Alvin K. Hellerstein

How Judge Hellerstein rules, drawn from 33 signed orders. Every observation links to the order it came from.

Court
United States District Court for the Southern District of New York
Position
District judge
Status
Senior status
Appointed by
Bill Clinton (Democratic)
Commissioned
October 22, 1998
Education
Columbia College (B.A., 1954); Columbia Law School (J.D., 1956; editor, Columbia Law Review)
Signed orders read
33

About Judge Hellerstein

Alvin K. Hellerstein is a judge of the United States District Court for the Southern District of New York. Appointed by President William J. Clinton, Judge Hellerstein received a commission on October 22, 1998. Judge Hellerstein assumed senior status on January 30, 2011.

Judge Hellerstein's practices and standing orders

Rules for cases before Judge Hellerstein, 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

Filing

Send chambers one courtesy copy of pleadings, motions, and supporting papers, except pro hac vice motions.

“F. Courtesy Copies. Parties shall send to Chambers one courtesy copy of all pleadings, motions, and supporting papers, except motions for admission pro hac vice. In the event of an especially voluminous submission, and only with written approval from Chambers, parties may submit their exhibits by CD. In any event, courtesy copies are to be submitted without plastic covers.”

Motions

Counsel should file motions without requesting a pre-motion conference or permission; letter motions are not accepted.

“B. Motions. Counsel shall not request a pre-motion or permission to file a motion. Motions may be filed in the discretion of the attorneys, and shall conform to the Federal Rules of Civil Procedure. Letter motions or oppositions will not be accepted.”

Conferences

Request adjournments or extensions in writing at least 48 hours before the scheduled date.

“D. Requests for Adjournments or Extensions of Time. All requests for adjournments (including adjournments of court conferences) or extensions of time must be made in writing at least 48 hours before the scheduled deadline or date of appearance. All requests must state: (i) the original date; (ii) the number of”

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 8, 2026).

Key rules from these orders · The court's local rules ↗

How Judge Hellerstein decides

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

What persuades

In Swatch Group v. Bloomberg, he denied a motion to dismiss a copyright claim over a simultaneously recorded conference call. He held that the pleaded recording was fixed and sufficiently original, and that registration before suit made the advance-notice procedure in § 411(c) unnecessary.

“Because Swatch Group fixed the call in a tangible medium of expression simultaneously with its transmission, because Swatch Group’s sound recording was independently created, and because Swatch Group’s senior executives’ spoken-word contributions to the sound recording have the requisite creativity, Management Services has sufficiently pleaded a claim of copyright infringement.”

In an ERISA benefits-interference pleading, allegations that an employer cut hours to avoid coverage supported a plausible claim, including a request for lost wages tied to restoring benefits.

“Accordingly, accepting as I must that these factual allegations will be proved, the complaint states a plausible and legally sufficient claim for relief, including, at this stage, Plaintiffs claim for lost wages and salary incidental to the reinstatement of benefits.”

Procedural preferences

In a contract-formation dispute, he held that the parties had not formed a contract because they never agreed on a choice-of-law term, granted Cedar’s summary-judgment motion, and denied Hanwha’s cross-motion.

“For the reasons that follow, I hold that because the parties could not agree on a choice of law, they did not form a contract. I therefore grant Cedar’s motion for summary judgment dismissing the complaint, and I deny Hanwha’s cross-motion.”

In one employment dispute, the court denied arbitration because the employer had presented it as an employee choice rather than a required condition of continued employment.

“Macy’s never presented Step 4 of the InSTORE program — binding arbitration — as a term or condition of continued employment.”

In a copyright circumvention dispute, he let an access-control claim proceed because the complaint plausibly described a technological measure and the pleadings did not establish how it operated. A party challenging such a claim may need a developed technical record.

“Whether YouTube's measures ultimately constitute access controls within the meaning of § 1201 requires a greater factual record than the pleadings contain.”

On remand concerning a second attempt to remove a state prosecution, he denied leave because the cited grounds were not new and good cause and diligence had not been established.

“He has failed to show good cause and diligence.”

In G.F.F. v. Trump, he denied a motion to decertify the district-limited habeas class. The order considered the possibility of repeated removal proceedings, access to counsel, judicial efficiency, and due process for future class members.

“Judicial efficiency, and considerations of due process for individuals yet to be ordered to be removed, support a class action.”

Cautions

In litigation arising from the September 11 debris, he considered the families’ claims on the merits and reluctantly dismissed them because the complaint did not state a legally sufficient claim under the Constitution or New York law.

