Hon. Frederic Block — Individual Rules of Practice

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.