Policies and Procedures; Change of Plea Colloquy; Sample Scheduling Order; Sample Order Scheduling Mediation; Sample Jury Trial Instructions

=== Policies and Procedures ===

Telephone Contact Information Main Chambers: 305-523-5730 Courtroom Deputy: Graciela Gomez, 305-523-5736 Clerk end digits 0-2, 9: 305-523-5731 Clerk end digits 3-5, 9: 305-523-5733 Clerk end digits 6-8, 9: 305-523-5732 E-mail address: [email protected] Communications The chambers email address above is the preferred method to contact chambers. For time- sensitive matters or emergencies, counsel may contact chambers by phone, including the courtroom deputy and/or the law clerks, to inquire about procedures specific to Judge Ruiz or to modify a scheduled hearing due to unforeseen circumstances. Chambers will not answer questions regarding procedures that are otherwise governed by the Federal Rules of Civil Procedure and/or the Local Rules for the Southern District of Florida nor provide legal advice. Civil Procedures Joint Scheduling Report. Once the Defendant(s) appear(s) in the action, the parties shall prepare and file a joint scheduling report and a proposed scheduling order. A sample proposed scheduling order, in the Court’s preferred format, is located under the “Sample Orders” tab. In addition to attaching a proposed order to the joint scheduling report and filing both on the active docket, the parties shall also e-mail their proposed scheduling order, in Word format, to the Court at [email protected]. The Court will set the case for trial following receipt of the parties’ joint scheduling report and proposed scheduling order. The joint scheduling report should make clear the type of trial the parties are requesting. Where a party demands a jury trial, the demanding party or parties shall include the legal basis for the jury trial demand in the parties’ joint scheduling report. Orders Scheduling Mediation. By the date set on the Court’s Scheduling Order, the parties shall select a mediator in accordance with S.D. Fla. L. R. 16.2 and schedule a time, date, and place for mediation. The parties shall file a Notice of Mediator Selection and Hearing on the public docket via CM/ECF along with an attached Proposed Order Scheduling Mediation in the form specified on the Court’s website under the “Sample Orders” tab. The parties shall also submit the Proposed Order Scheduling Mediation in Microsoft Word to [email protected] on the same day. The mediation should take place in person absent a showing of good cause to conduct a virtual mediation. Requests showing good cause to conduct the mediation virtually by videoconference or other remote means must be made by motion before the parties file the Notice of Mediator Selection and Hearing. format Motions, Responses & Replies. Unless otherwise specified by the Court, every motion, response, and reply shall be double-spaced in Times New Roman 12-point typeface. Multiple plaintiffs or defendants shall file joint motions with co-parties unless there are clear conflicts of position. The applicable pages limits for individual parties shall apply for joint pleadings absent leave of Court. Where a complaint names multiple defendants, defendants shall submit a single combined response or separate answers within the time allowed by the Federal Rules of Civil Procedure for the last-served defendant to respond. Hearings. Counsel for each party shall appear in person for hearings on all substantive motions. Counsel may request to appear by telephone or video teleconference platform by Motion at least one (1) day before the scheduled hearing. Calendar Call & Pretrial Conference. Calendar Calls are typically held on the Tuesday prior to the commencement of the two-week trial period at 11:00 a.m., unless otherwise noted. The Court will not set a pretrial conference unless requested by the parties and upon a showing of good cause. Discovery. The Court refers all discovery matters to the Magistrate Judge. The parties shall follow the Discovery Procedures of the paired Magistrate Judge to determine whether filing written discovery motions, including motions to compel, for protective order, or for sanctions, is permitted. The Discovery Procedures for the Court’s currently paired Magistrate Judges are accessible under the “Discovery Procedures” tab. Settlements. If a settlement is reached, please immediately contact chambers by telephone (305- 523-5730) and/or email ([email protected]) in addition to filing a notice of settlement on CM/ECF. Proposed Orders. Parties shall submit all proposed orders in Microsoft Word format to [email protected]. In addition to the proposed order requirements outlined in S.D. Fla. L. R. 7.1, S.D. Fla. CM/ECF Administrative Procedure 3(I)(6), and the Court’s Scheduling Order Procedures, the Court further requires any party moving for unopposed relief to submit a proposed order granting the requested unopposed relief. The proposed order shall be submitted in Microsoft Word format to [email protected] on the same day the unopposed motion is filed. The parties shall also submit proposed orders granting any motion requesting relief to which no response in opposition is ultimately filed. Where no response is filed, the moving party shall submit a proposed order granting the requested relief within seven (7) days after a response deadline has passed with no responsive filing. Electronic Equipment. Parties requiring the use of electronic equipment in a hearing or trial shall file a motion with the Court listing the items needed and the names of the attorneys and/or staff who will be using the equipment.

