Hon. Margo K. Brodie — Individual Rules of Practice

Judge Margo K. Brodie

Individual Practices and Rules

225 Cadman Plaza East

Brooklyn New York 11201

Courtroom

6F

Chambers

N 626

Contact

Winnethka Valentin (Case Manager)

Unless otherwise ordered by the court in a specific case, matters before the court shall be

conducted in accordance with the following practices:

1. Case Filings

A. Electronic Case Filing (ECF)

Pursuant to Administrative Order 2004-08, all case documents must be filed

electronically via ECF for all civil cases other than pro se cases and for all

criminal cases. The Eastern District’s User Guide for electronic case filing is

available at https://www.nyed.uscourts.gov/cmecf-documentation. This webpage

also contains contact information for questions regarding ECF. All written

submissions and supporting materials must be text-searchable. Parties are

advised not to contact chambers with questions regarding ECF registration,

filing, or other technical issues.

B. Filing Under Seal

Written submissions to be filed under seal should also be filed on ECF in

accordance with the instructions for e-filing sealed documents on the Eastern

District’s website at

https://www.nyed.uscourts.gov/sites/default/files/uploads/efilingsealedcv.pdf.

Unless prior approval to file under seal has already been granted, each

submission shall be accompanied by an explanation of why sealing is necessary.

C. Court’s Review of ECF Submissions

As a general matter, materials filed via ECF are reviewed by chambers the first

business day after submission. If your submission requires immediate attention,

please notify chambers by telephone after you file via ECF.

D. Courtesy Copies

Courtesy copies shall be sent to Chambers on request only. If requested by the

Court, parties shall deliver to chambers a courtesy copy of all written submissions

filed on ECF, inclusive of any exhibits or attachments. Parties are encouraged to

use double-sided printing for their courtesy copies, and to spiral-bind larger

documents or packets on the left side. Preferably, the courtesy copies will be

reproductions of the document as filed on ECF, with the ECF numbering

appearing at the top of the page. If not, the courtesy copy should be prominently

labeled “Courtesy Copy - Original was electronically filed and assigned

document number X.”

E. Word-Processing Files of Proposed Orders, Requests to Charge, etc.

Proposed orders, jury instructions, and other such writings a party wishes the

Court to adopt should be submitted to chambers in Microsoft Word format as well

as filed on ECF in PDF format. However, parties need not submit word-

processing files of stipulations of dismissal or settlement unless specifically

requested to do so. Counsel may send the files to

Brodie_Chambers@nyed.uscourts.gov.

F. Requests for Adjournments or Enlargement of Time

All requests for adjournments or enlargement of time must be in writing and state:

i. The original date;

ii. The number of previous requests for adjournment or enlargement;

iii. Whether these previous requests were granted or denied; and

iv. Whether the adversary consents, and, if not, the reasons given by the

adversary for refusing to consent.

If the requested adjournment or enlargement of time affects any other scheduled

dates, proposed revised dates must be provided. Absent an emergency, all

requests for adjournment or enlargement of time shall be made at least 48 hours

prior to the scheduled deadline or appearance.

2. Communications with Chambers

A. Written Communications with Chambers

All communications with chambers shall be in writing and filed on ECF, with

copies simultaneously delivered to all parties who do not receive automatic

notification through ECF. Copies of correspondence between counsel shall not be

sent to the Court.

B. Telephone Calls

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Telephone calls to chambers are permitted, but parties seeking clarification of

these Individual Rules or case-specific action should docket their request in a

letter to ECF. Please review this document before calling chambers with

questions. For docketing, scheduling or calendar matters, call Winnethka

Valentin at (718) 613-2145.

C. Faxes

Faxes to chambers are permitted only if prior authorization is obtained.

3. Motions

Motions Returnable

Set by the court. The Court will schedule oral argument if

necessary in a specific case.

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 in which the proposed movant is 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:

i. Any motion pursuant to Fed. R. Civ. P. 12 or 56;

ii. Any motion for a change of venue; or

iii. Any motion to amend a pleading pursuant to Fed. R. Civ. P. 15 where

leave of court is required.

To request a pre-motion conference, the moving party shall file and serve a letter

not to exceed three (3) pages in length setting forth the basis for the anticipated

motion. All parties 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.

Rule 12(a) prescribes time requirements for the filing of answers and for the filing

of motions permitted under Rule 12. Similarly, Rule 56(b) prescribes time

requirements for the filing of a motion for summary judgment. For the purposes

of these timing requirements, a pre-motion conference letter requesting

permission to file a motion permitted by Rules 12(a) and 56(b) shall be

considered the equivalent of the motion itself.

