/time or the specified fallback language if date/time is not yet set.
Notice of motions must state the date and time of oral argument if the Court has already provided one. Otherwise, they must state that oral argument will be “on a date and at a time to be designated by the Court.”
DocumentNotice Of Motion
All memoranda must contain a table of contents and a table of authorities.
DocumentMemorandum Of Law
Parties may request oral argument by noting “Oral Argument Requested” in the top right corner of the cover page of either a notice of motion or opposing memorandum.
DocumentNotice Of Motion Or Opposing Memorandum
Filing & Service rules
Courtesy Copy Requirements
Parties should not submit hard copies of the following submissions: a) submissions fewer than 25 pages (inclusive of any exhibits or attachments), except as required by Section III.B.2 (regarding the submission of courtesy copies during motion briefing); b) pleadings as defined by Fed. R. Civ. P. 7(a); and c) motions, letters, or other filings directed to the magistrate judge assigned to the matter. Except as provided above, courtesy copies of all electronically filed submissions must be provided to Chambers.
Parties should not submit hard copies of the following submissions: a) submissions fewer than 25 pages (inclusive of any exhibits or attachments), except as required by Section III.B.2 (regarding the submission of courtesy copies during motion briefing); b) pleadings as defined by Fed. R. Civ. P. 7(a); and c) motions, letters, or other filings directed to the magistrate judge assigned to the matter. Except as provided above, courtesy copies of all electronically filed submissions must be provided to Chambers.
Page 3 | Courtesy Copies
Courtesy copies must be labeled 'Courtesy Copy' and include the ECF filing stamp and docket number, except for the Section III.B.2 contemporaneous motion-briefing submission scenario.
All courtesy copies must be clearly marked “Courtesy Copy.” Except when submitted in accordance with Section III.B.2 below, regarding the contemporaneous submission of courtesy copies during motion briefing, all courtesy copies must include the stamp generated when a document is filed via ECF (including the document number as listed on the docket).
Page 3 | Courtesy Copies
When filing only after full briefing, the moving party must provide a courtesy copy of the fully briefed motion promptly after filing.
If parties elect to file motion papers only after a motion is fully briefed, the moving party will be responsible for filing the full set of papers via ECF and for providing the Court with a courtesy copy, in accordance with Section II.D, of the fully briefed motion as soon as practicable after filing.
Page 6 | Filing of Motion Papers
For impractical-to-efile non-text exhibits, parties should deliver a compact-disc courtesy copy to Chambers (and an original to the Clerk).
Parties filing non-text exhibits that are impractical to file electronically should submit an electronic version on a compact disc to the Clerk’s Office (labeled “Original”) and to Chambers (labeled “Courtesy Copy”).
Page 2 | ELECTRONIC CASE FILING (ECF) - Mandatory ECF Filing
Courtesy-copy submissions must be organized in one tabbed three-ring binder not exceeding 2 inches, with a pro se exemption from these binder-format requirements.
When providing courtesy copies to Chambers, all documents comprising a submission (ie: memorandum, declarations, exhibits, etc.) must be contained in a single three-ring binder with appropriately labeled tabs. Binders must be appropriately sized for their contents—0.5, 1, 1.5, or 2 inches—but must not exceed 2 inches. Parties proceeding pro se are exempt from these requirements, but should make every effort to clearly mark exhibits and present well-organized papers.
Page 3 | Courtesy Copies
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.
Motions for leave to file documents under seal should be filed via ECF in accordance with the EDNY’s instructions for filing sealed documents.
Page 2 | ELECTRONIC CASE FILING (ECF) - Sealing of Submissions
Filing Bundling Requirements
Motions in limine must be bundled into one single submission.
All motions in limine must be in a single submission in accordance with the requirements of Section III.C, specifying the proper formatting for memoranda.
Page 9 | Pretrial Filings
The Court encourages parties to hold filing motion papers until full briefing, except for Rule 50, 59, and 60 motions.
As a courtesy, the Court requests that parties refrain from filing motion papers until a motion is fully briefed. This request does not apply to motions made pursuant to Rule 50, 59, or 60.
Page 6 | Filing of Motion Papers
Pre-Motion Conference Requirements
Unless modified by the summary-judgment subsection, non-movants must file a pre-motion response letter within five business days, limited to three pages.
