Hon. LaShann DeArcy Hall — Individual Rules of Practice

JUDGE LASHANN DEARCY HALL

United States District Court

Eastern District of New York

225 Cadman Plaza East

Brooklyn, New York 11201

Courtroom: 4H North

INDIVIDUAL PRACTICES

Unless otherwise ordered, matters before Judge DeArcy Hall must be conducted in accordance

with the following practices:

I. COMMUNICATIONS WITH CHAMBERS

A. Written Communications with Chambers

Except in emergency situations requiring immediate attention, all

communications with Chambers must be by ECF letter, with copies

simultaneously delivered to all parties who do not receive ECF notifications.

Except where annexed to pleadings or motion papers, copies of correspondence

between or among counsel shall not be sent to Chambers.

B. Telephone Calls

Telephone calls to Chambers are not permitted.

C. Emails

Except as required by Section II.C, regarding the provision of word processing

files for certain submissions, emails to Chambers

(dearcyhall_chambers@nyed.uscourts.gov) are permitted only in emergency

situations and with prior authorization by the Court. Parties submitting an email

to Chambers must file any such document via ECF, with copies simultaneously

delivered to all parties who do not receive automatic notifications through ECF.

D. Docketing, Scheduling, and Calendar Matters

For docketing, scheduling, and calendar matters, call Courtroom Deputy

Catherine Greenidge at (718) 613-2105.

E. Requests for Adjournments or Extensions of Time

1. Absent an emergency, all requests for adjournments or extensions of time

must be made at least two (2) business days prior to a scheduled deadline

or appearance.

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2. All requests for adjournments or extensions of time must be filed via ECF,

and must state:

a) the original date;

b) the reason for the request;

c) the number of previous requests for adjournments or extensions of

time;

d) whether these previous requests were granted or denied;

e) whether the adversary consents, and, if not, the reason given by the

adversary for refusing to consent; and

f) whether the adjournment or extension of time affects any other

scheduled dates. If so, the party must provide a proposed Revised

Scheduling Order.

3. At the time of filing a request for adjournment or extension of time, parties

must email Chambers to notify the Court of the request with the subject

line “ADJOURNMENT REQUEST: [Docket No]”.

II. ELECTRONIC CASE FILING (ECF)

A. Mandatory ECF Filing

1. Counsel must file all documents via ECF. Orders and other notices from

the Court will be posted via ECF; parties not registered for ECF will not

receive them.

2. Pro se parties are exempt from mandatory ECF filing. However, parties

represented by counsel in pro se cases must file documents via ECF and

serve copies on the pro se litigant(s).

3. Parties filing non-text exhibits that are impractical to file electronically

should submit an electronic version on a compact disc to the Clerk’s

Office (labeled “Original”) and to Chambers (labeled “Courtesy Copy”).

Related papers filed via ECF must clearly indicate the manner in which

the exhibits were filed.

B. Sealing of Submissions

Motions for leave to file documents under seal should be filed via ECF in

accordance with the EDNY’s instructions for filing sealed documents. The

proposed sealed document(s) should be attached to the motion for leave to file

under seal. Instructions for filing sealed documents in civil cases are at

https://img.nyed.uscourts.gov/files/forms/EfilingSealedCV.pdf; instructions for

filing sealed documents in criminal cases are at

https://img.nyed.uscourts.gov/files/forms/EfilingSealedCR.pdf.

C. Word Processing Files of Certain Submissions

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1. Proposed orders, jury instructions, and other submissions for adoption by

the Court must be emailed to Chambers in word processing format, as well

as filed via ECF in PDF format. The Court prefers to receive documents

as Microsoft Word files, but Corel WordPerfect files are acceptable.

Parties need not submit word processing files of stipulations unless

specifically requested to do so.

2. Parties may submit word processing files pursuant to this Section via

email without seeking prior authorization. Parties may also submit word

processing files via compact disc, but the Court prefers to receive word

processing files via email.

D. Courtesy Copies

1. Parties should not submit hard copies of the following submissions:

a) submissions fewer than 25 pages (inclusive of any exhibits or

attachments), except as required by Section III.B.2 (regarding the

submission of courtesy copies during motion briefing);

b) pleadings as defined by Fed. R. Civ. P. 7(a); and

c) motions, letters, or other filings directed to the magistrate judge

assigned to the matter.

2. Except as provided above, courtesy copies of all electronically filed

submissions must be provided to Chambers.

3. Courtesy copies must comply with the following requirements:

a) All courtesy copies must be clearly marked “Courtesy Copy.”

