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Last Modified 01/21/2005 03:42 PM
Alan S. Gold
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 recedential purposes.

Location of Chambers: 301 N. Miami Avenue, 10th Floor, Miami, FL 33128
Phone Number: (305) 523-5580
Assigned Courtroom: 10


1. STAFF
    Scheduling Assistant/Secretary: Lynn Surowiec

    Courtroom Deputy:
    Jacob Hasbun

    Phone Number:
    (305) 523-5584

    Court Reporter:
    Joseph Millikan
    Phone Number:
    (305) 523-5588

    Docket Clerk:
    Hannah Dyer
    Phone Number:
    (305) 523-5244

      Law Clerks:

        (1)
        Marini Mithal
        Term Ending: 8/27/04
        Law School:

        (2) Lindsay Harrison
        Term Ending: 8/27/04
        Law School:

    Policy regarding communication with staff [i.e., Do you permit counsel to contact assigned law clerks?]:

    Law Clerks are permitted to speak with counsel of record only when counsel are on the phone together.

    Phone Number: (305) 523-5580
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:
      Depends on Rule 16.1 response.

      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?
      Either every other Friday afternoon or 5:15 p.m. during the week.

      What are your procedures concerning ex-parte temporary restraining orders?
      They will be received in accordance with the applicable rules of procedure.

      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___
      Depending on the case.

      If NO, what are your procedures for the receipt of evidence during a hearing on a preliminary what is your practice concerning oral arguments of dispositive motions?
      Set at the Court's discretion depending on the case.

    C. Settlement:

      What is your policy/practice regarding the use of alternative dispute resolution devices such as court-annexed, non-binding arbitration and mediation?
      It is required in civil cases absent extraordinary circumstances.

      Do you personally conduct settlement discussions?

      Yes_X_No___

      If YES, under that circumstances?
      With consent of the parties.

    D. Discovery:

      Do you refer discovery matters to a U.S. Magistrate Judge?
      Yes_X_No___

    E. Pretrial Conference:

      Do you personally conduct pretrial conferences in your cases?
      Yes_X_No___

      If YES, do you have a standing order regarding pretrial conference?
      Yes_
      X_No___ (If YES, please attach a copy.)
      *Directions regarding the pretrial conference and pretrial stipulation are incorporated within the Order Setting Cause for Trial, etc. (see attached)
3. PRETRIAL PROCEDURE (CRIMINAL)
    A. Preliminary Pretrial Hearings:

      Do you personally conduct preliminary pretrial conferences in criminal cases?
      Yes_X_No___

      If YES, what matters do you typically discuss during a preliminary pretrial conference?
      I attempt to narrow legal and factual issues, limit number of witnesses and exhibits, and obtain an accurate estimate of trial time needed.

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

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

      Yes_X_No___

      If YES, what is your policy?
      To encourage the Government to provide Jencks material as soon as practical before witnesses testimony.

    B. Pleas.

      What is your policy concerning nolo contendere or Alford?

      What is your policy concerning plea arrangements that involve sentencing recommendations?
      No policy.
4.TRIAL
    A. Trial dates.

      Do you grant trial dates certain?
      Yes_X_No___ (but infrequently)

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

      Mostly for long criminal trials where witnesses are from out of state.

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

      Yes_X_No___

      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]
      At least 48 hours, but I work closely with attorneys to address their problems.

    B. Trial Briefs.

      Do you require trial briefs in jury trials?
      Yes___ No___ (Depends)

      Do you require trial briefs in bench trials?
      Yes_X_No___

      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_X_No___

      If YES, when do you require the proposed findings of fact and conclusions of law to be filed?
      Before trial and perhaps after to supplement based on the evidence.


      When do you require parties to file proposed jury instructions?
      Immediately before trial except if I order otherwise at the pretrial conference.

    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?
      I will impose a time limit. Questions must not be repetitive or factually specific.

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

      If YES, when should such questions be submitted?
      Per my pretrial Order.

      What are your preemptory challenge procedures?
      No backstrikes.

      In multiple party cases, do you grant each party three preemptory challenges?
      Yes___ No___ (Depends)

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

      Yes___ No___ (Depends)

    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___ No___ (Depends)

    E. Use of Expert.

      Do you conduct Daubert hearings prior to trial?
      Yes_X_No___ (When needed)

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

      Will be resolved at pretrial conference.

    G. Procedures for Objections.

      Usually at pretrial conference.

    H. Jury Procedures

      Do you permit jurors to take notes?
      Yes_X_No___

      Do you permit jurors to ask questions either orally (writing)?
      Yes___No_
      X_

      Do you allow the submission of sentencing memoranda?
      Yes_X_No___

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

      Depends on complexity of issues

      Do you divulge the probation officer's sentencing recommendation?
      Yes___No_
      X_
5. SENTENCING: (On Misdemeanors Only)
      Do you allow the submission of sentencing memoranda?
      Yes___No___

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

      Do you divulge the probation officer’s sentencing recommendation?
      Yes___No___
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 Order Directing Parties to Mediation


Attachment 2.pdf Order Referring Discovery Motions to Magistrate Judge


Attachment 3.pdf Order Setting Pretrial and Trial Dates and Establishing Pretiral Procedures

Attachment 4.pdf Consent to Jurisdiction by a United States Magistrate Judge for Final Disposition


Attachment 5.pdf Order Requiring Completion of Form Consenting to Jurisdiction by a United States Magistrate Judge for Final Disposition


© The Florida Bar - 2005 - Version 1.0.2