Magistrate Judge Valle Discovery Procedures; Scheduling Order – Criminal Cases; Criminal Pretrial Order; Court’s Jury Questionnaire in Civil Cases; Court’s Jury Questionnaire in Criminal Cases; Court’s Jury Trial Seating Chart in Criminal Cases (44 jurors); Court’s Jury Trial Seating Chart in Civil

=== Magistrate Judge Valle Discovery Procedures ===

MAGISTRATE JUDGE VALLE’S DISCOVERY PROCEDURES (Updated August 2017) 1. Discovery motions (which must contain the Local Rule 7.1(a)(3) certification of good faith conference) are handled on an expedited briefing schedule and with a shortened page limitation. Responses and replies to discovery motions are due within seven (7) days of the filing of a motion, or response. These deadlines are inclusive of the “mailing” days allotted by the Federal Rules of Civil Procedure and the Local Rules. Any contrary deadlines that may appear on the Court’s docket or the attorneys’ deadline report, generated by CM/ECF, cannot modify these procedures. 2. Any discovery motion and response, including the incorporated memorandum of law, shall not exceed ten (10) double-spaced pages, using 12-point font. Any reply memoranda shall not exceed five (5) double-spaced pages. Federal Rule of Civil Procedure 29 permits parties to extend the time for responding to interrogatories, requests for production, or requests for admissions, unless such extension would interfere with the Court’s discovery deadlines, deadlines for hearing a motion, or for trial. 3. The Court does not recognize conclusory boilerplate objections or formulaic objections followed by an answer to the request. See, e.g., Adelman v. Boy Scouts of Am., 276 F.R.D. 681, 688 (S.D. Fla. 2011) (“[J]udges in this District typically condemn boilerplate objections as legally inadequate or ‘meaningless.’”); Benfatto v. Wachovia Bank, N.A., No. 08–CIV–60646, 2008 WL 4938418, at *2 (S.D. Fla. Nov. 19, 2008) (“[G]eneralized objections, which purport to object to each and every category of documents, are not recognized by this Court.”). Boilerplate objections may also border on a frivolous response to discovery requests. Steed v. Everhome Mortg. Co., 308 F. App’x 364, 371 (11th Cir. 2009). 4. The parties are expected to engage in a reasonable compromise to facilitate the resolution of their discovery disputes. The Court may impose sanctions, monetary or otherwise, if the Court determines discovery is being improperly sought or is being withheld in bad faith or without substantial justification. See Fed. R. Civ. P. 37.

