Courtroom Deputy Clerk: Deborah Zamito (716) 551-1881
Law Clerk: Matthew D. Yusick (716) 551-1882
Law Clerk: James R. Arnone (716) 551-1884
Judge McCarthy accepts letter motions seeking adjournments or extensions of time where the parties unanimously consent to that relief. All other types of motions shall comply with L.R. Civ. P. 7. For letter motions seeking to modify Case Management Order deadlines, the parties remain obligated to demonstrate "good cause," as required by Fed. R. Civ. P. 16(b)(4).
Unless previously provided with a date by the court, motions shall not contain return dates. Courtesy copies of all motion papers shall be provided to chambers and include the headers generated upon filing with CM/ECF. Oral argument will be scheduled by the court if deemed necessary or requested by one of the parties. If a motion is not decided within 60 days of the time it is fully submitted, the parties are encouraged to bring this to the Court’s attention.
All such requests shall indicate whether the motion is on consent, set forth good cause for the request, and indicate the number of prior adjournments/extensions. If seeking to extend a criminal appearance or deadline, such request shall also address the exclusion of time from the Speedy Trial Act calendar. Parties shall also provide proposed deadlines or dates/times that are mutually agreeable to all parties.
If discovery disputes arise, the parties shall initially advise the court of the dispute via letter (copying opposing counsel). Upon review of the letter, Judge McCarthy will generally schedule a conference with the parties to attempt to resolve the issue informally. If the dispute is not resolved informally, the parties will be given the opportunity to file a formal motion. This informal discovery dispute resolution process is not expedited motion practice. Therefore, letter submissions should provide a brief overview of the issue with supporting documentation and the parties' positions. Parties do not waive arguments by failing to raise them in their letter submissions.
Judge McCarthy accepts letter submissions via mail or e-mail only, not by fax. Any e-mail submissions should be sent to email@example.com.
In civil matters, parties may generally participate via telephone upon advance notice to chambers unless the proceeding involves taking testimony, requires the exchange of documents, or otherwise ordered by the court. Those electing to participate by telephone shall notify my chambers no later than 24 hours in advance of the conference, failing which it will be assumed that they will be attending in person. In criminal matters, the parties may participate via telephone upon advance approval by the court. The court will initiate all calls using the telephone number provided on the docket unless an alternative telephone number is provided at the time chambers is notified of a party’s telephonic participation.