Judge Anne Y. Shields
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
Motion
- Mail • Upon Filing
Proposed Findings Conclusions
Adjournments
- Parties must confer and agree to reasonable adjournment requests before filing.
- Adjournment requests must include original date and prior request history.
- Revised scheduling order required if adjournment affects other dates.
- +2 more
Request must include
- Adjournment requests must be ECF motions filed at least 48 hours before deadline.
- Settlement conference required within 30 days after serving interrogatory answers.
Communication
Phone
Chambers
Letter via ECF
Chambers
Letter via ECF
Page & Word Limits2 rules
Machine summary. Not checked yet.Mandatory?
No later than three (3) business days prior to the settlement conference, each party shall e-mail a confidential settlement statement, not exceeding three pages, (exclusive of exhibits) to shields_chambers@nyed.uscourts.gov.
Summary: Settlement statements (max 3 pages) must be emailed to chambers 3 business days before conference.
Settlement Statement
3 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Memoranda of law in support of and in opposition to motions shall not exceed twenty five pages in length. Reply memoranda of law shall not exceed ten pages in length. With the exception of bringing newly decided cases or law to the attention of the court, and unless otherwise ordered, there shall be no additional briefing. All memoranda of law shall contain a table of contents and authorities. All memoranda of law shall use at least one inch margins, double spacing and be in 12 point type. Footnotes are discouraged. However if the use of footnotes is unavoidable, they need not be double spaced, but must be in the same 12 point type as text.
Summary: Motion memoranda limited to 25 pages (support/opposition) and 10 pages (reply); double-spaced, 12-point type, 1-inch margins.
25 pages
Applies to: Attorney
Reply Memorandum
10 pages
Applies to: Attorney
Document Format Requirements4 rules
Machine summary. Not checked yet.Mandatory?
On the first day of trial, counsel shall provide the Court with a copy of all exhibits, appropriately labeled and indexed. Exhibits should be placed in clearly tabbed binders.
Summary: All trial exhibits must be provided to court on first day of trial in clearly tabbed binders.
Machine summary. Not checked yet.Mandatory?
Any document seeking relief of any kind from the court must be electronically filed as a 'Motion,' and not as a 'Letter' under the ECF 'Other Documents' option.
Summary: Relief-seeking documents must be filed as 'Motion' not 'Letter' under ECF.
Machine summary. Not checked yet.Mandatory?
All documents in civil actions, except for voluminous documents, must be filed electronically.
Summary: All civil documents must be filed electronically except voluminous documents.
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Counsel need not electronically file documents that cannot be readily converted to a form that may be electronically filed. In such cases, counsel must electronically file the letter or notice of motion to which the non-electronically filed material is attached. A hard copy (for filing) and a courtesy copy of such documents must be provided to the court.
Summary: Non-convertible documents require electronic filing of cover letter plus hard and courtesy copies.
Paper
Document Filing Requirements23 rules
Machine summary. Not checked yet.Mandatory?
2 DAYS PRIOR TO THE INITIAL CONFERENCE, COUNSEL MUST SUBMIT A JOINT LETTER ON THE DOCKET STATING:
Summary: Joint letter required 2 days before initial conference with specific content requirements
Document Type
Joint Letter
Machine summary. Not checked yet.Mandatory?
All attorneys representing parties in cases assigned to this court must file a Notice of Appearance and register to receive ECF notifications prior to filing any documents, and prior to making a personal appearance before the court.
Summary: Attorneys must file Notice of Appearance and register for ECF notifications before filing documents or appearing.
Document Type
Notice Of Appearance
Machine summary. Not checked yet.Mandatory?
Deadline for completion of Rule 26(a) initial disclosures and HIPAA-complaint records authorizations:
Summary: Rule 26(a) initial disclosures and HIPAA authorizations must be completed by a specified deadline.
Document Type
Discovery Plan
Machine summary. Not checked yet.Mandatory?
In all cases alleging an FLSA violation Counsel must confer and also complete form Appendix C hereto prior to the Initial Conference.
Summary: FLSA Appendix C required for FLSA cases.
Document Type
Initial Conference
Machine summary. Not checked yet.Mandatory?
Unless otherwise ordered, pro se litigants are exempt from ECF filing requirements.
Summary: Pro se litigants exempt from ECF filing requirements.
