Hon. Vera M. Scanlon — Individual Rules of Practice

the Court’s Docket Section at (718) 613-2610. To schedule ECF training, contact

(718) 613-2312. For ECF technical help, contact (718) 613-2290.

e. Courtesy copies should only be provided upon request of the Court. No courtesy

copies of dispositive motions made to the assigned District Judge need be provided to

Judge Scanlon, unless the motion is referred to Magistrate Judge Scanlon or the

District Judge’s rules so require.

f. If a time-sensitive submission is made on ECF, the filing party may also fax it to

Chambers at (718) 613-2305. If a submission is faxed to Chambers for this reason,

the filing party must also send the fax to all other parties. If a time-sensitive matter

has been filed on ECF and faxed to Chambers, but has not been decided, counsel may

call Chambers at (718) 613-2300 to note its pendency.

g. Particular documents may not be suited for ordinary ECF filing. Magistrate Judge

Scanlon will make this designation when appropriate. For example, parties may file

documents electronically under seal provided they first file a letter motion for leave to

do so and obtain the Court’s permission.

II. Communications with Chambers:

a. Telephone Calls and Case-Related Inquiries:

Generally speaking, parties should only call Chambers with emergencies or

exceptionally time-sensitive requests that cannot be addressed per Rule I(f), above. A

party telephoning Chambers must state whether it obtained the consent of all other

parties for any request being made.

b. Request for Adjournments or Extensions of Time: All requests for adjournment of

conferences or extensions of time must be filed as motions on ECF no later than 2

business days in advance of the conference date or deadline (and for settlement

conferences, no later than 7 business days in advance), and state the following:

1) The original date of the conference and/or deadline;

2) The number of previous requests for adjournment or extension, and whether

these previous requests were granted or denied;

3) Whether the adversary consents and, if not, the reasons given by the adversary

for refusing to consent;

4) The reason for the adjournment request;

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5) At least three suggested adjournment dates that suit all parties (even if the

adversary does not consent, the moving party should inquire as to viable

adjournment dates in the event the Court grants his/her request); and

6) If the requested adjournment or extension affects any other scheduled dates, a

proposed revised scheduling order must be attached.

III. Motions

a. Pre-Motion conferences are not required for any motions submitted to Magistrate

Judge Scanlon. As a general matter, all non-dispositive pretrial motions are to be

made to Magistrate Judge Scanlon.

b. Discovery or Other Non-Dispositive Motions: Litigants shall make discovery or

other non-dispositive motions by letter motion, in accordance with Rule I(b), above.

A letter motion must be filed electronically as a motion, not as a letter, and may not

exceed four pages in length, exclusive of attachments. A response not exceeding four

pages in length, exclusive of attachments, must be served and filed within three

business days of receipt of the letter motion. Replies are not permitted on letter

motions. To the extent the parties are able to raise their discovery issues in a joint

letter, they should do so. A joint letter may be up to ten pages long.

Parties must make a good faith effort, pursuant to the Federal and Local Civil Rules

to resolve disputes before making a motion.

c. 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 Magistrate

Judge Scanlon’s jurisdiction in accordance with 28 U.S.C. § 636(c)(1).

If the parties have so consented, the following rules apply to dispositive motions:

1) Compliance with Local Rules: All motions for summary judgment must

comply with Rule 56 of the Federal Rules of Civil Procedure as well as Local

Civil Rule 56.1. If the non-movant is proceeding pro se, the movant must also

comply with Local Civil Rule 56.2. Any represented party moving to dismiss

or for judgment on the pleadings against a party proceeding pro se must

comply with Local Civil Rule 12.1.

2) Schedule: The parties are to set their own briefing schedule which is to be

submitted to the Court for approval. No revisions to the schedule will be made

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without the Court’s approval. The briefing schedule must provide that the

moving papers be served by the date for a dispositive motion set in the

discovery schedule.

