Procedures verified June 25, 2026
Magistrate Judge Marty Fulgueira Elfenbein -- United States District Court, Southern District of Florida
Wilkie D. Ferguson, Jr. United States Courthouse, 400 North Miami Avenue, Miami, FL 33128
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Key Traps — Where Counsel Gets Caught
- 1. Filing a Rule 37 discovery motion without first contacting chambers will result in it being stricken. Model A requires leave of court before any written discovery motion -- contact Elfenbein@flsd.uscourts.gov to schedule the hearing first.
- 2. Do not call chambers seeking an immediate ruling during a deposition. This is an explicit prohibition in Judge Elfenbein's published procedures.
- 3. FLSA settlement conferences: the pre-conference settlement memorandum is NOT required (unique exemption). But all other civil cases must submit confidential memos per the conference order.
- 4. Settlement conferences are in-person. Zoom is permitted only for truly extraordinary circumstances -- the default is physical presence, party with full settlement authority included.
Quick Reference
| Topic | Rule |
|---|---|
| Motion Days | No standing motion calendar. Hearings set by the court as needed. For discovery disputes, contact chambers after personal conferral to schedule a hearing -- do not file a motion without leave of court. [S.D. Fla. L.R. 7.1(b)(1)] |
| Motion Limit | Per Local Rules (S.D. Fla. L.R. 7.1(c)(2)): 20 pages maximum for motion and incorporated memorandum. [S.D. Fla. L.R. 7.1(c)(2)] |
| Reply Limit | Per Local Rules (S.D. Fla. L.R. 7.1(c)(2)): 10 pages maximum. [S.D. Fla. L.R. 7.1(c)(2)] |
| Chambers Copies | ✗ Not required Not required. |
| Tentative Rulings | Not issued. FL-SD does not use a tentative ruling system. |
| Remote Appearances | Settlement conferences: in-person required. Zoom permitted only for truly extraordinary circumstances. |
| Discovery | This judge is the assigned magistrate judge for discovery disputes referred by the district court. Judge Elfenbein operates under the Model A pathway: no written discovery motion without leave of court. [S.D. Fla. L.R. 7.1(b)(3)] |
Procedural Briefing by Motion Type
C.D. Cal. · Standing Orders
Procedural Requirements
Key Traps
Compare to Other C.D. Cal. Judges
Procedural facts only. Judges shown to illustrate variance in this district.
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Before You File
Motion Days & Times
No standing motion calendar. Hearings set by the court as needed. For discovery disputes, contact chambers after personal conferral to schedule a hearing -- do not file a motion without leave of court. [S.D. Fla. L.R. 7.1(b)(1)]
Notice Period
Per Local Rules. For discovery disputes, all disputes must be raised within the 28-day window under S.D. Fla. L.R. 26.1(g). [S.D. Fla. L.R. 7.1(c)(1)]
Motion Page / Word Limit
Per Local Rules (S.D. Fla. L.R. 7.1(c)(2)): 20 pages maximum for motion and incorporated memorandum. [S.D. Fla. L.R. 7.1(c)(2)]
Opposition Limit
Per Local Rules (S.D. Fla. L.R. 7.1(c)(2)): 20 pages maximum. [S.D. Fla. L.R. 7.1(c)(2)]
Reply Limit
Per Local Rules (S.D. Fla. L.R. 7.1(c)(2)): 10 pages maximum. [S.D. Fla. L.R. 7.1(c)(2)]
Font & Formatting
Per S.D. Fla. L.R. 5.1 (double-spaced, Times New Roman 12-point).
Footnote Policy
Not specified.
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At Filing
Chambers Copies
✗ Not required
Not required.
Proposed Orders
Email proposed orders in Word format to Elfenbein@flsd.uscourts.gov. Per Local Rules (S.D. Fla. L.R. 7.1(a)(2)) for routine motions. [S.D. Fla. L.R. 7.1(a)(2)]
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Before the Hearing
Tentative Rulings
Not issued. FL-SD does not use a tentative ruling system.
Prohibition / Ex Parte Contact Re Tentatives
N/A.
Oral Argument
No hearing held unless set by the Court. For discovery disputes, contact chambers after conferral to request a hearing. [S.D. Fla. L.R. 7.1(b)(2)]
Remote Appearances
Settlement conferences: in-person required. Zoom permitted only for truly extraordinary circumstances.
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Background Rules
Chambers Contact
Contact chambers by email at Elfenbein@flsd.uscourts.gov for proposed orders and scheduling. Do not call chambers seeking an immediate ruling during a deposition. Do not file discovery motions without first obtaining leave. [Judge Elfenbein -- Chambers Procedures]
Discovery Referral
This judge is the assigned magistrate judge for discovery disputes referred by the district court. Judge Elfenbein operates under the Model A pathway: no written discovery motion without leave of court. [S.D. Fla. L.R. 7.1(b)(3)]
Discovery Dispute Procedure District-default
Model A -- No motion without leave. Written discovery motions are not permitted without leave of Court. Required sequence: (1) Confer personally -- in-person or telephone required; email alone is not sufficient. (2) If unresolved, contact chambers at Elfenbein@flsd.uscourts.gov to schedule a hearing. (3) Court issues a standing discovery order upon referral with case-specific procedures. Do not file a Rule 37 motion before receiving leave. Counsel shall not call chambers to seek an immediate ruling during a deposition. Attorneys with 5 or fewer years of experience are encouraged to argue. [Judge Elfenbein -- Chambers Procedures]
Ex Parte Applications
Per S.D. Fla. L.R. 5.4(d): Include 'ex parte' in title; restricted from public docket upon submission. [S.D. Fla. L.R. 5.4(d)]
Settlement Notification
Settlement conferences are in-person by default; Zoom permitted only in truly extraordinary circumstances. FLSA cases: exempt from the pre-conference settlement memorandum requirement (unique to Judge Elfenbein -- all other FL-SD magistrates require the memo). Standard cases must submit confidential settlement memos per the case-specific conference order. Conferences begin at 9 a.m. and continue until at least 12 p.m. Party with full settlement authority must attend. [Judge Elfenbein -- Chambers Procedures]
Lead Counsel
Not specified. Attorneys with 5 or fewer years of experience are encouraged to argue.
Under Seal Filings
Per S.D. Fla. L.R. 5.4.
Continuances & Calendar Conflicts
Per Local Rules. Contact chambers to reschedule any hearing already set.
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AI & Style Preferences
AI Disclosure Requirement
Not specified.
Additional Notes
Sources: Judge Elfenbein's chambers page (6 inline tabs). Judge Elfenbein is a Model A magistrate judge: written discovery motions require leave of court. The FLSA settlement memo exemption is unique to this judge among FL-SD magistrates. Chambers email: Elfenbein@flsd.uscourts.gov.
Sources & Currency
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Procedures verified June 25, 2026.
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