Practices and Rules; Proposed Discovery Plan (Henry); Protective Order Form (Henry); Standing Order for Settlement Conferences (Henry); Internship Hiring Information (Henry)

=== Practices and Rules ===

Updated: September 04, 2025 Individual Practice Rules of MAGISTRATE JUDGE MARCIA M. HENRY United States District Court Eastern District of New York 225 Cadman Plaza East Courtroom 13C South Brooklyn, New York 11201 Telephone: (718) 804-2740 I. COMMUNICATION WITH CHAMBERS A. Written Communications 1. 2. 3. General. The Electronic Communications Filing (“ECF”) system is the primary means of communications with the Court. All documents directed to Judge Henry in civil actions must be filed electronically, except as stated below or as otherwise directed by the Court. Correspondence Between Parties. their correspondence with each other via ECF unless the Court requests or they are part of a motion requesting relief from the Court. Similarly, the parties shall not file via ECF any discovery exchanged between the parties unless it is the subject of a motion. Parties may not file ECF. Attorneys must enter a notice of appearance and register to receive ECF notifications prior to filing any letters, motions or other documents. Because all orders issued by the Court will be transmitted to counsel only electronically, attorneys are responsible for keeping their ECF registration current with the Clerk’s Office. 4. Hard Copies. Hard copies of electronic filings should not be mailed, faxed or hand-delivered to chambers unless the Court requests courtesy copies. Individual Practice Rules of Magistrate Judge Marcia M. Henry Updated: September 04, 2025 5. Pro Se Litigants a. Pro se litigants are exempt from ECF requirements but may request permission to file documents electronically. b. c. d. e. f. Pro se litigants may register, if eligible, to receive electronic cases.1 notification filings court civil of in Pro se litigants should file any documents: (1) via hand delivery or U.S. mail to the designated “Pro Se clerk” in the Clerk’s office to the attention of Judge Henry and the presiding District Judge or (2) by delivering a copy (by email or U.S. mail) to the attorney for the opposing party. Court orders will be provided to pro se litigants by U.S. mail, unless they receive electronic notifications or otherwise directed by the Court. Pro se litigants must keep current contact information on file with the Court. Counsel in cases involving pro se litigants must send copies of documents filed via ECF to the pro se party, and file proof of service via ECF. Pro se litigants are encouraged to contact the Pro Se Office for any case-related questions at (718) 613-2665. Pro se litigants are directed to the relevant Local Civil Rules, including 12.1, 33.2, and 56.2.2 6. Change of Address. Parties shall immediately notify the Court and the opposing parties via ECF if their address or telephone number changes. B. Telephone Calls and Case Related Inquiries 1. 2. General. Telephone calls to chambers are prohibited except as set forth in these rules. The Court does not discuss substantive legal matters about a case or accept adjournment requests via telephone. Faxes to chambers are not permitted. Emergencies. Counsel or parties should contact chambers if, on the day of a scheduled court conference, the parties cannot appear due to an emergency 1 Instructions and eligibility requirements are available here: https://www.nyed.uscourts.gov/pro- se-document-submission-and-consent-notifications 2 The Local Rules for the U.S. District Courts for the Eastern and Southern Districts of New York are available here: https://www.nyed.uscourts.gov/sites/default/files/uploads/joint%20local%20rules%2001022025. pdf 2 Individual Practice Rules of Magistrate Judge Marcia M. Henry Updated: September 04, 2025 and counsel want to inform the Court that an adjournment request via ECF is forthcoming. If so, counsel may call (718) 804-2740 between 9 a.m. and 5 p.m. Eastern Time. 3. 4. Required Notification to Chambers. A party or the parties shall immediately notify chambers by telephone if any party believes Judge Henry should be recused from any pending civil or criminal matter due to her direct or indirect involvement in the matter during the time she served in the United States Attorney’s Office, or for any other reason. Questions About Dockets. For case related questions, including deadlines and confirmation of conference dates, counsel should electronically access the docket sheet. Counsel may call the Clerk’s Office at (718) 613-2610 for assistance accessing the docket sheet. Counsel shall not to ask the party answering the line to read the docket sheet for them. II. COURT CONFERENCES A. Conferencing Platforms 1. 2. 3. 4. The Court will designate the method of conferencing in scheduling orders. The Court may choose to conference with the parties by telephone, video or in person. Telephone. If the court conference is held by telephone, the dial-in number will be noted in the scheduling order. The parties are directed to dial in ten (10) minutes before the scheduled time for the conference. Video. If the court conference is held video, the Court will email a Zoom link to the email addresses of all counsel listed on the docket. Parties are instructed to follow the instructions docketed by the Court in advance of any video conference. In Person. Parties shall arrive at least ten (10) minutes prior to the designated start time and shall check in with the Courtroom Deputy. B. Requests for Adjournments and/or Extensions 1. 2. Absent an emergency, parties must meet and confer in good faith prior to requesting adjournments or extensions. Requests for adjournments and/or for extensions of filing deadlines must be filed electronically as a letter motion using the “Motions” option via ECF, not the “Letter” option. 