Southern District of Florida Filing Timing and Cure Windows

Deadline

7 calendar days

Plaintiff must file Motion for Entry of Clerk’s Default within 7 days of defendant's answer deadline if no response is filed, with failure resulting in potential dismissal without prejudice.

If a Defendant or Defendants fail to file any response(s) to Plaintiff’s Complaint, Plaintiff shall submit a Motion for Entry of Clerk’s Default with respect to Defendant(s), no later than seven (7) days of the deadline for Defendant(s) to file an Answer or otherwise appear. Plaintiff’s failure to file a Motion for Entry of Clerk’s Default within the specified time may result in dismissal without prejudice and without further notice as to the Defendant(s).

Deadline

7 calendar days

Plaintiff must file either Motion for Default Final Judgment or Motion to Determine Joint and Several Liability on Default within 7 days of Clerk's entry of default.

Once the Clerk enters default, Plaintiff must file one of the following two responses within seven (7) days of the entry of a Clerk’s Default: 1. Where there is only one Defendant, or where there are multiple Defendants but no allegations of joint and several liability and no possibility of inconsistent liability between Defendants, Plaintiff shall file a Motion for Default Final Judgment. 2. Where there are multiple Defendants and allegations of joint and several liability or the possibility of inconsistent liability between Defendants, Plaintiff shall file a Motion to Determine Joint and Several Liability on Default.

Deadline

7 calendar days

Plaintiff must file Motion for Default Final Judgment within 7 days of resolving all defendants' liability.

Once liability is resolved as to all Defendants, Plaintiff may move for the entry of default final judgment against Defendants, as described in (1) above, no later than seven (7) days thereafter.

Failure to file required default motions within specified time may result in sanctions including dismissal without prejudice.

Plaintiff’s failure to file a Motion for Default Final Judgment, and, if applicable, a Motion to Determine Joint and Several Liability on Default within the specified time will result in sanctions, including but not limited to, dismissal without prejudice as to those Defendants.

Discovery disputes must be raised within thirty days, with a possible seven-day agreed extension, as required by Local Rule 26.1(g)(1).

Discovery disputes must be raised timely as required by S.D. Fla. L.R. 26.1(g)(1). The Court strictly enforces this Rule, and interprets the thirty-day window as the opportunity during which good faith resolution efforts must be made (subject to the seven-day agreed extension permitted by the rule).

Deadline

14 calendar days

Counsel must file a motion for additional sentencing hearing time no later than 14 days prior to the hearing.

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.

Deadline

7 calendar days

Letters or exhibits to be presented at sentencing must be submitted no later than 7 days prior to the sentencing hearing.

Any letters or exhibits to be presented at sentencing shall be submitted no later than 7 days prior to the sentencing hearing.

Deadline

35 calendar days

The Probation Office must disclose the Draft Presentence Investigation Report (PSR) no later than 35 days prior to the sentencing hearing.

The Probation Office shall disclose the Draft PSR no later than 35 days prior to the sentencing hearing.

Deadline

14 calendar days

Counsel must file objections to the Draft PSR and any motions for departure or variance from the guidelines within 14 days after disclosure of the Draft PSR.

Counsel shall file their Objections, and Motions for Departure and/or Variance from the guidelines, if any, to the Draft PSR within 14 days after disclosure of the Draft PSR.

Deadline

7 calendar days

Responses to objections to the Draft PSR and any departure or variance motions must be filed 7 days after the deadline for filing such objections and motions.

Responses to the Objections and any Motions for Departure and/or Variance from the guidelines shall be filed 7 days thereafter.

Deadline

7 calendar days

The Probation Office must disclose the Final PSR and Addendum no later than 7 days prior to the sentencing hearing.

The Probation Office shall disclose the Final PSR and Addendum no later than 7 days before the sentencing hearing.

Deadline

3 calendar days

Counsel must file the Notice of resolved and remaining PSR objections no later than 3 days prior to the sentencing hearing.

This Notice shall be filed no later than 3 days before the sentencing hearing.

All discovery including dispute resolution must be completed before the discovery cut-off date; no court intervention is available after the cut-off date even if parties agree to additional discovery.

The Court also enforces Local Rule 26.1(d), which requires that all discovery, including resolution of discovery disputes, be fully completed prior to expiration of the discovery cut-off date. By virtue of the rule, no Court intervention or remedy will be available to either party after the cut-off date even if the parties agree to engage in discovery after the cut-off date.

Discovery disputes must be raised in a timely manner per Local Rule 26.1(g)(2), which the Court strictly enforces.

Discovery disputes must be timely raised as required by Local Rule 26.1(g)(2). The Court strictly enforces this Rule.

Deadline

24 hours

Notice of Hearing must be filed within 24 hours of Court confirmation (or 2 business days if no CM/ECF credentials) and calendared in CM/ECF.

Within twenty-four (24) hours of the Court confirming the hearing, the movant shall file a Notice of Hearing and simultaneously calendar a “Discovery Hearing” when prompted by the CM/ECF system. If the movant lacks CM/ECF filing credentials, the Court will notify the movant of the obligation to file a Notice of Hearing within two (2) business days of receiving confirmation from the Court of the hearing date.

Moving parties must request discovery dispute hearing relief within 15 days of the grounds for relief arising.

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

Deadline

5 business days

Responses to discovery motions must be filed within 5 business days of service of the discovery motion.

The opposing party must file a response to the motion, no longer than five (5) pages, within five (5) business days of service of the discovery motion.

Parties have 28 days (plus 7-day extension per Local Rule 26.1(g)(2)(C)) to make good-faith resolution efforts for discovery disputes; unapproved extensions are invalid.

The parties must promptly notify the Court of discovery disputes as required by Local Rule 26.1(g)(2). The Court strictly enforces this rule and interprets the twenty-eight-day window as the time during which the parties must make good-faith resolution efforts, subject to the seven-day extension permitted under Local Rule 26.1(g)(2)(C). Unapproved extensions agreed to by the parties shall not be recognized.

Discovery dispute resolution must be completed before the discovery cutoff date; no court intervention or remedies are available after the cutoff.

resolution of discovery disputes, be fully completed prior to the expiration of the discovery cutoff date. Under Local Rule 26.1(d), no Court intervention or remedy will be available to either party after the cutoff date.

Deadline

1 business days

Notice of Hearing must be filed within one business day of Court confirming hearing date and time.

Within one business day of the Court confirming the date and time for the hearing, the parties shall file a Notice of Hearing, no longer than five (5) pages per side, that outlines the discovery matters to be heard (e.g., “the parties dispute the appropriate timeframe for Plaintiff’s Interrogatory Nos. 1-3”) and the respective positions of the parties.

Objections to the scope of a Rule 30(b)(6) deposition notice will only be adjudicated after the deposition is taken.

any objections to the scope of a Rule 30(b)(6) deposition notice shall only be adjudicated after the taking of the deposition.