Judge Natasha C. Merle
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy
- 3 copies
Exhibits
- 3 copies
Binding: Tabbed Three Ring
Filings >= 50 pages
Binding: Tabbed Three Ring
Adjournments
- Adjournment and extension requests require 2 business days advance notice unless emergency.
- Adjournment applications for sentencing must be filed at least 10 business days before sentencing, with responses due 6 business days prior.
- Sentencing adjournment requests must be submitted at least 10 business days before sentencing, with responses due 6 business days prior.
- Adjournment and extension requests must be in writing via ECF with specific required elements.
- Adjournments affecting other dates must include proposed revised dates.
- Criminal adjournment requests have additional requirements regarding new dates and Speedy Trial Act time exclusions.
Request must include
- The Government should advise the Court at least two (2) days in advance if a victim will be making a victim impact statement at sentencing.
- At least 3 days notice required for guilty plea on violation of supervised release.
Communication
Chambers
Phone
Chambers
Page & Word Limits2 rules
Memoranda of law in support or opposition are limited to 25 pages; reply memoranda are limited to 10 pages, exclusive of TOC, TOA, appendices, and attachments.
- Page limit
- Up to 25 pages
- Format
- Double-spaced
- Opposition
Excluded from page count
- •Table of contents
- •Table of authorities
- •Appendices
- •Attachments
Court's wording
Unless prior permission has been granted, memoranda of law in support of or in opposition to motions are limited to twenty-five (25) pages, double-spaced, and reply memoranda are limited to ten (10) pages, double-spaced. These page limits are exclusive of tables of contents, tables of authorities, appendices, and attachments.
Memoranda in support of or in opposition to motions for reconsideration are limited to ten (10) pages.
- Page limit
- Up to 10 pages
- Reconsideration motions
Document Format Requirements4 rules
Parties may use Georgia or Times New Roman 12-point font, with footnotes in 12-point font, and one-inch margins.
- Font
- Times New Roman
- Font size
- 12 points
- Margins
- 1 inch
The parties shall provide the Court with three tabbed binders containing copies of all exhibits, as well as an exhibit and witness list, no later than the Friday before trial.
- Binding
- Tabbed binder
- Exhibits
Formatting
- •Three binders required
- •Include exhibit and witness list
- •Due by Friday before trial
All written submissions and supporting materials must be text-searchable, to the extent practicable.
Formatting
- •Text-searchable
Any document to be offered in evidence that contains multiple pages shall be paginated by counsel before trial, but any existing Bates stamps or other pagination may suffice.
Document Filing Requirements14 rules
Memoranda of ten (10) pages or more shall contain a table of contents and table of authorities.
Must include
- •Table of contents
- •Table of authorities
The proposed pretrial order shall include the following: 1. Caption: The full caption of the action. 2. Parties and Counsel: The names (including firm names), addresses, telephone, and email addresses of trial counsel. 3. Statement of the Case: A short statement of the case that can be used for introduction to potential jurors. 4. Jurisdiction: A statement concerning basis of subject matter jurisdiction, and a brief statement by the defendant on the presence or absence of subject-matter jurisdiction. These statements shall include citations to all (i) statutes and legal doctrines relied on, and (ii) relevant facts concerning citizenship and jurisdictional amount. 5. Claims and Defenses: A brief summary by each party of the elements of the claims and defenses which remain to be tried, including citations to all statutes relied on, with a summary of the facts relied upon to establish each element. 6. Statement of Relief Sought: A detailed statement of the damages and other relief sought by the plaintiff. 7. Jury or Bench Trial; Trial Length; Trial Dates: A statement as to whether the case is to be tried with or without a jury, the number of trial days needed, and proposed trial dates
- Document
- Pretrial order
Must include
- •Caption
- •Statement of facts
Joint pretrial order must be filed within 60 days after discovery closes, or 30 days after summary judgment decision if such motion was pending.
