Judge Darrin P. Gayles
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Notice of Hearing
- 1 copy • Email • Upon Filing
Communication
Phone
Chambers
Chambers
Page & Word Limits2 rules
Ordinarily, no more than thirty (30) minutes per side will be permitted.
The party seeking to take the deposition shall include only a reasonable number of topics to be covered in a 7-hour deposition. Listing 40 or 50 (or more topics) is presumptively unreasonable.
Document Format Requirements2 rules
Proposed orders must be in Word format, 12-pt Palatino Linotype, double-spaced, justified, with page numbers starting on page 2.
- File type
- Word
Formatting
- •Justified
- •Page numbers beginning on the second page
Court's wording
If a party submits a proposed order to the Undersigned, then it must be in Microsoft Word format in 12-point Palatino Linotype font. The proposed order must be double spaced, justified, and the case style must mirror the case style used in this Order. If the proposed order is more than one page, then it must include page numbers, beginning on the second page.
Pro se litigants must file documents in person or by U.S. mail with no exceptions.
Formatting
- •File in person
- •File by U.S. mail
- •No exceptions
Court's wording
Section 2C of the Southern District of Florida CM/ECF Administrative Procedures requires pro se litigants to file their documents in a conventional manner, which means in person or by U.S. mail. There are no exceptions.
Document Filing Requirements24 rules
Counsel must under this Local Rule certify that good faith efforts were made.
Boilerplate objections to discovery requests are prohibited; objections must state specific grounds.
Court's wording
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.
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.
Privilege objections must identify specific nature of privilege and details of communication.
Court's wording
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.
The Local Rule also requires the preparation of a privilege log except for “communications between a party and its
Objections to document requests must state whether responsive materials are withheld and specify which parts are objected to.
Court's wording
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.
Local Rule 7.1 requires certificate of conferral for motions, with sanctions for non-compliance.
Must include
- •Certificate of conference
Court's wording
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.
Notice of authorities may list authorities with one-sentence summaries, no arguments.
Court's wording
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.
File Notice of Hearing and serve opposing counsel via ECF on same day Chambers confirms discovery calendar placement.
Court's wording
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.
Hearing notice must include certificate of good faith per Local Rule 7.1(a)(3).
- Document
- Notice of hearing
Must include
- •Certificate of conference
Court's wording
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.
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.
Any other requests for relief must abide by the mentioned procedures and Local Rules.
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.
Court's wording
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.
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.
Court's wording
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 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
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
Objections based on irrelevance or not reasonably calculated to lead to admissible evidence are outdated.
Court's wording
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).
Parties must engage in reasonable compromise; sanctions may be imposed for bad faith.
Court's wording
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.
Pro se litigants must file consent form to receive electronic notices; paper copies will then cease.
Court's wording
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.
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.
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.
Permissible to take both corporate designee and fact witness depositions of same person, with clear announcement when changing types.
Court's wording
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.
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.
Non-routine disputes may include one-paragraph explanation in hearing notice.
Court's wording
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.
Filing & Service rules
Filing Timing and Cure Windows
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).
Civil cases
Page 4
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.
Civil cases
Page 7 | ORDER SETTING DISCOVERY PROCEDURES
Service and Proof of Service Rules
Objections to the scope of a 30(b)(6) deposition notice must be served (not filed) timely before the deposition.
Objections to the scope of a deposition notice shall be timely served (not filed) in advance of the deposition.
Civil cases
Page 3
Notice of objection to a deposition notice must be served (not filed) on the opposing party within five days of receipt, and failure to timely preserve may result in waiver.
a notice of objection must be served (not filed) on the opposing party no later than five days after receipt of the deposition notice at issue. Such a notice may not be submitted on the eve of the event. The failure to timely preserve an objection as per this Order may be deemed a waiver.
Civil cases
Page 7 | ORDER SETTING DISCOVERY PROCEDURES
Courtesy Copy Requirements
The party who scheduled the discovery hearing shall provide the Court a copy of all source materials relevant to the discovery dispute, via hand-delivery or through a document that is emailed to the CM/ECF mailbox (goodman@flsd.uscourts.gov) on the date that the Notice of Hearing is filed.
The party who scheduled the discovery hearing shall provide the Court a copy of all source materials relevant to the discovery dispute, via hand-delivery or through a document that is emailed to the CM/ECF mailbox (goodman@flsd.uscourts.gov) on the date that the Notice of Hearing is filed.
Civil cases
Filing Bundling Requirements
Motions and memoranda are rarely needed.
The Court anticipates that the need for motions and/or memoranda will arise only rarely.
Civil cases
Pre-Motion Conference Requirements
Before raising a discovery dispute, parties must confer in good faith as required by Local Rule 7.1(a)(3).
If a bona fide discovery dispute arises notwithstanding these guidelines, the parties must first confer in a good faith effort to resolve the dispute in compliance with S.D. Fla. L.R. 7.1(a)(3).
Civil cases
Page 4
Discovery motions (compel, protective order, sanctions) require Court authorization.
No written discovery motions, including motions to compel, for protective order, or related motions for sanctions shall be filed unless specifically authorized by the Court.
Civil cases
No hybrid hearings - all counsel must participate via same method (Zoom or in-person).
