Judge Dora L. Irizarry
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy • Immediately Upon Filing
- 2 copies
- When Fully Briefed
Motion, Exhibits
- 1 copy • Immediately Upon Filing
Adjournments
- Parties should not assume that requests made immediately before or on the deadline date will be considered by the Court. Moreover, if no action is taken by the Court, particularly when the request is untimely, parties must assume that they are to complete the required action.
- Adjournment or extension requests must state prior request outcomes, adversary consent position, and proposed new dates.
Request must include
- Adjournment/extension requests must be filed by ECF letter motion at least 3 business days in advance and include the reason and original deadline/conference date.
- Pretrial conference adjournment requests must be made at least 3 business days in advance unless there is an emergency.
Communication
Phone
Clerk
Phone
Chambers
Page & Word Limits3 rules
Reply memoranda are limited to 10 pages, not including appendices or attachments.
- Reply memorandum of law
- Up to 10 pages
- Reply
Excluded from page count
- •Appendices
- •Attachments
Unless prior permission has been granted, memoranda of law in support of, and in opposition to, motions are limited to 25 pages, not including appendices or attachments.
- Memorandum of law support or opposition
- Up to 25 pages
- Opposition
Excluded from page count
- •Appendices
- •Attachments
The memorandum of law supporting default judgment is capped at 25 pages.
- Memorandum of law
- Up to 25 pages
- Default judgment motions
Court's wording
Once the notation of default is entered, Plaintiff must move for default judgment by submitting a notice of motion, any necessary affirmations and exhibits, and a memorandum of law (not to exceed 25 pages), setting forth the grounds for awarding damages, attorneys’ fees and costs, and file proof of service thereof to the defaulting party or parties.
Document Format Requirements8 rules
Formatting: All documents must be drafted in WORD, using one-inch margins, and 12-point Times New Roman font (or larger). Kerning is not permitted.
- File type
- Word
- Font
- Times New Roman
- Font size
- 12 points
- Margins
- 1 inch
Formatting
- •Do not adjust kerning
All memoranda of law must be produced in WORD using Times New Roman 12-point font (or higher), have one-inch margins on all sides, and be double spaced. All memoranda must have the date of service plainly visible on the front cover.
- Font
- Times New Roman
- Font size
- 12 points
- Line spacing
- Double
- Margins
- 1 inch
- Brief
- Opposition
- Reply
Formatting
- •Produced in WORD
- •Font size may be higher than 12-point
OCR Readable Format: Any electronic documents submitted to chambers, including all PDF e-filings, must be in OCR-readable format.
All exhibits must be marked clearly and tabbed in an orderly fashion.
All exhibits must be premarked for trial and exchanged with other parties at least ten (10) days before trial.
Plaintiff’s exhibits must be premarked with numbers, e.g., “Pl. 1.” Defendant’s exhibits must be premarked with letters, e.g., “Def. A.”
All documents to be offered in evidence that contain multiple pages must be paginated by counsel in advance of trial.
Exhibits should be placed in binders with tabs.
Document Filing Requirements13 rules
Counsel in cases against a pro se opponent must mail hard copies to the pro se litigant and file proof of service within five days of the service order.
Court's wording
Parties represented by counsel in cases where the opposing party is proceeding pro se must comply with the following: (1) file documents electronically; (2) mail a hard copy of the documents to the pro se litigant; (3) file proof of such service within five days of the issuance of an order to serve a pro se litigant;
When filing a deposition, the full deposition transcript, and not excerpts, must be submitted.
A default judgment motion must include specific motion papers and proof of service on the defaulting party.
Court's wording
Once the notation of default is entered, Plaintiff must move for default judgment by submitting a notice of motion, any necessary affirmations and exhibits, and a memorandum of law (not to exceed 25 pages), setting forth the grounds for awarding damages, attorneys’ fees and costs, and file proof of service thereof to the defaulting party or parties.
