Judge Marty Fulgueira Elfenbein

Judge Marty Fulgueira Elfenbein C. Clyde Atkins U.S. Courthouse 301 North Miami Avenue 5th floor Miami, Florida 33128 Directions Chambers: (305) 523-5740

Courtroom Deputy: Octavia Green Miami: (305) 523-5283 Email: Octavia_Green@flsd.uscourts.gov Law Clerk end digits 0-4: (305) 523-5741 Law Clerk end digits 5-9: (305) 523-5742

Judge's Biography

Marty Fulgueira Elfenbein was sworn in as a United States Magistrate Judge for the Southern District of Florida on March 11, 2024. Before joining the judiciary, from September 2018 to March 2024, Judge Elfenbein served as an Assistant United States Attorney in Miami, prosecuting cases in the Major Crimes and Economic and Environmental Crimes Sections. In her last year as a prosecutor, she was the Chief of the Collateral Litigation Section, overseeing all post-conviction litigation and filter reviews on a district-wide basis. Prior to joining the U.S. Attorney’s Office, she worked as a law clerk for the Honorable Beth Bloom in the Southern District of Florida. From 2006 to 2016, Judge Elfenbein was an associate and later a partner at Rumberger, Kirk, and Caldwell, P.A. where she focused her federal and state practice in the areas of aviation law, products liability, premises liability, and insurance defense. She earned a degree in newspaper journalism in 2002 and a Juris Doctor degree in 2005, both from the University of Florida.

Communication

Counsel may contact chambers, including the courtroom deputy and/or the law clerks, about procedures specific to Judge Elfenbein and for scheduling hearings. Chambers will not answer questions regarding substantive matters pertaining to the case or procedures that the Federal Rules of Civil Procedure and/or the Local Rules for the Southern District of Florida otherwise govern. Likewise, chambers will not provide advice on how to handle legal questions. When contacting chambers, please have all counsel of record or pro se parties, as applicable, on the telephone call and be ready to provide the case number and presiding Judge so that we may better assist you. Absent a true emergency, counsel of record shall not contact chambers to ask questions concerning the status of pending matters.

Except for any confidential statements submitted pursuant to the Court’s Order Scheduling Settlement Conference, any communications via email should copy all counsel of record or any pro se parties, as applicable. Any proposed orders or scheduling matters can be communicated via email to Elfenbein@flsd.uscourts.gov

Discovery Procedures

In cases where the presiding District Judge refers all pretrial discovery matters to Judge Elfenbein, the Court will issue a standing discovery order with specific discovery procedures for use in the event of a discovery dispute. Written discovery motions are not permitted without leave of Court. Counsel should confer first and, if Court intervention is necessary, contact chambers to schedule a hearing. Personal conference, in person or by telephone, is required unless the opposing party or counsel refuses to confer, in which case the moving party should advise the Court in the notice of discovery hearing of such good faith efforts to confer and the opposing party or counsel’s refusal.

The Court expects parties and their counsel to be professional and cooperative in all discovery matters. Counsel shall not call chambers to seek an immediate ruling to address any dispute that arises during a deposition.

Sample discovery procedures order

Settlement Procedures

Settlement conferences generally start at 9 a.m. and continue until at least 12 p.m. The Court requires in-person appearances of parties with full authority to resolve the case. Counsel may move for Zoom appearances if there are truly extraordinary circumstances. Except for cases filed under the Fair Labor Standards Act, the Court requires each party to submit a pre-conference, confidential settlement memorandum. Additional details will be outlined in the Court’s Order Scheduling Settlement Conference.

Motion Practice-Next Generation Lawyers

Ordinarily, only one lawyer for each party may argue at a hearing. Nevertheless, the Court has a strong commitment to supporting the development of our next generation of lawyers. The Court encourages parties and senior attorneys to allow less-experienced practitioners the opportunity to argue in court. A party should advise the Court prior to the beginning of the hearing if a lawyer of five (5) or fewer years of experience will be arguing the matter. In that event, the Court will allow multiple lawyers to argue on behalf of that party.

Employment

Clerkship Applications:

Anyone interested in applying for a clerkship with Judge Elfenbein should email a cover letter, a resume, a transcript, a writing sample, and two letters of recommendation to Elfenbein@flsd.uscourts.gov. The subject line should be: Law Clerk Application.