Judge Victor Marrero
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Charging Documents
- 1 copy • As Soon As Practicable
Courtesy copies
- 1 copy • Mail • Upon Filing
- Hand Delivery
Exhibits
- 2 copies • At Beginning Of Trial
Adjournments
- Extension requests must include prior request history and opposing counsel's position.
- Requesting party must notify all parties of court's decision on extension/adjournment.
- If extension affects other dates, must attach proposed revised case management plan.
- +1 more
Request must include
- Extension/adjournment requests must be made in writing at least 2 business days before.
- Sentencing adjournment requests must be made in writing no later than two business days before sentencing, submitted by fax after discussing with law clerk.
Communication
Chambers
Fax
Chambers
Letter via fax
Chambers
Letter via ECF
Chambers
Page & Word Limits7 rules
Pre-motion letters and responses shall not exceed three pages single-spaced, with one-inch margins all around.
Pre Motion Letter
3 pages
Applies to: Attorney
Memoranda of law in support of and in opposition to a motion shall be limited to 8,750 words and reply memoranda shall not exceed 3,500 words.
8,750 words
Applies to: Attorney
Reply Memorandum
3,500 words
Applies to: Attorney
Jury trials require 10-page pretrial memorandum, joint voir dire, joint requests to charge, and witness list.
For jury trials, each party is required to submit at the time the joint pretrial order is filed: (a) a pretrial memorandum no longer than 10 pages limited to a brief discussion of the issues to be tried and authorities relied upon; (b) joint proposed voir dire questions drafted with the other parties; (c) joint proposed requests to charge, drafted with the other parties, citing the authority for each proposed charge; and (d) a joint list of individuals, companies and other entities that may appear as witnesses, or otherwise be referred to during the trial, including a brief recitation of what matters each witness is expected to address.
Pretrial Memorandum
10 pages
Applies to: Attorney
Bench trials require 15-page pretrial memorandum, proposed findings/conclusions, and witness list.
For bench trials, unless otherwise instructed by the Court, each party is required to submit at the time the final joint pretrial order is filed: (a) a pretrial memorandum no longer than 15 pages limited to a discussion of the issues to be tried and authorities relied upon; (b) proposed findings of fact and conclusions of law; and (c) a joint list of individuals, companies and other entities that may appear as witnesses, or otherwise be referred to during the trial, including a brief recitation of what matters each witness is expected to address.
Pretrial Memorandum
15 pages
Applies to: Attorney
The Court will entertain written requests for exceptions to these page limitations only in rare cases where the facts and issues are particularly complex.
These limits do not include the caption, any index, table of contents, table of authorities, signature blocks, or any required certificates, but do include material contained in footnotes or endnotes.
Expedited procedure allows 5-page letter-briefs for discrete dispositive issues.
In the event that a discrete issue of law arises in a case that may be dispositive of a particular claim or defense, or of the entire action, upon agreement on motion by the parties, or as ordered by the Court, the issue presented may be resolved by the Court on the basis of submissions of letter-briefs not to exceed five pages for each party without necessity for any further documentation, unless the Court so requests or grants leave therefor.
Letter Brief
5 pages
Document Format Requirements3 rules
Memoranda should be double-spaced and in 12-point font with 1-inch margins.
Pretrial submissions must be in hardcopy and electronic copy (Word format).
Unless otherwise ordered by the Court, all pretrial submissions shall be submitted in hardcopy and in electronic copy, formatted in Microsoft Word or a compatible word processing program (either on a CD-Rom accompanying the hardcopy or via email to ChambersNYSDMarrero@nysd.uscourts.gov).
DOCX
In trial binders and on each document offered in evidence, plaintiffs are to pre-mark their exhibits using numerals preceded by “P. Ex. ___”; Defendants are to use letters preceded by “D. Ex.
Document Filing Requirements35 rules
Stipulation required when submitting only relevant portions of documents as exhibits.
When submitting only relevant portions of a document, the parties arguing the motion shall file, accompanying such motion papers, a stipulation attesting: (1) that they are familiar with the full contents of such document; m (2) that they possess and each will maintain a copy of such entire document in their respective case files until after a final court disposition of the action; and (3) that the excerpt filed with the otion papers is an authentic copy of the relevant
DocumentExhibit
Letters must identify the name and docket number of the case, contain the writer’s business address and telephone number, be signed by the party or authorized counsel responsible for the matter, and show the method of delivery (e.g., “By Hand,” “By Email,” or “By Fax”).