“I hold, with reluctance, for the suffering of the families thus affected by the events of September 11, 2001 is great, that plaintiffs are not able to state a legally sufficient claim for relief under the United States Constitution or under New York law. Consequently, defendants’ motion is granted, and the Complaint is dismissed.”

Signed rulings

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

Swatch Group Management Services Ltd. v. Bloomberg L.P.
808 F. Supp. 2d 634 · 2011-08-30
Motions to dismiss (defendant) Denied

“The motion of defendant Bloomberg L.P. (‘Bloomberg’) to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) is hereby denied.”

Eyal R.D. Corp. v. Jewelex New York Ltd.
784 F. Supp. 2d 441 · 2011-05-04
Motions to dismiss (defendant) Granted

“For the reasons that follow, Jewelex’s motion is granted.”

Hanwha Corp. v. Cedar Petrochemicals, Inc.
760 F. Supp. 2d 426 · 2011-01-18
Summary judgment (defendant) Granted

“I therefore grant Cedar’s motion for summary judgment dismissing the complaint, and I deny Hanwha’s cross-motion.”

Summary judgment (plaintiff) Denied
WTC Families for a Proper Burial, Inc. v. City of New York
567 F. Supp. 2d 529 · 2008-07-07
Motions to dismiss (defendant) Granted

“Consequently, defendants’ motion is granted, and the Complaint is dismissed.”

In re September 11 Litigation (Cantor Fitzgerald & Co. v. American Airlines, Inc.)
760 F. Supp. 2d 433 · 2011-01-19
Summary judgment (defendant) Granted

“For the reasons that follow, I grant American’s motion and limit the damages that Cantor Fitzgerald may claim.”

American Civil Liberties Union v. Department of Defense
723 F. Supp. 2d 621 · 2010-07-15
Motion for reconsideration (plaintiff) Denied

“ORDER AND OPINION DENYING PLAINTIFFS’ MOTION FOR RECONSIDERATION: FOIA EXEMPTION THREE APPLIES DESPITE CLAIMS THAT UNDERLYING INTELLIGENCE SOURCES OR METHODS VIOLATE THE CONSTITUTION OR STATUTES OF THE UNITED STATES”

Howell v. City of New York
1:24-cv-09408-AKH · 2026-08-17
Motions to dismiss (defendant) Denied

“For the foregoing reasons, Defendants' motions to dismiss are denied.”

Motions to dismiss (defendant) Denied
Gallego v. Northland Group, Inc.
No. 14 Civ. 7115(AKH) · 2015-04-27
Class certification (both parties) Denied

“The joint motion to certify the class is denied.”

Garnica v. Edwards
No. 13 Civ. 3943(AKH) · 2014-12-11
Summary judgment (defendants) Granted

“Plaintiffs claims are not supported by evidence, and no jury could reasonably find in her favor. Defendants’ motion for summary judgment is granted.”

Marchuk v. Faruqi & Faruqi, LLP
No. 13 Civ. 1669(AKH) · 2015-04-20
Motion for attorneys fees (plaintiff) Granted in part

“Plaintiffs motion for fees and costs is granted in part.”

Motion for attorneys fees (defendants) Denied

“Defendants’ motion is denied.”

Marin v. Dave & Buster's, Inc.
15 Civ. 3608 (AKH) · 2016-02-09
Motions to dismiss (defendants) Denied

“Defendants’ motion to dismiss is DENIED.”

Doe v. Hagenbeck
No. 13 CIV. 2802 AKH · 2015-04-13
Motions to dismiss (defendants) Granted in part

“GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS COMPLAINT”

Caseload & timing

From public federal docket records for this judge.

The visible docket slice is current and 2025-2026-heavy and reflects current assignments, not a tenure-wide caseload; durations are filed minus terminated.

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 months5
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 years5
ReportMotions over six monthsCases over three years
Mar 202655
Sep 202537
Mar 202548
Sep 202419
Mar 2024164
Sep 2023239
Mar 2023414
Sep 20221618
Mar 2022716
Sep 20211379
Mar 20211186
Sep 2020091

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 Southern District of New York, not for Judge Hellerstein: 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 closed9,5655.6 months
Closed with no court action1,7493.5 months
Closed before pretrial6,4165.1 months
Closed during or after pretrial1,31314.1 months
Closed during trial8751.7 months
12 months endingCases closedMedian time
Sep 20259,5655.6 months
Sep 202410,6956.4 months
Sep 202310,3165.6 months
Sep 202211,8186.1 months
Sep 202110,6625.7 months
Sep 202010,1186.6 months
Sep 201911,3576.6 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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