Hon. Steven I. Locke — Individual Rules of Practice

INDIVIDUAL MOTION PRACTICES OF

MAGISTRATE JUDGE STEVEN I. LOCKE

100 Federal Plaza

Central Islip, NY 11722

Courtroom 820

Contact: Criminal matters: Kristin Gandiosi at (631) 712-5724

Civil matters: Law Clerks at (631) 712-5720

THESE INDIVIDUAL RULES ARE IN EFFECT AS OF JULY 13, 2023

1. Electronic Case Filing (ECF)

A. All documents in civil actions MUST be filed electronically, with the limited exception

stated in paragraph 1(F), infra. Litigants proceeding pro se are exempt from ECF

requirements. Information about ECF procedures, including the ECF User’s Guide, is

available on the Eastern District Website [http://www.nyed.uscourts.gov]. For questions

regarding ECF filing please call (718) 613-2571.

B. All orders issued by Judge Locke will be transmitted electronically. Hard copies will not

be mailed to attorneys. Accordingly, attorneys are responsible for keeping their e-mail

addresses current with the Clerk’s Office. Hard copies will be mailed to pro se litigants,

who are responsible for keeping their mailing addresses current with the Clerk’s Office.

C. Any letter to Judge Locke requesting Court intervention, including those sent pursuant to

Local Civil Rules 37.1 and 37.3 or requesting an adjournment or extension of discovery

deadlines, must be electronically docketed under “Motions” and not under “Other

Documents” as a “Letter.”

D. Filing Documents under Seal. Documents may not be filed under seal without prior

permission of the Court. For further instructions, see “Steps for E-filing Sealed

Documents,” www.nyed.uscourts.gov/cmecf-documentation. Questions regarding these

procedures should be directed to the Clerk’s Office.

E. Hard copies of the following electronically filed papers must be sent to Chambers:

i. Letter Motions with exhibits or attachments exceeding 15 pages in total.

ii. Referred motions or motions on notice made to Judge Locke. Such papers

must be clearly marked “Courtesy Copy” and indicate the ECF-assigned

docket number. See Rule 4(C)(iv), infra, for further requirements.

Hard copies of any other electronically filed papers should not be sent to Chambers.

F. Ex parte settlement statements required by the Court should not be electronically filed.

These statements may be emailed to Courtroom Deputy Kristin Gandiosi at

kristin_gandiosi@nyed.uscourts.gov.

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2. Communications with Chambers

A. Telephone Calls. Telephone calls to Chambers are permitted. All questions regarding

criminal matters should be directed to Kristin Gandiosi at (631) 712-5724. Other questions

should be directed to the main Chambers number, (631) 712-5720. If a call concerns a

request for relief, all parties must be present. If the parties are calling from a deposition,

they should have the court reporter present to record any rulings.

B. Requests for Adjournments or Extensions of Time. All requests for adjournments or

extensions of time must be made in writing and filed electronically as motions at least

two business days prior to the scheduled appearance, absent an emergency. Requests

for adjournments or extensions must state the date of the original conference or deadline,

the reason an adjournment or extension is needed, whether all parties consent (and

reason(s) for withholding consent), and the number of prior adjournments or extensions.

Requests to adjourn a court proceeding must list at least three alternative dates when all

parties are available. Requests for extensions must establish good cause for the relief

sought and must include a proposed amended scheduling order where appropriate.

Requests for both adjournments and extensions of time must be filed electronically as

“Motions.” See Rule 1(C), supra. Do not mail courtesy copies of these requests to

Chambers.

3. Conferences

A. All conferences before Judge Locke are conducted in person in Room 820 of the Central

Islip Courthouse. For represented parties, responsible counsel must be present. Absent

exceptional circumstances, appearances by phone are not permitted. If an attorney or party

is going to be late to a conference due to extenuating circumstances, the delayed individual

must contact his or her adversary, and if the adversary is unavailable, the Court, and advise

of the delay and expected arrival time.

B. Status Conferences. It is Judge Locke’s practice to schedule a status conference after the

first round of document discovery is exchanged. If, at the time of the status conference,

the parties have no issues that require the Court’s attention, the parties may write a joint

letter to the Court explaining the status of the case and requesting that the status conference

be cancelled. This letter should be electronically filed as a “Motion.” See Rule 1(C), supra.

C. Settlement Conferences. Judge Locke is available to conduct settlement conferences as

appropriate subject to the following practices. The parties should write a joint letter to the

Court requesting a settlement conference. The letter should contain three dates when all

attorneys AND parties are available. The Court will then select the first available of the

designated dates that best fits the Court's schedule. All attorneys and parties must appear

in person for settlement conferences. For corporate and similar entities, including

governmental entities, someone with authority must be present. Prior to the settlement

conference the parties must engage in one round of negotiations with a demand and

response. Three days prior to the settlement conference, the parties should email an ex

parte pre-conference letter to Judge Locke’s Courtroom Deputy, Kristin Gandiosi, at

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kristin_gandiosi@nyed.uscourts.gov. The letter should address the facts as each party

understands them, any case law the parties want to bring to the Court’s attention, the history

of settlement negotiations, and a realistic assessment of the party’s settlement position.

