Hon. Brian M. Cogan — Individual Rules of Practice

June 2026

INDIVIDUAL PRACTICES OF

JUDGE BRIAN M. COGAN

United States District Court

Eastern District of New York

225 Cadman Plaza East

Brooklyn, NY 11201

Chambers: 718-613-2230

Fax: 718-613-2236

Unless otherwise ordered by Judge Cogan, matters before this Court shall be conducted in

accordance with the following practices:

I. Communications with Chambers

A. Docketing, Scheduling or Calendar Matters

Criminal and Civil Cases: Call Courtroom Deputy and Case Manager Tasha

Townsend at (718) 613-2235 between 9:30 a.m. and 4:30 p.m.

As to sentencing scheduling issues, refer to Section VI below.

To request an adjournment or extension of time, refer to subsection E below.

B. Letters

Except as provided below, communications with Chambers shall be by letter

electronically filed with the Court, with copies simultaneously delivered or mailed

to any pro se litigants. NO HARD COPIES OF LETTERS, INCLUDING

LETTERS REQUESTING EXTENSIONS OR ADJOURNMENTS, SHALL BE

DELIVERED TO CHAMBERS OR TO THE COURT.

Counsel must provide a brief description of the subject matter of the letter in the

ECF entry field, e.g., “Joint Letter in connection with Initial Status Conference,”

not simply, “Letter,” so that the docket remains intelligible.

Counsel shall not copy the Court on correspondence between and among them.

For letters concerning discovery disputes, refer to Section III.B.1. below.

C. Telephone calls

Telephone calls to Chambers as to scheduling matters or emergency matters only

are permitted between 9:30 a.m. and 4:30 p.m. Do not call Chambers with

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procedural questions that are covered by the Local Rules of this Court and the

Federal Rules of Civil or Criminal Procedure.

D. Faxes

Counsel should be aware that ECF filings are closely monitored 24/7, and are

likely to be reviewed more promptly than faxes. There should therefore be no

reason for faxes.

For attorneys who doubt this, faxes to Chambers are permitted only for urgent

matters, and only if copies are simultaneously faxed or delivered to all counsel.

Do not follow with a hard copy.

In no event are faxes longer than ten pages permitted without prior authorization.

E. Request for Adjournments or Extensions of Time in Civil Cases

1. All requests for adjournments or extensions of time must be by ECF letter only

(except for pro se litigants) and must state:

a. The original date;

b. The number of previous requests for adjournment or extension;

c. Whether these previous requests were granted or denied;

d. Whether the adversary consents, and, if not, the reasons by the applicant,

and by the adversary, for and against the relief requested; and

e. All other dates previously scheduled, including dates for conferences with

the Court, and a suggested modified schedule, agreed to by all other counsel; and

f. The grounds for the extension or adjournment. The consent of the adverse

party is not a sufficient ground for an extension or adjournment.

Absent an emergency, a request for adjournment of a court appearance must be

made in writing at least 48 hours prior to the scheduled appearance.

2. Discovery extensions in civil cases will not be granted based on an opponent’s

or non-party’s non-compliance with discovery obligations unless the movant

has exhausted, promptly upon the non-compliance, all legal remedies to obtain

compliance. Failure to timely request relief for a party’s non-compliance may

result in a waiver of the requested discovery.

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II. Electronic Case Filing (“ECF”)

A. All documents in civil actions shall be filed electronically. Orders will be posted

electronically, and parties not registered on ECF will not receive them.

B. All requests for relief from the Court, whether by letter or formal motion papers,

shall be designated as a “motion” on ECF. In addition, the ECF entry line must

designate the subject matter of the letter or motion, e.g., “letter motion requesting

extension of time to respond to interrogatories,” not simply “letter,” so that the

docket sheet for the case remains intelligible.

C. Pro se parties are exempt from mandatory ECF filing. However, (1) parties

represented by counsel must file documents electronically, even if that party’s

adversary is pro se; and (2) pro se parties who have filed consent to electronic

notification in any other form shall not receive notification in any other form. For

questions about filing and serving documents in cases in which one or more parties

are proceeding pro se, contact the Pro Se Office at 718-613-2665.