In some cases, it will be apparent from the letter requesting a pre-motion

conference that such a conference will not be a useful expenditure of the parties’

time, and a motion schedule will be set without a pre-motion conference. In other

cases, the usefulness of a pre-motion conference will be clear based on the

request. Counsel are informed that such decisions are commonly made before the

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time for filing response letters has expired, but any such decisions are revisited

upon the filing of a timely response letter.

Note that these provisions do not apply to motions other than those specifically

enumerated. For example, letters requesting pre-motion conferences are not

required for 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.

B. Memoranda of Law

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

opposition to motions are limited to 25 pages, double spaced, and reply

memoranda are limited to 10 pages, double spaced. Parties should use Times

New Roman 12-point font and one-inch margins.

C. Briefing Schedule

The parties are to set up their own briefing schedule and submit it to the Court for

approval. Approval may be given at the pre-motion conference or by subsequent

letter. No changes to the schedule may be made without Court approval.

D. Filing of Motion Papers

As a courtesy to the Court, the Court requests that the parties refrain from

filing motion papers until the motion has been fully briefed. If the parties

elect to file their motion only once it is 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 represents and the papers being served. Only a

copy of the cover letter shall be electronically filed in advance of the fully-briefed

motion, and it must be filed as a letter, not as a motion.

On the day the motion is fully briefed, each party shall electronically file its

moving papers. In addition, the moving party (unless pro se) shall furnish

chambers with a full set of courtesy copies of the motion papers, together with a

letter specifying each document in the package. Courtesy copies should comply

with Rule 1.D of these rules. A copy of the cover letter shall be sent to the

assigned magistrate judge and to opposing counsel, and shall also be

electronically filed.

Parties moving pursuant to rules Fed. R. Civ. P. 50, 59 and 60, and counsel should

be aware that the Court of Appeals will not accept compliance with this rule as an

excuse for noncompliance with the time limits set forth in Fed. R. App. P. 4.

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

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As indicated above, these practices do not require a pre-motion conference or that

a motion be fully briefed before it is filed when strictly enforced time limits must

be met to preserve rights. Regardless, 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 a 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.

4. Pretrial Procedures

A. Joint Pretrial Orders in Civil Cases

Unless otherwise ordered by the court, within 60 days from the date for the

completion of discovery in a civil case, the parties shall submit to the court a

proposed pretrial order, which shall include the following:

i. Caption: The full caption of the action.

ii. Parties and Counsel: The names, addresses (including firm names), and

telephone and fax numbers of trial counsel.

iii. 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 shall

include citations to all statutes and legal doctrines relied on and relevant

facts as to citizenship and jurisdictional amount.

iv. Claims and Defenses: A brief summary by each party of the elements of

the claims and defenses that party has asserted which remain to be tried,

including citations to all statutes relied on.

v. 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.

vi. Witnesses: A list of names and addresses by each party as to the fact and

expert witnesses whose testimony is to be offered in its case in chief,

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.

vii. Deposition Testimony: 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.

viii. Stipulations: A statement of stipulated facts, if any.

ix. Exhibits: A schedule listing exhibits to be offered in evidence and, if not

admitted by stipulation, the party or parties that will be offering them.

The schedule will also include possible impeachment documents and/or

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

Plaintiff’s exhibits shall be identified by numbers, defendant’s exhibits

shall be identified by letters. The parties will list and briefly describe the

basis for any objections that they have to the admissibility of any exhibits

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to be offered by any other party. Parties are expected to resolve before

trial all issues of authenticity, chain of custody and related grounds. Only

exhibits listed will be received in evidence except for good cause shown.

x. Exchange of Exhibits: All exhibits must be premarked 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.

B. Filings Prior to Trial in Civil Cases

Unless otherwise ordered by the court, requests to charge and proposed voir dire

questions in jury cases should be submitted three weeks before trial. 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. Word-processing

files of proposed charges should be submitted to chambers pursuant to Section

1.E of this document.

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. By claim, a detailed statement regarding damages and other relief sought;

ii. 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; and

iii. In all cases, motions addressing any evidentiary or other issues which

should be resolved in limine.

C. Filings Prior to Trial in Criminal Cases

Unless otherwise ordered by the court, requests to charge and proposed voir dire

questions in jury cases should be submitted three weeks before trial. General

instructions will be prepared by the court. Word-processing files of proposed

charges should be submitted to chambers pursuant to Section 1.E of this

document.

5. Sentencing Motions

A. Submissions

Submissions regarding sentencing shall be made in writing by defense counsel at

least three weeks prior to the date of sentencing.

B. Response

The Government’s response, if any, shall be made in writing at least two weeks

before the date of sentencing.

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