JUDGE LASHANN DEARCY HALL
United States District Court
Eastern District of New York
225 Cadman Plaza East
Brooklyn, New York 11201
Courtroom: 4H North
INDIVIDUAL PRACTICES
Unless otherwise ordered, matters before Judge DeArcy Hall must be conducted in accordance
with the following practices:
I. COMMUNICATIONS WITH CHAMBERS
A. Written Communications with Chambers
Except in emergency situations requiring immediate attention, all
communications with Chambers must be by ECF letter, with copies
simultaneously delivered to all parties who do not receive ECF notifications.
Except where annexed to pleadings or motion papers, copies of correspondence
between or among counsel shall not be sent to Chambers.
B. Telephone Calls
Telephone calls to Chambers are not permitted.
C. Emails
Except as required by Section II.C, regarding the provision of word processing
files for certain submissions, emails to Chambers
(
[email protected]) are permitted only in emergency
situations and with prior authorization by the Court. Parties submitting an email
to Chambers must file any such document via ECF, with copies simultaneously
delivered to all parties who do not receive automatic notifications through ECF.
D. Docketing, Scheduling, and Calendar Matters
For docketing, scheduling, and calendar matters, call Courtroom Deputy
Catherine Greenidge at (718) 613-2105.
E. Requests for Adjournments or Extensions of Time
1. Absent an emergency, all requests for adjournments or extensions of time
must be made at least two (2) business days prior to a scheduled deadline
or appearance.
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2. All requests for adjournments or extensions of time must be filed via ECF,
and must state:
a) the original date;
b) the reason for the request;
c) the number of previous requests for adjournments or extensions of
time;
d) whether these previous requests were granted or denied;
e) whether the adversary consents, and, if not, the reason given by the
adversary for refusing to consent; and
f) whether the adjournment or extension of time affects any other
scheduled dates. If so, the party must provide a proposed Revised
Scheduling Order.
3. At the time of filing a request for adjournment or extension of time, parties
must email Chambers to notify the Court of the request with the subject
line “ADJOURNMENT REQUEST: [Docket No]”.
II. ELECTRONIC CASE FILING (ECF)
A. Mandatory ECF Filing
1. Counsel must file all documents via ECF. Orders and other notices from
the Court will be posted via ECF; parties not registered for ECF will not
receive them.
2. Pro se parties are exempt from mandatory ECF filing. However, parties
represented by counsel in pro se cases must file documents via ECF and
serve copies on the pro se litigant(s).
3. Parties filing non-text exhibits that are impractical to file electronically
should submit an electronic version on a compact disc to the Clerk’s
Office (labeled “Original”) and to Chambers (labeled “Courtesy Copy”).
Related papers filed via ECF must clearly indicate the manner in which
the exhibits were filed.
B. Sealing of Submissions
Motions for leave to file documents under seal should be filed via ECF in
accordance with the EDNY’s instructions for filing sealed documents. The
proposed sealed document(s) should be attached to the motion for leave to file
under seal. Instructions for filing sealed documents in civil cases are at
https://img.nyed.uscourts.gov/files/forms/EfilingSealedCV.pdf; instructions for
filing sealed documents in criminal cases are at
https://img.nyed.uscourts.gov/files/forms/EfilingSealedCR.pdf.
C. Word Processing Files of Certain Submissions
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1. Proposed orders, jury instructions, and other submissions for adoption by
the Court must be emailed to Chambers in word processing format, as well
as filed via ECF in PDF format. The Court prefers to receive documents
as Microsoft Word files, but Corel WordPerfect files are acceptable.
Parties need not submit word processing files of stipulations unless
specifically requested to do so.
2. Parties may submit word processing files pursuant to this Section via
email without seeking prior authorization. Parties may also submit word
processing files via compact disc, but the Court prefers to receive word
processing files via email.
D. Courtesy Copies
1. Parties should not submit hard copies of the following submissions:
a) submissions fewer than 25 pages (inclusive of any exhibits or
attachments), except as required by Section III.B.2 (regarding the
submission of courtesy copies during motion briefing);
b) pleadings as defined by Fed. R. Civ. P. 7(a); and
c) motions, letters, or other filings directed to the magistrate judge
assigned to the matter.
2. Except as provided above, courtesy copies of all electronically filed
submissions must be provided to Chambers.
3. Courtesy copies must comply with the following requirements:
a) All courtesy copies must be clearly marked “Courtesy Copy.”