DocumentLetter
Memoranda of 3,500 words or more shall contain a table of contents and a table of authorities.
DocumentMemorandum Of Law
Status letter must include case description, disclosure confirmation, threshold issues, contemplated motions, settlement prospects, magistrate consent, expedited trial willingness, and proposed Case Management Plan.
Following such conference, the parties shall jointly prepare a status letter setting forth: (1) a brief description of the case, including the factual and legal bases for the claim(s) and defense(s); (2) confirmation that the parties have conferred and exchanged initial disclosures -- or agreed on a plan and schedule for such disclosure -- identifying the names and locations of individuals, documents, and things possessing or pertaining to material information used to support the parties’ claims or defenses; (3) a concise statement of any discrete threshold or dispositive issues that the pleadings present, such as personal or subject matter jurisdiction, venue, or statute of limitations, that in the interest of justice and judicial economy warrant resolution first and potentially warrant a stay on further discovery; (4) any contemplated motions; (5) the prospects for settlement; and in view thereof the parties belief that a brief stay of the litigation would be warranted to enable them to pursue resolution through their own discussions or through Court facilitated settlement or private mediation; (6) whether the parties consent to proceed for all purposes before the Magistrate Judge designated for this action; (7) whether the parties may be amendable to proceeding to trial on the merits of the dispute in accordance with the expedited trial procedure provided for in Part VI.A. of these Individual Practices; and (8) a proposed Case Management Plan in the form available on Judge Marrero’s page on the Southern District website.
DocumentStatus Letter
Such submissions will not be considered.
DocumentAffidavit
Parties must plainly advise pro se litigants of motion nature, consequences of non-response, and that Court will deem LR 56.1 statements true unless controverted.
Any party seeking dismissal of a complaint or summary judgment in whole or in part against a pro se litigant must plainly advise that litigant of the nature of the motion, of the possible consequence of failing to respond, and that the Court will deem true the statements contained in a Local Rule 56.1 statement unless controverted. Failure to comply with this requirement may result in a sua sponte denial of the motion.
DocumentMotion
Case Management Plan must indicate discovery agreements and seek Court leave for >5 depositions, >3 hour depositions, or >7 page requests.
The Case Management Plan shall indicate whether the parties have reached agreement on discovery concerning: (1) the number, duration, and matters to be examined, and the individuals to be deposed; and (2) limitations on the length or scope of requests for admissions and interrogatories. If the discovery plan contemplates that any party conduct more than five depositions, or any particular deposition requiring more than three hours to complete, or any request for admissions or interrogatories exceeding seven single-spaced pages, that circumstance shall be stated in the Case Management Plan, and leave of Court therefor sought at the initial conference.
DocumentCase Management Plan
Briefs must be submitted in accordance with Fed. R. Bankr. P. 8009. Counsel may extend these dates by stipulation submitted to the Court no later than two business days before the brief is due.
DocumentBankruptcy Brief
The completed proposed Case Management Plan shall be brought to the initial case management conference for approval and endorsement by the Court.
DocumentCase Management Plan
Affidavits accompanying any motion should contain concise statements attested to by the affiant on the basis of personal involvement or knowledge of pertinent facts.
DocumentAffidavit
Local Rule 56.1 statements for summary judgment motions must be short, concise, and not used for legal argumentation or extensive recitation of testimony.
In connection with motions for summary judgment, Local Rule 56.1 Statements shall be "short and concise," and shall not be used for argumentation of legal issues or recitation of case law, or extensive recitation of deposition testimony or repetition of conclusory pleadings.
DocumentLocal Rule 56 1 Statement
The plea agreement or Pimentel letter must be provided to Chambers at least two business days before the time set for the conference at which the disposition is to be addressed.
DocumentPlea Agreement
Emergency relief applications require email submission with URGENT subject, contact info, and hearing availability.
