Southern District of Florida Document Filing Requirements

254 rules from official source documents

Required elements, certificates, and structural requirements for court documents.

CRITICALCivil cases

Applies to: Motion
Must include: proposed order

Immediately after filing a motion or application seeking relief without a hearing, the proposed order must be uploaded to CM/ECF; the motion will not be considered until then.

Immediately after filing the motion or application, upload the proposed order to CM/ECF. A motion or application seeking relief without a hearing will not be considered until a proposed order is uploaded.

Bankruptcy Mindy A. Mora

CRITICALCivil cases

Applies to: Order

Orders must include a service directive.

Include a service directive in the order and promptly serve the order upon entry.

Bankruptcy Mindy A. Mora

CRITICAL

Applies to: Joint scheduling report

The parties must jointly complete and file Attachment A with the joint scheduling report.

As part of the joint scheduling report, the parties shall jointly complete and file with the Court the Election to Jurisdiction by a United States Magistrate Judge for Final Disposition of Motions appended to this Order as Attachment A.

Judge Beth Bloom

CRITICALCivil cases

Applies to: Motion for default final judgment
Must include: proposed order

Motion for Default Final Judgment must be accompanied by SCRA affidavit (if applicable), proposed order, and proposed final judgment.

The Motion shall also be accompanied by (1) the necessary affidavit under the Servicemembers Civil Relief Act, 50 U.S.C. § 3931(b), if applicable; (2) a proposed order which details both the factual and legal basis for default; and (3) a proposed final judgment.

Judge Beth Bloom

CRITICALCivil cases

Applies to: Motion to determine joint several liability

Motion to Determine Joint and Several Liability on Default must describe allegations and advise court of other defendants' liability status.

The Motion to Determine Joint and Several Liability on Default must briefly describe the allegations and advise the Court of the status of the other Defendants’ liability.

Judge Beth Bloom

CRITICALCivil cases

Applies to: Motion for default final judgment

Motion for Default Final Judgment with multiple defendants must state no joint and several liability and basis for no inconsistent liability.

If there are multiple Defendants, Plaintiff must state in the Motion for Default Final Judgment that there is no joint and several liability and set forth the basis why there is no possibility of inconsistent liability.

Judge Beth Bloom

CRITICALCivil cases

Applies to: Discovery motion
Must include: certificate of conference

Counsel must include a certificate of conference certifying good faith efforts to resolve the discovery dispute.

Counsel must under this Local Rule certify that good faith efforts were made.

Judge Darrin P. Gayles

CRITICALCivil cases

Applies to: Motion
Must include: certificate of conference

All other relief requests must follow stated procedures and Local Rules.

Any other requests for relief must abide by the mentioned procedures and Local Rules.

Judge Darrin P. Gayles

CRITICALCivil cases

Applies to: Discovery objection
Must include: formulaic objection prohibited

The parties should avoid reciting a formulaic objection 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.

Judge Darrin P. Gayles

CRITICALCivil cases

Applies to: Notice of hearing
Must include: notice of electronic filing

File Notice of Hearing and serve opposing counsel via ECF on same day Chambers confirms discovery calendar placement.

On the same day that Chambers confirms that the matter is being placed on the discovery calendar, the party seeking the discovery hearing shall provide notice to all relevant parties by filing a Notice of Hearing and serving a copy on opposing counsel through the Court’s electronic docketing system.

Judge Darrin P. Gayles

CRITICALCivil cases

Applies to: Notice of hearing

Neither the Notice of Hearing nor the source materials should be used as a de facto strategy to submit a memorandum. For example, sending multi-page, rhetoric-filled letters to the Court or filing argument-riddled notices are specifically prohibited. The Court will strike letters, notices, and exhibits which are designed to circumvent the no motion/no memoranda policy.

Judge Darrin P. Gayles

CRITICALCivil cases

Applies to: Discovery objection
Must include: specific objection grounds

Boilerplate objections to discovery requests are prohibited; objections must state specific grounds.

The parties shall not make conclusory boilerplate objections. Such objections do not comply with Local Rule 26.1(e)(2)(A), which provides that, “[w]here an objection is made to any interrogatory or sub-part thereof or to any production request under Federal Rule of Civil Procedure 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 the Court will disregard such objections. A party objecting on these bases must explain the specific and particular ways in which a request is vague, overly broad, or unduly burdensome.

Judge Darrin P. Gayles

CRITICALCivil cases

Applies to: Privilege log

The Local Rule also requires the preparation of a privilege log except for “communications between a party and its

Judge Darrin P. Gayles

CRITICALCivil cases

Applies to: Motion
Must include: certificate of conference

Local Rule 7.1 requires certificate of conferral for motions, with sanctions for non-compliance.

Local Rule 7.1 requires the movant to confer with opposing counsel and to include a certificate of conferral, indicating that the conferral has occurred (or that it has not happened, and to explain why). Any request for relief that does not meet this criteria will be stricken. And any continued failure to adhere to this rule may result in sanctions.

Judge Darrin P. Gayles

CRITICALCivil cases

Applies to: Notice of authorities

Notice of authorities may list authorities with one-sentence summaries, no arguments.

In addition, the parties may submit a “notice of authorities,” which will list only the authorities, but which will not contain argument or be a disguised memorandum. At most, the list of authorities may contain a one-sentence, objective summary of the relevant holding of each case or authority. The Court will strike any non-compliant notice of authorities.

Judge Darrin P. Gayles

CRITICALCivil cases

Applies to: Privilege objection

Privilege objections must identify specific nature of privilege and details of communication.

Generalized objections asserting attorney-client privilege or the work product doctrine also do not comply with the Local Rules. S.D. Fla. L.R. 26.1(e)(2)(B) requires that objections based upon privilege identify the specific nature of the privilege being asserted, as well as identify details such as the nature and subject matter of the communication at issue, the sender and receiver of the communication and their relationship to each other.

Judge Darrin P. Gayles

CRITICALCivil cases

Applies to: Notice of hearing
Must include: certificate of conference

Hearing notice must include certificate of good faith per Local Rule 7.1(a)(3).

The party scheduling the hearing shall include in this Notice of Hearing a certificate of good faith that complies with Southern District of Florida Local Rule 7.1(a)(3). The Court will strike hearing notices which do not include a sufficient local rule certificate.

Judge Darrin P. Gayles

CRITICALCivil cases

Applies to: Objection to document request

Objections to document requests must state whether responsive materials are withheld and specify which parts are objected to.

Civil Procedure 34(b)(2)(C) now provides that an objection to a request for documents “must state whether any responsive materials are being withheld on the basis of that objection.” In addition, it also says that “an objection to part of a request must specify the part and permit inspection of the rest.” Therefore, counsel should specifically state whether the responding party is fully answering or responding to a request and, if not, specifically identify the categories of information that have been withheld on an objection-by-objection basis.

Judge Darrin P. Gayles

CRITICALCivil cases

Applies to: Motion
Must include: proposed order

A motion for default final judgment must include damages evidence and, when applicable, the SCRA affidavit, a supporting memorandum, a proposed order, and a proposed final judgment.

The Motion must include affidavits of any sum certain due by Defendant(s), and any other supporting documentation necessary to determine Plaintiff(s)’ measure of damages. The Motion shall also be accompanied by: (1) the necessary affidavit under the Servicemembers Civil Relief Act, 50 U.S.C. app. section 521(b), if applicable; (2) a memorandum of law supporting entitlement to final judgment; (3) a proposed order; and (4) a proposed final judgment.

Judge Jacqueline Becerra

CRITICALCivil cases

Applies to: Certificate of service
Must include: certificate of service

The certificate of service must state that notice was sent and list the address or addresses to which it was sent.

In the certificate of service, Plaintiff(s) shall indicate that notice was sent and list the address(es) where notice was sent.

Judge Jacqueline Becerra

CRITICALCivil cases

Applies to: Notice of joint liability

In multi-defendant cases involving joint and several liability allegations or possible inconsistent liability, plaintiffs must also file a notice of joint liability.

In multi-defendant cases, if there are no allegations of joint and several liability, and no possibility of inconsistent liability between Defendants, Plaintiff(s) shall file a motion for default final judgment as provided for above. However, if there a re allegations of joint and several liability, or the possibility of inconsistent liability between Defendants, Plaintiff(s) shall also file a notice of joint liability.

Judge Jacqueline Becerra

CRITICALCivil cases

Applies to: Notice of joint liability

The notice of joint liability must be filed with the motion and briefly describe the allegations and the status of the other defendants’ liability.

The notice of joint liability must be filed with the Motion for Default Final Judgment and shall briefly describe the allegations and advise the Court of the status of the other Defendant(s)’ liability.

Judge Jacqueline Becerra

CRITICALCivil cases

Applies to: Mediation
Must include: notice of mediation

Mediation is required per Local Rules and court deadlines.

Mediation is required in accordance with the Local Rules and the deadline set forth above.

Judge Jacqueline Becerra

CRITICALCivil cases

Applies to: Rebuttal expert disclosure

Rebuttal expert witness disclosures required one month before discovery deadline with detailed information per Rule 26(a)(2).

[counsel to input date that is one month prior to discovery deadline] Parties shall exchange a written list containing the names, addresses and summaries/reports of any rebuttal expert witnesses intended to be called at trial. Only those expert witnesses listed shall be permitted to testify. The summaries/reports shall include the information required by Fed. R. Civ. P. 26(a)(2): lists of the expert's qualifications to be offered at trial, publications and writings, style of case and name of court and judge in cases in which the expert has previously testified and the subject of that expert testimony, the substance of the facts and all opinions to which the expert is expected to testify, and a summary of the grounds for each opinion.

Judge Jacqueline Becerra

CRITICALCivil cases

Deadline: 2 days
Applies to: Mediation result
Must include: mediation outcome

Parties must notify court of mediation results within 2 days of conclusion.

The parties shall notify the Court of the results of the mediation (e.g., settled, impasse, or adjourned to continue discussions) within two days of the conclusion of the mediation.

Judge Jacqueline Becerra

CRITICALCivil cases

Applies to: Motion

Motions not compliant with Local Rules may be stricken or denied.

The filing of any motion, including motions for summary judgement, that are not in compliance with the Local Rules are subject to being stricken or denied.

Judge Jacqueline Becerra

CRITICALCivil cases

Deadline: 30 days
Applies to: Notice of mediation
Must include: mediator name, mediation date

Notice of Mediation must be filed at least 30 days before mediation.

The parties are required to file a Notice of Mediation with the name of the mediator and the date of the mediation at least thirty days before the mediation.

Judge Jacqueline Becerra

CRITICALCivil cases

Applies to: Expert disclosure

Initial expert witness disclosures required two months before discovery deadline with detailed information per Rule 26(a)(2).