=== Change of Plea Colloquy ===

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA JUDGE RODOLFO RUIZ – CHANGE OF PLEA COLLOQUY A. INTRODUCTION 1. To Defense Counsel: It is my understanding that your client wishes to change his plea from not guilty here today; is that correct? 2. Are you here to enter a guilty plea? B. COMPETENCE 1. Do you understand that you are now under oath and if you answer any of my questions falsely, your answers may later be used against you in another prosecution for perjury or for making a false statement? 2. What is your full name? 3. Are you or have you ever been known by any other name or alias? 4. Where were you born? 5. When did you come to the United States? 6. How old are you? 7. How far did you go in school? Where? 8. Are you able to read and write? 9. Are you a citizen of the United States? A resident? 10. If a citizen: a. When did you become a citizen? b. To the Government: Did any of the criminal conduct precede the naturalization? 11. Have you ever been treated for any mental illness or addiction to alcohol or narcotic drug of any kind? 12. Are you currently under the influence of any prescription drug, narcotic, medication or alcoholic beverage of any kind? Have you taken any drugs, medication or alcohol in the last 48 hours? 13. Are you currently under the care or treatment of any physician, psychologist or psychiatrist? Do you believe that you have a physical or mental condition or illness which would prevent you from understanding what is happening in court today? 14. Do you understand everything I’m saying and everything that is going on here today? 15. Does Defense Counsel agree as to the competency of the defendant to enter this plea? C. CHARGES AND REPRESENTATION 1. Have you received a copy of the indictment pending against you – that is, the written charges made against you in this case? 2. Have you fully discussed those charges, and the case in general, with _____________, as your counsel? 3. Have you discussed possible defense strategies with _________________? 4. Are you fully satisfied with the counsel, representation, and advice given to you in this case by your attorney, ____________________? 5. Is there anything concerning your representation that you are not satisfied with? 6. Count ___ of the indictment charges that from a date unknown but at least as early as ____________ and continuing through on or about _________________________.... The indictment also___________________.... You have agreed to plead guilty to Count ___ of the indictment. Do you understand that charge? Page 2 of 8 7. To the Government: I would ask for the record if the Government would set forth the elements of that count? a. To Defense Counsel: Are you satisfied that is a correct statement of the elements of Count ___? 8. To Defense Counsel: Would you state for the record the steps you have taken to familiarize your client with the indictment, the charges against him, and specifically Count ___ of the Indictment and its elements? a. To Defendant: Is that your understanding? 9. Do you understand that if you went to trial, the government would have to prove beyond a reasonable doubt that ____ (elements) ______? 10. Discuss forfeiture allegations in the Indictment. a. Do you understand that the Government is seeking to forfeit or take from you the property listed in the Indictment, or any property derived from, or used in, or traceable to the crimes alleged in the Indictment? b. And do you agree to forfeit to the government that property identified in the forfeiture allegations of the Indictment? D. WRITTEN PLEA AGREEMENT 1. Have original agreement produced; to Defendant: is this the agreement you signed? 2. Before you signed the written plea agreement, did you have a full and complete opportunity to talk to your attorney about its content? 3. Do you believe you understand the written plea agreement in its entirety? 4. Does the plea agreement represent in its entirety the understanding you have with the Government? Page 3 of 8 5. No additional promises made to you that are not contained in this plea agreement? 