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Middle District of Florida |
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| Location of Chambers:
Chambers 8B, 801 N. Florida Ave., Tampa, FL 33602 |
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| Phone Number:
813-301-5082 (main line) |
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| Assigned Courtroom:
8B |
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| 1. | Staff: |
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| Judicial Assistant:
Julie Stafford/Laura Stevenson (non case-related matters) |
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| Courtroom Deputy:
Denise Garcia (scheduling matters), phone 813-301-5083 |
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| Law Clerk(s):
Lisa Pease (some procedural matters - see No. 2 below), phone 813-301-5088 |
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| 2. | Is it appropriate to telephone Chambers regarding questions of procedure on pending matters?
Yes
Comments:
You may contact the Law Clerk on procedural matters. |
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| 3. | Is it appropriate to telephone Chambers regarding the status of pending matters?
No
Comments:
Generally, no. First, review the case docket on-line. Then, if necessary, call the case manager in the Clerk's office. For the identity of the case manager, go to www.flmb.uscourts.gov/mcewen/. 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:
Except for papers filed within 48 hours of a hearing on a complex matter. |
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| 5. | When should legal memoranda be filed in support of or in opposition to motions?
Whenever counsel thinks it will be helpful to the Court, particularly in complex matters. However, to be helpful, it must be filed at least 48 hours in advance of the hearing. |
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| 6. | a. Should copies of cases cited in motions and memoranda be forwarded to Chambers?
No
Comments:
Not necessarily. |
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| b. If copies of cases are submitted, is it appropriate to highlight portions of cases?
Yes
Comments:
I prefer to see highlighted cases. However, highlighted cases must be served to all parties in that same format. |
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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 appearances are permitted for non-evidentiary hearings only. Generally, telephonic appearances are reserved for counsel who are outside of Hillsborough County. Telephonic participants may not use cellular or speaker telephones, as they compromise the quality of the record and fade out at times. Please call my Courtroom Deputy, Denise Garcia, at 813-301-5083 to schedule telephonic appearances. She will place the call to you at the time of the hearing. However, if there are more than three attorneys appearing for one hearing, the fourth requesting party will be asked to set up a conference call with a call-in number. |
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| 9. | a. What do you consider to be an emergency matter?
Situations involving an imminent loss of rights; the motion or application should state what harm would occur if the hearing is not scheduled as an emergency.Also, expedited hearings will be scheduled on matters falling under the Court's Administrative Order Establishing Initial Procedures in Chapter 11 Cases Filed in the Tampa and Ft. Myers Divisions, Administrative Order TPA-2005-2 (AO 2005-2). See attachment section, below. |
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| b. How does one request emergency relief?
Follow M.D. Fla. L.B.R. 9004-2 for emergency matters. If an emergency hearing is appropriate under the circumstances, the Courtroom Deputy will inform the movant, who will be directed to provide notice telephonically, electronically, and by facsimile.With respect to expedited matters falling under AO-2005-2, the case manager will alert the Courtroom Deputy, who will schedule the hearing and direct how notice should be given. |
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| 10. | a. Would you entertain motions in limine prior to trial?
Yes
Comments:
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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?
Follow Rule 7065, Federal Rules of Bankruptcy Procedure. For guidance, refer to Rule 4.05 of the Local Rules of the Middle District of Florida. A good "how to" resource is retired Judge Corcoran's article "Preliminary Injunctions and Temporary Restraining Orders: How to Get Them Effectively and Efficiently," The Cramdown, Tampa Bay Bankruptcy Bar Association, Winter 2003, pp.4-5. See attachment section, below. |
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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 mediation (but not non-binding arbitration). In appropriate cases and proceedings, I will require it. |
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| b. Will you refer settlement negotiations to another bankruptcy judge?
