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Hon. Jeremiah J. McCarthy

Hon. Jeremiah J. McCarthy

United States Magistrate Judge

2 Niagara Square

Buffalo, New York   14202

Telephone:  (716) 551-1880

Fax:  (716) 551-1885

 

Judicial Assistant:  Deborah Zamito

Courtroom Deputy Clerk:  M. Linda Lewis

Law Clerk:  Matthew D. Yusick

 

CHAMBERS PROCEDURES

 

Motions

Unless previously provided with a date by the Court, motions shall not contain return dates.  If motion papers are voluminous, courtesy copies shall be provided to chambers.  Oral argument will be scheduled by the Court if deemed necessary or requested by one of the parties.

 

Requests for Adjournments or Enlargements of Time

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.

 

Discovery Disputes

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.

 

Submissions to Chambers

Judge McCarthy accepts letter submissions via mail, e-mail or fax.  Any e-mail submissions should be sent to mccarthy@nywd.uscourts.gov.

 

Participation by Telephone

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.  In criminal matters, the parties may participate via telephone upon advance approval by the Court.  The Court will initiate all calls.



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