 | Court:
Southern District of Florida |
|
|
| Location of Chambers:
701 Clematis Street Room 352, West Palm Beach, FL 33401 |
|
|
| Phone Number:
(561) 803-3450 |
|
|
| Assigned Courtroom:
Room 5 |
|
|
| 1. | Staff: |
|
|
| Scheduling Assistant/Secretary:
Linda Lipps Rosi
Phone:
(561) 803-3450 |
|
|
| Courtroom Deputy:
James Caldwell
Phone:
(561) 803-3452 |
|
|
| Court Reporter:
Pauline Stipes
Phone:
(561) 803-3458 |
|
|
| Docket Clerk:
Phone:
(561) 803-3400 |
|
|
| Law Clerks: |
|
|
| (1) Name:
Theresa A. Dipaola
Term Ending:
Permanent |
|
|
| (2) Name:
Seth Schlessinger
Term Ending:
|
|
|
| (3) Name:
Term Ending:
|
|
|
| Policy regarding communication with staff (i.e., do you permit counsel to contact assigned law clerks?):
Comments:
No. All communications go to James Caldwell, Courtroom Deputy |
|
|
| Is it appropriate to telephone Chambers regarding questions of procedure on pending matters?
Comments:
Please see Judge Hurley's website WWW.US.GEOCITIES.COM/USCTS |
|
|
| Is it appropriate to telephone Chambers regarding the status of pending matters?
No
Comments: |
|
|
| 2. | Pretrial Procedure (Civil): |
|
|
| A. | Preliminary Pretrial Hearings: |
|
|
| Do you conduct preliminary pretrial hearings?
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 |
|
|
| B. | Motion Practice: |
|
|
| Should courtesy copies of pleadings and motions be forwarded to Chambers?
No
Comments:
No, unless specifically required by rules due to size, etc. |
|
|
| Should copies of cases cited in motions and memoranda be forwarded to Chambers?
Comments: |
|
|
| Is it appropriate to cite unpublished opinions in motions or memoranda?
Comments: |
|
|
| If so, should copies be attached to the motions or memoranda?
Comments: |
|
|
| If copies of cases are submitted, do you accept copies that have portions highlighted by counsel?
Comments: |
|
|
| Under what circumstances do you allow telephonic hearings?
|
|
|
| Will you entertain motions in limine prior to trial?
If you will consider motions in limine prior to trial, how far in advance should they be filed?
Normally heard at time of trial. |
|
|
| Do you regularly set aside time during a given week/month for hearings on motions?
Yes
If YES, when is your normal hearing date/time?
Weekdays, Mon-Thurs 8:30 a.m. - 9:30 a.m. |
|
|
| What are your procedures concerning ex parte temporary restraining orders?
Must be accompanied by Motion for Temporary Injunction which is referred to Magistrate. |
|
|
| Do you hear preliminary injunction motions yourself?
No
If YES, do you limit the hearing to argument of counsel?
If NO, do you routinely refer preliminary injunctions for report and recommendation by a U.S. Magistrate Judge?
Yes
Comments: |
|
|
| What is your practice concerning oral arguments of dispositive motions?
Summary judgement motions are set for up to 1 hour hearings, usually 1 month before calendar call. |
|
|
| Do you prefer that the moving parties submit proposed orders granting all motions filed before your court?
Yes
Comments:
Yes at the time of filling motion. |
|
|
| C. | Settlement: |
|
|
| 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?
Require mediation in every case unless parties can show good cause why mediation should not be held. |
|
|
| D. | Discovery: |
|
|
| Do you refer discovery matters to a U.S. Magistrate Judge?
Yes
Comments: |
|
|
| When a dispute arises during a deposition, is it appropriate to call the Magistrate Judge's Chambers to seek an immediate ruling?
Comments: |
|
|
| Do you have special discovery deadlines or procedures for certain types of cases (ERISA, FLSA, etc.)?
Yes
If YES, what types of cases and what are the deadlines or procedures?
FLSA Settlements - See information in trial order. |
|
|
| E. | Pretrial Conference: |
|
|
| Do you personally conduct pretrial conferences in your cases?
Yes
If YES, do you have a standing order regarding pretrial conference? (If YES, please attach a copy at the bottom of the page.)
No |
|
|
| 3. | Pretrial Procedure (Criminal): |
|
|
| A. | Preliminary Pretrial Hearings: |
|
|
| Do you personally conduct preliminary pretrial conferences in criminal cases?
No
If YES, what matters do you typically discuss during a preliminary pretrial conference?
If NO, do you refer preliminary pretrial conferences to a U.S. Magistrate Judge?
