Practices and Procedures for Civil Cases
The Honorable Judge Kathleen M. Williams
United States District Judge
____________________________________________
Mailing Address: Wilkie D. Ferguson, Jr. United States
Courthouse
400 North Miami Avenue
Room 11-3
Miami, Florida 33128
Phone Number: (305) 523-5540
Courtroom: 11-3
Courtroom
Deputy: Michael Santorufo
Court Reporter: Patricia Sanders
[LAST UPDATED: 5 June 2019]
Table of Contents
I. General Matters ......................................................................................................... 3
Applicable Rules ........................................................................................................ 3
Filings Not Accepted .................................................................................................. 3
II. Procedural Rules ....................................................................................................... 3
Proposed Orders........................................................................................................ 3
Extensions of Time .................................................................................................... 3
III. Filings with the Court ................................................................................................. 4
Motions Generally ...................................................................................................... 4
Motions for Leave to File Excess Pages .................................................................... 5
Motions to Seal .......................................................................................................... 5
Motions in Limine ....................................................................................................... 5
Pre-Trial Stipulation, Exhibit Lists, and Witness Lists. ............................................... 5
Jury Instructions or Conclusions of Law (for Non-Jury Trials) .................................... 6
Deposition Designations ............................................................................................ 6
Settlement Agreements ............................................................................................. 6
IV. Communications with Chambers ............................................................................... 7
Content of Communications ....................................................................................... 7
Form of Communications ........................................................................................... 7
Emails to Chambers................................................................................................... 7
Calls to Chambers ..................................................................................................... 7
Attachments
Attachment A – Form for Joint Proposed Scheduling Orders
Attachment B – Form for Witness Lists
Attachment C – Form for Exhibit Lists
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I. General Matters
Applicable Rules
The Court’s procedures are governed by the Federal Rules of Civil Procedure
(the “Federal Rules”), the Local Rules of the United States District Courts for
the Southern District of Florida (the “Local Rules”), and the individual
practices set out below. In addition, litigants are expected to comply with all
procedures and rules set out in all orders issued by the Court.
Filings Not Accepted
The Court will not accept notices of unavailability, notices of deposition, or
other discovery documents or filings not contemplated by the Federal or Local
Rules. If filed to the docket, these documents will be stricken. For example,
notices of unavailability will not be construed as motions to continue or
otherwise operate to change the Court’s schedule in any way.
II. Procedural Rules
Proposed Orders
As required by Local Rule 7.1(a)(2), a Microsoft word version of all proposed
orders must be emailed to the chambers inbox at
[email protected].
Proposed scheduling orders must be submitted in the format of the sample
order provided to litigants (and attached as Attachment A, below) and must
be submitted to the chambers inbox after being filed on the docket.
Extensions of Time
Strict compliance with all deadlines—whether set by court order or under the
Federal and Local Rules—is mandatory. Requests for extension of time will
only be granted by the Court upon an appropriate motion showing good
cause why the deadline cannot be met. Absent an emergency, requests
for extensions of time must be presented to the Court, by motion, no
later than 48 hours prior to the deadline from which the Parties are
seeking relief. Sanctions may be imposed for non-emergent requests
made less than 48 hours prior to the deadline.
All requests for extensions of time must include (1) a list of any prior motions
for extension of time, the basis for those requests, and whether they were
granted; (2) a specific statement regarding the circumstances necessitating
the requested relief; (3) a conferral statement as required under Local Rule
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7.1; and (4) a specific period for the relief requested. Indefinite or
indeterminate requests for an extension of time will be denied.
Once a Scheduling Order has been entered by the Court, motions for
extensions of time are disfavored and will not be granted absent compelling
circumstances.
III. Filings with the Court
Motions Generally
All motions must strictly comply with all Federal and Local Rules, including
Local Rule 7.1. This includes, among other things, (1) the requirement under
Rule 7.1 that counsel confer before submitting certain motions or, if counsel
are unable to confer, that they include a detailed statement of the efforts
made and why those efforts were unsuccessful, and (2) the requirement that
proposed orders be submitted with certain types of motions as laid out in
Section IIA, supra.
Strict compliance with the Local Rules is also expected with regard to motions
for summary judgment. See Local Rule 56.1. For example, the moving Party
must contemporaneously file a statement of undisputed material facts,
delineating by number each material fact, supported with specific citations to
the record (Docket Entry, Exhibit, Page Number(s)). The opposing Party
must then file contemporaneously with its opposition a response to the
statement of material facts, which shall respond by corresponding number to
each of the moving Party’s statement of material facts. Local Rule 56.1(a).
