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Southern District of Florida |
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| Location of Chambers:
301 N. Miami Avenue, 10th Floor, Miami, FL 33128 |
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| Phone Number:
(305) 523-5580 |
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| Assigned Courtroom:
10 |
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| 1. | Staff: |
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| Scheduling Assistant/Secretary:
Lynn Surowiec
Phone:
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| Courtroom Deputy:
Jacob Hasbun
Phone:
(305) 523-5584 |
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| Court Reporter:
Joseph Millikan
Phone:
(305) 523-5588 |
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| Docket Clerk:
Hannah Dyer
Phone:
(305) 523-5244 |
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| Law Clerks: |
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| (1) Name:
Marini Mithal
Term Ending:
8/27/04 |
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| (2) Name:
Lindsay Harrison
Term Ending:
8/27/04 |
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| (3) Name:
Term Ending:
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| Policy regarding communication with staff (i.e., do you permit counsel to contact assigned law clerks?):
Comments:
Law Clerks are permitted to speak with counsel of record only when counsel are on the phone together. |
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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?
Depends on Rule 16.1 response. |
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| B. | Motion Practice: |
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| Should courtesy copies of pleadings and motions be forwarded to Chambers?
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?
Yes
If YES, when is your normal hearing date/time?
Either every other Friday afternoon or 5:15 p.m. during the week. |
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| What are your procedures concerning ex parte temporary restraining orders?
They will be received in accordance with the applicable rules of procedure |
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| Do you hear preliminary injunction motions yourself?
Yes
If YES, do you limit the hearing to argument of counsel?
Yes
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?
Set at the Court's discretion depending on the case. |
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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?
It is required in civil cases absent extraordinary circumstances. |
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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?
I attempt to narrow legal and factual issues, limit number of witnesses and exhibits, and obtain an accurate estimate of trial time needed.
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? |
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| What is your policy concerning plea arrangements that involve sentencing recommendations?
No policy. |
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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?
Mostly for long criminal trials where witnesses are from out of state.
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?
Comments:
Yes |
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| What is your policy regarding notice of being called for trial during a trial docket (e.g., 48 hours)?
At least 48 hours, but I work closely with attorneys to address their problems. |
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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?
Comments:
(Depends) |
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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? |
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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?
Before trial and perhaps after to supplement based on the evidence. |
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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?
Immediately before trial except if I order otherwise at the pretrial conference. |
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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?
I will impose a time limit. Questions must not be repetitive or factually specific. |
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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?
Per my pretrial Order. |
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| What are your peremptory challenge procedures?
No backstrikes. |
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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? |
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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?
Comments:
(Depends) |
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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?
Yes
Comments:
(When needed) |
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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?
Will be resolved at 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?
Usually at pretrial conference. |
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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: |
|  Order Directing Parties to Mediation
 Order Referring Discovery Motions to Magistrate Judge
 Order Setting Pretrial and Trial Dates and Establishing Pretrial Procedures
 Consent to Jurisdiction by a United States Magistrate Judge for Final Disposition
 Order Requiring Completion of Form Consenting to Jurisdiction by a United States Magistrate Judge for Final Disposition |