Hon. Robert W. Lehrburger — Individual Rules of Practice

As of September 30, 2025

INDIVIDUAL PRACTICES IN CIVIL CASES

ROBERT W. LEHRBURGER, UNITED STATES MAGISTRATE JUDGE

Chambers Courtroom

500 Pearl Street, Room 1960 500 Pearl Street, Room 18D

United States Courthouse United States Courthouse

New York, NY 10007 Southern District of New York

Tel: (212) 805-0248 New York, New York 10007

Lehrburger_NYSDChambers@nysd.uscourts.gov Deputy Clerk: Ms. Rupa Shah

Introduction

Cases come before magistrate judges in one of two ways: for specific purposes pursuant

to an order of reference by the assigned district judge, or, for all purposes on consent of

the parties. Consent to jurisdiction of the Magistrate Judge has a number of benefits,

including ready access to the judge and a reliable trial date calendared well in advance.

The reason for this is that magistrate judge dockets have few criminal cases, which

otherwise take precedence over civil proceedings and trials. Prior to taking the bench in

2017, Judge Lehrburger litigated and tried a wide range of cases for 27 years and well

understands the concerns of civil litigation attorneys and their clients. If counsel jointly

wish to consent to have Judge Lehrburger hear their case for all purposes, the necessary

form is at https://nysd.uscourts.gov/hon-robert-w-lehrburger.

Unless otherwise ordered by Judge Lehrburger, matters before him, whether for all

purposes or by specific reference, shall comply with the following practices.

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I. Communications with Chambers

A. Letters. In general, communications with the Court should be by letter.

Except as provided below, all letters should be filed electronically on ECF

(i.e., Electronic Case Filing), without email or other copy to Chambers.

1. Represented Parties. The following types of letters should be

emailed to Chambers as a .pdf attachment:

● Letters filed by counsel under seal;

● Ex parte settlement letters;

● Letters otherwise containing confidential information.

In pro se cases, unless the pro se party has filed a fully executed

Consent To Electronic Service form, counsel for the represented

party must serve the pro se party with a paper copy of any legal

document that is filed on ECF or emailed to the Court and must

separately file proof of service.

2. Unrepresented Pro Se Parties. By Standing Order, a pro se party

must mail or email all communications with the Court to the Pro Se

Intake Unit located at 500 Pearl Street, Room 200, New York, NY

10007, ProSe@nysd.uscourts.gov. A pro se party may not call

Chambers or send any document or filing directly to Chambers.

Unless the Court orders otherwise, all communications with the Court

will be docketed upon receipt; such docketing shall constitute service

on any user of the ECF system. If any additional unrepresented party

has not filed a fully executed Consent To Electronic Service form, a

pro se party must mail or deliver copies of any filing to that party and

include proof of service affirming that he or she has done so. Copies

of correspondence between a pro se party and opposing parties

should not be sent to the Court.

Any non-incarcerated pro se party who wishes to participate in

electronic case filing (“ECF”) must file a Motion for Permission for

Electronic Case Filing, available in the Pro Se Intake Unit or at

https://nysd.uscourts.gov/prose. Any non-incarcerated pro se party

who wishes to receive documents in their case by email instead of

by regular mail may consent to electronic service by filing a Pro Se

(Non-prisoner) Consent & Registration Form to Receive Documents

Electronically, available in the Pro Se Intake Unit or at

https://nysd.uscourts.gov/prose.

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3. Page Limit for Letters. Letters may not exceed 3 single-space

pages in length (exclusive of exhibits).

4. Letters Between Parties. Letters solely between parties or their

counsel or otherwise not addressed to the Court may not be filed on

ECF or otherwise sent to the Court (except as exhibits to an

otherwise properly filed document).

B. Hand Deliveries. Hand-delivered mail should be left with the Court Security

Officers at the Worth Street entrance of 500 Pearl Street and may not be

brought directly to Chambers. If the hand-delivered letter is urgent and

requires immediate attention, ask the Court Security Officers to notify

Chambers that an urgent package has arrived.

C. Telephone Calls: For administrative, scheduling, and calendar matters

that do not request a ruling from the Court, Chambers may be called

between 9:00 a.m. and 4:00 p.m.

