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Southern District of Florida Administrative Order 2009-51

Southern District of Florida Administrative Order 2009-51

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Published by: FloridaLegalBlog on Nov 17, 2009
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01/06/2010

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UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDAADMINISTRATIVE ORDER 2009-5
1
IN
RE:
INTERIM AMENDMENTS TOTIME CALCULATIONS
IN
THELOCAL RULES
1
FILED
by
D.C.
NOV
-
9
2009
STEVEN
M.
LARIMORECLERK
U.
S. DIST. CT.
S.
D.
of
FLA.
-
MIAMI
Due to several discrepancies in the attachments to Administrative Order 2009-34 andSupplemental Administrative Order 2009-34, the Court vacates those orders. This AdministrativeOrder is intended to supercede those orders in their entirety.For the reasons set forth below, the petition of the Ad Hoc Committee on Rules andProcedures for an Administrative Order concerning the calculation of time periods under the LocalRules is GRANTED.This Court amends its various local rules on an annual cycle corresponding to the issuanceof new rules books for Florida federal practitioners by West Publishing Company, after a period ofpublic comment, notice, and an opportunity to be heard in accordance with Fed. R. Civ. P. 83 andFed. R. Crim. P.
57.
Substantial changes to the manner in which dates are calculated in the various Federal Rulesof Procedure have been approved this year and will go into effect on December 1, 2009. TheCommittee has prepared corresponding amendments to the Local Rules, the Discovery Handbook,the Rules Governing Attorney Discipline, the Magistrate Judge Rules, and the Admiralty Rules.These, however, will not go into effect until April 15, 2010, subject to the notice and commentprocedures described above.To avoid any discrepancy between the manner in which time is calculated under the various
 
Federal Rules of Procedure and the Local Rules of this District during the interim period of December1, 2009 when the amendments to the Federal Rules go into effect and April 15, 2010 when thecorresponding amendments to the Local Rules will go into effect, the Committee has requested thattime-calculation changes to the above rules be set forth as
an
attachment to
an
Administrative Order,to be in effect during the interim period. The Court has determined that this is appropriate, and it isORDERED that the modifications to the Local Rules, the Discovery Handbook, the RulesGoverning Attorney Discipline, the Magistrate Judge Rules, and the Admiralty Rules shown on theattached table shall be effective as of December 1,2009. This Order shall expire on April 15,2010.It is furtherORDERED that the Clerk of the Court is directed to post this Order, with the attached table,on the Court's website, and to take such other measures as he deems necessary to advise membersof the Bar of the United States District Court for the Southern District of Florida of the forthcomingchanges in time calculations in the Local Rules.
P
4
DONE AND ORDERED in Chambers at Miami, Florida this day of November 2009.CHIEF UNITED STATES DISTRICT JUDGECopies provided to:Honorable Joel
F,
Dubina, Chief Judge, United States Court of Appeals for the Eleventh CircuitAll Southern District and Magistrate JudgesCircuit ExecutiveThomas Meeks, Chair, Ad Hoc Committee on Rules and ProceduresAll members of the Ad Hoc Committee on Rules and ProceduresLibraryDaily Business Review
 
TABLE OF INTERIM RULES CHANGESUnited States District Court for the Southern District of FloridaEffective December 1,2009
-
pril 15,2010Local Rule Existing Language
With respect to:
...
any motion or othermatter as to which the Court has conducted ahearing but has not entered an order orotherwise determined the motion or matterwithin ninety days of the hearing, the movantor applicant, whether party or non-party,shall file and serve on all parties and anyaffected non-parties a "Notification of NinetyDays Expiring" which shall contain thefollowing information:
...
he date of anyhearing held on the motion or other matter.The "Notification of Ninety Days Expiring"shall be filed within ten days of theexpiration of the applicable ninety dayperiod.
Memorandum of Law.
Each party opposinga motion shall serve an opposingmemorandum of law no later than ten daysafter service of the motion as computed inthe Federal Rules of Civil Procedure.Failure to do so may be deemed sufficientcause for granting the motion by default.The movant may, within five days afterservice of an opposing memorandum of law,serve a reply memorandum in support of themotion, which reply memorandum shall bestrictly limited to rebuttal of matters raised inthe memorandum in opposition withoutreargument of matters covered in themovant's initial memorandum of law. Nofurther or additional memoranda of law shallbe filed without prior leave of Court.
1.
Time. Time shall be computed under thisLocal Rule as follows:(a) If the motion or memorandum was servedby mail or filed via CM/ECF, count ten days(five days for a reply) from the date themotion, response, or memorandum to whichone is responding was certified as havingbeen mailed or filed via CMIECF. Do notinclude Saturdays, Sundays, or legalholidays. Beginning on the next calendar
Interim Language
With respect to:
...
any motion or othermatter as to which the Court has conducted ahearing but has not entered an order orotherwise determined the motion or matterwithin ninety
(90)
days of the hearing, themovant or applicant, whether party or non-party, shall file and serve on all parties andany affected non-parties a "Notification ofNinety Days Expiring" which shall containthe following information:
...
he date of anyhearing held on the motion or other matter.The "Notification of Ninety Days Expiring"shall be filed within fourteen (14) days ofthe expiration of the applicable ninety
(90)
day period.
Memorandum of Law.
Except with respectto a response or reply to a motion forsummary judgment, the time for which isgoverned by Federal Rule of Civil Procedure
56
unless otherwise ordered, each partyopposing a motion shall serve an opposingmemorandum of law no later than fourteen
(1
4)
days after service of the motion. Failureto do so may be deemed sufficient cause forgranting the motion by default. The movantmay, within seven (7) days after service of
an
opposing memorandum of law, serve a replymemorandum in support of the motion,which reply memorandum shall be strictlylimited to rebuttal of matters raised inthememorandum in opposition withoutreargument of matters covered in themovant's initial memorandum of law. Nofurther or additional memoranda of law shallbe filed without prior leave of Court.1. Time. Time shall be computed underthis Local Rule as follows:(a) If the motion, response, or memorandumwas served by mail or filed via CM/ECF,count fourteen
(1
4) calendar days (seven
(7)
calendar days for a reply) beginning the dayafter the motion, response, or memorandumSouthern District
of
Florida Interim Rules Changes, Page
1
of
19

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