Parties intending to file applications for temporary restraining orders or other emergency relief, in addition to filing their applications on ECF, must send all of their papers (in text-searchable PDF format) to the Court by email. The email should (1) include the word “URGENT” in the subject line; (2) provide a telephone number at which the party (and any other relevant parties) can be reached; and (3) provide the relevant parties’ availability for a hearing in the next few days.
DocumentEmergency Relief Application
Default-judgment applications will not be accepted without the specified affidavits, certificate of default, complaint, and proposed judgment; an appearing defendant requires an affidavit confirming notice of the application.
Applications will not be accepted absent the following: 1. An affidavit setting forth: a. A description of the nature of the claim; b. The basis for subject matter jurisdiction over the action; c. The basis for personal jurisdiction over the defendant; d. A representation that defendant is not an infant or an incompetent; and e. A representation that notice has been provided in accordance with the requirements set forth above; 2. A certificate of default stating that the defendant was properly served with the complaint and failed to answer/appear, signed and stamped by the Clerk of Court. (If the defendant did appear in the action, the plaintiff must submit an affidavit representing that the defendant has notice of the application for default); 3. An affidavit setting forth reasonable attorneys* fees and showing that attorneys* fees are recoverable; 4. A copy of the complaint; and 5. A proposed form of default judgment.
DocumentDefault Judgment
A default-judgment motion seeking damages must request no more than the complaint’s principal amount, provide calculable supporting information, include an unpaid-judgment affidavit and calculations, and keep any requested interest within the applicable statutory or federal rate; otherwise, damages may be determined by inquest.
If the plaintiff seeks an award of damages in the motion for default judgment, the plaintiff must also include: 1. A request for an amount equal to or less than the principal amount demanded in the complaint; 2. Definitive information and documentation such that the amount provided for in the proposed judgment can be calculated. (If this requirement cannot be satisfied, a default judgment may be granted as to liability, and damages will be determined by an inquest); 3. An affidavit representing that no part of the judgment sought has been paid, other than as indicated in the motion; 4. If interest is sought, a request for interest on the principal amount not to exceed the New York State statutory rate or the federal rate as applicable; and 5. The calculations made in arriving at the proposed judgment amount.
DocumentDefault Judgment
Unless otherwise ordered by the Court, not less than 30 days prior to a firm date scheduled for the trial, the parties shall submit to the Court the following pretrial submissions:
DocumentPretrial Submission
GPCD authorization required; request by letter 10 days before proceeding; limit of 3 devices per party unless variance justified.
Parties seeking to bring laptops and other General Purpose Computing Devices (“GPCDs”) into the Courthouse for a trial or other proceeding must request authorization from the Court. Such requests shall be submitted by letter at least ten calendar days prior to the trial or proceeding, and should detail each device for which the party seeks authorization, the attorney responsible for bringing each device into the Courthouse, and the dates on which the device(s) will be needed in the Courthouse. Upon receipt of a request for authorization, and determination that the technology requested is permissible and appropriate for the proceeding indicated, the Court will issue an Order to be presented by the attorney(s) when entering the Courthouse with the device(s). Standing Order M-10-468 (the “Standing Order”), issued on February 17, 2010 by Chief Judge Loretta Preska adopts a presumptive limit of three laptops or other GPCDs for each separately represented party or group of parties. Any party seeking a variance from the presumptive limit of three must include the justification for the variance in its letter-request to the Court.
DocumentTechnology Authorization Request
Bringing equipment constitutes certification it won't be used to record or transmit without Court authorization.
The parties’ bringing equipment into the building constitutes a certification by them that the electronic device(s) will not be used to make or record images or sounds, unless authorized by the Court, as provided for in Local Civil Rule 1.8, or to send or receive wireless transmissions.
Voir dire panel size equals jurors + alternates + peremptory challenges.
The Court will conduct a voir dire of a number of panelists computed by totaling the following: the number of jurors to be selected; the number of alternates to be selected in a criminal case (generally 2); and the number of peremptory challenges.
DocumentJury Selection Procedure
Civil case peremptory challenges: 6 jurors (3 per side), 8 jurors (4 per side), 10 jurors (4 per side).
