Judge Robin L. Rosenberg

Each party is limited to filing one motion in limine that contains no more than three requests for relief. This limitation includes Daubert challenges to expert witnesses. Any party may move for a modification of this limitation at least one week in advance of the deadline for filing motions in limine and must provide a detailed basis to support the requested relief.

Third, the designated (or counter-designated) testimony for each witness must be highlighted and easy to locate and identify.

All exhibits shall be pre-labeled in accordance with the proposed exhibit list, and only numerical sequences are permitted—alphabetical designations shall not be used. Exhibit labels must include the case number, the exhibit number, and the party offering the exhibit.

Each jury instruction shall be typed on a separate page and, except for Eleventh Circuit pattern instructions clearly identified as such, must be supported by citations to authority.

Instructions and questions proposed only by the plaintiff(s) to which the defendant(s) object shall be italicized. Instructions and questions proposed only by defendant(s) to which plaintiff(s) object shall be bold-faced.

An additional copy of all proposed Findings of Fact and Conclusions of Law (the date for filing the proposed Findings of Fact and Conclusion of Law is set forth in the pretrial scheduling order) shall be sent in Word format to the chambers e-mail account listed above. Proposed Conclusions of Law must be supported by citations to authority.

Where the parties do agree on a proposed instruction or question, that instruction or question shall be set forth in Times New Roman 14 point typeface.

The statement of claim shall also include all attorney’s fees and costs incurred to date. With respect to attorney’s fees, counsel must provide the hourly rate sought and the number of hours expended by each person billing time.

To assist the Court in the management of the case, the Plaintiff is ORDERED to file with the Court a statement of claim setting forth the amount of the alleged unpaid wages, the calculation of such wages, and the nature of the wages (e.g. overtime or regular) within twenty-one (21) days from the date of this Order.

b. State whether the settlement agreement would result in a complete recovery of all wages that plaintiff(s) claimed to be owed.

e. If the settlement agreement contains a confidentiality provision, explain why the parties believe such a provision is warranted.

c. Explain, with specificity, the nature of the parties’ bona fide dispute and why the settlement agreement represents a fair and reasonable resolution of that dispute, in light of the factors outlined above.

d. If the settlement agreement provides for the recovery of attorney’s fees, explain how the fees were calculated and why the amount of the fees is reasonable.

October 2, 2020: The parties shall provide opposing counsel with a written list with the names and addresses of all primary/initial expert witnesses intended to be called at trial and only those primary/initial expert witnesses listed shall be permitted to testify. The parties shall also furnish opposing counsel with expert reports or summaries of its expert witnesses' anticipated testimony in accordance with Fed. R. Civ. P. 26(a)(2). Within the 30 day period following this disclosure, the parties shall make their experts available for deposition. The experts' deposition may be conducted without further Court order.

October 16, 2020: The parties shall provide opposing counsel with a written list with the names and addresses of all rebuttal/responsive expert witnesses intended to be called at trial and only those rebuttal/responsive expert witnesses listed shall be permitted to testify. The parties shall also furnish opposing counsel with expert reports or summaries of its expert witnesses' anticipated testimony in accordance with Fed. R. Civ. P. 26(a)(2). Within the 30 day period following this disclosure, the parties shall make their experts available for deposition. The experts' deposition may be conducted without further Court order.

To the extent these instructions are based upon the Eleventh Circuit pattern jury instructions, counsel shall indicate the appropriate Eleventh Circuit pattern jury instruction upon which their instruction is modeled. All other instructions shall include citations to relevant supporting case law.

The joint set of proposed jury instructions should include both preliminary jury instructions (from the appropriate Eleventh Circuit pattern instructions) as well as final jury instructions. Proposed voir dire questions and verdict forms should be e-mailed in Word format to this e-mail address as well.

In addition to filing their proposed jury instructions and verdict form with the Clerk, the parties shall also submit A SINGLE JOINT SET of proposed jury instructions and verdict form in Word format directly to Rosenberg@flsd.uscourts.gov.

The parties shall inform the Court of the general category or nature of the disputes and provide a brief summary of the factual and/or legal support for the parties' respective positions.

Two business days after the parties file their joint trial plan, the parties shall also file a Notice of Remaining Issues that Require Adjudication.

This Notice shall inform the Court of areas in which a ruling is required including: (1) jury instructions, (2) verdict forms, (3) exhibits, (4) deposition designations, and (5) other evidentiary objections.

Local Rule 56.1 requires a motion for summary judgment (and opposition thereto) to be accompanied by a statement of material facts. The Rule also imposes very specific and very

In order to appear via telephone, counsel must file a notice of telephonic appearance, as set forth in the instructions in this Order, at least one (1) day prior to the hearing.

In the event a party elects to file a motion to strike affirmative defenses, however, the party must certify in the opening paragraph of the motion that the party has read and considered this section in the Court’s Order and has considered the case law cited herein.

The deposition designation notebook must be accompanied by a certification, by the party objecting, that: (i) the parties have conferred on the objection, (ii) the objection is raised in good faith, (iii) the objection raises an issue that the parties, working together as professionals, cannot resolve without court intervention, and (iv) the expenditure of judicial labor is the only avenue by which the dispute may be resolved.

First, the notebook must be delivered to Chambers by the deadline for the parties’ joint Notice of Remaining Issues that Require Adjudication.

contemporaneously with the parties’ filing of proposed jury instructions, the parties must file a Notice of Intent to Seek Pretrial Adjudication of Deposition Designations. The notice must be accompanied with the joint creation of a physical, non-electronic deposition designation notebook, subject to the follow requirements.

