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Judges' Info
Magistrate Judges
Hon. Jeremiah J. McCarthy
Hon. Jeremiah J. McCarthy
United States Magistrate Judge
Robert H. Jackson United States Courthouse
2 Niagara Square
Buffalo, NY 14202
(716) 551-1880
Staff Information
Courtroom Deputy Clerk: Jennifer Vernen (716) 551-1886
Law Clerks: Joanna Dickinson (716) 551-1884
Eric T. Glynn (716) 551-1881
Judge Tabs
Motions
Motions:
Judge McCarthy accepts letter motions seeking adjournments or extensions of time where the parties unanimously consent to that relief. All other types of motions shall comply with L.R. Civ. P. 7. For letter motions seeking to modify Case Management Order deadlines, the parties remain obligated to demonstrate "good cause," as required by Fed. R. Civ. P. 16(b)(4).
Unless previously provided with a date by the court, motions shall not contain return dates. Courtesy copies of all motion papers shall be provided to chambers and include the headers generated upon filing with CM/ECF. Oral argument will be scheduled by the court if deemed necessary or requested by one of the parties. If a motion is not decided within 60 days of the time it is fully submitted, the parties are encouraged to bring this to the Court’s attention.
Adjournments and Enlargements of Time
Adjournments and Enlargements of Time:
All such requests shall indicate whether the motion is on consent, set forth good cause for the request, and indicate the number of prior adjournments/extensions. If seeking to extend a criminal appearance or deadline, such request shall also address the exclusion of time from the Speedy Trial Act calendar. Parties shall also provide proposed deadlines or dates/times that are mutually agreeable to all parties.
Discovery Disputes
Discovery Disputes:
If discovery disputes arise, the parties shall briefly outline the dispute by letter (not to exceed four single-spaced pages) e-mailed to chambers and opposing counsel (or mailed/e-mailed to unrepresented parties). Upon review of the letter, I will either schedule a conference with the parties to attempt to resolve the issue informally, or, if the issues in dispute are beyond what can productively be addressed in an informal discovery conference, I will set a deadline for an appropriate motion. If a discovery conference is scheduled and the dispute is not resolved informally, the parties will be given the opportunity to file a formal motion. Since the informal discovery dispute resolution process is not expedited motion practice, parties do not waive arguments by failing to raise them in their informal submissions. However, utilizing this informal discovery process does not act to automatically toll proceedings, including Case Management Order deadlines, discovery deadlines, or scheduled depositions or inspections. For any disputes that require prompt attention, the parties should proceed by motion.
Submissions to Chambers
Submissions to Chambers :
Judge McCarthy accepts letter submissions via mail or e-mail only, not by fax. Any e-mail submissions should be sent to
[email protected].
Participation by Telephone
Participation by Telephone:
IIn civil matters, parties may generally participate via telephone upon advance notice to chambers unless the proceeding involves taking testimony, requires the exchange of documents, or otherwise ordered by the court. Those electing to participate by telephone shall notify my chambers no later than 24 hours in advance of the conference, failing which it will be assumed that they will be attending in person. In criminal matters, the parties may participate via telephone upon advance approval by the court
.
When telephonic participation is permitted, the court will arrange a teleconference and provide the parties with the call-in information.
Junior Lawyers
Opportunities for More Junior Lawyers:
Due to the decline of trials, opportunities to train junior lawyers in courtroom skills have become increasingly rare. Accordingly, where junior lawyers are familiar with the matter under consideration, but are not experienced in arguing before a court, they should be encouraged to actively participate. In such circumstances, where it creates an opportunity for a junior lawyer to argue, the Court is amenable to permitting more than one lawyer to argue for one party.
Citations
Citations:
Judge McCarthy prefers (but does not require) the use of Westlaw citations to unreported cases or other electronically accessible legal authorities.
District Judges
Hon. Elizabeth A. Wolford, Chief Judge
Hon. Lawrence J. Vilardo
Hon. John L. Sinatra, Jr.
Hon. Meredith A. Vacca
Hon. Charles J. Siragusa
Hon. Richard J. Arcara
Hon. Frank P. Geraci, Jr.
Magistrate Judges
Hon. H. Kenneth Schroeder, Jr.
Hon. Jeremiah J. McCarthy
Hon. Michael J. Roemer
Hon. Mark W. Pedersen
Hon. Colleen D. Holland
Hon. Leslie G. Foschio
Hon. Jonathan W. Feldman
Opinions/Decisions