[counsel to input date Parties shall exchange a written list that is two months prior containing the names, addresses and to discovery deadline] summaries/reports of any expert witnesses intended to be called at trial. Only those expert witnesses listed shall be permitted to testify. The summaries/reports shall include the information required by Fed. R. Civ. P. 26(a)(2): lists of the expert’s qualifications to be offered at trial, publications and writings, style of the case and name of court and judge in cases in which the expert has previously testified and the subject of that expert testimony, the substance of the facts and all opinions to which the expert is expected to testify, and a summary of the grounds for each opinion.

Judge Jacqueline Becerra

CRITICALCriminal cases

Applies to: Motion

Motions for additional sentencing hearing time must specify the amount of additional time needed and the reason for the request.

If any party requires more than 30 minutes, counsel for that party shall file, no later than 14 days prior to the hearing, a motion in which the moving party specifics how much time will be needed and why more time is necessary.

Judge Jose E. Martinez

CRITICALCriminal cases

Applies to: Notice

The Notice of resolved and remaining PSR objections must state which previous objections have been resolved and which remain pending.

counsel shall file a Notice stating which of the previously filed Objections, if any, have been resolved and which Objections, if any, remain to be resolved by the Court at the sentencing hearing.

Judge Jose E. Martinez

CRITICALCivil cases

Must include: proposed order

Proposed Orders........................................................................................................ 3

Judge Kathleen M. Williams

CRITICALCivil cases

Applies to: Deposition designation
Must include: objection deadline, counter designation deadline

Counter-designations and objections to deposition designations due January 8, 2021; late designations inadmissible without exigent circumstances.

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.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Jury 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.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Settlement notice
Must include: motion for dismissal, notice of settlement, stipulation for dismissal

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.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Initial disclosures
Must include: caption, judge name, case number

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).

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Expert witness list
Must include: names and addresses

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.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Rebuttal expert witness list
Must include: names and addresses

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.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Deposition designation
Must include: response to objection deadline, objection to counter designation deadline

Objections to counter-designations and responses to objections to designations due January 14, 2021.

January 14, 2021: Objections to counter-designations of deposition testimony and responses to objections to designations of deposition testimony shall be filed.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Deposition designation
Must include: response to objection to counter designation deadline

Responses to objections to counter-designations due January 17, 2021.

January 17, 2021: Responses to objections to counter-designations of deposition testimony shall be filed.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Pretrial stipulation
Must include: filing deadline

Pretrial stipulation, deposition designations, and Rule 26(a)(3) witness/exhibit lists due January 4, 2021.

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.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Trial preparation
Must include: notice of remaining issues deadline, joint deposition designation notebook deadline

Notice of remaining issues and joint deposition designation notebook due January 27, 2021.

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.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Trial preparation
Must include: joint statement deadline, joint trial plan deadline, notice of intent deadline +3 more

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.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Jury instructions
Must include: joint statement of case

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.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Jury instructions
Must include: pattern instructions

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.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Exhibit list
Must include: ao form 187

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.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Notice of telephonic appearance

Notice of telephonic appearance must be filed at least 1 day before hearing.

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.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Notice of remaining issues

Notice must include general category/nature of disputes and brief summary of factual/legal support.

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.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Notice of remaining issues
Must include: case number

Parties must file Notice of Remaining Issues within 2 business days of joint trial plan.

Two business days after the parties file their joint trial plan, the parties shall also file a Notice of Remaining Issues that Require Adjudication.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Motion to strike affirmative defenses
Must include: certificate section

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.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Deposition designation notebook
Must include: delivery to chambers

Deposition designation notebook must be delivered to Chambers by deadline for joint Notice of Remaining Issues.

First, the notebook must be delivered to Chambers by the deadline for the parties’ joint Notice of Remaining Issues that Require Adjudication.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Notice of intent to seek pretrial adjudication of deposition designations
Must include: joint creation

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.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Deposition designation notebook
Must include: full transcript

Deposition designation notebook must contain full transcript for each designated witness.

Second, the notebook (or notebooks) must contain the full deposition transcript for each designated witness.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Pretrial stipulation

Pretrial stipulation must conform to S.D. Fla. L.R. 16.1(e); unilateral stipulations will be struck.

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.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Deposition designation notebook
Must include: objection appendix

Objections must include appendix with detailed legal argument and opposing party's response.

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.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Pretrial stipulation

Pretrial stipulation must include exhibit list and witness list.

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.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Trial witness
Must include: on witness list

Witnesses not on list may not testify at trial without good cause and no prejudice.

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.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Trial exhibit
Must include: on exhibit list

Exhibits not on list may not be offered at trial without good cause and no prejudice.

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.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Mediation report
Must include: judge name

Mediator must file Mediation Report within 1 day of 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;

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Joint trial plan
Must include: testimony method, total time summation, witness descriptions +6 more

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.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Exhibit
Must include: digital copy on usb

USB flash drive with digital exhibits required at trial.

At trial, the parties shall deliver to the Court a USB flash drive that contains digital copies of the exhibits.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Motion for summary judgment
Must include: statement of material facts

LR 56.1 requires statement of material facts with summary judgment motions.

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

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Jury instructions

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.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Jury 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.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Expert discovery
Must include: completion deadline

Expert discovery must be completed by November 16, 2020.

November 16, 2020: All expert discovery shall be completed.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Deposition designation notebook
Must include: certification

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.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Mediation
Must include: completion deadline

Mediation must be completed by January 1, 2021.

January 1, 2021: Mediation must be completed.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Pretrial motion
Must include: filing deadline

All pretrial motions (summary judgment, Daubert, motions in limine) must be filed by December 1, 2020.

December 1, 2020: All Pretrial Motions, including summary judgment motions, Daubert motions, and motions in limine shall be filed. See sections 10-11.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Notice of remaining issues

Notice must identify areas requiring rulings: jury instructions, verdict forms, exhibits, deposition designations, and evidentiary objections.

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.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Settlement approval motion

a. Attach a copy of the settlement agreement.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Statement 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.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Statement of claim

The statement of claim must include fees and costs incurred to date, plus the requested hourly rate and hours expended by each timekeeper.

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.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Settlement approval motion

If the settlement agreement contains a confidentiality provision, the motion should explain why the parties believe it is warranted.

e. If the settlement agreement contains a confidentiality provision, explain why the parties believe such a provision is warranted.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Response to statement of claim

Within 14 days after service of the statement of claim, the Defendant must file a response and provide the Plaintiff with documents supporting its defenses.

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.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Settlement approval motion

A motion for settlement approval should state whether the agreement provides complete recovery of the wages claimed.

b. State whether the settlement agreement would result in a complete recovery of all wages that plaintiff(s) claimed to be owed.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Settlement approval motion

A motion for settlement approval should specifically explain the bona fide dispute and why the settlement is fair and reasonable under the stated factors.

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.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Settlement approval motion

If the settlement agreement provides for attorney’s fees, the motion should explain how the fees were calculated and why they are reasonable.

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.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Notice of compliance

The Defendant must file a notice of full compliance concurrently with its response and production of supporting defense documents.

Concurrently, the Defendant shall file a notice of full compliance with this Order.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Settlement approval motion

If the fees were calculated on an hourly basis, records of counsel’s time should be attached.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Notice of compliance

The Plaintiff must file a notice of full compliance on the date the statement of claim is due.

The Plaintiff shall, on that same date, additionally file a notice of full compliance with this Order.

Judge Robin L. Rosenberg

CRITICALCivil cases

Applies to: Jury instructions

Proposed jury instructions and verdict form must be submitted in Word format via email before Calendar Call with specific subject line format.

parties shall use as a guide the Eleventh Circuit Pattern Jury Instructions for Civil Cases, including the directions to counsel contained therein. The parties shall submit, in Word format via e-mail to ruiz@flsd.uscourts.gov, proposed jury instructions and verdict form, including substantive charges and defenses, prior to the Calendar Call. The email subject line must include the case number as follows: XX-CV-XXXX-RAR. For instructions on filing proposed documents, please see http://www.flsd.uscourts.gov.

Judge Rodolfo A. Ruiz II

CRITICALCivil cases

Applies to: Voir dire statement
Must include: judge name, case number

Counsel must prepare and file a concise, non-argumentative case statement for jury voir dire by calendar call.

Counsel shall meet and prepare a concise, non-argumentative statement of the case to be read to the jury in connection with voir dire. The statement shall be filed with the Court also at or before calendar call.

Judge Rodolfo A. Ruiz II

CRITICALCivil cases

Applies to: Motion in limine
Must include: local rule 7 1 a 3 certification

Motions in limine limited to one per party; require Local Rule 7.1(a)(3) certification.

XXXX. The parties shall submit a joint pre-trial stipulation, proposed jury instructions and verdict form, or proposed findings of fact and conclusions of law, as applicable, and shall file any motions in limine (other than Daubert motions). Each party is limited to filing one motion in limine, which may not, without leave of Court, exceed the page limits allowed by the Rules. The parties are reminded that motions in limine must contain the Local Rule 7.1(a)(3) certification.

Judge Rodolfo A. Ruiz II

CRITICALCivil cases

Applies to: Discovery objection

Discovery objections must state if responsive materials are being withheld.

Objections to Requests for Production must “state whether any responsive materials are being withheld on the basis of that objection.” Fed. R. Civ. P. 34(b)(2)(C). When a party asserts a discovery objection, the Court assumes that a Rule 26(g) compliant search has been conducted and that responsive materials exist.

Magistrate Judge Bruce E. Reinhart

CRITICALCivil cases

Applies to: Discovery objection

Sanctions imposed if party objects then claims no responsive documents exist.

If a party interposes an objection and later asserts that no responsive documents exist, the Court will impose sanctions.

Magistrate Judge Bruce E. Reinhart

CRITICALCivil cases

Applies to: Discovery objection
Must include: specific objections

Objections must specify whether overbroad means irrelevant or disproportionate.

An objection that a discovery request is “overbroad” is ambiguous. If the objecting party asserts that the request seeks materials that are not relevant, the objection should say so. Alternatively, if the objector asserts that the request seeks materials that are relevant but excessive or cumulative, the objection should state that the request is disproportionate.

Magistrate Judge Bruce E. Reinhart

CRITICALCivil cases

Applies to: Discovery objection

Boilerplate and general objections are prohibited and will be struck.

The parties shall not make nonspecific, boilerplate objections. See, e.g., S.D. Fla. L.R. 26.1(e)(2)(A) (“Where an objection is made to any interrogatory or subpart thereof or to any production request under Federal Rule of Civil Procedure 34, the objection shall state with specificity all grounds.”). The parties also shall not make general objections that are not tied to a particular discovery request. The Court will strike these general objections.

Magistrate Judge Bruce E. Reinhart

CRITICALCivil cases

Applies to: Privilege objection
Must include: privilege log

Generalized privilege objections must specify privilege type, communication details, and include privilege log or be deemed waived.