Except when submitted in accordance with Section III.B.2 below,
regarding the contemporaneous submission of courtesy copies
during motion briefing, all courtesy copies must include the stamp
generated when a document is filed via ECF (including the
document number as listed on the docket).
b) When providing courtesy copies to Chambers, all documents
comprising a submission (ie: memorandum, declarations, exhibits,
etc.) must be contained in a single three-ring binder with
appropriately labeled tabs. For example, all exhibits must be
identified and separated by corresponding numbered or lettered
tabs. Binders must be appropriately sized for their contents—0.5,
1, 1.5, or 2 inches—but must not exceed 2 inches. If a single 2-
inch binder cannot accommodate all documents comprising a
submission, exhibits and any corresponding declarations must be
submitted to Chambers via compact disc containing separate and
appropriately named PDF files for each exhibit.
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c) Binder covers and spines must identify the case name, docket
number, and the binder’s contents. Parties are strongly encouraged
to print on both sides of the page.
d) Parties proceeding pro se are exempt from these requirements, but
should make every effort to clearly mark exhibits and present well-
organized papers.
III. CIVIL MOTIONS
A. Pre-Motion Conferences
1. Except habeas corpus/prisoner petitions, Social Security appeals,
bankruptcy appeals, and post-trial motions, parties must request a pre-
motion conference with the Court before making:
a) any motion pursuant to Rule 12 or 56;
b) any motion for a change of venue; or
c) any motion to amend a pleading pursuant to Rule 15 where leave
of the Court is required.
2. The provisions of this Section do not apply to motions other than those
specifically enumerated. For example, letters requesting pre-motion
conferences are not required for motions pursuant to Rule 50, 59, or 60.
3. To request a pre-motion conference, moving parties must file and serve a
letter not to exceed three (3) pages stating the basis for the motion.
Service of a pre-motion letter by the moving party within the time
requirements of Rule 12 shall constitute timely service of a motion made
pursuant to Rule 12(b)
4. The purpose of pre-motion letters is to aid the Court by providing a
synopsis of the arguments to be set forth in any motion or opposition. Pre-
motion letters and responses must contain sufficient legal authority to
serve this purpose.
5. Except as provided in Section III.A.6 below, regarding motions for
summary judgment, within five (5) business days from service of a pre-
motion letter, the non-movant must file a letter response not to exceed
three (3) pages either opposing the motion or advising the Court that it
does not intend to oppose the motion.
6. Motions for Summary Judgment
a) Unless otherwise ordered by the Court, the deadline to submit a
pre-motion letter for a motion pursuant to Rule 56 shall be fifteen
(15) business days after the close of discovery.
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b) Pre-motion conference requests regarding an intended motion for
summary judgment must be accompanied by a statement pursuant
to Local Civil Rule 56.1.
c) Parties shall have fifteen (15) business days from service of a pre-
motion letter and accompanying 56.1 statement to respond to each.
d) Parties shall have ten (10) business days from receipt of an
opposing 56.1 statement to file a reply 56.1 statement. No reply
letter shall be permitted.
e) Except for pro se parties, a party’s opposition to an opening 56.1
statement must quote, verbatim, the opening 56.1 statement,
including all citations, and respond to the moving party’s
statements of fact immediately beneath each statement. If an
opposing party chooses to include additional materials facts
alleged to be in dispute, they must do so in a separately titled but
consecutively numbered section.
f) A moving party’s reply 56.1 statement must quote, verbatim, the
opposing party’s 56.1 statement, including all citations. A moving
party’s reply statement may only respond to the opposing party’s
statement of additional material facts and must do so by stating the
moving party’s response immediately beneath each statement of
additional material fact. Reply statements may not introduce any
new material facts.
g) Each paragraph in a 56.1 statement must contain an assertion of a
material undisputed fact, not a description of evidence. For
example, “John Smith testified at deposition that he crossed the
street” is not a statement of fact. The statement of fact is “John
Smith crossed the street.”
h) No statement of fact should be included in a 56.1 statement unless
it can be established by direct evidence. Factual contentions that
parties believe are undisputed by circumstantial evidence should be
argued in memoranda.
i) Any evidence cited in a party’s 56.1 statement must be attached as
an exhibit to a declaration and filed along with a party’s 56.1
statement.
j) No procedural history should be included in a 56.1 statement
unless relevant to the motion (for example, if the motion raises a
statute of limitations issue).
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k) Supplements to a 56.1 statement are not permitted absent just
cause and leave of the Court.
l) The 56.1 statements submitted in connection with the pre-motion
conference shall be relied upon by the Court in considering any
motion for summary judgment. Accordingly, material facts in any
pre-motion letter or memorandum of law in connection with a
motion for summary judgment must cite to relevant paragraphs of
56.1 statements.
