Judge Arlene R. Lindsay
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- 1 copy • Chambers Copy • Upon Filing
- 1 copy • Mail • Upon Filing
Dispositive Motions
- Not required
Adjournments
- Adjournment requests require 48-hour advance notice.
- Adjournment requests must include reason, consent, and proposed dates.
Request must include
Communication
Letter via fax
Chambers
Page & Word Limits5 rules
Machine summary. Not checked yet.Mandatory?
Letters are not to exceed three (3) pages in length.
Summary: Letters to chambers are limited to 3 pages.
Letter
3 pages
Applies to: Attorney
3 pages
Applies to: Pro Se
Machine summary. Not checked yet.Mandatory?
A letter opposing the motion, not exceeding three (3) pages in length, may be submitted within three (3) business days of receipt of the letter motion.
Summary: Opposition letters to letter motions are limited to 3 pages.
Letter Opposition
3 pages
Applies to: Attorney
3 pages
Applies to: Pro Se
Machine summary. Not checked yet.Mandatory?
A letter motion, not exceeding three (3) pages in length, may be submitted and should succinctly describe the discovery problem and the relief sought.
Summary: Letter motions for discovery are limited to 3 pages.
Letter Motion
3 pages
Applies to: Attorney
3 pages
Applies to: Pro Se
Machine summary. Not checked yet.Mandatory?
reply memoranda are limited to 10 pages.
Summary: Reply memoranda limited to 10 pages.
Reply Memorandum
10 pages
Applies to: Attorney
10 pages
Applies to: Pro Se
Machine summary. Not checked yet.Mandatory?
Memoranda of law in support of and in opposition to motions are limited to 20 pages, and reply memoranda are limited to 10 pages.
Summary: Motion memoranda limited to 20 pages, replies to 10 pages.
Motion Memorandum
20 pages
Applies to: Attorney
20 pages
Applies to: Pro Se
Document Filing Requirements22 rules
Machine summary. Not checked yet.Mandatory?
A statement must be included on the cover of the moving, opposition, or reply papers as to whether oral argument is requested.
Summary: Oral argument request must be stated on document cover.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Consistent with Rule 11(b) of the Federal Rules of Civil Procedure, and the certifications required thereunder, any attorney for a party, or any pro se party, who has used AI in the preparation of any documents filed with the Court must disclose that AI has been used and must further certify in the document that the person has checked the accuracy of any portion of the document drafted by generative AI, including all citations and legal authority.
Summary: AI disclosure and accuracy certification required for AI-drafted documents.
Document Type
Any
Machine summary. Not checked yet.Mandatory?
A motion for admission pro hac vice, together with a proposed Order admitting the attorney pro hac vice, shall be served and filed at least seven (7) business days prior to the return date designated in the notice of motion. Although there is no need to file a memorandum of law, this motion must comply with the Rules of the Eastern District of New York
Summary: Pro hac vice motion requires 7 business days advance filing with proposed order
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Should any party object to the motion, opposition papers must be served and filed at least two (2) business days prior to the return date. No reply papers are permitted.
Summary: Opposition to pro hac vice motion due 2 business days before return date, no replies allowed
Document Type
Opposition
Machine summary. Not checked yet.Mandatory?
On or before the date set forth in the Scheduling Order, the parties shall submit to the Court for its approval a joint pretrial order, which shall include the following:
Summary: Joint pretrial order must be submitted by scheduling order deadline.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
The names, addresses (including firm names), and telephone and fax numbers of trial counsel.
Summary: Joint pretrial order must include counsel contact information.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
Defendant shall include responsive statements to each of Plaintiff's contentions. The failure to include such an opposing statement may result in the striking of the opposition to the motion.
Summary: Defendant must include responsive statements to each plaintiff contention.
Document Type
Opposition
Machine summary. Not checked yet.Mandatory?
Each contention by the movant and opponent made pursuant to this rule must be followed by citations to the administrative record, identifying evidence supporting and/or rebutting each said contention.
Summary: Each contention must be followed by citations to the administrative record.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Each numbered paragraph shall be followed by short, and concise statements by the parties.
Summary: Each numbered paragraph must be followed by concise statements.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Failure to submit such a statement may constitute grounds for denial of the motion, and failure to identify a legal error or finding unsupported by substantial evidence may be deemed a waiver of such argument
Summary: Failure to submit contentions may result in denial or waiver of arguments.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Plaintiff must state its contentions as to the alleged legal errors in the Secretary's determination and/or the specific findings of the decision of the Administrative Law Judge ("ALJ") that plaintiff contends is not supported by substantial evidence.
Summary: Plaintiff must state contentions about legal errors and unsupported findings.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
The full caption of the action.
Summary: Joint pretrial order must include full case caption.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
Unless otherwise ordered by the Court, each party shall file 15 days before the date of commencement of trial: i. In jury cases, requests to charge and proposed voir dire questions. Requests to charge should be limited to the elements of the claims, the damages sought and defenses. General instructions will be prepared by the court.
Summary: 15 days before trial, parties must file requests to charge and voir dire questions.
Document Type
Requests To Charge
Machine summary. Not checked yet.Mandatory?
A list of the names and addresses of all witnesses, including possible witnesses who will be called only for impeachment or rebuttal purposes and so designated, together with a brief narrative statement of the expected testimony of each witness. Only listed witnesses will be permitted to testify except when prompt notice has been given and good cause shown.
