Judge Robin L. Rosenberg
Individual Rules, Standing Orders & Policies
- Rules last changed:
Page & Word Limits1 rule
Each party limited to one motion in limine with max 3 requests, including Daubert challenges.
Each party is limited to filing one motion in limine that contains no more than three requests for relief. This limitation includes Daubert challenges to expert witnesses. Any party may move for a modification of this limitation at least one week in advance of the deadline for filing motions in limine and must provide a detailed basis to support the requested relief.
Motion In Limine
Document Format Requirements6 rules
Third, the designated (or counter-designated) testimony for each witness must be highlighted and easy to locate and identify.
Exhibits must use numerical labels only with case number, exhibit number, and offering party.
All exhibits shall be pre-labeled in accordance with the proposed exhibit list, and only numerical sequences are permitted—alphabetical designations shall not be used. Exhibit labels must include the case number, the exhibit number, and the party offering the exhibit.
Each jury instruction shall be typed on a separate page and, except for Eleventh Circuit pattern instructions clearly identified as such, must be supported by citations to authority.
Objected instructions must be italicized (plaintiff) or bold-faced (defendant).
Instructions and questions proposed only by the plaintiff(s) to which the defendant(s) object shall be italicized. Instructions and questions proposed only by defendant(s) to which plaintiff(s) object shall be bold-faced.
Bench trial findings must be emailed in Word format with citations to authority.
An additional copy of all proposed Findings of Fact and Conclusions of Law (the date for filing the proposed Findings of Fact and Conclusion of Law is set forth in the pretrial scheduling order) shall be sent in Word format to the chambers e-mail account listed above. Proposed Conclusions of Law must be supported by citations to authority.
DOCX
Where the parties do agree on a proposed instruction or question, that instruction or question shall be set forth in Times New Roman 14 point typeface.
Document Filing Requirements63 rules
October 2, 2020: The parties shall provide opposing counsel with a written list with the names and addresses of all primary/initial expert witnesses intended to be called at trial and only those primary/initial expert witnesses listed shall be permitted to testify. The parties shall also furnish opposing counsel with expert reports or summaries of its expert witnesses' anticipated testimony in accordance with Fed. R. Civ. P. 26(a)(2). Within the 30 day period following this disclosure, the parties shall make their experts available for deposition. The experts' deposition may be conducted without further Court order.
DocumentExpert Witness List
October 16, 2020: The parties shall provide opposing counsel with a written list with the names and addresses of all rebuttal/responsive expert witnesses intended to be called at trial and only those rebuttal/responsive expert witnesses listed shall be permitted to testify. The parties shall also furnish opposing counsel with expert reports or summaries of its expert witnesses' anticipated testimony in accordance with Fed. R. Civ. P. 26(a)(2). Within the 30 day period following this disclosure, the parties shall make their experts available for deposition. The experts' deposition may be conducted without further Court order.
DocumentRebuttal Expert Witness List
Jury instructions must cite Eleventh Circuit pattern instructions or supporting case law.
To the extent these instructions are based upon the Eleventh Circuit pattern jury instructions, counsel shall indicate the appropriate Eleventh Circuit pattern jury instruction upon which their instruction is modeled. All other instructions shall include citations to relevant supporting case law.
DocumentJury Instructions
The joint set of proposed jury instructions should include both preliminary jury instructions (from the appropriate Eleventh Circuit pattern instructions) as well as final jury instructions. Proposed voir dire questions and verdict forms should be e-mailed in Word format to this e-mail address as well.
DocumentJury Instructions
Parties must submit joint jury instructions and verdict form in Word format to specified email.
In addition to filing their proposed jury instructions and verdict form with the Clerk, the parties shall also submit A SINGLE JOINT SET of proposed jury instructions and verdict form in Word format directly to Rosenberg@flsd.uscourts.gov.
DocumentJury Instructions
The parties shall inform the Court of the general category or nature of the disputes and provide a brief summary of the factual and/or legal support for the parties' respective positions.
DocumentNotice Of Remaining Issues
Two business days after the parties file their joint trial plan, the parties shall also file a Notice of Remaining Issues that Require Adjudication.
