Southern District of Florida Chambers Communication Rules

Letters requesting relief are prohibited unless invited or directed by the judge.

Source text: Local Rule 7.7 (entitled “correspondence to the Court”) prohibits an attorney from presenting to the Court a “letter or the like” which “request[s] relief in any form.” The rule has an exception: a letter or similar communication (such as an email note) may be submitted if the presiding judge “invite[s] or direct[s]” the attorney

Pro se litigants prohibited from emailing Chambers for relief or filing copies.

Source text: The pro se litigant shall not email Chambers requesting any form of relief, including emailing a copy of their filings in violation of both Local Rule 7.7 and Section 2C of the CM/ECF Administrative Procedures mentioned above.

Substantive matters must be submitted as motions on the docket, not by phone or email.

Source text: Any requests for relief or action by the Court must be submitted as a motion on the docket, unless otherwise permitted by the Federal and Local Rules. No substantive matters may be raised by phone or email with Chambers, unless expressly permitted by the Rules or a court order. Similarly, Parties are not permitted to call Chambers regarding any matters that can be ascertained from a review of the applicable rules or the docket.

Emails to Chambers must include docket number, case caption, and description in subject line, and copy all counsel unless ex parte.

Source text: Emails to Chambers, when permitted, shall state clearly in the subject line: (1) the docket number of the case, (2) the case caption, and (3) a brief description of the contents (e.g., 12-cv-34567, Jones v. Smith, Proposed Order"). All emails, unless relating to permissible ex parte matters under the rules, must copy all counsel and unrepresented parties.

Calls to Chambers require prior party consultation, opposing counsel on line, and specific information provided.

Source text: Unless expressly permitted by the Rules or a court order, or in case of an emergency, counsel must confer with all parties before calling Chambers. Only counsel of record may make calls to Chambers, and opposing counsel must be on the line for any calls. When calling chambers, counsel must provide (1) the docket number of the case, (2) the case caption, (3) their name and the party they represent, (4) whether opposing counsel has been consulted, and (5) a succinct and clear statement of the reason for their call.

Single email exchange does not satisfy good faith conferral requirement; parties must confer telephonically or in person.

Source text: Good Faith Conferral. For the purposes of compliance with the good faith conferral requirement of Local Rule 7.1(a)(3), the parties are instructed that a single e-mail exchange with opposing counsel shall not constitute a good faith effort under the Local Rules. The parties are instructed to confer either telephonically or in person.

Counsel must promptly notify court of settlement via phone or email and file stipulation.

Source text: Settlement Notification. If this matter is settled, counsel shall inform the Court promptly via telephone (305-523-5730) and/or e-mail (ruiz@flsd.uscourts.gov). In addition, counsel must promptly file a stipulation of settlement.

Discovery hearing requests must be sent via email to reinhart@flsd.uscourts.gov with specific subject line.

Source text: The moving party may request a discovery hearing by sending an email to reinhart@flsd.uscourts.gov. The subject line of the email shall be “Request for Discovery Hearing.”

Discovery hearing request email must include two available afternoons within 7 business days and estimated hearing time.

Source text: The email shall provide the Court with two afternoons in the following seven business days when all parties are available. The email shall state the amount of time that the parties anticipate needing for the hearing.

Discovery hearing request email must be copied to all counsel and certify that opposing counsel's availability has been confirmed.

Source text: The email shall be copied to all counsel, and shall certify that the moving party has conferred with opposing counsel and confirmed opposing counsel’s availability on the proposed

Chambers communications about discovery must be by email with all counsel copied; no arguments allowed.

Source text: All such communications with chambers regarding discovery matters must be by email, and all counsel of record must be copied on the email. No argument or background about the dispute is permitted by email.

Contact chambers by noon Friday to schedule discovery calendar; 30 minutes per side allowed.

Source text: 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.

Parties filing a joint motion for protective order must promptly send the proposed order to louis@flsd.uscourts.gov via email.

Source text: If the parties file a joint motion for entry of a protective order, the parties shall promptly send to louis@flsd.uscourts.gov the proposed protective order in Word format. See S.D. Fla. CM/ECF Admin. Proc. 3I(6).

