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Middle District of Florida |
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| Location of Chambers:
Fairwinds Credit Union Bldg., 135 W. Central Blvd., Suite 950, Orlando, FL 32801 |
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| Phone Number:
407-648-6832 |
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| Assigned Courtroom:
Courtroom B |
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| 1. | Staff: |
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| Judicial Assistant:
Cindy Courtney |
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| Courtroom Deputy:
Kathy Deetz
Vicki Conrad |
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| Law Clerk(s):
Tiffany Payne |
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| 2. | Is it appropriate to telephone Chambers regarding questions of procedure on pending matters?
Yes
Comments:
If the question truly is procedural, and not substantive. |
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| 3. | Is it appropriate to telephone Chambers regarding the status of pending matters?
Yes
Comments:
Particularly 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:
Staff is instructed to throw away all courtesy copies, with one exception regarding voluminous Motions for Summary Judgment. If a Motion for Summary Judgment, together with any attachments (i.e., affidavits, exhibits, and depositions referenced), exceeds 100 pages, the moving party must supply a full courtesy copy to chambers upon filing the motion. The same rule applies to any responsive pleading filed. |
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| 5. | When should legal memoranda be filed in support of or in opposition to motions?
Legal memorandums are appreciated on unique or complex legal issues. Memorandums are not requested for routine or simple legal issues, although parties are welcome to submit a list of cases for the Court to review. |
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| 6. | a. Should copies of cases cited in motions and memoranda be forwarded to Chambers?
No
Comments:
However, copies of cases can be helpful during a court hearing. Always bring enough copies for all parties. |
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| b. If copies of cases are submitted, is it appropriate to highlight portions of cases?
Yes
Comments:
Highlighting is encouraged. |
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| 7. | a. Is it appropriate to cite unpublished opinions in motions or memoranda?
Yes
Comments: |
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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?
Telephonic hearings are sometimes allowed. The following procedures shall apply:
a. Telephonic hearings are considered a privilege, not a right.
b. Telephonic hearings are granted at the discretion of the assigned judge.
c. Any party may request to appear by telephone; however, unless special circumstances are demonstrated, generally only those parties or their counsel who are not located in the Orlando Division of the United States Bankruptcy Court for the Middle District of Florida will be allowed to appear by telephone.
d. Unless an emergency arises, all requests for telephonic hearings must be made at least seven days prior to the scheduled hearing date.
e. All requests shall be made to the Courtroom Administrators, Kathy Deetz, for Chapter 7 and Chapter 11 cases, and to Vicki Conrad, for Chapter 13 cases, at 407-648-6906. The requesting party must supply an appropriate telephone number at the time the initial request for the telephonic hearing is made.
f. If a request for a telephonic hearing is granted, the requesting party must be available at least five minutes prior to the scheduled hearing and for one 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. If an attorney cannot be located by a receptionist or if the Courtroom Administrator accesses an attorney's voicemail, the requesting party will lose the right to participate in future telephonic hearings.
g. Telephonic hearings are not permitted for preliminary hearings on motions for relief from stay, evidentiary hearings or hearings conducted in connection with a Chapter 13 case. As such, telephonic hearings generally only will be held in connection with Chapter 7 hearings, Chapter 11 hearings, and adversary proceeding hearings. No evidentiary hearing will be conducted by telephone. |
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| 9. | a. What do you consider to be an emergency matter?
Few true emergencies exist, and all emergency motions are evaluated on a case-by-case basis. The one exception is that "first day" hearings in Chapter 11 cases involving an operating debtor automatically are scheduled within three days of the petition date. |
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| b. How does one request emergency relief?
Follow the procedures set forth in Local Rule 9004-2. |
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| 10. | a. Would you entertain motions in limine prior to trial?
Comments:
Only in truly exceptional cases. |
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| b. If you will consider motions in limine prior to trial, how far in advance should they be filed?
As early as possible. |
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| 11. | What are your procedures concerning ex parte temporary restraining orders?
They are treated as emergency motions and evaluated on a case-by-case basis. |
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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?
I encourage and sometimes require mediation. |
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| b. Will you refer settlement negotiations to another bankruptcy judge?
No
Comments: |
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| 13. | When a dispute arises during a deposition, is it appropriate to call Chambers to seek an immediate ruling?
No
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:
Occasionally and only as directed in specific pretrial orders. |
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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. Alternatively, they can be submitted as a Microsoft Word attachment to an email addressed to Cindy Courtney, with a carbon copy to Tiffany Payne, at the following email addresses:
Cindy_Courtney@flmb.uscourts.gov
Tiffany_Payne@flmb.uscourts.gov |
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| 18. | Do you prefer opening statements?
No
Comments: |
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| 19. | Do you conduct Daubert hearings prior to trial?
No
Comments: |
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| 20. | What is your procedure for the use of videotapes, trial graphics, depositions, and demonstrations?
I encourage use of any aid to help the court and witnesses understand the facts. Any demonstrative aid must be easily viewed by everyone in attendance. Large blow-ups of balance sheets and financial calculations rarely are helpful and usually are better presented as paper exhibits. As to depositions, I require parties to submit segments they would like to include on the record, which I will independently read. Any objections will be resolved at trial. I do no allow parties to read deposition transcripts during a trial. |
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| 21. | For which matters is the use of negative notice acceptable?
Please refer to the Court's website, www.flmb.uscourts.gov, and look under the heading "Procedures" to obtain 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). |
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| 22. | How does a litigant obtain a hearing date?
Call the Courtroom Administrator, Kathy Deetz, at 407-648-6906. |
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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)?
Court notice will provide whether hearing is evidentiary or non-evidentiary. |
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| 24. | What are your requirements for proposed orders?
Proposed orders should be submitted no later than three days after a hearing, and must reference the docket number of the motion being ruled upon. All orders should be submitted electronically following the directions on the Court's website, www.flmb.uscourts.gov.
In connection with Bankruptcy Rule 2004, the Court will entertain Motions for 2004 Examinations on an ex parte basis. Movants may submit a proposed order granting a Motion for a 2004 Examination to the Court's website after docketing the Motion via CMECF. Proposed orders should set the date of the examination at least 10 days after the date the Motion is docketed, or should simply include language indicating that the examination shall be conducted at a time mutually agreeable to the parties. Proposed orders should not include any language requiring the entity being examined to produce documents at the examination, as Rule 2004 is not a discovery tool. Rather, parties should compel documents in the manner provided in Bankruptcy Rule 9016. |
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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. A hearing may or may not be set, depending on the circumstances surrounding the request. |
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| 26. | Under what circumstances do you require the debtor's attendance at a hearing?
Debtors generally should attend all hearings. |
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| 27. | Do you grant pro hac vice admission on oral request at hearings?
Yes. |
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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?
I have no set policy, but will take whatever action is appropriate on a case-by-case basis. |
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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?
I have no set policy, but will take whatever action is appropriate on a case-by-case basis. |
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| 30. | Please indicate any pet peeves of which you would like the Federal Bar to be aware.
Court time is very precious. If you know you will need more time or if a matter settles and you need no time, please call my courtroom administrator as soon as possible.
Pre-mark exhibits before evidentiary hearings, and make sure you bring sufficient copies. |
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