3 Individual Practice Rules of Magistrate Judge Marcia M. Henry Updated: September 04, 2025 3. All requests for adjournments and/or extensions, absent an emergency, shall be made in writing at least three (3) business days prior to the scheduled appearance or filing deadline. 4. All requests for adjournments or extensions of filing deadlines must state: a. b. c. d. e. f. the appearance date(s) or deadline(s) to be adjourned or extended; the reason for the request; the number of previous requests for adjournment or extension (by any party); whether those previous requests were granted or denied; whether the other party or parties’ consent (including any reasons given for withholding consent); or, if the other parties could not be reached for input, efforts made to reach those parties; and whether the request affects any other scheduled Court appearance or deadline. 5. 6. To the extent a party seeks to adjourn a Court conference, if appropriate, the party shall propose mutually convenient date(s) for the re-scheduled conference. If the requested adjournment or extension affects the deadlines in a previously entered Discovery Plan and Scheduling Order, the parties should attach a revised Proposed Discovery Plan/Scheduling Order3 to the letter motion. C. Settlement Conferences 1. Judge Henry is available to conduct settlement conferences. Please refer to Judge Henry’s Standing Order for Settlement Conferences4 for important information regarding requesting and appearing for settlement conferences before Judge Henry. Failure to abide by these rules may result in sanctions. 3 Judge Henry’s Proposed Discovery Plan/Scheduling Order is available here: https://img.nyed.uscourts.gov/files/local rules/ProposedDiscoveryPlanMMH.pdf 4 Judge Henry’s Standing Order for Settlement Conferences is available here: https://www.nyed.uscourts.gov/sites/default/files/uploads/mmh- settlement%20conference%20addendum.pdf 4 Individual Practice Rules of Magistrate Judge Marcia M. Henry Updated: September 04, 2025 D. Attorney Appearances 1. Courtroom Opportunities for Relatively Inexperienced Attorneys a. b. c. The Court strongly encourages participation of relatively inexperienced attorneys in all court proceedings, including but not limited to initial conferences, status conferences, settlement conferences, and hearings on discovery motions and dispositive motions. All attorneys appearing should have the degree of authority consistent with the proceeding. For example, an attorney attending an initial conference should have the authority to commit his or her party to a discovery schedule and should be prepared to address other matters likely to arise, including the party’s willingness to participate in a mediation or settlement conference. Relatively inexperienced attorneys who seek to participate in hearings of substantial complexity (e.g., oral argument for a dispositive motion) should be accompanied and supervised by a more experienced attorney. 2. “Of Counsel” Appearances Prohibited a. b. Only a party’s counsel of record, or an attorney personally authorized to appear by the party (and not simply by the party’s counsel of record) may appear on behalf of a party. An attorney acting “of counsel” for a party’s counsel of record may not appear without the represented party’s explicit authorization, as such an attorney has no authority to make binding representations on behalf of any party. See N.Y. Rules of Prof’l Conduct 1.2(c), 22 N.Y.C.R.R. § 1200 (requiring client to give “informed consent” before an attorney may make a limited appearance on the client’s behalf). E. Interpreter Services 1. 2. The Court does not provide interpreter services in civil cases. If a party speaks a language other than English, the party must make his or her own arrangements to obtain an interpreter. A party may bring an English-speaking friend or family member to Court conferences. However, persons acting as interpreters must translate exactly what is said; they may not speak for or advocate for the party. 5 Individual Practice Rules of Magistrate Judge Marcia M. Henry Updated: September 04, 2025 III. DISCOVERY A. Initial Conference 1. 2. 3. The parties must comply with the Initial Conference Order issued in advance of the scheduled Initial Conference. At least ten (10) business days before the Initial Conference, the parties must meet and confer, exchange initial disclosures, and complete the Proposed Discovery Plan/Scheduling Order (posted to Judge Henry’s website). The joint completed Proposed Discovery Plan/Scheduling Order must be filed via ECF at least five (5) business days before the Initial Conference. At the Initial Conference, the parties must be prepared to give an overview of the factual and legal issues of the case, discuss the Proposed Discovery Plan/Scheduling Order, and outline the anticipated discovery. Counsel with knowledge of the case must attend. Once a Discovery Scheduling Order has been entered with the parties’ input, the discovery deadlines will be enforced and amended only upon a showing of good cause. B. Discovery During Pendency of a Motion to Dismiss 1. 2. There is no automatic stay of discovery, unless authorized by statute, should one or more defendants file a motion to dismiss. Discovery is only stayed if a party files a letter motion to stay discovery and the Court grants such a motion. A stay application, even on consent, must explain why a stay is warranted, including by demonstrating that the standards under Federal Rule of Civil Procedure (“Rule”) 26(c) have been satisfied. C. Confidentiality Orders 1. 