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The Florida Bar
www.floridabar.org


Adalberto J Jordan
District 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: Southern District of Florida
Location of chambers: 400 N. Miami Avenue, 10-1, Miami, Florida 33128
Assigned courtroom: 10-1
Phone: (305) 523-5560
Email address (only for proposed orders or jury instructions):

CHAMBERS

Staff:
Judicial Assistant/Secretary: Elsa Pazos
Phone: (305) 523-5561
Email address:

Courtroom Deputy: Maria Conboy
Phone: (305) 523-5565
Email address:

Court Reporter: Francine Salopek
Phone: (305) 523-5568
Email address:

Docket Clerk:
Phone: 1-888-318-2260
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? Yes

      on the status of pending matters? Yes

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)? No

Do you have a preferred method governing the filing of sealed documents? All sealed documents, when possible, should be filed in redacted form in the public records.

Do you prefer that (non-trial) exhibits be filed as separate docket entries (instead of filing them as attachments to the document they support)? No

When filing documents with multiple attachments, 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.) Yes

Do you prefer that (non-trial) exhibits and depositions be filed conventionally as well as on CM/ECF? No

      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? Yes

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

Comments:


Do you conduct preliminary pretrial conferences in criminal cases? Yes

      If YES, what matters do you typically discuss during a preliminary pretrial conference? I try to discuss all pending matters, including the scheduling of the trial and any pre-trial proceedings.

Do you require the defendant to be present at status conferences? No

      If YES, do you have the same policy for defendants in custody and for defendants on bond?

Do you conduct suppression hearings or do you refer them to a Magistrate Judge? Most of the time. I handle most of these hearings unless I have a busy trial calendar, in which case I may refer motions the Magistrate Judge.

Do you conduct hearings on pretrial motions to dismiss or to sever? Yes

Do you take the plea or do you regularly refer plea hearings to a Magistrate Judge? I take guilty pleas.

If you regularly refer plea hearings to a Magistrate Judge, what circumstances would permit the parties to have a plea hearing before you?

Do you have a regular plea deadline? No

      If YES, when is that deadline?

      If NO, is a plea deadline set at pretrial conferences?

What is your policy concerning nolo contendere or Alford pleas? I generally do not accept nolo contendere or Alford pleas.

Do you have any special procedures regarding plea agreements for individuals who are cooperating with the government, e.g., sealed plea agreements, etc.? No

What is your policy as to plea agreements that involve sentencing recommendations? I generally do not accept plea agreements which contain binding stipulations concerning sentencing.

Comments:

PRETRIAL PROCEDURE (CIVIL)

Do you issue a standard pretrial order? (Please attach a copy at the end of this survey.) Yes

Do you conduct preliminary pretrial hearings, e.g., pursuant to Fed.R.Civ.P. 16?

      If YES, what matters do you typically discuss during preliminary pretrial hearings? If I conduct a pretrial hearing, I ask the attorneys to explain their theories and views of the case and tell me about any unique issues or problems they foresee. I will usually discuss discovery matters and scheduling issues with the attorneys at a pretrial hearing. If there are pending motions, I try to deal with them as well.

Do you have any requirements, beyond those found in the Federal Rules of Civil Procedure and the Local Rules, as to motions for extension of time or motions for continuance? No

      If YES, what do you require?

Other than as required by Local Rules, do you prefer that the moving parties submit proposed orders along with non-dispositive motions?

Do you have any requirements, beyond those found in the Federal Rules and the Local Rules, as to ex parte temporary restraining orders? Counsel are to file their papers with the Clerk of the Court, who will then bring copies to me. Depending on the case and its posture, I may or may not request a response before issuing a ruling. My staff will call the attorneys as soon as I have issued an order.

Do you generally hear preliminary injunction motions? Yes

      If YES, do you permit evidence to be introduced?

      If NO, do you routinely refer preliminary injunctions for report and recommendation by a Magistrate Judge?

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? No

Do you regularly set aside time during a given week/month for hearings on motions? No

      If YES, when is your normal hearing date/time? I do not have a set schedule for hearings on motions, but when I am in trial I try to set aside Friday as the day to hold hearings, take guilty pleas, and conduct sentencing proceedings.

Under what circumstances do you allow telephonic hearings? I will hold telephone hearings for out of town counsel.

What is your practice concerning oral arguments on dispositive motions? I try to schedule an oral argument on most dispositive motions.

Will you entertain motions in limine prior to trial? Yes

      If YES, how far in advance should they be filed? As early as possible, and no later than the date set forth in the local rules.

Comments:

Other than those discovery schedules contained in Local Rules, do you have special discovery deadlines or procedures for certain types of cases (ERISA, FLSA, etc.)? No

      If YES, what types of cases and what are the deadlines or procedures? No, but routine FLSA cases usually have a shorter discovery deadline.

