Judge Bulsara Individual Practices (Civil)
May 19, 2026
Individual Practices for Civil and Criminal Cases
JUDGE SANKET J. BULSARA
Effective May 19, 2026
United States District Court for the Eastern District of New York
Central Islip
100 Federal Plaza
Courtroom 930
Central Islip, NY 11722
[email protected]
Courtroom Deputy: Eddie Manson
Judge Bulsara Individual Practices (Civil)
May 19, 2026
CIVIL CASE PRACTICES AT A GLANCE
Individual
Issue Requirement Page
Practices
Written Must occur via letter filed
II.A 1
Communications on ECF.
Faxes Not permitted. II.A 1
Call only if parties cannot
appear due to emergency
and on the day of the
Telephone Calls II.B 1
conference. Telephone
calls to chambers,
Communications
otherwise prohibited.
with Chambers
Ex parte communication
prohibited. Certain
Email documents must be II.C 1
provided to Chambers via
email.
Submission of
Follow file transfer
Large Electronic II.D 2
protocol.
Files
Required for all cases.
ECF III.A 2
Pro se litigants exempt.
Required in every case
consistent with Local
Notices of
Civil Rule 1.4. “Of III.B 2
Appearance
counsel” appearances
prohibited.
Text Searchable
Preferred for ECF filings. III.C 2
Case Related Submissions
Filings
Counsel for represented
parties must mail hard
Pro Se Cases III.D 2
copies of papers to any
pro se litigant.
Voir dire; jury
instructions; verdict
Microsoft Word
forms; proposed findings III.E 2
Documents
should also be emailed to
Chambers.
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Judge Bulsara Individual Practices (Civil)
May 19, 2026
Individual
Issue Requirement Page
Practices
Required for all
memoranda of law, Rule
56.1 statements, and
Courtesy Copies III.F 3
exhibits to summary
judgment memoranda.
Otherwise not required.
Must follow procedures
Sealed or
set forth and satisfy III.G 3–4
Redacted Filings
Lugosch test.
Unpublished
Copies not required. III.H 4
Cases
Court does not
Settlement automatically retain
III.I 4
Agreements jurisdiction for
enforcement.
In person proceedings
only, except in certain pro
Location; Remote se matters. Held in
IV.A 4
Proceedings Courtroom 930 in the
Central Islip Courthouse,
unless otherwise ordered.
Court Must be made via letter
Requests for
Conferences motion, 48 hours prior to IV.B 4
Adjournments
the hearing.
Principal trial counsel
Attendance IV.C 4
required.
Court encourages
Participation participation of relatively IV.D 5
inexperienced counsel.
Magistrate Judge handles
all non-dispositive
Magistrate Responsibilities pretrial matters and V.A 5
Judges scheduling. Consult list
for specific matters.
Consent Strongly encouraged. V.B 6
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Judge Bulsara Individual Practices (Civil)
May 19, 2026
Individual
Issue Requirement Page
Practices
Must comply with
deadlines and word limits
set by Local Rule 72.1(b).
Objections or
Must have made V.C 6
Appeals
argument or presented
evidence to Magistrate
Judge in first instance.
Limited to 1750 words for
opening and response
briefs, and 1050 words for
reply. Permitted for
Letter Motions adjournments, venue, VI.A 6
remand, attorney’s fees
motions, Cheeks approval
in FLSA cases, and
ministerial maters.
Required only for non-
Premotion venue Rule 12 motions
VI.B 6–7
Conferences and motions to amend
pleadings.
Joint proposed schedule
should be filed for all
motions, except letter-
Briefing Schedule VI.C 7
motions, Rule 12 motions,
Motions motions in limine and
Daubert motions.
Should be followed for all
motions except for letter-
Bundling Rule VI.D 7
motions and other
enumerated motions.
Memoranda in support
and opposition must
Word Limits VI.E 7
comply with word limits
in Local Rule 7.1(c).
Double spacing and 12-
Formatting and
point font (including VI.F 8
Citations
footnotes) required.
Oral Argument Typically not held. VI.G 8
Must be made via letter
Requests for
motion, 48 hours prior to VI.H 8
Extensions of Time
deadline.
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Judge Bulsara Individual Practices (Civil)
May 19, 2026
Individual
Issue Requirement Page
Practices
Require premotion
conferences; party in
opposition must inform
Rule 12 Motions about intent to amend; VI.I 8–9
premotion conference will
either set schedule or
decide motion.
Premotion settlement
conference required;
deadline for briefing
schedule is 30 days
following discovery close;
early summary judgment
motions discouraged;
Summary special requirements for
VI.J 9–10
Judgment Motions cross-motions; typically
not permitted in non-jury
cases; Rule 56.1
statements must comply
with Local Civil Rule;
wholesale filing of
exhibits or testimony
prohibited.
Premotion conference
Motions to Amend required; redlines VI.K 10–11
required.
Statements of facts and
Motions for Class
evidence relied on VI.L 11
Certification
required.
Absent order, must be
Motions to filed on same schedule as
VI.M 11–12
Exclude Experts summary judgment
motions.
Bankruptcy
Follow Rules 8014–8018. VI.O 12
Appeals
Orders to Show
Cause; Return Practice prohibited. VI.P 12
Date
Adverse party notice
Notice VII.A 12
required, unless exempt.
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Judge Bulsara Individual Practices (Civil)
May 19, 2026
Individual
Issue Requirement Page
Practices
Temporary
Email Chambers for
Restraining Email VII.B 12
scheduling of hearing.
Orders
Exempt; pro se litigant
permitted to receive ECF
ECF notice and submit VIII.A 12
electronically to Clerk’s
Office.
Pro Se Litigation
Must be mailed in hard
copy to pro se litigant;
Motion Papers Local Civil Rule 7.2, 12.1, VIII.B 12
and 56.2 compliance
certifications required.
Trial Date Two weeks notice only. IX.A 13
Due 30 days following
decision on dispositive
Joint Pretrial motion or following close
IX.B 13–14
Orders (“JPTO”) of discovery if no motion
filed. Consult list of
requirements.
Due with JPTO and
Exhibits submitted electronically IX.C 14
to Chambers.
Due 30 days following
filing of JPTO; subject to
Trial Procedures word and format
Motions in Limine IX.D.1 14–15
limitations; single
consolidated brief
required.
