Richard M. Berman

How Judge Berman rules, drawn from 37 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
Cornell University, B.S. (1964); New York University School of Law, J.D. (1967); Fordham University Graduate School of Social Services, M.S.W. (1996)
Signed orders read
37

About Judge Berman

Richard M. Berman is a judge of the United States District Court for the Southern District of New York. Appointed by President William J. Clinton, Judge Berman received a commission on October 22, 1998. Judge Berman assumed senior status on September 11, 2011.

Judge Berman's practices and standing orders

Rules for cases before Judge Berman, 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

Contacting chambers

Do not email chambers without specific authorization.

“D. Emails. Emails to Chambers are not permitted unless specifically authorized.”

Motions

A pre-motion conference is required for civil motions except the two specified categories.

“A. Pre-Motion Conferences in Civil Cases. A pre-motion conference with the Court is required before making any motion, except: (1) motions that are required by Federal Rule of Appellate Procedure 4(a)(4)(A) to be made by a date certain; and (2) pro hac vice motions. To arrange a pre-motion conference, the moving party shall submit a letter not”

Conferences

Request an adjournment or extension by letter at least 48 hours before the scheduled date.

“E. Requests for Adjournments or Extensions of Time. Requests for adjournments or extensions of time shall be by letter and shall be made at least 48 hours prior to the scheduled date. Requests shall state (1) the original date, (2) the number of previous requests for adjournment or extension, (3) whether previous requests were granted or denied, and (4) whether the adversary consents and, if not, the reasons given by the”

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 Berman decides

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

What persuades

In Duka v. U.S. Securities & Exchange Commission, he found that the challenged proceeding threatened irreparable constitutional injury because the plaintiff could not recover monetary damages from the agency.

“Without an injunction, Plaintiff would not only be forced into an unconstitutional proceeding, but would be unable to recover monetary damages from this harm as the SEC possesses sovereign immunity.”

Procedural preferences

In American Civil Liberties Union v. U.S. Department of Homeland Security, he directed the government to comply with his prior disclosure order.

“The Government needs to come into compliance with the Court's directive.”

In SEC v. Waldman, he rejected a general request to seal deposition material and required the nonparties to identify specific lines and reasons for any redaction.

“The Court was unpersuaded at the hearing, in part because of the generality of counsels' arguments.”

Cautions

In Mister Sprout, Inc. v. Williams Farms Produce Sales, Inc., he rejected a proposed fee rate that was not tied to this district, federal litigation, or counsel’s experience.

“There is no indication of how this rate was derived, it is not specific to this district, it is not limited to federal litigation, and it does not take into account attorney experience.”

In Rahimi’s Section 2255 proceeding, the court declined to review challenges to two counts under the concurrent-sentence doctrine because success on those counts would not shorten incarceration under unchallenged life sentences.

“because any favorable decision on these counts would not shorten the amount of time he will spend incarcerated.”

Signed rulings

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

Duka v. U.S. Securities & Exchange Commission
· 2015-08-12
Preliminary injunction (plaintiff) Granted

“It is hereby ORDERED that Defendant, the U.S. Securities and Exchange Commission, is preliminarily enjoined from in any way further pursuing the pending administrative proceeding against Plaintiff”

American Civil Liberties Union v. U.S. Department of Homeland Security
· 2013-12-30
Motion for reconsideration (defendant) Denied

“For the foregoing reasons, Defendants’ motion for reconsideration [# 59] is denied.”

United States Fidelity & Guaranty Co. v. Ashley Reed Trading, Inc.
· 2014-08-20
Summary judgment (defendants) Denied

“Defendants’ motion for summary judgment [# 98] is denied”

Summary judgment (plaintiff) Granted

“USF & G’s cross-motion for summary judgment [# 108] is granted.”

Padilla v. Maersk Line, Ltd.
· 2010-10-26
Class certification (plaintiff) Granted

“Plaintiffs Motion for Class Certification [# 48] is granted”

Motion for entry of judgment (defendant) Denied

“Defendant’s Motion for Entry of Judgment [# 39] is denied.”

