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The Florida Bar
www.floridabar.org


Paul Mitchell Glenn Jr.
Bankruptcy Judge

The following information was provided in response to a survey prepared by 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. Further information may be found in the attachments (sample orders, etc.) referenced at the end of this Guide entry or on the court's website noted below.

JUDGE
Court: Middle District of Florida
Location of chambers: 300 North Hogan Street, Suite 4-204, Jacksonville, Florida 32202
Assigned courtroom: 4A
Phone: 904-301-6550
Email address (only for proposed orders):

CHAMBERS
Staff:

Judicial Assistant/Secretary:
Phone:
Email address:

Courtroom Deputy: Barry Clark
Phone:
Email address:

Court Reporter:
Phone:
Email address:

Docket Clerk:
Phone:
Email address:

Law Clerk phone number(s), only if you permit law clerk(s) to receive calls:

Communication with chambers:

Do you permit contact with chambers

      regarding questions of procedure? Yes

      regarding the status of pending matters? Yes

May counsel contact chambers to speak with your law clerks(s)

      on procedural matters?

      on the status of pending matters?

Comments:

USE OF CELL PHONES, LAPTOPS, AND OTHER ELECTRONICS IN COURT

Other than procedures adopted by the U.S. Marshal's Service relating to access to a federal courthouse, do you have any additional procedures to be followed for the use of cell phones, laptops, or other electronics?

Is there a designated court staff person to contact relating to the use of electronic media or other audiovisual needs?

*Always verify with the Clerk of Court or the U.S. Marshal's Service as to any procedures relating to the use of cell phones or other electronic devices at the courthouse.

CM/ECF PROCEDURES
(in addition to Local Rules or CM/ECF procedures applicable in the District)

Do you have a preferred method for counsel to correct an electronically filed document that inadvertently contains personal information (as prohibited by Fed.R.Civ.P. 5.2)?

Do you have a preferred method governing the filing of sealed documents?

Do you prefer that (non-trial) exhibits be filed as separate docket entries (instead of filing them as attachments to the document they support)?

When filing documents with multiple attachments (e.g., the petition and schedules), do you prefer that the document be filed such that it is displayed with bookmarks within the PDF image? (This question only applies if such filing is available as a format for filing attachments in your District.)

Do you prefer that (non-trial) exhibits and depositions be filed conventionally as well as on CM/ECF?

      If YES, do you require more than one copy to be filed?

Do you prefer to have proposed orders (other than those required to be filed in the case) submitted as an attachment to documents filed in CM/ECF, or do you prefer to receive them by email or another method?

Should proposed orders be submitted in a format which can be edited, or is a PDF version acceptable?

Comments:

PRETRIAL PRACTICE

When other parties have consented to a motion, do you prefer that the consent is stated in the motion or do you prefer a separately filed notice of consent?

Do you have any requirements, beyond those found in the Federal Rules of Civil Procedure, the Federal Rules of Bankruptcy Procedure, or any Local Rules, as to motions for enlargement of time or motions for continuance?

      If YES, what do you require? Such motions should be in compliance with M.D. Fla. L.B.R. 5071-1.

Should copies of cases cited in motions and memoranda be forwarded to chambers?

      copies of published cases? No

      copies of unpublished opinions? Yes

If copies of cases are submitted, do you accept copies that have portions highlighted by counsel? Yes

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.

What do you consider to be an emergency matter? I evaluate this on a case-by-case basis. Generally, I accept the movant’s representations.

How does one request emergency relief? Submit a motion and certificate of necessity. See M.D. Fla. L.B.R. 9004-2.

What are your procedures concerning ex parte temporary restraining orders? I will consider ex parte temporary restraining orders if they are in compliance with Rule 7065 of the Federal Rules of Bankruptcy Procedure.

When a dispute arises during a deposition, is it appropriate to call chambers to seek an immediate ruling?

For which matters is the use of negative notice acceptable? See M.D. Fla. L.B.R. 2002-4.

What is your preferred method for a party to request 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 fax.

When you schedule a hearing, do you state whether the hearing will 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. Typically, hearings that are not noticed as preliminary are noticed as evidentiary.

Under what circumstances do you allow telephonic hearings? The party requesting telephonic appearance must file a motion and submit a proposed order prior to the hearing.

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 conferences and significant hearings in Chapter 11 cases, and hearings on motions to impose or extend the automatic stay.

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.

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.

Will you entertain motions in limine prior to trial? Yes

      If YES, how far in advance should they be filed? As far in advance as possible and appropriate.

What is your preference regarding the use of alternative dispute resolution methods such as arbitration or mediation? I encourage it.

Do you refer settlement conferences to another Bankruptcy Judge?

Comments:

TRIAL

Do you grant specially set trial dates (dates certain)? Yes

      If YES, under what circumstances will you grant trial dates certain?

      If NO, what is your policy regarding notice for trial during a trial docket (e.g., will you give at least 48 hours' notice)?

What is your practice or procedure regarding rescheduling trials that are not reached on a trial docket (e.g., will the trial date be automatically rescheduled on your next trial docket)?

Do you conduct Daubert hearings prior to trial?

What, if any, procedural requirements do you have regarding 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.

Do you prefer opening statements? Yes

Do you require trial briefs? Yes

If you require trial briefs, when are they due?

Do you have any requirements for trial briefs?

Do you require proposed findings of fact and conclusions of law to be filed? No

      If YES, when do you require the proposed findings of fact and conclusions of law to be filed?

Should the proposed findings and conclusions also be submitted to chambers electronically?

Comments:

GENERAL ADVICE

What should lawyers avoid at all costs when appearing before you (other than the obvious: don't be late, do be courteous, etc.), i.e., do you have any “pet peeves”? None.

Do you have any other practice pointers, advice, observations, or suggestions for members of the Bar appearing before you?

LINKS

Links to your court's webpage with information about your practices or other links you recommend for practitioners:

ATTACHMENTS
Sample orders (please include a sample of any scheduling orders), biography, etc.

Attachments:

Survey last modified on 06/24/2008

[Revised: 06-30-2010]