Summary judgment movants must file a cover letter and document index and comply with Rule 56 and Local Civil Rule 56.1 or risk rejection.
Court's wording
With respect to motions for summary judgment, the moving party must submit a cover letter and an index listing the documents submitted to the Court, and, in all other respects, comply with Federal Rules of Civil Procedure 56 and Local Civil Rule 56.1. Motions that do not comply with this rule will be rejected.
The joint proposed pretrial order must use the court template and include required numbered sections within the template itself.
Court's wording
The JPTO must conform to the format of the attached template [which may be accessed by clicking here] and include, precisely and concisely, the information set forth in items (I) – (VIII) below, labeled with the corresponding numbered headings: (DO NOT LIST THE INFORMATION IN A SEPARATE DOCUMENT ATTACHED TO THE TEMPLATE)
The JPTO must contain party jurisdiction statements with statutory citations and jurisdictional facts, and jurisdictional defects must be raised by dispositive motion before JPTO filing.
Court's wording
II. A brief statement by the plaintiff as to the basis of subject matter jurisdiction, and a brief statement by other parties as to the presence or absence of subject matter jurisdiction. Such statements must include citations to all statutes relied on and relevant facts as to citizenship and jurisdictional amount. As noted in Section III below, if a party believes subject matter jurisdiction is lacking, that must be raised in a dispositive motion BEFORE filing the JPTO.
The JPTO must summarize remaining claims/defenses with statutory citations and damages detail, identify abandoned claims/defenses, and omit full procedural history.
Court's wording
III. A brief summary by each party of the claims and defenses such party has asserted that REMAIN to be tried, including citations to all statutes relied upon, without reciting evidentiary matter. The brief summary also should include a detailed statement, by claim, regarding damages and other relief sought. Such summaries must identify all claims and defenses previously asserted that are not to be tried. DO NOT RECITE THE ENTIRE PROCEDURAL HISTORY OF THE CASE.
I. The full names, addresses (including e-mail addresses), and telephone and fax numbers of all trial counsel.
Unless the Court orders otherwise, parties must submit proposed voir dire questions, jury instructions, and a verdict sheet at least 15 days before trial.
Court's wording
Unless otherwise ordered by the Court, the parties must submit the following at least fifteen (15) days before the commencement of trial: A. Proposed voir dire questions, jury instructions, and verdict sheet with any special interrogatories, which will be discussed with the parties at the pretrial conference.
In non-jury cases, each party shall submit a statement of the elements of each claim and defenses involving each claim together with a summary of the facts relied upon to establish each element.
- Document
- Non-jury pretrial submission
Must include
- •Statement of facts
Memoranda of 10 pages or more must contain a table of contents.
- Document
- Memorandum of law
Must include
- •Table of contents
Parties shall not attach as an exhibit previously filed documents. Instead, parties shall refer to the previously filed document by its ECF docket number.
A request for oral argument must be made by typing “Oral Argument Requested” below the docket number on the moving or opposing papers.
Filing & Service rules
Courtesy Copy Requirements
A hard-copy chambers set of each motion and its exhibits must be provided immediately at filing with ECF header, docket number, and tabbed/marked exhibits.
One hard copy of each motion and accompanying exhibits must be provided to chambers immediately upon filing. All such papers must bear the ECF filing header that includes the assigned docket number produced at the time of filing. All exhibits must be properly tabbed and marked.
Civil cases
Page 1 | MANDATORY ELECTRONIC CASE FILING (ECF)
As to all other motions, no motion papers are to be filed via ECF nor courtesy copies provided to chambers until the motion has been briefed fully. The courtesy copies must bear the ECF filing header that includes the assigned docket number produced at the time of filing. Courtesy Copies: All such papers must bear the ECF filing header that includes the assigned docket number produced at the time of filing. Exhibits must be tabbed and indexed properly.
