Hon. Pamela K. Chen — Individual Rules of Practice

1

Judge Pamela K. Chen

Individual Practices and Rules

225 Cadman Plaza East

Brooklyn New York 11201

Courtroom

4F

Chambers

N 631

Telephone

(718) 613-2510

Fax

(718) 613-2516

Contact

Fida Abdallah (Case Manager)

Telephone

(718) 613-2515

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/sites/default/files/uploads/ecf-usermanual.pdf.

This manual also contains contact information for questions regarding ECF. Parties

are advised not to contact chambers with questions regarding ECF registration,

filing, or other technical issues.

i. Text-Searchability: All written submissions and supporting materials to the

Court, to the extent practicable, must be text-searchable.

ii. Video/Audio Exhibits: Video/audio exhibits that are too large to file on ECF

may not be submitted via USB or CD. The filing party should contact

chambers and will receive instructions for filing such exhibits. The party

must also file a cover letter on ECF describing the video/audio evidence

submitted to the Court.

B. Filing Under Seal

All requests for filing under seal must be made in two parts:

Part 1: The filing party shall first file a motion for leave to file under seal. The motion

should include a cover letter explaining the reason(s) for sealing, restricting access to,

or filing a redacted version of the document, along with the document that is requested

to be sealed/restricted/redacted. When seeking to file a redacted document, the filing

party must submit either: (a) the unredacted and redacted versions of the document

together; or (b) the unredacted version with the proposed redactions highlighted such

that the text to be redacted is still visible.

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Part 2: If granted, the document must be re-filed using the correct ECF filing event.

If denied, counsel must file the letter publicly or not file it at all.

For help on e-filing under seal, contact the ECF help desk at 718-613-2610.

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 Hard Copies

Parties shall deliver to chambers one (1) courtesy hard copy of all written submissions

filed on ECF that are fifty (50) pages in length or more, including any exhibits or

attachments. Parties are encouraged to use double-sided printing for their courtesy

copies. The courtesy copy should be a reproduction of the document as filed on ECF,

with the ECF numbering appearing at the top of the page. The emailing of such

submissions in PDF to chambers or the courtroom deputy, does not satisfy this

requirement.

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 word-processing 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.

Microsoft Word is the preferred word-processing format, although Corel

WordPerfect format is acceptable. Counsel may contact chambers to obtain an email

address to which the files may be sent.

F. Filing Deadline

All submissions must be filed by 5:00 p.m. (Eastern Time) on the day of the filing

deadline to be considered timely.

G. 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. Requests for adjournments of court

appearances and extensions of filing deadlines, absent an emergency, shall be made

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at least two working days prior to the scheduled appearance or filing deadline. Any

adjournment of a court appearance being requested within 24 hours of the

appearance shall be accompanied by a telephone call to chambers advising the

Court of the request.

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

Telephone calls to chambers are permitted. Please review this document before calling

chambers with questions. For docketing, scheduling, or calendar matters, call Fida

Abdallah at (718) 613-2515.

C. Faxes

Faxes to chambers are permitted only if copies are simultaneously faxed or delivered

to all counsel. No document longer than ten pages may be faxed without prior

permission. Documents faxed must be electronically filed.

3. Motion Practice in Civil Cases

A. Pre-Motion Conference Requests

For discovery motions, follow Local Civil Rules 37.2 and 6.1. In all cases in which

the moving party 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 any motion: (i) pursuant to Fed. R. Civ. P. 12 or

56; (ii) for a change of venue; (iii) to compel arbitration; (iv) to remand a removed

case to State court; and (v) to challenge expert testimony under Daubert v. Merrell

Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993).

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

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

anticipated motion. Letter motions should be filed using the motion event via ECF.

Except for pro se litigants, all parties so served shall serve and file a letter response,

not to exceed three (3) pages within seven (7) days from service of the notification

letter. Letter responses should be filed using the letter, and not the motion, event.

Service of the letter motion within the time requirements of Fed. R. Civ. P. 12 or 56,

or any other applicable filing or service deadline, shall constitute timely service of a

motion made pursuant to those provisions.

In many cases, it will be apparent from the letter motion that a conference will not be

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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. However, if a party advises the Court in its pre-

motion argument request that an attorney with five years or less of experience

as a licensed attorney will be representing the party at the conference, the Court

will schedule a pre-motion conference.

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

enumerated. For example, letter motions 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. See,

e.g., Bowles v. Russell, 551 U.S. 205, 206–08 (2007) (holding no jurisdiction exists

over appeal filed within time permitted by district court but outside time provided

by Fed. R. App. P. 4(a)(6)).

B. 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, not including exhibits, appendices or

attachments, and reply memoranda are limited to ten pages, not including exhibits,

appendices or attachments.

C. Briefing Schedule

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

approval. If the parties cannot agree on a schedule, the moving party will submit a

proposed schedule to the Court for approval, indicating the opposing party’s non-

consent or objection. Approval may be given at the pre-motion conference or by

ECF order. No changes to the schedule may be made without court approval.

