Judge Ben Barbato
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Motion
Court-wideOpposition, Reply
Court-wideProposed Order, Supporting Documents
Court-wide
Communication
Chambers
Document Filing Requirements8 rules
The stipulation must certify that all discovery is complete and provide for the filing of the NOI.
Parties shall not file a Note of Issue unless fully stipulated or upon leave by the Court to do so, which leave shall be communicated by the Court’s Law Clerk.
On or before the designated Pre-trial Conference date, the parties shall e-file (if the matter is an e-file case) and e-mail a notice to the Court (PARTIA15@nycourts.gov) indicating whether the parties (1) are requesting a pre-trial virtual settlement conference before the Judge; (2) are agreeing to binding arbitration, a summary jury trial, or a virtual bench trial, (3) have agreed to settle the matter, including the settlement amount if not confidential; or (4) are advising that none of the above applies, and there are no outstanding pre-trial issues in the matter that require Court intervention/resolution.
Be advised that if the notice is requesting a pre-trial conference, it must be signed or agreed to by all parties.
A request for an accelerated compliance conference must identify the specific discovery disagreement and the good-faith efforts to resolve it.
Court's wording
Such request shall specifically delineate the specific disagreement with regard to outstanding discovery and further the good faith efforts to resolve the same in accord with 22 NYCRR 202.7[c]; and applicable Bronx Supreme Court Administrative Orders issued by Administrative Judge Gonzalez.
In the request, please include the case name, index number, the names and contact phone number for the attorneys.
In addition, please disclose the insurance policy limits for the defendant(s).
All conferences will be held via Microsoft Teams.
Filing & Service rules
Electronic Filing Rules
If all parties agree discovery is complete, they must file the fully executed stipulation on NYSCEF, or email it to Part 15 in non-electronic cases, by the scheduled status/compliance conference date.
If all parties agree that discovery is complete, the parties shall e-file a fully executed stipulation onto the NYSCEF system, or for non-electronic filing cases only, e-mail a fully executed stipulation to: PARTIA15@nycourts.gov, on or before the scheduled Status/Compliance conference date.
Civil cases
Page 1 | I. Disclosure Conferences
Stipulations must be uploaded to NYSCEF; an acceptable stipulation will be so ordered and sent to the clerk for NYSCEF upload.
Stipulations must be uploaded to the NYSCEF system. If acceptable, the stipulation will be “So Ordered” by the Court and sent to the Clerk for uploading to the NYSCEF system.
Civil cases
Page 1 | I. Disclosure Conferences
When discovery issues are fully resolved, the parties must e-file a fully executed stipulation on NYSCEF and email a copy to Part 15 with the specified subject-line format.
If the parties agree on all issues relating to outstanding discovery, the parties shall e-file a fully executed stipulation onto the NYSCEF system and e-mail a fully executed stipulation to: PARTIA15@nycourts.gov with the subject line “Stip in Lieu of Conf Index No. xxxxxx/xxxxE”.
Civil cases
Page 1 | I. Disclosure Conferences
Filing Timing and Cure Windows
A motion for summary judgment is due sixty days after the Note of Issue is filed, and the parties may not stipulate to extend that period.
*THE DEADLINE TO FILE A MOTION FOR SUMMARY JUDGMENT IS SIXTY (60) DAYS AFTER THE FILING OF THE NOTE OF ISSUE. PARTIES MAY NOT STIPULATE TO EXTENDING THIS TIME FRAME.
Civil cases
Page 2 | II.C. Motions
Courtesy Copy Requirements
Chambers does not require working copies of electronically filed motion papers.
Chambers does not require working copies of electronically-filed motion papers (see Administrative Order AO/121/20).
Civil cases
Page 2 | II.C. Motions
Pre-Motion Conference Requirements
Motions are ordinarily decided on submission unless the court specifically schedules oral argument or a conference by Microsoft Teams.
All motions will be decided “on submission” unless specifically scheduled for oral argument/conference before the Court via Microsoft Teams.
Civil cases
Page 2 | II.C. Motions
Adjournment & Extension Requirements
Failure to contact the court before the scheduled pretrial conference date causes the conference to be administratively adjourned to a future date.
If the parties do not contact the Court in advance of the scheduled pre-trial conference date, the pre- trial conference will be administratively adjourned to a future date.
Civil cases
Page 2 | II.A. Pre-Trial Conferences
Chambers Communication Rules
Every email to the Court must copy all other parties; ex parte communications are not accepted and noncompliant emails may be deleted without response.
Make sure to copy all other parties on any e-mail sent to the Court. No ex parte communication will be accepted and failure to provide notice to all parties will result in the deletion of the e-mail and nonresponse by the Court.
Civil cases
Page 1 | I. Disclosure Conferences
Any email sent to the court about a motion must copy all other parties in the case.
Please make sure to copy all other parties in the case on any e-mail sent to the Court.
Civil cases
Page 2 | II.C. Motions
The parties must contact the court immediately about developments affecting resolution of a pending motion.
Please contact the Court immediately if there have been any developments in a case that would affect the resolution of a pending motion (i.e., settlement, stipulation to adjourn, withdrawal, etc.).
Civil cases
Page 2 | II.C. Motions
To request a settlement conference, the parties must confer with one another and email the request to Part 15.
Parties shall confer with one another and e-mail the request to: PARTIA15@nycourts.gov.
Civil cases
Page 2 | II.B. Settlement Conferences
When parties reasonably disagree that discovery remains outstanding, they may request an accelerated compliance conference by emailing the Court’s Law Clerks.
In the event the parties reasonably disagree that discovery remains outstanding, a request for an accelerated compliance conference date may be made by contacting the Court’s Law Clerks at: PARTIA15@nycourts.gov.
Civil cases
Page 1 | I. Disclosure Conferences