Judge Robert M. Levy
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- Adjournment or extension requests must include specific required details, and if other dates are affected, include a proposed revised schedule.
Request must include
- Court-appearance adjournment requests must be made at least two business days in advance unless there is an emergency.
Communication
Phone
Chambers
Page & Word Limits1 rule
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Each party’s portion of the joint submission shall be limited to three pages.
Summary: Each side’s portion of a joint discovery-dispute submission is limited to three pages.
Discovery Motion
3 pages
Document Format Requirements1 rule
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Where exhibits are voluminous, they should be placed in binders with tabs.
Summary: Voluminous exhibits should be organized in tabbed binders.
Document Filing Requirements15 rules
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All correspondence must have case name, docket number, and initials of judges assigned to the case.
Summary: Correspondence must include case name, docket number, and judge initials.
Document Type
Correspondence
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iii. A brief statement by plaintiff as to the basis of subject matter jurisdiction, and a brief statement by each other party as to the presence or absence of subject matter jurisdiction. Such statements shall include citations to all statutes relied on and relevant facts as to citizenship and jurisdictional amount.
Summary: The joint pretrial order must include party jurisdiction statements with statutory citations and jurisdictional facts.
Document Type
Joint Pretrial Order
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v. 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: Each party must state jury or non-jury trial status and the number of trial days required.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
iv. 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: Each party must summarize remaining claims and defenses and identify claims and defenses no longer to be tried.
Document Type
Joint Pretrial Order
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ii. The names, addresses (including firm names) and telephone and fax numbers of trial counsel.
Summary: The joint pretrial order must list trial counsel contact details including addresses, phone, and fax numbers.
Document Type
Joint Pretrial Order
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i. The full caption of the action.
Summary: The joint pretrial order must include the full case caption.
Document Type
Joint Pretrial Order
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Unless otherwise ordered by the Court, within 60 days after the date for the completion of discovery in a civil case, the parties shall submit to the court for its approval a joint pretrial order.
Summary: Parties must submit a joint pretrial order within 60 days after discovery completion unless the court orders otherwise.
Document Type
Joint Pretrial Order
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iii. In non-jury cases, a statement of the elements of each claim or defense involving such party, together with a summary of the facts relied upon to establish each element.
Summary: In non-jury cases, each party must file element-by-element claim or defense statements with supporting fact summaries.
Document Type
Pretrial Filings
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i. Requests to charge and proposed voir dire questions.
Summary: Each party must file requests to charge and proposed voir dire questions in the pretrial filing set.
Document Type
Pretrial Filings
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Unless otherwise ordered by the Court, each party shall file, 15 days before the date of commencement of trial if such a date has been fixed, or 30 days after the filing of the final pretrial order if no trial date has been fixed:
Summary: Each party must make specified pretrial filings by either 15 days before trial or 30 days after the final pretrial order when no trial date is set.
Document Type
Pretrial Filings
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ii. By claim, a detailed statement regarding damages and other relief sought.
Summary: Each party must file a claim-by-claim detailed statement of damages and other relief sought.
Document Type
Pretrial Filings
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iv. In all cases, motions addressing any evidentiary or other issues which should not be resolved in limine; and
Summary: Each party must file motions on evidentiary or other issues that should not be handled in limine.
Document Type
Pretrial Filings
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A schedule listing exhibits to be offered in evidence and if not admitted by stipulation, the party or parties that will be offering them.
Summary: The joint pretrial order must include a schedule of exhibits and identify which party will offer each exhibit if not stipulated.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
All exhibits must be premarked for the trial and exchanged with the other parties at least ten days before trial.
Summary: Trial exhibits must be premarked and exchanged with other parties at least ten days before trial.
Document Type
Exhibits
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If any party concludes in good faith that delaying the filing of a motion, in order to comply with any aspect of these individual practices, will deprive the party of a substantive right, the party may file the motion within the time required by the Federal Rules of Civil and/or Appellate Procedure, together with an explanation of the basis for the conclusion.
Summary: A party may file within federal time limits to avoid loss of rights, but must include an explanation of that conclusion.
Document Type
Motion
Filing & Service rules
Filing Bundling Requirements
Motion papers must be filed promptly after service rather than held for later bundled filing.
iv. Filing of Motion Papers. Motion papers shall be filed promptly after service.
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Page 3 | Motions
Pre-Motion Conference Requirements
In consent cases, dispositive motions generally require a pre-motion conference, with 3-page pre-motion and response letters and a 7-day response deadline, subject to stated exemptions.
In such cases, a pre-motion conference with Judge Levy is required before making any dispositive motion, unless the moving party is not represented by counsel, or the case stems from a habeas corpus/prisoner petition or social security or bankruptcy appeal. The pre-motion conference may be conducted by telephone with the permission of the Court. i. To arrange a pre-motion conference, the moving party shall submit a letter not to exceed three (3) pages in length setting forth the basis of the anticipated motion. All parties so served must serve and file a letter response, not to exceed three (3) pages within seven (7) days of the service of the notification letter.
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Page 2 | Motions
Before a discovery motion proceeds, parties must submit a jointly composed single letter describing the dispute.
In the event the parties are unable to resolve a discovery dispute, the parties must write to the Court and describe their dispute in a single letter, jointly composed.
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Page 2 | Motions
Adjournment & Extension Requirements
Court-appearance adjournment requests must be made at least two business days in advance unless there is an emergency.
If the request is for an adjournment of a court appearance, absent emergency it shall be made at least 2 business days prior to the scheduled appearance.
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Page 2 | Communications With Chambers
Adjournment or extension requests must include specific required details, and if other dates are affected, include a proposed revised schedule.
The letter must state (1) the original date of the conference or deadline (2) the reason for the request, (3) how much additional time is needed, (4) the number of previous requests for adjournment or extension, (5) whether these previous requests were granted or denied, and (6) whether the adversary consents, and if not, the reasons given by the adversary for refusing to consent. If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling order must be included.
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Page 2 | Communications With Chambers
Chambers Communication Rules
Communications with chambers must be filed through ECF, except for pro se parties.
Except for parties proceeding pro se, all communications with chambers shall be filed via ECF.
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Page 1 | Communications With Chambers
Fax copies to chambers require prior permission.
copies of faxes to chambers shall not be sent without permission from chambers.
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Page 2 | Communications With Chambers
Phone requests for adjournments are prohibited except in emergencies.
Please do not call chambers to request an adjournment of a court date except in case of an emergency.
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Page 2 | Communications With Chambers
Scheduling and calendar issues should be handled by phone through Janine Marino.
For scheduling and calendar matters, call Janine Marino at (718) 613-2340.
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Page 2 | Communications With Chambers