=== Scheduling Order – Criminal Cases ===

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. XX-XXXXX-CR-BLOOM/Valle UNITED STATES OF AMERICA, Plaintiff, vs. XXXXX. Defendant. / ORDER SETTING TRIAL DATE THE ABOVE CAUSE is hereby set for Criminal Jury Trial at the Wilkie D. Ferguson Courthouse, 400 North Miami Avenue, Courtroom 10-2, Miami, Florida, during the two-week period commencing Monday, XXXXX at 9:00 a.m., or as soon thereafter as the case may be called. A Calendar Call will be held at 1:00 p.m. on Tuesday, XXXXX at the Wilkie D. Ferguson Courthouse, 400 North Miami Avenue, Courtroom 10-2, Miami, Florida. It is further ORDERED as follows: 1. All requests for Writs Ad Testificandum must be filed not later than 14 business days prior to the first day of the scheduled trial period. 2. All responses pursuant to the Standing Discovery Order and/or Local Rule 88.10 shall be provided in a timely fashion in accordance with the dates scheduled by the magistrate judge. Noncompliance may result in sanctions. Any notice submitted pursuant to Federal Rule of Evidence 404(b) shall include a specific factual basis for the evidence sought to be introduced. CASE NO. XX-XXXXX-CR-BLOOM 3. All motions filed shall be accompanied by a written statement certifying that counsel for the moving party has conferred with opposing counsel in a good faith effort to resolve by agreement the subject matter of the motion, where required by Local Rule 88.9. 4. Counsel shall be prepared to conduct limited voir dire following the Court’s questioning of the panel. Prior to Calendar Call, counsel shall also file proposed voir dire questions. Proposed jury instructions, in typed form, including substantive charges and defenses, shall be submitted to the Court prior to Calendar Call, in Word format, via e-mail to [email protected]. Instructions for filing proposed documents may be viewed at http://www.flsd.uscourts.gov. 5. Prior to Calendar Call, all counsel shall file a list of proposed witnesses and/or exhibits to be presented at trial. All exhibits to be offered into evidence or marked for identification must be pre-labeled in accordance with the proposed exhibit list. (Government exhibits are to be designated numerically; defense exhibits, alphabetically). 6. If either party seeks to introduce transcript(s) at the trial, such shall be exchanged with all counsel before the scheduled day of trial. If a transcript cannot be agreed upon, each party shall be prepared to produce its own version for the trier of fact. 7. All anticipated Jencks Act1 material shall be turned over to defense counsel not later than the morning of the first day of trial. The material shall include a face 118 U.S.C. ' 3500 2 CASE NO. XX-XXXXX-CR-BLOOM sheet for defense counsel to sign and date, acknowledging receipt. 8. Upon receipt of this order, counsel are directed to certify with the Court’s courtroom deputy the necessity of an interpreter for the Defendant. Counsel are further instructed to notify the Court, at least 24 hours prior to any hearings or trial, if an interpreter is required. 9. Counsel are instructed that arrangements for appropriate clothing for defendants in custody must be made with the Bureau of Prisons at least seven (7) days prior to the scheduled trial date. 10. Counsel are advised to comply with Local Rule 88.5, requiring the filing of speedy trial reports every 20 days hereafter until the time of trial or plea. 11. COUNSEL ARE REMINDED THAT PURSUANT TO THE CM/ECF ADMINISTRATIVE PROCEDURES, PROPOSED ORDERS SHALL BE SUBMITTED TO THE COURT BY E-MAIL IN WORD FORMAT AT [email protected]. DONE AND ORDERED in Chambers at Miami, Florida, this XX th day of XXXXX. cc: counsel of record _________________________________ BETH BLOOM UNITED STATES DISTRICT JUDGE 3

=== Criminal Pretrial Order ===

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. XX-XXXXX-CR-BLOOM/Valle UNITED STATES OF AMERICA, Plaintiff, vs. XXXXX. Defendant. / ORDER REGARDING PRETRIAL PROCEDURES This matter is set for Jury Trial to begin on Monday, XXXXX, at 9:00 a.m. It is further ORDERED that immediately before trial begins, counsel for both parties shall be prepared to indicate whether they have complied with the following procedure: Should any plea offer be made by the Government but not accepted by Defendant, the Government shall attach to any such offer a cover sheet with space for Defendant and Defendant=s attorney to certify that Defendant has reviewed the plea offer. The cover sheet shall also include space for Defendant and Defendant=s attorney to certify the dates of signature. This document shall be signed by Defendant and Defendant=s attorneys before trial. This document shall not be filed with the Court or otherwise provided to the Court but shall be maintained within the Government=s case file. The parties shall not advise the Court whether any plea offer has been made or, if so, of the contents of any plea offer that might have been made. See United States v. Tobin, 676 F.3d 1264 (11th Cir. 2012). Before trial begins, the Court will specifically inquire as to whether the parties have complied with this paragraph of this Order. The parties Case No. XXXXX-CR-BLOOM/Valle shall respond with either a Ayes@ or Ano,@ without further elaboration. If no plea offer has been made or if a plea offer has been made and the requirements of this paragraph have been satisfied, the answer shall be Ayes.@ DONE AND ORDERED at Miami, Florida, this XXth day of XXXX, XXXX. cc: Counsel of Record BETH BLOOM UNITED STATES DISTRICT JUDGE -2-