B. Filing of Motion Papers
1. The Court will order briefing schedules for motions identified in Section
III.A.1, above. Parties should anticipate a schedule that will require the
service of their motion within a short time after the pre-motion conference
(usually two weeks). Parties may not serve motion papers before the
Court enters a briefing schedule. No changes in a briefing schedule may
be made without the Court’s approval.
2. As a courtesy, the Court requests that parties refrain from filing motion
papers until a motion is fully briefed. This request does not apply to
motions made pursuant to Rule 50, 59, or 60. If parties elect to file their
motion papers only after a motion is fully briefed, the notice of motion and
all supporting papers must be served on the other parties in accordance
with the Court’s approved briefing schedule. All motion papers must be
served with a cover letter stating whom the serving party represents and
the papers being served.
3. If parties elect to file motion papers only after a motion is fully briefed,
the moving party will be responsible for filing the full set of papers via
ECF and for providing the Court with a courtesy copy, in accordance with
Section II.D, of the fully briefed motion as soon as practicable after filing.
C. Memoranda of Law
1. Unless prior permission is granted, memoranda in support of and in
opposition to motions are limited to 25 pages (exclusive of tables of
contents, tables of authorities, appendices, and attachments). Reply
memoranda are limited to ten (10) pages (exclusive of tables of contents,
tables of authorities, appendices, and attachments). Memoranda in support
of or in opposition to motions for reconsideration, however, are limited to
five (5) pages.
2. Requests to file memoranda exceeding the page limits set forth herein
must clearly state the basis for the request and will only be granted for
good cause shown. Any such requests must be made in writing at least
five (5) business days prior to the relevant memorandum’s due date,
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except with respect to reply briefs, in which case the request must be made
at least one (1) day prior to the due date.
3. Memoranda must be double-spaced with one-inch margins. Use Times
New Roman, 12-point font, with footnotes that are at least 10-point font.
Condensing or kerning of character spacing is not permitted.
4. Memoranda must have the date of service plainly visible on the front
cover.
5. Memoranda must contain a table of contents and a table of authorities.
6. Memoranda must be filed with all exhibits cited therein, regardless of
whether any such exhibits have already been submitted to the Court in a
prior filing.
7. Letter briefs are not permitted.
8. Summary-judgment memoranda must cite to both a Rule 56.1 statement
and the evidence cited in the applicable Rule 56.1 statement.
D. Oral Argument
1. Parties may request oral argument by noting “Oral Argument Requested”
in the top right corner of the cover page of either a notice of motion or
opposing memorandum.
2. Parties receiving ECF notification of the Court’s decision on oral
argument are responsible for informing pro se parties of the Court’s
decision.
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IV. CIVIL PRETRIAL PROCEDURES
A. Appeals of Discovery Determinations by Magistrate Judges
Timing: Unless otherwise ordered by the Court, any appeal of a Magistrate Judge’s
discovery determination must be served upon all parties and filed with the Court
within fourteen (14) days of the challenged determination. Any party opposing such
appeal shall file its opposition, if any, within fourteen (14) days of service of any
appeal. Parties are not permitted a reply as of right. Should the Court desire a reply
letter or additional briefing, the Court shall inform the parties.
Format: Any appeal of a Magistrate Judge’s discovery determination must be in the
form of a letter not exceeding three (3) pages in length. Such letter must set forth the
specific aspects of the Magistrate Judge’s determination that are being challenged.
B. Joint Pretrial Orders
Timing of Joint Pretrial Order: Unless otherwise ordered by the Court, in the
absence of a motion for summary judgment, joint pretrial orders must be
submitted within thirty (30) days after the date for completion of discovery, for
the Court’s approval. If a party moves for summary judgment, the Court will set
the joint pretrial order deadline at the time it rules on the motion. Parties should
anticipate the deadline to be set for three weeks after the Court’s ruling.
