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The Florida Bar
www.floridabar.org


Steven D Merryday
District Judge


The following information was provided in response to a survey prepared by the Federal Court Practice Committee of The Florida Bar. This information is not binding on any judge or court official and may not be relied upon for precedential purposes. Further information may be found in the attachments (sample orders, etc.) referenced at the end of this Guide entry or on the court's website noted below.

JUDGE

Court: Middle District of Florida
Location of chambers: 801 N. Florida Avenue, Suite 1530, Tampa, FL 33602
Assigned courtroom: 15A
Phone: (813) 301-5001
Email address (only for proposed orders or jury instructions):

CHAMBERS

Staff:
Judicial Assistant/Secretary: Rebecca Kline
Phone: (813) 301-5001
Email address:

Courtroom Deputy: Terese Dear
Phone: (813) 301-5006
Email address:

Court Reporter: Howard (Bill) Jones
Phone: (813) 301-5024
Email address:

Docket Clerk:
Phone:
Email address:

Law Clerk phone number(s), only if you permit law clerk(s) to receive calls:

Communication with chambers:

Do you permit contact with chambers

      regarding questions of procedure? Yes

      regarding the status of pending matters? Yes

May counsel contact chambers to speak with your law clerks(s)

      on procedural matters? Yes

      on the status of pending matters? Yes

Comments:

USE OF CELL PHONES, LAPTOPS, AND OTHER ELECTRONICS IN COURT

Other than procedures adopted by the U.S. Marshal's Service relating to access to a federal courthouse, do you have any additional procedures to be followed for the use of cell phones, laptops, or other electronics?

Is there a designated court staff person to contact relating to the use of electronic media or other audiovisual needs?

*Always verify with the Clerk of Court or the U.S. Marshal's Service as to any procedures relating to the use of cell phones or other electronic devices at the courthouse.

CM/ECF PROCEDURES
(in addition to Local Rules or CM/ECF procedures applicable in the District)

Do you have a preferred method for counsel to correct an electronically filed document that inadvertently contains personal information (as prohibited by Fed.R.Civ.P. 5.2)?

Do you have a preferred method governing the filing of sealed documents? See Local Rule 1.09

Do you prefer that (non-trial) exhibits be filed as separate docket entries (instead of filing them as attachments to the document they support)?

When filing documents with multiple attachments, do you prefer that the document be filed such that it is displayed with bookmarks within the PDF image? (This question only applies if such filing is available as a format for filing attachments in your District.)

Do you prefer that (non-trial) exhibits and depositions be filed conventionally as well as on CM/ECF? No

      If YES, do you require more than one copy to be filed?

Do you prefer to have proposed orders (other than those required to be filed in the case) submitted as an attachment to documents filed in CM/ECF, or do you prefer to receive them by email or another method? Counsel may obtain permission to e-mail a proposed order to chambers. A proposed order should not be filed on CM/ECF.

Should proposed orders be submitted in a format which can be edited, or is a PDF version acceptable? Proposed orders should be in WordPerfect format.

Comments:


Do you conduct preliminary pretrial conferences in criminal cases? No

      If YES, what matters do you typically discuss during a preliminary pretrial conference? Counsel are directed to file monthly status reports.

Do you require the defendant to be present at status conferences? No

      If YES, do you have the same policy for defendants in custody and for defendants on bond? Yes

Do you conduct suppression hearings or do you refer them to a Magistrate Judge?

Do you conduct hearings on pretrial motions to dismiss or to sever? No

Do you take the plea or do you regularly refer plea hearings to a Magistrate Judge? Referred to the Magistrate Judge.

If you regularly refer plea hearings to a Magistrate Judge, what circumstances would permit the parties to have a plea hearing before you? Request

Do you have a regular plea deadline? No

      If YES, when is that deadline?

      If NO, is a plea deadline set at pretrial conferences? No

What is your policy concerning nolo contendere or Alford pleas? Disfavors nolo contendere and Alford pleas.

Do you have any special procedures regarding plea agreements for individuals who are cooperating with the government, e.g., sealed plea agreements, etc.?

What is your policy as to plea agreements that involve sentencing recommendations? Considers sentencing recommendations, but advises that they are not binding on the Court.

Comments:

PRETRIAL PROCEDURE (CIVIL)

Do you issue a standard pretrial order? (Please attach a copy at the end of this survey.)

Do you conduct preliminary pretrial hearings, e.g., pursuant to Fed.R.Civ.P. 16? No

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

Do you have any requirements, beyond those found in the Federal Rules of Civil Procedure and the Local Rules, as to motions for extension of time or motions for continuance? No

      If YES, what do you require?

Other than as required by Local Rules, do you prefer that the moving parties submit proposed orders along with non-dispositive motions? No

Do you have any requirements, beyond those found in the Federal Rules and the Local Rules, as to ex parte temporary restraining orders? See Fed. R. Civ. P. 65 and Local Rule 4.05.

Do you generally hear preliminary injunction motions? No

      If YES, do you permit evidence to be introduced?

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

Should copies of cases cited in motions and memoranda be forwarded to chambers?

      copies of published cases? No

      copies of unpublished opinions? No

If copies of cases are submitted, do you accept copies that have portions highlighted by counsel? No

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?

Under what circumstances do you allow telephonic hearings?

What is your practice concerning oral arguments on dispositive motions? If the Court determines that oral argument would be helpful, a hearing will be set and counsel will be notified.

