Judge Brian M. Cogan
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Not required
Adjournments
- Adverse party consent alone is not sufficient for extension/adjournment.
- Discovery extensions require exhaustion of legal remedies for non-compliance.
- Adjournment/extension requests must be ECF letters (except pro se).
Request must include
- Sentencing adjournment requests require 5 business days notice from defense, 2 business days for government response.
Communication
Chambers
Phone
Chambers
Letter via fax
Chambers
Page & Word Limits3 rules
Machine summary. Not checked yet.Mandatory?
Unless prior permission has been granted, memoranda of law in support of or in opposition to motions, if filed by an attorney or prepared with a computer, may not exceed 8,750 words, and reply briefs may 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. The briefs shall be double spaced, with Times New Roman 12-point font and one-inch margins. All memoranda 10 pages or longer shall contain a table of contents and table of authorities.
Summary: Attorney briefs limited to 8,750 words (support/oppose) or 3,500 words (reply), with specific formatting.
8,750 words
Applies to: Attorney
Reply Brief
3,500 words
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
If filed by a party who is not represented by an attorney and handwritten or prepared with a typewriter, briefs in support of and in response to a motion may not exceed 25 pages, and reply briefs may not exceed 10 pages.
Summary: Pro se briefs limited to 25 pages (support/oppose) or 10 pages (reply).
25 pages
Applies to: Pro Se
Reply Brief
10 pages
Applies to: Pro Se
Machine summary. Not checked yet.Important?
In no event are faxes longer than ten pages permitted without prior authorization.
Summary: Faxes longer than 10 pages require prior authorization.
Fax
10 pages
Applies to: Attorney
Document Format Requirements7 rules
Machine summary. Not checked yet.Mandatory?
State Court records in habeas corpus cases under 28 U.S.C. § 2254 must have each portion plainly labeled on ECF, not simply listed as an “Exhibit,” in a manner substantially similar to the following:
Summary: State court records in habeas cases must be plainly labeled on ECF, not just as “Exhibit.”
Machine summary. Not checked yet.Mandatory?
All documents in civil actions shall be filed electronically.
Summary: All civil documents must be filed electronically.
Machine summary. Not checked yet.Mandatory?
The following format will be rejected and refiling required:
Summary: Generic “Exhibit State Court Record” labeling will be rejected and require refiling.
Machine summary. Not checked yet.Mandatory?
Filing Rules: In accordance with ECF Filing System
Summary: All filings must follow ECF Filing System rules.
Machine summary. Not checked yet.Mandatory?
All exhibits to declarations, affidavits or affirmations must be separately tabbed and indexed. Exhibits to declarations, affidavits or affirmations filed on ECF must be described following this sample format: (Attachments: # 1 Rule 56.1 Statement in Support of Plaintiff's Motion for Summary Judgment, # 2 Memorandum in Support of Plaintiff's Motion for Summary Judgment, # 3 Declaration, # 4 Exhibit 1-Excerpts of deposition transcript of John Doe dated 1-1-2024, # 5 Exhibit 2-Expert Report of Jane Doe, # 6 Exhibit 3-Rebuttal Expert Report, # 7 Exhibit 4-Amended Expert Report, # 8 Exhibit 5-Email from John Doe dated 1-1-2024.
Summary: Exhibits must be tabbed, indexed, and described in specific format.
Machine summary. Not checked yet.Mandatory?
NO HARD COPIES OF LETTERS, INCLUDING LETTERS REQUESTING EXTENSIONS OR ADJOURNMENTS, SHALL BE DELIVERED TO CHAMBERS OR TO THE COURT.
Summary: Letters must be filed electronically, no hard copies to chambers.
Machine summary. Not checked yet.Important?
Pro se parties are exempt from mandatory ECF filing. However, (1) parties represented by counsel must file documents electronically, even if that party’s adversary is pro se; and (2) pro se parties who have filed consent to electronic notification in any other form shall not receive notification in any other form.
Summary: Pro se parties exempt from ECF filing; represented parties must file electronically even against pro se opponents.
Paper
Document Filing Requirements13 rules
Machine summary. Not checked yet.Mandatory?
The filing of Affidavits of Service as to any papers other than the summons and complaint is prohibited, except in pro se cases.
Summary: Affidavits of Service prohibited except in pro se cases.
Document Type
Affidavit Of Service
Machine summary. Not checked yet.Mandatory?