Requests to Due 30 days following
Charge; Voir Dire; filing of JPTO; must be IX.D.2 15
Verdict Forms joint.
Pretrial
Optional. IX.D.3 15
Memorandum
Deposition Must be submitted via
IX.D.4 15
Materials email.
Must be disclosed by end
Witnesses IX.E 15
of each trial day.
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Judge Bulsara Individual Practices (Civil)
May 19, 2026
Individual
Issue Requirement Page
Practices
Parties should consult
Technology courtroom deputy in IX.F 15
advance of trial date.
Time limits used in all
Time Limits IX.G 16
civil trials.
Proposed Findings Due 30 days following
of Fact and conclusion of trial
IX.H 16
Conclusions of testimony; responses due
Law 14 days thereafter.
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Judge Bulsara Individual Practices (Civil)
May 19, 2026
OVERVIEW OF SUMMARY JUDGMENT AND TRIAL DEADLINES
Presumptive Deadline Individual Practices
Summary Judgment
VI.J.2
(Briefing Schedule)
30 days following the close of discovery.
Daubert Motions VI.M
30 days following the close of discovery
Joint Pretrial Order or decision on summary judgment, IX.B
whichever is later.
Electronic Copies of Exhibits Submitted with JPTO. IX.C
Motions in Limine IX.D.1
Requests to Charge IX.D.2
Voir Dire IX.D.2
30 days following filing of JPTO.
Verdict Form IX.D.2
Pretrial Memo (Optional) IX.D.3
Deposition Materials IX.D.4
30 days following conclusion of trial
Proposed Findings of Fact
testimony; responses due 14 days IX.H
and Conclusions of Law
thereafter.
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May 19, 2026
INDIVIDUAL PRACTICES IN CIVIL CASES
I. SCOPE AND APPLICATION; WORD COUNTS; COMPUTING TIME
These Individual Practices and Rules apply to all civil cases before Judge Bulsara.
A party may seek leave, by filing a letter-motion, for a different rule or procedure to
apply to a particular case.
In computing time and deadlines set forth in these Individual Practices, parties
should consult Federal Rule of Civil Procedure 6.
II. COMMUNICATIONS WITH CHAMBERS
A. Written Communications. Except as otherwise provided below, any
communication with the Court must occur via letter filed on ECF. Except for
courtesy copies, which may be delivered to the Clerk’s Office at the Central Islip
courthouse, the Court does not accept hand delivery of any material. And the
Court does not accept faxes. Letter correspondence solely between counsel
should not be filed on ECF, unless as an exhibit to motion papers seeking relief
from the Court. To ensure timely evaluation, a party making an application for
relief via letter (such as a request for an adjournment) should file the document
as a letter-motion on ECF.
B. Telephone Calls and Case Related Inquiries. Telephone calls to
chambers are prohibited, except for emergency circumstances on the date of a
conference. Chambers should only be contacted if on the day of the conference,
the parties cannot appear due to an emergency and counsel wish to inform the
Court that an electronic application is forthcoming. In such a case, counsel may
contact Judge Bulsara’s case manager, Eddie Manson. For all other requests, the
parties must communicate with the Court by letter filed electronically on ECF.
For case-related questions including deadlines and confirmation of conference
dates, counsel should electronically access the docket sheet. For questions
regarding CM/ECF docketing and filings, counsel should call the Court’s
Docketing Section at (631) 712-6010. For technical assistance and courtroom
technology, counsel should call (631) 712-6070.
C. Emails to Chambers. The Court’s email address is
[email protected]. Any request for an adjournment, even an
emergency request, should only be made by letter-motion filed on the docket,
not by email or telephone. The Court does not respond to email requests or
inquiries, or accept submissions via email, except as provided in these rules. Ex
parte emails to Chambers are not permitted and all emails must cc: all other
counsel in the case.
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D. Submission of Large Electronic Files. The Court has a file transfer
protocol for the safe electronic transmission of electronic files. If a party needs to
submit large files to the Court, or exhibits for trial, the party should email
Chambers indicating that they intend to submit large electronic file(s). The email
should include the name and docket number of the case and the nature of the
materials to be submitted electronically. The party should then follow the
protocol set forth here: https://evidence.nyed.uscourts.gov for submission.
III. CASE RELATED FILINGS
A. Requirement for ECF Use. Counsel in all cases are required to register for
Electronic Case Filing (“ECF”). Documents sent to the Court’s email address and
not contemporaneously filed on ECF will not be considered filed. ECF
procedures are available on the Eastern District of New York website. Chambers
staff are unable to assist with filing via ECF. For assistance, please call the ECF
helpline at (631) 712-6010. Because all orders issued by the Court will be
transmitted to counsel electronically, attorneys are responsible for keeping their
ECF registration current with the Clerk’s Office. Pro se litigants are exempt from
ECF filing requirements.
B. Notices of Appearance. Counsel are reminded of their obligations under
Local Civil Rule 1.4 to file a notice of appearance in civil cases. Only a party’s
counsel of record, or an attorney authorized to appear by the party (and not
simply by the party’s counsel of record) may appear in Court on behalf of a
party. An attorney acting “of counsel” for a party’s counsel of record may not
appear without the represented party’s explicit authorization, because such an
attorney has no authority to make binding representations on behalf of any
party. See N.Y. Rules of Pro. Conduct 1.2(c), 22 N.Y.C.R.R. § 1200 (requiring
client to give “informed consent” before an attorney may make a limited
appearance on the client’s behalf).
C. Text Searchable Submissions. If feasible, each submission on ECF should
be in a text-searchable format created by converting the document electronically
to PDF by computer (that is, not by scanning a printed document).
D. Cases Involving Pro Se Litigants. A party represented by counsel in a
case involving a pro se litigant must still file all documents electronically on ECF
and must also mail a hard copy of all documents to the pro se litigant. See § VIII
for additional rules regarding motions involving pro se litigants.
E. Microsoft Word Documents. In addition to filing the document on ECF, a
party should provide Microsoft Word versions of proposed (a) voir dire; (b) jury
instructions; (c) findings of fact and conclusions of law; and (d) verdict forms to
the Court through its email address. Other papers should not be emailed to
Chambers.
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May 19, 2026
F. Courtesy Copies. The parties should only provide paper courtesy copies
of memoranda of law and Rule 56.1 statements associated with any motion to the
Court on the day the motion is filed on ECF (and not before). The parties must
also submit courtesy copies of exhibits to summary judgment memoranda.