Court's wording
Unless otherwise ordered by the Court, the parties shall file a proposed joint pretrial order within sixty (60) days of the completion of fact or expert discovery, whichever occurs later. However, if a pre-motion conference letter in anticipation of a summary judgment motion has been filed, the parties shall file a proposed joint pretrial order within thirty (30) days after a decision on the motion for summary judgment.
Requests to charge, proposed verdict sheets, and proposed voir dire questions in jury cases shall be filed on ECF and provided to chambers in PDF and Microsoft Word formats no later than fourteen (14) days before jury selection, unless otherwise ordered by the Court.
The parties shall include in their proposed voir dire questions the names of any individuals, locations, or entities that the party expects to be mentioned during trial.
Any written request for a bail modification by a defendant shall be filed on ECF as a letter-motion and shall indicate whether the Government and Pretrial Services Officer consent to the request.
14. In non-jury trials, parties shall file and serve with the joint pretrial order proposed findings of fact and conclusions of law. The proposed findings of fact should be detailed
Any filing styled as a "Letter" shall identify in its ECF header (i) the addressee and (ii) the subject matter. E.g., "Letter to Judge Merle re: Request for Remote Conference."
- Document
- Letter
- Placement
- First-page header
Proposed orders and similar documents must be filed on ECF and emailed in PDF and Word format.
Court's wording
Proposed orders, jury instructions, findings of fact, conclusions of law, and other writings a party requests that the Court adopt shall be filed on ECF and provided via e-mail, in PDF and Microsoft Word format, to Merle_Chambers@nyed.uscourts.gov.
13. Motions in limine: A list of motions in limine each party intends to file, pursuant to the deadline set forth in Rule IV.B.1 below, with a brief description of the nature of such motion.
Provide pro se litigants with a copy of this Court's individual rules and file a certificate of service as early as practicable.
- Document
- Certificate
Include
- •Certificate of service
Objections to presentence reports at least 7 days before sentencing. Specify language and paragraph numbers.
All requests for adjournments or extension of time must be in writing and submitted on ECF
when preparing the record, the respondent shall include either a table of contents or an index of the record's contents.
- Document
- Habeas record
Must include
- •Table of contents
Filing & Service rules
Courtesy Copy Requirements
Parties must provide three copies of tabbed exhibit binders with case caption on spine and cover, due Friday before trial start.
The parties shall also provide the Court with three copies of tabbed binders containing all exhibits, with the case caption on the spine and front cover of each binder, on the Friday before the start of trial, unless otherwise ordered by the Court.
Page 17 | B. Pretrial Filings in Civil Cases
Courtesy copies required for submissions 25+ pages and certain motions regardless of length.
Parties shall deliver to chambers one (1) courtesy copy of the following submissions: a. all written submissions filed on ECF that are twenty- five (25) pages in length or more (inclusive of any exhibits or attachments); and b. regardless of page length, all (i) motions to dismiss, (ii) motions for summary judgment, (iii) motions to compel arbitration, and (iv) motions to remand to state court.
Three copies of tabbed binders with all exhibits and list of exhibits and witnesses no later than Friday before trial.
Three copies of tabbed binders with all exhibits and list of exhibits and witnesses no later than Friday before trial.
Courtesy copies must include ECF stamp at top of page.
The courtesy copy will be reproductions of the document as filed on ECF, with the ECF stamp appearing at the top of the page.
Submissions 50+ pages must be in a single three-ring binder with tabs, max 2 inches.
For submissions fifty (50) pages in length or more, all documents comprising a submission (i.e., memoranda, declarations, exhibits, etc.) must be submitted together, in a single three-ring binder with appropriately labeled tabs. For example, all exhibits must be identified and separated by corresponding numbered or lettered tabs. Binders must be appropriately sized for their contents, but they must not exceed 2 inches. Binder covers and spines must identify the case name, docket number, and the binder's contents.
Courtesy copies must be double-sided and bound on the left.
Documents must be printed double-sided and bound on the left side.