4. Motions

A. Discovery or Other Non-Dispositive Motions.

i. Letter Motions: discovery or other non-dispositive motions may be made

by letter motion, pursuant to Local Civil Rules 37.1 and 37.3, and filed

electronically as a “Motion.” See Rule 1(C), supra. Parties must make a

good faith effort to resolve disputes in person or by telephone, before

making a motion. See Local Civil Rule 37.3 (a). Letter motions may not

exceed three pages in length, exclusive of attachments. A response in

opposition not exceeding three pages in length, exclusive of attachments,

must be served and filed within four days. Replies are not permitted on

letter motions. All letters must use one-inch margins, single spacing, and

12 point font. No pre-motion conference is required.

ii. Motions on Notice: Although parties are encouraged to make discovery and

other non-dispositive motions by letter pursuant to Local Rule 37.3, such

motions may be made on notice pursuant to Local Civil Rule 6.1 and must

comply with paragraph 4(C), infra. No pre-motion conference is required.

B. Dispositive Motions. Dispositive motions, such as motions to dismiss and motions for

summary judgment, must be made to the presiding District Judge, in conformance with his

or her individual rules, unless the parties have consented to Judge Locke’s jurisdiction for

all purposes in accordance with 28 U.S.C. §636 (c)(1).

C. General Motion Practices for Motions on Notice Made to Judge Locke.

i. Service of Motions: Unless otherwise directed by the Court, motion papers

shall be served in accordance with Local Civil Rule 6.1.

ii. Filing of Motions with the Court: With the exception of the motions set

forth in paragraph 4(C)(vi), infra, all motions are subject to the “Bundle

Rule,” that is, no motion papers shall be filed with the Court until the motion

is fully briefed by both sides and exchanges of all papers have been made.

All motion papers should be filed electronically on the same filing date, and

the moving party is responsible for the filing of all motion papers.

Parties are advised that compliance with district court motion rules does not

excuse noncompliance with Fed. R. App. P. 4. See, e.g., Camacho v. City

of Yonkers, 236 F.3d 112 (2d Cir. 2000).

iii. Memoranda of Law: Legal argument must be set forth in a memorandum

of law. Unless prior permission has been granted, memoranda of law in

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support of and in opposition to motions on notice 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. Case citations set forth in the body

of the memoranda of law must contain pinpoint cites. All memoranda of

law must use one inch margins, double spacing, and 12 point font.

Affidavits or affirmations containing legal argument will be rejected. See

Local Civil Rule 7.1(a). Any memoranda, affidavits, or affirmations not

complying with the requirements set forth herein will be rejected.

iv. Courtesy Copies: After electronic filing, one hard copy of the motion

papers shall be submitted to Judge Locke. Courtesy copies of dispositive

motions made to the District Judge should not be provided to Judge Locke

unless such motions have been referred to him. Courtesy copies must

comply with the following requirements: (a) copies of all papers must be

clearly marked as “Courtesy Copy” and indicate the ECF-assigned docket

number(s), and (b) exhibits must have tabbed dividers that protrude beyond

the edges of the page at either the bottom or side of the papers.

v. Oral Argument on Motions: Parties may request oral argument. The Court

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

counsel of the argument date.

vi. Motions Excepted from the Bundle Rule: The following motions are not

subject to the Bundle Rule:

a. Motions for admission pro hac vice

b. Motions for reconsideration pursuant to Local Civil Rule 6.3 of orders

issued by Judge Locke

c. In cases on consent to Judge Locke, motions pursuant to Fed. R. Civ. P.

50, 52, 59 or 60, motions pursuant to Fed. R. App. P. 4(a)(5), and motions

brought by order to show cause

D. Summary Judgment Motions in Cases on Consent to Judge Locke.

i. In cases where all parties are represented by counsel:

Any party planning to make a motion for summary judgment must notify the Court

of its intention by electronically filing a letter that (a) briefly states the basis for the

motion and (b) sets forth a proposed briefing schedule agreed to by the parties. No

pre-motion conference is necessary. The Court will then issue an order either

approving the parties’ proposed briefing schedule or setting a new one. Service

and Filing requirements are set forth in Rule 4 (C)(i-ii), supra.

The movant must serve a Rule 56.1 Statement pursuant to Local Civil Rule 56.1; a

Notice of Motion; an initial memorandum of law; and appropriate supporting

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documentation. The opponent must serve a Rule 56.1 Counterstatement pursuant

to Local Civil Rule 56.1; a memorandum of law in opposition; and appropriate

supporting documentation. The paragraphs in the Counterstatement must

correspond to the paragraphs in the movant’s Statement. The movant may then

serve a Reply Memorandum of Law. All documents must comply with the

requirements set out in Rule 4(C), supra, and in Local Civil Rule 56.1. Any

documents that do not comply will be rejected.

ii. In cases where one or more of the non-movants is appearing pro se:

Where the party moving for summary judgment is represented by counsel and one

or more of the non-movants is appearing pro se, the parties must follow the same

steps set forth above in Rule 4(D)(i), plus, the movant must also serve on the pro

se party or parties a Notice Pursuant to Local Civil Rule 56.2, and must include a

copy of that Notice in the moving papers.

