Robert M. Levy

How Judge Levy rules, drawn from 15 signed orders. Every observation links to the order it came from.

Court
United States District Court for the Eastern District of New York
Position
Magistrate judge
Commissioned
1995
Education
Harvard College (B.A., 1972); New York University School of Law (J.D.)
Signed orders read
15

About Judge Levy

Robert M. Levy is a U.S. magistrate judge for the Eastern District of New York, where he began serving in 1995. He earned a bachelor's degree from Harvard College and a law degree from New York University School of Law.

Judge Levy's practices and standing orders

Rules for cases before Judge Levy, as published on the court's website (checked October 8, 2026). Judges revise these often, so confirm the current version on the court's site before you file.

Key rules

Discovery

Submit an unresolved discovery dispute in one jointly composed letter.

“In the event the parties are unable to resolve a discovery dispute, the parties must write to the Court and describe their dispute in a single letter, jointly composed.”

Conferences

Request an appearance adjournment at least two business days in advance absent an emergency.

“If the request is for an adjournment of a court appearance, absent emergency it shall be made at least 2 business days prior to the scheduled appearance.”

Standing orders for every case in this court

Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 10, 2026).

Key rules from these orders

How Judge Levy decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

In Marte v. El Nuevo Jorge's Restaurant, Levy recommended approving a $20,000 FLSA/NYLL settlement after finding it the product of arm's-length negotiations and consistent with Cheeks and Wolinsky. The district judge adopted his recommendation.

“is the product of arms-length negotiations and satisfies the criteria in Cheeks v. Freeport Pancake House, 796 F.3d 199 (2d Cir. 2015) and Wolinsky v. Scholastic [Inc.], 900 F. Supp. 2d 332, 335 (S.D.N.Y. 2012).”

Procedural preferences

In Samtech v. Brooklyn Armed Forces, Levy recommended denying default judgment without prejudice because the movant omitted a required memorandum and Servicemembers Civil Relief Act affidavit and had a defect in mailing papers to two corporate defendants.

“Due to these procedural deficiencies, I respectfully recommend that plaintiff's motion for default judgment be denied without prejudice.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Smith v. Smith
1:19-cv-01638 · 2022-05-10
Default judgment (plaintiff) Denied

“the plaintiff's motion for default judgment is denied, and this case is dismissed.”

Marte v. El Nuevo Jorge's Restaurant Corp.
1:20-cv-04070 · 2021-05-26
Settlement approval (joint) Granted

“Judge Levy found that the settlement agreement ‘is the product of arms-length negotiations and satisfies the criteria in Cheeks v. Freeport Pancake House, 796 F.3d 199 (2d Cir. 2015) and Wolinsky v. Scholastic [Inc.], 900 F. Supp. 2d 332, 335 (S.D.N.Y. 2012).’ Accordingly, Judge Levy recommended that the Court approve the settlement.”

United States v. Augustine
1:18-cr-00393 · 2021-04-13
Motions to dismiss (defendant) Denied

“a Report and Recommendation (‘Report’) issued by Magistrate Judge Robert M. Levy on September 8, 2020 recommending that Defendant Bernard Augustine's motion to dismiss be denied. ... Based on this review, the Court adopts the Report in its entirety.”

Riley v. City of New York
1:10-cv-02513 · 2015-02-10
Motion for sanctions (defendant) Granted in part

“the Court adopted in part the report and recommendation of Magistrate Judge Robert M. Levy as to Defendants' motion to dismiss the Complaint pursuant to Rules 37 and 41(b) ... The Court agreed with Judge Levy's conclusion that Plaintiff engaged in witness tampering, but declined to dismiss the Complaint as a sanction against Plaintiff.”

Choi v. 37 Parsons Realty LLC
1:19-cv-03875 · 2022-11-21
Default judgment (plaintiff) Granted in part

“Because the pleading at issue on the instant motion for a default judgment arguably states a claim, I am sustaining plaintiffs' objection to a Report and Recommendation that would deny their motion for a default judgment under RICO. ... The Court adopts that portion of the R&R that recommended judgment for breach of contract in the amount of $500,000 plus interest, and rejects that portion recommending against judgment on the RICO claims.”

Wilmington Trust, N.A. v. 1738 East 4th Street LLC
1:23-cv-01270 · 2023-10-30
Motion to appoint receiver (plaintiff) Granted

“The court also GRANTS Plaintiff's motion to appoint a receiver/referee and appoints Ian Lagowitz as receiver/referee.”