Will you entertain motions in limine prior to trial? Yes

      If YES, how far in advance should they be filed? When record is sufficiently mature to permit fair and informed decision.

Comments:

Other than those discovery schedules contained in Local Rules, do you have special discovery deadlines or procedures for certain types of cases (ERISA, FLSA, etc.)? No

      If YES, what types of cases and what are the deadlines or procedures?

Do you routinely refer discovery matters to a Magistrate Judge? Yes

When a dispute arises during a deposition, is it appropriate to call your chambers or the Magistrate Judge's chambers (depending on whether the case has been referred for discovery) to seek an immediate ruling? No

Comments:


What is your preference regarding the use of alternative dispute resolution methods such as arbitration or mediation? Highly encouraged. Every case is referred to mediation.

Do you require counsel to submit a proposed order referring the case to mediation? No

Do you have a procedure for counsel to request referral to a Magistrate Judge for settlement conferences? No

Do you have any special procedures for the settlement of FLSA cases? Yes

Comments: See Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982); Dees v. Hydradry, Inc., __ F. Supp. 2d __, 2010 WL 1539813 (M.D. Fla. Apr. 19, 2010); Moreno v. Regions Bank, __ F. Supp. 2d __, No. 8:09-cv-930-T-23TGW (M.D. Fla. Aug. 6, 2010)

TRIAL

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? Automatic

Do you grant specially set trial dates (dates certain)? No

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

      IF NO, what is your policy regarding notice for trial during a trial docket (e.g., will you give at least 48 hours' notice)? Attempts to notify counsel at least two days in advance of the start of trial.

What is your practice or procedure regarding rescheduling trials that are not reached on a trial docket, e.g., will the trial date be automatically rescheduled on your next trial docket? Yes.

Do you conduct pretrial conferences? No

      If YES, and you have a standing order regarding pretrial conferences, please attach a copy at the end of this survey.

Do you conduct Daubert hearings prior to trial? No

What, if any, procedural requirements do you have regarding the use of videotapes, trial graphics, depositions, and demonstrations? Counsel may present videotaped material at trial with the Court's permission. Does not allow undue inflection or other unseemly elaborations by counsel or others during the reading of depositions at trial.

Do you require trial briefs

      in jury trials? No

      in bench trials? Yes

If you require trial briefs, when are they due? Agreed time before trial.

Do you have any requirements for trial briefs? Page limit for trial briefs based on the complexity of the issues. May request a WordPerfect copy of the trial brief.

Do you permit counsel to perform voir dire? No

      If YES, what guidelines or restrictions must counsel follow when conducting voir dire? None has ever asked and several have declined.

      If NO, can counsel submit proposed voir dire questions?

            If YES, when should such questions be submitted? Counsel may submit proposed questions in writing no later than the first day of trial. Proposed questions are discussed with counsel immediately preceding the start of trial.

What are your peremptory challenge procedures? After voir dire is complete, the judge calls counsel to the bench and the challenges are made outside the hearing of the prospective jurors. Judge Merryday then calls the names of the jurors who were chosen and dismisses the others.

In multiple party cases, do you grant each party three peremptory challenges? Yes

      If NO, do you limit each side (i.e., plaintiff/defense) to a total of three peremptory challenges to be shared? No.

Do you allow back striking during jury selection?

Do you impose any standard time limits on counsel's opening statements? No

      If YES, what are the time limits?

Can exhibits be used in opening statements? Yes

Do you allow plaintiffs to make a rebuttal during opening statements?

Do you permit jurors to

      take notes? Yes

      ask questions? Yes

      If YES, under what constraints and restrictions? Court reviews question in advance. May allow counsel an opportunity to pursue the subject first.

What, if any, procedures do you have concerning objections at trial? Counsel must stand and state the legal basis for the objection. Will invite argument if necessary

When do you require counsel to file proposed jury instructions? No later than four days before the first day of trial.

Should jury instructions also be submitted to chambers electronically? Yes

When standard jury instructions are available, do you prefer that attorneys submit condensed versions of the standard instructions? No

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

      If YES, when do you require the proposed findings of fact and conclusions of law to be filed? Will be determined at the conclusion of trial.

      Should the proposed findings and conclusions also be submitted to chambers electronically? Yes

Comments:

SENTENCING

Do you require sentencing memos from the parties? No

      If YES, what is the deadline for filing a sentencing memo?

      If NO, may parties file a sentencing memo? Yes

If counsel anticipates a contested or extensive sentencing hearing, should counsel notify the court? Counsel should notify the Court if the hearing is expected to take longer than thirty minutes.

If you are considering an upward departure under the United States Sentencing Guidelines, do you provide notice orally or in writing?

In a proceeding for a violation of supervised release conditions, do you personally conduct the admissions/findings of fact hearing or do you refer this to a Magistrate Judge?

Comments:

GENERAL ADVICE

What should lawyers avoid at all costs when appearing before you (other than the obvious: don't be late, do be courteous, etc.), i.e., do you have any “pet peeves”?

Do you have any other practice pointers, advice, observations, or suggestions for members of the Bar appearing before you?

LINKS

Links to your court's webpage with information about your practices or other links you recommend for practitioners:


ATTACHMENTS
Sample orders (please include a sample of any scheduling orders), biography, etc.


BIOGRAPHY 910.pdf

Survey last modified on 09/02/2010

[Revised: 06-30-2010]