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Survey last modified on 05/22/2009

Alexander L Paskay
Bankruptcy Judge


The following information is being voluntarily furnished in response to a questionnaire from the Federal Court Practice Committee of The Florida Bar. This information is not binding on any judge or court official and may not be relied upon for precedential purposes.

Court:
Middle District of Florida

Location of Chambers:
Sam M. Gibbons U.S. Courthouse

Phone Number:
813-301-5146

Assigned Courtroom:
9A

1. Staff:

Judicial Assistant:
Mary Morrison

Courtroom Deputy:
Dedra Gann

Law Clerk(s):
Isabel "Cissy" Skipper

2.Is it appropriate to telephone Chambers regarding questions of procedure on pending matters?
Yes
Comments:
Calls concerning calendar procedures should be directed to Courtroom Deputy, all others concerning procedures should be directed to Law Clerk

3.Is it appropriate to telephone Chambers regarding the status of pending matters?
Yes
Comments:
Calendar questions should be directed to Courtroom Deputy, others to Law Clerk

4.Should courtesy copies of pleadings and motions be forwarded to Chambers?
No
Comments:

5. When should legal memoranda be filed in support of or in opposition to motions?
When Requested by Judge.

6.a. Should copies of cases cited in motions and memoranda be forwarded to Chambers?
Yes
Comments:

b. If copies of cases are submitted, is it appropriate to highlight portions of cases?
No
Comments:

7.a. Is it appropriate to cite unpublished opinions in motions or memoranda?
No
Comments:

b. If so, should they be attached to the motions or memoranda?

Comments:

8. Under what conditions do you allow telephonic hearings?
Seldom if never

9.a. What do you consider to be an emergency matter?
Anything filed as an Emergency and facts stated in Motion justify emergency

b. How does one request emergency relief?
File emergency motion accompanied by certificate of necessity for emergency.

10. a. Would you entertain motions in limine prior to trial?
Yes
Comments:
Generally no, but yes only on matters that will impact the trial.

b. If you will consider motions in limine prior to trial, how far in advance should they be filed?
At least two weeks.

11. What are your procedures concerning ex parte temporary restraining orders?
Set for hearing promptly if facts stated in sworn accompanying affidavit justify.

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?
Never use

b. Will you refer settlement negotiations to another bankruptcy judge?
No
Comments:

13. When a dispute arises during a deposition, is it appropriate to call Chambers to seek an immediate ruling?
Yes
Comments:

14.a. Do you grant trial dates certain?
Yes
Comments:
Dates are set by Courtroom Deputy or Judge in open court

b. If not, what is your policy regarding notice of being called for trial during a trial docket (e.g., 48 hours)?

15. Do you require trial briefs?
Yes
Comments:
Only if requested by Judge.

16. Do you require proposed findings of fact and conclusions of law to be filed?
Yes
Comments:
Only if requested by Judge

17.Should trial briefs and/or proposed findings of fact and conclusions of law be submitted to Chambers on a computer disk?
Yes
Comments:
If requested in Microsoft Word format

18.Do you prefer opening statements?
No
Comments:
Rarely

19.Do you conduct Daubert hearings prior to trial?
Yes
Comments:
If justified.

20. What is your procedure for the use of videotapes, trial graphics, depositions, and demonstrations?
Motion required for permission to use and governed by local rules

21.For which matters is the use of negative notice acceptable?
Various, covered by local rules

22. How does a litigant obtain a hearing date?
Request by filing a Motion, Courtroom Deputy sets the hearing

23. How does one know if a hearing is to be evidentiary (if Fed.R.B.P. 9014(e) has not been implemented)?
Notice indicates that is evidentiary

24. What are your requirements for proposed orders?
Shall be properly titled, state grounds for ruling and result of ruling, no signature line on a blank page by itself.

25.Do you have a policy on continuances and enlargements of time (e.g., hearing required)?
Request should be made by filing a Motion and clearance through Courtroom Deputy, no hearing required

26.Under what circumstances do you require the debtor's attendance at a hearing?
Only when Debtor's rights are involved

27.Do you grant pro hac vice admission on oral request at hearings?
Occasionally, request should be made by Motion

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?
Motion can be stricken ex parte, possible imposition of sanctions if done repeatedly

29.What is your practice or policy when counsel fails to provide opposing counsel with copies of proposed exhibits prior to hearing or trial?
Possible prohibition of use of exhibits, possible sanctions if requested

30.Please indicate any pet peeves of which you would like the Federal Bar to be aware.
Lack of preparation in courtroom, lawyers talking at the same time or interrupting Judge, contentious behavior

Attachments:

[Revised: 07-01-2005 ]