Hon. Victor Marrero — Individual Rules of Practice

INDIVIDUAL PRACTICES OF

UNITED STATES DISTRICT JUDGE VICTOR MARRERO

SOUTHERN DISTRICT OF NEW YORK

Effective January 7, 2025

Chambers Courtroom

Suite 1610 Courtroom 15B

United States Courthouse United States Courthouse

500 Pearl Street 500 Pearl Street

New York, New York 10007 New York, New York 10007

T: (212) 805-6374

F: (212) 805-6382

E: ChambersNYSDMarrero@nysd.uscourts.gov

I. COMMUNICATIONS WITH CHAMBERS

A. Letters. Except as otherwise provided below, communications with Chambers shall be

by letter, with copies simultaneously delivered to all parties. Parties are strongly encouraged to file

their letters or letter-briefs on the District’s electronic document filing system (“ECF”) or by

electronic mail to ChambersNYSDMarrero@nysd.uscourts.gov. If a party or counsel is unable to

submit a document electronically—either by ECF or email—the document may be mailed to the

Court. However, mail to the Court may be delayed. If fewer than five pages, letters may be sent

by fax, but only as indicated below in Paragraph I.C. Letters must identify the name and docket

number of the case, contain the writer’s business address and telephone number, be signed by the

party or authorized counsel responsible for the matter, and show the method of delivery (e.g., “By

Hand,” “By Email,” or “By Fax”). Unless the Court has otherwise requested, copies of

correspondence between the parties shall not be sent to the Court.

B. Telephone Calls. Generally, telephone calls to Chambers may not be answered and

may go directly to voicemail. Because there may be delays in responding to voicemail messages,

parties are encouraged to make requests to the Court via ECF or in an email to Chambers at

ChambersNYSDMarrero@nysd.uscourts.gov. Except as provided in Paragraph I.D. below,

telephone calls to Chambers regarding any pending matter will be accepted only in urgent

situations requiring immediate attention. In such situations only, call Chambers at (212) 805-6374

with all parties on the line, unless there are compelling reasons why all parties cannot be joined.

Or email Chambers with all parties copied so that the Court may establish a teleconference line.

Parties should not call the Judge’s law clerks with substantive or procedural questions, or with

questions regarding docketing on ECF. For questions about docketing on ECF, parties should call

the ECF help desk at (212) 805-0800. If leaving a voicemail, a party should clearly state the nature

of the issue including case name and docket number and provide a call-back number.

C. Faxes. Communicating with Chambers by fax is strongly discouraged as there may be

delays in responding. Faxes to Chambers are permitted only if the letter or document is no longer

than five pages and if a copy is simultaneously delivered to all parties through counsel or to

litigants proceeding pro se. The direct fax number to Chambers is (212) 805-6382. Any faxed letter

or document exceeding five pages will not be accepted unless prior authorization has been granted.

Do not follow faxed letters with hard copy.

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D. Docketing, Scheduling, and Calendar Matters. For routine inquiries concerning

scheduling or calendar matters, call Chambers between 9:00 a.m. and 5:00 p.m. at (212) 805- 6374

and ask for the law clerk responsible for the case.

E. Courtesy Copies. One courtesy hard copy of all motion papers and pleadings marked

as such, shall be submitted to Chambers at the time the papers are served or filed, in accordance

with the Southern District of New York’s policies regarding mail deliveries. In any expedited

proceeding, parties shall ensure that courtesy copies are delivered in a manner that enables their

timely consideration by the Court (e.g., by hand delivery (with permission) or fax to Chambers).

F. Hand Deliveries. Please email or call Chambers to obtain advance permission from

the Court to hand-deliver documents, including courtesy copies.