DocumentNotice Of Remaining Issues
This Notice shall inform the Court of areas in which a ruling is required including: (1) jury instructions, (2) verdict forms, (3) exhibits, (4) deposition designations, and (5) other evidentiary objections.
DocumentNotice Of Remaining Issues
Local Rule 56.1 requires a motion for summary judgment (and opposition thereto) to be accompanied by a statement of material facts. The Rule also imposes very specific and very
DocumentMotion For Summary Judgment
In order to appear via telephone, counsel must file a notice of telephonic appearance, as set forth in the instructions in this Order, at least one (1) day prior to the hearing.
DocumentNotice Of Telephonic Appearance
Motion to strike affirmative defenses must include certification in opening paragraph.
In the event a party elects to file a motion to strike affirmative defenses, however, the party must certify in the opening paragraph of the motion that the party has read and considered this section in the Court’s Order and has considered the case law cited herein.
DocumentMotion To Strike Affirmative Defenses
Objecting party must certify conferral, good faith, inability to resolve, and necessity of judicial intervention.
The deposition designation notebook must be accompanied by a certification, by the party objecting, that: (i) the parties have conferred on the objection, (ii) the objection is raised in good faith, (iii) the objection raises an issue that the parties, working together as professionals, cannot resolve without court intervention, and (iv) the expenditure of judicial labor is the only avenue by which the dispute may be resolved.
DocumentDeposition Designation Notebook
First, the notebook must be delivered to Chambers by the deadline for the parties’ joint Notice of Remaining Issues that Require Adjudication.
DocumentDeposition Designation Notebook
Notice of Intent to Seek Pretrial Adjudication of Deposition Designations required with proposed jury instructions.
contemporaneously with the parties’ filing of proposed jury instructions, the parties must file a Notice of Intent to Seek Pretrial Adjudication of Deposition Designations. The notice must be accompanied with the joint creation of a physical, non-electronic deposition designation notebook, subject to the follow requirements.
DocumentNotice Of Intent To Seek Pretrial Adjudication Of Deposition Designations
Fourth, objections to the designated testimony must be supplemented with an appendix that contains detailed legal argument explaining the objections, together with a response from the opposing party.
DocumentDeposition Designation Notebook
Second, the notebook (or notebooks) must contain the full deposition transcript for each designated witness.
DocumentDeposition Designation Notebook
Settlement must be reported to court within two court-days.
If the case is settled, counsel shall so inform the Court within two court-days of settlement by submitting an appropriate notice of settlement, stipulation for dismissal, or motion for dismissal, pursuant to Federal Rule of Civil Procedure 41(a). See Local Rule 16.4. The parties shall attend all hearings and abide by all time requirements unless and until an order of dismissal is filed.
DocumentSettlement Notice
At trial, the parties shall deliver to the Court a USB flash drive that contains digital copies of the exhibits.
DocumentExhibit
Discovery begins immediately; Initial Disclosures due February 18, 2020
Discovery shall begin immediately, and the parties shall adhere to the following schedule, which shall not be modified absent compelling circumstances: February 18, 2020: Rule 26(a)(1)(A) Initial Disclosures (if not provided earlier).
DocumentInitial Disclosures
If a witness does not appear on the witness list, that witness may not testify at trial absent good cause and no prejudice to the other side.
DocumentTrial Witness
January 4, 2021: The Pretrial Stipulation shall be filed. Designations of deposition testimony shall be made. Parties shall also exchange Rule 26(a)(3) witness and exhibit lists. See section 14.
DocumentPretrial Stipulation
Jury instructions or proposed findings, joint statement, joint trial plan, exhibit/witness lists, and notice of intent to seek adjudication due January 25, 2021.
January 25, 2021: Jury Instructions or Proposed Findings of Fact and Conclusions of Law shall be filed. The parties’ joint statement of the case is due. The parties’ joint trial plan is due. The parties shall file their finalized exhibit list and witness list. The parties’ Notice of Intent to Seek Pretrial Adjudication of Deposition Designations, if applicable, is also due. See sections 5, 8, 13.
DocumentTrial Preparation
January 1, 2021: Mediation must be completed.
DocumentMediation
If an exhibit does not appear on the exhibit list, that exhibit may not be offered at trial absent good cause and no prejudice to the other side.