Parties are encouraged to use double-sided printing for their courtesy copies.
Such papers may be mailed; overnight, express, or hand delivery service is not
required. Courtesy copies of other papers—including letters, letter-motions,
objections, or appeals to decisions of a Magistrate Judge, exhibits to other
motions, notices of motions, proposed orders, or motions directed to the
Magistrate Judge—should not be provided, and need only be filed on ECF.
G. Sealed or Redacted Filings. There are limited categories of information
that may be redacted from public ECF filings without prior permission from the
Court: those items listed in Federal Rule of Civil Procedure 5.2. All other
redactions or sealing of filings require Court approval. In evaluating motions to
seal, the Court applies the Second Circuit’s test set forth in Lugosch v. Pyramid Co.,
435 F.3d 110 (2d Cir. 2006). Motions for redaction or sealing should comply with
the following procedure:
1. The party seeking leave to file sealed or redacted materials should meet and
confer with any opposing parties (or third parties seeking confidential
treatment of the information, if any) in advance to narrow the request.
2. A party seeking to file a redacted or sealed document should file a single
motion to seal that addresses every document (appended as separate exhibits)
for which sealing or redaction is sought.
3. The motion to seal should be accompanied by a memorandum of law that
explains why any material that is redacted or entirely shielded from public
view satisfies Lugosch. If the memorandum of law requires redaction, both
redacted and unredacted versions of the memorandum, the latter under seal,
should be filed. The memorandum must include an attorney certification that
the meet and confer required in Step 1 has been completed.
4. A public version of the motion to seal—and the underlying motion—should
be filed and must attach the exhibits containing limited redactions or an
indication that the entire document is sealed, as appropriate. A private
version of the motions should also be filed under seal with these same
documents unredacted in their entirety.
5. Any opposition to a motion to seal must be filed within three days of the
filing of the motion to seal and follow the procedures in steps (2) through (4)
above.
6. Motions must comply with the terms of any District-wide order concerning
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May 19, 2026
sealed documents, including Administrative Order No. 2025-13.
Broad treatment of all documents and sweeping justifications for sealing are
inconsistent with the requirement of narrow tailoring and are unlikely to have
merit. See Brown v. Maxwell, 929 F.3d 41, 48 (2d Cir. 2019) (“[I]n contravention of
our precedent, the District Court failed to review the documents individually
and produce specific, on-the-record findings that sealing is necessary to preserve
higher values. Instead, the District Court made generalized statements about the
record as a whole. This too was legal error.” (quotations and footnotes omitted));
e.g., Gannett Media Corp. v. United States, No. 22-2160, 2022 WL 17818626, at *3 (2d
Cir. Dec. 20, 2022) (“[B]road findings, however, are insufficient to justify the
redactions in the Sealed Submissions.”).
H. Unpublished Cases. If a party cites to a case not available in an official
reporter, but otherwise available on Westlaw, it need not file the authority on
ECF or provide a copy to Chambers.
I. Settlement Agreements. The Court will not automatically retain
jurisdiction to enforce confidential settlement agreements. If the parties move
the Court to retain jurisdiction to enforce a settlement agreement, the party must
file the unredacted version of the settlement agreement on ECF as an exhibit to
the proposed stipulation of dismissal, and provide good cause why the Court
should retain jurisdiction.
IV. COURT CONFERENCES
A. Location; Remote Proceedings. The Court conducts all conferences,
except certain pro se matters, in person. Requests for remote proceedings will be
denied. The parties should consult ECF to confirm the location of a conference.
Unless otherwise ordered, all in-person conferences will be held in Courtroom
930 in the Central Islip Courthouse.
B. Requests for Adjournments. Requests for adjournments must be filed
electronically as letter-motions. All requests for adjournments of a court
appearance must be made in writing, and absent an emergency, at least 48 hours
prior to the scheduled appearance. All requests for adjournments must state:
(1) the original date and proposed new date; (2) the reasons for the adjournment;
(3) whether the application is on consent; and (4) proposed dates for the revised
conference.
C. Who Must Attend. Absent leave of Court obtained prior to the
conference, the attorney who will serve as principal trial counsel must appear at
all conferences with the Court. In accordance with Section III.B the Court does
not permit “of counsel” appearances at Court conferences.
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D. Courtroom Opportunities for Relatively Inexperienced Attorneys. The
participation of relatively inexperienced attorneys in all court proceedings is
strongly encouraged. The Court is amenable to permitting a number of lawyers
to argue for one party if this creates an opportunity for a junior lawyer to
participate.
V. MAGISTRATE JUDGES
A. Allocation of Responsibilities to Magistrate Judges. Consistent with the
EDNY’s Division of Business Rule 2(b)(2), the assigned Magistrate Judge is
“empowered to act with respect to all non-dispositive pretrial matters.” As such,
any request for action (including rescheduling of a deadline or conference set by
the Magistrate Judge) on a non-dispositive matter should be addressed to the
assigned Magistrate Judge, not Judge Bulsara. The following matters will be
handled by the assigned Magistrate Judge:
1. Rule 16 initial conferences, discovery scheduling and management;
2. Extensions of time to serve, answer, or file amended pleadings;
3. Deposition disputes;
4. Confidentiality and protective orders;
5. Discovery motions, including motions to quash, enforce, or so-order Rule 45
subpoenas, except for subpoenas directing attendance of a witness at trial;
6. Motions related to the appearance of counsel, including for pro hac vice
admissions, to substitute, to withdraw, or to disqualify counsel, except when
such motions are made following the filing of the joint pretrial order;
7. Referrals of cases to the EDNY mediation or arbitration programs;
8. Settlement conferences;
9. Motions for conditional certification under the Fair Labor Standards Act;
10. Any motion to seal related to items (1) to (9); and
11. Any motion to stay, enforce, adjourn, or compel or request related to items (1)
to (10).
Motions for default judgment, to amend pleadings, or for attorney’s fees will be
handled by, and should be directed to, Judge Bulsara.
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B. Consent to Magistrate Judge Jurisdiction. The Court strongly encourages
parties to consent to Magistrate Judge jurisdiction over dispositive motions, for
trial, settlement approval, or for all purposes. In any case under the Direct
Assignment Program, which is indicated by a Clerk’s Notice on the docket, the
parties must file the “Direct Assignment Program Acknowledgement Form”
available at: https://www.nyed.uscourts.gov/bulletin-direct-assignment-
program.