G. Extensions/Adjournments. A request for an extension of time within which to make

a submission to the Court or for an adjournment of a conference or to excuse an appearance with

the Court must be made in writing and received in Chambers not less than two business days before

the scheduled time. Each request must include the number and disposition of any prior request(s)

for an extension or adjournment and state whether opposing counsel consents to the extension or

adjournment. If opposing counsel does not consent, the reason(s) must be provided. If the

requested extension or adjournment affects any other scheduled dates set forth in a Court- approved

Case Management Plan or Scheduling Order, a proposed Revised Case Management Plan or

revised Scheduling Order must be attached for the Court’s review and approval. The party

requesting an extension or adjournment shall be responsible for notifying all other parties of the

Court’s disposition of the request.

H. Urgent Matters. For urgent matters requiring immediate attention, parties are directed

to send an email to Chambers with “URGENT” in the subject line. Please include in the body of

the email the case name and docket number, the nature of the issue, and a telephone number where

the party (and any other relevant parties) can be reached.

II. MOTIONS

A. Pre-Motion Conferences in Civil Cases. 1. In the event that a substantive,

procedural, or evidentiary dispute arises during pretrial proceedings that the parties, after good

faith communication, are unable to resolve, they are encouraged, before resorting to motion

practice, to bring the matter to the Court’s attention by letter not to exceed three pages seeking a

ruling. A conference must be requested before filing any motion, except: motions brought by order

to show cause based on a legitimate emergency; motions required by the Federal Rules of

Appellate Procedure to be made within a specified time; motions made by a pro se litigant in

custody; motions for default judgment, pro hac vice admission, reargument, remand, or attorney’s

fees or sanctions; motions to affirm or vacate an arbitration award; and objections to a Magistrate

Judge’s ruling. The attorney who will serve as principal trial counsel must appear at all conferences

with the Court with regard to scheduling and motions.

2. A party wishing to make a motion not excepted above should send a letter to the Court

concisely describing the basis for the proposed motion and requesting a pre-motion conference.

Any party opposing the motion must submit a reply letter within two business days of receiving

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the pre-motion letter indicating whether the proposed motion will be opposed, and if so, the basis

for the opposition. Pre-motion letters and responses shall not exceed three pages single-spaced,

with one-inch margins all around. The pre-motion letter may provide a detailed description of the

matter to be decided and request that it to be deemed and filed as a formal motion. Where the

circumstances warrant and the pre-motion letter contains a sufficient factual and legal statement

of the matter at issue, the Court, upon request or on its own motion, may treat such letter as

constituting a motion for the relief request and direct that it be filed as such and that the parties

respond and reply by letter-briefs of specified lengths.

B. Motions to Dismiss. 1. With respect to motions to dismiss, including those

contemplated in lieu of an answer, prior to filing such a motion and before the time to do so as of

right has expired, the defendant shall communicate with the plaintiff by letter not exceeding three

single-spaced pages, with a copy to the Court, either seeking a more definite statement, or setting

forth the specific absence of particulars, insufficient notice, or other pleading deficiencies in the

complaint and other reasons or controlling authorities that defendant contends would warrant

dismissal and that, if properly rectified, could avoid the filing of the motion. The plaintiff shall

respond by similar letter within seven calendar days, with a copy to the Court, indicating the extent,

if any, to which plaintiff concurs with defendant’s objections and the amendments, if any, to be

made to the complaint to address them, or else stating the reasons and controlling authority that

support the pleadings as filed. Plaintiff may seek leave to amend the complaint to address identified

deficiencies if the time to do so as of right has expired. Under these circumstances, the Court will

liberally grant plaintiff leave to amend, and grant the defendant an extension of time to answer the

complaint as appropriate. However, generally, the initiation of the pre-motion letter exchange

temporarily tolls the time that the defendant has to file an answer to the complaint. (This practice

may be especially effective as to certain types of motions frequently made that may be avoidable

by pre- motion communication between the parties, with or without the Court’s involvement. For

example, without limitation, these include: naming a wrong defendant; misnaming a defendant;

failing to name a necessary or indispensable party; failing to exhaust available remedies; absolute

immunity; expiration of the statute of limitations as to some or all of the claims asserted; failure

to satisfy a prerequisite to litigation such as a Right to Sue Letter; failure to plead the particulars

of a fraud claim under Rule 9(b) of the Federal Rules of Civil Procedure; and a premature claim

seeking punitive damages.)

