Judge Lee G. Dunst
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- Upon request
Courtesy copies
- Not required
Opposition
- Upon Filing
Adjournments
- Parties seeking adjournment of a Court conference must propose mutually convenient rescheduled dates.
- Adjournment requests affecting other appearances or deadlines must include proposed schedule revisions.
- Parties must meet and confer and grant professional courtesy for reasonable adjournment requests, especially the first request.
- +4 more
Request must include
- Adjournment/extension requests must be made at least 3 business days in advance (absent emergency) and cannot be made telephonically absent extraordinary circumstances.
Communication
Phone
Chambers
Letter via fax
Chambers
Chambers
Page & Word Limits4 rules
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the parties are directed to file a joint letter that briefly describes the disputed issue. Each party's portion of the joint submission shall be limited to three
Summary: Joint letter for discovery disputes is limited to 3 pages per party.
Letter
3 pages
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Letter motions may not exceed five (5) pages in length, exclusive of attachments. A response in opposition may not exceed five (5) pages in length, exclusive of attachments, and must be filed within ten (10) business days after the motion is filed.
Summary: Letter motions and oppositions are limited to 5 pages each, exclusive of attachments; opposition due within 10 business days.
5 pages
Machine summary. Not checked yet.Mandatory?
Unless prior permission has been granted, memoranda of law in support of and in opposition to motions on notice are limited to twenty (20) pages, and reply memoranda are limited to eight (8) pages.
Summary: Opening and opposition memoranda limited to 20 pages; reply memoranda limited to 8 pages.
Brief
20 pages
Opposition
20 pages
Reply
8 pages
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The page limitations are exclusive of tables of contents and authorities.
Summary: Page limits for memoranda exclude tables of contents and authorities.
Document Format Requirements3 rules
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All memoranda of law shall comply with Local Rule Civil Rule 11.1(b) regarding typeface, margins and spacing.
Summary: Memoranda must comply with Local Civil Rule 11.1(b) on typeface, margins, and spacing.
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Where exhibits are voluminous, they should be placed in binders with tabs.
Summary: Voluminous exhibits must be organized in binders with tabs for trial.
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The form of papers in support of and opposing in limine motions shall be made by letter motion in accordance with Rule VI.A above.
Summary: In limine motions and oppositions must be filed as letter motions.
Document Filing Requirements7 rules
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At least five (5) business days before the Initial Conference, the parties must file on ECF a joint Proposed Discovery Plan/Scheduling Order that includes proposed deadlines for the following items: (a) exchange of initial disclosures, if not already completed; (b) amendment to pleadings; (c) joinder of parties; (d) completion of fact discovery (divided into two phases as discussed below); (e) settlement conference or mediation; (f) completion of expert discovery, if applicable; and (g) commencement of dispositive motion practice, if any
Summary: Parties must file a joint Proposed Discovery Plan/Scheduling Order at least 5 business days before the Initial Conference with specific required deadline items.
Document Type
Proposed Discovery Plan
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Rule 37(a)(1) requires that a certification be provided that "the movant has in good faith conferred . . . in an effort to obtain [the discovery] without court action."
Summary: Discovery motions must include a certification that the movant has in good faith conferred to obtain discovery without court action.
Document Type
Discovery Motion
Machine summary. Not checked yet.Mandatory?
All memoranda shall contain both a table of contents and a table of authorities.
Summary: All memoranda must include a table of contents and a table of authorities.
Document Type
Memorandum Of Law
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Legal arguments must be set forth in a memorandum of law; affidavits or declarations containing legal argument will be rejected.
Summary: Legal arguments must be in memoranda of law; affidavits or declarations with legal argument will be rejected.
Document Type
Affidavit
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A counseled party moving for summary judgment against a pro se party must attach the pro se party's complete deposition transcript to its declaration.
Summary: Summary judgment motions against pro se parties must attach the complete deposition transcript.
Document Type
Declaration
Machine summary. Not checked yet.Mandatory?
Any memoranda, affidavits, or declarations not complying with the requirements set forth herein will be rejected.
Summary: Non-compliant memoranda, affidavits, or declarations will be rejected.
Document Type
Memorandum Of Law
Machine summary. Not checked yet.Important?
Case citations must contain pinpoint cites.
Summary: Case citations in memoranda must include pinpoint cites.