Generalized objections asserting attorney-client privilege or work product doctrine do not comply with the Local Rules. 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, inter alia, the nature and subject matter of the communication at issue and the identities of the parties to the communication. S.D. Fla. L.R. 26.1(e)(2)(B). Local Rule 26.1(e)(2)(C) requires a privilege log. S.D. Fla. L.R. 26.1(e)(2)(C). If a general objection of privilege is made without attaching a proper privilege log, the objection of privilege may be deemed waived.

Magistrate Judge Bruce E. Reinhart

CRITICALCivil cases

Applies to: Discovery objection
Must include: partial response

Must respond to undisputed portions of discovery requests despite objections.

The objecting party nevertheless shall respond as to those matters for which the scope or burden is not contested.

Magistrate Judge Bruce E. Reinhart

CRITICALCivil cases

Applies to: Discovery objection
Must include: conferral attempt

Must confer in good faith to narrow scope before asserting objections for irrelevant, disproportionate, or burdensome requests.

If a party believes a discovery request seeks irrelevant information, is disproportionate, or is unduly burdensome, that party shall confer in good faith with opposing counsel to narrow the scope of the request before asserting these objections.

Magistrate Judge Bruce E. Reinhart

CRITICALCivil cases

Applies to: Discovery objection
Must include: conferral attempt

Must seek clarification from opposing counsel before objecting on vagueness grounds.

If a party believes that a request or a term is vague, that party must first ask for clarification from opposing counsel prior to objecting on vagueness grounds.

Magistrate Judge Bruce E. Reinhart

CRITICALCivil cases

Applies to: Sanctions motion

Sanctions motions must be separate, state justifying rule/statute, and specify remedy.

Any request for sanctions (including fees or costs associated with discovery) must be by separate motion. Leave of court is not required prior to filing a sanctions motion. Any such motion must state the rule or statute that justifies sanctions and the specific remedy being requested.

Magistrate Judge Bruce E. Reinhart

CRITICALCivil cases

Applies to: Privilege objection

The production of non-privileged materials should not be delayed while a party is preparing a privilege log.

Magistrate Judge Bruce E. Reinhart

CRITICALCivil cases

Applies to: Discovery objection
Must include: vagueness definition

If the requesting party does not clarify the request, the responding party should unilaterally define the allegedly-vague term and respond accordingly. For example, “Defendant construes the term ‘___’ to mean ‘______.’ Consistent with that definition, Defendant is producing

Magistrate Judge Bruce E. Reinhart

CRITICALCivil cases

Applies to: Discovery objection
Must include: specific objections

Boilerplate objections of 'vague, overly broad, or unduly burdensome' will be stricken.

Objections that state that a discovery request is “vague, overly broad, or unduly burdensome” are, standing alone, meaningless, and will be stricken by the Court.

Magistrate Judge Bruce E. Reinhart

CRITICALCivil cases

Applies to: Discovery objection

If a party asserts that it would be too burdensome to search for responsive materials, the objection should make clear that no search has been conducted and explain why a search would be unduly burdensome.

Magistrate Judge Bruce E. Reinhart

CRITICALCivil cases

Applies to: Discovery motion
Must include: certificate of conference

Motion must include certificate of good faith conference per Local Rule 7.1(a)(3).

The movant shall include in the motion a certificate of good faith that complies with Local Rule 7.1(a)(3). See S.D. Fla. L.R. 7.1(a)(3).

Magistrate Judge Eduardo I. Sanchez

CRITICALCivil cases

Applies to: Discovery objection

Boilerplate or general objections are prohibited.

Magistrate Judge Eduardo I. Sanchez

CRITICALCivil cases

Applies to: Discovery objection
Must include: specific objection grounds

Boilerplate objections to discovery requests are prohibited; objections must state specific grounds.

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.

Magistrate Judge Edwin G. Torres

CRITICALCivil cases

Applies to: Privilege objection
Must include: subject matter, sender receiver, communication nature +2 more

Privilege objections must identify specific privilege type and communication details.

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.

Magistrate Judge Edwin G. Torres

CRITICALCivil cases

Applies to: Discovery objection
Must include: specific relevance explanation

Objections to discovery must include specific explanations for relevance challenges.

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.

Magistrate Judge Edwin G. Torres

CRITICALCivil cases

Applies to: Deposition scope objection
Must include: served not filed, timely before deposition

Scope objections to 30(b)(6) notices must be served (not filed) before deposition.

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).

Magistrate Judge Edwin G. Torres

CRITICALCivil cases

Applies to: Discovery objection
Must include: no formulaic objections

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.

Magistrate Judge Edwin G. Torres

CRITICALCivil cases

Applies to: Discovery objection
Must include: clear answer indication

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.

Magistrate Judge Edwin G. Torres

CRITICALCivil cases

Applies to: Initial disclosures
Must include: inception timing, rule 26a1 compliance

Rule 26(a)(1) required disclosures must be made at discovery inception.

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.

Magistrate Judge Edwin G. Torres

CRITICALCivil cases

Applies to: Disclosure dispute
Must include: conferral first, court involvement, timely resolution

Inadequate disclosures must be raised with Court after conferral.

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.

Magistrate Judge Edwin G. Torres

CRITICALCivil cases

Applies to: Deposition schedule
Must include: early depositions, no end period delay

Depositions must begin before the end of the discovery period.

Relatedly, the parties shall not wait until the end of the discovery period to begin taking any depositions.

Magistrate Judge Edwin G. Torres

CRITICALCivil cases

Applies to: Motion for hearing
Must include: certificate of conference

File Motion for Hearing on same day as calendar confirmation, including category and pre-filing status.

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.

Magistrate Judge Edwin G. Torres

CRITICALCivil cases

Applies to: Discovery request
Must include: specificity required, necessity demonstration, relevance demonstration +1 more

Requesting party must show relevance, necessity, and proportionality.

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.

Magistrate Judge Edwin G. Torres

CRITICALCivil cases

Applies to: Discovery response
Must include: clear production statement

Counsel shall include in the answer a clear statement that all responsive documents/information identified have in fact been produced/provided, or

Magistrate Judge Edwin G. Torres

CRITICALCivil cases

Applies to: Discovery objection
Must include: specificity required, objecting party burden, unreasonableness demonstration

Objecting party bears burden to show specificity why request is unreasonable.

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.

Magistrate Judge Edwin G. Torres

CRITICALCivil cases

Applies to: Discovery motion
Must include: certificate of conference

Discovery motions must include certificate of good faith efforts to resolve dispute.

The motion shall not exceed five (5) pages in length and must include a certificate of good faith that complies with Local Rule 7.1(a)(3) and specifically indicates the efforts that were made to resolve the dispute prior to filing the motion.

Magistrate Judge Ellen Frances D'Angelo

CRITICALCivil cases

Applies to: Discovery motion
Must include: local rule certificate

Non-compliant discovery motions will be stricken from the docket.

Failure to comply with these requirements will result in the motion being stricken from the docket.

Magistrate Judge Ellen Frances D'Angelo

CRITICALCivil cases

Applies to: Motion for discovery hearing
Must include: certificate of conference

Parties must confer in good faith and certify efforts before discovery hearing.

Before requesting a discovery hearing, the parties must first confer in a good- faith effort to resolve the dispute in compliance with Local Rule 7.1(a)(3). Under this Local Rule, counsel must certify that they made good-faith efforts to confer. An adequate certificate of conferral requires at least one personal communication (in

Magistrate Judge Enjoliqué A. Lett

CRITICALCivil cases

Applies to: Motion for discovery hearing
Must include: certificate of conference

As part of their conferral, the parties should specifically discuss each discovery request and objection at issue before seeking Court intervention. If counsel refuses to confer, then the party seeking the hearing shall state so and outline the efforts made to confer with opposing counsel in the Motion for Discovery Hearing, which is explained in paragraph three below.

Magistrate Judge Enjoliqué A. Lett

CRITICALCivil cases

Applies to: Discovery

The parties should take note that the Court strictly enforces Local Rule 26.1(d), which requires that all discovery, including resolution of discovery disputes, be fully completed prior to the expiration of the discovery cutoff.

Magistrate Judge Enjoliqué A. Lett

CRITICALCivil cases

Applies to: Joint motion
Must include: proposed order

File joint motion with proposed order and email Word version to chambers.

When the parties have stipulated to the entry of an agreed-upon discovery order, such as a standard confidentiality-type of protective order, the parties shall file a joint motion for entry of the stipulated order and attach a copy of the proposed stipulated order as Exhibit A. Immediately after the parties file the motion, the parties shall email a Word version of the proposed stipulated order to Lett@flsd.uscourts.gov.

Magistrate Judge Enjoliqué A. Lett

CRITICALCivil cases

Applies to: Discovery objection
Must include: specific explanation for relevance, specific explanation for proportionality

Relevance/proportionality objections must include specific explanations.

An objection based on relevance or proportionality must include a specific explanation describing why the requested discovery is not relevant and/or why the requested discovery is disproportionate in light of the factors listed in Rule 26(b)(1).

Magistrate Judge Enjoliqué A. Lett

CRITICALCivil cases

Applies to: Discovery objection

Conclusory and boilerplate objections are prohibited.

Parties shall not make conclusory, boilerplate objections. Blanket, unsupported objections that a discovery

Magistrate Judge Enjoliqué A. Lett

CRITICALCivil cases

Applies to: Discovery objection
Must include: specific explanation

Objections based on 'reasonably calculated to lead to admissible evidence' are meritless; must include specific explanation for relevance/proportionality objections.

Therefore, an objection that a discovery request is not reasonably calculated to lead to admissible evidence is based upon an outdated discovery standard. This Court will find such an objection, standing alone, to be meritless. An objection based on relevance or proportionality must include a specific explanation describing why the request lacks relevance and/or why the requested discovery is disproportionate in light of the factors listed in Rule 26(b)(1).

Magistrate Judge Jared M. Strauss

CRITICALCivil cases

Applies to: Discovery response
Must include: partial response

Parties must respond to undisputed portions of discovery requests even when objecting to other parts.

The objecting party nevertheless shall respond as to those matters for which the scope or burden is not contested. For example, if there is an objection based upon the scope of the request, such as time frame or geographic location, discovery should be provided as to the time period or locations that are not disputed.

Magistrate Judge Jared M. Strauss

CRITICALCivil cases

Applies to: Discovery objection
Must include: good faith conferral

Parties must confer in good faith to narrow scope before asserting objections for irrelevant, disproportionate, or unduly burdensome requests.

Magistrate Judge Jared M. Strauss

CRITICALCivil cases

Applies to: Stipulated order
Must include: joint motion, proposed order

Stipulated orders require joint motion and Word version emailed to judge.

