Hon. Lara K. Eshkenazi — Individual Rules of Practice

INDIVIDUAL PRACTICE RULES OF

MAGISTRATE JUDGE LARA K. ESHKENAZI

United States District Court

Eastern District of New York

225 Cadman Plaza East

Brooklyn, New York 11201

Courtroom 13B South

Chambers Telephone: (718) 613-2210

Email: Eshkenazi_Chambers@nyed.uscourts.gov

Courtroom Deputy: Megan Dillon

I. COMMUNICATION WITH CHAMBERS 1

A. WRITTEN COMMUNICATIONS 1

B. TELEPHONE CALLS 1

C. REQUIRED NOTIFICATION TO CHAMBERS 1

D. CONFERENCES 2

II. PRO SE LITIGANTS 2

A. ECF 2

B. FILING 2

C. COURT ORDERS 2

D. PRO SE LEGAL ASSISTANCE 3

E. PRO SE OFFICE 3

III.DISCOVERY 3

A. INITIAL CONFERENCES 3

B. DISCOVERY DISPUTES AND MOTIONS 3

C. DEPOSITION DISPUTES 4

D. NO AUTOMATIC STAY OF DISCOVERY 4

E. PROTECTIVE ORDERS 4

IV.SETTLEMENT 4

A. REQUESTS FOR SETTLEMENT CONFERENCES 4

B. SETTLEMENT STATEMENTS 5

C. SETTLEMENT CONFERENCES 5

V. MOTIONS 5

A. DISPOSITIVE MOTIONS 5

B. MOTIONS IMPLICATING FED. R. APP. P. 4(A)(4)(A) OR SIMILAR TIME-LIMITING RULES 6

VI.TRIALS ON CONSENT 6

A. PROPOSED JOINT PRE-TRIAL ORDERS 6

B. FILINGS PRIOR TO TRIAL 7

I. COMMUNICATION WITH CHAMBERS

A. Written Communications

1. ECF. Parties should primarily communicate with the Court via ECF.

Each attorney of record must file a Notice of Appearance and will receive

notification of all Court orders electronically. All letters and motions

submitted to the Court must be electronically filed. If relief is sought from

the Court, the application may be in the form of a letter, but must be filed

using the “Motions” event. Litigants proceeding pro se are exempt from

this requirement.

2. Requests for Adjournments and Extensions. All requests for

adjournments or extensions of time must be in writing and filed

electronically as motions at least two (2) business days prior to the

scheduled appearance or deadline. These requests must state the original

date of the conference or deadline; the reason the adjournment or

extension is needed; whether all parties consent (and reason(s) for

withholding consent); and the number of prior adjournments or extensions.

Requests for conference adjournments must also list at least three (3)

alternative dates when all parties are available. The requesting party

should also include a proposed revised schedule, if necessary.

3. Courtesy Copies. No courtesy copies are to be sent to Chambers unless

requested.

B. Telephone Calls

Telephone calls to Chambers are permitted only in emergency situations requiring

same-day attention by the Court. Faxes to Chambers are not permitted.

C. Required Notification to Chambers

A party or the parties must immediately notify Chambers via email

(Eshkenazi_Chambers@nyed.uscourts.gov) if any of the following events occur:

1. Any motion has been referred to Judge Eshkenazi by the presiding District

Judge;

2. The parties have reached a settlement; or

3. Any party has reason to believe that Judge Eshkenazi should be recused

from any pending action due to her involvement in the matter during the

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time she served in the United States Attorney’s Office, or for any other

reason.

D. Conferences

Counsel shall appear promptly for all conferences. Counsel appearing before the

Court must be prepared and authorized to discuss (1) the parties’ progress in the

case; (2) scheduling of further proceedings; and (3) the possibility of settlement

and status of any settlement discussions. All attorneys must file a Notice of

Appearance prior to appearing in Court. Only a party’s counsel of record, or an

attorney personally authorized to appear by the party (and not simply by the

party’s counsel of record) may appear on behalf of a party.

II. PRO SE LITIGANTS

A. ECF

Pro se parties are automatically exempt from mandatory electronic filing but may

request permission to file documents electronically, if eligible.1 Counsel in cases

involving pro se litigants must send copies of documents filed via ECF to the pro

se party, and file proof of service via ECF.

B. Filing

Pro se litigants should file any documents via hand delivery or U.S. mail to the

designated “Pro Se clerk” in the Clerk’s office to the attention of Judge Eshkenazi

and the presiding District Judge.