In a civil case, the number of peremptory challenges allowed each side varies with the number of panelists to be selected. Thus, in a civil case, the following panel sizes apply: # JURORS # PEREMPTORY PANEL SIZE CHALLENGES 6 3 per side 12 8 4 per side 16 10 4 per side 18
DocumentJury Selection Procedure
Jury selection: criminal (first 12 unchallenged), civil (first 6/8/10 in seating order).
When each side has exhausted its peremptory challenges, the first 12 unchallenged names constitute the jury in a criminal case and the first 6, 8, or 10 persons in the order in which they are seated shall constitute the jury in a civil case.
DocumentJury Selection Procedure
In a single defendant criminal case, the defendant exercises 2 challenges, the Government exercises 1 challenge for four rounds; then each side exercises 1 challenge for two rounds, making a total of 10 and 6 challenges.
DocumentJury Selection Procedure
Criminal cases: each side gets 1 additional challenge for alternates from last 4 unchallenged panelists.
In a criminal case, after the 12-person jury is selected, each side has 1 additional challenge which may be exercised only with respect to the alternates, who are selected from the last four remaining unchallenged panelists after the 12 regular jurors have been selected.
DocumentJury Selection Procedure
Affidavits cannot be used for counsel arguments, new facts, or to evade page limits.
Affidavits shall not be used as a vehicle for counsel to describe factual background or legal issues involved in the case, to alter the pleadings or introduce facts not set forth in the complaint, to assert matters not within their personal knowledge, or for supplemental argumentation of legal issues that would serve to evade the page limitation set forth in the Court’s Individual Practices.
DocumentAffidavit
AUSA must notify Court promptly if sentencing control date is to be used for actual sentencing.
The AUSA shall notify the Court as soon as practicable if the parties later intend for that date to be the date of sentencing. Such notification allows for the Court to order a Pre-Sentence Investigation Report from the United States Probation Office in a timely manner.
DocumentSentencing Notification
Trial time should not be wasted on unnecessary foundation testimony, such as belabored development of a witness’s academic and professional background or charity work.
DocumentExhibits
For motions for summary judgment, parties should submit only relevant pages of large documents rather than entire documents.
The following example may be helpful in illustrating how this practice would operate: In an action relating to accounting malpractice, only three pages of a 150-page spreadsheet and five pages of a 100-page deposition contain information relevant to an issue litigated on a motion for summary judgment. The parties should submit only those relevant pages of the spreadsheet and deposition in connection with the motion exhibits filed, instead of submitting the entire spreadsheet and deposition transcript.
DocumentMotion Exhibits
Court orders reporters for criminal proceedings, pro se civil conferences, and certain civil hearings; other proceedings require letter request.
The Court will order a court reporter for all criminal proceedings and all civil conferences with pro se litigants. In addition, the Court will order a reporter for hearings in a civil proceeding scheduled pursuant to Paragraph II.H. Parties seeking transcription of any other proceeding shall notify Chambers of such a request by letter.
DocumentCourt Reporter Request
Otherwise, the parties may submit as an exhibit only those portions or pages of such document that have direct relevance to the matter at issue.
DocumentExhibit
Whole documents may be filed as exhibits only if all contents are integral to the motion issue.
In connection with documents exhibits such as contracts, public filings, and deposition testimony that parties submit as exhibits accompanying any motion, the whole document may be filed and entered into the public record of the action only if all of its contents are integral to and bear directly on the particular issue(s) to be decided on the motion.
DocumentExhibit
Jurors may take notes with provided notepads, must leave them in courtroom/jury room, and will be disposed of after trial.
The Court allows jurors to take notes and will supply the jurors with notepads and pens. Jurors who take notes will be required to leave them in the court room or the jury room at all times. After the trial, the Court will dispose of the notes.
The juror seated in the chair closest to the judge’s bench is automatically designated to be the foreperson of the jury.
DocumentJury Selection Procedure
Multi-party cases: peremptory challenges allocated per side, distributed by parties' arrangement approved by Court.
In a multi-party case, each side will be allocated the number of peremptories corresponding to it, to be distributed among the multiple parties in accordance with their own equitable arrangement to be approved by the Court.
DocumentJury Selection Procedure
There are no alternates in a civil case.