Document Type
Pro Se Litigant
Machine summary. Not checked yet.Mandatory?
Motion to join new parties or amend the pleadings: (Presumptively 15 days post status conference)
Summary: Motion to join parties or amend pleadings presumptively due 15 days after status conference.
Document Type
Discovery Plan
Machine summary. Not checked yet.Mandatory?
In all cases this Court's "Initial Joint Letter" annexed as Exhibit G shall be submitted to the Court via ECF no later than two days prior to the Initial Conference.
Summary: Initial Joint Letter due 2 days before initial conference.
Document Type
Initial Joint Letter
Machine summary. Not checked yet.Mandatory?
All fact discovery completed by: (Presumptively 9 months after deadline for joining parties/amend the pleadings)
Summary: Fact discovery presumptively completed 9 months after deadline for joining parties/amending pleadings.
Document Type
Discovery Plan
Machine summary. Not checked yet.Mandatory?
I hereby agree that I will not disclose any information contained in such documents to any other person. I further agree not to use any such information for any purpose other than this litigation.
Summary: Confidential information must not be disclosed or used for any purpose other than the litigation.
Document Type
Confidential Information
Machine summary. Not checked yet.Mandatory?
By [DATE], within 7 days after the conference referenced above, counsel must jointly file a Report Regarding Settlement that notifies the Court: (1) whether the parties have reached an agreement in principle to settle the case and will be submitting that agreement to the Court for review and approval;(2) whether the parties have not settled the case but want to continue settlement discussions with each other for a specific period, not to exceed two weeks; (3) whether the parties are unable to reach settlement, at which point the Court will refer the action to mediation.
Summary: Joint settlement report required within 7 days after settlement conference.
Document Type
Settlement Report
Machine summary. Not checked yet.Mandatory?
Expert discovery completed by: (Presumptively 3 months after close of fact discovery)
Summary: Expert discovery presumptively completed 3 months after fact discovery closes.
Document Type
Discovery Plan
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Completion date for Phase I Discovery as agreed upon by the parties: (See paragraph 7 of joint letter requirement)
Summary: Phase I Discovery completion date must be agreed upon by parties and referenced in joint letter.
Document Type
Discovery Plan
Machine summary. Not checked yet.Mandatory?
In all cases, counsel must confer and prepare Exhibit B (Discovery Plan Worksheet) as well as the required Joint Letter.
Summary: Discovery Plan Worksheet and Joint Letter required.
Document Type
Initial Conference
Machine summary. Not checked yet.Mandatory?
All forms required must be submitted to the court via ECF no later than three business days prior to the initial conference.
Summary: All forms due 3 business days before initial conference.
Document Type
Initial Conference Forms
Machine summary. Not checked yet.Mandatory?
Pro se parties without ECF access must make filings via hand delivery or U.S. mail: to the designated "pro se clerk" in the clerk's office, to the attention of Magistrate Judge Shields and the assigned District Judge, and by U.S. mail to the attorneys for all other parties.
Summary: Pro se filing methods and recipients.
Document Type
Pro Se Litigant
Machine summary. Not checked yet.Mandatory?
If the parties settle at a later time, they must immediately advise the Court and promptly submit a joint motion to approve the settlement.
Summary: Parties must immediately advise court and file joint motion to approve settlement if settled later.
Document Type
Joint Motion To Approve Settlement
Machine summary. Not checked yet.Mandatory?
Final date to take first step in dispositive motion practice: (Parties are directed to consult the District Judge’s individual rules regarding such motion practice. (Presumptively 30 days after close of discovery)
Summary: First dispositive motion presumptively due 30 days after discovery closes; parties must consult judge's individual rules.
Document Type
Discovery Plan
Machine summary. Not checked yet.Mandatory?
Counsel are directed to consult Local Rule 26.3 which sets forth "Uniform Definitions in Discovery Requests." The definitions set forth therein are deemed incorporated in all discovery requests and counsel are directed to refrain from the use of any other definitions of the terms set forth therein.
Summary: Local Rule 26.3 definitions incorporated in all discovery requests.
Document Type
Discovery Request
Machine summary. Not checked yet.Mandatory?
Joint Proposed Pretrial Order to be submitted: (30 days after dispositive motion practice deadline)
Summary: Joint Proposed Pretrial Order due 30 days after dispositive motion practice deadline.
