Court Rules
magistrate Judge
Verified Current12 days ago

Judge Lee G. Dunst

Eastern District of New York

Limits & Logistics

Document Limits

Joint Letter
3 pgs
Ex Parte Settlement Letter
5 pgs
Letter Motion
5 pgs
Memorandum Of Law
20 pgs
Reply Memorandum
8 pgs
Reply
5 pgs

Courtesy Copies

Filings (>15 pages)

Required

Filings (All filings)

Upon Request

Filings

Upon Request

Filings (Opposition)

Required

Adjournments

Notice Required
24Hours

Must Include

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

Must Include

  • 1
    Reason For Request
  • 2
    Original Date
  • 3
    Proposed New Dates
  • 4
    Number Of Previous Requests
  • 5
    Adversary Position
  • 6
    Emergency Nature

Communication

Email

Chambers

Technical Issues
Advance Notice Required
No Status Inquiries, Hours
Phone

Chambers

Emergencies
Advance Notice Required
No Hours, Status Inquiries
Letter Fax

Chambers

No Status Inquiries, Hours
Email

Chambers

dunst_chambers@nyed.uscourts.gov
SchedulingTechnical Issues
No Status Inquiries
Letter Ecf

Chambers

No Status Inquiries, Hours
Mail

Pro Se Litigants

Advance Notice Required
No Hours, Status Inquiries
Filters:AllMandatoryImportantFormattingCommunicationLettersElectronicsConferencesSettlementMemorandaTypography

Detailed Drafting Rules

Pre-Motion ProcedureMandatory

Pre-motion conference required for dispositive motions via 3-page letter.

A letter motion (not to exceed three (3) pages) requesting a pre-motion conference is required before any dispositive motion may be filed.

Pre-Motion Conference

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

Letter Requirements

Status
Required
Max Length3 pgs
Communication ProtocolNote

Law Clerk Gabriella Weick handles even docket numbers.

Law Clerk: Gabriella Weick (even docket number)

Email

Direct to: Chambers

Approved Topics
SchedulingTechnical Issues
Prohibited
  • Status Inquiries
Page 1
|SecChambers Staff
Communication ProtocolNote

Law Clerk Jordan Hutt handles odd docket numbers.

Law Clerk: Jordan Hutt (odd docket number)

Email

Direct to: Chambers

Approved Topics
SchedulingTechnical Issues
Prohibited
  • Status Inquiries
Page 1
|SecChambers Staff
Communication ProtocolNote

Telephone call procedures for chambers.

A. Telephone Calls .............................................................................................................. 7

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesTechnical Issues
Prohibited
  • Hours
    9:00 AM - 5:00 PM
  • Status Inquiries
Page 2
|SecTelephone Calls
Communication ProtocolNote

Fax procedures for chambers.

B. Faxes ................................................................................................................................ 7

Letter Fax

Direct to: Chambers

Approved Topics
Technical Issues
Prohibited
  • Status Inquiries
Page 2
|SecFaxes
Communication ProtocolNote

Email procedures for chambers.

C. Emails .............................................................................................................................. 7

Email

Direct to: Chambers

Approved Topics
SchedulingTechnical Issues
Prohibited
  • Status Inquiries
Page 2
|SecEmails
Communication ProtocolNote

Letter procedures for chambers.

D. Letters .............................................................................................................................. 8

Letter via ECF

Direct to: Chambers

Approved Topics
Technical Issues
Prohibited
  • Status Inquiries
Page 2
|SecLetters
Communication ProtocolNote

Required notification procedures to chambers.

F. Required Notification To Chambers ............................................................................ 9

Email

Direct to: Chambers

Approved Topics
SchedulingTechnical Issues
Prohibited
  • Status Inquiries
Page 2
|SecRequired Notification To Chambers
Format RequirementMandatory

All submissions must comply with Local Rule 7.1(b) typeface, margins, and spacing requirements; letters may be single-spaced.