Parties may not send materials to chambers via email for hearings on written discovery motions.

Source text: For example, if the Court decides to set a hearing on a written discovery motion, the parties are neither required nor permitted to send materials to my chambers via email.

Request for Informal Discovery Hearing must be sent via email to louis@flsd.uscourts.gov.

Source text: The movant shall send one (1) email, copying all parties, to louis@flsd.uscourts.gov. The subject line of the email shall include: “Request for Discovery Hearing.” The email shall provide the case number, case caption, the jointly proposed dates for the hearing, and the anticipated duration of the hearing. The email shall certify that the parties have conferred in a good faith attempt to resolve their dispute but have been unable to do so.

Each party must email relevant materials and proposed order to chambers by 12:00 PM two business days before Informal Discovery Hearing.

Source text: By no later than 12:00 P.M. two business days before the Informal Discovery Hearing, each party shall send an email to louis@flsd.uscourts.gov, attaching copies of all materials relevant to the discovery dispute(s) (“Source Materials”) and a proposed order setting forth the specific relief desired for each discovery request / category of discovery requests at issue.

Hearing requests must be submitted via email to Judge Reid’s Chambers.

Source text: The moving party must seek relief within fifteen (15) days after the occurrence of the grounds for relief by contacting Judge Reid’s Chambers by email and requesting a hearing.

Written judge authorization required for specific electronic device access.

Source text: A. A written request signed by a judge or other designated authority, forwarded to the United States Marshal for verification, allowing a specific person access to the courthouse with a specific electronic device for a specific purpose and period of time; or,

News reporters may bring devices with written agreement to use only text mode and no recording.

Source text: G. Upon application and approval, news reporters may bring into courthouses cellular phones, mobile electronic devices and laptops, and may utilize the wireless capabilities of those devices, as long as the news reporters agree in writing to use their electronic device inside the District's courtrooms only in text function mode consistent with this Order. Reporters also must agree in writing to not record or transmit in any way audio, still photography, or video from anywhere inside courthouses nor from inside courtrooms, and agree to not transmit a live feed of any of the aforementioned at any time. Nor may they create a verbatim record of any proceeding. They must acknowledge in writing that a knowing or willful violation of the agreement will result in contempt of court. The Clerk of Court shall keep the list of reporters who have signed such agreement and make that list

The Court will not accept telephone requests for immediate rulings on deposition conduct or objections during ongoing depositions.

Source text: The Court will not entertain telephone requests or other attempts to obtain immediate rulings on deposition conduct or objections while a deposition is ongoing. If a dispute arises during a deposition, the parties shall proceed with the deposition as they deem appropriate and may raise the issue with the Court through an appropriate post-deposition motion.

Settlement conference scheduled for March 29, 2018 at 2:00 PM in Courtroom No. 4074, Fort Pierce, Florida.

Source text: ORDERED AND ADJUDGED that the parties shall appear for the Settlement Conference before U. S. Magistrate Judge Maynard in Courtroom No. 4074 (the magistrate courtroom) on Thursday, March 29, 2018 at 2:00 PM at the United States District Courthouse, 101 South U. S. Highway 1, Courtroom No. 4074, Fort Pierce, Florida 34950.

Moving parties must email chambers within Local Rule 26.1(g)(2) timeframe to schedule discovery hearings, with specific subject line, date, and content requirements.

Source text: If after conferring the parties are unable to resolve their discovery dispute without Court intervention, the party seeking to enforce a discovery obligation or obtain protection from such an obligation (the “moving party”) shall set the matter for hearing as follows: The moving party must send an email to Judge Hernandez’s Chambers (Chambers_Hernandez@flsd.uscourts.gov) within the timeframe provided by Local Rule 26.1(g)(2), copying opposing counsel and providing at least three (3) dates within the next ten (10) days when all counsel are available for a hearing on the discovery issue. For each date provided, the moving party must indicate the availability of counsel as morning, afternoon, or all day. The email subject line should read “Request for Discovery Hearing on [Case Number and Case Name].” The email should not contain any argument or background concerning the discovery dispute.

