judge console · M.D. Fla.
M.D. Fla. · Judge Lammens · Practice Guide

Hon. Philip Lammens

All local rules for M.D. Fla., integrated with this judge's published requirements.

Before You File
Contacting chambers
👤 Judge Lammens — standing order

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.

Drafting the Motion
Length limits — motion, opposition, reply
🏛 M.D. Fla. local rule
Motion

A motion must include — in a single document no longer than 25 pages — a concise statement of the precise relief requested, a statement of the basis for the request, and a legal memorandum supporting the request. The 25-page limit covers the motion and memorandum together. M.D. Fla. L.R. 3.01(b) ↗

Opposition

Response memorandum may not exceed 20 pages. Response due within 14 days after service for most motions; 21 days for motions to dismiss, judgment on the pleadings, summary judgment, to exclude or limit expert testimony, to certify a class, for new trial, or to alter or amend judgment. M.D. Fla. L.R. 3.01(c)–(d) ↗

Reply

Replies require leave of court except for summary judgment replies, which are permitted as of right: 7 pages maximum, due within 14 days after service of the response. For all other motions, no reply without leave. M.D. Fla. L.R. 3.01(e) ↗

Filing & Scheduling
Briefing schedule & hearing date
🏛 M.D. Fla. local rule
Notice period

FL-MD uses a response-deadline model, not a noticed motion-day calendar. File the motion; opponent has 14 days to respond (21 days for complex motions: MTD, MSJ, class certification, new trial, alter/amend). No motion day or return date is required on the filing. M.D. Fla. L.R. 3.01(c)–(d) ↗

Hearing days

FL-MD uses a response-deadline model with no fixed motion-day calendar. Motions are submitted on the papers; the court rules without a hearing date unless a party requests oral argument under L.R. 3.01(i). Opposition is due 14 days after service (21 days for MTD, MSJ, and similar complex motions). M.D. Fla. L.R. 3.01(d) ↗

Proposed orders
🏛 M.D. Fla. local rule

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. L.R. 3.01(k) ↗

👤 Judge Lammens — standing order

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.

Filing under seal
👤 Judge Lammens — standing order

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).

The Hearing
Oral argument
🏛 M.D. Fla. local rule

Oral argument is not automatic. A party must affirmatively request it in a separate document accompanying the motion or response, stating the time needed. If not requested, the motion will be decided on the papers. M.D. Fla. L.R. 3.01(i) ↗

Discovery
Discovery referral procedure
🏛 M.D. Fla. local rule

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 must issue and publicize with the local rules an administrative order that delineates the authority and describes the duties of a United States magistrate judge. The chief judge can amend the administrative order as needed. M.D. Fla. L.R. 1.02 ↗

Know Before You Go
👤 Judge Lammens — deviations that burn people
  • - No proposed orders unless specifically requested or directed by the court.
  • - LR 3.01(g) good-faith conference required on the record before contacting chambers about deposition disputes.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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