Except when submitted in accordance with Section III.B.2 below,

regarding the contemporaneous submission of courtesy copies

during motion briefing, all courtesy copies must include the stamp

generated when a document is filed via ECF (including the

document number as listed on the docket).

b) When providing courtesy copies to Chambers, all documents

comprising a submission (ie: memorandum, declarations, exhibits,

etc.) must be contained in a single three-ring binder with

appropriately labeled tabs. For example, all exhibits must be

identified and separated by corresponding numbered or lettered

tabs. Binders must be appropriately sized for their contents—0.5,

1, 1.5, or 2 inches—but must not exceed 2 inches. If a single 2-

inch binder cannot accommodate all documents comprising a

submission, exhibits and any corresponding declarations must be

submitted to Chambers via compact disc containing separate and

appropriately named PDF files for each exhibit.

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c) Binder covers and spines must identify the case name, docket

number, and the binder’s contents. Parties are strongly encouraged

to print on both sides of the page.

d) Parties proceeding pro se are exempt from these requirements, but

should make every effort to clearly mark exhibits and present well-

organized papers.

III. CIVIL MOTIONS

A. Pre-Motion Conferences

1. Except habeas corpus/prisoner petitions, Social Security appeals,

bankruptcy appeals, and post-trial motions, parties must request a pre-

motion conference with the Court before making:

a) any motion pursuant to Rule 12 or 56;

b) any motion for a change of venue; or

c) any motion to amend a pleading pursuant to Rule 15 where leave

of the Court is required.

2. The provisions of this Section do not apply to motions other than those

specifically enumerated. For example, letters requesting pre-motion

conferences are not required for motions pursuant to Rule 50, 59, or 60.

3. To request a pre-motion conference, moving parties must file and serve a

letter not to exceed three (3) pages stating the basis for the motion.

Service of a pre-motion letter by the moving party within the time

requirements of Rule 12 shall constitute timely service of a motion made

pursuant to Rule 12(b)

4. The purpose of pre-motion letters is to aid the Court by providing a

synopsis of the arguments to be set forth in any motion or opposition. Pre-

motion letters and responses must contain sufficient legal authority to

serve this purpose.

5. Except as provided in Section III.A.6 below, regarding motions for

summary judgment, within five (5) business days from service of a pre-

motion letter, the non-movant must file a letter response not to exceed

three (3) pages either opposing the motion or advising the Court that it

does not intend to oppose the motion.

6. Motions for Summary Judgment

a) Unless otherwise ordered by the Court, the deadline to submit a

pre-motion letter for a motion pursuant to Rule 56 shall be fifteen

(15) business days after the close of discovery.

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b) Pre-motion conference requests regarding an intended motion for

summary judgment must be accompanied by a statement pursuant

to Local Civil Rule 56.1.

c) Parties shall have fifteen (15) business days from service of a pre-

motion letter and accompanying 56.1 statement to respond to each.

d) Parties shall have ten (10) business days from receipt of an

opposing 56.1 statement to file a reply 56.1 statement. No reply

letter shall be permitted.

e) Except for pro se parties, a party’s opposition to an opening 56.1

statement must quote, verbatim, the opening 56.1 statement,

including all citations, and respond to the moving party’s

statements of fact immediately beneath each statement. If an

opposing party chooses to include additional materials facts

alleged to be in dispute, they must do so in a separately titled but

consecutively numbered section.

f) A moving party’s reply 56.1 statement must quote, verbatim, the

opposing party’s 56.1 statement, including all citations. A moving

party’s reply statement may only respond to the opposing party’s

statement of additional material facts and must do so by stating the

moving party’s response immediately beneath each statement of

additional material fact. Reply statements may not introduce any

new material facts.

g) Each paragraph in a 56.1 statement must 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.”

h) No statement of fact should be included in a 56.1 statement unless

it can be established by direct evidence. Factual contentions that

parties believe are undisputed by circumstantial evidence should be

argued in memoranda.

i) Any evidence cited in a party’s 56.1 statement must be attached as

an exhibit to a declaration and filed along with a party’s 56.1

statement.

j) No procedural history should be included in a 56.1 statement

unless relevant to the motion (for example, if the motion raises a

statute of limitations issue).

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k) Supplements to a 56.1 statement are not permitted absent just

cause and leave of the Court.

l) The 56.1 statements submitted in connection with the pre-motion

conference shall be relied upon by the Court in considering any

motion for summary judgment. Accordingly, material facts in any

pre-motion letter or memorandum of law in connection with a

motion for summary judgment must cite to relevant paragraphs of

56.1 statements.