2. In the event that at the conclusion of this informal procedure the parties fail to resolve a

dispute over the appropriateness of the filing of a motion to dismiss, the defendant shall so notify

the Court in writing, indicating why a motion to dismiss remains warranted even after plaintiff has

agreed to any amendments to cure specified deficiencies, and transmit copies of the

correspondence exchanged by the parties in this regard. Promptly thereafter the Court will schedule

a conference, by telephone or in person, to provide any appropriate preliminary guidance or

rulings.

3. In the event that the Court, upon review of the parties’ exchange of correspondence

described above, issues preliminary guidance in writing indicating that a formal motion if filed is

likely to be denied in whole or in part and the defendant nonetheless proceeds with such motion

filed, and the Court’s formal ruling does deny the motion in whole or in part, the Court may deem

the circumstances as grounds supporting an application for appropriate sanctions against the

defendant, including an award of related attorney’s fees and costs.

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4. Conversely, in the event that the Court issues preliminary guidance in writing

indicating that a formal motion if filed is likely to be granted in whole or in part and the plaintiff

nonetheless proceeds with the complaint as originally filed, and the Court’s formal ruling does

grant the motion in whole or in part, the Court may deem the circumstances as grounds supporting

an application for appropriate sanctions against the plaintiff, including an award of related

attorney’s fees and costs.

C. Motions: Expedited Procedure. In the event that a discrete issue of law arises in a

case that may be dispositive of a particular claim or defense, or of the entire action, upon agreement

on motion by the parties, or as ordered by the Court, the issue presented may be resolved by

the Court on the basis of submissions of letter-briefs not to exceed five pages for each party without

necessity for any further documentation, unless the Court so requests or grants leave therefor. The

Court will endeavor to decide such motion within fourteen days of the date of full submission or

of any hearing the Court holds thereon.

D. Memoranda of Law. 1. All formal motions and cross-motions must be accompanied

by a memorandum of law. Memoranda of law in support of and in opposition to a motion shall be

limited to 8,750 words and reply memoranda shall not exceed 3,500 words. These

limits do not include the caption, any index, table of contents, table of authorities,

signature blocks, or any required certificates, but do include material contained in

footnotes or endnotes. Memoranda should be double-spaced and in 12-point font with 1-inch

margins. Memoranda of 3,500 words or more shall contain a table of contents and a table of

authorities. The Court will entertain written requests for exceptions to these page limitatio ns

only in rare cases where th e facts and issues are particularly complex. The Court will not

consider new matters raised in replies for the fir st time. Su r-reply memoranda will not be

accepted without prior permission of the Court and then only in the rare instances in which new

controlling law is promulgated after the filing of the reply papers.

2. Any memorandum that does not comply with these requirements will not be accepted

and will be returned, and counsel may not be provided with additional time to submit a complying

memorandum if any such additional extension may cause substantial prejudice to other parties in

the case.

E. Documentation. 1. Affidavits accompanying any motion should contain concise

statements attested to by the affiant on the basis of personal involvement or knowledge of pertinent

facts. Affidavits shall not be used as a vehicle for counsel to describe factual background or legal

issues involved in the case, to alter the pleadings or introduce facts not set forth in the complaint,

to assert matters not within their personal knowledge, or for supplemental argumentation of legal

issues that would serve to evade the page limitation set forth in the Court’s Individual Practices.

Such submissions will not be considered.

2. In connection with documents exhibits such as contracts, public filings, and deposition

testimony that parties submit as exhibits accompanying any motion, the whole document may be

filed and entered into the public record of the action only if all of its contents are integral to and

bear directly on the particular issue(s) to be decided on the motion. Otherwise, the parties may

submit as an exhibit only those portions or pages of such document that have direct relevance to

the matter at issue. When submitting only relevant portions of a document, the parties arguing the

motion shall file, accompanying such motion papers, a stipulation attesting: (1) that they are

familiar with the full contents of such docume mnt ; (2) that they possess and each will maintain a

copy of such entire document in their respective case files until after a final court disposition of

the action; and (3) that the excerpt filed with the otion papers is an authentic copy of the relevant

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portion of the document. Any non-English document submitted as part of the record must include

a certified translation. If such a document does not include a certified translation, the Court may,

in its discretion, decline to consider it as part of the record.