No |
|
|
| Do you personally conduct hearings on non-evidentiary substantive pretrial motions (to dismiss, sever, or for other relief)?
Comments: |
|
|
| Do you personally conduct hearings on evidentiary substantive pretrial motions to suppress evidence or for other relief?
Yes
Comments:
Yes, if not handled by Magistrate. |
|
|
| B. | Pleas: |
|
|
| What is your policy concerning nolo contendere or Alford pleas? |
|
|
| What is your policy concerning plea arrangements that involve sentencing recommendations?
N/A – Does not accept plea arguments with sentencing recommendations. |
|
|
| 4. | Trial: |
|
|
| A. | Trial Dates: |
|
|
| Do you grant trial dates certain?
No
If YES, under what circumstances will you grant trial dates certain?
If NO, what is your practice or procedure regarding rescheduling trials that are not reached on a trial docket?
The Court creates a list of cases which should be reached in a trailing calendar over a 60-day period. If the case is not reached in that period it is reset. Website has updated trial information. |
|
|
| If a case is not reached during the scheduled trial term, will the trial date be automatically rescheduled on your next trial docket?
Comments:
No |
|
|
| What is your policy regarding notice of being called for trial during a trial docket (e.g., 48 hours)?
Tries to give as much notice as possible. |
|
|
| 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
Comments:
Automatically set. |
|
|
| B. | Trial Briefs: |
|
|
| Do you require trial briefs in jury trials?
No
Comments: |
|
|
| Do you require trial briefs in bench trials?
No
Comments: |
|
|
| 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
If YES, when do you require the proposed findings of fact and conclusions of law to be filed?
On the day of trial |
|
|
| 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: |
|
|
| When do you require parties to file proposed jury instructions?
On the day of trial. |
|
|
| When standard jury instructions are available, do you prefer that attorneys submit condensed versions of the standard instructions?
|
|
|
| Should jury instructions also be submitted to Chambers on a computer disk?
Yes
Comments: |
|
|
| C. | Voir Dire: |
|
|
| Do you permit counsel to perform voir dire?
No
If YES, what guidelines or restrictions must counsel follow when conducting voir dire? |
|
|
| If the judge conducts voir dire, can parties submit proposed voir dire questions?
Yes
If YES, when should such questions be submitted?
On the day of trial. |
|
|
| What are your peremptory challenge procedures?
No back striking. |
|
|
| 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? |
|
|
| Do you allow back striking during jury selection?
No
Comments: |
|
|
| D. | Opening Statement: |
|
|
| Do you impose any standard time limits on counsel?
No
If YES, what are the time limits? |
|
|
| Can exhibits be used in opening statements?
Yes
Comments: |
|
|
| Do you allow plaintiffs to make a rebuttal during opening statements?
Comments: |
|
|
| E. | Use of Expert: |
|
|
| Do you conduct Daubert hearings prior to trial?
Yes
Comments:
Upon request. |
|
|
| F. | Procedure for Use of Videotapes, Trial Graphics, Depositions, and Demonstrations: |
|
|
| What, if any, procedural requirements do you have regarding the use of videotapes, trial graphics, depositions, and demonstrations?
Advance consultation with courtroom deputy is recommended. |
|
|
| G. | Procedure for Objections: |
|
|
| What, if any, procedures do you have concerning objections at trial?
Speaking objections are not permitted. Counsel must state the legal basis for his/her objection. |
|
|
| H. | Jury Procedures: |
|
|
| Do you permit jurors to take notes?
Yes
Comments: |
| |
| Do you permit jurors to ask questions?
No
If YES, under what constraints and restrictions?
With regret I have abandoned a practice that I thought was valuable after the Eleventh Circuit counseled against it. |
|
|
| 5. | Review Procedures (For Bankruptcy Appeals and Social Security Cases): |
|
|
| A. | Oral Argument: |
|
|
| Under what circumstances do you grant requests for oral argument? |
|
|
| What, if any, comments or suggestions do you have regarding effective oral advocacy before you? |
|
|
| B. | Questions from the Bench: |
|
|
| What, if any, comments or observations do you have regarding questions from the bench during oral argument? |
|
|
| C. | Appellate Briefs: |
|
|
| What, if any, comments or suggestions do you have regarding effective appellate briefs? |
|
|
| D. | Comparison of Successful Advocacy in Trial and Appellate Courts: |
|
|
| 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? |
|
|
| E. | Other Observations and Suggestions: |
|
|
| What, if any, other observations or suggestions do you have for lawyers about appellate practice in your court? |
|
|
| 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? |
|
|
| Attachments: |
| |