6. Do you understand that the terms of the plea agreement are merely recommendations to the court, that I can reject the recommendations without permitting you to withdraw your plea of guilty, and that I can impose a sentence that is more severe than you may anticipate? E. APPELLATE WAIVER RIDER (if applicable) 1. Do you understand that federal law gives you the right to appeal the sentence that I impose or the manner in which I impose it? 2. Do you understand that, by entering into this plea agreement, you would be waiving or giving up your right to appeal the sentence that I impose or the manner in which I impose it—except for two and only two situations: (1) if the Government were to appeal the sentence, then you would be absolved of your appellate waiver and you, too, would be allowed to appeal; or (2) if I were to sentence you above the statutory maximum permitted by law, you would be permitted to appeal that decision. But, aside from these 2 very narrow exceptions, you are giving up your right to appeal. Do you understand that? 3. Have you had a chance to discuss with your lawyer all the reasons why he/she thinks waiving your right to appeal is the best thing for you and your case? 4. Did your lawyer answer any questions you might have had about the costs and benefits of waiving your right to appeal? 5. Has anyone threatened you in order to induce you to waive your right to appeal? 6. Has anyone forced or coerced you in order to get you to waive your right to appeal? Page 4 of 8 7. Other than the promises made to you by the United States in your plea agreement, has anyone made any other promises, assurances, or guarantees to you to get you to waive your right to appeal? 8. So are you waiving your right to appeal because you agree with your lawyer’s advice that waiving your right to appeal is the best thing for you and your case? F. SENTENCING GUIDELINES 1. The United States Sentencing Commission has issued guidelines for Judges to follow to determine the sentence in a criminal case. Have you and your attorney had the opportunity to talk about how the Sentencing Guidelines may apply to the charge you are prepared to plead guilty to, that is Count ______? 2. Do you understand that your sentence will be calculated pursuant to the Sentencing Guidelines, which assign a score to your offense and to your criminal history? 3. Do you understand that any estimate of the sentence given to you by your attorney or others is only an estimate, and that I will not determine the sentence until I have reviewed a presentence investigation report? 4. Do you understand that you will not be allowed to withdraw your guilty plea solely as a result of the sentence that you receive? 5. Do you understand that under some circumstances you or the Government may have the right to appeal the sentence that I impose? Do you understand that I can depart or vary from the Sentencing Guidelines and give you a sentence that is higher or lower than the sentence fixed by the Sentencing Guidelines? 6. Do you understand that if I depart or vary upward from the Sentencing Guidelines you may appeal the sentence? Page 5 of 8 7. Do you understand that if I depart or vary downward from the Sentencing Guidelines you or the Government may appeal the sentence? 8. Has it been explained to you that parole has been abolished in the federal system, so if you are sentenced to prison, you will not be released early on parole? G. VOLUNTARINESS 1. Has anyone made any other or different promise or assurance of any kind to you in an effort to induce you to plead guilty in this case? 2. Has anyone attempted in any way to force you to plead guilty in this case? 3. Are you pleading guilty of your own free will because you are in fact guilty? H. LOSS OF LIBERTIES 1. Do you understand that the offense to which you are pleading guilty is a felony offense, that if your plea is accepted you will be adjudged guilty of that offense, and that such adjudication may deprive you of valuable civil rights? 2. These include the right to vote, the right to hold office, the right to serve on a jury, and the right to possess any kind of firearm? 3. Do you understand that an adjudication of guilt could also affect your immigration status or your ability to remain in or return to the United States? 4. And do you understand that if you committed the crime for where you are pleading guilty before you are naturalized, the Court may initiate denaturalization proceedings against you? Page 6 of 8 I. WAIVER OF CONSTITUTIONAL RIGHTS 1. Do you understand that you have a right to plead not guilty to any offense charged against you and to persist in that plea through a trial? 