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Southern District of Florida |
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| Location of Chambers:
301 North Miami Ave. |
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| Phone Number:
305-523-5150 |
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| Assigned Courtroom:
6th Floor Courtroom |
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| 1. | Staff: |
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| Scheduling Assistant/Secretary:
Tamara "Tammy" McIntyre
Phone:
305-523-5151 |
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| Courtroom Deputy:
Ivan Marchena
Phone:
305-523-5155 |
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| Court Reporter:
Robin Dispenzieri
Phone:
305-523-5158 |
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| Docket Clerk:
Lorraine Sandelin
Phone:
305-523-5255 |
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| Law Clerks: |
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| (1) Name:
Yasin Mohammad (even numbers)
Term Ending:
July, 2008 |
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| (2) Name:
Bridgette Thornton (odd numbers)
Term Ending:
August, 2007 |
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| (3) Name:
Avram "Avi" Israeli
Term Ending:
September, 2007 |
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| Policy regarding communication with staff (i.e., do you permit counsel to contact assigned law clerks?):
Comments:
Yes, Regarding procedural matters. |
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| Is it appropriate to telephone Chambers regarding questions of procedure on pending matters?
Yes
Comments:
Counsel may generally communicate with the law clerks, however, no inquiries regarding the status of pending motions may be made, unless the motion has been pending for longer than 90 days. |
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| Is it appropriate to telephone Chambers regarding the status of pending matters?
No
Comments:
Counsel should refrain from calling chambers regarding the status of pending matters unless a motion has been pending for over 90 days. |
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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?
Daubert hearings, Markman hearings and motions in limine, when appropriate. |
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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?
Yes
Comments: |
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| Is it appropriate to cite unpublished opinions in motions or memoranda?
No
Comments: |
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| If so, should copies be attached to the motions or memoranda?
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?
Rarely. |
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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?
Five (5) weeks prior to the Friday before the trial period. |
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| 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?
If motion hearings are scheduled, they are normally held on Wednesday. |
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| What are your procedures concerning ex parte temporary restraining orders? |
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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:
As a rule, the complexity of the issues determines the time allocated for argument. |
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| What is your practice concerning oral arguments of dispositive motions?
Oral argument may be granted on the motions of the parties. |
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| Do you prefer that the moving parties submit proposed orders granting all motions filed before your court?
Yes
Comments:
Proposed orders should be emailed in WordPerfect format to Cooke@flsd.uscourts.gov |
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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?
Parties are encouraged to pursue any methods available to them to resolve their issues prior to trial. |
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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?
Yes
Comments: |
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| 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?
Unless an expedited schedule is requested by the parties. |
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| E. | Pretrial Conference: |
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| Do you personally conduct pretrial conferences in your cases?
No
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?
Matters related to trial preparedness.
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)?
Yes
Comments: |
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| Do you personally conduct hearings on evidentiary substantive pretrial motions to suppress evidence or for other relief?
Yes
Comments:
Sometimes these matters are referred to the Magistrate Judge. |
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| B. | Pleas: |
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| What is your policy concerning nolo contendere or Alford pleas?
Will allow. |
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| What is your policy concerning plea arrangements that involve sentencing recommendations?
Will allow, not bound by recommendations. |
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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? |
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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?
Yes
Comments: |
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| What is your policy regarding notice of being called for trial during a trial docket (e.g., 48 hours)?
48 hours. |
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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?
Counsel proposes
Comments:
By the Court's order, counsel are required to meet and prepare a Joint Scheduling Report. |
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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? |
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| When are trial briefs due?
Friday prior to trial. |
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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?
No later than the calendar call. |
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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:
WordPerfect format is preferred. |
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| When do you require parties to file proposed jury instructions?
At the time of calendar call. |
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| When standard jury instructions are available, do you prefer that attorneys submit condensed versions of the standard instructions?
Yes |
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| Should jury instructions also be submitted to Chambers on a computer disk?
Yes
Comments:
Word Perfect format. |
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| C. | Voir Dire: |
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| Do you permit counsel to perform voir dire?
Yes
If YES, what guidelines or restrictions must counsel follow when conducting voir dire?
15 minutes, on general areas of inquiry. |
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| If the judge conducts voir dire, can parties submit proposed voir dire questions?
Yes
If YES, when should such questions be submitted?
With the joint pretrial stipulation, as outlined in the Court's Scheduling Order. |
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| What are your peremptory challenge procedures?
Peremptory challenge procedures are conducted side bar, individually per juror. |
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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?
No. |
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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?
Determined on a case-by-case basis. In general, trial graphics, demonstrative aids are permitted. Counsel should also be aware of, and follow the security procedures in place at the courthouse with regard to bringing in equipment which may be necessary with regard to materials being presented. In many cases, advance clearance must be arranged with chambers and the United States Marshal. |
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| G. | Procedure for Objections: |
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| What, if any, procedures do you have concerning objections at trial?
State grounds. Discussion at side bar, outside the presence of 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?
Inappropriate communication with the law clerks and chambers staff. |
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| What, if any, other observations or suggestions do you have for members of the Bar appearing before you?
Please keep abreast with the Local Rules as they are updated (they can be found on the Court's website), and visit the Court's website at www.flsd.uscourts.gov, for other information which may answer questions that are often directed to chambers. |
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