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Middle District of Florida |
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| Location of Chambers:
801 N. Florida Ave., Ste. 840
Tampa, FL 33602-3849 |
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| Phone Number:
813-301-5100 |
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| Assigned Courtroom:
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| 1. | Staff: |
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| Judicial Assistant:
Laura Stevenson |
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| Courtroom Deputy:
Barry Clark |
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| Law Clerk(s):
Cindy Turner
Alana Williams |
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| 2. | Is it appropriate to telephone Chambers regarding questions of procedure on pending matters?
Yes
Comments:
You may contact the Law Clerk on non-substantive (procedural) matters. However, the Court may designate a representative of the Clerk’s office to handle inquiries on specific cases. |
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| 3. | Is it appropriate to telephone Chambers regarding the status of pending matters?
Yes
Comments: |
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| 4. | Should courtesy copies of pleadings and motions be forwarded to Chambers?
Yes
Comments:
If it is a complex matter. |
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| 5. | When should legal memoranda be filed in support of or in opposition to motions?
Only in complex matters and then only as to non-recurring issues. If you do file one, do so at least 24 hours before the hearing so it can be reviewed before the hearing. |
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| 6. | a. Should copies of cases cited in motions and memoranda be forwarded to Chambers?
No
Comments: |
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| b. If copies of cases are submitted, is it appropriate to highlight portions of cases?
Yes
Comments:
If also supplied to interested parties. |
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| 7. | a. Is it appropriate to cite unpublished opinions in motions or memoranda?
Yes
Comments: |
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| b. If so, should they be attached to the motions or memoranda?
Yes
Comments: |
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| 8. | Under what conditions do you allow telephonic hearings?
The party requesting telephonic appearance must file a motion and submit a proposed order prior to the hearing. |
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| 9. | a. What do you consider to be an emergency matter?
I evaluate this on a case-by-case basis. Generally, I accept the movant’s representations. |
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| b. How does one request emergency relief?
Submit a motion and certificate of necessity. See M.D. Fla. L.B.R. 9004-2. |
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| 10. | a. Would you entertain motions in limine prior to trial?
Yes
Comments:
Where it will impact on trial preparation or length of trial. |
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| b. If you will consider motions in limine prior to trial, how far in advance should they be filed?
As far in advance as possible and appropriate. |
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| 11. | What are your procedures concerning ex parte temporary restraining orders?
I will consider ex parte temporary restraining orders if they are in compliance with Rule 7065 of the Federal Rules of Bankruptcy Procedure. |
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| 12. | a. 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?
I encourage it. |
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| b. Will you refer settlement negotiations to another bankruptcy judge?
Comments:
Not unless it is requested. |
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| 13. | When a dispute arises during a deposition, is it appropriate to call Chambers to seek an immediate ruling?
Comments:
Usually no, but sometimes it may be appropriate. |
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| 14. | a. Do you grant trial dates certain?
Yes
Comments: |
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| b. If not, what is your policy regarding notice of being called for trial during a trial docket (e.g., 48 hours)? |
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| 15. | Do you require trial briefs?
Yes
Comments:
For trials that will take more than one hour. |
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| 16. | Do you require proposed findings of fact and conclusions of law to be filed?
No
Comments: |
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| 17. | Should trial briefs and/or proposed findings of fact and conclusions of law be submitted to Chambers on a computer disk?
No
Comments: |
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| 18. | Do you prefer opening statements?
Yes
Comments:
Generally |
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| 19. | Do you conduct Daubert hearings prior to trial?
Comments:
Sometimes |
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| 20. | What is your procedure for the use of videotapes, trial graphics, depositions, and demonstrations?
Call the Courtroom Deputy no later than 48 hours prior to trial or final evidentiary hearing to coordinate. |
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| 21. | For which matters is the use of negative notice acceptable?
See M.D. Fla. L.B.R. 2002-4. |
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| 22. | How does a litigant obtain a hearing date?
In most instances, upon filing of a motion, parties will be notified by a court-generated notice or order setting a hearing. In the case of emergency hearings, the Courtroom Deputy will contact movant’s counsel; counsel is typically instructed to provide notice by telephone and fax. |
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| 23. | How does one know if a hearing is to be evidentiary (if Fed.R.B.P. 9014(e) has not been implemented)?
Except in unusual situations, typically emergency in nature, the initial hearing on a motion will be noticed as “preliminary.” If a hearing is noticed as “preliminary,” the Court will not permit the introduction of testimony or documentary evidence. However, if it appears from discussion with counsel that there are no material facts in dispute, the Court, if otherwise appropriate, will enter dispositive rulings, to include summary judgment on the Court’s own motion, at the preliminary hearing. Typically, hearings that are not noticed as preliminary are noticed as evidentiary. |
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| 24. | What are your requirements for proposed orders?
Proposed orders should be submitted through delivery to the Clerk’s office or submitted electronically (if you are a registered electronic Filing User) to Orders.glenn@flmb.uscourts.gov. Proposed orders should not be submitted directly to Chambers, either via hand delivery or electronically, unless counsel is specifically requested by the Judge or Chambers to do so. |
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| 25. | Do you have a policy on continuances and enlargements of time (e.g., hearing required)?
Such motions should be in compliance with M.D. Fla. L.B.R. 5071-1. |
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| 26. | Under what circumstances do you require the debtor's attendance at a hearing?
All hearings when the debtor is pro se; hearings on reaffirmation agreements when debtor’s counsel has not signed the agreement; all evidentiary hearings; initial status conferences and significant hearings in Chapter 11 cases. |
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| 27. | Do you grant pro hac vice admission on oral request at hearings?
Yes, but prefer motions to be filed. See M.D. Fla. L.B.R. 2090-1. |
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| 28. | What is your practice or policy when counsel fails to serve opposing parties with motions within the times set forth in the rules or your orders?
It depends on whether an opposing party is prejudice. In some circumstances, sanctions such as attorney fees may be appropriate. |
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| 29. | What is your practice or policy when counsel fails to provide opposing counsel with copies of proposed exhibits prior to hearing or trial?
It depends on potential prejudice, which may result in a continuance and possible imposition of sanctions. The Court may also deny admission of exhibits in some circumstances. |
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| 30. | Please indicate any pet peeves of which you would like the Federal Bar to be aware. |
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