Sealing & Redaction Procedures
Objections should be filed under seal on ECF and served upon opposing counsel and the Probation Department.
Objections should be filed under seal on ECF and served upon opposing counsel and the Probation Department.
Page 21 | E. Sentencing
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 documents 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 documents should be attached to the motion for leave to file under seal.
Filing Bundling Requirements
Bundled motions for summary judgment must be filed in four separate docket entries with specific content for each entry.
d. When filing a bundled motion for summary judgment, the papers shall be filed in four docket entries: i. The first entry shall contain the Notice of Motion. ii. The second entry shall contain the memorandum in support. The entry should include the following documents attached as exhibits: I. the Local Rule 56.1 statement; II. the declaration listing exhibits; and III. exhibits (each uploaded as a separate entry and appropriately titled, e.g., "Ex. 1 – Doe Declaration"). iii. The third entry shall contain the nonmovant's filings in the same order. iv. The fourth entry shall contain the reply, if any.
Page 11 | III. MOTION PRACTICE
Except as otherwise set forth herein, the court requests that the moving party prepare its notice of motion, memorandum of law, and supporting affidavits and exhibits in accordance with Local Civil Rules 7.1 and 11.1, and all other applicable rules of the Federal Rules of Civil Procedure and Local Rules of the Eastern District of New York. The notice of motion shall not contain a return date. The moving papers shall be served on all parties but only a copy of the movant’s cover letter shall be filed via ECF and designated as a Letter. The filing of the cover letter within the time period prescribed by any federal statute, rule relating to the filing of motions, or Court order shall constitute timely filing of the motion within the meaning of such statute or rule, and as required by Fed. R. Civ. P. 5(d)(1). b. Opposition papers shall be served on all parties, but only a copy of the opponent’s cover letter shall be filed via ECF. That filing shall be designated as a Letter on ECF. c. After the motion has been fully briefed (i.e., the moving papers, opposition papers, and reply papers, if any, have been served), the moving party shall file all of the papers on ECF.
Except as otherwise set forth herein, the court requests that the moving party prepare its notice of motion, memorandum of law, and supporting affidavits and exhibits in accordance with Local Civil Rules 7.1 and 11.1, and all other applicable rules of the Federal Rules of Civil Procedure and Local Rules of the Eastern District of New York. The notice of motion shall not contain a return date. The moving papers shall be served on all parties but only a copy of the movant’s cover letter shall be filed via ECF and designated as a Letter. The filing of the cover letter within the time period prescribed by any federal statute, rule relating to the filing of motions, or Court order shall constitute timely filing of the motion within the meaning of such statute or rule, and as required by Fed. R. Civ. P. 5(d)(1). b. Opposition papers shall be served on all parties, but only a copy of the opponent’s cover letter shall be filed via ECF. That filing shall be designated as a Letter on ECF. c. After the motion has been fully briefed (i.e., the moving papers, opposition papers, and reply papers, if any, have been served), the moving party shall file all of the papers on ECF.
The Bundling Rule does not apply to criminal cases, pro se cases, default judgment motions, post-trial/post-judgment motions, and certain attorney's fees motions.
e. The Bundling Rule does not apply to the following motions: i. motions filed in a criminal case; ii. motions filed in cases where a party is proceeding pro se; iii. motions for default judgment pursuant to Fed. R. Civ. P. 55(b)(2); iv. post-trial and/or post-judgment motions under Rules 50(b) (for judgment as a matter of law), 52(b) (to amend or make additional findings), 59 (for a new trial) and 60 (for relief from a final judgment, order, or proceeding); and v. motions for attorney's fees pursuant to Rule 54(d)(2), if the motion is made before a notice of appeal has been filed and the Court has extended the time to appeal under Rule 58(e).
Page 11 | III. MOTION PRACTICE
The Bundling Rule does not apply to social security appeals.
The Bundling Rule, found in Rule III.B.2., does not apply to social security appeals.
