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Southern District of Florida |
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| Location of Chambers:
U.S. Courthouse
300 N.E. 1st Avenue, Room 219
Miami, Florida 33132 |
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| Phone Number:
305-523-5700 |
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| Assigned Courtroom:
East Courtroom |
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| 1. | Staff: |
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| Scheduling Assistant/Secretary:
Rosa Gallardo
Phone:
305-523-5291 |
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| Courtroom Deputy:
Patty Fitzpatrick
Phone:
305-523-5291 |
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| Court Reporter:
Phone:
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| Docket Clerk:
Patty Fitzpatrick
Phone:
305-523-5291 |
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| Law Clerks: |
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| (1) Name:
Dina Abrams |
| (2) Name:
Shari Lefton |
| (3) Name:
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| Policy regarding communication with staff (i.e., do you permit counsel to contact assigned law clerks?):
Comments:
Yes, to confirm hearings. |
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| Is it appropriate to telephone Chambers regarding questions of procedure on pending matters?
No
Comments: |
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| Is it appropriate to telephone Chambers regarding the status of pending matters?
Yes
Comments: |
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| 2. | Pretrial Procedure (Civil): |
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| A. | Preliminary Pretrial Hearings: |
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| Do you conduct preliminary pretrial hearings?
Yes
If YES, what matters do you typically discuss during preliminary pretrial hearings?
Pretrial motions, jury selection, scheduling matters. |
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| B. | Motion Practice: |
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| Should courtesy copies of pleadings and motions be forwarded to Chambers?
Yes
Comments: |
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| Should copies of cases cited in motions and memoranda be forwarded to Chambers?
No
Comments: |
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| Is it appropriate to cite unpublished opinions in motions or memoranda?
Yes
Comments: |
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| If so, should copies be attached to the motions or memoranda?
Yes
Comments: |
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| If copies of cases are submitted, do you accept copies that have portions highlighted by counsel?
Yes
Comments: |
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| Under what conditions do you allow telephonic hearings?
On certain occasions |
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| Will you entertain motions in limine prior to trial?
Yes
If you will consider motions in limine prior to trial, how far in advance should they be filed?
At least 30 days prior to trial. |
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| Do you regularly set aside time during a given week/month for hearings on motions?
No
If YES, when is your normal hearing date/time? |
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| What are your procedures concerning ex parte temporary restraining orders?
I referred, I rule based on the facts and applicable law. |
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| Do you hear preliminary injunction motions yourself?
Yes
If YES, do you limit the hearing to argument of counsel?
No
If NO, what are your procedures for the receipt of evidence during a hearing on a preliminary injunction?
Comments:
I accept live testimony, sworn affidavits, deposition testimony, and authenticated documents( in most cases). |
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| What is your practice concerning oral arguments of dispositive motions?
I typically notice motions for summary judgment for 30-minute oral argument. |
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| Do you prefer that the moving parties submit proposed orders granting all motions filed before your court?
Comments: |
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| C. | Settlement: |
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| What is your policy/practice regarding the use of alternative dispute resolution devices such as court-annexed, non-binding arbitration and mediation, and do you have a preferred method of alternative dispute resolution?
I refer my consent cases to court-approved mediators. |
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| D. | Discovery: |
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| Do you receive referrals on discovery matters from a U.S. District Judge?
Yes
Comments: |
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| When a dispute arises during a deposition, is it appropriate to call Chambers to seek an immediate ruling?
No
Comments:
Absent extraordinary circumstances. |
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| Do you have special discovery deadlines or procedures for certain types of cases (ERISA, FLSA, etc.)?
If YES, what types of cases and what are the deadlines or procedures? |
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| E. | Pretrial Conference: |
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| Do you personally conduct pretrial conferences in your cases?
If YES, do you have a standing order regarding pretrial conference? (If YES, please attach a copy at the bottom of the page.)
No |
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| 3. | Pretrial Procedure (Criminal): |
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| A. | Preliminary Pretrial Hearings: |
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| Do you personally conduct preliminary pretrial conferences in criminal cases?
Yes
If YES, what matters do you typically discuss during a preliminary pretrial conference?
Pending motions. |
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| When you conduct preliminary pretrial conferences in criminal cases, what matters do you typically discuss during the conference? |
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| Do you personally conduct hearings on non-evidentiary substantive pretrial motions (to dismiss, sever, or for other relief)?
Comments: |
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| Do you personally conduct hearings on evidentiary substantive pretrial motions to suppress evidence or for other relief?
Comments: |
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| B. | Bond hearing: |
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| Do you permit the government to proceed by proffer or require live testimony?
Yes
Comments:
Proffer ( with agent present for cross-exam) |
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| If a proffer is permitted, can the defendant’s counsel call the government case agent and cross-examine him/her?
Yes
Comments: |
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| If a proffer is permitted, do you prefer that defense counsel present the family of the defendant as witnesses by proffer instead of calling individual witnesses?
Yes
Comments: |
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| Do you require a government agent to be present?
Yes
If so, do you require that he or she be prepared to testify?
Yes
Comments: |
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| C. | Pleas: |
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| What is your policy concerning nolo contendere or Alford pleas?