DocumentJury Selection Procedure
All submissions and applications with respect to a sentencing and all responses thereto shall be submitted to Chambers by no later than five business days prior to the sentencing.
Filing & Service rules
Service and Proof of Service Rules
Default-judgment applications must provide reasonable notice by an authorized method, with specified methods for domestic and international parties.
Applications for default judgments must comply with Local Civil Rule 55.1 and 55.2 and must provide reasonable notice to the party against whom default shall be entered by: 1. First-class mail or courier, if the party is domestic; 2. Courier, if the party is international; or 3. Any method authorized by Rule 4 of the Federal Rules of Civil Procedure.
Civil cases
Page 1 | I. Applications.
Courtesy Copy Requirements
Litigants should send a courtesy copy of all filings to Chambers (see I.E, supra) and deliver a copy to all parties through counsel or to litigants proceeding pro se.
Litigants should send a courtesy copy of all filings to Chambers (see I.E, supra) and deliver a copy to all parties through counsel or to litigants proceeding pro se.
Page 9 | Miscellaneous
In expedited proceedings, courtesy copies must be delivered promptly (hand delivery or fax).
In any expedited proceeding, parties shall ensure that courtesy copies are delivered in a manner that enables their timely consideration by the Court (e.g., by hand delivery (with permission) or fax to Chambers).
AUSA must provide courtesy copies of charging documents to Chambers promptly.
The AUSA shall provide a courtesy copy of all charging documents to Chambers as soon as practicable, and should email the Court to arrange for an initial conference at which the Court will set a discovery and motion schedule regardless of any conference scheduled by the Magistrate Judge.
One courtesy copy of all motions and pleadings must be submitted to chambers.
One courtesy hard copy of all motion papers and pleadings marked as such, shall be submitted to Chambers at the time the papers are served or filed, in accordance with the Southern District of New York’s policies regarding mail deliveries.
At the beginning of the trial, two complete sets of documentary exhibits in trial binders should be handed to the Judge’s clerk for use by the Judge and his staff during trial.
At the beginning of the trial, two complete sets of documentary exhibits in trial binders should be handed to the Judge’s clerk for use by the Judge and his staff during trial.
Page 6 | VIII. EXHIBITS
Courtesy copies should be provided to Court, but hand-delivery requires advance permission.
Parties should provide courtesy copies to the Court but should not hand-deliver documents without advance permission, as noted above.
Sealing & Redaction Procedures
Sealed/redacted filings must follow standing order 19-mc-00583 and ECF Rules. Letter motions ≤5 pages may be faxed to Chambers; >5 pages must be mailed or hand delivered.
Motions or letter motions for approval of sealed or redacted filings in civil and miscellaneous cases, and the subject documents, including the proposed sealed document(s), must be filed either by hard copy or electronically through the court’s ECF system in conformity with standing order 19-mc-00583 and ECF Rules & Instructions, section 6. Hard copy letter motions for approval of sealed or redacted filings may be faxed to Chambers if no more than five pages in total and must be mailed or hand delivered to the Court if greater than five pages.
Requesting party must identify all parties who should have access to sealed/unredacted versions of proposed filings.
The party requesting approval of a sealed or redacted filing must identify all parties and/or other case participants that the party believes should be granted access to the sealed or unredacted versions of the proposed filings.
Filing Bundling Requirements
All motion papers must be filed in Clerk's Office or via ECF promptly after service.
All motion papers shall be filed in the Clerk’s Office or via ECF promptly after service.
Pre-Motion Conference Requirements
Pre-motion conference required before filing motions, with specific exceptions.
A conference must be requested before filing any motion, except: motions brought by order to show cause based on a legitimate emergency; motions required by the Federal Rules of Appellate Procedure to be made within a specified time; motions made by a pro se litigant in custody; motions for default judgment, pro hac vice admission, reargument, remand, or attorney’s fees or sanctions; motions to affirm or vacate an arbitration award; and objections to a Magistrate Judge’s ruling.
Principal trial counsel must appear at all scheduling and motion conferences.
The attorney who will serve as principal trial counsel must appear at all conferences with the Court with regard to scheduling and motions.
A party wishing to make a motion not excepted above should send a letter to the Court concisely describing the basis for the proposed motion and requesting a pre-motion conference.