Page 12 | D. Social Security Cases
Pre-Motion Conference Requirements
Rule 56 pre-motion letters must attach LR 56.1 statement; responses must attach counter-statement.
Pre-motion letters regarding an anticipated Rule 56 motion must attach a statement of material facts in the form set forth in Local Civil Rule 56.1. Pre-motion responses must attach a counter-statement of material facts directly responding to the movant's 56.1 Statement and in the form set forth in Local Rule 56.1.
Pre-motion conference required before filing Rule 12, Rule 56, venue change, compel arbitration, or remand motions, with exemptions for habeas, prisoner, social security, and bankruptcy cases.
In all cases in which the proposed movant is represented by counsel (except habeas corpus/prisoner petitions, social security appeals, and bankruptcy appeals), a pre- motion conference with the Court must be requested before making: a. any motion pursuant to Fed. R. Civ. P. 12 or 56; b. any motion for a change of venue; c. any motion to compel arbitration; or d. any motion to remand a removed case to state court.
Pre-motion letter limited to 3 pages; opposing response limited to 3 pages and due within 7 days.
To request a pre-motion conference, the moving party shall file a letter-motion not to exceed three (3) pages in length setting forth the basis for the anticipated motion. Opposing parties, including pro se parties, shall file a response, not to exceed three (3) pages, within seven (7) days.
Adjournment & Extension Requirements
Sentencing adjournment requests must be submitted at least 10 business days before sentencing, with responses due 6 business days prior.
Applications regarding sentencing adjournments shall be made in writing at least ten (10) business days prior to the date of sentencing. The response, if any, shall be made in writing at least six (6) business days before the date of sentencing.
Page 21 | E. Sentencing
At least 3 days notice required for guilty plea on violation of supervised release.
The Court requires at least three (3) days' notice of a guilty plea on a violation of supervised release.
Page 22 | E. Sentencing
Adjournment and extension requests require 2 business days advance notice unless emergency.
Absent an emergency, all requests for adjournment or extension of time shall be made at least two (2) business days prior to the scheduled deadline or appearance.
Adjournment and extension requests must be in writing via ECF with specific required elements.
All requests for adjournments or extension of time must be in writing and submitted on ECF and state: a. the original date; b. the reason for the request; c. the number of previous requests for adjournment or extension; d. whether these previous requests were granted or denied; and e. the adversary's position.
Adjournment applications for sentencing must be filed at least 10 business days before sentencing, with responses due 6 business days prior.
Adjournment applications at least 10 business days before sentencing. Response due 6 business days prior to sentencing.
Criminal adjournment requests have additional requirements regarding new dates and Speedy Trial Act time exclusions.
Requests for adjournments in criminal cases must also state: a. whether the parties have agreed on a new date or period of availability; and b. whether the parties move, either jointly or separately, to exclude time under the Speedy Trial Act and the reason. If moving separately, the requesting party must indicate whether the non-requesting party opposes the motion.
The Government should advise the Court at least two (2) days in advance if a victim will be making a victim impact statement at sentencing.
The Government should advise the Court at least two (2) days in advance if a victim will be making a victim impact statement at sentencing.
Page 21 | E. Sentencing
Adjournments affecting other dates must include proposed revised dates.
If the requested adjournment or extension of time affects any other scheduled dates, proposed revised dates must be provided.
Chambers Communication Rules
Ex parte telephone calls about case substance are prohibited.
Ex parte telephone calls to chambers about the substance of cases are not permitted.
Page 7 | II. COMMUNICATIONS WITH CHAMBERS & HEARINGS - B. Telephone Calls
All chambers communications must be in writing and filed on ECF, with copies to non-ECF parties.
All communications with chambers shall be in writing and filed on ECF, with copies simultaneously delivered to all parties who do not receive automatic notification through ECF.
Page 7 | II. COMMUNICATIONS WITH CHAMBERS & HEARINGS - A. Written Communications
Fax and email communication with the Court requires prior authorization.
