Robert W. Lehrburger at a glance
- Current role
- U.S. Magistrate Judge
- Jurisdiction
- New York · Federal
- Judicial service
- Active
Robert W. Lehrburger
U.S. Magistrate Judge · U.S. District Court for the Southern District of New York
Service record and verification
Judicial service and assignments
- U.S. District Court for the Southern District of New York · U.S. Magistrate Judge · Active · Assignment source ↗
Appointment and verification
- Source authority
- Administrative Office of the U.S. Courts
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Biography
Professional career
- U.S. Magistrate Judge for the U.S. District Court for the Southern District of New York, appointed in 2017 to a renewable eight‐year term
- Mediator, New York Supreme Court - Commercial Division
- Magistrate Judge in the Southern District of New York (SDNY), a position created under the Federal Magistrates Act to handle certain civil matters, either by reference from a district judge or on the consent of the parties
Education
Additional information
- Magistrate, District Court, S.D. New York, 2017-present
- Appointed in 2017 and is currently active
- Practitioner, Patterson Belknap Webb & Tyler, LLP, 1989–2017
- J.D. — New York Univ. — 1989
- B.A. — Brown Univ. — 1985
- Pro Bono Special Assistant to the Corporation Counsel, New York City
- Before joining the bench, Lehrburger had over 25 years as a litigator in New York
- handling a wide range of commercial and intellectual property matters.
Applicable Court Rules & Procedures
Remote appearances
Courtwide
In federal district-court civil proceedings, testimony is ordinarily taken in open court; remote contemporaneous testimony requires good cause in compelling circumstances and appropriate safeguards.
For good cause in compelling circumstances and with appropriate safeguards, the court may permit testimony in open court by contemporaneous transmission from a different location.Federal Rule of Civil Procedure 43(a), Testimony in Open Court ↗
Recording and broadcasting
Courtwide
Federal district courts may not permit courtroom photography or broadcasting during criminal judicial proceedings unless a statute or another federal rule provides an exception.
Except as otherwise provided by a statute or these rules, the court must not permit the taking of photographs in the courtroom during judicial proceedings or the broadcasting of judicial proceedings from the courtroom.Federal Rule of Criminal Procedure 53, Courtroom Photographing and Broadcasting Prohibited ↗
Published courtroom rules
Judge and named-part rules
Published judge / part rules (60 excerpts)
See document heading and cited passage; do not apply outside the issuing part or proceeding.
Official rules document ↗ · Collected 2026-10-27
Conferences and appearances
Cases come before magistrate judges in one of two ways: for specific purposes pursuant to an order of reference by the assigned district judge, or, for all purposes on consent of the parties. Consent to jurisdiction of the Magistrate Judge has a number of benefits, including ready access to the judge and a reliable trial date calendared well in advance.
Source page 1Communications with chambers
A. Letters. In general, communications with the Court should be by letter. Except as provided below, all letters should be filed electronically on ECF (i.e., Electronic Case Filing), without email or other copy to Chambers.
Source page 2Courtroom conduct and technology
In pro se cases, unless the pro se party has filed a fully executed Consent To Electronic Service form, counsel for the represented party must serve the pro se party with a paper copy of any legal document that is filed on ECF or emailed to the Court and must separately file proof of service.
Source page 2Communications with chambers
2. Unrepresented Pro Se Parties. By Standing Order, a pro se party must mail or email all communications with the Court to the Pro Se Intake Unit located at 500 Pearl Street, Room 200, New York, NY 10007, ProSe@nysd.uscourts.gov. A pro se party may not call Chambers or send any document or filing directly to Chambers.
Source page 2Communications with chambers
Unless the Court orders otherwise, all communications with the Court will be docketed upon receipt; such docketing shall constitute service on any user of the ECF system. If any additional unrepresented party has not filed a fully executed Consent To Electronic Service form, a pro se party must mail or deliver copies of any filing to that party and include proof of service affirming that he or she has done so. Copies of correspondence between a pro se party and opposing parties should not be sent to the Court.
Source page 2Motion practice
Any non-incarcerated pro se party who wishes to participate in electronic case filing (“ECF”) must file a Motion for Permission for Electronic Case Filing, available in the Pro Se Intake Unit or at https://nysd.uscourts.gov/prose. Any non-incarcerated pro se party who wishes to receive documents in their case by email instead of by regular mail may consent to electronic service by filing a Pro Se (Non-prisoner) Consent & Registration Form to Receive Documents Electronically, available in the Pro Se Intake Unit or at https://nysd.uscourts.gov/prose.
