Judge Steven I. Locke
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy • Mail
Filings > 15 pages
- Upon Filing
Motion
- 1 copy • Mail • Upon Filing
Motion Papers
- 1 copy • Upon Filing
Adjournments
- Adjournment and extension requests must be filed as written electronic motions at least two business days before the appearance unless there is an emergency.
- Adjournment and extension requests must include the original date, reason, party consent position, and count of prior requests.
- Adjournment requests for court proceedings must provide alternative dates when all parties are available.
Request must include
Communication
Chambers
Phone
Chambers
Phone
Clerk
Page & Word Limits3 rules
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A response in opposition not exceeding three pages in length, exclusive of attachments, must be served and filed within four days.
Summary: Opposition responses to letter motions are limited to three pages (excluding attachments) and must be filed within four days.
Opposition
3 pages
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Letter motions may not exceed three pages in length, exclusive of attachments.
Summary: Letter motions are limited to three pages, excluding attachments.
Letter Motion
3 pages
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and reply memoranda are limited to 10 pages.
Summary: Reply memoranda are limited to 10 pages.
Reply Memorandum
10 pages
Document Format Requirements5 rules
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All memoranda of law must use one inch margins, double spacing, and 12 point font.
Summary: Memoranda of law must use one-inch margins, double spacing, and 12-point font.
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Proposed requests to charge must also be submitted in Word format by e-mail to the Courtroom Deputy: kristin_gandiosi@nyed.uscourts.gov;
Summary: Proposed requests to charge must be submitted in Word format.
DOCX
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All letters must use one-inch margins, single spacing, and 12 point font.
Summary: All letters must use one-inch margins, single spacing, and 12-point font.
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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.
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one copy of all exhibits, pre-marked in binders.
Summary: Parties must provide one copy of all exhibits and the exhibits must be pre-marked and organized in binders.
Document Filing Requirements27 rules
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Affidavits or affirmations containing legal argument will be rejected.
Summary: Affidavits or affirmations that include legal argument are not permitted.
Document Type
Affidavit Or Affirmation
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The movant must serve a Rule 56.1 Statement pursuant to Local Civil Rule 56.1; a Notice of Motion; an initial memorandum of law; and appropriate supporting
Summary: A summary judgment movant must serve specified motion documents including a Rule 56.1 statement, notice of motion, and initial memorandum.
Document Type
Summary Judgment Motion
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Where the party moving for summary judgment is represented by counsel and one or more of the non-movants is appearing pro se, the parties must follow the same steps set forth above in Rule 4(D)(i), plus, the movant must also serve on the pro se party or parties a Notice Pursuant to Local Civil Rule 56.2, and must include a copy of that Notice in the moving papers.
Summary: In represented-versus-pro-se summary judgment cases, the movant must serve a Local Civil Rule 56.2 notice and include that notice in the moving papers.
Document Type
Moving Papers
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The responsive papers filed by the defendant, as required by AO(ii)(B), shall include an “Opposing Statement of Contentions,” containing correspondingly numbered paragraph responding to each numbered paragraph in the statement of the moving party.
Summary: Defendant responsive papers must include an Opposing Statement of Contentions with correspondingly numbered responses to the movant’s statement paragraphs.
Document Type
Responsive Papers
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All documents must comply with the requirements set out in Rule 4(C), supra, and in Local Civil Rule 56.1. Any documents that do not comply will be rejected.
Summary: Summary judgment documents must comply with Rule 4(C) and Local Civil Rule 56.1 or they will be rejected.
Document Type
Summary Judgment Motion Papers
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In all cases in which the plaintiff is represented by counsel, along with its motion for judgment on the pleadings, as required by AO(ii)(A), the plaintiff shall provide a “Statement of Contentions.”
Summary: In consent Social Security appeals where plaintiff is represented, a Statement of Contentions must be filed with the motion for judgment on the pleadings.
Document Type
Motion For Judgment On The Pleadings
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iv. a brief summary by each party of the claims and defenses that party has
Summary: The joint pretrial order must include each party’s brief summary of its claims and defenses.
Document Type
Joint Pretrial Order
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ii. names, addresses (including firm names), and telephone and fax numbers of trial counsel;
Summary: The joint pretrial order must list trial counsel names, addresses, and phone/fax contact details.
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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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 supporting statutory citations and jurisdictional facts.
Document Type
Joint Pretrial Order
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a list by each party as to the fact and expert witnesses whose testimony is to be offered in its case in chief, indicating whether such witnesses will testify in person or by deposition. Only listed witnesses will be permitted to testify except when good cause is shown;
Summary: Each party must provide a fact and expert witness list with testimony format, and unlisted witnesses are excluded absent good cause.
Document Type
Witness List
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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; and,
Summary: Each party must designate deposition testimony for its case-in-chief, including cross-designations and objections.
Document Type
Deposition Designations
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a pretrial memorandum, including citations to case law and/or the record as appropriate.
Summary: A pretrial memorandum with citations to case law and/or the record is required.