DocumentTrial Exhibit
November 16, 2020: All expert discovery shall be completed.
DocumentExpert Discovery
Joint trial plan required at Calendar Call with detailed witness and time information.
As Calendar Call draws near, the Court will require a more detailed estimate of the time needed for trial in the form of a joint trial plan. The joint trial plan shall set forth the following information: (1) the anticipated length of time required for each party’s opening statement; (2) the witnesses each party intends to call at trial, listed in the order in which these witnesses will be called; (3) a brief description of each witness (e.g., the identity of the witness and the relationship of the witness to any parties in the case); (4) whether the witness is an expert and, if so, the area of expertise of the witness; (5) whether each witness will testify live, by video deposition, or by reading of deposition testimony; (6) the anticipated length of time required for direct examination, cross examination, and redirect examination of each witness; (7) the anticipated length of time required for each party’s closing argument; (8) any additional matters that may affect the course of trial; and (9) an accurate summation of the total time allocated in the trial plan.
DocumentJoint Trial Plan
Within one (1) day of the mediation conference, the mediator shall file a Mediation Report indicating who attended the mediation and the result thereof;
DocumentMediation Report
Parties must use Eleventh Circuit pattern jury instructions as a guide.
In preparing the requested jury instructions, the parties shall use as a guide the pattern jury instructions for civil cases approved by the Eleventh Circuit, including the directions to counsel contained therein.
DocumentJury Instructions
December 1, 2020: All Pretrial Motions, including summary judgment motions, Daubert motions, and motions in limine shall be filed. See sections 10-11.
DocumentPretrial Motion
Exhibit lists must use AO Form 187, numerical labels only, and USB flash drive at trial.
In any proceeding where evidence will be introduced, counsel shall submit to the Court a typed list of proposed witnesses and/or exhibits. All exhibits shall be pre-labeled in accordance with the proposed exhibit list, and only numerical sequences are permitted—alphabetical designations shall not be used. Exhibit labels must include the case number, the exhibit number, and the party offering the exhibit. A typewritten exhibit list setting forth the number, or letter, and description of each exhibit must be submitted prior to trial. Any composite exhibits should be listed separately, i.e. 1A, 1B, 1C, etc. The parties shall submit said exhibit list on AO Form 187, which is available from the Clerk’s office and at http://www.uscourts.gov/services-forms/forms. At trial, the parties shall deliver to the Court a USB flash drive that contains digital copies of the exhibits. The parties must also comply with Local Rule 5.3.
DocumentExhibit List
January 14, 2021: Objections to counter-designations of deposition testimony and responses to objections to designations of deposition testimony shall be filed.
DocumentDeposition Designation
January 8, 2021: Counter-designations of deposition testimony and objections to designations of deposition testimony shall be filed. Late designations shall not be admissible absent exigent circumstances.
DocumentDeposition Designation
January 17, 2021: Responses to objections to counter-designations of deposition testimony shall be filed.
DocumentDeposition Designation
The Pretrial Stipulation shall conform to S.D. Fla. L.R. 16.1(e). The Court will not accept unilateral pretrial stipulations and will strike sua sponte any such submissions.
DocumentPretrial Stipulation
The Pretrial Stipulation must contain a list of the exhibits each side intends to offer at trial and a list of each witness who will testify at trial.
DocumentPretrial Stipulation
January 27, 2021: The parties’ Notice of Remaining Issues that Require Adjudication is due. The parties’ joint deposition designation notebook, if applicable, is due. See section 13.
DocumentTrial Preparation
Joint statement of case required with jury instructions, brief and no argument.
When the parties file proposed jury instructions, the parties shall also file a joint statement of the case. The statement of the case should be brief and should contain no argument. The purpose of the joint statement of the case is merely to convey enough information to a prospective juror for that juror to ascertain whether he or she has previous knowledge of the case.
DocumentJury Instructions
The statement of claim shall also include all attorney’s fees and costs incurred to date. With respect to attorney’s fees, counsel must provide the hourly rate sought and the number of hours expended by each person billing time.