No set policy (not often my decision) |
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| What is your policy concerning plea arrangements that involve sentencing recommendations pursuant to Fed. Rule Crim. P. 11(B)? Pursuant to Rule 11(C)?
No set policy (not often my decision) |
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| 4. | Trial: |
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| A. | Trial Dates: |
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| Do you grant trial dates certain?
Yes
If YES, under what circumstances will you grant trial dates certain?
In ever civil case to which parties consent to jurisdiction. |
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| If a case is not reached during the scheduled trial term, will the trial date be automatically rescheduled on your next trial docket?
No
If NO, what is your practice or procedure regarding rescheduling trials that are not reached on a trial docket?
Case will be reset to special setting (with consent for the parties) to agreed date. |
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| What is your policy regarding notice of being called for trial during a trial docket (e.g., 48 hours)?
No set policy due to use of special settings. |
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| Do you automatically set civil cases for trial or do you wait for counsel to propose a time period in which a case should be scheduled for trial?
Comments: |
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| B. | Trial Briefs: |
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| Do you require trial briefs in jury trials?
No
Comments: |
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| Do you require trial briefs in bench trials?
Yes
Comments: |
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| What are your requirements for trial briefs?
Briefs should address all issues based on facts found during trial. |
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| When are trial briefs due?
Typically, post-trial in bench trials. |
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| Do you require proposed findings of fact and conclusions of law to be filed in bench trials?
No
If YES, when do you require the proposed findings of fact and conclusions of law to be filed?
Post-trial |
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| Should findings of fact and conclusions of law filed in connection with a bench trial also be submitted to Chambers on a disk?
Yes
Comments: |
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| When do you require parties to file proposed jury instructions?
No later than pre-trial conference. |
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| When standard jury instructions are available, do you prefer that attorneys submit condensed versions of the standard instructions?
No
Comments: |
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| Should jury instructions also be submitted to Chambers on a computer disk?
Yes
Comments: |
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| C. | Voir Dire: |
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| Do you allow counsel to ask questions during voir dire?
Yes
If YES, what guidelines or restrictions must counsel follow when conducting voir dire?
Typically limited to 30-60 minutes; questions should address juror qualifications and potential biases. |
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| If judge conducts voir dire, can parties submit proposed voir dire questions?
Yes
If YES, when should such questions be submitted?
Day before jury selection. |
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| What are your peremptory challenge procedures?
3 per party. |
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| In multiple party cases, do you grant each party three peremptory challenges?
If NO, do you limit each side (i.e., plaintiff/defense) to a total of three peremptory challenges to be shared?
In some cases |
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| Do you allow back striking during jury selection?
No
Comments: |
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| D. | Opening Statement: |
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| Do you impose any standard time limits on counsel?
No
If YES, what are the time limits? |
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| Can exhibits be used in opening statements?
Yes
Comments: |
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| Do you allow plaintiffs to make a rebuttal during opening statements?
No
Comments: |
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| E. | Use of Expert: |
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| Do you conduct Daubert hearings prior to trial?
Yes
Comments: |
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| F. | Procedure for Use of Videotapes, Trial Graphics, Depositions, and Demonstrations: |
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| What, if any, procedural requirements do you have regarding the use of videotapes, trial graphics, depositions, and demonstrations?
No set procedures; discussed at final pretrial conference. |
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| G. | Procedure for Objections: |
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| What, if any, procedures do you have concerning objections?
State objection without argument. |
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| H. | Jury Procedures: |
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| Do you permit jurors to take notes?
Yes
Comments: |
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| Do you permit jurors to ask questions?
No
If YES, under what constraints and restrictions?
Unless parties agree and I find appropriate. |
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| 5. | Review Procedures (For Bankruptcy Appeals and Social Security Cases): |
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| A. | Oral Arguments: |
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| Under what circumstances do you grant requests for oral arguments? |
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| B. | Questions from the Bench: |
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| What, if any, comments or observations do you have regarding questions from the bench during oral argument? |
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| C. | Appellate Briefs: |
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| What, if any, comments or suggestions do you have regarding effective appellate briefs? |
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| D. | Comparison of Successful Advocacy in Trial and Appellate Courts: |
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| What, if any, comments or observations do you have concerning the differences and similarities between successful advocacy before you as a trial court and successful advocacy before you as an appellate court? |
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| E. | Other Observations and Suggestions: |
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| What, if any, other observations or suggestions do you have for lawyers about appellate practice in your court? |
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| 6. | Initial Appearance: |
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| For pretrial detention hearings, do you require a government agent to be present?
Yes
If so, do you require that he or she be prepared to testify?
Yes
Comments: |
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| 7. | Other Questions: |
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| What criteria do you apply in determining whether to impose a financial assessment on a defendant for the services of appointed counsel?
Does he/she have assets to contribute to partial payment of fees. |
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| What are your “pet peeves” for the information of the lawyers appearing before you?
Failing to follow local rules; failing to properly prepare for court. |
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| Please provide any additional information that you believe may be informative to the members of the Bar appearing before you. |
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| Attachments: |
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