D. The filing of Affidavits of Service as to any papers other than the summons and

complaint is prohibited, except in pro se cases. Filing on ECF constitutes service of

papers other than the summons and complaint, although attorneys or pro se litigants

may wish to agree on additional service by mail or delivery as a mutual

accommodation.

E. State Court records in habeas corpus cases under 28 U.S.C. § 2254 must have each

portion plainly labeled on ECF, not simply listed as an “Exhibit,” in a manner

substantially similar to the following:

ANSWER to Complaint by John Lempke. (Attachments: # 1 Exhibit Hearing

Minutes I, # 2 Exhibit Hearing Minutes II, # 3 Exhibit Plea Minutes, # 4 Exhibit

Sentence Minutes, # 5 Exhibit Brief on Appeal, # 6 Exhibit Respondent Brief on

Appeal, # 7 Exhibit Pro Se Supplemental Brief, # 8 Exhibit Respondent Pro Se

Supplemental Brief, # 9 Exhibit Leave Letter, # 10 Exhibit Opposition to Leave

Letter, # 11 Exhibit Appellate Division Decision, # 12 Exhibit Court of Appeals

Decision)

or

STATE COURT RECORD (Attachments: # 1 Exhibit A Suppression Hearing,

# 2 Exhibit B1 Trial Jury Selection, # 3 Exhibit B2 Trial 1-207, # 4 Exhibit B3 Trial

208-390, # 5 Exhibit B4 Trial 391-518, # 6Exhibit C Sentencing, # 7 Exhibit D1

Direct Appeal Defendant's Brief, # 8 Exhibit D2 Direct Appeal People's Brief,

# 9 Exhibit D3 Direct Appeal AD Decision, # 10 Exhibit D4 Direct Appeal Leave

Appl, # 11 Exhibit D5 Direct Appeal Leave Opp, # 12 Exhibit D6 Direct Appeal

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Leave Denial, # 13 Exhibit E1 NY CPL 440 Motion, # 14 Exhibit E2 NY CPL 440

Opp, # 15 Exhibit E3 NY CPL 440 Reply, # 16Exhibit E4 NY CPL 440 Decision,

# 17 Exhibit E5 NY CPL 440 AD Leave Appl, # 18 Exhibit E6 NY CPL 440 AD

Leave Opp, # 19 Exhibit E7 NY CPL 440 AD Leave Denial, # 20 Exhibit E8 NY

CPL 440 NY CoA Leave Appl, # 21 Exhibit E9 NY CPL 440 NY CoA Leave Opp,

# 22 Exhibit E10 NY CPL 440 NY CoA Leave Dismissal).

The following format will be rejected and refiling required:

STATE COURT RECORD (Attachments: # 1 Exhibit State Court Record,

# 2 Exhibit State Court Record, # 3 Exhibit State Court Record, # 4 Exhibit State

Court Record, # 5 Exhibit State Court Record, # 6 Exhibit State Court Record,

# 7 Exhibit State Court Record, # 8 Exhibit State Court Record, # 9Exhibit State

Court Record, # 10 Exhibit State Court Record, # 11 Exhibit State Court Record)

F. For questions regarding ECF, call 718-613-2610. For technical assistance, call 718-

613-2290. Attorneys should also refer to the Court’s website:

https://www.nyed.uscourts.gov

III. Pleadings and Motions in Civil Cases

Motion Practices At A Glance

Motion Returnable: Any day the Court is open (counsel

should not appear)

Oral Argument: Note “Oral Argument Requested” in

the caption of Notice of Motion or the

opposing memorandum

Filing Rules: In accordance with ECF Filing System

Courtesy Copies: No

A. Amended Complaints

1. When filing an amended complaint, counsel must attach a redline (in

PDF form) indicating the differences between the previously-filed complaint and

the amended complaint.

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B. Pre-Motion Conferences

1. For discovery motions, counsel must first describe their disputes in a

single letter, jointly composed. Separate and successive letters will not be

reviewed. Strict adherence to Fed. R. Civ. P. 37(a)(1), the meet and confer rule, is

required, and should be described in the joint submission as to time, place and

duration, naming the counsel involved in the discussion.