Fourth, objections to the designated testimony must be supplemented with an appendix that contains detailed legal argument explaining the objections, together with a response from the opposing party.

Second, the notebook (or notebooks) must contain the full deposition transcript for each designated witness.

If the case is settled, counsel shall so inform the Court within two court-days of settlement by submitting an appropriate notice of settlement, stipulation for dismissal, or motion for dismissal, pursuant to Federal Rule of Civil Procedure 41(a). See Local Rule 16.4. The parties shall attend all hearings and abide by all time requirements unless and until an order of dismissal is filed.

At trial, the parties shall deliver to the Court a USB flash drive that contains digital copies of the exhibits.

Discovery shall begin immediately, and the parties shall adhere to the following schedule, which shall not be modified absent compelling circumstances: February 18, 2020: Rule 26(a)(1)(A) Initial Disclosures (if not provided earlier).

If a witness does not appear on the witness list, that witness may not testify at trial absent good cause and no prejudice to the other side.

January 4, 2021: The Pretrial Stipulation shall be filed. Designations of deposition testimony shall be made. Parties shall also exchange Rule 26(a)(3) witness and exhibit lists. See section 14.

January 25, 2021: Jury Instructions or Proposed Findings of Fact and Conclusions of Law shall be filed. The parties’ joint statement of the case is due. The parties’ joint trial plan is due. The parties shall file their finalized exhibit list and witness list. The parties’ Notice of Intent to Seek Pretrial Adjudication of Deposition Designations, if applicable, is also due. See sections 5, 8, 13.

January 1, 2021: Mediation must be completed.

If an exhibit does not appear on the exhibit list, that exhibit may not be offered at trial absent good cause and no prejudice to the other side.

November 16, 2020: All expert discovery shall be completed.

As Calendar Call draws near, the Court will require a more detailed estimate of the time needed for trial in the form of a joint trial plan. The joint trial plan shall set forth the following information: (1) the anticipated length of time required for each party’s opening statement; (2) the witnesses each party intends to call at trial, listed in the order in which these witnesses will be called; (3) a brief description of each witness (e.g., the identity of the witness and the relationship of the witness to any parties in the case); (4) whether the witness is an expert and, if so, the area of expertise of the witness; (5) whether each witness will testify live, by video deposition, or by reading of deposition testimony; (6) the anticipated length of time required for direct examination, cross examination, and redirect examination of each witness; (7) the anticipated length of time required for each party’s closing argument; (8) any additional matters that may affect the course of trial; and (9) an accurate summation of the total time allocated in the trial plan.

Within one (1) day of the mediation conference, the mediator shall file a Mediation Report indicating who attended the mediation and the result thereof;

In preparing the requested jury instructions, the parties shall use as a guide the pattern jury instructions for civil cases approved by the Eleventh Circuit, including the directions to counsel contained therein.

December 1, 2020: All Pretrial Motions, including summary judgment motions, Daubert motions, and motions in limine shall be filed. See sections 10-11.

In any proceeding where evidence will be introduced, counsel shall submit to the Court a typed list of proposed witnesses and/or exhibits. All exhibits shall be pre-labeled in accordance with the proposed exhibit list, and only numerical sequences are permitted—alphabetical designations shall not be used. Exhibit labels must include the case number, the exhibit number, and the party offering the exhibit. A typewritten exhibit list setting forth the number, or letter, and description of each exhibit must be submitted prior to trial. Any composite exhibits should be listed separately, i.e. 1A, 1B, 1C, etc. The parties shall submit said exhibit list on AO Form 187, which is available from the Clerk’s office and at http://www.uscourts.gov/services-forms/forms. At trial, the parties shall deliver to the Court a USB flash drive that contains digital copies of the exhibits. The parties must also comply with Local Rule 5.3.

January 14, 2021: Objections to counter-designations of deposition testimony and responses to objections to designations of deposition testimony shall be filed.

January 8, 2021: Counter-designations of deposition testimony and objections to designations of deposition testimony shall be filed. Late designations shall not be admissible absent exigent circumstances.

January 17, 2021: Responses to objections to counter-designations of deposition testimony shall be filed.

The Pretrial Stipulation shall conform to S.D. Fla. L.R. 16.1(e). The Court will not accept unilateral pretrial stipulations and will strike sua sponte any such submissions.

The Pretrial Stipulation must contain a list of the exhibits each side intends to offer at trial and a list of each witness who will testify at trial.

January 27, 2021: The parties’ Notice of Remaining Issues that Require Adjudication is due. The parties’ joint deposition designation notebook, if applicable, is due. See section 13.

When the parties file proposed jury instructions, the parties shall also file a joint statement of the case. The statement of the case should be brief and should contain no argument. The purpose of the joint statement of the case is merely to convey enough information to a prospective juror for that juror to ascertain whether he or she has previous knowledge of the case.

The Defendant, within fourteen (14) days of service of the Plaintiff’s statement of claim, is ORDERED to file with this Court a response to the Plaintiff’s statement, and provide the Plaintiff with copies of all documents supporting its defenses.

The Plaintiff shall, on that same date, additionally file a notice of full compliance with this Order.

Concurrently, the Defendant shall file a notice of full compliance with this Order.

a. Attach a copy of the settlement agreement.

If the fees were calculated on an hourly basis, records of counsel’s time should be attached.