Court Rules
About United States Magistrate Judge Marty Fulgueira Elfenbein

**Magistrate Judge Marty Fulgueira Elfenbein** was sworn in as a United States Magistrate Judge for the Southern District of Florida on March 11, 2024. She began her legal career in aviation law and products liability defense, became a partner at Rumberger, Kirk, and Caldwell, P.A., and then clerked for Judge Beth Bloom in this same court. She then joined the U.S. Attorney's Office in Miami where she rose to Chief of the Collateral Litigation Section before her judicial appointment. **Education** - University of Florida, J.D., 2005 - University of Florida, B.A. in Newspaper Journalism, 2002 **Career** - U.S. Magistrate Judge, Southern District of Florida, 2024–present - Assistant U.S. Attorney, Southern District of Florida, September 2018–March 2024 (Major Crimes Section, Economic & Environmental Crimes Section; Chief, Collateral Litigation Section) - Law Clerk, Hon. Beth Bloom, Southern District of Florida - Associate then Partner, Rumberger, Kirk, and Caldwell, P.A., 2006–2016

**Division:** Miami **Courthouse:** C. Clyde Atkins U.S. Courthouse, 301 North Miami Avenue, 5th Floor, Miami, Florida 33128 **Phone:** (305) 523-5740 **Chambers Staff** - Courtroom Deputy: Octavia Green, (305) 523-5283 - Law Clerk (cases 0–4): (305) 523-5741 - Law Clerk (cases 5–9): (305) 523-5742

Common questions about Judge Marty Fulgueira Elfenbein's rules

What must be included with discovery response filings before Judge Marty Fulgueira Elfenbein?

The rule requires specific objection reasons. Conclusory objections to discovery requests are prohibited; must explain specific grounds.

View ruleSource: page 5, section Objections to Discovery Requests

What must be included with privilege claim filings before Judge Marty Fulgueira Elfenbein?

The rule requires sworn evidence if necessary. Party asserting privilege must present sworn evidence to support claim if necessary.

View ruleSource: page 6, section Objections to Discovery Requests

Does Judge Marty Fulgueira Elfenbein encourage junior lawyer participation?

Yes. Judge Marty Fulgueira Elfenbein's rules include a junior lawyer participation incentive. Junior lawyers (5 years or less experience) may have multiple attorneys argue if notified in advance.

Complete rules summary for Judge Marty Fulgueira Elfenbein

Junior lawyers (5 years or less experience) may have multiple attorneys argue if notified in advance.

Conclusory objections to discovery requests are prohibited; must explain specific grounds.

Must seek clarification before objecting to vague discovery requests.

Must produce discovery within undisputed scope when objecting to overly broad requests.

Objecting then answering "notwithstanding" is prohibited as it preserves nothing.

Objections must state whether responsive materials are being withheld.

Privilege objections must identify specific nature, subject matter, sender, receiver, and relationship.

Privilege objections without proper privilege log may be deemed waived.

Nonprivileged materials must be produced without delay while preparing privilege log.

Party asserting privilege must present sworn evidence to support claim if necessary.

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