Andrew E. Krause
How Judge Krause rules, drawn from 13 signed orders. Every observation links to the order it came from.
About Judge Krause
Andrew E. Krause became a U.S. magistrate judge for the Southern District of New York in October 2020. He previously served as an assistant U.S. attorney in the district's Civil Division and practiced at Davis Polk & Wardwell. He earned a B.A. from Yale University and a J.D. from Harvard Law School.
Judge Krause's practices and standing orders
Rules for cases before Judge Krause, 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.
- Individual Practices ↗
- Model Confidentiality and Protective Order ↗
- Sample Remote Deposition Protocol ↗
- Civil Case Discovery Plan and Scheduling Order ↗
- Standing Order for Electronic Devices ↗
Key rules
Motions
A pre-motion conference is optional for non-discovery motions.
“A. Pre-Motion Conferences. For motions other than discovery motions, a pre- motion conference is not required. A party may request a pre-motion conference by letter motion where counsel believes that an informal conference with the Court may obviate the need for the motion or limit the scope of issues in dispute.”
Conferences
Request adjournments or extensions by ECF letter-motion after consulting affected parties.
“E. Requests for Adjournments or Extensions of Time. Any request for an adjournment of a court proceeding or for an extension of time for a deadline must be made in writing and filed on ECF as a letter motion, after consultation with all affected parties. The letter motion must state: (1) the original date of the”
Conferences
Absent an emergency, request adjournment of a court proceeding at least 48 hours in advance and offer two available dates.
“Scheduling Order must be attached. Absent an emergency, a request for adjournment of a court proceeding must be made at least 48 hours in advance of the proceeding to be adjourned, and must include at least two proposed dates on which all counsel are available for the adjourned proceeding.”
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).
- Amended Standing Order on Highly Sensitive Documents ↗
- Second Amended Standing Order on Civil Case Opening ↗
- Amended Standing Order on Miscellaneous Civil Case Opening ↗
- Standing Order on Applications to File a Civil Case Under Seal ↗
- Standing Order on Emergency Relief and Section 2255 Filing Procedures ↗
- Notice on Immigration Custody Habeas Petitions and Emergency Relief ↗
How Judge Krause decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Social Security review, Krause required vocational-expert evidence or a sufficiently detailed explanation when non-exertional limitations could affect the occupational base.
“remand is necessary here so that the ALJ can obtain testimony from a vocational expert and/or provide a more detailed explanation for why Plaintiff's non-exertional impairments do not affect his ability to perform sedentary work.”
For a post-judgment turnover order, he required proof that the judgment debtor had an interest in the property and was entitled to possession, then ordered the garnishee bank to turn over the funds.
“Plaintiffs have demonstrated their entitlement to the issuance of a turnover order pursuant to CPLR § 5225(b).”
Procedural preferences
In one wage-and-hour settlement, Krause required the parties to revise provisions in their first proposal before he approved the agreement and checked the requested fees against counsel's lodestar.
“certain provisions of the proposed settlement agreement needed to be revised.”
In Social Security fee applications, Krause compared the requested Section 406(b) award with effective hourly rates approved in circuit precedent and required counsel to refund the earlier EAJA payment to the claimant.
“Upon receipt of the award addressed in this Decision and Order, Mr. Olinsky is directed to promptly refund to Plaintiff $5,270.55, which represents the full amount EAJA fees that counsel previously received.”
In Crowe, Krause declined to stay a habeas case after the petitioner exhausted the proposed new claims, leaving the separate amendment request for later decision.
“Petitioner is not entitled to a stay, because the claims he seeks to add to this habeas proceeding via his motion to amend the Petition have now been fully exhausted in the state courts.”
Cautions
In a premises-liability case, unsupported speculation about how long a spill existed did not create constructive notice where the evidence did not connect the substance to the nearby products.
“The Court is not persuaded, particularly in light of the unchallenged testimony that whatever substance had spilled to the floor, it did not come from the haircare products in the photographs.”
In one Social Security fee application, Krause reduced the requested award after counsel offered no substantive reason for failing to seek an earlier fee award available after remand.
“the full Section 406(b) fee award of $3,571.25 requested by Mr. Insler would not be reasonable in this case.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Plaintiff's motion for judgment on the pleadings (ECF No. 23) is GRANTED”
“the Commissioner's motion for judgment on the pleadings (ECF No. 25) is DENIED”
“Plaintiff's motion for judgment on the pleadings (ECF No. 27) is DENIED”
“the Commissioner's cross-motion for judgment on the pleadings (ECF No. 29) is GRANTED”
“Defendant's motion for summary judgment (ECF No. 17) is GRANTED.”
“Plaintiff's motion for partial summary judgment (ECF No. 26) is GRANTED IN PART and DENIED IN PART”
“Defendant's motion for summary judgment (ECF No. 33) is GRANTED IN PART and DENIED IN PART.”
“Plaintiffs' motion for a turnover order pursuant to Rule 69(a) and CPLR § 5225(b) (ECF No. 105) is GRANTED.”
“Plaintiff's motion for attorney's fees (ECF No. 31) is GRANTED, and Mr. Olinsky is awarded $15,726.68”
“For the reasons that follow, the Court APPROVES the proposed settlement agreement.”
“the Court hereby GRANTS the letter motion (ECF No. 64)”
“Plaintiff’s motion for attorneys’ fees is GRANTED IN PART AND DENIED IN PART. Mr. Insler is hereby awarded $2,778.83.”
“Defendants’ letter motion for an order directing the SEC to produce the Examination Manual, Training Materials, and Modules (ECF No. 105) is DENIED.”
“Plaintiff’s motion for attorneys’ fees (ECF No. 26) is GRANTED, and Mr. Olinsky is awarded $19,037.50”
Caseload & timing
From public federal docket records for this judge.
The sample includes two Social Security appeals, two wage-and-hour matters, and one matter each involving personal injury, civil rights and vehicle-seizure procedure, employee benefits, a Federal Tort Claims Act claim, and attorney fees after Social Security remand.
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 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 | 9 |
| Report | Motions over six months | Cases over three years |
|---|---|---|
| Mar 2026 | 0 | 9 |
| Sep 2025 | 0 | 7 |
| Mar 2025 | 0 | 5 |
| Sep 2024 | 0 | 6 |
| Mar 2024 | 0 | 9 |
| Sep 2023 | 0 | 10 |
| Mar 2023 | 1 | 9 |
| Sep 2022 | 0 | 11 |
| Mar 2022 | 0 | 10 |
| Sep 2021 | 0 | 11 |
| Mar 2021 | 0 | 8 |
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 U.S. District Court for the Southern District of New York, not for Judge Krause: 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.
| Cases | Median time | |
|---|---|---|
| All civil cases closed | 9,565 | 5.6 months |
| Closed with no court action | 1,749 | 3.5 months |
| Closed before pretrial | 6,416 | 5.1 months |
| Closed during or after pretrial | 1,313 | 14.1 months |
| Closed during trial | 87 | 51.7 months |
| 12 months ending | Cases closed | Median time |
|---|---|---|
| Sep 2025 | 9,565 | 5.6 months |
| Sep 2024 | 10,695 | 6.4 months |
| Sep 2023 | 10,316 | 5.6 months |
| Sep 2022 | 11,818 | 6.1 months |
| Sep 2021 | 10,662 | 5.7 months |
| Sep 2020 | 10,118 | 6.6 months |
| Sep 2019 | 11,357 | 6.6 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).
Draft for Judge Krause with the record in hand
Ezel grounds your drafting and research in this profile: what has persuaded Judge Krause, and what has not, cited to the signed orders.
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