Contents of Joint Pretrial Order: Joint pretrial orders must comply with the
requirements of Section III.C.3, specifying the proper formatting for memoranda,
and must include the following information:
1. Caption: the full caption of the action;
2. Parties and Counsel: the names of the parties and their counsel, including
firm names, addresses, telephone, and trial counsel’s fax numbers;
3. Jurisdiction: 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 must include
citations to all statutes relied on and relevant facts as to citizenship and
jurisdictional amount;
4. Claims and Defenses: a brief summary by each party of the elements of
the claims and defenses that party asserted that remain to be tried, without
recital of evidentiary matter, and including citations to all statutes relied
on – the parties waive all claims and defenses not set forth in the joint
pretrial order;
5. Damages: a detailed statement regarding damages and other relief sought
for each claim;
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6. Jury or Bench Trial: a statement by each party as to whether the case is to
be tried with a jury and a single statement of the number of trial days
needed;
7. Consent to Trial by a Magistrate Judge: a statement as to whether all
parties consent to trial by a magistrate judge (without identifying which
parties have or have not so consented);
8. Stipulations: any stipulations or statements of fact or law that have been
agreed to by all parties;
9. Witnesses: a list of the names and addresses of all witnesses, including
impeachment or rebuttal witnesses, together with a brief statement of the
expected testimony of each witness, and a brief description of the bases
for and responses to any objections to a witness – only witnesses listed in
the joint pretrial order will be permitted to testify except when prompt
notice of any additional witness is given and good cause shown;
10. Deposition Designation: 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 Court strongly encourages the
parties to resolve all objections without the Court’s intervention;
11. Exhibits and Objections: a schedule listing exhibits to be offered in
evidence and, if not admitted by stipulation, the parties offering them.
The schedule will also include possible impeachment documents and/or
exhibits, as well as exhibits that will be offered only on rebuttal. Parties
will list and briefly describe the basis for any objections they have to the
admissibility of any exhibits offered by any other party, as well responses
to objections other parties have stated as to the admissibility of documents
they offer. The Court strongly encourages the parties to resolve all
objections without the Court’s intervention. Parties are expected to
resolve before trial all issues of authenticity, chain of custody, and related
grounds. Meritless objections based on these grounds may result in the
imposition of sanctions. Except for good cause shown, only exhibits listed
in the joint pretrial order will be received in evidence.
C. Pretrial Filings
1. Motions in Limine: Unless otherwise ordered by the Court, 25 business
days before the commencement of trial, parties must file motions
addressing evidentiary or other trial-related issues that should be resolved
in limine. All motions in limine must be in a single submission in
accordance with the requirements of Section III.C, specifying the proper
formatting for memoranda. Extension of the page limit set forth in
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Section III.C.1 may be granted only for good cause shown. Responses, if
any, will be due five (5) business days later. Replies to motions in limine
are not permitted. Oral argument, if necessary, shall be scheduled at the
convenience of the Court.
2. Unless otherwise ordered by the Court, 20 business days before the
commencement of trial, parties must file:
a) Memoranda: pretrial memoranda if required by the Court;
b) Jury Materials: voir dire questions, jury instructions, and verdict
sheets – these materials must be filed via ECF, as well as
submitted in accordance with Section II.C’s specifications for the
provision of word processing files for certain submissions.
Requests to charge should be limited to elements of the claims, the
damages sought, and defenses. General instructions will be
prepared by the Court.
D. Final Pretrial Conference
1. Document Exchange: Prior to attending the pretrial conference on a date
to be scheduled by the Court, counsel must exchange copies of all
documents proposed to be used in evidence, and must be prepared to
discuss and have the Court rule on outstanding objections to exhibits.
2. Pretrial Conference: Counsel must attend the pretrial conference and be
prepared and authorized to stipulate for purposes of narrowing the issues
and proof and to discuss and conclude settlement.
E. Trial Exhibits
After the pretrial conference, and no later than the first day of trial, all parties
must provide the Court with tabbed binders containing copies of exhibits that
have been pre-marked in accordance with the pretrial order. Exhibit binders must
be appropriately sized for their contents, with no single binder exceeding two (2)
inches. Binder covers and spines must identify the case name, docket number,
and the binder’s contents. Parties are encouraged to print on both sides of the
page.
V. CIVIL POST-TRIAL PROCEDURES
In non-jury trials, parties must file proposed findings of fact and conclusions of law no
later than ten (10) business days after the conclusion of trial. Responses to such
submissions are not permitted.
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VI. CRIMINAL MOTIONS
A. Pre-Motion Conferences
1. Counsel must advise the Court of any motions they want to file at a status
conference scheduled by the Court. If no status conference has been
scheduled, counsel must request a pre-motion conference in writing and
briefly state the grounds for any anticipated motion.
2. To arrange a pre-motion conference, the moving party must submit a
brief letter setting forth the basis for the anticipated motion. All parties
served may, but are not required to, serve and file a brief letter response
within five (5) business days from service of the notification letter.