Summary: Joint pretrial order must include witness list with expected testimony.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
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.
Summary: Joint pretrial order must include deposition designations and objections.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
By claim, a proposed verdict sheet;
Summary: 15 days before trial, parties must file proposed verdict sheet by claim.
Document Type
Proposed Verdict Sheet
Machine summary. Not checked yet.Mandatory?
Any stipulations or agreed statements of fact or law which have been agreed to by all parties.
Summary: Joint pretrial order must include all stipulations and agreed statements.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
A list by each party of exhibits to be offered in its case in chief. Any party objecting to an exhibit must list their objection and the grounds.
Summary: Joint pretrial order must include exhibit list with objections and grounds.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
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.
Summary: Joint pretrial order must include jury trial election and trial days needed.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
A brief summary by each party of the claims and defenses that party has asserted which remain to be tried, without recital of evidentiary matter but including citations to all statutes relied on. Such summaries shall identify all claims and defenses previously asserted which are not to be tried.
Summary: Joint pretrial order must include brief summary of remaining claims and defenses with statute citations.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Important?
Memoranda of 10 pages or more shall contain a table of contents.
Summary: Memoranda of 10+ pages require table of contents.
Document Type
Motion Memorandum
Machine summary. Not checked yet.Important?
The Parties are advised that failure to timely and fully submit could lead to rescheduling of trial date.
Summary: Failure to timely submit joint pretrial order may result in trial date rescheduling.
Document Type
Joint Pretrial Order
Filing & Service rules
Courtesy Copy Requirements
Courtesy copies required for all motions to Magistrate Judge Lindsay.
Courtesy copies of all motion papers to be decided by Magistrate Judge Lindsay shall be provided to the Court upon filing of the motion, opposition, and reply briefs.
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Page 2 | Motions
Social Security motions require courtesy copies and electronic stipulation
Courtesy Copies: After filing, the movant(s) shall mail to Chambers one hard copy of all motion papers, and stipulations of fact marked as "Courtesy Copy." Defendant shall mail to Chambers one hard copy of the Administrative Record. In all cases in which the plaintiff is represented by counsel, the parties are to electronically transmit a Microsoft Word Document version of the stipulation of facts to Chambers via the Chambers email.
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Page 4 | F. Social Security Appeals
No courtesy copies for dispositive motions to District Judge.
Do not provide Magistrate Judge Lindsay with courtesy copies of dispositive motions made to the presiding District Judge.
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Page 2 | Motions
Filing Bundling Requirements
Motion papers must be bundled and fully briefed before filing.
Motion papers are not to be filed until the motion is fully briefed "Bundle Rule".
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Page 2 | Motions
Social Security motions must be fully briefed before filing
Filing: No motion papers shall be filed until the motion has been fully briefed. That is, the parties shall serve each other with moving papers, opposition papers and reply, if any. Once motion is fully briefed (all papers served), then the movant(s) shall electronically file the entire set of motion papers along with the stipulations of fact, and the Administrative Record.
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Page 4 | F. Social Security Appeals
Pre-Motion Conference Requirements
Pre-motion conference request letter limited to 2 pages with Rule 56 statements
After receiving the counter-statement pursuant to Rule 56, should the movant still wish to move for summary judgment, the movant is directed to write to the Court and request a pre-motion conference. In no more than two (2) pages, the letter should briefly state the basis for the anticipated motion. The letter shall also contain a copy of the Rule 56 statement and the non-movant's counter-statement. The pre-motion conference date will be set by the Court.
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Page 3 | D. Motions for Summary Judgment in Cases Before Magistrate Judge Lindsay for All Purposes
Summary judgment requires Rule 56.1 statement followed by counter-statement within 7 business days
Any party wishing to make a motion for summary judgment must first serve upon all parties a statement pursuant to Local Civil Rule 56.1 ("Rule 56.1") setting forth those items about which there is no material issue of fact. Each statement of material fact must be followed by a citation to evidence which would be admissible, as set forth and required by Rule 56(e) of the Federal Rules of Civil Procedure. All parties receiving such a Rule 56.1 statement and wishing to oppose the motion must serve on the movant, within seven (7) business days of receiving the movant's Rule 56.1 statement, an original and two copies of a counter-statement pursuant to Rule 56.1 setting forth those items about which there exists a genuine issue of material fact. Again, a statement of material fact must be followed by a citation to evidence which would be admissible, as set forth and required by Rule 56(e) of the Federal Rules of Civil Procedure.
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Page 3 | D. Motions for Summary Judgment in Cases Before Magistrate Judge Lindsay for All Purposes
Adjournment & Extension Requirements
Adjournment requests require 48-hour advance notice.
All requests for adjournments or extensions of time shall be made at least 48 hours prior to the scheduled appearance or deadline, absent an emergency.
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Page 1 | Communications with Chambers
Adjournment requests must include reason, consent, and proposed dates.
Such letter applications must state the reason for the adjournment or extension, whether all parties consent and, where appropriate, a proposed amended pre-trial scheduling order or an indication of when the parties are available.
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Page 1 | Communications with Chambers
Chambers Communication Rules
Faxes to chambers require prior authorization.
Faxes to chambers are not permitted unless prior authorization is obtained.
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Page 1 | Communications with Chambers
Faxed papers must be sent to all parties.
Papers faxed to chambers must also be faxed to all other parties.
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Page 1 | Communications with Chambers