DocumentStatement Of Claim
The Plaintiff must file a statement of claim specifying the amount, calculation, and nature of alleged unpaid wages within 21 days after the Order.
To assist the Court in the management of the case, the Plaintiff is ORDERED to file with the Court a statement of claim setting forth the amount of the alleged unpaid wages, the calculation of such wages, and the nature of the wages (e.g. overtime or regular) within twenty-one (21) days from the date of this Order.
DocumentStatement Of Claim
The Defendant, within fourteen (14) days of service of the Plaintiff’s statement of claim, is ORDERED to file with this Court a response to the Plaintiff’s statement, and provide the Plaintiff with copies of all documents supporting its defenses.
DocumentResponse To Statement Of Claim
The Plaintiff shall, on that same date, additionally file a notice of full compliance with this Order.
DocumentNotice Of Compliance
Concurrently, the Defendant shall file a notice of full compliance with this Order.
DocumentNotice Of Compliance
b. State whether the settlement agreement would result in a complete recovery of all wages that plaintiff(s) claimed to be owed.
DocumentSettlement Approval Motion
e. If the settlement agreement contains a confidentiality provision, explain why the parties believe such a provision is warranted.
DocumentSettlement Approval Motion
a. Attach a copy of the settlement agreement.
DocumentSettlement Approval Motion
c. Explain, with specificity, the nature of the parties’ bona fide dispute and why the settlement agreement represents a fair and reasonable resolution of that dispute, in light of the factors outlined above.
DocumentSettlement Approval Motion
If the fees were calculated on an hourly basis, records of counsel’s time should be attached.
DocumentSettlement Approval Motion
d. If the settlement agreement provides for the recovery of attorney’s fees, explain how the fees were calculated and why the amount of the fees is reasonable.
DocumentSettlement Approval Motion
Motions in limine that request for the Court to order the opposing party to comply with the Federal Rules of Evidence are improper and may be denied immediately.
DocumentMotion In Limine
Motions to strike affirmative defenses are disfavored; improper affirmative defenses will be construed as denials.
This Court disfavors motions to strike affirmative defenses. However, the Court will not permit a defendant to raise an affirmative defense that is not, in fact, an affirmative defense (such as the affirmative defense of “failure to state a claim”) at any stage of the litigation, including upon the filing of a motion for summary judgment and at trial.
Non-compliance with order may result in sanctions.
Intentional or repeated non-compliance with any provision of this Order may subject the non-complying party or counsel to appropriate sanctions. It is the duty of all counsel to enforce the timetable set forth herein in order to ensure an expeditious resolution of this cause.
DocumentPretrial Order
Court may issue show cause order for sanctions against non-cooperating parties or attorneys.
Upon receipt of such certifications, the Court may issue an order requiring the non-cooperating party or parties to show cause why such party or parties, or their respective attorneys, should not be sanctioned for the failure to comply with the Court’s order.
DocumentShow Cause Order
Witness order in joint trial plan is flexible with advance notice; other aspects must be followed.
If adjustments become necessary during trial, the Court will not require the parties to call their witnesses in the order in which they are listed in the joint trial plan, as long as sufficient advance notice of the adjustments is provided to the Court and opposing counsel. However, the Court expects very little deviation from the joint trial plan in all other respects.
DocumentJoint Trial Plan
Non-cooperating parties must file certification explaining circumstances by pretrial stipulation due date.
Should any of the parties fail to cooperate in preparing the Pretrial Stipulation, all parties shall file (by the date the pretrial stipulation was due) a certification with the Court stating the circumstances.
DocumentCertification
Failure to comply with these requirements may result in denial of the motion for settlement approval.
DocumentSettlement Approval Motion
If the parties cannot agree on a mediator, they must ask the Clerk to designate one randomly from the list of certified mediators.
If the parties are unable to agree upon mediator, they shall ask the Clerk of Court to designate a mediator from the list of certified mediators on a blind random basis;
Counsel for Plaintiff shall be responsible for coordinating a mediation date, time, and location agreeable to the mediator and all counsel of record;
Note: The above provisions pertaining to expert witnesses do not apply to treating physicians, psychologists or other health providers.
DocumentExpert Witness List
The parties need not include an estimation of time for jury selection.
