JAN j 6 2010 - United States District Court

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3-^(3) Supporting and Opposing Materials. To the extent a party wants the Court to consider affidavits, declarations, or other materials in support of or in opposition to the motion, then: -farHA) the movant must serve with the motion all such materials; and 4fe4-(B) the opposing party must serve with the opposing memorandum all such materials in opposition to the motion. The movant may serve a reply memorandum with affidavits, declarations, or other materials provided that all such materials are strictly limited to rebuttal of matters raised in the opposing memorandum. Bvld]_ Orders Made Orally in Court. Unless the Court directs otherwise, all orders orally announced in Court shall be prepared in writing by the attorney for the prevailing party and taken to the Judge within two (2) days thereafter. S-rie) Emergency Motions. The Court may, upon written motion and good cause shown, waive the time requirements of this Local Rule and grant an immediate hearing on any matter requiring such expedited procedure. The motion shall set forth in detail the necessity for such expedited procedure. fh-(f) Applications Previously Refused. Whenever any motion or application has been made to any Judge or Magistrate Judge and has been refused in whole or in part, or has been granted conditionally, and a subsequent motion or application is made to a different District Judge or Magistrate Judge for the same relief in whole or in part, upon the same or any alleged different state of facts, it shall be the continuing duty of each party and attorney seeking such relief to present to the District Judge or Magistrate Judge to whom the subsequent application is made an affidavit setting forth the material facts and circumstances surrounding each prior application, including: (1) when and to what District Judge or Magistrate Judge the application was made; (2) what ruling was made thereon; and (3) what new or different facts and circumstances are claimed to exist which did not exist, or were not shown, upon the prior application. For failure to comply with the requirements of this Local Rule, any ruling made on the subsequent application may be set aside saa □pontcsua sponte or on ex partcex parte motion. Effective Dec. 1, 1994; amended effective April 15, 1996; April 15, 1997; April 15, 2000; April 1, 2004; April 15, 2005; April 15, 2006; April 15, 2007; April 15, 2009. Comments (1996) The contemporaneous service and filing requirements have been relaxed in recognition of the logistical problems posed by the requirement of Local Rule 5.I.B. that papers must be filed with the Clerk of the Court where the assigned Judge is chambered. Under amended Local Rules 5.I.B. and 7.I.C., opposing and reply memoranda must be filed within three business days after service of the memoranda. (1997) Addition of language to Local Rule 7.I.C.2. prohibiting the practice of filing multiple motions for summary judgment to evade page 18
limitations. (2000) The addition of subsection 7.1.A.3.(a) is intended to eliminate unnecessary motions and is based on M.D.Fla. Local Rule 3.01(g) and Local Rule 26.1.1. Subsection 7.1.A.3.(b) is intended merely to direct counsel to the pre-filing conference requirements of Local Rule 26.1.1 for discovery motions. (2004) Local Rule 7.1.A.3 is amended in conjunction with deletion of Local Rule 26.1.1's text to avoid confusion and clarify pre-filing conference obligations. Local Rule 7.1.A.4 is deleted in light of almost universal participation in the District's automated noticing program ("FaxBack"). The last sentence in Local Rule 7.1.C.2 is amended to prohibit, absent prior permission from the Court, the filing of multiple motions for partial summary judgment. This amendment is made in conjunction with the amendment of Local Rule 16.1.B.2 to emphasize the need to discuss at the scheduling conference of parties and/or counsel the number and timing of motions for summary judgment or partial summary judgment, and have the Scheduling Order address these issues. (2005) The addition of subsection 7.1.C.3 is intended to clarify the procedure for filing materials in support of or in opposition to a motion. (2006) Local Rule 7.1.B.3 is amended to assist the Court's expeditious determination of motions or other matters. Local Rule 7.1.C.I is amended to correspond to Federal Rule of Civil Procedure 6(e). (2007) Amended to conform to CM/ECF Administrative Procedures. (2009) Amended to add a requirement for the completion of a separate Certificate of Good Faith Conference. (2010) Amended to conform tabulation to the style used in the federal rules of procedure and change the calculation of time periods to correspond to the amendments to the various federal rules^ Sample Form Following Rule 7.1 CERTIFICATE OF GOOD FAITH CONFERENCE I hereby certify that counsel for the movant has conferred with all parties or non-parties who may be affected by the relief sought in this motion in a good faith effort to resolve the issues but has been unable to do so or has made reasonable efforts to confer with all parties or non-parties who may be affected by the relief sought in the motion, but has been unable to do so. ALTERNATIVELY, Attorney Name 19
Page 1 and 2: United States District Court Southe
Page 3 and 4: Administrative Order 94-51, In Re A
Page 5 and 6: e disclosed to the Clerk of the Cou
Page 7 and 8: Authority (1993) Former Local Rules
Page 9 and 10: compliance with the CM/ECF Administ
Page 11 and 12: Re: Repeal of Local Rule 5.2.D and
Page 13 and 14: and Court filings are matters of pu
Page 15 and 16: supplanting original electronic fil
Page 17: the date of any hearing held on the
Page 21 and 22: A. Motions for Attornoyo Food and/o
Page 23 and 24: substantially similar to) AO 133 of
Page 25 and 26: Authority (1993) Former Local Rule
Page 27 and 28: Roll of Attorneys. The Bar of this
Page 29 and 30: Except as otherwise ordered by a Ju
Page 31 and 32: If the complaint alleges a violatio