C. Objections to or Appeal of Decisions, Orders, or Reports and
Recommendations Issued by Magistrate Judges. Any appeal or objection to
any action by a Magistrate Judge must comply with the deadlines and word
limits set forth in Local Civil Rule 72.1(b). Replies are not permitted. The Court
will summarily reject any objection or appeal based on arguments or evidence
not presented in the first instance to the Magistrate Judge. As such, any letter
objection or appeal must cite to the underlying record to demonstrate that the
argument or evidence was first presented to the Magistrate Judge. Any appeal
or objection must also comply with Federal Rule of Civil Procedure 72 and 28
U.S.C. § 636.
VI. MOTIONS
A. Letter Motions. Papers in support and in opposition to letter-motions are
limited to 1750 words, and 1050 words for reply briefs. Sur-replies are not
permitted. All letter-briefs must be in 12-point font (including footnotes). Only
the following motions may be made via letter-motion:
1. To adjourn a deadline or extend time;
2. To transfer venue;
3. For remand;
4. For an award of attorney’s fees;
5. For Cheeks approval in a Fair Labor Standards Act case; and
6. For ministerial matters consistent with Local Civil Rule 7.1(e).
Motions to amend may not be made via letter unless all parties consent to the
amendment.
B. Premotion Conferences. Premotion conferences are required for all
motions brought pursuant to Rule 12, except for such motions which must be
made via letter-motion under VI.A, and for motions to amend pleadings. No
other motion requires a premotion conference (for example, they are not required
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for summary judgment motions). Counsel who authored and signed the
premotion conference letter (or response) must appear at any conference held on
the request.
C. Briefing Schedule. For all motions, except for those requiring premotion
conferences, motions in limine, Daubert motions, or letter-motions, the parties
should file a joint proposed briefing schedule to be so-ordered by the Court.
Summary judgment briefing schedules must contain the date of the settlement
conference required by Section VI.J.1. For motions requiring premotion
conferences, the Court will set the briefing schedule at the conference; motions in
limine and Daubert motions are governed by Sections IX.D.1 and VI.M. The
deadline for a letter motion is governed by any applicable Rule of Civil
Procedure, Local Civil Rule 6.1, and any deadline set by this Court or the
assigned Magistrate Judge.
D. Bundling Rule. As a courtesy to the Court, no motion papers should be
filed on the docket until the motion is fully briefed. The parties should serve
their papers on the other parties in accordance with the briefing schedule, and
file a letter confirmation on the docket memorializing the same. Once the motion
is fully briefed, the moving party is responsible for filing the full set of motion
papers via ECF and providing a courtesy copy of all papers required by Section
III.F to the Court. For motions implicating Fed. R. App. P. 4(a)(4)(A) or similar
time-limiting rules of the Federal Rules of Civil or Appellate Procedure, if any
party concludes in good faith that delaying the filing of a motion will deprive the
party of a substantive right, this bundling rule does not apply; a party may file
the motion within the time required by the Federal Rules of Civil or Appellate
Procedure, together with an explanation of the basis for the conclusion. This
bundling rule does not apply to motions: (1) for default judgment pursuant to
Rule 55; (2) post-trial and/or post-judgment motions under Rules 50(b) (for
judgment as a matter of law), 52(b) (to amend or make additional findings), 59
(for a new trial), and 60 (for relief from a final judgment, order or proceeding); (3)
attorney’s fees pursuant to Rule 54(d)(2); (4) motions involving a pro se litigant;
or (5) letter-motions.
E. Word Limits. Unless the Court orders otherwise, memoranda of law
must comply with the word limits as set forth in Local Civil Rule 7.1(c) and the
requirement for a certification of compliance with the word limit. Memoranda of
law must include sections discussing the relevant background and facts. Parties
may not circumvent the word limit by putting relevant facts in a different
document. (For example, parties cannot incorporate by reference their Local
Rule 56.1 Statements or Counterstatements.) Motions for reconsideration must
comply with the word limits set forth in Local Civil Rule 6.3.
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F. Formatting and Citations. Case citations must contain pinpoint cites. All
memoranda of law must use reasonable margins, double spacing, and a
reasonable font of 12 point or larger, including for footnotes. Legal arguments
must be set forth in a memorandum of law rather than in affidavits, affirmations,
or declarations. Any papers not complying with these requirements will be
rejected. Citations to the docket should be made at the end of the sentence with
“Docket Entry (“DE”) [docket number].” Thereafter, any further citations to the
docket may be made with a short-cite at the end of the sentence with “DE [docket
number].” Parties must provide evidentiary citations, including references to
specific pages, in any submission that cites record material. Memoranda of 3500
words or more must contain a table of contents and a table of authorities, neither
of which shall count against the word limit.
G. Oral Argument. The Court does not typically hold oral argument. Parties
may request oral argument by filing a letter requesting the same upon filing of a
fully briefed motion, explaining the basis for the request.
H. Requests for Extensions of Time. Requests for extensions of time must
be filed electronically as letter-motions. All requests for extensions must be
made in writing, and absent an emergency, at least 48 hours prior to a filing
deadline. All requests for extensions of time must state: (1) the original deadlines
and proposed new deadlines; (2) the reasons for the extension; (3) whether the
application is on consent; and (4) proposed dates for the revised deadline.
I. Rule 12 Motions. The following rules apply to all motions under Federal
Rule of Civil Procedure 12, except motions which must be made by proceeding
via letter-motion:
1. A premotion conference (“PMC”) is required. See § VI.B. To arrange for such
a conference, the moving party should file a letter not exceeding 1750 words
setting forth the basis for the motion. No later than seven days following ECF
service, the non-moving party may file a letter not exceeding 1750 words
opposing the request and contesting the basis for the motion. PMC letters
must contain a certification of compliance with these word limits as set forth
in Local Civil Rule 7.1. Replies are not permitted.
2. Service of a letter requesting a premotion conference within the time
requirements of Federal Rule of Civil Procedure 12 will constitute timely
service of a motion made pursuant to this Rule.