DocumentJoint Trial Plan
Trial set for February 1, 2021 at 9:00 a.m. in West Palm Beach
PLEASE TAKE NOTICE that the above-captioned cause is hereby set for Trial before the Honorable Robin L. Rosenberg, United States District Judge, at the United States District Court at 701 Clematis Street, Fourth Floor, Courtroom 1, West Palm Beach, Florida, during the four- week trial period commencing February 1, 2021 at 9:00 a.m., or as soon thereafter as the case may be called.
DocumentTrial Notice
Magistrate Judge has authority to permit amendments; pending motions become moot
The undersigned also refers to Judge Reinhart the authority to permit an amendment to a pleading. If any party accepts the opportunity to amend a pleading from Judge Reinhart, the undersigned will deem any pending motion to dismiss (or motion to strike) the pleading as moot.
DocumentAmendment
Parties must estimate witnesses and trial time at Status Conference for scheduling purposes.
At the Status Conference, the Court will require all parties to estimate the total number of witnesses each party intends to call at trial and to estimate the total amount of time requested for trial. The Court will utilize this estimate in the event multiple cases proceed to trial during the relevant trial period. The parties’ estimate is not intended to be binding on the parties—it is merely a preliminary scheduling tool for the Court.
DocumentStatus Conference
the parties must begin to confer and prepare the proposed jury instructions at the time they are preparing the pretrial stipulation.
DocumentJury Instructions
Filing & Service rules
Filing Timing and Cure Windows
Mediation must be completed within 20 days after the defendant’s response to the statement of claim is due.
Mediation shall be completed within twenty (20) days after the date that Defendant’s response is due to Plaintiff’s statement of claim;
Civil cases
Page 4 | III. MEDIATION
The mediator must file a report stating who attended and the result within one day after the mediation conference.
Within one (1) day of the mediation conference, the mediator shall file a Mediation Report indicating who attended the mediation and the result thereof.
Civil cases
Page 4 | III. MEDIATION
Within 14 days after the order is rendered, the parties must agree on a mediator and file a notice naming the mediator and stating the mediation’s date, time, and location.
The parties shall, within fourteen (14) days of the rendition of this Order, 1 agree upon a mediator and file a Notice with the Court naming the chosen mediator and stating the date, time, and location for which mediation has been scheduled.
Civil cases
Page 4 | III. MEDIATION
Service and Proof of Service Rules
Within the 21-day period, the Plaintiff must serve the Order, statement of claim, and supporting documents on Defendant’s counsel.
Also within that allotted time, the Plaintiff shall serve a copy of this Order, the statement of claim, and copies of all documents supporting the claim (e.g. time slips, pay stubs) on the Defendant’s counsel.
Civil cases
Page 1 | I. STATEMENT OF CLAIM
Pre-Motion Conference Requirements
Objections require full, reasonable conferral between parties before being raised.
Fifth and finally, an objection to designated testimony may only be raised after a full, reasonable conferral between the parties on the issue in dispute as more fully set forth below.
Civil cases
Page 30
Motion required one week before trial to use electronic equipment in courtroom.
Counsel desiring to utilize laptop computers or other electronic equipment in the courtroom shall file a motion and submit a proposed order granting such use one week prior to the commencement of trial. The motion and proposed order should describe with specificity (1) the equipment, (2) the make and model of the equipment, and (3) the identity of the person who will bring the proposed equipment. A sample order permitting electronic equipment into the courtroom is available for viewing on the Court’s website at: http://www.flsd.uscourts.gov / content / judge- robin-l-rosenberg. Counsel shall contact the courtroom deputy at least one week prior to trial to discuss any special equipment (video monitor, etc.) that may require special arrangements.
Civil cases
Page 33 | 16. NON-COMPLIANCE WITH THIS ORDER
Parties may still request oral argument even if Court sets hearings sua sponte.
The Court’s sua sponte setting of hearings on motions does not preclude the parties from requesting oral argument, as appropriate, on filed motions.
Civil cases
Page 22 | 9. HEARINGS
Court will sua sponte review motions and determine which require hearings.
The Court will review sua sponte any motions (other than those referred to the Magistrate Judge) and determine which motions are appropriate for a hearing.