Document Type
Memorandum Of Law
Filing & Service rules
Courtesy Copy Requirements
Opposition to in limine motions requires a courtesy copy to Chambers.
Opposition, if any, shall be filed ten (10) business days prior to trial, with a courtesy copy to Chambers.
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Courtesy copies only upon court request; dispositive motions to District Judge exempt unless specifically requested.
Courtesy copies and hard copies should only be provided upon the request of the Court. No courtesy copies of dispositive motions made to the assigned District Judge need to be provided to Magistrate Judge Dunst, unless specifically requested by Magistrate Judge Dunst.
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Courtesy copies of motion papers are not required unless the Court specifically requests them.
Courtesy copies are not required unless specifically requested by the Court.
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Page 18 | B. Dispositive Motions
Sealing & Redaction Procedures
Motions to seal must be filed via ECF with proposed sealed documents attached.
Motions for leave to file documents under seal must be filed via ECF in accordance with the Court's instructions for electronically filing sealed documents. The proposed sealed documents must be attached to the motion for leave to file under seal.
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Page 11 | DISCOVERY
Filing Bundling Requirements
Reply briefs for letter motions require court leave and are otherwise prohibited.
Reply briefs are only permitted upon obtaining leave of the Court and are otherwise prohibited.
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Page 17 | A. Discovery and Non-Dispositive Motions
Motion papers must not be filed on ECF until fully briefed; parties file simultaneously on the date the last paper was served.
No motion papers shall be filed on ECF 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 the motion is fully briefed (all papers served), then each party must file its own papers on ECF on the date the last paper was served.
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Page 18 | B. Dispositive Motions
Pre-Motion Conference Requirements
Pre-motion conference letter (max 3 pages) required before filing any dispositive motion.
Pre-Motion Conference. A letter motion (not to exceed three (3) pages) requesting a pre-motion conference is required before any dispositive motion may be filed.
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Page 17 | B. Dispositive Motions
Pre-motion letter responses due within 7 days; affidavits, exhibits, and replies are not permitted.
Letter responses are permitted and must be filed within seven (7) days of the request. Affidavits and exhibits to the letter motion and responses are not permitted. Replies are not permitted.
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Page 17 | B. Dispositive Motions
In limine motion opposition due 10 business days before trial; reply due 5 days before trial.
Opposition, if any, shall be filed ten (10) business days prior to trial, with a courtesy copy to Chambers. Replies, if any, should be made in the same manner five (5) days prior to trial.
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Adjournment & Extension Requirements
Adjournment/extension requests must include: (a) the date/deadline, (b) the reason (busy schedule insufficient), and (c) number of previous requests.
All requests for adjournments or extensions of time must state: a. the appearance date(s) or deadline(s) you wish to adjourn or extend; b. the reason for the request. The parties are reminded that "counsels' busy litigation schedule" is an insufficient excuse for excessive extensions and delays. See generally Zdunski v. Erie 2-Chautauqua-Cattaraugus Boces, No. 19-CV-940, 2021 WL 1239868, at *2 (W.D.N.Y. Apr. 2, 2021) ("Plaintiff's counsel's excuse for Plaintiff's noncompliance is essentially that she was 'too busy,' which courts generally hold to not excuse noncompliance with the court's discovery orders. . . . [A]lthough Plaintiffs' counsel may have been busy, this does not permit them to delay discovery and squander party and court resources in a case they have initiated.") (citations omitted); c. the number of previous requests for adjournment or extension (by you or anyone else);
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Page 8 | II. COMMUNICATIONS WITH CHAMBERS - E. Requests For Adjournments Or Extensions Of Time
Adjournment/extension requests must be made at least 3 business days in advance (absent emergency) and cannot be made telephonically absent extraordinary circumstances.
All requests for adjournments of a court appearance or extensions of time (including any court-ordered deadlines), absent an emergency, shall be made in writing at least three (3) business days prior to the scheduled appearance or deadline. Adjournment requests may not be made telephonically absent extraordinary circumstances. Furthermore, the Court expects the parties to make any requests for extensions in a timely manner and strongly disfavors untimely requests to retroactively modify court-ordered deadlines that have already expired.