When the parties have stipulated to the entry of an order, such as a stipulated confidentiality order, the parties shall file a joint motion for entry of the stipulated order (attaching a copy of the proposed stipulated order). Immediately after the motion is filed, the parties shall email a Word version of the proposed stipulated order to strauss@flsd.uscourts.gov.

Magistrate Judge Jared M. Strauss

CRITICALCivil cases

Applies to: Notice of discovery dispute

Discovery disputes must be filed as "Notice of Discovery Dispute" after good faith conferral, not as motions.

The moving party may request a discovery hearing – only after adequate good faith conferral regarding each and every issue – by filing a "Notice of Discovery Dispute" (not a motion). The notice shall briefly describe (in one or two sentences) the nature of the discovery dispute (e.g., the type of discovery at issue and the number of requests at issue), shall state the

Magistrate Judge Jared M. Strauss

CRITICALCivil cases

Applies to: Discovery objection
Must include: specificity

All discovery objections must be specific; generalized, vague, or boilerplate objections are not permitted and will not be sustained.

All objections to discovery requests must be specific. The parties shall not make generalized, vague, or boilerplate objections. Nonspecific objections do not comply with the Federal Rules of Civil Procedure or the Local Rules and will not be sustained by this Court. See Fed. R. Civ. P. 33(b)(4) ('The grounds for objecting to an interrogatory must be stated with specificity.'); Fed. R. Civ. P. 34(b)(2)(B) ('For each item or category, the response must either state that inspection and related activities will be permitted as requested or state with specificity the grounds for objecting to the request.').

Magistrate Judge Jared M. Strauss

CRITICALCivil cases

Applies to: Discovery objection
Must include: relevance explanation, proportionality explanation

If the objecting party asserts that the request seeks materials that are not relevant, the objection should say so and should explain why. Alternatively, if the objector asserts that the request seeks materials that are relevant but excessive or cumulative, the objection should state that the request is disproportionate and explain why.

Magistrate Judge Jared M. Strauss

CRITICALCivil cases

Applies to: Discovery objection
Must include: explanation

Objections stating 'vague, overbroad, or unduly burdensome' without explanation are meaningless and will be stricken.

Objections that state that a discovery request is “vague, overbroad, or unduly burdensome” are, standing alone, meaningless, and will be stricken by this Court. If a party believes that a request or a term is vague, that party shall attempt to obtain clarification from opposing counsel prior to objecting on vagueness grounds.

Magistrate Judge Jared M. Strauss

CRITICALCivil cases

Applies to: Discovery objection

Objections based on “not reasonably calculated to lead to admissible evidence” are outdated and invalid; discovery scope is relevance and proportionality, not admissibility.

An objection that a discovery request is “not reasonably calculated to lead to admissible evidence” is an outdated type of objection that relies on a prior version of the Federal Rules of Civil Procedure. This language no longer appears in the Federal Rules. The current version of Rule 26(b)(1) defines the scope of discovery as “any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case.” Information “need not be admissible in evidence” to be discoverable.

Magistrate Judge Lauren Fleischer Louis

CRITICALCivil cases

Applies to: Discovery objection

Non-specific, boilerplate objections to discovery requests are disregarded by the Court as meaningless.

An objection stating that a discovery request is vague, overly broad, unduly burdensome, irrelevant, or disproportionate without explaining which part of the request is objectionable and why is meaningless and disregarded by the Court. In other words, a non-specific, boilerplate objection is the equivalent of no objection at all.

Magistrate Judge Lauren Fleischer Louis

CRITICALCivil cases

Applies to: Discovery motion
Must include: certificate of conference

Under this Local Rule, counsel must certify that the parties made good faith efforts to resolve or narrow the dispute and identify the date(s) on which conferral occurred and the means of communication used. An adequate certificate of conference almost always requires at least one, if not more, live conversations between counsel. Live conversations may occur in-person or via telephone or video conference; email correspondence alone does not constitute sufficient conferral.

Magistrate Judge Lauren Fleischer Louis

CRITICALCivil cases

Applies to: Notice of hearing

The Notice of Hearing shall set forth, with specificity, the substance of the discovery matter to be heard. While the Notice of Hearing should not advance any argument, the Notice must be sufficiently detailed to provide the Court with advance notice of each dispute to be heard. Two or three complete sentences describing each dispute to be heard usually will be ideal.

Magistrate Judge Lauren Fleischer Louis

CRITICALCivil cases

Applies to: Proposed order
Must include: proposed order

Proposed order required to be sent with pre-hearing email for Informal Discovery Hearing.

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.

Magistrate Judge Lauren Fleischer Louis

CRITICALCivil cases

Applies to: Discovery objection

Parties are prohibited from making non-specific, boilerplate objections to discovery requests; grounds must be stated with specificity.

Parties shall not make non-specific, boilerplate objections. Such objections violate the Federal Rules of Civil Procedure and the Local Rules of this District. See Fed. R. Civ. P. 33(b)(4) (“The grounds for objecting to an interrogatory must be stated with specificity. Any ground not stated in a timely objection is waived unless the court, for good cause, excuses the failure.”); Fed. R. Civ. P. 34(b)(2)(B) (“For each item or category, the response must either state that inspection and related activities will be permitted as requested or state with specificity the grounds for objecting to the request, including the

Magistrate Judge Lauren Fleischer Louis

CRITICALCivil cases

Applies to: Discovery objection

Objections to discovery requests for vagueness/overbreadth/burden must explain specific ways; irrelevance/disproportionality objections must explain why; vagueness objections require prior clarification attempt.

a party who objects to a discovery request on the ground that the request is vague, overly broad, or unduly burdensome must explain—at the time the objection is first raised—the specific and particular ways in which the request is vague, overly broad, or unduly burdensome. If a party believes that a discovery request is vague, that party shall attempt to obtain clarification from opposing counsel before objecting on the ground of vagueness. An objection that a discovery request is irrelevant or disproportionate must include a specific explanation describing why the request lacks relevance or is disproportionate in consideration of the factors enumerated in Federal Rule of Civil Procedure 26(b)(1).

Magistrate Judge Lauren Fleischer Louis

CRITICALCivil cases

Applies to: Notice of hearing
Must include: local rule certificate, certificate of conference

Notice of Hearing must be filed after obtaining hearing date, include numerical list of discovery matters, certify Local Rule 7.1(a)(3) compliance, and contain no argument.

Once a hearing date is obtained from Judge Reid’s Chambers, the movant shall provide notice to all relevant parties by filing a Notice of Hearing. The Notice of Hearing shall include a numerical list specifying the substance of each discovery matter to be heard and include a certification that the parties have complied with the pre-filing conference required by Local Rule 7.1(a)(3). No argument should be made in the Notice of Hearing.

Magistrate Judge Lisette M. Reid

CRITICALCivil cases

Applies to: Email
Must include: local rule certificate, certificate of conference

Hearing request emails must copy opposing counsel, describe the dispute, confirm Local Rule 7.1(a)(3) conferral, and list three Wednesdays’ availability.

The requesting party must send an email to Reid@flsd.uscourts.gov in which they shall copy all opposing counsel, provide a brief description of the nature of the dispute, confirm that the parties have conferred or attempted to confer pursuant to Southern District of Florida Local Rule 7.1(a)(3), and provide all counsels’ availability for the following three Wednesdays.

Magistrate Judge Lisette M. Reid

CRITICALCivil cases

Applies to: Protective order

Protective orders shall be filed only when requested by Judge Reid.

protective order, shall be filed unless requested by Judge Reid.

Magistrate Judge Lisette M. Reid

CRITICALCivil cases

Applies to: Discovery response
Must include: specific objection reasons

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

Parties shall not make conclusory, boilerplate objections. Blanket, unsupported objections that a discovery request is “vague, overly broad, and unduly burdensome” are, by themselves, meaningless, and the Court will disregard them. A party objecting on these bases must explain the specific and particular way in which a request is vague, overly broad, or unduly burdensome.

Magistrate Judge Marty Fulgueira Elfenbein

CRITICALCivil cases

Applies to: Discovery response
Must include: clarification attempt

If a party believes that a request is vague, the party shall attempt to obtain clarification prior to objecting on this ground.

Magistrate Judge Marty Fulgueira Elfenbein

CRITICALCivil cases

Applies to: Discovery response
Must include: partial production

If there is an objection based on an overly broad scope, such as timeframe or geographic location, discovery should be provided as to those matters within the scope that are not disputed.

Magistrate Judge Marty Fulgueira Elfenbein

CRITICALCivil cases

Applies to: Discovery response
Must include: no notwithstanding objections

It has become common practice for a party to object and then state that “notwithstanding the above,” the party will respond to the discovery request subject to or without waiving such objection. Such an objection and answer preserves nothing and constitutes only a waste of effort and resources of both the parties and the Court.

Magistrate Judge Marty Fulgueira Elfenbein

CRITICALCivil cases

Applies to: Discovery response
Must include: privilege log required

Privilege objections without proper privilege log may be deemed waived.

If a general objection of privilege is made without attaching a proper privilege log, the objection of privilege may be deemed waived.

Magistrate Judge Marty Fulgueira Elfenbein

CRITICALCivil cases

Applies to: Discovery response
Must include: privilege objection specificity

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

Generalized objections asserting attorney-client privilege or work-product doctrine do not comply with Local Rule 26.1(e)(2)(B), which requires that objections based upon privilege identify the specific nature of the privilege being asserted, the nature and general subject matter of the communication at issue, the sender and receiver of the communication, and their relationship to each other, among other requirements.

Magistrate Judge Marty Fulgueira Elfenbein

CRITICALCivil cases

Applies to: Privilege claim
Must include: sworn evidence if necessary

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

Note that the party with the burden of persuasion on a privilege claim has the obligation to present to the Court sworn evidence, if necessary, to satisfy that burden.

Magistrate Judge Marty Fulgueira Elfenbein

CRITICALCivil cases

Applies to: Discovery response
Must include: timely nonprivileged production

Further, the production of nonprivileged materials should not be delayed while a party is preparing a privilege log.

Magistrate Judge Marty Fulgueira Elfenbein

CRITICALCivil cases

Applies to: Discovery response
Must include: withholding statement

Objections must state whether responsive materials are being withheld.

Rule 34(b)(2)(C) specifically requires an objection to state whether any responsive materials are being withheld. As a result, counsel shall include in the answer a clear statement that all responsive documents or information identified have, in fact, been produced or provided or otherwise describe the category of documents or information that has been withheld based on the objection.

Magistrate Judge Marty Fulgueira Elfenbein

CRITICALCivil cases

Applies to: Discovery motion
Must include: arguments in briefing

Arguments must be in briefing; cannot reference counsel communications.

The parties must make their arguments in the briefing itself and may not incorporate by reference or otherwise direct the Court to review communications between counsel (such as conferral letters or emails) to understand their arguments.