=== Court’s Jury Questionnaire in Civil Cases ===

U. S. DISTRICT JUDGE BETH BLOOM Juror Questionnaire in Civil Cases Please answer fully all of the following questions: 1. What are your name and date of birth? ______________________; _____________________ 2. Please describe your current employment, and past work history. _________________________________________________________________________________ ___________________________________________________________________________ 3. What is your educational background (i.e., grade school, high school, college, etc.). ______________________________________________________________________________ 4. Please describe your spouse or partner=s current and past occupation and describe his/her educational background. _________________________________________________________________________________ ___________________________________________________________________________ 5. If you have any adult children, describe their level of schooling and/or employment. ______________________________________________________________________________ 6. Have you served in the military? If so, please describe such service. ______________________________________________________________________________ 7. Have you ever served on a jury before? If so, state how many times; the type of case; whether the trial was in state or federal court; if you reached a verdict and if you were the foreperson. ______________________________________________________________________________ ______________________________________________________________________________ 8. Would you briefly describe any personal hobbies and/or interests you have? ______________________________________________________________________________ 9. What newspapers and/or magazines do you read regularly? Also, what are your favorite T.V. shows and/or websites? ______________________________________________________________________________ 10. If you and/or a close family member or friend has ever been a party to a lawsuit (i.e., sued someone or been sued by someone) please describe the circumstances. _______________________________________________________________________________ 11. Do you participate in any organizations or groups (community, social, civil, union, religious, political)? _________ If yes, please state the name of the group and if you hold a leadership position. _________________________________________________________________________________ ___ 12. Is there anything in your background or personal feelings which might affect your ability to be fair and impartial to both sides? _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________

=== Court’s Jury Questionnaire in Criminal Cases ===

U. S. DISTRICT JUDGE BETH BLOOM Juror Questionnaire in Criminal Case Please answer fully all of the following questions: 1 What are your name and date of birth? ______________________; _____________________ 2. Please describe your current employment, and past work history. ____________________________________________________________________________________ ____________________________________________________________________________________ 3. What is your educational background (i.e., grade school, high school, college, etc.). ____________________________________________________________________________________ 4. Please describe your spouse or partner=s current and past occupation and describe his/her educational background. ____________________________________________________________________________________ ____________________________________________________________________________________ 5. If you have any adult children, describe their level of schooling and/or employment. ____________________________________________________________________________________ 6. Have you served in the military? If so, please describe such service. ____________________________________________________________________________________ 7. Have you ever served on a jury before? If so, state how many times; the type of case; whether the trial was in state or federal court; if you reached a verdict and if you were the foreperson. ______________________________________________________________________________ ____________________________________________________________________________________ 8. Would you briefly describe any personal hobbies and/or interests you have? ____________________________________________________________________________________ 9. What newspaper and/or magazines do you read regularly? Also, do you have any favorite T.V. shows and/or websites? ____________________________________________________________________________________ 10. If you and/or a close family member or friend has ever been accused, arrested or convicted of a crime, please indicate the year, type of offense charged, and place where the accusation was presented. ____________________________________________________________________________________ ____________________________________________________________________________________ 11. If you and/or a close family member or friend has ever been the victim of a crime, please indicate the nature of the crime, date and location. ____________________________________________________________________________________ ____________________________________________________________________________________ 12. If you and/or a close family member or friend has ever worked for a law enforcement agency, i.e., a police department, please indicate the agency worked for. ____________________________________________________________________________________ _________________________________________________________________________________ 13. Do you participate in any organizations or groups (community, social, civil, union, religious, political)? _________ If yes, please state the name of the group and if you hold a leadership position. ____________________________________________________________________________________ 14. Is there anything in your background or personal feelings which might affect your ability to be fair and impartial to both sides? ___________________________________________________________________________________ ____________________________________________________________________________________

=== Court’s Jury Trial Seating Chart in Criminal Cases (44 jurors) ===

JURY SELECTION SEATING CHART – Courtroom 10-2 41 42 43 44 35 29 23 36 30 24 37 31 25 38 32 26 39 33 27 40 34 28 Case Number: ________________________________ Date: _________________ JURY SELECTION SEATING CHART – Courtroom 10-2 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 Case Number: ________________________________ Date: _________________

=== Court’s Jury Trial Seating Chart in Civil Cases (30 jurors) ===

JURY SELECTION SEATING CHART –United States Federal Courthouse – Miami Courtroom 10-2 15 14 13 9 3 8 2 7 1 12 11 10 6 5 4 Case Number: ________________________________ Date: _________________ JURY SELECTION SEATING CHART –United States Federal Courthouse – Miami Courtroom 10-2 28 28 22 23 16 17 30 24 18 25 19 26 20 27 21 Case Number: ________________________________ Date: _________________