Document Type
Pretrial Memorandum
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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: Parties must submit an exhibit schedule identifying exhibits and the offering party when not stipulated.
Document Type
Exhibit Schedule
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in jury cases, requests to charge and proposed voir dire questions.
Summary: In jury cases, requests to charge and proposed voir dire questions must be filed as pretrial submissions.
Document Type
Jury Instructions
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The schedule must also include possible impeachment documents and/or exhibits, as well as exhibits that will be offered only on rebuttal.
Summary: The exhibit schedule must include impeachment and rebuttal exhibits.
Document Type
Exhibit Schedule
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Unless otherwise ordered by the Court, each party shall electronically file, at least two weeks before the date of commencement of trial:
Summary: Required pretrial filings must be electronically filed at least two weeks before trial unless the court orders otherwise.
Document Type
Pretrial Filings
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The parties must list and briefly describe the basis for any objections that they have to the admissibility of any exhibits to be offered by any other party.
Summary: Parties must list and briefly explain admissibility objections to other parties' exhibits.
Document Type
Exhibit Objections
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in jury cases, by claim, a detailed statement regarding damages and other relief sought;
Summary: In jury cases, parties must file a claim-by-claim detailed statement of damages and other relief sought.
Document Type
Damages Statement
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All exhibits must be pre-marked for the trial and exchanged with the other parties at least ten days before trial.
Summary: All trial exhibits must be pre-marked and exchanged at least ten days before trial.
Document Type
Exhibits
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Requests for extensions must establish good cause for the relief sought and must include a proposed amended scheduling order where appropriate.
Summary: Extension requests must show good cause and include a proposed amended scheduling order when appropriate.
Document Type
Extension Request
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Legal argument must be set forth in a memorandum of law.
Summary: Legal argument must appear in a memorandum of law.
Document Type
Memorandum Of Law
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Case citations set forth in the body of the memoranda of law must contain pinpoint cites.
Summary: Case citations in memorandum bodies must include pinpoint citations.
Document Type
Memorandum Of Law
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Memoranda of 10 pages or more shall contain a table of contents.
Summary: Memoranda that are 10 pages or longer must include a table of contents.
Document Type
Memorandum Of Law
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the Statement of Contentions should identify with particularity the aspects of the plaintiff’s purported disability which were disregarded by the ALJ along with specific page citations identifying evidence supporting this claim.
Summary: The Statement of Contentions should specifically identify disregarded disability aspects and cite supporting record pages.
Document Type
Statement Of Contentions
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The Government, in turn, in its Opposing Statements should provide citations identifying the evidence which it believes the ALJ properly relied upon in reaching a determination as to those specific findings.
Summary: Opposing Statements should cite evidence supporting the ALJ findings being defended.
Document Type
Opposing Statement
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Requests to charge should be limited to the elements of the claims, the damages sought, and defenses.
Summary: Requests to charge should be limited to claim elements, damages sought, and defenses.
Document Type
Jury Instructions
Filing & Service rules
Courtesy Copy Requirements
Courtesy hard copies are required for referred or noticed motions and must be labeled Courtesy Copy with the ECF docket number.
Referred motions or motions on notice made to Judge Locke. Such papers must be clearly marked “Courtesy Copy” and indicate the ECF-assigned docket number.
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Page 1 | Electronic Case Filing (ECF)
Courtesy hard copies are required for letter motions when total pages with exhibits or attachments exceed 15.
Letter Motions with exhibits or attachments exceeding 15 pages in total.
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Page 1 | Electronic Case Filing (ECF)
After ECF filing, one hard-copy courtesy set of motion papers must be submitted with specific marking and tabbing requirements, subject to a dispositive-motion exception.
After electronic filing, one hard copy of the motion papers shall be submitted to Judge Locke. Courtesy copies of dispositive motions made to the District Judge should not be provided to Judge Locke unless such motions have been referred to him. Courtesy copies must comply with the following requirements: (a) copies of all papers must be clearly marked as “Courtesy Copy” and indicate the ECF-assigned docket number(s), and (b) exhibits must have tabbed dividers that protrude beyond the edges of the page at either the bottom or side of the papers.
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Page 7 | Motions
After e-filing, movants must mail one hard-copy courtesy copy of all motion papers to the Court.
After electronic filing, the movant(s) shall mail to the Court one hard copy of all motion papers marked as “Courtesy Copy” as per the undersigned’s individual rules.
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Page 11 | Summary Judgment Motions in Cases on Consent to Judge Locke
Defendant must mail one hard copy of the Administrative Record to the Court.
Defendant shall mail to the Court one hard copy of the Administrative Record.
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Page 11 | Summary Judgment Motions in Cases on Consent to Judge Locke
Sealing & Redaction Procedures
Prior court permission is required before filing documents under seal.
Documents may not be filed under seal without prior permission of the Court.