Except as provided in Section III.A.6 below, regarding motions for summary judgment, within five (5) business days from service of a pre- motion letter, the non-movant must file a letter response not to exceed three (3) pages either opposing the motion or advising the Court that it does not intend to oppose the motion.
Page 4 | CIVIL MOTIONS - Pre-Motion Conferences
A moving party seeking a pre-motion conference must file and serve a pre-motion letter capped at three pages that states the motion basis, and timely Rule 12 pre-motion service counts as timely Rule 12(b) motion service.
To request a pre-motion conference, moving parties must file and serve a letter not to exceed three (3) pages stating the basis for the motion. Service of a pre-motion letter by the moving party within the time requirements of Rule 12 shall constitute timely service of a motion made pursuant to Rule 12(b)
Page 4 | CIVIL MOTIONS - Pre-Motion Conferences
In civil cases, parties must request a pre-motion conference before Rule 12, Rule 56, venue-change, or Rule 15-leave motions, with stated exceptions.
Except habeas corpus/prisoner petitions, Social Security appeals, bankruptcy appeals, and post-trial motions, parties must request a pre- motion conference with the Court before making: a) any motion pursuant to Rule 12 or 56; b) any motion for a change of venue; or c) any motion to amend a pleading pursuant to Rule 15 where leave of the Court is required.
Page 4 | CIVIL MOTIONS - Pre-Motion Conferences
For Rule 56 motions, the pre-motion letter deadline is fifteen business days after discovery closes unless the Court orders otherwise.
Unless otherwise ordered by the Court, the deadline to submit a pre-motion letter for a motion pursuant to Rule 56 shall be fifteen (15) business days after the close of discovery.
Page 4 | CIVIL MOTIONS - Pre-Motion Conferences
Parties have 15 business days to respond to a pre-motion letter and accompanying 56.1 statement.
Parties shall have fifteen (15) business days from service of a pre-motion letter and accompanying 56.1 statement to respond to each.
Page 5 | CIVIL MOTIONS
Parties have 10 business days to file a reply 56.1 statement, and reply letters are not allowed.
Parties shall have ten (10) business days from receipt of an opposing 56.1 statement to file a reply 56.1 statement. No reply letter shall be permitted.
Page 5 | CIVIL MOTIONS
Motion papers cannot be served before the Court enters a briefing schedule, and schedule changes require Court approval.
Parties may not serve motion papers before the Court enters a briefing schedule. No changes in a briefing schedule may be made without the Court’s approval.
Page 6 | Filing of Motion Papers
Appeals of magistrate discovery determinations are due within 14 days, oppositions are due within 14 days after service, and replies are not allowed unless the Court requests one.
Timing: Unless otherwise ordered by the Court, any appeal of a Magistrate Judge’s discovery determination must be served upon all parties and filed with the Court within fourteen (14) days of the challenged determination. Any party opposing such appeal shall file its opposition, if any, within fourteen (14) days of service of any appeal. Parties are not permitted a reply as of right. Should the Court desire a reply letter or additional briefing, the Court shall inform the parties.
Page 8 | A. Appeals of Discovery Determinations by Magistrate Judges
A moving party must file a brief pre-motion letter, and other parties may optionally respond within five business days.
To arrange a pre-motion conference, the moving party must submit a brief letter setting forth the basis for the anticipated motion. All parties served may, but are not required to, serve and file a brief letter response within five (5) business days from service of the notification letter.
Page 11 | A. Pre-Motion Conferences
Motion papers cannot be served until the Court sets a briefing schedule after the pre-motion conference, and schedule changes require Court approval.
The Court will order briefing schedules for motions. Parties should anticipate a schedule that will require the filing of their motion within a short time after the pre-motion conference (usually two weeks). Parties may not serve motion papers before the Court enters a briefing schedule. No changes in a briefing schedule may be made without the Court’s approval.
Page 11 | B. Filing of Motion Papers
Counsel must raise anticipated motions at a status conference or request a written pre-motion conference request stating grounds if no status conference is set.
Counsel must advise the Court of any motions they want to file at a status conference scheduled by the Court. If no status conference has been scheduled, counsel must request a pre-motion conference in writing and briefly state the grounds for any anticipated motion.
Page 11 | A. Pre-Motion Conferences
For motions in limine, responses are due in ten business days, replies are not allowed, and oral argument is scheduled only if the Court deems it necessary.