3. When a motion to dismiss is filed, the non-moving party must, within 10 days
of receipt of the motion, notify the moving party (and the Court by filing a
letter on ECF) whether it intends to file an amended pleading or intends to
rely upon the pleading being attacked. Any amended pleading must comply
with Local Civil Rule 15.1, and the filing of any amended pleading—even if
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as of right—must include both a clean copy of the amended pleading, as well
as a version indicating all differences from the original pleading through
typographic methods such as redlining.
4. In appropriate cases, the Court may exercise its discretion to construe the
premotion letter as the motion itself.
5. Absent a statutory provision providing otherwise (e.g., the PSLRA), discovery
is not stayed automatically upon filing of a motion to dismiss or request for
premotion conference for such a motion. A party is obligated to seek a
discovery stay from the assigned Magistrate Judge if it wishes to suspend
discovery during the pendency of any motion.
J. Summary Judgment Motions.
1. Requirement of Pre-Motion Settlement Conference. Any party seeking to
file a motion for summary judgment must first have had a settlement
conference with the assigned Magistrate Judge. Failure to request and attend
such a conference precludes a party from moving for summary judgment. A
party opposing summary judgment may not decline to participate in a
settlement conference requested by the moving party, and doing so is
grounds for sanctions. See United States v. U.S. Dist. Ct. for N. Mar. I., 694 F.3d
1051, 1057 (9th Cir. 2012) (“[T]he district court has broad authority to compel
participation in mandatory settlement conference.”); Bulkmatic Transp. Co. v.
Pappas, No. 99-CV-12070, 2002 WL 975625, at *2 (S.D.N.Y. May 9, 2002) (“[I]t
is well established that a court can require parties to appear for a settlement
conference, and impose sanctions pursuant to Rule 16(f) if a party fails to do
so.”) (collecting cases). Attending a private mediation or one arranged
through the EDNY’s mediation program does not satisfy this requirement.
The assigned Magistrate Judge is empowered to hold the conference via
video or in-person (telephone conferences do not comply with this
requirement). This requirement does not apply to those cases exempt from
Rule 16 scheduling orders under Local Civil Rule 16.1.
2. Deadlines. Unless ordered otherwise by either Judge Bulsara or the assigned
Magistrate Judge, the deadline to submit a proposed summary judgment
briefing schedule is 30 days following the close of all discovery. Failure to
abide by this deadline will result in waiver of the right to make a summary
judgment motion. See Fed. R. Civ. P. 56(b). The schedule must contain the
date of the settlement conference required by Section VI.J.1.
3. Early Summary Judgment Motions. The Court strongly discourages
summary judgment motions made prior to the close of all discovery, though
the Court will consider such motions in exceptional circumstances. For such
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early summary judgment motions, contemporaneous with the filing of the
proposed briefing schedule, the moving party must file a letter no longer than
700 words directed to why early dispositive motion practice should be
permitted. Any party may file a response no longer than 700 words in
opposition no later than seven days after the first filing.
4. Cross Motions for Summary Judgment. In the case of cross-motions for
summary judgment, a consolidated briefing scheme applies. Plaintiff shall
serve a motion for summary judgment and supporting papers including a
memorandum of law no longer than 8750 words on the deadline ordered by
the Court. Defendant will then serve a motion for summary judgment and a
memorandum of law of no more than 17,500 words supporting their motion
and opposing Plaintiff’s motion. Plaintiff will then serve a memorandum of
law of no more than 12,250 words opposing Defendant’s motion and replying
to Defendant’s opposition to Plaintiff’s motion. Defendant shall then serve a
reply to Plaintiff’s opposition of no more than 3500 words. The papers will
then be filed on ECF pursuant to the bundling rule, see § VI.D, and courtesy
copies provided as set forth in Section III.F.
5. Non-Jury Cases. In any non-jury case, the Court will ordinarily not permit
summary judgment practice. In such a case, on the date for the submission of
a briefing schedule, the parties may submit a joint letter no longer than 700
words, explaining why such practice should be permitted.
6. Local Rule 56.1 Statements. Parties must prepare and submit Rule 56.1
statements consistent with the Local Rules.
7. Exhibits. Exhibits to summary judgment motions should be limited to those
documents or portions of testimony necessary to the disposition of motions.
For example, the parties should not file on ECF entire deposition transcripts
or all exhibits used at a deposition. Unnecessary filings will be stricken.
K. Motions to Amend.
1. A premotion conference is required. See § VI.B. To arrange for such a
conference, the moving party should file a letter not exceeding 1750 words
setting forth the basis for the motion. The party must also submit a redlined
version and a clean copy of the proposed amended pleading. No later than
seven days following ECF service, the non-moving party may file a letter not
exceeding 1750 words opposing the request and contesting the basis for the
motion. PMC letters must contain a certification of compliance with these
word limits as set forth in Local Civil Rule 7.1. Replies are not permitted.
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2. Compliance with Local Rule 15.1. Motions to amend must comply with
Local Civil Rule 15.1, which requires the motion to include a clean copy of the
proposed amended pleading, as well as a version indicating all differences
from the original pleading through typographic methods such as redlining.
3. Futility Arguments. Parties intending to oppose a motion to amend based
entirely on futility grounds are strongly advised to consider alternatively
bringing those arguments in a motion to dismiss. While “it is well
established that leave to amend a complaint need not be granted when
amendment would be futile,” Ellis v. Chao, 336 F.3d 114, 127 (2d Cir. 2003),
“[i]n the interests of judicial economy and in the absence of undue prejudice,
the Court may decline to engage in a detailed futility analysis where the
Court finds that these arguments are better suited for consideration in the
context of a motion to dismiss,” Env’t Sols. Assocs. Grp., LLC v. Conopoco, Inc.,
No. 20-CV-10699, 2021 WL 2075586, at *2 (S.D.N.Y. May 24, 2021) (citation
omitted). Parties opposing amendment should strongly consider consenting
to the amended complaint, see Fed. R. Civ. P. 15(a)(2), and raising any futility
arguments in the context of a Rule 12 motion. See, e.g., GGC Int’l Ltd. v. Ver,
No. 24-CV-0153, 2025 WL 81319, at *2–*3 (S.D.N.Y. Jan. 13, 2025) (granting
defendant’s motion to amend his answer and counterclaims and denying
plaintiff’s motion to dismiss without prejudice after establishing that doing so
would not prejudice plaintiff); Pitman v. Immunovant, Inc., No. 21-CV-0918,
2023 WL 1995018, at *6–*7 (E.D.N.Y. Feb. 14, 2023) (granting plaintiff leave to
amend and denying defendants’ motions to dismiss after finding that “the
better use of the parties’ and the Court’s resources is to have Plaintiff file a
third amended complaint drafted with consideration to Defendants’ motions
to dismiss”).