Magistrate Judge Panayotta Augustin-Birch

CRITICALCivil cases

Applies to: Discovery objection
Must include: specific objection grounds

Boilerplate and general objections are prohibited; objections must state specific grounds.

The parties shall not make nonspecific, boilerplate objections. See, e.g., S.D. Fla. L.R. 26.1(e)(2)(A) (“Where an objection is made to any interrogatory or subpart thereof or to any production request under Federal Rule of Civil Procedure 34, the objection shall state with specificity all grounds.”); Fed. R. Civ. P. 33(b)(4) and 34(b)(2)(B). The parties also shall not make general objections that are not tied to a particular discovery request. Such objections are meaningless and will be found meritless by this Court.

Magistrate Judge Panayotta Augustin-Birch

CRITICALCivil cases

Applies to: Discovery objection

Formulaic objections followed by answers are prohibited as they waste time and create uncertainty.

The parties shall not recite a formulaic objection 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 objection, the party will respond to the discovery request, subject to or without waiving the objection. This type of objection and answer preserves nothing and serves only to waste the time and resources of the parties and the Court. Furthermore, such practice leaves the requesting party uncertain as to whether the question has been fully answered.

Magistrate Judge Panayotta Augustin-Birch

CRITICALCivil cases

Applies to: Discovery objection
Must include: relevance explanation, disproportionate explanation, conferral before vagueness objection

Parties must confer with opposing counsel before objecting to vague requests and must explain relevance/disproportionate objections.

If a party believes that a request or a term is vague, that party shall attempt to obtain clarification from opposing counsel prior to objecting on the ground of vagueness. If a party asserts that a request seeks irrelevant material, the objection shall say so and explain why. If a party asserts that a request seeks material that is relevant but excessive or cumulative, the objection shall state that the request is disproportionate and explain why.

Magistrate Judge Panayotta Augustin-Birch

CRITICALCivil cases

Applies to: Discovery objection
Must include: privilege log, compliance with local rule 26 1 e 2

Generalized privilege objections are prohibited; parties must follow Local Rule 26.1(e)(2) and prepare privilege logs.

Generalized objections asserting attorney-client privilege or work-product doctrine do not comply with the Local Rules. The parties are instructed to carefully review and comply with Local Rule 26.1(e)(2) when asserting a privilege. If a party fails to prepare a privilege log when required, the Court may deem an objection based on privilege waived.

Magistrate Judge Panayotta Augustin-Birch

CRITICALCivil cases

Applies to: Discovery objection
Must include: supporting evidence, specific explanation

Vague, overly broad, or unduly burdensome objections must include specific explanations and supporting evidence.

Objections stating that a discovery request is vague, overly broad, or unduly burdensome are, standing alone, meaningless and will be found meritless by this Court. A party objecting on these grounds shall specifically explain the particular way in which the request is vague, overly broad, or unduly burdensome. In addition, claims of undue burden shall be supported by a statement (generally an affidavit) with specific information demonstrating how the request is unduly burdensome.

Magistrate Judge Panayotta Augustin-Birch

CRITICALCivil cases

Applies to: Jury instructions

Jury instructions must be jointly submitted in Word format with specific formatting and citations.

If this case will proceed by jury trial, the parties shall submit their proposed jury instructions and verdict form jointly, although they need not agree on each proposed instruction. Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions proposed only by Plaintiff shall be underlined. Instructions proposed only by Defendant shall be italicized. Every instruction must be supported by citation to authority. The parties shall use as a guide the Eleventh Circuit Pattern Jury Instruction for Civil Cases, including the directions to counsel contained therein. Proposed jury instructions and verdict form, in typed form, including substantive charges and defenses, shall be submitted to this Court in Microsoft Word format via e-mail to: hunt@flsd.uscourts.gov. Instructions for filing proposed documents may be viewed at: http://www.flsd.uscourts.gov.

Magistrate Judge Patrick M. Hunt

CRITICALCivil cases

Applies to: Deposition designation

Deposition designations must be filed 14 days before joint pretrial deadline.

Any party intending to use deposition testimony as substantive evidence must designate by line and page reference those portions in writing. The designations must be served on opposing counsel and filed with the Court fourteen days before the deadline to file the joint pretrial stipulation. The adverse party must serve and file any days to serve and file objections to the cross-designations.

Magistrate Judge Patrick M. Hunt

CRITICALCivil cases

Applies to: Trial exhibit

Trial exhibits must be pre-marked with P or D prefixes and listed at trial start.

All trial exhibits must be pre-marked. Plaintiffs’ exhibits must be marked numerically with the letter “P” as a prefix. Defendants’ exhibits must be marked alphabetically with the letter “D” as a prefix. A list setting out all exhibits must be submitted at the beginning of trial. This list must indicate the pre-marked identification label (e.g., P-1 or D-1) and must also include a brief description of the exhibit.

Magistrate Judge Patrick M. Hunt

CRITICALCivil cases

Applies to: Discovery response
Must include: partial production

If there is an objection based upon an unduly broad scope, such as timeframe or geographic location, discovery should be provided as to those matters within the scope that is not disputed.

Magistrate Judge Patrick M. Hunt

CRITICALCivil cases

Applies to: Discovery response
Must include: specific explanation

Objections based solely on vague, overly broad, or unduly burdensome grounds are meritless.

Objections that state that a discovery request is Avague, overly broad, or unduly burdensome@ are, standing alone, meaningless and will be found meritless by this Court.

Magistrate Judge Patrick M. Hunt

CRITICALCivil cases

Applies to: Discovery response
Must include: specific objections

All discovery objections must be specific and cannot be generalized, vague, or boilerplate.

All objections to discovery requests must be specific. The parties shall not make generalized, vague, or boilerplate objections. Nonspecific objections do not comply with the Federal Rules of Civil Procedure or the Local Rules and will not be sustained by this Court. See Fed. R. Civ. P. 33(b)(4) (“The grounds for objecting to an interrogatory must be stated with specificity.”); Fed. R. Civ. P. 34(b)(2)(B) (“For each item or category, the response must either state that inspection and related activities will be permitted as requested or state an objection to the request, including the reasons.” (emphasis added)); S.D. Fla. L.R. 26.1(g)

Magistrate Judge Patrick M. Hunt

CRITICALCivil cases

Applies to: Discovery response
Must include: specific explanation

Relevance objections must include specific explanation of why request lacks relevance or is not reasonably calculated to lead to admissible evidence.

an objection that a discovery request is irrelevant and/or not reasonably calculated to lead to admissible evidence must include a specific explanation describing why the request lacks relevance and/or why the information sought is not reasonably calculated to lead to admissible evidence.

Magistrate Judge Patrick M. Hunt

CRITICALCivil cases

Applies to: Discovery motion
Must include: certificate of good faith

Discovery motions must include certificate of good faith per S.D. Fla. L.R. 7.1(a)(3).

The movant shall include in the motion a certificate of good faith that complies with S.D. Fla. L.R. 7.1(a)(3) and that specifically indicates the efforts that were made to resolve the dispute prior to filing the motion.

Magistrate Judge Patrick M. Hunt

CRITICALCivil cases

Applies to: Motion
Must include: local rule certificate

Court may decline to consider any filing that does not comply with this order.

THIS COURT MAY DECLINE TO CONSIDER ANY FILING THAT DOES NOT COMPLY WITH THIS ORDER.

Magistrate Judge Patrick M. Hunt

CRITICALCivil cases

Applies to: Discovery response
Must include: specific explanation

Objections based on vague, overly broad, or unduly burdensome grounds must explain the specific reasons.

a party objecting on these grounds must explain the specific and particular way in which a request is vague, overly broad, or unduly burdensome.

Magistrate Judge Patrick M. Hunt

CRITICALCivil cases

Applies to: Discovery motion

Discovery motions must include as exhibits all relevant materials (e.g., discovery demands, responses) described per CM/ECF Rule 3L(2).

The moving party MUST attach as exhibits any materials relevant to the discovery dispute (e.g., discovery demands and discovery responses), and shall describe the attachment pursuant to the Court’s CM/ECF procedures, Rule 3L(2).

Magistrate Judge Ryon M. McCabe

CRITICALCivil cases

Applies to: Privilege objection

Privilege objections must identify the specific privilege nature, communication details, and sender/receiver relationships per Local Rule 26.1(e)(2)(B).

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, inter alia, the nature and subject matter of the communication at issue and the sender and receiver of the communication and their relationship to each other.

Magistrate Judge Ryon M. McCabe

CRITICALCivil cases

Applies to: Privilege objection

General privilege objections lacking a proper privilege log may be deemed waived.

If a party raises a general objection of privilege without attaching a proper privilege log, the objection of privilege may be deemed waived.

Magistrate Judge Ryon M. McCabe

CRITICALCivil cases

Applies to: Discovery motion
Must include: local rule certificate, certificate of conference

The movant shall include in the motion a certificate of good faith that complies with Local Rule 7.1(a)(3). See S.D. Fla. L.R. 7.1(a)(3).

Magistrate Judge Ryon M. McCabe

CRITICALCivil cases

Applies to: Discovery motion

Discovery motions must cite the best supporting legal authority.

The motion must also cite to the best supporting legal authority.

Magistrate Judge Ryon M. McCabe

CRITICALCivil cases

Applies to: Settlement conference

Parties with settlement authority must personally attend; phone participation is not acceptable.

Parties with full and complete settlement authority are required to personally attend the conference. An insured party shall appear by a representative of the insurer who is authorized to negotiate and commit to a binding settlement agreement. An uninsured corporate party shall appear by a representative authorized to negotiate and commit to a binding settlement agreement. Having a client with authority available by telephone is NOT an acceptable alternative.

Magistrate Judge Shaniek Mills Maynard

CRITICALCivil cases

Applies to: Settlement memorandum

Parties must submit confidential settlement memoranda via email to chambers, not to be docketed.

To prepare for the Settlement Conference, the Plaintiff and the Defendant each shall submit to this Court a Memorandum setting forth its position. The parties shall send their respective Memoranda directly to the undersigned’s Chambers by emailing them to: maynard@flsd.uscourts.gov. Given their confidential content, the Memoranda shall indicate clearly that they are NOT to be docketed in the case docket.

Magistrate Judge Shaniek Mills Maynard

CRITICALCivil cases

Applies to: Pre settlement conference memorandum

Pre-settlement conference memoranda must be emailed to chambers by March 28, 2018 at 10:00 AM.

Based upon the foregoing, it is hereby, ORDERED AND ADJUDGED that the parties shall email their pre-Settlement Conference Memoranda to Chambers by Wednesday, March 28, 2018 at 10:00 AM.

Magistrate Judge Shaniek Mills Maynard

CRITICALCivil cases

Applies to: Discovery motion
Must include: exhibits

Moving party must attach relevant discovery materials as exhibits.