2. For all other motions except (1) for provisional remedies,

reconsideration, and post-judgment relief, (2) motions in habeas corpus, social

security, and bankruptcy appeals, (3) motions for attorneys’ fees, (4) motions in

limine, (5) motions for sanctions, and (6) motions by non-parties or proposed

intervenors, a pre-motion conference is required before a party may file any

motion. Parties must request a pre-motion conference in writing by ECF. The

moving party shall submit a detailed letter not to exceed three pages in length

setting forth the basis for the anticipated motion and simultaneously serve the

request on all counsel. Parties so served shall serve and file a detailed letter

response, not to exceed three pages, within five days from service of the

notification letter, unless the Court directs otherwise.

3. Counsel attending the pre-motion conference must be thoroughly

familiar with the merits of their position regarding the proposed motion. The pre-

motion conference is often the only opportunity to orally argue the motion.

Counsel should also anticipate a schedule that will require the filing of their

motion within a short time after the conference (usually two weeks).

C. Motion Papers

Motion papers shall be filed promptly. Do not hold motion papers until all papers

are complete. In other words, the Court does not follow a “bundling rule.”

1. Unless prior permission has been granted, memoranda of law in support

of or in opposition to motions, if filed by an attorney or prepared with a computer,

may not exceed 8,750 words, and reply briefs may not exceed 3,500 words.

These limits do not include the caption, any index, table of contents, table of

authorities, signature blocks, or any required certificates, but do include material

contained in footnotes or endnotes. The briefs shall be double spaced, with Times

New Roman 12-point font and one-inch margins. All memoranda 10 pages or

longer shall contain a table of contents and table of authorities. Requests to file

memoranda exceeding the word count set forth herein must be made in writing

five days prior to the due date, except with respect to reply briefs, in which case

the written request must be made at least one day prior to the due date.

2. PDF documents submitted to the Court must be text-searchable.

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3. If filed by a party who is not represented by an attorney and handwritten

or prepared with a typewriter, briefs in support of and in response to a motion

may not exceed 25 pages, and reply briefs may not exceed 10 pages.

4. Affidavits or affirmations shall not be accepted on motions unless they

are confined to factual averments. Attorney’s affidavits or affirmations shall not

be accepted unless: (a) the facts addressed are within the personal knowledge of

the attorney, such as in a discovery dispute; or (b) the attorney is authenticating

documents and the attorney reasonably believes that authentication is not in issue.

Witness or party affidavits will not be accepted if they violate the Federal Rules

of Evidence, including those pertaining to hearsay, conclusions, and foundation.

Argument or case citations, whether from a witness, party, or attorney, contained

in affidavits or affirmations may result in rejection of the affidavit or affirmation

or striking of the offensive portions.

5. All exhibits to declarations, affidavits or affirmations must be separately

tabbed and indexed. Exhibits to declarations, affidavits or affirmations filed on

ECF must be described following this sample format below:

(Attachments: # 1 Rule 56.1 Statement in Support of Plaintiff's Motion for

Summary Judgment, # 2 Memorandum in Support of Plaintiff's Motion for

Summary Judgment, # 3 Declaration, # 4 Exhibit 1-Excerpts of deposition

transcript of John Doe dated 1-1-2024, # 5 Exhibit 2-Expert Report of Jane

Doe, # 6 Exhibit 3-Rebuttal Expert Report, # 7 Exhibit 4-Amended Expert

Report, # 8 Exhibit 5-Email from John Doe dated 1-1-2024.

To submit an audio, video, or other digital media file, follow the Eastern District’s

protocol: https://evidence.nyed.uscourts.gov/

6. Do not annex as exhibits copies of pleadings or other filings that already

appear on the docket.

7. On motions for summary judgment, do not attach complete deposition

transcripts as exhibits to affidavits or affirmations. Attach only pages containing

relevant testimony to which citation is made in the memoranda or affidavits.

However, any excerpted submissions must anticipate and comply with Federal

Rule of Evidence 106. In other words, do not distort the record by leaving out a

portion of the excerpt necessary for completeness.

8. Motions for summary judgment may be denied if the Local Rule 56.1

Statements do not conform with the following requirements in addition to those

set forth in the Local Rule:

(a) Except in pro se cases, the Local Rule 56.1 statement by a party

opposing summary judgment shall quote verbatim the moving party’s

Local Rule 56.1 statement, and shall respond to each allegation in the

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moving party’s statement immediately beneath each allegation. The

opposing statement also may, if necessary, include a separate section of

additional material facts alleged to be in dispute. The party opposing

summary judgment may obtain from the movant in electronic format a

word processing version of the Local Rule 56.1 statement to facilitate

compliance with this paragraph.

