Court Rules
magistrate Judge
Verified Current1 month ago

Judge Seth D. Eichenholtz

Individual Rules, Standing Orders & Policies

Eastern District of New York

Limits & Logistics

Document Limits

Discovery Dispute Joint Letter Party Portion
3 pgs
Ex Parte Settlement Letter
5 pgs
Pre Motion Conference Letter
3 pgs

Courtesy Copies

Filings

Not Required

Filings (All filings)

Required

Adjournments

Notice Required
2Business Days

Must Include

  • 1
    Reason For Request

Must Include

  • 1
    Reason For Request
  • 2
    Original Date
  • 3
    Number Of Previous Requests
  • 4
    Previous Requests Granted Or Denied
  • 5
    Adversary Position
  • 6
    Affects Other Dates
  • 7
    Proposed Rescheduled Date
  • 8
    Proposed New Dates

Communication

Letter Ecf

Chambers

Phone

Chambers

EmergenciesScheduling
Advance Notice Required
Email

Chambers

Advance Notice Required
Email

Chambers

Eichenholtz_chambers@nyed.uscourts.gov
Filters:AllMandatoryImportantFormattingCommunicationLettersElectronicsSettlementECF FilingProposed OrdersConferences

Detailed Drafting Rules

Communication ProtocolImportant

Parties must communicate with the Court through ECF unless an exception applies.

Except as provided below, parties must use the Electronic Case Filing (ECF) system to communicate with the Court.

Letter via ECF

Page 1
|SecII. COMMUNICATIONS WITH CHAMBERS
Communication ProtocolImportant

Telephone contact with Chambers is limited to authorized circumstances or emergencies.

Parties may contact Chambers by telephone only as permitted in these rules, as instructed by the Court, or in emergency situations requiring immediate attention.

Phone

Direct to: Chambers

Approved Topics
Emergencies
Requirements
  • Advance Notice Required
    only as permitted in these rules or as instructed by the Court
Page 1
|SecII.B. Telephone Calls
Communication ProtocolImportant

Email to Chambers is prohibited unless specifically authorized by rule or court instruction.

E-mail messages to Chambers are not permitted, except as specified in these rules or as instructed by the Court.

Email

Direct to: Chambers

Requirements
  • Advance Notice Required
    only as specified in these rules or as instructed by the Court
Page 2
|SecII. COMMUNICATIONS WITH CHAMBERS
Communication ProtocolMandatory

Parties must immediately notify Chambers by phone when recusal grounds arise or when settlement cannot be promptly reported on ECF.

All parties shall immediately notify Chambers by telephone or e-mail if (1) any party has reason to believe that there may be grounds that Judge Eichenholtz should be recused from a pending matter or (2) where a case has settled, when unable to promptly notify the Court by ECF.

Phone

Direct to: Chambers

Requirements
  • Advance Notice Required
    immediately
Page 2
|SecII.D. Required Notification to Chambers
Communication ProtocolNote

When a deadline is approaching, parties may call Chambers to alert the Court that an adjournment or extension request is urgent.

In the event a deadline is approaching, a party may contact Chambers by telephone to advise the Court of the urgency of addressing the adjournment or extension request.

Phone

Direct to: Chambers

Approved Topics
Scheduling
Page 3
|SecREQUESTS FOR ADJOURNMENTS OR, EXTENSIONS OF TIME
Communication ProtocolMandatory

For unresolved disputes during depositions, parties must call Chambers with all parties on the line and may not stop the deposition without contacting the Court.

In the event the parties are unable to resolve a dispute during an ongoing deposition, the parties are directed to contact Chambers by telephone with all parties on the line. The Court will either resolve the matter or instruct the parties on how to proceed. If the Court is not immediately available to address the dispute, the parties should continue the deposition to the extent possible while waiting for the Court’s response. Under no circumstances should the parties discontinue the deposition without contacting the Court.

Phone

Direct to: Chambers

Approved Topics
Emergencies
Page 4
|SecCIVIL DISCOVERY PRACTICES
Page or Word LimitMandatory

Each party is limited to three pages in the joint discovery-dispute letter.

Each party’s portion of the joint submission shall be limited to three pages (up to six total pages in the joint letter).

Page 4
|SecCIVIL DISCOVERY PRACTICES
Communication ProtocolImportant

The proposed order copy should be emailed to Chambers at the listed address.

That party should also send a copy of the proposed order to Chambers (Eichenholtz_chambers@nyed.uscourts.gov) in Microsoft Word format.

Page 5
|SecCIVIL DISCOVERY PRACTICES
Format RequirementImportant

The Chambers copy of the proposed order should be provided in Microsoft Word format.

That party should also send a copy of the proposed order to Chambers (Eichenholtz_chambers@nyed.uscourts.gov) in Microsoft Word format.

Applies When:Document Type Set Undefined
Required Format

DOCX

Page 5
|SecCIVIL DISCOVERY PRACTICES
Communication ProtocolMandatory

Parties must submit ex parte settlement letters to Chambers by email.

parties shall submit ex parte settlement letters to Chambers by email to Eichenholtz_chambers@nyed.uscourts.gov.

Page 6
|SecSETTLEMENT
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 6
|SecSETTLEMENT
Communication ProtocolImportant

If an ECF settlement-in-principle letter cannot be filed promptly, parties should immediately call Chambers.

If, for some reason, the parties cannot promptly file a letter by ECF, they should immediately call or e-mail Chambers to advise of the settlement.

Phone

Direct to: Chambers

Requirements
  • Advance Notice Required
    immediately if parties cannot promptly file a letter by ECF
Page 6
|SecSETTLEMENT
Page or Word LimitMandatory

A pre-motion conference request must be made by a pre-motion letter capped at three pages.

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.

Page 7
|SecA. Pre-Motion Conferences
Pre-Motion ProcedureMandatory

Opposing parties must file a response letter within five business days, limited to three pages, and no replies are allowed.

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. 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
0
Page 7
|SecA. Pre-Motion Conferences
Document RequirementMandatory

Memoranda are governed by word limits and must include a certification of word count.

Counsel should note that the rule now provides a word limit (as opposed to a page limit) in most cases and requires a certification of the word count.

Document Type

Memorandum

Content & Formatting
Word Count
Page 8
|SecB. Motion Papers
Format RequirementMandatory

All memoranda must be filed in text-searchable form.

All memoranda must be filed in a text-searchable format.

Applies When:Document Type Set Undefined
Page 8
|SecB. Motion Papers
Communication ProtocolImportant

Chambers may be contacted by email at the listed address for transmitting these pre-trial submissions.

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

Page 10
|SecNot specified (jury trial requirements)

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