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Southern District of Florida |
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| Location of Chambers:
301 N. Miami Avenue, 11th Floor
Miami, Florida 33128 |
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| Phone Number:
305-523-5550 |
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| Assigned Courtroom:
11th Floor |
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| 1. | Staff: |
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| Scheduling Assistant/Secretary:
Phone:
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| Courtroom Deputy:
Kathryn B. Harlan
Phone:
305-523-5555 |
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| Court Reporter:
William Romanishin
Phone:
305-523-5558 |
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| Docket Clerk:
Warren Comdon
Phone:
305-523-5239 |
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| Law Clerks: |
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| (1) Name:
Santiago Aroca
Term Ending:
2005 |
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| (2) Name:
Jorge Gonzalez
Term Ending:
2005 |
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| (3) Name:
Ryan Cobbs
Term Ending:
2006 |
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| Policy regarding communication with staff (i.e., do you permit counsel to contact assigned law clerks?):
Comments:
Counsel are not permitted to communicate directly with Law Clerks. |
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| Is it appropriate to telephone Chambers regarding questions of procedure on pending matters?
Comments: |
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| Is it appropriate to telephone Chambers regarding the status of pending matters?
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? If NO, do you refer preliminary pretrial hearings to a United States Magistrate Judge? |
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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?
Comments: |
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| Is it appropriate to cite unpublished opinions in motions or memoranda?
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?
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?
If you will consider motions in limine prior to trial, how far in advance should they be filed? |
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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?
The court promptly reviews the motion for legal sufficiency. A hearing may be scheduled, depending on the circumstances. |
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| Do you hear preliminary injunction motions yourself?
Yes
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?
Comments: |
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| What is your practice concerning oral arguments of dispositive motions?
Hearings are held when necessary to sharpen the issues. |
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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 Orders are entered in nearly all civil cases. Occasionally the Court requests Magistrate Judges to conduct settlement. |
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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?
Comments: |
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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?
Yes
If YES, what matters do you typically discuss during a preliminary pretrial conference?
Scheduling. Identification of issues that will require the most attention.
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)?
No
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?
The Court does not accept such pleas. |
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| What is your policy concerning plea arrangements that involve sentencing recommendations?
They are acceptable but the Court does not consider herself bound by the recommendations. |
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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?
When the trial schedule permits and there is a real need for a date certain, such as to accommodate foreign witnesses.
If NO, what is your practice or procedure regarding rescheduling trials that are not reached on a trial docket?
They are rescheduled as the Court's schedule permits. |
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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 fixed policy but Chambers Staff have been instructed to give as much notice as possible. |
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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?
No
Comments: |
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| What are your requirements for trial briefs? |
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| When are trial briefs due?
If counsel chooses to submit a trial brief, it should be submitted at the pre-trial 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?
By 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?
Comments: |
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| When do you require parties to file proposed jury instructions? |
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| When standard jury instructions are available, do you prefer that attorneys submit condensed versions of the standard instructions?
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| Should jury instructions also be submitted to Chambers on a computer disk?
Comments: |
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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?
Adhere to the time limits imposed by the Court, no hypothetical questions and no questions that ask the venirepersons to pre-judge the case. |
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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?
By the Calendar Call |
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| What are your peremptory challenge procedures?
No back strikes |
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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?
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:
Counsel should disclose to each other in advance of trial the exhibits intended to be used in opening statement so that any disputes concerning their use can be brought to the Court's attention before the opening statements are given. |
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| Do you allow plaintiffs to make a rebuttal during opening statements?
Comments: |
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| E. | Use of Expert: |
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| Do you conduct Daubert hearings prior to trial?
Comments:
Occasionally |
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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 court has an ELMO for the use of attorneys. Any attorney using technology or demonstrations should confer with opposing counsel prior to pretrial conference to determine if there will be objections. If so, and if no agreement can be reached, the attorney seeking to use the technology or demonstration should bring the dispute to the attention of the Court ar the pretrial conference. |
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| G. | Procedure for Objections: |
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| What, if any, procedures do you have concerning objections at trial?
The attorney should stand and briefly state the objection. The Court does not allow argument on objections in the presence of the jury. |
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| H. | Jury Procedures: |
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| Do you permit jurors to take notes?
Comments:
Usually |
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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: |
|  Biography |