The moving party MUST attach as exhibits any materials relevant to the discovery dispute (e.g., discovery demands, discovery responses, and privilege logs).

Magistrate Judge William Matthewman

CRITICALCivil cases

Applies to: Discovery motion
Must include: certificate of conference

Certificate of Conferral required at end of motion above signature block.

“[a]t the end of the motion, and above the signature block,” counsel must include a Certificate of Conferral or its functional equivalent, indicating compliance with Local Rule 7.1(a)(3) and paragraph 1, supra.

Magistrate Judge William Matthewman

CRITICALCivil cases

Applies to: Notice of hearing

No additional materials after Notice of Hearing is filed; amendments require emailing Chambers for leave.

No additional materials may be submitted after the Notice of Hearing has been filed. If the parties need to amend the Notice of Hearing for any reason, they must email Chambers requesting leave of the Court to do so.

Magistrate Judge Yeney Hernandez

CRITICALCivil cases

Must include: certificate of conference

Counsel must include a certificate of good faith meet and confer efforts complying with Local Rule 7.1(a)(3) when seeking court intervention for discovery disputes.

Counsel must certify that they engaged in such good faith efforts in attempting to resolve the dispute in compliance with Local Rule 7.1(a)(3).

Magistrate Judge Yeney Hernandez

CRITICALCivil cases

Applies to: Notice of hearing

Notice of Hearing must not include any legal argument, only frame issues and explain dispute.

The Notice shall not include any argument; the purpose of the Notice is merely to frame the specific discovery issues to be heard by the Court during the hearing and succinctly explain the dispute.

Magistrate Judge Yeney Hernandez

CRITICALCivil cases

Applies to: Notice of hearing
Must include: proposed order

Notice of Hearing must include Exhibits A (proposed order), B (source materials), C (citations list and copies of authorities).

The parties must attach the following exhibits to the Notice: (A) A short, proposed order setting forth the specific relief requested; (B) A copy of all source materials relevant to the discovery dispute (e.g., if the dispute concerns interrogatories, the interrogatories at issue and accompanying responses); (C) A list of citations for any legal authorities upon which the parties intend to rely at the hearing, as well as a copy of those authorities.

Magistrate Judge Yeney Hernandez

CRITICALCivil cases

Applies to: Notice of hearing
Must include: certificate of conference

Notice of Hearing must include a certificate of conferral complying with Local Rule 7.1(a)(3).

The Notice of Hearing shall include a certificate of conferral that fully complies with Local Rule 7.1(a)(3).

Magistrate Judge Yeney Hernandez

CRITICALCivil cases

Applies to: Exhibit c

Exhibit C (citations list) must not contain legal argument; highlighting and parentheticals allowed.

Exhibit C shall not contain any legal argument, but the parties may highlight relevant passages of the relied-upon legal authorities and provide parentheticals in the list of citations.

Magistrate Judge Yeney Hernandez

CRITICALCivil cases

Applies to: Motion
Must include: certificate of conference

Moving party must include opposing parties' positions and detail conference efforts for all motions.

In accordance with Local Rule 7.1.a.3, the moving party must include the position of opposing parties on all appropriate motions. Please indicate with specificity the manner in which reasonable efforts were initiated (via facsimile, e-mail or voice- mail), the dates of such efforts, and the number of times an inquiry and follow up on the response to the inquiry was sought. Failure to comply with Local Rule 7.1.a.3 will likely result in denial of the requested relief.

Senior Judge Donald L. Graham

CRITICALCivil cases

Applies to: Motion

For all motions requesting extensions of time, the moving party should type on the middle right hand side of the pleading, the deadline for filing motions, the date of the pretrial conference, calendar call and trial period, if applicable. Also, advise the number of times requests for extensions of time have been filed and whether the motion has been referred to the Magistrate Judge.

Senior Judge Donald L. Graham

CRITICALCivil cases

Applies to: Motion
Must include: proposed order

Proposed order required with all motions, sent via email in WordPerfect or Word format.

Include a proposed order with all motions in accordance with the CM/ECF Administrative Procedures. The proposed document should be sent separately by e-mail in WordPerfect or Word format. The e- mail subject line and the name of the attachment should include the case number, docket entry number, followed by a short description of the attachment (e.g., xx-CV-xxxxx Order on DE xx) to graham@flsd.uscourts.gov.

Senior Judge Donald L. Graham

CRITICALCivil cases

Applies to: Joint discovery plan

Joint discovery plan and conference report due within 14 days of meet and confer.

Within 14 days of the parties' discovery and scheduling conference, the parties must file a joint discovery plan and conference report, as set forth in Federal Rule of Civil Procedure 26(f)(3) and Local Rule 16.1(b)(2).

Senior Judge Robert N. Scola, Jr.

CRITICALCivil cases

Applies to: Joint discovery plan
Must include: discovery timeline, case track indication

Joint proposed scheduling order not required; parties must indicate case track and discovery timeline in joint plan.

The parties do not need to submit a joint proposed scheduling order pursuant to Local Rule 16.1(b)(3). Instead, the parties must inform the Court, in their discovery plan and conference report, which case track they believe this case should be assigned pursuant to Local Rule 16.1(a) and the proposed time limit to complete discovery.

Senior Judge Robert N. Scola, Jr.

CRITICALCivil cases

Applies to: Proposed order

The proposed order scheduling mediation must identify the mediator and the mediation’s date, time, and location, consistent with the Order of Referral to Mediation.

Deadline to file Proposed Order Scheduling Mediation, setting forth the name of the mediator, and the date, time, and location of the mediation, consistent with the Order of Referral to Mediation (which immediately follows this scheduling order).

Senior Judge Robert N. Scola, Jr.

CRITICALCivil cases

Applies to: Trial exhibits

All trial exhibits must be marked before trial.

All trial exhibits must be pre-marked.

Senior Judge Robert N. Scola, Jr.

CRITICALCivil cases

Applies to: Interim joint status report

The parties must submit an interim joint status report addressing service, defendants’ responses, class certification if applicable, mediation, settlement negotiations, and discovery status.

2. Interim Joint Status Report. The parties are required to submit an interim joint status report addressing the following issues: a) Have all defendants been served? If not, state the reasons. b) Have all defendants responded to the complaint? If not, state the reasons. c) If this is a class action, has a motion for class certification been filed? If so, what is its status? d) Have the parties agreed on and selected a mediator? Have the parties agreed upon a place, date, and time for mediation? e) Have the parties engaged in informal settlement negotiations? If not, explain the reasons for the failure to do so. If yes, state the status of such negotiations (e.g., ongoing, impasse, etc.) and the relative prospects for resolution through informal means. f) Describe the status of discovery conducted to date, and identify whether the parties reasonably believe that they will be able to complete discovery by the Court’s deadline. If not, explain the reasons.

Senior Judge Robert N. Scola, Jr.

CRITICALCivil cases

Applies to: Motion
Must include: certificate of conference

Motions in limine and Daubert motions must include the Local Rule 7.1(a)(3) pre-filing conference and certification.

The parties are reminded that motions in limine and Daubert motions must contain the Local Rule 7.1(a)(3) pre-filing conference and certification.

Senior Judge Robert N. Scola, Jr.

CRITICALCivil cases

Applies to: Jury instructions

The parties must submit proposed jury instructions jointly, even if they do not agree on every instruction.

The parties must submit their proposed jury instructions jointly, though they need not agree on each proposed instruction.

Senior Judge Robert N. Scola, Jr.

CRITICALCivil cases

Applies to: Jury instructions

Every proposed jury instruction must include a supporting citation of authority.

Every instruction must be supported by a citation of authority.

Senior Judge Robert N. Scola, Jr.

CRITICALCivil cases

Applies to: Trial exhibit list

At trial, the parties must submit a list of all exhibits showing each pre-marked label and a brief description.

A list setting out all exhibits must be submitted at the time of trial. This list must indicate the pre-marked identification label (e.g., P-1, or D-A) and must also include a brief description of the exhibit.

Senior Judge Robert N. Scola, Jr.

CRITICALCivil cases

Applies to: Deposition designations

A party intending to use deposition testimony as substantive evidence must provide written designations by line and page reference.

Any party intending to use deposition testimony as substantive evidence must designate by line and page reference those portions in writing.

Senior Judge Robert N. Scola, Jr.

CRITICALCivil cases

Applies to: Order scheduling mediation

Lead counsel must submit the completed Order Scheduling Mediation form to the Court.

Lead counsel must complete the attached form Order Scheduling Mediation and submit it to the Court.

Senior Judge Robert N. Scola, Jr.

CRITICALCivil cases

Applies to: Proposed order

The parties must agree on the mediation details, and lead counsel must submit the proposed scheduling order by the Scheduling Order deadline.

The parties must agree on a place, date, and time for mediation and lead counsel must submit the proposed order scheduling mediation, no later than the deadline set forth in the Scheduling Order.

Senior Judge Robert N. Scola, Jr.

CRITICALCivil cases

Applies to: Mediation summary

Each party must provide the mediator with a confidential written case summary identifying issues to be resolved at least 14 days before mediation.

At least 14 days prior to the mediation date, each party must present to the mediator a confidential brief written summary of the case identifying issues to be resolved.

Senior Judge Robert N. Scola, Jr.

CRITICALCivil cases

Applies to: Mediation report

The Mediation Report must state whether the case settled in whole or in part, was adjourned, or reached an impasse.

The report must also indicate whether the case settled (in full or in part), was adjourned, or whether the mediator declared an impasse.

Senior Judge Robert N. Scola, Jr.

WARNINGCivil cases

Applies to: Agreed order

Agreed orders resolving a matter set for hearing must include a decretal paragraph cancelling the hearing and the words 'AND CANCELLING HEARING' in the title.

If the agreed order resolves a matter set for hearing, include two things: o A decretal paragraph identifying the date and time of the hearing and cancelling the hearing, and o The words “AND CANCELLING HEARING” in the title to alert the docketing clerk to the cancellation.

Bankruptcy Mindy A. Mora

WARNINGCivil cases

Applies to: Stay relief order

In rem stay relief orders must state precisely what the creditor may do with the property; general statements are insufficient.

State precisely what the creditor can do with the property as a result of entry of the order. ... General statements such as "Movant may enforce its rights" are insufficient.

Bankruptcy Mindy A. Mora

WARNINGCivil cases

Applies to: Agreed order

Agreed orders must reflect agreement either via an agreed motion or a representation in the order text; 'Agreed' in the title alone is insufficient.

The record must reflect that the matter is agreed. This can happen in two ways: o Via submission of an agreed motion. o By a representation in the text of the order clarifying that since the filing of the motion, the parties have subsequently agreed to entry of an order. ▪ Use of the word “Agreed” in the title alone is insufficient.