Source page 2Filing and working copies
3. Page Limit for Letters. Letters may not exceed 3 single-space pages in length (exclusive of exhibits).
Source page 3Filing and working copies
4. Letters Between Parties. Letters solely between parties or their counsel or otherwise not addressed to the Court may not be filed on ECF or otherwise sent to the Court (except as exhibits to an otherwise properly filed document).
Source page 3Communications with chambers
B. Hand Deliveries. Hand-delivered mail should be left with the Court Security Officers at the Worth Street entrance of 500 Pearl Street and may not be brought directly to Chambers. If the hand-delivered letter is urgent and requires immediate attention, ask the Court Security Officers to notify Chambers that an urgent package has arrived.
Source page 3Communications with chambers
C. Telephone Calls: For administrative, scheduling, and calendar matters that do not request a ruling from the Court, Chambers may be called between 9:00 a.m. and 4:00 p.m.
Source page 3Adjournments
D. Requests for Adjournments or Extensions of Time. All requests for adjournments or extensions of time must be filed on ECF as letter motions. The letter motion must state: (i) the originally scheduled due date(s); (ii) the number of previous requests for adjournment or extension of the matter at issue; (iii) whether those previous requests were granted or denied; and (iv) whether all parties consent, and if not, the reasons given for refusing to consent. If the adjournment concerns a conference to be rescheduled, the letter motion must also provide multiple dates when all counsel are available. Absent good cause, any request for extension or adjournment shall be made at least 48 hours before the deadline or scheduled appearance.
Source page 3Conferences and appearances
E. ECF. In accordance with the S.D.N.Y. Electronic Case Filing Rules and Instructions, counsel are required to register as ECF filers and to enter an appearance in the case. Instructions are available on the Court website, at https://nysd.uscourts.gov/electronic-case-filing. Counsel are responsible for checking the docket sheet regularly, regardless of whether they receive an ECF notification of case activity. For questions about ECF rules and procedures, contact the ECF help desk at (212) 805-0800.
Source page 3Conferences and appearances
A. Initial Case Management Conference. The Court will issue an order scheduling the initial case management conference. The parties must meet and confer and then file a joint Report of Rule 26(f) Conference and Proposed Case Management Plan and Scheduling Order no later than one week before the initial case management conference. The parties should
Source page 3Filing and working copies
C. Confidentiality Stipulations and Orders. In cases where confidential information will be exchanged, the parties may submit a proposed confidentiality stipulation and order. Any such proposed stipulation and order must adopt by reference, or contain provisions consistent with, the procedures governing Redactions and Filings Under Seal set forth as the Appendix to these Rules.
Source page 4Discovery
If a party expects to have responsive discovery material they deem confidential, they must proceed promptly with proposing the terms of a confidentiality stipulation and order, and all parties must negotiate the terms in good faith so that the absence of a confidentiality stipulation and order does not delay production of discovery material.
Source page 4Communications with chambers
D. Discovery Disputes. Parties shall follow S.D.N.Y. Local Rule 37.2 with the following modifications. Any party wishing to raise a discovery dispute with the Court must first meet and confer in good faith with the opposing party, in person or by telephone or video conferencing, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, the party may file a letter motion with the Court or, if applicable, to the Pro Se Intake Clerk, no longer than 3 single-space pages, explaining the nature of the dispute and requesting a conference. Such letter must include a representation that the meet-and-confer process occurred, including when and whether it was in person or over the telephone. Any responsive letter should be submitted within 3 business days following submission of the letter motion. The Court retains discretion to rule on the dispute based on the parties’ letter submissions, without more formal briefing, and with or without a conference. If any party believes that more formal briefing is warranted, that party must make a separate application to the court explaining why more formal briefing is warranted.
Source page 4Motion practice
Parties shall keep in mind Rule 1 of the Federal Rules of Civil Procedure, which requires the Court and the parties to construe, administer, and employ the rules of procedure to secure the just, speedy, and inexpensive determination of every action. Parties also shall keep in mind Rule 26(b)(1) of the Federal Rules of Civil Procedure, which provides that “[p]arties may obtain discovery regarding any non-privileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit.” Discovery motions should address these rules to the extent applicable.