L. Motions for Class Certification. Motions for class certification must be
accompanied by a separate statement in numbered paragraphs of the facts and
evidence (including expert reports or testimony) on which the moving party
relies in its motion. Each statement must be accompanied by specific citations to
evidence in the record. The Court will not consider facts or evidence outside of
this statement or any unsupported allegation or claim. The papers in opposition
to a motion for class certification must also include a similar statement of the
facts relied on in opposition. The statement in opposition need not be
corresponding or respond to the movant’s statement.
M. Motions to Exclude Experts. Motions to exclude testimony of experts,
pursuant to Rules 702–705 of the Federal Rules of Evidence and Daubert v. Merrell
Dow Pharmaceuticals, 509 U.S. 579 (1993), must be made by the deadline for
briefing summary judgment motions and should not be treated as motions in
limine. In the proposed briefing schedule for summary judgment motions, the
parties may ask the Court to suspend briefing on motions related to experts, if
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good cause exists for such an adjournment until dispositive motions are
resolved.
N. Motions In Limine. See § IX.D.1.
O. Bankruptcy Appeals. Parties must comply with the briefing schedule and
the format and length specifications set forth in Federal Rules of Bankruptcy
Procedure 8014–8018, unless otherwise ordered by the Court.
P. Orders to Show Cause and Return Date. Parties should not proceed via
orders to show cause or set their own return dates for motions.
VII. TEMPORARY RESTRAINING ORDERS
A. Notification to Adverse Party. The party seeking a temporary restraining
order must file, with its motion papers, a letter indicating (a) whether and how it
has notified its adversary about the motion; or (b) why the requirements of
Federal Rule of Civil Procedure 65(b)(1) are satisfied, and notice to the adverse
party is not required. Where the motion is made on notice to the adverse party,
the moving party must serve the documents (as required by Fed. R. Civ. P. 4 or 5,
as applicable) on all defendants against whom relief is sought.
B. Email to Chambers. The moving party must upon filing of the TRO
papers send an email to Chambers indicating the timeframe requested for Court
action. The email should also provide counsel and witness availability for a
preliminary injunction hearing.
VIII. CASES INVOLVING PRO SE LITIGANTS
A. ECF. Pro se litigants are exempt from electronic filing. Pro se litigants
may receive ECF notifications of case activity by contacting the Clerk’s Office at
(631) 712-6060 and providing their email address. In lieu of bringing paper
copies of documents to the Courthouse for filing, pro se litigants may file
documents on ECF by submitting them to the Clerk’s Office at
https://prose.nyed.uscourts.gov/
B. Motion Papers. Counsel for parties in cases must mail hard copies of all
motion papers and filings to any pro se litigant, and file proof of service on ECF,
regardless of whether the pro se party has opted to receive ECF notifications.
Counsel are reminded of their obligations under Local Civil Rules 7.2, 12.1, and
56.2. Any motion implicating these Local Rules must be accompanied by a
certification of compliance with these requirements.
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IX. TRIAL PROCEDURES
A. Notice of Trial Date; Schedule of Trial Dates. Following submission of
the joint pretrial order, the Court may schedule the trial to commence with only
two weeks notice, and absent extraordinary circumstances, adjournments will
not be granted. The Court will typically begin trials on a Monday and sit for four
days per week.
B. Joint Pretrial Orders (“JPTO”). No later than 30 days after the date for
the completion of all discovery, or, in the event that a dispositive motion is filed,
no later than 30 days after the Court’s ruling on such a motion, the parties must
file on ECF, a proposed joint pretrial order that includes the following
information:
1. A current caption of the case (omitting entities or persons dismissed or
substituted);
2. The names, law firms, addresses, telephone numbers, and email addresses of
trial counsel;
3. A brief statement by plaintiff (or by defendant in a removed case) as to the
basis for subject matter jurisdiction, and a brief statement by each other party
as to the presence or absence of subject matter jurisdiction. Such statements
shall include citations to all statutes relied on and relevant facts as to
citizenship and jurisdictional amount;
4. A brief summary by each party of the claims and defenses it has asserted and
which remain to be tried, without recital of evidentiary matter, but including
citations to all statutes on which the party is relying;
5. A statement by each party as to whether the case is to be tried with or
without a jury, and the number of trial days needed;
6. A joint statement summarizing the nature of the case, to be read to potential
jurors during jury selection;
7. A list of people, places, and institutions (in alphabetical order) that are likely
to be mentioned during the course of the trial, to be read to potential jurors
during jury selection;
8. Any stipulations or statement of facts that have been agreed to by all parties.
In a jury case, the parties should memorialize any such statements in a
standalone document that can be marked and admitted at trial;
9. A list of all trial witnesses (in alphabetical order), indicating whether such
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witnesses will testify in person (or by deposition), whether such witnesses
will require an interpreter (and, if so, which party will pay the costs for the
interpreter), and a brief summary of the substance of each witness’s
testimony. Absent leave, a witness listed by both sides shall testify only once,
and the parties should confer on scheduling for such witnesses;
10. A designation by each party of deposition testimony to be offered in its case
in chief, with any cross-designations and objections by any other party. The
parties need not include deposition testimony marked solely for
impeachment purposes;
11. A list by each party of exhibits to be offered in evidence. The list must
include any exhibits that will be offered only on rebuttal, but does not need to
include exhibits to be used solely for impeachment purposes. If a party
objects to an exhibit, the objection must be noted and include a citation to the
Federal Rule of Evidence that is the basis for the objection. If any party
believes that the Court should rule on such an objection in advance of trial,
that party should include a notation to that effect (e.g., “Advance Ruling
Requested”).
12. A statement of the damages claimed and any other relief sought, including
the manner and method used to calculate any claimed damages and a
breakdown of such claimed damages; and
13. A statement of whether the parties consent to less than a unanimous verdict.
14. A list of agreed upon dates for commencement of trial in the six months
following submission of the joint pretrial order.