D. Requests for Adjournments or Extensions of Time. All requests for

adjournments or extensions of time must be filed on ECF as letter motions.

The letter motion must state: (i) the originally scheduled due date(s); (ii) the

number of previous requests for adjournment or extension of the matter at

issue; (iii) whether those previous requests were granted or denied; and (iv)

whether all parties consent, and if not, the reasons given for refusing to

consent. If the adjournment concerns a conference to be rescheduled, the

letter motion must also provide multiple dates when all counsel are

available. Absent good cause, any request for extension or adjournment

shall be made at least 48 hours before the deadline or scheduled

appearance.

E. ECF. In accordance with the S.D.N.Y. Electronic Case Filing Rules and

Instructions, counsel are required to register as ECF filers and to enter an

appearance in the case. Instructions are available on the Court website, at

https://nysd.uscourts.gov/electronic-case-filing. Counsel are responsible

for checking the docket sheet regularly, regardless of whether they receive

an ECF notification of case activity. For questions about ECF rules and

procedures, contact the ECF help desk at (212) 805-0800.

II. Case Management and Discovery

A. Initial Case Management Conference. The Court will issue an order

scheduling the initial case management conference. The parties must meet

and confer and then file a joint Report of Rule 26(f) Conference and

Proposed Case Management Plan and Scheduling Order no later than one

week before the initial case management conference. The parties should

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use the template form for the Report of Rule 26(f) Conference and Proposed

Case Management Plan and Scheduling Order available at:

https://nysd.uscourts.gov/hon-robert-w-lehrburger. In pro se cases, if

attempts to meet and confer are unsuccessful or not feasible, then each

party may submit their own Report and Proposed Case Management Plan

and Scheduling Order.

Lead counsel for the parties are expected to attend the Initial Case

Management Conference. In most instances, the Initial Pretrial Conference

will be held remotely, although the Court may order otherwise.

B. Electronic Discovery. The parties are encouraged to use the model Joint

Electronic Discovery Submission and Proposed Order found at

https://nysd.uscourts.gov/hon-robert-w-lehrburger.

C. Confidentiality Stipulations and Orders. In cases where confidential

information will be exchanged, the parties may submit a proposed

confidentiality stipulation and order. Any such proposed stipulation and

order must adopt by reference, or contain provisions consistent with, the

procedures governing Redactions and Filings Under Seal set forth as the

Appendix to these Rules.

If a party expects to have responsive discovery material they deem

confidential, they must proceed promptly with proposing the terms of a

confidentiality stipulation and order, and all parties must negotiate the terms

in good faith so that the absence of a confidentiality stipulation and order

does not delay production of discovery material.

D. Discovery Disputes. Parties shall follow S.D.N.Y. Local Rule 37.2 with the

following modifications. Any party wishing to raise a discovery dispute with

the Court must first meet and confer in good faith with the opposing party,

in person or by telephone or video conferencing, in an effort to resolve the

dispute. If this meet-and-confer process does not resolve the dispute, the

party may file a letter motion with the Court or, if applicable, to the Pro Se

Intake Clerk, no longer than 3 single-space pages, explaining the nature of

the dispute and requesting a conference. Such letter must include a

representation that the meet-and-confer process occurred, including when

and whether it was in person or over the telephone. Any responsive letter

should be submitted within 3 business days following submission of the

letter motion. The Court retains discretion to rule on the dispute based on

the parties’ letter submissions, without more formal briefing, and with or

without a conference. If any party believes that more formal briefing is

warranted, that party must make a separate application to the court

explaining why more formal briefing is warranted.

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Parties shall keep in mind Rule 1 of the Federal Rules of Civil Procedure,

which requires the Court and the parties to construe, administer, and

employ the rules of procedure to secure the just, speedy, and inexpensive

determination of every action. Parties also shall keep in mind Rule 26(b)(1)

of the Federal Rules of Civil Procedure, which provides that “[p]arties may

obtain discovery regarding any non-privileged matter that is relevant to any

party’s claim or defense and proportional to the needs of the case,

considering the importance of the issues at stake in the action, the amount

in controversy, the parties’ relative access to relevant information, the

parties’ resources, the importance of the discovery in resolving the issues,

and whether the burden or expense of the proposed discovery outweighs

its likely benefit.” Discovery motions should address these rules to the

extent applicable.