2. Do you understand that if you plead not guilty you would then have the right to a trial by jury? 3. Furthermore, do you understand that at a trial: a. You would be presumed to be innocent and the government would have to prove your guilt beyond a reasonable doubt. b. You would have the right to the assistance of effective and competent counsel for your defense at trial and at every other proceeding in this case (and that includes, if you need it, the right to have counsel appointed for you if you cannot afford a lawyer on your own). c. You would have the right to see and hear all of the witnesses and evidence brought against you. d. You would have the right to have the witnesses and evidence confronted and cross-examined in your defense. e. You would have the right to the issuance of subpoenas or compulsory process to compel the attendance of witnesses and evidence for the promotion of your defense. f. You would have the right to decline to testify unless you voluntarily elected to do so in your defense, and if you decided not to testify, your silence could not be used against you in any way and you would retain the presumption of innocence. Page 7 of 8 g. If you were convicted, you would have the right to appeal your conviction. h. Do you further understand that if you enter a plea of guilty there will be no trial and that you will have waived or given up your right to a trial, as well as those other rights associated with a trial that I just described? J. FACTUAL BASIS 1. To the Government: Will the Government please set forth a factual basis with regard to Count ____ of the Indictment. 2. You have heard what has been said. a. Do you agree it is an adequate statement of what has transpired in this case? b. Do you have any changes or objections to what the prosecutor has said? 3. To Defense Counsel: a. Are you satisfied that your client understands his rights and what he is giving up today? b. Are you satisfied that there has been a sufficient statement of factual basis with regard to Count ____ of the Indictment? 4. How do you now plead to the charges set forth in Count ____ of the indictment: guilty or not guilty? Page 8 of 8

=== Sample Scheduling Order ===

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. XX-CV-XXXXX-RAR XXXX., Plaintiff, v. XXXX, Defendant. _______________________________________/ ORDER SETTING JURY TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE THIS CASE is set for trial during the Court’s two-week trial calendar beginning on XXXX. Counsel for all parties shall also appear at a calendar call at 11:00 a.m. on XXXX.1 Unless instructed otherwise by subsequent order, the trial and all other proceedings in this case shall be conducted in Courtroom 11-2, 11th Floor, at the Wilkie D. Ferguson, Jr. United States Courthouse, 400 North Miami Avenue, Miami, Florida 33128. The parties shall adhere to the following schedule: XXXX The parties shall select a mediator in accordance with Local Rule 16.2; schedule a time, date, and place for mediation; and jointly file a proposed order scheduling mediation via CM/ECF in the form specified on the Court’s website. The mediation shall take place in person. Requests to appear virtually by videoconference or other remote means must be made by motion. In addition to filing the joint proposed order, the parties shall also email the order to [email protected] in Word format. The email subject line must include the case number as follows: XX-CV-XXXX-RAR. If the parties cannot agree on a mediator, they shall notify the Clerk in writing as soon as the impasse becomes clear, and the Clerk shall designate a certified mediator on a blind rotation basis. Counsel for all parties shall familiarize themselves with, and adhere to, all provisions of 1 Pursuant to Local Rule 16.1(c), the Court does not conduct pretrial conferences unless otherwise requested by the parties. Local Rule 16.2.2 Within seven (7) days of the mediation, the parties shall file a joint mediation report with the Court. The report shall indicate whether the case settled (in full or in part), whether it was adjourned, or whether the mediator declared an impasse. If mediation is not conducted, the case may be stricken from the trial calendar, and other sanctions may be imposed. XXXX. The parties shall file all motions to amend pleadings or to join parties. XXXX. The parties shall exchange expert witness summaries or reports. XXXX. The parties shall exchange rebuttal expert witness summaries or reports. XXXX. All discovery, including expert discovery, shall be completed.3 XXXX. The parties must have completed mediation and filed a mediation report. XXXX. The parties shall file all pre-trial motions, including motions for summary judgment, and Daubert motions. Each party is limited to filing one Daubert