2. To conserve resources of the Court and the parties, confidentiality orders should be in the form posted to Judge Henry’s website and labeled “Protective Order Form.” If a party believes that changes to the form order are required due to the circumstances of the case, it may submit to the Court proposed changes via letter motion via ECF. The letter motion (not to exceed three pages) must explain the need for the changes and must attach as exhibits a clean copy of the proposed order and a redlined comparison between the proposed order and the undersigned's form Protective Order. 6 Individual Practice Rules of Magistrate Judge Marcia M. Henry Updated: September 04, 2025 IV. DISPUTES DURING ONGOING DEPOSITIONS A. B. C. D. Before seeking court intervention, parties should make every effort to resolve deposition disputes among themselves in good faith and consistent with the rules regarding discovery disputes. If the parties are unable to reach a satisfactory resolution, the parties are directed to contact Chambers immediately by telephone with all parties on the line. The parties should be ready to provide a brief overview of the dispute to the Court staff. The Court Deputy will provide a conference line for the parties to reconvene on the record. Judge Henry will then hear oral argument on the deposition dispute and issue a ruling. If the parties leave a voicemail, the message must include the case number and a direct callback number for the Court staff to reach the parties conducting the deposition. The Court will either resolve the matter or instruct the parties to move on to other issues in the deposition until such time as the Court can address the dispute. To the extent practical, the parties should continue the deposition while waiting for the Court to address the dispute. The parties may not discontinue the deposition without first attempting to contact the Court to resolve the dispute. V. MOTIONS A. Pre-Motion Conferences 1. In general, no pre-motion conferences are required before filing a motion. B. Non-Dispositive Motions 1. Discovery Motions a. b. Before making a discovery motion, parties must make a good faith effort, pursuant to Local Civil Rule 26.4 and Fed. R. Civ. P. 37(a)(1), to resolve disputes, including discussion by contemporaneous means (e.g., telephone, video conference, and/or in person). Failure to comply with this requirement, or to include a certification of such efforts consistent with Rule 37(a)(1), will result in the denial of the motion. If discovery motions are absolutely necessary, litigants shall file them electronically by letter motion as a “Motion.” Such letter motions may not exceed three (3) pages in length, exclusive of attachments. A response not exceeding three (3) pages in length, 7 Individual Practice Rules of Magistrate Judge Marcia M. Henry Updated: September 04, 2025 exclusive of attachments, must be served and filed within seven days (7) of receipt of the letter motion, unless a motion for additional time is granted. Reply briefs are only permitted upon obtaining leave of Court and are otherwise prohibited. Every motion to compel or motion for a protective order shall attach as exhibits the language of the specific discovery request that is at issue in the motion. Failure to comply with this rule may result in denial of the motion. If necessary, after submission of the letter motion, the Court may advise the moving party to file a formal motion pursuant to Local Civil Rules 6.1 and 7.1. c. d. e. 2. Other Non-Dispositive Motions a. All other non-dispositive motions (i.e., motions to amend the complaint, stay discovery, appoint lead counsel, conditional certification of a collective action, etc.) should comply with Local Civil Rule 7.1(e). The length of the letter motion shall not exceed fifteen (15) pages, exclusive of attachments. Opposition papers are also limited to fifteen (15) pages. No replies shall be permitted absent leave from the Court. b. The parties must first make good faith efforts to resolve the disputes prior to seeking the Court’s intervention. C. Dispositive Motions. Dispositive motions, such as motions to dismiss and motions for summary judgment, must be made to the presiding District Judge, in conformance with his or her individual rules, unless the parties have consented to Judge Henry’s jurisdiction for all purposes in accordance with 28 U.S.C. § 636(c)(1).5 Where the parties have so consented, the following rules apply to dispositive motions: 1. Memoranda of Law. Legal arguments must be set forth in a memorandum of law rather than in affidavits, affirmations, or declarations. See Local Civil Rule 7.1. Memoranda of law in support of and in opposition to 5 Parties wishing to consent to the Magistrate Judge’s jurisdiction for the entire case, should complete and file this form: https://www.uscourts.gov/forms/civil-forms/notice-consent-and- reference-civil-action-magistrate-judge. Parties wishing to consent to the Magistrate Judge’s jurisdiction for a particular dispositive motion, should complete and file this form: https://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-dispositive-motion- magistrate-judge. 8 Individual Practice Rules of Magistrate Judge Marcia M. Henry Updated: September 04, 2025 motions on notice are limited to fifteen (15) pages, and reply memoranda are limited to ten (10) pages. Case citations must contain pinpoint cites. All memoranda of law must use reasonable margins, double spacing, and a reasonable font of twelve (12) point or larger, including for footnotes. Any papers not complying with these requirements will be rejected. Courtesy copies are NOT required unless specifically requested by the Court. Reply briefs are only permitted for motions for summary judgment or motions to dismiss. Motions Implicating Fed. R. App. P. 4(a)(4)(A) or Similar Time- Limiting Rules. 