(a) TRANSFER.
(1) Successive Action. If an action is docketed, assigned, and
terminated; later re-filed without a material change in the issues
or the parties; and assigned to a judge other than the judge
originally assigned, the originally assigned judge should accept
the transfer. If the originally assigned judge declines the
transfer, the chief judge can transfer the action to the originally
assigned judge upon a request from the newly assigned judge
and after consultation with the originally assigned judge.
MIDDLE DISTRICT OF FLORIDA LOCAL RULES
(2) Other Actions.
(A) By the Judge. If the transferee judge consents, the
judge to whom the clerk assigns an action can transfer the
action at any time and for any reason.
(B) By a Party. If actions before different judges present
the probability of inefficiency or inconsistency, a party may
move to transfer a later-filed action to the judge assigned to
the first-filed action. The moving party must file the motion
in the later-filed action and a notice and a copy of the
motion in the first-filed action. The proposed transferor
judge must resolve the motion to transfer but can transfer
the action only with the consent of the transferee judge. The
transferee judge can order the clerk to assign to the later-
filed action the magistrate judge in the first-filed action.
(C) By the Chief Judge. If the judge in a first-filed action
declines a transfer, the chief judge can transfer a later-filed
action to the judge in the first-filed action upon a request
from the judge in the later-filed action and after consultation
with the judge in the first-filed action. The transferee judge
can order the clerk to assign to the later-filed action the
magistrate judge in the first-filed action.
(b) CONSOLIDATION. If actions assigned to a judge present the
probability of inefficiency or inconsistency, a party may move to
consolidate the actions. The party must file the motion in one action
and a notice and a copy of the motion in the other action. The judge
can order the clerk to assign to the consolidated actions the magistrate
judge assigned to the first-filed action.
(c) DUTY OF THE LEAD COUNSEL. The lead counsel has a
continuing duty to file promptly a “Notice of Related Action”
identifying and describing any related action — either pending or closed
— in the Middle District or elsewhere.
MIDDLE DISTRICT OF FLORIDA LOCAL RULES
