FL-MD — Discovery & Magistrate Referral

M.D. Fla. magistrate judges have broad authority. L.R. 1.02(a): "A United States magistrate judge in the Middle District can exercise the maximum authority and perform any duty permitted by the Constitution and other laws of the United States." The chief judge issues an administrative order delineating the specific authority of magistrate judges. L.R. 1.02(b).

Objections to magistrate judge orders and R&Rs. Capped at 10 pages; responses also capped at 10 pages. L.R. 3.01(b), (c).

Case management report. Required in most civil actions. L.R. 3.02(a): parties must conduct the planning conference "in person, by telephone, or by comparable means" and file a case management report using the standard form. Deadlines:

• 40 days after any defendant appears in an originating action (L.R. 3.02(b)(1))
• 40 days after docketing of a removed or transferred action (L.R. 3.02(b)(2))
• 70 days after service on the United States attorney in actions against the United States (L.R. 3.02(b)(3))

Excepted proceedings. L.R. 3.02(d) lists 11 categories exempt from the case management report requirement, including administrative-record review cases, forfeiture actions, habeas actions, pro se prisoner cases, actions to enforce subpoenas, and appeals of bankruptcy court orders.

Deposition notice. L.R. 3.04: 14 days written notice required for depositions and subpoenas duces tecum.

Stipulations. L.R. 3.05: a stipulation is effective only if the opposing party (a) has confirmed it in writing, (b) has stipulated on the record including during a deposition, or (c) concedes the existence of the stipulation. Oral stipulations not on the record are unenforceable.

Mediation. Required by judge order in most civil actions. L.R. 4.01, 4.03. Mediators must be Middle District-certified Florida Bar members. L.R. 4.02(b). Attendance in person is required unless parties agree otherwise. L.R. 4.03(d). Unexcused absence is sanctionable. L.R. 4.03(e).