III. Motions

A. All motions and moving papers filed on ECF or emailed to chambers shall

be in searchable PDF form.

B. Letter Motions. Letter motions should be filed via ECF and comply with

the S.D.N.Y. Local Rules and the S.D.N.Y. Electronic Case Filing Rules and

Instructions. Letter motions are limited to 3 single-space pages (not

including exhibits). Any responsive letter should be submitted within 3

business days following submission of the letter motion. Parties must file

as letter motions the following:

• Requests for adjournments or extensions of time;

• Requests for pre-motion conferences;

• Requests for a settlement conference;

• Discovery disputes, unless permission is granted for more formal

briefing.

C. Motions Under Rule 12(b) or (c). Except in cases involving pro se parties,

if a motion pursuant to Fed. R. Civ. P. 12(b) or 12(c) is contemplated, the

moving party must so inform the plaintiff or counterclaimant and explain the

basis for the anticipated motion. The plaintiff or counterclaimant must then

indicate whether they wish to amend the subject pleading before motion

practice, and the parties must consider in good faith a stipulation permitting

such amendment. If the parties are unable to reach a resolution, the moving

party shall include the following statement in the notice of motion: “This

motion is made following the conference of counsel, which took place on

[date]. Plaintiff [or Counter-Claimant] declined an opportunity to amend.”

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D. Pre-Motion Conferences. For motions concerning discovery disputes, see

Section II.D above. A pre-motion conference with the Court is required for

all other motions except for (i) motions by incarcerated pro se litigants, (ii)

motions for reconsideration, (iii) motions for a new trial, (iv) motions in

limine, and (v) motions required by the Federal Rules of Appellate

Procedure or the Federal Rules of Civil Procedure to be made by a time

certain.

Letters requesting a pre-motion conference should summarize the basis of

the motion and may not exceed 3 pages single-spaced. Within 3 business

days following submission of the requesting letter, each opposing party may

submit a written response of no more than 3 pages. For non-dispositive

motions, the Court retains discretion to rule on the dispute based on the

parties’ letter submissions, without more formal briefing, and with or without

a conference. If any party believes that more formal briefing is warranted,

that party must make a separate application to the court explaining why

more formal briefing is warranted. The filing of a request for a pre-motion

conference to dismiss prior to filing an Answer stays the time for filing an

Answer until after the motion is resolved or further order of the Court,

whichever is earlier.

E. Memoranda of Law. The typeface, text size, margins, and line-spacing of

motion papers must conform to S.D.N.Y. Local Civil Rule 7.1. As to length,

parties must also adhere to the word-count limits of Local Civil Rule 7.1 and

include the required certification. Memoranda of 10 or more pages must

contain a table of contents and a table of authorities, neither of which shall

count against the limits on length. Sur-reply memoranda will not be

accepted without prior permission of the Court. When citing unreported

cases, parties shall use Westlaw citations whenever feasible.

F. Courtesy Copies. The Court does not require courtesy copies.

G. Redactions and Filing Under Seal. The parties must adhere to the

procedures set forth in the Appendix to these Rules.

H. Oral Argument. Requests for oral argument of motions should be made by

letter. Whether oral argument will be held remains in the Court’s discretion.

In some instances, the Court may hold oral argument even if the parties

have not requested it.

I. Specific Time Periods Provided by Federal Rules. Nothing in the Court’s

Individual Practices supersedes a specific time period for filing a motion

specified by statute or Federal Rule – including but not limited to Fed. R.

Civ. P 50, 52, 54, 59, and 60, and Fed. R. App. P. 4 – where failure to

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comply with the specified time period could result in forfeiture of a

substantive right.

IV. Settlement Procedures

See Settlement Procedures For Magistrate Judge Robert W. Lehrburger, posted

at https://nysd.uscourts.gov/hon-robert-w-lehrburger.

V. Pretrial Procedures

The following procedures apply to those cases where the parties have consented

pursuant to 28 U.S.C. 636(c) to have all proceedings, including trial, before Judge

Lehrburger. Absent such consent, the parties should refer to the individual

practices of the district judge.

