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Middle District of Florida |
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| Location of Chambers:
Sam M. Gibbons U.S. Courthouse
810 N. Florid Ave.
Tampa, FL 33602-3899 |
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| Phone Number:
813-301-5520 |
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| Assigned Courtroom:
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| 1. | Staff: |
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| Judicial Assistant:
Mary Maddox (non case-related matters) |
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| Courtroom Deputy:
Marti Malone (scheduling matters) |
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| Law Clerk(s):
Angelina Lim (some procedural matters - see No. 2 below) |
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| 2. | Is it appropriate to telephone Chambers regarding questions of procedure on pending matters?
Yes
Comments:
Yes, 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?
Comments:
Generally, no. First, review the case docket on-line. Then, if necessary, call the case manager in the Clerk's office. However, it is appropriate to telephone Chambers if substantial and unexpected time has passed since a matter was taken under advisement. |
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| 4. | Should courtesy copies of pleadings and motions be forwarded to Chambers?
Comments:
No, except for papers that are filed within 48 hours of a hearing on 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 nonrecurring issues. If you do file one, do so at least 24 hours before the hearing so it can be reviewed before the hearing. Otherwise, only oral argument will be considered prior to a ruling. |
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| 6. | a. Should copies of cases cited in motions and memoranda be forwarded to Chambers?
Comments:
Yes - key cases, but only if supplied to interested parties. |
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| b. If copies of cases are submitted, is it appropriate to highlight portions of cases?
Comments:
Yes, in fact it is appreciated, but only if highlighted and/or "marked up" cases are also supplied to interested parties. |
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| 7. | a. Is it appropriate to cite unpublished opinions in motions or memoranda?
Comments:
Yes, if you give me a copy. |
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| b. If so, should they be attached to the motions or memoranda?
Comments:
Yes. |
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| 8. | Under what conditions do you allow telephonic hearings?
Yes, if there is a good reason. (See my Policy on Telephonic Appearances, posted at www.flmb.uscourts.gov.) |
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| 9. | a. What do you consider to be an emergency matter?
Situations involving imminent loss of property rights; first-day motions in chapter 11 cases. |
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| b. How does one request emergency relief?
It should be handled in accordance with the local rules. Submit a motion and certificate of necessity, and the Judge will review them. See M.D. Fla. L.B.R. 9004-2. You will then be contacted by the Courtroom Deputy. |
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| 10. | a. Would you entertain motions in limine prior to trial?
Comments:
Yes, but only in exceptional cases 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?
Generally, requests for temporary restraining orders are treated as motions for preliminary injunction, and an evidentiary hearing is scheduled on short notice to affected parties. However, in rare instances where conducting a hearing on notice is impossible, I will consider ex parte temporary restraining orders if they are in compliance with Rule 65 of the Federal Rules of Civil Procedure. For guidance, I find the Middle District of Florida's rules to be very comprehensive and encourage attorneys to follow them when seeking temporary restraining orders. U.S. Dist.Ct.Rules M.D. Fla., Rules 4.05 and 4.06. |
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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?
Mediation (but not non-binding arbitration) is encouraged. I will readily grant motions by either party and, at times, order mediation sua sponte. |
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| b. Will you refer settlement negotiations to another bankruptcy judge?
Comments:
I will refer mediations to another bankruptcy judge if one is willing to serve in that capacity. |
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| 13. | When a dispute arises during a deposition, is it appropriate to call Chambers to seek an immediate ruling?
Yes
Comments: |
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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?
Comments:
Sometimes; this will be covered in the pretrial order. |
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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?
Comments:
Not unless requested. |
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| 18. | Do you prefer opening statements?
Comments:
Generally not, unless requested. |
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| 19. | Do you conduct Daubert hearings prior to trial?
Comments:
Daubert is, of course, followed strictly. Generally, I am content to apply Daubert when an objection is made at trial. However, if a Daubert motion is filed prior to trial and a request for separate hearing is made, I will generally grant such a request. |
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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?
The use of the negative notice procedure is highly encouraged. See M.D. Fla. L.B.R. 2002-4 for matters that are acceptable. |
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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 proved 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 the summary judgment on the court's own motion, at the preliminary hearing. Typically, hearings that are not noticed at preliminary are noticed as evidentiary. |
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| 24. | What are your requirements for proposed orders?
Refer to Local Rule 9072-1 when preparing proposed orders. Proposed orders are to include a full, descriptive title and are to be submitted within three days after the hearing. Include complete mailing addresses (not just names) on the service list. It is not necessary to provide service copies or envelopes. Proposed orders should be submitted through delivery to the Clerk's office or submitted electronically (if you are a registered electronic Filing User) to ecfhelp.tpa@flmb.uscourts.gov. Proposed orders should not be submitted directly to Chambers, either via hand delivery or electronically, unless counsel is specifically instructed by the Judge to Chambers to do so. |
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| 25. | Do you have a policy on continuances and enlargements of time (e.g., hearing required)?
Do not assume that a motion for continuance filed at the last minute will be granted. Be prepared for the denial of a last-minute request. If you represent the party with the burden of proof, you should be ready to go forward or suffer the consequences of being unprepared. Refer to Local Rule 5071-1 prior to filing your motion for continuance.
Importantly, a motion for continuance must recite that you have discussed the proposed continuance with opposing counsel and whether there is any objection to the continuance.
Remember to submit a proposed order along with your request for a continuance. Also, if it is a last-minute request, call and let the courtroom deputy know before filing the motion that you are seeking a continuance.
A first request for a continuance where the opposing party consents will typically be granted ex parte, depending on the nature of the continuance being sought. A second request may be set for hearing, again depending on the nature of the continuance being sought. |
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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 conference 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 prejudiced. 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.
When there are significant legal arguments and cases you want considered, file them in advance with a notice of filing. You can plan that I will rule at the hearing; if you want certain authorities taken into account, I need them before the hearing.
Call Chambers when a matter is settled. Otherwise, valuable time is expended by the Judge and Chambers staff, which is wasteful of court resources. Sanctions may be imposed if Chambers expends considerable time preparing for a hearing or trial after the parties have reached a settlement.
Have your exhibits prepared in compliance with M.D. Fla. L.B.R. 9070-1. See my Procedures for Introduction of Exhibits posted at www.flmb.uscourts.gov.
For further guidance, see my Practice Pointers for Lawyers, also posted at www.flmb.uscourts.gov. |
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