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Southern District of Florida |
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| Location of Chambers:
U.S. District Court
299 E. Broward Blvd., Rm. 109
Ft. Lauderdale, FL 33301 |
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| Phone Number:
(954) 769-5450 |
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| Assigned Courtroom:
Courtroom 110 |
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| 1. | Staff: |
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| Scheduling Assistant/Secretary:
Channon Coffey, Judicial Administrator
Phone:
(954) 769-5450 |
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| Courtroom Deputy:
Aaron Tijerino
Phone:
(954) 769-5403 |
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| Court Reporter:
Phone:
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| Docket Clerk:
Phone:
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| Law Clerks: |
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| (1) Name:
Andrea "Kay" Adams |
| (2) Name:
Channon Coffey |
| (3) Name:
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| Policy regarding communication with staff (i.e., do you permit counsel to contact assigned law clerks?):
Comments:
Yes |
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| Is it appropriate to telephone Chambers regarding questions of procedure on pending matters?
Yes
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?
Scheduling of trials; voir dire; jury instructions; evidentiary issues; outstanding motions. |
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| B. | Motion Practice: |
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| Should courtesy copies of pleadings and motions be forwarded to Chambers?
Yes
Comments:
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| Should copies of cases cited in motions and memoranda be forwarded to Chambers?
Comments:
Only if unpublished or not readily obtainable. |
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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 conditions 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?
Look to scheduling order in case. |
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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?
As a magistrate judge, I have not had one referred. |
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| Do you hear preliminary injunction motions yourself?
If YES, do you limit the hearing to argument of counsel?
If NO, what are your procedures for the receipt of evidence during a hearing on a preliminary injunction?
Comments:
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| What is your practice concerning oral arguments of dispositive motions?
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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?
I often order mediation. |
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| D. | Discovery: |
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| Do you receive referrals on discovery matters from a U.S. District Judge?
Yes
Comments:
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| When a dispute arises during a deposition, is it appropriate to call Chambers to seek an immediate ruling?
Comments:
I discourage the practice althought I have in unusual circumstances taken the call. |
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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?
If YES, do you have a standing order regarding pretrial conference? (If YES, please attach a copy at the bottom of the page.)
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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?
If YES, what matters do you typically discuss during a preliminary pretrial conference?
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| When you conduct preliminary pretrial conferences in criminal cases, what matters do you typically discuss during the conference?
Scheduling, pending motions, discovery issues. |
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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. | Bond hearing: |
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| Do you permit the government to proceed by proffer or require live testimony?
Comments:
I permit the government to proceed by proffer at pretrial detention hearings but to have a witness available for cross-examination. |
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| If a proffer is permitted, can the defendant’s counsel call the government case agent and cross-examine him/her?
Yes
Comments:
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| If a proffer is permitted, do you prefer that defense counsel present the family of the defendant as witnesses by proffer instead of calling individual witnesses?
Yes
Comments:
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| Do you require a government agent to be present?
Yes
If so, do you require that he or she be prepared to testify?
Yes
Comments:
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| C. | Pleas: |
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| What is your policy concerning nolo contendere or Alford pleas?
As a magistrate judge, I rarely take pleas - only on an occasional misdemeanor where the parties have consented. |
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| What is your policy concerning plea arrangements that involve sentencing recommendations pursuant to Fed. Rule Crim. P. 11(B)? Pursuant to Rule 11(C)?
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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?
On every case. |
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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?
If NO, what is your practice or procedure regarding rescheduling trials that are not reached on a trial docket?
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| What is your policy regarding notice of being called for trial during a trial docket (e.g., 48 hours)?
Everyone is given a date certain months in advance. |
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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:
(Unless specifically requested)
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| Do you require trial briefs in bench trials?
No
Comments:
(Unless requested)
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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?
(usually post-trial) |
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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?
Near end of trial. |
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| When standard jury instructions are available, do you prefer that attorneys submit condensed versions of the standard instructions?
Yes
Comments:
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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 allow counsel to ask questions during voir dire?
Yes
If YES, what guidelines or restrictions must counsel follow when conducting voir dire?
Do not pre-try the case. |
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| If 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?
If NO, do you limit each side (i.e., plaintiff/defense) to a total of three peremptory challenges to be shared?
I have no firm policy on this issue. |
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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?
If YES, what are the time limits?
Depends on length and complexity of case, but usually 30 minutes. |
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| Can exhibits be used in opening statements?
Yes
Comments:
(If cleared with court first.) |
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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?
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| G. | Procedure for Objections: |
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| What, if any, procedures do you have concerning objections?
Succenctly stated - no speaking objections. |
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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?
If YES, under what constraints and restrictions?
(Sometimes) |
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| 5. | Review Procedures (For Bankruptcy Appeals and Social Security Cases): |
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| A. | Oral Arguments: |
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| Under what circumstances do you grant requests for oral arguments?
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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. | Initial Appearance: |
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| For pretrial detention hearings, do you require a government agent to be present?
Yes
If so, do you require that he or she be prepared to testify?
Yes
Comments:
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| 7. | Other Questions: |
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| What criteria do you apply in determining whether to impose a financial assessment on a defendant for the services of appointed counsel?
I consider all relevant circumstances bearing on the defendant's ability to pay. |
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| What are your “pet peeves” for the information of the lawyers appearing before you?
Complete candor with court; civility toward opposing counsel and winesses. |
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| Please provide any additional information that you believe may be informative to the members of the Bar appearing before you.
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| Attachments: |
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