Source page 5Communications with chambers
A. All motions and moving papers filed on ECF or emailed to chambers shall be in searchable PDF form.
Source page 5Motion practice
B. Letter Motions. Letter motions should be filed via ECF and comply with the S.D.N.Y. Local Rules and the S.D.N.Y. Electronic Case Filing Rules and Instructions. Letter motions are limited to 3 single-space pages (not including exhibits). Any responsive letter should be submitted within 3 business days following submission of the letter motion. Parties must file
Source page 5Discovery
• Discovery disputes, unless permission is granted for more formal briefing.
Source page 5Motion practice
C. Motions Under Rule 12(b) or (c). Except in cases involving pro se parties, if a motion pursuant to Fed. R. Civ. P. 12(b) or 12(c) is contemplated, the moving party must so inform the plaintiff or counterclaimant and explain the basis for the anticipated motion. The plaintiff or counterclaimant must then indicate whether they wish to amend the subject pleading before motion practice, and the parties must consider in good faith a stipulation permitting such amendment. If the parties are unable to reach a resolution, the moving party shall include the following statement in the notice of motion: “This motion is made following the conference of counsel, which took place on [date]. Plaintiff [or Counter-Claimant] declined an opportunity to amend.”
Source page 5Motion practice
D. Pre-Motion Conferences. For motions concerning discovery disputes, see Section II.D above. A pre-motion conference with the Court is required for all other motions except for (i) motions by incarcerated pro se litigants, (ii) motions for reconsideration, (iii) motions for a new trial, (iv) motions in limine, and (v) motions required by the Federal Rules of Appellate Procedure or the Federal Rules of Civil Procedure to be made by a time certain.
Source page 6Motion practice
Letters requesting a pre-motion conference should summarize the basis of the motion and may not exceed 3 pages single-spaced. Within 3 business days following submission of the requesting letter, each opposing party may submit a written response of no more than 3 pages. For non-dispositive motions, the Court retains discretion to rule on the dispute based on the parties’ letter submissions, without more formal briefing, and with or without a conference. If any party believes that more formal briefing is warranted, that party must make a separate application to the court explaining why more formal briefing is warranted. The filing of a request for a pre-motion conference to dismiss prior to filing an Answer stays the time for filing an Answer until after the motion is resolved or further order of the Court, whichever is earlier.
Source page 6Motion practice
E. Memoranda of Law. The typeface, text size, margins, and line-spacing of motion papers must conform to S.D.N.Y. Local Civil Rule 7.1. As to length, parties must also adhere to the word-count limits of Local Civil Rule 7.1 and include the required certification. Memoranda of 10 or more pages must contain a table of contents and a table of authorities, neither of which shall count against the limits on length. Sur-reply memoranda will not be accepted without prior permission of the Court. When citing unreported cases, parties shall use Westlaw citations whenever feasible.
Source page 6Filing and working copies
F. Courtesy Copies. The Court does not require courtesy copies.
Source page 6Filing and working copies
G. Redactions and Filing Under Seal. The parties must adhere to the procedures set forth in the Appendix to these Rules.
Source page 6Motion practice
H. Oral Argument. Requests for oral argument of motions should be made by letter. Whether oral argument will be held remains in the Court’s discretion. In some instances, the Court may hold oral argument even if the parties have not requested it.
Source page 6Trial exhibits and witnesses
The following procedures apply to those cases where the parties have consented pursuant to 28 U.S.C. 636(c) to have all proceedings, including trial, before Judge Lehrburger. Absent such consent, the parties should refer to the individual practices of the district judge.
Source page 7Motion practice
1. Unless otherwise ordered by the Court, within 30 days after the date for the completion of discovery in a civil case or, if a dispositive motion has been filed, within 30 days after a decision resolving the motion, the parties shall jointly prepare and file with the court for its approval a Proposed Pretrial Order.
Source page 7Filing and working copies
2. In appropriate cases, the Court may be willing to dispense with portions of the Pretrial Order, if both sides consent, in order to secure the just, speedy and inexpensive determination of every action. See Federal Rule of Civil Procedure 1. The parties should discuss such requests with each other and then with the Court sufficiently in advance so that the Proposed Pretrial Order will be filed within the time frames described above.
Source page 7Trial exhibits and witnesses
7. Length of Trial: The number of days estimated for trial. If the parties do not agree, each party shall give its estimate and the basis for that estimate.
Source page 8Discovery
11. Witness Lists: A list by each party of its trial witnesses that it, in good faith, expects to present on its case in chief, with a statement of the general subject areas of the witness’s testimony and an indication of whether the witnesses will testify in person or by deposition. The witness lists shall also include identification of rebuttal witnesses that the party may call if needed. Absent good cause, a party will not be allowed to present a witness not previously identified on their witness list.