Document Type
Discovery Plan
Machine summary. Not checked yet.Important?
No later than seven (7) days prior to the scheduled conference, Defense counsel must respond to Plaintiff’s counsel’s demand. That response must contain a clear reply to the offer of settlement, and an explanation as to its propriety.
Summary: Defense must respond to settlement demand within 7 days before settlement conference.
Document Type
Settlement Procedure
Machine summary. Not checked yet.Note?
Pro se litigants are advised of the limited legal representation available at the Pro Se Legal Assistance Program, located in Room 124B of the Central Islip Courthouse. The clinic is independently operated and is not affiliated with the Court. Consultations are available by appointment. The clinic can be reached at (6 31) 297-2575 or at PSLAP@Hofstra.edu.
Summary: Pro se litigants can access legal assistance program.
Document Type
Pro Se Litigant
Machine summary. Not checked yet.Note?
Counsel are directed to consult Local Rule 26.2 for directions as to the proper way to assert claims of privilege.
Summary: Local Rule 26.2 governs privilege claims.
Document Type
Privilege Claim
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Status conference TBD by the court: (Generally 15 days post Tier I Discovery)
Summary: Status conference scheduled approximately 15 days after Tier I Discovery completion.
Document Type
Discovery Plan
Filing & Service rules
Courtesy Copy Requirements
Proposed findings and conclusions must be filed via ECF with courtesy copy to Chambers two weeks after trial transcript is available.
Unless otherwise ordered, two weeks after the transcript of the trial is prepared and available for ordering, the parties shall simultaneously file via ECF, with a courtesy copy to Chambers, proposed findings of fact and conclusions of law. Such submissions shall include precise citations to the trial transcript and exhibits, together with supporting legal authority.
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Page 10 | Pretrial Procedures in Cases Where Parties Consent to Trial Before This Court
Courtesy copies generally not required except for motions with exhibits and motions referred by District Court Judges.
Unless otherwise ordered, and subject to the exceptions set forth herein, courtesy copies of electronically filed documents should not be provided to the court. Courtesy copies of the following documents must be provided to the court: (1) motions with all exhibits; (2) motions referred for decision to this court by District Court Judges.
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Moving party must provide courtesy copies to Chambers with cover letter.
The moving party shall be responsible for furnishing Chambers with a full set of courtesy copies of the motion papers, together with a cover letter specifying each document in the package. A copy of this cover letter is to be sent to opposing counsel.
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Courtesy copies must be marked, labeled, tabbed, and not Velobound.
All courtesy copies submitted to Chambers must be marked 'Courtesy Copy,' 'Original Filed ECF' with the assigned docket entry indicated. Courtesy copies of exhibits and appendices are to be clearly labeled and tabbed and where, appropriate may be submitted in a binder. Such copies should not be 'Velobound.'
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Sealing & Redaction Procedures
Confidential information filed with the Court must be filed under seal.
All information subject to confidential treatment in accordance with the terms of this Stipulation and Order that is filed with the Court, including any pleadings, motions or other papers filed with the Court that includes Confidential Information, shall be filed under seal to the extent permitted by law (including, without limitation any applicable rules of court) and shall be kept under seal until further order of the Court.
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Sealed documents require settlement rules compliance or prior court permission.
Documents may be electronically filed under seal only if filed pursuant to the Court's settlement rules or with prior permission of the Court.
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Only confidential portions of filings should be sealed when possible.
Where possible, only confidential portions of the filings with the Court shall be filed under seal.
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Filing Bundling Requirements
Motion papers must be fully briefed before electronic filing; cover letter required with service.
No motion papers are to be filed electronically until the motion is fully briefed. The notice of motion and all supporting papers are to be served on all other parties along with a cover letter setting forth whom the movant represents and identifying the papers being served. A copy of this cover letter is to be electronically filed. A party responding to a motion shall serve the moving party with a courtesy copy of the responding papers, for later filing with the court.
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All discovery is stayed until Discovery Planning Report is filed.
Until the parties file the Discovery Planning Report, all discovery in this case is STAYED, except as provided in this Order.
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Pre-Motion Conference Requirements
Discovery motions require phone conference with chambers before filing; letter motions not accepted.
this court by calling chambers at (631) 712-5710. Attorneys may not bring a discovery motion before the court until they have complied with these rules. This court does not accept letter motions unless authorized to do so after the telephone conference is held.