Responses, if any, will be due ten (10) business days later. Replies to motions in limine are not permitted. Oral argument, if necessary, shall be scheduled at the convenience of the Court.
Page 13 | Motions in Limine
Pre-motion conference letters are not required for non-enumerated motions, including Rules 50, 59, and 60 motions.
The provisions of this Section do not apply to motions other than those specifically enumerated. For example, letters requesting pre-motion conferences are not required for motions pursuant to Rule 50, 59, or 60.
Page 4 | CIVIL MOTIONS - Pre-Motion Conferences
Oral argument is the default for all motions unless the Court directs otherwise.
Unless otherwise directed by the Court, oral argument will be held on all motions.
Page 12 | D. Oral Argument
Adjournment & Extension Requirements
Adjournment or extension requests must be made at least two business days before the deadline or appearance unless there is an emergency.
Absent an emergency, all requests for adjournments or extensions of time must be made at least two (2) business days prior to a scheduled deadline or appearance.
Page 1 | COMMUNICATIONS WITH CHAMBERS - Requests for Adjournments or Extensions of Time
Adjournment or extension requests must include prior date, reason, prior-request history, adversary position, and effects on other dates with a proposed revised schedule if applicable.
and must state: a) the original date; b) the reason for the request; c) the number of previous requests for adjournments or extensions of time; d) whether these previous requests were granted or denied; e) whether the adversary consents, and, if not, the reason given by the adversary for refusing to consent; and f) whether the adjournment or extension of time affects any other scheduled dates. If so, the party must provide a proposed Revised Scheduling Order.
Page 2 | COMMUNICATIONS WITH CHAMBERS - Requests for Adjournments or Extensions of Time
Requests to exceed memorandum page limits must be written, state the basis, be made five business days before the due date, and for reply briefs at least one day before.
Requests to file memoranda exceeding the page limits set forth herein must clearly state the basis for the request and will only be granted for good cause shown. Any such requests must be made in writing five (5) business days prior to the relevant memorandum’s due date, except with respect to reply briefs, in which case the request must be made at least one (1) day prior to the due date.
Page 11 | C. Memoranda of Law
Applications regarding sentencing adjournments must be made in writing by defense counsel at least five (5) business days prior to the date of sentencing. Extensions for this deadline may be granted for good cause shown.
Applications regarding sentencing adjournments must be made in writing by defense counsel at least five (5) business days prior to the date of sentencing. Extensions for this deadline may be granted for good cause shown.
Page 12 | E. Sentencing Motions
Chambers Communication Rules
Emails to Chambers are allowed only in emergencies and only with prior Court authorization (except as required by Section II.C).
Except as required by Section II.C, regarding the provision of word processing files for certain submissions, emails to Chambers (dearcyhall_chambers@nyed.uscourts.gov) are permitted only in emergency situations and with prior authorization by the Court.
Page 1 | COMMUNICATIONS WITH CHAMBERS
Non-emergency communications with Chambers must be made by ECF letter and simultaneously provided to parties not receiving ECF notifications.
Except in emergency situations requiring immediate attention, all communications with Chambers must be by ECF letter, with copies simultaneously delivered to all parties who do not receive ECF notifications.
Page 1 | COMMUNICATIONS WITH CHAMBERS
Telephone calls to Chambers are prohibited.
Telephone calls to Chambers are not permitted.
Page 1 | COMMUNICATIONS WITH CHAMBERS
When filing an adjournment or extension request, parties must email Chambers with the specified adjournment-request subject line.
At the time of filing a request for adjournment or extension of time, parties must email Chambers to notify the Court of the request with the subject line “ADJOURNMENT REQUEST: [Docket No]”.
Page 2 | COMMUNICATIONS WITH CHAMBERS - Requests for Adjournments or Extensions of Time
Copies of correspondence among counsel may not be sent to Chambers unless annexed to pleadings or motion papers.
Except where annexed to pleadings or motion papers, copies of correspondence between or among counsel shall not be sent to Chambers.
Page 1 | COMMUNICATIONS WITH CHAMBERS
Docketing, scheduling, and calendar matters must be handled by calling the Courtroom Deputy at the listed phone number.
For docketing, scheduling, and calendar matters, call Courtroom Deputy Catherine Greenidge at (718) 613-2105.
Page 1 | COMMUNICATIONS WITH CHAMBERS