Southern District of Florida Document Filing Requirements

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.

Applies to

Order

Orders must include a service directive.

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

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.

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.

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.

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.

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.

Applies to

Notice of hearing

Notices and source materials cannot be used to submit memoranda or arguments.

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.

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.

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.

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.

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.

Applies to

Discovery objection

Must include

formulaic objection prohibited

Formulaic objections followed by answers are prohibited and waste resources.

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.

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.

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.

Applies to

Privilege log

Privilege log required except for communications between party and its counsel.

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

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.

Applies to

Expert disclosure

Must include

certificate of service

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

[counsel to input date that is two months prior to discovery deadline] containing the names, addresses and 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.

Applies to

Rebuttal expert disclosure

Must include

certificate of service

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.

Applies to

Motion

Must include

local rule certificate

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.

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.

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.

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.

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.

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.

Applies to

Motion

Must include

proposed order

Proposed orders are required for all motions.

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

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).

Applies to

Expert witness list

Must include

names and addresses

Primary expert witness disclosure and deposition deadline.

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.

Applies to

Rebuttal expert witness list

Must include

names and addresses

Rebuttal expert witness disclosure and deposition deadline.

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.

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.

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.

Applies to

Mediation

Must include

completion deadline

Mediation must be completed by January 1, 2021.

January 1, 2021: Mediation must be completed.

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.

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.

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.

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.

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.

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.

Applies to

Jury instructions

Must include

proposed order

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.

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.

Applies to

Jury instructions

Must include

proposed order

Joint jury instructions must include preliminary and final instructions; voir dire and verdict forms also required.

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.

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.

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.

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.

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.

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.

Applies to

Notice of remaining issues

Must include

caption, 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.

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.

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.

Applies to

Notice of telephonic appearance

Must include

notice of electronic filing

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.

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

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.

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.

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.

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.

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.

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.

Applies to

Pretrial stipulation

Must include

local rule certificate

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.

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.

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.

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.

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.

Applies to

Mediation report

Must include

judge name, case number, notice of electronic filing

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;

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.

Applies to

Jury instructions

Must include

proposed order

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.

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.

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.

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.

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.

Applies to

Discovery objection

Burden objections must state no search was conducted and explain why search would be unduly burdensome.

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.

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.

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.

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.

Applies to

Discovery objection

Must include

vagueness definition

If no clarification received, unilaterally define vague terms and respond accordingly.

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 _____.'

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.

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.

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.

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.

Applies to

Privilege objection

Non-privileged materials must be produced promptly even while preparing privilege log.

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

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).

Applies to

Discovery objection

Boilerplate or general objections are prohibited.

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

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.

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.

Applies to

Discovery objection

Must include

no formulaic objections

Formulaic objections followed by answers are prohibited and waste resources.

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.

Applies to

Discovery objection

Must include

clear answer indication

Objections must clearly indicate whether questions are fully answered.

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.

Applies to

Discovery response

Must include

clear production statement

Discovery responses must include clear statement that all responsive documents have been produced.

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

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.

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).

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.

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.

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.

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.

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.

Applies to

Motion for hearing

Must include

caption, judge name, case number +1 more

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.

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.

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.

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

Applies to

Motion for discovery hearing

Must include

certificate of conference

Parties must discuss each discovery request/objection during conferral.

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.

Applies to

Discovery

Must include

certificate of completion

All discovery must be completed before discovery cutoff.

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.

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.

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).

Applies to

Discovery objection

Conclusory and boilerplate objections are prohibited.

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

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).

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.').

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.

Applies to

Discovery objection

Must include

relevance explanation, proportionality explanation

Objections must specify whether request is irrelevant or disproportionate and provide 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.

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.

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.

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.

Applies to

Notice of discovery dispute

Must include

caption, judge name, case number

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

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.

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

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).

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.

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.

Applies to

Discovery motion

Must include

certificate of conference

Discovery motions must include a certificate of conference attesting to good faith conferral with live conversation, dates of conferral, and means of communication.

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.

Applies to

Notice of hearing

Notice of Hearing must detail each discovery dispute with 2-3 sentences per dispute, no argument.

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.

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.

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.

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.

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.

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.

Applies to

Discovery response

Must include

clarification attempt

Must seek clarification before objecting to vague discovery requests.

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

Applies to

Discovery response

Must include

partial production

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

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.

Applies to

Discovery response

Must include

no notwithstanding objections

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

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.

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.

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.

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.

Applies to

Discovery response

Must include

timely nonprivileged production

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

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

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.

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.

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.

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.

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.

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.

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.

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.

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)

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.

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.

Applies to

Discovery response

Must include

partial production

For scope objections, provide discovery within undisputed scope parameters.

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.

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.

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.

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.

Applies to

Deposition designation

Must include

certificate of service

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.

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.

Applies to

Discovery motion

Must include

local rule certificate, certificate of conference

Discovery motions must include a certificate of good faith complying with 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).

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).

Applies to

Discovery motion

Discovery motions must cite the best supporting legal authority.

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

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.

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.

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.

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.

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.

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).

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.

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.

Applies to

Discovery motion

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).

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.

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.

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.

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).

Applies to

Motion

Must include

local rule certificate

Extension motions must include deadlines, dates, extension count, and magistrate referral status.

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.

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.

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.

Applies to

Joint discovery plan

Must include

certificate of service

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).

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.

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.

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.

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.

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).

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.

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

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.

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.

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.

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.

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.

Applies to

Consent form

Must include

case number, 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.

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

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).

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.

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.

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.

Applies to

Discovery response

Parties should avoid formulaic objections followed by answers; counsel must include a clear statement that all responsive documents or information identified have been produced or provided.

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

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.

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.

Applies to

Motion to strike

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.

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.

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.

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.

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.

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.

Applies to

Sanctions

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.

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,

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

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.

Applies to

Sanctions

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.

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

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.

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.

Applies to

Notification of ninety days expiring

Must include

notice of motion

Notification required for motions pending 90 days; contact chambers if pending 45+ days.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Applies to

Discovery plan

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.

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.

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.

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.

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).

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.

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.

Applies to

Reply to discovery motion

Must include

exhibits

Replies to discovery motions limited to rebuttal exhibits.

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

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.

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.

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.