A. Joint Pretrial Orders in Civil Cases.

1. Unless otherwise ordered by the Court, within 30 days after the date

for the completion of discovery in a civil case or, if a dispositive

motion has been filed, within 30 days after a decision resolving the

motion, the parties shall jointly prepare and file with the court for its

approval a Proposed Pretrial Order.

2. In appropriate cases, the Court may be willing to dispense with

portions of the Pretrial Order, if both sides consent, in order to secure

the just, speedy and inexpensive determination of every action. See

Federal Rule of Civil Procedure 1. The parties should discuss such

requests with each other and then with the Court sufficiently in

advance so that the Proposed Pretrial Order will be filed within the

time frames described above.

B. Contents of the Proposed Pretrial Order.

1. Caption: The full caption of the action.

2. Counsel: The name, address, telephone number and email of each

principal member of the trial team, and identification of each party’s

lead trial counsel.

3. Subject Matter Jurisdiction: A brief statement identifying the basis

for subject matter jurisdiction, and, if that jurisdiction is disputed, the

reasons therefore. Such statement shall include citations to all

statutes relied on and, where diversity is the basis for jurisdiction,

relevant facts as to citizenship and jurisdictional amount.

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4. Claims and Defenses: A list of each claim and defense that will be

tried and a list of any claims and defenses asserted in the pleadings

that are not to be tried. Where applicable, the statements shall

identify citations to relevant statutes relied on.

5. Law: Identification of the governing law for each claim and defense

that will be tried and a brief description of any dispute regarding

choice of law.

6. Damages: With respect to each claim remaining to be tried, a

statement and calculation of the damages claimed, broken down by

element or category (e.g., lost profits, back wages, medical costs,

etc.), and a description of any other relief sought.

7. Length of Trial: The number of days estimated for trial. If the parties

do not agree, each party shall give its estimate and the basis for that

estimate.

8. Fact-Finder: Whether the case is to be tried with or without a jury. If

a jury trial, whether the parties agree to a non-unanimous verdict

pursuant to Federal Rule of Civil Procedure 48.

9. Stipulations: Any agreed-upon stipulations of fact or law.

10. Openings: Requested amount of time for opening statements.

11. Witness Lists: A list by each party of its trial witnesses that it, in

good faith, expects to present on its case in chief, with a statement

of the general subject areas of the witness’s testimony and an

indication of whether the witnesses will testify in person or by

deposition. The witness lists shall also include identification of

rebuttal witnesses that the party may call if needed. Absent good

cause, a party will not be allowed to present a witness not previously

identified on their witness list.

12. Witness Order: A statement as to how and when the parties will give

notice to each other of the order of their trial witnesses.

13. Depositions: Designation by each party of deposition testimony to

be offered in its case, referencing page numbers, with any cross-

designations and objections by any other party. If there is no

objection or cross-designation, the Court will deem the opposing

party to have waived any such objection or cross-designation.

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14. Exhibits: A list by each party of exhibits to be offered in its case. For

any exhibit as to which there is an objection, the party objecting must

briefly specify, next to the listing for that exhibit, the nature of the

party’s objection (e.g., “authenticity,” “hearsay,” “Rule 403”). Any

objection not listed shall be deemed waived. Exhibits not produced

during discovery or otherwise provided to other parties prior to trial

likely will not be allowed for any purpose.

15. Demonstratives: A proposed schedule by which the parties will

exchange demonstratives the parties intend to use at trial, notify

each other of any objections thereto, consult with each other about

those objections, and notify the Court of any remaining disputes.

16. Other Issues: All other matters that the Court may have ordered or

that the parties believe are important to the efficient conduct of the

trial, such as bifurcation or sequencing of issues to be tried.