B. Filing of Motion Papers
1. The Court will order briefing schedules for motions. Parties should
anticipate a schedule that will require the filing of their motion within a
short time after the pre-motion conference (usually two weeks). Parties
may not serve motion papers before the Court enters a briefing schedule.
No changes in a briefing schedule may be made without the Court’s
approval.
2. Courtesy copies of all motion papers and exhibits must be submitted to
Chambers in accordance with Section II.D’s specifications regarding
courtesy copies.
C. Memoranda of Law
1. Unless prior permission is granted, memoranda in support of and in
opposition to motions are limited to 25 pages, not including appendices or
attachments, and reply memoranda are limited to ten (10) pages, not
including appendices or attachments.
2. Requests to file memoranda exceeding the page limits set forth herein
must clearly state the basis for the request and will only be granted for
good cause shown. Any such requests must be made in writing five (5)
business days prior to the relevant memorandum’s due date, except with
respect to reply briefs, in which case the request must be made at least one
(1) day prior to the due date.
3. Memoranda must be double-spaced with one-inch margins. Use Times
New Roman, 12-point font, with footnotes that are at least 10-point font.
Condensing or kerning of character spacing is not permitted.
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4. All memoranda must have the date of service plainly visible on the front
cover.
5. All memoranda must contain a table of contents and a table of authorities.
6. Memoranda must be filed with all exhibits cited therein, regardless of
whether any such exhibits have already been submitted to the Court in a
prior filing.
7. Letter briefs are not permitted.
D. Oral Argument
Unless otherwise directed by the Court, oral argument will be held on all motions.
Notice of motions must state the date and time of oral argument if the Court has
already provided one. Otherwise, they must state that oral argument will be “on a
date and at a time to be designated by the Court.”
E. Sentencing Motions
1. The Government’s sentencing memorandum, if any, is due at least twelve
(12) business days prior to sentencing. The defendant’s response, if any,
is due five (5) business days later.
2. Applications regarding sentencing adjournments must be made in writing
by defense counsel at least five (5) business days prior to the date of
sentencing. Extensions for this deadline may be granted for good cause
shown. The Government’s response, if any, must be no longer than three
(3) pages and must be made in writing at least two (2) business days later.
3. Violation of Supervised Release: The Court will not accept a guilty plea
on a violation of supervised release without 24 hours’ notice of the intent
to plead, which must specify the violations as to which the defendant
intends to plead guilty.
VII. CRIMINAL PRETRIAL PROCEDURES
A. Pretrial Filings
Unless otherwise directed by the Court, the following procedures must be
followed:
1. Motions in Limine: Unless otherwise ordered by the Court, no later than
thirty (30) business days before the commencement of jury selection,
parties must file motions addressing evidentiary or other trial-related
issues that should be resolved in limine. All motions in limine must be in
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a single submission in accordance with the requirements of Section III.C,
specifying the proper formatting for memoranda. Extension of the page
limit set forth in Section III.C.1 may be granted only for good cause
shown. Responses, if any, will be due ten (10) business days later.
Replies to motions in limine are not permitted. Oral argument, if
necessary, shall be scheduled at the convenience of the Court.
2. Jury Materials: Jury materials shall include proposed voir dire questions,
jury instructions, and verdict sheets. Jury materials must be filed ten (10)
business days before the commencement of jury selection. In addition to
filing jury materials via ECF, parties must submit them in accordance with
Section II.C’s specifications for the provision of word processing files for
certain submissions.
3. Witnesses: A list of all potential witnesses and any other individuals and
entities that may be mentioned at trial must be filed at least ten (10)
business days before jury selection.
B. Final Pretrial Conference
1. Document Exchange: Prior to attending the pretrial conference on a date
to be scheduled by the Court, counsel must exchange copies of all
documents proposed to be used in evidence, and must be prepared to
discuss and have the Court rule on objections to exhibits.
2. Pretrial Conference: Counsel must attend the pretrial conference and be
prepared and authorized to stipulate for purposes of narrowing the issues
and proof.
C. Trial Exhibits
After the pretrial conference, and no later than the first day of trial, all parties
must provide the Court with tabbed binders containing copies of exhibits that
have been pre-marked in accordance with the pretrial order. Exhibit binders must
be appropriately sized for their contents, with no single binder exceeding two (2)
inches. Binder covers and spines must identify the case name, docket number,
and a description of the binder’s contents. Parties are encouraged to print on both
sides of the page.
VIII. CRIMINAL POST TRIAL PROCEDURES
In non-jury trials, parties must file proposed findings of fact and conclusions of law no
later than ten (10) business days after the conclusion of trial. Responses to such
submissions are not permitted.
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