Source page 8Discovery
14. Exhibits: A list by each party of exhibits to be offered in its case. For any exhibit as to which there is an objection, the party objecting must briefly specify, next to the listing for that exhibit, the nature of the party’s objection (e.g., “authenticity,” “hearsay,” “Rule 403”). Any objection not listed shall be deemed waived. Exhibits not produced during discovery or otherwise provided to other parties prior to trial likely will not be allowed for any purpose.
Source page 9Filing and working copies
C. Additional Pretrial Filings in Civil Cases. Unless otherwise ordered by the Court, the following shall be filed at the same time as the proposed joint
Source page 9Trial exhibits and witnesses
a. Each party must file a Trial Memorandum of Law addressing each issue of law that the party expects to arise at or before trial.
Source page 9Trial exhibits and witnesses
b. The parties must jointly prepare and submit proposed Jury
Source page 9Trial exhibits and witnesses
c. To the extent a party objects to another party’s requested voir dire questions, jury instructions, or proposed verdict form, that party must (i) set forth the grounds for the objection and (ii) if
Source page 9Trial exhibits and witnesses
d. All substantive jury instructions, objections, and alternative proposals must include citation to supporting authority.
Source page 10Filing and working copies
e. In addition to ECF-filing voir dire questions, requests to charge, and verdict sheets, electronic copies must also be
Source page 10Trial exhibits and witnesses
a. Each party must file a Trial Memorandum of Law identifying the issues, summarizing facts and applicable law, and addressing any evidentiary issues.
Source page 10Communications with chambers
c. In addition to ECF-filing, these materials should also be submitted as Microsoft Word documents and sent via email to: Lehrburger_NYSDChambers@nysd.uscourts.gov.
Source page 10Motion practice
D. Motions in Limine. Each party shall file and serve any motions in limine at the same time as the proposed pretrial order. Within two weeks thereafter, each party shall file and serve its opposition to any motion in limine. There shall be no replies unless requested by the Court.
Source page 10Trial exhibits and witnesses
E. Exhibit Binders. At least two weeks in advance of trial, counsel must provide two courtesy sets of pre-marked exhibits to the Court. The exhibits should be assembled sequentially in a tabbed 3-ring binder. Voluminous exhibits may be provided on a thumb drive or equivalent.
Source page 10Motion practice
F. Pro Se Cases. In pro se cases,, unless otherwise ordered, the parties are not required to prepare joint pretrial filings (but may do so jointly if feasible). Instead, within 30 days from the date for completion of discovery or, if a dispositive motion has been filed, within 30 days of a decision resolving the motion, the represented party(ies) shall submit the pretrial materials set forth in sections V.A, B, C, and D above. At that same time, the pro se party shall file a Pretrial Statement. The pro se party’s Pretrial Statement need
Source page 10Trial exhibits and witnesses
The Pretrial Statement must be sworn or affirmed by the pro se party to be true and accurate based on the facts known by the party. The pro se party must file an original Pretrial Statement with the Pro Se Office and serve a copy on all other parties or their counsel if represented.
Source page 11Trial exhibits and witnesses
1. No later than the end of each trial day, counsel must notify each other and the Court of witnesses to be called the following trial day. The parties may agree to earlier notification.
Source page 11Trial exhibits and witnesses
2. Absent a contrary ruling made before the start of a witness’s direct testimony, where applicable, cross-examination in a civil case may go beyond the scope of direct to avoid making the witness return to testify in the opposing party’s case. However, to the extent cross- examination exceeds the scope of the direct pursuant to this rule, counsel should not ask leading questions (unless the witness is hostile or otherwise associated with the opposing party).
Source page 11Motion practice
1. All objections to exhibits should be resolved in advance of trial with the pretrial order and motions in limine. Exhibits shall be pre-marked. As all objections will have been resolved, any exhibit used with a witness during trial shall be deemed admitted, and counsel need not establish foundational elements for that exhibit.
Source page 12Motion practice
2. Counsel must make sure that all exhibits are redacted in compliance with Federal Rule of Civil Procedure 5.2. If there is a particular need not to redact, the party seeking to introduce the exhibit must file a motion in limine with the Court.
Source page 12Trial exhibits and witnesses
1. Prior to trial, counsel shall provide the court reporter with spelling of proper names, places, scientific or medical terms, and other words peculiar to the case that are likely to arise during trial.