All requests for relief from the Court, whether by letter or formal motion papers, shall be designated as a “motion” on ECF.
Summary: All requests for relief must be designated as motions on ECF.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
When filing an amended complaint, counsel must attach a redline (in PDF form) indicating the differences between the previously-filed complaint and the amended complaint.
Summary: Amended complaints must include a redline PDF showing changes from previous complaint.
Document Type
Amended Complaint
Machine summary. Not checked yet.Mandatory?
On motions for summary judgment, do not attach complete deposition transcripts as exhibits to affidavits or affirmations. Attach only pages containing relevant testimony to which citation is made in the memoranda or affidavits. However, any excerpted submissions must anticipate and comply with Federal Rule of Evidence 106. In other words, do not distort the record by leaving out a portion of the excerpt necessary for completeness.
Summary: Summary judgment motions: only relevant deposition pages as exhibits, must comply with FRE 106.
Document Type
Summary Judgment Motion
Machine summary. Not checked yet.Mandatory?
Do not annex as exhibits copies of pleadings or other filings that already appear on the docket.
Summary: Do not include as exhibits documents already on the docket.
Document Type
Exhibit
Machine summary. Not checked yet.Mandatory?
Affidavits or affirmations shall not be accepted on motions unless they are confined to factual averments. Attorney’s affidavits or affirmations shall not be accepted unless: (a) the facts addressed are within the personal knowledge of the attorney, such as in a discovery dispute; or (b) the attorney is authenticating documents and the attorney reasonably believes that authentication is not in issue.
Summary: Affidavits must be factual; attorney affidavits limited to personal knowledge or document authentication.
Document Type
Affidavit
Machine summary. Not checked yet.Mandatory?
Motions for summary judgment may be denied if the Local Rule 56.1 Statements do not conform with the following requirements in addition to those set forth in the Local Rule: (a) Except in pro se cases, the Local Rule 56.1 statement by a party opposing summary judgment shall quote verbatim the moving party’s Local Rule 56.1 statement, and shall respond to each allegation in the moving party’s statement immediately beneath each allegation. The opposing statement also may, if necessary, include a separate section of additional material facts alleged to be in dispute.
Summary: Summary judgment: opposing party must quote verbatim movant's LR 56.1 statement and respond to each allegation.
Document Type
Lr 56 1 Statement
Machine summary. Not checked yet.Mandatory?
Defendant’s sentencing memorandum, if any, is due two weeks prior to sentencing. The Government’s response, if any, is due one week prior to sentencing. If the defendant and the Government agree that the case presents no material factual or legal disputes, they may modify this schedule and shall advise the Court if they do so. Sentencing memoranda and any objections to the Presentence Report must be provided to the Probation Department.
Summary: Sentencing memoranda deadlines: defendant 2 weeks before, government 1 week before sentencing.
Document Type
Sentencing Memorandum
Machine summary. Not checked yet.Mandatory?
After the Government’s time for filing a response has passed, but no less than five days prior to the scheduled sentencing, either party shall file a letter by ECF confirming that the sentencing is to proceed as scheduled. In the absence of such confirmation, the Court may adjourn the sentencing sua sponte for approximately 30 days.
Summary: Confirmation letter required 5 days before sentencing; failure to confirm may result in 30-day adjournment.
Document Type
Confirmation Letter
Machine summary. Not checked yet.Important?
Counsel must provide a brief description of the subject matter of the letter in the ECF entry field, e.g., “Joint Letter in connection with Initial Status Conference,” not simply, “Letter,” so that the docket remains intelligible.
Summary: ECF entry must include brief description of letter subject matter.
Document Type
Letter
Machine summary. Not checked yet.Note?
Filing on ECF constitutes service of papers other than the summons and complaint, although attorneys or pro se litigants may wish to agree on additional service by mail or delivery as a mutual accommodation.
Summary: ECF filing constitutes service for all papers except summons and complaint.
Document Type
All
Machine summary. Not checked yet.Note?
Oral Argument: Note “Oral Argument Requested” in the caption of Notice of Motion or the opposing memorandum
Summary: To request oral argument, note “Oral Argument Requested” in motion caption or opposing memorandum.
Document Type
Notice Of Motion
Machine summary. Not checked yet.Note?
Motion Returnable: Any day the Court is open (counsel should not appear)
Summary: Motions returnable any day court is open; counsel should not appear.
