Judge Clay H. Kaminsky
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- Upon request
Adjournments
- Adjournment, conference-change, and deadline-extension requests must be filed as ECF letter motions and, unless emergency, made at least three business days before the conference.
- Adjournment or extension motions must include prior date/request history, reason, consent position, and where appropriate impacts on other dates or proposed rescheduled dates.
Request must include
Communication
Chambers
Phone
Intake Unit
Phone
Chambers
Page & Word Limits1 rule
Machine summary. Not checked yet.Mandatory?
Each party’s portion of the joint submission shall be limited to two pages.
Summary: Each party is limited to two pages in its portion of the joint discovery-dispute submission.
Joint Submission
2 pages
Document Format Requirements1 rule
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Memoranda of law should conform to the length and formatting requirements of Local Rule 7.1.
Summary: Memoranda of law should comply with Local Rule 7.1 length and formatting requirements.
Document Filing Requirements6 rules
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Counsel representing parties in cases involving pro se litigants must send copies of documents filed by ECF to the pro se party and must file proof of service on ECF.
Summary: In cases with pro se litigants, counsel must serve ECF-filed documents on the pro se party and file proof of service.
Document Type
Ecf Filing
Machine summary. Not checked yet.Mandatory?
The parties must file their joint proposed discovery plan on ECF at least one week before the Initial Conference.
Summary: Parties must file a joint proposed discovery plan at least one week before the initial conference.
Document Type
Joint Proposed Discovery Plan
Machine summary. Not checked yet.Mandatory?
Attorneys appearing before the Court must first enter a notice of appearance on ECF prior to their first appearance.
Summary: Counsel must file a notice of appearance on ECF before appearing for the first time.
Document Type
Notice Of Appearance
Machine summary. Not checked yet.Mandatory?
Each settlement statement must contain the last demand and offer made, a realistic assessment of the strengths and weaknesses of the case, information on what is important to the client, any barriers to settlement, and anything else that will assist the Court in helping the parties reach an agreement.
Summary: Each confidential settlement statement must include specified substantive content, including offers, case assessment, client priorities, and settlement barriers.
Document Type
Confidential Ex Parte Settlement Statement
Machine summary. Not checked yet.Mandatory?
The parties must file a joint proposed pretrial order in the format prescribed by the presiding District Judge on or before the deadline set by the Court or as set forth in the presiding District Judge’s Individual Practices and Rules.
Summary: Parties must file a joint proposed pretrial order by the applicable deadline and in the presiding district judge’s required format.
Document Type
Joint Proposed Pretrial Order
Machine summary. Not checked yet.Important?
Parties should generally make such applications as letter motions in compliance with Local Civil Rule 7.1(e).
Summary: Non-dispositive motion applications should generally be filed as letter motions under Local Civil Rule 7.1(e).
Document Type
Non Dispositive Motion Application
Filing & Service rules
Courtesy Copy Requirements
Courtesy copies of e-filed documents must not be sent unless the Court specifically requests them.
No courtesy copies of electronic filings should be sent to Chambers absent a specific request from the Court.
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Page 2 | I.D
Filing Bundling Requirements
When parties consent to Judge Kaminsky’s jurisdiction, dispositive motion papers need not be held until fully briefed.
The moving party need not request a pre-motion conference or hold motion papers until all papers are complete (i.e., Judge Kaminsky does not follow a “bundling rule”).
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Page 6 | B. Dispositive Motions
Pre-Motion Conference Requirements
Before seeking court intervention on a discovery dispute, parties must file a joint pre-motion letter requesting an informal discovery conference with specified content.
If the parties are unable to resolve a discovery dispute themselves, the parties must write to the Court and describe their dispute in a single, joint letter, filed on ECF as a “Motion” for an informal discovery conference. The letter shall begin with a brief statement of the claims and defenses at issue in the case and must describe the parties’ efforts to confer and resolve the dispute without court intervention as required by Fed. R. Civ. P. 37(a)(1).
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Page 4 | III. DISCOVERY
When parties consent to Judge Kaminsky’s jurisdiction, dispositive motions do not require a pre-motion conference.
Where the parties have consented to Judge Kaminsky, the parties may file their dispositive motions in compliance with the Federal Rules of Civil Procedure and the Local Civil Rules. The moving party need not request a pre-motion conference or hold motion papers until all papers are complete (i.e., Judge Kaminsky does not follow a “bundling rule”).
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Page 6 | B. Dispositive Motions
Adjournment & Extension Requirements
Adjournment, conference-change, and deadline-extension requests must be filed as ECF letter motions and, unless emergency, made at least three business days before the conference.
All requests for the adjournment of a court date or any other change to a court conference (such as a request to appear by telephone) or for the extension of a court-ordered deadline must be by letter motion filed on ECF as a “Motion,” not as a “Letter” or “Status Report.” Absent an emergency, the motion must be made at least three business days prior to the conference.
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Page 2 | I.C
Adjournment or extension motions must include prior date/request history, reason, consent position, and where appropriate impacts on other dates or proposed rescheduled dates.
Each such motion must state: (1) the original date and the number of previous requests; (2) the reason for the request, which must demonstrate “good cause” if the request is for an extension of discovery, see Fed. R. Civ. P. 16(b)(4); and (3) whether the request is on consent and, if not, the reasons given for withholding consent. If appropriate, the parties should indicate whether the request affects other scheduled dates or propose mutually convenient dates for a re-scheduled conference.
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Page 2 | I.C
Chambers Communication Rules
Communications with Chambers must generally be filed via ECF, and requests for court action should use the Motion event type rather than Letter.
Except as provided below, communications with Chambers should be by ECF, using the appropriate event type and a brief description of the document. When filing a letter asking the Court to take an action, the appropriate event type is typically “Motion,” not “Letter.”
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Page 1 | I.A. ECF Generally Required
Parties must immediately email Chambers if there is reason to believe Judge Kaminsky should be recused.
A party or the parties must immediately notify Chambers by email if any party has reason to believe Judge Kaminsky should be recused from any pending action.
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Page 2 | I.G
Phone calls to Chambers are allowed only for emergencies requiring same-day attention.
Telephone calls to Chambers are permitted only in emergency situations requiring same-day attention.
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Page 2 | I.E
Confidential ex parte settlement statements must be emailed to chambers at least one week before the settlement conference unless the court directs otherwise.
Confidential ex parte settlement statements must be emailed to Chambers at least one week before the conference, except as otherwise directed by the Court.
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Page 4 | II. APPEARANCES AND CONFERENCES
During unresolved deposition disputes, parties must contact Chambers immediately by email.
If a dispute arises during a deposition that the parties cannot resolve themselves despite their best efforts, the parties must contact Chambers immediately by email and by telephone.
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Page 5 | B. Disputes During Ongoing Depositions
Emails to Chambers are restricted to uses expressly allowed by the rules or specifically directed by the Court.
Emails to Chambers (Kaminsky_Chambers@nyed.uscourts.gov) are permitted only as provided in these Rules or as otherwise directed by the Court.
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Page 2 | I.F
Deposition-dispute emails to Chambers should include a brief description of the dispute and a callback number.
The email should include a brief description of the dispute and a callback number.
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Page 5 | B. Disputes During Ongoing Depositions
Pro se parties may call the Pro Se Office at the listed number for case-related questions.
Pro se parties may call the Court’s Pro Se Office with case-related questions at (718) 613-2665.
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Page 2 | I.E