C. Additional Pretrial Filings in Civil Cases. Unless otherwise ordered by

the Court, the following shall be filed at the same time as the proposed joint

pretrial order:

1. Jury Cases.

a. Each party must file a Trial Memorandum of Law addressing

each issue of law that the party expects to arise at or before

trial.

b. The parties must jointly prepare and submit proposed Jury

Materials consisting of:

● a succinct statement of the case to be read to the

jury panel before voir dire and as an introduction to

jury instructions;

● proposed voir dire questions for prospective jurors;

● proposed jury instructions (with each instruction

separately numbered and beginning on a separate

page); and

● a proposed verdict form.

c. To the extent a party objects to another party’s requested voir

dire questions, jury instructions, or proposed verdict form, that

party must (i) set forth the grounds for the objection and (ii) if

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applicable, propose an alternative (all in the same document

so that the Court can compare the parties’ respective

proposals).

d. All substantive jury instructions, objections, and alternative

proposals must include citation to supporting authority.

e. In addition to ECF-filing voir dire questions, requests to

charge, and verdict sheets, electronic copies must also be

submitted as Microsoft Word documents and sent by email to:

Lehrburger_NYSDChambers@nysd.uscourts.gov.

2. Non-Jury Cases.

a. Each party must file a Trial Memorandum of Law identifying

the issues, summarizing facts and applicable law, and

addressing any evidentiary issues.

b. The Court may also ask each party to file Proposed Findings

of Fact and Conclusions of Law before or after trial.

c. In addition to ECF-filing, these materials should also be

submitted as Microsoft Word documents and sent via email

to: Lehrburger_NYSDChambers@nysd.uscourts.gov.

D. Motions in Limine. Each party shall file and serve any motions in limine

at the same time as the proposed pretrial order. Within two weeks

thereafter, each party shall file and serve its opposition to any motion in

limine. There shall be no replies unless requested by the Court.

E. Exhibit Binders. At least two weeks in advance of trial, counsel must

provide two courtesy sets of pre-marked exhibits to the Court. The exhibits

should be assembled sequentially in a tabbed 3-ring binder. Voluminous

exhibits may be provided on a thumb drive or equivalent.

F. Pro Se Cases. In pro se cases,, unless otherwise ordered, the parties are

not required to prepare joint pretrial filings (but may do so jointly if feasible).

Instead, within 30 days from the date for completion of discovery or, if a

dispositive motion has been filed, within 30 days of a decision resolving the

motion, the represented party(ies) shall submit the pretrial materials set

forth in sections V.A, B, C, and D above. At that same time, the pro se party

shall file a Pretrial Statement. The pro se party’s Pretrial Statement need

take no particular form, but must be concise and contain:

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1. a statement of the facts the party hopes to prove at trial;

2. a list of all documents or other physical objects that the party plans

to put into evidence at trial; and

3. a list of the names and addresses of all witnesses the party intends

to have testify at trial and the general subject matter of each

witness’s expected testimony.

The Pretrial Statement must be sworn or affirmed by the pro se party to be

true and accurate based on the facts known by the party. The pro se party

must file an original Pretrial Statement with the Pro Se Office and serve a

copy on all other parties or their counsel if represented.

VI. Trial Procedures

A. Voir Dire. The Court will conduct all voir dire.

B. Time.

1. The Court encourages use of timed trials, with each party allotted a

set amount of time for presentation of all evidence and cross-

examination, and such time to be allotted as that party chooses.

2. Trial days generally run from 9:30 a.m. to 4:30 p.m., with a one-hour

lunch break, and brief mid-morning and mid-afternoon breaks.

C. Witnesses.

1. No later than the end of each trial day, counsel must notify each other

and the Court of witnesses to be called the following trial day. The

parties may agree to earlier notification.

2. Absent a contrary ruling made before the start of a witness’s direct

testimony, where applicable, cross-examination in a civil case may

go beyond the scope of direct to avoid making the witness return to

testify in the opposing party’s case. However, to the extent cross-

examination exceeds the scope of the direct pursuant to this rule,

counsel should not ask leading questions (unless the witness is

hostile or otherwise associated with the opposing party).

3. The parties are expected to have witnesses available to fill the

entirety of each trial day. Witnesses may be taken out of order if the

next planned witness is unavailable. If a party does not have a

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witness available to testify, the Court may preclude testimony or

deem that party to have rested.

D. Exhibits.

1. All objections to exhibits should be resolved in advance of trial with

the pretrial order and motions in limine. Exhibits shall be pre-marked.