C. Court Orders

Court orders will be provided to pro se litigants by U.S. mail, unless they receive

electronic notifications. Pro se litigants must keep current contact information on

file with the Court.

1 Instructions and eligibility requirements are available here:

https://www.nyed.uscourts.gov/forms/instructions-pro-se-registration-and-consent-electronic-

service-orders-and-notices-issued.

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D. Pro Se Legal Assistance

Pro se litigants are encouraged to contact the City Bar Justice Center’s Federal

Pro Se Legal Assistance Project to receive free, limited-scope legal assistance.2

E. Pro Se Office

Pro se litigants should contact the Pro Se Office for any case-related questions at

(718) 613-2664. Pro se litigants are directed to the relevant Local Civil Rules,

including 12.1, 33.2, and 56.2.3

III. DISCOVERY

A. Initial Conferences

1. Meet and Confer. Pursuant to Federal Rule of Civil Procedure 26(f), the

parties must meet and confer prior to the Initial Conference to discuss the

nature and basis of their claims and defenses, exchange initial disclosures,

discuss the possibilities for a prompt settlement, and complete the

Proposed Discovery Plan/Scheduling Order provided by the Court.

2. Proposed Discovery Plan. Five (5) business days before the Initial

Conference, the parties must jointly file the completed Proposed

Discovery Plan/Scheduling Order using the form that can be found here:

https://img.nyed.uscourts.gov/files/local_rules/ProposedDiscoveryPlan-

LKE.pdf.

B. Discovery Disputes and Motions

1. Before making a discovery motion, parties must meet and confer, and

make a good faith effort to resolve any disputes. Failure to comply with

this requirement will result in denial of the motion.

2. Litigants must make discovery motions by letter motion. Such letter

motions may not exceed five (5) pages in length, exclusive of exhibits. A

response not exceeding five (5) pages in length, exclusive of exhibits,

must be served and filed within three (3) days of receipt of the letter

2 The online intake form and contact information for the Federal Pro Se Legal Assistance Project

can be found here: https://www.citybarjusticecenter.org/projects/federal-pro-se-legal-assistance-

project/.

3 The Local Rules for the U.S. District Courts for the Eastern and Southern Districts of New

York are available here:

https://www.nyed.uscourts.gov/sites/default/files/local_rules/localrules_8.pdf.

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motion, unless a motion for additional time is granted. Reply briefs are

only permitted upon obtaining leave of Court. All discovery letter

motions and responses must use reasonable margins and a 12-point font.

C. Deposition Disputes

When a dispute arises during a deposition that the parties cannot resolve

themselves despite their best efforts, the parties must contact the Court

immediately by e-mailing Eshkenazi_Chambers@nyed.uscourts.gov. The email

should include a brief description of the dispute and a callback number. The

parties must have the court reporter mark the transcript where the dispute arose

and must move on to other issues in the deposition until such time as the Court

can call back to address the dispute. When the Court returns the call, the court

reporter must be present on the call to record any rulings. The parties must not

discontinue the deposition while waiting for the Court to return the call.

D. No Automatic Stay of Discovery

There is no automatic stay of discovery, unless authorized by statute, should one

or more defendants file a motion to dismiss. Discovery is only stayed if a party

files a motion to stay discovery and the Court grants such a motion.

E. Protective Orders

Confidentiality orders should be in the form posted here:

https://img.nyed.uscourts.gov/files/local_rules/ProtectiveOrder-LKE.pdf. If a

party believes that changes to the form order are required due to the

circumstances of the case, it may submit to the Court proposed changes via letter

motion via ECF. The letter motion must not exceed three (3) pages and must

explain the need for the changes, whether all parties consent to the proposed

changes, and the bases for any objections to the proposed changes. The letter

motion must attach as exhibits a clean copy of the proposed order and a redlined

comparison between the proposed order and the Court’s form Protective Order.

The redline should note any objections by any party to the proposed changes.

IV. SETTLEMENT

A. Requests for Settlement Conferences

To request a settlement conference, the parties must file a joint letter motion and

include at least three (3) dates on which counsel and parties with full settlement

authority are available to attend.

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B. Settlement Statements

1. Exchange of Demand/Offer. At least ten (10) days prior to the scheduled

settlement conference, Plaintiff’s counsel must submit a settlement

demand to Defendant’s counsel with a brief explanation of why such a

settlement is appropriate. No later than seven (7) days prior to the

settlement conference, Defendant’s counsel must submit an offer to

Plaintiff’s counsel with a brief explanation of why such settlement is

appropriate.

