Procedures verified June 25, 2026
Magistrate Judge Yeney Hernandez -- 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. The chambers email requesting a hearing must contain ZERO argument or case background -- only scheduling logistics. Slipping argument into the scheduling email violates the procedure. Argument goes only in the Notice of Hearing filed within 1 business day of confirmation.
- 2. Filing a FRCP 37 motion without first going through the chambers email process means the motion will be stricken -- this is explicitly stated in the published procedures.
- 3. The Notice of Hearing is capped at 5 pages per side and must frame issues ONLY. No argument. The 5-page Notice plus its three required exhibits (proposed order, source materials, legal citations) is the entire pre-hearing record.
- 4. The 28-day window under L.R. 26.1(g) is strictly enforced, and Judge Hernandez also strictly enforces L.R. 26.1(d): no court intervention after the discovery cutoff date. Parties cannot wait until the cutoff to raise disputes.
- 5. Rule 30(b)(6) scope objections must be served (not filed) in advance of the deposition and are adjudicated after the deposition -- they are not a basis to cancel or postpone a deposition.
Quick Reference
| Topic | Rule |
|---|---|
| Motion Days | No standing motion calendar. Hearings set by the court after the chambers email process is completed. For discovery disputes, parties must email chambers with proposed dates before any notice of hearing is filed. [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 | Not specified in published procedures. |
| Discovery | This judge is the assigned magistrate judge for discovery disputes referred by the district court. Judge Hernandez operates under the strictest Model A pathway in the district: no discovery motion under FRCP 37 without leave. [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 after the chambers email process is completed. For discovery disputes, parties must email chambers with proposed dates before any notice of hearing is filed. [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). Judge Hernandez strictly enforces this deadline -- no court intervention after the discovery cutoff date. [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
Per Local Rules (S.D. Fla. L.R. 7.1(a)(2)): Word format emailed to chambers per CM/ECF Administrative Procedures for routine motions. For discovery disputes: attach proposed order as Exhibit A to the Notice of Hearing. [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 unless set by the Court. For discovery disputes, the chambers email process sets the hearing. [S.D. Fla. L.R. 7.1(b)(2)]
Remote Appearances
Not specified in published procedures.
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Background Rules
Chambers Contact
Email communications between counsel are not evidence -- do not file conferral emails with the court. The initial chambers email for a hearing must contain NO argument. Chambers email: Chambers_Hernandez@flsd.uscourts.gov (note: this is a chambers@ address, not Hernandez@). [Judge Hernandez Discovery Procedures PDF]
Discovery Referral
This judge is the assigned magistrate judge for discovery disputes referred by the district court. Judge Hernandez operates under the strictest Model A pathway in the district: no discovery motion under FRCP 37 without leave. [S.D. Fla. L.R. 7.1(b)(3)]
Discovery Dispute Procedure District-default
Model A (strictest in district) -- No motion without leave. 'The parties shall not raise discovery disputes by motion under Federal Rule of Civil Procedure 37 absent leave of the Court. All discovery motions filed without leave will be stricken.' Exact required procedure: (1) Email Chambers_Hernandez@flsd.uscourts.gov within the 28-day window, copying all counsel. Email subject must be: 'Request for Discovery Hearing on [Case Number and Case Name]'. (2) Provide three or more dates within the next 10 days when ALL counsel are available; specify morning, afternoon, or all-day for each. (3) The email must contain NO argument or background about the dispute -- only scheduling logistics. (4) Within 1 business day of court confirming the hearing: file a Notice of Hearing (no more than 5 pages per side) framing the issues ONLY -- no argument in the Notice. (5) Notice must attach: (A) proposed order with specific relief requested; (B) all source materials; (C) list of legal citations plus copies of authorities (may highlight passages and add parentheticals, but no argument). (6) No additional materials after the Notice is filed without leave to amend. Hearings are 30 minutes per side unless moving party requests more time in the initial email. Hearing format is not informal -- be fully prepared. [Judge Hernandez Discovery Procedures PDF]
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
Not specifically addressed in published procedures. Follow the district judge's settlement instructions in your case.
Lead Counsel
Not specified.
Under Seal Filings
Per S.D. Fla. L.R. 5.4.
Continuances & Calendar Conflicts
Per Local Rules. Contact chambers to reschedule any hearing set.
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AI & Style Preferences
AI Disclosure Requirement
Not specified.
Additional Notes
Sources: Judge Hernandez's Discovery Procedures PDF (7 pages) from chambers page. Judge Hernandez runs the most structured and strictly enforced Model A procedure in the district. The chambers email address is Chambers_Hernandez@flsd.uscourts.gov (not hernandez@). Hearings are 30 minutes per side by default -- request additional time in the initial scheduling email if needed.
Sources & Currency
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Procedures verified June 25, 2026.
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