Exit Exit

Last Modified 02/28/2005 10:41 AM
Federico A. Moreno
U.S. District Judge


The following information has been secured by voluntary questionnaire from the judiciary. This information is not binding on any judge or court official and may not be relied upon for precedential purposes.



Location of Chambers: 99 N.E. 4th Street #1061 Miami, Fl 33132
Phone Number: (305) 523-5110
Assigned Courtroom: Courtroom 4, Room 1041

1. STAFF:
    Scheduling Assistant/Secretary: Shirley Christie
    Courtroom Deputy: Marilyn Carter
    Phone Number: (305) 523-5115

    Court Reporter: Anton Schwartz
    Phone Number: (305) 523-5118
    Docketing Clerk: :prraome Samde;om
    Phone Number: (305) 523-5236

      Law Clerks:

        (1) Tony Stabenow
        Term Ending: 8/31/05
        Law School: University of Iowa College of Law

        (2) John Worm
        Term Ending: 12/16/05
        Law School: University of Notre Dame Law School

    Policy regarding communication with staff [i.e., Do you permit counsel to contact assigned law clerks?]:
    Counsel may contact law clerks regarding scheduling. However, all requests should be in writing by way of motions or notices. The Court reviews every pleading filed.

2. PRETRIAL PROCEDURE (CIVIL):
    A. Preliminary Pretrial Hearings:

      Do you conduct preliminary pretrial hearings?
      Yes_X_No___

      If YES, what matters do you typically discuss during preliminary pretrial hearings?
      Status hearings and Oral Argument on motions are frequently held.

      If NO, do you refer preliminary pretrial hearings to a United States Magistrate Judge?
      Yes___No___

    B. Motion Practice:

      Do you regularly set aside time during a given week/month for hearings on motions?
      Yes_X_No___

      If YES, when is your normal hearing date/time?
      It varies. All hearings are specially set.

      What are your procedures concerning ex-parte temporary restraining orders?

      Do you hear preliminary injunction motions yourself?

      Yes_X_No___

      If NO, do you routinely refer preliminary injunctions for report and recommendation by a U.S. Magistrate Judge?

      Yes___No_X_

      If YES, do you limit the hearing to argument of counsel?
      Yes_
      X_No___

      If NO, what are your procedures for the receipt of evidence during a hearing on a preliminary injunction?

      What is your practice concerning oral arguments of dispositive motions?

      The Court will sometimes hear oral argument on a dispositive motion. It depends on the issues presented to the court.

    C. Settlement:

      What is your policy/practice regarding the use of alternative dispute resolution devices such as court-annexed, non-binding arbitration and mediation?

      Do you personally conduct settlement discussions?

      Yes___No_X_

      If YES, under that circumstances?

    D. Discovery:

      Do you refer discovery matters to a U.S. Magistrate Judge?
      Yes___No___ It depends.

    E. Pretrial Conference:

      Do you personally conduct pretrial conferences in your cases?
      Yes_
      X_No___ If pretrial conference is held. The court regularly holds calendar call.

      If YES, do you have a standing order regarding pretrial conference?
      Yes___No_
      X_ (If YES, please attach a copy.)
3. PRETRIAL PROCEDURE (CRIMINAL)
    A. Preliminary Pretrial Hearings:

      Do you personally conduct preliminary pretrial conferences in criminal cases?
      Yes___No_X_Except Calendar call is held.

      If YES, what matters do you typically discuss during a preliminary pretrial conference?

      If NO, do you refer preliminary pretrial conferences to U.S. Magistrate Judges?

      Yes___No___

      Do you have a policy regarding the timing of disclosure of Jencks Act material?

      Yes_X_No___ The policy is to follow 18 U.S.C. § 3500

      If YES, what is your policy?

    B. Pleas:

      What is your policy concerning nolo contendere or Alford?
      Not accepted.

      What is your policy concerning plea arrangements that involve sentencing recommendations?

      Accepted, but not binding on the court.
4. TRIAL:
    A. Trial Dates:

      Do you grant trial dates certain?
      Yes___No_X_ Trial is set for a two-week trial period.

      If YES, under what circumstances will you grant trial date certain?

      If a case is not reached during the scheduled trial term, will the trial date be automatically rescheduled on your next trial docket?

      Yes___No___ Case is always reached or continued at the request of a party.

      If NO, what is your practice or procedure regarding rescheduling trials which are not reached on a trial docket?

      What is your policy regarding notice of being called for trial during a trial docket? [e.g., 48 hours]

    B. Trial Briefs:

      Do you require trial briefs in jury trials?
      Yes___No_X_

      Do you require trial briefs in bench trials?

      Yes___No___ Pre Trial Stipulation is sufficient.

      What are your requirements for trial briefs?

      When are trial briefs due?

      Do you require proposed findings of fact and conclusions of law to be filed in bench trials?

      Yes___No_X_

      If YES, when do you require the proposed findings of fact and conclusions of law to be filed?


      When do you require parties to file proposed jury instructions?

    C. Voir Dire:

      Do you permit counsel to conduct voir dire?
      Yes_X_No___

      If YES, what guidelines or restrictions must counsel follow when conducting voir dire?

      If judge conducts voir dire, can parties submit proposed voir dire questions?

      Yes___No___

      If YES, when should such questions be submitted?

      What are your preemptory challenge procedures?

      Sidebar

      In multiple party cases, do you grant each party three preemptory challenges?
      Yes___No_X_ Preemptory challenges are allocated to each side.

      If NO, do you limit each side [i.e., plaintiff/defense] a total of three preemptory challenges to be shared?

      Yes_X_No___

    D. Opening Statement:

      Do you have any standard time limits imposed upon counsel?
      Yes___No_
      X_

      If YES, what are the time limits?

      Can exhibits be used in opening statements?

      Yes_X_No___ Sometimes

    E. Use of Expert:

      Do you conduct Daubert hearings prior to trial?
      Yes_X_No___

    F. Procedure For Use Of Videotapes, Trial Graphics, Depositions and Demonstrations:


      G. Procedure For Objections:


      H. Jury Procedures:

        Do you permit jurors to take notes?
        Yes_X_No___

        Do you permit jurors to ask questions either orally (writing)?
        Yes_
        X_No___ In writing during deliberations, if parties consent.

        If YES, under what constraints and restrictions?
    5. SENTENCING:
        Do you allow the submission of sentencing memoranda?
        Yes_X_No___

        If YES, under what circumstances do you allow such submission?

        Do you divulge the probation officer's sentencing recommendation?
        Yes___No_
        X_
    6. OTHER QUESTIONS:
        What are your “pet peeves,” for the information of the lawyers appearing before you?

        What, if any, other observations or suggestions do you have for members of the Bar appearing before you?





    Attachment 1.pdf Biographical Information


    © The Florida Bar - 2005 - Version 1.0.2