2. Ex Parte Submission. At least five (5) days prior to the settlement

conference, the parties must submit ex parte settlement letters, not to

exceed five (5) pages single-spaced, to Chambers via email

(Eshkenazi_Chambers@nyed.uscourts.gov). The ex parte settlement

letters must include the communicated demand and offer as prescribed in

Rule IV.B.1 above, the strengths and weaknesses of their case, and any

legal arguments in support of their settlement position with citations to

relevant authorities. Prior to the conference, the Court may schedule ex

parte telephone calls with counsel after reviewing the statements.

C. Settlement Conferences

Settlement conferences will be conducted in person unless otherwise noted. If a

person with full settlement authority is unable to attend in person, parties must

seek advance permission for that person to be available telephonically during the

conference.

V. MOTIONS

A. Dispositive Motions

Where the parties have consented to Judge Eshkenazi’s jurisdiction for all

purposes pursuant to 28 U.S.C. § 636(c)(1), the following rules apply to

dispositive motions:

1. A letter motion requesting a pre-motion conference is required before any

dispositive motion may be filed. The request must be accompanied by a

summary of the proposed motion, not to exceed five (5) pages. The

opposing party must file a letter response within seven (7) days, not to

exceed five (5) pages. Reply letters are prohibited absent permission of

the Court.

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2. The parties must present to the Court a proposed briefing schedule for

approval at the pre-motion conference. No revisions to the schedule will

be made without the Court’s approval.

3. The memoranda of law in support of and in opposition to dispositive

motions are limited to twenty-five (25) pages, and reply memoranda are

limited to ten (10) pages. All memoranda of law must be double spaced,

use reasonable margins, and a 12-point font.

4. Courtesy copies are not required unless specifically requested by the

Court.

B. Motions Implicating Fed. R. App. P. 4(a)(4)(A) or Similar Time-Limiting

Rules

If any party concludes in good faith that delaying the filing of a motion, in order

to comply with any aspect of these individual practices, will deprive the party of a

substantive right, the party may file the motion within the time required by the

Federal Rules of Civil and/or Appellate Procedure, together with an explanation

of the basis for the conclusion.

VI. TRIALS ON CONSENT

Where the parties have consented to Judge Eshkenazi’s jurisdiction pursuant to 28 U.S.C.

§ 636(c)(1) for all purposes, the following rules apply:

A. Proposed Joint Pre-Trial Orders

On the date specified in the scheduling order, the parties must submit a joint

pretrial order that includes the following:

1. Caption. Full caption of the action.

2. Parties and Counsel. The names, addresses, telephone numbers, and

email addresses of trial counsel.

3. Jurisdiction. A brief statement as to the basis of subject matter

jurisdiction or its absence.

4. Claims and Defenses. A brief summary by each party of the claims and

defenses that the parties have asserted that remain to be tried.

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5. Relief. A brief statement of the categories and amounts of damages

claimed or relief sought.

6. Jury or Bench Trial. 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.

7. Stipulations. Any stipulations or statements of facts that have been

agreed to by all parties.

8. Witnesses. A list by each party of the fact and expert witnesses whose

testimony will be offered in its case in chief, indicating whether such

witnesses will testify in person or by deposition. The list should include a

very brief description of the subject matter of the anticipated testimony of

each witness. Only listed witnesses will be permitted to testify except for

good cause shown.

9. Deposition Testimony. A designation by each party of deposition

testimony to be offered in its case in chief, along with any cross-

designations and objections by any other party.

10. Exhibits. A list of exhibits to be offered into evidence. The parties must

list and briefly describe the basis for any objections that they have to the

admissibility of any exhibits to be offered by any other party. Parties are

expected to resolve all issues of authenticity, best evidence, chain of

custody, and related grounds before trial. Only exhibits listed will be

received in evidence, except for good cause shown. All exhibits must be

pre-marked for the trial, placed in binders with tabs, and exchanged with

the other parties with two courtesy copies sent to Judge Eshkenazi at least

ten (10) days before trial. Parties must indicate whether they intend to

utilize electronic presentation of evidence or exhibits.

11. Motions in Limine. A list of any proposed motions in limine addressing

evidentiary or other issues and a brief description of the nature of each

motion.

B. Filings Prior to Trial

1. Motions in Limine. All motions addressing any evidentiary or other

issues that should be resolved in limine must be filed at least thirty (30)

days prior to the commencement date of trial.

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2. Jury Trials. Proposed jury instructions, voir dire questions, and a jury

verdict sheet must be filed at least fourteen (14) days prior to the start of

the trial.

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