=== Standing Order on Default Procedures ===

JUDGE BLOOM’S STANDING ORDER ON DEFAULT JUDGMENT PROCEDURE The parties shall follow the default judgment procedures below: If a Defendant or Defendants fail to file any response(s) to Plaintiff’s Complaint, Plaintiff shall submit a Motion for Entry of Clerk’s Default with respect to Defendant(s), no later than seven (7) days of the deadline for Defendant(s) to file an Answer or otherwise appear. Plaintiff’s failure to file a Motion for Entry of Clerk’s Default within the specified time may result in dismissal without prejudice and without further notice as to the Defendant(s). Once the Clerk enters default, Plaintiff must file one of the following two responses within seven (7) days of the entry of a Clerk’s Default: 1. Where there is only one Defendant, or where there are multiple Defendants but no allegations of joint and several liability and no possibility of inconsistent liability between Defendants, Plaintiff shall file a Motion for Default Final Judgment.1 2. Where there are multiple Defendants and allegations of joint and several liability or the possibility of inconsistent liability between Defendants, Plaintiff shall file a Motion to Determine Joint and Several Liability on Default. See Frow v. De La Vega, 82 U.S. 552, 554 (1872); 10A Charles Alan Wright and Arthur R. Miller, FEDERAL PRACTICE AND PROCEDURE § 2690 (3d ed. 1998) (citing Frow, 82 U.S. at 554); see also Gulf Coast Fans, Inc. v. Midwest Elecs. Imp., Inc., 740 F.2d 1499, 1512 (11th Cir. 1984). The Motion to Determine Joint and Several Liability on Default must briefly describe the allegations and advise the Court of the status of the other Defendants’ liability. Once liability is resolved as to all Defendants, Plaintiff may move for the entry of default final judgment against Defendants, as described in (1) above, no later than seven (7) days thereafter. 1 If there are multiple Defendants, Plaintiff must state in the Motion for Default Final Judgment that there is no joint and several liability and set forth the basis why there is no possibility of inconsistent liability. 1 The Motion for Default Final Judgment must include affidavits of any sum certain due by Defendant(s), and any other supporting documentation necessary to determine Plaintiff’s measure of damages. The Motion shall also be accompanied by (1) the necessary affidavit under the Servicemembers Civil Relief Act, 50 U.S.C. § 3931(b), if applicable; (2) a proposed order which details both the factual and legal basis for default; and (3) a proposed final judgment.2 Pursuant to the CM/ECF Administrative Procedures, the proposed orders shall be submitted to the Court by e-mail in Word format at [email protected]. Plaintiff shall send a copy of the Motion to counsel for Defendant(s) or to Defendant(s) if Defendant(s) do not have counsel. In the Certificate of Service, Plaintiff shall indicate that notice was sent and the address or addresses where notice was sent. Plaintiff shall not rely solely on the Court’s CM/ECF system to effectuate such service. If Defendant(s) fail to move to set aside the Clerk’s Default, default final judgment may be entered, which, simply put, means that Plaintiff may be able to take the property or money of Defendant(s) and/or obtain other relief against Defendant(s). Plaintiff’s failure to file a Motion for Default Final Judgment, and, if applicable, a Motion to Determine Joint and Several Liability on Default within the specified time will result in sanctions, including but not limited to, dismissal without prejudice as to those Defendants. 2 The latter two submissions are required by Local Rule 7.1(a)(2). 2