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Page 8 | II. COMMUNICATIONS WITH CHAMBERS - E. Requests For Adjournments Or Extensions Of Time
Adjournment/extension requests must be filed as "Motions" on ECF, not as "Letters."
Requests for adjournments or extensions of time may be in letter format but must be filed electronically as "Motions" on ECF, not as "Letters."
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Page 8 | II. COMMUNICATIONS WITH CHAMBERS - E. Requests For Adjournments Or Extensions Of Time
Adjournment requests must state whether other parties consent or efforts made to contact them.
whether the other party or parties consent (including any reasons given for withholding consent); or, if the other parties could not be reached for input, efforts made to reach those parties
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Parties seeking adjournment of a Court conference must propose mutually convenient rescheduled dates.
To the extent a party seeks to adjourn a Court conference, if appropriate, the party shall propose mutually convenient date(s) for the re-scheduled conference.
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Adjournment requests affecting other appearances or deadlines must include proposed schedule revisions.
If the requested adjournment or extension affects any other Court appearance or deadline, the parties should include with the request proposed revisions to the previously-approved schedule.
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Adjournment requests must indicate whether they affect other scheduled appearances or deadlines.
whether the request affects any other scheduled Court appearance or deadline
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Parties must meet and confer and grant professional courtesy for reasonable adjournment requests, especially the first request.
Prior to seeking any adjournment, the parties shall meet and confer and grant each other the professional courtesy of agreeing to reasonable requests, especially for the first request for any adjournment.
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Page 8 | II. COMMUNICATIONS WITH CHAMBERS - E. Requests For Adjournments Or Extensions Of Time
Chambers Communication Rules
Telephone calls to chambers are generally prohibited except for emergencies; pro se parties must call the Pro Se Office instead.
Telephone calls to Chambers are GENERALLY PROHIBITED and permitted only in EMERGENCY situations requiring IMMEDIATE attention in civil cases, or as otherwise ordered by the Court. Any telephone requests for (1) assistance during the course of a deposition, or (2) adjournment requests in extraordinary circumstances must comply with the specific rules set forth below. Additionally, it is the Court's strong preference that counsel for all parties in civil cases be on the line for any calls to Chambers. Parties appearing pro se should not call Chambers, but rather should call the Court's Pro Se Office at (631) 712-6060 with any questions. Telephone calls regarding criminal matters are permitted and should be directed to the Courtroom Deputy at (631) 712-5765.
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Page 7 | II. COMMUNICATIONS WITH CHAMBERS - A. Telephone Calls
Emails to chambers are generally prohibited except for specific purposes (Rule II.F matters, ex parte settlement statements per Rule V.C., or as directed by Court).
Emails to Chambers are GENERALLY PROHIBITED and permitted ONLY (1) to notify Chambers of the matters described in Rule II.F set forth below, (2) to submit ex parte settlement statements consistent with Rule V.C. set forth below, or (3) as otherwise specifically directed by the Court.
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Page 7 | II. COMMUNICATIONS WITH CHAMBERS - C. Emails
Faxes to chambers are not permitted.
Faxes to Chambers are not permitted.
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Page 7 | II. COMMUNICATIONS WITH CHAMBERS - B. Faxes
Parties must contact chambers immediately by telephone for material deposition disputes requiring immediate intervention.
the parties are directed to contact Chambers immediately by telephone with counsel for the parties and the court reporter on the line.
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Page 14 | Disputes During Ongoing Depositions
Parties may not discontinue a deposition without first attempting to contact the Court.
Under no circumstances may the parties discontinue the deposition without first attempting to contact the Court.
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Page 14 | Disputes During Ongoing Depositions
Parties must notify chambers by email upon settlement or when recusal grounds arise.
A party or the parties should notify chambers by email if any of the following events occur: the parties have reached a settlement; or any party has reason to believe that that there may be grounds that Judge Dunst should be recused from any pending civil or criminal matter due to (a) his direct or indirect involvement in the matter, or (b) for any other reason that has come to a party's attention.
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All letters to the Court must be filed via ECF; correspondence between parties unrelated to motions should not be filed.
All letters sent to the Court must be filed via ECF (as set forth below), unless otherwise directed by the Court. Copies of correspondence between the parties should not be sent to the Court or filed via ECF if unrelated to a motion for relief.
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Page 8 | II. COMMUNICATIONS WITH CHAMBERS