JAN j 6 2010 - United States District Court

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and a motion for costs, which arises in circumstances other than those listed in Title 28, United States Code, Section 1920. (2010) Amended to conform tabulation to the style used in the federal rules of procedure and provide a new procedure for the resolution of an attorney fees and/or costs motion, including elimination of the requirement of an expert witness. Rule 7.5 Motions for Summary Judgment ftri-(a) Motions for Summary Judgment. Motions for summary judgment shall be accompanied by a memorandum of law, necessary affidavits, and a concise statement of the material facts as to which the movant contends there exists no genuine issue to be tried. B-r(b) Opposition Papers. The papers opposing a motion for summary judgment shall include a memorandum of law, necessary affidavits, and a single concise statement of the material facts as to which it is contended that there exists a genuine issue to be tried. e-r(c) Statement of Material Facts. The statement of material facts submitted either in support of or in opposition to a motion for summary judgment shall: 3r^-(l) Not exceed ten (10) pages in length; S-r(2) Be supported by specific references to pleadings, depositions, answers to interrogatories, admissions, and affidavits on file with the Court; and 3-^(3) Consist of separately numbered paragraphs. Statements of material facts submitted in opposition to a motion for summary judgment shall correspond with the order and with the paragraph numbering scheme used by the movant, but need not repeat the text of the movant's paragraphs. Additional facts which the party opposing summary judgment contends are material shall be numbered and placed at the end of the opposing party's statement of material facts; the movant shall use that numbering scheme if those additional facts are addressed in the reply. &^-(d) Effect of Failure to Controvert Statement of Undisputed Facts. All material facts set forth in the movant's statement filed and supported as required by Local Rule 7.5-r€(c) will be deemed admitted unless controverted by the opposing party's statement, provided that the Court finds that the movant's statement is supported by evidence in the record. &i-(e) Briefing Schedule. fts—oral—argument—is—aefe—a 1waya—achcdulcd—en motiona—f-ea?—aummary iudcrmentUnless otherwise specifically ordered by the Court, the briefing schedule in Local Rule 7.1 ahall applvin Federal Rule of Civil Procedure 56 shall apply. Effective Dec. 1, 1994; amended effective April 15, 1999; April 15, 2002; April 15, 2005; April 15, 2007; April 15, 2008. 24
Authority (1993) Former Local Rule 10J. Comments (1993) Deletes specific briefing schedule and reference to submitting envelopes. These are covered by the general motion Local Rule. (1999) Adds a page limit for the statement of material facts and makes clear that only one such statement shall be submitted with a motion for summary judgment. (2002) This Local Rule is amended to require specific references to materials on file with the Court to support or controvert the movant' s statement of undisputed facts. The "on file with the Court" language will require litigants to file any materials on which they intend to rely or to which they refer. This is in accord with the practice contemplated by Federal Rule of Civil Procedure 5(d)(1), as amended effective December 1, 2000. The Advisory Committee Notes to the December 2000 amendments make clear that, with regard to voluminous materials, only those parts actually used need to be filed, with any other party free to file other pertinent portions of the materials that are so used. See Fed.R.Evid. 106; cf. Fed.R.Civ.P. 32 (a) (4). Therefore, only the portions of deposition transcripts actually "used" need be filed. (2005) Local Rule 7.5.D is amended to clarify that the Court will not grant summary judgment unless supported by a review of evidence in the record. See United States v. One Piece of Real Prop. Located at 5800 S.W. 74th Ave., Miami, Fla., 3S3 F.3d 1099, 1103 n. 6 (11th Cir. 2004). (2008) Local Rule 7.5.C is amended to ensure that statements of material facts filed by movants and opponents shall correspond with each other in numerical order so as to make review of summary judgment motions less burdensome to the Court. (2010) Amended to conform tabulation to the style used in the federal rules of procedure. Rule 7.6 Continuances of Trials and Hearings A continuance of any trial, pretrial conference, or other hearing will be granted only on exceptional circumstances. No such continuance will be granted on stipulation of counsel alone. However, upon written notice served and filed at the earliest practical date prior to the trial, pretrial conference, or other hearing, and supported by affidavit setting forth a full showing of good cause, a continuance may be granted by the Court. Effective Dec. 1, 1994. Authority 25
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 and 18: the date of any hearing held on the
Page 19 and 20: limitations. (2000) The addition of
Page 21 and 22: A. Motions for Attornoyo Food and/o
Page 23: substantially similar to) AO 133 of
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
Page 69 and 70: Motions for Stay and Other Intermed
Page 71 and 72: for example, the disposition of a m
Page 73 and 74: 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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