Judge Edwin G. Torres
Individual Rules, Standing Orders & Policies
Adjournments
- Discovery disputes must be raised within 28 days (with 7-day extension) and completed before discovery cutoff.
Communication
Phone
Chambers
Document Filing Requirements17 rules
Boilerplate objections to discovery requests are prohibited; objections must state specific grounds.
Court's wording
Parties shall not make conclusory boilerplate objections. Such objections do not comply with Local Rule 26.1(G)(3)(a) which provides “Where an objection is made to any interrogatory or sub-part thereof or to any document request under Fed.R.Civ.P. 34, the objection shall state with specificity all grounds.” Blanket, unsupported objections that a discovery request is “vague, overly broad, or unduly burdensome” are, by themselves, meaningless, and disregarded by the Court. A party objecting on these bases must explain the specific and particular ways in which a request is vague, overly broad, or unduly burdensome.
Counsel shall include in the answer a clear statement that all responsive documents/information identified have in fact been produced/provided, or
Objections to discovery must include specific explanations for relevance challenges.
Court's wording
As with the previous objection, an objection that a discovery request is irrelevant or not reasonably calculated to lead to admissible evidence must include a specific explanation describing why the request lacks relevance, and why the information sought will not reasonably lead to admissible evidence. Parties are reminded that the Federal Rules allow for broad discovery, which does not need to be admissible at trial.
Parties should avoid reciting a formulaic objection (or worse “General objections”) followed by an answer to the request. It has become common practice for a party to object on the basis of any of the above reasons, and then state that “notwithstanding the above,” the party will respond to the discovery request, subject to or without waiving such objection. Such a boilerplate objection and answer preserves nothing, and constitutes only a waste of effort and the resources of both the parties and the court.
Further, such practice leaves the requesting party uncertain as to whether the question has actually been fully answered, or only a portion of it has been answered.
Requesting party must show relevance, necessity, and proportionality.
Court's wording
If the burden to sustain an objection is satisfied, the requesting party will have to show with specificity how the information is relevant and necessary, and proportional to the particular needs of the case.
Objecting party bears burden to show specificity why request is unreasonable.
- Document
- Discovery objection
Include
- •Objecting party burden
Court's wording
In the event of an unresolved discovery dispute, to show that the requested discovery is objectionable the burden is on the objecting party to demonstrate with specificity how the objected-to request is unreasonable.
Relatedly, the parties shall not wait until the end of the discovery period to begin taking any depositions.
Scope objections to 30(b)(6) notices must be served (not filed) before deposition.
Court's wording
Objections to the scope of a deposition notice shall be timely served (not filed) in advance of the deposition. See King v. Pratt & Whitney, 161 F.R.D. 475 (S.D. Fla. 1995); New World Network Ltd. v. M/V Norwegian Sea, 2007 WL 1068124, at *2-3 (S.D. Fla. 2007).
File Motion for Hearing on same day as calendar confirmation, including category and pre-filing status.
Court's wording
On the same day that the Court confirms an available time on the discovery calendar, the movant will file a Motion for Hearing reflecting the confirmed date and time. This motion shall also set forth the category of the discovery matters to be heard and the status of the parties' pre-filing efforts as to that issue/request.
To that end, the Court will strictly enforce Rule 26(a)(1) that sets forth the “Required Disclosures” that shall be made at the inception of the discovery period.
Privilege objections must identify specific privilege type and communication details.
- Document
- Privilege objection
Must include
- •Subject matter
- •Sender receiver
Court's wording
Local Rule 26.1(e)(2)(B) requires that objections based upon privilege identify the specific nature of the privilege being asserted, as well as identifying such things as the nature and subject matter of the communication at issue, the sender and receiver of the communication and their relationship to each other, among others.
If a party receives inadequate or untimely disclosures that matter shall be promptly raised with the Court, after conferral and if agreement is not timely reached on resolution.
- Document
- Disclosure dispute
Must include
- •Timely resolution
The Court will compel supplemental depositions in the event that Rule 26(a)(1) was not properly followed.
Failure to satisfy this burden will result in entry of an order compelling discovery under Rule 37.
Failure to show that the objecting party’s position was substantially justified may result in entry of monetary sanctions under that Rule.
Include
- •Monetary sanctions
Parties may sequence their own discovery without waiting for others.
Court's wording
The parties are reminded to comply with Rule 26(d)(3) that grants all parties the right to sequence their own discovery, which means that one party’s discovery does not require any other party to delay its discovery. The Court regularly enforces this Rule.
Filing & Service rules
Filing Bundling Requirements
Substantive discovery motions filed on docket will be stricken; use discovery calendar instead.
Any substantive discovery motion filed on the docket shall be Stricken.1 In lieu of traditional motion practice, a regular discovery calendar shall be held every Thursday, from 10:00 a.m. to 3:00 p.m., at the James Lawrence King Federal Justice Building, 99 NE 4th Street, Tenth Floor, Courtroom 5, Miami, Florida 33132.
Civil cases
Pre-Motion Conference Requirements
Discovery disputes require good faith conference and certification under Local Rule 7.1(a)(3).
parties must first confer in a good faith effort to resolve the dispute in compliance with S.D. Fla. L.R. 7.1(a)(3). Counsel must under this Local Rule certify that good faith efforts were made. An adequate certificate of conference almost always requires at least one, if not more, personal communications between counsel. Note, especially, that un-responded to emails are not enough to satisfy counsel's obligations under this Rule. The Court will deem an issue waived if counsel fails to abide by this obligation or fails to certify compliance with the Rule.
Civil cases
Adjournment & Extension Requirements
Discovery disputes must be raised within 28 days (with 7-day extension) and completed before discovery cutoff.
Discovery disputes must be raised timely as required by S.D. Fla. L.R. 26.1(g)(2). The Court strictly enforces this Rule, and interprets the twenty-eight- day window as the opportunity during which good faith resolution efforts must be made (subject to the seven-day agreed extension permitted by the rule). See also Local Rule 26.1(g)(2)(D). Unapproved extensions agreed to by the parties shall not be recognized. The Court also enforces Rule 26.1(d) that requires that all discovery, including resolution of discovery disputes, be fully completed prior to the expiration of the discovery cutoff. The parties are generally free to engage in agreed-upon discovery after the cutoff date; but under Rule 26.1(d) no Court intervention or remedy will be available to either party after the cutoff date.
Civil cases
Chambers Communication Rules
Contact chambers by noon Friday to schedule discovery calendar; 30 minutes per side allowed.
The party seeking to enforce a discovery obligation or obtain protection from such an obligation shall utilize the discovery calendar process. After conferring with the opposing party to confirm available dates, the moving party shall contact the undersigned's Chambers at (305) 523-5750 to place the matter on the next available discovery calendar. The movant must contact Chambers no later than noon on the Friday preceding the discovery calendar to schedule a time on that week's calendar. Ordinarily, no more than thirty (30) minutes of argument per side is permitted.
Civil cases