=== Standing Order on Joint Scheduling Reports ===

JUDGE BLOOM’S STANDING ORDER ON JOINT SCHEDULING REPORTS The parties shall consider the following when preparing their Joint Scheduling Report: Detailed Discovery Schedule: Local Rule 16.1(a) provides for a differentiated case management system based on the complexity of each case and the requirement for judicial involvement. That system categorizes cases along three case management tracks: expedited, standard, or complex. • Expedited track cases are relatively non-complex, require 1 to 3 days of trial, and between 90 and 179 days for discovery from the date of the scheduling order. • Standard track cases require 3 to 10 days of trial, and between 180 and 269 days for discovery from the date of the scheduling order. • Complex track cases are unusually complex, require over 10 days of trial, and between 270 and 365 days for discovery from the date of the scheduling order. “The following factors [are] considered in evaluating and assigning cases to a particular track: the complexity of the case, number of parties, number of expert witnesses, volume of evidence, problems locating or preserving evidence, time estimated by the parties for discovery and time reasonably required for trial, among other factors.” S.D. Fla. L.R. 16.1(a)(3). Fed. R. Civ. P. 26(b)(1) allows discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. The parties shall participate in good faith in developing a detailed discovery plan, including any agreed-upon limitation on scope, frequency and the extent of discovery. The parties shall include in their scheduling report any unique discovery matters, including any electronically stored information that should be preserved and accessed. The parties shall establish a detailed schedule for the preservation, disclosure and access of each different type or category of 1 electronically stored information. Consistent with the differentiated case management system, other relevant local rules (such as Local Rule 16.2, regarding mediation), and the twin goals of expeditious and attentive case management, the Court anticipates the following scheduling deadlines in the run of cases: • Selection of a mediator and scheduling of a time, date and place for mediation within 30 days of the scheduling order. • Deadline to amend pleadings and join parties within 60 days of the scheduling order. • Completion of all discovery consistent with the case management track guidelines, and 120 days prior to trial. • Completion of mediation prior to the deadline for dispositive pre-trial motions. • Deadline for dispositive pre-trial motions and Daubert motions (which include motions to strike experts) 100 days prior to trial. • Deadline for submission of joint pre-trial stipulation, proposed jury instructions and verdict form, or proposed findings of fact and conclusions of law, as applicable, 40 days prior to trial. • Calendar call one week prior to trial. Those deadlines are not exhaustive of deadlines which may be set in the scheduling order. The parties should address their joint scheduling report and their proposed pre-trial deadlines both to the differentiated case management system and to the Court’s anticipated deadlines. The parties are encouraged to explain their proposed deadlines in light of those overarching guidelines, including as to the factors listed in Local Rule 16.1(a)(3). The parties are cautioned that if they fail to submit a joint scheduling report by the applicable deadline, the Court may unilaterally set this case on a case management track in accordance with Local Rule 16.1(a) and calculated as if the scheduling report had been timely filed. As part of the joint scheduling report, the parties shall jointly complete and file with the Court the Election to Jurisdiction by a United States Magistrate Judge for Final Disposition of Motions appended to this Order as Attachment A. The Court will not accept unilateral submissions. A “Yes” should be checked only if all parties agree. If the parties consent to a full 2 disposition of the case by the Magistrate Judge, including trial and entry of final judgment, the parties shall jointly file the Election to Jurisdiction form appended to this Order as Attachment B. The parties are advised that even if they do not consent to jurisdiction by the Magistrate Judge, in accordance with 28 U.S.C. § 636(b), the Court may still refer motions to the Magistrate Judge for a report and recommendations. 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. xx-cv-xxxxx-BLOOM/xxxxxx _____________________, Plaintiff(s), v. _____________________, Defendant(s). _____________________________/ ELECTION TO JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE FOR FINAL DISPOSITION OF MOTIONS In accordance with the provisions of 28 U.S.C. § 636(c), the undersigned parties to the above-captioned civil matter hereby jointly and voluntarily elect to have a United States Magistrate Judge decide the following motions and issue a final order or judgment with respect thereto: 1. Motions for Costs Yes _____ No _____ 2. Motions for Attorney’s Fees Yes _____ No _____ 3. Motions for Sanctions 4. Motions to Dismiss Yes _____ No _____ Yes _____ No _____ 5. Motions for Summary Judgment Yes _____ No _____ ____________ (Date) ____________________________________________ (Signature—Plaintiff’s Counsel or Plaintiff if pro se) ____________ (Date) ____________________________________________ (Signature—Defendant’s Counsel or Defendant if pro se) Attachment A 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. xx-cv-xxxxx-BLOOM/xxxxxx _____________________, Plaintiff(s), v. _____________________, Defendant(s). _____________________________/ MAGISTRATE JUDGE JURISDICTION FOR TRIAL In accordance with the provisions of 28 U.S.C. § 636(c), the undersigned parties to the above-captioned civil matter hereby jointly and voluntarily elect to have a United States Magistrate Judge conduct any and all further proceedings in the case, including TRIAL, and entry of final judgment with respect thereto. ____________ (Date) ____________________________________________ (Signature—Plaintiff’s Counsel or Plaintiff if pro se) ____________ (Date) ____________________________________________ (Signature—Defendant’s Counsel or Defendant if pro se) Attachment B 5