Default judgment (plaintiff) Granted in part

“the court GRANTS Plaintiffs motion for default judgment as to defendant 1738 East 4th Street LLC and awards damages of $1,622,908.14 from the proceeds of the sale of the Property. ... Plaintiffs motion for default judgment as to non-mortgagor defendants Elie Sabbagh and ECB is DENIED.”

Salvon v. City of New York
1:13-cv-06626 · 2016-08-25
Motions to dismiss (defendant) Denied

“Magistrate Judge Robert M. Levy's Report & Recommendation (‘R&R’), dated August 9, 2016, recommending that this Court deny Defendant's motion to dismiss this action for lack of prosecution. For the following reasons, the court ADOPTS Magistrate Judge Levy's R&R in its entirety.”

Stora v. Don't Ask Why Outfitters / General Pants Co. (consolidated 15-cv-7106 & 16-cv-180)
1:16-cv-00180 · 2017-03-15
Motions to dismiss (defendant) Granted

“it is hereby ORDERED that defendants' motions to dismiss the complaint be granted. ... It is further ordered that all of Stora's pending motions are denied.”

Preliminary injunction (plaintiff) Denied

“It is further ordered that all of Stora's pending motions are denied.”

Ziboukh v. Whaleco Inc. (d/b/a Temu)
1:24-cv-03733 · 2026-03-26
Settlement approval (plaintiff) Granted

“For the reasons set forth above, I respectfully recommend that the motion be granted, and the Minor User Plaintiffs' claims be dismissed with prejudice, in accordance with the stipulation of voluntary dismissal.”

Marquez v. Indian Taj, Inc. (d/b/a Santoor Indian Restaurant)
1:20-cv-05855 · 2025-10-21
Motion to vacate default judgment (defendant) Granted

“For the reasons set forth above, I respectfully recommend that defendant Kirpal Singh’s motion to vacate the default judgment and dismiss the claims against him be granted.”

Samtech LLC (d/b/a Massif) v. Brooklyn Armed Forces, LLC
1:23-cv-01185 · 2025-08-13
Default judgment (plaintiff) Denied

“Due to these procedural deficiencies, I respectfully recommend that plaintiff's motion for default judgment be denied without prejudice.”

Lee v. Sky World Courier Express, Inc.
1:25-cv-01393 · 2026-06-30
Settlement approval (plaintiff) Denied

“the motion for settlement approval without prejudice”

Motion for attorney fees (plaintiff) Denied

“attorney’s fees are denied without prejudice”

Caseload & timing

From public federal docket records for this judge.

  • Levy's groundable workload is a large docket of Fair Labor Standards Act wage-and-hour cases on which he sat as the assigned magistrate judge: supervising discovery, running the court's mediation referrals, and, once the parties consented to his jurisdiction, approving the settlements under the Second Circuit's Cheeks standard.
  • Across a sample of 16 such cases filed in 2016 and since closed, time from filing to termination ran from about six months to just over five years, with a median near 380 days; the long tail reflects cases that proceeded through full discovery before settling.

Pending matters in the official report

Reported by the Administrative Office of the U.S. Courts under the Civil Justice Reform Act, as of March 31, 2026.

Motions pending more than six months0
Bench trials submitted more than six months0
Bankruptcy appeals pending more than six months0
Social Security appeals pending more than six months0
Civil cases pending more than three years0
ReportMotions over six monthsCases over three years
Mar 202600
Sep 202504
Mar 202502
Sep 202425
Mar 202423
Sep 202302
Mar 202300
Sep 202204
Mar 202202
Sep 202132
Mar 202125
Sep 202024

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.

How long civil cases take in this court

For the whole of United States District Court for the Eastern District of New York, not for Judge Levy: median time from filing to disposition of the civil cases the court closed in the 12 months ending September 30, 2025, as reported by the Administrative Office of the U.S. Courts.

CasesMedian time
All civil cases closed7,3926.7 months
Closed with no court action1,4853 months
Closed before pretrial5,0226.9 months
Closed during or after pretrial83513.9 months
Closed during trial5049.6 months
12 months endingCases closedMedian time
Sep 20257,3926.7 months
Sep 20247,8795.8 months
Sep 20237,7465.1 months
Sep 20227,5886.2 months
Sep 20216,7097.9 months
Sep 20206,0628.6 months
Sep 20196,8588.1 months

The table leaves out prisoner petitions, land condemnations, deportation reviews, recovery of overpayments and enforcement of judgments, and reports no median for fewer than 10 cases. A district that closed a large multidistrict litigation in the period shows very large counts and long medians for that year. Source: Table C-5, U.S. District Courts (spreadsheet).

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Ezel grounds your drafting and research in this profile: what has persuaded Judge Levy, and what has not, cited to the signed orders.

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