B. Filing of Motion Papers

1. The Court will order briefing schedules for motions identified in Section

III.A.1, above. Parties should anticipate a schedule that will require the

service of their motion within a short time after the pre-motion conference

(usually two weeks). Parties may not serve motion papers before the

Court enters a briefing schedule. No changes in a briefing schedule may

be made without the Court’s approval.

2. As a courtesy, the Court requests that parties refrain from filing motion

papers until a motion is fully briefed. This request does not apply to

motions made pursuant to Rule 50, 59, or 60. If parties elect to file their

motion papers only after a motion is fully briefed, the notice of motion and

all supporting papers must be served on the other parties in accordance

with the Court’s approved briefing schedule. All motion papers must be

served with a cover letter stating whom the serving party represents and

the papers being served.

3. If parties elect to file motion papers only after a motion is fully briefed,

the moving party will be responsible for filing the full set of papers via

ECF and for providing the Court with a courtesy copy, in accordance with

Section II.D, of the fully briefed motion as soon as practicable after filing.

C. Memoranda of Law

1. Unless prior permission is granted, memoranda in support of and in

opposition to motions are limited to 25 pages (exclusive of tables of

contents, tables of authorities, appendices, and attachments). Reply

memoranda are limited to ten (10) pages (exclusive of tables of contents,

tables of authorities, appendices, and attachments). Memoranda in support

of or in opposition to motions for reconsideration, however, are limited to

five (5) pages.

2. Requests to file memoranda exceeding the page limits set forth herein

must clearly state the basis for the request and will only be granted for

good cause shown. Any such requests must be made in writing at least

five (5) business days prior to the relevant memorandum’s due date,

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except with respect to reply briefs, in which case the request must be made

at least one (1) day prior to the due date.

3. Memoranda must be double-spaced with one-inch margins. Use Times

New Roman, 12-point font, with footnotes that are at least 10-point font.

Condensing or kerning of character spacing is not permitted.

4. Memoranda must have the date of service plainly visible on the front

cover.

5. Memoranda must contain a table of contents and a table of authorities.

6. Memoranda must be filed with all exhibits cited therein, regardless of

whether any such exhibits have already been submitted to the Court in a

prior filing.

7. Letter briefs are not permitted.

8. Summary-judgment memoranda must cite to both a Rule 56.1 statement

and the evidence cited in the applicable Rule 56.1 statement.

D. Oral Argument

1. Parties may request oral argument by noting “Oral Argument Requested”

in the top right corner of the cover page of either a notice of motion or

opposing memorandum.

2. Parties receiving ECF notification of the Court’s decision on oral

argument are responsible for informing pro se parties of the Court’s

decision.

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IV. CIVIL PRETRIAL PROCEDURES

A. Appeals of Discovery Determinations by Magistrate Judges

Timing: Unless otherwise ordered by the Court, any appeal of a Magistrate Judge’s

discovery determination must be served upon all parties and filed with the Court

within fourteen (14) days of the challenged determination. Any party opposing such

appeal shall file its opposition, if any, within fourteen (14) days of service of any

appeal. Parties are not permitted a reply as of right. Should the Court desire a reply

letter or additional briefing, the Court shall inform the parties.

Format: Any appeal of a Magistrate Judge’s discovery determination must be in the

form of a letter not exceeding three (3) pages in length. Such letter must set forth the

specific aspects of the Magistrate Judge’s determination that are being challenged.

B. Joint Pretrial Orders

Timing of Joint Pretrial Order: Unless otherwise ordered by the Court, in the

absence of a motion for summary judgment, joint pretrial orders must be

submitted within thirty (30) days after the date for completion of discovery, for

the Court’s approval. If a party moves for summary judgment, the Court will set

the joint pretrial order deadline at the time it rules on the motion. Parties should

anticipate the deadline to be set for three weeks after the Court’s ruling.