Comments:
I will refer mediations to another bankruptcy judge if the matter is very complex or contentious, or involves non-monied parties, or has been to mediation before a private mediator and has impassed. Of course, a bankruptcy judge must also be willing to serve in that capacity. I am willing to mediate the same kinds of matters for other bankrptcy judges, time permitting. |
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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:
The telephone procedure is meant to be informal, i.e., without prejudice to any party to file a motion to compel or for a protective order, which will be set for hearing. |
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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?
No
Comments:
Not for all trials - only as directied orally or in a pre-trial order. |
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| 16. | Do you require proposed findings of fact and conclusions of law to be filed?
Comments:
Not unless requested at the conclusion of a trial. |
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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?
No
Comments:
Not unless requested. |
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| 18. | Do you prefer opening statements?
No
Comments:
If counsel believes it would be helpful to the Court, as in a complex case, then yes. But, generally not, unless requested. |
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| 19. | Do you conduct Daubert hearings prior to trial?
Yes
Comments:
If a Daubert motion is filed prior to trial and a request for separate hearing is made, then probably so. |
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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 electronic presentations. Stand-alone trial graphics (posters) are not helpful unless the print is very large; a paper version that I can view at the bench is more helpful. I have not yet formulated a policy on the handling of depositions. |
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| 21. | For which matters is the use of negative notice acceptable?
See M.D. Fla. L.B.R. 2002-4. Upon request I will consider applying negative notice to other matters. |
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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 an emergency hearing, the Courtroom Deputy will contact movant's counsel; counsel is typically instructed to provide notice by telephone, email and facsimile. |
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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)?
The notice will specify whether the hearing is preliminary or evidentiary. However, if a hearing is noticed as preliminary and if it appears from discussion with counsel that there are no material facts in dispute, the Court, if otherwise appropriate, will make dispositive rulings at the preliminary hearing. |
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| 24. | What are your requirements for proposed orders?
Refer to M.D. Fla. L.B.R. 9072-1 when preparing proposed orders. Judge Funk's Practice Guidelines Memorandum (available on the Court's website under his name on the Judges page) is a very good "how to" resource. Electronic filers should submit proposed orders via this link: https://pacer.flmb.uscourts.gov/orders/login.asp and comply with the Tampa Division guidelines for submission of proposed orders through CM/ECF (www.flmb.uscourts.gov/proposedorders). |
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| 25. | Do you have a policy on continuances and enlargements of time (e.g., hearing required)?
Do not assume that a motion for continuance filed at the last minute will be granted absent consent of all parties. Refer to M.D. Fla. L.B.R. 5071-1 prior to filing your motion for continuance. 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. |
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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 involving an interest of the debtor; initial status conference in Chapter 11 cases. I may add others as I develop this policy. |
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| 27. | Do you grant pro hac vice admission on oral request at hearings?
Yes, but the preferred method is to follow 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?
I will take what action is appropriate based on the issue. Generally, the deadlines for filing and responding to summary judgment motions (relative to the hearing date) will be treated as firm. If a proposed order is not timely submitted in compliance with an order or published policy, the matter at issue may be denied based on that noncompliance. |
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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, such as exclusion of those exhibits. |
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| 30. | Please indicate any pet peeves of which you would like the Federal Bar to be aware.
Practice pointers (not peeves):Help me by coming prepared with legal arguments in support of your position and cases you want considered. Submitting them in advance is most helpful.Call the Courtroom Deputy when a matter is settled so that Chambers staff and I can work on preparing for something else.Mark your exhibits in advance in compliance with M.D. Fla. L.B.R. 9070-1. It makes the trial run more smoothly and aids the Courtroom Deputy tremendously.Speak clearly and slowly when making your appearance so that we record your name correctly on proceeding memos.Settlement and social conversations in the courtroom's well and gallery areas may be distracting to all seated at the bench, which may cause one of us to miss something. Also, digital recording equipment may sometimes pick up remote conversations, which can cause problems in generating accurate transcripts. Therefore, while the Court is in session and you are waiting for your case to be called, please hold your settlement discussions outside the courtroom so as not to interfere with a colleague's hearing. For other practice pointers, see the attached practice memos. |
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