Page 33 and 34: Comments (1993) This Local Rule has
Page 35 and 36: Rule 16.1^A(a) above; 4fef(B) The d
Page 37 and 38: the specific acts or omissions reli
Page 39 and 40: anticipated; and with the Court's p
Page 41 and 42: of Mediators. j^(l) Certification o
Page 43 and 44: Procedures to Refer a Case or Claim
Page 45 and 46: : : . ORDER OF REFERRAL Trial havi
Page 47 and 48: : . ORDER SCHEDULING MEDIATION The
Page 49 and 50: or to the Chief Judge's designee. E
Page 51 and 52: class action plaintiff move, within
Page 53 and 54: conducted until after the expert su
Page 55 and 56: discovery or for a protective order
Page 57 and 58: (1996)[I.] The "attempt to confer"
Page 59 and 60: depositions or hearings made necess
Page 61 and 62: (2010) Amended to conform tabulatio
Page 63 and 64: In cases of a post-judgment writ of
Page 65 and 66: victim if the announcement is not o
Page 67 and 68: 9029 does not suggest that such a d
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Motions for Stay and Other Intermed
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for example, the disposition of a m
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and costs of the proceedings refere
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posted and forfeited in lieu of app
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individualization, or time limits,
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Effective Dec. 1, 1994. Amended eff
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(1996) A. Removes any explicit requ
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K-s-(k) The government shall, upon
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When a defendant is arrested after
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4. No provision of the Discovery Pr
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(5) Stays or Limitation of Discover
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subject to the objection. A lawyer
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d. The videographer shall certify t
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B. Procedures Governing Manner of P
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answer. Interrogatories propounded
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producing party may be required to
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occurs, counsel for movant must spe
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MS Excel Spreadsheet); (2) the gene
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I am the defendant named above. I h
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security; all process shall be issu
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As noted in the revised Local Admir
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If the seizure was predicated upon
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(2000) Local Admiralty Rule B(7) is
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Local Admiralty Rules. 4feH2) Proof
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Cir.1981); Merchants Nat'l Bank v.
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filed pursuant to Supplemental Rule
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Counsel for the intervening party s
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equired by Local Admiralty Rule B(5
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43-HC) Execution of Process. The ar
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Any order issued pursuant to this s
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(2) Involuntary Dismissal. If the C
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the "Request for Confirmation of Sa
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A concern was expressed about the p
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Publication of the Notice. Immediat
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Defendant. PROCESS OF ATTACHMENT
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Defendant. WARRANT FOR ARREST IN R
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(4) The vessel is currently berthed
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Attorney Name (Bar Number Typed Nam
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the Court to enter an Order directi
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THEREFORE, in light of the facts pr
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located and to be found at and desc
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Defendant. AFFIDAVIT (Foreign Attac
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B^-(B) Motions for judgment on the
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Effective Dec. 1, 1994; amended eff
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States Code, Section 636(b)(1)(B).
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) Plaintiff,) ) vs.) ) Defendant.)
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Rule 3. Retention of Membership in
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j— (i) Referral. Any District Jud
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Effective Dec. 1, 1994. Amended eff
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cause for such withdrawal is furnis
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Comments (1996) Section A. and B.2.
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Jurisdiction and Powers. (1) The Co
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Court shall issue an order requirin
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jfc-r (1) the procedure in that oth
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If after meeting with the attorney
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the reinstatement proceeding. Effec
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JAN j 6 2010 - United States District Court

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