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 Judgment Motions. All motions for summary judgment must comply with Rule 56 of the Federal Rules of Civil Procedure as well as Local Civil Rule 56.1. If the non-movant is proceeding pro se, the movant must also comply with Local Civil Rule 56.2. 2. 3. 4. 5. D. Motions for Admission Pro Hac Vice 1. 2. A motion for admission pro hac vice, together with a proposed order admitting the attorney pro hac vice, shall be served and filed electronically at least seven (7) days prior to the return date designated in the notice of motion. Although there is no need to file a memorandum of law, this motion must comply with Local Civil Rule 1.3(i). These motions shall be on submission. If any party objects to the motion, opposition papers must be served and filed at least two (2) days prior to the return date. No reply papers are permitted. E. Oral Argument 1. 2. Parties may request oral argument by letter accompanying moving, opposition, or reply papers. The Court will determine whether argument will be heard and, if so, will advise counsel of the argument date and time. The Court may also order oral argument sua sponte. The parties are not limited to one oralist per side. More than one person may speak on behalf of each party at oral argument, but the division of 9 Individual Practice Rules of Magistrate Judge Marcia M. Henry Updated: September 04, 2025 responsibility must be conducive to the orderly conduct of oral argument, and the person with the best knowledge of the issue is encouraged to speak to that side. VI. TRIALS ON CONSENT The following rules apply in cases where the parties have consented to Judge Henry’s jurisdiction pursuant to 28 U.S.C. § 636(c)(1). A. Proposed Joint Pretrial Order in Civil Cases. Unless otherwise ordered by the Court, within sixty (60) days after the date of the completion of discovery in a civil case, the parties must submit to the Court via ECF a proposed Joint Pretrial Order. The parties are directed to cooperate with each other to prepare the proposed Joint Pretrial Order, which shall include the following: 1. 2. 3. 4. 5. 6. Caption. The full caption of the action. Parties and Counsel. The names (including firm names), addresses, counsel. telephone addresses numbers, e-mail trial and of Jurisdiction. A brief statement by Plaintiff(s) 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 must include citations to (a) all statutes and legal doctrines relied on and (b) relevant facts as to citizenship and amount in controversy. Claims and Defenses. By each party, a brief summary of the elements of the claims and defenses that the party has asserted and that remain to be tried. The summary must include citations to all relevant statutes. Damages. A brief statement of the categories and amounts of damages claimed or other relief sought. Jury or Bench Trial. 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. 7. Stipulations. A statement of stipulated facts, if any. 8. Witnesses. From each party, a list of names and titles (if applicable) for the fact and expert witnesses whose testimony will be offered in the party’s case-in-chief, as well as any anticipated rebuttal witnesses, together with a brief narrative statement of each witness’s expected testimony. Only listed witnesses will be permitted to testify unless prompt notice is given and good cause is shown. 10 Individual Practice Rules of Magistrate Judge Marcia M. Henry Updated: September 04, 2025 9. 10. Deposition Testimony. By each party, a designation of deposition testimony to be offered by the party in its case-in-chief, along with any cross-designations and objections by any other party. Exhibits. A schedule listing exhibits to be offered in evidence and, if not admitted by stipulation, the party or parties offering each exhibit. The schedule shall also include possible impeachment documents and/or exhibits and exhibits to be offered only on rebuttal. Plaintiff’s exhibits are to be identified with the prefix “P” followed by a number; Defendant’s exhibits are to be identified by the prefix “D” followed by a number. The parties must list and briefly describe the basis for any objections to the admissibility of any exhibits to be offered by any other party. Parties are expected to resolve before trial all issues concerning authenticity, chain of custody, and other related grounds. Only exhibits listed will be received in evidence, except for good cause shown. 11. Motions in Limine. A list of any proposed motions in limine addressing evidentiary or other issues and a brief description of the nature of each motion. B. Exchange of Exhibits. All exhibits must be pre-marked for trial and exchanged between or among the parties at least ten (10) business days before trial. If an exhibit is voluminous, it should be placed in a binder with tabs. The Court needs four (4) copies of all exhibits for use at trial. C. Additional Filings Before Trial 1. 2. Jury Trials. Unless the Court orders otherwise, the parties shall file via ECF their respective requests to charge and proposed voir dire questions at least two (2) weeks before trial. Requests to charge are limited to the elements of the claims, the damages sought, and defenses. General instructions will be prepared by the Court. Bench Trials. Unless the Court orders otherwise, the parties shall file via ECF a joint statement of the elements of each claim or defense involving that party, together with a summary of the facts relied upon to establish each element, at least two (2) weeks before trial. D. Post-Trial Submissions. In bench trials, parties shall file proposed findings of fact and conclusions of law no later than two (2) weeks after the conclusion of trial. No responses to such submissions shall be permitted. 