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Middle District of Florida |
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| Location of Chambers:
Suite 954, 801 N. Florida Ave., Tampa, FL 33602 |
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| Phone Number:
(813) 301-5200 |
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| Assigned Courtroom:
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| 1. | Staff: |
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| Judicial Assistant:
Yvonne Shepherd |
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| Courtroom Deputy:
Kim Murphy |
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| Law Clerk(s):
Barbara Hart |
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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.
You may call the Courtroom Deputy regarding scheduling issues. In particular, it is recommended that Chambers be advised as soon as possible if a matter has been settled. |
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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?
No
Comments: |
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| 5. | When should legal memoranda be filed in support of or in opposition to motions?
Legal memoranda should be filed only in complex matters and only as to non-recurring issues. If you do file one, do so at least 48 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?
No
Comments:
No, except those cases unavailable through Westlaw or Lexis should be filed as an Exhibit to the Motion or Memorandum. |
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| b. If copies of cases are submitted, is it appropriate to highlight portions of cases?
Yes
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?
Yes
Comments:
If you provide a copy to the court and opposing counsel. |
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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?
Yes, if appropriate. The following procedures shall apply: [also, refer to my Policy on Telephonic Appearances, posted at www.flmb.uscourts.gov.]
a. Telephonic hearings are considered a privilege, not a right.
b. Telephonic hearings are granted at my discretion.
c. Any party may request to appear by telephone, unless special
circumstances are demonstrated, generally only those parties or their counsel who are not located in the Tampa Division of the United States Bankruptcy Court for the Middle District of Florida will be allowed to appear by telephone.
d. The court can accommodate only one party’s telephonic appearance at a particular hearing. If more than one counsel wishes to appear telephonically, the parties must arrange among themselves for a “call-in conference call” and supply the court with the telephone number and access code at least twenty-four (24) hours before the hearing.
e. Unless an emergency arises, all requests for telephonic hearings must be made at least twenty-four (24) hours prior to the scheduled hearing date.
f. A written motion requesting a telephonic appearance is not required. All requests shall be made to the Courtroom Deputy, Kim Murphy, at 813-301-5118. The requesting party must supply an appropriate telephone number at the time the initial request for the telephonic hearing is made.
g. If a request for a telephonic hearing is granted, the requesting party must be available at least five (5) minutes prior to the scheduled hearing and for one (1) hour following the scheduled hearing time, unless the hearing concludes earlier. If the requesting party is not immediately available at the designated time, the hearing will proceed without the requesting party, and that party may lose the right to participate in future telephonic hearings.
h. Telephonic hearings are typically not permitted for preliminary hearings on motions for relief from stay, evidentiary hearings, or hearings conducted in connection with a Chapter 13 case. Generally, telephonic hearings will only be held in connection with Chapter 7 hearings, Chapter 11 hearings, and adversary proceeding pre-trial conferences an non-evidentiary hearings. No evidentiary hearing will be conducted by telephone. |
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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 I 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?
Yes
Comments:
But only in exceptional cases where it will impact 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 injunctions, 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, the Middle District of Florida's rules are very comprehensive and I 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, and sometimes required. 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)?
N/A |
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| 15. | Do you require trial briefs?
Comments:
Sometimes; this will be covered in the pre-trial order. |
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| 16. | Do you require proposed findings of fact and conclusions of law to be filed?
Comments:
Rarely. |
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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:
If requested, findings of fact and conclusions of law should be submitted on a computer disk using Microsoft Word, if possible. |
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| 18. | Do you prefer opening statements?
No
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 [See also my Acceptable Use of Negative Notice, posted at www. flmb.uscourts.gov.]. |
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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 email. |
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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. Unless the notice states that the hearing is "evidentiary," it will be conducted as a preliminary hearing. |
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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 (3) 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 filer) to https://pacer.flmb.uscourts.gov/orders/Login.asp Orders.may@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 or Chambers to do so. Refer to the court's website regarding Submission of Proposed Orders for additional instructions. [www.flmb.uscourts.gov] |
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| 25. | Do you have a policy on continuances and enlargements of time (e.g., hearing required)?
A written motion is required for any continuance or enlargement of time. 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 going 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.
Arrange telephonic appearances at least twenty-four hours before the scheduled hearing.
Confer with opposing counsel before any hearing to explore settlement of substantive issues or, at least, the process for moving the matter to trial. |
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