Civil cases
Page 22 | 9. HEARINGS
Adjournment & Extension Requirements
Extending discovery deadline waives Rule 56(d) arguments about inability to move for summary judgment.
Furthermore, the parties are hereby on notice that if the parties extend the deadline for discovery, the Court will deem the parties to have waived any argument under Rule 56(d) of the Federal Rules of Civil Procedure that a party cannot move for or defend against summary judgment because of the extension of the discovery deadline.
Civil cases
Only when the parties seek and are unable to agree on a modification of a pretrial deadline or seek an extension of the deadline for dispositive motions or any deadline following the deadline for dispositive motions, should the parties file a motion with the Court.
Only when the parties seek and are unable to agree on a modification of a pretrial deadline or seek an extension of the deadline for dispositive motions or any deadline following the deadline for dispositive motions, should the parties file a motion with the Court.
Civil cases
The court must approve any extension of the mediation deadline in advance.
The mediation deadline imposed by this Order may not be extended without prior approval of the Court
Civil cases
Page 4 | III. MEDIATION
Joint notice procedure cannot be used to extend deadlines to answer pleadings or respond to motions.
The parties may not utilize this procedure to extend the deadline to answer a pleading or to respond to a motion.
Civil cases
However, if the parties elect to modify deadlines2 by agreement, the parties should not anticipate that the Court will modify other deadlines as a result of any possible prejudice to the parties. By way of example, if the parties extend the deadline for discovery, the parties should not anticipate that the Court will modify the deadline for dispositive motions.
However, if the parties elect to modify deadlines2 by agreement, the parties should not anticipate that the Court will modify other deadlines as a result of any possible prejudice to the parties. By way of example, if the parties extend the deadline for discovery, the parties should not anticipate that the Court will modify the deadline for dispositive motions.
Civil cases
Failure to follow procedures may result in denial of motion without prejudice.
If any party fails to follow the procedures in this order, the Court may deny the motion without prejudice.
Civil cases
Pretrial deadlines before dispositive motions can be modified by joint notice without court order.
Provided that all parties are in agreement, any pretrial deadline(s) prior to the deadline for the filing of dispositive motions may be modified without Court order by filing a joint notice indicating the new pretrial deadline(s) reached by agreement. A motion need not be filed.
Civil cases
Chambers Communication Rules
Communication rules with chambers available on court website.
Rules regarding communication with Chambers are available for viewing at http://www.flsd.uscourts.gov / content / judge-robin-l-rosenberg.
Civil cases
Page 33 | 18. COMMUNICATION WITH CHAMBERS
Pro hac vice, substitution of counsel, and discovery motions referred to Magistrate Judge
Pursuant to 28 U.S.C. § 636(b)(l)(A) and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned cause is referred to United States Magistrate Judge Bruce E. Reinhart for appropriate disposition of all pro hac vice motions, motions to substitute counsel, and pretrial motions related to discovery.
Civil cases
Calendar Call and Status Conference scheduled; non-evidentiary hearings via Zoom
PLEASE TAKE FURTHER NOTICE that Calendar Call will be held on January 27, 2021 at 10:30 a.m. and a Status Conference will be held on December 16, 2020 at 10:00 a.m. Unless the Court notifies the parties otherwise, the Court will conduct Calendar Call (or any other non-evidentiary hearing) by Zoom and the Court will distribute login information approximately one week prior to the proceeding.
Civil cases
Junior Lawyer Participation Incentives
Additionally, the Court will permit experienced counsel to reserve the right to supplement or amend oral argument by less-experienced counsel, and the Court may afford a slight amount of additional time to allow for such supplementation or amendment.
Additionally, the Court will permit experienced counsel to reserve the right to supplement or amend oral argument by less-experienced counsel, and the Court may afford a slight amount of additional time to allow for such supplementation or amendment.
Civil cases
Page 22 | 9. HEARINGS
Court welcomes less-experienced counsel to argue motions at hearings.
counsel should keep in mind the need to provide courtroom experience to the next generation of practitioners and, as a result, the Court will particularly welcome any less-experienced counsel to argue any of the motions set for a hearing.
Civil cases
Page 22 | 9. HEARINGS