A party wishing to make a motion not excepted above should send a letter to the Court concisely describing the basis for the proposed motion and requesting a pre-motion conference.
If pre-motion exchange fails, defendant must notify court in writing with copies of correspondence.
In the event that at the conclusion of this informal procedure the parties fail to resolve a dispute over the appropriateness of the filing of a motion to dismiss, the defendant shall so notify the Court in writing, indicating why a motion to dismiss remains warranted even after plaintiff has agreed to any amendments to cure specified deficiencies, and transmit copies of the correspondence exchanged by the parties in this regard.
Orders to show cause or motions for injunctive relief require notice to opposing counsel and an agreed briefing schedule.
Except in the most extraordinary circumstances, litigants filing an order to show cause or motion for injunctive relief must provide notice to opposing counsel before doing so. Following conferral with opposing counsel, the party filing the order or motion shall submit to the Court an agreed-upon proposed briefing schedule.
Opposing parties must reply within 2 business days of receiving pre-motion letter.
Any party opposing the motion must submit a reply letter within two business days of receiving
Non-compliant memoranda will be returned without additional time if prejudicial.
Any memorandum that does not comply with these requirements will not be accepted and will be returned, and counsel may not be provided with additional time to submit a complying memorandum if any such additional extension may cause substantial prejudice to other parties in the case.
Motions in limine: opposition due 1 week after service, reply due 3 days after opposition, fully briefed 2 weeks before trial.
All motions in limine. Opposition briefs shall be due one week after such motions are served. Reply memoranda, if any, shall be due within three days of the service of opposition motions. All motions in limine shall be fully briefed at least two weeks before trial.
Page 2 | I. PRETRIAL SUBMISSIONS
Court will not consider new matters raised for first time in reply memoranda.
The Court will not consider new matters raised in replies for the first time.
Filing motion after court indicates likely denial may result in sanctions against defendant.
In the event that the Court, upon review of the parties’ exchange of correspondence described above, issues preliminary guidance in writing indicating that a formal motion if filed is likely to be denied in whole or in part and the defendant nonetheless proceeds with such motion filed, and the Court’s formal ruling does deny the motion in whole or in part, the Court may deem the circumstances as grounds supporting an application for appropriate sanctions against the defendant, including an award of related attorney’s fees and costs.
Sur-replies require court permission and only for new controlling law.
Sur-reply memoranda will not be accepted without prior permission of the Court and then only in the rare instances in which new controlling law is promulgated after the filing of the reply papers.
Court aims to decide expedited motions within 14 days of full submission.
The Court will endeavor to decide such motion within fourteen days of the date of full submission or of any hearing the Court holds thereon.
Court schedules conference (phone or in person) after pre-motion exchange fails.
Promptly thereafter the Court will schedule a conference, by telephone or in person, to provide any appropriate preliminary guidance or rulings.
Pre-motion letters may request to be deemed and filed as formal motions.
The pre-motion letter may provide a detailed description of the matter to be decided and request that it to be deemed and filed as a formal motion.
Court may treat pre-motion letter as formal motion if it contains sufficient factual and legal statement.
Where the circumstances warrant and the pre-motion letter contains a sufficient factual and legal statement of the matter at issue, the Court, upon request or on its own motion, may treat such letter as constituting a motion for the relief request and direct that it be filed as such and that the parties respond and reply by letter-briefs of specified lengths.
Final pretrial conference scheduled 2 weeks before trial; counsel must attend and be prepared for settlement discussions.
The Court will schedule a final pretrial conference approximately two weeks before trial. Counsel who will try the case must attend. In civil cases, the Court may use the occasion as an opportunity to explore the prospects of settlement. Counsel must be prepared to engage in meaningful settlement discussions.
Page 3 | II. FINAL PRETRIAL CONFERENCE
Adjournment & Extension Requirements
Extension requests must include prior request history and opposing counsel's position.
Each request must include the number and disposition of any prior request(s) for an extension or adjournment and state whether opposing counsel consents to the extension or adjournment.
If extension affects other dates, must attach proposed revised case management plan.
If the requested extension or adjournment affects any other scheduled dates set forth in a Court- approved Case Management Plan or Scheduling Order, a proposed Revised Case Management Plan or revised Scheduling Order must be attached for the Court’s review and approval.
