Judge Orelia E. Merchant
Limits & Logistics
Document Limits
Courtesy Copies
Filings (Motion, Brief, Opposition, Reply, Sur Reply, Exhibits, Notice Of Motion, Letter, Proposed Order, Pretrial Order, Jury Instructions, Sentencing Memorandum, Default Judgment, Proposed Findings Conclusions, Certificate, Notice Of Appearance, Chambers Copy, Discovery Motion, Case Dispositive Motion)
Required
Filings
Required • Binding: Bound
Filings (Motion)
Required
Filings (Pretrial Order)
Required
Filings (Exhibits)
Required
Adjournments
Must Include
- 1Original Date
- 2Reason For Request
- 3Number Of Previous Requests
- 4Previous Requests Granted Or Denied
- 5Adversary Position
Must Include
- 1Reason For Request
- 2Proposed New Dates
Communication
Letter Ecf
Chambers
Phone
Chambers
Phone
Chambers
Chambers
Letter Fax
Chambers
In Person
Courtroom Deputy
Detailed Drafting Rules
All communications with chambers must be 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.
Letter via ECF
Direct to: Chambers
- Advance Notice Required
- Hours
- Status Inquiries
Telephone calls allowed but requests for clarification should be docketed via ECF letter.
Telephone calls to chambers are permitted, but parties seeking clarification of these Individual Rules or case-specific action should docket their request in a letter to ECF.
Phone
Direct to: Chambers
- Advance Notice Required
- Hours
- Status Inquiries
Contact Tasheana Lubin at (718) 613-2465 for docketing, scheduling, or calendar matters.
For docketing, scheduling, or calendar matters, call Tasheana Lubin at (718) 613-2465.
Phone
Direct to: Chambers
- Advance Notice Required
- Hours
- Status Inquiries
Emails and faxes to chambers require prior authorization.
Except as provided in these Rules, emails and faxes to chambers are permitted only if prior authorization is obtained.
Direct to: Chambers
- Advance Notice Requiredprior_authorization
- Hours
- Status Inquiries
Faxes must be simultaneously provided to all counsel and followed with ECF filing.
All faxes should be simultaneously provided to all counsel and followed with an electronic filing.
Letter Fax
Direct to: Chambers
- Advance Notice Required
- Hours
- Status Inquiries
Two courtesy copies required for submissions 25+ pages or specific motion types.
Parties shall deliver to chambers two (2) courtesy copies of the following submissions: a. All written submissions filed on ECF that are 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.
Courtesy Copies Required
Logistics
All written submissions must be text-searchable.
All written submissions and supporting materials, to the extent practicable, must be text-searchable.
Pre-motion letter limited to 3 pages; responses due within 7 days.
To request a pre-motion conference, the moving party shall file and serve a letter not to exceed three (3) pages in length setting forth the basis for the anticipated motion. All parties served shall serve and file a letter response, not to exceed three (3) pages within seven (7) days from service of the notification letter.
Pre-Motion Conference
A pre-motion conference is mandatory before filing. You must submit a letter first.
Letter Requirements
Use ECF 'Pre-Motion Conference' event, not 'Letter' event, for pre-motion conference requests
Pre-Motion Conference” event in ECF and not the “Letter” event. Failure to request a pre-motion conference under the accurate ECF event may result in a denial of the pre-motion conference request without prejudice to refile.
Direct to: Chambers
- Status Inquiries
Responding parties must use ECF 'Letter' event, not 'Motion for Pre-Motion Conference' event
Responding parties should file a response using the ECF “Letter” event and not the “Motion for a Pre-Motion Conference” event.
Direct to: Chambers
- Status Inquiries
Moving party must email Chambers notice of TRO filing and requested timeframe
The moving party must email Chambers giving notice of the filing and the time frame requested for Court action.
Direct to: Chambers
Memoranda of law limited to 25 pages (support/opposition) and 10 pages (reply), double spaced.
Memoranda of law in support of or in opposition to motions are limited to 25 pages, double spaced, and reply memoranda are limited to 10 pages, double spaced.
Memoranda for motions for reconsideration limited to 10 pages.
Memoranda in support of or in opposition to motions for reconsideration, however, are limited to ten (10) pages.
Memoranda of 10+ pages must include table of contents and table of authorities.
Memoranda of 10 pages or more shall contain a table of contents and table of authorities.
Document Type
Memorandum Of Law
Page limit extensions require written request with good cause, 5 business days advance (1 day for reply briefs).
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, except with respect to reply briefs, in which case the request must be made at least one (1) day prior to the due date.
For time-sensitive matters, call Chambers if no response within 3 hours.
If the matter is time sensitive and Chambers does not respond within three (3) hours, the movant may call Chambers before the end of the business day.
Phone
Direct to: Chambers
- Advance Notice Required3_hours
- Hoursbefore_end_of_business_day
Discovery determination appeals must be in letter form (max 3 pages).
Any appeal of a magistrate judge’s discovery determination must be in the form of a letter not exceeding three (3) pages in length.
Joint pretrial orders must be double-spaced, with 1-inch margins, Times New Roman 12-point font.
Joint pretrial orders must be double spaced with one-inch margins, using Times New Roman 12-point font, and must include the following information:
Multi-page exhibits must be paginated by counsel before trial.
Any document to be offered in evidence that contains multiple pages shall be paginated by counsel before trial, but any existing Bates stamping or other pagination may suffice.
Document Type
Exhibit
Government must notify court 2 days in advance if victim will make 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.
Letter via ECF
Direct to: Chambers
- Hoursbusiness_hours
2 days' notice required for guilty plea on supervised release violation, specifying violations.
The Court requires at least two (2) days’ notice of a guilty plea on a violation of supervised release. The notice must specify the violations as to which the defendant intends to plead guilty.
Letter via ECF
Direct to: Chambers
- Hoursbusiness_hours
Parties should advise courtroom deputy of preferred pronouns/honorifics; attorneys encouraged to include in signature lines.
The parties and counsel are encouraged to advise the Court by speaking to the courtroom deputy if they would like to be addressed with a particular pronoun and/or honorific — such as Ms., Mx., or Mr. — so that the Court may do so in writing and when appearing for conferences, hearings, or trials. Attorneys are encouraged— but not required— to identify their preferred pronouns in their signature lines when submitting documents for filing. All parties and counsel shall address each other in all written documents and court proceedings by the pronouns and/or honorifics previously identified.
In Person
Direct to: Courtroom Deputy
- Hoursbusiness_hours