(b) Each paragraph in the Local Rule 56.1 statement shall 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.” If the statement of fact can only be characterized as “undisputed”

by including its source, then it is probably not undisputed.

(c) Do not point out the absence of evidence to support an opponent’s

position in a Local Rule 56.1 statement. Do it in the memorandum of law.

D. Do not state or summarize the claims, defenses, matters apparent on the docket sheet,

timetable, or history of the litigation in the Local Rule 56.1 statement. Just tell the

story of the events giving rise to the case through the undisputed facts. Memoranda

of law on a motion for summary judgment must cite not only to the Local Rule 56.1

statement, but the evidence cited in the applicable portion of the Local Rule 56.1

statement.

E. Parties may request oral argument by noting “Oral Argument Requested” in their

Notice of Motion or opposing memorandum. Motions shall be returnable on

weekdays at 9:30 a.m., but counsel should not appear in Court on the return date.

F. The Court will determine whether argument will be heard and, if so, will advise

counsel of the argument date. The likelihood of oral argument is increased if the

Court is advised by letter with the filing of the motion or opposition that the attorney

who will argue the motion or opposition has been admitted to the bar five years or

less.

IV. Motions in Criminal Cases

A. Any party appealing a Magistrate Judge’s Order of Release or Order of Detention

shall include a copy of the transcript before the Magistrate Judge with their motion.

B. Parties do not need to file a letter requesting a pre-motion conference before filing a

motion in criminal cases. Oral argument on all criminal motions will be heard on a

date set by the Court. The likelihood of oral argument is increased if the Court is

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advised by letter with the filing of the motion or opposition that the attorney who

will argue the motion has been admitted to the bar five years or less.

V. Pretrial Procedures

A. Pretrial Conferences in Criminal Cases

1. Assistant United States Attorneys are responsible for informing

Chambers by calling the Courtroom Deputy when a new case has been assigned

to Judge Cogan. Upon such notification, an initial pretrial conference will be

scheduled.

2. In a multi-defendant case, all filings must designate the defendant or

defendants, and only the defendant or defendants, as to whom the filing pertains.

3. Violations 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,

specifying the violations as to which the defendant intends to plead guilty. The

practice of not deciding upon the disposition of a VOSR until immediately before

a scheduled conference is strongly discouraged.

B. Pretrial Procedures in Civil Cases

1. All matters in civil actions, except pro se cases, including pretrial

matters, will be heard by Judge Cogan rather than a Magistrate Judge unless an

Order of Referral or a Stipulation Consenting to Magistrate Judge Jurisdiction has

been entered.

2. The submission of a joint pretrial order will be scheduled by the Court;

the parties are to use the form posted on the Court’s website:

https://www.nyed.uscourts.gov/index.php/district-judge-brian-m-cogan

3. The following must be handed to the Courtroom Deputy at the beginning

of trial in duplicate (so that the Court’s Law Clerk has a copy as well as the

Court):

(a) A complete set of documentary exhibits;

(b) A list of all exhibits; and

(c) A copy of the list of witnesses

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VI. Sentencing in Criminal Cases

A. Applications regarding sentencing adjournments shall be made in writing by

defense counsel at least five business days prior to the date of sentencing. The

Government’s response, if any, shall be made in writing at least two business days

before the date of sentencing.

B. Defendant’s sentencing memorandum, if any, is due two weeks prior to sentencing.

The Government’s response, if any, is due one week prior to sentencing. If the

defendant and the Government agree that the case presents no material factual or

legal disputes, they may modify this schedule and shall advise the Court if they do

so. Sentencing memoranda and any objections to the Presentence Report must be

provided to the Probation Department.

C. After the Government’s time for filing a response has passed, but no less than five

days prior to the scheduled sentencing, either party shall file a letter by ECF

confirming that the sentencing is to proceed as scheduled. In the absence of such

confirmation, the Court may adjourn the sentencing sua sponte for

approximately 30 days. The filing deadlines set forth in subparagraph (1) above

and the requirement for a confirmation letter in this subparagraph shall apply to any

adjourned date.

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