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Northern District of Florida |
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| Location of Chambers:
401 SE 1st Avenue, Suite 367
Gainesville, Florida 32601 |
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| Phone Number:
(352) 380-2742 |
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| Assigned Courtroom:
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| 1. | Staff: |
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| Scheduling Assistant/Secretary:
Rebecca F. Butler
Phone:
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| Courtroom Deputy:
Carolyn Graham
Phone:
(352) 380-2404 |
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| Court Reporter:
Phone:
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| Docket Clerk:
TiAnn Starke, Kathy Revell, Debi Boone
Phone:
(352) 380-2400 |
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| Law Clerks: |
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| (1) Name:
Tracy Bookhard
Term Ending:
August 2002 |
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| (2) Name:
Midory Lowry
Term Ending:
Career Law Clerk |
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| (3) Name:
Ronald Lathan
Term Ending:
October 2004 |
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| Policy regarding communication with staff (i.e., do you permit counsel to contact assigned law clerks?):
Comments:
Law clerks may be contacted for non-substantive matters such as chamber procedures, status on pending motions, etc. |
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| Is it appropriate to telephone Chambers regarding questions of procedure on pending matters?
Yes
Comments:
Information given is limited to scheduling matters and standard chamber's procedures. |
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| Is it appropriate to telephone Chambers regarding the status of pending matters?
Yes
Comments:
Information is limited to whether a ruling has been issued. |
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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? If NO, do you refer preliminary pretrial hearings to a United States Magistrate Judge?
Possibility of settlement, stipulations, exhibits, witnesses, motions in limine, trial schedule. |
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| B. | Motion Practice: |
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| Should courtesy copies of pleadings and motions be forwarded to Chambers?
No
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 circumstances do you allow telephonic hearings?
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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 the same time as other submissions for the pretrial conference. |
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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?
Motions should be referred to the Court as soon as possible. |
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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, do you routinely refer preliminary injunctions for report and recommendation by a U.S. Magistrate Judge?
No
Comments: |
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| What is your practice concerning oral arguments of dispositive motions?
Oral argument may be entertained upon request by the parties in accordance with Local Rule 7.1 or upon need as determined by the Court. |
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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?
Mediation is ordered in all cases, subject to exemption for good cause. |
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| D. | Discovery: |
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| Do you refer discovery matters to a U.S. Magistrate Judge?
Yes
Comments: |
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| When a dispute arises during a deposition, is it appropriate to call the Magistrate Judge's Chambers to seek an immediate ruling?
No
Comments:
Call U.S. Magistrate Judge. |
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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?
Yes
If YES, do you have a standing order regarding pretrial conference? (If YES, please attach a copy at the bottom of the page.)
Yes |
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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?
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 |
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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. | Pleas: |
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| What is your policy concerning nolo contendere or Alford pleas?
No policy, pleas are accepted on a case by case basis |
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| What is your policy concerning plea arrangements that involve sentencing recommendations?
No policy, determined on a case by case basis. |
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| 4. | Trial: |
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| A. | Trial Dates: |
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| 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?
A new trial date will be set for the earliest possible date, with consideration given to the availability of witnesses, the parties, and counsel. |
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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?
Comments:
No. |
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| What is your policy regarding notice of being called for trial during a trial docket (e.g., 48 hours)?
No policy. |
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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?
Yes
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?
See section IV of my standard Order for Pretrial and Setting Trial. |
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| When are trial briefs due?
10 days before the pretrial conference. |
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| 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?
10 days before the pretrial conference. |
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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?
Two weeks prior to 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 |
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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 permit counsel to perform voir dire?
If YES, what guidelines or restrictions must counsel follow when conducting voir dire? |
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| If the judge conducts voir dire, can parties submit proposed voir dire questions?
If YES, when should such questions be submitted? |
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| What are your peremptory challenge procedures? |
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| In multiple party cases, do you grant each party three peremptory challenges?
No
If NO, do you limit each side (i.e., plaintiff/defense) to a total of three peremptory challenges to be shared?
Yes. |
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| Do you allow back striking during jury selection?
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?
The parties are responsible for making arrangements to have the equipment available and functioning. |
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| G. | Procedure for Objections: |
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| What, if any, procedures do you have concerning objections at trial?
Counsel should anticipate objections that may arise during the course of trial and bring them to the attention of the Court so they may be handled without inconvenience to the jury. |
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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? |
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| 5. | Review Procedures (For Bankruptcy Appeals and Social Security Cases): |
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| A. | Oral Argument: |
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| Under what circumstances do you grant requests for oral argument? |
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| What, if any, comments or suggestions do you have regarding effective oral advocacy before you? |
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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. | Other Questions: |
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| What are your "pet peeves" for the information of the lawyers appearing before you? |
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| What, if any, other observations or suggestions do you have for members of the Bar appearing before you? |
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| Attachments: |
|  Exhibits - Disposition
 Addendum
 Example of Exibits List
 Initial Scheduling Order
 Exhibit Preperation for Trial
 Order for Pretrial Conference and Setting Trial
 Resume |