Southern District of Florida Adjournment & Extension Requirements

Responses and replies to discovery motions due within 7 days.

Source text: Responses and replies to discovery motions are due within seven (7) days of the filing of a motion, or response.

Motions to join parties and amend complaint must be filed within 60 days of joint scheduling report.

Source text: [approx. 60 days from the filing of the joint scheduling report] All motions to join additional parties and amend the complaint must be filed.

All discovery must be completed 135 days after joint scheduling report filing in expedited track.

Source text: [Expedited Track: counsel to input date that is 135 days from the filing of the joint scheduling report] All discovery shall be completed.

Extension requests must be filed at least 3 business days before the deadline.

Source text: Absent an emergency, motions for extensions of time must be filed no later than three business days prior to the deadline from which relief is being sought.

Extension requests must include conferral statement, prior requests, circumstances, relief period, and impact on dispositive motion/trial.

Source text: All requests for extensions of time must include (1) the conferral statement required under Local Rule 7.1 specifying what methods were used to confer; (2) a list of any prior motions for extension of time, the basis for those requests, and whether they were granted; (3) a specific statement regarding the circumstances necessitating the requested relief; (4) a specific period for the relief requested, and (5) a statement as to whether the request impacts the deadline to file a dispositive motion or trial date.

Extending discovery deadline waives Rule 56(d) arguments about inability to move for summary judgment.

Source text: 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.

Motion required for modifications when parties cannot agree or for dispositive motion deadlines.

Source text: 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.

Discovery disputes must be raised within 28 days (with 7-day extension) and completed before discovery cutoff.

Source text: 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.

Discovery disputes must be raised within 28-day window (plus 7-day extension).

Source text: Timing: Parties must timely raise discovery disputes as required by Local Rule 26.1(g)(2). The Court strictly enforces the Local Rule and interprets the 28-day window as the time during which the parties must make good-faith resolution efforts, subject to the seven-day extension permitted by the Local Rule. Thus, the parties must seek relief within the period prescribed in Local Rule 26.1(g)(2) by filing a joint motion for discovery hearing, as explained in paragraph three below.

Discovery disputes must be brought to court within 28 days of when grounds for relief occur.

Source text: A party seeking Court intervention regarding a discovery dispute must do so in accordance with the next section (Section C) within 28 days of when grounds for relief occur.

Discovery disputes must be brought to court at least 7 days before discovery cutoff, absent exceptional circumstances.

Source text: Moreover, absent exceptional, unavoidable circumstances, any party seeking Court intervention regarding a discovery dispute must do so (in accordance with the next section) at least 7 days prior to the discovery cutoff. Failure to seek Court intervention at least 7 days prior to the discovery cutoff may result in automatic denial of the relief requested.

Motion must be filed within 30 days; response within 5 business days; reply within 3 business days.

Source text: Pursuant to Local Rule 26.1(g), the motion shall be filed within thirty (30) days of from identified dates. The response shall be filed on or before the fifth business day following the date the motion was filed. The reply, if any, shall be filed on or before the third business day following the filing of the response. The time period for filing a response or reply will begin to run on, and shall include, the first business day following the filing of the motion or response. For example, if the motion is filed on a Monday, the response shall be filed by the following Monday. If the response is filed on a Friday, the reply shall be filed by the following Wednesday.

Discovery extension requests must be made 10 days before deadline; extensions won't affect other deadlines.

Source text: Any requests to extend the discovery deadline must be made at least ten (10) days before the expiration of the discovery deadline. Generally, the Court will not permit discovery past the discovery deadline, except on occasion at the convenience of the parties and without Court intervention in the resolution of any discovery disputes. Any such accommodation will not result in an extension of the remaining pre-trial deadlines i.e. deadline for filing motions, trial, etc.

Court will not modify other deadlines if parties modify deadlines by agreement.

Source text: 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.

Joint notice procedure cannot be used to extend deadlines to answer pleadings or respond to motions.

Source text: The parties may not utilize this procedure to extend the deadline to answer a pleading or to respond to a motion.

Failure to follow procedures may result in denial of motion without prejudice.

Source text: If any party fails to follow the procedures in this order, the Court may deny the motion without prejudice.

FRCP 6(d) does not apply to time calculations in this discovery order.

Source text: For the purposes of calculating time per this Court’s discovery Order, Federal Rule of Civil Procedure 6(d) does not apply. To the extent that the docket reflects a different time or date to respond or reply, the timeframes in this Order are controlling.

Motions for extensions of time will rarely be granted.

Source text: The Southern District of Florida is one of the busiest trial courts in the country. In order to resolve your case in a timely manner, please refrain from filing motions for extensions of time. Motions to Extend, Continue or Enlarge will rarely be granted.

Parties may stipulate to discovery extensions without motion, but cannot interfere with court deadlines without leave.

Source text: The parties may stipulate to extend the time to answer interrogatories, produce documents, and answer requests for admissions without the need to file a written motion or stipulation. However, no extension that interferes with the deadlines set forth above may be entered into without seeking leave of Court.

Pretrial deadlines before dispositive motions can be modified by joint notice without court order.

Source text: 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.

Parties may agree to extensions of interim discovery deadlines without court approval if they do not impact the discovery cutoff or scheduling order deadlines.

Source text: The parties may agree to extensions of interim discovery deadlines, such as responding to discovery requests, without Court involvement as long as such extensions do not impact the overall discovery cutoff deadline or other deadlines in the Scheduling Order.