Contents of Joint Pretrial Order: Joint pretrial orders must comply with the

requirements of Section III.C.3, specifying the proper formatting for memoranda,

and must include the following information:

1. Caption: the full caption of the action;

2. Parties and Counsel: the names of the parties and their counsel, including

firm names, addresses, telephone, and trial counsel’s fax numbers;

3. Jurisdiction: 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 must include

citations to all statutes relied on and relevant facts as to citizenship and

jurisdictional amount;

4. Claims and Defenses: a brief summary by each party of the elements of

the claims and defenses that party asserted that remain to be tried, without

recital of evidentiary matter, and including citations to all statutes relied

on – the parties waive all claims and defenses not set forth in the joint

pretrial order;

5. Damages: a detailed statement regarding damages and other relief sought

for each claim;

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6. Jury or Bench Trial: a statement by each party as to whether the case is to

be tried with a jury and a single statement of the number of trial days

needed;

7. Consent to Trial by a Magistrate Judge: a statement as to whether all

parties consent to trial by a magistrate judge (without identifying which

parties have or have not so consented);

8. Stipulations: any stipulations or statements of fact or law that have been

agreed to by all parties;

9. Witnesses: a list of the names and addresses of all witnesses, including

impeachment or rebuttal witnesses, together with a brief statement of the

expected testimony of each witness, and a brief description of the bases

for and responses to any objections to a witness – only witnesses listed in

the joint pretrial order will be permitted to testify except when prompt

notice of any additional witness is given and good cause shown;

10. Deposition Designation: 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 – the Court strongly encourages the

parties to resolve all objections without the Court’s intervention;

11. Exhibits and Objections: a schedule listing exhibits to be offered in

evidence and, if not admitted by stipulation, the parties offering them.

The schedule will also include possible impeachment documents and/or

exhibits, as well as exhibits that will be offered only on rebuttal. Parties

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

admissibility of any exhibits offered by any other party, as well responses

to objections other parties have stated as to the admissibility of documents

they offer. The Court strongly encourages the parties to resolve all

objections without the Court’s intervention. Parties are expected to

resolve before trial all issues of authenticity, chain of custody, and related

grounds. Meritless objections based on these grounds may result in the

imposition of sanctions. Except for good cause shown, only exhibits listed

in the joint pretrial order will be received in evidence.

C. Pretrial Filings

1. Motions in Limine: Unless otherwise ordered by the Court, 25 business

days before the commencement of trial, parties must file motions

addressing evidentiary or other trial-related issues that should be resolved

in limine. All motions in limine must be in a single submission in

accordance with the requirements of Section III.C, specifying the proper

formatting for memoranda. Extension of the page limit set forth in

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Section III.C.1 may be granted only for good cause shown. Responses, if

any, will be due five (5) business days later. Replies to motions in limine

are not permitted. Oral argument, if necessary, shall be scheduled at the

convenience of the Court.

2. Unless otherwise ordered by the Court, 20 business days before the

commencement of trial, parties must file:

a) Memoranda: pretrial memoranda if required by the Court;

b) Jury Materials: voir dire questions, jury instructions, and verdict

sheets – these materials must be filed via ECF, as well as

submitted in accordance with Section II.C’s specifications for the

provision of word processing files for certain submissions.

Requests to charge should be limited to elements of the claims, the

damages sought, and defenses. General instructions will be

prepared by the Court.

D. Final Pretrial Conference

1. Document Exchange: Prior to attending the pretrial conference on a date

to be scheduled by the Court, counsel must exchange copies of all

documents proposed to be used in evidence, and must be prepared to

discuss and have the Court rule on outstanding objections to exhibits.

2. Pretrial Conference: Counsel must attend the pretrial conference and be

prepared and authorized to stipulate for purposes of narrowing the issues

and proof and to discuss and conclude settlement.

E. Trial Exhibits

After the pretrial conference, and no later than the first day of trial, all parties

must provide the Court with tabbed binders containing copies of exhibits that

have been pre-marked in accordance with the pretrial order. Exhibit binders must

be appropriately sized for their contents, with no single binder exceeding two (2)

inches. Binder covers and spines must identify the case name, docket number,

and the binder’s contents. Parties are encouraged to print on both sides of the

page.

V. CIVIL POST-TRIAL PROCEDURES

In non-jury trials, parties must file proposed findings of fact and conclusions of law no

later than ten (10) business days after the conclusion of trial. Responses to such

submissions are not permitted.

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VI. CRIMINAL MOTIONS

A. Pre-Motion Conferences

1. Counsel must advise the Court of any motions they want to file at a status

conference scheduled by the Court. If no status conference has been

scheduled, counsel must request a pre-motion conference in writing and

briefly state the grounds for any anticipated motion.

2. To arrange a pre-motion conference, the moving party must submit a

brief letter setting forth the basis for the anticipated motion. All parties

served may, but are not required to, serve and file a brief letter response

within five (5) business days from service of the notification letter.

