Cheryl L. Pollak
How Judge Pollak decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On default judgment in benefit-fund (ERISA/LMRA) and foreclosure cases she does not rubber-stamp: she independently audits the requested damages, attorney's-fee rates, and hours, and will grant only in part or deny without prejudice where the papers are deficient. Movants should submit a Local Rule 7.1 memorandum of law and fully documented, reasonable damages.
“the Court respectfully recommends that plaintiffs' motion be granted to the extent that plaintiffs seek to recover unpaid settlement amounts and an audit of defendant's books, and denied without prejudice as to their request for unpaid contributions.”
On default judgment against fewer than all defendants she applies Frow v. De La Vega and Rule 54(b), deferring (denying without prejudice) where entering judgment against some defendants risks inconsistent results while others continue to litigate.
“given the nature of the relief sought, the Court finds that there is reason to delay resolution of the motion for default judgment, and so, in an exercise of discretion, the Court respectfully recommends that the motion for default judgment be denied at this time, without prejudice to renew”
Procedural preferences
She enforces discovery deadlines and Local Civil Rule mechanics: a motion to compel brought after discovery closed and after SJ briefing was denied as untimely, with a specific rebuke for failing to attach or quote the underlying discovery request per Local Civil Rule 5.1.
“Since they failed to do so, the Court accepts as true plaintiff's contention that defendants never before requested the 2015-2016 tax returns. See L. Civ. R. 5.1”
On discovery sanctions she is proportionality-driven (Rule 37 / Bhagwanani factors): rather than the case-ending sanction of preclusion, she favors lesser, commensurate sanctions (cost- and fee-shifting) absent willfulness or real prejudice, especially where preclusion would dispose of a party's claims.
“Most important, however, is that there are lesser sanctions that can be imposed that are more commensurate with counsel's noncompliance.”
Motion outcomes
Counted from classified signed orders only. Percentages are shown only where the sample is large enough to be meaningful; smaller samples are reported as raw counts.
| Default judgment N = 4 |
Granted: 2Granted in part: 1Moot / procedural: 1 | counts only |
| Motions to strike N = 2 |
Denied: 1Moot / procedural: 1 | counts only |
| Motions to compel N = 1 |
Denied: 1 | counts only |
| Motion to renew summary judgment N = 1 |
Denied: 1 | counts only |
| Motion to preclude N = 1 |
Denied: 1 | counts only |
| Motion for attorney fees N = 1 |
Granted in part: 1 | counts only |
A "1 of 1" is one ruling, not a tendency. Treat small samples as illustrative, not predictive.
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Court respectfully recommends that plaintiff's motion for default judgment of strict foreclosure be granted. The Court further recommends that, pursuant to RPAPL § 1352, the District Court provide defendant with a 60-day period from the adoption of this Report and Recommendation within which defendant must notify plaintiff of its intent to exercise its right of redemption.”
“For the reasons set forth below, the Court respectfully recommends that plaintiffs' motion for default judgment be granted, and that damages be awarded in the amount of $82,120.77.”
“the Court respectfully recommends that plaintiffs' motion be granted to the extent that plaintiffs seek to recover unpaid settlement amounts and an audit of defendant's books, and denied without prejudice as to their request for unpaid contributions.”
“By report and recommendation dated September 1, 2023, Judge Pollak recommended that the Court award Defendants $19,915.35 in fees incurred in connection with their motion to compel and motion for sanctions ... The Court ... adopts the R&R ... awards Defendants $19,915.35 in fees”
“Judge Pollak further recommended that the Court deny Plaintiff's motion to strike. ... the Court adopts the R&R in its entirety and ... denies Plaintiff's motion to strike.”
“the Court respectfully recommends that plaintiff's motion for default judgment be denied without prejudice and with leave to refile (1) if the Herry defendants' motion to vacate is denied; or alternatively, (2) once the Herry defendants' rights are determined and the claims against the Herry defendants are resolved.”
“the motion to strike the Herry defendants' Answer be denied at this time pending a decision on the Herry defendants' motion to vacate the default, which will be addressed after briefing.”
“Accordingly, the Court finds the request to be untimely and denies defendants' motion to compel.”
“For the reasons set forth above, defendants' motion to renew their motion for summary judgment is denied. Plaintiffs are Ordered to pay for defense counsel's time incurred in preparing the October 25, 2024 letter motion.”
“The Court further denies defendants' request to preclude plaintiffs from offering Dr. Gladstein's testimony at trial. However, if defendants wish at this time to depose Dr. Gladstein, plaintiffs' counsel is Ordered to provide defendants with suggested dates for the doctor's deposition and plaintiffs are Ordered to pay the doctor's fee for the deposition.”