Bankruptcy Mindy A. Mora

WARNINGCivil cases

Applies to: Amended order

Amended orders must include a footnote after the word 'Amended' describing the nature of the amendment.

Include a footnote after the word “Amended” describing the nature of the amendment.

Bankruptcy Mindy A. Mora

WARNINGCivil cases

Applies to: Stay relief order

In rem stay relief orders must specifically define the property (legal description for real property, VIN for vehicles, precise description for other personal property).

Specifically define the property. For real property, use a legal description. For vehicles, use the VIN. For other personal property, define the property as precisely as possible.

Bankruptcy Mindy A. Mora

WARNINGCivil cases

Applies to: Stay relief order

In personam stay relief orders must specifically define the suit that may proceed, including the court where the matter is heard.

Specifically define the suit that may proceed as a result of the order, including the court in which the matter is being heard.

Bankruptcy Mindy A. Mora

WARNINGCivil cases

Applies to: Stay relief order

In rem stay relief orders must include a statement clarifying that relief is restricted to rights against property only, not the debtor personally.

In rem relief: o The most common form of stay relief granted by the Court is in rem relief, which is restricted to an assertion of rights against property only rather than the debtor personally. Include a statement clarifying this distinction.

Bankruptcy Mindy A. Mora

WARNINGCivil cases

Applies to: Discovery objection

Parties must not make boilerplate discovery objections; objections must state all grounds with specificity and explain how a request is vague, overly broad, or unduly burdensome.

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.

Judge Darrin P. Gayles

WARNINGCivil cases

Applies to: Discovery response

Parties should avoid reciting a formulaic objection 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. Civil Discovery Standards, 2004 A.B.A. Sec. Lit. 18. Counsel shall include in the answer a clear statement that all responsive documents/information identified have in fact been produced/provided, or otherwise describe the

Judge Darrin P. Gayles

WARNINGCivil cases

Applies to: Discovery objection

Objections that a discovery request is irrelevant or not reasonably calculated to lead to admissible evidence must include a specific explanation of why the request lacks relevance.

Judge Darrin P. Gayles

WARNINGCivil cases

Applies to: Discovery motion
Must include: certificate of conference

Court may impose sanctions for improper discovery, bad faith withholding, or failure to confer in good faith.

The Court may impose sanctions, monetary or otherwise, if it determines discovery is being improperly sought, is being withheld in bad faith, or if a party fails to confer in good faith.

Judge Darrin P. Gayles

WARNINGCivil cases

Applies to: Source materials

Source materials must be actual discovery documents, not memoranda or letters.

Source material is the actual discovery at issue. Source material is not memoranda or letters to the Court which are, for all intents and purposes, a mini-brief.

Judge Darrin P. Gayles

WARNINGCivil cases

Applies to: Discovery motion
Must include: certificate of conference

Parties must engage in reasonable compromise; sanctions may be imposed for bad faith.

The Court expects all parties to engage in reasonable compromise to facilitate the resolution of their discovery disputes. The Court may impose sanctions, monetary or otherwise, if the Court determines discovery is being improperly sought or is being withheld in bad faith.

Judge Darrin P. Gayles

WARNINGCivil cases

Applies to: Discovery motion
Must include: fr cp 37a5 awareness

Court will award expenses and fees under FRCP 37(a)(5) unless exceptions apply.

The Court reminds the parties and counsel that Federal Rule of Civil Procedure 37(a)(5) requires the Court to award expenses, including fees, unless an exception (such

Judge Darrin P. Gayles

WARNINGCivil cases

Applies to: Discovery objection
Must include: outdated objection prohibited

Objections based on irrelevance or not reasonably calculated to lead to admissible evidence are outdated.

An objection that a discovery request is irrelevant or “not reasonably calculated to lead to admissible evidence” is an outdated type of objection, as that language no longer defines the scope of discovery under Federal Rule of Civil Procedure 26(b)(1).

Judge Darrin P. Gayles

WARNINGCivil cases

Applies to: Consent form
Must include: pro se litigant information

Pro se litigants must file consent form to receive electronic notices; paper copies will then cease.

Pro se litigants interested in receiving notices must file the form “Consent by Pro Se Litigants (Non-Prisoner) to Receive Notice of Electronic Filing” which can be found on the Court’s website (http://www.flsd.uscourts.gov/forms/consent-pro-se-litigant-non-prisoner-receive-nefs). After filing the consent, pro se litigants will receive case orders, notices and other documents filed via email. Paper copies of filings will then no longer be sent by the Court or opposing counsel in that particular case.

Judge Darrin P. Gayles

WARNINGCivil cases

Applies to: Email

Emails submitting proposed orders and proposed final judgments must include the case number in the specified subject-line format.

The email subject line must include the case number as follows: XX-cv-XXXX-JB.

Judge Jacqueline Becerra

WARNINGCivil cases

Applies to: Motion

If defendants do not timely move to set aside the Clerk’s Default or respond to the motion, default final judgment may be entered without further hearing or notice.

If Defendant(s) fail(s) to move to set aside the Clerk’s Default or respond to the Motion within the time permitted by the Rules, default final judgment may be entered without further hearing or notice.

Judge Jacqueline Becerra

WARNINGCivil cases

Applies to: Joint trial plan

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.

Judge Robin L. Rosenberg

WARNINGCivil cases

Applies to: Motion in limine

Motions in limine requesting compliance with Federal Rules of Evidence are improper and may be denied.

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.

Judge Robin L. Rosenberg

WARNINGCivil cases

Applies to: Certification

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.

Judge Robin L. Rosenberg

WARNINGCivil cases

Applies to: Show cause 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.

Judge Robin L. Rosenberg

WARNINGCivil cases

Applies to: Pretrial order
Must include: compliance certificate

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.

Judge Robin L. Rosenberg

WARNINGCivil cases

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.

Judge Robin L. Rosenberg

WARNINGCivil cases

Applies to: Settlement approval motion

Failure to comply with the settlement-approval motion requirements may result in denial of the motion.

Failure to comply with these requirements may result in denial of the motion for settlement approval.

Judge Robin L. Rosenberg

WARNINGCivil cases

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;

Judge Robin L. Rosenberg

WARNINGCivil cases

Plaintiff’s counsel is responsible for coordinating a mediation date, time, and location agreeable to the mediator and all counsel of record.

Counsel for Plaintiff shall be responsible for coordinating a mediation date, time, and location agreeable to the mediator and all counsel of record;

Judge Robin L. Rosenberg

WARNINGCivil cases

Must include: monetary sanctions, justification required

Lack of substantial justification may result in monetary sanctions.

Failure to show that the objecting party’s position was substantially justified may result in entry of monetary sanctions under that Rule.

Magistrate Judge Edwin G. Torres

WARNINGCivil cases

Applies to: Supplemental deposition
Must include: compelled by court, rule 26a1 noncompliance

Supplemental depositions may be compelled for improper Rule 26(a)(1) compliance.

The Court will compel supplemental depositions in the event that Rule 26(a)(1) was not properly followed.

Magistrate Judge Edwin G. Torres

WARNINGCivil cases

Applies to: Discovery dispute
Must include: rule 37 compulsion, burden failure consequence

Failure to meet burden results in discovery compulsion under Rule 37.

Failure to satisfy this burden will result in entry of an order compelling discovery under Rule 37.

Magistrate Judge Edwin G. Torres

WARNING

Applies to: Authorization request
Must include: signature, judge authorization

Written judge authorization required for specific electronic device access.

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,

Magistrate Judge Enjoliqué A. Lett

WARNING

Applies to: Reporter agreement
Must include: written agreement, acknowledgment of contempt

News reporters may bring devices with written agreement restricting use to text mode only.

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

Magistrate Judge Enjoliqué A. Lett

WARNINGCivil cases

Must include: bad faith or substantial justification

Court may impose sanctions for improper discovery conduct under Rule 37.

The Court may impose sanctions, monetary or any other type, if it determines discovery is being improperly sought or is being withheld in bad faith or without substantial justification. See Fed. R. Civ. P. 37.

Magistrate Judge Enjoliqué A. Lett

WARNINGCivil cases

Applies to: Joint motion

Court will not enter agreed orders for discovery extensions or unargued agreements.

The Court does not enter agreed orders extending the due date for discovery responses, nor does the Court enter orders memorializing discovery agreements between the parties on issues that were not argued to the Court during a hearing.

Magistrate Judge Enjoliqué A. Lett

WARNINGCivil cases

Applies to: Discovery motion

Objections based on 'reasonably calculated' standard are outdated.

Any objection that a discovery request is not reasonably calculated to lead to admissible evidence is an objection that is based on an outdated discovery standard. Such an objection is

Magistrate Judge Panayotta Augustin-Birch

WARNINGCivil cases

Applies to: Motion
Must include: local rule certificate

If motion is granted, court must award reasonable expenses including attorney’s fees under FRCP 37(a)(5).

This Court reminds the parties and counsel that if the motion is granted, Federal Rule of Civil Procedure 37(a)(5) requires this Court to award to the moving party all reasonable expenses incurred in making the motion, including attorney’s fees, absent an exception.

Magistrate Judge Patrick M. Hunt

WARNINGCivil cases

Applies to: Discovery response
Must include: attempt clarification

Parties must attempt to obtain clarification before objecting on vagueness grounds.

if a party believes that a request is vague, the party shall attempt to obtain clarification prior to objecting on this ground.

Magistrate Judge Patrick M. Hunt

WARNINGCivil cases

Applies to: Notification of ninety days expiring
Must include: notice of motion

Local Rule 7.1.b.4 provides that a “Notification of Ninety Days Expiring” be filed for any motion that has been pending and fully briefed for ninety (90) days. In this Division, if a ripe motion or decision after oral argument or a bench trial is pending for more than forty-five (45) days, please contact Chambers and advise the Judicial Administrator of the pendency of the motion.

Senior Judge Donald L. Graham

INFOCivil cases

Applies to: Deposition
Must include: announcement of deposition type change

Permissible to take both corporate designee and fact witness depositions of same person, with clear announcement when changing types.

It is permissible for a party to take the deposition of a person in his/her representative capacity as a corporate designee and also take a separate deposition of that person in his/her role as a fact witness. The attorney scheduling the depositions has the discretion to determine the order in which the two depositions occur. The attorney taking the depositions may take the fact witness deposition and the Rule 30(b)(6) deposition at the same time but shall clearly announce on the record when the deposition is changing into a different type of deposition.

Judge Darrin P. Gayles

INFOCivil cases

Applies to: Rule 30b6 deposition

No requirement to identify Rule 30(b)(6) designee before deposition begins.

Counsel for the corporation or entity is not required to identify the designee or designees before the deposition begins, but he or she is certainly free to volunteer the information as a courtesy.

Judge Darrin P. Gayles

INFOCivil cases

Applies to: Notice of hearing

Non-routine disputes may include one-paragraph explanation in hearing notice.