As to all other motions, no motion papers are to be filed via ECF nor courtesy copies provided to chambers until the motion has been briefed fully. The courtesy copies must bear the ECF filing header that includes the assigned docket number produced at the time of filing. Courtesy Copies: All such papers must bear the ECF filing header that includes the assigned docket number produced at the time of filing. Exhibits must be tabbed and indexed properly.
Civil cases
Page 5 | F.1 Filing of Motion Papers
When pre-motion conference is not required, a hard courtesy copy must be sent to chambers immediately upon filing.
The bundle rule DOES NOT APPLY to the motions listed in Section IV(A)(1) above and a hard courtesy copy of each submission for which a premotion conference is not necessary, must be forwarded to chambers immediately upon filing.
Civil cases
Page 5 | F.1 Filing of Motion Papers
For impracticable e-filing of voluminous or non-text exhibits, parties may seek permission to file hard copies, with one marked Original and one marked Courtesy Copy.
Parties filing voluminous or non-text exhibits may request the Court’s permission to file only hard copies of those exhibits when electronic filing of those exhibits is impracticable. If permission is granted, one copy must be clearly marked “Original” and the other marked “Courtesy Copy.”
Civil cases
Page 1 | MANDATORY ELECTRONIC CASE FILING (ECF)
Sealing & Redaction Procedures
Sealing requires a letter with reasons plus sealed and proposed redacted copies emailed to the Courtroom Deputy, sent to Chambers (not Clerk), and not filed by the party via ECF.
Filing Sealed Documents: A party seeking to file a document, or any portion of a document, under seal must comply with the following procedures: (1) submit a letter to the Court setting forth the reasons why sealing is necessary along with a copy of the document to be sealed and a proposed redacted copy for posting on the public docket; and (2) email a PDF of these documents to the Courtroom Deputy (contact Chambers for the address). Such documents are to be sent directly to Chambers and not the Clerk’s Office. Parties are not to file such documents via ECF themselves or use the ECF “Motion to File Under Seal” event. Where there is a filing deadline, a request to seal will serve as compliance with that deadline.
Civil cases
Page 2 | MANDATORY ELECTRONIC CASE FILING (ECF)
Filing Bundling Requirements
As to all other motions, no motion papers are to be filed via ECF nor courtesy copies provided to chambers until the motion has been briefed fully.
As to all other motions, no motion papers are to be filed via ECF nor courtesy copies provided to chambers until the motion has been briefed fully.
Civil cases
Page 5 | F.1 Filing of Motion Papers
Pre-Motion Conference Requirements
Discovery motions must follow Local Civil Rules 6.4 and 37.3 and the assigned magistrate judge’s individual rules.
For discovery motions, follow Local Civil Rules 6.4 and 37.3, and the Individual Rules and Practices of the assigned U.S. Magistrate Judge.
Civil cases
Page 4 | CIVIL MOTIONS - Premotion Conferences
Default judgment motions are exempt from the pre-motion conference requirement.
No premotion conference is required to move for default judgment.
Civil cases
Page 5 | E. Motions for Default Judgment
Motions in limine require a pre-motion conference request before filing the JPTO.
Proposed motions addressing evidentiary or other issues to be resolved in limine must be addressed prior to filing the JPTO by requesting a premotion conference.
Civil cases
Page 7 | Joint Pretrial Order
Premotion conferences are required for motions not listed as exempt, with strict pre-motion letter limits, response timing, and no reply or exhibits.
Premotion conferences are NOT REQUIRED for the following: (a) motions in lieu of an answer pursuant to Fed. R. Civ. P. 12(b); (b) objections to U.S. Magistrate Judge Reports and Recommendations pursuant to Fed. R. Civ. P. 72; (c) motions for default judgment; (d) appeals from U.S. Magistrate Judge orders; (e) motions for reconsideration/reargument; (f) motions for sanctions; (h) motions to stay the case; and (i) motions to reopen a case. Requests for premotion conferences as to all other motions are required. To request a premotion conference, the moving party must file a letter motion, not to exceed three (3) single-spaced pages (including signatures), briefly setting forth the basis for the anticipated motion. The respondent must file a letter response, not to exceed three (3) single- spaced pages, within seven (7) days from service of the premotion conference request. REPLIES ARE NOT PERMITTED. DO NOT ATTACH EXHIBITS OR EXCEED THE PAGE LIMIT. FILINGS THAT DO NOT CONFORM TO THESE REQUIREMENTS WILL BE STRICKEN SUMMARILY.