Syncora Guarantee Inc. v. HSBC México, S.A.
· 2012-03-20
Motion to deliver trust assets (plaintiff) Denied

“Plaintiffs motion to direct Defendant to deliver trust assets to the Court [# 12] is denied”

Motion to compel arbitration (defendant) Granted in part

“Defendant’s motion to compel arbitration as to Syncora’s breach of fiduciary duty, breach of duty of good faith, indemnification, and promissory estoppel claims is granted, (ii) Defendant’s motion to compel arbitration as to Syncora’s declaratory judgment claim is denied”

Motions to stay (defendant) Granted

“Defendant’s motion to stay is granted”

Motions to dismiss (defendant) Denied

“Defendant’s motion to dismiss for lack of proper service is denied”

Judgment on the pleadings (plaintiff) Moot / procedural

“Plaintiffs motion for judgment on the pleadings and to dismiss Defendant’s counterclaims [# 26] is denied without prejudice.”

Mister Sprout, Inc. v. Williams Farms Produce Sales, Inc.
· 2012-07-25
Motion for attorneys fees (respondent) Granted in part

“the Court adopts the Report [# 41] and also authorizes an award for $862.50 (attorney travel time) and $847,71 (travel costs). The Clerk of the Court is respectfully requested to enter a supplemental judgment in favor of Respondent in the amount of $24,322.50 in attorney’s fees and $1,197,09 in costs.”

United States Securities & Exchange Commission v. Verdiramo
· 2012-01-13
Motion for disgorgement and prejudgment interest (plaintiff) Granted

“the Report is adopted in its entirety. Victoria Chen is ordered to disgorge $40,284 and to pay $16,453 in prejudgment interest, Vincent Verdiramo is ordered to disgorge $42,938 and to pay $15,827 in prejudgment interest, and Richard Verdiramo is jointly and severally liable with Chen, Meyer, and Vincent Verdiramo for $307,769 in disgorgement and $120,356 in prejudgment interest.”

Wagner v. Barrick Gold Corp.
· 2008-02-15
Class certification (plaintiff) Granted

“For the reasons stated above, the Court grants Plaintiffs’ motion for class certification [Dkt. No. 90] and appointment of class representatives and class counsel.”

American Civil Liberties Union v. U.S. Department of Homeland Security
· 2013-09-09
Summary judgment (plaintiff) Granted

“Plaintiffs’ motion for summary judgment [#23] is granted”

Summary judgment (defendant) Denied

“Defendants’ cross-motion for summary judgment [# 32] is denied.”

Duka v. U.S. Securities & Exchange Commission
· 2015-04-15
Preliminary injunction (plaintiff) Denied

“For the reasons stated herein, Plaintiffs motion for a preliminary injunction and temporary restraining order [# 9] is denied.”

Lewin v. Lipper Convertibles, L.P.
· 2010-11-17
Summary judgment (defendant) Granted

“For the foregoing reasons, PwC’s motion for summary judgment [# 56, 65] is granted.”

Gordon v. Softech International, Inc.
· 2011-11-30
Summary judgment (defendants) Granted in part

“Defendants’ motion for summary judgment [# 77] is granted in part and denied in part”

Summary judgment (plaintiff) Denied

“Plaintiffs cross-motion for summary judgment on his DPPA claims against Leifer and the Reseller Defendants [# 83] is denied”

Caseload & timing

From public federal docket records for this judge.

Median case duration in the sampled dockets: 310.5 days (N = 6).

The six fixed 2018 matters were predominantly post-conviction petitions, with one Social Security appeal and one arbitration dispute. Two later post-conviction cases and a pending employment case were selected for their readable orders. These cases do not establish the judge’s overall case mix.

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 months1
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 202610
Sep 202500
Mar 202500
Sep 202401
Mar 202402
Sep 202301
Mar 202303
Sep 202212
Mar 202214
Sep 202113
Mar 202106
Sep 202007

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 Berman: 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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