The following example may be helpful in illustrating how this practice would operate: In

an action relating to accounting malpractice, only three pages of a 150-page spreadsheet and five

pages of a 100-page deposition contain information relevant to an issue litigated on a motion for

summary judgment. The parties should submit only those relevant pages of the spreadsheet and

deposition in connection with the motion exhibits filed, instead of submitting the entire spreadsheet

and deposition transcript.

3. In connection with motions for summary judgment, Local Rule 56.1 Statements shall be

“short and concise,” and shall not be used for argumentation of legal issues or recitation of case

law, or extensive recitation of deposition testimony or repetition of conclusory pleadings.

F. Service. Notices of motions, affidavits, and memoranda of law shall be served in

accordance with the dates set by the Court during the pre-motion conference or by memo- endorsed

orders. If a pre-motion conference is not required (Paragraph II.A., supra), counsel should follow

Local Civil Rule 6.1, unless otherwise ordered by the Court. Any party seeking dismissal of a

complaint or summary judgment in whole or in part against a pro se litigant must plainly advise

that litigant of the nature of the motion, of the possible consequence of failing to respond, and that

the Court will deem true the statements contained in a Local Rule 56.1 statement unless

controverted. Failure to comply with this requirement may result in a sua sponte denial of the

motion. In connection with motions for summary judgment, where the Court may deem it

appropriate, the parties may be directed to serve their Local Rule 56.1 statements for the Court’s

review prior to proceeding with service of the fully-prepared motion.

G. Filing. All motion papers shall be filed in the Clerk’s Office or via ECF promptly after

service.

H. Sealing/Redaction Requiring Court Approval. Motions or letter motions for

approval of sealed or redacted filings in civil and miscellaneous cases, and the subject documents,

including the proposed sealed document(s), must be filed either by hard copy or electronically

through the court’s ECF system in conformity with standing order 19-mc-00583 and ECF Rules

& Instructions, section 6. Hard copy letter motions for approval of sealed or redacted filings may

be faxed to Chambers if no more than five pages in total and must be mailed or hand delivered to

the Court if greater than five pages. The party requesting approval of a sealed or redacted filing

must identify all parties and/or other case participants that the party believes should be granted

access to the sealed or unredacted versions of the proposed filings.

I. Oral Argument. Motions will be decided on the papers after all moving papers have

been submitted, unless the Court determines that oral argument will be necessary. If oral argument

is scheduled, the Court will advise the parties of the date and time for argument and whether it will

be limited to specific issues. Counsel should expect that the Court will have reviewed motion

papers prior to oral argument and will be familiar with the issues presented therein, and therefore

counsel should not use oral argument to repeat factual recitations or legal arguments adequately

addressed in the motion papers.

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III. DISCOVERY DISPUTES

In the event that a discovery dispute arises that the parties are unable to resolve among

themselves, they shall confer and submit to the Court a joint letter setting forth the matters that

remain unresolved following such conference. The letter shall describe concisely the issue(s) in

dispute and the respective position of each party and cite applicable authority which the respective

parties claim for support. The Court will rule upon the written submission, or refer the dispute to

the designated Magistrate Judge for resolution, particularly where the circumstances indicate that

the parties’ discovery disputes are continuous or chronic.