As all objections will have been resolved, any exhibit used with a

witness during trial shall be deemed admitted, and counsel need not

establish foundational elements for that exhibit.

2. Counsel must make sure that all exhibits are redacted in compliance

with Federal Rule of Civil Procedure 5.2. If there is a particular need

not to redact, the party seeking to introduce the exhibit must file a

motion in limine with the Court.

3. Counsel are responsible for maintaining custody of all original

exhibits. The Court does not retain them, and the Courtroom Deputy

is not responsible for them.

E. Court Reporter.

1. Prior to trial, counsel shall provide the court reporter with spelling of

proper names, places, scientific or medical terms, and other words

peculiar to the case that are likely to arise during trial.

2. When reading from depositions or documents, the reader cite the

applicable page and line number.

3. When referring to an exhibit, counsel shall cite it by number or letter

so that the record is clear as to what is being discussed.

4. Counsel and witnesses shall speak slowly and clearly enough for the

court reporter to record what is being said

F. Objections and Sidebars.

1. Counsel shall object concisely, (e.g., “Objection”; “Objection, calls for

speculation”), unless the Court requests further explanation.

2. Sidebars during jury trials are to be avoided. Counsel are expected

to anticipate any problems and raise those issues with the Court in

advance of the time the jury will be present to hear evidence.

* * *

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APPENDIX

RULES FOR REDACTIONS AND FILING UNDER SEAL

A. Sealing/Redactions Not Requiring Court Approval. Federal Rule of Civil

Procedure 5.2 describes sensitive information that must be redacted from

public court filings. No Court approval is required for these redactions.

B. Sealing/Redactions Requiring Court Approval.

1. Initial Filing Process. Any party wishing to file a document under

seal or in redacted form shall (1) file on ECF a redacted copy of the

document, (2) file on ECF a sealed copy of the document, and (3)

submit to Chambers an unredacted copy by email.

2. Service On Parties. Pursuant to S.D.N.Y. Standing Order M10-468,

sealed documents are not accessible or viewable on ECF;

accordingly, parties must separately serve opposing counsel with

any sealed materials in a manner other than the ECF system.

3. Meet and Confer Requirement. Within 5 business days of the ECF-

filing of the redacted document(s), the parties must confer in good

faith as to whether any or all of the redacted material may or must be

filed without redaction. If the parties reach agreement that all

redacted material may or must be unredacted, the parties shall file

on ECF unredacted copies of the previously redacted documents

and so inform the Court.

4. When Motion Required. A motion is required whenever one or more

parties seek to maintain sealed material. If the parties cannot agree

to unredact all redacted material, then, within 3 business days of the

parties’ meet and confer, the party seeking to preserve confidentiality

must make a specific request to the Court by letter motion. If more

than one party seeks to preserve confidentiality, the parties shall

confer and submit a joint letter. Any party opposing the request to

file under seal must submit a responding letter within 3 business days

after submission of the letter by the party seeking to preserve

confidentiality.

5. What Must Be Included In Motion. Any letter motion requesting

that material remain under seal must explain the reasons for seeking

to file the material under seal and address the request in light of the

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Court of Appeals’ opinions in Lugosch v. Pyramid Co. of Onondaga,

435 F.3d 110 (2d Cir. 2006) and Bernstein v. Bernstein Litowitz

Berger & Grossman LLP, 814 F.3d 132 (2d Cir. 2016). Any sealing

request shall include the requesting party’s proposed redactions.

6. Motion Filing Process. The letter motion to seal (and any

response) must be filed on ECF in public view and should not itself

include confidential material for which sealing is sought. Any

supporting papers or attachments that contain confidential material

may be filed under seal or redacted to the extent necessary to

safeguard that information. At the time the letter motion is filed it

should be designated as related to the documents filed under seal in

the initial filing process.

7. Unredaction. If the Court directs that any previously redacted

material be unredacted, the party who submitted the previously

redacted document shall, within 3 business days after the Court’s

unredaction order, file on ECF the documents complying with the

Court’s order.

8. Inability to Comply. Any party unable to comply with the

requirement for electronic filing under seal through the ECF system,

or who has reason to believe that a particular document should not

be electronically filed, must move by letter motion for leave of Court

to file non-electronically.

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