Sentencing adjournment requests must be made in writing no later than two business days before sentencing, submitted by fax after discussing with law clerk.
Any request for adjournment of a sentencing shall be made in writing as early as possible, but no later than two business days before the date at issue, and shall be submitted to Chambers by fax after counsel has discussed a new date and time with the law clerk assigned to the case (see I.C. and I.D., supra). Such requests should state whether opposing counsel consents.
Extension/adjournment requests must be made in writing at least 2 business days before.
A request for an extension of time within which to make a submission to the Court or for an adjournment of a conference or to excuse an appearance with the Court must be made in writing and received in Chambers not less than two business days before the scheduled time.
All trials will be scheduled to commence on firm dates. Counsel should notify the Court in person at any conference or in writing of any potential scheduling conflicts that would prevent a trial at a particular time. Counsel should notify the Court and other counsel in writing, at the earliest possible time, of any particular scheduling problems involving witnesses.
All trials will be scheduled to commence on firm dates. Counsel should notify the Court in person at any conference or in writing of any potential scheduling conflicts that would prevent a trial at a particular time. Counsel should notify the Court and other counsel in writing, at the earliest possible time, of any particular scheduling problems involving witnesses.
Page 3 | III. TRIAL DATES AND TIMES
Requesting party must notify all parties of court's decision on extension/adjournment.
The party requesting an extension or adjournment shall be responsible for notifying all other parties of the Court’s disposition of the request.
Chambers Communication Rules
Notices of motions, affidavits, and memoranda of law shall be served in accordance with the dates set by the Court during the pre-motion conference or by memo- endorsed orders. If a pre-motion conference is not required (Paragraph II.A., supra), counsel should follow Local Civil Rule 6.1, unless otherwise ordered by the Court.
Notices of motions, affidavits, and memoranda of law shall be served in accordance with the dates set by the Court during the pre-motion conference or by memo- endorsed orders. If a pre-motion conference is not required (Paragraph II.A., supra), counsel should follow Local Civil Rule 6.1, unless otherwise ordered by the Court.
For unresolved discovery disputes, parties must submit joint letter describing issues, positions, and authority. Court will rule or refer to Magistrate Judge.
In the event that a discovery dispute arises that the parties are unable to resolve among themselves, they shall confer and submit to the Court a joint letter setting forth the matters that remain unresolved following such conference. The letter shall describe concisely the issue(s) in dispute and the respective position of each party and cite applicable authority which the respective parties claim for support. The Court will rule upon the written submission, or refer the dispute to the designated Magistrate Judge for resolution, particularly where the circumstances indicate that the parties’ discovery disputes are continuous or chronic.
Principal trial counsel or designated attorney familiar with litigation must appear at all conferences.
Principal trial counsel -- or, upon written notice to the Court, another attorney so designated who is closely familiar with the litigation -- must appear at all conferences.
Initial case management conference scheduled within 45 days of answer filing. Parties must confer and exchange initial disclosures under FRCP 26(f) and 26(a).
The Court will endeavor to schedule an initial case management conference within 45 days of the filing of the answer(s). Upon receipt of the Notice of Initial Conference, the parties shall confer if they have not yet done so in accordance with Federal Rule of Civil Procedure 26(f) and exchange the initial disclosures prescribed by Rule 26(a).
Fax number is (212) 805-6382; faxes over 5 pages require prior authorization.
The direct fax number to Chambers is (212) 805-6382. Any faxed letter or document exceeding five pages will not be accepted unless prior authorization has been granted.
Please email or call Chambers to obtain advance permission from the Court to hand-deliver documents, including courtesy copies.
Please email or call Chambers to obtain advance permission from the Court to hand-deliver documents, including courtesy copies.
Urgent emails must include case name, docket number, issue description, and contact phone.
Please include in the body of the email the case name and docket number, the nature of the issue, and a telephone number where the party (and any other relevant parties) can be reached.
Status letter must be received by Court at least five business days before initial case management conference.
The status letter must be received by the Court at least five business days before the initial case management conference.
Do not send hard copies after faxing.
Do not follow faxed letters with hard copy.