Source page 12Trial exhibits and witnesses
3. When referring to an exhibit, counsel shall cite it by number or letter so that the record is clear as to what is being discussed.
Source page 12Trial exhibits and witnesses
4. Counsel and witnesses shall speak slowly and clearly enough for the court reporter to record what is being said
Source page 12Trial exhibits and witnesses
2. Sidebars during jury trials are to be avoided. Counsel are expected to anticipate any problems and raise those issues with the Court in advance of the time the jury will be present to hear evidence.
Source page 12Filing and working copies
A. Sealing/Redactions Not Requiring Court Approval. Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings. No Court approval is required for these redactions.
Source page 13Communications with chambers
1. Initial Filing Process. Any party wishing to file a document under seal or in redacted form shall (1) file on ECF a redacted copy of the document, (2) file on ECF a sealed copy of the document, and (3) submit to Chambers an unredacted copy by email.
Source page 13Filing and working copies
3. Meet and Confer Requirement. Within 5 business days of the ECF- filing of the redacted document(s), the parties must confer in good faith as to whether any or all of the redacted material may or must be filed without redaction. If the parties reach agreement that all redacted material may or must be unredacted, the parties shall file on ECF unredacted copies of the previously redacted documents and so inform the Court.
Source page 13Motion practice
4. When Motion Required. A motion is required whenever one or more parties seek to maintain sealed material. If the parties cannot agree to unredact all redacted material, then, within 3 business days of the parties’ meet and confer, the party seeking to preserve confidentiality must make a specific request to the Court by letter motion. If more than one party seeks to preserve confidentiality, the parties shall confer and submit a joint letter. Any party opposing the request to file under seal must submit a responding letter within 3 business days after submission of the letter by the party seeking to preserve confidentiality.
Source page 13Motion practice
5. What Must Be Included In Motion. Any letter motion requesting that material remain under seal must explain the reasons for seeking to file the material under seal and address the request in light of the
Source page 13Motion practice
6. Motion Filing Process. The letter motion to seal (and any response) must be filed on ECF in public view and should not itself include confidential material for which sealing is sought. Any supporting papers or attachments that contain confidential material may be filed under seal or redacted to the extent necessary to safeguard that information. At the time the letter motion is filed it should be designated as related to the documents filed under seal in the initial filing process.
Source page 14Motion practice
8. Inability to Comply. Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move by letter motion for leave of Court to file non-electronically.
Source page 14Shared court rules
SDNY and EDNY — Joint Local Civil and Criminal Rules
U.S. District Court for the Southern District of New York
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Official source ↗ · Collected 2026-10-27Federal Rules of Civil Procedure, December 1, 2025
U.S. District Court for the Southern District of New York
Civil actions in United States District Courts; Rule 81 exceptions apply. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.
Official source ↗ · Collected 2026-10-27Federal Rules of Criminal Procedure, December 1, 2025
U.S. District Court for the Southern District of New York
Criminal proceedings in United States District Courts; this conservative mapping does not distribute appellate-specific provisions to appellate judges. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.
Official source ↗ · Collected 2026-10-27Sources
Identity source checked July 29, 2026.
Biography sources checked August 2, 2026.
U.S. Courts judicial profile or roster
Identity source · HTML · Administrative Office of the U.S. Courts · Source checked July 29, 2026
View U.S. Courts judicial profile or roster ↗CourtListener judicial biographical directory
Identity source · HTML · CourtListener / Free Law Project · Source checked August 2, 2026
View CourtListener judicial biographical directory ↗Federal Rule of Civil Procedure 43(a), Testimony in Open Court
Courtwide source · HTML · Supreme Court of the United States and Judicial Conference of the United States · Source checked July 26, 2026
View Federal Rule of Civil Procedure 43(a), Testimony in Open Court ↗Federal Rule of Criminal Procedure 53, Courtroom Photographing and Broadcasting Prohibited
Courtwide source · HTML · Supreme Court of the United States and Judicial Conference of the United States · Source checked July 26, 2026
View Federal Rule of Criminal Procedure 53, Courtroom Photographing and Broadcasting Prohibited ↗CourtListener judicial biographical directory
Identity source · HTML · CourtListener / Free Law Project · Source checked August 2, 2026
View CourtListener judicial biographical directory ↗BR/MAG Judge Database: Robert W. Lehrburger
Identity source · HTML · University of Virginia School of Law Legal Data Lab · Source checked August 2, 2026
View BR/MAG Judge Database: Robert W. Lehrburger ↗