D. Filing of Motion Papers

As a courtesy to the Court, the parties are encouraged not to file their motion

papers until the motion has been fully briefed, unless doing so might cause a

party to miss a statutory deadline. See Weitzner v. Cynosure, Inc., 802 F.3d 307,

314 n.8 (2d Cir. 2015); see, e.g., Bowles v. Russell, 551 U.S. 205, 206–08 (2007)

(holding no jurisdiction exists over appeal filed within time permitted by district

court but outside time provided by Fed. R. App. P. 4(a)(6)). If the parties follow this

practice, the notice of motion (or opposition/reply) and all supporting papers are to

be served on the other parties along with a cover letter setting forth whom the filer

represents and the papers being served. Only a copy of the cover letter should be

filed electronically, as a letter, not as a motion. On the day the motion is fully briefed,

each party shall electronically file its own moving papers, except where the non-

moving party is pro se, in which case the moving party shall file both parties’

papers. However, this practice does not apply to motions for reconsideration,

Social Security and bankruptcy appeals, or motions for preliminary relief, e.g.,

motions for preliminary injunctions or temporary restraining orders. The

submissions for these motions or appeals should be filed on the dates they are

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due under Local Civil Rules 6.3 and 6.1 or the briefing schedule set by the Court,

respectively.

As set forth in Section 1.D, parties shall deliver to chambers one (1) courtesy hard

copy of their motion papers filed on ECF that are fifty (50) pages in length or more,

including any exhibits or attachments. Parties are encouraged to use double-sided

printing for their courtesy copies. The courtesy copy should be a reproduction of the

document as filed on ECF, with the ECF numbering appearing at the top of the page.

The emailing of such submissions in PDF to chambers or the courtroom deputy does

not satisfy this requirement.

Furthermore, in cases involving a pro se non-moving party, where that party’s motion

papers exceed 50 pages, the moving party shall provide chambers with one courtesy

paper copy of the pro se non-moving party’s motion papers.

E. Oral Argument on Motions

Parties may request oral argument, but must do so by separate letter or motion. The

Court will determine whether argument will be heard and, if so, will advise counsel

of the argument date and time. However, if a party advises the Court in its oral

argument request that an attorney with five years or less of experience as a

licensed attorney will be presenting the party’s argument, the Court will

schedule an oral argument.

F. Summary Judgment on Motions Against Pro Se Litigants

In any case where a summary judgment motion is filed against a pro se litigant, the

moving party is directed to comply with the notice required by Local Civil Rule 56.2.

G. 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.

4. Pretrial Procedures in Civil Cases

A. Joint Pretrial Orders

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

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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,

without reciting evidentiary matters but 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. Consent to Trial by a Magistrate Judge: A statement as to whether or not

all parties have consented to trial of the case by a magistrate judge. The

statement shall not identify which parties have or have not consented.

vii. 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.

viii. 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.

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

x. 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 should not include exhibits that a party intends to use solely for

impeachment and/or rebuttal purposes. Copies of statements proposed to

be read to the jury as “learned treatises” under Fed. R. Evid. 803(18) shall

be listed as exhibits. 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 to be offered by any other

party. 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. Only exhibits listed will

be received in evidence except for good cause.

xi. Motions in Limine: A list of motions in limine each party intends to file

(pursuant to the deadline set forth in Par. 4.B. below), with a brief

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description of the nature of each such motion.

The Pretrial Order will use a uniform font type and size throughout. The Pretrial Order

shall be prepared under the supervision of the assigned magistrate judge in

accordance with the schedule set by the magistrate judge. The parties are directed to

cooperate with each other in the preparation of the joint Pretrial Order. The Pretrial

Order controls the subsequent course of the action unless the order is modified by

consent of the parties and the Court, or by order of the Court to prevent manifest

injustice.

B. Filings Prior to Trial

Unless otherwise ordered by the Court, each party shall file fourteen (14) days

before the commencement of trial motions addressing any evidentiary or other

issues which should be resolved in limine.

Unless otherwise ordered by the Court, requests to charge, proposed verdict sheets

and proposed voir dire questions in jury cases should be submitted no later than the

Wednesday 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. The parties should endeavor to agree upon the requests to charge, to

the extent possible, and must submit a single, joint document setting forth all agreed-

upon requests to charge and, where no agreement is reached, each party’s proposed

charge and/or one party’s proposed charge with an explanation of the other party’s

objection to that charge. Word-processing files of proposed charges should be

submitted to chambers pursuant to Section 1.E of this document.

5. Criminal Cases

A. Adjournment Requests

Requests to adjourn any in-court proceeding shall be made at least two (2) business

days in advance, and in the case of sentencing, at least five (5) business days in

advance.

B. Sentencing Submissions

Defense counsel shall file any application regarding sentencing at least five (5)

business days prior to the date of sentencing.

The Government shall respond to the defense’s sentencing submission, or make any

other application regarding sentencing, at least two (2) business days before the date

of sentencing.

C. Courtesy Hard Copies

Any sentencing submission in excess of fifty (50) pages, including attachments or

exhibits, in addition to being filed electronically, shall be simultaneously provided

to the Court in hard copy. The emailing of sentencing submissions in PDF to

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chambers or the courtroom deputy, does not satisfy this requirement.

6. Rules to Encourage the Participation of Younger Lawyers In Court

As reflected above (see Sections 3.A and 3.E), the Court strongly encourages the

parties to permit less experienced attorneys to play an important role at all stages of

a case, e.g., making presentations and argument, and examining witnesses, at

conferences, hearings, oral arguments, and at trial.

7. Pronouns and Honorifics

The parties and counsel are encouraged to advise the Court if they would like to be

addressed with a particular pronoun and/or honorific, e.g., “Mr.,” “Ms.,” etc. People

appearing before this Court may do so in writing and when appearing for conferences,

hearings, or trials by speaking to the courtroom deputy. Attorneys are encouraged to

identify their pronouns in their signature lines when submitting documents for filing.

All parties and counsel are instructed to address each other in all written documents

and Court proceedings by those pronouns and/or honorifics previously identified.

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