Any and all submissions to Judge Dunst must comply with Local Rule Civil Rule 7.1(b) regarding typeface, margins and spacing, except that any letters may be single-spaced.

Typography
Font FamilyTimes New Roman
Size14 pt
Line SpacingDouble
Layout & Binding
Margins
Top:1"
Left:1.5"
Right:1"
Bottom:1"
Communication ProtocolNote

Court appearances may be in person, video, or telephone as designated

As a general matter, court appearances before Judge Dunst are conducted in person under normal circumstances. However, in light of the potential burden on litigants and the volume of cases pending before the Court, some appearances before Judge Dunst may be conducted by video or telephone. The Court will designate the method of conferring in applicable scheduling orders, as well as in the public calendar posted on the docket.

Email

Direct to: Chambers

Approved Topics
Scheduling
Prohibited
  • Status Inquiries
Page 5
|SecC. Expectations For Court Appearances
Communication ProtocolNote

Remote conferences are public except settlement conferences

All remote conferences (except for settlement conferences) are public proceedings; nonparties are welcome to attend.

Email

Direct to: Chambers

Approved Topics
Scheduling
Page 5
|SecC. Expectations For Court Appearances
Communication ProtocolNote

Connect to video conferences 5 minutes before scheduled time

Video. If the Court conferences by video, the Court will email a Zoom link to the email addresses of all counsel listed on the docket. The parties are directed to connect at least five (5) minutes before the scheduled time for the video conference.

Email

Direct to: Chambers

Approved Topics
Scheduling
Page 6
|SecC. Expectations For Court Appearances
Communication ProtocolNote

Dial into telephone conferences 5 minutes before scheduled time

Telephone. If the Court conferences by telephone, the Court will email an invitation to the email addresses for all counsel listed on the docket. The parties are directed to dial in at least five (5) minutes before the scheduled time for the telephonic conference.

Email

Direct to: Chambers

Approved Topics
Scheduling
Page 6
|SecC. Expectations For Court Appearances
Communication ProtocolNote

Maintain professionalism in remote appearances and ensure technology works

The Court expects the parties to demonstrate the same professionalism by video and telephone as they would for in-person appearances. This includes ensuring ahead of time that the technology for the appearance is sufficient and functioning properly so that the Court may hear and/or see those appearing.

Email

Direct to: Chambers

Approved Topics
Scheduling
Page 6
|SecC. Expectations For Court Appearances
Communication ProtocolMandatory

Only counsel of record or personally authorized attorneys may appear

Only a party’s counsel of record or an attorney personally authorized to appear by the party (and not simply by the party’s counsel of record) may appear on behalf

Email

Direct to: Chambers

Approved Topics
Scheduling
Page 6
|SecE. “Of Counsel” Appearances Prohibited
Communication ProtocolMandatory

Telephone calls to chambers are generally prohibited except for emergencies in civil cases.

Telephone calls to Chambers are GENERALLY PROHIBITED and permitted only in EMERGENCY situations requiring IMMEDIATE attention in civil cases, or as otherwise ordered by the Court.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Hours
  • Status Inquiries
Communication ProtocolMandatory

Faxes to chambers are not permitted.

Faxes to Chambers are not permitted.

Letter Fax

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Hours
  • Status Inquiries
Communication ProtocolMandatory

Emails to chambers are generally prohibited except for specific purposes.

Emails to Chambers are GENERALLY PROHIBITED and permitted ONLY (1) to notify Chambers of the matters described in Rule II.F set forth below, (2) to submit ex parte settlement statements consistent with Rule V.C. set forth below, or (3) as otherwise specifically directed by the Court.

Email

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Hours
  • Status Inquiries
Communication ProtocolMandatory

All letters to the court must be filed via ECF unless otherwise directed.

All letters sent to the Court must be filed via ECF (as set forth below), unless otherwise directed by the Court.