11 Individual Practice Rules of Magistrate Judge Marcia M. Henry Updated: September 04, 2025 VII. SEALING OF SUBMISSIONS A. Procedures. Motions for leave to file documents under seal must be filed via ECF in accordance with the EDNY’s instructions for electronically filing sealed documents.6 The proposed sealed document(s) must be attached to the motion for leave to file under seal. 6 Instructions for filing sealed documents in civil cases are located at: https://img.nyed.uscourts.gov/files/forms/EfilingSealedCV.pdf. Instructions for filing sealed documents in criminal cases are located at: https://www.nyed.uscourts.gov/bulletin-filing-sealed- documents-criminal-matters 12

=== Protective Order Form (Henry) ===

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK …………………………………………………X Plaintiff, v. , , X Defendant. Case No.: _____-CV-_____ (___)(MMH) PROTECTIVE ORDER The Court enters the following Protective Order governing the disclosure of confidential Discovery Material by a Producing Party to a Receiving Party in this Action. 1. Definitions. As used in this Order: a. b. c. d. “Action” refers to the above-captioned litigation. “Discovery Material” includes all information exchanged between the parties, whether gathered through informal requests or communications between the parties or their counsel or gathered through formal discovery conducted pursuant to the Federal Rules of Civil Procedure (“Rule” or “Rules”) 30 through 36 and 45. Discovery Material includes information within documents, depositions, deposition exhibits, and other written, recorded, computerized, electronic or graphic matter, copies, and excerpts or summaries of documents disclosed as required under Rule 26(a). A “Producing Party” is a party to this litigation, or a non-party either acting on a party’s behalf or responding to discovery pursuant to a Rule 45 subpoena, that produces Discovery Material in this Action. A “Receiving Party” is a party to this litigation that receives Discovery Material from a Producing Party in this Action. 2. Confidential Discovery Material. This Protective Order applies to all confidential Discovery Material produced or obtained in this case. For the purposes of this Protective Order, confidential Discovery Material shall include: a. Commercial information relating to any party’s business including, but not limited to, tax data, financial information, financial or business plans or projections, proposed strategic transactions or other business combinations, internal audit practices, procedures, and outcomes, trade secrets or other commercially sensitive business or technical information, proprietary business and marketing plans and Updated: June 28, 2021 strategies, studies or analyses by internal or outside experts, competitive analyses, customer or prospective customer lists and information, profit/loss information, product or service pricing or billing agreements or guidelines, and/or confidential project-related information; Personnel data of the parties or their employees, including but not limited to, information regarding employment applications; employment references; wages and income; benefits; employee evaluations; medical evaluation and treatment and related records; counseling or mental health records; educational records; and employment counseling, discipline, or performance improvement documentation; Information concerning settlement discussions and mediation, including demands or offers, arising from a dispute between a party and a non-party; Medical or mental health information; Records restricted or prohibited from disclosure by statute; and Any information copied or extracted from the previously described materials, including all excerpts, summaries, or compilations of this information or testimony, and documentation of questioning, statements, conversations, or presentations that might reveal the information contained within the underlying confidential Discovery Material. b. c. d. e. f. 3. Manner of Confidential Designation. A Producing Party shall affix a “CONFIDENTIAL” designation to any confidential Discovery Material produced in this Action. a. b. c. d. For documentary information (defined to include paper or electronic documents, but not transcripts of depositions or other pretrial or trial proceedings), the Producing Party must affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a portion or portions of the information on a document page qualifies for protection, the Producing Party must clearly identify the protected portion(s) (e.g., by using highlighting, underlining, or appropriate markings in the margins). If it is not feasible to label confidential Discovery Material as “CONFIDENTIAL,” the Producing Party shall indicate via cover letter or otherwise at the time of production that the material being produced is confidential. At the time of a deposition or within 10 days after receipt of the deposition transcript, a party may designate as confidential specific portions of the transcript which contain confidential matters under the standards set forth in Section 2 above. This designation shall be in writing and served upon all counsel. No objection shall be interposed at deposition that an answer would elicit confidential information. Transcripts will be treated as confidential for this 10-day period. Any portions of a transcript designated confidential shall thereafter be treated as confidential in accordance with this Order. The confidential portion of the transcript and any exhibits referenced solely therein shall be bound in a separate volume and marked Updated: June 28, 2021 “CONFIDENTIAL” by the reporter. 