3) Memoranda of Law: Memoranda of law in support of and in opposition to

motions on notice are limited to 25 pages, and reply memoranda are limited to

10 pages, unless permission for additional pages is granted by the Court. See

generally Local Civil Rule 7.1.

4) Fully Briefed Motions: Motion papers may only be filed with the Court when

the motion has been fully briefed. The movant shall be responsible for filing

all of the motion papers no more than two days after the date the reply brief is

scheduled to be served. A party may, but need not, file a letter with the Court

noting that its motion papers have been served. Such a letter should not be

filed as a motion. Notwithstanding this individual rule, upon notice to the

Court and all parties, a party may file a motion before briefing is

completed if waiting to file a fully briefed motion would result in the loss

of an appellate or other right. For example, motions pursuant to FRCP

50, 59 and 60 must filed within the time requirements set forth in those

rules; counsel should be aware that the Court of Appeals will not accept

an argument that compliance with the District Court or Individual

Judge’s Rules should excuse noncompliance with FRAP 4.

5) Courtesy Copies: After electronic filing, one hard copy of the motion papers,

marked as “Courtesy Copy,” should be submitted to Magistrate Judge

Scanlon. Bound exhibits must be tabbed.

6) Oral Argument: When filing a dispositive motion, the parties should indicate

by cover letter whether they wish to have oral argument. The Court will

inform the parties if and when oral argument will be held.

IV. Pretrial Procedures in Cases to Be Tried Before Magistrate Judge Scanlon

a. Joint Pretrial Orders: On the date specified in the scheduling order, the parties shall

submit a joint pretrial order which includes the following:

1) The full caption of the action;

2) The names, addresses (including firm names), telephone and fax numbers of

trial counsel;

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3) A brief statement as to the basis of subject matter jurisdiction or its absence.

Such statements shall include citations to all statutes relied on and relevant

facts as to citizenship and jurisdictional amount;

4) A brief summary by each party of its claims and defenses that remain to be

tried. Such summary shall include citations to all statutes on which the party is

relying, but it shall not include reference to evidentiary matter. Such summary

shall identify all claims and defenses previously asserted which are not to be

tried;

5) 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;

6) Any stipulations or statement of facts that have been agreed to by all parties;

7) 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. Only listed witnesses will be permitted to testify

except for good cause shown;

8) 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

9) A list of exhibits to be offered in evidence and, if not admitted by stipulation,

the party or parties who will be offering them. Where possible, the schedule

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

as exhibits that will be offered only in 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. Failure to object in the

pretrial order waives all objections at trial, except objections as to relevance.

Parties are expected to resolve before trial all issues of authenticity, chain of

custody, and related grounds. Only the 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 to Magistrate Judge Scanlon at least 10 days before

trial.

b. Filings Prior to Trial: Unless otherwise ordered by the Court, the parties shall

submit via ECF the following:

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1) At least 15 days prior to the commencement date of trial: proposed voir dire

questions; proposed verdict form; and requests to charge. Requests to charge

should be limited to the elements of the claim, the damages sought, and

defenses. General instructions will be prepared by the Court. Proposed jury

charges must also be emailed to Scanlon_Chambers@nyed.uscourts.gov in

Microsoft Word or WordPerfect format.

2) At least 7 days prior to the commencement date of trial: fully briefed motions

in limine. All motions addressing any evidentiary or other issues should be

resolved in limine.

V. Settlement Procedures

a. If the parties would like to schedule a settlement conference with the Court, they may

make a joint request by letter motion on ECF and include at least three dates on which

all counsel and parties with full settlement authority are available to attend in person.

b. Unless otherwise ordered by the Court, at least a week before a scheduled settlement

conference, each party must submit an ex parte letter describing the party’s settlement

position, assessment of the strengths and weaknesses of the case, and the history of

settlement negotiations. The letter may be submitted by email to

Scanlon Chambers@nyed.uscourts.gov. The parties with full settlement authority

are expected to attend the settlement conference.

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