C. Electronic Copies of Exhibits. By the JPTO deadline, parties must also
submit (but not file on ECF): an electronic copy of each exhibit sought to be
admitted (with each filename corresponding to the relevant exhibit number—
e.g., “PX-1,” “DX-1,” etc.). The electronic copies should be submitted pursuant to
the protocol in Section II.D. If submission of electronic copies would be an
undue burden on a party, the party may seek leave of the Court (by letter-motion
filed on ECF) to submit prospective documentary exhibits in hard copy. Each
hard copy must be pre-marked (with an exhibit sticker) and assembled
sequentially in a loose-leaf binder (not to exceed 2 1/2 inches in thickness) or in
separate manila folders labeled with the exhibit numbers and placed in redweld
folders labeled with the case name and docket number.
D. Required Pretrial Filings. Each party must file on ECF within 30 days
after the filing of the JPTO, the following:
1. Motions in Limine. Each party must file a single memorandum of law,
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addressing all motions in limine filed by that party, and absent leave of Court,
subject to the word and format limitations in Sections VI.E and VI.F above.
Oppositions to the motions in limine are due no later than 14 days following
the filing of the opening brief. Replies are not permitted. No such motion
will be considered unless the moving party’s memorandum includes a
certification that, prior to filing the motion, the parties conferred, in person or
via video, in a good faith effort to resolve the issue(s) asserted in the motion
without the intervention of the Court and were unable to reach an agreement.
2. Requests to Charge; Voir Dire; Verdict Forms. In all jury cases, joint
requests to charge, joint proposed verdict forms, and joint voir dire questions
must be provided. Absent good reason, the parties should not include
proposed language for standard instructions (about, for example, the role of
the Court and the jury, the standard of proof, etc.), as the Court is likely to use
its own standard instructions; instead, the parties should include a list of
standard instructions that they believe are appropriate and focus their
attention on case-specific requests to charge. For any request to charge, voir
dire question, or verdict entry on which the parties cannot agree, each party
should clearly set forth its proposed charge or question, and briefly state why
the Court should use its proposed charge or question, with citations to
supporting authority. These documents should also be emailed to chambers
as Word documents by the deadline.
3. Pretrial Memorandum of Law. If a party believes that a pretrial
memorandum of law would be useful to the Court, it shall file such
memorandum of law on ECF. Rebuttal or reply memoranda are not
permitted, and any memorandum must comply with Section VI.
4. Deposition Materials. In any non-jury case, each party should submit via
email (but not file on ECF) all deposition excerpts which will be offered as
substantive evidence, as well as a one-page synopsis of those excerpts for
each deposition. Each synopsis must include page citations to the pertinent
pages of the deposition transcripts.
E. Witnesses. No later than the end of each trial day, counsel must notify
each other and the Court of witnesses to be called the next trial day.
F. Technology Needs. If a party wishes to use audio-visual equipment at a
hearing or trial, it is that party’s responsibility to ensure that any required
approvals are obtained and that the necessary equipment is set up and working
properly in advance of trial. The party should contact Judge Bulsara’s
Courtroom Deputy sufficiently in advance of trial to make the necessary
arrangements for a technology walkthrough and to test the equipment.
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G. Time Limits. In most civil cases, the Court will impose time limits on
both sides at the final pretrial conference. The parties’ opening statements (in
civil jury trials) and examinations of witnesses will count against their time. The
time limits do not apply to jury selection or to summations; the Court may
impose separate time limits for summations. The parties should be prepared to
address the issue of time limits at the final pretrial conference.
H. Proposed Findings of Fact and Conclusions of Law. Following a bench
trial, initial proposed findings are due 30 days following the conclusion of trial
testimony, and responsive submissions are due 14 days thereafter.
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Judge Bulsara Individual Practices (Criminal)
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CRIMINAL CASE PRACTICES AT A GLANCE
Individual
Issue Requirement Page
Practices
Written
Must occur via letter filed on ECF. II.A 1
Communications
Faxes Not permitted. II.A 1
Call only if parties cannot appear
due to emergency and on the day of
Telephone Calls II.B 1
the conference. Telephone calls to
Communications
chambers otherwise prohibited.
with Chambers
Ex parte communication prohibited.
Email Certain documents must be emailed II.C 1
to Chambers.
Submission of
Contact Chambers via email for
Large Electronic II.D 1
FTP link.
Files
ECF Required for all cases. III.A 2
Notices of Required in every case consistent
III.B 2
Appearance with Local Criminal Rule 1.2.
Text Searchable
Preferred for ECF filings. III.C 2
Submissions
Voir dire; jury instructions; verdict
Microsoft Word
forms should also be emailed to III.D 2
Case Related Documents
Chambers.
Filings
Required for all memoranda of law
longer than 10 pages/3500 words;
Courtesy Copies III.E 2
sentencing submissions; and 3500
material. Otherwise not required.
Sealed or Redacted Must follow procedures set forth
III.F 2–3
Filings and satisfy Lugosch test.
Unpublished Cases Copies not required. III.G 3
Initial Appearance
Handled by duty Magistrate Judge. IV.A 3
and Arraignment
Initial Status Counsel should email for
IV.B 3
Conference scheduling.
Case Scheduling
Trial Date Set at second status conference. IV.C 3
Must be made 72 hours in advance,
Request for
including for sentencing or pleas, IV.D 3–4
Adjournment
and in writing via letter-motion.
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Individual
Issue Requirement Page
Practices
Documents Plea agreement; information;
Emailed to Court waiver of indictment; and elements V.A 4
(in advance) sheet.
Pre-plea preparation strongly
Guilty Pleas Factual Allocution V.B 4
encouraged.
Documents
Executed plea agreement for filing
Emailed to Court V.C 4
under seal (no docket entry).
(following plea)
No page limits except for in limine
motions. Letters longer than 2
Page Limits and pages/700 words must be double
VI.A 4–5
Formatting spaced. 12 point font (including
footnotes) required for all
submissions.
Must comply with meet-and-confer
Letters, Motions,
Discovery Motions requirement of Local Criminal Rule VI.B 5
and Memoranda
16.1
Due no later than 45 days prior to
trial; must be consolidated briefs;
limited to 8750 words for opening
Motions in Limine VI.C 5
and response briefs and 3500 words
for reply; replies strongly
discouraged.
Requests to Charge; Due 14 days prior to trial; also must
Voir Dire; Verdict be emailed to Chambers in MS VII.A.1 5
Forms Word format.