Parties may not communicate with the Court via fax and/or email without prior authorization.
Page 7 | II. COMMUNICATIONS WITH CHAMBERS & HEARINGS - A. Written Communications
For submissions requiring immediate attention, file on ECF first then call chambers.
If a submission requires immediate attention—including for settlement shortly before hearing or conference—please file on ECF and then call chambers.
Page 7 | II. COMMUNICATIONS WITH CHAMBERS & HEARINGS - B. Telephone Calls
Parties must email PDF exhibits to chambers at least 10 days before the final pre-trial conference.
Parties shall email Merle_Chambers@nyed.uscourts.gov with a PDF file of each exhibit at least ten (10) days before the final pre-trial conference.
Page 17 | B. Pretrial Filings in Civil Cases
AUSAs must call chambers at (718) 613-2355 to notify of new criminal case assignments, triggering scheduling of an initial pretrial conference.
Assistant United States Attorneys are responsible for informing chambers when a new case has been assigned to Judge Merle by calling Courtroom Deputy Alicia Guy at (718) 613-2355. Upon such notification, an initial pretrial conference will be scheduled.
Page 19 | V. CRIMINAL PROCEEDINGS - A. Initial Matters
Bail appeals require contacting Chambers to arrange a conference and providing transcript, submissions, and Pretrial Services report at least 2 business days before the conference.
A party who wishes to appeal an adverse bail determination by the Magistrate Judge should contact Chambers to arrange a conference for that purpose. The party that brings the appeal is directed to provide the Court no less than two (2) business days before the conference with the transcript of argument on bail before the Magistrate Judge, any written submissions below as to bail, and Pretrial Services' report as to the defendant.
Page 19 | V. CRIMINAL PROCEEDINGS - B. Bail Modification or Appeal
Plea documents must be emailed to Merle_Chambers@nyed.uscourts.gov at least 3 days before change-of-plea hearing.
The parties must provide the Court with a copy of any plea agreement or sentencing sheet and a list of all elements at least three (3) days before a change-of-plea hearing. The documents should be sent by email to Merle_Chambers@nyed.uscourts.gov.
Page 20 | V. CRIMINAL PROCEEDINGS - D. Guilty Pleas
Plea agreements, sentencing sheets, and lists of elements must be emailed at least 3 days prior to the guilty plea hearing.
Email plea agreement or V.D sentencing sheet and list of elements at least 3 days prior to hearing. Include copy of information if guilty plea expected.
Pro se litigants may only communicate with the Court in writing; fax and email require prior authorization.
Only communicate with the Court in writing, pursuant to Rule II.A.2 ("Parties may not communicate with the Court via fax and/or email without prior authorization.")
Parties are advised not to contact chambers with questions regarding ECF registration, filing, or other technical issues.
Parties are advised not to contact chambers with questions regarding ECF registration, filing, or other technical issues.
Courtroom Deputy Alicia Guy can be contacted by phone at (718) 613-2355 for docketing, scheduling, or calendar matters.
For docketing, scheduling, or calendar matters, please call Courtroom Deputy Alicia Guy at (718) 613-2355.
Page 7 | II. COMMUNICATIONS WITH CHAMBERS & HEARINGS - B. Telephone Calls
Contact Courtroom Deputy Alicia Guy at (718) 613-2355 for audio/video exhibit filing instructions.
Parties filing exhibits other than documents and images (e.g., audio or video files) must call Courtroom Deputy Alicia Guy at (718) 613-2355 for further instructions.
Junior Lawyer Participation Incentives
The Court encourages attorneys with 6 or fewer years of experience to participate in oral argument and permits multiple attorneys to argue for one party.
The Court encourages the participation of less experienced attorneys (i.e., those with six (6) or fewer years of experience). To facilitate this provision, the Court is amenable to permitting more than one attorney to argue for one party.
Page 7 | II. COMMUNICATIONS WITH CHAMBERS & HEARINGS - D. Participation of Attorneys in Oral Argument