Southern District of Florida Filing Timing and Cure Windows

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.

Source text: 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).

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.

Source text: 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.

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

Source text: 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.

Source text: 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.

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.

Source text: 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.

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

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.

Source text: 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.

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

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

Source text: 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.

Source text: 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.

Source text: 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.

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

Source text: 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.