4. Timing of Confidential Designation. a. b. Except as otherwise stipulated or ordered, or where discovery is made available for inspection before it is formally disclosed, Discovery Material that qualifies for protection under this Order must be clearly so designated before the material is disclosed or produced. If the Producing Party responds to discovery by making Discovery Material available for inspection, the Producing Party need not affix confidential designations until after the Receiving Party has selected the material it wants to receive. During the inspection and before the designation, all material made available for inspection is deemed confidential. After the Receiving Party has identified the Discovery Material it wants produced, the Producing Party must determine which materials, or portions thereof, qualify for protection under this Order, and designate the materials as “CONFIDENTIAL” as required under this order. 5. Qualified Recipients. For the purposes of this Protective Order, the persons authorized to receive confidential Discovery Material (hereinafter “Qualified Recipient”) are: a. b. c. d. e. f. g. h. The Parties, including any members, council members, officers, board members, directors, employees, or other legal representatives of the parties; Legal counsel representing the parties, and members of the paralegal, secretarial, or clerical staff who are employed by, retained by, or assisting such counsel; including vendors who are retained to copy documents or electronic files, provide technical, litigation support, or mock trial services, or provide messenger or other administrative support services; Any non-expert witness during any deposition or other proceeding in this Action, and counsel for that witness; Potential witnesses and their counsel, but only to the extent reasonably related to the anticipated subject matter of the potential witness’s deposition, trial, or hearing testimony for this Action; Consulting or testifying expert witnesses who will be providing professional opinions or assistance for this Action based upon a review of the confidential information, and the staff and assistants employed by the consulting or testifying experts; Any mediator or arbitrator retained by the parties to assist with resolving and/or settling the claims of this Action and members of the arbitrator’s or mediator’s staff and assistants; The parties’ insurers for this Action, and their staff and assistants, members, officers, board members, directors or other legal representatives; Court reporters for depositions taken in this Action, including persons operating Updated: June 28, 2021 video recording equipment and persons preparing transcripts of testimony; i. j. The Court and its staff, any court reporter or typist recording or transcribing hearings and testimony, and jurors; and Any auditor or regulator of a party entitled to review the confidential Discovery Material due to contractual rights or obligations, or federal or state laws, or court orders, but solely for such contractual or legal purposes. 6. Dissemination by the Receiving Party. a. b. Before receiving confidential Discovery Material, each Qualified Recipient who is not included in Sections 5(a) and (b) above, shall: (i) review and agree to the terms of this Protective Order and (ii) execute a copy of the Agreement attached hereto as Appendix A. The prohibition on disclosing information designated as “CONFIDENTIAL” exists and is enforceable by the Court even if the person receiving the information fails or refuses to sign the Appendix A Agreement. Limitations on Use. Discovery Material designated as “CONFIDENTIAL” shall be held in confidence by each Qualified Recipient to whom it is disclosed, shall be used only for purposes of this action, and shall not be disclosed to any person who is not a Qualified Recipient. Nothing herein prevents disclosure beyond the terms of this Protective Order if the party claiming confidentiality consents in writing to such disclosure. Docket Filings. A party seeking to file documents containing confidential Discovery Material under seal must comply with the Court’s rules and electronic docketing procedures for filing motions for leave to file under seal. Challenges to Confidentiality Designations. A Receiving Party that questions the Producing Party’s confidentiality designation will, as an initial step, contact the Producing Party and confer in good faith to resolve the dispute. If the parties are unable to resolve the dispute without court intervention, they shall apply to the Court for a determination as to whether the designation is appropriate. The party that designated as “CONFIDENTIAL” bears the burden of proving it was properly designated. The party challenging a “CONFIDENTIAL” designation must obtain a court order before disseminating the information to anyone other than Qualified Recipients. Use at Court Hearings and Trial. Subject to the Federal Rules of Evidence, Discovery Material designated as “CONFIDENTIAL” may be offered and received into evidence at trial or at any hearing or oral argument. A party agreeing to the entry of this order does not thereby waive the right to object to the admissibility of the material in any proceeding, including trial. Any party may move the Court for an order that Discovery Material designated as “CONFIDENTIAL” be reviewed in camera or under other conditions to prevent unnecessary disclosure. 7. 8. 9. 10. 