motion. If a party cannot address all evidentiary issues in a 20-page memorandum, it must petition the Court for leave to include additional pages. The parties are reminded that Daubert motions must contain the Local Rule 7.1(a)(3) certification. XXXX. The parties shall submit a joint pre-trial stipulation, proposed jury instructions and verdict form, or proposed findings of fact and conclusions of law, as applicable, and shall file any motions in limine (other than Daubert motions). Each party is limited to filing one motion in limine, which may not, without leave of Court, exceed the page limits allowed by the Rules. The parties are reminded that motions in limine must contain the Local Rule 7.1(a)(3) certification. Jury Instructions and Verdict Form. Although they need not agree on each proposed instruction, the parties shall submit their proposed jury instructions and verdict form jointly. Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions proposed only by a plaintiff shall be underlined. Instructions proposed only by 2 Pursuant to Local Rule 16.2(e), the appearance of counsel and each party (or the representatives of each party with full authority to enter into a full and complete compromise and settlement) is mandatory. The Court may impose sanctions against parties and/or counsel who do not comply with these attendance or settlement authority requirements. The mediator shall report non-attendance to the Court and may recommend the imposition of sanctions for non-attendance. 3 The parties may, by agreement or with the consent of the paired Magistrate Judge, extend this deadline so long as that extension does not interfere with any of the other deadlines contained in this Scheduling Order. Page 2 of 5 a defendant shall be italicized. Every instruction must be supported by citation to authority. The parties shall use as a guide the Eleventh Circuit Pattern Jury Instructions for Civil Cases, including the directions to counsel contained therein. The parties shall submit, in Word format via e-mail to [email protected], proposed jury instructions and verdict form, including substantive charges and defenses, prior to the Calendar Call. The email subject line must include the case number as follows: XX-CV-XXXX-RAR. For instructions on filing proposed documents, please see http://www.flsd.uscourts.gov. Referral to Magistrate Judge. Pursuant to 28 U.S.C. § 636 and this District’s Magistrate Judge Rules, all discovery matters are hereby referred to United States Magistrate Judge XXXX. Furthermore, in accordance with 28 U.S.C. § 636(c)(1), the parties may consent to trial and final disposition by the Magistrate Judge. The deadline for submitting a consent is XXXX. Good Faith Conferral. For the purposes of compliance with the good faith conferral requirement of Local Rule 7.1(a)(3), the parties are instructed that a single e-mail exchange with opposing counsel shall not constitute a good faith effort under the Local Rules. The parties are instructed to confer either telephonically or in person. Discovery. The parties may stipulate to extend the time to answer interrogatories, produce documents, and answer requests for admissions. The parties shall not file with the Court notices or motions memorializing any such stipulation unless the stipulation interferes with the deadlines set forth above. Stipulations that would so interfere may be entered into only with the Court’s approval. See FED. R. CIV. P. 29. In addition to the documents enumerated in Local Rule 26.1(b), the parties shall not file notices of deposition with the Court. Strict compliance with the Local Rules is expected, particularly with respect to motions practice. See S.D. FLA. L.R. 7.1. Page 3 of 5 Discovery Disputes. The parties shall not file any written discovery motions, including motions to compel, for protective order, or for sanctions, without the consent of Magistrate Judge XXXX. Counsel must actually confer and engage in reasonable compromise in a genuine effort to resolve their discovery disputes before seeking the Court’s intervention. The Court may impose sanctions, monetary or otherwise, if it determines that a party has improperly sought or withheld discoverable material in bad faith. If, after conferring, the parties are unable to resolve their discovery dispute without Court intervention, they shall not file written motions. Rather, the parties shall follow Judge XXXX’s discovery practices and procedures to schedule the matter for a hearing. Trial Exhibits. All trial exhibits