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Page 1 | Electronic Case Filing (ECF)
Filing Bundling Requirements
Under the Bundle Rule, motion papers are filed only after full briefing and all papers are filed electronically on the same date by the moving party.
all motions are subject to the “Bundle Rule,” that is, no motion papers shall be filed with the Court until the motion is fully briefed by both sides and exchanges of all papers have been made. All motion papers should be filed electronically on the same filing date, and the moving party is responsible for the filing of all motion papers.
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Page 5 | Motions > C. ii. Filing of Motions with the Court
Movants must file the full set of motion papers, statement of contentions, and administrative record together under the bundling rule.
On that day, the movant(s) shall electronically file the entire set of motion papers, statement of contentions, and the administrative record with the Court in accordance with the “bundling rule.”
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Page 11 | Summary Judgment Motions in Cases on Consent to Judge Locke
Any motions in limine must be fully briefed when filed.
fully briefed motions in limine, if any;
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Page 13 | B. Filings Prior to Trial.
Specified motion categories are exempt from the Bundle Rule.
Motions Excepted from the Bundle Rule: The following motions are not subject to the Bundle Rule: a. Motions for admission pro hac vice b. Motions for reconsideration pursuant to Local Civil Rule 6.3 of orders issued by Judge Locke c. In cases on consent to Judge Locke, motions pursuant to Fed. R. Civ. P. 50, 52, 59 or 60, motions pursuant to Fed. R. App. P. 4(a)(5), and motions brought by order to show cause
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Page 7 | Motions
Pre-Motion Conference Requirements
For discovery or other non-dispositive motions, parties must try in good faith to resolve disputes in person or by phone before filing a motion.
Parties must make a good faith effort to resolve disputes in person or by telephone, before making a motion.
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Page 5 | Motions > A. i. Letter Motions
Letter motion briefing requires opposition within four days and does not permit replies.
A response in opposition not exceeding three pages in length, exclusive of attachments, must be served and filed within four days. Replies are not permitted on letter motions.
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Page 5 | Motions > A. i. Letter Motions
For summary judgment in represented-party cases, a pre-motion letter is required and no pre-motion conference is required.
Any party planning to make a motion for summary judgment must notify the Court of its intention by electronically filing a letter that (a) briefly states the basis for the motion and (b) sets forth a proposed briefing schedule agreed to by the parties. No pre-motion conference is necessary. The Court will then issue an order either approving the parties’ proposed briefing schedule or setting a new one.
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Page 7 | Summary Judgment Motions in Cases on Consent to Judge Locke
No pre-motion conference is required for these non-dispositive motion procedures.
No pre-motion conference is required.
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Page 5 | Motions > A. ii. Motions on Notice
Adjournment & Extension Requirements
Adjournment and extension requests must include the original date, reason, party consent position, and count of prior requests.
Requests for adjournments or extensions must state the date of the original conference or deadline, the reason an adjournment or extension is needed, whether all parties consent (and reason(s) for withholding consent), and the number of prior adjournments or extensions.
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Page 3 | B. Requests for Adjournments or Extensions of Time
Adjournment and extension requests must be filed as written electronic motions at least two business days before the appearance unless there is an emergency.
All requests for adjournments or extensions of time must be made in writing and filed electronically as motions at least two business days prior to the scheduled appearance, absent an emergency.
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Page 3 | B. Requests for Adjournments or Extensions of Time
Adjournment requests for court proceedings must provide alternative dates when all parties are available.
Requests to adjourn a court proceeding must list at least three alternative dates when all parties are available.
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Page 3 | B. Requests for Adjournments or Extensions of Time
Chambers Communication Rules
Required ex parte settlement statements must not be ECF-filed and may be sent by email to the Courtroom Deputy.
Ex parte settlement statements required by the Court should not be electronically filed. These statements may be emailed to Courtroom Deputy Kristin Gandiosi at kristin_gandiosi@nyed.uscourts.gov.
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Page 1 | Electronic Case Filing (ECF)
Letters seeking court intervention, including adjournment or extension requests, must be filed on ECF under Motions rather than Other Documents.
Any letter to Judge Locke requesting Court intervention, including those sent pursuant to Local Civil Rules 37.1 and 37.3 or requesting an adjournment or extension of discovery deadlines, must be electronically docketed under “Motions” and not under “Other Documents” as a “Letter.”
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Page 1 | Electronic Case Filing (ECF)
Proposed requests to charge must be emailed to the Courtroom Deputy at the listed chambers email address.
Proposed requests to charge must also be submitted in Word format by e-mail to the Courtroom Deputy: kristin_gandiosi@nyed.uscourts.gov;
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Page 13 | B. Filings Prior to Trial.
ECF filing questions should be directed by phone to the listed clerk contact number.
For questions regarding ECF filing please call (718) 613-2571.
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Page 1 | Electronic Case Filing (ECF)
For non-criminal questions, parties should contact Chambers at (631) 712-5720.
Other questions should be directed to the main Chambers number, (631) 712-5720.
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Page 3 | A. Telephone Calls