Hon. Arlene R. Lindsay — Individual Rules of Practice

4/2026

Individual Practices of

Magistrate Judge Arlene R. Lindsay

Long Island Federal Courthouse

814 Federal Plaza

Central Islip, New York 11722-4451

Telephone: (631) 712-5730

Contact: Criminal Matters: Robert Imrie at (631) 712-5734

Civil Matters: Law Clerks at (631) 712-5730

Unless otherwise ordered by the judge in a specific case, matters before Judge Lindsay

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 and with service on

all parties indicated on the letter. Copies of correspondence between counsel

shall not be sent to the Court. Letters are not to exceed three (3) pages in length.

B. Telephone Calls. Telephone calls to chambers are permitted. Call Robert

Imrie, for questions on criminal cases or to schedule criminal matters. For all

other questions call (631) 712-5730.

C. Faxes. Faxes to chambers are not permitted unless prior authorization is

obtained. When an authorized fax has been sent, do not also send a copy by

mail. Papers faxed to chambers must also be faxed to all other parties.

D. Requests for Adjournments or Extensions of Time. All requests for

adjournments or extensions of time shall be made at least 48 hours prior to the

scheduled appearance or deadline, absent an emergency. Such letter applications

must state the reason for the adjournment or extension, whether all parties

consent and, where appropriate, a proposed amended pre-trial scheduling order

or an indication of when the parties are available.

2. Motions

A. Discovery Motions and Other Non-Dispositive Motions.

Discovery motions and other non-dispositive motions may be made

pursuant to Local Rule 7.1 or by a letter motion, not exceeding three (3)

pages in length, which succinctly describes the discovery problem and the

relief sought. The parties are not required to request a premotion

discovery conference with the court prior to submitting a letter motion. A

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letter opposing the motion, not exceeding three (3) pages in length, may be

submitted within four (4) business days of receipt of the letter motion.

Replies are not permitted absent permission from the Court. The parties

are advised that they must attempt to resolve disputes by conferring in

good faith with their adversary. The Court interprets good faith to be in-

person contact either by telephone or in person.

B. Dispositive Motions.

Dispositive motions must be made to the presiding District Judge in

accordance with his or her individual rules unless the parties have

consented to Magistrate Judge Lindsay’s jurisdiction for all purpose.

C. General Motion Practices.

1. Service and Filing: Unless otherwise ordered by the court, motion

papers shall be filed in accordance with Local Rule 6.1. Absent

extraordinary circumstances no extensions will be granted.

2. Memorandum of Law: Unless prior permission has been granted,

memoranda of law in support of and in opposition to motions are

limited to 20 pages, and reply memoranda are limited to 10 pages.

Memoranda of 10 pages or more shall contain a table of contents.

3. Artificial Intelligence (“AI”) Provision

Consistent with Rule 11(b) of the Federal Rules of Civil Procedure, and

the certifications required thereunder, any attorney for a party, or any

pro se party, who has used AI in the preparation of any documents filed

with the Court must disclose that AI has been used and must further

certify in the document that the person has checked the accuracy of any

portion of the document drafted by generative AI, including all citations

and legal authority.

4. Courtesy copies of all motion papers to be decided by Magistrate Judge

Lindsay shall be provided to the Court upon filing of the motion,

opposition, and reply briefs. Do not provide Magistrate Judge Lindsay

with courtesy copies of dispositive motions made to the presiding

District Judge.

5. A statement must be included on the cover of the moving, opposition, or

reply papers as to whether oral argument is requested. If any party

requests oral argument, the Court will notify the parties as to the date

and time of such argument.

6. Should the non-movant seek to make a cross-motion, the cross-motion

must follow the same procedures utilized for making the motion.

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7. Motion papers are not to be filed until the motion is fully briefed

“Bundle Rule”.

8. Motions not in conformity with these individual practices will

be returned.

D. Motions for Summary Judgment in Cases Before Magistrate Judge Lindsay

for All Purposes.

1. Any party wishing to make a motion for summary judgment must first

serve upon all parties a statement pursuant to Local Civil Rule 56.1

("Rule 56.1") setting forth those items about which there is no material

issue of fact. Each statement of material fact must be followed by a

citation to evidence which would be admissible, as set forth and required

by Rule 56(e) of the Federal Rules of Civil Procedure. All parties

receiving such a Rule 56.1 statement and wishing to oppose the motion

must serve on the movant, within seven (7) business days of receiving the

movant's Rule 56.1 statement, an original and two copies of a

counter-statement pursuant to Rule 56.1 setting forth those items about

which there exists a genuine issue of material fact. Again, a statement of

material fact must be followed by a citation to evidence which would be

admissible, as set forth and required by Rule 56(e) of the Federal Rules

of Civil Procedure.