Exhibit Lists Due 7 days prior to trial. VII.A.2 5
Electronic form due to Chambers 2
Exhibits VII.A.3 5
Trial Procedures days prior to trial.
3500 Material Must be in hard copy. VII.A.4 6
Must be disclosed by end of each
Witnesses VII.B 6
trial day.
Parties should consult courtroom
Technology VII.C 6
deputy in advance of trial date.
21 days prior to sentencing for
Timing Defendant; 14 days prior to VIII.A 6
Sentencing sentencing for Government.
Should be consolidated submission
Letters VIII.B 6
on ECF.
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Judge Bulsara Individual Practices (Criminal)
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INDIVIDUAL PRACTICES IN CRIMINAL CASES
I. SCOPE AND APPLICATION
These Individual Practices and Rules apply to all criminal cases before Judge
Bulsara. A party may seek leave, by filing a letter-motion, for a different rule or
procedure to apply to a particular case.
In computing time and deadlines set forth in these Individual Practices, parties
should consult Federal Rule of Criminal Procedure 45.
II. COMMUNICATION WITH CHAMBERS
A. Written Communications. Except as otherwise provided below, any
communication with the Court must occur via letter filed on ECF. Except for
courtesy copies, the Court does not accept hand delivery of any materials, which
must be provided to the Court Security Officers at the Central Islip Courthouse
lobby. And the Court does not accept faxes. A party making an application for
relief via letter (such as a request for an adjournment), should file the letter as a
letter-motion on ECF.
B. Telephone Calls and Case Related Inquiries. Telephone calls to
chambers are prohibited, except for emergency circumstances on the date of a
conference. Chambers should only be contacted if on the day of the conference,
the parties cannot appear due to an emergency and counsel wish to inform the
Court that an electronic application is forthcoming, in which case counsel may
contact Judge Bulsara’s deputy, Eddie Manson. Adjournment requests may not
be made telephonically.
C. Emails to Chambers. The Court’s email address is
[email protected]. Any request for an adjournment, even an
emergency request, should only be made by letter, not email or telephone. The
Court does not respond to email requests or inquiries, or accept documents via
email, except for those matters detailed in these rules. Ex parte emails to
Chambers are not permitted, and absent good cause, all emails must cc: opposing
counsel.
D. Submission of Large Electronic Files. The Court has a file transfer
protocol for the safe electronic transmission of electronic files. If a party needs to
submit large files to the Court, or exhibits for trial, the party should email
Chambers indicating that they intend to submit large electronic file(s). The email
should include the name and docket number of the case and the nature of the
materials to be submitted electronically. The party should then follow the
protocol set forth here: https://evidence.nyed.uscourts.gov for submission.
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Judge Bulsara Individual Practices (Criminal)
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III. CASE RELATED FILINGS
A. Requirement for ECF Use. Counsel in all cases are required to register for
Electronic Case Filing (“ECF”). ECF procedures are available on the Eastern
District of New York website. Chambers staff are unable to assist with filing via
ECF. For assistance, please call the ECF helpline at (718) 613-2610. Because all
orders issued by the Court will be transmitted electronically, attorneys are
responsible for keeping their ECF registration current with the Clerk’s Office.
B. Notices of Appearance. Counsel are reminded of their obligations under
Local Criminal Rule 1.2 to file a notice of appearance in criminal cases.
C. Text searchable submissions. If feasible, each submission on ECF should
be in a text-searchable format created by converting the document electronically
to PDF by computer (that is, not by scanning a printed document).
D. Microsoft Word Documents. In addition to filing the document on ECF, a
party should provide Microsoft Word versions of proposed (a) voir dire; (b) jury
instructions; and (c) verdict forms to the Court’s email address.
E. Courtesy Copies. The parties must supply the Court with courtesy copies
of any memoranda longer than 3500 words (10 pages), sentencing submissions,
and 3500 material, all of which may be mailed to Chambers (express, overnight
or hand deliver are not required). Courtesy copies of any other material are not
required.
F. Sealed or Redacted Filings. There are limited categories of information
that may be redacted from public ECF filings without prior permission from the
Court: those items listed in Federal Rule of Civil Procedure 5.2. All other
redactions or filing seal of Court materials require Court approval. In evaluating
motions to seal, the Court applies the Second Circuit’s test set forth in Lugosch v.
Pyramid Co., 435 F.3d 110 (2d Cir. 2006). Motions for redaction or sealing should
comply with the following procedure:
1. A party seeking to file a redacted or sealed document should file a single
motion to seal that addresses every document (as separate exhibits) for which
sealing or redaction is sought.
2. A public version of the motion should attach the exhibits containing limited
redactions or an indication that the entire document is sealed, as appropriate.
A private version of the motion should be filed under seal with these same
documents unredacted in their entirety.
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3. The motion to seal should be accompanied by a memorandum of law that
explains why any material that is redacted or entirely shielded from public
view satisfies Lugosch. If the memorandum of law requires redaction, both
redacted and unredacted versions of the memorandum, the latter under seal,
should be filed.
4. Any opposition to a motion to seal must be filed within three days of the
filing of the motion to seal and follow the procedures in steps (2) through (3)
above.
Broad treatment of all documents and sweeping justifications for sealing are
inconsistent with the requirement of narrow tailoring and are unlikely to have
merit. See Brown v. Maxwell, 929 F.3d 41, 48 (2d Cir. 2019) (“[I]n contravention of
our precedent, the District Court failed to review the documents individually
and produce specific, on-the-record findings that sealing is necessary to preserve
higher values. Instead, the District Court made generalized statements about the
record as a whole. This too was legal error.” (quotations and footnotes omitted));
e.g., Gannett Media Corp. v. United States, No. 22-CV-2160, 2022 WL 17818626, at *3
(2d Cir. Dec. 20, 2022) (“[B]road findings, however, are insufficient to justify the
redactions in the Sealed Submissions.”).
G. Unpublished Cases. If a party cites to a case not available in an official
reporter, but otherwise available on Westlaw, it need not file the authority on
ECF or provide a copy to Chambers.
IV. CASE SCHEDULING
A. Initial Appearances and Arraignments. A defendant’s initial appearance
and any arraignment on an indictment (or superseding indictment) will take
place before the Magistrate Judge on duty.
B. Status Conferences. Following the assignment of a criminal case to Judge
Bulsara, the parties are directed to email c
