JAN j 6 2010 - United States District Court

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the findings required by that subdivision. 3-r-(c) In ruling on any motion by a putative class action plaintiff for a determination under Federal Rule of Civil Procedure 23(c)(l) as to whether an action is to be maintained as a class action, the Court may allow the action to be so maintained, may disallow and strike the class action allegations, or may order postponement of the determination pending discovery or such other preliminary procedures as appear to be appropriate and necessary in the circumstances. Whenever possible, where it is held that the determination should be postponed, a date will be fixed by the Court for renewal of the motion. 4-r(d) The foregoing provisions shall apply, with appropriate adaptations, to any counterclaim or crossclaim alleged to be brought for or against a class. Effective Dec. 1, 1994; amended effective April 15, 1996; April 15, 2001; April 15, 2004; April 15, 2007. Authority (1993) Former Local Rule 19. Renumbered per Model Rules. In accordance with Model Rule 23.1. Comments (1996) Local Rule 23.1 has been amended to delete Sections B and C in their entirety. Sections B and C of Local Rule 23.1 had been modeled verbatim from the Manual for Complex Litigation App. Sec. 1.41. Section B barred counsel for parties in class actions to communicate directly or indirectly with potential or actual class members without advance approval from the Court. Section C created exceptions for attorney-client communications initiated by a client or a prospective client, and communications by public officials in the regular course of business or in the performance of their duties. Section B has been deleted to conform to the United States Supreme Court's ruling in Gulf Oil Co. v. Bernard, 452 U.S. 89 (1981) . In that case the Supreme Court found that a district court order using language identical to Sections B and C was inconsistent with the general policies embodied in Federal Rule of Civil Procedure 23. The Court held that any order limiting communications between parties and potential class members "should be based on a clear record and specific findings that reflect a weighing of the need for a limitation and the potential interference with the rights of the parties." Id. at 101. Because Gulf Oil requires that such orders be issued on a case-by-case basis, the general prohibition of Section B is unacceptable. In light of the deletion of Section B, the exceptions to that section created by Section C have also been deleted. (2001) Corrects typographical error. (2004) Local Rule 23.1.3 is amended to delete the requirement that a 50
class action plaintiff move, within ninety days after the filing of the complaint, for a determination under Federal Rule of Civil Procedure 23(c)(1) as to whether the action should be maintained as a class action, to conform to the December 2003 amendment to Federal Rule of Civil Procedure 23(c)(1)(A), which clarifies that a Court may defer the decision on whether to certify a class if it is prudent to do so. (2010) Amended to conform tabulation to the style used in the federal rules of procedure. Rule 24.1 Constitutional Challenge to Act of Congress or State Statute j>n-(a) Act of Congress. Upon the filing of any action in which the constitutionality of an Act of Congress affecting the public interest is challenged, and to which action the United States or an agency, officer, or employee thereof is not a party in its or their official capacity, counsel representing the party who challenges the Act shall forthwith notify the Court of the existence of the constitutional question. The notice shall contain the full title and number of the action and shall designate the statute assailed and the grounds upon which it is assailed, so that the Court may comply with its statutory duty to certify the fact to the Attorney General of the United States as required by Title 28, United States Code, Section 2403. The party challenging constitutionality shall also so indicate on the pleading or paper which first does so by stating, immediately following the title of the pleading or paper, "Claim of Unconstitutionality." B-r(b) State Statute. Upon the filing of any action in which the constitutionality of a state statute, charter, ordinance, or franchise is challenged, counsel shall comply with the notice provisions of Florida Statutes Section 86.091. €-r(c) No Waiver. Failure to comply with this Local Rule will not be grounds for waiving the constitutional issue or for waiving any other right the party may have. Any notice provided under this rule, or lack of notice, will not serve as a substitute for, or as a waiver of, any pleading requirements set forth in the Federal Rules of Civil Procedure or statutes. Effective Dec. 1, 1994. Amended effective April 15, 2007. Authority (1993) Former Local Rule 9; Model Rule 24.1. (2010) Amended to conform tabulation to the style used in the federal rules of procedure. Rule 26.1 Discovery and Discovery Material (Civil) At (a) Initial Disclosures. Except in categories of proceedings specified in Federal Rule of Civil Procedure 26 (a) (1) (E) , or to the extent otherwise stipulated or directed by order, a party must comply with the disclosure obligations imposed under Federal Rule of Civil Procedure 51
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 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: or to the Chief Judge's designee. E
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
Page 75 and 76: posted and forfeited in lieu of app
Page 77 and 78: individualization, or time limits,
Page 79 and 80: Effective Dec. 1, 1994. Amended eff
Page 81 and 82: (1996) A. Removes any explicit requ
Page 83 and 84: K-s-(k) The government shall, upon
Page 85 and 86: When a defendant is arrested after
Page 87 and 88: 4. No provision of the Discovery Pr
Page 89 and 90: (5) Stays or Limitation of Discover
Page 91 and 92: subject to the objection. A lawyer
Page 93 and 94: d. The videographer shall certify t
Page 95 and 96: B. Procedures Governing Manner of P
Page 97 and 98: answer. Interrogatories propounded
Page 99 and 100: 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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