Moving party must state requested additional time in email to Chambers for discovery hearing.

Source text: If the matter requires additional time, the moving party must state in the email to Chambers the amount of time requested.

Parties must email Chambers if all or some discovery disputes are resolved; file Notice of Cancellation if all resolved.

Source text: If the parties resolve all of the discovery disputes cited in the Notice of Hearing, the parties shall notify Judge Hernandez’s Chambers (Chambers_Hernandez@flsd.uscourts.gov) as soon as practicable and must file a Notice of Cancellation. If the parties resolve some, but not all, of the disputed discovery issues, the parties shall notify Chambers as soon as practicable via email of the specific discovery issues that no longer require Court intervention.

For agreed orders, do not file motion; email Chambers proposed order in Word format with agreement statement.

Source text: If the parties have agreed to the entry of an order, the parties shall not file a motion for entry of the order. Instead, counsel shall email Chambers a copy of the proposed order in Word format, with a statement that the parties have agreed to entry of the proposed order.

Pro se litigants must maintain current email address with the Court after filing consent.

Source text: If a pro se litigant files the consent form mentioned above, then he or she is responsible for maintaining a current email address with the Court.

Letters to Chambers are not accepted and will be uploaded to the docket if received.

Source text: For non-substantive matters, emails or calls to Chambers must comport with all Federal and Local rules and the practices and procedures set out here. Letters to Chambers will not be accepted. Any ex parte letters received will be uploaded to the docket.

Email demands same day are insufficient for conferral obligations.

Source text: cautions counsel that sending an email demanding a response or position on the same day is insufficient to satisfy the conferral obligations under this Local Rule. The Court expects all parties to engage in reasonable compromise to facilitate the resolution of discovery disputes.

Only relevant materials may be sent to chambers; send only Answers if they include original requests.

Source text: Do not send any materials that are not relevant to the noticed dispute(s). I do not require separate copies of “Interrogatories” and “Answers to Interrogatories” if the Answers contain the language of each interrogatory therein; please send only the Answers. The same is true with respect to Requests for Production and Responses to Requests for Production; just send the Responses.

Parties must confirm hearing availability with opposing counsel before finalizing with Chambers.

Source text: The Court will provide the telephoning party with available dates and times for a hearing. That party shall confer with opposing counsel to confirm availability and then contact Chambers again to finalize the hearing date and time.

Make multiple attempts to reach opposing counsel within 3 business days before finalizing hearing date.

Source text: The Court expects a party seeking to schedule a hearing to make multiple attempts to reach opposing counsel to confirm availability. However, should opposing counsel fail to respond to those attempts within three business days, the party may contact Chambers to finalize a hearing date and time that comports with the party's own availability.

Settlement must be reported promptly by phone or email.

Source text: If this matter is settled, counsel are directed to inform this Court promptly via telephone ((954) 769-5470) and/or email (hunt@flsd.uscourts.gov).

Contact Chambers at (305) 523-5720 to schedule discovery hearing.

Source text: The party seeking the discovery hearing shall contact Chambers at (305) 523-5720 to place the matter on the next available discovery calendar.

Pro se litigants may call Chambers to schedule discovery hearings.

Source text: If a pro se litigant has a discovery dispute, then he or she may call Chambers to schedule a discovery hearing per this Order.

If discovery dispute is resolved, contact Chambers and file CM/ECF notice to cancel hearing.

Source text: If those efforts are successful, then counsel should contact Chambers as soon as practicable to inform the Undersigned that the hearing will be timely cancelled. After contacting Chambers, the party who scheduled the hearing must file a notice on CM/ECF indicating that all issues were resolved and that the hearing is cancelled.

If partial resolution, contact Chambers and file CM/ECF notice of resolved issues before hearing.

Source text: Alternatively, if the parties resolve some, but not all, of their issues before the hearing, then counsel shall also timely contact Chambers and then also provide a pre-hearing written notice on CM/ECF (with as much lead time as possible) about those issues which are no longer in dispute (so that the Court and its staff do not unnecessarily work on matters no longer in dispute).

