 | Court:
Middle District of Florida |
|
|
| Location of Chambers:
South Trust Bank Bldg.
135 W. Central Blvd.
Orlando, FL 32801 |
|
|
| Phone Number:
407-648-6225 |
|
|
| Assigned Courtroom:
|
|
|
| 1. | Staff: |
|
|
| Judicial Assistant:
Kim Osment |
|
|
| Courtroom Deputy:
Susan Coberly |
|
|
| Law Clerk(s):
Ann Kathan |
|
|
| 2. | Is it appropriate to telephone Chambers regarding questions of procedure on pending matters?
No
Comments:
All prodecural questions should be directed to the Clerk's office. |
|
|
| 3. | Is it appropriate to telephone Chambers regarding the status of pending matters?
No
Comments: |
|
|
| 4. | Should courtesy copies of pleadings and motions be forwarded to Chambers?
No
Comments:
Unless they are specifically requested. |
|
|
| 5. | When should legal memoranda be filed in support of or in opposition to motions? |
|
|
| 6. | a. Should copies of cases cited in motions and memoranda be forwarded to Chambers?
No
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 | a. Is it appropriate to cite unpublished opinions in motions or memoranda?
Comments: |
|
|
| b. If so, should they be attached to the motions or memoranda?
Comments: |
|
|
| 8. | Under what conditions do you allow telephonic hearings?
Telephonic hearings are determined on a case by case basis. Location of Counsel DOES NOT entitle a telephonic hearing. If it is a contested motion and evidence or testimoney is to be presented then a telephone hearing IS NOT permitted. |
|
|
| 9. | a. What do you consider to be an emergency matter? |
|
|
| b. How does one request emergency relief?
By filing an appropriate motion with a Certificate of Necessity. |
|
|
| 10. | a. Would you entertain motions in limine prior to trial?
Comments: |
|
|
| b. If you will consider motions in limine prior to trial, how far in advance should they be filed? |
|
|
| 11. | What are your procedures concerning ex parte temporary restraining orders? |
|
|
| 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 is encouraged. |
|
|
| b. Will you refer settlement negotiations to another bankruptcy judge?
Comments: |
|
|
| 13. | When a dispute arises during a deposition, is it appropriate to call Chambers to seek an immediate ruling?
Comments:
If the Court is advised prior to the deposition that a dispute may arise the Court makes itself available. Court conference rooms are usually used in these instances so the parties may easily move into the courtroom for resolution. |
|
|
| 14. | a. Do you grant trial dates certain?
Yes
Comments:
If requested by the parties. |
|
|
| b. If not, what is your policy regarding notice of being called for trial during a trial docket (e.g., 48 hours)?
Status Conferences are set in the beginning of the month with trial weeks set at the end of the month. At the Status Conference, Counsel is asked of any conflicts during the trial week. The Final Evidentiary Hearing is either scheduled in Court, or the courtroom deputy will call the parties one week prior to the schedule trial week to advise of the date and time certain. If Counsel has not heard from the courtroom deputy by the Friday prior to trial week, it is counsel's responsibility to call and get the hearing date and time. |
|
|
| 15. | Do you require trial briefs?
Comments:
If the Court requests them in advance of the trial. |
|
|
| 16. | Do you require proposed findings of fact and conclusions of law to be filed?
No
Comments:
Only if requested |
|
|
| 17. | Should trial briefs and/or proposed findings of fact and conclusions of law be submitted to Chambers on a computer disk?
Comments:
A hard copy and a disk of proposed findings of fact and conclusions of law should be submitted. |
|
|
| 18. | Do you prefer opening statements?
No
Comments:
Not generally |
|
|
| 19. | Do you conduct Daubert hearings prior to trial?
Comments: |
|
|
| 20. | What is your procedure for the use of videotapes, trial graphics, depositions, and demonstrations?
Use is permitted. Counsel should call the courtroom deputy prior to the hearing to make arrangements. |
|
|
| 21. | For which matters is the use of negative notice acceptable?
Please see Attachment 1. This attachment contains a table that consolidates the appropriate use of negative notice by practitioners as permitted by Local Rule 2002-4. All practitioners are encouraged to use negative notice wherever appropriate but are also reminded of the Court's discretionary authority to set any matter for hearing even if no objection was filed as stated in L.R. 2002-4(e). |
|
|
| 22. | How does a litigant obtain a hearing date?
At this time by filing the proper pleading, motion, objection. The pleading is filed with the Clerk's Office that in turn forwards it to the courtroom deputy. It is given a hearing date and time and returned to the Clerk's Office for noticing unless counsel is asked to prepare the notice of hearing. |
|
|
| 23. | How does one know if a hearing is to be evidentiary (if Fed.R.B.P. 9014(e) has not been implemented)?
By reading the hearing notice. All notices describe the type of hearing to be conducted. |
|
|
| 24. | What are your requirements for proposed orders?
.pdf format - see attachment for details |
|
|
| 25. | Do you have a policy on continuances and enlargements of time (e.g., hearing required)?
Moving party should confer with opposing counsel and include that information in the motion, i.e. counsel conferred and opposing party consents, etc. |
|
|
| 26. | Under what circumstances do you require the debtor's attendance at a hearing?
Debtor's should be present at all hearings dealing with motions/objections filed on their behalf unless previously excused by the Court. |
|
|
| 27. | Do you grant pro hac vice admission on oral request at hearings?
Yes |
|
|
| 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?
Matter is rescheduled unless opposing counsel states they do not object. |
|
|
| 29. | What is your practice or policy when counsel fails to provide opposing counsel with copies of proposed exhibits prior to hearing or trial? |
|
|
| 30. | Please indicate any pet peeves of which you would like the Federal Bar to be aware. |
|
|
| Attachments: |
| |