must be pre-marked. The Plaintiff’s exhibits must be marked numerically with the letter “P” as a prefix; the Defendant’s exhibits must be marked numerically with the letter “D” as a prefix. The parties must submit a list setting out all exhibits by the date of the calendar call. This list must indicate the pre-marked identification label (e.g., P-1 or D-1) and include a brief description of the exhibit. The exhibit list shall refer to specific items and shall not include blanket statements such as all exhibits produced during depositions or Plaintiff reserves the use of any other relevant evidence. Exhibits omitted from the list will not be allowed at trial. Voir Dire Questions. The Court will require each prospective juror to complete a brief written questionnaire prior to the commencement of questioning in the courtroom. Any party may submit up to five proposed, case-specific questions to be included in the questionnaire. The proposed questions must be filed with the Court on or before Calendar Call and must also be submitted to the Court, in Word format, via e-mail to [email protected]. The email subject line must include the case number as follows: XX-CV-XXXX-RAR. The Court will begin voir Page 4 of 5 dire by questioning the venire individually and as a whole and will permit limited attorney-directed voir dire thereafter. The Court will not permit the backstriking of jurors. Counsel shall meet and prepare a concise, non-argumentative statement of the case to be read to the jury in connection with voir dire. The statement shall be filed with the Court also at or before calendar call. Settlement Notification. If this matter is settled, counsel shall inform the Court promptly via telephone (305-523-5730) and/or e-mail ([email protected]). In addition, counsel must promptly file a stipulation of settlement. DONE AND ORDERED in Miami, Florida, this [day] day of [month], 2024. _________________________________ RODOLFO A. RUIZ II UNITED STATES DISTRICT JUDGE Page 5 of 5

=== Sample Order Scheduling Mediation ===

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. XX-CV-XXXX-RAR XXXX, Plaintiff, v. XXXX., Defendant. _______________________________________/ ORDER SCHEDULING MEDIATION The mediation conference in this matter shall be held with [mediator name] on [date], at [time] at [physical address]. A report of the mediation must be filed within seven (7) days of the mediation conference. DONE AND ORDERED in Miami, Florida, this [day] day of [month], 2024. _________________________________ RODOLFO A. RUIZ II UNITED STATES DISTRICT JUDGE

=== Sample Jury Trial Instructions ===

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. XX-CV-XXXXX-RAR XXXX, Plaintiff, v. XXXX, Defendant. _______________________________________/ ORDER PROVIDING INSTRUCTIONS FOR JURY TRIAL THIS CAUSE comes before the Court upon sua sponte review of the docket. The parties are advised that unless instructed otherwise by subsequent order, the trial and all other proceedings in this case shall be conducted in Courtroom 11-2, 11th Floor, at the Wilkie D. Ferguson, Jr. United States Courthouse, 400 North Miami Avenue, Miami, Florida 33128. It is further ORDERED AND ADJUDGED as follows: EVIDENTIARY MATTERS 1. In preparation for the jury trial scheduled to commence during the two-week trial period beginning on XXXX, counsel shall meet and prepare an Exhibit Notebook, consisting of three (3) divisions. The first division shall contain the parties’ joint exhibits; the second division shall contain Plaintiff’s exhibits; and the third division shall contain Defendant’s exhibits. Each division shall be clearly and adequately designated (tabbed) and each exhibit appropriately labeled. The first page after each tab shall be a face page identifying the exhibit by number and type (i.e., Joint, Plaintiff’s, or Defendant’s). Those exhibits which are joint shall not be repeated in the second or third divisions of the notebook. The Plaintiff’s exhibits must be marked numerically with the letter “P” as a prefix; the Defendant’s exhibits must be marked numerically with the letter “D” as a prefix. The Exhibit Notebook shall also include an exhibit index containing a brief description of each exhibit. The parties shall include in the Notebook only those exhibits that are considered absolutely necessary. The failure to include any particular exhibit in the Notebook, however, shall not preclude admission of any exhibit that was properly listed on the party’s pretrial exhibit list. 2. At the calendar