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Page 5 | Discovery Disputes/Motions
Pre-motion conference required for motion in limine issues raised two weeks before jury selection.
Unless otherwise ordered by this court, two weeks prior to the date set for jury selection, each party shall file: i. A statement of issues that any party intends to raise as a motion in limine. In the event that any such issues are raised, the Court will schedule a pre-motion conference.
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Page 10 | Pretrial Procedures in Cases Where Parties Consent to Trial Before This Court
Rule 16 conference scheduled after Rule 26 conference.
The court will schedule a Rule 16 initial conference after issue is joined and the parties have had the opportunity to conduct a Rule 26 conference.
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Pre-motion conference required for non-discovery motions; 2-page letter request with 7-day response.
For all other motions where parties are represented by counsel, a pre-motion conference is necessary. A pre-motion conference can be requested by way of an electronically filed letter. Such letters are to be filed as ECF motions seeking a court conference. Letters requesting pre-motion conferences shall state, in brief, the grounds for the motion, shall not exceed two pages, and shall not include affidavits or exhibits. All parties served with a pre-motion letter shall serve and file a letter response, not to exceed two pages, within seven days from service of the pre-motion conference letter.
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Adjournment & Extension Requirements
Adjournment requests must include original date and prior request history.
All requests for adjournments must include the following information: A. The original date of the appearance or deadline; B. Whether there have been prior requests for adjournment;
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Adjournment requests must be ECF motions filed at least 48 hours before deadline.
In the absence of extraordinary circumstances, all requests for adjournments of any kind are to be made via an ECF motion, and are to be made no later than 48 hours prior to the scheduled appearance date or deadline.
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Revised scheduling order required if adjournment affects other dates.
In the event that the requested adjournment affects any other scheduled dates, a proposed revised scheduling order must be attached to the motion.
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Settlement conference required within 30 days after serving interrogatory answers.
By [DATE, 30 days] after the Plaintiff serves answers to the Court’s Interrogatories, counsel for the Plaintiff and the Defendant must meet and confer in person in good-faith effort to settle all pending issues, including attorneys’ fees and costs.
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Parties must confer and agree to reasonable adjournment requests before filing.
Prior to seeking any adjournment, the parties are expected to confer and grant each other the courtesy of agreeing to reasonable requests to adjourn, especially upon the first request for any adjournment.
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Magistrate judge cannot extend district judge deadlines.
This Court cannot extend deadlines, including discovery deadlines, set by the assigned District Court Judge. Accordingly, any extensions of such deadlines must be made to the District Court Judge.
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Strict adherence to deadlines required; exceptions only for compelling reasons.
Due to the volume of cases based on the FLSA, the Court expects strict adherence to these deadlines and requirements. Exceptions will be granted only for compelling reasons.
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Chambers Communication Rules
Schedule alterations require good cause, party conference, and joint ECF letter.
The parties may move to alter this schedule for good cause. Any such request shall only be made after the parties confer, and shall be made by joint letter request filed via this Court’s ECF system.
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Email communication with Chambers prohibited without prior court authorization.
In order to avoid inappropriate ex parte communication with Chambers, communication via Chambers email is prohibited without prior authorization of this Court.
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Discovery disputes must be resolved by counsel in good faith before seeking court intervention.
Counsel must first undertake a good faith effort to resolve any discovery disputes, including a request to limit or terminate a deposition, without court intervention. Where attorneys
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Page 5 | Discovery Disputes/Motions
Substantive calls must be made jointly with opposing counsel and all adversaries must be informed.
Calls regarding the substance of any matter should be made only jointly with opposing counsel on the line. As officers of the court, counsel are responsible for informing all adversaries of any communication with Chambers.
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Joint ECF communication preferred; individual ECF letter allowed if joint impracticable.
Counsel shall always endeavor to confer and then submit a joint communication via ECF. In the event a joint communication is impracticable, counsel may submit a letter to the Court via ECF.
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Phone calls permitted; criminal scheduling to Courtroom Deputy, civil to Law Clerks.
Telephone calls to chambers are permitted. Calls regarding scheduling of criminal matters should be directed to the Courtroom Deputy at (631) 712-5714 Calls regarding civil matters should be directed to the Law Clerks at (631) 712-5710.
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