All local rules for M.D. Fla., integrated with this judge's published requirements.
If a dispute arises during a deposition in a case in which Judge Lammens is the assigned Magistrate Judge, counsel and any unrepresented parties may contact chambers to ascertain whether the Judge is available to consider the disputed issue by telephone.
(b) LENGTH AND CONTENT OF A MOTION, A BRIEF, OR AN OBJECTION. A motion must include — in a single document no longer than twenty-five pages — a concise statement of the precise relief requested, a statement of the basis for the request, and a legal memorandum supporting the request. M.D. Fla. Local Rule 3.01(b) ↗
(c) LENGTH AND CONTENT OF A RESPONSE. A party responding to a motion or brief may file a legal memorandum no longer than twenty pages. M.D. Fla. Local Rule 3.01(c) ↗
(e) NO REPLY AS A MATTER OF RIGHT. Except for a reply to a motion for summary judgment or a reply brief in a social security action, no party may reply without leave. A motion for leave to reply must not exceed three pages; must specify the need for, and the length of, the proposed reply; and must not include the proposed reply. No response to a motion for leave to reply is permitted. A party may reply to a response to a motion for summary judgment within fourteen days after service of the response. A reply must not exceed seven pages. M.D. Fla. Local Rule 3.01(e) ↗
(d) TIME TO RESPOND. A party may respond to a motion within fourteen days after service of the motion. However, a party may respond within twenty-one days after service to a motion to dismiss, for judgment on the pleadings, for summary judgment, to exclude or limit expert testimony, to certify a class, for a new trial, or to alter or amend the judgment. If a party fails to timely respond, the motion is subject to treatment as unopposed. M.D. Fla. Local Rule 3.01(d) ↗
Silent on motion hearing days. M.D. Fla. Local Rule 3.01 (silent) ↗
(k) NO PROPOSED ORDER. Unless otherwise permitted by these rules, no party in a civil action may submit a proposed judgment or other order without leave. M.D. Fla. Local Rule 3.01(k) ↗
Proposed Orders If the Court requests a proposed order, a copy should be submitted in Microsoft Word® format to the chambers email. Generally, parties should not submit proposed orders unless directed to.
Confidentiality Orders Confidentiality orders should be limited to documents or specific categories of documents that are subject to confidential treatment under prevailing law. Judge Lammens will not issue blanket confidentiality orders that provide that any information designated by the parties as confidential will be protected. However, the parties are free to enter into private confidentiality agreements. Under Fed. R. Civ. P. 26 (c), good cause must be shown before a protective order will be granted. In rare circumstances, the Court may order the filing of information under seal. See Middle District Discovery Handbook Section I. C. 2. If a request for filing under seal is made, the Eleventh Circuit precedent setting forth the governing standard and the public's interests, as well as the requirements of Local Rule 1.11, should be addressed. See U.S. v. Rosenthal, 763 F.2d 1291, 1293 (11th Cir. 1985); Nixon v. Warner Communications, Inc., 435 U.S. 589, 597 (1978); Chicago Tribune Co. v. Bridgestone/Firestone, Inc., 263 F.3d 1304, 1311-12 (11th Cir. 2001); Globe Newspaper Co. v. Superior Court for Norfolk County, 457 U.S. 596, 606-07 (1982); Microlumen, Inc. v. Allegrati, Case No. 8:07-cv-350-T-17TBM, 2007 WL 1247068 (M.D. Fla. April 30, 2007).
(i) ORAL ARGUMENT OR EVIDENTIARY HEARING. A party must request oral argument or an evidentiary hearing in a separate document accompanying the party’s motion or response and stating the time necessary. M.D. Fla. Local Rule 3.01(i) ↗
However, counsel for the parties should conduct a good faith conference pursuant to Local Rule 3.01(g) on the record before involving the court. Source ↗
Hearings and Oral Argument Hearings on motions are scheduled at the written request of the parties or, from time to time, by order of the judge without the request of the parties. Witnesses and other evidence are generally not permitted at oral argument unless permission to present evidence is obtained from the Court before the hearing. For planning purposes, this should be sought with sufficient time in advance of the hearing to allow the Court and opposing counsel to prepare. Counsel and unrepresented parties who wish to present argument are generally required to appear in court in person. Oral arguments and evidentiary hearings will be scheduled by the courtroom deputy. Although in person appearances are presumed, telephonic or video appearances may be granted – for good cause – upon the request of counsel through a motion filed with the Court. Source ↗