If one or more of the parties believe in good faith that the discovery dispute is not a routine, garden-variety dispute and needs specialized attention, then the parties may include a to-the-point, no-more-than-one-paragraph explanation in the Notice of Hearing, to flag the specific issues.

Judge Darrin P. Gayles

INFOCivil cases

Applies to: Amendment
Must include: caption, judge name, case number

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.

Judge Robin L. Rosenberg

INFOCivil cases

Applies to: Expert witness list

Expert witness rules do not apply to treating physicians and health providers.

Note: The above provisions pertaining to expert witnesses do not apply to treating physicians, psychologists or other health providers.

Judge Robin L. Rosenberg

INFOCivil cases

Applies to: Status conference
Must include: witness estimation, trial time estimation

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.

Judge Robin L. Rosenberg

INFOCivil cases

Applies to: Jury instructions

Parties must begin preparing proposed jury instructions when preparing pretrial stipulation.

the parties must begin to confer and prepare the proposed jury instructions at the time they are preparing the pretrial stipulation.

Judge Robin L. Rosenberg

INFOCivil cases

Applies to: Joint trial plan

Jury selection time need not be estimated in the joint trial plan.

The parties need not include an estimation of time for jury selection.

Judge Robin L. Rosenberg

INFOCivil cases

Applies to: Trial notice
Must include: caption, judge name, case number

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.

Judge Robin L. Rosenberg

INFOCivil cases

Applies to: Voir dire questions
Must include: case number

Parties may submit up to 5 voir dire questions by calendar call via email with specific format.

Voir Dire Questions. The Court will require each prospective juror to complete a brief written questionnaire prior to the commencement of questioning in the courtroom. Any party may submit up to five proposed, case-specific questions to be included in the questionnaire. The proposed questions must be filed with the Court on or before Calendar Call and must also be submitted to the Court, in Word format, via e-mail to ruiz@flsd.uscourts.gov. The email subject line must include the case number as follows: XX-CV-XXXX-RAR.

Judge Rodolfo A. Ruiz II

INFOCivil cases

Must include: self sequencing, no delay required

Parties may sequence their own discovery without waiting for others.

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.

Magistrate Judge Edwin G. Torres

INFOCivil cases

Applies to: Proposed order

The Court will omit any provision in a protective order that allows bypassing Local Rule 5.4’s sealing requirements.

I will omit from a protective order any proposed provision that would allow a party to bypass Local Rule 5.4’s requirements for filing material under seal.

Magistrate Judge Lauren Fleischer Louis

INFOCivil cases

Applies to: Discovery motion

Parties should focus briefing on legal arguments, not case background.

The parties need not use a significant portion of their briefing allotment to apprise the Court of the claims and allegations being made in the case or the procedural background of the case. The Court will review the pleadings and docket to familiarize itself with the background of the case.

Magistrate Judge Panayotta Augustin-Birch

INFOCivil cases

Applies to: Discovery response
Must include: partial production

Example: For nationwide/10-year request, provide 5-year FL discovery if that's the disputed scope.

if discovery is sought nationwide for a ten-year period, and the responding party objects on the grounds that only a five-year period limited to activities in the State of Florida is appropriate, the responding party shall provide responsive discovery falling within the five-year period as to the State of Florida.

Magistrate Judge Patrick M. Hunt

INFOCivil cases

Applies to: Discovery response
Must include: broad discovery standard

Federal Rules allow broad discovery that need not be admissible at trial.

The parties are reminded that the Federal Rules of Civil Procedure allow for broad discovery that need not be necessarily admissible at trial. See Fed. R. Civ. P. 26(b)(1); Oppenheimer Fund, Inc. v. Sanders, 437 U.S. 340, 350–51 (1978).

Magistrate Judge Patrick M. Hunt

INFOCivil cases

Applies to: Response to discovery motion
Must include: exhibits

Exhibits may be attached to responses to discovery motions.

The responding party may also attach as exhibits any materials relevant to the discovery dispute.

Magistrate Judge Patrick M. Hunt

INFOCivil cases

Applies to: Reply to discovery motion
Must include: exhibits

The moving party may only attach to the reply exhibits that are relevant to rebut the response.

Magistrate Judge Patrick M. Hunt

INFOCivil cases

Applies to: Discovery motion
Must include: exhibits

Exhibits may be attached to discovery motions.

The moving party may attach as exhibits to the motion any materials relevant to the discovery dispute.

Magistrate Judge Patrick M. Hunt

INFOCivil cases

Applies to: Settlement conference

Settlement conference statements are confidential and inadmissible at trial.

The Court expects the parties to address each other with courtesy and respect. Parties are encouraged to be frank and open in their discussions. As a result, statements made by any party during the Settlement Conference are not to be used in discovery and will not be admissible at trial.

Magistrate Judge Shaniek Mills Maynard

INFOCivil cases

Applies to: Settlement conference

Settlement conference will use mediation format with joint session and private caucusing.

The Court will generally use a mediation format: that is, a joint session with opening presentations by the Court and each side followed by private caucusing by the Court with each side. The Court expects both sides and their representatives to be fully prepared to participate.

Magistrate Judge Shaniek Mills Maynard

INFOCivil cases

Applies to: Stipulated order

Court will not enter stipulated orders extending discovery response deadlines or unlitigated discovery agreement orders.

The Court does not enter stipulated orders extending the due date for discovery responses, nor does the Court enter orders memorializing discovery agreements between the parties that were not otherwise litigated before the Court.

Magistrate Judge Yeney Hernandez

WARNINGCivil cases

Applies to: Order

Chapter 13 consent calendar orders must state 'came before the Court on the Chapter 13 Consent Calendar' in the introductory paragraph and must not state the matter was heard 'by the Court.'

An order submitted in a chapter 13 case that was submitted in a matter heard only on the chapter 13 consent calendar must state in the introductory paragraph “came before the Court on the Chapter 13 Consent Calendar” and not reflect that it was heard “by the Court,” as required by Local Rule 5005-1(G)(1)(d).

Bankruptcy Mindy A. Mora

Common questions about Southern District of Florida document filing requirements

What must be included with jury instructions filings in Southern District of Florida?

Magistrate Judge Patrick M. Hunt: Jury instructions must be jointly submitted in Word format with specific formatting and citations.

View rule Official source Source: page 2, section Jury Instructions and Verdict Form

Judge Rodolfo A. Ruiz II: Proposed jury instructions and verdict form must be submitted in Word format via email before Calendar Call with specific subject line format.

View rule Official source Source: page 3, section Trial Exhibits

Judge Robin L. Rosenberg: Parties must submit joint jury instructions and verdict form in Word format to specified email.

View rule Official source Source: page 12, section 5. JURY TRIALS

7 more rules answer this question.

What must be included with deposition designation filings in Southern District of Florida?

Magistrate Judge Patrick M. Hunt: Deposition designations must be filed 14 days before joint pretrial deadline.

View rule Official source Source: page 1, section Deposition Designations

Judge Robin L. Rosenberg: The rule requires objection deadline and counter designation deadline. Counter-designations and objections to deposition designations due January 8, 2021; late designations inadmissible without exigent circumstances.

View rule Official source

2 more rules answer this question.

What must be included with trial exhibit filings in Southern District of Florida?

Magistrate Judge Patrick M. Hunt: The rule requires exhibit list. Trial exhibits must be pre-marked with P or D prefixes and listed at trial start.

View rule Official source Source: page 1, section Trial Exhibits

Judge Robin L. Rosenberg: The rule requires on exhibit list. Exhibits not on list may not be offered at trial without good cause and no prejudice.

View rule Official source

What must be included with discovery motion filings in Southern District of Florida?

Magistrate Judge Eduardo I. Sanchez: The rule requires certificate of conference. Motion must include certificate of good faith conference per Local Rule 7.1(a)(3).

View rule Official source Source: page 1, section I. PROCEDURES FOR DISCOVERY DISPUTES

Judge Darrin P. Gayles: The rule requires certificate of conference. Counsel must include a certificate of conference certifying good faith efforts to resolve the discovery dispute.

View rule Official source Source: page 4

Magistrate Judge Lauren Fleischer Louis: The rule requires certificate of conference. Under this Local Rule, counsel must certify that the parties made good faith efforts to resolve or narrow the dispute and identify the date(s) on which conferral occurred and the means of communication used. An adequate certificate of conference almost always requires at least one, if not more, live conversations between counsel.

View rule Official source Source: page 6, section III. DISCOVERY DISPUTE PROCEDURES

15 more rules answer this question.

What must be included with discovery objection filings in Southern District of Florida?

Magistrate Judge Eduardo I. Sanchez: Boilerplate or general objections are prohibited.

View rule Official source Source: page 4, section II. DISCOVERY OBJECTIONS

Magistrate Judge Lauren Fleischer Louis: Objections based on “not reasonably calculated to lead to admissible evidence” are outdated and invalid; discovery scope is relevance and proportionality, not admissibility.

View rule Official source Source: page 2, section II. OBJECTIONS TO DISCOVERY REQUESTS B. “Not Reasonably Calculated to Lead to Admissible Evidence”

Magistrate Judge Panayotta Augustin-Birch: The rule requires specific objection grounds. Boilerplate and general objections are prohibited; objections must state specific grounds.

View rule Official source Source: page 5, section B. Boilerplate or General Objections

34 more rules answer this question.

What must be included with notice of hearing filings in Southern District of Florida?

Magistrate Judge Lauren Fleischer Louis: The rule requires statement of facts. The Notice of Hearing shall set forth, with specificity, the substance of the discovery matter to be heard. While the Notice of Hearing should not advance any argument, the Notice must be sufficiently detailed to provide the Court with advance notice of each dispute to be heard. Two or three complete sentences describing each dispute to be heard usually will be ideal.

View rule Official source Source: page 8, section 2. Informal Discovery Hearing Procedure

Judge Darrin P. Gayles: The rule requires notice of electronic filing. File Notice of Hearing and serve opposing counsel via ECF on same day Chambers confirms discovery calendar placement.

View rule Official source

Magistrate Judge Lisette M. Reid: The rule requires local rule certificate and certificate of conference. Notice of Hearing must be filed after obtaining hearing date, include numerical list of discovery matters, certify Local Rule 7.1(a)(3) compliance, and contain no argument.

View rule Official source Source: page 1, section STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE LISETTE M. REID

7 more rules answer this question.

Related categories

Back to all rules for this court

Page & Word Limits

Maximum page counts and word limits for motions, briefs, and other filings by judge.

Courtesy Copy Requirements

When and how to deliver courtesy copies to chambers, including triggers, timing, and formatting.

Electronic Filing Rules

Electronic filing requirements, permitted filing channels, EFSP portals, and exceptions.

Filing Timing and Cure Windows

Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.