Cheryl L. Pollak
How Judge Pollak rules, drawn from 18 signed orders. Every observation links to the order it came from.
Judge Pollak no longer sits on this court. This profile is preserved as a historical record of how they ruled here.
About Judge Pollak
Cheryl L. Pollak served as a United States Magistrate Judge for the Eastern District of New York beginning in November 1995 and later served as Chief Magistrate Judge. She graduated from Princeton University and the University of Chicago Law School and worked as a federal prosecutor before joining the bench.
How Judge Pollak decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Default does not cure a deficient federal wage pleading. For a retail employer, she required factual allegations connecting the named defendants and their goods to interstate commerce, and she separately required concrete injury from deficient wage notices rather than a statutory violation alone.
“plaintiff’s failure to allege the interstate nexus raises jurisdictional questions as to whether plaintiff can proceed in federal court.”
In Trustees of the Mosaic and Terrazzo Welfare, Pension, Annuity, and Vacation Funds v. Elite Terrazzo Flooring, Inc., she recommended default judgment for unpaid settlement amounts and an audit, while denying the request for unpaid contributions without prejudice.
“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.”
In Empire Community Development, LLC v. Buddy, she recommended denying default judgment without prejudice until the other defendants’ motion to vacate their default was decided, citing a risk of inconsistent judgments.
“the Court respectfully recommends that the motion for default judgment be denied at this time, without prejudice to renew after the Herry defendants’ motion to vacate is decided.”
Procedural preferences
In Phillips v. City of New York, she denied a late motion to compel tax returns after discovery had closed and faulted the defendants for omitting the discovery request from their letter motion.
“Since they failed to do so, the Court accepts as true plaintiff’s contention that defendants never before requested the 2015-2016 tax returns.”
In Bologna v. Wilson, she declined to preclude a treating physician after late disclosure because that would severely prejudice the plaintiff, and she imposed lesser cost sanctions for counsel’s noncompliance.
“Most important, however, is that there are lesser sanctions that can be imposed that are more commensurate with counsel’s noncompliance.”
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.”
“Accordingly, the Court adopts the R&R in its entirety and (1) awards Defendants $19,915.35 in fees incurred in connection with their motion to compel and motion for sanctions, and (2) 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.”
“The Court respectfully recommends that plaintiff’s motion for entry of a default judgment be granted, and that plaintiff be awarded the following damages: (1) $140,250 for unpaid overtime wages under the NYLL; (2) $140,250 in liquidated damages”
“the Court respectfully recommends that plaintiff be awarded damages totaling $4,674.46, which includes $2,337.23 in unpaid overtime wages, $2,337.23 in liquidated damages, and post-judgment interest pursuant to 28 U.S.C. § 1961(a) until the judgment is paid in full”
“the Court respectfully recommends that plaintiff’s motion for default judgment be granted in part and denied in part”
“the Court respectfully recommends that: (1) plaintiff’s motion for default judgment be denied without prejudice; (2) that plaintiff be given 30 days from the date of any Order adopting this Report and Recommendation to file an amended complaint”
“the Court grants defendants’ motion to file their amended Answer with Counterclaims”
“The Court also respectfully recommends that plaintiffs’ cross-motion to remand and consolidate the case be denied”
Pending matters in the official report
Judge Pollak was last listed in the Civil Justice Reform Act report as of September 30, 2025.
| Motions pending more than six months | 0 |
| Bench trials submitted more than six months | 0 |
| Bankruptcy appeals pending more than six months | 0 |
| Social Security appeals pending more than six months | 0 |
| Civil cases pending more than three years | 4 |
| Report | Motions over six months | Cases over three years |
|---|---|---|
| Sep 2025 | 0 | 4 |
| Mar 2025 | 2 | 4 |
| Sep 2024 | 0 | 4 |
| Mar 2024 | 7 | 5 |
| Sep 2023 | 2 | 2 |
| Mar 2023 | 0 | 2 |
| Sep 2022 | 0 | 2 |
| Mar 2022 | 1 | 4 |
| Sep 2021 | 4 | 7 |
| Mar 2021 | 0 | 6 |
| Sep 2020 | 0 | 5 |
A snapshot on that date: matters listed may since have been decided or reassigned. A motion referred to a magistrate judge is counted for both judges. Motions in multidistrict litigation, section 2255 cases and Social Security appeals are not counted, and a very large three-year count is generally a multidistrict docket. Source: Appendix A of the report (PDF); about the report.
A historical record
Judge Pollak no longer sits on this court. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.