E. Social Security Appeals on Consent to Judge Locke. Consistent with the dictates of Fed.

R. Civ. P. 1, which requires the construction of all applicable rules “to secure the just,

speedy, and inexpensive determination of every action and proceeding,” as well as this

district’s Administrative Order 2015-05 (“In re: Scheduling in Social Security Cases”)

(“AO”), the following shall apply in all Social Security disability appeals assigned to

Magistrate Judge Locke on consent of the parties:

i. In all cases in which the plaintiff is represented by counsel, along with its

motion for judgment on the pleadings, as required by AO(ii)(A), the

plaintiff shall provide a “Statement of Contentions.” This statement,

conceptually similar to that required for summary judgment motions by

Local Rule 56.1, shall set forth a separate, short, and concise statement, in

numbered paragraphs, the contentions of the plaintiff as to the alleged legal

errors in the Secretary’s determination and/or the specific findings of the

decision of the Administrative Law Judge (“ALJ”) that, the plaintiff

contends, is not supported by substantial evidence. Failure to submit such a

statement may constitute grounds for denial of the motion, and failure to

identify a legal error or finding unsupported by substantial evidence may be

deemed a waiver of such argument. See Selian v. Astrue, 708 F.3d 409, 420

(2d Cir. 2013) (discussing forfeiture of arguments not presented to district

court); Estrella v. Berryhill, 925 F.3d 90, 98 (2d Cir. 2019) (“claimants in

Social Security cases must preserve legal arguments—not necessarily

factual ones”).

ii. The responsive papers filed by the defendant, as required by AO(ii)(B),

shall include an “Opposing Statement of Contentions,” containing

correspondingly numbered paragraph responding to each numbered

paragraph in the statement of the moving party. The failure to include such

an opposing statement may result in the striking of the opposition to the

motion.

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iii. Each contention by the movant and opponent made pursuant to this rule

must be followed by pinpoint citations to the administrative record,

identifying evidence supporting and/or rebutting each said contention. By

way of example, if plaintiff contends that the ALJ failed to properly assess

the plaintiff’s residual functional capacity, the Statement of Contentions

should identify with particularity the aspects of the plaintiff’s purported

disability which were disregarded by the ALJ along with specific page

citations identifying evidence supporting this claim. The Government, in

turn, in its Opposing Statements should provide citations identifying the

evidence which it believes the ALJ properly relied upon in reaching a

determination as to those specific findings.

iv. Consistent with this Court’s individual rules, the following scheduling order

will be entered in Social Security disability appeals assigned to Judge

Locke: Defendant will obtain and serve upon the Plaintiff but not file the

administrative record of the proceedings within 60 days of the date that this

Order is docketed. Defendant’s answer to the complaint is waived. Within

45 days from the filing of the record, plaintiff shall serve but not file upon

defendant a motion for judgment on the pleadings. Within 45 days from the

receipt of plaintiff’s motion, defendant shall serve but not file upon plaintiff

its cross-motion. Any party wishing to file a reply memorandum of law shall

serve such reply memorandum of law within 30 days of the receipt of the

opposing memorandum of law. On that day, the movant(s) shall

electronically file the entire set of motion papers, statement of contentions,

and the administrative record with the Court in accordance with the

“bundling rule.” After electronic filing, the movant(s) shall mail to the Court

one hard copy of all motion papers marked as “Courtesy Copy” as per the

undersigned’s individual rules. Defendant shall mail to the Court one hard

copy of the Administrative Record.

5. Pretrial Procedures in Cases on Consent to Judge Locke

A. Joint Pretrial Orders. On the date specified in the scheduling order, the parties shall submit

a joint pretrial order that includes the following:

i. the full caption of the action;

ii. 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

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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 that 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. any stipulations or agreed statements of fact or law that have been agreed to

by all parties;

vii. a list by each party as to the fact and expert witnesses whose testimony is to

be offered in its case in chief, indicating whether such witnesses will testify

in person or by deposition. Only listed witnesses will be permitted to testify

except when good cause is shown;

viii. 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; and,

ix. a pretrial memorandum, including citations to case law and/or the record as

appropriate.

x. 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

must also include possible impeachment documents and/or exhibits, as well

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

B. Filings Prior to Trial. Unless otherwise ordered by the Court, each party shall

electronically file, at least two weeks before the date of commencement of trial:

i. fully briefed motions in limine, if any;

ii. 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.

Proposed requests to charge must also be submitted in Word format by e-

mail to the Courtroom Deputy: kristin_gandiosi@nyed.uscourts.gov;

iii. in jury cases, by claim, a detailed statement regarding damages and other

relief sought;

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iv. 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;

v. in any case where such party believes it would be useful, a pretrial

memorandum; and

vi. one copy of all exhibits, pre-marked in binders.

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