The opposing Party shall state, based on citations to the record, whether
each fact is disputed or undisputed. If the fact is disputed, the opposing Party
shall state why the dispute is a material one. “All material facts set forth in the
movant’s statement . . . will be deemed admitted unless controverted by the
opposing party’s statement, provided that the Court finds that the movant’s
statement is supported by evidence in the record.” Local Rule 56.1(b).
These procedures shall also apply to the moving Party when responding to
any additional facts set forth in the opposing Party’s statement of material
facts.
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Motions for Leave to File Excess Pages
If a Party seeks leave to file a memorandum of law that exceeds the page
limitations set forth in Local Rule 7.1(c)(2), the motion must specify the
number of excess pages requested in the motion and set forth the reason(s)
the extra pages are required.
Motions to Seal
Each motion to seal must specify the time period the movant seeks to seal
the filing. Motions to seal indefinitely will only be granted upon a substantial
showing of good cause and at the Court’s sole discretion.
All motions to seal must be accompanied by a proposed redacted version of
the document the movant seeks to seal. When a motion to seal is granted,
the redacted document shall be separately filed to the public docket and
served forthwith.
Motions in Limine
The Parties may each submit only one (1) motion in limine that identifies up to
ten (10) evidentiary issues they seek to raise to the Court. The motion may
not exceed twenty (20) pages in length. Each evidentiary issue must be
numbered, and must specifically identify the evidence sought to be excluded
or included at trial, with citations to legal authority supporting the evidentiary
ruling requested. The opposing party's responses in opposition to the
motions in limine shall correspond with the order and with the numbering
scheme used by the movant. Any reply from the movant must also
correspond with the order and numbering used in the movant’s initial motion.
Prior to filing a motion in limine, the Parties must meet and confer regarding
each evidentiary issue they intend to raise, and certify that they met and
conferred in accordance with Local Rule 7.1(a)(3). The Parties may only
present those evidentiary issues that remain contested in their respective
motions in limine.
Pre-Trial Stipulation, Exhibit Lists, and Witness Lists.
The Parties’ joint pre-trial stipulation, exhibit lists, and witness lists must be
submitted in accordance with Local Rule 16.1(d) and (e). The Parties must
submit their witness lists in the format provided in Attachment B, and their
exhibit lists in the format provided in Attachment C. The witness lists shall
include only those witnesses the Parties actually intend to call at trial. In the
description for each witness, the Party shall include a brief synopsis of the
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witness’s testimony, the exhibits that the Party intends to introduce through
the witness, and, in consultation with opposing counsel, the estimated time
needed for direct and cross examination. The exhibit lists shall identify each
witness that will introduce each exhibit.
Jury Instructions or Conclusions of Law (for Non-Jury Trials)
Joint proposed jury instructions or conclusions of law (for non-jury trials) shall
outline:(1) the legal elements of Plaintiff’s claims, including damages; and (2)
the legal elements of the defenses that are raised. The Parties shall submit
proposed jury instructions jointly, though they need not agree on each and
every instruction. If the Parties do not agree on a proposed instruction, the
language proposed by plaintiff shall be underlined and the language proposed
by defendant shall be italicized. Every instruction must be supported by a
citation of authority. The Parties shall use the Eleventh Circuit Pattern Jury
Instruction for Civil Cases, including the directions to counsel. If a deviation
from the Pattern is requested, the parties shall specifically provide a citation
of authority supporting the deviation. The Parties shall submit their proposed
instructions via email in Word format to chambers at
[email protected].
Deposition Designations
For each unavailable witness, the Parties shall confer and submit a joint
deposition designation. The party offering the testimony shall select a color
and highlight the pages and lines which they wish to introduce. The non-
introducing party shall then underline in red the portions of the designated
testimony objected to and in the margins indicate the basis for the objection
(i.e., irrelevant, hearsay, etc.). The non-introducing party shall also select a
color and submit to the Court those additional pages and lines that they deem
counter designated. In turn, the introducing party shall underline in red the
portions of the counter-designated testimony objected to and indicate in the
margins the basis for their objection.
Settlement Agreements
If the case settles in whole or in part, counsel must inform the Court
immediately by calling or emailing chambers (
[email protected])
and promptly filing a joint stipulation of dismissal.
The Court will not retain jurisdiction to enforce confidential settlement
agreements. If the parties wish for the Court to retain jurisdiction to enforce a
settlement agreement, the parties must submit the terms of their settlement
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agreement on the record. The Parties must also request a finite period for the
Court’s retention of jurisdiction; indefinite requests for the Court to retain
jurisdiction will not be granted.
IV. Communications with Chambers
Content of Communications
Any requests for relief or action by the Court must be submitted as a motion
on the docket, unless otherwise permitted by the Federal and Local Rules.
No substantive matters may be raised by phone or email with Chambers,
unless expressly permitted by the Rules or a court order. Similarly, Parties
are not permitted to call Chambers regarding any matters that can be
ascertained from a review of the applicable rules or the docket.