2. After receiving the counter-statement pursuant to Rule 56, should the

movant still wish to move for summary judgment, the movant is directed

to write to the Court and request a pre-motion conference. In no more

than two (2) pages, the letter should briefly state the basis for the

anticipated motion. The letter shall also contain a copy of the Rule 56

statement and the non-movant's counter-statement. The pre-motion

conference date will be set by the Court.

3. Adherence to Rule 56.1 is required. A pre-motion conference will not

be held until such time that the parties are in compliance with Rule 56.1.

4. At the pre-motion conference, if the movant decides to make a motion

for summary judgment, a briefing schedule will be established by the

Court in accordance with the General Motion Practices stated above.

E. Motions for Admission Pro Hac Vice.

A motion for admission pro hac vice, together with a proposed Order

admitting the attorney pro hac vice, shall be served and filed at least seven

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(7) business days prior to the return date designated in the notice of

motion. Although there is no need to file a memorandum of law, this

motion must comply with the Rules of the Eastern District of New York

for admission pro hac vice. These motions shall be on submission.

Should any party object to the motion, opposition papers must be served

and filed at least two (2) business days prior to the return date. No reply

papers are permitted.

F. Social Security Appeals.

1. Briefing Schedule, Filing, and Courtesy Copies:

a. Briefing Schedule: For all cases filed on or after December 1,

2022, the parties shall comply with the procedures set

forth in Administrative Order 2023-06 ("In re: Briefing of

Social Security Cases") ("AO").

b.

Filing: No motion papers shall be filed until the motion has

been fully briefed. That is, the parties shall serve each other

with moving papers, opposition papers and reply, if any.

Once motion is fully briefed (all papers served), then the

movant(s) shall electronically file the entire set of motion

papers along with the stipulations of fact, and the

Administrative Record.

c. Courtesy Copies: After filing, the movant(s) shall mail to

Chambers one hard copy of all motion papers, and

stipulations of fact marked as "Courtesy Copy." Defendant

shall mail to Chambers one hard copy of the Administrative

Record. In all cases in which the plaintiff is represented by

counsel, the parties are to electronically transmit a

Microsoft Word Document version of the stipulation of

facts to Chambers via the Chambers email.

2. Stipulation of Facts

a. In all cases in which Plaintiff is represented by counsel,

parties seeking or opposing judgment on the pleadings in

social security cases shall confer and prepare a stipulation

of facts with a chronology of medical treatment. The

stipulation of facts shall have two (2) parts, each containing

numbered paragraphs.

i. Part one shall set forth all relevant undisputed facts in

the administrative record, including information

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contained in the treatment and medical records, in

chronological order and with citations to the record.

ii. Part two shall set forth all relevant disputed facts.

Each numbered paragraph shall be followed by

short, and concise statements by the parties.

Plaintiff must state its contentions as to the alleged

legal errors in the Secretary's determination and/or

the specific findings of the decision of the

Administrative Law Judge ("ALJ") that plaintiff

contends is not supported by substantial evidence.

Failure to submit such a statement may constitute

grounds for denial of the motion, and failure to identify a

legal error or finding unsupported by substantial

evidence may be deemed a waiver of such argument

Defendant shall include responsive statements to each of

Plaintiff's contentions. The failure to include such an

opposing statement may result in the striking of the

opposition to the motion.

b. Each contention by the movant and opponent made

pursuant to this rule must be followed by citations to the

administrative record, identifying evidence supporting

and/or rebutting each said contention.

By way of example, if Plaintiff contends that the ALJ failed

to properly assess Plaintiff's residual functional capacity,

Plaintiff's Statement of Contentions should identify with

particularity the aspects of Plaintiff's purported disability

which were disregarded by the ALJ along with specific

page citations identifying evidence supporting this claim.

Defendant, in turn, in its Opposing Statements should

provide citations identifying the evidence which it believes

the ALJ properly relied upon in reaching a determination as

to those specific findings.

3. Pretrial Procedures in cases before Magistrate Judge Lindsay for all Purposes.

A. Joint Pretrial Orders. On or before the date set forth in the Scheduling Order,

the parties shall submit to the Court for its approval a joint pretrial order, which

shall include the following:

i. The full caption of the action.

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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. Any stipulations or agreed statements of fact or law which have

been agreed to by all parties.

vii. A list of the names and addresses of all witnesses, including possible

witnesses who will be called only for impeachment or rebuttal purposes

and so designated, together with a brief narrative statement of the

expected testimony of each witness. Only listed witnesses will be

permitted to testify except when prompt notice has been given and

good cause shown.

viii. 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.

ix. A list by each party of exhibits to be offered in its case in chief. Any

party objecting to an exhibit must list their objection and the grounds.

The Parties are advised that failure to timely and fully submit could lead to

rescheduling of trial date.

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:

i. 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

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the court.

ii. By claim, a proposed verdict sheet;

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. Motions in limine; and

v. In any case where such party believes it would be useful, a

pretrial memorandum.

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