Calendar Call and Status Conference scheduled; non-evidentiary hearings via Zoom

Source text: 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.

Pro hac vice, substitution of counsel, and discovery motions referred to Magistrate Judge

Source text: 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.

Communication rules with chambers available on court website.

Source text: Rules regarding communication with Chambers are available for viewing at http://www.flsd.uscourts.gov / content / judge-robin-l-rosenberg.

All discovery matters referred to Magistrate Judge; parties may consent to trial by Magistrate Judge with specified deadline.

Source text: Referral to Magistrate Judge. Pursuant to 28 U.S.C. § 636 and this District’s Magistrate Judge Rules, all discovery matters are hereby referred to United States Magistrate Judge XXXX. Furthermore, in accordance with 28 U.S.C. § 636(c)(1), the parties may consent to trial and final disposition by the Magistrate Judge. The deadline for submitting a consent is XXXX.

Notify chambers via email to cancel discovery hearing if all issues resolved.

Source text: If the parties resolve all the disputed discovery issues, the parties shall notify chambers at Lett@flsd.uscourts.gov as soon as practicable and the discovery hearing will be cancelled.

Email chambers with specific resolved discovery issues if partial resolution.

Source text: If the parties resolve some, but not all, of the disputed discovery issues, the parties shall notify chambers as soon as practicable via email of the specific discovery issues that no longer require Court action.

Contact Chambers at (954) 769-5460 to schedule discovery hearings.

Source text: If, after conferring, the parties are unable to resolve a discovery dispute without Court intervention, then a party may seek a hearing by contacting Chambers at (954) 769-5460 to place the matter on the Court's calendar.

Federal courthouse employees with valid ID may bring electronic devices.

Source text: B. Any federal courthouse employee (United States Probation, Clerk's Office, Chambers Staff, and United States Marshals Service) with valid permanent government employee identification; or,

Federal prosecutors and defenders with valid ID may bring electronic devices.

Source text: C. Any attorney or employee of the United States Attorney's Office, the Federal Public Defender's Office or the United States Bankruptcy Trustee with a valid identification card issued from that office; or,

Law enforcement officers with valid ID may bring electronic devices.

Source text: D. Any Special Agent for the United States Government or other law enforcement officer authorized to enforce the law within the Southern District of Florida, having official business within the courthouse facility and possessing a valid agency/department issued identification badge; or,

Attorneys with valid Florida Bar ID or pro hac vice order may bring electronic devices.

Source text: E. Any attorney permitted to practice law within the Southern District of Florida with a valid Florida Bar identification card or pro hac vice order having business within the facility. This applies to attorneys only and precludes staff, investigators, clients, etc.; or,

Jurors and witnesses with subpoenas may bring phones and e-readers.

Source text: F. Prospective jurors and seated jurors and witnesses with subpoenas shall be permitted to bring in their cellular phones (with or without their integrated cameras) and electronic book readers of any kind, including but not limited to Kindles, Nooks, iPads, and any type of electronic tablet reading device; or,

First discovery hearings typically held via Zoom unless otherwise requested.

Source text: Unless a party requests otherwise, the Court typically will hold the first discovery hearing in a case via Zoom Video Teleconference.

Counsel must contact chambers via email (McCabe@flsd.us.courts.gov) to cancel or modify discovery hearing schedules if disputes are resolved.

Source text: If those efforts are successful, counsel should contact United States Magistrate Judge McCabe’s chambers (McCabe@flsd.us.courts.gov) as soon as practicable so that the hearing can be timely canceled. Alternatively, if the parties resolve some, but not all, of their issues before the hearing, counsel shall timely contact chambers to relay which issues are no longer in dispute.

Email communications are not evidence of conferral; counsel communications not evidence, but may be addressed orally at hearing.

Source text: does not recognize email communication as evidence of conferral, nor are counsel’s communications evidence for the Court’s consideration. Any communication between counsel that is relevant may be addressed orally during the hearing.