Ursula Ungaro-Benages
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: | 301 N. Miami Avenue, 11th Floor, Miami, Florida 33128 |
| Phone Number: | 305-523-5550 |
| Assigned Courtroom: | 11th Floor |
1. STAFF:
Secretary:
Courtroom Deputy: Kathryn B. Harlan
Phone Number: 305-523-5555
Court Reporter: William Romanishin
Phone Number: 305-523-5558
Law Clerks:
(1) Santiago Aroca
Term Ending: 2005
Law School: St. Thomas Law School
(2) Jorge Gonzalez
Term Ending: 2005
Law School: University of Pensylvania
(3) Ryan Cobbs
Term Ending: 2006
Law School: University of Florida College of Law
Policy regarding communication with staff [i.e., Do you permit counsel to contact assigned law clerks?]:
Counsel are not permitted to communicate directly with Law Clerks.
Docketing Clerk: Warren Comdon
Phone Number: 305-523-5239
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?
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___No_X_
If YES, when is your normal hearing date/time?
What are your procedures concerning ex-parte temporary restraining orders?
The court promptly reviews the motion for legal sufficiency. A hearing may be scheduled, depending on the circumstances.
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___
If YES, do you limit the hearing to argument of counsel?
Yes___No___ Sometimes
If NO, what are your procedures for the receipt of evidence during a hearing on a preliminary injunction?
The same as a bench trial. Except, depending on the circumstances, the Rules of Evidence may be relaxed.
What is your practice concerning oral arguments of dispositive motions?
Hearings are held when necessary to sharpen the issues.
C. Settlement:
What is your policy/practice regarding the use of alternative dispute resolution devices such as court-annexed, non-binding arbitration and mediation?
Mediation Orders are entered in nearly all civil cases. Occasionally the Court requests Magistrate Judges to conduct settlement.
Do you personally conduct settlement discussions?
Yes_X_No___
If YES, under that circumstances?
Only occasionally and when it appears likely to the Court that the intervention would be useful.
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.)
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?
Scheduling. Identification of issues that will require the most attention.
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___No_X_
If YES, what is your policy?
B. Pleas:
What is your policy concerning nolo contendere or Alford?
The Court does not accept such pleas.
What is your policy concerning plea arrangements that involve sentencing recommendations?
They are acceptable but the Court does not consider herself bound by the recommendations.
4. TRIAL:
A. Trial dates:
Do you grant trial dates certain?
Yes_X_No___
If YES, under what circumstances will you grant trial date certain?
When the trial schedule permits and there is a real need for a date certain, such as to accommodate foreign witnesses.
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_X_
If NO, what is your practice or procedure regarding rescheduling trials which are not reached on a trial docket?
They are rescheduled as the Court's schedule permits.
What is your policy regarding notice of being called for trial during a trial docket? [e.g., 48 hours]
No fixed policy but Chambers Staff have been instructed to give as much notice as possible.
B. Trial Briefs:
Do you require trial briefs in jury trials?
Yes___No_X_
Do you require trial briefs in bench trials?
Yes___No_X_
What are your requirements for trial briefs?
When are trial briefs due?
If counsel chooses to submit a trial brief, it should be submitted at the pre-trial conference.
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?
By the Calendar Call.
When do you require parties to file proposed jury instructions?
By the Calendar Call.
C. Voir Dire:
Do you allow counsel to conduct voir dire?
Yes___No___ Occasionally.
If YES, what guidelines or restrictions must counsel follow when conducting voir dire?
Adhere to the time limits imposed by the Court, no hypothetical questions and no questions that ask the venirepersons to pre-judge the case.
If judge conducts voir dire, can parties submit proposed voir dire questions?
Yes_X_No___
If YES, when should such questions be submitted?
By the Calendar Call.
What are your preemptory challenge procedures?
No back strikes.
In multiple party cases, do you grant each party three preemptory challenges?
Yes___No___ Depends on the case and the identity of interests among the parties.
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___ Counsel should disclose to each other in advance of trial the exhibits intended to be used in opening statement so that any disputes concerning their use can be brought to the Court's attention before the opening statements are given.
E. Use of Expert:
Do you conduct Daubert hearings prior to trial?
Yes___No___ Occasionally.
F. Procedure For Use Of Videotapes, Trial Graphics, Depositions and Demonstrations:
The court has an ELMO for the use of attorneys. Any attorney using technology or demonstrations should confer with opposing counsel prior to pretrial conference to determine if there will be objections. If so, and if no agreement can be reached, the attorney seeking to use the technology or demonstration should bring the dispute to the attention of the Court ar the pretrial conference.
G. Procedure For Objections:
The attorney should stand and briefly state the objection. The Court does not allow argument on objections in the presence of the jury.
H. Jury Procedures:
Do you permit jurors to take notes?
Yes___No___ Usually.
Do you permit jurors to ask questions either orally (writing)?
Yes___No_X_
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?
Any sentencing memorandum should be filed at the same time as the objections to the presentence report are filed.
Do you divulge the probation officer's sentencing recommendation?
Yes___No___ Only to counsel of record.
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?
 Biographical Information |