Document Type
Motion
Filing & Service rules
Courtesy Copy Requirements
No courtesy copies required for motions.
Courtesy Copies: No
Machine summary. Not checked yet.
Page 4 | III. Pleadings and Motions in Civil Cases
Filing Bundling Requirements
Motion papers must be filed promptly; bundling is prohibited.
Motion papers shall be filed promptly. Do not hold motion papers until all papers are complete. In other words, the Court does not follow a “bundling rule.”
Machine summary. Not checked yet.
Page 5 | C. Motion Papers
Pre-Motion Conference Requirements
Pre-motion conference required for most motions except specified exceptions.
For all other motions except (1) for provisional remedies, reconsideration, and post-judgment relief, (2) motions in habeas corpus, social security, and bankruptcy appeals, (3) motions for attorneys’ fees, (4) motions in limine, (5) motions for sanctions, and (6) motions by non-parties or proposed intervenors, a pre-motion conference is required before a party may file any motion.
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Page 5 | B. Pre-Motion Conferences
Pre-motion letter (max 3 pages) required, with 5-day response period.
Parties must request a pre-motion conference in writing by ECF. The moving party shall submit a detailed letter not to exceed three pages in length setting forth the basis for the anticipated motion and simultaneously serve the request on all counsel. Parties so served shall serve and file a detailed letter response, not to exceed three pages, within five days from service of the notification letter, unless the Court directs otherwise.
Machine summary. Not checked yet.
Page 5 | B. Pre-Motion Conferences
Discovery motions require joint pre-motion letter describing meet and confer efforts.
For discovery motions, counsel must first describe their disputes in a single letter, jointly composed. Separate and successive letters will not be reviewed. Strict adherence to Fed.R.Civ.P. 37(a)(1), the meet and confer rule, is required, and should be described in the joint submission as to time, place and duration, naming the counsel involved in the discussion.
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Page 5 | B. Pre-Motion Conferences
Pre-motion conference not required for criminal motions.
Parties do not need to file a letter requesting a pre-motion conference before filing a motion in criminal cases.
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Page 8 | Motions in Criminal Cases
Adjournment & Extension Requirements
Adjournment/extension requests must be ECF letters (except pro se).
All requests for adjournments or extensions of time must be by ECF letter only (except for pro se litigants) and must state:
Machine summary. Not checked yet.
Sentencing adjournment requests require 5 business days notice from defense, 2 business days for government response.
Applications regarding sentencing adjournments shall be made in writing by defense counsel at least five business days prior to the date of sentencing. The Government’s response, if any, shall be made in writing at least two business days before the date of sentencing.
Machine summary. Not checked yet.
Discovery extensions require exhaustion of legal remedies for non-compliance.
Discovery extensions in civil cases will not be granted based on an opponent’s or non-party’s non-compliance with discovery obligations unless the movant has exhausted, promptly upon the non-compliance, all legal remedies to obtain compliance.
Machine summary. Not checked yet.
Adverse party consent alone is not sufficient for extension/adjournment.
The consent of the adverse party is not a sufficient ground for an extension or adjournment.
Machine summary. Not checked yet.
Chambers Communication Rules
Phone calls to chambers permitted 9:30 AM - 4:30 PM for scheduling/emergencies only.
Telephone calls to Chambers as to scheduling matters or emergency matters only are permitted between 9:30 a.m. and 4:30 p.m.
Machine summary. Not checked yet.
Faxes to chambers permitted only for urgent matters with copies to all counsel.
For attorneys who doubt this, faxes to Chambers are permitted only for urgent matters, and only if copies are simultaneously faxed or delivered to all counsel. Do not follow with a hard copy.
Machine summary. Not checked yet.
Do not call chambers with procedural questions covered by local/federal rules.
Do not call Chambers with procedural questions that are covered by the Local Rules of this Court and the Federal Rules of Civil or Criminal Procedure.
Machine summary. Not checked yet.
Do not copy court on correspondence between counsel.
Counsel shall not copy the Court on correspondence between and among them.
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Junior Lawyer Participation Incentives
Junior lawyers (under 5 years) may increase likelihood of oral argument.
The likelihood of oral argument is increased if the Court is advised by letter with the filing of the motion or opposition that the attorney who will argue the motion or opposition has been admitted to the bar five years or less.
Machine summary. Not checked yet.
Page 7 | Local Rule 56.1 statement