IV. PRETRIAL PROCEDURES: CIVIL CASES

A. Pretrial Conferences. 1. The Court will endeavor to schedule an initial case

management conference within 45 days of the filing of the answer(s). Upon receipt of the Notice

of Initial Conference, the parties shall confer if they have not yet done so in accordance with

Federal Rule of Civil Procedure 26(f) and exchange the initial disclosures prescribed by Rule

26(a). Following such conference, the parties shall jointly prepare a status letter setting forth:

(1) a brief description of the case, including the factual and legal bases for the claim(s) and

defense(s); (2) confirmation that the parties have conferred and exchanged initial disclosures -- or

agreed on a plan and schedule for such disclosure -- identifying the names and locations of

individuals, documents, and things possessing or pertaining to material information used to support

the parties’ claims or defenses; (3) a concise statement of any discrete threshold or dispositive

issues that the pleadings present, such as personal or subject matter jurisdiction, venue, or statute

of limitations, that in the interest of justice and judicial economy warrant resolution first and

potentially warrant a stay on further discovery; (4) any contemplated motions; (5) the prospects

for settlement; and in view thereof the parties belief that a brief stay of the litigation would be

warranted to enable them to pursue resolution through their own discussions or through Court

facilitated settlement or private mediation; (6) whether the parties consent to proceed for all

purposes before the Magistrate Judge designated for this action; (7) whether the parties may be

amendable to proceeding to trial on the merits of the dispute in accordance with the expedited trial

procedure provided for in Part VI.A. of these Individual Practices; and (8) a proposed Case

Management Plan in the form available on Judge Marrero’s page on the Southern District website.

The status letter must be received by the Court at least five business days before the initial case

management conference.

2. The completed proposed Case Management Plan shall be brought to the initial case

management conference for approval and endorsement by the Court. The Case Management Plan

shall indicate whether the parties have reached agreement on discovery concerning: (1) the

number, duration, and matters to be examined, and the individuals to be deposed; and (2)

limitations on the length or scope of requests for admissions and interrogatories. If the discovery

plan contemplates that any party conduct more than five depositions, or any particular deposition

requiring more than three hours to complete, or any request for admissions or interrogatories

exceeding seven single-spaced pages, that circumstance shall be stated in the Case Management

Plan, and leave of Court therefor sought at the initial conference.

3. Principal trial counsel -- or, upon written notice to the Court, another attorney so

designated who is closely familiar with the litigation -- must appear at all conferences. Ordinarily,

at the initial conference and any future conference the primary purpose of which is to review

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scheduling, appearance by more than one attorney for a party should not be necessary.

Appearances by telephone will not be permitted without express prior permission of the

Court.

4. At the initial conference, in the event such issues arise, the parties should be prepared to

address adequately the basis for venue and subject matter jurisdiction, and whether or not all of

the jurisdictional prerequisites have been satisfied in the case. Where appropriate, such discussions

shall include citations to all statutes relied on and relevant facts regarding citizenship and

jurisdictional amount. The parties should further be prepared and authorized to discuss the factual

and legal bases for their claims, any contemplated motions, and prospects for settlement through

assistance of the Court, mediation services or other dispute resolution methods. The parties should

also address the option of proceeding to resolution of the dispute for all purposes or of dispositive

motions by the designated Magistrate Judge pursuant to 28 U.S.C. § 636(c) or by Court-appointed

mediation.

B. Filings Prior to Trial. Unless otherwise ordered by the Court, not less than 30 days

prior to a firm date scheduled for the trial, the parties shall submit to the Court the pretrial

submissions described in Attachment 1 to these Individual Practices.

V. PRETRIAL PROCEDURES: CRIMINAL CASES

A. Initial Pretrial Conference. The Assistant United States Attorney (“AUSA”)

assigned to the case shall contact Chambers as soon as possible after the case is assigned to the

Court for prompt scheduling of a conference at which the defendant will be present in order to set

a discovery and motion schedule. The Court refers all arraignments, initial bail applications, and

guilty pleas to the Magistrate Court in the first instance, unless there is good cause to proceed

directly before the Court. The AUSA shall provide a courtesy copy of all charging documents to

Chambers as soon as practicable, and should email the Court to arrange for an initial conference

at which the Court will set a discovery and motion schedule regardless of any conference scheduled

by the Magistrate Judge. The AUSA should then submit a letter confirming the date and time of

the initial conference. Any conference scheduled by a Magistrate Judge will not be entered on the

Chambers calendar until such a confirmation letter is received. The AUSA shall arrange for

appropriate exclusion of time for Speedy Trial Act purposes to the date of the defendant’s initial

appearance before Judge Marrero.