Do you routinely refer discovery matters to a Magistrate Judge? Yes

When a dispute arises during a deposition, is it appropriate to call your chambers or the Magistrate Judge's chambers (depending on whether the case has been referred for discovery) to seek an immediate ruling? No

Comments: No, unless prior arrangements have been made.


What is your preference regarding the use of alternative dispute resolution methods such as arbitration or mediation? Most civil cases are referred to mediation.

Do you require counsel to submit a proposed order referring the case to mediation? Yes

Do you have a procedure for counsel to request referral to a Magistrate Judge for settlement conferences? No

Do you have any special procedures for the settlement of FLSA cases? I usually refer FLSA cases to a Magistrate Judge for mediation.

Comments:

TRIAL

Do you automatically set civil cases for trial or do you wait for counsel to propose a time period in which a case should be scheduled for trial?

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

      If YES, under what circumstances will you grant trial dates certain? I will grant a certain trial date only in the rare case (e.g., a case which requires a long trial, or a case with many parties and attorneys). Normally cases are set for trial during a two-week calendar.

      IF NO, what is your policy regarding notice for trial during a trial docket (e.g., will you give at least 48 hours' notice)? After the calendar call, the parties are generally on 24-hour notice for trial.

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? Cases not reached are usually set for the next trial calendar.

Do you conduct pretrial conferences?

      If YES, and you have a standing order regarding pretrial conferences, please attach a copy at the end of this survey.

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? I take these matters up on a case by case basis.

Do you require trial briefs

      in jury trials? No

      in bench trials? No

If you require trial briefs, when are they due? Because they are not required, trial briefs can be submitted on the first day of trial.

Do you have any requirements for trial briefs? Trial briefs should explain the evidence to be presented and discuss the relevant legal principles. If there are complex or unique evidentiary issues, the trial briefs should discuss those matters as well.

Do you permit counsel to perform voir dire? Yes

      If YES, what guidelines or restrictions must counsel follow when conducting voir dire? Counsel must not use voir dire to argue their case to the jury. In a non-complex civil or criminal case, I will give each of the attorneys about 15-20 minutes to question the panel.

      If NO, can counsel submit proposed voir dire questions? Yes

            If YES, when should such questions be submitted? Such questions are normally due prior to the calendar call, at the same time as the jury instructions.

What are your peremptory challenge procedures? All challenges are exercised outside of the venire's presence

In multiple party cases, do you grant each party three peremptory challenges? No

      If NO, do you limit each side (i.e., plaintiff/defense) to a total of three peremptory challenges to be shared? I generally do not, though some cases may call for an increase in the number of such challenges.

Do you allow back striking during jury selection? No

Do you impose any standard time limits on counsel's opening statements? No

      If YES, what are the time limits? The amount of time permitted for opening statement depends on the nature of the case and the number of parties.

Can exhibits be used in opening statements? Yes

Do you allow plaintiffs to make a rebuttal during opening statements? No

Do you permit jurors to

      take notes? Yes

      ask questions? No

      If YES, under what constraints and restrictions?

What, if any, procedures do you have concerning objections at trial? I do not allow speaking objections. Counsel should only state the ground for the objection (e.g., hearsay) and the response to the objection (e.g., business records exception). If I need more information or argument, I will talk to the attorneys at sidebar.

When do you require counsel to file proposed jury instructions? Jury instructions are usually due prior to the calendar call. The due date will be set out in the scheduling order.

Should jury instructions also be submitted to chambers electronically? Yes

When standard jury instructions are available, do you prefer that attorneys submit condensed versions of the standard instructions? Yes

Do you require proposed findings of fact and conclusions of law to be filed in bench trials? Yes

      If YES, when do you require the proposed findings of fact and conclusions of law to be filed? Proposed findings of fact and conclusions of law are usually due prior to the calendar call. The due date will be set out in the scheduling order. Sometimes I will postpone such submissions until after trial.

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

Comments:

SENTENCING

Do you require sentencing memos from the parties? No

      If YES, what is the deadline for filing a sentencing memo? I do not require parties to file sentencing memos, but they are help. Sentencing memos are not helpful if they are filed on the eve of sentencing.

      If NO, may parties file a sentencing memo? Yes

If counsel anticipates a contested or extensive sentencing hearing, should counsel notify the court? yes

If you are considering an upward departure under the United States Sentencing Guidelines, do you provide notice orally or in writing? Yes, if the proposed departure is not recommended in the PSR.

In a proceeding for a violation of supervised release conditions, do you personally conduct the admissions/findings of fact hearing or do you refer this to a Magistrate Judge?

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”? My most important "pet peeve" is the failure of attorneys to adhere to court orders and deadlines. Too many attorneys fail to comply with orders and let deadlines pass without taking any action whatsoever.

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.

BIOGRAPHY.pdf

Discovery Order.pdf

Scheduling Order.pdf


Survey last modified on 11/23/2010

[Revised: 06-30-2010]