11. Return or Destruction of Documents. Upon final termination of this Action, including all appeals, each party shall make reasonable efforts to destroy all Discovery Material Updated: June 28, 2021 designated as “CONFIDENTIAL.” The destroying party shall notify the producing party when destruction under this provision is complete. If a party is unable to destroy all Discovery Material designated as “CONFIDENTIAL,” that material shall be returned to the Producing Party or the Producing Party’s counsel. This Protective Order shall survive the final termination of this action, and it shall be binding on the parties and their legal counsel in the future. 12. Modification. This Protective Order is entered without prejudice to the right of any party to ask the Court to order additional protective provisions, or to modify, relax or rescind any restrictions imposed by this Protective Order. Disclosure other than as provided for herein shall require the prior written consent of the Producing Party, or a supplemental Protective Order of the Court. 13. 14. Additional Parties to Litigation. In the event additional parties are joined in this action, they shall not have access to Discovery Material as “CONFIDENTIAL” until the newly joined party, by its counsel, has executed and, at the request of any party, filed with the Court, its agreement to be fully bound by this Protective Order. Inadvertent Disclosure of Protected Discovery Material. The inadvertent, unintentional, or in camera disclosure of a confidential document and information shall not generally be deemed a waiver, in whole or in part, of any party’s claims of confidentiality. If at any time prior to trial, a producing party realizes that some portion(s) of the discovery material that the party produced should be designated as confidential, the party may so designate by apprising all parties in writing, and providing that the material has not already been published or otherwise disclosed, such portion(s) shall thereafter be treated as confidential under this Order. 15. Jurisdiction. This Court shall retain jurisdiction over all persons subject to this Order to the extent necessary to enforce any obligations arising hereunder. ________________________________ Attorney for Plaintiff Name: Address: Telephone: Email: Dated: ________________________________ Attorney for Defendant Name: Address: Telephone: Email: Dated: Dated: Brooklyn, NY _________, 20___ Updated: June 28, 2021 SO ORDERED: MARCIA M. HENRY United States Magistrate Judge UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK …………………………………………………X Plaintiff, v. , , X Defendant. Case No.: _____-CV-_____ (___)(MMH) EXHIBIT A I hereby acknowledge that I am about to receive Confidential Information supplied in connection with the above-captioned case. I understand that such information is being provided to me pursuant to the terms and restrictions of the Protective Order entered in this case. I have been given a copy of the Protective Order, have read the Protective Order, and agree to be bound by its terms. I understand that Confidential Information as defined in the Protective Order, or any notes or other records that may be made regarding any such materials, shall not be disclosed to any persons except as permitted by the Protective Order. Printed Name Signature Updated: June 28, 2021

=== Standing Order for Settlement Conferences (Henry) ===

Updated: July 11, 2022 MAGISTRATE JUDGE MARCIA M. HENRY Standing Order for Settlement Conferences United States District Court Eastern District of New York 225 Cadman Plaza East Courtroom 504N Brooklyn, New York 11201 Telephone: (718) 804-2740 I. PRE-CONFERENCE PROCEDURES A. Requests for Settlement Conference 1. 2. Parties may request a settlement conference by filing a joint letter request via ECF. The letter must include four (4) dates when all counsel AND party representatives are available within the next eight (8) weeks for a three-hour block of time. Counsel and pro se parties should be prepared and authorized to discuss the possibility of settlement at every court appearance. B. Pre-Conference Exchange of Demand and an Offer 1. 2. At least fourteen (14) days prior to the settlement conference, plaintiff (if pro se) or plaintiff’s counsel shall submit a written itemization of damages and settlement demand to defendant (if pro se) or defendant’s counsel with a brief explanation of why such a settlement is appropriate. No later than seven (7) days prior to the settlement conference, defendant (if pro se) or defendant’s counsel shall submit a written offer to plaintiff (if pro se) or plaintiff’s counsel with a brief explanation of why such a settlement is appropriate. C. Ex Parte Settlement Statements 1. 2. At least five (5) business days before the settlement conference, each party shall submit to chambers by email ([email protected]) an ex parte settlement statement not to exceed four (4) pages. The ex parte statement will be treated as confidential, will not be shared with the other parties in the case, and will not be docketed. Magistrate Judge Marcia M. Henry – Standing Order for Settlement Conferences Updated: July 11, 2022 3. 4. 5. The ex parte statement shall address the following: (1) the status of settlement discussions; (2) the most recent demand and offer made; (3) a realistic assessment of the strengths and weakness of the case (including legal analysis, where applicable); and (4) any information that may assist the Court in helping the parties resolve the matter (for example, issues that are important to the client or any barriers to settlement). The ex parte settlement position statement must attach the party’s most recently communicated demand or offer. Consistent with the Federal Rules, statements made by any party during the settlement conference are generally inadmissible at trial. D. Pre-Conference Ex Parte Calls 1. 