Form of Communications
For non-substantive matters, emails or calls to Chambers must comport with
all Federal and Local rules and the practices and procedures set out here.
Letters to Chambers will not be accepted. Any ex parte letters received will
be uploaded to the docket.
Emails to Chambers
Emails to Chambers, when permitted, shall state clearly in the subject line:
(1) the docket number of the case, (2) the case caption, and (3) a brief
description of the contents (e.g., 12-cv-34567, Jones v. Smith, Proposed
Order”). All emails, unless relating to permissible ex parte matters under the
rules, must copy all counsel and unrepresented parties.
Calls to Chambers
Unless expressly permitted by the Rules or a court order, or in case of an
emergency, counsel must confer with all parties before calling Chambers.
Only counsel of record may make calls to Chambers, and opposing
counsel must be on the line for any calls. When calling chambers,
counsel must provide (1) the docket number of the case, (2) the case caption,
(3) their name and the party they represent, (4) whether opposing counsel
has been consulted, and (5) a succinct and clear statement of the reason for
their call.
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ATTACHMENT A
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. XX-XXXXX-CIV-WILLIAMS
PARTY NAME,
Plaintiff(s),
vs.
PARTY NAME,
Defendant(s).
___________________/
SCHEDULE JOINTLY PROPOSED BY THE PARTIES
THIS MATTER is set for trial for the week of [Month, Day, Year]. The Parties
propose to adhere to the following schedule:
[Month, Day, Year] The Parties shall furnish their initial disclosures
pursuant to Fed. R. Civ. P. 26. The Parties are under
a continuing obligation to furnish supplements within
ten (10) days of receipt or other notice of new or
revised information.
[Month, Day, Year] The Parties shall file motions to amend pleadings or
join Parties.
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[Month, Day, Year] The Plaintiff shall disclose experts, expert witness
summaries and reports, as required by Federal Rule
of Civil Procedure 26(a)(2).
[Month, Day, Year] The Defendant shall disclose experts, expert witness
summaries and reports, as required by Federal Rule
of Civil Procedure 26(a)(2).
[Month, Day, Year] The Parties shall exchange rebuttal expert witness
summaries and reports, as required by Federal Rule
of Civil Procedure 26(a)(2).
[Month, Day, Year] The Parties shall complete all discovery, including
expert discovery.
[Month, Day, Year] The Parties shall complete mediation and file a
mediation report with the Court.
[Month, Day, Year] The Parties shall file all dispositive pre-trial motions
and memoranda of law.
[Month, Day, Year] The Parties shall file all motions to strike or exclude
expert testimony, whether based on Federal Rule of
Evidence 702 and Daubert v. Merrell Dow
Pharmaceuticals, Inc., 509 U.S. 579 (1993), or for any
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another reason. If a favorable ruling on the motion(s)
would be case dispositive, however, all such motions
must be filed by the dispositive motion deadline.
[Month, Day, Year] The Parties shall each file one motion in limine. All
motions in limine must be filed at least six (6) weeks
before calendar call.
[Month, Day, Year] The Parties shall file their joint pretrial stipulation,
witness lists, and exhibit lists in accordance with Local
Rule 16.1(d) and (e). The Parties shall also file final
proposed jury instructions or conclusions of law (for
non-jury trials).
[Month, Day, Year] The Parties shall submit their deposition designations.
By: [Attorney(s) for Plaintiff(s)] [Attorney(s) for Defendant(s)]
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ATTACHMENT B
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. XX-XXXXX-CIV-WILLIAMS
PARTY NAME,
Plaintiff(s),
vs.
PARTY NAME,
Defendant(s).
___________________/
[PARTY’S] WITNESS LIST
PRESIDING JUDGE: PLAINTIFF’S DEFENDANT’S
ATTORNEY ATTORNEY
Hon. Kathleen M. Williams
TRIAL DATE(S): COURT REPORTER COURTROOM DEPUTY
PLF. DEF. LIVE or BY DIRECT CROSS ADDRESS DESCRIPTION OF WITNESS EXHIBIT(S)
NO. NO. DEPOSITION (est.) (est.)
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ATTACHMENT C
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. XX-XXXXX-CIV-WILLIAMS
PARTY NAME,
Plaintiff(s),
vs.
PARTY NAME,
Defendant(s).
___________________/
[PARTY’S] EXHIBIT LIST
PRESIDING JUDGE: PLAINTIFF’S DEFENDANT’S
ATTORNEY ATTORNEY
Hon. Kathleen M. Williams
TRIAL DATE(S): COURT REPORTER COURTROOM DEPUTY
PLF. DEF. DATE OBJECTIONS MARKED ADMITTED DESCRIPTION OF EXHIBITS WITNESS
NO. NO. OFFERED
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