call on XXXX, the parties shall submit to the Court the index of the exhibits in the Exhibit Notebook. The index must be prepared on Form AO 187, with objections to exhibits indicated. Counsel shall each have a copy of the Exhibit Notebook and shall provide a copy to the Court on the first day of trial. To the extent possible, the Court will rule on all objections at that time. 3. Following the Court’s rulings on motions in limine and objections to exhibits, counsel shall revise the Exhibit Notebook (including the Court’s and each counsel’s copy) in accordance with the Court’s rulings. The revised Exhibit Notebook shall contain only those Exhibits to which there is no objection. 4. Subsequent to the Court’s ruling on any pending motions in limine, the parties shall submit: (a) an updated assessment of the estimated time required for the trial of this action; and (b) a list indicating each witness who will testify at trial, a one sentence synopsis of the testimony, and in consultation with opposing counsel, the amount of time needed for direct and cross examination. INSTRUCTIONS REGARDING THE USE OF DEPOSITIONS AT TRIAL If deposition transcripts will be used at trial, the parties shall comply with the following guidelines: 5. At least twenty-eight (28) days in advance of trial, Plaintiff shall serve designations of any deposition transcripts they intend to use at trial. At least twenty-one (21) days in advance of trial, Defendant shall serve their counter-designations, together with any objections to Plaintiff’s Page 2 of 4 designations. At least fourteen (14) days in advance of trial, Plaintiff shall serve any rebuttal designations, together with any objections to Defendant’s counter-designations. At least seven (7) days in advance of trial, Defendant shall serve any objections to Plaintiff’s rebuttal designations. 6. By the calendar call, the parties shall prepare and JOINTLY FILE one transcript for each deposition to be used during trial. The parties shall edit the transcript, using a mini-transcript when available, to remove all irrelevant, extraneous and unnecessary pages. Each portion of the testimony designated shall be bracketed to indicate beginning and end. A notice of filing setting forth each party’s designated testimony by line and page, and setting forth all objections, shall be filed with the transcript. In addition to listing objections in the notice of filing, the objections shall also be indicated in the margin of the transcript. The parties may either write their objections in the margins, or use logical abbreviations that will be apparent to the Court and other parties (for example “H” for hearsay). If the parties use abbreviations, the notice of filing must include a key for the Court’s reference. 7. A courtesy copy of the notice and transcript shall be delivered to chambers at the time of filing. Each party shall mark the courtesy copy of the transcript with a different color ink or highlighter to identify its designated portions of the transcript. MISCELLANEOUS INSTRUCTIONS 8. If the case is settled, counsel shall inform the Court promptly by calling the Judge’s Chambers and submit an appropriate order for dismissal with prejudice, pursuant to Fed. R. Civ. P. 41(a)(1). The proposed order SHALL be filed no later than five (5) days after notice of settlement is given to the Court. In any event, the deadline for submitting any notice of settlement is noon the day before the first day of trial, to give the Court sufficient time to make changes to the calendar and any requests for the summoning of jurors. Page 3 of 4 9. In order to facilitate the accurate transcription of the trial proceeding by the court reporter, no later than five (5) days prior to the scheduled trial period the parties shall file copies of: (1) the witness and exhibit lists, and (2) a designation of unique proper nouns/names which may be raised at trial. Furthermore, no later than five (5) days prior to the scheduled trial period they shall deliver to the court reporter digital copies of all exhibits to be used at trial. 10. Non-compliance with any provision of this Order may subject the offending party to sanctions or dismissal. All dates established by prior Court Order remain in effect, except that, to the extent any of the provisions of this Order conflict with a prior Court Order, this Order controls. DONE AND ORDERED in Miami, Florida, this [day] day of [month], 2024. _________________________________ RODOLFO A. RUIZ II UNITED STATES DISTRICT JUDGE Page 4 of 4