Civil cases
Page 4 | CIVIL MOTIONS - Premotion Conferences
Adjournment & Extension Requirements
Adjournment/extension requests must be filed by ECF letter motion at least 3 business days in advance and include the reason and original deadline/conference date.
Requests for Adjournments or Extensions of Time: All requests for adjournments or extensions of time must be made NO LATER THAN THREE (3) BUSINESS DAYS PRIOR TO THE DATE IN QUESTION, by letter motion via ECF and must include: 1. The reason for the request; 2. The original deadline or conference date;
Civil cases
Page 2 | COMMUNICATIONS WITH CHAMBERS
Adjournment or extension requests must state prior request outcomes, adversary consent position, and proposed new dates.
4. Whether these previous requests were granted or denied; 5. Whether the adversary consents, and, if not, the reason given by the adversary for refusing to consent; and 6. Proposed date(s) for the adjournment or extension of time.
Civil cases
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Pretrial conference adjournment requests must be made at least 3 business days in advance unless there is an emergency.
Absent an emergency, requests for adjournments of the pretrial conference must be made at least three (3) business days prior to the scheduled appearance and in accordance with Rule II(D) above.
Civil cases
Page 8 | C. Pretrial Conference
Parties should not assume that requests made immediately before or on the deadline date will be considered by the Court. Moreover, if no action is taken by the Court, particularly when the request is untimely, parties must assume that they are to complete the required action.
Parties should not assume that requests made immediately before or on the deadline date will be considered by the Court. Moreover, if no action is taken by the Court, particularly when the request is untimely, parties must assume that they are to complete the required action.
Civil cases
Page 3 | heading_not_shown_in_excerpt
Chambers Communication Rules
Phone calls to chambers are allowed only for emergencies requiring immediate attention (except Rule II(C) matters).
Telephone Calls: Except as provided in Rule II(C) below, telephone calls to chambers are permitted ONLY in emergency situations requiring immediate attention. In such situations only, call chambers at the number listed above.
Civil cases
Page 2 | COMMUNICATIONS WITH CHAMBERS
Docketing, Scheduling, and Calendar Matters: For docketing, scheduling, and calendar matters, call the Courtroom Deputy at the telephone number listed above. If the Courtroom Deputy is not immediately available, please leave a voice message, noting your name, telephone number, date and time of the call, case name and docket number, and a brief description of the nature of your call. DO NOT MAKE REPEATED CALLS AND LEAVE REPEATED MESSAGES.
Docketing, Scheduling, and Calendar Matters: For docketing, scheduling, and calendar matters, call the Courtroom Deputy at the telephone number listed above. If the Courtroom Deputy is not immediately available, please leave a voice message, noting your name, telephone number, date and time of the call, case name and docket number, and a brief description of the nature of your call. DO NOT MAKE REPEATED CALLS AND LEAVE REPEATED MESSAGES.
Civil cases
Page 2 | COMMUNICATIONS WITH CHAMBERS
Communications with Chambers must generally be by ECF-filed letter, and counsel correspondence copies should not be sent to the Court or docketed.
Letters: Except as provided below, communication with Chambers must be by letter filed electronically. Copies of correspondence between counsel must not be sent to the Court or posted on the docket via ECF.
Civil cases
Page 2 | COMMUNICATIONS WITH CHAMBERS
ECF filing or training inquiries should be made by phone to Evelyn Levine.
ECF filing or training should be directed to Evelyn Levine at (718) 613-2312.
Civil cases
Page 2 | MANDATORY ELECTRONIC CASE FILING (ECF)