2. After receiving the settlement statements, Judge Henry may reach out to counsel ex parte via email to request a fifteen-minute telephone call to discuss the parties’ positions prior to the conference. Counsel should be prepared to engage in a candid discussion with the Court regarding any relevant sticking points or considerations for settlement. II. SETTLEMENT CONFERENCE ATTENDANCE A. Mandatory Attendance of Parties 1. 2. 3. 4. 5. Parties are required to personally attend the conference even if represented by counsel. In the case of a corporate party, the individual attending the conference should be a corporate employee with full authority to settle the matter. In the case of a government or municipal entity requiring the approval of a body, such as a board, legislature or agency, the individual attending the to approve and submit a conference must be fully authorized recommendation to that governing body or to contact in real time the person authorized to make such a recommendation. An insured party shall appear with a representative of the insurer(s) authorized to negotiate, and who has full authority to settle the matter. Failure of a necessary party to attend a settlement conference may result in sanctions. If any party has a question regarding who must appear 2 Magistrate Judge Marcia M. Henry – Standing Order for Settlement Conferences Updated: July 11, 2022 at a settlement conference before Judge Henry, they should file a letter on ECF at least five (5) days before the conference. B. Adjournments 1. 2. Parties must file a letter motion on ECF no later than three (3) business days prior to the settlement conference seeking to adjourn the conference. Any other party may respond to such a motion no later than two (2) business days prior to the conference. Because the Court and the parties invest significant resources in these conferences, the failure of either a party and/or counsel to appear may result in sanctions, including payment of fees and costs of other parties who do attend the conference. C. Interpreters 1. 2. Any party requiring an interpreter for the settlement conference may use one; however, the Court does not provide interpreters. Any interpreter should be able to conduct simultaneous and consecutive translation and be prepared to interpret the entire settlement conference. D. Remote Settlement Conference Logistics 1. 2. 3. Settlement conferences will take place virtually via Zoom unless the Court orders otherwise. After all parties submit their settlement papers, the Court shall email the parties a Zoom link for the settlement conference. The parties are encouraged to familiarize themselves with the Zoom platform prior to the scheduled conference time. All parties should plan to access the Zoom link at least five (5) minutes prior to the scheduled conference time. 3

=== Internship Hiring Information (Henry) ===

July 2025 Intern Job Posting MAGISTRATE JUDGE MARCIA M. HENRY United States District Court Eastern District of New York 225 Cadman Plaza East Brooklyn, New York 11201 [email protected] United States Magistrate Judge Marcia M. Henry welcomes applications for judicial internships in the fall, spring, and summer. Fall internships begin in September and end in December; spring internships begin in January and end in May; summer internships begin in late May or early June and end in July. Internships are in-person and remote work is not permitted. Judicial interns will assist with the management of the Court’s civil and criminal cases, including preparation for court proceedings and procedural and substantive legal research and writing. These opportunities will allow interns to develop their legal research and writing skills within a fast- paced, high-volume judicial district, to refine their professional skills in a collaborative setting, and to explore new areas of law through interaction with a diverse docket. Candidates should be currently enrolled at an ABA-accredited U.S. law school, have completed their first year by the start of the internship, and should have exceptional legal research and writing skills. Interns should be curious about various areas of law, possess keen attention to detail, and be self-motivated. Strong interpersonal skills—such as teamwork, self-awareness, and communication skills—are deeply valued. Personal integrity is essential to chambers. Applicants are expected to show a commitment to maintaining a courteous and professional demeanor within chambers, the courthouse community, the bar, and with the public. The internship is unpaid. Applicants are responsible for obtaining funding or academic credit. the following materials as a single PDF attachment to Applicants should submit [email protected]: (1) cover letter, (2) resume, (3) writing sample of 5 to 7 pages, (4) unofficial law school transcript,1 and (5) the name and contact information for at least two references. Applications submitted through alternative means will not be considered. Applications for fall internships are accepted from June 1 through August 15 each year. Applications for spring internships are accepted from October 1 through November 30 each year. Applications for summer internships are accepted from December 1 through February 28 each year. Applications are reviewed on a rolling basis. The Court will contact only those candidates who are selected for interviews. Please do not call or write chambers regarding the status of your application. 1 Applicants who have not completed their first semester of law school are not required to submit their unofficial law school transcript.