The Court does not permit hybrid hearings. Thus, if a hearing is set as a Zoom hearing, then all counsel must participate on Zoom. If a hearing is set as an in-person hearing, then all counsel must attend in person.
Civil cases
Parties must have actual conversation (in person or phone) before filing discovery hearing notice.
Counsel must actually confer (in person or via telephone) and engage in reasonable compromise in a genuine effort to resolve their discovery disputes before filing a notice of a discovery hearing. In other words, there must be an actual conversation before a discovery hearing notice is filed. If counsel refuses to participate in a conversation, then the party seeking to set a discovery hearing shall so state in the required certificate of conference and outline the efforts made to have a conversation.
Civil cases
Unauthorized discovery motions and memoranda will be stricken.
The Court will strike any unauthorized discovery motions and memoranda.
Civil cases
A good faith conference following service of written notice of objections preserves deposition scheduling issues without waiver until the Court resolves the dispute at a discovery conference.
if a good faith deposition scheduling dispute arises prior to a deposition, the service of the written notice of objections, followed by a good faith conference to resolve the dispute, will be sufficient to preserve the issues involved without fear of waiver prior to the Court resolving the dispute at a discovery conference.
Civil cases
Page 7 | ORDER SETTING DISCOVERY PROCEDURES
Email/telefax demands for same-day response are not good faith confer efforts.
Sending an email or telefax to opposing counsel with a demand that a discovery response or position be provided on the same day will rarely, if ever, be deemed a good faith effort to confer before filing a discovery hearing notice.
Civil cases
Must disclose if attorneys are local (Miami-Dade, Broward, Palm Beach) or not local when scheduling discovery hearing.
When counsel (or a pro se party) seeking the discovery hearing contacts Chambers, he or she must disclose whether the attorneys who will be arguing at the hearing are local (i.e., located in Miami-Dade County, Broward County, or Palm Beach County) or not local
Civil cases
Discovery hearings scheduled every Friday afternoon.
The Court holds a regular discovery calendar every Friday afternoon.
Civil cases
Motion for leave to file discovery motion/memoranda may be filed for complex disputes.
For those discovery disputes which are particularly complex (and there are not many of those) and which a party believes will require briefing, a motion for leave to file a discovery motion or memoranda may be filed. The motion should briefly explain the
Civil cases
Chambers provides available dates for parties to confer and confirm availability.
Chambers will provide available dates for the party to confer with opposing counsel and confirm his or her availability for the discovery calendar.
Civil cases
Objections to Rule 30(b)(6) topics must be resolved through conference or hearing before deposition.
If the corporation or entity has any objections to the topics listed in the Rule 30(b)(6) notice, then its counsel shall first confer and try to resolve the deposition shall notice the dispute for a hearing before the Undersigned (following the same procedures outlined above) and obtain a ruling on the disputed topics before the Rule 30(b)(6) deposition occurs.
Civil cases
Page 11 | RULE 30(b)(6) DEPOSITIONS
Chambers Communication Rules
Pro se litigants prohibited from emailing Chambers for relief or filing copies.
The pro se litigant shall not email Chambers requesting any form of relief, including emailing a copy of their filings in violation of both Local Rule 7.7 and Section 2C of the CM/ECF Administrative Procedures mentioned above.
Civil cases
Letters requesting relief are prohibited unless invited or directed by the judge.
Local Rule 7.7 (entitled “correspondence to the Court”) prohibits an attorney from presenting to the Court a “letter or the like” which “request[s] relief in any form.” The rule has an exception: a letter or similar communication (such as an email note) may be submitted if the presiding judge “invite[s] or direct[s]” the attorney
Civil cases
Pro se litigants must maintain current email address with the Court after filing consent.
If a pro se litigant files the consent form mentioned above, then he or she is responsible for maintaining a current email address with the Court.
Civil cases
If partial resolution, contact Chambers and file CM/ECF notice of resolved issues before hearing.
Alternatively, if the parties resolve some, but not all, of their issues before the hearing, then counsel shall also timely contact Chambers and then also provide a pre-hearing written notice on CM/ECF (with as much lead time as possible) about those issues which are no longer in dispute (so that the Court and its staff do not unnecessarily work on matters no longer in dispute).
Civil cases
Page 11 | Discovery Hearing Procedures
If those efforts are successful, then counsel should contact Chambers as soon as practicable to inform the Undersigned that the hearing will be timely cancelled. After contacting Chambers, the party who scheduled the hearing must file a notice on CM/ECF indicating that all issues were resolved and that the hearing is cancelled.
If those efforts are successful, then counsel should contact Chambers as soon as practicable to inform the Undersigned that the hearing will be timely cancelled. After contacting Chambers, the party who scheduled the hearing must file a notice on CM/ECF indicating that all issues were resolved and that the hearing is cancelled.
Civil cases
Page 11 | Discovery Hearing Procedures
Contact Chambers at (305) 523-5720 to schedule discovery hearing.
The party seeking the discovery hearing shall contact Chambers at (305) 523-5720 to place the matter on the next available discovery calendar.
Civil cases
Pro se litigants may call Chambers to schedule discovery hearings.
If a pro se litigant has a discovery dispute, then he or she may call Chambers to schedule a discovery hearing per this Order.
Civil cases