B. Filing of Motion Papers

1. The Court will order briefing schedules for motions. Parties should

anticipate a schedule that will require the filing of their motion within a

short time after the pre-motion conference (usually two weeks). Parties

may not serve motion papers before the Court enters a briefing schedule.

No changes in a briefing schedule may be made without the Court’s

approval.

2. Courtesy copies of all motion papers and exhibits must be submitted to

Chambers in accordance with Section II.D’s specifications regarding

courtesy copies.

C. Memoranda of Law

1. Unless prior permission is granted, memoranda in support of and in

opposition to motions are limited to 25 pages, not including appendices or

attachments, and reply memoranda are limited to ten (10) pages, not

including appendices or attachments.

2. Requests to file memoranda exceeding the page limits set forth herein

must clearly state the basis for the request and will only be granted for

good cause shown. Any such requests must be made in writing five (5)

business days prior to the relevant memorandum’s due date, except with

respect to reply briefs, in which case the request must be made at least one

(1) day prior to the due date.

3. Memoranda must be double-spaced with one-inch margins. Use Times

New Roman, 12-point font, with footnotes that are at least 10-point font.

Condensing or kerning of character spacing is not permitted.

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4. All memoranda must have the date of service plainly visible on the front

cover.

5. All memoranda must contain a table of contents and a table of authorities.

6. Memoranda must be filed with all exhibits cited therein, regardless of

whether any such exhibits have already been submitted to the Court in a

prior filing.

7. Letter briefs are not permitted.

D. Oral Argument

Unless otherwise directed by the Court, oral argument will be held on all motions.

Notice of motions must state the date and time of oral argument if the Court has

already provided one. Otherwise, they must state that oral argument will be “on a

date and at a time to be designated by the Court.”

E. Sentencing Motions

1. The Government’s sentencing memorandum, if any, is due at least twelve

(12) business days prior to sentencing. The defendant’s response, if any,

is due five (5) business days later.

2. Applications regarding sentencing adjournments must be made in writing

by defense counsel at least five (5) business days prior to the date of

sentencing. Extensions for this deadline may be granted for good cause

shown. The Government’s response, if any, must be no longer than three

(3) pages and must be made in writing at least two (2) business days later.

3. Violation 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, which must specify the violations as to which the defendant

intends to plead guilty.

VII. CRIMINAL PRETRIAL PROCEDURES

A. Pretrial Filings

Unless otherwise directed by the Court, the following procedures must be

followed:

1. Motions in Limine: Unless otherwise ordered by the Court, no later than

thirty (30) business days before the commencement of jury selection,

parties must file motions addressing evidentiary or other trial-related

issues that should be resolved in limine. All motions in limine must be in

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a single submission in accordance with the requirements of Section III.C,

specifying the proper formatting for memoranda. Extension of the page

limit set forth in Section III.C.1 may be granted only for good cause

shown. Responses, if any, will be due ten (10) business days later.

Replies to motions in limine are not permitted. Oral argument, if

necessary, shall be scheduled at the convenience of the Court.

2. Jury Materials: Jury materials shall include proposed voir dire questions,

jury instructions, and verdict sheets. Jury materials must be filed ten (10)

business days before the commencement of jury selection. In addition to

filing jury materials via ECF, parties must submit them in accordance with

Section II.C’s specifications for the provision of word processing files for

certain submissions.

3. Witnesses: A list of all potential witnesses and any other individuals and

entities that may be mentioned at trial must be filed at least ten (10)

business days before jury selection.

B. Final Pretrial Conference

1. Document Exchange: Prior to attending the pretrial conference on a date

to be scheduled by the Court, counsel must exchange copies of all

documents proposed to be used in evidence, and must be prepared to

discuss and have the Court rule on objections to exhibits.

2. Pretrial Conference: Counsel must attend the pretrial conference and be

prepared and authorized to stipulate for purposes of narrowing the issues

and proof.

C. Trial Exhibits

After the pretrial conference, and no later than the first day of trial, all parties

must provide the Court with tabbed binders containing copies of exhibits that

have been pre-marked in accordance with the pretrial order. Exhibit binders must

be appropriately sized for their contents, with no single binder exceeding two (2)

inches. Binder covers and spines must identify the case name, docket number,

and a description of the binder’s contents. Parties are encouraged to print on both

sides of the page.

VIII. CRIMINAL POST TRIAL PROCEDURES

In non-jury trials, parties must file proposed findings of fact and conclusions of law no

later than ten (10) business days after the conclusion of trial. Responses to such

submissions are not permitted.

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