B. Pleas. The plea agreement or Pimentel letter must be provided to Chambers at least

two business days before the time set for the conference at which the disposition is to be addressed.

Defense counsel are expected to have reviewed with the defendant -- with foreign language

interpretation where appropriate, prior to the time set for the conference with the Court

-- any plea or cooperation agreement, or any other arrangements relating to the defendant’s plea.

Parties seeking a change of plea hearing shall be referred to the Magistrate Court.

C. Sentencing. 1. Any request for adjournment of a sentencing shall be made in writing

as early as possible, but no later than two business days before the date at issue, and shall be

submitted to Chambers by fax after counsel has discussed a new date and time with the law clerk

assigned to the case (see I.C. and I.D., supra). Such requests should state whether opposing counsel

consents.

2. All submissions and applications with respect to a sentencing and all responses thereto

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shall be served and submitted to the Court in sufficient time to ensure that the Court has received

all such papers by no later than five business days prior to the sentencing. In the event a sentencing

control date is scheduled for a defendant, the AUSA shall notify the Court as soon as practicable

if the parties later intend for that date to be the date of sentencing. Such notification allows for the

Court to order a Pre-Sentence Investigation Report from the United States Probation Office in a

timely manner.

D. Filings Prior to Trial. Unless otherwise ordered by the Court, not less than 30 days

prior to a firm date scheduled for the trial, the parties shall submit to the Court the pretrial

submissions described in Attachment 1 to these Individual Practices.

VI. TRIAL PROCEDURES

A. Expedited Trial in Civil Cases. Upon request, the Court may schedule a fixed early

date for a trial on the merits of a dispute if by stipulation the parties agree to proceed in accordance

with a litigation plan that substantially limits or dispenses with categories of discovery and

dispositive motions, or provides for the conclusion of such proceedings on an expedited basis

approved by the Court.

B. All Trials. Counsel with either jury or bench trials scheduled before the Court are to

comply with the Court’s trial procedures set forth in Attachment 1.

VII. MISCELLANEOUS

A. Default Judgment Procedures. A party who wishes to obtain a default judgment must

proceed by way of the procedure set forth in Attachment 2.

B. Bankruptcy Appeals. Briefs must be submitted in accordance with Fed. R. Bankr. P.

8009. Counsel may extend these dates by stipulation submitted to the Court no later than two

business days before the brief is due.

C. Court Reporters. The Court will order a court reporter for all criminal proceedings

and all civil conferences with pro se litigants. In addition, the Court will order a reporter for

hearings in a civil proceeding scheduled pursuant to Paragraph II.H. Parties seeking transcription

of any other proceeding shall notify Chambers of such a request by letter.

D. Orders to Show Cause or Motions for Injunctive Relief. Except in the most

extraordinary circumstances, litigants filing an order to show cause or motion for injunctive relief

must provide notice to opposing counsel before doing so. Following conferral with opposing

counsel, the party filing the order or motion shall submit to the Court an agreed-upon proposed

briefing schedule. Parties intending to file applications for temporary restraining orders or other

emergency relief, in addition to filing their applications on ECF, must send all of their papers (in

text-searchable PDF format) to the Court by email. The email should (1) include the word

“URGENT” in the subject line; (2) provide a telephone number at which the party (and any other

relevant parties) can be reached; and (3) provide the relevant parties’ availability for a hearing in

the next few days. Parties should provide courtesy copies to the Court but should not hand-deliver

documents without advance permission, as noted above.

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E. Part One / Miscellaneous Docket. Litigants must file all documents assigned a

Miscellaneous Docket number with the Clerk’s Office in accordance with the current procedures

of the Clerk of Court. Litigants should send a courtesy copy of all filings to Chambers (see I.E,

supra) and deliver a copy to all parties through counsel or to litigants proceeding pro se.

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