Hon. Mark W. Pedersen

Hon. Mark W. Pedersen
United States Magistrate Judge
100 State Street
Rochester, New York 14614
Telephone: (585) 613-4360
Fax: (585) 613-4365

Staff Information

Victoria Gleason, Law Clerk, 585-613-4361

Harrison Hartsough, Law Clerk, 585-613-4362

James Bock, Courtroom Deputy Clerk, 585-613-4364

Judge Tabs

Motions

Motions:

Unless previously provided with a date by the Court, motions shall not contain return dates. Parties may request oral argument on any motion, and the Court will schedule argument when it determines that argument may be helpful to resolution of the motion.

The Court relies on W.D.N.Y. Loc. R. Civ. P. 7(b)(2) (Jan. 1, 2020) for briefing schedules and will not ordinarily issue a motion scheduling order.

Adjournments and Enlargements of Time

Adjournments and Enlargements of Time:

When the parties agree on a request for an adjournment or enlargement of time, a formal motion is not required. Instead, the party seeking an adjournment or enlargement of time should e-file a letter request, as a Motion on CM/ECF, stating that the parties have consented to the extension. All such requests shall also indicate the number of prior extensions or adjournments. If seeking to extend a criminal appearance or deadline, such request shall address the exclusion of time from the Speedy Trial Act calendar. If the request is not on consent of both parties, the Court will try to resolve the motion informally via a case management conference. Should the conference not resolve the matter, the Court will direct the parties to proceed with formal motion practice.

Style Guide

Style Guide for Memoranda:

Judge Pedersen prefers citations per the Blue Book style. If a pro se litigant is on the other side, please include copies of any unpublished cases cited in your memorandum of law.

Discovery Disputes

Discovery Disputes:

If a discovery dispute arises, the parties shall initially advise the Court of the dispute via letter motion (with copy to opposing counsel). Upon review of the letter motion, Judge Pedersen will generally schedule a conference with the parties to attempt to settle the dispute informally. If the dispute is not resolved informally, the parties will have the opportunity to file a formal motion. This informal discovery dispute process is not expedited motion practice. Therefore, letter submissions should provide a brief overview of the issue with supporting documentation and the parties' position. Parties do not waive arguments by failing to raise them in their letter submissions. If a dispute arises during the taking of a deposition that cannot be resolved by the parties, the parties are permitted to contact chambers via telephone from the location of the deposition. If available, Judge Pedersen will hear from each side and resolve the dispute at that time.

As with requests for adjournments, requests for the Judge to address a discovery dispute with the parties must be made by letter motion on the docket.

Submissions to Chambers

Submissions to Chambers :

Judge Pedersen accepts letter submissions via mail, hand delivery, or email. Email submissions should be sent to: pedersen@nywd.uscourts.gov . If the letter being submitted is requesting an adjournment or an enlargement of time, please refer to the tab above for filing instructions.

Participation by Telephone

Participation by Telephone:

It is Judge Pedersen's preference that parties attend all Court proceedings in-person. Requests to appear by telephone will be considered in special circumstances and on a case-by-case basis. Parties wishing to appear by telephone are to submit a letter request to chambers in advance of the appearance.

Junior Lawyers

Opportunities for More Junior Lawyers:

Due to the decline of trials, opportunities to train junior lawyers in courtroom skills have become increasingly rare. Accordingly, where junior lawyers are familiar with the matter under consideration, but are not experienced in arguing before a court, they should be encouraged to actively participate. In such circumstances, where it creates an opportunity for a junior lawyer to argue, the Court is amenable to permitting more than one lawyer to argue for one party.

Face Mask Guidance

Face Mask Guidance:

Any person entering chambers or the courtroom may choose to wear, or not wear, a face covering.

Interns

Interns:

Judge Pedersen accepts applications for summer law student interns from November to early January each year. Applications are considered on a rolling basis.

Judge Pedersen is a United States Magistrate Judge for the Western District of New York based in Rochester. In that role, he handles both civil and criminal matters. For civil matters, he is tasked with handling pre-trial matters, such as conducting scheduling conferences to set deadlines for the case, supervising discovery and resolving discovery disputes, and writing decisions for non-dispositive motions. In addition, parties can consent to Magistrate Judge jurisdiction. In those cases, Judge Pedersen presides over the case until its resolution. For criminal matters, Judge Pedersen reviews and signs search warrants, arrest warrants, and conducts detention hearings to determine if a defendant should be incarcerated prior to trial or released. In criminal cases, Judge Pedersen also addresses pre-trial motions, and conducts hearings on various issues when required.

Summer interns have the unique opportunity to view the inner workings of a Magistrate Judge’s chambers. Interns will be assigned writing projects ranging from basic research assignments to drafting orders. Judge Pedersen’s law clerks will review intern work and provide feedback. Interns will also prepare for and argue mock motions (civil and criminal) before Judge Pedersen and will receive feedback from the Judge and his staff. Additionally, interns are encouraged to attend court proceedings of other judges. Interns will also be given the opportunity to meet with various individuals who work throughout the Western District of New York, including, for example, employees of the United States Attorney’s Office, the Federal Public Defender’s Office, United States Probation, and various attorneys admitted to practice law in the Western District of New York.

Interested applicants should submit a cover letter, resume, and writing sample to pedersen@nywd.uscourts.gov.

United States District Court

Western District of New York

Hon. Elizabeth A. Wolford, Chief Judge | Mary C. Loewenguth, Clerk of Court

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Hon. Mark W. Pedersen