Letter via ECF

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Hours
  • Status Inquiries
Communication ProtocolMandatory

Adjournment/extension requests must be filed as motions on ECF, not as letters.

Requests for adjournments or extensions of time may be in letter format but must be filed electronically as “Motions” on ECF, not as “Letters.”

Letter via ECF

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Hours
  • Status Inquiries
Communication ProtocolMandatory

Parties must notify chambers by email if settlement reached or recusal grounds exist.

A party or the parties should notify chambers by email if any of the following events occur: 1. the parties have reached a settlement; or 2. any party has reason to believe that that there may be grounds that Judge Dunst should be recused from any pending civil or criminal matter due to (a) his direct or indirect involvement in the matter, or (b) for any other reason that has come to a party's attention.

Email

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
Prohibited
  • Hours
  • Status Inquiries
Page 9
|SecF. Required Notification To Chambers
Communication ProtocolImportant

Court orders sent to pro se litigants by U.S. mail; must keep contact info current.

Court orders will be provided to pro se litigants by U.S. mail at the current address listed on the docket sheet. Pro se litigants must keep current contact information on file with the Court, or risk dismissal of claims or other sanctions.

Mail

Direct to: Pro Se Litigants

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
Prohibited
  • Hours
  • Status Inquiries
Page 10
|SecC. Pro Se Litigants
Communication ProtocolMandatory

Contact Chambers by phone immediately for deposition disputes requiring court intervention.

If material problems arise during the course of a deposition, the parties are strongly encouraged to first make a good faith attempt to resolve the dispute among themselves. If a resolution cannot be achieved (and the parties believe in good faith that there is a need for immediate court intervention), the parties are directed to contact Chambers immediately by telephone with counsel for the parties and the court reporter on the line.

Phone

Direct to: Chambers

Approved Topics
Emergencies
Requirements
  • Advance Notice Required
    immediately
Page 14
|SecE. Disputes During Ongoing Depositions
Communication ProtocolNote

Provide virtual deposition link to Court if requested.

If the deposition is being conducted virtually, the Court may request the parties to forward a link to join.

Email

Direct to: Chambers

Approved Topics
Technical Issues
Page 14
|SecE. Disputes During Ongoing Depositions
Page or Word LimitMandatory

Ex parte settlement letters limited to 5 pages (excluding attachments).

The ex parte letters shall be limited to five (5) pages, excluding attachments (but the Court expects the parties to exercise their reasonable judgment as to the number and length of any exhibits to their ex parte letters).

Page or Word LimitMandatory

Non-dispositive letter motions limited to 5 pages; opposition due within 10 business days.

Letter motions may not exceed five (5) pages in length, exclusive of attachments. A response in opposition may not exceed five (5) pages in length, exclusive of attachments, and must be filed within ten (10) business days after the motion is filed.

Page or Word LimitMandatory

Memoranda of law limited to 20 pages; reply memoranda to 8 pages.

Memoranda of law in support of and in opposition to motions on notice are limited to twenty (20) pages, and reply memoranda are limited to eight (8) pages.

Page or Word LimitMandatory

Reply memoranda limited to 8 pages.

Reply memoranda are limited to eight (8) pages.

Document RequirementMandatory

Memoranda must include TOC and TOA; page limits exclude these.

All memoranda shall contain both a table of contents and a table of authorities. The page limitations are exclusive of tables of contents and authorities.

Document Type

Memorandum Of Law

Content & Formatting
Table Of Contents
Table Of Authorities
Format RequirementMandatory

Memoranda must comply with Local Rule 11.1(b) for formatting.

All memoranda of law shall comply with Local Rule Civil Rule 11.1(b) regarding typeface, margins and spacing.

Applies When:Motion Type Set Undefined
Typography
Font FamilyTimes New Roman
Size14 pt
Line SpacingDouble
Layout & Binding
Margins
Top:1"
Left:1.5"
Right:1"
Bottom:1"