The Florida Bar
www.floridabar.org


Caryl Emerson Delano
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: Sam M. Gibbons U.S. Courthouse, 801 North Florida Avenue, Tampa, Florida 33602-3899
Assigned courtroom: 10B
Phone: 813-301-5190
Email address (only for proposed orders):

CHAMBERS
Staff:

Judicial Assistant/Secretary: Laura Stevenson
Phone:
Email address:

Courtroom Deputy: Lisa Mills
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? No

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? A first request for a continuance where the opposing party consents will typically be granted ex parte, depending on the nature of the continuance being sought. A second request may be set for hearing, again depending on the nature of the continuance being sought.
Importantly, 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.

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 the circumstances, including the specific rule involved.

What do you consider to be an emergency matter? Situations involving imminent loss of property rights or irreparable injury; first-day motions in chapter 11 cases.

How does one request emergency relief? In accordance with the local rules. Submit a motion and certificate of necessity, and the Judge will review them. See M.D. Fla. L.B.R. 9004-2. You will then be contacted by the Courtroom Deputy.

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 65 of the Federal Rules of Civil Procedure. For guidance, I find the Middle District of Florida's rules to be very comprehensive and encourage attorneys to follow them when seeking temporary restraining orders. U.S. Dist.Ct.Rules M.D. Fla., Rules 4.05 and 4.06.

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

For which matters is the use of negative notice acceptable? The use of the negative notice procedure is highly encouraged. See M.D. Fla. L.B.R. 2002-4 for matters that are acceptable. I will also allow negative notice for motions for relief from stay in Chapter 7's, in Chapter 13's when the creditor is being paid outside the plan, and objections to claims (30 day notice per L.B.R. 2002-4(b)(4)(ii)).

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 proved 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 will rule dispositively on the legal issues. Typically, hearings that are not noticed at preliminary are noticed as evidentiary.

Under what circumstances do you allow telephonic hearings? Yes, if there is a good reason. (See my Policy on Telephonic Appearances, posted at www.flmb.uscourts.gov.)

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 conference and significant hearings in chapter 11 cases. Chapter 7 and Chapter 13 debtors' attendance at significant hearings is highly recommended.

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? Mediation (but not non-binding arbitration) is encouraged. I will readily grant motions by either party and, at times, order mediation sua sponte.

Do you refer settlement conferences to another Bankruptcy Judge? Yes

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? Yes

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?

Do you require trial briefs?

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”? Please call Chambers when a matter is settled. Otherwise, valuable time is expended by the Judge and Chambers staff, which is wasteful of court resources. Sanctions may be imposed if Chambers expends considerable time preparing for a hearing or trial after the parties have reached a settlement.
Have your exhibits prepared in compliance with M.D. Fla. L.B.R. 9070-1.
For further guidance, see Judge Williamson's Practice Pointers for Lawyers, also posted at www.flmb.uscourts.gov.

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 03/04/2009

[Revised: 07-01-2005]