Urgent matters should be emailed with "URGENT" in subject line.
For urgent matters requiring immediate attention, parties are directed to send an email to Chambers with “URGENT” in the subject line.
PCDs generally prohibited unless holder is AUSA, Federal Defender, or SDNY Bar member with Secure Pass.
The Standing Order also governs the bringing of cell phones, Blackberries, and other Personal Communications Devices (“PCDs”) into the Courthouse and the Courtroom. The Standing Order does not allow cell phones and other PCDs into the building unless the person bringing the PCD is an AUSA, a Federal Defender, or a member of the Southern District of New York Bar with a valid secure pass (“Secure Pass”) issued by the District Executive’s Office. If an individual does not have a Secure Pass, or is otherwise not entitled to bring a PCD into the Courthouse pursuant to the Standing Order, an order issued by the Court is ineffective to permit him or her to do so.
Page 4 | III. TRIAL DATES AND TIMES
Telephone appearances require prior express permission from the Court.
Appearances by telephone will not be permitted without express prior permission of the Court.
Documents may be mailed if unable to file electronically, but may be delayed.
If a party or counsel is unable to submit a document electronically—either by ECF or email—the document may be mailed to the Court. However, mail to the Court may be delayed.
Counsel and parties must be on time; arrange colleague coverage if conflicts exist.
Counsel and parties are to be on time for each court session. If counsel have matters in other courtrooms when a trial is scheduled, arrange in advance to have a colleague handle appearances for you.
Page 4 | V. COURTROOM DECORUM
Letters should be filed via ECF or emailed to chambers.
Parties are strongly encouraged to file their letters or letter-briefs on the District’s electronic document filing system (“ECF”) or by electronic mail to ChambersNYSDMarrero@nysd.uscourts.gov.
For summary judgment motions, parties may be directed to serve LR 56.1 statements to Court before serving fully-prepared motion.
In connection with motions for summary judgment, where the Court may deem it appropriate, the parties may be directed to serve their Local Rule 56.1 statements for the Court’s review prior to proceeding with service of the fully-prepared motion.
Letters under 5 pages may be faxed.
If fewer than five pages, letters may be sent by fax, but only as indicated below in Paragraph I.C.
Motions are decided on papers unless Court determines oral argument necessary. Counsel should not repeat arguments already in motion papers.
Motions will be decided on the papers after all moving papers have been submitted, unless the Court determines that oral argument will be necessary. If oral argument is scheduled, the Court will advise the parties of the date and time for argument and whether it will be limited to specific issues. Counsel should expect that the Court will have reviewed motion papers prior to oral argument and will be familiar with the issues presented therein, and therefore counsel should not use oral argument to repeat factual recitations or legal arguments adequately addressed in the motion papers.
Trials Monday-Friday 9am-5pm with lunch break; counsel must be present before 9am and after 5pm in jury trials upon Court's request.
Unless otherwise decided by the Court, trials will be conducted Monday through Friday from 9:00 a.m. to 5:00 p.m. with a lunch break from about 12:45 p.m. to about 2:00 p.m. In jury trials, in order to keep distractions during the trial to a minimum, upon request by the Court counsel must be present prior to 9:00 a.m. and after 5:00 p.m. to discuss scheduling for the day and any disputed matters that may arise during the day’s proceedings. One ten or fifteen-minute break will take place in the morning and one will take place in the afternoon. This break may also be used to address disputes that arise during the trial.
Page 3 | III. TRIAL DATES AND TIMES
Counsel and parties must stand when Court is opened, recessed, and adjourned.
Counsel and parties are to stand as the Court is opened, recessed and adjourned.
Page 4 | V. COURTROOM DECORUM
Counsel shall stand at the table or lectern when addressing the Court or jury, including when making objections and for opening and closing statements. Counsel unable to stand on account of physical disabilities will be excused from this requirement. Counsel should not stand when opposing counsel is addressing the Court.
Counsel shall stand at the table or lectern when addressing the Court or jury, including when making objections and for opening and closing statements. Counsel unable to stand on account of physical disabilities will be excused from this requirement. Counsel should not stand when opposing counsel is addressing the Court.
Page 4 | V. COURTROOM DECORUM