Senior Judge Frederic Block
Brooklyn Courthouse
Telephone: (718) 613-2420
Fax: by permission only
Case Manager/ Courtroom Deputy: Michael Innelli
Telephone: (718) 613-2425
Motions Returnable
Counsel will be notified
Unless otherwise ordered by the judge in a specific case, matters before the judge shall be
conducted in accordance with the following practices:
1. Communications With Chambers
A. Letters.
Except as provided below, communications with chambers shall be by letter, with
copies simultaneously delivered to all counsel. Copies of correspondence between counsel shall
not be sent to the Court. Counsel are welcomed to contact chambers either by telephone or letter
to inquire as to their pending motion or to notify the Court regarding any emergency or time
concerns as to their pending motion.
B. Telephone Calls.
In addition to Paragraph 1(D) below: Telephone calls to chambers are permitted.
For docketing, scheduling or calendar matters, call (718) 613-2425.
C. Faxes.
Faxes to chambers are permitted only if prior authorization is obtained.
For docketing, scheduling and calendar matters, call the contact listed above
during the hours specified.
D. Request for Adjournments or Extension of Time.
All requests for adjournments or extensions of time must be in writing and state
(1) the original date, (2) the number of previous requests for adjournment or extension, (3)
whether these previous requests were granted or denied, and (4) whether the adversary consents,
and, if not, the reasons given by the adversary for refusing to consent. If the requested
adjournment or extension affects any other scheduled dates, a proposed revised dates must be
provided. If the request is for an adjournment of a court appearance, absent an emergency, it
shall be made at least 48 hours prior to the scheduled appearance.
2. Motions
A. Pre-Motion Conference Requests in Civil Cases.
For discovery motions, follow Local Civil Rules 37.3 and 6.4. For motions other
than discovery motions, in all cases where the parties are represented by counsel, except
habeas corpus/prisoner petitions and Social Security and Bankruptcy appeals, a pre-motion
conference with the court must be requested before making any motions. Please note: The
purpose of a pre-motion conference is not to seek the Court’s permission to file the motion,
which the Court has no authority to refuse. Rather, it is to give the parties an informal
opportunity to familiarize the Court with the case and the proposed motion, and to discuss the
possibility of settlement.
To request a pre-motion conference, the moving party shall submit a letter not to
exceed three (3) pages in length setting forth the basis for the anticipated motion. All parties so
served may, but are not required to, serve and file a letter response, not to exceed three (3) pages
within seven (7) days from service of the notification letter. Service of the letter by the moving
party within the time requirements of Rule 12 of the Fed. R. Civ. P. shall constitute timely
service of a motion made pursuant to Fed. R. Civ. P. 12(b).
In many cases, it will be apparent from the letter requesting a pre-motion
conference that such a conference will not be useful expenditure of the parties’ time, and a
motion schedule will be set (or the parties will be directed to set one) without convening a pre-
motion conference.
Note that these provisions do not apply to motions other than those specifically
enumerated. For example, letters requesting pre-motion conferences do not apply to motions
pursuant to Fed. R. Civ. P. 50, 59 and 60, and counsel should be aware that the Court of Appeals
will not accept an argument that compliance with district court motion rules should excuse
noncompliance with Fed. R. App. P. 4. (Cite).
B. Courtesy Copies.
Courtesy copies of all motion papers are not required.
C. Memoranda of Law.
Unless prior permission has been granted, memoranda of law in support of and in
opposition to motions are limited to 25 pages, and reply memoranda are limited to 10 pages.
Memoranda of 10 pages or more shall contain a table of contents.
D. Filing of Motion Papers.
No motions papers shall be filed until the motion has been fully briefed. The
notice of motion and all supporting papers are to be served on the other parties along with a
cover letter setting forth whom the movant represent and the papers being served. A copy of the
cover letter only is to be electronically filed.
The parties are to agree on a briefing schedule. Any changes in the briefing
schedule shall be worked out by counsel, and counsel shall then file a letter with the Court
indicating the revised dates. No court approval as to the new dates is needed.
The moving party shall be responsible for filing all motion papers via ECF.
E. Oral Argument on Motions.
The parties may request oral argument by letter at the time they file their fully
briefed motion. The court will determine whether oral argument will be heard and, if so, will
advise counsel of the argument date and time.
3. Pretrial Procedures
A. Joint Pretrial Orders in Civil Cases.
The Court will determine at the initial pre-trial conference if a joint pre-trial order
is needed. If the Court determines a joint pre-trial order is needed, then the joint pretrial order
shall include the following:
i. The full caption of the action.
ii. The names, addresses (including firm names), and telephone and fax
numbers of trial counsel.
iii. A brief statement by plaintiff as to the basis of 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.
iv. A brief summary by each party of the claims and defenses that party has
asserted which remain to be tried, without recital of evidentiary matter but including citations to
all statutes relied on. Such summaries shall identify all claims and defenses previously asserted
which are not to be tried.
v. 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.
vi. A statement as to whether or not all parties have consented to trial of the
case by a magistrate judge (without identifying which parties have or have not so consented).
vii. Any stipulations or agreed statements of fact or law which have been
agreed to by all parties.
viii. A list by each party as to the fact and expert witnesses whose testimony is
to be offered in its case in chief, indicting whether such witnesses will testify in person or by
deposition. Only listed witnesses will be permitted to testify except when prompt notice has
been given and good cause shown.
ix. 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.
x. (1) A statement of stipulated facts, if any;
(2) A list by each party of exhibits to be offered in its case in chief. The parties’ lists are
intended as an aid for the Court in trial management, not as a compendium of every piece of
evidence that might become relevant as the trial unfolds. Accordingly, the parties’ lists are to
reflect only the witnesses and exhibits that they expect to present to the jury, with the
understanding that there is no prejudice to their ability to seek admission of other evidence if
warranted. The parties shall then fill out and exchange their lists and file their final lists at least 1
week trial. The parties shall note any substantive objections to an exhibit with an astrid. The
Court expects authentication and other foundational issues to be resolved before trial without the
need for judicial involvement. Any exhibits without a star will be deemed admitted into
evidence at the start of the trial. Parties are expected to resolve before trial all issues of
authenticity, chain of custody and related grounds. Merit less objections based on these grounds
may result in the imposition of sanctions. Only exhibits listed will be received in evidence
except for good cause shown; and
(3) All exhibits must be pre-marked for the trial and exchanged with
the other parties at least ten days before trial. Where exhibits are voluminous, they should be
placed in binders with tabs. The Court needs no copies of any exhibits.
B. Filings Prior to Trial in Civil Cases.
Unless otherwise ordered by the Court, each party shall file 15 days before the
date of commencement of trial if such a date has been fixed, or 30 days after the filing of the
final pretrial order if no trial date has been fixed;
i. On the Thursday before trial in jury cases, requests to charge and proposed
voir dire questions. Requests to charge should be limited to the elements of the claims, the
damages sought and defenses. General instructions will be prepared by the court.
ii. By claim, a detailed statement regarding damages and other relief sought;
iii. In non-jury cases, a statement of the elements of each claim or defense
involving such party, together with a summary of the facts relied upon to establish each element;
iv. In all cases, motions addressing any evidentiary or other issues which
should be resolved in limine; and
v. In any case where such party believes it would be useful, a pretrial
memorandum.
